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THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
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OF
THE ROYAL COLONIAL INSTITUTE
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IL Dictionaries, directories, encyclopaedias, and other works of refer-
ence and high value ; Proceedings of Societies, Vjound volumes of pamphlets,
and works containing numerous separate articles ; legal treatises, volumes of
Acts, and Law Reports ; official publications of all kinds ; manuscripts,
atlases, maps, prints, and drawings ; new books until the expiration of one
month from the time of their reception ; and such books as the Library
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Committee or, in his absence, two members of that Committee.
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and the Librarian shall report the matter to the Chairman of the Library
Committee for such further action as may be deemed necessary. Unbound
numbers of periodicals shall not be retained for longer than one week.
V. In every case of loss of, or damage to, any volume or other
property of the Institute Library, the user or borrower shall make good
the same ; and any such volume or other property shall be considered as lost,
and the recovery of its value be capable of being enforced, if it be not
returned as provided for in Rule IV.
VI. Fellows shall not lend books belonging to the' Institute to other
Fellows, nor to persons who are not Fellows of the Institute.
VII. Visitors may be admitted to the Library on the introduction of a
Fellow, whose name, together with the name of the visitor, shall be
inserted in a book kept for that purpose. Bona-fide properly accredited
students shall have the use of the Library at the discretion of the Committee,
but shall not be permitted to borrow books.
VIII. No books shall be sent out of the United Kingdom, except to
Governments or recognised Societies.
IX. Any infraction of the above Regulations will be reported to the
Committee, who will take such steps as the case may appear to require.
By Order of the Council.
Royal Colonial Institute,
Northumberland Avenue, London, W.C. 2.
Jnly 21, 1920.
THE LAWS OF THE
FEDERATED MALAY STATES.
VOL. III.
THE LAWS OF THE
FEDERATED MALAY STATES
1877-1920
COMPILED BY
A. B. VOULES,
LEGAL ADVISEK, F.M.S.
IN THREE VOLUMES.
VOL. in.
PUBLISHED BY AUTHORITY
PRINTED BY
HAZELL, WATSON & VINEY, LD.
LONDON AND AYLESBURY
(Appointed by the Government of the Federated Malay States the
Government Printers for the purposes of this edition of Laws)
1921
7 ■■
ALPHABETICAL INDEX OF THE SHORT TITLES OF
THE LAWS OF THE FEDERATED MALAY STATES,
1877-1920, UNREPEALED ON 31st 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
Amusement, Places of Public
Animals and Birds Protection, Wild
Animals, 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 Animals and
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 I 615
22 of 1914 II 626
22 of 1913 II 526
.. 1898 I 83
Pg. 6 of 1901 I 742
13 of 1913 II 495
22 of 1917 III 292
20 of 1919 III 668
.. 1902 I 215
4 of 1917 III 128
24 of 1913 II 544
9 of 1911 II
6 of 1910 II
. . 1907 I
17 of 1912 II
13 of 1915 III
8 of 1915 III
. . 1905 I
10 of
Pg. 4 of
17 of
10 of
2 of
3 of
10 of
26 of
9 of
13 of
14 of
17 of
9 of
Sel. 3 of
1910 II
1890 I
1914 II
1919 III
1912 II
1912 II
1913 II
1919 III
1911 II
1920 III
1912 II
1915 III
1912 II
1899 I
1897 I
56
14
550
420
31
18
514
22
729
593
657
242
303
482
670
56
720
419
57
403
132
C69
1000761
VI
INDEX OF SHORT TITLES.
Short title.
Bureau of Statistics . .
Burials
Census
Chamber of Mines, F.M.S., Incorporation
Chandu, Opium and
Change of Names
Chief Secretary (Incorporation) . .
Chinese Affairs, Secretary for
Chinese Laws, Recognition . .
No. and Year. Vol. Page.
9 of 1919 III 653
4 of 1910 II 6
Christian Brothers' Schools Visitor
corporation
Christian INLvrriage
Civil Guard, Reserve Force and . .
Civil Procedlt^e Code . .
Clauses, General
Coconut Palms Preservation
Code, Civil Procedure
Code, Criminal Procedure
Code, Labour
Coin, Counterfeit
Coin, Import and Export
Collision and Salvage
Collision at Sea, Prevention
Commissions of Enquiry
Common Gaming Houses
Companies . .
Companies, British and Foreign
Companies, Fire Insurance . .
Contagious and Infectious Disease
Continuance of Powers
Contract . .
Copyright, Telegram . .
Corporations Duty
Council Proceedings Validation . .
Counterfeit Coin
Country Lands (Cultivation)
Court Fees
Courts
Crimes, Prevention of
Crimes, Prevention of
Crimes, Prevention of
Criminal Jurisdiction,
AND
Criminal Procedltie Code
Cruelty to Animals, Prevention
8 of 1910 II 17
25 of 1914 II 644
14 of 1910 II 34
3 of 1919 III 644
1 of 1911 II 47
.. 1899 I 115
- Pk. 23 of 1893 I 610
In-
32 of 1918 III 598
1 of 1915 II 669
21 of 1915 III 64
15 of 1918 III 350
.. 1896 I 32
17 of 1917 III 158
15 of 1918 III 350
. . 1902 I 220
6 of 1912 II 332
10 of 1912 II 407
.. 1903 I 467
2 of 1913 II 457
.. 1897 I 38
18 of 1918 III 590
19 of 1912 II 426
20 of 1917 III 160
9 of 1912 II 403
3 of 1918 III 317
Pk. 3 of 1894 I 613
15 of 1919 III 666
.. 1899 I 135
5 of 1911 II 50
20 of 1914 II 622
18 of 1920 III 729
10 of 1912 II 407
8 of 1914 II 576
.. 1905 I 490
14 of 1918 III 330
.. 1903 I 432
Pk. 2 of 1903 I 624
N.S. 6 of 1895 I 697
Police Assistance
19 of 1913 II 509
.. 1902 I 220
6 of 1910 II 14
INDEX OF SHORT TITLES.
Vll
Short title.
Cultivation, Countky Lands
Cultivation of Rice
Cultivation of Rice
Customary 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, Prevention of
Disease, Quarantine and Prevention of
District Officers
Districts Water Supply
Divorce Registration, Muhammad an Mar-
riage AND
Drainage Rate . .
Drugs, Deleterious
Drugs, Sale of Food and
Duty, Corporations
Education Rate
Electricity
Evidence, Penal Code and . .
JijX^ClSfi •• •• •• ■■
Explosives
Export, Coin Import and
Extradition
No. and Year.
8 of 1914
N.S. 3 of 1917
Pg. 11 of 1897
N.S. 17 of 1909
31 of 1920
Vol. Page.
II 576
. . 1909
. . 1899
. . 1902
Pk. 15 of 1901
2 of 1919
10 of 1911
. . 1903
. Pk. 3 of 1894
N.S. 1 of 1894
Sei. 5 of 1894
. . 1903
Pk. 10 of 1902
Sel. 2 of 1910
. . 1900
. . 1909
10 of 1911
9 of 1913
20 of 1914
5 of 1915
23 of 1913
. . 1905
6 of 1915
. . 1904
. . 1903
26 of 1914
I
I
I
III
I
I
I
I
I
I
I
I
I
I
I
III
II
I
III
I
I
II
723
731
719
782
564
114
217
6ia
III 643
II 69
434
613
695
667
461
621
686
I 195
I 567
II 69
II 473
II 622
3
528
538
4
481
467
658
Federated Malay States Chamber of
Mines, Incorporation
Federated Malay States Prisoners
Fees, Court
Ferries
Fines, Departmental . .
Fire Insurance Companies
Fish Protection
Flags at Religious Festivals
Flogging Regulation . .
Food and Drugs, Sale of
Food Production
25
Pk. 1
9
42
of 1914
1905
1905
1900
1903
of 1918
1898
of 1881
1905
of 1913
of 1918
II
I
I
I
I
I
I
I
II
644
498
490
211
434
III 317
82
589
513
473
III 627
Vlll
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
Fk. 20 of 1895
. . 1900
15 of 1915
Vol. Page.
II 403
III 62
III 602
III 668
II 30
I
I
III
616
193
47
Gaming Houses, Common . . . .
Ganja Prohibition
General Clauses
General Loan and Inscribed Stock
Girls, Protection, Women and
Government Debts, Priority
Government Loans, Secl^rity
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
87
32
567
552
489
10
486
Habitual Criminals,
and
Habitual Criminals,
and
Habitual Criminals,
AND
Harbour . .
Harbours . .
Harbours . .
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 .. .t •• .. ..
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 '11 644
13 of 1914 II 587
16 of 1915 III 56
1909
1898
I
I
569
89
INDEX OF SHORT TITLES.
IX
Short title.
Inventions
Inventions Validation . .
Irrigation Areas
Issue of Perak Notes Prohibited
No. and Year. Vol. Page.
19 of 1914 II 597
.Pg. 13 of 1909 I 753
.. 1899 I 131
Pk. 10 of 1890 I 590
JiNRIKISHA
1900
198
Karang Ayer Leleh . . . . . . . . Pg. 1 of 1916
Kathis Prohibited from Receiving Zakat Pk. 2 of 1880
Klang Sites Sel. 22 of 1909
I^iAN Irrigation .. .. .. . .Pk. 16 of 1905
Protection, Netherlands
Labour Code
Labourers'
Indian
Land
Legal Tender
Legal Tender (Supplementary)
Liabilities, Public Servants..
Libel
Lights and Small 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 , .
Mangeuvres, Military . .
Marks, Merchandise
Marriage, Christian
Marriage, Foreign Notice
Marriage Registration
Measures, Weights and
Medical Registration . .
Merchandise Marks
Metal Industry, Non-ferrous
Methodist Episcopal Location Board, In
corporation
Military Manceuvres
Mineral Ores
I
761
I
589
I
683
I
627
6 of 1912 II 332
. . 1909
I
569
11 of 1911
11
75
21 of 1913
II
522
23 of 1918
III
594
. . 1893
I
5
8 of 1918
III
326
. . 1902
I
420
. . 1896
I
14
3 of 1914
II
567
1 of 1916
III
92
27 of 1915
III
70
5 of 1910
II
10
12 of 1919
III
663
12 of 1915
III
20
25 of 1913
II
548
5 of 1913
II
461
13 of 1917
III
151
15 of 1913
II
505
. . 1905
I
500
7 of 1917
III
141
1 of 1915
II
669
20 of 1915
III
62
8 of 1911
II
52
. . 1893
I
7
. . 1907
I
552
7 of 1917
III
141
36 of 1918
III
620
13 of 1914
II
587
. . 1905
I
500
. . 1904
I
474
Xll
INDEX OF SHORT TITLES.
No. and Year. Vol. Page.
Short title.
Registration and Survey of Steam Vessels
Pk. 10 of 1893
Pg. 1 of 1890
1903
21 of 1915
N.S. 3 of 1917
Regulations for Headmen . .
Relief, Specific
Reserve Force and Civil Guard
Rice, Cultivation
Rice, Cultivation . . . . . .
Rice Lands
Rights of Holders of Agreements for
IjEASES .. .. .. •• ..
River Rights
Royal Family cannot be sued for Debt
Royal Family cannot be sued for Debt
Rubber Dealers
Pg. 11 of 1897
2 of 1917
Sel.
Pk.
Pk.
1 of 1892
3 of 1915
3 of 1888
1 of 1893
5 of 1919
I
I
I
III
I
I
I
I
I
I
604
727
436
64
723
731
III 125
659
632
589
729
III 64-3
Sale of Food and Drugs . . . . . . 9 of
Sales, Auction . .
Salvage, Collision and . . . . . . 2 of
Sanitary Boards . , . . . . . , 13 of
Savings Bank . . . . . . . . . . 17 of
School Attendance . . . . . . . . Pk. 2 of
School Attendance . . . . . . . . Sel. 5 of
School Attendance . . . . . . N.S. 3 of
School Attendance . . . . . . . . Pg. 7 of
Schools, Reformatory . .
Secretary for Chinese Affairs
Secretary to Resident
Secretary to Resident
Secretary to Resident
Seditious Publications (Prohibition
Shipping, Lights and Small . .
Silt (Control) . .
Small Offences . .
Societies . .
Solicitors, Advocates and
Specific Relief . .
Stamp
Statistics, Bureau of . .
Statutory Declarations
Steam Vessels, Registration and Survey Pk. 10 of
Stolen Property Pk. 18 of
Stolen Property and Habitual Criminals
Sel. 15 of
Stolen Property and Habitual Criminals
N.S. 11 of
Pk. 10 of
Sel. 10 of
N.S. 12 of
27 of
26 of
20 of
22 of
Oof
1913
1905
1913
1916
1914
1916
1891
1900
1908
1908
1899
1901
1901
1903
1919
1902
1917
1898
1913
1914
1903
1897
1919
1899
1893
1902
1902
1902
II
I
I
III
II
I
I
I
I
I
I
I
I
I
I
II
II
I
I
I
I
I
473
514
457
107
593
634
658
709
751
554
115
617
674
718
III 677
I 420
III 312
112
513
626
436
48
III 653
114
604
622
I 679
I 716
INDEX OF SHORT TITLES.
XUl
Short title. No. and Year. Vol
Stolen Property and Habitual Criminals Pg. 16 of 1902 I
Subjection to Chief of District . . . .Pg. 5 of 1891
Sultan Idris Estate .. .. .. ..Pk. 2 of 1917
Sultan Idris Religious and Charitable
Trust
Sultanate Lands
Supervision of Alien Missionaries . .
Syed Hassan's Concession Resumption
Tai Wa Fund 1 of 1902 I
Telegram Copyright .. .. .. .. 5 of 1911 II
Telegraphs . . . . . . . . . . . . 1905 I
Telegraphy, Wireless . . . . . . 7 of 1913 II
Theatres 2 of 1910 II
Titles, Registration of . . . . . . 13 of 1911 II
Titular Roman Catholic Bishop of Malacca,
Incorporation . . . . . . . . 16 of 1915 III
Town Improvement . . . . . . . . 23 of 1917 III
Traction Engines and Motor Cars.. .. 20 of 1912 II
Trades, Dangerous . . . . . . . . . . 1909 I
Transfer of Prisoners to the Colony . . 4 of 1914 II
Treasure Trove Pk. 15 of 1888 I
Treaties and Agreements, Validation . . 8 of 1912 II
Trustee 19 of 1920 III
Turtle Eggs Pg. 3 of 1915 I
Pk.
Pg.
3 of 1917
1 of 1919
22 of 1917
Pg. 1 of 1912
I
I
I
I
III
I
Page.
744
729
635
637
762
292
754
675
50
505
470
3
191
56
295
435
564
574
590
402
730
759
Usurious Loans .
12 of 1919 III 663
Vaccination
Vaccination
Vaccination
Vaccination
Vagrants, Decrepit
Validation, Inventions
Validation, Registration of Titles
Validation, Treaties and Agreements
Vehicles . .
Victoria Institution
ViCTORL\ Institution
Victoria Institution Reserve
Victory Loan
Village Sites
Volunteer . .
War Loan
War Loans Investment Trust of M
Pk. 13 of 1890
I
591
. . Sel. 3 of 1892
I
660
N.S. 15 of 1901
I
710
. . Pg. 9 of 1905
I
747
1902
I
217
Pg. 13 of 1909
I
753
Sel. 12 of 1897
I
670
rTS . . 8 of 1912
II
402
13 of 1912
II
408
. . Sel. 1 of 1914
I
690
Sel. 23 of 1899
I
671
Sel. 23 of 1909
I
685
1 of 1920
III
680
..Sel. 4 of 1890
I
649
1 of 1913
I
447
1 of 1916
III
92
ALAYA 8 of 1916
III
94
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. and Year.
Vo.
Page.
28 of 1918
Ill
596
14 of 1914
II
591
. .Sel. 2 of 1910
I
686
9 of 1920
III
715
. . 1909
I
557
. . 1893
I
7
3 of 1915
II
693
9 of 1911
II
56
7 of 1913
II
470
2 of 1914
II
552
FEDERAL LAWS
UNREPEALED ON THE 31ST DECEMBER, 1920.
PART 11.
ni— 1
ENACTMENT NO. 5 OF 1915.
An Enactment to impose an Education Eate within
Sanitary Board Areas.
Arthur Young, [1st June, 1915.
President of the Federal Council. 18th June, 1915.]
It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —
1. This Enactment may be cited as "The Education Rate short title and
Enactment, 1915," and shall come into force on the publication m^t!^°'^^
thereof in the Gazette.
2. In this Enactment the expressions " owner," " Sanitary Board interpretation,
area," " house," and " building " have the meanings assigned thereto
respectively in the Sanitary Boards Enactments, 1907.
3. An annual rate for the general purposes of education within the Annual rate for
Federated Malay States shall be imposed as from the 1st day of ^''"°^*'°'^-
January, 1916, upon all lands, houses, and buildings situated within
any Sanitary Board area and shall be payable by the owners of such
lands, houses, and buildings by half-yearly instalments in advance
without demand in the months of January and July in each year.
4. The said rate shall be called the education rate and shall be a Amount and
rate of one per centum of the annual value of the lands, houses, and rate?
buildings on which it is imposed and shall be collected in every
Sanitary Board area by the Sanitary Board having control thereof ;
and the provisions of the Sanitary Boards Enactments, 1907,
relating to the ascertainment of the annual value of lands, houses,
and buildings and to the assessment and recovery of rates due under
the said Enactments shall apply to the assessment and recovery of
the rate imposed by this Enactment.
5. All moneys received under this Enactment shall be paid into Disposal of
the public Treasury and shall be devoted solely to the purposes of rate.^^
education within the Federated Malay States in such manner as the
Chief Secretary to Government may from time to time direct.
ENACTMENT NO. 6 OF 1915.
A3 amended by E. 22 of 1915, 23 of 1916, 3 of 1917, 24 of 1917, 38 of 1918,
and 11 of 1920.
An Enactment to repeal and re-enact with amendments
" The Excise Enactments, 1908/' being the law to
regulate the Excise.
Arthur Young,
President of the Federal Council.
[1st June, 1915.
1st July, 1915.]
Short title,
commence-
ment, and
repeal.
Interpretation.
E. 38 of 1918.
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 Excise Enactment,
1915," and shall come into force upon the first day of July, 1915.
(ii) Upon the coming into force of this Enactment the Enactments
specified in the schedule shall be repealed ; provided that all
appointments and rules made, excise duties imposed, licenses issued,
warehouse rent prescribed, Licensing Boards established, exclusive
rights granted, and delegation of functions effected under any
Enactment hereby repealed which were in force or had authority
immediately prior to the commencement of this Enactment shall, so
far as they are not inconsistent with the provisions of this Enact-
ment, be deemed to have been made, imposed, issued, prescribed,
established, granted, and effected under this Enactment.
2. For the purposes of this Enactment and of rules, notifications,
and orders to be made thereunder the following terms shall, unless
there be something repugnant in the subject or context, have the
meanings hereby assigned to them respectively :
"Beer" includes ale, stout, porter, and all. other fermented
liquors made from malt ;
"Chief Secretary" means the Chief Secretary to Government,
Federated Malay States ;
" Conveyance " means any ship, boat, or vehicle ;
" Denatured " means effectually and permanently rendered unfit
for human consumption ;
" Gallon " means the imperial gallon or the gantang, or six
reputed quart bottles or twelve reputed pint bottles ;
" Intoxicating liquors " includes all liquors fit or intended for
human consumption, except medicated wines declared by the Chief
Secretary under the provisions of Section 2a not to be intoxicating liquors
for the purposes of this Enactment.
EXCISE. 5
ei
Licensed warehouse " means a place licensed under this Enact-
ment by the Resident of a State for the warehousing of liquors ;
" Liquor " includes all liquid consisting of alcohol or containing
more than two per cent, of pure alcohol by weight and also any
liquid which the Chief Secretary may by notification in the Gazette
declare to be liquor for the purposes of this Enactment ;
^'Manufacture," with its gramraatical variations and cognate e. 3ofi9i7.
expressions, includes, in the case of liquor imported into any State, the
addition of any substance, other than water, to such liquor with intent
that the compound so formed shall he sold for human consumption, but
does not include any such compound prepared at the order of a purchaser
and for his immediate consumption.
" Medicated wines " means intoxicating liquors which have been
submitted to a process of preparation consisting of the addition of
a drug or drugs intended to give special medicinal properties ;
" Proper officer of excise " means any officer of excise acting in the
fulfilment of the duties under this Enactment assigned to him by
the Commissioner of Trade and Customs ;
' ' Retail " means in the case of sale of liquors sale in less quantities e. 22 of 1915.
than three dozen reputed quart bottles or six dozen reputed pint
bottles, or six gallons when not sold in bottles; * * * ^y^^ b. 11 of 1920.
" wholesale " means sale other than retail sale ;
"Spirit" means any liquor containing alcohol obtained by
distillation, whether denatured or not ;
" Tobacco " includes cigars, cigarettes, and snuff ;
"Toddy" means the fermented juice drawn from a coconut,
palmyra, date, or any other kind of palm tree.
2a. The Chief Secretary may by notification in the Gazette Declaration as
declare any medicated wines not to be intoxicating liquors for the ^j^g
purposes of this Enactment ; medicated wines so declared are herein- e. ssofwis.
after termed " declared medicated wines."
3. The Resident of a State shall for such State appoint such ^°^®.' *° dicers
officers as shall be necessary for the management and collection of ^pp"^"^
the excise, and the performance of all duties connected theremth, on
such salaries and allowances as may be determined and may require
of any such officer such security for his good conduct as he shall
deem necessary, and the Commissioner of Trade and Customs
shall be the Chief Officer of Excise and shall have the general
superintendence of all matters relating to the excise throughout
the Federated Malay States.
4. (i) The Resident of a State may from time to time, with the power to
approval of the Chief Secretary, impose excise duties upon such '^pose duties.
liquors as he may think fit and from time to time cancel such duties
and impose new duties in the stead thereof and may prescribe the
methods according to which any duties so imposed shall be levied.
(ii) The amount of such duties and the approval of the Chief
Secretary shall be notified in the Gazette, and such duties shall not
come into force until the said notification is so published.
6
No. 6 OF 1915.
Licenses to
distil or manu-
facture liquors.
No person
except a licensee
to keep a still
or other appa-
ratus.
No liquor to be
removed from a
distillery except
as allowed by
role.
Power to enter
licensed pre-
mises and take
samples.
Power to make
rules for dis-
tilleries and
factories.
DISTILLATION AND MANUFACTURE OF LIQUORS.
5. (i) No person shall in any State distil or manufacture any liquor
other than toddy except under and in accordance with the provisions
of a license issued by the Resident of such State and at the distillery,
factory, or place of distillation or manufacture specified in the license.
(ii) Such license shall be issued at the discretion of the Resident
and shall be subject to such conditions as may be fixed from time to
time by the Chief Secretary.
(iii) There shall be charged for such license an annual fee to be
determined by the Resident in each case.
6. (i) No person other than the holder of a license under Section 5
shall knowingly keep or have in his possession any still, utensil, or
other apparatus for distilling or manufacturing liquors.
(ii) The owner and the occupier of any land or premises upon
which any still, utensil, or other apparatus for distilling or manu-
facturing liquors is found shall be deemed to kno\\ingly keep or
have in his possession the same until the contrary be proved.
7. No liquor shall in any State be removed from any distillery,
factory, or place of distillation or manufacture specified in a license
issued under Section 5 except in accordance with such rules as the
Resident of such State may, with the approval of the Chief Secretary,
from time to time make.
8. The holder of a license under Section 5 shall at all times permit
the Chief Officer of Excise and any officer of Government authorized
in that behalf in writing by the Resident of the State wherein the
licensed premises are situate to enter on the licensed premises and to
observe all processes of distillation and manufacture of liquors and
denaturing of spirits and to take for examination samples of any
materials used therein.
9. The Resident of a State may, with the approval of the Chief
Secretary, make for such State rules for the following purposes :
(a) To prescribe the form in which an application for a license
to distil or manufacture shall be made ;
{b) To prescribe the form in which such license shall be issued ;
(c) To prcscril)c the books and registers to be kept by the distiller
or manufacturer and the returns to be submitted by him ;
(r/) To regulate the hours during which distillation or manu-
facture may or may not take place and at which liquors
may be removed from the distillery, factory, or place of
distillation or manufacture ;
(e) To regulate the manner in which duty shall be paid and to
safeguard the revenue to be derived from the duty upon
liquors distilled or manufactured in licensed distilleries,
factories, or places of distillation or manufacture ;
(/) To regulate the erection, inspection, supervision, manage-
ment, and control of distilleries, factories, and places for
distillation or manufacture of liquors and the fittings,
implements, and apparatus to be maintained therein ;
EXCISE. /
(g) To prescribe what accommodation the distiller or manu-
facturer shall furnish free of cost for such officers of excise
as the Resident may deem to be necessary for the control
of the distillery or factory ;
(h) To prescribe the procedure to be observed when applications
are received to denature liquors in customs stores or
warehouses and to fix the fees to be charged in connection
therewith.
10. Nothing in this Enactment contained shall apply to any Exemptions.
distillation by a duly qualified medical practitioner or by a chemist
and druggist licensed under " The Deleterious Drugs Enactment,
1911/' which may be proved to be for genuine medicinal or scientific
purposes or to any distillation of essential oils.
STORAGE OF DUTIABLE LIQUORS.
11. The Resident of a State may, with the approval of the Chief PubUc ware-
Secretary, establish public warehouses wherein liquors may be de- °^^'
posited and kept Avithout pajmaent of excise duty and may prescribe
from time to time the amount to be paid as warehouse rent on any
liquor so deposited and may make rules to regulate the deposit,
custody, and removal of liquors in and from such warehouses.
12. (i) The Resident of a State may from time to time grant Licenses for
licenses for warehousing in such State, in places to be specified in the ^"®^°"^^-
licenses, locally manufactured liquors liable to excise duty.
(ii) It shall be at the discretion of the Resident to grant or refuse
such license, and any such license granted shall be for such period
and subject to such special conditions as the Resident may direct.
(iii) There shall be charged for such license an annual fee to be
determined by the Resident in each case.
13. No person shall store or keep or have in his possession or Dutiable liquors
control any liquor on which the excise duty, if any, has not been paid hous^ed'''^^
except in a public or licensed warehouse ; provided that it shall not
be an offence for any person licensed to distil or manufacture liquors
to have in his possession upon the licensed premises liquors distilled
or manufactured on such premises subject to such restrictions and in
accordance with such rules as the Resident of the State may, with
the approval of the Chief Secretary, from time to time make.
14. The Resident of a State may authorize the storage of imported storage of im-
liquors in a licensed warehouse, subject to such conditions and to Ei*Hcensed"°"
such fee as he may think fit to impose in each case. warehouses.
15. No liquors shall be deposited in, or removed from, a licensed Deposit and
warehouse, except in accordance with such rules as the Resident of u^ora.^°*
the State may, with the approval of the Chief Secretary, from time
to time make.
16. No liquors shall be removed from a licensed warehouse, except No removal oi
for export to a place without the Federated Malay States, untU after "uty has'beln
the duty, if any, thereon shall have been paid paW-
17o The Resident of a State may, with the approval of the Chief Power to make
Secretary, make rules for the following purposes : wi^hous^sf'^^'^
8
No. 6 OF 1915.
(a) To prescribe the form in and the conditions upon which
applications —
(1) for a Hcense for a warehouse for the storage of
liquors ;
(2) for the opening of a licensed warehouse for the
deposit of liquors therein ;
(3) for permission to remove liquors from a licensed
warehouse ;
shall be made and may be granted ;
(b) To prescribe the form in and the conditions upon which —
(1) licenses for warehouses for the storage of liquors ;
(2) permits to remove liquors from a licensed ware-
house ;
shall be issued and granted ;
(c) To prescribe the books and registers to be kept and the
returns to be submitted by the licensee of any warehouse ;
(d) To regulate the days and hours during which any licensed
warehouse may or may not be opened for the deposit or
removal of liquors.
E 11 of 1920.
Appointment
of Ijicensing
Boards.
Hetail sale to
be licensed.
Sale by wliole-
sale to be
licensed.
£.11 of 1920.
18.
SALE OF LIQUORS.
(i) The Resident of a State may establish a Licensing Board
for such State or Licensing Boards for such areas in such State as
he may deem fit.
(ii) Each Board shall consist of a Chairman and a Vice-Chairman
and not less than two or more than five other members, all of whom
shall be appointed by the Resident.
(iii) Except as provided by Section 21, no license for the sale of
any intoxicating liquor shall be issued or transferred except with the
approval of such Board.
19. (i) No person shall sell by retail or offer for sale by retail any
intoxicating liquors, whether for consumption on the premises or off
the premises of the vendor, except under and in accordance with a
license issued under this Enactment and in a place in such license
specified ; provided that the sale of beer for consumption elsewhere
than on the premises of the vendor shall not constitute an offence
under this section.
(ii) The delivery of intoxicating liquor in less quantities than six
gallons if not sold in bottles, or the reputed equivalent thereof if
sold in bottles, shall be taken in any proceeding under this Enact-
ment to be primd facie evidence of sale by retail and that money or
other consideration was given for the same.
19a. (i) No person shall sell by wholesale, or offer for sale hy
wholesale any intoxicating liquors except under and in accordance with
a license issued under this Enactment.
(ii) The delivery of intoxicating liquor in quantities of and exceeding
six gallons shall be taken in any proceeding under this Enactment to he
primd facie evidence of sale by wholesale and that money or other
consideration was given for the same.
EXCISE. 9
20. (i) The Licensing Board shall have authority to direct the Powers of
issue or transfer of licenses as follows : hi rSpecf of'*'^'^
(a) Retail-shoi) licenses, for the sale by retail of intoxicating '''^®'^^^^-
liquors, other than toddy or declared medicated wines, for e. ssofiais.
consumption elsewhere than on the premises or at the place
where they are sold ;
(6) Public-house licenses, for the sale by retail of intoxicating
liquors, other than toddy or declared medicated wines, for
consumption on the premises or at the place where they
are sold ;
(c) Toddy-shop licenses, for the sale by retail of toddy for
consumption either on or off the premises where it is sold ;
{d) Chemists' licenses, for the sale by retail of declared medicated
wines for consumption elsewhere than on the premises
or at the place where they are sold ; provided that
chemists' licenses shall be issued only to chemists and
druggists licensed under "The Deleterious Drugs Enact-
ment, 1911 " ;
(e) Wholesale dealers' licenses for the sale by wholesale of intoxi- e. h of 1920.
eating liquors.
and ho license issued under this section shall be transferable, except
with the consent of the Licensing Board and on pajmaent of the
prescribed fee.
(ii) The Licensing Board may, in their discretion, subject the issue
or transfer of any license under this section to such conditions, to be
endorsed on the license, as they may think fit to impose, or may
refuse the issue or transfer of any such license, or may suspend or
cancel any such license at any time.
(iii) Any person aggrieved by the issue, transfer, refusal, sus-
pension, or cancellation of a license under this section shall, if he so
desire, be heard in person by the Licensing Board.
20a. No action shall he brovght or maintained in any Court for the Action not
recovery of any sum of money being the price of t^r^pvtceS^^
(a) intoxicating liquor or toddy sold by the holder of a public-house credit.^"''^ °°
or toddy -shop license ; or e. 23ofi9i6
and
(6) intoxicating liquor or declared medicated wine sold at any one e ssotiois.
time by the holder of a retail-shop or chemist's license in any
quantity less than one dozen reputed quart bottles or two dozen
reputed pint bottles or two gallons when not sold in bottles ;
provided always that nothing in this section contained shall extend to
prevent any innkeeper from keeping an account with a lodger in ivhich
any charge for liquor may be included and recovering the amount
thereof in a Court.
21. (i) The Resident of a State may after consultation with the Exclusive right
Licensing Board from time to time by deed grant to and vest in underuie^e^.^
any person the exclusive right, subject to the limitations in this
Enactment contained, of selling toddy by retail under license for
any period, with or without special conditions, within such State or
within such districts or localities thereof as may in the said deed be
10
No. 6 OF 1915.
Power to enter
and take
samples.
E. 23 of 1916.
Possession of
certain kinds of
toddy
prohibited.
E. 23 of 1916.
Licensee to
render account
of stock, to per-
mit inspection,
and to exliibit
license.
Licensee not to
keep dutiable
liquors on
premises.
specified and after sale, either public or private, of such right ;
provided that no person in whom such right is vested shall be
entitled to the issue of any toddy-shop license otherwise than to
himself or to such person nominated by him as the Resident of the
State may approve or otherwise than for such house, shop, or other
place as the Resident of the State may approve.
(ii) A toddy-shop license issued to any person in whom such right
as aforesaid is vested shall be subject to the provisions of this
Enactment and of all rules from time to time in force thereunder
relating to toddy-shop licenses and toddy-shops ; provided that in
any place in respect whereof such right as aforesaid is vested in any
person the functions assigned by Sections 18 (iii) and 20 and by rules
under this Enactment to the Licensing Board in respect of toddy
shop licenses shall appertain not to the Licensing Board but to the
Resident of the State ; and provided further that the issue of a
toddy-shop license shall not be refused in breach of any such right
as aforesaid nor shall a toddy-shop license be suspended or cancelled
in breach of such right.
(iii) The Resident of a State may from time to time by notification
in the Gazette delegate to any officer all or any of the functions
assigned by this section to a Resident.
21a. Any memher of a Licensing Board for any area being within
such area or the proper officer of excise may at all reasonable times enter
into and inspect any place where, or stop and examine any vehicle in
ivhich, there is any toddy which he has reasonable ground for believing
to be intended for sale and may take samples of such toddy on pay-
ment or tender to the person in possession of the same or to his servant
or agent of the sum of ten cents for every reputed quart of toddy so taken.
21b. (i) No person to whom a toddy-shop license has been issued or
transferred under the provisions of this Enactment shall have in his
possession any toddy which contains more than ten per centum of
alcohol by volume or which has an acidity exceeding 0'8 per centum
expressed in terms of acetic acid.
(ii) Any person who contravenes any of the provisions of the pre-
ceding sub-section shall be deemed to commit an offence and shall on
conviction be liable to a fine which shall not be less than fifty dollars nor
more than five hundred dollars.
22. Every person licensed under Section 20 or Section 21 shall —
(i) on demand by the proper officer of excise render an account
in writing of the quantity and description of intoxicating
liquors in his possession, custody, or control ;
(ii) permit the proper officer of excise to enter the premises in
which such liquors are stored at any time between the
hours of six in the morning and six in the evening and
inspect the same ;
(iii) exhibit liis license at all times in a conspicuous place upon
the licensed premises.
23. No person licensed under Section 20 or Section 21 shall store
or keep on his licensed i)remises any liquor upon which the duty
has not been paid, and in the absence of proof to the contrary any
EXCISE. 11
liquors upon which the duty has not been paid found on such
premises shall be presumed to be stored or kept by such licensee.
24. No person except a person holding a license to sell by retail unlicensed
intoxicating liquors for consumption on the premises shall exhibit exwwt 3?gn*!°
or keep up any sign, writing, painting, or other mark which may
imply or give reasonable cause to beheve that his premises are so
liconsGci
IMPORTATION OF TOBACCO.
25. (i) No person shall import tobacco into the Federated Malay importation of
States otherwise than through the Post Office except under and in nJensed.*" ^^
accordance with a license issued under this Enactment. e. 22 of I9i5.
(ii) In proceedings against any person charged with importing
tobacco without license the burdeti of proof that tobacco imported by
such person was duly authorized by license under this Enactment to be
imported shall be upon such person.
26. (i) Licenses to import tobacco into the Federated Malay States issue and
m,ay be issued in each State or within any area of a State by such officer uc^^^^.**^
as the Resident of such State may appoint in that behalf. e. 22 of 1915.
(ii) Whenever in any administrative district or part of an adminis-
trative district no officer is for the time being empowered under sub-
section (i) to issue liceiises to import tobacco, such licenses may be issued
by the District Officer.
(iii) No license to import tobacco shall be transferable except with
the consent of an officer empowered to issue such licenses, and no such
license shall be issued or transferred until the prescribed fee shall
have been paid.
27. (i) Any officer empowered to issue licenses to import tobacco Powers of
into the Federated Malay States may, in his discretion, refuse to officeref
issue, or to consent to the transfer of, any such license and may suspend ^- 22 of 1915.
or cancel any such license the holder whereof shall have been convicted
of a breach of any written law relating to the importation of tobacco
into the Federated Malay States.
(ii) Any person aggrieved by the issue, transfer, refusal, suspension,
or cancellation of a license under this section may appeal to tJie Besident
of the State, whose decision shall be final.
28. (i) Every person licensed under Section 26 to import tobacco Licensee to
shall on demand by the proper officer of excise render an account To''permit°'^^'
in writing, extending over such period as the proper officer of excise inspection, and
may require, of the quantity and description of tobacco imported lice^nse". '
by him and of the quantity and description sold or otherwise e. 22 of 1915.
disposed of.
(ii) Every person licensed under Section 26 shall
(a) permit the proper officer of excise to enter, at any time
between the hours of six in the morning and six in the
evening,the premises wherein any tobacco in the possession,
custody, or control of such licensee is stored and to inspect
the same ;
(6) produce for the inspection of the proper officer of excise all
books of account kept by him in connection with the
licensed business.
12
No. 6 OF 1915.
Licensee not to
keep tobacco on
which duty
unpaid.
E. 22 of 1915.
Power to make
rules to regulate
issue of licenses
by Licensing
Boards.
E. 22 of 1915.
E. 2lof 191G.
E. 23 of 1916.
29. Noperson licensed under Section 26 shall have in his possession
any tobacco upon which any import duty payable has not been paid.
RULES RELATING TO LICENSES.
30. The Resident of a State may, -with the approval of the Chief
Secretary, make rules for the following purposes :
(a) To regulate the proceedings of Licensing Boards and of officers
empoivered to use licenses to import tobacco under this
Enactment and the issue of licenses by their authority ;
ih) To prescribe the form in which applications for such licenses
shall be made and in which such licenses shaU be issued ;
(c) To fix the fees which shall be charged for the issue or transfer
of such licenses and the periods for which such licenses
may be issued ;
{d) To prohibit sales except for cash ;
(e) To prohibit the admixture with any intoxicating liquors of
any substance deemed to be noxious or objectionable ;
(/) To prohibit drunkenness or disorderly conduct in or near
any licensed premises and the meeting or remaining of
persons of bad character in such premises ;
{()) To prescribe the days and hours during which any licensed
premises may or may not be kept open and to provide for
the closing of such premises on special occasions ;
[h) To prescribe the nature of the premises in which any
intoxicating liquors may be sold and the notices to be
exposed at such premises ;
(?•) To prescribe the books and accounts to be kept and the
returns to be submitted by license holders and the form
thereof, and to provide for the inspection of such books and
accounts. '
(j) to secure the cleanliness and freedom from contamination of
toddy in the course of its drawing, storage, carriage, exposure
for sale, or delivery upon sale and to secure the cleanliness of
places, receptacles, appliances, and vehicles used in such
drawing, storage, carriage, exposure for sale, or delivery upon
sale ; and
(k) to prescribe fines not exceeding five htmdred dollars for the
breach of any ride made under this section and to prescribe
a minimum penalty, which in no case shall exceed a fine of
fifty dollars, for the breach of any such rule.
Forfeiture of
liciuore packed
to deceive excise
ofTicen.
PENALTIES, FORFEITURES, GENERAL.
31. If any liquors distilled or manufactured within the Federated
Malay States shall be found packed in any manner calculated to
deceive the ofhcers of excise so that a proper account of such liquors
might not be taken, the same shall be forfeited together with every-
thing packed therewith.
EXCISE. 13
32. (i) All liquors and tobacco in respect of which there may Forfeiture of
have been committed any offence against this or an}^ other written ^ect^oTan'^off^nce
law relating to the excise or any breach of the restrictions or con- or used in
ditions subject to or upon which any license or permit has been an^fffncef °^
granted, together with any still, utensil, or other apparatus, or any
receptacle, package, or conveyance in which the same may have been
found or which may have been used in connection \vith such offence
or breach, may be seized, and all such liquors, tobacco, and other
articles so seized or which may be found without any apparent
owner and for which no claim may be made within one month shall
be forfeited.
(ii) All such liquors, tobacco and other articles, and all persons
liable to be detained for any offence under this or any other written
law relating to the excise, may be seized or detained in any place,
either on land or water, by any officer of excise, officer of customs, or
police officer, and all liquors, tobacco, and other articles so seized
shall, as soon as conveniently may be, be delivered into the care of
the proper officer of excise appointed to receive the same.
(iii) Whenever any such liquors, tobacco, or other articles shall be
seized, the seizing oiffcer, if not an officer of excise or a police officer
not below the rank of Inspector, shall forthwith inform an officer of
excise who shall forthwith give notice in writing of such seizure and
of the grounds thereof to the owner, if known, either by delivering
the same to him personally or by letter addressed to him at his place
of abode, if known, and transmitted by post ; if the seizing officer be
an officer of excise or a police officer not below the rank of Inspector,
such officer shall himself give the notice hereinbefore prescribed ;
provided that such notice shall not be required in any case where the
seizure is made in the presence of the offender.
33. (i) Any officer of excise or officer of customs or police officer powers of
may arrest without warrant arrest.
(a) any person found committing or attempting to commit or
employing or aiding any person to commit an offence
against this Enactment ;
(6) any person whom he may reasonably suspect to have in his
possession any liquors, tobacco, or other article liable to
forfeiture under this Enactment.
(ii) Every person so arrested shall, together with any article as to
which an offence may have been committed or attempted to be
committed, be taken to a police station.
34. Any officer of excise or officer of customs or police officer may, power of officers
upon reasonable suspicion or probable cause, stop and examine any ggOTcifcMvey-
conveyance to ascertain whether any liquors, tobacco, or other ances.
articles liable to seizure are contained therein, and any person in e. 22ofi9i5.
control of such conveyance refusing to allow such examination shall
on conviction be punished by a fine of not less than twenty-five or
more than five hundred dollars,
35. The Resident of a State may, by an order made by him for power of
that purpose, direct any still, utensil, or other apparatus or any j^store°orfeited
receptacle, package, or conveyance or any liquors or tobacco seized articles.
under this or any other written law relating to the excise to be
14
No. 6 OF 1915.
Penalty for
evading
provisions of
Enactment.
Penalty for
asf^aulting or
obstructing
oflBcers.
E. 22 of 1916.
delivered to the proprietor thereof upon such terms and conditions
as he may see fit.
36. Every person who
(a) shall contrary to the provisions of this Enactment receive
into or have in his possession, custody, or control any
liquors on which the excise duty leviable by law shall not
be proved to have been paid or which have been illegally
made or prepared, or
(6) shall assist or be otherwise concerned in the illegal removal
or withdrawal of any liquors from any distillery, factory,
or place for distilling or manufacturing liquor or from
any licensed warehouse or place of security in which
liquors may have been deposited, or
(c) shall knowingly harbour, keep or conceal or permit, suffer,
cause or procure to be harboured, kej^t or concealed any
liquors on which the excise duty shall not have been paid
or any liquors illegally removed or to whose hands or
possession any such liquors shall knowingly come, or
(d) shall be in any way knowingly concerned in convepng,
removing, depositing, concealing, or in any manner deahng
with any such liquors with intent to defraud the Govern-
ment of the Federated Malay States of any excise duty
thereon or to evade any prohibition or restriction of or
applicable to such liquors, or
(e) shall be in any way knowingly concerned in any fraudulent
evasion or attempt at evasion of any excise duty,
shall in each and every of the foregoing cases be on conviction
punished with a fine which shall not be less than three times the
value of the liquor and the duty and which may extend to three
thousand dollars.
37. Every person who
(«) shall assault or obstruct any officer of excise or other public
servant or any person acting in aid of him or them or duly
employed for the prevention of evasion of excise duty or of
illicit manufacture or sale of liquors * * * in the execution
of his or their duty or in the due seizing of any liquors or
tobacco liable to forfeiture under this or any other written
law relating to the excise, or
(6) shall rescue or endeavour to rescue or cause to be rescued
any liquors or tobacco which have been duly seized, or
(c) shall before or after seizure stave, break, or othe^^vise destroy
any cask, bottle, jar, case, or other package to prevent the
seizure thereof or the securing of the same,
sliall, on conviction of any of the said offences, for the first offence be
punished by imprisonment of either description for a term not
exceeding nine months or by fine not exceeding one thousand dollars
or by both imprisonment and fine and for every subsequent offence
be punished by imprisonment of either description for a term not
exceeding eighteen months and be also liable to a fine not exceeding
two thousand dollars.
EXCISE. 15
38. Every omission or neglect to comply with, and every act done Penalty for
or attempted to be done contrary to, the provisions of this Enact- lthe^^e°^
ment or of any rule duly made thereunder or in breach of the provided for.
restrictions and conditions subject to or upon which any license
or permit shall have been issued under this Enactment shall be
deemed to be an offence against this Enactment, and for every such
offence, not otherwise especially provided for, the offender shall, in
addition to the forfeiture of any articles seized, be liable on convic-
tion for every first offence to a fine not exceeding five hundred
dollars and for every subsequent offence to imprisonment of either
description for a term not exceeding twelve months or to a fine not
exceeding one thousand dollars or to both imprisonment and fine.
39. Everv person who shall under the provisions of this Enact- Penalty for
ment dehver any application or supply any particulars, return, retumf
account,or other ^vritten statement required by this Enactment or by
any rule duly made thereunder shall, if such application, particulars,
return, account, or written statement be false or incorrect either in
whole or in part to the knowledge of the person so making, dehver-
ing, or suppljdng the same, whether the same be signed by him or
not, be liable for the first offence to imprisonment of either description
for any term not exceeding three months or to a fine not exceeding
one thousand dollars or to both imprisonment and fine and for
every subsequent offence to imprisonment of either description for
any term not exceeding twelve months or to a fine not exceeding
two thousand dollars or to both imprisonment and fine.
39a. (i) In any 'prosecution for breach of a provision of this Etiact- Analyst's
ment or of any rule thereunder a certificate of analysis purporting to be ^imdfacie"
under the hand of an Analyst shall, on production thereof by the evidence.
prosecutor, be sufficient evidence of the facts stated therein unless the ^•24ofi9i7.
defendant 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.
(iv) Analysts are by this Enactment bound to state the truth in
certificates of analysis under their hands.
(v) In this section the word " Analyst " includes 07ily
(a) the persons employed for the time being as Chemist or Assistant
Chemist at the Government Institute for Medical Research,
and
(&) any other Analyst to whom this section may be declared by
the Chief Secretary to Government, by notification in the
Gazette, to apply.
40. The Resident of a State may offer such rewards as he may see Rewards.
fit to any officer or other person by whose means any pecuniary
16
No. 6 OF 1915.
penalty is recovered under this Enactment and may order to be paid
in respect of any seizure made under this or any other wTitten law
relating to the excise to the person or persons making the same such
reward as he may see fit.
Power of iicens- 41. (i) The authority granting any license, permit, or pass under
i^pTnd or *^^ ^ ^^^^ Enactment may suspend or cancel it —
(a) if any duty or fee payable by the holder thereof be not duly
paid ; or
(&) in the event of any breach by the holder of such license,
permit, or pass, or by his servants or by anyone acting
with his expressed or implied permission on his behalf,
or any of the terms or conditions of such license, permit,
or pass ; or
(c) if the holder thereof is convicted of any offence under this
Enactment or any other law for the time being in force
relating to revenue or of any cognizable and non-bailable
E. 38 of 1918. offence, or is punished for any offence referred to in Section
31 of " The Customs Regulations Enactments, 1907."
(ii) When a license, permit, or pass held by any person is cancelled
under sub-section (i) , the licensing authority may cancel any other
licence, permit, or pass granted to such person under this Enactment
or under any other written law for the time being in force relating to
the excise or under " The Opium and Chandu Enactment, 1910."
(iii) The holder shall not be entitled to any compensation for
the cancellation or suspension of his license, permit, or pass under
this section nor to refund of any fee paid or deposit made in respect
thereof.
Licensees may 42. The licensing authority may require, as a condition precedent
enteXto*^*** to the issue of any license, that the applicant shall enter into
recognizances, rccognizauces with such security as may be thought fit for the due
observance of the conditions of the license.
43. In the case of the death or bankruptcy of. any licensee the
licensing authority may by endorsement on the license authorize
any other person to exercise the rights conferred by the license until
the expiration of the term for which it was originally granted, or for
any shorter period, subject to all the conditions originally imposed
by such license and to such further conditions as the licensing
authority may deem fit to impose.
44. The Resident of a State may, with the approval of the Chief
Secretary, make for such State rules, not inconsistent with this
Enactment, to regulate the conduct of all matters relating to the
collection of excise duties and the powers and duties to be exercised
and performed by officers of excise and generally for the purpose of
giving effect to the provisions of this Enactment.
45. Nothing in this Enactment contained shall be deemed to
prevent the prosecution, conviction and punishment of any person
according to the provisions of any other law for the time being in
force in the Federated Malay States ; but so that no person shall be
punished more than once for the same offence.
Provisions in
case of death or
bankruptcy of
licensee.
Power to make
rules.
Convictions
under other
laws.
EXCISE.
17
46. A conviction for any offence under this Enactment may be had Jurisdiction.
before the Court of a Magistrate of the First Class and such Court
shall have jurisdiction to impose any penalty provided by this
Enactment.
PROTECTION OF OFFICERS.
47. (i) No action shall be brought against any person for Provisions as to
anjrthing 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 ;
(&) after the expiration of three months from the date of the
accrual of the cause of action ;
(c) after tender of sufficient amends.
(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 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 the action.
Schedule,
ENACTMENTS REPEALED.
State.
No. and
year.
Perak
8 of 1908
Selangor
8 of 1908
Negri Sembilan
8 of 1908
Pahang
1 of 1909
Federal
18 of 1912
Short title.
The Excise Enactment, 1908
Do.
Do.
The Excise Enactment, 1909
The Excise Enactments Amendment
Enactment, 1912
in-
ENACTMENT NO. 8 OF 1915.
An Enactment to provide for extending to the Federated
Malay States the operation of the Army Act.
Short title and
commence-
ment.
Order for
extension of
Army Act to
the Federated
Malay States.
Effect of order.
Order for
ceaantlon of
operation of
Army Act.
Arthur Young,
President of the Federal Council.
[1st June, 1915.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Army Act Enactment,
1915," and shall come into force on the publication thereof in the
Gazette.
2. The High Commissioner may by order under his hand pub-
lished in the Gazette direct that the operation of the Act of the
Imperial Parliament 44 and 45 Victoria, chapter 58, shortly cited
as the Army Act, be extended to the Federated Malay States on
and after such date as may be specified in that behalf in such order.
3. (i) When an order has been duly published under Section 2,
the said Act of the Imperial Parliament together with all amend-
ments thereof in force for the time being (which Act and amendments
are hereinafter referred to as the Army Act) shall, subject to the
provisions of sub-sections (ii) and (iii), have effect within the
Federated Malay States on and after the date specified in such
order in the manner in the said Act prescribed for the application
thereof to a British Protectorate.
(ii) The Army Act shall be read subject to the exceptions and
modifications described in the schedule hereto and to such other
exceptions and modifications (if any) as the High Commissioner
may from time to time prescribe by order under his hand published
in the Gazette ; any such order may extend to rescission or alteration
of any of the exceptions and modifications described in the said
schedule or prescribed under this sub-section.
(iii) In matters not regulated by the schedule hereto or by any
order published under sub-section (ii) the Army Act shall be read
with such formal alterations as to names, localities, Courts, offices,
persons, moneys, penalties, and otherwise as may be necessary to
make the same applicable to the circumstances of the Federated
Malay States.
4. (i) At any time when the Army Act shall be in force in the
Federated Malay States by virtue of this Enactment the High
Commissioner may by order under his hand pu])lished in the Gazette
direct that the said Act shall on and after such date as may be
specified in that })chalf in such order cease to have effect within
the Federated Malay States.
18
AKMY ACT. 19
(ii) When an order has been duly published under this section,
the Army Act shall cease to have effect within the Federated Malay
States on and after the date specified in that behalf in such order,
until a further order be published under Section 2 ; provided that
such cessation shall not affect
(a) the past operation of, or anything duly done or suffered
under, the Army Act ;
(&) any offence committed, any right, liberty, or penalty acquired
or incurred under the Army Act ;
(c) any action, proceeding, or thing pending or incompleted at
the time when the Army Act ceases to have effect ; but
every such action, proceeding, or thing may be carried on
and completed as if there had been no such cessation.
5. Any declaration made by the High Commissioner under Declaration
Section 189 of the Army Act shall be deemed to apply to every Jgg "f i^y'
military force raised in the Federated Malay States, and for the Act.
purposes of such declaration the Federated Malay States shall be
deemed to be within the dominions of His Britannic Majesty.
Schedule.
(1) In the construction of the Army Act all mihtary forces
engaged to serve or serving the Government in the Federated Malay
States shall be deemed to be included in His Majesty's forces and
such service shall be deemed to be His Majesty's service.
(2) The officer commanding the troops in the Colony shall be
deemed to be the officer commanding the forces in the Federated
Malay States.
(3) When a person who is by virtue of this Enactment subject
to military law is convicted by a court martial and sentenced to
penal servitude, such conviction and sentence shall be of the same
effect as if such person had been convicted of an offence punishable
by penal servitude and sentenced to penal servitude by a competent
Civil Court, and all written laws relating to a person sentenced to
penal servitude by a competent Civil Court shall, so far as circum-
stances admit, apply accordingly.
(4) The following provisions of the Army Act shall not have
effect in the Federated Malay States by virtue of this Enactment :
Sections 13, 30, 31, 32, 33, 34, 42, 43, 58, 59, 60, 61, 62, 64, 66,
76 to 121 inclusive, 127, 131 (2), 134, 136 to 147 inclusive,
155, 166, 167, 173, 174, 174a, 178, 179, 180, 181, 182, 183,
185, 186, 187, and the First, Second, and Third Schedules.
Short title,
commence-
ment, and
repeal.
Interpretation.
-ENACTMENT NO. 12 OF 1915.
An Enactment to repeal and re-enact with amendments
the " Lunacy Enactments, 1898," being the law to
regulate proceedings in Lunacy and to provide for
the reception and detention of Lunatics in Asylums.
Arthur Young,
President of the Federal Council.
[2nd December, 1915.
31st December, 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 Lunacy Enact-
ment, 1915," and shall come into force on 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 ; provided that all
orders, decisions, directions, appointments, and rules given or made,
all asylums established and licenses granted under any Enactment
hereby repealed which were in force and subsisting immediately
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 given, made, established, and granted under this
Enactment.
2. In Part I, unless there be something repugnant in the subject
or context, " the Court" means the Court of a Judicial Commis-
sioner ; '■ Liniatic " means anj'' person found by due course of law
to be of unsound mind and incapable of managing himself and his
affairs ; and " Registrar " includes Assistant Registrar and Deputy
Registrar.
In Part II, unless there be something repugnant in the subject
or context, " Lunatic" means ever}^ person of unsound mind and
every person being an idiot ; and " Medical Officer ' means a duly
qualified Medical Practitioner in the service of the Government.
Court may
order enquiry.
PART I.
PROVISIONS REGULATING PROCEEDINGS IN LUNACY.
3. (i) The Court may, on such application as is hereinafter
mentioned, make an order directing an enquiry whether an 3^ person
subject to the jurisdiction of the Court who is alleged to be lunatic
is or is not of unsound mind and incapable of managing himself
and his affairs.
20
LUNACY. 21
(ii) Such order may also contain directions for enquiries concern-
ing the nature of the property belonging to the alleged lunatic, the
persons who are his relatives or next of kin, the time during which
he has been of unsound mind, or such other questions as to the
Court shall seem proper.
4. Application for such enquiry may be made by any person Application by
related by blood or marriage to the alleged lunatic, or by any "'■^oni J^^^de.
public officer nominated, by the Resident of the State wherein the
application is to be made, for the purpose of making the application.
5. (i) Reasonable notice of the time and place appointed for the Provisions as to
enquiry shall be given to the alleged lunatic. enquir^.*
(ii) If it shall appear that the alleged lunatic is in such a state
that personal service on him would be ineffectual, the Court may
direct such substituted service of the notice as it shall think proper.
(iii) The Court may also, if it think fit, direct a copy of such
notice to be served uj)on any person related by blood or marriage
to the alleged lunatic.
6. At any time after the application for the enquiry the Court Power to
may require the alleged lunatic to attend at such convenient time fun^j^^ alleged
and place, Avithin ten miles of the place of residence of the said
alleged lunatic, as the Court may appoint, for the jjurpose of being
personally examined by the Court or by any person from whom the
Court may desire to have a report of the mental capacity and
condition of the said alleged lunatic, and the Court may also make
an order authorizing any person or persons named therein to have
access to the said alleged lunatic for the purpose of a personal
examination.
7. On the day fixed for the enquiry, after receiving such reports Questions to be
and hearing such evidence and arguments as it may think fit, the court!^^^
Court shall decide whether the person who is alleged to be lunatic
is or is not of unsound mind and incapable of managing himself
and his affairs and shall also decide any other questions as to
which an enquiry has been directed.
8. The Court may make such order as may appear just respecting order as to
the costs of the enquirj^ and may include therein such remuneration ^°^^^'
to physicians and surgeons as the Court shall deem reasonable ;
provided that no order for the payment of costs shall be made
against the Resident of a State or against any public officer
nominated by a Resident under the provisions of Section 4.
9. If the Court shall decide that the person who is alleged to be Appointment of
lunatic is of unsound mind and incapable of managing himself and <=°™™>tte«s.
his affairs, the Court may, if it shall think fit, apjioint a committee
or committees of the person and estate of the lunatic and may
make such order, if any, as to the remuneration of the committee
or committees out of the lunatic's estate, and as to the giving of
security by the committee or committees, as to the Court may
seem fit.
10. The Court may on the ajDpointment of a committee or Powers of
committees of the person and estate of a lunatic direct by the order wt^T^tat"!
of appointment or by any subsequent order that the person to
22
No. 12 or 1915.
Power of
Registrar
to receive
proposal.
Registrar to
report to Court.
What relative
may attend
proceedings.
Orders may be
made oa
petition.
Dealings with
lanatic'3
property for
certain pur-
poses.
whom the charge of the estate is committed shall have such powers
for the management thereof as to the Court shall seem necessary
and proper, reference being had to the nature of the property,
whether movable or immovable, of which the estate may consist.
But such powers shall not extend to the sale or charge of the
estate or any part thereof or to the letting of any immovable
property, unless for a term not exceeding three years.
11. The Registrar of the Court shall be at libert}^ without an
order of reference to receive any proposal and conduct any enquiry
respecting the management of the estate of a lunatic if such proposal
relate to any matter which the committee of the estate has not
been empowered by an order under the last preceding section to
dispose of. The Registrar may likewise without reference receive
and enquire into any proposal relating to the sale or charge of the
estate or of any part thereof or to the letting of any immovable
property for a term exceeding three years.
13. The Registrar shall report to the Court on the proposal and
the Court shall, subject to the provisions of this Enactment, make
such order upon the report and resj)ecting the costs as shall under
the circumstances seem just.
13. The Court shall once in the matter of each lunacy, and may
afterwards from time to time, determine whether any one or more
and, if any, how many and which of the relatives or next of kin
shall attend before the Registrar at the cost of the estate in any
proceeding connected with the management thereof and, if any such
relative or next of kin is an infant, may from time to time appoint
a fit person to be his guardian for the purposes of the lunacy.
14. The Court may, on application made to it by petition con-
cerning any matter whatsoever connected with the lunacy, make
such order, subject to the provisions of this Enactment, respecting
the application and the costs thereof and of the consequent pro-
ceedings as shall under the circumstances seem just.
15. The Court may, if it appears to be just or for the lunatic's
benefit, order that any property, movable or immovable, of the
lunatic, and whether in possession, re version, remainder, contingency,
or expectancy, be sold, charged, or otherwise disposed of as may
seem most expedient for the purpose of raising money to be applied
for any of the following purposes :
(a) the payment of the lunatic's debts, including any debt
incurred for his maintenance or otherwise for his benefit ;
{h) the discharge of any encumbrance on his estate ;
(c) the pa^'ment of or provision for the expenses of his future
maintenance and the maintenance of his family, including
the expenses of his removal to Europe, India, China, or
elsewhere, when he shall be so removed, and all expenses
incidental thereto ;
(d) the ])ayment of the costs of any enquiry under this Enact-
ment and of any costs incurred by order or under the
authority of the Court.
LUNACY. . 23
16. The committee of the lunatic's estate shall in the name and oommitteeto
on behalf of the lunatic execute all such conveyances and instruments fns^truments
of transfer or charge relative to any sale, charge, or other disposition
of his estate as the Court shall order. In like manner, such com-
mittee shall under the order of the Court exercise all powers what-
soever vested in a lunatic, whether the same are vested in him for
his own benefit or in the character of trustee or guardian.
17. Where a person having contracted to sell or otherwise dispose Performance of
of his estate or any j)art thereof afterwards becomes lunatic, the *^'>°*''^^'=*-
Court may, if the contract is such as the Court thinks ought to
be performed, direct the committee of the estate to execute such
conveyances and to do such acts in fulfilment of the contract as it
shall think proper.
18. If a member of a partnership firm be found lunatic, the partner found
Court may, on the application of the other partners or of any '"ii3,tic.
person who appears to the Court to be entitled to require the same,
dissolve the partnership ; and thereupon, or upon a dissolution
by decree of Court or otherwise by due course of law, the committee
of the estate may in the name and on behalf of the lunatic join with
the other partners in disposing of the partnership property upon
such terms and shall do all such acts for carrying into effect the
dissolution of the partnership as the Court shall think proper.
19. Where a lunatic has been engaged in business the Court may, Disposal of
if it appear to be for the lunatic's benefit that the business premises p^^^^^
should be disposed of, order the committee of the estate to sell and
dispose of the same, and the moneys arising from such sale shall be
applied in such manner as the Court shall direct.
20. Where a lunatic is entitled to a lease or under-lease and it committee may
appears to be for the benefit of his estate that it should be disposed *^'®p°®® °^ ^®*^^-
of, the committee of the estate may by order of the Court surrender,
assign, or othermse dispose of the same to such person for such
valuable or nominal consideration and upon such terms as the
Court sliall think fit.
21. Where any stock or Government or municipal securities or Transfer of
any shares in a company (transferable within the Federated Malay ^*°°'' "^ ^^^uc.
States or the dividends of which are payable there) are standing in
the name of, or are vested in, a lunatic beneficially entitled thereto
or a committee of the estate of a lunatic or a trustee for him, and
the committee or trustee dies intestate or himself becomes lunatic
or is out of the jurisdiction of the Court, or it is uncertain whether
the committee or trustee be living or dead, or he neglects or refuses
to transfer the stock, securities, or shares or to receive and pay the
dividends to a new committee or trustee or as he directs within
fourteen days after being required by him to do so, then the Court
may order some fit person to make such transfer or to transfer the
same and to receive and pay over the dividends in such manner as
the Court may direct, and such transfer or payment shall be valid
and effectual for all purposes.
22. Where any property situate in the Federated Malay States is Transfer of
standmg in the name of or vested in any person residing out of the ^u°^ti?^efiding
Federated Malay States, the Court, upon being satisfied that such °'^^°^*^'^^
24
No. 12 OF 1915.
Power to order
maintenance
without
appointing
committee.
Temporary
provision for
maintenance of
lunatic.
Annulling
proceedings in
lunacy.
Establishment
of lunmtic
aejluma.
Manaj^emrnt of
Innatio
asyluma.
person has been declared of unsound mind and that his personal
estate has been vested in a committee, curator, or manager according
to the laws of the place where he is residing, may order some fit
person to make such transfer of the property, or of any part thereof,
to such committee, curator, or manager or otherwise, and also to
receive and pay over any proceeds or profits thereof as the Court
may think fit ; and any act done in pursuance of such order shall
be valid and effectual for all purposes.
23. If it appears to the Court, having regard to the situation and
condition in life of the lunatic and his family and the other circum-
stances of the case, to be expedient that his property should be
made available for his or their maintenance in a direct and inex-
IDensive manner, it may, instead of appointing a committee of the
estate, order that the property, if money, or if of any other descrip-
tion the produce thereof when realized, be paid to such person as
the Court may think fit to be applied for the purpose aforesaid,
and all payments so made shall be a good discharge to the person
making the same.
24. If it appears to the Court that the unsoundness of mind of a
lunatic is in its nature temporary and that it is expedient to make
temporary provision for his maintenance or for the maintenance of
his family, the Court may in like manner as under the last preceding
section direct his property or a sufficient part of it to be applied
for the purpose aforesaid.
25. When any person has been found of unsound mind and it
shall be shown to the Court, either on the application of such
person or of any other person acting on his behalf or on the informa-
tion of any other person, that there is reason to believe that such
unsoundness of mind has ceased, the Court may make an order for
enquiry whether such person is or is not still of unsound mind and
incapable of managing himself and his affairs. The enquiry shall
be conducted in the same manner and subject to the same rules as
are hereinbefore prescribed for an enquiry into the unsoundness
of mind of an alleged lunatic ; and if it be found that the unsound-
ness of mind has ceased, the Court shall order all proceedings in
the matter of the lunacy to cease or to be set aside on such terms
and conditions as under the circumstances of the case shall apjaear
proper.
PART II.
PROVISIONS FOR THE RECEPTION AND DETENTION OF
LUNATICS IN ASYLUMS.
26. The Resident of any State may establish in such State
asylums for the reception and detention of lunatics at such places
as may be deemed proper. He may also if he think fit grant licenses
to any private persons for the estabhshmcnt of such asylums and
may withdraw such licenses.
27. (i) The management of every lunatic asylum and the care
and the custody of its inmates shall be regulated according to
such rules as shall from time to time be made under this Enactment
by the Resident of the State wherein such asylum is situated.
LUNACY. 25
(ii) The Resident of each State shall appoint for every asylum in
such State not less than three visitors, one of whom at least shall
be a Medical Officer.
28. Two or more of the visitors, one of whom shall be a Medical Monthly inspec-
Officer, shall once at least in every month together inspect every *'°^ ^^ visitors.
part of the asylum or asylums of which they are visitors and see
and examine, as far as circumstances will permit, every lunatic
therein and the order and certificate for the admission of every
lunatic admitted since the last visitation of the visitors and shall
enter in a book to be kept for that purpose any remarks which they
may deem proper in regard to the management and condition of
the asylum and the lunatics therein.
29. It shall be the dut}^ of every Police Officer not below the rank Apprehension
of Inspector to apprehend all persons found wandering at large who hmlfksr""^
are deemed to be lunatics and all persons believed to be dangerous
by reason of lunacy and to report to a Magistrate the fact of the
apprehension of any such person. Every person so apprehended
may be detained by order of a Magistrate for purposes of
examination and shall be examined by a Magistrate with the assist-
ance of a Medical Officer ; and if the Medical Officer shall sign a
certificate in the form A in the second schedule and the Magistrate
shall be satisfied on personal examination or other proof that such
person is a lunatic and a proper person to be detained under care
and treatment, he shall make an order for such lunatic to be received
into the Central Lunatic Asylum at Tanjong Rambutan in the
State of Perak or into such other pubHc asylum in the Federated
Malay States as he may think fit and shall send the limatic in
suitable custody to the asylum mentioned in such order. Provided
that if any friend or relative of any lunatic who is believed to be
dangerous shall undertake in writing to the satisfaction of the
Magistrate that such lunatic shall be properly taken care of and
shall be prevented from doing injury to himself or others, the
Magistrate instead of sending him to an asylum may make him over
to the care of such friend or relative. Provided also that if any
such friend or relative shall desire that the lunatic may be sent to
a licensed asylum instead of a public asylum and shall engage in
writing to the satisfaction of the Magistrate to pay the expenses
which may be incurred for the lodging, maintenance, medicine,
clothing, and care of the lunatic in such licensed asylum, the Magis-
trate may send the lunatic to the licensed asylum mentioned in the
engagement.
30. (i) If it shall appear to a Magistrate on the report of a Police Provision in
Officer or the information of any other person that any person treatment or
within the limits of such Magistrate's jurisdiction deemed to be a fu=atic.°^
lunatic is not under proper care and control or is cruelly treated
or neglected by any relative or other person having the charge of
him, the Magistrate may send for the supposed lunatic and summon
such relative or other person as has or ought to have the charge
of him ; and if such relative or other person be legally bound to
maintain the supposed lunatic, the Magistrate may make an order
for such lunatic to be properly cared for and treated, and if such
relative or other person shall wilfully neglect to comply with the
26
No. 12 OF 1915.
Admission of
accused persons
for observation.
Order for
reception into
asylums.
Order o(
discharge.
said order may sentence him to imprisonment of either descrip-
tion for any period not exceeding one month. If there be no person
legally bound to maintain the supposed lunatic, or if the Magistrate
think fit so to do, he may proceed as prescribed in the last preceding
section, and upon being satisfied in manner aforesaid that the
person deemed to be a lunatic is a lunatic and a proper person to
be detained under care and treatment may make an order for his
reception into such asylum as aforesaid.
(ii) It shall be the duty of every Police Officer not below the rank
of Inspector to report to a Magistrate every such case of neglect or
cruel treatment as aforesaid which may come to his knowledge.
(iii) In any State any Medical Officer or any Police Officer not
below the rank of Inspector may, at such times as the Resident of
such State shall fix, visit any supposed lunatic in the care of any
friend or relative of such supposed lunatic, for the purpose of
ascertaining the condition of such supposed lunatic, and any such
friend or relative shall be legally bound to produce the said supj)osed
lunatic for the inspection of the visitor and in the event of his
refusing to do so shall be liable to fine which may amount to five
hundred dollars.
31. (i) The Court of a Judicial Commissioner may, for the j)ur-
pose of determining whether a person committed for trial before
such Court or charged before such Court with an offence is or is
not of unsound mind, by written order direct that such person be
received into a lunatic asylum, to be named in the order, and be
there detained under observation during such period, not exceeding
one month, as to the Court may seem expedient and may thereafter
examine any members of the staff of such asylum who shall have
had such person under observation.
(ii) Every person ordered under this section to be received into
a lunatic asylum for observation shall be received into the asylum
named in the order and be there detained under observation for
the period stated in the order or for such shorter period as the
Court which made the order may direct.
32. Except as otherwise in this or in any other Enactment pro-
vided, no person shall be received into a lunatic asylum \\ithout an
order under the hand of some person in the form B in the second
schedule together with such statement of particulars as is contained
in the said form B nor, unless such person has been found lunatic
under an enquiry under Part I of this Enactment, Avithout the
medical certificate containing the particulars in the form A in the
second schedule of two persons, each of whom shall be a ph3^sician
or surgeon and one of whom shall be a surgeon in the employment
of the Government. When such order is presented the visitors or
managers of the asylum before admitting the lunatic into the asylum
may require the friends of the said lunatic to engage to pay the
expenses which may be incurred for the lodging, clothing, medicine,
and care of the lunatic, unless it shall appear to the said visitors
that they have not sufficient means of doing so.
33. Two of the visitors of any asylum, of "s\hom one shall be
a Medical Olliccr, may by writing under their hands order the
LUNACY. 27
discharge of any person detained in such asylum otherwise than
under Section 31. When such order is given, if the person is
detained under the order of anj'^ pubUc ofticer, notice of the order
of discharge shall be immediately communicated to such officer.
34. When any relative or friend of a lunatic detained in any order of
asylum under the provisions of Section 29 or Section 30 is desirous uJfdertLkln^of
that such lunatic shall be delivered over to his care and custody, he relative.
may make application to any Magistrate of the First Class in the
Federated Malay States, and the Magistrate, if he think fit, after
communication with the visitors or with one of them being a
Medical Officer, and upon the undertaking in writing of such rela-
tive or friend to the satisfaction of the said Magistrate or Officer
that such lunatic shall be properly taken care of and shall be
prevented from doing injury to himself or ethers, may make an
order for the discharge of such lunatic and such lunatic shall
thereupon be discharged.
35. The Resident of any State may order the removal of any provision for
lunatic from any public asylum in such State to any other public [u^a°tIc*3from
asylum in the Federated Malay States, and such order shall be one asylum to
sufficient authority for the removal of such lunatic and also for his
reception into the asylum to which he is ordered to be removed.
36. If after the reception of any lunatic into an asylum it appear Amendment of
that the order or the medical certificate or certificates upon which °'^'^^'^^-
he was received is or are defective or incorrect, the same may at
any time afterwards be amended by the person or persons signing
the same with the sanction of two or more of the visitors of the
said asylum, one of whom shall be a Medical Officer.
37. Every person received into a lunatic asylum under any such order and
order as is required by this Enactment accompanied, unless the j^ustlfydel^en-
order be under Section 31, by the requisite medical certificate may *g°°\^^g
be detained therein until he be removed or discharged as authorized
by this Enactment and in case of escape may by virtue of such
order be retaken by the manager of such asylum or any officer or
servant belonging thereto or any other person authorized in that
behalf by the said manager or any Police Officer and conveyed to
and received and detained in such asylum.
38. When any lunatic is sent to a Hcensed asylum by order of a Government
Magistrate under Section 29 or Section 30 or of the Court of a f^r^iunat?c%
Judicial Commissioner under Section 31 and when a lunatic is maintenance.
admitted into such asylum under Section 32 and no engagement
has been taken from the friends of the lunatic for the payment of
expenses under Section 32, the expense of the lodging, maintenance,
clothing, medicine, and care of such lunatic shall be paid by the
Government to the manager of such asylum.
39. The Magistrate by whom any lunatic has been sent to a lunatic ordei for pay-
asylum, if it appear to him that such lunatic has an estate apphcable Snatic-s^"^
to his maintenance and more than sufficient to maintain his family maintenance.
or that any person is legally bound to maintain and has the means
of maintaining such lunatic, may apply to the Court of a Judicial
Commissioner, and the said Court shall enquire into the matter in
a summary way and, on being satisfied that such lunatic has an
28
No. 12 OF 1915.
Saving of
liability of
relatives.
Saving of
powers
of Court of
Judicial
Commissioner.
Appeal.
Rules.
Protection of
persons acting
under this
Enactment.
estate applicable to his maintenance or that any person is legally
bound to maintain and has the means of maintaining such lunatic,
shall make an order for the recovery of the charges of the lodging,
maintenance, clothing, medicine, and care of such lunatic out of
such estate or from such person. Such order may be enforced in
the same manner as any decree made by the said Court in a suit
in respect of the property or person therein mentioned. Any
movable property which may be in the possession of a lunatic
found wandering at large may be sold by order of a Magistrate and
the proceeds thereof (or such part of the same as may be necessary)
applied towards the payment of the charge of the lodging and
maintenance of the lunatic and of any other expenses incurred
on his behalf.
40. The liability of any relative or person to maintain any lunatic
shall not be taken away or affected by any provision contained in
this Enactment.
PART III.
GENERAL PROVISIONS.
41. Nothing contained in Part II shall be taken to interfere with
the power of the Court of a Judicial Commissioner over any person
found to be lunatic under Part I.
42. Any person aggrieved by any decision or order of the Court
of a Judicial Commissioner made under the provisions of this
Enactment may, except in the case of an order under Section 31,
appeal to the Court of Appeal ; provided that no such appeal shall,
except by special leave of the Court of Appeal or of a Judicial
Commissioner, be brought after the expiration of one month from
the date of the decision or order appealed against.
43. (i) The Resident of any State may, with the approval of the
Chief Secretary to Government, from time to time make rules for
the better carrying out of the provisions of this Enactment, and such
rules upon publication in the Gazette shall have in such State the
force of law.
(ii) Any person committing a breach of any such rules shall on
conviction be liable to a fine not exceeding one hundred dollars.
44. (i) No prosecution shall be instituted or action brought
against any person for anything done or hoiid 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 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 ;
(r) in the case of an action, after tender of sufficient amends.
(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and without
LUNACY.
29
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 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.
First Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Perak
Selangor . .
Negri Sembilan . .
Pahang
12 of 1898
12 of 1898
19 of 1898
16 of 1898
Lunacy Enactment, 1898
Do.
Do.
Do.
Second Schedule.
FORM A.
Certificate of Medical Officer.
I, the undersigned (here enter name and official designation),
hereby certify that I on the day of , 19. . , at
personally examined (here enter name and residence of lunatic) 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 that I have formed this opinion on the
following grounds, namely :
statement.
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).
Dated the day of , 19 . .
(Signed)
FORM B.
Order for the Reception of a Private Patient.
I, the undersigned, hereby request you to receive A. B., a lunatic
(or an idiot or a person of unsound mind), as a patient into your
asylum. Subjoined is a statement respecting the said A. B.
Signed) Name
Occupation (if any) ......
Place of abode
30 No. 12 OF 1915.
Degree of relationship, if any, or other circumstances of connection
with the patient
Dated the day of , 19, ..
To Superintendent of the Asylum at (describing the asylum).
[Where the person signing the statement is not the person who
signs the order, the following particulars concerning the person
signing the statement are to be added, namely :
Name
Occupation (if any)
Place of abode
Degree of relationship (if any) or other circumstances of connection
with the patient.]
STATEMENT.
[If any of the particulars in this statement be not known, the fact
to be so stated.]
Name of patient in full
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 lunatic by the Supreme Court
Date of such decision
Whether any member of patient's family has been or is affected with
insanity
(Signed)
ENACTI^IENT NO. 13 OF 1915.
As amended by Fed. E. 16 of 1916.
An Enactment to regulate the possession, sale, import,
and export of certain Arms.
Arthur Young, [2nd December, 1915.
President of the Federal Council. 1st January, 1916.]
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 Arms Enactment, Short title.
1915," and shall come into force on such day as shall be appointed anTrep^aif^'^ '
by the Chief Secretary to Government by notification in the Gazette.
(ii) Nothing in this Enactment contained shall apply to any arms
which are the property of, or under the immediate control of, the
Government of the Federated Malay States or of any of them or
which form part of the equipment of any recognized naval or military
force or of the police force of the Federated Malay States or of
persons employed in the Prisons Department of the Federated
Malay States or of the ordinary armament of any ship or which are
in or upon any ship and required for the service thereof or the
personal use of the crew or passengers thereof.
(iii) Upon the coming into force of this Enactment the Enact-
ments mentioned in the first schedule shall be repealed ; provided
that all licenses and permits issued 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 issued under
this Enactment.
2. In this Enactment and in rules thereunder, unless the context interpretation.
otherwise requires —
" Arms " includes a fire-arm, air guns, air pistols, automatic guns,
automatic pistols, and any other kind of gun or pistol from which any
shot, bullet, or other missile can be discharged or noxious fumes can
be emitted, but does not include any arms other than as aforesaid.
" Pistol " means a fire-arm or other weapon of any description
from which any shot, bullet, or other missile can be discharged and of
which the length of barrel, not including any revolving, detachable,
or magazine breech, does not exceed nine inches.
" Police district " means any area in a State constituted a police
district by the Resident of such State by notification in the Gazette
and, unless and until such districts are so constituted, means an
ordinary administrative district or sub-district.
31
32
No. 13 OF 1915.
Licenses for
arms and
permits to use
arms.
Possession of
arms prohibited
except under
license or
permit.
E. 16 of 1916.
Period of
exemption in
certain cases.
E. 16of 191C.
3. (i) Licenses for arms and permits to use arms shall be issued in
accordance with the provisions of this Enactment.
(ii) Subject to the provisions of any law in force for the time
being regulating the carrying of arms in public places or otherwise,
every such license shall authorize the person named therein to have
in his possession and to carry and use within the State in which the
license is issued any arms described therein and shall be substantially
in the Form A in the second schedule, and every such permit shall
authorize the person named therein to have in his possession and to
carry and use within the State in which the permit is issued any
arms described therein provided that a license in respect of such
arms has been duly issued and is in force in any State of the
Federated Malay States and shall be substantially in the Form B
in the second schedule.
(iii) Any such license or permit which shall have been endorsed as
effective by the senior police officer in any police district of a State
other than the State wherein the same was issued shall thereupon
be of the same effect in the State where it was so endorsed as in
the State wherein it was issued.
4. (i) No person shall in any State have in his possession or
custod}'' any arms except under a license or permit in that behalf
under this Enactment and in accordance with the conditions of such
license or permit and such conditions as may be prescribed.
(ii) Any person who * * * shall have in his possession or custody
any arms Avithout such license or permit or otherwise than in accord-
ance with such conditions as aforesaid or who while holding such
permit shall have in his possession or custody any arms in respect of
which no license is in force shall be liable to imprisonment of either
description for a term not exceeding three years or to a fine not ex-
ceeding five hundred dollars in respect of every such arm or to both,
(iii) The following persons shall be exempt from the operation of
this section to the extent specified :
(a) the High Commissioner, the Rulers, the Chief Secretary to
Government, and all Members of the Federal Council or
of any State Council ;
{!)) gunsmiths, auctioneers, and common carriers having in their
possession in the ordinary course of their business and not
for use any arms for which a license has been issued and is
in force, in respect of such arms only.
Persons exempt under paragraph (a) of this sub-section shall
furnish annually in writing to the Chief Police Officer of the State
in which they reside particulars of all arms in their possession in
respect whereof no license is in force, with the name of the maker
and the number (if any) marked thereon for the purposes of
identification.
(iv) Where two or more persons carry any arms in parts, each of
such persons shall for the purposes of this section be deemed to have
such arms in his jiossession.
4a. No person shall be deemed guilty of any contravention of this
Enactment or of any rale thereunder by reason only of the fact that
daring the month of January in any year he has in his fossession or
ARMS. 33
custody any arms in respect of which no license or 'permit is in force ;
provided that such person had such arms in his possession or custody
on the thirty- first day of December of the preceding year under a license
or permit issued in that behalf under this Enactment.
5. (i) A license for arms or a permit to use arms under this Licenses and
Enactment may be obtained in any State by application made in obtained!"^
writing to the Chief Police Officer of such State, subject to the issue
thereof being expressly approved by such Chief Police Officer ;
provided that if during the year or any part of the year immediately
preceding the year in which application is made the applicant has
held a license or j)ermit for the arms referred to in the application
and such license or permit has expired by effluxion of time and has
not been suspended or cancelled, application for a new license or
permit for the same arms may be made verbally or in writing to and
such license or permit may, except as provided by sub-section (ii),
be granted by any police officer not below the rank of Inspector.
(ii) No license or permit for a pistol shall be issued except with
the express approval of the Chief Police Officer.
(iii) No license or permit shall be issued in the name of any
partnership, company, or corporation.
(iv) The Chief Police Officer may require as a condition precedent
to the issue of a license or permit for a pistol that the applicant shall
make a deposit of fifty dollars either by cash paid into the Treasury
or by delivery at the Treasury of a bank receipt evidencing the
payment of the said amount to the credit of the Government with
such bank ; interest allowed by a bank on any such amount shall be
payable to the depositor. Every person who has made a deposit
under this section shall on demand be entitled to receive from the
Chief Police Officer an order on the Treasury authorizing the return
of such deposit ; provided that no such deposit shall be returned
until after the completion of one month from the date of expiration
of the license or permit in respect whereof the deposit was made or,
in the case of a license, from the date of the duly authorized transfer
to another person of the pistol to which such license relates. Every
deposit made under this section shall be at all times liable to be
applied in satisfaction of any fine inflicted upon the depositor by
any Court.
(v) No license or permit shall be issued unless the arms in respect
of which it is applied for be produced.
(vi) Every license or permit shall expire on the 31st day of
December of the year in respect of which it is issued.
(vii) Every officer who shall issue, or endorse as effective, any
license or permit under this Enactment shall enter particulars
thereof in a register to be kept at the office of the senior police officer
in the police district wherein such issue or endorsement takes place.
6. Whenever application is made for a license for any arms not Maridngof
marked with letters or figures or in such other manner as that the ^™^'
same may be readily identified, the officer to whom application is
made may, before issuing the license applied for, cause such arms to
be marked with some permanent mark whereby the same may be
afterwards known and identified, but in such manner as not to injure
III— 3
34
No. 13 OF 1915.
Lost licenses
and permits.
Arms lost or
destroyed.
Dealers'
licenses.
Obstructing
inspection of
stock-in-trade.
or disfigure the same ; and any person who shall wilfully obliterate,
deface, alter, counterfeit, or forge any such mark, or shall fraudu-
lently mark any arms with any mark resembling or intended to
resemble any mark used for marking arms under this section shall
be liable to a fine not exceeding two hundred dollars.
7. If a license or permit issued under Section 5 shall be destroyed,
defaced, or lost, the person named therein may, on application to snxy
officer authorized to issue licenses or permits and on satisfying him
that the application is made in good faith, obtain from him a certifi-
cate substantially in the form C in the second schedule and such
certificate shall be in lieu of and of the same force and effect as the
former license or permit.
8. Whenever any arms in respect whereof a license is in force
shall be lost or destroyed, the person named in the license and any
other person who may have been in possession of such arms
immediately before the loss or destruction thereof shall within
fourteen days after becoming aware of such loss or destruction make
a report thereof to the senior poHce officer in the police district in
which such persons respectively reside.
9. (i) Licenses to deal in and repair arms in any State, which
shall be substantially in the form D in the second schedule, may be
issued by the Chief Police Officer of such State ; and no person not so
licensed shall make, repair, or keep or expose for sale any arms or
any part of any arms.
(ii) Every such license shall expire on the 31st day of December
of the year in respect of which it is issued.
(iii) Every person so licensed shall at all times keep books con-
taining an accurate record of all arms manufactured by him or
received by him into stock or for repair and of all arms sold by him
and of the marks by which all arms so sold may be identified, with
the (late of sale and the name and address of the purchaser and shall,
on demand, produce them for the inspection of any police officer
above the rank of sergeant at such place and time as the police
officer may reasonably require.
(iv) Every such person shall also within the first seven days of
each calendar month furnish to the Chief Police Officer of the State
to which his license relates particulars, substantially in the form E
in the second schedule, of his stock and of all arms purchased or
imported and of all arms sold by him during the last preceding
calendar month.
(v) Any person who shall contravene the provisions of sub-section
(i) shall be liable to imprisonment of either description for a term
not exceeding three years or to a fine not exceeding five hundred
dollars or to both ; and any person who sliall contravene the pro-
visions of sub-section (iii) or (iv) shall be liable to a fine not exceeding
two hundred and fifty dollars.
10. (i) Every person licensed under Section 9 shall on demand of
any police officer above the rank of sergeant submit his stock-in-
trade to the inspection of such officer.
(ii) Whoever intentionally conceals the stock-in-trade of any such
person from a police officer above the rank of sergeant or wilfully
ARMS.
35
refuses to point out where the same is kept shall be liable to im-
prisonment of either description for a term not exceeding two years
or to a fine not exceeding two hundred and fifty dollars or to both.
11. (i) Every person licensed under Section 9 shall affix in a Boards to be
conspicuous position outside the door of his shop or place of business deaicrs'^shops.
a board bearing the words " Licensed to Deal in and Repair Arms "
(or as the nature of his license may be) distinctly printed in letters
not less than two inches long.
(ii) Any person who shall fail to comply with the provisions of
this section shall be liable to a fine not exceeding fifty dollars.
12. (i) No person shall take delivery of any arms on purchase or License for
transfer without first obtaining a license authorizing the purchase transfer!*"^
or transfer thereof ; such license shall have force for one month from
the date of issue and no longer.
(ii) No person shall deliver to any other person any arms on sale
or transfer except upon production to him of a license authorizing
the purchase or transfer thereof.
(ill) The purchaser or transferee of any arms shall endorse the
said license with the date of delivery and particulars of the arms
purchased or transferred and shall return such license within one
month from such date to the officer by whom the same was issued ;
and the vendor or transferor shall, if he be the holder of a license to
deal in arms, add to the record of sale required to be kej)t by him
under Section 9 the number, date, and other particulars contained in
the said license.
(iv) Any person who shall contravene any of the provisions of
this section shall be liable to a fine not exceeding one hundred dollars.
(v) Licenses for the purchase or transfer of arms in any State
which shall be substantially in the form F in the second schedule
may be issued by the Chief Police Officer of such State.
13. (i) No person shall import any arms or parts of arms into License
any State either by sea or land from a place without the Federated ""p°'*-
Malay States unless he hold a license in that behalf.
(ii) Such license may be obtained on application to the Chief
Police Officer of the State into which the arms or parts of arms are
upon importation into the Federated Malay States intended to be
conveyed and shall be substantially in the form G in the second
schedule.
(iii) Every holder of such license shall endorse thereon full
particulars of all arms or parts of arms imported thereunder and
shall return such license to the officer by whom the same was issued
within one month from the expiration of the term allowed thereby.
14. Arms sent through the post shall not be delivered unless or Arms sent by
until there be produced at the post office of destination a Hcense in ^°^^'
respect thereof under Section 12 or Section 13 according as the post
office whence the arms were despatched is within or without the
Federated Malay States.
15. (i) No person shall export any arms from any State either by License to
sea or land to a place without the Federated Malay States unless ®^'"^-
he hold a hcense in that behalf.
36
No. 13 OF 1915.
Ports and
places of
import and
export.
Marking of
cases ; notice
of importation.
Declaration
of arms on
importation.
Penalty for
unlawful
importation or
exportation.
Permit to land
or tranship
arms.
Concealini?
unlawfully
Imported arms.
(ii) Such license may be obtained on application to the Chief
Police Officer of the State from which the arms are to be exported
and shall be substantially in the form H in the second schedule.
16. The Resident of a State may from time to time, with the
approval of the Chief Secretary to Government, by notification in the
Gazette declare that arms or particular classes of arms shall not be
imported into or exported from such State except at ports or places
specified in such notification, and no arms shall be imported into
or exported from such State contrary to the terms of such
notification.
17. When arms are imported into a State for the purposes of trade
or profit from any place without the Federated Malay States, the
case or package, if any, containing the same shall be distinctly and
legibly marked with the words " Defensive Arms " in the English
language or shall be marked in such other manner as may be pre-
scribed ; and when the importation is to be by sea, notice of the
intended importation and of the ship or boat whereby the same is to
be effected shall be given to the principal officer of Customs at the
port of import before the arrival of such ship or boat at such port.
18. Every person entering a State from any place without the
Federated Malay States who has in his possession or among his
baggage any arms and every consignee receiving any arms imported
into a State from any place without the Federated Malay States
shall make a declaration thereof at such time and place, in such
mamier and with such particulars as may be prescribed and shall at
the same time produce the license issued under Section 13 for the
importation of such arms and the license or other authority (if any)
for the exportation of such arms from the Colony.
19. Any person who shall contravene the provisions of sub-section
(i) of Section 13 or of Section 15 shall be liable to imprisonment
of either description for a term not exceeding three years or to a
fine not exceeding five hundred dollars or to both ; and any person
who shall contravene the provisions of sub-section (iii) of Section 13
or of Section 16, 17, or 18 shall behable to a fine not exceeding five
hundred dollars.
20. (i) The Chief PoHce Officer of a State may upon application
by the owner, agent, or master of any ship or boat arriving or about
to arrive at any port in such State grant a permit to such owner,
agent, or master authorizing him to land any arms consigned upon
such ship or boat to such port or for transhipment at such port.
(ii) The Chief Police Officer of a State may upon ajiplication by
the owner, agent, or master of any ship or boat arriving or about to
arrive at any port of such State and having on board any arms for
transhipment at such port grant to such owner, agent, or master a
permit to tranship such arms.
(iii) Such owner, agent, or master shall thereupon cease to be
liable to any prosecution for importing such arms without a license ;
but the granting of such permit shall not render any other person
free from any prosecution for importing such arms without a license.
21. Whoever knowingly conceals any arms imported without a
license into any State from a place without the Federated Malay
ARMS.
37
States shall be liable to imprisonment of either descriiDtion for a term
not exceeding two years or to a fine not exceeding five hundred
dollars or to both.
32. (i) The Resident of a State may from time to time, with the
approval of the Chief Secretary to Government, by notification in
the Gazette, prohibit for a period to be mentioned in such notification
either the importation into such State or the exportation from such
State of any arms or parts of arms or of particular kinds of arms or
parts of arms without a special permit signed by himself.
(ii) Any such prohibition of exportation may either be absolute or
raa,y relate to such place or places as shall be specified in the notifica-
tion ; and any person who shall take or send any article out of a
State by sea or land with the intention that it shall ultimately
reach a particular jjlace either directly or indirectly shall for the
purposes of this section be deemed to export such article to such
place.
(iii) Any person who shall import or export into or from any
State any arms or parts of arms in contravention of any notification
published under this section or in breach of the restrictions and
conditions subject to or upon which any special permit is issued
shall be liable to imprisonment of either description for a term not
exceeding one year or to a fine not exceeding two thousand five
hundred dollars or to both.
23. (i) If any ship or boat is used for the imj)ortation into or
exj)ortation from a State of any article in contravention of a
notification published under Section 22, the master and oA^Tier thereof
shall be liable to a fine not exceeding two thousand five hundred
dollars and the ship or boat may be detained by order of the Court
before which the conviction is had until security has been given for
a sum not exceeding two thousand five hundred dollars.
(ii) Any arms or parts of arms which are subject to a prohibition
under Section 22 and which are found on a ship or boat in any State
wherein such prohibition is in force shall be deemed evidence that
the sliip or boat has been used for the importation or exportation of
the same, as the case may be, contrary to the provisions of this
Enactment, unless it is proved to the satisfaction of the Court that
the owner and master did not know and could not reasonably have
known of such user of the ship or boat and that none of the officers,
their servants, the crew, or any persons employed on board the ship
or boat were implicated therein.
24. (i) Any police officer having authority in any State to issue
any license or permit under this Enactment may, ^vith the approval
of the Chief Pohce Officer of such State, refuse any appHcation for
such license or permit without assigning any reason for such refusal
and may, with such approval as aforesaid, for reasons of public
safety to be duly recorded by him or on other prescribed grounds
cancel or suspend any Hcense or permit when issued.
(ii) No license or permit shall be issued to any person under the
age. of sixteen years.
25. (i) Whenever the Court of a Magistrate has reason to believe
that any person residing within the limits of its jurisdiction
Resident may
prohibit
importation or
exportation.
Ship used for
lUegal
importation or
exportation.
License or
permit may be
refused.
Search for arms
under warrant
of Court.
38
No. 13 OF 1915.
Search for arms
by police or
District Officer.
Penalty.
Detention of
arms by the
police.
(a) has in his possession any arms without a license or permit
or in contravention of the conditions upon which any
license or permit is issued or for any unlawful purpose,
or
(h) has in his possession any arms whereof he cannot be left in
possession without danger to the public peace,
such Court may by warrant directed to any police officer or police
officers authorize such officer or officers by day or by night
(1) to enter and search the house or premises occupied by such
person or any house or premises wherein the Court has
reason to believe that such arms are to be found ; and
(2) to seize and detain such arms ; and
(3) to arrest any person found in such house or on such premises
whom such officer or officers has or have reason to suspect
to have committed any offence punishable under this
Enactment.
(ii) In the execution of such warrant any person to whom such
warrant is directed may employ such assistants as may be necessary.
(iii) Whoever upon a search being made under this section having in
his possession or custody any arms or knowing where any arms are
concealed refuses to produce or point out the same to the person
making the search or intentionally conceals the same shall be liable
to imprisonment of either description for a term not exceeding two
years or to a fine not exceeding five hundred dollars or to both.
26. (i) The Chief Police Officer of a State or any District Officer
may for reasons to be first recorded by him authorize by name in
writing any police officer not below the rank of corporal to search any
house or other building or place or any ship or boat or the houses in
any locality wdthin his jurisdiction for arms and to seize and convey
to a police station all arms found in the course of such search for
which a license or permit is not produced and may, in like manner,
authorize any such officer to require any person or the persons living
in any locality within his jurisdiction to produce his or their license
or licenses and to produce or account for the arms described therein.
(ii) Any power which a Chief Police Officer or a District Officer
is by this section empowered to authorize to be exercised by a
police officer not below the rank of corporal may be exercised by
the Chief Police Officer or by the District Officer in person.
27. If it be proved before a Magistrate that any person has failed
to satisfactorily account to an officer authorized by or under Section
26 for any arms described in any license issued to him during the
period for which such license is in force or after its expiry, suspen-
sion, or cancellation, such person shall bo liable to a fine not
exceeding one hundred dollars.
28. Any arms produced to or discovered by a police officer or
other officer in any State under Section 5 or Section 26 may, in any
case in which the Chief Police Officer of such State for reasons of
public safety to be duly recorded by him so directs, be detained by
the police for any period not exceeding one month ; provided that
no arms shall in any State be detained under this section contrary
to the orders of the Resident of such State.
ARMS.
39
29. Any police officer may enter and remain on any land or
premises other than a dwelUng-house at and for such time as may
be reasonably necessary to enable him to ascertain whether a
person carrjdng or using any arms on such land or premises has a
license or permit in that behalf.
30. If a person licensed to deal in arms or to import arms dies
or becomes insolvent or bankrupt or mentally incapable or other-
wise under disability, the person carr3dng on the business of such
licensee shall not be liable to any penalty or forfeiture for acting
under the license during such reasonable time as may be necessary
to allow him to make application for a new license, and such person
shall be deemed to be the holder of the said license for all purposes
under this Enactment and to be liable in the same way as if he
were the original holder thereof until a new license is granted or
refused.
31. (i) Any person whose possession of any arms shall have
become unlawful in consequence of the expiry, suspension, or cancel-
lation of a license or permit shall without unnecessary delay deposit
the arms at the nearest police station.
(ii) If the owner of any arms so deposited shall not within six
months from the date of deposit produce a license authorizing him
to possess the same and apply for the delivery thereof, such arms
shall be forfeited.
32. If any penghulu or police officer shall fail to inform against
any person whom lie shall have good reason to know or believe to
be guilty of possessing any arms without a license or permit in that
behalf, such penghulu or police officer shall be liable to a fine not
exceeding fifty dollars.
33. The occupier of any house or premises in which any arms
shall be found shall be deemed, until the contrary is proved, to be
the possessor of such arms for the purposes of this Enactment.
34. Any Magistrate before whom a conviction may be had under
this Enactment may 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.
35. Police officers not below the rank of corporal shall, for the
purpose of search for arms unlawfully imported or exported or
attempted to be imported or exported into or from the Federated
Malay States or any of them, have the powers which are by Sections
6 and 25 of the Customs Regulations Enactments, 1907, vested in
officers of Customs and may make such search of the baggage
of passengers and of goods arriving in or departing from the
Federated Malay States or any of them as may be necessary in order
to ascertain whether any arms are contained therein.
36. (i) All arms with regard to which there shall have been any
breach of or offence against the provisions of this Enactment or of
any rule made thereunder or of any restriction or condition subject
to or upon which any license or permit shall have been granted
may be seized by any police officer or officer of Customs and together
with the receptacles containing the same shall be liable to forfeiture
by order of a Magistrate.
Entry on place
where arms are
used.
Where licensee
under dis-
ability.
Deposit of arms
at police station.
Information of
ofEences.
Ownership.
Rewards to
informers.
Police have
certain powers
of Customs
officers.
Forfeitures.
40
No. 13 OF 1915.
Abetment and
attempt.
General
penalty.
Liability of
principal and
agent.
Search of
vessels.
Presumptions.
(ii) All arms which may be found without an apparent owner
may be seized by any police officer and if, after such notice as a
Magistrate may direct, no owner appears the same may by order
of a Magistrate be forfeited.
37. Whoever abets the commission of any offence punishable
under this Enactment or any rules made thereunder or attempts
to commit any such offence and in such attempt does any act
towards the commission of the same shall be punished as if he had
committed the offence.
38. Whoever is guilty of any contravention of this Enactment or
of any rule thereunder for which no penalty is otherwise expressly
provided shall be liable to a fine not exceeding one hundred dollars.
39. (i) Any person licensed under this Enactment who would be
liable under the provisions of this Enactment or of any rules there-
under to any punishment, penalty, or forfeiture for any act, omission,
neglect, or default shall be liable to the same punishment, penalty,
or forfeiture for every such act, omission, neglect, or default of any
agent or servant employed by him in the course of his business as
such licensed person if such act, omission, neglect, or default be
committed by such agent or servant in the course of his employment
by such licensed person.
(ii) Any agent or servant employed by a person licensed under
this Enactment in the course of his business as such licensed person
shall also be liable to every punishment, f>enalty, or forfeiture
prescribed by this Enactment or by any rules thereunder for such
acts, omissions, neglects, or defaults as fully and effectually as if
such agent or servant had been the person licensed.
40. (i) (a) If any ship or boat in any port of a State is suspected
of having on board any article the importation or exportation of
which into or from such State is absolutely prohibited by a notifica-
tion under Section 22 and which is not exempted by this Enactment
or by any special permit thereunder, or
(b) If any ship or boat about to leave any port of a State bound
for any particular country, territory, or place is suspected of having
on board any article the exportation of which from such State
to such countr}^ territory, or place is so prohibited and \A'hich is
not exempted as aforesaid,
the Chief Port Officer of the port may issue a search warrant
directed to any boarding officer or boarding officers or any police
officer not below the rank of sergeant in such warrant named or
referred to.
(ii) In the execution of such warrant any person to whom such
warrant is directed may
(1) board any ship or boat in such warrant named or described
either with or without assistants, and
(2) forcibly enter every part of such ship or boat, and
(3) arrest any person reasonably suspected of being guilty of
an offence against this Enactment.
(iii) If upon any search made under this section
(a) any article the importation or exportation of which into
or from a State is absolutely prohibited by any notification
under Section 22 and which is not exempted by this
AKMS. 41
Enactment or b}^ any special permit thereunder is found
on board of any ship or boat in any port of such State, or
(b) any article the exportation of which from a State to any
particular country, territory, or place is so prohibited
and which is not exemj)ted as aforesaid is found on board
of any ship or boat about to leave any port of such State
for such country, territory, or j)lace,
it shall be presumed, unless and until the contrary be proved, that
such article was attempted to be imported or exported, as the case
may be, contrary to the provisions of this Enactment and such ship
or boat may be detained for the purpose of removing any such
article therefrom and the same may be removed therefrom.
41. (i) If any person is found carrying or conveying any arms in Persons convey-
such a manner or under such circumstances as to afford reasonable ippr^endeY ^^
grounds for susj)icion that the same may be used for any unlawful without
purpose dangerous to the public peace, any person may without
Avarrant apprehend such person so found and detain him in custody,
(ii) If any person be apprehended by a person not being a police
officer, he shall be forthwith taken to the nearest or other police
station or be handed over to a pohce officer.
42. Any police officer may arrest without warrant any person Arrest by police
found committing or attempting to commit or employing, aiding, warrant
or assisting any person to commit an offence against Section 4,
9 (i), 13 (i), or 15 (i) or an offence punishable under Section 10 (ii),
21, or 25 (iii).
43. Every person arrested by virtue of any power given by this Persons
Enactment shall, together with any article as to which any offence t^bftaken to
may have been committed or attempted to be committed, be taken police station.
to a police station and conveyed as soon as conveniently may be
before the Court of a Magistrate to be dealt with according to law.
44. The Court of a Magistrate of the First Class before which a ^^^^^^\°^
person may be convicted of an offence punishable under this Enact- trate.
ment may, notwdthstanding the provisions of any other law, impose
the full fine to which the offender is liable under this Enactment.
45. The fees specified in the third schedule shall until rescinded ^®®^-
or altered under Section 46 be charged in respect of the various
matters and things enumerated in the said schedule.
46. (i) The Chief Secretary to Government may from time to Rules.
time make rules for any of the following purposes, that is to say —
(a) to rescind, alter, or add to any of the fees or forms prescribed
by this Enactment ;
(6) to regulate the importation, exportation, landing, tran-
shipping, manufacture, sale, and purchase of arms ;
(c) to provide for the marking of arms for the possession of
which a license is issued ;
(d) to regulate the manner in which applications for licenses
or permits shall be made ;
(e) to regulate the conditions and restrictions on and subject
to which licenses and permits shall be granted and the
issue of licenses and permits generally and the grounds
on which they may be suspended or cancelled ;
42
No. 13 OF 1915.
Power to
exempt.
(/) to provide for the furnishing of information in respect of
arms by persons in possession thereof ;
{g) to direct by whom and in what manner fees payable under
this Enactment are to be collected and accounted for ;
{h) to regulate the disposition, destruction, or sale of articles
forfeited under this Enactment or detained under Section
22;
(i) generally to give effect to the provisions of this Enactment ;
and may restrict the operation of any such rules to particular
States, districts, or areas.
(ii) The Chief Secretary to Government may in making any rules
prescribe the fine with which contravention thereof shall be punish-
able, but so that such fine shall not exceed one thousand dollars.
(iii) Rules made under this section shall be published in the
Gazette and shall thereupon have the same force and effect as if
enacted in this Enactment.
47. The Resident of a State may from time to time, with the
approval of the Chief Secretary to Government, by notification in
the Gazette, exempt any arms or classes of arms within such State
or within any part of such State from the operation of all or any
of the provisions of this Enactment and may in like manner vary
or rescind any exemption so notified.
FmsT Schedule.
ENACTMENTS REPEALED.
State.
No, and year.
Short title.
Perak
Selangor
Negri Sembilan
Pahang
4 of 1902
12 of 1902
8 of 1902
9 of 1902
The Fire-arms Enactment, 1902
Do.
Do.
Do.
Second Schedule.
FORM A.
License for Arms.
This license authorizes A. B., of , to possess, carry, and use
the arms hereunder specified until the 31st day of December next
following the day on which this license is issued :
{Here enumerate all the arms included in the license, with fidl
yarticulars for identification.)
Issued this day of , 19 . .
Place
Fee
Police Officer.
ARMS. 43
FORM B.
Permit to Use Aems.
A. B., of , is hereby permitted to carry and use the arms
hereunder specified until the 31st day of December next following
the day on which this permit is issued :
{Here enumerate all the arms permitted to he used, with full
'particulars for identification.)
Issued this day of , 19 . .
Place
Fee
Police Officer.
FORM C.
Certificate in Lieu of Lost ^^^= for Arms.
Whereas on the day of , 19 . . , a ^^ was issued to
A. B., of , by , for the arms hereunder specified : And
whereas it has been proved to my satisfaction that the said ^^^
has been {destroyed, defaced, or lost, as the case may he) : Now this
certificate is issued to the said A. B. to be in lieu of the said ^~^
and of the like force and effect.
{Here enumerate the arms.)
Issued this day of , 19. .
Place
Fee
Police Officer.
FORM D.
License to Deal in Arms.
A. B., of , is hereby licensed to exercise the trade of {a
manufacturer of, or vendor and repairer of, as the case may he) arms
at in the district of
Issued this day of , 19. .
Place
Fee
Police Officer
FORM E.
Particulars of Stock and of Arms Purchased, Imported,
AND Sold.
Month of 191
1
bl) to
6C
TJ
'. ® 1
(-1
o
-loadin
S.B. gun
o
1
05
(D
03
;e to im
purchas
3.
CD tn
>.2
c3
®
ferenc
ort or
cense
■■t-c
3 tiO
® Ph
"S
® p<;3
Ph
w
S
P?
O
Ph
(H
e3
S
P3
Stock in hand on
Purchased or imported
on
5 J
5 J
J>
5)
)5
Sold on
Balance in stock on
44
ARMS. 45
FORM F.
License for Purchase or Transfer of Arms.
A. B., of , is hereby licensed to obtain on teantirfrom x. y. a^ms of
the number and description hereunder specified within one month
from the date hereof.
{Here specify the number and description of arms,)
Issued this day of , 19 . .
Place
Fee
Police Officer.
FORM G.
License to Import Arms.
A. B., of , is hereby licensed to import into the Federated
Malay States arms of the number and description hereunder specified
within {Here specify the period) from the date hereof.
{Here specify the number and description of arms.)
Issued this day of , 19 . .
Place
Fee
Police Officer.
FORM H.
License to Export Arms.
A. B., of , is hereby licensed to export from the Federated
Malay States to arms of the number and description hereunder
specified within {Here specify the period) from the date hereof.
{Here specify the number and description of arms.)
Issued this day of , 19 . .
Place
Fee
Police Officer.
46 No. 13 OF 1915.
Third Schedule.
FEES.
Licenses and permits for arms : S c
For each arm, per annum . . . . . . 50
For any number of arms the projDcrty of a
theatrical or circus company, which arms are
to be bond fide used in the performances to
be given by such company . . . . . . 50
For a license to purchase or obtain transfer
of arms . . . . . . 05
,, import arms . . . . , . 50
„ export arms . . . . . . 50
,, manufacture or deal in arms,
per annum . . . . . . 100 00
,, repair arms, per annum . . 20 00
Provided that the fee to be charged for any annual license which
is issued between the 1st of July and the 31st of December of the
same year shall be only half of the annual fee.
ENACTMENT NO. 15 OF 1915.
As amended by Fed. E. 5 of 1916 and 4 of 1918.
An Enactment to make provision, complementary to tlie
Fugitive Offenders Act, 1881, of the Imperial
Parliament, with regard to Fugitive Offenders from
the United Kingdom, British possessions and places
to which the said Act may be from time to time
applied.
Arthur Young, [27th November, 1915.
President of the Federal Council. 1st February, 1917.]
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 Fugitive Offenders short title,
Enactment, 1915," and shall come into force upon such date as the and^^peal^ ^ '
Chief Secretary to Government may by notification in the Gazette
appoint.
(ii) Upon the coming into force of this Enactment the Enactments
specified in the first schedule shall be respectively repealed to the
extent mentioned in the last column thereof,
2. (i) In this Enactment, unless the contrary intention appears — interpretation
"Agreeing State" means any State, over which His Britannic
Majesty extends his protection, whose Ruler, being desirous that
the rendition of fugitive offenders as between his State and any
other such States and between it and the Colony shall take place
under the provisions of the Imperial Act, ha-s entered into an agree-
ment with His Britannic Majesty's Government in pursuance
whereof an Order in Council shall have been made directing that
the Imperial Act shall, subject to the conditions, exceptions, and
qualifications (if any) contained in the Order, apply to such State
or States as if they were British possessions and that Part II of
the Imperial Act shall apply to the Colony and such State or States
as if they were a group of British possessions, and includes any e. i of 1918.
British dominion in respect whereof an Order ^n Council shall have
been made directing that Part II of the Imperial Act shall apply to
the Federated Malay States and to such British dominion as if they
were a group of British possessions ;
" British dominion " includes the United Kingdom of Great
Britain and Ireland and any British possession and also includes
any place to which, not being a British possession, the provisions
of the Imperial Act are by Order in Council, subject to the con-
ditions, exceptions, and qualifications (if any) contained in the
47
48 No. 15 OF 1915.
Order, for the time being applied ; for the purpose of this Enact-
ment the Channel Islands and the Isle of Man shall be deemed to
be part of England and of the United Kingdom and all territories
or places to which the Imperial Act applies which are under one
legislature shall be deemed to be one British dominion ;
" Deposition " includes any affidavit or statement made upon
oath ;
" Federated Malay States " means the States of Perak, Selangor,
Negri Sembilan, and Pahang ;
"Fugitive" means a person accused or convicted of having
committed in a British dominion, either before or after the com-
mencement of this Enactment, an offence to which Part I of the
Imperial Act applies and which is not excepted from the application
of the Imperial Acts to the Federated Malay States by the Order in
Council directing such application or by any subsequent Order ;
such person is in this Enactment referred to as a fugitive from
the British dominion wherein such offence is alleged to have been
committed or such conviction was had ;
" Magistrate " means a Magistrate of the First Class ;
" Order in Council " means an Order of His Majesty the King of
the United Kingdom of Great Britain and Ireland and of the British
dominions beyond the Seas, Emperor of India, made by and with
the advice of His Privy Council.
" The Colony " means the Colony of the Straits Settlements and
includes the several Settlements of Singapore, Penang, Malacca,
and Labuan and all other islands and places for the time being
forming part of the Straits Settlements and all British waters
adjacent thereto ;
" The Imperial Act " means the Act passed in the 44th and 45th
years of the reign of Her Majesty Queen Victoria, Chapter 69,
shortly cited as " The Fugitive Offenders Act, 1881," and where an
B. 6ofi9iG. Order in Council is made in pursuance of " The Fugitive Offejiders
{Protected States) Act, 1915," directing that the Imperial Act shall
subject to the conditions, exceptions, and qualifications (if any)
contained in the Order, apply to the Federated Malay States as
though the said States "were a British possession the said Act shall
apply and come into operation in accordance with the provisions
of the said Order in Council. When used in reference to the
Federated Malay States " The Imperial Act " means that Act as
so applied to such States.
(ii) In the Iraj)orial Act as ajoplied to the Federated Malay States
" a Superior Court " means the Supreme Court and " Magistrate "
means a Magistrate of the First Class.
(iii) The notice directed by Section 17 of the Imperial Act to bo
given to the Chief Officer of the Police of a possession or of the
province or town where the prisoner is in custody will be given to
the Public Prosecutor or the Deputy Public Prosecutor.
Publication of 3. Thc publication in the Gazette of an Order in Council apjilying
?no^azciic^°^^°^ ^^® Im})erial Act to any place not being a British possession shall
to be conciuBivo be conclusive evidence in all Courts of Justice of such application
and of the terms thereof ; and the publication in the Gazette of an
evidence.
FUGITIVE OFFENDERS.
49
E. 4on918.
Arrest, deten-
tion, and return
of person for
whom warrant
has issued
in British
dominion.
Endorsed
warrants and
provisional
warrants.
Order in Council directing that Part II of the Imperial Act shall
apply to the Colony and any State or States or British dominion or
dominions as if they were a group of British possessions shall be
conclusive evidence in all Courts of Justice that every such State
or British dominion is an agreeing State within the meaning of that
expression as defined in Section 2 ; and the Agreement in pursuance
whereof the Order in Council has been made shall not be called for
by or required to be given in evidence in any Court of Justice.
RETURN OF FUGITIVES.
4. (i) Where in any British dominion a warrant has been issued
for the apprehension of a fugitive therefrom and such fugitive is or
is suspected of being in or on the way to any of the Federated
Malay States, such fugitive shall be liable to be apprehended,
transjiorted, and detained in manner provided bj^ this Enactment
and returned in pursuance of the provisions of Part I of the Imperial
Act to the British dominion from which he is a fugitive.
(ii) A fugitive may be apprehended under a warrant issued as
aforesaid and duly authenticated and endorsed in accordance with
Part I of the Imperial Act, or under a provisional warrant issued
by a Magistrate in the Federated Malay States in pursuance of
Part I of the Imperial Act ; and a warrant so endorsed or a
provisional warrant so issued shall be a sufficient authority to
apprehend within any j)art of the Federated Malay States the
fugitive named therein and to bring him before a Magistrate in
the State wherein the warrant was endorsed or the provisional
warrant issued, as the case may be, to be dealt with according
to the provisions of Part I of the Imperial Act.
5. Where the Magistrate commits the fugitive to prison, he shall
inform the fugitive that he will not be surrendered until after the
expiration of fifteen days and that he has a right to apply to the
Supreme Court to direct that he be set at Hberty, and any such
application made by a fugitive shall be deemed to be an application
for a writ of habeas corpus or other like process for the purpose of
Part I of the Imperial Act.
6. Any warrant issued in accordance with Part I of the Imperial
Act for the return of a fugitive to the British dominion from which
he is a fugitive shall be forthwith executed according to the tenor
thereof and the fugitive named therein shall be delivered into the
custody of the persons to whom the warrant is addressed or some
one or more of them and shall be held in custody and conveyed by
sea or otherwise to the British dominion from which he is a fugitive.
RETURN OF OFFENDERS AND WITNESSES TO THE
COLONY AND AGREEING STATES.
7. (i) Where in the Colony or in an agreeing State a warrant Arrest, deten-
has been issued for the apprehension of a person accused or convicted of'pereon IIT'^"'
of having committed in the Colony or in such State, either before ^^sTsue™''
or after the commencement of this Enactment, an offence punishable the coiony or
by law in the Colony or in such State which is not excepted from statl^^^"^^
the application of Part II of the Imperial Act to the Federated
Malay States by the Order in Council directing such application or
III — 4
Information to
fugitive on
committal to
prison.
Return of
fugitive by
warrant.
50
No. 15 OF 1915.
Endorsed
warrants and
provisional
warrants.
Betum of
prisoner to
Colony or
agreeing State.
E. 5of 191G.
Endorsement in
the Federated
Malay States of
summons to a
witness issued
in the Colony or
an afpreeing
State.
Offences
committed on
boundary of
Federated
Malay StatP3
and British
dominion.
by any subsequent Order and such person is or is suspected of being
in or on the way to any of the Federated Malay States, such person
shall be liable to be apprehended, transported, and detained in
manner provided by this Enactment and returned in pursuance of
the provisions of Part II of the Imperial Act to the place in which
the said warrant was issued.
(ii) A person for whose apprehension such warrant as is in sub-
section (i) referred to has been issued may be apj)rehended under
the said M^arrant, if duly authenticated and endorsed in accordance
udth Part II of the Imperial Act, or under a provisional warrant
issued by a Magistrate in the Federated Malay States in pursuance
of Part II of the Imperial Act, and a warrant so endorsed or a
provisional warrant so issued shall be a sufficient authority to
apprehend within any part of the Federated Malay States the person
named therein and to bring him before the Magistrate who endorsed
or issued the warrant or some other Magistrate in the Federated
Malaj^ States to be dealt with according to the provisions of Part II
of the Imperial Act.
8. When an order is made in pursuance of Part II of the Imperial
Act that a person apprehended under Section 7 be returned to the
Colony or to an agreeing State and be for that purj)ose delivered
into the custody of the persons to whom the warrant is addressed or
any one or more of them, such person may be held in custody and
conveyed by sea or otherwise to the Colony or agreeing State in
which the warrant was issued.
9. (i) Where a person required to give evidence on behalf of
the prosecutor or defendant on a charge of an offence punishable by
law in the Colony or in an agreeing State is or is suspected of being
in or on his way to the Federated Malay States, and a Judge,
Magistrate, or other officer in the Colony or in such agreeing State, as
the case may be, who would have lawful authority to issue a sum-
mons requiring the attendance of such witness if such witness were
u-ithin his jurisdiction has issued a summons for the attendance of
such witness, a Magistrate in the Federated Malay States if satisfied
that the summons was issued by a Judge, Magistrate, or officer
having lawful authority as aforesaid may, if he think fit, endorse
the summons with his name, and the witness on service of the
summons, so endorsed, within the Federated Malay States and on
payment or tender of a reasonable amount for his expenses shall
obey the summons, and in default shall be liable to be tried and
punished in the State wherein the summons was endorsed and
shall be liable to the punishment imposed by law for the failure of
a witness to obey such a summons.
(ii) The expression " summons " in this section includes any
subpoena or other process for requiring the attendance of a witness.
TRIAL, ETC., OF OFFENCES.
10. A person accused of an offence committed on or Avithin the
distance of five hundred yards from the boundary between the
Federated Malay States and any British dominion may, in jjursu-
ance of the Imperial Act be apprehended, tried, and punished in the
Federated Malay States.
FUGITIVE OFFENDERS. 51
11. Where in any British Dominion an offence is committed on offences
any person or in respect of any property in or upon any carriage, j^oSmj ^'^"'^
cart, or vehicle whatsoever employed in a journey or on board any p^*."^®!^ ,
vessel whatsoever employed in a navigable river, lake, canal, or Malay states
inland navigation, and such carriage, cart, vehicle, or vessel passed dominion!^
in the course of the journey or voyage during which the offence was
committed through any part of the Federated Malay States, the
person accused of such offence may, in pursuance of the Imperial
Act be tried in the Federated Malay States ; and where the side,
bank, centre, or other part of the road, river, lake, canal, or inland
navigation along which the carriage, cart, vehicle, or vessel passed in
the course of such journey or voyage is the boundary of any part of
the Federated Malay States, a person may be tried for such offence
in the Federated Malay States.
12. A person accused of committing in any British dominion Trial of offence
the oft'ence (under whatever name it is known) of swearing or making s4eSng or
any false deijosition, or of giving or fabricating any false evidence, giving false
for the purposes of the Imperial Act or of this Enactment may, in
pursuance of the Imperial Act if such deposition or evidence is
used in the Federated Malay States, be tried in the Federated Malay
States.
13. Where any part of this Enactment or of the Imperial Act supplemental
provides for the trial in the Federated Malay States of a person triaifu°°'*^ °
accused of an offence committed outside the Federated Malay States, Stlr'^states for
such person may be tried in any of the said States and such offence offence
shall, for all purposes of and incidental to the apprehension, trial, and ehTwhere.
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 of
any police or other officer with reference to such offence, and to
any person accused of such offence, be deemed to have been com-
mitted in any of the Federated Malay States in which the person
accused of the offence is to be or is tried for it.
14. Where a warrant for the apprehension of a person accused issue of search
of an offence has been endorsed in the Federated Malay States as ^'*"*°*^-
provided by this Enactment or the Imperial Act or where this
Enactment or the Imperial Act j)rovides for the trial in the Federated
Malay States of a person accused of an offence committed outside
the Federated Malay States, every Court and Magistrate in the
Federated Malay States shall have the same power to issue a warrant
to search for any property alleged to be stolen or to be otherwise
unlawfully taken or obtained by such person or otherwise to be the
subject of such offence as that Court or Magistrate would have if
the property had been stolen or otherwise unlawfully taken or
obtained, or the offence had been committed, wholly within the
jurisdiction of such Court or Magistrate.
15. Where a prisoner is in legal custody in any of the Federated Bemovai of
Malay States either in pursuance of this Enactment or of the Imperial from'crae piaco
Act or otherwise and such person is required to be removed in pe^e°ated'"
custody to another place in any of the said States, such person, if a Malay states.
subject of any of the Rulers of the Federated Malay States, may be
removed in any vessel and, if not such a subject, may be removed in
52
No. 15 OF 1915.
Endorsement of
warrant.
Process un-
affected by
death or retire-
ment of officer
issuing it.
Conveyance of
fugitive or
prisoner and
witnesses by sea
to British
dominion.
Duty of master
of ship convey-
ing fugitive or
prisoner
returned to
Federated
Malay States.
any vessel belonging to any of the said Rulers or to His Britannic
Majesty or to any of their respective subjects and shall be deemed
to continue in legal custody until he reaches the place to which he is
required to be removed ; and the provisions of this Enactment and
of the Imperial Act A\ith respect to the retaking of a prisoner who has
escaped and with respect to the trial and punishment of a person
guilty of the offence of escaping or attempting to escape or of
abetting such offence shall apj)ly to the case of a prisoner escaping
while being lawfully removed as aforesaid in like manner as if he
were being removed in pursuance of a warrant issued or endorsed
in pursuance of the Imperial Act or of this Enactment.
SUPPLEMENTAL.
16. (i) An endorsement of a warrant in the Federated Malay
States as provided by this Enactment or the Imperial Act shall be
signed by the authority endorsing the same and shall 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 of the Federated Malay States to execute the warrant within
the Federated Malay States by apprehending the person named in it
and bringing him before some Magistrate in a specified State or in
any of the Federated Malay States, as the case may be, whether the
Magistrate named in the endorsement or some other Magistrate ;
such endorsement may be in the form in the second schedule.
(ii) For the purposes of this Enactment and of the Imperial Act
every warrant, summons, subpcena, and process and every endorse-
ment made in pursuance of this Enactment or of the Imperial Act
shall remain in force notwithstanding that the person signing the
warrant, process, or such endorsement dies or ceases to hold office.
17. (i) Where a fugitive or prisoner is ordered under the provisions
of this Enactment and of the Imperial Act to be returned to any
British dominion in pursuance of Part I or Part II of the Imperial
Act, such fugitive or prisoner may be sent thither in any ship
belonging to any of the Rulers of the Federated Malay States or to
His Britannic Majesty or to any of their respective subjects.
Provided that any such fugitive or prisoner being a subject of
any of the Rulers of the Federated Malay States may be sent thither
in any ship.
(ii) For the purpose aforesaid the authority signing a warrant
for the return may order the master of any ship belonging to any of
such subjects bound to the British dominion to which the fugitive or
prisoner is ordered to be returned to receive and afford a passage and
subsistence during the voyage to such fugitive or prisoner and to the
person having him in custody and to the witnesses, so that such
master be not required to receive more than one fugitive or prisoner
for every hundred tons of his ship's registered tonnage or more than
one witness for every fifty tons of such tonnage.
(iii) The master of every ship which shall bring to any place in
the Federated Malay States a fugitive or prisoner to whom a j)assage
thither on such ship has been afforded under the provisions of the
Imperial Act or of a law of any British dominion relating to the
return of fugitives or prisoners in pursuance of the Imperial Act
FUGITIVE OFFENDERS. 53
shall, on arrival at such place, if such fugitive or prisoner be not in
the custody of any person, cause him to be given into the custody of
a police officer.
(iv) Every master who fails, on payment or tender of a reasonable Penalty on
amount for expenses, to comply with an order made in pursuance "^^^ter of ship,
of sub-section (ii) or to cause any such fugitive or prisoner as is in
sub-section (iii) referred to to be given into custody as required by
that sub-section shall be liable on conviction to a fine not exceeding
four hundred dollars.
18. A fugitive or prisoner who is in the custody of a person acting Transit in
under a warrant issued or endorsed outside the Federated Malay thfpederS"^
States in pursuance of the Imperial Act, or of a law of any British Malay states.
dominion relating to the return of fugitives or prisoners in pursuance
of the Imperial Act, and who is being returned in pursuance of the
Imperial Act to a British dominion may> for the purpose of such
return, be held and conveyed in custody in and through the
Federated Malay States or any of them during such period as may
be reasonably necessary for the said purpose.
19. (i) If a prisoner escape, by breach of prison or otherwise, out Escape of
of the custody of a person acting under a warrant issued or endorsed cuSody^^*"^
in pursuance of the Imperial Act or of tliis Enactment or of a law of
any British dominion relating to the return of fugitives or prisoners
in pursuance of the Imperial Act, he may be taken in the same
manner as a person accused of an offence against the laws of the
Federated Malay States may be retaken upon an escape from lawful
custody,
(ii) A person guilty of the offence of escaping or attempting to
escape by breach of prison or otherwdse from custody under any
warrant issued or endorsed in pursuance of the Imperial Act or of
this Enactment or of a law of any British dominion relating to the
return of fugitives or prisoners in pursuance of the Imperial Act, or of
abetting any such offence, may, if the prisoner is being removed to
or from the Federated Malay States or escapes or attempts to escape
in the Federated Malay States or if the offender is found in the
Federated Malay States, be tried in the Federated Malay States.
20. Every article found in the possession, actual or constructive, Delivery of
of a fugitive or other person accused of an offence at the time of his fn posTessron'^
arrest which may be material as evidence in making proof of the of the fugitive
offence whereof he is accused may be delivered up with the fugitive person.
or person on his being returned, subject to all rights of third persons
with regard thereto.
-'&"
21. Where a person accused of an offence can by reason of the offences triable
nature of the offence or the place in which it was committed or Mafay sTat^es
otherwise be, under the Imperial Act or this Enactment or otherwise, ^^^ ^^p ^ise-
tried for or in respect of the offence both in the Federated Malay dominion.
States and also elsewhere in a British dominion, and a warrant for
the apprehension of such person is issued in the Federated Malay
States, such person may be apprehended in the Federated Malay
States and returned in pursuance of the Imperial Act, notwith-
54
No. 15 OF 1915.
Eemoval of
person triable
elsewhere in
British
dominion.
Sending back
of persons
removed to
Federated
Malay States if
not prosecuted
or acquitted.
Saving of pro-
visions of
Criminal
Procedure
Code.
standing that a Court in the Federated Malay States has jurisdiction
to try him.
22. (i) Where a person accused of an offence is in custody in the
Federated Malay States, and the offence is one for or in respect of
which, by reason of the nature thereof or of the place in which it was
committed or otherwise, a person may under the Imperial Act or
otherwise be tried elsewhere in a British dominion, and a warrant is
issued in accordance with the provisions of the Imj)erial Act directing
the removal of such offender to some other British dominion in
which he can be tried, the offender may be returned accordingly,
(ii) Where in pursuance of the provisions of the Imperial Act a
person accused of an offence triable in the Federated Malay States is
removed from any British dominion to the Federated Malay States
on the ground that, having regard to the place where the witnesses
for the prosecution and the defence are to be found and to all the
circumstances of the case, such removal is conducive to the interests
of justice, such person, if not prosecuted or acquitted in the
Federated Malaj^ States, may be sent back free of cost in like
manner as if he had been returned to the Federated Malay States
in pursuance of Part I of the Imperial Act.
23. Nothing in this Enactment contained shall affect any
provision of the Criminal Procedure Code in force in any of the
Federated Malay States relating to the service or execution in any
of the said States of any summons or warrant issued in any other of
the said States.
First Schedule.
ENACTMENTS REPEALED.
I. — STATE ENACTMENTS.
State.
No. and
year.
Short title.
Extent of repeal.
Perak . .
14 of 1903
The Criminal
Fugitives Sur-
render Enact-
ment, 1903
The whole
Selangor
14 of 1903
Do.
J>
Negri Sembilan
20 of 1903
Do.
>J
Pahang
13 of 1903
Do.
II
Perak
29 of 1904
The Straits
The whole in so far
Settlements
as not already re-
Offenders En-
pealed
actment, 1904
Selangor
26 of 1904
Do.
The whole
Negri Sembilan
27 of 1904
Do.
The whole in so far
as not already re-
pealed
Pahang
18 of 1904
Do.
The whole
FUGITIVE OFFENDERS.
55
II. — FEDERAL ENACTMENTS.
No. and
year.
Short title.
Extent of repeal.
11 of 1912
The Fugitive Offenders Enact-
ment, 1912
The whole
Second Schedule.
FORM OF ENDORSEMENT OF WARRANT.
To A. B., Deputy Commissioner of Police, and [names of other
particular officers], and all other Police Officers of the Federated
Malay States, and also to all the persons to whom the within warrant
is directed. You are hereby authorized to execute this warrant
within the Federated Malay States and to apprehend the said
named herein and to bring him before the Magistrate at or
some other Magistrate in the FedemS M;iaV states ^^ be dealt with
according to law.
Resident.
Magistrate.
ENACTMENT NO. 16 OF 1915.
An Enactment for the Incorporation of the Titular
Roman Cathohc Bishop of Malacca.
Arthur Young,
President of the Federal Council.
[27th November, 1915.
3rd December, 1915.]
Short title and
commence-
ment.
The Eoman
Catholic Bishop
of Malacca to
be a body
corporate.
Vesting of
property.
Use of the
corporate seal.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Titular Roman CathoHc
Bishop of Malacca Incorporation Enactment, 1915," and shall come
into force on the pubUcation thereof in the Gazette.
2. The Bishop of Malacca incorporated in the Colony by Ordinance
No. XV of 1910 shall be a body corporate and shall by the name
of " The Titular Roman Catholic Bishop of Malacca '" 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 Corpora-
tion is hereby empowered 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, re-assign,
transfer, or otherwise dispose of any movable or immovable property
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 property within the Federated Malay States
heretofore granted, leased, transferred, transmitted to or otherwise
vested in " The Bishop of Malacca," whether with or without the
name of the Ecclesiastic for the time being holding the office, and
whether with or without the addition of the words " Titular Roman
Catholic " or " resident in the Straits Settlements," 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 Roman Catholic Bishop of Malacca
for the tune 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.
66
ENACTMENT NO. 17 OF 1915.
An Enactment to provide for control of the Printing and
Publication of periodical and other works and for
the preservation and registration of Books.
Arthur Young, [27th November, 1915.
President of the Federal Council. 1st January, 1916.]
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 Printing and Books s^^'j^^jj^^^jj^gj^^
Enactment, 1915," and shall come into force upon the publication and^eplal^^" '
thereof in the Gazette.
(ii) Upon the coming into force of this Enactment the Enactments
specified in the schedule shall be repealed.
3. In this Enactment, unless the context otherwise requires,
"book" includes every volume, part or division of a volume, interpretation.
pamphlet, newspaper, sheet of music, map, chart or plan separately
produced, but does not include price lists, trade circulars, trade
advertisements, or other legal or business documents ;
" printed," as applied to books, means produced by printing,
lithography, or any other like process, and "printer" has a
corresponding meaning.
3. (i) No printed periodical work whatever containing public news printing and
or comments on public news shall be published unless the provisions newspape^."^
of this section shall have been complied with in respect thereof.
(ii) The printer and the publisher of every such periodical work
shall appear before a Magistrate of the State within which such
work shall be published and shall make and subscribe in duplicate the
following declaration :
"I, A. B., declare that I am the printer [or publisher or
printer and publisher] of the periodical work entitled
and printed [or published or printed and
published] at "
The last blank in this form of declaration shall be filled up with a
true and precise account of the premises where the printing or
publication is conducted.
(iii) As often as the place of printing or publication is changed a
new declaration shall be made.
(iv) As often as the printer or the publisher who shall have made
such declaration as aforesaid shall leave the Federated Malay States
57
58
No. 17 OF 1915.
Penalty,
Declarations
to be deposited
in Maiiistrate's
Court and
Supreme Court.
OflBce copy of
declaration to
be evidence.
Procedure
when persona
who have sub-
scribed declara-
tions cease to
be printers or
publishers.
a new declaration shall be made by a printer or publisher resident
within the Federated Malay States.
4. Any person who shall
(a) print or publish any such periodical work as is referred to
in Section 3 without complying with the requirements of
the said section, or
(6) print or publish or cause to be printed or published any
such periodical work knowing that the requirements of
the said section have not been complied with in respect
of such work,
shall be liable to a fine not exceeding two thousand five hundred
dollars and to simple imprisonment for a term not exceeding two
years.
5. (i) Each of the two originals of every declaration made and
subscribed in accordance with Section 3 shall be authenticated by
the signature and official seal of the Magistrate before whom the
said declaration shall have been made, and one of the said originals
shall be deposited among the records of the office of the Magistrate
and the other original shall be deposited among the records of the
Supreme Court.
(ii) The officer in charge of each original shall allow any person
to inspect that original on payment of a fee of fifty cents and shall
give to any person applying a copy of the said declaration, attested
by the seal of the Court which has the custody of the original, on
payment of a fee of one dollar.
6. Subject to the provisions of Section 7, in any legal proceeding
whatever, whether civil or criminal, a copy of such a declaration as is
referred to in Section 3 attested by the seal of some Court empowered
by this Enactment to have the custody of such declarations shall
(unless the contrary be proved) be sufficient evidence, as against the
person whose name shall be subscribed to such declaration, that the
said person was printer or publisher or printer and publisher (accord-
ing as the words of the said declaration may be) of every portion of
every periodical work whereof the title shall correspond with the
title of the periodical work mentioned in the declaration.
7. (i) Any person who may have subscribed such declaration as
is referred to in Section 3 and who may subsequently cease to be the
printer or publisher of the periodical work mentioned in such
declaration may appear before any Magistrate in the Federated
Malay States and make and subscribe in duplicate the following
declaration :
" I, A. B., declare that I have ceased to be the printer [or
publisher or printer and publisher] of the periodical
work entitled "
(ii) Each of the two originals of the latter declaration shall be
authenticated by the signature and seal of the Magistrate before
whom the same shall have been made, and one original thereof shall
be filed along with each oricrinal of the former declaration.
PRINTING AND BOOKS.
59
(iii) The officer in charge of each original of the latter declaration
shall allow any person applying to inspect that original on payment
of a fee of fifty cents and shall give to any person appljdng a copy of
the said latter declaration, attested by the seal of the Court which
has the custody of the original, on payment of a fee of one dollar.
(iv) In any legal proceeding in which a copy, attested as afore-
said, of the former declaration shall have been put in evidence it
shall be lawful to put in evidence a copy, attested as aforesaid, of the
latter declaration ; and the former declaration shall not be taken to
be evidence that the declarant was at any period subsequent to the
date of the latter declaration printer or publisher of the periodical
work therein mentioned.
8. (i) Every book or paper printed or published within the Name and
Federated Malay States shall bear upon the front page, if the same pri^tefa"ud
be printed on one side only or upon the first or last leaf if the book publisher to
or paper shall consist of more than one leaf, in legible characters in aud papers.
the English language the name and address of the printer and of the
publisher and the place of printing and of publication.
(ii) Any person who shall print or publish any book or paper
otherwise than in conformity with the provisions of this section shall
be liable to a fine not exceeding two thousand five hundred dollars
and to simple imprisonment for a term not exceeding two years.
9. (i) No person shall keep in his possession any press for the No printing
printing of books or papers who shall not have made and subscribed ^^^° ^^ ^^^^
before a Magistrate of the State wherein such press may be the declaration
following declaration :
" I, A. B., declare that I have a press for printing at "
The last blank in this form of declaration shall be filled up with a
true and precise description of the premises where such press may be.
(ii) Any person who shall keep in his possession any such press
without making such declaration as is prescribed by sub-section (i)
shall be liable to a fine not exceeding two thousand five hundred
dollars and to simple imprisonment for a term not exceeding two
years.
10. Any person who shall in making any declaration under the penalty for
provisions of this Enactment knowingl}' affirm an untruth shall be ^^i^ation.
liable to a fine not exceeding two thousand five hundred dollars and
to simple imprisonment for a term not exceeding two years.
11. (i) Two printed copies of the whole of every book which is Two copies of
printed or published in the Federated Malay States after the defivere'd'to
commencement of this Enactment together with all maps, prints, or Government.
other engravings belonging thereto, finished and coloured in the
same manner as the best copies of the same are produced, and also
of any second or subsequent edition which is so produced with any
additions or alterations, whether the same be in letterpress or in the
maps, prints, or other engravings belonging thereto and whether the
first edition of such book be produced before or after the com-
mencement of this Enactment, shall within one calendar month
after the day on which any such book is first delivered out of the
60
No. 17 OF 1915.
Disposal of the
two copies.
Eegistration of
memoranda of
books.
Publication of
memoranda
registered.
Penalty for non-
delivery of
books by printer
or publisher.
press, and notwithstanding any agreement (if the book be pubHshed)
between the printer and pubHsher thereof, be delivered free of charge
by the printer or publisher bound, sewed or stitched together and
upon the best paper on which the same is printed at such place and
to such officer as the Chief Secretary to Government, by notification
in the Gazette, from time to time directs.
(ii) The publisher or other person employing the printer shall
within a reasonable time before the expiration of the said month
supply the printer with all maps, prints, and engravings, finished and
coloured as aforesaid, which may be necessary to enable him to
comply with the requirements of this section.
(iii) The officer to whom any copies of books are delivered under
the provisions of this section shall give a receipt in writing for the
same.
12. One of such copies shall be transmitted to the Trustees of the
British Museum in London and the other copy shall be deposited in
the Government Museum at Kuala Lumpur in the State of Selangor.
13. There shall be kept at the said Government Museum at Kuala
Lumpur a book, to be called " A Catalogue of Books printed or
published in the Federated Malay States," wherein shall be registered,
as soon as may be after the delivery of any book under the provisions
of this Enactment, a memorandum of such book, which memor-
andum shall (so far as may be practicable) contain the following
particulars — that is to say :
(1) The title of the book and the contents of the title page, with
a translation into English of such title and contents when
the same are not in the English language ;
(2) The language in which the book is written ;
(3) The name of the author, translator, or editor of the book ;
(4) The subject ;
(5) The place of printing and the place of publication ;
(6) The name or firm of the printer and the name or firm of the
publisher ;
(7) The date of issue from the press or of the publication ;
(8) The number of sheets, leaves, or pages ;
(9) The size ;
(10) The number of the edition ;
(11) The number of copies of which the edition consists ; and
(12) The price at which the book is sold to the public.
14. The memoranda registered during each quarter in the said
catalogue shall be published in the Gazette as soon as may be after
the end of each quarter.
15. Every printer or publisher who neglects to deliver two copies
of any such book as is referred to in Section 11, or of any second
or subsequent edition of any such book, to the officer and in the
manner hereinbefore prescribed shall be liable to a fine not exceeding
twenty-five dollars.
PRINTING AND BOOKS.
61
16. Every publisher or other person employing any such printer Penalty for non-
who neglects to suj)ply him in manner aforesaid with any map, l^.^bl"^ '"*^^'
print, or engraving, finished and coloured as aforesaid, which may publisher to
be necessary to enable such printer to comply with the provisions ^"'^ ^'^'
of this Enactment shall be liable to a fine not exceeding twenty-five
dollars.
17. The Chief Secretary to Government may from time to time Rules.
make rules for carrjdng out the objects of this Enactment.
18. (i) The Chief Secretary to Government may by notification Exclusion o£
in the Gazette exclude any class of books or papers from the opera- operation'of
ti on of the whole or any part or parts of this Enactment.
(ii) This Enactment does not apply to books or papers printed
by the Government Printing Department for or on behalf of the
Chief Secretary to Government or the Government of the Federated
Malay States or of any of them.
this Enact-
ment.
Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Perak
Selangor. .
Order in Council
No. 17 of 1895
Enactment
No. 6 of 1898
Book Registration Order in Council,
1895
Book Registration Enactment, 1898
ENACTMENT NO. 20 OF 1915.
An Enactment to provide for the receipt in the Federated
Malay States of certain notices of marriage under the
Foreign Marriage Act, 1892, of the United Kingdom.
Arthur Young,
President of the Federal Council.
[27th November, 1915.
10th November, 1916.]
Short title and
commence-
ment.
Appointment ol
an officer to
receive notices
of marriage,
and his duties.
Whereas by regulations contained in an Order made by His
Britannic Majesty in Council under the provisions of " The Foreign
Marriage Act, 1892," of the United Kingdom and entitled " The
Foreign Marriages Order in Council, 1913," provision is made for
the procedure to be followed in cases where a marriage is intended
to be solemnized under the said Act but the requirements of Section
2 of the said Act in respect of the residence of both of the parties
have not been complied with :
And whereas by Article 13 of the said Order in Council it is
provided that if the place in a foreign country at which the non-
resident party has dwelt is not within the district of a marriage
officer, the notice to be given by that party may be given to any
person authorized by the Secretary of State to receive such notices ;
and such person may receive, enter, and post up such notice and
give a certificate that the notice has been so given and posted up
and that he is unaware of any impediment, as if he were a marriage
officer :
And whereas the Federated Malay States are not within the
district of a marriage officer, within the meaning of the said Article
13, and it is expedient to provide for the appointment of a person
to receive in the Federated Malay States such notices as are referred
to in the said Article 13 and to deal with them in the manner thereby
authorized :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Foreign Marriage
Notice Enactment, 1915," and shall come into force on the publica-
tion thereof in the Gazette.
2. (i) Subject to the provisions of Section 3, the Chief Secretary
to Government may from time to time by notification in the Gazette
appoint any public officer serving in the Federated Malay States to
be the proper person to receive any such notice as is by Article 13
of " The Foreign Marriages Order in Council, 1913," authorized to
be given by a party to a marriage intended to be solemnized under
" The Foreign Marriage Act, 1892," in a place outside the Federated
62
RECEIPT OF NOTICES OF MARRIAGE. 63
Malay States when the place at which such party has dwelt is
situate in the Federated Malay States.
(ii) The notice to be given shall be signed by the party intending
marriage who gives the notice and shall state the name, surname,
profession, condition, and residence of each of the parties and
whether each of the parties is or is not a minor.
(iii) An officer appointed under sub-section (i) shall on receiving
any such notice as aforesaid file the same and keep it with the
archives of his office and shall also, on payment of the prescribed
fee, forthwith enter in a book of notices to be kept by him for the
purpose, and post up in some conspicuous place in his office, a true
copy of such notice and shall keep the same so posted up during
fourteen consecutive days before the marriage is solemnized.
(iv) The said book and copy shall be open at all reasonable times,
without fee, to the inspection of any person.
(v) An officer appointed under sub-section (i) to whom such
notice as aforesaid has been given shall on payment of the prescribed
fee give a certificate that the notice has been so given and posted
up and that he is unaware of any impediment which should
obstruct the solemnization of the marriage.
3. No officer shall be appointed under Section 2 without the Sanction of
sanction of one of His Britannic Majesty's Princii^al Secretaries of ltate!^'^°^
State, and such sanction so given to any appointment shall be
notified in the Gazette when the appointment is published.
4. The Chief Secretary to Government may by notification in the Fees.
Gazette prescribe the fees to be taken under this Enactment and the
mode of disj^osal thereof.
ENACTMENT NO. 21 OF 1915.
An Enactment to provide for the registration of certain
residents in tlie Federated Malay States for the purpose
of military training and for the estabHshment of a
Reserve Force to the Volmiteer Force and of a Civil
Guard.
Arthur Young,
President of the Federal Council.
[2nd December, 1915.
6th December, 1915.]
Short title and
commence-
ment.
Interpretation.
Eegistration of
certain British
subjects.
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 Reserve Force and
Civil Guard Enactment, 1915,'' and shall come into force on the
publication thereof in the Gazette.
(ii) For the purposes of this Enactment persons employed under
Section 17 of the Police Force Enactments, 1905, shall not be
deemed to be members of the Police Force of the Federated Malay
States.
REGISTRATION.
2. (i) Every male British subject of pure European descent who
is eighteen and less than fifty-five years of age resident in the
Federated Malay States on the commencement of this Enactment
shall within fourteen days thereafter, and every such person arriving
in the Federated Malay States after the commencement of this
Enactment shall within two months after arrival, make a return
signed by him to the Chief Police Officer of the State in which he is
residing of his name, place of birth, age, residence, occupation,
military service, if any, and date of arrival in the Federated Malay
States, if such arrival was after the" commencement of this Enact-
ment, according to the form in Schedule A.
(ii) Every such person who shall change his place of residence
from one State to another State shall within fourteen days there-
after notify such change in writing to the Chief Police Officer of
each such State.
(iii) Every such person who within any State shall change his
place of rc^sidence from or to any area in respect of which a notifica-
tion under Section 3 or Section 5 is in force shall within fourteen
days thereafter notify such change in writing to the Chief Police
Officer of such State.
(iv) Any person who fails to comply with the requirements of
this section shall be liable to a fine not exceeding twenty-five
dollars for every day during which the default continues.
64
RESERVE FORCE AND CIVIL GUARD. 65
(v) This section shall not apply to members of His Britannic
Majesty's Navy or Army or of the Volunteer or Police Force of the
Federated Malay States or of their Reserves, and sub-section (i)
shall not apply to members of the existing Civil Guards who are
forty years of age or over.
RESERVE FORCE.
3. (i) Subject to the provisions hereinafter mentioned every male Liability of
British subject of pure European descent who is eighteen and less sub^ects^who'^
than forty years of age in any State or any area thereof shall be are eighteen
^IIQ less Lllcill
liable, whenever it is notified in the Gazette that the Resident of forty years
such State intends to estabUsh a Reserve Force to the Volunteer gervl'^inVe
Force and to call out men to undergo military training in such State Reserve Force
-_-^ -I or to iiii(lGr*''0
or area, to serve as a member of such Reserve Force or to undergo military train-
such military training as may be prescribed by regulations made *°^"
under this Enactment.
(ii) As soon as the notification appears in the Gazette and at any
time thereafter while such notification is in force the Chief PoHce
Officer of the State to which the notification relates shall forward
to the Adjutant to the Volunteer Force or to any other officer
appointed by the Resident of such State a list containing the names
of those persons resident in such State or in the area thereof to
which the notification relates, as the case may be, who apjoear
from the returns made under Section 2 to be under the age of
forty years.
(iii) The Adjutant to the Volunteer Force or such other officer
shall summon before him in writing in the form in Schedule B such
number as may from time to time be fixed by the Resident of such
State of the persons Avhose names are on such list.
(iv) Any person summoned in any State shall be exempt from
the liability imposed by sub-section (i) who
(a) is a member of His Britannic Majesty's Navy or Army or
of the Volunteer or Police Force of the Federated Malay
States or of their Reserves (other than the said Reserve
Force) ;
(6) by reason of sickness or other infirmity appears to the
Committee appointed for such State under this Enact-
ment to be incapable of performing the duties of a member
of the Reserve Force or of undergoing military training ;
(c) is exempted by such Committee ; or
{(l) is exempted by the Resident of such State,
(v) Every person summoned who is not exemjDt under sub-section
(iv) shall in the presence of the Adjutant or such other officer elect
to serve as a member of such Reserve Force or to undergo the
prescribed military training.
(vi) Every person summoned who elects to serve as a member
of such Reserve Force shall take the oath or make the declaration
set forth in Schedule C to be administered by the Adjutant or such
other officer or by any officer who has taken such oath or made
such declaration. ;^^'^''''lt*',°° ?*
" Tlie Volunteer
4. The provisions of " The Volunteer Enactment, 1913," except f9'\^J:"t'J'*'
Sections 3, 5, 6, 7, 8, and 26 and of the regulations thereunder shall Keserve Force.
Ill — 5
66
No. 21 OF 1915.
apply to members of the Reserve Force in the same way as if they
were members of the Volunteer Force.
Liability of
certain British
subjects who
are eighteen
and less than
fifty-five years
of age to
serve in the Civil
Guard.
Powers of Civil
Quard.
Control of Civil
Quard.
Appointment ol
instructors.
Supply of
arms, etc., by
Goverument.
CIVIL GUARD.
5. (i) Every male British subject of pure European descent who
being eighteen and less than forty years of age is not for the time
being subject to the liability imposed by Section 3 (i) and every
such subject who is forty and less than fifty-five years of age in
any State or any area thereof shall be liable, whenever it is notified
in the Gazette that the Resident of such State intends to establish
a Civil Guard in such State or area or to apply this Enactment to
an existing Civil Guard in such State or area, to serve as a member
of such Civil Guard.
(ii) As soon as the notification appears in the Gazette and at any
time thereafter while such notification is in force, the Chief Police
Officer of the State to which the notification relates shall summon
before him in writing in the form in Schedule B such number as
may from time to time be fixed by the Resident of such State of
the persons liable to serve as members of the Civil Guard in such
State or area.
(iii) Any person summoned in any State shall be exempt from
such service who
(a) is a member of His Britannic Majesty's Navy or Army or
of the Volunteer or Police Force of the Federated Malay
States or of their Reserves ;
(h) by reason of sickness or other infirmity appears to the
Committee appointed for such State under this Enact-
ment to be incapable of performing the duties of a member
of a Civil Guard ;
(c) is exempted by such Committee ; or
{d) is exempted by the Resident of such State,
(iv) Every person summoned who is not exempt under sub-
section (iii) shall take the oath or make the declaration set forth
in Schedule C to be administered by the Chief Police Officer.
6. Every member of the Civil Guard shall have the same powers
for the preservation of the peace, the prevention of offences, the
apjirehension of offenders and for all other purposes and shall enjoy
the same privileges, protection, and immunities as the members of
the Police Force engaged under the Police Force Enactments, 1905,
except as to pay, pension, or other reward.
7. The Civil Guard in each State, or area of a State, shall be
under the control of the Chief Police Officer of such State and of
such other officers as the Resident of such State may appoint in
that behalf.
8. The Chief Police Officer in each State may from time to time
appoint suitable persons to be instructors of the Civil Guard, who
shall give instructions in musketry and in squad drill to the
members of tlie Civil Guard.
9. Such arms, ammunition, ai)pointmcnts, and clothing as the
Chief Secretary to Government directs shall be supplied by the
Government for the use of each member of the Civil Guard.
RESERVE FORCE AND CIVIL GUARD. 67
MISCELLANEOUS.
10. In each State a Committee consisting of the Officer for the Appointment of
time being commanding the troops in the Colony or an officer Committee.
deputed by him and of the officer for the time being acting as
Commissioner of Pohce or an officer deputed by him and of not
more than five and not less than three persons to be appointed
by the Resident of the State shall discharge the duties imposed on
such Committee by this Enactment and by any regulations made
thereunder.
11. (i) The Chief Secretary to Government may make regulations Eeguiations.
(a) prescribing the duties to be performed by Committees
appointed under this Enactment ;
(b) with respect to the training, discipline, duties, leave, and
discharge of members of a Reserve Force and Civil Guard
and of those persons who have elected to undergo the
prescribed mihtary training ;
(c) with respect to the supply of arms, ammunition, apj)oint-
ments, and clothing to such members and persons ;
{d) generally for carrjdng this Enactment into effect,
(ii) A copy of such regulations shall be furnished to every member
of a Reserve Force and Civil Guard and to every person who has
elected to undergo the prescribed military training.
13. Any person summoned under Section 3 (iii) or Section 5 (ii) penalty for
who without reasonable excuse omits to appear at the place specified g^^fonl"''^^
in the summons shall be liable to a fine not exceeding twenty-five
dollars.
13. Any person summoned who is not exempt under Section 3 (iv) penalty for
or Section 5 (iii) and who refuses to elect as required by Section 3 (v) ^f^ tike oath
or to take the oath or make the declaration as a member of or make
such Reserve Force or Civil Guard shall be liable to imprisonment
of either description for a term not exceeding two months or to a
fine not exceeding one hundred dollars or to both such imprison-
ment and fine.
14. (i) Any member of a Reserve Force or Civil Guard called upon penalty for
to serve, who without reasonable excuse neglects or refuses to serve ordersf °°
or to obey any lawful orders, regulations, or directions, shall be liable
to imprisonment of either description for a term not exceeding two
months or to fine not exceeding one hundred dollars or to both such
imprisonment and fine.
(ii) Any person who, having elected to undergo military training,
neglects or refuses without reasonable excuse to obey any lawful
orders, regulations, or directions shall be liable to the punishment
prescribed in sub-section (i).
15. (i) All arms, ammunition, appointments, and clothing supplied Penai^for
at the public expense and issued to any member of a Reserve Force detention, sale,
or Civil Guard or to anyone undergoing military training in any p^'^erty?''''^
State shall be and remain the property of the Government and shall
be produced, exhibited, and delivered to any person authorizad by
the Resident of such State to inspect or receive the same.
(ii) if any person wilfully makes away with, sells, pawns, wrong-
fully destroys or damages, or negligently loses anything issued to
68
No. 21 OF 1915.
Penalty for
purchase, etc.,
of public
property.
Offers of
service.
Transfer to
Volunteers.
him as a member of a Reserve Force or Civil Guard or as a person
who has elected to undergo military training, or refuses or neglects
when lawfully required to produce, exhibit, or deliver on demand
any thing which he is liable under this Enactment to produce,
exhibit, or deliver, the value thereof shall be recoverable from him
before the Court of a Magistrate of the First Class, exercising criminal
jurisdiction, as if it were a fine, by the Adjutant of the Volunteer
Force or the Chief Police Officer of the State or area, and he shall
also be liable to a fine not exceeding fifty dollars.
16. Any person who
(a) knowingly buys or takes in exchange or in pawn from any
member of a Reserve Force or Civil Guard or person
acting on his behalf or from any person who has elected to
undergo military training, or
(6) solicits or entices any such member or person to sell or
pawn, or
(c) knowingly assists or acts for any such member or person in
selling or pawning, or
(d) has in his possession or keeping, without satisfactorily
accounting therefor,
any arms, ammunition, appointments, clothing, or other articles,
being public property, shall be liable to a fine not exceeding fifty
dollars for every such ofi^ence.
17. Nothing in this Enactment shall be taken to prohibit the
Resident of any State from accepting the services of any British
subject or other person within the prescribed ages who offers to serve
as a member of a Reserve Force or Civil Guard.
18. Any person who for the time being is a member of a Reserve
Force or Civil Guard or is undergoing military training under this
Enactment may join the Volunteer Force in any State provided he
obtains the written sanction of the Commandant thereof, and there-
after upon taking the oath and signing the form of enrolment
provided in " The Volunteer Enactment, 1913," he shall so long as he
continues to be a member of such Volunteer Force cease to be
subject to this Enactment.
Schedule A.
Name.
Place
of
birth.
Age.
Residence.
Occupa-
tion.
Military
service
(if any).
Date of arrival
in F.M.S., if
subsequent to
commencement
of Enactment.
Dated this day of 19 .
(Signature.)
RESERVE FORCE AND CIVIL GUARD. 69
Schedule B.
To
Whereas the Resident of the State of has notified in the
Gazette that it is his intention to estabhsh a Reserve Force to the
Volunteer Force and to call out men to undergo military training [or
to estabhsh a Civil Guard or to apply " The Reserve Force and Civil
Guard Enactment, 1915," to the existing Civil Guard) in the said
State {or in the area of )
This is therefore to require you to attend at on Herein
fail not.
Given at this day of , 19 . .
Adjutant of Volunteer Force or other Officer
or
Chief Police Officer.
Schedule C.
1, Oath to be taken by members of the Reserve Force and Civil
Guard.
I {insert the name, address, and occupation of the member) sincerely
promise and swear that I will faithfully serve in the Reserve Force or
Civil Guard under " The Reserve Force and Civil Guard Enactment,
1915."
So help me God.
Dated the day of , 19. . .
Before me {Signature .)
Adjutant of Volunteer Force or other Officer
or
Chief Police Officer,
2. Declaration to be made by members of the Reserve Force and
Civil Guard,
I {insert the name, address, and occupation of the member) do
solemnly, sincerely, and truly declare that I will faithfully serve in
the Reserve Force or Civil Guard under " The Reserve Force and
Civil Guard Enactment, 1915."
Dated the day of , 19. .
Before me {Signature.)
Adjutant of Volunteer Force or other Officer
or
Chief Police Officer.
ENACTMENT NO. 27 OF 1915.
As amended by Fed. E. 15 of 1920.
Short title and
commence-
ment.
Planters' Loans
Fund.
E. 15 of 1920.
Control of
Fund.
The Planters'
Loans Board ;
Incorporation ;
membership ;
Bale.
An Enactment to incorporate a Board to manage loans
by the Government for agricultural furfoses and to
provide for certain terms of such loans.
Arthur Young,
President of the Federal Council.
[2nd December, 1915.
4th December, 1915.]
Whereas the Government has set apart the sum of four million
dollars of public money for the making of loans to Planters on the
security of lands situate in the Federated Malay States : And
WHEREAS a portion of the said sum has been utilized in the making
of such loans as aforesaid some of which have been repaid in whole
or in part and it is expedient to vest in a Board to be constituted
under this Enactment the rights of the Government in respect of the
control and management of the loans so made and of the sums which
have been and shall be repaid on account thereof and of the balance
of the said sum of four million dollars remaining available for the
making of such loans as aforesaid and of all sums accrued or to accrue
due by way of interest on loans made or to be made from the said
sum, in so far as such sums have not been already credited to the
public revenue :
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 Loans Fund
Enactment, 1915," and shall come into force on such day as shall be
appointed by the Chief Secretary to Government (hereinafter
referred to as the " Chief Secretary ") by notification in the Gazette.
2. A fund shall be established to be called the " Planters' Loans
Fund " (hereinafter referred to as " the Fund ") the capital whereof
shall be the sum of fcnir million dollars hereinbefore referred to.
The capital of the Fund may at any time be increased by resolution of
the Federal Council.
3. The control and management of the Fund shall, subject to the
provisions of tliis Enactment, be vested on behalf of the Government
in a Board consisting of not less than three persons or more than
seven persons.
4. (i) The Board shall be a body corporate and shall by the name
of "The Planters' Loans Board" have continuous succession and
planters' loans fund. 71
shall and may have and use a common seal and may acquire, hold,
dispose of, and deal with movable and immovable property and by
the said name may sue and be sued in all Courts and in all manner
of suits and proceedings and may do all other matters and things
incidental or appertaining to a body corporate and not inconsistent
with the provisions of this Enactment.
(ii) The members of the Board shall be such persons as may be
nominated in that behalf from time to time by the Chief Secretary ;
of the members to be so nominated not more than half shall
be officers employed in the public service. The Chairman of the
Board shall be a member nominated as Chairman by the Chief
Secretary. All nominations under this section shall be published
in the Gazette.
(iii) Members of the Board nominated by the Chief Secretary
under this section 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.
Any member who shall leave the Federated Malay States with the
intention of being absent therefrom for a period exceeding two
months or who shall be absent from the said States for a period
exceeding two months shall be deemed to have resigned his member-
ship. Any member may at any time be removed from the Board
or from the chairmanship thereof by the Chief Secretary by notifica-
tion in the Gazette.
(iv) The common seal of the Board shall not be used except by the
authority of the Board. Every document requiring the seal of the
Board shall be sealed with its common seal in the presence of any one
member of the Board and the Secretary to the Board, each of whom
shall also sign such document, and such signing shall be sufficient
evidence that the said seal was duly affixed by authority of the Board
and that the same is the lawful seal of the Board.
(v) Any question or resolution arising or put forward at any
meeting of the Board shall be decided by a majority of votes, and in
case of an equality of votes the Chairman shall have a second or
casting vote ; any question or resolution so decided as aforesaid
shall be deemed to be a decision or resolution of the Board.
5. (i) The capital of the Fund shall be paid over by the Treasurer, Payment over
Federated Malay States, (hereinafter referred to as " the Treasurer,") PundTdisposai
to the Board in such instalments as may from time to time be of interest.
necessary for the purposes of this Enactment.
(ii) The Board shall pay to the Treasurer half yearly during the
months of January and July in each year such part, not being more
than three-quarters, of the interest payable to and received by the
Board in respect of all capital of the Fund as may be fixed from time
to time by the Chief Secretary and notified to the Board.
(iii) The difference between the amount of interest payable to
and received by the Board in pursuance of the provisions of this
Enactment and the interest payable by the Board to the Treasurer
72
No. 27 OF 1915.
Transfer to the
Board of the
control of
certain existing
loans.
rower of Board
to make loans.
E. 15 of 1020.
Restrirtions on
(lower to make
loans.
under this section shall be allocated at the discretion of the
Board to
(a) payment of necessary expenses incidental to the exercise
and performance of the powers and duties of the Board
under this Enactment, and
(&) the constitution of a Reserve Fund.
(iv) The moneys constituting the Reserve Fund may be utilized
for reimbursing to the Fund the amount of any losses arising from
principal or interest due to the Board on account of any loan which
may be unpaid and irrecoverable, for investment in any securities
approved by the High Commissioner and for any other purpose
which the Chief Secretary may specially authorize in writing.
6. The loans made by the Government which are secured by the
charges on land specified in the schedule hereto and which are
hereinafter called " the scheduled loans " shall on the commence-
ment of this Enactment pass under the control and management
of the Board, and all powers and rights of the Government of the
Federated Malay States or of any of them or of the Chief Secretary
or of the Resident of any State in respect of the said loans and in
respect of the charges whereby the same are secured, whether such
powers or rights be expressed in the charges or implied by virtue
of "The Government Loans Security Enactment, 1910," or other-
wise, shall be transferred to and vest in and may be exercised by the
Board and such loans and charges shall be controlled and managed
by the Board and be subject to the provisions of this Enactment,
and more particularly the undertakings set out in paragraphs (d)
and (c) of Section 11 of this Enactment shall, in lieu of the under-
takings set out in paragraphs (d) and (e) of Section 3 of " The Govern-
ment Loans Security Enactment, 1910," be implied in the charges
whereby the scheduled loans are secured and Sections 12 (ii), 18 (ii),
and 23 of this Enactment shall in lieu of Sections 4 (ii), 9 (ii), and 10,
respectively, of " The Government Loans Security Enactment,
1910," apply to the scheduled loans and to the lands charged as
security therefor ; provided that, except as aforesaid, nothing in
this Enactment contained shall in respect of the scheduled loans or
the charges whereby the same are secured impose on any person or
create in respect of any property any obligation or liability greater
than would have attached to such person or property if this
Enactment had not been passed.
7. Subject to the provisions of this Enactment, the B(\ard may
in its discretion make loans from the Fund for agricultural purposes
to Co-operative Societies and to Planters.
8. (i) No loan the amount whereof exceeds fifty thousand dollars
or the making whereof will cause the aggregate debt of the borrower
to the Board to exceed fifty thousand dollars shall be made from the
Fund except with the written approval of the Chief Secretary.
(ii) No loan shall be made from the Fund excejit for the benefit
of land situated in the Federated Malay States.
planters' loans fund. 73
(iii) If and so often as it shall have been resolved by the Federal
Council that after a date to be specified in the resolution no loan
shall be made from the Fund in respect of land which
(a) has after a date to be specified in the resolution been
cultivated, or
(b) is proposed to be cultivated
with products to be specified in the resolution, then so long as such
resolution remains unrescinded no loan shall be made from the Fund
which would contravene the terms thereof.
(iv) Except to Co-operative Societies no loan shall be made from
the Fund except upon the security of a charge of land situated in the
Federated Malay States expressed to be executed in pursuance of
the provisions of this Enactment, nor if the land so charged or to be
charged by way of security is subject to any charge, mortgage, or
other encumbrance not being a charge in favour of the Government
of the Federated Malay States or of any of them, the Chief Secretary,
the Resident of any State, or the Board.
8a. Notwithstandifig amjtJmig in this Enactment contained the Chief Loans on
Secretary maij by writina under his hand direct the Board to make loans special
^ ^ o *j conditions.
to any persons to whom Land Grants under the War Service Land Grant e. is of 1920.
Scheme have been made and of such amoiint and upon such conditions
as to interest, sec2irity, and repayment as he may deem fit and may in like
manner direct that any such loans shall be exempt from all or any of the
provisions of this Enactment or shall be subject to any special conditions.
9. A loan made or to be made from the Fund may, in addition to collateral
being secured by a charge on land situated in the Federated Malay security.
States, be secured by a charge or mortgage, hy way of collateral or
additional security, on any property wheresoever situated.
10. (i) On every loan i7iterest shall be charged at such rate as may be interest.
fixed by the Board, provided that the rate of interest shall be ivithin such ^' ^^ ° ^^ '
limits as may be prescribed by order of the Chief Secretary in force at
the time of the making of the loan.
(ii) Except in the case of loans to Co-operative Societies such interest
shall be secured to the Board in the charge referred to in sub-section (iv)
of Section 8.
11. In every charge of land expressed to be executed in pursuance undertakings
of the provisions of this Enactment and duly registered under chargl executed
the provisions of the law for the time being in force relating to the t^ii^'^^^actment
registration of charges on such land there shall be implied, in the
absence of an express stipulation in such charge to the contrary,
the following undertakings on the part of the chargor :
(a) that the chargor will properly 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
purpose whatsoever ;
74 No. 27 OF 1915.
(b) 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 Board under its common seal ;
(e) that the chargor will furnish month by month to the Board
proper accounts of revenue from and expenditure on the
land charged and such other information as the Board may
from time to time require ;
(/) that the chargor will insure and keep insured in the name
of and to the satisfaction of the Board all buildings,
machinery, and plant in or upon the land charged, except
such as may be exempted by agreement, and all produce
of the land charged from the harvesting of such produce
until the sale thereof and that proper evidence of such
insurance shall be produced to the Board from time to
time as required ;
(g) that no dividend or bonus shall be paid to any person out
of the profits arising from the land charged until all
moneys secured by the charge shall have been paid to the
Board in full ;
{h) that all profits arising from the land charged which are not
required for the due cultivation and maintenance thereof
shall be devoted to the payment to the Board of the
moneys secured by the charge ;
(i) that the chargor will pay to the Board on demand all expenses
which may be from time to time incurred by the Board in
or about the employment of a person or persons to visit,
inspect, and report on the land charged ;
(j) that the chargor will pay to the Board on demand all costs,
charges, and expenses whatsoever which may be paid or
incurred by the Board in any exercise of its rights or
powers occasioned by default of the chargor in the observ-
ance or performance of any undertaldng or condition
expressed or by this Enactment or otherwise implied in the
charge ;
{k) that no part of the land charged which is not cultivated at
the date of the execution of the charge shall without the
written consent of the Board under its common seal be
cultivated until all moneys secured by the charge shall
have been paid to the Board in full.
planters' loans fund. 75
12. (i) Any such charge as is referred to in Section 11 may be for Payment and
the securing of an amount paid in full by the Board to the borrower [nsta^ents. ^
on the execution of the charge or payable by instalments, and may
provide for 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 Board to the borrower by instalments,
the second or any subsequent instalment accruing due from the
Board to the borrower may be mthheld until the borrower shall
have furnished to the Board monthly accounts of revenue and
expenditure and such other information as may be required and shall
have satisfied the Board that the moneys already advanced have
been properly and judiciously expended.
(iii) When the amount of any loan secured by such charge as
aforesaid is payable by the Board 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 instal-
ment shall owing to any cause within the control of the borrower be
delayed bej^ond the date upon which the same falls due, there shall
be payable to the Board 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 Board not
less than thirty days before the date on which such instalment falls
due that he does not require payment thereof on such date.
13. For the purpose of such charges as are referred to in Section Form of charge
11 the forms prescribed hj the law appHcable to the registration
thereof may be modified so far as may be necessary to adapt them
to the provisions of this Enactment and any special condition or
undertaking may be inserted therein.
14. All undertakings expressed or implied in any charge such as Representa-
is referred to in Section 6 or in Section 11 shall bind the repre- assign?
sentatives and assigns of the chargor until the charge is satisfied.
15. If and so often as any interest due under a charge such as is Compound
referred to in Section 11 shall be unpaid for one calendar month after "^'^"^ •
the day appointed by such charge for payment thereof, such interest
shall, unless the Board at any time otherwise decide, be added to the
principal moneys secured by such charge as from the expiration of
such calendar month and shall thenceforth bear interest at the rate
mentioned in such charge which shall be paid by the chargor, his
representatives and assigns to the Board on the days appointed as
aforesaid for the payment of interest, and such capitalized interest
and the interest thereon shall be deemed to be moneys secured by
such charge ; provided that on any day appointed as aforesaid for
the payment of interest the chargor, his representatives and assigns
may pay to the Board, in addition to the interest then due upon the
principal moneys for the time being omng on the charge, so much of
76
No. 27 OF 1915.
the said principal moneys as shall for the time being represent
capitalized interest.
16.
the sale of
land
of
Special provi- nj. irTocescungs lor tftc saic ot any land in pursuance ot any
proceedings In charge such as is referred to in Section 6 or in Section 11 shall be in
case of default, 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 charge shall be sufficient ground for the
making of an order for the sale of the charged land ;
provided that not less than fourteen daj'^s' 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 ;
(6) 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.
Recovery by
civil suit.
17. The amount of any moneys secured by a charge such as is
referred to in Section 6 or in Section 11 which cannot be recovered
by sale of the land charged shall be recoverable from the chargor or
his representatives by civil suit.
Procedure on
fall in value of
land.
18. (i) If at any time the market value of any land which is
subject to a charge such as is referred to in Section G or in Section 11
shall not exceed the amount of the moneys advanced under, secured
'by, and still outstanding under such charge, the Board may, in the
absence of an express stipulation in the charge to the contrary, by
notice in writing 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, ajjply for and obtain an order of sale
of the land charged in same way as if the chargor had made default
in comj^lying with an undertaldng expressed or imbibed in the
charge.
(ii) An affidavit of such person or persons as shall have been
appointed by the Board to report stating what is, in his or their
opinion, the market value of the land charged shall, for the jDurposes
of sub-section (i), be sufficient proof of such value unless the chargor,
his representatives or assigns shall require that any de2)onent be
called as a witness ; in which case the chargor shall be at liberty to
cross-examine such deponent and to call other Avitnesses as to the
value of the land.
Power of Board
to insure ; cost
to be recove-
rable and
includeil in
sciurity of
charge.
19. In the event of any default by the chargor, his representatives
or assigns in the performance of any undertaking expressed or by
this Enactment or otherwise impUed in a charge such as is referred
to in Section II to insure and keep insured buildings, machinery, or
plant in or upon the land charged, the Board may insure and keep
insured the same or such part thereof as it may think fit, and the
planters' loans fund. 77
chargor, his representatives and assigns shall be liable to repay to
the Board on demand every sum of money expended by the Board
in pursuance of this section with interest thereon at the rate
mentioned in the charge, to be calculated from the date of the ex-
penditure of such sum. Every such sum and the interest due for
the time being thereon shall be deemed to be moneys secured by
such charge.
20. All costs, charges, and expenses whatsoever which may be Expenses
paid or incurred by the Board in any exercise of its rights or powers BoarTfo'ife
occasioned by default of the chargor, his representatives or assigns ^^{j^^ty^^f
in the observance or performance of any undertaking or condition charge.
expressed or by this Enactment or otherwise implied in a charge
such as is referred to in Section 11 shall be deemed to be moneys
secured by such charge.
21. (i) In the event of any default by the chargor, his representa- Power of Board
tives or assigns in payment of the principal sum, interest, or any possesskj^Toi
part thereof secured by a charge such as is referred to in Section 11 charged land,
■ 11 i> c J iji-*° exercise
or m the observance or performance of any agreement or undertakmg powers o£
therein expressed or by this Enactment or other\vise implied or if at to'appoint^
any time the market value of an}^ land which is subject to such a receiver.
charge as aforesaid shall not exceed the amount of the moneys
advanced under, secured by, and still outstanding under such charge,
the Board may in its discretion, instead of or before or after applying
for an order of sale of the charged land, by itself or by any person
authorized by it in that behalf under its common seal enter
immediately into possession of the land charged or of any part
thereof, as the Board may direct, and if it shall think fit, but not
otherwise, carry on in and with the charged land the business therein
and therewith carried on by the chargor, his representatives or
assigns, and may manage and conduct the same as it shall in its
discretion think fit and for the purposes of the said business or of
such management may employ such agents, managers, servants, and
workmen upon such terms as to remuneration or otherwise as it may
think proper and may replace or repair such of the plant, machinery,
and effects of the chargor, his representatives or assigns as shall be
lost or worn out or shall otherwise become unserviceable and
generally may do or cause to be done all such acts and things and
may enter into such arrangements respecting the working of the
charged land or any part thereof as it could do or enter into if it
were absolutely entitled to the said land and shall not be responsible
for any loss or damage which may be occasioned thereby ; and the
chargor, his representatives and assigns and his and their servants
and agents shall do all things necessary to facilitate the entry of the
Board or its authorized agents into such possession as aforesaid and
the conduct by it or them of such business as aforesaid ; and all
costs, charges, and expenses incurred by the Board in the exercise
of the powers vested in it by this section shall be recoverable by the
Board from the chargor, his representatives and assigns and shall be
deemed to be moneys secured by the said charge.
(ii) For the purposes of sub-section (i) the market value of the
land charged may be proved in the manner provided by Section 18
78
No. 27 OF 1915.
Restriction on
further
charging land
charged to the
Board.
(ii) ; where the chargor, his representatives or assigns require that
witnesses be examined, he or they shall make apphcation to the
Supreme Court to determine the market value of the land and such
Court shall determine the same.
(iii) Whenever the Board shall be entitled under sub-section (i)
to enter into possession of charged land or any part thereof, the
Board may either before or after it shall have entered into possession
thereof appoint by writing under its common seal a receiver of the
income of the charged land or any part thereof and may remove any
receiver so appointed and appoint another in his stead, and every
such receiver may exercise all the powers vested in the Board by
sub-section (i) subject to any directions from time to time given by
the Board.
(iv) The Board shall not nor shall its authorized agent or any
receiver be liable, by reason of the Board or its authorized agent or a
receiver entering into possession of charged land, to account as
chargee in possession or for anything except actual receipts or be
liable for loss or for any default or omission for which a chargee in
possession might be Hable, and every receiver duly appointed under
this section shall be deemed to be the agent of the chargor, his
representatives and assigns, and the chargor, his representatives and
assigns shall be solely responsible for the acts and defaults of the
receiver, unless the charge otherwise provides.
22. No land which is subject to a charge such as is referred to in
Section 11 shall be charged to any person except with the consent of
the Board evidenced in writing under its common seal. Any
charge made in contravention of this section shall be null and void
and of no effect.
Prohibition o£
attachment in
eiecution.
23. No land which is subject to a charge such as is referred to in
Section 6 or in Section 11 shall, except with the consent of the Board
under its common seal, be attached in execution of a decree. Any
attachment in contravention of this section shall be null and void
and of no effect.
Discharge.
Authority to
act in proceed-
ings for Bale of
charged land.
Inspection of
charu'ed land on
behalf of the
Board.
24. A discharge of any charge such as is referred to in Section 6
or in Section 1 1 shall be signed by any one member of the Board and
the Secretary to the Board.
25. In proceedings for the sale of any land in pursuance of a
charge such as is referred to in Section 6 or in Section 1 1 any member
of the Board or other person duly authorized in that behalf by the
Board under its common seal may make and do all appearances,
applications, and acts necessary to be made or done by a chargee in
such proceedings.
26. Tlic Board may appoint any person to visit and inspect any
land wliich is subject to a charge such as is referred to in Section 6 or
in Section 1 1 or any land for the development or maintenance Avhereof
any of the scheduled loans or any loan by the Board under this
Enactment was made, and the owner and any person having the
PLANTEES' LOANS FUND. 79
management of such land shall give to every person so visiting or
inspecting all such information in respect thereof as he may require
and shall afford to him all reasonable facihties for investigation.
27. Any person who shall obstruct the Board or its authorized Penalty for
agents or any receiver aj^pointed under Section 21 in the exercise of Botrd!^*"^" "^^^
any power or duty conferred or imposed on the Board or on such
receiver by this Enactment shall be liable to line not exceeding five
hundred dollars.
28. The Board shall submit to the Chief Secretary on or before Annual report
the 31st day of March in every year a report, signed by the Chairman, oUhe°Fund!
of the working of the Fund during the preceding year calculated from
the 1st day of January to the 31st day of December with a detailed
statement of accounts and of the financial position of the Fund at the
close of business on the 31st day of December.
29. The accounts of the Board shall be audited at least once a Audit of
year at such time and by such person as the Chief Secretary shall ^°^^^°^^^^
appoint.
30. No member, servant, agent, or person acting under the Protection of
authority of the Board shall be personally liable to any action or agalnst^e^ai
proceeding for or in respect of any act, matter, or thing done or proceedings.
omitted to be done in the exercise or supposed exercise of any of
the rights or powers of the Board,
31. No action against the Board by a chargor or any person Protection of
claiming through or under him shall be entertained by any Court a^ai^st*^^ ai
in respect of any act done or omitted to be done by any member proceedings.
or servant of the Board or by any person under its authority in
breach of any contract or duty owed by the Board or in excess of
the rights and powers of the Board ; provided that this section
shall not apply where such act so done or omitted to be done shall
have previously been expressly sanctioned by the Board.
32. The Chief Secretary may from time to time make rules to Rules,
regulate
(a) the procedure of the Board and the fixing of a quorum ;
(6) the keeping, rendering, and auditing of the accounts of the
Board ;
(c) any other matter relating to the powers and duties of the
Board under this Enactment.
Such rules shall be published in the Gazette and shall thereupon
have the same force and effect as if they had been enacted in this
Enactment.
33. Nothing in this Enactment contained shall affect the relative Relative
priorities of persons claiming by virtue of different charges regis- charges"^
tered in respect of the same land or shall, except as herein expressly ^o^j^-Q^'^as to
provided, affect the operation of " The Government Loans Security Enactment
Enactment, 1910." ^''- ^ °^ ^^^°'
80
No. 27 OF 1915.
p
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ENACTMENT NO. 1 OF 1916.
An Enactment to authorize the raising of a loan of
$15,000,000.
Arthur Young,
President of the Federal Council.
[28th March, 1916.
28th March, 1916.]
Preamble.
Short title and
commence-
ment.
Interpretation.
Authority to
raise loan.
Loan to be a
charge on
general
revenue.
Issue of
debentures.
Refusal of
applications.
Sums for which
debentures may
issue.
Whereas it is desirable that an opportunity be afforded for the
local investment of moneys with the Government by way of loan,
in order that such moneys may be available for the purposes of
the war in which the British Empire is now engaged :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The War Loan Enactment,
1916," and shall come into force on the publication thereof in the
Gazette.
2. In this Enactment "the Bank" means the Bank authorized
by the Chief Secretary to Government to issue and manage the loan
hereby permitted to be raised, and includes all branches, agencies,
and sub-agencies of such Bank which are situate in the Federated
Malay States.
3. The Chief Secretary to Government may raise a sum not
exceeding fifteen million dollars by the issue in the Federated Malay
States of debentures and the sum so raised shall be placed at the
disposal of His Britannic Majesty's Government for the prosecution
of the said war.
4. The principal moneys and interest represented by the deben-
tures issued under the provisions of this Enactment are hereby
charged upon and shall be payable out of the general revenues and
assets of the Federated Malay States and of each of them.
5. The debentures shall be issued by the Bank upon the terms
approved by the Government and shall be authenticated either by
the signature of the Chief Secretary to Government or by a fac-
simile of such signature or in such manner as may be approved
by the High Commissioner.
6. Any application to take up debentures issuable under the
provisions of tfiis Enactment may be refused by the Chief Secretary
to Government without reason assigned.
7. The debentures shall be for such sums, not being less than
fifty dollars, as the Chief Secretary to Government may direct and
shall bear interest at the rate of six per centum per annum.
92
WAR LOAN ENACTMENT, 1916 93
8. The debentures shall be redeemable at par on and after the Redemption.
first day of May, 1921, from and after which date all interest on the
principal money represented thereby shall cease and determine,
whether payment of the principal shall have been demanded or not.
9. There shall be attached to every debenture coupons for the interest
payment of the interest to become due in each half-year upon the '=°'^p°'^-
principal represented by the debenture.
10. The debentures and the coupons thereto shall be in such Form of
form as the Chief Secretary to Government or the Crown Agents coupoi"^^ '^'^'^
for the Colonies in England acting on his behalf may approve,
11. Every debenture and coupon, and the right to receive the Transfer by
principal and interest represented thereby, shall be transferable by ^^'^^^'T'-
delivery.
12. The interest upon the principal represented by each deben- Payment of
ture shall run from the day named in that behalf in the debenture ''^*^®''®®*-
and shall be paid half-yearly, on the days named in that behalf in
the coupons, at the Bank.
13. The Chief Secretary to Government shall, in each half-year Provision for
ending with the day on which the interest on the debentures falls fn^erest. °
due, appropriate out of the general revenues and assets of the
Federated Malay States a sum equal to one half-year's interest on
the whole of the debentures outstanding, in order that the interest
for the said half-year may be paid therefrom.
14. Upon the repayment of the principal moneys represented by Delivery up of
any debenture the debenture.shall be delivered up to the Bank. rel?a°yme'i^t.°"
15. The issue of debentures authorized by this Enactment shall Exemption
be exempt from all duties and all taxes now levied or leviable or tlxes.*^"*^'^^ ^"*^
which may hereafter be levied or leviable in the Federated Malay
States.
ENACTMENT NO. 8 OF 1916.
Short title and
commence-
ment.
Interpretation.
Incorporation
of the Trust.
Members of the
Trust.
Oriffinal share
capital.
Investment of
share capital.
Payment of
interest.
All Enactment to incorporate The War Loans Investment
Trust of Malaya.
Arthur Young,
President of the Federal Council.
[21st October, 1916.
21st October, 1916.]
Whereas an association styled " The War Loans Investment
Trust of Malaya " has been established for the purpose of aiding
persons resident in the Malay Peninsula to invest moneys to assist
the prosecution of the war in which the British Empire is engaged ;
And whereas it is expedient that the said association be incor-
porated and that certain privileges be conferred upon it :
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 War Loans Investment
Trust of Malaya Enactment, 1916," and shall come into force on
the publication thereof in the Gazette.
3. In this Enactment " the Trust " means The War Loans
Investment Trust of Malaya.
3. From and after the commencement of this Enactment the
members of the Trust together with such other persons as may
from time to time become members of the Trust shall be a body
corporate under the name of " The War Loans Investment Trust
of Malaya " having perpetual succession and a common seal and
may under the said name sue and be sued in all Courts.
4. Every person who shall be registered in the books of the Trust
as the holder of any share or debenture stock issued by the Trust
shall be deemed to be a member of the Trust.
5. The original share capital of the Trust shall be six million
dollars which shall be divided into shares of such denomination as
the Committee of Management shall from time to time determine.
6. All share capital which may from time to time be subscribed
by members of the Trust shall be invested in new issues of War
Loans stock. Exchequer bonds or other securities to be made by
His Britannic Majesty's Government or by the Government of any
British Possession or Protectorate.
7. (i) The interest payable upon the share capital from time to
time subscribed by members of the Trust shall be at the rate of not
less than six per centum per annum. Such interest shall be calcu-
lated in each case as from the first day of the month following that
94
WAR LOANS INVESTMENT TRUST OF MALAYA. 95
in which the share capital is subscribed, and the first pajrment
thereof shall be made on the first day of July, 1917, and subsequent
payments on the first days of January and July in every year.
(ii) If upon any day appointed under the preceding sub-section
for the payment of interest the funds in the possession of the Trust
which are lawfully applicable to the payment of interest shall be
insufficient to pay interest at the rate of six per centum per annum
upon the share capital subscribed, the Chief Secretary to Govern-
ment shall advance out of the funds of the Federated Malay States
such sum as may, when added to the funds aforesaid in the possession
of the Trust, be sufficient to pay such interest at the rate of six
per centum per annum and shall deliver the same to the Trust.
(iii) Every such sum so advanced shall be repaid by the Trust to
the Government as soon as funds sufficient for such repayment
and lawfully applicable thereto shall have come into the possession
of the Trust.
8. All share certificates and interest warrants issued by the Trust Exemption
and all receipts for subscriptions given to subscribers by the Trust ux'if "^^'^^ ^^^
or its agents and all interest payable upon the share capital shall
be exempt from all duties and all taxes now levied or leviable or
which may hereafter be levied or leviable in the Federated Malay
States.
9. The Trust is authorized and empowered from time to time to Powers vested
do all or any of the following things, namely, '"^ ^^^ '^'^^^'
(a) to increase, subject to the approval in writing of the Chief
Secretary to Government first obtained, the share capital
of the Trust by the issue of further shares and to divide
the shares of the Trust whether forming part of the
original or any subsequent issue into different classes with
preferential or other rights ;
(6) to borrow money and to secure the repayment of such
money by means of debentures and other obligations or
securities ;
(c) to realize from time to time any or all of the invested capital
of the Trust and to re-invest the same, subject to the
provisions of Section 6 ; and
(d) notwithstanding anything in this Enactment contained, to
purchase the shares of the Trust if the same shall be
offered for sale by any member of the Trust at par or at
less than the par value thereof.
10. (i) From and after the commencement of this Enactment, By-laws,
except as is hereinafter otherwise provided, the affairs of the Trust
shall be regulated by the by-laws set forth in the schedule hereto.
(ii) The said by-laws or any of them may from time to time be Amandment of
revoked, altered, or added to by the Committee of Management ''y^^'^^-
for the time being in office.
(iii) No by-law not contained in the schedule hereto and no Approval of
revocation, alteration, or addition of or to any by-law shall come into nece^sary?*^'^
operation until the same shall have been approved by the Chief
96
No. 8 OF 1916.
Management of
the Trust.
First
Committee of
Management.
Office of the
Trust.
Examination of
affairs of Trust
by Inspectors.
High Commis-
sioner may
order that
Trust be
wound up.
Government
guarantee as to
repayment of
capital.
Applifation of
The Companies
Enactment,
1897.
Secretary to Government and shall have been published in the
Gazette.
11. The management of the Trust shall be vested in a Committee
of Management consisting of a Chairman and such number of
members as shall be prescribed by the by-laws of the Trust for the
time being in force.
12. From and after the commencement of this Enactment the
Chairman of the Trust shall be Eric Macfadyen and the other
members of the Committee of Management shall be Eu Tong Sen,
Arthur Knowlton Everest Hampshire, Henry Armstrong Small-
wood, Ernest Talbot Cope Garland, James McClymont, and William
Duncan, and the said Committee of Management shall hold office
until the second general meeting to be held under the provisions
of By-law 19.
13. The Trust shall have an office situate in the Federated Malay
States to which all communications and notices may be addressed
and in which shall be kept a register of its members and all such
other books and documents as a Company registered under the
provisions of The Companies Enactment, 1897, is by law required
to keep.
14. The Chief Secretary to Government may at any time appoint
one or more Inspectors to examine into the affairs of the Trust and
to report thereon in such manner as he may direct, and upon
application made by any Inspector so appointed it shall be the
duty of all officers and agents of the Trust to produce for examina-
tion all books and documents in their possession or power.
15. The High Commissioner may at any time not less than
twelve months after the termination of the present war, or at any
other time if it shall be made to appear to him that the Trust has
substantially failed to effect the purpose for which it is incorporated
or has neglected to observe or perform any of the obligations
imposed upon it by this Enactment, or that the public interest so
requires, revoke and annul by writing under his hand the privileges,
powers, and rights hereby conferred upon the Trust and the affairs
of the Trust shall thereupon be Avound up.
16. If upon the winding-up of the Trust, whether the same be
effected in pursuance of the provisions of the preceding section or
otherwise, the assets of the Trust shall be insufficient to repay to
each member the full amount of the share capital subscribed by
him, the Chief Secretary to Government shall appropriate out of
the general revenues and assets of the Federated Malay States
such sum as may, when added to the said assets, be sufficient to
repay such share capital in full and shall deliver the same to the
Trust.
17. In all matters not provided for in this Enactment or in
Ijy-laws made under Section 10 hereof the provisions of The Com-
panies Enactment, 1897, shall apply to the Trust as though the
Trust were a Company registered under the said Enactment and
the Committee of Management were the Directors thereof.
WAR LOANS INVESTMENT TRUST OF MALAYA. 97
The Schedule.
BY-LAWS.
Interpretation.
1. In these by-laws —
" the Committee " means the Committee of Management of the
War Loans Investment Trust of Malaya ;
" the Chairman" means the Chairman of the said Committee ;
" the Enactment " means The War Loans Investment Trust of
Malaya Enactment, 1916 ; and
" the Trust " means the War Loans Investment Trust of Malaya.
AnivnssioN of Members.
2. Every api^lication for the allotment of shares of the Trust
shall be in the following form :
THE WAR LOANS INVESTMENT TRUST OF MALAYA.
Form of Application for Shares.
To The War Loans Investment Trust of Malaya,
Kuala Lumpur, Federated Malay States.
Gentlemen,
Having paid to the sum of S on application for
shares in the above Trust, I request that I may be admitted a
member of the Trust. I undertake, if admitted, and for so long
as my membership shall continue, to be subject to the by-laws of
the Trust and any by-laws that may be added to or substituted for
the same, and to accept the ruling of the Committee of Management
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 said Committee of Management.
As witness my hand this day of 19. .
Usual signature
Name in full
(Please state if Mr., Mrs., or Miss)
Description
Address
3. Every such application shall be considered by the Committee
or by a Sub-Committee appointed by the Committee for the purpose
which shall determine whether the same shall be granted or refused.
In every case the decision of the Committee or Sub-Committee, as
the case may be, shall be final.
in — 7
% No. 8 OF 1916.
Shares,
4. The shares shall be under the control of the Committee which
may allot or otherwise dispose of the same to members on such
terms and conditions as it shall think fit with full powers to give
to any member the call of any shares at par or at a premium.
5. Save as herein otherwise provided the Trust shall be entitled
to treat the registered holder of any share as the absolute owner
thereof and accordingly shall not except as ordered by a Court of
competent jurisdiction or as by law required be bound to recognize
any equitable or other claim or interest in such share on the part
of any other person.
6. The certificates of title to shares shall be issued under the seal
of the Trust and signed either by two members of the Committee
or by one member of the Committee and by the Secretary.
7. There shall be issued to every member one certificate for all
the shares allotted to him in any one calendar month. If any
member shall apply for more certificates than one in respect of
such shares, separate certificates will be issued accordingly on
payment of fifty cents for each additional certificate.
8. If any certificate be worn out or defaced, then, upon produc-
tion thereof the Committee may order the same to be cancelled, and
may issue a new certificate in lieu thereof, and if any certificate be
lost or destroyed, then, upon proof thereof to the satisfaction of the
Committee and on such indemnity as the Committee deems adequate
being given, a new certificate in lieu thereof shall be given to the
party entitled to such lost or destroyed certificate.
9. For every certificate issued under the last preceding clause
there shall be paid to the Trust the sum of one dollar or such
smaller sum as the Committee may determine.
10. The certificates of shares registered in the names of two or
more persons shall be delivered to the person first named on the
register.
Transfers of Shares.
11. The instrument of transfer of any share shall be signed both
by the transferor and transferee, and the transferor shall be deemed
to remain the holder of such share until the name of the transferee
is entered in the register of members in respect thereof.
12. The instrument of transfer of any share shall be in writing
in the usual common form, or as near thereto as circumstances will
admit.
13. The Committee may decline to register any transfer without
assigning any reason for such refusal.
14. No transfer shall be made to an infant or person of unsound
mind.
15. Every instrument of transfer shall be duly stamped and shall
be left at the office for registration, accompanied by the certificate
of the shares to be transferred, and such other evidence as the Trust
WAR LOANS INVESTMENT TRUST OF MALAYA. 99
may require to prove the title of the transferor, or his right to
transfer the shares.
16. The transfer books and register of members may be closed
during such time as the Committee thinks fit, not exceeding in the
whole thirty days in each year.
Transmission of Shares.
17. The executors or administrators of a deceased member (not
being one of several joint holders) shall be the only persons recog-
nized by the Trust as having any title to the shares registered in
the name of such member, and in case of the death of any one or
more of the joint holders of any registered shares, the survivors shall
be the only persons recognized by the Trust as having any title to
or interest in such shares.
18. Any person becoming entitled to shares in consequence of the
death or bankruiDtcy of any member, upon producing such evidence
that he sustains the character in respect of which he proposes to
act under this clause, or of his title, as the Committee thinks
sufficient, may, with the consent of the Committee (which it shall
not be under any obligation to give), be registered as a member in
respect of such shares, or may, subject to the regulations as to
transfers hereinbefore contained, transfer such shares. This clause
is hereinafter referred to as " the transmission clause."
General Meetings.
19. A general meeting of the members of the Trust shall be held
within three months after the incorporation of the Trust. Subse-
quent general meetings shall be held annually not later than the
30th day of April in each year. In every case the Committee shall
determine the place where such meetings shall be held.
The general meetings referred to in this by-law shall be called
" ordinary " meetings ; all other general meetings of the Trust shall
be called " extraordinary meetings."
20. The Committee may, whenever it thinks fit, and shall on a
requisition made in writing by not less than eight members of the
Trust, proceed forthwith to convene an extraordinary meeting.
21. If the Committee does not proceed to convene the same within
twenty-one days from the date of the requisition, the requisitionists
or any other members amounting to the required number may
themselves convene an extraordinary meeting.
Proceedings at General Meetings.
22. 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 members
resident in the Federated Malay States by notice advertised in the
Government Gazette and in not less than two daily newspapers
published in the Federated Malay States and by a notice posted
on the notice board in the office of the Trust.
100 No. 8 OF 1916.
23. The business of an ordinary meeting shall be
(a) to receive and consider the accounts and the report of the
Committee and of the auditors ;
{b) to elect the following officers for the ensuing twelve months :
(1) A Chairman of the Committee ; and
(2) Six other members to be members of the Committee,
(c) any other business which by virtue of these by-laws ought
to be transacted at an ordinary meeting.
24. The Chairman shall be entitled to take the chair at every
general meeting or if there be no such Chairman or if at any meeting
he shall not be present within fifteen minutes after the time
appointed for such meeting or if being present he shall refuse to act
as Chairman the members present shall choose some one of the
members of the Committee to act as Chairman and if no member
of the Committee be present, some one of the members of the Trust
who is present.
25. Seven members present in person shall, independently 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
shall be a quorum and may transact the business for which the
meeting was called.
26. Every question submitted to a meeting shall, in the first
instance, be decided by a shew of hands and in the case of an
equality 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 a member.
27. Any member present at a meeting shall be entitled to demand
a poll, 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 poll shall be deemed to be the resolution of
the meeting at which the poll was demanded.
Votes of Members.
28. Every member shall have one vote and one vote only,
29. Votes may be given either personally or by proxy.
30. The instrument appointing a proxy shall be in writing under
the hand of the appointer or his attorney or if such appointor is a
corporation or company under its common seal or the hand of its
attorney or general manager.
31. The instrument appointing a proxy and the power of attorney
if any under which it is signed shall be deposited at the office of
the Trust 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 sucli instrument proposes to vote.
32. 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 :
WAR LOANS INVESTMENT TRUST OF MALAYA. 101
WAR LOANS INVESTMENT TRUST OF MALAYA.
I, , of , a member of the War Loans Investment
Trust of Malaya, hereby appoint , of , to vote for me
and on my behalf at the meeting of the said Trust to be held
on the day of , 19. . , and at every adjournment thereof.
As Avitness my hand this day of , 19. .
Signature Three cents
stamp.
Nomination of Officers.
33. Persons proposed for election as Chairman or as members of
the Committee shall be nominated by forwarding to the Secretary
of the Trust a notice in writing specifying the names of such persons,
signed by one or more members of the Trust ; a copy of every such
notice shall be posted on the notice board of the Trust not less than
fourteen days previous to the holding of the annual general meeting,
and the election of Chairman and of members of the Committee
shall take place at the annual general meeting.
Committee of Management.
34. The Committee shall consist of the Chairman and six (6)
other members.
35. The Committee shall meet together for the dispatch of busi-
ness once a month or oftener if need be and at other times on the
requisition of three of its members or of the Chairman and may
adjourn and regulate its meetings and proceedings as it may think
fit and may determine the quorum necessPvry for the transaction of
business. Until otherwise determined three members shall form a
quorum. At least five days' notice of Committee meetings shall be
given to members of the Committee and the notices shall state the
nature of the business to be considered at such meetings ; provided
that in cases of emergency the Chairman may call a meeting of the
Committee at any time upon such notice (if any) as he may think
necessary.
3G. The Chairman shall preside at all meetings at which he is
present and in his absence the members present shall choose some
one of their number to preside.
37. Questions arising at any meeting of the Committee shall
be decided by a majoritj^ of votes, each member being entitled to
one vote, and in case of an equality of votes the Chairman or other
member presiding shall have a second or casting vote.
38. The Committee may delegate any of its powers to Sub-
Committees, on each of which there shall be at least one member of
the Committee. Sub-Committees so formed shall, in the exercise
of the powers delegated, conform to any regulations that may from
time to time be imposed upon them by the Committee. The
decision of a Sub-Corn mitice shall in all cases be referred to the
Committee, unless the Sub-Committee has previously been
empowered by the Committee to act on its decisions.
102 No. 8 OF 1916.
39. The meetings and proceedings of all such Sub-Committees
shall be governed by the provisions of these by-laws for regulating
the meetings and proceedings of the Committee so far as the same
can be applied thereto and are not superseded by regulations made
by the Committee under the last preceding by-law.
40. All acts done by any meeting of the Committee or by a
Sub-Committee or by any person acting as a member of the Com-
mittee or a Sub-Committee shall, notwithstanding that it shall
afterwards be discovered that there was some defect in the appoint-
ment of such Committee or Sub-Committee or person acting as
aforesaid or that any member of such Committee or Sub-Committee
or such person acting as aforesaid was disqualified, be as valid as
if every member of such Committee or Sub-Committee or person
acting as aforesaid had been duly appointed and was qualified to
act.
Retirement of Officers.
41. A member of the Committee may retire from his office upon
giving one month's notice in Avriting to the Secretary of the Trust
of his intention so to do, and such resignation shall take effect
upon the expiration of such notice or its earlier acceptance.
42. The Chairman or any member of the Committee shall vacate
office ;
{(i) if he becomes bankrupt or suspends payment or compounds
with his creditors ;
{b) if he is found lunatic or become of unsound mind ;
(c) if he is absent from the meetings of the Committee during
a period of three calendar months without special leave
of absence from the other members of the Committee ;
(d) if by notice in writing to the Secretary of the Trust he
resigns his office ;
(c) if he is requested in writing by all the other members of
the Committee to resign.
Remuneration of Officers.
43. Neither the Chairman nor any member of the Committee
or of any Sub-Committee shall be entitled to remuneration for his
services, but he shall be paid the travelling expenses incurred in
attending and returning from meetings (;f the Committee or Sub-
Committee, as the case may be.
Powers and Duties of Officers.
44. The business of the Trust shall be managed by the Committee
who may exercise all such powers of trust as arc not by the Enact-
ment or by these by-laws required to be exercised by the Trust in
general meeting.
45. W^ithout prejudice to the general powers otherwise vested in
the Committee the following particular powers are conferred upon
it, namely,
WAR LOANS INVESTMENT TRUST OF MALAYA. 103
(a) to pay the costs, charges, and expenses preliminary and
incidental to the promotion and establishment of the
Trust ;
(h) to appoint and at its discretion remove or suspend such
managers, secretaries, officers, clerks, agents, and servants
for permanent, temporary, or special services, as it may
from time to time think fit, and to determine their powers
and duties, and fix their salaries or emoluments, and to
require security in such instances and to such amount as
it thinks fit ;
(c) to accept from any member, on such terms and conditions as
shall be agreed, a surrender of his share or stock or any
part thereof ;
(d) to appoint any person or persons (whether incorporated or
not) to accept and hold in trust for the Trust any property
belonging to the Trust, or in which it is interested, or
for any other purposes, and to execute and do all such
deeds and things as may be requisite in relation to any
such trust, and to provide for the remuneration of such
trustee or trustees ;
(e) to institute, conduct, defend, compound, or abandon any
legal proceedings by or against the Trust, or its officers,
or otherwise concerning the affairs of the Trust, and also
to compound and allow time for payment or satisfaction
of any debts due to the Trust ;
(/) to refer any claims or demands by or against the Trust to
arbitration and observe and perform the awards ;
(g) to make and give receipts, releases, and other discharges
for money payable to the Trust, and for the claims and
demands of the Trust ;
(A) to determine who shall be entitled to sign on the Trust's
behalf bills, notes, receipts, acceptances, indorsements,
cheques, releases, contracts, and documents;
(i) to fill up any vacancy occurring in the Committee ;
(j) to set aside out of the profits of the Trust such sums as
may be available after the payment of interest to be a
reserve which shall, at the discretion of the Committee,
be applicable to any purpose to Avhich the profits of the
Trust may be properly applied, and pending such
application may be invested in such securities as are
prescribed by the Enactment for the investment of the
share capital of the Trust.
The Seal.
46. The Committee shall provide for the safe custody of the seal
of the Trust and the seal shall not be affixed to any instrument
except in the presence of one member of the Committee and of the
Secretary or such other person as the Committee may appoint for
104 No. 8 OF 1916.
the purpose ; and such member of the Committee and Secretary or
other person as aforesaid shall sign every instrument to which the
seal of the Trust is so affixed in their presence.
Interest.
47. The Committee may without reference to the members of the
Trust in general meeting pay to them interest at the rate prescribed,
and on the days appointed, by the Enactment.
48. No interest shall be paid otherwise than out of profits or out
of such sum as the Chief Secretary to Government may cause to be
advanced to the Trust for the purpose.
49. No interest shall bear interest against the Trust.
50. Subject to the rights of persons, if any, entitled to shares
with special rights as to interest, all interest shall be declared and
jjaid according to the amounts paid on the shares.
51. A transfer of shares shall not pass the right to any interest
payable thereon before the registration of the transfer.
52. The Committee may retain the interest payable upon shares
in respect of which any person is under the transmission clause
(clause 18) entitled to become a member, or which any person under
that clause is entitled to transfer, until such person shall become
a member in respect thereof or shall duly transfer the same.
53. Any one of several persons who are registered as the joint
holders of any share may give effectual receipts for all interest and
payments on account of interest in respect of such share.
54. Unless otherwise directed any interest may be paid by cheque
or warrant sent through the post to the registered address of the
member entitled, or, in the case of joint holders, to the registered
address of that one whose name stands first on the register in
respect of the joint holding ; and every cheque or warrant so sent
shall be made payable to the order of the person to whom it is sent.
Accounts.
55. The Committee shall cause true accounts to be kept of the
sums of money received and expended by the Trust, and the matters
in respect of which such receipt and expcniditurc takes place, and
of the assets, credits, and liabilities of the Trust.
50. The books of account shall be kept at the office of the Trust
established under the provisions of Section 13 of the Enactment,
57. The Committee shall from time to time determine whether
and to what extent, and at what times and places, and under what
conditions or regulations, the accounts and books of the Trust, or
any of them, shall be open to the inspection of the members ; and
no member not Ijeing a member of the Committee shall have any
right of inspecting any account or book or document of the Trust,
except as authorized by the Committee or by a resolution of the
Trust in general meeting or by the Court.
WAR LOANS INVESTMENT TRUST OF MALAYA. 105
58. At the second ordinary meeting and at each subsequent
ordinary meeting the Committee shall lay before the Trust a profit
and loss account and a balance-sheet containing a summary of the
property and liabilities of the Trust made up to the 31st day of
December of the preceding year.
59. Every such balance-sheet shall be accompanied by a report
of the Committee as to the state and condition of the Trust, and
as to the amount of interest or bonus which it has declared, and the
amount (if any) which it proposes to carry to the reserve fund ;
and the account, report, and balance-sheet shall be signed by two
members of the Committee and countersigned by the Secretary.
60. A printed copy of such account, balance-sheet, and report
shall, not less than fourteen days before the date of the ordinary
meeting, be published in the manner prescribed by By-law 22 for
the publication of notices to members.
Audit.
61. Once at least in every year commencing from the first day
of January, 1917, the accounts of the Trust shall be examined, and
the correctness of the profit and loss account and balance-sheet
ascertained by one or more auditor or auditors.
62. The Trust at each ordinary general meeting shall appoint an
auditor or auditors to hold office until the next ordinary general
meeting and shall fix the remuneration to be paid to him or them.
The first auditor or auditors shall be appointed by the Committee
Avhich shall fix the remuneration to be paid to him or them.
63. If an appointment of an auditor is not made at an ordinary
general meeting or if any vacancy occurs in the office of auditor,
the Chief Secretary to Government may, on the application of any
member of the Trust, appoint an auditor of the Trust for the current
year and fix the remuneration to be paid to him by the Trust for
his services.
Winding-up.
64. On the winding-up of the Trust the Committee may declare
a date upon which the share capital shall be refunded to members.
The interest payable upon the share capital shall cease to accrue as
from such date.
Protection of Officers.
65. Every Chairman, member of the Committee, Secretary, and
other officer or servant of the Trust shall be indemnified by the
Trust against, and it shall be the duty of the Committee out of the
funds of the Trust to pay, all costs, losses, and expenses (including
travelling expenses) which any such officer or servant may incur or
become liable to by reason of any contract entered into, or act or
thing done by him as such officer or servant, or in any way in the
discharge of his duties ; and the amount for which such indemnity
is provided shall immediately attach as a lien on the property of the
Trust and have priority as between the members over all other
claims.
106 No. 8 OF 1916.
66. No Chairman, member of the Committee, Secretary, or other
officer or servant of the Trust shall be liable for acts, receipts,
neglects, or defaults of any member, officer, or servant or for joining
in any receipt or other act for conformity or for any loss or expense
happening to the Trust through the insufficiency or deficiency of
title to any property acquired by order of the Committee for or on be-
half of the Trust or for the insufficiency or deficiency of any security
in or upon which any of the moneys of the Trust shall be invested,
or for any loss or damage arising from the bankruptcy, insolvency, or
tortious act of any person with whom any moneys, securities, or
effects shall be deposited or for any loss occasioned by any error of
judgment or oversight on his part or for any other loss, damage, or
misfortune whatever which shall happen in the execution of the
duties of his office or in relation thereto, unless the same happen
through his own dishonesty.
ENACTMENT NO. 13 OF 1916.
As amended by Fed. E. 12 of 1917, 17 of 1918, 4 of 1919, and 21 of 1920.
An Enactment to repeal and re-enact " The Sanitary
Boards Enactments, 1907," being the Law with regard
to Sanitary Boards.
Arthur Young, [27th November, 1916.
President of the Federal Council. 22nd December, 1916.]
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 Sanitary Boards short title,
Enactment, 1916," and shall come into force upon the publication mm™Tna
thereof in the Gazette. '^p^^'-
(ii) Upon the coming into force of this Enactment the Enact-
ments mentioned in the first schedule shall be repealed.
(iii) All by-laws passed, declarations, appointments, and valuations
made, rates imposed and exemptions granted under any Enactment
hereby repealed which were in force immediately prior to the
commencement of this Enactment shall, so far as they are consistent
AAith the provisions of this Enactment and of any by-hiAvs passed
hereunder, be deemed to have been passed, made, imposed, and
granted under this Enactment.
(iv) Nothing in this Enactment contained shall affect the pro-
visions of any Enactment in force for the time being for preventing
the introduction and spread of infectious and contagious diseases or
the liabilitj^ of any person to any punishment or penalty to which he
may be liable under any Enactment other than this Enactment, but
so that no person shall be twice punished for the same offence.
2. In this Enactment and in any by-laws passed hereunder unless interpretation.
there be something repugnant in the subject or context —
" 0^^^ler " means the person for the time being receiving the rent
of the land or premises in connection Avith which the Avord is used
whether on his oaati account or as agent or trustee for any other
person, or Avho would so receive the same if such land or premises
were let to a tenant ; and in any case in which such person cannot be
found or makes default shall include also the occupier if any of such
land or j)remises.
" Sanitary Board area " means an area subject to the control of a
Sanitary Board in respect of the matters provided for by this
Enactment.
107
108 No. 13 OF 1916.
" Street " includes every road, square, footway, passage, or water-
way (whether a thoroughfare or not) over which the public has a
right of way and also the way over any public bridge.
"Public street" means a street repairable out of Government
funds.
" Footway " includes five-foot ways and verandahs at the sides of
streets,
" Town limits " means the limits of a town as defined from time to
time under the provisions of any law regulating the establishment of
towns.
" Horse " includes pony,
" Dairy " includes any cowshed, milk store, milk shop, or other
place from which milk is supplied or in which milk is drawn or kept
for the purposes of sale,
" Premises " includes messuages, buildings, lands, easements, and
hereditaments of any tenure, whether open or enclosed, whether
built on or not, whether public or private, and whether maintained
or not under statutory authority,
" Chairman " means the officer for the time being lawfully
performing the duties of the office of Chairman of the Sanitary
Board, and includes a Deputy Chairman,
" Health Officer " means the officer for the time being performing
the duties of Health Officer to the Sanitary Board, and includes
Assistant Health Officer.
" House " includes dwelfing-house, warehouse, office, counting-
house and shop, also schools and any other buildings in which persons
are employed,
" Building " includes any house, hut, shed, or roofed enclosure
whether used for the purpose of a human habitation or otherwise,
and also any wall, gate, post, pillar, paling, frame, hoarding, slip,
dock, wharf, pier, jetty, landing-stage, or bridge,
" Nuisance " means any act, omission, or thing occasioning or
likely to occasion injury, annoyance, ofi^ence, harm, danger, or
damage to the sense of sight, smt^ll, or hearing, or which is or is likely
to be injurious or dangerous to health or property,
A person is said to " reside " in any dwelling in which he some-
times uses a sleeping apartment, although he does not use it
uninterruptedly or has elsewhere a dwelling where he has and some-
times uses another such apartment. A person does not cease to
" reside ' in a dwelling where he has such an apartment merely
because he is absent from it if there is the liberty of returning at
any time and no abandonment of the intention to return at pleasure .
" Market '"' means any place (other than a shop) ordinarily used for
the sale of animals or of tish, meat, fruit, vegetables, or other perish-
able articles of food for human consumption.
" Public market " means a market which has been declared a
market, or which may hereafter be declared a market, under this
Enactment,
SANITARY BOARDS. 109
" Arcade " includes verandah.
" Occupier " means the person in occupation of the premises in
respect of which the word is used, or having the charge, management,
or control thereof either on his own account or as agent of another
person, but does not include a lodger.
" Sky-sign " means any erection consisting of a frame, hoarding,
board, bar, pillar, post, wire, or any combination of such things, or
any erection of a like nature, displayed for the purposes of trade or
professional advertisement in such a position as to be conspicuously
visible against the sky above the general level of the roofs of sur-
rounding buildings from any street or public place.
" Motor car " has the meaning assigned to that expression in
" The Traction Engines and Motor Cars Enactment, 1912."
" Common lodgmg-house " inchides — e. i of loiy.
(a) any house which, or part of which, is occupied as lodgings at a
rate of payment not exceeding twenty cents per night for each
person, whether the same he payable nightly or otherwise, or
in which the same class of accommodation is furnished by an
employer of workmen to the worhnen employed by him or is
paid for by subscription to a common fund ;
(6) Any house or part of a house {not being a public hospital) used
for the reception of sick or dying persons or for the lying-in
of women.
(c) any house where ten or more jinrikisha-pullers are lodged as
tenants or sub-tenants.
3. (i) The Resident of a State may from time to time, with the Appointment
approval of the Chief Secretary to Government, by notification in Boards!*"^^
the Gazette declare any area within such State to be a Sanitary
Board area for the purposes of this Enactment.
(ii) The Resident of a State may from time to time by notification
in the Gazette appoint Sanitary Boards consisting of such public
servants and other persons as he may nominate to exercise control
within the area mentioned in such appointment over all matters in
respect of which power is given to them by this Enactment and may
appoint any member of a Sanitary Board to be the Chairman thereof.
Every such appointment shall cease and determine at the expiration
of the year in respect of which the same is made.
(iii) The Resident of a State may also, with the approval of the
Chief Secretary to Government, appoint Secretaries, Health Officers,
Inspectors, and such other officers as may be necessary for the
purposes of this Enactment ; the appointment of every Secretary,
Health Officer, and Inspector shall be notified in the Gazette.
(iv) The boundaries of any Sanitary Board area may be declared
to be coincident with any town limits or may be separately defined.
(v) Any declaration or appointment made under this section may
from time to time in like manner be added to, varied, or revoked.
110 No. 13 OF 1916.
Duties of sani- 4. The dutics of a Sanitary Board shall be to take all lawful
tary Boards. measures for the following purposes within the area subject to its
control : —
(a) The regulation and control of buildings and building
E. 17 of 1918. operations, including such alteration of existing buildings
as may, in the opinion of the Sanitary Board, be necessary or
expedient for reasons of health and, in the case of buildings
erected in accordance with plans approved by the Sanitary
Board, the payment, with the approval of the Besident, of the
cost of any such alteration in whole or in part from jyublic
funds ; provided that nothing in Section 48 shall apply to any
such payment ;
(b) The laying out and maintenance of reserves for recreation
and other purposes ; the enclosure and care of unoccupied
premises ; the planting and preservation of trees and
shrubs ; the laying out, cleaning, watering, lighting, and
control of streets, canals, and bridges ; the removal of
undue projections ; the numbering of houses ; the naming
of streets subject to the approval of the Resident of the
State ; and in places within the jurisdiction of a Sanitary
Board to which a Sanitary Board Engineer has been
appointed the making, repairing, and draining of streets,
canals, and bridges.
(c) The control and supervision of : —
(1) Drains, latrines, cessjiools, and dust-bins ;
(2) Wells and water-tanks ;
(3) Stables and cattle-sheds and places for keeping sheep,
goats, swine, and poultry, including, if the Sanitary
Board shall think necessary, power to make it
compulsory on all owners of hackney carriages to
use only public stables for their horses and carriages
upon such terms and subject to such charges as may
from time to time be prescribed ;
(4) The sale of fresh provisions and the licensing of persons
to hawk food-stuffs ;
(d) The establishment and regulation of markets and slaughter-
houses and the fixing of the fees to be charged for the use
of the same, including, if the Sanitary Board shall think
necessary, the grant to particular persons of the exclusive
right to use any slaughter houses, or of the exclusive right
to provide or slaughter any particular description of beast
for human food, and the prohibition of the sale within a
certain radius from a market of articles of any kind sold
in such market ;
(e) The regulation by registration, licensing, or otherwise of
bakeries, dairies, laundries, and street stalls ; the seizure
and disposal of unwholesome fish, flesh, or other provisions ;
(/) The regulation, inspection, and licensing of common lodging-
houses, eating-houses, jinrikisha stables, theatres, native
E. 4 of 1919. inns, and other places of public resort, and premises wJiere
SANITARY BOARDS. Ill
jinrikisha-puUers reside, with the view of enforcing the
observance of ordinary sanitary regulations in respect of
Hghting, ventilation, whitewashing, drainage, and over-
crowding therein ;
{(j) The establishment and regulation of pubHc bathing places,
including power to charge fees for the use of or to lease
the same ;
(li) The removal and disposal of refuse and night-soil, including,
if the Sanitary Board shall think necessary, the publication
of rules making it compulsory on all persons who may
require night-soil buckets to buy such buckets from the
Sanitary Board at such price as the Sanitary Board may fix ;
{i) The prevention and abatement of nuisances and the regulation
of dangerous, unhealthy, or offensive trades or occupations ;
and of places favourable to the breeding of mosquitos. e. 21 of 1920.
{j) The regulation by registration, licensing or otherwise of
places, whether covered or open, kept or used for housing
or storing motor cars intended for sale or hire or for
conveying persons for hire ;
{k) The prevention and removal of obstructions in the streets
and in verandahs or footways ;
[1) The repair or removal of ruinous or dangerous houses, huts,
or outbuildings, and the removal of occupants therefrom :
(m) The examination of the bodies of dead persons and the certifica- e. 12 of 1917.
tion of the cause of death in cases where the cause of death
has not been certified by a duly qualified medical practitioner ;
(n) The prevention and abatement of malaria, including treatment
of persons, removal of persons, and action in respect of
buildings, land, and other property ;
(o) The control and regulation, by licensing or otherwise, and, in
the discretion of the Sanitary Board, the prohibition of the use,
erection, and display of placards, posters, sign-boards, sky-
signs, and other devices ;
(p) The regulation and control of traffic in the streets, whether
of vehicles, traction engines, animals, foot-passengers, or
othervnse ;
(q) All other matters, whether similar or not to those above-
mentioned, connected with the conservancy and the
improvement of the area subject to its control.
5. For the various purposes described in Section 4 and for the Power to pass
conduct of its own business a Sanitary Board shall have power to ^y-'*^^-
pass by-laws not inconsistent with the provisions of this Enactment
or of any other Enactment for the time being in force and to
declare whether such by-laws shall apply to the whole area subject
to its control or to some specified part or parts thereof, and to
prescribe penalties for breach thereof not exceeding the penalties
prescribed by Section 7 ; and every Sanitary Board is hereby
required to pass such by-laws, either in addition to or in substitution
for by-laws already existing, as may from time to time be prescribed
112
No. 13 OF 1916.
Confirmation
and publication
of by-laws.
Penalty for
breach of
by-laws.
Enquiries into
fires.
by the Resident of the State with the approval of the Chief Secretary
to Government ; and such by-laws may provide for the payment
of reasonable fees for such registration, licenses, or other matters as
may be required for the purposes of this Enactment.
6. No by-law passed under this Enactment in any State and no
resolution rescinding or varying any such by-law shall have effect
unless and until it has been confirmed by the Resident of such State
with the approval of the Chief Secretary to Government and
published in the Gazette.
7. If any person is guilty of the contravention of any such by-law
for the breach of which no penalty is otherwise expressly provided,
or of infringing any exclusive right granted under Section 4 {d), he
shall be liable upon conviction to a fine not exceeding one hundred
dollars, or in the case of a continuing offence to a fine not exceeding
ten dollars for every day during which such offence is continued.
8. (i) Where any fire occurs within a Sanitary Board area whereby
damage or loss is occasioned to any dwelling-house or other building,
the Chairman maj^ if he thinks fit, and shall if requested thereto
in writing by two or more rate-payers, institute an enquiry into
the cause of such fire and the circumstances attending the same.
(ii) For the purpose of such enquiry the Chairman shall have
and may exercise all the statutory and other powers which shall
for the time being be vested in and exercisable by a Magistrate
of the First Class for summoning and enforcing the attendance of
witnesses, for administering oaths or affirmations to such witnesses,
and for compelling such witnesses to answer all reasonable and
proper questions relative to the matters which are the subject of
such enquiry.
(iii) The Chairman shall within seven days from the conclusion of
such enquiry transmit to the Resident of the State the depositions
taken by him together with his finding as to the cause of the fire.
9. Full minutes of the proceedings at all meetings of every
Sanitary Board shall be submitted for the information of the
Resident of the State at the earliest opportunity after the close of
the meeting, and the Resident of the State shall have power to
annul the whole or any part thereof.
Public servants. 10. All members and servants of a Sanitary Board shall be
deemed to be public servants within the meaning of the Penal Code.
11. (i) When any by-law passed under this Enactment or any
notice issued to enforce the provisions of this Enactment or of
any such by-law requires any act to be done or refrained from
or any work to be executed by the owner or occupier of any premises
and default is made in complying Avith the provisions of such
by-law or notice, the Sanitary Board may cause such act to be
done or such work to be executed and may pull down any work
executed in contravention of any such by-law or notice.
(ii) All expenses incurred by the Sanitary Board in carrying out
the provisions of this section may be recovered in the manner
Minutes to be
submitted to
Resident.
Powers of Sani-
tary Board
where default
made.
SANITARY BOARDS. 113
provided by this Enactment for the recovery of unpaid rates, or
the Sanitary Board may at its option recover the same from the
owner or occupier by action in a court of law.
12. An annual rate for the general purposes of this Enactment, Power to levy
including also the purposes of public lighting, public water supply, '■^'®^-
and protection from fire, may be imposed upon all lands and upon
all houses and buildings within any Sanitary Board area not
exceeding fifteen per centum of their annual value. Such rate shall
be fixed from time to time by the Resident of the State after con-
sultation with the Sanitary Board and shall be payable by half-yearly
instalments in advance without demand by the owners of such
lands, houses, or buildings in the months of January and July in
each year.
13. (i) In addition to the rate referred to in Section 12, a further Further rate
annual rate for the said purposes may be imposed upon all holdings ,°"not"buTit on.
and portions of holdings which being held under grant or certificate
of title or Government lease the terms, express or implied, whereof
are not inconsistent with a. right to build a house or houses covering
one-half of the area of such holdings or portions of holdings and
being within a distance of 100 feet of any public street have no
house erected thereon ; provided that
(a) in the case of a holding whereof part only is within a distance
of 100 feet of a public street the said further rate shall
not be imposed on any part of such holding which is
distant more than 100 feet from a public street ; and
(b) in the case of a holding whereof a part only has no house
erected thereon the said further rate shall not be imposed
upon such part unless the area of such part exceeds
one-half of the area included in the holding and within
a distance of 100 feet of a public street.
(ii) The annual rate to be imposed under this section shall be
fixed from time to time by the Resident of the State after consulta-
tion with the Sanitary Board ; such rate shall not exceed fifteen
per centum of the annual value of the holdings and portions of
holdings whereon it is imposed and shall be payable in manner
prescribed for payment of the rate referred to in Section 12.
(iii) No rate imposed under this section shall be payable in
respect of any period prior to the 1st day of January, 1916, and
no such rate shall be payable in respect of any holding or portion
of a holding until the expiration of three years from the date of the
grant or lease under or pursuant to which the same is held nor in
respect of any holding or portion of a holding which shall have been
included within a Sanitary Board area for a period of less than
three consecutive years.
(iv) In this section " holding " means land comprised in one
grant or certificate of title or Government lease.
(v) This section shall have effect only within such Sanitary Board
areas or portions of Sanitary Board areas as may be declared from
time to time by the Resident of the State, with the approval of
in— 8
114
No. 13 OF 191t
Drainage rate.
E. 12 of 1917.
Resident may
exempt certain
property.
Board may-
exempt certain
property.
Remission of
rate when a
liousc is not
occupied.
Assessment
upon annual
value of
property.
Annual value
of premises
wholly built
upon how to be
aacertaincU.
the Chief Secretary to Government, to be subject to the provisions
thereof.
13a. (i) In addition to the draining of streets, canals, and bridges
and the control and supervision of draiyis in Section 4 referred to, a
Sanitary Board may install and maintain within the area subject to
its control a system or systems of drainage for the removal of superfluous
water from any lands within the said area.
(ii) To meet the cost of such instalment and maintenance a further
annual rate or further annual rates may, in addition to the rates referred
to in Sections 12 and 13, be imposed upon all lands and upon all
houses and buildings within the whole of the Sanitary Board area or
within such part or parts thereof as may be appointed under sub-
section (iii).
(iii) Every annual rate to be imposed utider this section shall be
fixed from time to time by the Resident of the State after consultation
with the Sanitary Board, and ivhere any such rate is not to be imposed
on the whole of a Sanitary Board area the limits within which it is to
be imposed shall be fixed in the manner in this sub-section provided
for the fixing of rates.
(iv) A rate imposed under this section shall not exceed five per
centum of the annual value of the land, houses, and buildings whereon
it is imposed and shall be payable in the maimer prescribed for pay-
ment of the rate referred to in Section 12.
14. Houses and buildings used exclusively as places for religious
worship, all public burial and burning grounds, all buildings used
exclusively for public schools or for charitable purposes, and all
property belonging to or rented by the Ruler of the State or the
Government may be exempted by direction of the Resident of the
State wherein the same are situated from payment of any rate.
15. The Board may exempt from payment of any rate any house,
building, or land the annual value whereof is less than ten dollars
if the same be the sole rateable property of the owner, or any house
or hut which shall be occupied rent free by labourers employed at
any plantation or mine.
16. In cases of property assessed as described in Section 18 where
any house or building shall have been vacant for thirty consecutive
days during any year the Board shall remit so much of the rate for
that year as may be proportionate to the number of days during
which the said house or building may have remained unoccupied :
provided that the owner of such house or building or his agent
shall have given notice in writing of the vacancy thereof to the
Board, and that the amount of rate to be remitted shall be calculated
from the date of the delivery of such notice.
17. The rate or rates imposed upon houses, buildings, and lands
according to the annual value thereof in any Sanitary Board area
shall be assessed in the manner hereinafter provided.
18. In cases in which the whole area comprised under one docu-
ment of title is built upon exclusive of such open spaces as are
required for sanitary purposes the estimated gross annual rent at
SANITARY BOARDS. 115
which such lands together with the houses or buildings thereon
might reasonably be expected to let from year to year shall for the
purposes of the rate be held and deemed to be the annual value of
such lands together with the houses or buildings thereon. The
annual value of premises so estimated shall not include the value
of any machinery contained therein.
19. In cases of lands which are vacant or unoccupied or only Annual value
partially built upon the Board may in its discretion assess the annual ^^i.ouTbu^ut'"'*
value thereof as described in Section 18, or one-tenth of the selling upon how to be
value of such property at the time when the assessment is made
may be held and deemed to be the annual value of such property
for the purposes of the rate. For the purpose of ascertaining the
selling value of such property all such facts shall be taken into
consideration as may in the opinion of the Board be deemed to be
material evidence as to the current market value of such property.
20. For the purpose of such assessment the Board shall from Record of
year to year cause a valuation to be made of all houses and buildings, ^a'*!**^'""-
Such valuation shall be entered in a book to be kept at the office
of the Board, wherein also shall be written in distinct columns the
name of the owner of the property, the name of the occupier, a
designation of the property either by name or number sufficient
to identify the same, the name of the street or locality in which
such property is situated, and the amount of the rate assessed
thereon.
21. When the name of the owner or occupier is not known, it Designation of
shall be sufficient to designate him in the said book, and also in unknown"^"^
any notice or other proceeding under this Enactment, as the
"owner" or "occupier" of the property on which the rate is
assessed, without further description.
22. (i) In order to enable the Board to assess the annual value Retiirns may be
of any houses, lands, tenements, or buildings liable to assessment purposes oJ
the Chairman may require the owner or occupier thereof to furnish valuation.
returns of the rent thereof and to give all such information as may
be necessary for the preparation of the assessment list or otherwise
for the purpose of such assessment, and for the lilve purpose the
Chairman or any person appointed in writing by him for that Power to enter
c? «/ houses etc.
purpose may at any time between sunrise and sunset enter and
inspect and if necessary survey the same. Provided that no entry
shall be made under this section into any dwelling-house in actual
occupation, unless with the consent of the occupier, without twenty-
four hours' previous notice in writing to such occupier specifying
the hour as near as may be of such intended entry,
(ii) Whoever refuses or fails to furnish such return or to give such Penalties for
information as aforesaid for the space of one week from the day on returns, etc "
which he shall have been required so to do, and whoever knowingly
makes a false or incorrect return or gives false or incorrect informa-
tion, and whoever hinders, obstructs, or prevents the Chairman or
any person appointed by him as aforesaid from entering, inspecting,
or surveying any such houses, lands, buildings, or tenements,»shall
be liable to a fine not exceeding fifty dollars.
116
No. 13 OF 1916.
rublic notice of
valuation.
Notice of con-
sideration of
complaints.
Adoption of
assessment.
Further amend-
ments of
assessment
list.
New assess-
ment not
compulsory
each year.
23. When the vahiation has been completed the Board shall
notify in the Gazette and by placards in Malay, English, Chinese,
and Tamil posted in consi:)icuous places throughout the town the
place where the record of valuation may be inspected ; and the
person in whose custody such record may be shall permit every
person appearing to be the owner or occupier of any property
included in the assessment or the agent of such owner or occupier
to inspect the same during office hours and to make extracts there-
from without payment of any fee.
24. The Board shall give public notice of a day, not being less
than six weeks from the date of publication of such notice, when it
will proceed to consider complaints against such valuation and
assessment, and in all cases in which any property is for the first
time assessed or the assessment thereof is increased the Board shall
also give notice thereof to the owner or occupier of the property.
All complaints shall be made personally or by agent or in writing
at least fourteen days before the day fixed in the notice and all
complaints so made shall be enquired into by the Board and such
amendments of the valuation shall thereupon be made as the Board
may deem just.
25. After the complaints have been enquired into and the revision
of the valuation and assessment has been completed the amendments
made shall be authenticated by the signatures of two members of
the Board, who shall at the same time certify that no valid com-
plaint has been made against the valuation and assessment except
in the cases in which amendments have been made ; and, subject
to such amendments as may thereafter be duly made, the rate so
assessed shall be deemed to be the rate for the whole year for which
the assessment is made, and such year shall commence on the first
day of January.
26. (i) Where owing to mistake, oversight, or fraud the name of
any person or any property which ought to have been inserted in or
omitted from the assessment list has been omitted from or inserted
in such list or any property has been insufficiently assessed or where
any building newly built or rebuilt becomes liable to assessment
after the list has been compiled, the Board may at any time amend
such list accordingly ; provided that notice is given to all j^ersons
interested in the amendment of a time, not less than one month
from the date of the service of such notice, at which the amendment
is to be made. Provided that in the case of any building newly
built or rebuilt only a proportional part of the assessment shall be
charged from the date of the completion of such building.
(ii) Any person interested in any such amendnent may tender
his objection to the Board in writing before the time fixed in the
notice, or orally or in writing at that time, and shall be allowed an
opportunity of being heard in sujiport of the same in person or by
authorized agent, as he thinks fit.
27. It shall not be necessary to prepare a new record every year,
but .the Board may adopt the valuation and assessment for the
preceding year with such alterations as may in particular cases be
SANITARY BOARDS.
117
Appeals against
Board's assess-
ment.
deemed necessary as the valuation and assessment for the year
following ; provided that public notice of such valuation and
assessment shall be given in the manner prescribed by Section 23,
and that the provisions of such section and of the three following
sections shall be applicable to such valuation and assessment.
28. Any person who, having made a complaint or objection in the
manner prescribed by Section 24 against any rate assessed under the
provisions of this Enactment, is dissatisfied Avith the decision of the
Board thereon may appeal to the Court of a Judicial Commissioner ;
provided that with the presentation of the petition of appeal there
shall be paid into Court the amount of the rate appealed against.
29. Every such appeal shall be commenced within thirty days of Time allowed
the date of the certificate of the Board under Section 25, or in case of ^°'' appeal.
any subsequent amendment under the provisions of Section 26
within thirty days of the receipt by the person aggrieved of notice of
such amendment.
30. The decision of the Court of a Judicial Commissioner upon Finality of
any appeal under Section 28 shall be final and conclusive. appeal.
31. Subject to the provisions of " The Land Enactment, 1911," Rates to be a
any rate duly imposed under this Enactment shall be a first charge ^'If 1^^"^^ °«
on the property in respect of which it is imposed and shall be
recoverable in the manner heremafter provided.
32. All payments shall be made at the office of the Board or at piace of pay-
such other place as the Board may appoint, and counterfoil receipts ™^''*-
shall be issued signed by the Secretary or other officer of the Board
duly authorized thereto.
33. If any rate or fee be not paid within the prescribed time, the procedure if
Board may cause to be served upon the person liable therefor a ^Yd™^'^*^ ^^ ^°^
notice substantially in the Form A in the second schedule, signed
by the Secretary or other officer of the Board duly authorized in that
behalf, requiring such person to pay the same together with a fee of
fifty cents for the cost of the notice within fiJteen days from the date
of the service of such notice ; and if within fifteen days from the date
of service of such notice paj^ment be not made or sufficient cause be
not shewn to the satisfaction of the Board why payment should not
be made, it shall be lawful for a Magistrate on information laid by the
Secretary of the Board or other officer of the Board duly authorized
in that behalf to issue a warrant substantially in the form B in the
second schedule for the recovery of the amount due with all costs
by attachment and sale of the movable property of the person
liable to the amount of the said rate or fee, together with the
expenses of such attachment and sale, and if the person liable be
the occupier of any premises in respect of which the said rate or fee
is due by attachment and sale also of any movable property found on
such premises.
34. (i) The officer charged with the execution of such warrant inventory of
shall make an inventory of the property attached thereunder and ^'™^g^i^e^
shall at the same time give notice in writing substantially in the
form C in the second schedule to the person in possession thereof
118
No. 13 OF 1916.
Sales under
warrant :
application
of proceeds.
Property may
be attached
wherever
found.
Attachment
and sale of
immovable
property.
Application of
r-roceeds.
Purchaser's
title.
at the time of the attachment that such property will be sold as
therein mentioned.
(ii) It shall be lawful for such officer to break open in the daytime
any house or building for the purpose of effecting such attachment.
35. Unless the amount due with costs be paid within seven days
from the date of the attachment or the operation of the warrant be
suspended, the property attached or such part thereof as may be
necessary shall be sold by public auction and the proceeds shall be
applied in satisfaction of the said amount and costs, and the surplus
if any shall be paid to the person in possession of the property at the
time of the attachment.
36. The movable property of any person from whom any rate or
fee is due may be attached in manner aforesaid wherever the same
may be found for default in payment of the money due from such
person.
37. (i) If the amount due cannot be recovered in the manner
aforesaid, it shall be lawful for the Court of a Judicial Commissioner
on the application of the Secretary of the Board or other officer of
the Board duly authorized in that behalf to issue a warrant
substantially in the form D in the second schedule for the attachment
and sale of the immovable projDcrty in respect of which such amount
has accrued due.
(ii) The provisions of Section 68 of " The Registration of Titles
Enactment, 1911," shall apply in the case of any warrant issued
under this section in the same way as in the case of a warrant of
execution of a decree.
(iii) The attachment shall be made by an order under the hand of
the officer named in the warrant and expressed to be made pursuant
to such warrant, prohibiting the person liable for the said amount
from transferring or charging the property in any way and all persons
from receiving the same from him b}'^ purchase, gift, or otherwise. A
copy of the order shall be served upon the person liable as aforesaid,
and a copy shall also be fixed up in a conspicuous part of the property
attached.
(iv) If at the expiration of three months from the date of such
attachment such amount has not been paid or the operation of the
warrant suspended, the property attached may be sold in accordance
with the terms of the warrant.
38. The proceeds of such sale shall be applied in the first place in
satisfaction of the amount due and of all costs including fees for
preparation and registration of title and for registration of transfer
of the property to the purchaser, and in the event of their being any
surplus remaining the Board shall, if it is satisfied as to the right of
any ])<TSf)n claiming H\n;\\ surplus, pay the amount to such person,
and if it is not so satisfied sliall place the amount on deposit in the
Treasury to be held in trust for the person who may ultimately
succeed in estal)lishing his claim thereto.
39. To the j)urchaser at a sale under Section 37 there shall be
issued on payment of his purchase money to the Board an order in
SANITARY BOARDS.
119
Recovery from
owner of
assessment paid
writing from the Judicial Commissioner's Court entitling him to
have the title to the property or interest so purchased by him duly
registered in his name without the payment of any fee therefor, and
such registration shall have the effect of transferring to and vesting
in him such property or interest free from all encumbrances created
over it and from all subordinate interests derived from it except
such as are expressly reserved at the time of the sale.
40. If any person whose movable or immovable property has been Application to
attached under the provisions of this Enactment disputes the attachment!''
propriety of the attachment, he may apply to the Court whence the
warrant of attachment issued for an order to stay the proceedings,
and the Court after making such enquiry as may be necessary shall
make such order in the premises as may be just.
41. If the sum due from the owner of any house or building on
account of any rate or fee is paid by the occupier thereof, such
occupier may in the absence of any agreement to the contrary with by occupier,
the owner deduct from the next and following payments of his rent
the amount which may have been so paid by him.
42. No rate or fee which has remained due from the owner of any occupier when
house or building for more than one year shall be recoverable from ^°^ '''^bie.
the occupier thereof not being the owner.
43. Instead of proceeding by attachment and sale, or in case of Alternative
failure to realize by attachment and sale the whole or any part of the P-^ocedure.
sum due in respect of any rate or fee, the Board may sue the person
liable to pay the same in any Court of competent jurisdiction.
44. Every notice, order, or document required or authorized by service of
this Enactment or by any by-law passed hereunder to be served on "t^erdocu-
any person may be served personally upon the person to whom it is ments.
addressed or be left at his usual place of abode with some adult
member or servant of his family, or if it cannot with the exercise of
due dihgence be so served may be affixed in some conspicuous part
of such place of abode, and shall thereby be deemed to be duly served ;
provided that if the place of abode of the owner or occupier of any
land, house, or building in respect of which such notice, order, or
document is required to be served be unkno%vn, or if the owner or
occupier of such land, house, or building be not resident within the
Sanitary Board area, every such notice, order, or document shall be
deemed" to be duly served if affixed on some conspicuous part of such
land, house, or building.
45. No attachment or sale under this Enactment shall be deemed irregular
unlawful nor shall any person making the same be deemed a trespasser proceedings.
on account of any defect or want of form in any notice, warrant of
attachment and sale, inventory, or other proceeding relatmg thereto
nor shall any person be deemed a trespasser ab initio on account of
any irregularity afterwards committed by him ; but all persons
aggrieved by such irregularity may seek relief for the special damage
in any Court of competent jurisdiction.
46. (i) Whenever any rateable property within a Sanitary Board Not^i^ejo^be
area is sold or transferred, it shall be the duty of the purchaser or ^r'ansfe" ot'rate-
transferee within three months after such sale or transfer to give able property,
notice thereof to the Board in writing.
120
No. 13 OF 1916.
Board may
require produc-
tion of deeds.
Liability for
rates of
transferor
who has not
given notice.
Notice to be
given of new
buildings, etc.
Kotice to be
given of demoli-
tions and
removals of
buildings.
Penalty for
failing to give
notice.
Power to enter
upon lands for
the purposes of
this Enactment.
Proviso.
F,. 4 of 1919.
(ii) Whenever the oA\Tier of any rateable property witliin a
Sanitary Board area dies, it shall be the duty of the person
becoming the owner thereof by succession or otherwise to give notice
thereof in wi'iting to the Board within one year after the death of
the deceased.
(iii) On receipt of any such notice the Board may require the
production of the instrument of sale or transfer if any.
(iv) Every person who sells or transfers any rateable property
within a Sanitary Board area shall continue liable for the payment
of all rates payable in respect of such property and for the
performance of all other obligations imposed by this Enactment
upon the oA^Tier of such property Avhich become payable or are to be
performed at any time before notice of such transfer has been given
or until the sale or transfer has been recorded in the books of the
Board. Nothing herein contained shall affect the liability of the
purchaser or transferee to pay the rates in respect of such property
or to perform such obligation as aforesaid or affect the right of the
Board to recover such rate or to enforce such obligation under this
Enactment.
(v) When any new building is erected or when any building is
rebuilt or enlarged or when any building which has been vacant is
re-occupied, the owner of such building shall within fifteen days
give notice thereof in writing to the Board.
(vi) The said period of fifteen days shall be reckoned from the
date of the completion or of the occupation, whichever first occurs,
of the building which has been newly erected or re-built or of the
enlargement, as the case may be, and in the case of a building which
has been vacant from the date of the re-occupation thereof.
(vii) When any building or portion of a building which is liable to
the payment of rates is demolished or removed otherwise than by the
order of the Board, the owner shall give notice thereof in writing to
the Board. Until such notice is given the owner shall continue
liable to pay rates in respect of such building or portion of a building
as if the same had not been demolished or removed.
(viii) Every person failing to give any notice required by this
section shall be liable to a fine not exceeding ten dollars.
47. (i) The Board shall for the purposes of this Enactment have
power by itself or its officers, servants, workmen, or contractors to
enter at all reasonable hours in the daytime into and upon any build-
ing or land, as well for the purpose of making any survey or inspec-
tion as for the purpose of executing any work authorized by this
Enactment to be executed by it, without being liable to any legal
l)roceedings or molestation whatsoever on account of such entry or
of anything done in any part of such building or land in pursuance
of this Enactment. Provided that except when herein otherwise
provided the Board or its officers shall not enter into any dwelling-
house in actual occupation, unless with the consent of the occupier
thereof, without six hours' previous notice to such occupier.
(ii) The Resident of a State may declare that any class of premises
for the control, supervision, regulation, or inspection of which by-laws
SANITARY BOARDS.
121
Masistrate.
may be passed under Section 5 are liable to night inspection, and
thereupon the Chairman or Health Officer may at any time of the
day or night and without notice by himself or by any Sanitary Board
officer generally authorized by the Chairman in that behalf in writing
enter into and inspect any premises of the class specified in the
declaration.
48. (i) Except as herein otherwise provided, in all cases when compensation,
compensation, damages, costs, or expenses are by this Enactment or eosts*trbe"^
any by-laws passed hereunder directed to be paid the amount and if cietermined by
necessary the apportionment of the same shall in case of dispute be
summarily ascertamed and determined by a Magistrate, or if the
compensation claimed amount to one thousand dollars then by the
Court of a Judicial Commissioner.
(ii) If the amount of compensation, damages, costs, or expenses be
not paid by the party liable to pay the same within seven days after
demand, such amount may be reported to such Magistrate or Court
and recovered in the same way as if it were a fine imposed by such
Magistrate or Court.
49. (i) Every license issued under any by-law passed under this Revocation and
Enactment shall be revocable at the discretion of the Sanitary S'^enl'J^"*'" °^
Board by which the same was issued Avithout compensation at
the expiration of one month's notice in \vriting served on the holder
thereof, and every such license shall be liable to immediate cancella-
tion by the Board without notice and without compensation on any
failure of the holder thereof or his servants or agents to observe and
comply with any by-law or condition to which such license may from
time to time be subject.
(ii) It shall be laAA'ful for the Sanitary Board at its discretion to
refuse to issue any licenses.
50. All moneys received by a Sanitary Board by virtue of this or Disposal of
any other Enactment shall be paid into the District Treasury for the obje^te^oT*^
credit of the public revenue ; and all moneys entrusted to a Sanitary expenditure.
Board by the Government for expenditure shall be applied by the
Board for the purposes described in Section 4 and in the execution of
any other measures necessary to promote the health or convenience
of the public and generally for the purposes of this Enactment as may
be deemed expedient by the Board and subject in all cases to the
control and direction of the Resident of the State.
51. Proper statements of all receipts and disbursements on account Accounts,
of any Sanitary Board shall be kept and periodically rendered in such
form and at such times as the Resident of the State may direct.
51a. (i) The Besiderit of a State, with the approval of the Chief Application of
Secretary to Government, may from time to time by notification in the areafMt"beinfj
Gazette apply, with such modifications as to him shall seem fit, any sanitary Board
of the provisions of this Enactment or any by-law made thereunder to ^ ^^'^^ ^^^^
any area situate in the State whereof he is Resident ivhich is not com-
prised in whole or in part ivithin any Sanitary Board area, and there-
upon all such provisions of this Enactment and all such by-laws made
thereunder as are specified in such notification shall, subject to such
modifications as aforesaid, come into force within the area to which the
same have been applied.
122
No. 13 OF 1916.
Protection of
persons acting
under this
Enactment.
(ii) Where under subsection (i) any of the provisions of this Enact-
ment or any by-law made thereunder shall have beeen applied to any
area, the Resident of the State, with the approval of the Chief Secretary
to Government, may by notification in the Gazette appoint any
person or persons, either by name or office, to exercise and perform
within such area all or any of the powers and duties which are by this
Enactment or by any by-laiv made thereunder conferred or imposed
on a Sanitary Board or on any of its officers.
52. (i) No action shall be brought against any person for 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 by-law
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 ;
(c) after tender of sufficient amends.
(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 be given for the plaintiff in any such action
such plaintiff shall not have costs against the defendant unless the
Magistrate or Judicial Commissioner before whom the action is tried
shall certify his approbation of the action.
The First Schedule.
ENACTMENTS REPEALED.
FEDERAL ENACTMENTS.
No. and year.
Short title.
4 of 1911
27 of 1914
The Sanitary Boards Enactments, 1907, Amend-
ment Enactment, 1911
The Sanitary Boards Enactments, 1907, Amend-
ment Enactment, 1914
STATE ENACTMENTS.
State.
No. and
year.
Short title.
Perak
Selangor
Negri Sembilan
Pahang
10 of 1907
10 of 1907
9 of 1907
7 of 1907
The Sanitary Boards Enactment, 1907
Do.
Do.
Do.
SANITARY BOARDS. 123
The Second Schedule.
Form A.
NOTICE OF DEMAND.
" The Sanitary Boards Enactment, 1916," Section 33.
Take notice that whereas the sum of S which became due
on the day of , 191 .. , from (you) as owner (or occupier)
of (here describe the property or thing upon which the rate is
imposed) for the months of 191 . .is still unpaid you are now
Informed that, unless within fifteen days from the date of the service
of this notice the said sum together with the sum of fifty cents for
this notice be paid into the office of the said Board at or
sufficient cause be shewn to the satisfaction of the said Board why
such sum should not be paid, the said sum together with the costs
of process will be recovered under the powers contained in " The
Sanitary Boards Enactment, 1916."
Secretary, Sanitary Board.
Date
Form B.
WARRANT OF ATTACHMENT AND SALE OF MOVABLE
PROPERTY.
"The Sanitary Boards Enactment, 1916," Section 33.
To (here insert the name of the officer charged with the
execution of the warrant).
Whereas it has been made to appear to me that of has
not paid or shewn sufficient cause why he should not pay the sum of
$ due to the Sanitary Board of for the rates mentioned
in the margin for the months of 191 .. , although the period
provided by law has elapsed since the service of the notice of demand :
This is to command you to attach the movable property of the
said (or, as the case may be, any movable property found on
the premises referred to) to the amount of the said sum of S
and such further sum as may be sufficient to defray the charges of
attaching, keeping, and selling such property ; and if within seven
days next after such attachment the said sum shall not be paid
together with such further sum as may be sufficient to defray the
charges of attaching and keeping such property, to sell the said
property, and having paid and deducted out of the proceeds of
such sale the said sum of S and the charges of attaching and
keeping and selling such property to pay the surplus, if any, on
demand to the person in whose possession the said property was
found.
You are further commanded to return this warrant on or before
the day of 191 . .with an endorsement stating the date
and manner of its execution or why it has not been executed.
Given under my hand and seal this day of 191 . .
(Seal.) Magistrate.
124 No. 13 OF 1916.
Form C.
FORM OF INVENTORY AND NOTICE.
" The Sanitary Boards Enactment, 1916," Section 34.
To of
(State particulars of goods attached.)
Take notice that I have this day attached the property specified
in the above Inventory for the sum of $ due for the rates (or
fees) (or rates and fees) mentioned in the margin for the months
of 191 . . and that unless you pay into the Office of the Sanitary
Board the amount due together with the costs of this attachment
within seven days after the date of this notice the property will
be sold.
Date
Signature of the Ofpcer
executing the Warrant of Attachment.
F^DRM D.
WARRANT OF ATTACHMENT AND SALE OF
IMMOVABLE PROPERTY.
" The Sanitary Boards Enactment, 1916," Section 37.
To (here insert the name of the officer charged with the
execution of the warrant).
Whereas it has been made to appear to me that of
has not paid or shewn sufficient cause why he should not pay the
sum of $ due to the Sanitary Board of for the rates
mentioned in the margin for the months of 191 . . , although
the period provided by law has elapsed since the service of the
notice of demand, and that the said sum cannot be recovered in
the manner provided by Section 35 of " The Sanitary Boards
Enactment, 1916 " :
This is to command you to attach the immovable property here-
under described, being the property in respect of which the said sum
is due, and if within three months next after such attachment the
said sum shall not be paid to the said Sanitary Board together with
all costs due, to sell the same (or any portion thereof or interest
therein, as the case may be) subject to the directions of the said
Sanitary Board.
You are further commanded to return this warrant on or before
the day of 191 . . with an endorsement stating the date
and manner of its execution or why it has not been executed.
Given under my hand and seal this day of 191 . .
(Seal.)
DESCRIPTION OF LAND.
ENACTMENT NO. 2 OF 1917.
An Enactment to subject certain alienated Lands to a
condition prohibiting the cultivation thereon of
products other than Rice.
Arthur Young, [8th August, 1917.
President of the Federal Council. 10th August, 1917.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Rice Lands Enactment, short title and
1917," and shall come into force on the publication thereof in the ,\°e'nt!'^'^' '^
Gazette.
2. In this Enactment "the Collector" means any Collector or interpretation.
Assistant Collector duly appointed under " The Land Enactment,
1911."
3. (i) Subject to the provisions of Section 4, every title to land Condition
which is on the commencement of this Enactment held by entry in other '*'""
a mukim register and the nature of cultivation whereof is, by ah than'rlce""
entry in the column of the mukim register headed " Nature of
cultivation," described by any of the expressions set out in the
schedule hereto and by no other expressions shall by virtue of this
Enactment be subject to a condition that the said land shall not
be used for any cultivation other than the cultivation of rice, and
the said land shall be deemed to have been alienated for the purpose
of the cultivation of rice.
(ii) The said condition shall have effect as from the commence-
ment of this Enactment, shall run with the land and shall bind
the owner or owners thereof for the time being.
(iii) For the purposes of this Enactment cultivation of rice means
cultivation of wet rice except in cases where the expression used in
the said column of the mukim register is " tenggala " or " padi
(tenggala) " or " padi (ploughed) " or " padi (padang) " ; in such
last-mentioned cases cultivation of rice means cultivation of wet
or dry rice.
4. Any such land as aforesaid may be exempted from the opera- Exemption
tion of Section 3 by an order in that behalf made by the Collector ^'""^ condition.
of the District in which such land is situate with the permission of
the Resident of the State. Every such order shall be recorded in
the mukim register, and the Collector shall sign such record, and
such record so signed shall be conclusive proof that the land to
which such record relates is exempt from the operation of Section 3.
125
126
No. 2 or 1917.
Implied
condition for
re-entry.
Claims to
comoensation.
5. Every title to land which is by this Enactment subjected to
the condition referred to in Section 3 shall in resj^ect of the said
condition be subject, by virtue of this Enactment, to the operation
of Section 5 of " The Land Enactment, 1911," as if the said title
were a title under " The Land Enactment, 1911," and the said
condition were a condition implied by the provisions of " The Land
Enactment, 1911."
6. (i) Any person whose name is recorded in a mukim register as
owner of any land which is by this Enactment subjected to the
condition referred to in Section 3 and who is aggrieved by the
operation of this Enactment in respect of such land may at any
time within one year from the commencement of this Enactment,
but not at any later date, deliver or cause to be delivered to the
Resident of the State wherein the said land is situate a written
statement containing particulars of
(a) any damage or loss caused or likely to be caused to him or
to persons claiming under him by the operation of this
Enactment and
(b) the compensation (if any) claimed in respect of such damage
or loss.
(ii) If the Resident and the claimant do not within a period of
six months from the date of the delivery of the said statement to
the Resident agree as to the matters contained in the claim the
Resident shall, or if for any other reason it appears to the Resident
expedient so to do the Resident may, refer the claim to the Collector
of the District in which the land is situate, and thereafter the claim
shall be dealt with as nearly as may be in the manner provided by
Sections 85 to 105, inclusive, of "The Land Enactment, 1911,"
but so that it shall not be necessary to give any public notice or to
give notice to persons other than the owner or owners of the land
in respect of which the claim is made and the proceedings shall be
limited to determining the compensation (if any) to be awarded
in respect of loss or damage caused or likelj^ to be caused in respect
of the said land to the owner or owners thereof or to persons claiming
under him or them by the operation of this Enactment. Provided
that
(a) no compensation shall be payable on a claim made under
this section by any person in respect of land acquired
by him directly from the Government, unless he ])rove
that there was no stipulation between himself and the
Government that the said land should not be used for
any cultivation other than the cultivation of rice ;
(b) no person shall have any claim under this section in respect
of any land or be deemed for the purposes of the said
sections of " The Land Enactment, 1911," to be interested
in the land in respect of which a claim is made except
the person or persons whose name or names arc from
time to time recorded in the mukim register as owner or
owners thereof.
(iii) Payment of the compensation (if any) awarded shall be
made by the Collector of the District in which the land is situate.
RICE LANDS.
127
7. No suit shall be instituted in any Court against the Chief
Secretary to Government or against the Government of the Federated
Malay States or of any of them or against any public officer in
respect of any matter or thing arising under or resulting from the
operation of this Enactment, excej^t a suit to recover compensation
awarded under this Enactment in any case where payment thereof
is not duly made in accordance with the provisions of Section 6 (iii).
Suits barred.
Schedule.
Bendang
Low land
Padi
Padi field
Padi (paya)
Padi sawali
Swamp padi
Wet padi
Paya
Paya (kubang)
Rice
Kice field
Sawah
Tanah pamah
Tenggala
Padi (tenggala)
Padi (ploughed)
Padi (padang)
ENACTMENT NO. 4 OF 1917.
An Enactment to make provision for tlie registration of
Aliens and for other purposes.
Arthur Young,
President of the Federal Council.
[8th August, 1917.
1st September, 1917.]
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 Registration of Aliens
mrat!^"'^^ Enactment, 1917," and shall come into force on such day as shall
be appointed by the Chief Secretary to Government by notification
in the Gazette.
Interpretation.
Persons arriving
or leavini,' to
answer all
enquiries.
2. In this Enactment unless there is something rej)ugnant in the
subject or context —
" Alien " means a subject of any State in Europe other than the
United Kingdom of Great Britain and Ireland or a subject of any
other State whose subjects shall have been declared by the Chief
Secretary to Government by notification in the Gazette to be liable
to the provisions of this Enactment ;
" Keeper of a lodging-house " includes any person who for reward
receives any other person to lodge with him or in his house, and
where any hotel, inn, boarding-house, or lodging-house is under the
management of a manager the expression "keeper" when used in
relation thereto includes such manager.
3. (i) Any person who arrives in the Federated Malay States or
who is about to leave the Federated Malay States shall truthfully
and fully answer all questions and enquiries put to him by any
Commissioned Officer of His Britannic Majesty's Naval or Military
Forces or any person authorized by such officer or by any Port
Officer, Health Officer, Police Officer, or Boarding Officer, notwith-
standing that the answer to any such question may tend to render
such person liable to any restriction \\hatsoever or may tend to
incriminate him, and shall disclose and produce to any such officer
on demand all documents in the possession of such person tending
directly or indirectly to estal)lish his idcMitity, nationality, or occupa-
tion, or any absolute or conditional liability on his part to any
military or naval service under any State whatsoever.
(ii) This section shall extend to any enquiry made of any person
who is suspected of having arrived in the Federated Malay States
since the fourth day of August, 1914, or who shall hereafter so
128
REGISTRATION OF ALIENS. 129
arrive, or who shall hereafter be suspected of being about to leave
the Federated Malay States.
(iii) Any answer to any question or enquiry shall bo admissible
in evidence in any proceedings under this Enactment against the
person making such answer ; provided that nothing in this section
shall be construed as rendermg any such answer inadmissible in
any other proceedings in which it would otherwise be admissible.
(iv) Any person who fails to comply with the provisions of this
section shall be deemed to be guilty of an offence against this
Enactment.
4. (i) Any person who arrives in the Federated Malay States, or Person? arriving
who is about to leave the Federated Malay States, shall, if so "^.^^eldTor"
directed by any olficer mentioned in Section 3, proceed, at or before further enquiry
such time as may be directed by such officer, to such place or places directed.
as such officer may direct for further enquiry into his case.
(ii) Any such person who fails to comply with the provisions of
this section shall be deemed to be guilty of an offence against this
Enactment.
5. (i) An alien, wherever resident in the Federated Malay States, Eegistration of
shall comply with the following requirements as to registration : *^^^ns, resident
(a) he shall as soon as may be furnish to the Chief Police Officer Malay states.
of the State in which he is resident particulars as to the
matters set out in the schedule ;
(b) he shall, if he is about to change his residence, furnish to
the Chief Police Officer of the State in which he is then
resident particulars as to the date on which his residence
is to be changed, and as to his intended place of residence,
and on effecting any change of residence from one State
to another he shall also forthwith report his arrival in the
State into which he moves to the Chief Police Officer of
that State ;
(c) he shall furnish to the Chief Police Officer of the State
in which he is resident particulars of any circumstance
affecting in any manner the accuracy of the particulars
previously furnished by him for the purpose of registration
within forty-eight hours after the circumstance has
occurred.
(ii) Where an alien is lodging with or living as a member of the
household of any other person, it shall be the duty of that person
either himself to furnish with respect to the alien the particulars
aforesaid, or to give notice of the presence of the alien in his house-
hold to the Chief Police Officer.
(iii) Where an alien has a household he shall furnish the par-
ticulars as aforesaid not only as respects himself, but as respects
every alien who is living as a member of his household.
(iv) An alien or other person who fails to comply with the
provisions of this section shall be deemed to be guilty of an offence
against this Enactment.
Ill— 9
130
No. 4 OF 1917.
Chief Police
Officer to keep
register.
Hotel-keepers
to keep
resister.
Chief Secretary
niav oriler
returns to be
made of all
persons staying
ia hotels, etc.
6. (i) The Chief Police Officer of each State shall
(a) keep a register for the purposes of Section 5 ;
(6) register therein all aliens resident in the State who furnish
particulars for the purpose, by entering these particulars
in the register ;
(c) enter in th3 register all other particulars furnished in
accordance with Section 5 with respect to any alien so
registered ; and
{d) if a registered alien ceases to be resident in the State, record
the fact in the register.
(ii) Every alien shall furnish to the Chief Police Officer of the
State, in addition to any such particulars as aforesaid, any informa-
tion which may reasonably be required for the purpose of registering
the alien, or maintaining the correctness of the particulars entered
on the register.
(iii) Every alien, who fails to give any information when so
required, or gives any false information, shall be deemed to be
guilty of an offence against this Enactment.
7. (i) The keeper of every hotel, inn, boarding-house, and
lodging-house, shall
(a) keep a register in such form as may be prescribed by the
Chief Secretary to Government of all persons over the age
of fourteen years staying at the hotel, inn, boarding-house,
or lodging-house, who are aliens ;
(6) as soon as may be after any such person comes to stay at
the hotel, inn, boarding-house, or lodging-house, ascertain,
and enter in the register kept for the purpose, his name
and nationality, together with the date of his arrival ;
(c) on the departure of any such person, as soon as may be,
enter the date of departure and destination on departure
of that person in the register ; and
(d) also ascertain and enter in the register from time to time
such other particulars as may be prescribed by the Chief
Secretary to Government.
(ii) The keeper of an hotel, inn, boarding-house, or lodging-house,
who
(a) fails to comply with any of the foregoing provisions of this
section, or
(fe) makes an entry in any such register which he knows or
could by the exercise of reasonable diligence have ascer-
tained to be false,
shall be deemed to be guilty of an offence against this Enactment.
8. The keeper of every hotel, inn, boarding-house, or lodging-
house shall also, if directions for the purpose are issued by the Chief
Secretary to Government, make to the Chief Police Officer of the
State in which the hotel, inn, boarding-house, or lodging-house is
situate, such returns aa to the persons staying at the hotel, inn,
REGISTRATION OF ALIENS. 131
boarding-house, or lodging-house, at such times or intervals and in
such form as are specified in such directions, and if he fails to do so,
or makes any false return, he shall be deemed to be guilty of an
offence against this Enactment.
9. (i) The keeper of every hotel, inn, boarding-house, and lodging- aii persons
house, shall, with a view to ascertaining whether any person staying hote^fetl.,
at the hotel, inn, boarding-house, or lodging-house is or is not an required to
alien, require every person (whether an alien or not) who stays at prescribed
the hotel, inn, boarding-house, or lodging-house to furnish to him, P*'^''''^"''*rs.
in such form as may be prescribed by the Chief Secretary to
Government, a signed statement as to the particulars contained in
that form.
(ii) Every person (whether an alien or not) shall furnish the
said particulars and such a signed statement as aforesaid when so
required.
(iii) Every keeper of an hotel, inn, boarding-house, or lodging-
house who fails to require any person staying at the hotel, inn,
boarding-house, or lodging-house to furnish such information as
aforesaid, and every person staying at the hotel, inn, boarding-
house, or lodging-house who fails to give any information when so
required, or gives any false information, shall be deemed to be
guilty of an offence against this Enactment.
10. Every register kept under Section 7 and all particulars Register to be
furnished under Section 9 shall at all reasonable hours be open for open to
inspection by any officer of Police or by any person authorized by LTaiTtlmes.
the Chief Police Officer.
11. The Resident of a State may exempt the keeper of any hotel, Exemptions.
inn, boarding-house, or lodging-house in such State from all or any
of the requirements of this Enactment.
12. (i) Any Police Officer authorized by the Commissioner of powers of
Police or the Chief Police Officer of the State in writing in that detention,
behalf, either generally or for a particular occasion, may seizure, and '
removal.
(a) detain for further enquiries during a period not exceeding
four days any person in whose case such Police Officer
may have reason to believe that further enquiry is neces-
sary ;
(b) arrest and bring before a Magistrate any person whom such
Police Officer may have reason to suspect of having
contravened or attempted to contravene any of the
provisions of this Enactment ;
(c) search the person and property and effects of any person
whom it may be lawful for such Police Officer to detain
or arrest, or who may arrive in or be about to leave the
Federated Malay States, provided that no female person
shall be searched except by a female, and provided that
no person shall be searched in a public place if he objects
to be so searched ;
{d) search any place or vessel (not being a ship of war) in which
such Police Officer may have reason to suspect that there
132
No. 4 OF 1917.
Penalties.
Aiding and
abetting.
Power of arrest
without
warrant.
Onus of proof.
may be anything which may be evidence of any contra-
vention or intended contravention of any of the provisions
of this Enactment, or which may belong to or be in the
possession or under the sole or partial control of any
person whom it may be lawful for such Police Officer to
detain or arrest ;
(e) seize, remove, and detain anything which may appear to be
evidence of any contravention of the law, or which it
may be desirable to detain for further examination, or
which may appear to belong to or to be in the possession
of or to be under the sole or partial control of any person
whom it may be lawful for such Police Officer to detain
or arrest.
(ii) Such Police Officer may
(a) break open any outer or inner door of or in any such place ;
(b) forcibly enter any such vessel and every part thereof ;
(c) remove by force any personal or material obstruction to any
arrest, detention, search, seizure, or removal which he is
empowered to make ;
(d) detain every person found in such place or on board such
vessel until such place or vessel has been searched,
(iii) Any person who obstructs any detention, arrest, search,
seizure, or removal, which is authorized by this Enactment, shall
be deemed to be guilty of an offence against this Enactment.
13. (i) Any person who is guilty of an offence against this
Enactment shall be liable on conviction before the Court of a
Magistrate of the First Class to a fine not exceeding one thousand
dollars or to imprisonment of either description for a term which
may extend to six months, and the Court before which he is con-
victed may, either in addition to or in lieu of any such punishment,
require such person to enter into recognizances with or without
sureties to comply Avith the provisions of this Enactment or such
provisions thereof as the Court directs.
(ii) If any person fails to comply with an order of the Court
requiring him to enter into recognizances, the Court may order him
to undergo imprisonment of either description for a term which
may extend to six months.
14. Any person who aids or abets any person in the commission
of any offence against this Enactment or knowingly harbours any
person whom he knows or has reasonable ground for supposing to
have committed an offence against this Enactment shall be deemed
himself to be guilty of an offence against this Enactment.
15. Any person who commits an offence against this Enactment
or is reasonably suspected of having committed or being about to
commit an offence against this Enactment may be taken into
custody without warrant by any Police Officer.
16. If any question arises under this Enactment whether any
person is an alien or not, the onus of proving that that person is not
an alien shall lie upon that person.
REGISTRATION OF ALIENS. 133
The Schedule.
(Section 5.)
" The Registration of Aliens Enactment, 1917."
PARTICULARS TO BE FURNISHED ON REGISTRATION.
Name
Nationality and birth-place
Sex
Trade, profession, or employment
Age
Personal description and, if so required, a photograph of the
alien
Distinctive marks (if any)
Finger prints (if so required)
Place of residence (including nature of tenure or occupancy)
Place of business (if any)
Date of commencement of residence
Whether the alien has been or is in the service of any Government,
and, if so, for how long and in what capacity
Any other matters of which particulars are reasonably required
by the Chief Police Officer
ENACTMENT NO. 5 OF 1917.
As amended by Fed. E. 13 of 1918.
An Enactment to repeal and re-enact
Emergency Enactment, 1914."
The PubUc
Arthur Young,
President of the Federal Council.
[8th August, 1917.
29th August, 1917.]
Short title.
Operation.
Repeal and
savin?
provisions.
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 Emergency
Enactment, 1917."
(ii) Whenever it appears to the High Commissioner that owing
to the existence of any public emergency it is expedient that this
Enactment should be brought into force, he may by notification in
the Gazette order that this Enactment come into force on a date to
be specified in such notification and this Enactment shall come into
force on the date so specified and shall thereafter remain in force
until the High Commissioner shall by notification in the Gazette
order that the same do cease to be in force.
(iii) Upon the coming into force of this Enactment the Enact-
ments specified in the schedule hereto shall be repealed, but all
rules, orders, regulations, prohibitions, and notifications made or
issued under any Enactment hereby repealed which were in force
immediately prior to the commencement of this Enactment shall
be deemed to have been made or issued under this Enactment.
2. In this Enactment " the Army Act " means the Act of the
Imperial Parliament 44 and 45 Victoria, Chapter 58.
3. The High Commissioner may make any rules or orders respect-
ing any port or harbour in the Federated Malay States and the
movement or location of ships and boats therein or in any waters of
the Federated Malay States, and any provision of any written law
which may be inconsistent with any rule or order made by the High
Commissioner under this section and published in the Gazette shall be
suspended and of no effect during the continuance of such rule or
order. Provided that no such rule or order shall be put in force in
such a manner as to be prejudicial to the action of any Naval or
Military Forces of His Britannic Majesty.
Removal of per- 4. Tlio High Commissioner may order any person to quit the
Kealrated Malay Federated Malay States or any part of or place in the said States to
states. be specified in such order and may at the time of making such order
or at any time thereafter cause such person to be arrested and
134
Interpretation.
Rules for ports
and harbours.
PUBLIC EMERGENCY.
135
movable
property.
detained in custody pending liis departure or removal from the
Federated Malay States or from such part thereof or place therein
and may cause him to be removed from the Federated Malay States
or from such part thereof or place therein and for that purpose to be
placed in any railway train or on board of any ship or boat and there
to be kept in custody until such removal has been effected.
5. The High Commissioner may, by notification in the Gazette, Prohibition of
prohibit the importation into or the exportation from the Federated 'exportation. "'^
Malay States, either absolutely or from or to any country, territory,
or place without the Federated Malay States in such notification to
be specified, of any animal or thing, and any animal or thing to
which such prohibition as aforesaid relates shall be deemed for the
purposes of the Customs Regulations Enactments, 1907, to be
prohibited goods,
6. The High Commissioner may require any person to do any work Requisitioning
or render any personal service which the High Commissioner may se^vfce!^
think necessary to order in aid of or in connection with the defence
of the Federated Malay States.
7. The High Commissioner may require any person to supply any Requisitionin
animals, vehicles, shij)s, boats, or other movable property belonging
to or under the control of such person to the Government if such
property be required in aid of or in connection with the defence of
the Federated Malay States and, in default of the person supplying
the same, may seize and take possession of and retain any such
animals, vehicles, ships, boats, or other movable property for such
purposes.
8. The High Commissioner may take and retain for such period as TaWn?
he may think necessary possession for public purposes of any land or L^ndf *"'" °^
building or other property and may, if he think it necessary for the
purposes of the defence of the Federated Malay States, cause any
buildings to be pulled do^vn and removed and any property to be
removed from one place to another or to be destroyed.
9. The High Commissioner may seize and take possession of any Tai^in^
grain, article of food, coal, or other fuel and mineral oils within the Fo'oTand fue!.
limits of the Federated Malay States and may sell any grain, article
of food, coals, fuel, and oils so seized and taken at such prices as may
be determined by the Board hereinafter mentioned, and the moneys
to be received for such sales shall be paid into the Treasury of the
Federated Malay States.
10. (i) The High Commissioner may, by notification in the (^ase^fe. Regulation of
prescribe the maximum price for which any article of food may be ^""^'^^ ^
sold either throughout the Federated Malay States or in any part
thereof specified in the said notification, and any person who, after
the publication of such notification in the Gazette and until it shall
have been revoked, shall in any place to which such notification
applies sell any article of food at a higher price than the price so
prescribed shall be deemed guilty of an offence against this
Enactment and shall on conviction thereof be liable to a fine not
exceeding fifty dollars or to imprisonment of either description for
a term not exceeding three months.
136
No. 5 OF 1917.
Control of trade
in liquors. •
Remuneration
and compensa-
tion.
Board for fixing
remuneration,
compensation,
and prices.
(ii) The terms of every notification published under sub-section
(i) shall be made laiown by the posting of copies thereof and of
renderings thereof in the Malay, Chinese, and Tamil languages in
public places in towns and villages throughout the area wherein such
notification has effect, and the revocation of every such notification
shall be similarly made known ; provided that nothing in this sub-
section contained shall affect the validity or effect of the publication
of a notification under sub-section (i).
(iii) Whenever it is proved that a breach of the provisions of this
section has been committed by a person employed by a dealer in
articles of food, such dealer shall be held to be liable for such breach
and to the penalty provided therefor unless he prove to the satisfac-
tion of the Court before which the proceedings are had that the same
was committed without his knowledge or consent and that he had
taken all reasonable steps to ensure due compliance with the
provisions of this section ; provided that nothing in this sub-section
contained shall exempt any person emplo3^ed by such dealer from
liability to the penalty provided for any breach of the provisions
of this section proved to have been committed by such person.
11. The High Commissioner may take any steps which he may
consider necessary in the interests of the defence of the Federated
Malay States for controlling the trade in beer, wine, spirits, toddy, or
arrack.
12. The High Commissioner shall, out of the public funds of the
Federated Malay States, pay to every person who shall be required to
do any personal service by virtue of this Enactment such remunera-
tion, and to every person whose property shall be taken, including
any grain, article of food, coal, or other fuel taken by virtue of Section
9 or temporarily taken possession of or removed or destroyed by
virtue of this Enactment, such compensation as shall be agreed on
between the High Commissioner and such person and, in default of
agreement, such renumeration or compensation as shall be awarded
by the Board hereinafter mentioned, whose award shall be final.
13. (i) For the purpose of determining the amount of any
remuneration or compensation payable under this Enactment and
the prices at which any grain, article of food, coal, or other fuel taken
under Section 9 may be sold to the inhabitants of the Federated
Malay States, the High Commissioner shall appoint a Board con-
sisting of five persons, of whom one shall be a Judicial Commissioner
or Magistrate, two shall be officers employed in the public service,
and the other two shall be inhabitants of the Federated Malay States
not so employed. All questions referred to the said Board shall, in
case of a difference of opinion, be decided by the votes of the majority
of the members. The Judicial Commissioner or Magistrate shall be
the Chairman of the Board.
(ii) The said Board in fixing the price to be paid for articles
taken under Section 9 shall not make any addition on account of
the purchase being compulsory, and they shall fix the prices at which
sucli articles shall be sold at such rates as will, except under special
circumstances, recoup to the Government the cost of purchasing the
same and other expenses incidental thereto.
PUBLIC EMERGENCY.
137
(iii) The said Board 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 jurisdic-
tion, and persons summoned by the said Board to attend before it
shall be legally bound so to attend and to state the truth on all
subjects on which they may be questioned by the Board.
14. Any person authorized by the High Commissioner in writing Entry upon
in that behalf may enter upon and into any land, house, or other ^^°^^ ^'
building in the Federated Malay States and examine and inspect
such land or building and every or any part thereof and, in case of
opposition or obstruction, may use force to effect such entry,
examination, and inspection and shall not be liable for any damage
directly or indirectly occasioned by such forcible entry.
15. Every person who refuses or neglects to obey or comply with Penalty.
any order or requisition made under this Enactment or does any-
thing whereby the execution of any such order or requisition is
prevented or hindered, or with intent to prevent or hmder the
execution of any such order or requisition, shall be guilty of an
offence against this Enactment, and shall, on summary conviction
thereof, be hable to a fine not less than twenty dollars and not more
than one hundred dollars or to imprisonment of either description
for a term not exceeding one month.
16. If any person shall by obeying any order or requisition made interference
under this Enactment be prevented from fulfilling any contract, ^^^h contracts.
such person shall not be deemed to have thereby committed a
breach of contract but such contract shall be deemed to be
suspended by such order or requisition so far as its fulfilment is
thereby rendered impossible.
Power to
postpone
and suspend
liabilities.
17. The High Commissioner may, by notification in the Gazette,
postpone for such period as he may think necessary or just and
expedient the time at which any rent or other moneys shall become
due and payable and particularly may so extend the period of
maturity of bills of exchange or other negotiable instruments payable
in the Federated Malay States and may suspend for such time as he
may think right the execution of the judgment of any Civil Court
and the enforcement of any process for the recovery of the possession
of property in default of payment of rent, if he shall consider that,
owing to circumstances arising out of the existing public emergency,
the immediate execution of such judgments or enforcement of such
process would be inequitable or inexpedient.
18. Sections 3, 4, 6, 7, and 9 shall not apply to any person in the Limitation of
Naval or Military Service of His Britannic Majesty or to any of His jfanro. ' ' '
said Majesty's ships.
19. (i) At any time when the Army Act shall, by virtue of any order
Enactment of the Federal Council, be in force, whether with or perions'to
without exceptions or modifications, in the Federated Malay States, military law.
the High Commissioner may, by order under his hand published in
the Gazette, direct that all persons or particular classes of persons who
shall for the time being be within the limits of the Federated Malay
138 No. 5 OF 1917.
States or of particular parts of the Federated Malay States to be
• specified in the order and to whom the Army Act does not otherwise
apply shall be subject to military law for the purposes of the Army
Act.
(ii) Every such order shall remain in force until revoked by an
order under the hand of the High Commissioner published in the
Gazette.
(iii) To every person who is included \^dthin the scope of an order
published under sub-section (i) the Army Act shall be deemed to
apply in the same manner as if such person had been a person
accompanjang His Britannic Majesty's troops or some portion
thereof when employed on active service, and such person shall for
the purposes of the said Act be deemed to be under the command of
the officer for the time being commanding the troops in the Colony.
Provided that, except in the case of an offence punishable under
Section 20, a person who is by virtue of this section subject to
military law shall, unless the High Commissioner directs otherwise,
be tried by a competent Civil Court, and not by court-martial, for
any offence for which he would be triable if he were not subject to
military law.
Provided further that a person who is by virtue of this section
subject to military law may, if the High Commissioner so directs,
be tried for any offence punishable under the Army Act by a Civil
Court, that is to say, by the Court of a Magistrate in a summary
manner if the offence is not punishable by death or penal servitude
and if the Court considers that it would be adequately punished by
imprisonment for a term not exceeding six months and in all other
cases by the same Court and in the same manner as if the offence
with which such person is charged were an offence against the civil
law not triable by the Court of a Magistrate.
EcRuiations for 20. (i) Thc High Commissioner may at any time when a state of
safety.^ ^'^ War cxists between His Britannic Majesty and any country or State
(such country or State and the inhabitants thereof being hereafter
in this section referred to as " the enemy ") make regulations for
securing the public safety and the defence of the Federated Malay
E. 13 of 1918. States or for furthering directly or indirectly the 'prosecution of the war,
and as to the powers, duties, and obligations for any of the said pur-
poses of persons employed in the Federated Malay States in the public
service of the said States or in the service of His Britannic Majesty
and of any other persons, and in particular may by such regulations
make provision with regard to all matters coming within the classes
of subjects hereinafter enumerated, that is to say :
I. Censorship, and the control and suppression of publications,
writings, maps, ])lans, ])hotographs, onnimnuioations, and
means of communication ;
II. Arrest, (Ictcntion. exclusion, and <lc[)ortation ;
ITT. Control of the harbotirs. j)orts, and territorial waters of the
Federated Malay States, and thc movements of vessels ;
PUBLIC EMERGENCY. 139
IV. Transportation by land, air, or water, and the control of
the transport of persons and things ;
V. Trading, exportation, importation, production, and manu-
facture ;
VI. Appropriation, control, forfeiture, and disposition of
property, and of the use thereof ;
VII. Prevention of the spread of reports likely to cause
unnecessary alarm or despondency or of false reports or
reports likely to cause disaffection to His Britannic
Majesty or to any of the Rulers of the Federated Malay
States or to interfere with the success of His Britannic
Majesty's Forces by land or sea or to prejudice His
Britannic Majesty's relations with foreign powers ;
and may by such regulations authorize the trial by courts-martial or
Civil Courts, and in the case of minor offences by Courts of Magis-
trates, of persons committing offences against such regulations, and
the infliction by such Civil Courts of the follo\ving punishments,
that is to say,
(a) in the case of Courts of Magistrates, imprisonment of either
description for a term not exceeding six months or a fine
not exceeding one thousand dollars, or both such imj)rison-
ment and fine ; and
(b) in the case of the Court of a Judicial Commissioner, penal
servitude for life or any less punishment, or, in the case of
offences where intention of assisting the enemy is proved,
death or any less punishment.
(ii) For the purpose of the trial of a person for an offence against
such regulations by court-martial and the punishment thereof,
the person may be proceeded against and dealt with as if he were
a person subject to military law and has on active service committed
an offence under Section 5 of the Army Act.
Provided that where it is proved that the offence is committed
with the intention of assisting the enemy a person convicted of such
an offence by a court-martial shall be liable to suffer death.
(iii) For the purjiose of the trial of a person for an offence under
the regulations by a Civil Court and the punishment thereof, the
offence shall be deemed to have been committed either at the place
in which the same actually was committed or in any place in which
the offender may be.
(iv) Any provision of any law of the Federated Malay States
which may be inconsistent with any regulation made by the High
Commissioner under this Section shall be suspended and of no effect
during the continuance of such regulation.
(v) All regulations made under this section shall be published in
the Gazette.
21. The High Commissioner may, if he thinks fit, delegate to the Delegation of
Chief Secretary to Government or to the Naval or Military Authori- """"""^
ties in the Federated Malay States anj'^ of his powers under this
Enactment, and may at any time revoke any such delegation.
powers.
140
No. 5 OF 1917.
Schedule.
ENACTMENTS REPEALED.
No. and
Short title.
year.
1 of 1914
The Public Emergency Enactment,
1914
5 of 1914
The Public Emergency Enactment,
Enactment, 1914
1914,
Amendment
9 of 1915
The Public Emergency Enactment,
Enactment, 1915
1914,
Amendment
17 of 1916
The Public Emergency Enactment,
Enactment, 1916
1914,
Amendment
ENACTMENT NO. 7 OF 1917.
All Enactment to consolidate and amend the law relating
to Fraudulent Marks on Merchandise.
Arthur Young, [8th August, 1917.
President of the Federal Council. 10th August, 1917.]
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 Merchandise Marks short title,
Enactment, 1917," and shall come into force upon the publication commencement,
thereof in the Gazette.
(ii) Upon the coming into force of this Enactment the Enact-
ments mentioned in the schedule shaU be repealed.
2. In this Enactment unless there is something repugnant in the interpretation,
subject or context —
" Trade mark " means a trade mark registered in a register of
trade marks kept under this Enactment or under any other Enact-
ment in force for the time being in the Federated Malay States or
under any law in force for the time being in the United Kingdom
of Great Britain and Ireland relating to trade marks, and includes
any trade mark which either with or without registration is protected
by law in any British Possession or Protectorate or in any foreign
State to which the provisions of Section 91 of the Patents and
Designs Act, 1907, of the said United Kingdom are for the time
being under Order in Council of His Britannic Majesty applicable
in respect of trade marks ;
" Trade description " means any description, statement, or other
indication, direct or indirect,
(a) as to the number, quantity, measure, gauge or weight of
any goods ; or
(&) as to the place or country in which any goods were made
or produced ; or
(c) as to the mode of manufacturing or producing any goods ; or
{(l) as to the material of which any goods are composed ; or,
(e) as to any goods being the subject of an existing patent,
privilege, or copjTight ; or
(/) as to the degree of fineness of gold and silver goods ;
and the use of any figure, word, or mark which, according to the
custom of the trade, is commonly taken to be an indication of any
141
142
No. 7 OF 1917.
of the above matters shall be deemed to be a trade description
within the meaning of thi.s Enactment ;
"False trade description" means a trade description which is
false in a material respect as regards the goods to which it is applied,
and includes every alteration of a trade description, whether by
way of addition, effacement, or otherwise, where that alteration
makes the description false in a material respect, and the fact that
a trade description is a trade mark or part 'of a trade mark shall
not prevent such trade description being a false trade description
within the meaning of this Enactment ;
" Goods " means anything which is the subject of trade, manu-
facture, or merchandise ;
" Manufacturer, dealer, or trader" and " proprietor " include any
company or association or body of individuals, whether incorporated
or not ;
" Name " includes any abbreviation of a name.
Trade mark.
Property mark.
UsiriK ft false
trade mark.
Using a false
property mark.
Punishment for
usini; a false
trade mark or
property mark.
Counterfeiting
a trade mark or
property mark
used by
another.
Counterfeiting
a mark used by
a public
servant.
TRADE, PROPERTY, AND OTHER MARKS.
3. A mark used for denoting that goods are the manufacture or
merchandise of a particular person is called a trade mark.
4. A mark used for denoting that movable proj)erty belongs to
a particular person is called a proj^erty mark.
5. Whoever marks any goods or any case, package, or other
receptacle containing goods, or uses any case, package, or other
receptacle with any mark thereon, in a manner reasonably calculated
to cause it to be believed that the goods so marked, or any goods
contained in any such receptacle so marked, are the manufacture or
merchandise of a person whose manufacture or merchandise they
are not, is said to use a false trade mark.
6. Whoever marks any movable property or goods or any case,
package, or other receptacle containing movable property or goods,
or uses any case, package, or other receptacle having any mark
thereon, in a manner reasonably calculated to cause it to be believed
that the property or goods so marked, or any property or goods
contained in any such receptacle so marked belong to a person to
whom they do not belong, is said to use a false property mark.
7. Whoever uses any false trade mark or any false property
mark shall, unless he proves that he acted without intent to defraud,
be punished with imprisonment of either description for a term
which may extend to one year or with fine, or with both.
8. Whoever counterfeits any trade mark or property mark used
by any other person shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine,
or with both.
9. Whoever counterfeits any property mark used by a public
servant, or any mark used by a public servant to denote that any
property has been manufactured by a particular person or at a
particular time or place or that the property is of a particular
MERCHANDISE MARKS. - 143
quality or has passed through a particular office or that it is entitled
to any exemption, or uses as genuine any such mark knowing the
same to be counterfeit, shall be punished with imprisonment of
either description for a term which may extend to three years, and
shall also be liable to fine.
10. (i) A person shall be deemed to counterfeit a trade mark or what
property mark who either col^terfeuin- a
(a) without the assent of the proprietor of the trade mark or property mark.
property mark makes that trade mark or property mark
or a mark so nearly resembling that trade mark or
property mark as to be calculated to deceive ; or
(6) falsifies any genuine trade mark or property mark whether
by alteration, addition, effacement, or otherwise ;
and any trade mark or property mark so made or falsified is in this
Enactment referred to as a counterfeit trade mark or property
mark.
(ii) In any prosecution for counterfeiting a trade mark or onus of proof.
property mark the burden of proving the assent of the proprietor
shall lie on the defendant.
11. Whoever makes or has in his possession any die, plate, or Making or
other instrument for the purpose of counterfeiting a trade mark or possession of
, . ^ , . ^ . , ® , any instrument
property mark, or has m his possession a trade mark or property for counter-
mark for the purpose of denoting that any goods are the manufacture mark'or *'^*'^''
or merchandise of a person whose manufacture or merchandise they property mark,
are not, or that they belong to a person to whom they do not
belong, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine or with
both.
12. Whoever imports, sells, or exposes or has in his possession for importing or
sale or any purpose of trade or manufacture, any goods or things soods'mark'ed
with a counterfeit trade mark or property mark affixed to or «^itha
1 ,1 , J- i ./ counterfeit
impressed upon the same or to or upon any case, package, or other trade mark or
receptacle in which such goods are contained, shall, unless he P'^P^'^y »»ark.
proves
(a) that, having taken all reasonable precautions against com-
mitting an offence against this section, he had at the
time of the commission of the alleged offence no reason
to suspect the genuineness of the mark, and
(6) that, on demand made by or on behalf of the prosecutor,
he gave all the information in his power with respect to
the persons from whom he obtained such goods or things,
or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term
which may extend to one year, or with fine, or with both.
13. Whoever makes any false mark upon any case, package, or Making a false
other receptacle containing goods, in a manner reasonably calculated J^cgptacie" *°^
to cause any public servant or any other person to believe that such containing
goods.
144
No. 7 OF 1917.
Punishment for
makinii use of
any such false
mark.
Tampering with
property mark
with intent to
cause injury.
Provisions sup-
plemental to
the definition
of false trade
description.
Application
of trade
descriptions.
receptacle contains goods which it does not contain or that it does
not contain goods which it does contain or that the goods contained
in such receptacle are of a nature or quality different from the real
nature or quality thereof shall, unless he proves that he acted
without intent to defraud, be punished with imprisonment of
either description for a term which may extend to three years, or
with fine, or Avith both.
14. Whoever makes use of any such false mark in any manner
prohibited by Section 13 shall, unless he proves that he acted
without intent to defraud, be punished as if he had committed an
offence against that section.
15. Whoever removes, destroys, defaces, or adds to any projjcrty
mark intending or knowing it to be likely that he may thereby cause
injury to any person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine,
or with both.
TRADE DESCRIPTIONS.
16. (i) The provisions of this Enactment resftecting the
application of a false trade descrij)tion to goods shall extend to
the application to goods of any such figures, words, or marks or
arrangement or combination thereof, w^hether including a trade
mark or not, as are reasonably calculated to lead persons to believe
that the goods are the manufacture or merchandise of some person
other than the person whose manufacture or merchandise they
really are.
(ii) The provisions of this Enactment respecting the application
of a false trade description to goods or respecting goods to which a
false trade description is applied shall extend to the application to
goods of any false name or initials of a person, and to goods with
the false name or initials of a person applied in lil-^e manner as if
such name or initials were a trade description, and for the purpose
of this Enactment the expression false name or initials means as
applied to any goods, any name or initials of a person which
(a) are not a trade mark or part of a trade mark ;
(b) are identical with or a colourable imitation of the name or
initials of a person carrying on business in connection with
goods of the same description and not having authorized
the use of such name or initials ; and
(c) are either those of a fictitious person or of some person not
bond fide carrying on business in connection with such
goods.
17. (i) A person shall be deemed to apply a trade description of
goods who
(a) applies it to the goods themselves ;
(6) applies it to any covering, label, reel, or other thing in or
with which the goods are sold or exposed or had in posses-
sion for any purpose of sale, trade, or manufacture ;
MERCHANDISE MARKS. 145
(c) places, encloses, or annexes any goods which are sold or
exposed or had in possession for any purpose of sale, trade,
or manufacture m, with or to any covering, label, reel, or
other thing to which a trade description has been applied ;
or
(d) uses a trade description in any manner calculated to lead
to the belief that the goods in connection with which it is
used are designated or described by that trade description.
(ii) The expression " covering " includes any stopper, cask,
bottle, vessel, box, cover, capsule, case, frame, or wrapper ; and
the expression " label " includes any band or ticket.
(iii) A trade description shall be deemed to be applied whether
it is woven, impressed, or otherwise worked into or annexe :l or
affixed to the goods or to any covering, label, reel, or other thing.
18. Any person who applies any false trade description to goods Application of
or causes any false description to be applied to goods shall, subject description is
to the provisions of this Enactment and unless he proves that he "n offence.
acted without intent to defraud, be punished with imprisonment
of either description for a term which may extend to three months
or with fine which may extend to two hundred dollars, and in case
of a second or subsequent conviction with imprisonment of either
description vv^hich may extend to one year, or with fine or with both.
19. Any person who imports, sells, or exposes for, or has in his importation,
possession for, sale or any purpose of trade or manufacture any goods to' °
goods or things to which a false trade description is applied, shall de^j'^'iption^l
unless he proves applied is an
^ offence.
(a) that having taken all reasonable precaution against com-
mitting an offence against this Enactment, he had at the
time of the commission of the alleged offence no reason
to suspect the genuineness of the trade description ; and
(b) that on demand made by or on behalf of the prosecutor
he gave all the information in his power with respect to
the j)ersons from whom he obtained such goods or things ;
or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term
which may extend to three months or with fine which may extend
to two hundred dollars, and in case of a second or subsequent
conviction with imprisonment of either description which may
extend to one year, or with fine or with both.
20. Where a watch case has thereon any words or marks which Application of
constitute, or are by common repute considered as constituting, watches.
a description of the country in which the watch was made, and the
watch bears no description of the country where it was made, those
words or marks shall prima facie be deemed to be a description
of that country within the meaning of this Enactment, and the
provisions of this Enactment mth respect to goods to which a false
trade description has been applied, and with respect to importing,
selling, or exposing for or having in possession for sale or any
III— 10
146
No. 7 OF 1917.
purpose of trade or manufacture goods with a false trade description,
shall apply accordingly, and for the purposes of this section the
expression " watch " means all that portion of a watch which is not
the watch case.
Unintentional
contravention
of the law
relating to
marks.
UNINTENTIONAL CONTRAVENTION OF THE LAW
RELATING TO MARKS AND DESCRIPTIONS.
21. Where a person is accused under Section 7 of using a false
trade mark or property mark by reason of his having applied a
mark to any goods, property, or receptacle in the manner mentioned
in Section 5 or Section 6 as the case may be, or under Section 18
of appljdng to, or causing to be applied to, goods any false trade
description, or under Section 11 of making any die, plate, or other
instrument for the purpose of counterfeiting a trade mark, or
property mark, and proves
(a) that in the ordinary course of his business he is employed
on behalf of other persons to apply trade marks or property
marks, or trade descriptions, or, as the case may be, to
make dies, plates, or other instruments for making or
being used in making trade marks or property marks, and
that in the case which is the subject of the charge he was
so employed by some person resident in the Federated
Malay States and was not interested in the goods or other
thing by way of profit or commission dependent on the
sale thereof ;
(6) that he took reasonable precautions against committing the
offence charged ;
(c) that he had at the time of the commission of the alleged
offence no reason to suspect the genuineness of the mark
or description ; and
{d) that he gave to the prosecutor all the information in his
power with respect to the persons on whose behalf the
mark or description was applied,
he shall be discharged from the prosecution, but shall be liable to
pay the costs incurred by the prosecutor unless he has given due
notice to him that he will rely on the above defence.
Forfeiture of
goods.
FORFEITURE OF GOODS.
22. (i) When a person is convicted under Section 7 of using a
false trade mark, or under Section 12 of importing, selling, or
exposing or having in possession for sale or any purpose of trade or
manufacture, any goods or things with a counterfeit trade mark
applied thereto, or under Section 13 or Section 14 of making, or
making use of, a false mark, or under Section 18 or Section 19 of
applying a false trade description to goods or of importing, selling,
or exposing or having in possession for sale or any purpose of trade
or manufacture, any goods or things to which a false trade descrip-
tion is applied, or is acquitted on proof of the matter or matters
specified in Section 12 or Section 19 or Section 21, the Court
convicting or acquitting him may direct the forfeiture of all goods
MERCHANDISE MARKS. 147
and things by means of, or in relation to, which the offence has
been committed or, but for such proof as aforesaid, would have
been committed.
(ii) When a forfeiture is directed on a conviction and an appeal
lies against the conviction, an appeal shall lie against the forfeiture
also.
(iii) When a forfeiture is directed on an acquittal and the goods
or things to which the direction relates are of value exceeding fifty
dollars, an appeal against the forfeiture may be preferred, within
seven days from the date of the direction, to the Court of a Judicial
Commissioner.
PROCEDURE.
23. In any charge, proceeding, or document in which any trade Description of
mark or property mark or counterfeit trade mark or property mark p^ieadilT^fete.
is intended to be mentioned, it shall be sufficient, without further
description and without any copy or facsimile, to state that trade
mark or property mark or counterfeit trade mark or property mark
to be a trade mark or property mark or counterfeit trade mark or
property mark.
24. In the case of imported goods evidence of the port of ship- Rules as to
ment shall be prima facie evidence in any prosecution under this evidence.
Enactment of the place or country in which the goods were made
or produced.
25. On any prosecution under this Enactment the Court may *^°^^^ "'jjft^® n*"®
order costs to be paid to the accused by the prosecutor or to the °' p''''^®°"
prosecutor by the accused, having regard to the information given
by and the conduct of the accused and prosecutor respectively ;
provided that no costs shall in any case be awarded against the
Public Prosecutor.
26. No prosecution for an offence against this Enactment shall Limitation of
be commenced after the expiration of three years from the date P^secution.
of the commission of the offence or of one year from the date of
the first discovery thereof by the prosecutor, whichever expiration
shall first happen.
27. (i) Where upon information or complaint of an offence search warrant.
against this Enactment a Magistrate has issued either a summons
requiring the person against whom such information or complaint
is made to appear to answer to the same or a warrant for the arrest
of such person and either the said Magistrate on or after issuing
the summons or warrant or any other Magistrate is satisfied, by
information on oath, that there is reasonable cause to suspect that
any goods or things by means of or in relation to which such offence
has been committed are in any house or premises of the said person
or otherwise in his possession or under his control in any place,
such Magistrate may issue a warrant under his hand by virtue of
which it shall be lawful for any police officer named or referred to
in the warrant to enter such house, premises, or place at any
reasonable time by day and to search there for and seize and take
away those goods or things.
148
No. 7 OF 1917.
Punishment of
abetment in
Federated
Malay States
of act done out
of Federated
Malay States.
(ii) Any goods or things seized under any such warrant shall be
brought before the Court of a Magistrate for the purpose of its
being determined whether the same are or are not liable to forfeiture
under this Enactment.
(iii) If the owner of any goods or things, which would be liable
to forfeiture under this Enactment, is unknown or cannot be found,
an information or complaint may be laid for the purpose only of
enforcing such forfeiture, and the Court of a Magistrate may cause
notice to be advertised, stating that, unless cause is shewn to the
contrary at the time and place named in the notice, such goods or
things will be forfeited, and at such time and place the Court, unless
the owner or any person on his behalf or other person interested
in the goods or things shews cause to the contrary, may order such
goods or things or any of them to be forfeited.
(iv) Any goods or things forfeited under this section, or under
any other provision of this Enactment, may be destroyed or other-
wise disposed of in such manner as the Court by which the same
are forfeited may direct, and the Court may out of any proceeds
which may be realized by the disposition of such goods, all trade
marks and property marks and trade descriptions being first
obliterated, award to any innocent party any loss he may have
innocently sustained in dealing with such goods.
28. Any person who, being within the Federated Malay States,
abets the commission without the Federated Malay States of any
act which, if committed in the Federated Malay States, would
under this Enactment be an offence may be tried for such abetment
in any place in the Federated Malay States in which he may be
found and be punished therefor with the punishment to which he
would be liable if he had himself committed in that place the act
which he abetted.
Implied
warranty on
sale of marked
goods.
Provisions not
to apply in
certain cashes.
MISCELLANEOUS.
29. On the sale or in the contract for the sale of any goods to
which a trade mark or mark or trade description has been applied
the vendor shall be deemed to warrant that the mark is a genuine
trade mark and not forged or falsely applied or that the trade
description is not a false trade description within the meaning of
this Enactment, unless the contrary is expressed in some writing
signed by or on behalf of the vendor and delivered at the time of
the sale or contract to, and accepted by the vendee.
30. (i) Where, on the commencement of this Enactment, a trade
description is lawfully and generally applied to goods of a peculiar
class or manufactured by a particular method to indicate the
particular class or method of manufacture of such goods, the
provisions of this Enactment with respect to false trade description
shall not apply to such trade description when so applied.
(ii) Where such trade description includes the name of a place
or country and is calculated to misl(»ad as to the jilace or country
where the goods to which it is applied were actually made or
produced, and the goods are not actually made or produced in that
MERCHANDISE MARKS. 149
place or country, this section shall not apply unless there is added
to the trade description immediately before or after the name of
that place or country, in an equally conspicuous manner with that
name, the name of the place or country in which the goods were .
actually made or produced, with a statement that they were made
or produced there.
31. Nothing in this Enactment shall be construed so as to render savings.
liable to any prosecution or punishment any servant of a master
resident in the Federated Malay States Avho bond fide acts in
obedience to the instructions of such master, and on demand made
by or on behalf of the prosecutor has given full information as to
his master and as to the instructions which he has received from
his master.
32. The Chief Secretary to Government may from time to time Rules to provide
make rules to provide for the establishment of a system of registra- ^°^ registration.
tion of trade marks, and such rules when published in the Gazette
shall have the force of law.
Such rules may provide for prescribing and regulating
(a) the place at which and the person by whom the register is
to be kept, and the nature of the particulars to be entered
therein or excluded therefrom ;
(6) the nature and contents of a registrable trade mark, and
the effect of registration ;
(c) the mode of applying for registration and of opposing any
such application, and the manner of dealing with any
such application or opposition ;
(d) the issue of certificates of registration ;
(e) the duration and renewal of registration ;
(/) the assignment of trade marks ;
(g) the inspection of the register by the public, and the issue
of certified extracts therefrom ;
(h) the prohibition of registration of identical or similar trade
marks ;
(i) the alteration of registered trade marks, the correction of
the register, and the removal of registered trade marks
therefrom ;
(j) the classification of goods, for the purposes of registration
of trade marks ;
(k) the fees to be paid in respect of applications and registration
and other matters ;
(1) the powers and duties of public officers in respect of any
of the matters included in this section ;
(m) the fine with which the contravention of any rule made
under this section shall be punishable, but so that such
fine shall not exceed five hundred dollars ;
{n) any other matters, whether similar or not to those above-
mentioned, as to which rules may be necessary or desirable
in order to effectually provide for the registration of
trade marks and for matters connected therewith.
150
No. 7 OF 1917.
Schedule.
ENACTMENTS REPEALED.
No. and
year.
Short title.
1 of 1910
6 of 1911
6 of 1913
The Merchandise Marks Enactment, 1910
The Merchandise Marks Enactment, 1910, Amendment
Enactment, 1911
The Merchandise Marks Enactment, 1910, Amendment
Enactment, 1913
ENACTMENT NO. 13 OF 1917.
All Enactment to enable measures to be taken for the
prevention of Malaria.
Arthur Young, [8th August, 1917.]
President of the Federal Council.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Prevention of Malaria short title and
Enactment, 1917," and shall come into force on such date as the ^^^^^°®'
Chief Secretary may by notification m the Gazette appoint in that
behalf.
2. In this Enactment, unless the context otherwise requires, the interpretation
following terms shall have the meanings hereby assigned to them
respectively :
" Board of Health area " means an area subject to the control
of a Board of Health in respect of the matters provided for by this
Enactment ;
" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States ;
" house " includes dwelling-house, warehouse, office, shop, school,
and any other building in which persons are employed ;
" larva " means a mosquito in its first stage after issuing from
the egg ;
" owner " means the person for the time being receiving the rent
of the land or house in connection with which the word is used,
whether on his own account or as agent or trustee for any other
person, or who would so receive the same if such land or house were
let to a tenant ;
" occupier " means the person in occupation of the land or house
in respect of which the word is used or having the charge, manage-
ment, or control thereof either on his own account or as agent of
another person ;
" the Board " means, in respect of any Board of Health area,
the Board of Health appointed under the provisions of Section 3
to exercise control within such area.
3. (i) The Resident of a State may from time to time, with the Appointment
approval of the Chief Secretary, by notification in the Gazette declare Health^
any area within such State to be a Board of Health area for the
purposes of this Enactment.
161
152
No. 13 OF 1917.
Power of entry
and inspection.
General power
to order action.
Power to order
draining and
levellini;' ot
land and to
prohibit stand-
ing water.
(ii) The Resident of a State may from time to time by notification
in the Gazette appoint Boards of Health, consisting of such public
servants and other persons as he may nominate, to exercise control
\\ithin the area mentioned in such appointment over all matters in
respect of M'hich power is given to them by this Enactment and
may appoint any member of a Board of Health to be the Chairman
thereof. Every such appointment shall cease and determine at
the expiration of the year in respect of which the same is made.
(iii) The Resident of a State may also, with the approval of
the Chief Secretary, aj)point Secretaries, Inspectors, and such other
officers as may be necessary for the purposes of this Enactment ;
the appointment of every such Secretary and Inspector shall be
notified in the Gazette.
(iv) Any declaration or appointment made under this section
may from time to time in lilce manner be added to, varied, or revoked.
4. (i) The Board or any person authorized by it, either generally
or specially, in that behalf in writing shall have power, A\ithin the
area subject to its control, to enter at all reasonable hours in the
daytime, with or without assistants and servants, upon any land
and into any house and to remain there so long as may be reason-
ably necessary for the purposes of inspecting and examining, and
may inspect and examine, such land or house in order to ascertain
whether such land or house or anything upon or in the same is in
a condition favourable to the existence of propagation of mosquitoes ;
provided that there shall be no right of entry into any house under
this section \vithout twenty-four hours' previous notice to the
occupier (if any) thereof.
(ii) The owner and occupier of any land and, subject to due
notice being given, the owner and occupier of any house shall permit
the Board and any person authorized as aforesaid to have access
thereto for the purposes in this section specified and shall supply to
the Board or such person all such information as may be requested
by it or him and may be reasonably necessary for the said purposes.
5. If on or as a result of any inspection or examination under
Section 4 it shall appear to the Board that any land or house or
anything upon or in the same is in a condition favourable to the
existence or propagation of mosquitoes, the Board may by order in
writing addressed to the owner or occupier of such land or house
direct him to take, within a time to be stated in the order, such
measures as may in the said order be specified for treating, destroy-
ing, removing, or otherwise dealing with anything upon or in such
land or house with a view to the bringing of such land or house into
a condition not favourable to the existence or propagation of
mosquitoes.
6. The Board may at any time by order in writing addressed to
the owner or occupier of any land, situate within the area subject to
its control, and stating the time within which the action required
by the order is to be taken direct him
(a) to make in the land such drains as shall, in the opinion of
the Board, be necessary for effectually draining such land
and shall be described in the order ;
PEEVENTION OF MALARIA.
153
vessels in
houses.
(b) to fill up inequalities in the surface of the land and so to
adjust the surface or raise the level thereof that
(1) all surface water shall flow without obstruction into
the drains and
(2) the surface of the land shall be free from swamp ;
(c) to remove from the land such standing water, Avhether in
pools or ponds, naturally or artificially formed, or in
vessels or receptacles, as may be specified in the order
and thereafter to keep the land free from standing water
to the extent required by the order.
7. (i) The Board may at any time by order in AVTiting addressed Power to order
to the occupier of any house, situate mthin the area subject to its tan*ks"ami°^
control, direct him to screen, \Aithin a time to be stated in the order,
and to keep continuously and effectively screened with A\ire netting
impassable by mosquitoes or Avith other material such cisterns, tanks,
and other vessels and receptacles for water in or appertaining to the
said house as shall be described or referred to in the order.
(ii) In the case of a house having no occupier an order under
sub-section (i) may be addressed to the owner thereof as if he were
the occupier.
8. (i) If any owner or occupier of land or a house on whom an Enforcement of
order under the provisions of Section 5, Section 6, or Section 7 has °'"'^®''-
been served shall fail to comply therewith Avithin such time as may
be stated in the order for the performance of the acts thereby
required to be done or shall otherwise contravene the order, the
Board or any person authorized by it, either generally or specially,
in that behalf in Avriting may enter upon or into the land or house
to which the order refers and may cause to enter upon or into the
same such persons with such apparatus and things as may be neces-
sary and may proceed to perform and do thereon or therein all acts
and things required by the said order to be performed or done, and
the cost thereof shall be recoverable from the said owner or occupier
by the Board.
(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 occupier of land or a house on whom an order penalty for
under the provisions of Section 5, Section 6, or Section 7 has been "iifui default.
served shall wilfully neglect to comply therewith within the time
therein stated or shall otherwise contravene such order, he shall be
guilty of an offence and liable on conviction to a fine not exceeding
five hundred dollars ; provided that no person shall be punishable
under this section for neglect to comply with any order in respect
whereof he shall have made an application to the Chairman of the
Board under Section 11 unless such order shall after due enquiry
have been confirmed by the Resident.
10. The Board or any person authorized by it, either generally or power of Board
specially, in that behalf in writing may at all times, within the area to tai^e preven-
■••. ■, 1 1 measures.
subject to its control, take such measures as are reasonably necessary
(a) to destroy mosquito larvae wherever found ;
154
No. 13 OF 1917.
Application to
Resident
against order or
action of the
Board.
No compen-
eation.
Persons
unable to meet
necessary
expenditure.
Imposition of a
rate.
(h) to bring any water into a condition unfavourable to the
existence or propagation of mo.squitoes ;
(c) to fill \nth concrete or otherwise treat holes or hollows in
trees which hold, or arc likely to hold, water.
11. (i) If any owner or occupier of land or of a house is of opinion
that any order affecting such land or house made by the Board under
the provisions of this Enactment or anything proposed to be done on
or in such land or house by the Board is unreasonable or unnecessary,
he may make an application in the matter, personally or in writing,
to the Chairman of the Board who thereupon shall cause the execu-
tion of the order or the doing of the thing, as the case may be, to be
suspended and shall submit such application to the Resident of the
State in which such land or house is situate, and the Resident, after
such enquiry as he may deem necessary, may in his discretion
confirm, vary, or rescind the order or direct that the thing be pro-
ceeded with, varied, or abandoned, as the case may be, or make any
order which the Board is competent to make under this Enactment.
(ii) In any case where the Board, after an application has been
submitted to the Resident under sub-section (i), proceeds, by
direction of the Resident, with the doing of the thing which was the
subject of the application, the cost thereof shall, if the Resident so
directs, be borne by the owner or occupier by whom the application
was made and shall in such case be recoverable from him by the
Board.
12. No person shall be entitled to compensation for any expense
incurred or damage occasioned by any order given or act done in
pursuance of the provisions of this Enactment or any rule there-
under, unless such damage shall have been occasioned maliciously
and without reasonable cause.
13. If it appear to the Board after due enquiry that any person
has not the means to meet the necessary expenses of doing anything
required to be done by him under this Enactment, such necessary
expenses may be met from public funds.
14. (i) For the purpose of meeting or recouping any expenditure
that may be incurred in respect of the operations of any Board of
Health within the area subject to its control, the Resident of the
State in which such area is situate, with the approval of the Chief
Secretary, may in any year, by notification in the Gazette, impose in
respect of the next following year, calculated from January to
December inclusive, a rate upon all lands and houses within such
area as aforesaid and within such additional area (if any) as may
appear to the Chief Secretary to be benefited or to be likely to be
benefited by the said oj)crations. The area within which such rate
is imposed shall be specified in the notification imposing it.
(ii) Such rate shall not exceed three per centum of the annual
value of the lands and houses uj)on which it is imposed and shall be
payable by half-yearly instalments in advance without demand by
the owners of such lands or houses in the months of January and
July in each year.
PREVENTION OF MALARIA. 155
(iii) The Resident of a State in which any such rate is imposed
may exempt from payment thereof
any house used exclusively as a place for religious worship ;
any public burial or burning ground ;
any house used exclusively for a public school or for any
charitable purjDose ;
any land or house belonging to or rented by the Ruler of
the State or the Government ;
any land or house whereof the annual value is less than ten
dollars if the same be the sole rateable property of
the owner.
(iv) The said annual value shall be calculated and the said rate
shall be assessed in the manner prescribed by Sections 18 to 25,
inclusive, of " The Sanitary Boards Enactment, 1916," and the
provisions of the said sections and of Sections 26 to 45, inclusive, of
the said Enactment shall apply in respect of the said rate as if such
rate were a rate imposed under Section 12 of the said Enactment.
(v) Within any area subject to the control of a Sanitary Board in
respect of the matters provided for by " The Sanitary Boards
Enactment, 1916," the said rate may, if the Resident of the State in
which such area is situate by notification in the Gazette so directs, be
assessed and collected by such Sanitary Board as if the said rate
were a rate imposed under Section 12 of the said Enactment ; in
absence of such direction and in areas not subject to the control of a
Sanitary Board the said rate shall, in respect of each several area, be
assessed and collected by the Board of Health appointed under this
Enactment to exercise control therein, and in such case the
expressions " the Board," " the Chairman," and " the Sanitary
Board area " in the sections of the said Enactment hereinbefore
referred to shall for the purpose of the application of the said sections
to the said rate mean the said Board of Health, the Chairman thereof
and the area subject to the control thereof, respectively.
(vi) The proceeds of any rate imposed under this Enactment shall
be credited to the public revenue.
15. Any entry or inspection under Section 4 may be performed, how the Board
any order made or authority given by the Board under this Enact- *'^'®-
ment may be signed, and any proceedings authorized by this Enact-
ment to be taken by the Board may be instituted, by one member of
the Board or by any greater number of the members and shall in
such case be deemed to be performed, signed, or instituted, as the
case may be, by the Board. In other matters the number of
members of the Board required to participate in any action of the
Board shall be such as may be prescribed by rule under Section 16.
16. (i) The Chief Secretary may from time to time make rules for Rules.
preventing, reducing, or dealing Avdth the occurrence of malaria in
the Federated Malay States. Such rules may prescribe the powers
to be exercised and the duties to be performed by Boards of Health
appointed under this Enactment in addition to any powers and
duties conferred and imposed on such Boards by this Enactment
and may prescribe the manner of such exercise and performance
156
No. 13 or 1917.
Service of
orders.
and may provide generally for giving effect to the provisions of this
Enactment.
(ii) All rules made under this section shall be published in the
Gazette and shall thereupon have the force of law.
(iii) Any person contravening the provisions of any rule made
and published under this section shall be guilty of an offence and
liable on conviction to a fine not exceeding five hundred dollars.
17. (i) When any order is required by this Enactment to be
served on the owner or occupier of any land or house, such order
addressed to the owner or occupier may be served in manner follow-
ing — that is to say,
(a) if the owner or occupier of such land or house be within the
State wherein such land or house is situate, the order may
be delivered to him or left with some adult member of his
family (other than a servant) residing with him within such
State ;
(6) if the order 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 or house 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 .
(c) if the order cannot be served in the manner described in
clause (a) or clause (6) or if there be no known owner or
occupier of such land or house, the order may be put up
on some conspicuous place on the said land or house.
(ii) It shall not be necessary in any such order to name the owner
or occupier if the land or house to which the order relates is therein
referred to.
(iii) Every such order 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 person signing the order be likely to render it
intelligible to such Asiatic ; provided that no order shall be deemed
to be bad or insufficient by reason merely of the language wherein
the same is rendered.
18. Members of the Board doing any act or thing under the
provisions of this Enactment and persons acting under and within
the scope of authority given to them by the Board in pursuance of
the provisions of this Enactment shall be deemed to be public
servants within the meaning of the Penal Code.
19. Every person who shall commit any breach of the provisions
of this Enactment for the breach whereof no penalty is otherwise
expressly provided shall be guilty of an offence and liable on con-
viction to a fine not exceeding two hundred dollars.
20. No proceedings shall be instituted in any Court against any
])crson under any provision of this Enactment except with the
written authority of the Board.
21. (i) No action shall be brought against any person for an3'tlung
done, or bond fide intended to be done, in the exercise or supposed
PREVENTION OF MALARIA. 157
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 Avriting 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 ;
(c) after tender of sufficient amends.
(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 Avhich the action is tried, shall certify its
approbation of the action.
ENACTMENT NO. 17 OF 1917.
All Enactment to provide for the preservation of Coconut
Palms.
Short title,
oommencement,
and repeal.
No coconut
palm to be
destroyed
without
sanction'
Penalty.
Presumption
against
occupier.
Access to lands.
Arthur Young,
President of the Federal Council.
[8th August, 1917.
lOth August, 1917.]
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 Coconut Palms
Preservation Enactment, 1917," 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 schedule shall be repealed.
2. Subject to the provisions of Section 15 of " The Agricultural
Pests Enactment, 1913," no person shall intentionally destroy any
living coconut palm, unless
(a) he be acting in pursuance of a lawful order given by a
pubhc officer under the provisions of any Enactment for
the time being|in force, or
(6) heTshall first have obtained sanction in writing in that
behalf from the Collector or Assistant Collector having
authority under "The Land Enactment, 1911," in the
place where such coconut palm is situate or from an officer
authorized by the Resident or by such Collector to give
such sanction.
3. Every person who shall act in contravention of the provisions
of Section 2 shall be guilty of an offence and liable on conviction to
a fine not exceeding twenty dollars in respect of every coconut
palm which he shall have unlawfully destroyed.
4. Where any coconut palm shall have been destroyed in
contravention of the provisions of Section 2, it shall be presumed
until the contrary be proved that such coconut palm was destroyed
by the person having actual charge of the land where the same was
situate at the time of its destruction.
5. All District Officers and all officers appointed under " The
Land Enactment, 1911," or under " The Agricultural Pests Enact-
ment, 1913," shall within the areas over which their powers
respectively extend have access at all reasonable hours into and
upon any land whereon any coconut palm is situate for the purpose
of inspecting such coconut palm.
158
PRESERVATION OF COCONUT PALMS.
159
Schedule.
ENACTMENT REPEALED.
State.
No. and
year.
Short title.
Negri Sembilan
2 of 1917
The Coconut Palms Preservation
Enactment, 1917
Short title and
commence-
ment.
Repeal and
savings.
Interpretation.
ENACTMENT NO. 20 OF 1917.
Amended by Fed. E. 3 of 1918.
An Enactment to consolidate and amend the law relating
to Companies.
Arthur Young,
President of the Federal Council.
[6th December, 1917.
1st April, 1918.]
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 Companies Enactment,
1917," and shall come into force on the 1st day of April, 1918.
2. (i) The Enactments specified in Schedule A are hereby repealed
to the extent specified in the said schedule :
Provided that the repeal shall not affect
(a) the incorporation of any company registered under any
Enactment hereby repealed ; nor
{b) Table A in the first schedule annexed to the Companies
Enactments, 1897, or any part thereof, either as originally
contained in that schedule or as altered in pursuance
of Section 95 of those Enactments, so far as the same
applies to any company existing at the commencement
of this Enactment.
(ii) The mention of particular matters in this section, or in any
other section of this Enactment, shall not prejudice the general
application of Section 3 of the General Clauses Enactments, 1897
(Selangor 1896), with regard to the effect of repeals.
3. In this Enactment unless there is something repugnant in
the subject or context :
" Existing Company " means a company formed and registered
under the " Companies Enactment, 1897," of any of the Federated
Malay States.
" Company " means a company formed and registered under this
Enactment or an existing company.
" Articles " means the articles of association of a company, as
originally framed or as altered by special resolution, including, so
far as they apply to the company, the regulations contained, as
the case may be, in Table A in the first schedule annexed to the
Companies Enactments, 1897, or in that table as altered in
100
COMPANIES. 161
pursuance of Section 95 of those Enactments, or in Table A in
Schedule B.
" Memorandum " means the memorandum of association of a
company, as originally framed or as altered in pursuance of the
provisions of this Enactment.
" Document " includes summons, notice, order, and other legal
process, and registers.
" Share " means share in the share capital of the company, and
includes stock except where a distinction between stock and shares
is expressed or imj)lied.
" Debenture " includes debenture stock.
" Books and papers " and " books or papers " include accounts,
deeds, writings, and documents.
" The Registrar " means the Registrar or other officer performing
under this Enactment the duty of registration of companies.
" The Court " used in relation to a company means the Supreme
Court, and includes a Judicial Commissioner.
" General Rules " means general rules made under this Enactment,
and includes forms.
" Prescribed " means, as respects the provisions of this Enactment
relating to the winding-up of companies, prescribed by general
rules, and as respects the other provisions of this Enactment,
prescribed by the Chief Secretary.
" Director " includes any person occupying the position of
director by whatever name called.
" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States.
" Act of Parliament " means an Act of the Imperial Parliament
of the United Kingdom.
" Royal Charter " and '' Letters Patent " mean, respectively, a
Charter and Letters Patent of His Britannic Majesty.
"Prospectus" means any prospectus, notice, circular, advertise-
ment, or other invitation, offering to tlio public for subscription or
purchase any shares or debentures of a company.
PART I.
CONSTITUTION AND INCORPORATION.
Prohibition of Large Partnerships.
4. (i) No company, association, or partnership consisting of more rroWbition of
than ten persons shall be formed for the purpose of carrying on the exoeeding'"'
business of banking, unless it is registered as a company under this certain
Enactment, or is formed in pursuance of some other Enactment, ^^^ ^
or by Royal Charter or Letters Patent.
(ii) No company, association, or partnership consisting of more
than twenty persons, other than an association of miners worldng
on the Chinese " hun " system, shall be formed for the purpose of
carrying on any other business that has for its object the acquisition
111-11
162
No. 20 OF 1917.
Mode of form-
ing incorpo-
rateci company.
Memorandum
of company
limited by
shares.
Memorandum
of company
limited by
guarantee.
of gain by the company, association, or partnership, or by the
individual members thereof, unless it is registered as a company
under this Enactment, or is formed in pursuance of some other
Enactment, or by Royal Charter or Letters Patent.
Memorandum of Association.
5. Any seven or more persons (or, where the company to be
formed will be a private company within the meaning of this
Enactment, any two or more persons) associated for any lawful
purpose may, by subscribing their names to a memorandum of
association and otherwise complying with the requirements of this
Enactment in respect of registration, form an incorporated com-
pany, with or without limited liability — that is to say, either
(a) a company having the liability of its members limited by
the memorandum to the amount, if any, unpaid on the
shares respectively held by them (in this Enactment
termed a company limited by shares) ;
(h) a company having the liability of its members limited by
the memorandum to such amount as the members may
respectively thereby undertake to contribute to the assets
of the company in the event of its being wound up (in this
Enactment termed a company limited by guarantee) ; or
(c) a company not having any limit on the liability of its
members (in this Enactment termed an unlimited com-
pany).
6. (i) In the case of a company limited by shares the memorandum
shall state
(a) the name of the company, with " Limited " as the last
word in its name ;
(h) the State, being one of the Federated Malay States, in which
the registered office of the company is to be situate ;
(r) the objects of the company ;
{d) that the liability of the members is limited ;
(e) the amount of the share capital with which the company
proposes to be registered, and the division thereof into
shares of a fixed amount.
(ii) No subscriber of the memorandum may talce less than one
share.
(iii) Eacli subscriber shall write opposite to his name the number
of shares he takes.
7. (i) In the case of a company limited by guarantee the
memorandum shall state
(a) the name of the company, with • Limited " as the last
word in its name ;
(b) the State, being one of llie Federated Malay States, in Mhic^h
the registered oflice of the company is to be situate ;
(r) the objects of the company ;
(d) that the liability of the members is limited ;
COMPANIES. 163
(e) that each member undertakes to contribute to the assets
of the company in the event of the same being wound
up while he is a member, or within one year afterwards,
for payment of the debts and liabihties of the company
contracted before he ceases to be a member, and of the
costs, charges, and expenses of winding-up, and for
adjustment of the rights of the contributories among
themselves, such amount as may be required, not
exceeding a specified amount.
(ii) If the company has a share capital
(a) the memorandum shall also state the amount of share
capital with which the company proposes to be registered
and the division thereof into shares of a fixed amount ;
(b) no subscriber of the memorandum may take less than one
share ;
(c) each subscriber shall write opposite to his name the number
of shares he takes.
8. (i) In the case of an unlimited company the memorandum Memorandum
shall state compa";^''
(a) the name of the company ;
(b) the State, being one of the Federated Malay States, in which
the registered office of the company is to be situate ;
(c) the objects of the company.
(ii) If the company has a share capital
(a) no subscriber of the memorandum may take less than one
share ;
(b) each subscriber shall write opposite to his name the number
of shares he takes.
9. The memorandum shall bear the same stamp as if it were a Signature of
deed, and shall be signed by each subscriber in the presence of at ™«™°''''"'i"'"-
least one witness who shall attest the signature.
10. A company may not alter the conditions contained in its E&striction on
memorandum except in the cases and in the mode and to the extent memora°ndu!n
for which express provision is made in this Enactment.
11. (i) A company may not be registered by a name identical Name of
with that by which a company in existence is already registered, or c°iarf<'Tof na^ c
so nearly resembling that name as to be calculated to deceive,
except in the case where the company in existence is in the course
of being dissolved and signifies its consent in such manner as the
Registrar requires.
(ii) Any company which, through inadvertence or otherwise, is,
without such consent as aforesaid, registered by a name identical
with that by which a company in existence is previously registered,
or so nearly resembling it as to be calculated to deceive, may, with
the sanction of the Registrar, change its name.
(iii) Any company may, by special resolution and with the
approval of the Chief Secretary signified in writing, change its name.
company.
164 No. 20 OF 1917.
(iv) Where a company changes its name the Registrar shall
enter the new name on the register in place of the former name,
and shall issue a certificate of incorporation altered to meet the
circumstances of the case.
(v) The change of name shall not affect any rights or obligations
of the company or render defective any legal proceedings by or
against the company, and any legal i^roceedings that might have
been continued or commenced against it by its former name may be
continued or commenced against it by its new name.
Alteration of 12. (i) Subjcct to the provisious of this section a company may,
objects o£ i^y special resolution, alter the provisions of its memorandum so as
to change the place of the registered oiiice from one of the h edcrated
Malay States to another, or, with respect to the objects of the
company, so far as may be required to enable it
(a) to carry on its business more economically or more efficiently ;
or
(b) to attain its main purpose by new or improved means ; or
(c) to enlarge or change the local area of its operations ; or
(d) to carry on some business which under existing circum-
stances may conveniently or advantageously be combined
with the business of the company ; or
(e) to restrict or abandon any of the objects specified in the
memorandum.
(il) The alteration shall not take effect until and except in so far as
it is confirmed by the Court on petition.
(iii) Before confirming the alteration the Court must be satisfied
(a) that sufficient notice has been given to every holder of
debentures of the company, and to any persons or class
of persons whose interests will, in the opinion of the Court,
be affected by the alteration ; and
(h) that, with respect to every creditor who in the opinion of
the Court is entitled to object, and who signifies his
objection in manner directed by the Court, either his
consent to the alteration has been obtained or his debt or
claim has been discharged or has determined, or has been
secured to the satisfaction of the Court :
Provided that the Court may, in the case of any person or class,
for special reasons, dispense with the notice required by this section.
(iv) The Court may make an order confirming the alteration cither
wholly or in part, and on such terms and conditions as it thinks fit,
and may make such order as to costs as it thinks proper.
(v) The Court shall, in exercising its discretion imdcr this section,
have regard to the rights and interests of the members of the
comj)any or of any class of them, as well as to the rights and interests
of the creditors, and may, if it thinks fit, adjourn the proceedings in
order that an arrangement may be made to the satisfaction of the
Court for the purchase of tlie interests of dissentient members ; and
may give such directions and make such orders as it may think
COMPANIES. 165
expedient for facilitatiiig or carrying into effect any such arrange-
ment :
Provided that no part of the capital of the company may be
expended in any such purchase.
(vi) A certified copy of the order confirming the alteration,
together with a printed copy of the memorandum as altered, shall,
Avithin fifteen days from the date of the order, be delivered by the
company to the Registrar, and he shall register the same, and shall
certify the registration under his hand, and the certificate shall be
conclusive evidence that all the requirements of this Enactment
with respect to the alteration and the confirmation thereof have been
complied with, and thenceforth the memorandum so altered shall be
the memorandum of the company.
(vii) The Court may by order at any time extend the time for the
delivery of documents to the Registrar under this section for such
period as the Court may think proper.
(viii) Any company which makes default in delivering to the
Registrar any document required by this section to be delivered to
him shall be liable to a fine not exceeding one hundred dollars for
every day during which it is in default.
Articles of Association.
13. (i) Articles of association signed by the subscribers to the Registration
memorandum and prescribing regulations for the company may, °^»''*'cie8.
in the case of a company limited by shares, and shall, in the case of a
company limited by guarantee or unlimited, be registered with the
memorandum.
(ii) Articles of association may adopt all or any of the regulations
contained in Table A in Schedule B.
(iii) In the case of an unlimited company or a company limited by
guarantee the a.rticles, if the company has a share capital, shall
state the amount of share capital with which the company proposes
to be registered,
(iv) In the case of an unlimited company or a company limited by
guarantee, if the company has not a share capital, the articles shall
state the number of members with A\'hich the company proposes to be
registered, for the purpose of enabling the Registrar to determine
the fees payable on registration.
14. In the case of a company limited by shares and registered Application
after the commencement of this Enactment, if articles are not "^ Table a.
registered, or, if articles are registered, in so far as the articles do not
exclude or modify the regulations in Table A in Schedule B, those
regulations shall, so far as applicable, be the regulations of the
company in the same manner and to the same extent as if they were
contained in duly registered articles.
15. Articles shall Form and
signature of
(a) be prmted ; articles.
(b) be divided into paragraphs numbered consecutively ;
166
No. 20 OF 1917.
Alteration of
articles by
special
resolution.
Effect of
memorandum
and articles.
EeKJstration of
memorandum
and articles.
Effect of
registration.
Conclusiveness
of certificate of
incorporation.
(c) bear the same stamp as if they were contained in a deed ;
and
(d) be signed by each subscriber of the memorandum of associa-
tion in the presence of at least one witness who shall attest
the signature.
16. (i) Subject to the provisions of this Enactment, and to the
conditions contained in its memorandum, a company may by special
resolution alter or add to its articles ; and any alteration or addition
so made shall be as valid as if originally contained in the articles and
be subject in like manner to alteration by special resolution.
(ii) The power of altering articles under this section shall, in the
case of an unlimited company formed and registered under tjhe
" Companies Enactment, 1897," of any of the Federated Malay
States, extend to altering any regulation relating to the amount of
capital or its distribution into shares, notwithstanding that the
regulations are contained in the memorandum.
General Provisions.
17. (i) The memorandum and articles shall, when registered,
bind the company and the members thereof to the same extent
as if they respectively had been signed and sealed by each member,
and contained covenants on the part of each member, his executors
and administrators, to observe all the provisions of the memorandum
and of the articles, subject to the provisions of this Enactment.
(ii) All money payable by any member to the company under the
memorandum or articles shall be a debt due from him to the
company.
18. The memorandum and the articles, if any, shall be delivered
to the Registrar, and he shall retain and register them.
19. (i) On the registration of the memorandum of a company
the Registrar shall certify under his hand that the company is
incorporated, and in the case of a limited company that the
company is limited.
(ii) From the date of incorporation mentioned in the certificate of
incorporation the subscribers of the memorandum, together with
such other persons as may from time to time become members of the
company, shall be a body cori)orate by the name contained in the
memorandum, capable forthwith of exercising all the functions of an
incorporated company, and having perpetual succession and a
common seal, but with such liability on the ])art of the members to
contribute to the assets of the company in the event of its being
wound up as is mentioned in this Enactment.
20. (i) A certificate of incorporation given by the Registrar in
respect of any association shall be conclusive evidence that all the
requirements of this Enactment in respect of registration and
of matters precedent and incidental thereto have been complied
with, and that the association is a company authorized to be
registered and duly registered under this Enactment.
(ii) A statutory declaration by an advocate and solicitor of the
Supreme Court engaged in the formation of the company, or by a
memorandum
and articles to
COMPANIES. 167
person named in the articles as a director or secretary of the
company, of compliance with all or any of the said requirements
shall be produced to the Registrar, and the Registrar may accept
such declaration as sufficient evidence of compliance.
21. (i) Every company shall send to every member, at his request, copies of
and on payment of one dollar or such less sum as the company may
prescribe, a copy of the memorandum and of the articles, if any. bet^ivento
(ii) Any company which makes default in complying with the
requirements of this section shall be liable for each offence to a fine
of ten dollars.
Associations not for Profit.
22. A company formed for the purpose of promoting art, science. Restrictions on
religion, charity, or anyother like object, not involving the acquisition othwcom-*'^'^
of gain by the company or by its individual members, shall not, panies iioidmg
Avithout the license of the Chief Secretary, hold more than two acres
of land ; but the Chief Secretary may by license empower any such
company to hold lands in such quantity, and subject to such
conditions, as he may think fit.
23. (i) Where it is proved to the satisfaction of the Chief Secretary power to
that an association about to be formed as a limited company is to be "'umTter^Mn
formed for promoting commerce, art, science, religion, charity , or any "^mp of
other useful object, and intends to apply its profits or other income other com-^"
in promoting its objects, and to prohibit the payment of any dividend P^mes.
to its members, the Chief Secretary may by license direct that the
association be registered as a company with limited liability,
Anthout the addition of the Avord " Limited " to its name, and the
association may be registered accordingly.
(ii) A license by the Chief Secretary under this section may be
granted on such conditions and subject to such regulations as the
Chief Secretary thinks fit to impose, and those conditions and
regulations shall be binding on the association and shall, if the Chief
Secretary so direct, be inserted in the memorandum and articles, or
in one of those documents.
(iii) The association shall on registration enjoy all the privileges
of limited companies and be subject to all their obligations, except
those of using the word " Limited " as any part of its name, and of
publishing its name, and of sending lists of members and directors
and managers to the Registrar but shall mthin three weeks of its
first or only ordinary general meeting in each year file with the
Registrar a receipts and disbursement account, or a balance sheet,
audited by auditors approved b}^ the Chief Secretary.
(iv) A license under this section may at any time be revoked by
the Chief Secretary, and upon revocation the Registrar shall enter
the word ' Limited " at the end of the name of the association upon
the register, and the association shall cease to enjoy the exemption
and privileges granted by this section :
Provided that before the license is so revoked an opportunity
shall be afforded to the association of being heard in opposition to
the revocation.
■1G8
No. 20 OF 1917.
Provision as to
companies
limited by
guarantee.
Nature ot
Bhares.
Certificate of
Bhares or stock.
Definition ot
member.
Register of
members.
CoiMTANiES Limited by Guarantee.
24. (i) In the case of a company limited by guarantee and not
having a share capital, every provision in the memorandum or
articles or in any resolution of the company purporting to give to
any person a right to participate in the divisible profits of the
company otherwise than as a member shall be void.
(ii) For the purpose of the provisions of this Enactment relating
to the memorandum of a company limited by guarantee and of this
section, every provision in the memorandum or articles, or in any
resolution of any company limited by guarantee, purporting to
divide the undertaking of the company into shares or interests shall
be treated as a provision for a share capital, notwithstanding that
the nominal -amount or number of the shares or interests is not
specified thereby.
PART II.
DISTRIBUTION AND REDUCTION OF SHARE CAPITAL,
REGISTRATION OF UNLIMITED COMPANY AS
LIMITED, AND UNLIMITED LIABILITY OF DIREC-
TORS.
Distribution of Share Capital.
25. (i) The shares or other interest of any member in a company
shall be movable property, transferable in manner provided by the
articles of the company.
(ii) Each share in a company having a share capital shall be
distinguished by its appropriate number.
26. A certificate under the common seal of the company specifying
any shares or stocic held Ijy any member shall be jnimd facie evidence
of the title of the member to the shares or stock.
27. (i) The subscribers of the memorandum of a company shall be
deemed to have agreed to become members of the company, and on
its registration shall be entered as members in its register of members.
(ii) Every other person who agrees to become a member of a
company, and whose name is entered in its register of members,
shall be a member of the company.
28. (i) Every company shall keep in one or more books a register
of its members, and enter therein the following particulars :
(«) the names and addresses, and the occupations, if any, of
the members, and in the case of a conij)«ny having a share
capital a statement of the shares held by each member,
distinguishing each share by its numlx'r, and of the amount
])ai(l or agreed to be consideretl as paid on the shares of
each member ;
[h] the date at which each person was entered in the register as
a member ;
(r) the date at which any person ceased to be a member.
(ii) Any company which fails to comply with this section shall be
liable to a fine not exceeding fifty dollars for every day during which
members and
summary.
COMPANIES. 169
the default continues ; and any director or manager of the company
who knowingly and wilfuU}'^ authorizes or permits the default shall
be liable to the like penalt3\
29. (i) Every company having a share capital shall once at least Annual list of
in every year make a list of all persons avIio, on the fourteenth day
after the first or only ordinary general meeting in the year, are
members of the company, and of all persons who have ceased to be
members since the date of the last return or, in the case of the first
return, of the incorporation of the company.
(ii) The list shall state the names, addresses, and occupations,
if any, of all the past and present members therein mentioned, and
the number of shares held by each of the existing members at the
date of the return, specifying shares transferred since the date of
the last return or, in the case of the first return, of the incorporation
of the company by persons who are still members and have ceased
to be members respectively and the dates of registration of the trans-
fers, and shall contain a summary distinguishing between shares
issued for cash and shares issued as fully or partly paid up otherwise
than in cash, and specifying the following particulars :
(a) the amount of the share capital of the company, and the
number of shares into which it is divided ;
{b) the number of shares issued from the commencement of
the company up to the date of the return ;
(c) the amount called up on each share ;
(d) the total amount of calls received ;
(c) the total amount of calls unpaid ;
(/) the total amount of the sums, if any, paid by way of com-
mission in respect of any shares or debentures, or allowed
by way of discount in respect of any debentures, since the
date of the last return ;
ig) the total number of shares forfeited ;
(h) the total amount of shares or stock for which share warrants
are outstanding at the date of the return ;
(i) the total amount of the share warrants issued and surrendered
respectively since the date of the last return ;
(/) the number of shares or amount of stock comprised in each
share warrant ;
(/i) the names and addresses of the persons who at the date of
the return are the directors of the company ; and
(l) the total amount of debt due from the company in respect
of all mortgages and charges which are required to be
registered with the Registrar under this Enactment, or
which would have been required so to be registered if
created after the commencement of this Enactment.
(iii) The summary shall also, except where it is made after the
statutory meeting or where the company is a private company,
include a statement, made up to such date as may be specified in
the statement, in the form of a balance sheet, audited by the
170
No. 20 OF 1917.
Trusts not to
be entered on
register.
Begistration
of transfer at
request of
transferor.
Transfer by-
personal
representative.
Inspection of
register
by members.
company's auditors, and containing a summary of its share capital,
its liabilities and its assets, giving such particulars as will disclose
the general nature of those 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.
(iv) The above list and summary shall be contained in a separate
part of the register of members, and shall be completed within seven
days after the fourteenth day aforesaid, and the company shall
forthwith forward to the Registrar a copy signed by the manager
or secretary of the company.
(v) Any company which makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
fifty dollars for every day during which the default continues, and
any director or manager of the company who knowingly and
wilfully authorizes or permits the default shall be liable to the like
penalty.
30. No notice of any trust, expressed, implied, or constructive,
shall be entered on the register of members, or be receivable by the
Registrar.
31. On the appUcation of the transferor of any share or interest
in a company, the company shall enter in its register of members
the name of the transferee in the same manner and subject to the
same conditions as if the application for the entry were made by
the transferee.
32. A transfer of the share or other interest of a deceased member
of a company made by his personal representative shall, although
the personal representative is not himself a member, be as valid
as if he had been a member at the time of the execution of the
instrument of transfer.
33. (i) The register of members, commencing from the date of
the registration of the company, shall be kept at the registered office
of the com])any, and, except when closed under the provisions of
this Enactment, shall during business hours (subject to such
reasonable restrictions as the company in general meeting may
impose, so that not less than two hours in each day be allowed for
inspection) be open to the inspection of any member gratis, and to
the inspection of any other person on payment of fifty cents, or
such less sum as the company may prescribe, for each inspection.
(ii) Any member or other person may require a copy of the
register, or of any part thereof, or of the list and summary required
by this Enactment, or any part thereof, on payment of twenty-five
cents, or such less sum as the comi)any may prescribe, for every
hundred words or fractional part thereof required to be copied.
(iii) If any inspection or copy required under this section is
refused, the company shall be liable for each refusal to a fine not
exceeding twenty dollars, and to a further fine not exceeding twentj'
dollars for every day during which the refusal continues, and any
director or manager of the company who knowingly authorizes or
permits the refusal shall bo liable to the like penalty ; and a Judicial
COMPANIES.
171
of the
Commissioner may by order compel an immediate inspection
register.
34. A company may on giving notice by advertisement in some Power to close
newspaper circulating in the State in which the registered office of ''^sister.
the company is situate and in the Gazette close the register of
members for any time or times not exceeding in the whole thirty
days in each year.
35. (i) If
(a) the name of any person is, without sufficient cause, entered Power of court
in or omitted from the register of members of a company ; re/ister!^
or
(b) default is made or unnecessary delay takes place in entering
on the register the fact of any person having ceased to be
a member ;
the person aggrieved, or any member of the company, or the
company may apply to the Court for rectification of the register.
(ii) The application may be made by motion in the Court, or by
application to a Judicial Commissioner sitting in chambers, or in
such other manner as the Court may direct.
(iii) The Court may either refuse the application, vnih. or withoiit
costs to be paid by the applicant, or may, if satisfied of the justice
of the case, make an order for rectification of the register, and may
direct the company to pay all the costs of such appUcation and any
damages which the party aggrieved may have sustained.
(iv) On any application under this section the Court may decide
any question relating to the title of any person who is a party to
the application to have his name entered in or omitted from the
register, whether the question arises between members or alleged
members, or between members or alleged members on the one hand
and the company on the other hand ; and generally may decide
any question necessary or expedient to be decided for rectification
of the register.
(v) In the case of a company required by this Enactment to
send a list of its members to the Registrar, the Court, when making
an order for rectification of the register, shall by its order direct
notice of the rectification to be given to the Registrar.
36. The register of members shall be 'prima facie evidence of any Register to be
matters by this Enactment directed or authorized to be inserted ®^"*^°'^^-
therein.
37. (i) A company limited by shares, if so authorized by its
articles, may, wdth respect to any fully paid-up shares or to stock,
issue under its common seal a warrant stating that the bearer of
the warrant is entitled to the shares or stock therein specified, and
may provide, by coupons or otherwise, for the payment of the
future dividends on the shares or stock included in the warrant, in
this Enactment termed a share warrant.
(ii) A share warrant shall entitle the bearer thereof to the shares
or stock therein specified, and the shares or stock may be transferred
by delivery of the warrant.
Issue and effect
of share
warrants to
bearer.
172 No. 20 OF 1917.
(iii) The bearer of a share warrant shall, subject to the articles
of the company, be entitled, on surrendering it for cancellation, to
have liis name entered as a member in the register of members ;
and the company shall be responsible for any loss incurred by any
person by reason of the company entering in its register the name
of a bearer of a share warrant in respect of the shares or stock
therein specified without the warrant being surrendered and
cancelled.
(iv) The bearer of a share warrant may, if the articles of the
company so provide, be deemed to be a member of the company
within the meaning of this Enactment, either to the full extent or
for any purposes defined in the articles ; except that he shall not
be qualified in respect of the shares or stock specified in the warrant
for being a director or manager of the company, in cases where
such a qualification is required by the articles.
(v) On the issue of a share warrant the company shall strike
out of its register of members the name of the member then entered
therein as holding the shares or stock specified in the warrant as if
he had ceased to be a member, and shall enter in the register the
following particulars :
(a) The fact of the issue of the Avarrant ;
(h) A statement of the shares or stock included in the warrant
distinguishing each share by its number ; and
(c) The date of the issue of the warrant.
(vi) Until the warrant is surrendered, the above particulars shall
be deemed to be the particulars required by this Enactment to be
entered in the register of members ; and, on the surrender, the
date of the surrender must be entered as if it were the date at
M Inch a person ceased to be a member.
ForKcry, 38. (i) Any person who
unlawfully ' {(i) with iutcnt to defraud, forges or alters, or offers, utters,
pTat"sl'etc. disposes of or puts off, knowing the same to be forged or
altered, any share warrant or coupon, or any document
purporting to be a share warrant or coupon, issued in
pursuance of this Enactment ; or
(b) by means of any such forged or altered share warrant,
coupon, or document, purporting as aforesaid, demands
or endeavours to obtain or receive any share or interest
in any company under tiiis l<]nactment, or to receive any
dividend or mDiiey ])ayable in respect thereof, knowing
the warrant, coupon, or document to be forged or altered ;
or
{(') falsely and deceitfully personates any owner of any share
or interest in any company, or of any share warrant or
coupon, issued in pursuance of this Enactment, and
thereby obtains or endeavours to obtain any such share
or interest or share warrant or coupon, or receives or
endeavours to receive any money due to any such owner,
as if the offender were the true and lawful owner,
COMPANIEvS.
173
company
to arrange for
different
amounts
being paid on
shares.
shall be liable to penal servitude for life or for any term not less
than three years.
(ii) Any person who without lawful authority or excuse, proof
whereof shall lie on him, engraves or makes on any plate, wood,
stone, or other material any share warrant or coupon purporting
to be a share warrant or coupon issued or made by any particular
company in pursuance of this Enactment, or to be a blank share
warrant or coupon so issued or made, or to be a part of such a
share warrant or coupon, or uses any such plate, wood, stone, or
other material for the making or printing of any such share wan-ant
or coupon, or of any such blank share warrant or coupon, or any
part thereof respectively, or knowingly has in his custody or
possession any such plate, wood, stone, or other material, shall be
liable to penal servitude for any term not exceeding fourteen years
and not less than three years.
39. A company if so authorized by its articles may do any one Power of
or more of the following things — namely :
(a) make arrangements on the issue of shares for a difference
between the shareholders in the amounts and times of
pajTuent of calls on their shares ;
(6) accept from any member who assents thereto the whole or
a part of the amount remaining unpaid on any shares
held bj^ him although no part of that amount has been
called up ;
(c) pay dividends in proportion to the amount paid up on each
share where a larger amount is paid up on some shares
than on others.
40. (i) Any company which has accumulated a sum of undivided Power to return
profits, which with the consent of the shareholders may be distri- proste^in*^^
buted among the shareholders in the form of a dividend or bonus, reduction of
may, by special resolution, return the same, or any part thereof, capitau^ ^"^^
to the shareholders in reduction of the paid-up cajjital of the
corapanj^ the unpaid capital being thereby increased by a similar
amount.
(ii) The resolution shall not take effect until a memorandum,
shewing the particulars required by this Enactment in the case of
a reduction of share capital, has been produced to and registered
by the Registrar, but the other provisions of this Enactment with
respect to reduction of share caj)ital shall not apply to a reduction
of paid-up share capital under tliis section.
(iii) On a reduction of paid-up capital in pursuance of this section
any shareholder, or any one or more of several joint shareholders,
may Avithin one month after the passing of the resolution for the
reduction require the company to retain, and the company shall
retain accordingly, the whole of the money actually paid on the
shares held by him either alone or jointly with any other person,
which, in consequence of the reduction, would otherwise be returned
to him or them, and thereupon those shares shall, as regards the
payment of dividend, be deemed to be paid up to the same extent
only as the shares on which payment has been accepted by the
shareholders in reduction of paid-up capital.
174
No. 20 OF 1917.
Power of
company
limited by
shares to alter
Its share
capital.
(iv) The company shall invest and keep invested the money so
retained in such securities authorized for investment by trustees
as the company may determine, or on fixed deposit in such bank
as the directors may determine ; and on the money so invested
or on so much thereof as from time to time exceeds the amount
of calls subsequently made on the shares in respect of which it has
been retained, the company shall pay the interest received from
time to time on the securities or on the deposits.
(v) The amount retained and invested shall be held to represent
the future calls which may be made to replace the share capital
so reduced on those shares, whether the amount obtained on sale
of the whole or such proportion thereof as represents the amount
of any call when made produces more or less than the amount of
the call.
(vi) On a reduction of paid-up share capital in pursuance of this
section, the powers vested in the directors of making calls on
shareholders in respect of the amount unpaid on their shares shall
extend to the amount of the unpaid share capital as augmented
by the reduction.
(vii) After any reduction of share capital under this section the
company shall specify in the annual list of members required by
this Enactment the amounts retained at the request of any of the
shareholders in pursuance of this section, and shall specify in
the statements of accounts laid before any general meeting of the
company the amount of undivided profits returned in reduction of
paid-up capital under this section.
41. (i) A company limited by shares, if so authorized by its
articles, may alter the conditions of its memorandum as follows —
that is to say, it may —
(a) increase its share capital by the issue of new shares of such
amount as it thinks expedient ;
(h) consolidate and divide all or any of its share capital into
shares of larger amount than its existing shares ;
(c) convert all or any of its paid-up shares into stock, and
reconvert that stock into paid-up shares of any de-
nomination ;
(d) subdivide its shares, or any of them, into shares of smaller
amount than is fixed by the memorandum, so, however,
that in the subdivision the proportion between the amount
paid and the amount, if any, unpaid on each reduced
share shall be the same as it was in the case of the share
from which the reduced share is derived ;
(e) cancel shares which, at the date of the passing of the resolu-
tion in that behalf, have not been taken or agreed to be
taken by any person, and diminish the amount of its
share capital by the amount of the shares so cancelled.
(ii) The powers conferred by this section with respect to sub-
division of shares shall be exercised by special resolution.
(iii) Where any alteration has been made under this section in the
memorandum of a company, every copy of the memorandum issued
COMPANIES. 175
after the date of the alteration shall be in accordance with the
alteration.
Any company which makes default in complying with this
provision shall be liable to a fine not exceeding ten dollars for each
copy in respect of which default is made ; and any director or
manager of the company who knowingly and wilfully authorizes or
permits the default shall be liable to the like penalty.
(iv) A cancellation of shares in pursuance of this section shall not
be deemed to be a reduction of share capital within the meaning of
this Enactment.
42. Where a company having a share capital has consolidated and Notice to
divided its share capital into shares of larger amount than its ^n'soif^fa^on
existing shares, or converted any of its shares into stock, or recon- of share capital,
verted stock into shares, it shall give notice to the Registrar of the shares into
consolidation, division, conversion, or reconversion, specifying the ^toek.etc.
shares consolidated, divided, or converted, or the stock reconverted,
and the Registrar shall record the facts.
43. Where a company having a share capital has converted any Eject of
of its shares into stock, and given notice of the conversion to the shares in°o°^
Registrar, all the provisions of this Enactment which are applicable stock.
to shares only shall cease as to so much of the share capital as is
converted into stock ; and the register of members of the company
and the list of members to be forwarded to the Registrar, shall shew
the amount of stock held hy each member instead of the amount of
shares and the particulars relating to shares hereinbefore required
by this Enactment.
44. (i) Where a company having a share capital, whether its Notice of
shares have or have not been converted into stock, has increased its increase of
, , . , share capital or
share capital beyond the registered capital, and where a company of members.
not having a share capital has increased the number of its members
beyond the registered number, it shall give to the Registrar, in the
case of an increase of share capital, within fifteen days after the
passing, or in the case of a special resolution the confirmation, of the
resolution authorizing the increase, and in the case of an increase of
members within fifteen days after the increase was resolved on or
took place, notice of the increase of capital or members, and the
Registrar shall record the increase.
(ii) Any company which makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
fifty dollars for every day during which the default continues, and
any director or manager of the company who knowingly and wilfully
authorizes or permits the default shall be liable to the like penalty.
45. (i) A company limited by shares may, by special resolution Reorganization
confirmed by an order of the Court, modify the conditions contained of share capital.
in its memorandum so as to reorganize its share capital, whether by
the consolidation of shares of different classes or by the division of
its shares into shares of different classes ; provided that no prefer-
ence or special privilege attached to or belonging to any class of
shares shall be interfered with except by a resolution passed by a
majority in number of shareholilers of that class holding three-
176
No. 20 OF 1917.
Special reso-
lution for
reduction of
share capital.
Application
to Court for
confirming
order.
Addition to
name of
company of
" and reduced.
Objections by
creditors and
settlement of
list of objecting
creditora.
fourths of the share capital of that class and confirmed at a meeting
of shareholders of that class in the same manner as a special resolu-
tion of the company is required to be confirmed, and every resolution
so passed shall bind all shareholders of the class.
(ii) Where an order is made under this section an office copy
thereof shall be filed with the Registrar within seven days after the
making of the order, or within such further time as the Court may
allow, and the resolution shall not take effect until such a copy has
been so filed.
Reduction of Share Capital.
46. (i) Subject to confirmation by the Court, a company limited
by shares, if so authorized by its articles, may by special resolution
reduce its share capital in anj^ way, and in particular, without
prejudice to the generality of the foregoing power, may
(a) extinguish or reduce the liability on any of its shares in
respect of share capital not paid up ; or
(b) either with or without extinguishing or reducing liability
on any of its shares, cancel any paid-up share capital
\v'hicli is lost or unrepresented by available assets ; or
(c) either with or without extinguishing or reducing liability
on any of its shares, pay off any paid-up share capital
which is in excess of the wants of the company,
and may, if and so far as is necessary, alter its memorandum by
reducing the amount of its share capital and of its shares
accordingly.
(ii) A special resolution under this section is in this Enactment
called a resolution for reducing share capital.
47. Where a company has passed and confirmed a resolution for
reducing share capital, it may apply by petition to the Court for an
order confirming the reduction.
48. (i) On and from the confirmation by a company of a resc^lution
for reducing share capital, or where th(^ reduction does not involx'e
either the diminution of any liability in respect of unpaid share
cai)ital or the payment to any shareholder of any paid-up share
capital, then on and from the presentation of the petition for con-
firming the reduction, the company shall add to its name, until such
date as the Court may fix, the Avords "" and reducicd," as the last
words in its name, and those words shall, until that date, be deemed
to be part of the name of the company.
(ii) Where the reduction does not involve either the diminution of
any liability in respect of unjiaid share capital or the payment to
any shareholder of any paid-up share capital, the Court may, if it
thinks it expedient, dispense altogether with the addition of the
words " and reduced."
49. (i) Where th(^ pro])osed reduction of share capital involves
either diminution of lia])ility in resjiect of unjiaid share ca])ital or
the })ayment to any sliareholder of any paid-up sliare capital, and
in any other case if the Court so directs, every creditor of the
COMPANIES. 177
company who at the date fixed by the Court is entitled to any debt
or claim which, if that date were the commencement of the winding-
up of the company, would be admissible in j^roof against the
company, shall be entitled to object to the reduction,
(ii) The Court shall settle a list of creditors so entitled to object,
and for that purpose shall ascertain, as far as possible ^^^thout
requiring an application from any creditor, the names of those
creditors and the nature and amount of their de])ts or claims, and
may publish notices fixing a day or days within which creditors not
entered on the list are to claim to be so entered or are to be excluded
from the right of objectmg to the reduction.
(iii) Where a creditor entered on the list whose debt or claim is not
discharged or determined does not consent to the reduction, the
Court may, if it thinks fit, dispense mth the consent of that creditor,
on the company securing payment of his debt or claim by appropri-
ating, as the Court may direct, the following amount — that is to say,
(a) if the company admits the full amount of his debt or claim
or though not admitting it is willing to provide for it,
then the full amount of the debt or claim ;
(b) if the company does not admit or is not willing to provide
for the full amount of the debt or claim, or if the amount
is contingent or not ascertained, then an amount fixed by
the Court after the like enquiry and adjudication as if
the company were being wound up by the Court.
50. The Court, if satisfied, with respect to every creditor of the order
company who under this Enactment is entitled to object to the roX^ctTonf
reduction, that either his consent to the reduction has been obtained
or his debt or claim has been discharged or has determined or has
been secured, may make an order confirming the reduction on such
terms and conditions as it thinks fit.
51. (i) The Registrar on production to him of an order of the Registration of
Court confirming the reduction of the share capital of a company, niiimte'of
and the delivery to him of a copy of the order and of a minute, reduction.
approved by the Court, shewing with respect to the share capital of
the company, as altered by the order, the amount of the share capital,
the number of shares into which it is to be divided, and the amount
of each share and the amount, if any, at the date of the registration
deemed to be paid up on each share, shall register the order and
minute.
(ii) On the registration, and not before, the resolution for reducing
share capital as confirmed by the order so registered shall take effect.
(iii) Notice of the registration shall be published in such manner
as the Court may direct.
(iv) The Registrar shall certify under his hand the registration of
the order and minute, and his certificate shall be conclusive evidence
that all the requirements of this Enactment with respect to reduction
of share capital have been complied with, and that the share capital
of the company is such as is stated in the minute.
Ill— 12
178
No. 20 OF 1917.
ilinute to form
part of memo-
ranUum.
Liability of
members
in respect of
reduced stiares.
Penalty on
concealment
of name of
creditor.
Publication
of reasons for
reduction.
52. (i) The minute when registered shall be deemed to be substi-
tuted for the corresponding part of the memorandum of the company,
and shall be valid and alterable as if it had been originally contained
therein ; and shall be embodied in every copy of the memorandum
issued after its registration.
(ii) Any company which makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
ten dollars for each copy in respect of which default is made, and any
director or manager of the comjiany ^^'ho knowingly and Avilfully
authorizes or jjermits the default shall be liable to the like penalty.
53. (i) A member of the company, past or present, shall not be
liable in respect of any share to any call or contribution exceeding
in amount the difference, if any, between the amount jDaid, or, as
the case may be, the reduced amount, if any, which is to be deemed
to have been paid, on the share and the amount of the share as fixed
by the minute.
(ii) If any creditor, entitled in respect of any debt or claim to
object to the reduction of share capital, is, by reason of his
ignorance of the proceedings for reduction, or of their nature
and effect with respect to his claim, not entered on the list of
creditors, and, after the reduction, the company is imable, within
the meaning of the provisions of this Enactment with respect to
winding-up by the Court, to pay the amount of his debt or claim,
then
(a) every person w^ho was a member of the company at the date
of the registration of the order for reduction and minute,
shall be liable to contribute for the payment of that debt
or claim an amount not exceeding the amount which he
would have been liable to contribute if the company had
commenced to be wound uj) on the day before that registra-
tion ; and
(6) if the company is wound up, the Court, on the application
of any such creditor, and proof of his ignorance as afore-
said may, if it thinks fit, settle accordingly a list of persons
so liable to contribute, and make and enforce calls and
orders on the contributories settled on the list as if they
were ordinary contributories in a winding-up.
(iii) Nothing in this section shall affect the rights of the con-
tributories as among themselves.
54. Any director, manager, or officer of the company who wilfully
conceals the name of any creditor entitled to object to the reduction,
or wilfully misrepresents the nature or amount of the debt or claim
of any creditor, and any director or manager of the company ^^■ho
abets any such concealment or misrepresentation as aforesaid, shall
be liable to imjirisonment for a term which may extend to one year
or to fine or to both.
55. In any case of reduction of share capital, the Court may
require the company to ])ul)lish as the Court directs the reasons for
reduction, or such other information in regard thereto as the Court
may think expedient with a view to giving proper information to
COMPANIES. 179
the public, and, if the Court thinks fit, the causes which led to the
reduction.
56. A company limited by guarantee may, if it has a share capital, increase and
and is so authorized by its articles, increase or reduce its share shlrecapitii
capital in the same manner and subject to the same conditions in in case of a
and subject to which a company limited by shares may increase or un^teTby
reduce its share capital under the provisions of this Enactment. havin"*^
share capital.
Registration of Unlimited Company as Limited.
57. (i) Subject to the provisions of this section, any company Registration
registered as unlimited may register under this Enactment as <>£ unlimited
~. 11. 1 1--1 company as
limited, or any company already registered as a limited companj% limited.
may re-register under this Enactment, but the registration of an
unlimited company as a limited company shall not affect any debts,
liabilities, obligations, or contracts incurred or entered into by, to,
with, or on behalf of the company before the registration, and those
debts, liabilities, obligations, and contracts may be enforced in
manner provided by Part VII in the case of a company registered
in pursuance of that Part.
(ii) On registration in pursuance of this section the Registrar
shall close the former registration of the company, and may dispense
with the delivery to him of copies of any documents with copies of
which he was furnished on the occasion of the original registration
of the company, but, save as aforesaid, the registration shall take
place in the same manner and shall have effect as if it were the first
registration of the company under this Enactment, and as if the
provisions of the Enactment or Enactments under which the
company was previously registered and regulated had been contained
in different Enactments from those under which the company is
registered as a limited company.
58. An unlimited company having a share capital may, by its Power of
resolution for registration as a limited company in pursuance of company to
this Enactment, do either or both of the following things — namely : provide for
'=><=' *' reserve share
(a) increase the nominal amount of its share capital by capital on
increasing the nominal amount of each of its shares but
subject to the condition that no part of the increased
capital shall be capable of being called up except in the
event and for the purposes of the company being wound
up;
(b) provide that a specified portion of its uncalled share capital
shall not be capable of being called up except in the event
and for the purposes of the company being wound up.
Reserve Liability op Limited Company.
59. A limited company may by special resolution determine that Reserve
any portion of its share capital which has not already been called lifted" "'
up shall not be capable of being called up, except in the event and company.
for the purposes of the company being Avound up, and thereupon
that portion of its share capital shall not be capable of being called
up except in the event and for the purposes aforesaid.
180
No. 20 OF 1917.
Limited
company may
have directors
with unlimited
liability.
Special
resolution
of limited
company
making liability
of directors
unlimited.
Registered office
of company.
Unlimited Liability of Directors.
60. (i) In a limited company the liability of the directors or
managers, or of the managing director, may, if so provided by the
memorandum, be unlimited.
(ii) In a limited company in which the liability of a director or
manager is unlimited, the directors or managers of the compan3^ if
any, and the member who proposes a person for election or appoint-
ment to the office of director or manager, shall add to that proposal
a statement that the liability of the person holding that office will
be unlimited, and the promoters, directors, managers, and secretary,
if any, of the company, or one of them, shall, before the person
accej^ts the office or acts therein, give him notice in writing that
his liability will be unlimited.
(iii) Any director, manager, or proposer who makes default in
adding such statement, and any promoter, director, manager, or
secretary who makes default in giving such notice, shall be liable
to a fine not exceeding one thousand dollars, and shall also be liable
for any damage which the person so elected or appointed maj^
sustain from the default, but the liability of the person elected or
appointed shall not be affected by the default.
61. (i) A limited company, if so authorized by its articles, may,
by special resolution, alter its memorandum so as to render unlimited
the liability of its directors or managers, or of any managing
director.
(ii) Upon the confirmation of any such special resolution the
provisions thereof shall be as valid as if they had originally been
contained in the memorandum ; and a copy thereof shall be
embodied in or annexed to every copy of the memorandum issued
after the confirmation of the resolution.
(iii) Any company Avhich makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
ten dollars for each copy in respect of which default is made ; and
any director or manager of the company who knoAvingly and
A\ilfully authorizes or permits the default shall be liable to the like
penalty.
PART III.
MANAGEMENT AND ADMINISTRATION.
Office and Name.
62. (i) Every company shall register with the Registrar the full
address of an office, in this Enactment called the registered office,
to which all communications and notices may be addressed.
(ii) Every company shall comply with the requirements of sub-
section (i) when it files its memorandum of association and as often
as there is any change in the situation or address of its registered
office.
(iii) Any company which makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
fifty dollars for every day during Mhich the default continues.
COMPANIES. 181
63. (i) Every limited company Publication of
(a) shall paint or afRx, and keep painted or affixed, its name on ijmTed^*
the outside of every office or place in which its business '^o^P^'^r-
is carried on, in a conspicuous position, in English characters
easily legible ;
(6) shall have its name engraven in legible English characters
on its seal ;
(c) shall have its name mentioned in legible English characters
in all notices, advertisements, and other official publica-
tions of the company, and in all bills of exchange,
promissory notes, endorsements, cheques, and orders for
money or goods purporting to be signed by or on behalf
of the company, and in all bills of parcels, invoices,
receipts, and letters of credit of the company.
(ii) Any limited company which does not paint or affix, and keep
painted or affixed, its name in manner directed by this Enactment
shall be liable to a fine not exceeding fifty dollars for every day
during which its name is not so kept painted or affixed, and any
director or manager of the company who knowingly and wilfully
authorizes or permits the default shall be liable to the like penalty,
(iii) Any director, manager, or officer of a limited company or any
person on its behalf who
(a) uses or authorizes the use of any seal purporting to be a
seal of the company whereon its name is not so engraved
as aforesaid ;
(6) issues or authorizes the issue of any notice, advertisement,
or other official publication of the company, or signs or
authorizes to be signed on behalf of the company any
bill of exchange, promissory note, endorsement, cheque,
order for money or goods, or issues or authorizes to be
issued any bill of parcels, invoice, receipt, or letter of
credit of the company, wherein its name is not mentioned
in manner aforesaid,
shall be liable to a fine not exceeding five hundred dollars, and shall
further be personally liable to the holder of a,ny such bill of exchange,
promissory note, cheque, or order for money or goods, for the
amount thereof, unless the same is duly paid by the company.
Meetings and Proceedings.
64. (i) An ordinary general meeting shall be held once at the Annual general
least in every calendar year. meeting.
(ii) One such meeting shall be held in every calendar j^ear not
more than fifteen months after the holding of the last preceding
ordinary general meetmg, and at such meeting a balance sheet
made out as at a date not more than six months before such meeting
shall be laid before the company.
(iii) For any default in complying with the provisions of this
section the company and every director, manager, secretary, and
other officer of the company who is knowingly a party to the
default shall be liable to a fine not exceeding five hundred dollars.
182 No. 20 OF 1917.
(iv) When default has been made in holding a meeting of the
company in accordance with the provisions of this section, the
Court may, on the application of any member of the company, call
or direct the calling of a general meeting of the company.
statutory 65. (i) Evcry company limited by shares and registered after the
meeting of commencement of this Enactment shall, within a period of not less
company. ' ^
than one month and not more than six months from the date at
which the company is entitled to commence business, hold a general
meeting of the members of the company which shall be called the
statutory meeting and shall be deemed to be the first ordinary
general meeting.
(ii) The directors shall, at least seven days before the day on
which the statutory meeting is held, forward a report, in this
Enactment called " the statutory report," to every member of the
company and to every other person entitled under this Enactment
to receive it.
(iii) The statutory report shall be certified by not less than two
directors of the company, or, where there are less than two directors,
by the sole director and manager, and shall state
(a) the total number of shares allotted, distmguishing shares
allotted as fully or partly paid up otherwise than in cash,
and stating in the case of shares partly paid up the extent
to which they are so paid up, and in either case the
consideration for which they have been allotted ;
(b) the total amount of cash received by the company in respect
of all the shares allotted, distinguished as aforesaid ;
(c) an abstract of the receipts of the company on account of its
capital, whether from shares or debentures, and of the
payments made thereout, up to a date within seven days
of the date of the report, exhibiting under distinctive
headings the receipts of the company from shares and
debentures and other sources, the payments made thereout,
and particulars concerning the balance remaining in hand,
and an account or estimate of the preliminary expenses
of the company ;
(d) the names, addresses, and descrij)tions of the directors,
audit(irs, managers, if any, and secretary of the
company ; and
(e) the particulars of any contract, the modification of which is
to be submitted to the meeting for its approval, together
with the particulars of the mollification or proposed
modification.
(iv) The statutory report shall, so far as it relates to the shares
allotted by the company, and to the cash received in respect of such
shares, and to the receipts and payments of the company on ca])ital
account, be certified as correct by the auditors of the company.
(v) The directors shall cause a copy of the statutory report,
certified as by this section rerpiircd, to be filed with th(> Ilegistrar
forthwitli after the sending thereof to the members of the company.
COMPANIES. 183
(vi) The directors shall cause a list showing the names, descrip-
tions, and addresses of the members of the company, and the number
of shares held by them respectively, to be produced at the com-
mencement of the meeting, and to remain open and accessible to
any members of the company during the continuance of the meeting.
(vii) The members of the company present at the meeting shall
be at liberty to discuss any matter relating to the formation of the
company, or arising out of the statutory report, whether previous
notice has been given or not, but no resolution of Avhich notice has
not been given in accordance with the articles may be passed.
(viii) The meeting may adjourn from time to time, and at any
adjourned meeting any resolution of which notice has been given
in accordance with the articles, either before or subsequently to
the former meeting, may be passed, and the adjourned meetmg
shall have the same powers as an original meeting.
(ix) If a petition is presented to the Court in manner provided
by Part IV for winding up the company on the ground of default
in filing the statutory report or in holding the statutory meeting,
the Court may, instead of directing that the company be w^ound
up, give directions for the statutory report to be filed or a meeting
to be held, or make such other order as may be just.
(x) The provisions of this section as to forwarding and filing of
the statutory report shall not apply in the case of a private company.
(xi) Subject to the provisions of sub-section (x), any company
which makes default in complying with the requirements of sub-
section (i) or sub-section (v) shall be liable to a fine not exceeding
fifty dollars for every day during Avhich the default continues, and
any director or manager of the company who knowingly and
wilfully authorizes or permits the default shall be liable to the like
penalty.
66. (i) Notwithstanding anything contained in the articles of a Convening of
company, the directors of a company shall, on the requisition of meeUnso"n'^^
the holders of not less than one-tenth of the issued share capital of requisition.
the company upon which all calls or other sums then due have been
paid, forthwith proceed to convene an extraordinary general
meeting of the company.
(ii) The requisition shall state the objects of the meeting, and
shall be signed by the rcquisitionists and deposited at the registered
office of the comj^any, and may consist of several documents in lil^e
form, each signed by one or more of the rcquisitionists.
(iii) If the directors do not proceed to cause a meeting to be held
within twenty-one days from the date of the requisition being so
deposited, the rcquisitionists, or a majority of them in value, may
themselves convene the meeting, but any meeting so convened shall
not be held after three months from the date of the deposit.
(iv) If at any such meeting a resolution requiring confirmation
at another meeting is passed, the directors shall forthwith convene
a further extraordinary general meeting for the purpose of con-
sidering the resolution and, if thought fit, of confirming it as a
special resolution.
184
No. 20 OF 1917.
Provisions as to
meetings and
votes.
Representation
of companies at
meetings of
other companies
of wiiich they
are members.
Definitions of
extraordinary
and special
resolution.
(v) If the directors do not convene the meetmg within seven
days from the date of the passing of the first resolution, the
requisitionists, or a majority of them in value, may themselves
convene the meeting.
(vi) Any meeting convened under this section by the requisi-
tionists shall be convened in the same manner, as nearly as possible,
as that in which meetings are to be convened by directors.
67. In default of and subject to any regulations in the articles
(a) a meeting of a company may be called by seven days' notice
in Avriting, served on every member in manner in which
notices are required to be served by Table A in Schedule B ;
(6) five members may call a meeting ;
(c) any person elected by the members present at a meeting
may be chairman thereof ;
(d) every member shall have one vote.
68. A company which is a member of another company may, by
resolution of the directors, authorize any of its officials or any other
person to act as its representative at any meeting of that other
company, and the person so authorized shall be entitled to exercise
the same powers on behalf of the company which he represents as
if he were an individual shareholder of that other company.
69. (i) A resolution shall be an extraordinary resolution when it
has been passed by a majority of not less than three-fourths of
such members entitled to vote as are i)resent in person or by proxy,
where proxies are allowed, at a general meeting of which notice
specifying the intention to propose the resolution as an extraordinary
resolution has been duly given.
(ii) A resolution shall be a special resolution M'hen it has been
(a) passed in the manner required for the passing of an extra-
ordinary resolution ; and
(6) confirmed by a majority of such members entitled to vote
as are present in person or by proxy, when proxies are
allowed, at a subsequent general meeting, of which notice
has been duly given, and held after an interval of not
less than fourteen days, nor more than one month, from
the date of the first meeting.
(iii) At any meeting at which an extraordinary resolution is
submitted to lie ])assed or a s})ccial resolution is subniitlofl to be
passed or conlirmed, a declaration of the chairman that the resolu-
tion is carried shall, unless a poll is demand(>d, be conclusive evidence
of the fact w ithout proof of the number or proportion of the votes
recorded in favour of or against the resolution.
(iv) At any meeting at which an extraordinary resolution is
submitted to be passed or a special resolution is submitted to be
passed or confirmed a poll may be demanded, if demanded by three
persons for the time being entitled according to the articles to vote,
unless the articles of the company require a demand by such number
of such persons, not in any case exceeding five, as may be specified
in the articles,
COMPANIES.
185
(v) When a poll is demanded in accordance with this section, in
computing the majority on the poll reference shall be had to the
number of votes to which each member is entitled by the articles
of the company.
(vi) For the purposes of this section notice of a meeting shall
be deemed to be duly given and the meeting to be duly held when
the notice is given and the meeting held in manner provided by
the articles,
70. (i) A copy of every special and extraordinary resolution shall Registration
within fifteen days from the confirmation of the special resolution, tped^r^^"
or from the passing of the extraordinary resolution, as the case resolutions.
may be, be printed and forwarded to the Registrar, who shall
record the same.
(ii) Where articles have been registered, a copy of every special
resolution for the time being in force shall be embodied in or annexed
to every copy of the articles issued after the confirmation of the
resolution.
(iii) Where articles have not been registered, a copy of every
special resolution shall be forwarded in print to any member at his
request on payment of fifty cents, or such less sum as the company
may direct.
(iv) Any company which makes default in printing or forwarding
a copy of a special or extraordinary resolution to the Registrar shall
be liable to a fine not exceeding ten dollars for every day during
which the default continues.
(v) Any company which makes default in embodying in or
annexing to a copy of its articles or in forwarding in print to a
member when required by this section a copy of a special resolution,
shall be liable to a fine not exceeding ten dollars for each copy in
respect of which default is made.
(vi) Any director or manager of a company who kno\^dngly and
wilfully authorizes or permits any default by the company in
complying with the requirements of this section shall be liable to
the like penalty as is imposed by this section on the company for
that default.
71. (i) Every company shall cause minutes of all proceedings of Minutes of
general meetings and, where there are directors or managers, of its 'o'f°|",eetin|s
directors or managers to be entered in books kept for that purpose, and Jirectom.
(ii) Any such minute if purporting to be signed by the chairman
of the meeting at which the proceedings were had, or by the chair-
man of the next succeeding meeting, shall be evidence of the
proceedings.
(iii) Until the contrary is proved, every general meeting of the
company or meeting of directors or managers in respect of the
proceedings whereof minutes have been so made shall be deemed to
have been duly held and convened, and all proceedings had thereat
to have been duly had, and all appointments of directors, managers,
or liquidators shall be deemed to be valid.
186
No. 20 OF 1917.
Restrictions
on appointment
or advertise-
ment of
director.
Qualification
of director.
Validity of acta
of directors.
Appointment, Qualification, etc., of Directors.
72. (i) A person shall not be capable of being appointed a director
of a company by the articles, and shall not be named as a director
or proposed director of a company in any prospectus issued by or
on behalf of the company, or in any statement in lieu of prospectus
filed by or on behalf of a company, unless, before the registration
of the articles or the jJubUcation of the prospectus, or the filing of
the statement in Ueu of prospectus, as the case may be, he has by
himself or by his agent authorized in Avriting
(a) signed and filed with the Registrar a consent in writing to
act as such director ; and
(b) either signed the memorandum for a number of shares not
less than his qualification, if any, or signed and filed with
the Registrar a contract in writing to take from the
company and pay for his qualification shares, if any.
(ii) On the application for registration of the memorandum and
articles of a company the applicant shall deliver to the Registrar a
list of the persons who have consented to be directors of the company,
and, if this list contains the name of any person who has not so
consented, the applicant shall be liable to a fine not exceeding five
hundred dollars.
(iii) This section shall not apply to a private company, nor to a
prospectus issued by or on behalf of a company after the expiration
of one year from the date at which the company is entitled to
commence business.
73. (i) Without prejudice to the restrictions imposed by Section
72, every director who is by the regulations of the company required
to hold a specified share qualification, and who is not already
qualified, shall obtain his qualification within two months after his
appointment, or such shorter time as may be fixed by the regulations
of the company.
(ii) The office of director of a company shall be vacated, if the
director does not within two months from the date of his appoint-
ment, or within such shorter time as may be fixed by the regulations
of the company, obtain his qualification, or if after the expiration of
such period or shorter time he ceases at any time to hold his
qualification.
(iii) A person vacating office under this section shall be incapable
of being re-api)()inted director of the company until he has obtained
his qualification.
(iv) If after the expiration of the said period or shorter time any
unqualified person acts as a director of the company, he shall be
liable to a fine not exceeding fifty dollars for every day between the
expiration of the said period or shorter time and the last day on
which it is proved that he acted as a director.
74. The acts of a director or manager shall
standing any defect that may afterwards be
api^ointment or qualification,
be valid notwith-
discovercd in his
COMPANIES.
187
List of directors
to be sent to
llegistrar.
Form of
contracts.
75. (i) Every company shall keep at its registered office a register
containing the names and addresses and the occupations of its
directors or managers, and send to the Registrar a copy thereof, and
notify to the Registrar any change among its directors or managers.
(ii) If default is made in complying witti this section, the company
shall be liable to a fine not exceeding fifty dollars for every day
during which the default continues ; and every director and
manager of the company who knowingly and wilfully authorizes or
permits the default shall be liable to the like penalty.
Contracts, Etc.
76. (i) Contracts on behalf of a company may be made as follows •.
(a) any contract which if made between private persons would
be by law required to be in writing, whether under seal or
not, may be made on behalf of the company in writing
under the common seal of the company, and may in the
same manner be varied or discharged ;
(6) any contract which if made between private persons would
be by law reqiiired to be in writing, signed by the parties
to be charged therewith, may be made on behalf of the
company in writing signed by any person acting under its
authority, express or implied, and may in the same
manner be varied or discharged ;
(c) any contract which if made between private persons would
by law be valid although made by parol only, and not
reduced into writing, may be made by parol on behalf of
the company by any person acting under its authority,
express or implied, and may in the same manner be varied
or discharged.
(ii) All contracts made according to this section shall be effectual
in law, and shall bind the company and its successors and all other
parties thereto, their executors or administrators as the case may be.
77. A bill of exchange or promissory note shall be deemed to have biiis of
been made, accepted, or endorsed on behalf of a company if made, promTs^^ry"*^
accepted, or endorsed in the name of, or by or on behalf or on account "otes.
of, the company by any person acting under its authority.
78. A company may, by writing under its common seal, empower Execution of
any person, either generally or in respect of any specified matters, iieeds abroad,
as its attorney, to execute deeds on its behalf in any place not situate
in the Federated Malay States ; and every deed signed by such
attorney, on behalf of the company, and under his seal, shall bind
the company, and have the same effect as if it were under its common
seal.
79. (i) A company whose objects require or comprise the trans- Power for
action of business outside the Federated Malay States may, if ha™e^officia,° '
authorized by its articles, have for use in any territory, district, or se;iiforu3e
place not situate in the Federated Malay States, an official seal,
which shall be a facsimile of the common seal of the company, with
the addition on its face of the name of every territory, district, or
place where it is to be used.
188
No. 20 OF 1917.
(ii) A company having such an official seal may, by writing under
its common seal, authorize any person appointed for the purpose in
any territory, district, or place not situate in the Federated Malay
States, to affix the same to any deed or other document to which the
company is party in that territory, district, or place.
(iii) The authority of an}^ such agent shall, as between the company
and any person dealing with the agent, continue during the period,
if any, mentioned in the instrument conferring the authority, or if
no period is there mentioned, then until notice of the revocation
or determination of the agent's authority has been given to the
person dealing with him.
(iv) The person affixing any such official seal shall by writing
under his hand, on the deed or other document to which the seal is
affixed, certify the date and place of affixing the same.
(v) A deed or other document to which an official seal is duly
affixed shall bind the company as if it had been sealed with the
common seal of the company.
riling of
prosi)ectus.
Specilio
rerjuircrnents
as to particuliirs
of prospectus.
Prospectus.
80. (i) Every prospectus issued by or on behalf of a company or
in relation to any intended company shall be dated, and such date
shall, unless the contrary be proved, be taken as the date of publica-
tion of the prospectus.
(ii) A copy of every such prospectus, signed by every person who
is named therein as a director or proposed director of the company,
or by his agent authorized in writing, shall be filed for registration
with the Registrar on or before the date of its publication, and no
such prospectus shall be issued until a copy thereof has been so filed
for registration.
(iii) The Registrar shall not register any prospectus unless it is
dated, and the copy thereof signed, in manner required by this
section.
(iv) Every prospectus shall state on the face of it that a copy has
been filed for registration as required by this section.
(v) If a prospectus is issued without a copy thereof being so filed,
the company, and every person who is knowingly a party to the
issue of the prospectus, shall be liable to a fine not exceeding fifty
dollars for every day from the date of the issue of the prospectus
until a copy thereof is so filed.
81. (i) Every prosjicctus issued by or on behalf of a company or
by or on behalf of any person who is or has been engaged or interested
in the formation of the company shall state
(a) the contents of the memorandum, with the names,
descriptions, and addresses of tlie signatories, and the
number of shares subscribed for by tiiem respectively ;
and the number of founders or management or deferred
shares, if any, andjthe nature and extent of the interest
of the holders in the property and the profits of the
company ;
COMPANIES. 189
the number of shares, if any, fixed by the articles as the
quahfication of a director, and any provision in the
articles as to the remuneration of the directors ;
(c) the names, descriptions, and addresses of the directors or
proposed directors ;
(d) the minimum subscription on which the directors may
proceed to allotment, and the amount payable on applica-
tion and allotment on each share ; and in the case of a
second or subsequent offer of shares, the amount offered
for subscription on each previous allotment made within
the two preceding years, and the amount actually allotted,
and the amount, if any, paid on the shares so allotted ;
(e) the number and amount of shares and debentures which
withm the two preceding years have been issued, or
agreed to be issued, as fully or partly paid up otherwise
than in cash, and in the latter case the extent to which
they are so paid up, and in either case the consideration
for which those shares or debentures have been issued or
are proposed or intended to be issued ;
(/) the names and addresses of the vendors of any property
purchased or acquired by the company, or proposed so
to be purchased or acquired, which is to be paid for wholty
or partly out of the proceeds of the issue offered for
subscription by the i:)rospectus or the purchase or acquisi-
tion of which has not been completed at the date of issue of
the prospectus, and the amount j^ayable in cash, shares, or
debentures, to the vendor, and where there is more than
one seijarate vendor, or the company is a sub-purcliaser,
the amount so payable to each vendor ; provided that
where the vendors or any of them are a firm the members
of the firm shall not be treated as separate vendors ;
(g) the amount, if any, paid or payable as purchase money in
cash, shares, or debentures, for any such property as
aforesaid, specifying the amount, if any, payable for
goodwill ;
(h) the amount, if any, paid within the two preceding years, or
payable as commission for subscribing or agreeing to
subscribe, or procuring or agreeing to procure subscriptions
for any shares in, or debentures of, the company, or the
rate of any such commission ; provided that it shall not
be necessary to state the commission payable to sub-
underwriters ;
{i) the amount or estimated amount of preliminary expenses ;
ij) the amount paid within the two preceding years or intended
to be paid to any promoter, and the consideration for any
such payment ;
{k) the dates of and parties to every material contract, and a
reasonable time and place at which any material contract
or a copy thereof may be inspected ; provided that this
requirement shall not apply to a contract entered into in
190 No. 20 OF 1917.
the ordinary course of the business carried on or intended
to be carried on by the company, or to any contract
entered into more than two years before the date of issue
of the prospectus ;
(l) the names and addresses of the auditors, if any, of the
company ;
(m) full particulars of the nature and extent of the interest, if
any, of every director in the promotion of, or in the
property proposed to be acquired by, the company, or,
where the interest of such a director consists in being a
partner in a firm, the nature and extent of the interest
of the firm, with a statement of all sums paid or agreed
to be paid to him or to the firm in cash or shares or other-
wise by any person either to induce him to become, or to
qualify him as, a director, or otherwise for services
rendered by him or by the firm in connection with the
promotion or formation of the company ; and
(n) where the company is a company having shares of more
than one class, the right of voting at meetings of the
company conferred by the several classes of shares
respectively.
(ii) For the purposes of this section every person shall be deemed
to be a vendor who has entered into any contract, absolute or
conditional, for the sale or purchase, or for any option of purchase,
of any property to be acquired bj^ the company, in any case where
(a) the purchase money is not fully paid at the date of issue of
the prospectus ; or
(b) the purchase money is to be paid or satisfied wholly or
in part out of the proceeds of the issue offered for sub-
scription by the prospectus ; or
(c) the contract depends for its validity or fulfilment on the
result of such issue.
(iii) Where any of the property to be acquired by the company
is to be taken on lease, this section shall apply as if the expression
"vendor" included the lessor, and the expression "purchase
money " included the consideration for the lease, and the expression
" sub-purchaser " included a sub-lessee.
(iv) Any condition requiring or binding any applicant for shares
or debentures to waive compliance with any requirement of this
section, or purporting to affect him with notice of any contract,
document, or matter not specifically referred to in the prospectus,
shall be void.
(v) Where any such prospectus as is mentioned in this section is
published as a newspaper advertisement, it shall not be necessary
in the advertisement to specify the contents of the memorandum
or the signatories thereto, and the number of shares subscribed for
by them.
(vi) In the event of non-compliance with any of the requirements
of this section, no director or other person responsible for the
COMPANIES.
191
prospectus shall incur any liability by reason of the non-compliance,
if he proves that
(a) as regards any matters not disclosed, he was not cognizant
thereof ; or
(&) the non-compliance arose from an honest mistake of fact
on his part ;
provided that in the event of non-compliance with the requirements
contained in sub-section (i) (m) no director or other person shall
incur any liability in respect of the non-compliance unless it be
proved that he had knowledge of the matters not disclosed,
(vii) This section shall not apply to a circular or notice inviting
existing members or debenture holders of a company to subscribe
either for shares or for debentures of the company, whether with
or without the right to renounce in favour of other persons, but
subject as aforesaid, this section shall apply to any prospectus
whether issued on or with reference to the formation of a company
or subsequently.
(viii) The requirements of this section as to the memorandum
and the qualification, remuneration, and interest of directors, the
names, descriptions, and addresses of directors or proposed directors,
and the amount or estimated amount of preliminary expenses, shall
not apply in the case of a prospectus issued more than one year
after the date at which the company is entitled to commence
business.
(ix) Nothing in this section shall limit or diminish any liability
which any person may incur under the general law or this Enactment
apart from this Section C.
82. (i) A company which does not issue a prospectus on or with obiisations of
reference to its formation, shall not allot any of its shares or whenno^^
debentures unless before the first allotment of either shares or f/g'jfj'jf "'^"^ '^
debentures there has been filed with the Registrar a statement in
lieu of prospectus signed by every person who is named therein
as a director or a proposed director of the company or by his agent
authorized in writing, in the form and containing the particulars
set out in Schedule C
(ii) This section shall not apply to a private company or to
a company which has allotted any shares or debentures before the
commencement of this Enactment.
83. A company shall not previously to the statutory meeting vary Restriction on
the terms of a contract referred to in the prospectus or statement terms"°''°^
in lieu of prospectus, except subject to the approval of the statutory mentioned
,• in prospectus
meetmg. . or statement
in lieu of
84. (i) Where a prospectus invites persons to subscribe for shares P^^fP,?!;''^"/-
lUi £ i-Txr Liability for
in or debentures oi a company, every person who is a director of statements in
the company at the time of the issue of the prospectus, and every p''°^p®°'^"^-
person Avho has authorized the naming of. himself and is named
in the prospectus as a director or as having agreed to become a
director either immediately or after an interval of time, and every
promoter of the company, and every person who has authorized
192 No. 20 OF 1917.
the issue of the prospectus, shall be liable to pay compensation to
all persons who subscribe for any shares or debentures on the faith
of the prospectus for the loss or damage which they may have
sustained by reason of any untrue statement therein, or in any
report or memorandum appearing on the face thereof, or by reference
incorporated therein or issued therewith, unless it is proved
(a) with respect to every untrue statement not purporting to
be made on the authority of an expert, or of a j^ublic
official document or statement, that he had reasonable
ground to believe, and did up to the time of the
allotment of the shares or debentures, as the case may
be, believe, that the statement was true ; and
(6) with respect to every untrue statement purjDorting to be a
statement by or contamed in aa hat purports to be a copy
of or extract from a report or valuation of an expert, that
it fairly represented the statement, or was a correct and
fair copy of or extract from the report or valuation ;
provided that the director, person named as director,
promoter, or person who authorized the issue of the pros-
pectus, shall be liable to pay compensation as aforesaid
if it is proved that he had no reasonable ground to believe
that the person making the statement, report, or valuation
was competent to make it ; and
(c) with respect to every untrue statement purporting to be a
statement made by an official person or contained in
what purports to be a copy of or extract from a public
official document, that it was a correct and fair represen-
tation of the statement or copy of or extract from the
document ;
or unless it is proved
(d) that having consented to become a director of the company
he withdrew his consent before the issue of the pros2)ectus,
and that it was issued without his authority or consent ; or
(e) that the prospectus was issued without his knowledge or
consent, and that on becoming aware of its issue he forth-
with gave reasonable public notice that it was issued
without his knowledge or consent ; or
(/) that after the issue of the prospectus and before allotment
thereunder, he, on becoming aware of any untrue state-
ment therein, withdrew his consent thereto, and gave
reasonable public notice of the withdrawal, and of the
reason therefor.
(ii) Where a company existing before the commencement of this
Enactment, has issued shares or debentures, and for the purpose of
obtaining further capital by subscriptions for shares or debentures
issues a prospectus, a director shall not be liable in respect of any
statement therein, unless he has authorized the issue of the
prospectus, or has adopted or ratified it.
(iii) Where the prospectus contains the name of a person as a
director of the company, or as having agreed to become a director
COMPANIES. • 193
thereof, and he has not consented to become a director, or has
withdrawn his consent before the issue of the prospectus, and has
not authorized or consented to the issue thereof, the directors of
the company, except any without whose knowledge or consent the
prospectus was issued, and any other person who authorized the
issue thereof, shall be liable to indemnify the person named as
aforesaid against all damages, costs, and expenses to which he may
be made liable by reason of his name having been inserted in the
prospectus, or in defending himself against any action or legal
proceedings brought against him in respect thereof.
(iv) Every person who by reason of his being a director, or
named as a director or as having agreed to become a director, or of
his having authorized the issue of the prospectus, becomes liable to
make any payment under this section may recover contribution, as
in cases of contract, from any other person who, if sued separatel}^
would have been liable to make the same payment, unless the person
who has become so liable was, and that other person was not, guilty
of fraudulent misrepresentation.
(v) For the purposes of this section
' ' Promoter ' ' means a promoter who was a party to the prepara-
tion of the prospectus or of the portion thereof containing
the untrue statement but does not mclude any person by
reason of his acting in a professional capacity for persons
engaged in procuring the formation of the company :
" Expert" includes engineer, valuer, accountant, and any other
person whose profession gives authority to a statement
made by him.
Allotment,
85. (i) No allotment shall be made of any share capital of a Restrictioii as
company offered to the public for subscription, unless the following ^° a"ut"ie"t.
conditions have been comijlied with — namely :
(a) the amount, if any, fixed by the memorandum or articles and
named in the prospectus as the minimum subscription
upon which the directors may proceed to allotment, or
(b) if no amount is so fixed and named, then the whole amount
of the share ca2)ital so offered for subscrijition,
has been subscribed, and the sum payable on application for the
amount so fixed and named, or for the whole amount offered for
subscription, has been paid to and received in cash by the company.
(ii) The amount so fixed and named and the whole amount
aforesaid shall be reckoned exclusively of any amount payable
otherwise than in cash, and is in this Enactment referred to as " the
minimum subscription."
(iii) The amount payable on application on each share shall not
be less than five per cent, of the nominal amount of the share.
(iv) If the conditions aforesaid have not been complied with on
the expiration of one hundred and twenty days after the first issue
of the prospectus, all moneys received from applicants for shares
shall forthwith be repaid to them without interest, and, if any such
HI— 13
194
No. 20 OF 1917.
Effect of
irregular
allotment.
Restriction on
coijimenocnieiit
of business.
money is not so repaid within one hundred and thirty days after the
issue of the prospectus, the directors of the company shall be jointly
and severally liable to repay that money with interest at the rate
of five per centum per annum from the expiration of the one hundred
and thirtieth day ; provided that a director shall not be liable if
he proves that such money was lost and that the loss was not due
to any misconduct or negligence on his part.
(v) Any condition requiring or binding any applicant for shares
to waive compliance with any requirement of this section shall be
void.
(vi) This section, except sub-section (iii) thereof, shall not apply
to any allotment of shares subsequent to the first allotment of shares
offered to the public for subscrii^tion,
(vii) In the case of the first allotment of share cajiital payable in
cash of a company which does not issue any invitation to the public
to subscribe for its shares, no allotment shall be made unless
(a) the amount, if any, fixed by the memorandum or articles
and named in the statement in lieu of prospectus as
the minimum subscrijition \ij)on which the directors may
proceed to allotment, or
(6) if no amount is so fixed and named, then the whole amount
of the share capital other than that issued or agreed to
be issued as fully or partly paid up other^vise than in cash,
has been subscribed and an amount not less than five per cent, of
the nominal amount of each share payable in cash has been paid
to and received by the company.
(viii) Sub-section (vii) shall not apply to a private comj^any or
to a company which has allotted any shares or debentures before
the commencement of this Enactment.
86. (i) An allotment made by a company to an applicant in
contravention of the provisions of Section 85 shall be voidable at
the instance of the applicant within one month after the holding
of the statutory meeting of the company and not later, and shall
be so voidable notwithstanding that the company is in course of
being wound up.
(ii) Any director of a company mIio knowingly contravenes or
permits or autliorizes the contravention of any of the provisions of
Section 85 with respect to allotment shall be liable to compensate
the company and the allottee respectively for any loss, damages, or
costs which the company or the allottee may have sustained or
incurred thereby.
(iii) Proceedings to recover any such loss, damages, or costs shall
not be commenced after the expiration of two years from the date
of the allotment.
87. (i) A company shall not commence any business or exercise
any borrowing powers unless
(a) shares held subject to the payment of the whole amount
thereof in cash have been allotted to an amount not less
in the whole than the minimum subscrijition ;
COMPANIES. 195
(6) every director of the company has i^aid to the company on
each of the shares taken or contracted to be taken by
him, for which he is liable to pay in cash, a proportion
equal to the proportion payable on application and
allotment on the shares offered for public subscription,
or in the case of a company which does not issue a
jirospectus inviting the public to subscribe for its shares,
on the shares pa5^able in cash ;
(c) there has been filed with the Registrar a statutor}^
declaration by the secretary or one of the directors, in
the prescribed form, that the aforesaid conditions have
been complied with ; and
(d) in the case of a company which does not issue a prosjiectus
invitmg the public to subscribe for its shares, there has
been filed with the Registrar a statement in lieu of
prospectus.
(ii) Subject to sub-section (iii) the Registrar shall, on the filing
of this statutory declaration, certify that the company is entitled to
commence business, and that certificate shall be conclusive evidence
that the company is so entitled.
(iii) In the case of a company which docs not issue a prospectus
inviting the public to subscribe for its shares the Registrar shall
not give such a certificate unless a statement in lieu of prospectus
has been filed with him.
(iv) Any contract made by a company before the date at which
it is entitled to commence busmess shall be provisional only, and
shall not be binding on the company until that date, and on that
date it shall become binding.
'^o-
(v) Nothing in this section shall prevent the simultaneous offer
for subscription or allotment of any shares and debentures or the
receipt of any money payable on application for debentures.
(vi) If any company commences business or exercises borrowing
powers in contravention of this section, every person who is
responsible for the contravention shall, without prejudice to any
other liability, be liable to a fine not exceeding five hundred dollars
for every day during which the contravention continues.
(vii) Nothing in this section shall apply to a private company, or
to a company registered before the commencement of this Enact-
ment.
88. (i) Whenever a company limited by shares makes any allot- Return as to
ment of its shares, the company shall within one month thereafter allotments.
file with the Registrar
(a) a return of the allotments, statmg the number and nominal
amount of the shares comprised in the allotment, the
names, addresses, and descriptions of the allottees, and
the amount, if any, paid or due and j)ayable on each
share ; and
(6) in the case of shares allotted as fully or partly paid up
otherwise than in cash, a contract in AVTiting constituting
196
No! 20 OF 1917.
Power to pay
certain
commissions
and prohibition
of payment of
all other
commissions,
discounts, etc.
the title of the allottee to the allotment together with any
contract of sale, or for services or other consideration in
respect of which that allotment was made, such contracts
being duly stamped, and a return stating the number
and nominal amount of shares so allotted, the extent to
which they are to be treated as paid up, and the considera-
tion for which they have been allotted.
(ii) Where such a contract as above mentioned is not reduced
to writing, the company shall within one month after the allotment
file with the Registrar the prescribed particulars of the contract
stamped with the same stam]) duty as would have been payable if
the contract had been reduced to writing, and those particulars
shall be deemed to be an instrument within the meaning of the
Stamp Enactments, 1897, and the Registrar may, as a condition of
filing the particulars, require that the duty payable thereon be
adjudicated under Section 40 of those Enactments or any of them.
(iii) If default is made in complying with the requirements of this
section, any director, manager, secretary, or other officer of the
company, who is knowingly a party to the default shall be liable to
a fine not exceeding five hundred dollars for every day during which
the default continues.
(iv) In case of default in filing with the Registrar within one
month after the allotment any document required to be filed by this
section, the company, or any person liable for the default, may apply
to the Court for relief, and the Court, if satisfied that the omission
to file the document w as accidental or due to inadvertence or that it
is just and equitable to grant relief, may make an order extending the
time for the filing of the document for such period as the Court may
think proper.
Commissions and Discounts.
89. (i) A company may pay a commission to any person in
consideration of his subscribing or agreeing to subscribe, whether
absolutely or conditionally, for any shares in the company, or pro-
curing or agreeing to procure subscriptions, whether absolute or
conditional, for any shares in the company, if the payment of the
commission is authorized by the articles, and the commission paid
or agreed to be paid does not exceed the amount or rate so authorized,
and if the amount or rate per cent, of the commission paid or agreed
to be paid is
(a) in the case of shares offered to the public for subscription,
disclosed in the prosj)ectus ; or
(b) in the case of shares not offered to the public for subscription,
disclosed in the statement in lieu of prospectus, or in a
statement in the prescribed form signed in like manner
as a statement in lieu of prospectus and filed with the
Registrar, and, where a circular or notice, not being a
prospectus, inviting subscri])tion for the shares is issued,
also disclosed in that circular or notice.
(ii) Save as aforesaid, no company shall api:)ly any of its shares
or capital money either directly or indirectly in payment of any
COMPANIES. 197
commission, discount, or allowance, to any person in consideration
of his subscribing or agreeing to subscribe, whether absolutely or
conditionally, for any shares of the comjiany, or procuring or
agreeing to procure subscriptions, whether absolute or conditional,
for any shares in the company, whether the shares or money be
so applied by being added to the j)urchase money of any property
acquired by the company or to the contract price of any work
to be executed for the company, or the money to be paid out
of the nominal purchase money or contract price, or otherwise.
(iii) Nothing in this section shall affect the power of any company
to p&.y such brokerage as it has heretofore been laM'ful for a company
to pay, and a vendor to, promoter of, or other person who receives
payment in money or shares from, a company shall have and shall be
deemed always to have had power to apply any part of the money or
shares so received in payment of any commission, the payment of
which, if made directly by the company, would have been legal under
this section.
90. Where a company has paid any sums by way of commission statement in
in respect of any shares or debentures, or allowed any sums by way !^s t^o'commif-
of discount in respect of any debentures, the total amount so paid sions and
or allowed, or so much thereof as has not been written off, shall be
stated in every balance sheet of the company until the whole amount
thereof has been written off.
Payment of Interest out of Capital.
91. (i) Where any shares of a company are issued for the purpose Power of
of raising money to defray the expenses of the construction of any ii°°erestoutof^
works or buildings or the provision of any plant which cannot be ^^p^^?^'J
made profitable for a lengthened period, the company may pay
interest on so much of that share capital as is for the time being paid
up for the period and subject to the conditions and restrictions in
this section mentioned, and may charge the same to capital as part
of the cost of construction of the work or building, or the provision
of plant ; provided that,
(a) no such payment shall be made unless the same is authorized
by the articles or by special resolution ;
(6) no such payment, whether authorized by the articles or by
special resolution, shall be made without the previous
sanction of the Court ;
(c) the payment shall be made only for such period as may be
determined by the Court ; and such period shall in no
case extend beyond the close of the half-year next after
the half-year during which the works or buildings have
been actually completed or the plant provided ;
{d) the rate of interest shall in no case exceed six per cent, per
annum or such lower rate as may for the time being be
prescribed ;
(e) the payment of the interest shall not operate as a reduction
of the amount paid up on the shares in respect of which
it is paid.
I in
certain cases.
198
No. 20 OF 1917.
Limitation of
time for issue of
certificates.
(ii) Before sanctioning any such payment the Court may, at the
expense of the comjjany, appoint a person to inquire and report to it
as to the circumstances of the case, and may, before making the
appointment, require the company to give security for the payment
of the costs of inquiry.
(iii) The accounts of the comjiany shall show the share capital on
which, and the rate at which, interest has been paid out of cajjital
during the period to which the accounts relate.
Certificates of Shares, etc,
92. (i) Every company shall Avithin two months after the allot-
ment of any of its shares, debentures, or debenture stock and within
two months after the registration of the transfer of any such shares,
debentures, or debenture stock complete and have ready for delivery
the certificates of all shares, the debentures, and the certificates of all
debenture stock allotted or transferred unless the conditions of issue
of the shares, debentures, or debenture stock otherwise provide.
(ii) If default is made in complying with the requirements of this
section, the company and any director, manager, secretary, or other
officer of the company who is knowingly a party to the default shall
be liable to a fine not exceeding fifty dollars for every day during
Avhich the default continues.
Eegistration of
mortgages and
charges in
Federated
Malay States.
Information as to Mortgages, Charges, etc.
93. (i) Every mortgage or charge created after the commence-
ment of this Enactment by a company registered in the Federated
Malay States and being either
(a) a mortgage or charge for the purpose of securing any issue
of debentures ; or
(b) a mortgage or charge on uncalled share cajjital of the
company ; or
(c) a mortgage or charge created or evidenced by an instrument
which, if executed by an individual, would require registra-
tion as a bill of sale ; or
(d) a mortgage or charge on any land, wherever situate, or any
interest therem ; or
{('.) a mortgage or charge on any book debts of the company ; or
(/) a floating charge on the undertaking or projjerty of the
company,
shall, so far as any security on the company's j^ropcrty or under-
taking is thereby conferred, be void against the liquidator and any
creditor of the company, unless the prescribed particulars of the
mortgage or charge, together Mith the instrument, if any, by which
the mortgage or charge is created or evidenced, are delivered to
or received by the Registrar for registration in manner required by
this EnactmenL within 1 w cnty-one clays after the date of its creation.
(ii) In the case of a mortgage or charge created out of the
Federated Malay States com])rising solely property situate outside
the Federated Malay States, the delivery to and the receipt by the
COMPANIES. 199
Registrar of a copy of the instrument by which the mortgage or
charge is created or evidenced, verified in the prescribed manner,
shall have the same effect for the purposes of this section as the
delivery and receipt of the instrument itself, and twenty-one days
after the date on m hich the instrument or copy could, in due course
of post, and if despatched with due diligence, have been received in
the Federated Malay States, shall be substituted for twenty-one days
after the date of the creation of the mortgage or charge, as the time
within which the particulars and instrument or copy are to be
delivered to the Registrar.
(iii) Where the mortgage or charge is created in the Federated
Malay States but comprises property outside the Federated Malay
States, the instrument creating or purporting to create the mortgage
or charge may be sent for registration notA\ithstanding that further
proceedings ma,y be necessary to make the mortgage or charge valid
or effectual according to the law of the country in which the property
is situate.
(iv) Where a negotiable instrument has been given to secure the
payment of any book debts of a company, the deposit of the instru-
ment for the purpose of securing an advance to the company shall
not for the purposes of this section be treated as a mortgage or
charge on those book debts.
(v) The holding of debentures entitling the holder to a charge on
land shall not be deemed to be an interest in land.
(vi) When a mortgage or charge becomes void under this section
the moneys thereby secured shall immediately become payable, but
no contract or obligation for the repayment of such moneys shall be
otherwise affected.
(vii) The Registrar shall keep, Avith respect to each company,
a register in the prescribed form of all the mortgages and charges
created by the company after the commencement of this Enactment
and requiring registration under this section, and shall, on payment
of the prescribed fee, enter in the register, Avith resjDect to every such
mortgage or charge, the date of creation, the amount secured by it,
short particulars of the property mortgaged or charged, and the
names of the mortgagees or persons entitled to the charge.
(viii) Where a series of debentures containing, or giving by
reference to any other instrument, any charge to the benefit of which
the debenture holders of that series are entitled jxiri passu is created
by a company, it shall be sufficient if there are delivered to or
received by the Registrar within twenty-one days after the execution
of the deed containing the charge or, if there is no such deed, after
the execution of any debentures of the series, the following
particulars :
(a) the total amount secured by the whole series ;
(6) the dates of the resolutions authorizing the issue of the
series and the date of the covering deed, if any, by which
the security is created or defined ;
(c) a general description of the property charged ; and
(f?) the names of the trustees, if any, for the debenture holders,
200 No. 20 or 1917.
together with the deed containing the charge, or, if there is no
such deed, one of the debentures of the series, and the Registrar
shall, on pajnnent of the prescribed fee, enter those particulars in
the register.
(ix) Where more than one issue is made of debentures in the
series, the company shall send to the Registrar for entry in the
register particulars of the date and amount of each issue, but an
omission to do this shall not affect the validity of the debentures
issued.
(x) Where any commission, allowance, or discount has been paid
or made either directly or indirectly by the comjDany to any person in
consideration of his subscribing or agreeing to subscribe, whether
absolutely or conditionally, for any debentures of the company, or
procuring or agreemg to procure subscriptions, whether absolute
or conditional, for any such debentures, the particulars required to
be sent for registration under this section shall include particulars
as to the amount or rate per cent, of the commission, discount, or
allowance so paid or made, but an omission to do this shall not affect
the validity of the debentures issued ; provided that the deposit of
any debentures as security for any debt of the company shall not for
the purposes of this j^ro vision be treated as the issue of the debentures
at a discount.
(xi) The Registrar shall give a certificate under his hand of the
registration of any mortgage or charge registered in pursuance of
this section, stating the amount thereby secured, and the certificate
shall be conclusive evidence that the requirements of this section as
to registration have been complied w ith.
(xii) The company shall cause a copy of every certificate of
registration given under this section to be endorsed on every deben-
ture or certificate of debenture stock which is issued by the company,
and the payment of which is secured by the mortgage or charge so
registered.
(xiii) Nothing in sub-section (xii) shall be construed as requiring
a company to cause a certificate of registration of any mortgage
or charge so given to be endorsed on any debenture or certificate
of debenture stock which has been issued by the company before
the mortgage or charge was created.
(xiv) The company shall send to the Registrar for registration
the particulars of every mortgage or charge created by the company
and of the issues of debentures of a series, requiring registration
under this section, but registration of any such mortgage or charge
may be effected on the application of any person interested therein.
(xv) Where the registration is effected on the application of some
person other than the company, such person shall be entitled to
recover from the company the amount of any fees properly paid by
him to the Registrar on the registration.
(xvi) The register kejit in pursuance of this section shall be open
to inspection by any pc-rson on payment of the prescribed fee, not
exceeding fifty cents for each ins2)ection.
COMPANIES. 201
(xvii) Every company shall cause a copy of every instrument
creating any mortgage or charge requiring registration under this
section to be kept at the registered office of the company ; provided
that, in the case of a series of uniform debentures, a copy of one such
debenture shall be sufficient.
94. (i) Every company^ Begistratio.. of
secured debts
(a) which at the commencement of this Enactment shall owe created before
11 , 1 1-1 the commence-
any money secured by any mortgage or charge which meat of this
under the provisions of Section 93 would have required ^"a^tment.
registration had it been created after the commencement
of this Enactment ; or
{b) which shall hereafter for the first time owe any money on
any such mortgage or charge created before the commence-
ment of this Enactment
shall within three months after the commencement of this Enact-
ment or within twenty-one days after the debt has been incurred
thereon, as the case may be, send to the Registrar for registration
the particulars of every such mortgage or charge in the appropriate
form contained in Schedule D, and the Registrar shall, on payment
of the fee prescribed for registering under Section 93 any mortgage
or charge or any series of debentures, enter those particulars on
his register of mortgages and charges.
(ii) Where a series of debentures containmg or giving by reference
to any other instrument any charge to the benefit of which the
debenture holders of that series are entitled pari passu has been
registered, the company shall send to the Registrar for entry in
the register particulars of the date and amount of each issue of
debentures of the series made after the date of the registration of
the series.
(iii) The neglect of the company to comply with the provisions
of this section shall not prejudice the rights under any such mort-
gage or charge of any person in whose favour the mortgage or
charge was made.
95. (i) If any person obtains an order for the appointment of a Registration of
receiver or manager of the property of a company, or appoints ofl°e'L^udty".*^
such a receiver or manager under any powers contained in any
instrument, he shall within seven days from the date of the order
or of the appointment under the powers contained in the instrument
give notice of the fact to the Registrar, and the Registrar shall, on
payment of the prescribed fee, enter the fact in the register of
mortgages and charges.
(ii) Any person who makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
fifty dollars for every day during which the default continues.
96. (i) Every receiver or manager of the property of a company Fiiin?
who has been appointed under the powers contained in any instru- recovers and
ment, and who has taken possession, shall, once in every half-year
while he remains in possession, and also on ceasing to act as receiver
or manager, file with the Registrar an abstract in the prescribed
manatrers.
202
No. 20 OF 1917.
Rectification
of recister
of mortgagea.
Entry of
satisfaction.
Index to
register of
mortgages
and charges.
Penalties.
form of his receipts and payments during the period to which the
abstract relates, and shall also on ceasing to act as receiver or
manager file with the Registrar notice to that effect, and the
Registrar shall enter the notice in the register of mortgages and
charges.
(ii) Any receiver or manager who makes default in complying
with the provisions of this section shall be liable to a fine not
exceeding five hundred dollars.
97. A Judicial Commissioner on being satisfied
(a) that the omission to register a mortgage or charge within
the time hereinbefore required, or that the omission or
misstatement of any particular with respect to any such
mortgage or charge, was accidental, or due to inadvertence
or to some other sufficient cause, or is not of a nature to
prejudice the position of creditors or shareholders of the
company ; or
(b) that on other grounds it is just and equitable to grant relief,
may, on the application of the comi:)any or any person interested,
and on such terms and conditions as seem to the Judicial Com-
missioner just and expedient, order that the time for registration be
extended, or, as the case may be, that the omission or misstatement
be rectified.
98. The Registrar may, on evidence being given to his satisfaction
that the debt for which any registered mortgage or charge was
given has been paid or satisfied, order that a memorandum of
satisfaction be entered on the register, and shall if required furnish
the company aa ith a copy thereof.
99. The Registrar shall keep a chronological index, in the pre-
scribed form and with the j^rescribed particulars, of the mortgage
or charges registered with him under this Enactment.
100. (i) If any company makes default in sending to the Registrar
for registration the particulars of any mortgage or charge created
by the company, and of the issues of debentures of a series, requiring
registration Avith the Registrar under the foregoing provisions of
this Enactment, then, unless the registration has been effected on
the application of some other person, the company, and any director,
manager, secretary, or other person who is knowingly a ])arty to
the default, shall be liable to a fine not exceeding five hundred
dollars for every day during which the default continues.
(ii) Subject as aforesaid, any company M'hich makes default in
complying with any of the rc^quircments of this Enactment as to
the registration with the Registrar of any mortgage or charge created
by the company, and any director, manager, or other officer of the
company, who knowingly and wilfully authorized or permitted the
default, shall, A\itliout prejudice^ to any other liability, be liable to
a fine not (exceeding one thousand dollars.
(iii) Any person who knowingly and wilfully authorizes or permits
the delivery of any debenture or certificate of debenture stock
requiring registration with the Registrar under the foregoing
COMPANIES. 203
provisions of this Enactment mthout a copy of the certificate of
registration being endorsed upon it, shall, without prejudice to any
other liability, be liable to a fine not exceeding one thousand dollars.
101. (i) Every limited company shall keep at its registered office Register of
a register of mortgages and enter therem all mortgages and charges '""""'sages.
specifically affecting property of the company, giving in each case
a short descrij^tion of the property mortgaged or charged, the
amount of the mortgage or charge, and, excej)t in the case of
securities to bearer, the names of the mortgagees or persons entitled
thereto.
(ii) Any director, manager, or other officer of the company who
knowingly and wilfully authorizes or permits the omission of any
entry required to be made in pursuance of this section shall be
liable to a fine not exceeding five hundred dollars.
102. (i) The copies of instruments creating any mortgage or Bight to inspect
charge requiring registration under this Enactment with the gages! di^rges,
Registrar, and the register of mortgages kejDt in pursuance of ^^'^■
Section 101, shall be open at all reasonable times to the insj)ection
of any creditor or member of the company, without fee, and the
register of mortgages shall also be open to the inspection of any
other person on payment of such fee, not exceeding fifty cents for
each inspection, as the company may prescribe.
(ii) If inspection of the said copies or register is refused, any
officer of the company refusing inspection, and any director or
manager of the company authorizing or knowingly and wilfully
permitting the refusal, shall be liable to a fine not exceeding fifty
dollars, and a further fine not exceedmg twenty dollars for every
day during Avhich the refusal continues ; and, in addition to the
above penalty, any Judicial Commissioner sitting in chambers may
by order compel an immediate inspection of the copies or register.
103. (i) Every register of holders of debentures of a company night of
shall, except when closed in accordance with the articles during hoM^rs'^to
such period or periods, not exceeding in the whole thirty days in inspect the
any year, as may be specified in the articles, be open to the insjaection debenture
of the registered holder of any such debentures, and of any holder {Javlf copies of
of shares in the company, but subject to such reasonable restrictions trust deed.
as the company may in general meeting impose, so that at least
two hours in each day are appointed for inspection, and every such
holder may require a copy of the register or any part thereof on
payment of twenty-five cents for every one hundred words required
to be copied.
(ii) A copy of any trust deed for securing any issue of debentures
shall be forwarded to every holder of any such debentures at his
request on payment in the case of a printed copy of the sum of fifty
cents, or, where the trust deed has not been printed, on payment
of twenty-five cents for every one hundred words required to be
copied.
(iii) If inspection is refused, or a copy is refused or not forwarded,
the company shall be liable to a fine not exceeding fifty dollars, and
to a further fine not exceeding twenty dollars for every day during
204
No. 20 OF 1917.
which the refusal continues, and every director, manager, secretary,
or other officer of the company who knowingly authorizes or
permits the refusal shall incur the like penalty.
Perpetual
debentures.
Power to
re-issue
redeemed
debentures in
certain cases.
Debentures and Floating Charges.
104. A condition contained in any debentures or in any deed
for securing any debentures, whether issued or executed before or
after the commencement of this Enactment, shall not be invalid by
reason only that thereby the debentures are made irredeemable or
redeemable only on the happening of a contingency, however
remote, or on the expiration of a period, however long, any rule of
equity to the contrary notwithstanding.
105. (i) Where either before or after the commencement of this
Enactment a company has redeemed any debentures previously
issued, the company, unless the articles or the conditions of issue
expressly otherwise provide, or unless the debentures have been
redeemed in pursuance of any obligation on the company so to do
(not being an obligation enforceable only by the person to whom
the redeemed debentures Avere issued or his assigns), shall have
power, and shall be deemed always to have had power, to keep the
debentures alive for the purposes of re-issue.
(ii) Where a company has purported to exercise such a power
the company shall have power, and shall be deemed always to have
had poAver, to re-issue the debentures either by re-issuing the same
debentures or by issuing other debentures in their place, and upon
such a re-issue the person entitled to the debentures shall have,
and shall be deemed always to have had, the same rights and
priorities as if the debentures had not previously been issued.
(iii) Where with the object of keeping debentures alive for the
purpose of re-issue they have either before or after the commence-
ment of this Enactment been transferred to a nominee of the
company, a transfer from that nominee shall be deemed to be a
re-issue for the pur2)oses of this section^
(iv) Where a company has either before or after the commence-
ment of this Enactment deposited any of its debentures to secure
advances from time to time on current account or otherwise, the
debentures shall not be deemed to have been redeemed by reason
only of the account of the company having ceased to be in debit
whilst the debentures remained so deposited.
(v) The re-issue of a debenture or the issue of another debenture
in its place under the power by this section given to, or deemed to
have been possessed by, a company, whether the re-issue or issue
was made before or after the commencement of this Enactment,
shall be treated as the issue of a new debenture for the purposes of
stamp duty, but it shall not be so treated for the purposes of any
provision limiting the amount or number of debentures to be issued.
(vi) Any person lending money on the security of a debenture
re-issued under this section a\ liich appears to be duly stamped may
give the debenture in evidence in any proceedings for enforcing his
security without payment of the stamp duty or any jjenalty in
COMPANIES.
205
respect thereof, unless he had notice or, but for his negligence, might
have discovered, that the debenture was not duly stamped, but in
any such case the company shall be liable to pay the proper stamj)
duty and penalty.
(vii) Nothing in this section shall prejudice
(a) the operation of any judgment or order of a Court of
competent jurisdiction pronounced or made before the
commencement of this Enactment as between tlie jiarties
to the proceedings in which the judgment was pronounced
or the order made, and any appeal from any such judgment
or order shall be decided as if this Enactment had not
been passed ; or
(h) any power to issue debentures in the place of any
debentures paid off or otherwise satisfied or extinguished,
reserved to a company by its debentures or the securities
for the same.
106. A contract with a company to take up and pay for any
debentures of the company may be enforced by an order for specific
performance.
107. (i) Where either a receiver is appointed on behalf of the
holders of any debentures of the company secured by a floating
charge, or possession is taken by or on behalf of those debenture
holders of any property comprised in or subject to the charge, then,
if the company is not at the time in course of being wound up, the
debts which in every winding-up are under the provisions of
Part IV relating to preferential payments to be paid in priority to
all other debts, shall be paid forthwith out of any assets coming to
the hands of the receiver or other person taking possession as
aforesaid in priority to any claim for principal or interest in respect
of the debentures.
(ii) The periods of time mentioned in the said provisions of
Part IV shall be reckoned from the date of the appointment of the
receiver or of possession being taken as aforesaid, as the case may be.
(iii) Any payments made under this section shall be recouped
as far as may be out of the assets of the company available for
payment of general creditors.
Specific
performance of
contract to
subscribe for
debentures.
Payment of
certain debts
out of assets
subject to
floating
charj^re in
priority to
claims under
the char''e.
Books of Account.
108. (i) The principal books of account kept by a company shall Books of
be in the English language. bekepun
(ii) Any company which fails to comply with this section and any ^""''^''■
director, manager, or secretary of the company who knowingly and
wilfully authorizes or permits the default, shall be liable to a fine
not exceeding fifty dollars for every day during which the default
continues.
Advances by Banking and certain other Companies.
109. (i) No advances shall be made by any banking or insurance Advances by
company or by any deposit, provident, or benefit society to any Jompaniesto"
director or officer of such company or society, or to any firm of thcirdirectors
206 No. 20 or 1917.
which any director or officer of such company or society is a partner,
except upon securities of one of the classes enumerated in sub-
section (ii), and the value of which exceeds the amount advanced
by thirty per centum.
(ii) The securities referred to in sub-section (i) are —
(a) parliamentary stocks, public funds and Government securities
of the United Kingdom of Great Britain and Ireland or
of British India or any British Colony or of the
Federated Malay States ;
(6) securities the interest on which is or shall be guaranteed
by the Parliament of the said United Kingdom ;
(c) titles to immovable property in the Federated Malay States
by grant in perpetuity or by lease (other than mining
lease) for a term whereof 100 years at least shall be
unexpired at the time of the making of the advance
thereon ;
(d) freehold or leasehold securities in the Straits Settlements
such leasehold securities being for a term whereof 100
years at least shall be unexpired at the time of the making
of the advance thereon ;
(e) debentures, debenture stock or guaranteed or preference or
ordinary stock or shares of any railway or other company
a fixed or minimum rate of interest or dividend on which
is guaranteed by the Government of the Federated Malay
States or of any British Colony ;
(/) debentures or debenture or rent-charge stock of any railway,
canal, dock, harbour, gas, water, electric supply or other
company or body incorporated by special legislation of
the Federated Malay States or the Straits Settlements or
by Royal Charter ;
(g) guaranteed or preference stock or shares of any railway,
canal, dock, harbour, gas, water or other company which
shall have paid dividends upon its ordinary capital for
at least the three years last j^receding the making of the
advance thereon ;
(h) debentures or debenture or rent-charge stock of any railway,
canal, dock, harbour, gas, water or other company incorpo-
rated in the Federated Malay States or the Straits Settle-
ments which shall have paid a dividend at the rate of not
less than five per centum upon its ordinary capital during
each of the three years last preceding the making of the
advance thereon ;
{i) stocks, bonds, debentures, or securities of any public body,
municipality, or local authority in the Federated Malay
States or the Straits Settlements the revenues whereof
are under the control of the Government of the said States
or Settlements, as the case may be.
(iii) A list containing the amounts advanced every month under
this section, and the names of the directors or officers to whom such
COMPANIES. 207
advances have been made, together with the amounts previously
advanced which have not been repaid, shall be prepared and a copy
thereof shall, on the first Monday in every succeeding month, be sent
to the Registrar.
(iv) If advances are made contrary to the jjro visions of this section,
any director or manager of the company or society shall be liable to
a fine not exceeding one thousand dollars, and shall, in addition
thereto, be liable for the pa3^ment of any portion of the amount
advanced which remams unpaid after deducting the amount realized
on the securities ; provided that no director or manager shall incur
any liability under this sub-section if he proves that he was not
cognizant of advances bemg made contrary to the provisions of this
section.
(v) If default is made in compliance with the provisions of sub-
section (iii), any director or manager of the company or society shall
be liable to a fine not exceeding fifty dollars for every day during
which the default continues ; provided that no director or manager
shall be liable to a fine under this sub-section if he proves that he
was not cognizant of the default made.
Statement to be Published by Banking and certain
OTHER Companies.
^ 110. (i) Every company being a limited banking company or an Certain
insurance company or a deposit, provident, or benefit society shall, pubfe"'^^***
before it commences business, and also on the first Monday in statements in
February and the first Tuesday in August in every year during which
it carries on business, make a statement in Form C in Schedule B, or
as near thereto as circumstances will admit.
(ii) The statement shall bear a certificate by an auditor approved
by the Chief Secretary stating that it has been examined by him
with the books of account of the company, that the securities
mentioned therein have been inspected by him, and that it is a full,
true, and complete statement.
(iii) A copy of the statement shall be published before the end of
March or September, as the case may be, in the Gazette, and in one
issue of an English newspaper circulating in the State in which the
registered office of the comjDany is situate.
(iv) A copy of the statement shall be put up in a conspicuous
place in the registered office of the company, and in every branch
office or place where the business of the company is carried on and
another copy shall be forthwith sent to the Registrar.
(v) Every member and every creditor of the company shall be
entitled to a copy of the statement, on payment of a sum not
exceeding twenty-five cents.
(vi) If default is made in compljdng with this section the compan}/
shall be liable to a fine not exceeding fifty dollars for every day
during which the default continues ; and every director and manager
1 Repealed so far as it relates to fire insurance companies (E. 3 of 1918,
Section 1).
208
No. 20 OF 1917.
Investigation
of affairs of
company by
inspectors.
Power of
comi>any to
appoint
inspectors.
of the company who knowingly and wilfully authorizes or permits
the default shall be liable to the like penalty,
(vii) For the purposes of this Enactment a company that carries
on the business of insurance in common with any other business or
businesses shall be deemed to be an insurance company.
Inspection and Audit.
111. (i) The Chief Secretary may appoint one or more competent
inspectors to investigate the affairs of any company and to report
thereon in such manner as he may direct,
(a) in the case of a banking company having a share capital,
on the application of members holding not less than
one-third of the shares issued ;
(6) in the case of any other company having a share capital, on
the application of members holding not less than one-
tenth of the shares issued ;
(c) in the case of a company not having a share capital, on the
application of not less than one-fifth in number of the
persons on the company's register of members.
(ii) The application shall be supported by such evidence as the
Chief Secretary may require for the purpose of shewing that the
applicants have good reason for, and are not actuated by malicious
motives in requiring, the investigation ; and the Chief Secretary
may, before appointing an inspector, require the applicants to give
security for payment of the costs of the enquiry.
(iii) All officers and agents of the company shall produce to the
inspectors all books and documents in their custody or power.
(iv) An inspector may examine on oath the officers and agents of
the company in relation to its business, and may administer an oath
accordingly.
(v) Every officer or agent who refuses to produce any book or
document which under this section it is his duty to produce, or to
answer any question relating to the affairs of the company, shall be
liable to a fine not exceeding fifty dollars in respect of each offence.
(vi) On the conclusion of the investigation the inspectors shall
report their opinion to the Chief Secretary, and a copy of the report
shall be forwarded by the Chief Secretary to the registered office of
the company, and a further copy shall, at the request of the applicants
for the investigation, be delivered to them. The report shall be
written or printed, as the Chief Secretary directs.
(vii) All expenses of and incidental to the investigation shall be
defrayed by the applicants, unless the Chief Secretary directs the
same to be paid by the company, which the Chief Secretary is hereby
authorized to do.
112. (i) A company may by special resolution appoint inspectors
to investigate its affairs.
(ii) Inspectors so appointed shall have the same powers and duties
as inspectors appointed by the Chief Secretary, except that, instead
of reporting to the Chief Secretary, they shall report in such
COMPANIES. 209
manner and to such persons as the company in general meetmg
may direct.
(iii) Officers and agents of the company shall incur the like
penalties in case of refusal to produce any book or document required
to be produced to inspectors so appointed, or to answer any question,
as they would have incurred if the inspectors had been appointed by
the Chief Secretary.
113. A copy of the report of any inspectors appointed under this Report of
Enactment, authenticated by the seal of the company whose afifairs be evidence?
they have investigated, shall be admissible in any legal proceeding
as evidence of the opinion of the inspectors in relation to any matter
contained in the report.
114. (i) Every company shall at each annual general meeting Appointment
appoint an auditor or auditors to hold office until the next annual tlon'or"""'*
general meeting. auditors.
(ii) No person, other than a retiring auditor already approved by
the Chief Secretary under this Enactment, shall be capable of
acting as the auditor of any company, other than a private company,
until he has been approved by the Chief Secretary.
(iii) If an appointment of auditors is not made at an annual
general meeting, the Chief Secretary may, on the application of any
member of the company, appoint an auditor of the company for
the current year, and fix the remuneration to be paid to him by the
company for his services.
(iv) A director or officer of the company, or a partner in any
business with, or a servant of, a director or officer of the company,
shall not be capable of being appointed or of acting as auditor of
the company.
(v) A person, other than a retiring auditor, shall not be capable
of bemg appointed auditor at an annual general meeting unless
notice of an intention to nominate that person to the office of auditor
has been given by a shareholder to the company not less than four-
teen days before the annual general meeting, and the company shall
send a copy of any such notice to the retiring auditor, and shall give
notice thereof to the shareholders, either by advertisement or in any
other mode allowed by the articles, not less than seven days before
the annual general meeting ; provided that if, after notice of the
intention to nominate an auditor has been so given, an annual
general meetmg is called for a date fourteen days or less after the
notice has been given, the notice, though not given within the time
required by this provision, shall be deemed to have been properly
given for the purposes thereof, and the notice to be sent or given by
the company may, instead of being sent or given within the time
required by this provision, be sent or given at the same time as the
notice of the annual general meeting.
(vi) The first auditors of the company may be appointed by the
directors before the statutory meeting, and if so appointed shall hold
office until the first annual general meeting, unless previously
removed by a resolution of the shareholders in general meeting, in
which case the shareholders at that meeting may appoint auditors.
Ill— 14
210
No. 20 OF 1917.
Poweis and
duties of
auditors.
Rights of
preference
shareholders,
etc., as to
receipt and
inspection of
reports, etc.
(vii) The directors may fill any casual vacancy in the office of
auditor, but whUe any such vacancy continues the surviving or con-
tinuing auditor or auditors, if any, may act.
(viii) The remuneration of the auditors of a company shall be
fixed by the company in general meeting, except that the remunera-
tion of any auditors apj^ointed before the statutory meeting, or
to fill any casual vacancy, may be fixed by the directors.
115. (i) Every auditor of a company shall have a right of access
at all times to the books and accounts and vouchers of the company,
and may require from the directors and officers of the comjiany
such information and explanation as may be necessary for the
performance of the duties of the auditors.
(ii) The auditors shall make a rejjort to the shareholders on the
accounts examined by them, and on every balance sheet laid before
the company in general meeting during their tenure of office, and the
rejDort shall state
(a) whether or not they have obtained all the information and
explanations which they have required ; and
(b) whether, in their oj)inion, the balance sheet referred to in
the report is jjroperly drawn up so as to exhibit a true
and correct view of the state of the company's affairs
according to the best of their information and the
explanations given to them, and as shewn by the books of
the company.
(iii) The balance sheet shall be signed on behalf of the Board by
two of the dii-ectors of the company or, if there is only one director,
by that director, and the auditors' report shall be attached to the
balance sheet, or there shall be inserted at the foot of the balance
sheet a reference to the report, and the report shall be read before the
company in general meeting, and shall be open to insj)ection by any
shareholder.
(iv) Any shareholder shall be entitled to be furnished by the
directors with a copy of the balance sheet and auditors' rej)ort at a
charge not exceeding twenty-five cents for every hundred words.
(v) If any copy of a balance sheet which has not been signed as
required by this section is issued, circulated, or published, or if any
copy of a balance sheet is issued, circulated, or published Avithout
either having a coj)y of the auditors' report attached thereto or
containing such reference to that rej)ort as is required by this section,
the company, and every director, manager, secretary, or other officer
of the company who is knowingly a party to the default, shall be
liable to a fine not exceeding five hundred dollars.
116. (i) Holders of preference shares and debentures of a company
shall have the same right to receive and insjiect the balance sheets
of the company and the reports of the auditors and other reports
as is possessed by the holders of ordinary shares in the company.
(ii) This section shall not apply to a private company, nor to a
company registered before the commencement of this Enactment.
COMPANIES.
211
Carrying on Business with Less than the Legal
Minimum of Members.
117. If at any time the number of members of a company is
reduced, in the case of a private company, below two, or, in the case
of any other company, below seven, and it carries on business for
more than six months while the number is so reduced, every person
who is a member of the company during the time that it so carries on
business after such six months, and is cognizant of the fact that it is
carrying on business with fewer than two members, or seven mem-
bers, as the case may be, shall be severally liable for the payment of
the whole debts of the company, contracted during that time, and
may be sued for the same, without joinder in the action of any other
member.
Prohibition of
carrying on
business with
fewer tlian
seven or in the
case of a inivate
company two
members.
Service and Authentication of Documents.
118. A document may be served on a company by leaving it at or Service of
sending it by post to the registered office of the company. company.
119. A document or proceeding requiring authentication by a Authentication
company may be signed by a director, secretary, or other authorized ° "''""
officer of the company, and need not be under its common seal.
Tables and Forms.
120. (i) The forms in Schedule E or forms as near thereto as Application and
circumstances admit shall be used in all matters to which those tabTes^ami"
forms refer. forms.
(ii) The Chief Secretary may alter any of the tables and forms in
Schedule B, so that he does not increase the amount of fees payable
to the Registrar in such schedule mentioned, and may alter or add to
the forms in Schedule E.
(iii) Any such table or form, when altered, shall be published in
the Gazette, and thenceforth shall have the same force as if it were
included m one of the schedules ; but no alteration made by the
Chief Secretary in Table A in Schedule B shall affect any company
registered before the alteration, or rej)eal, as respects that company,
any portion of that table.
Arbitrations.
121. (i) A companj'' may by writing under its common seal agree Arbitrations
to refer and may refer to arbitration any existing or future
difference between itself and any other company or person.
(ii) Companies parties to the arbitration may delegate to the
person or persons to whom the reference is made power to settle
any terms or to determine any matter capable of being lawfully
settled or determined by the companies themselves, or by their
directors or other managing body.
(iii) The provisions of this Part relating to arbitrations shall be
deemed to apply to arbitrations, as well between companies and
persons as between companies ; and in the construction of those
between
companies
and others.
212
No. 20 OF 1917.
Power to alter
or revoke
atjreements for
reference.
Agreements to
to carried into
effect.
Reference to
a sini^Ie
arbitrator.
Reference to
two or more
arfiitrators.
Appointment of
arbitrators by
companies.
Appointment of
arbitrators by
Cliief Secretary.
Appointment
of arbitrators
by companies
to supply
vacancies.
Appointment of
arbitrators by
Cliief Secretary
to fill vacancies.
provisions the expression " comj)anies '' shall include a person party
to any such arbitration.
122. The companies jointly, but not otherwise, by writing under
their respective common seals, may add to, alter, or revoke any
agreement lor reference in accordance with this Enactment thereto-
fore entered into between the companies, or any of the terms,
conditions, or stipulations thereof.
123. Every reference or agreement in accordance with this
Enactment, except so far as it is revoked or modified in accordance
with this Enactment, shall bind the companies, and may and shall
be carried into full effect.
124. Where the companies agree the reference shall be made to
a single arbitrator.
125. Exce]3t where the companies agree that the reference shall
be made to a single arbitrator, the reference shall be made as
follows :
(a) where there are two companies the reference shall be made
to two arbitrators ;
(b) where there are three or more comj)anies the reference shall
be made to so many arbitrators as there are companies.
126. Where there are to be two or more arbitrators, every
company shall by writing under its common seal aj^point one of the
arbitrators, and shall give notice in writing thereof to the other
company or companies.
127. (i) Where there are to be two or more arbitrators, if any
of the companies fails to appoint an arbitrator within fourteen days
after being thereunto requested in writing by the other company, or
by the other companies or any of them, then, on the application of
the companies or any of them, the Chief Secretary, instead of the
comjiany so failing to appoint an arbitrator, may appoint an
arbitrator.
(ii) The arbitrator so appointed shall for the purjjoses of this
Enactment be deemed to be appointed by the company so failing.
128. Where the reference is made to two or more arbitrators, if
])efore the matters referred to them are determined any arbitrator
dies, or becomes incapable or unfit, or for seven consecutive days
fails to act as arbitrator, the company by which he was appointed
shall by writing under its common seal appoint an arbitrator in his
place.
129. (i) Where the company by which an arbitrator ought to be
api)ointed in the jilace of the arbitrator so deceased, incapable,
unfit, or failing to act, fails to make the appointment within fourteen
days after being thereunto requested in writing by the other com-
pany, or by the other companies or any of them, then, on the
application of the com]ianies or any of them, the Chief Secretary
may ai)i)oint an arbitrator.
(ii) The arbitrator so appointed shall for the purposes of this
Enactment be deemed to be app(jinted by the comjiany so failing.
COMPANIES. 213
130. When any appointment of an arbitrator is made, the Appointment of
company making the appointment shall have no i)ower to revoke revocable. °°
the same without the previous consent in writing of the other
company or every other company in writing under its common seal.
131. Where two or more arbitrators are ai^pointed, they shall, Appointmeut of
before entering on the business of the reference, appoint by writmg arbitrators.
under their hands an impartial and qualified person to be their
umpire.
132. (i) If the arbitrators do not appoint an umpire within y^/'?^f^"''|j|;°£
seven days after the reference is made to the arbitrators, then, on secretary.
the application of the companies or any of them, the Chief Secretary
may appoint an umpire.
(ii) The umpire so appointed shall for the purposes of this
Enactment be deemed to be appointed by the arbitrators.
133. Where two or more arbitrators are appointed, if before the Appointment of
matters referred to them are determined their umpire dies, or ari^Ftr^tofs
becomes incapable or unfit, or for seven consecutive days fails to ^^^^^^^^y^
act as umpire, the arbitrators shall by Avriting under their hands
appoint an imj)artial and qualified person to be their umpire in his
place.
134. (i) If the arbitrators fail to appoint an umpire within seven Yum"h™b'^
days after notice in writing to them of the decease, incapacity, ciuef secretary
unfitness, or failure to act of their umpire, then, on the application [°J^^Fy^
of the companies or any of them, the Chief Secretary may appoint
an umpire.
(ii) The umpire so appointed shall for the purposes of this
Enactment be deemed to be appointed by the arbitrators so failing.
135. Every arbitrator appointed in the place of a preceding suoceedin-
,.,. "^ ^ .^^ -ii-jii £ T arbitrators and
arbitrator, and every umpire appomted m the place ot a preceding umpires to have
umpire, shall respectively have the like powers and authorities as ^°^^^^^es°sor3.
his respective predecessor.
136. Where there are two or more arbitrators, if they do not. Reference to
within such a time as the companies agree on, or, failing such "™^'
agreement, within thirty days next after the reference is made
to the arbitrators, agree on their award thereon, then the matters
referred to them, or such of those matters as are not there deter-
mined, shall stand referred to their umpire.
137. The arbitrator and the arbitrators and the umpire Power for
respectively may call for the production of any documents or etc.', toc°au
evidence in the possession or power of the companies respectively, g"^*^""^^'
or which they respectively can produce, and which the arbitrator examine
or the arbitrators or the umpire shall thmk necessary for determining o,J '^^H'^"
the matters referred, and may examine the witnesses of the com-
panies respectively on oath, and may administer the requisite oath.
138. Except where and as the companies otherwise agree, the ^.'^°'^^'^"^^^l^^^
arbitrator and the arbitrators and the umpire respectively may
proceed in the business of the reference in such manner as he and
they respectively shall think fit.
139. The arbitrator and the arbitrators and the umpire Arbitration
respectively may proceed in the absence of all or any of the com- ^e^absenceof
panics in every case in which, after giving notice in that behalf to companies.
214
No. 20 or 1917.
Several awards
may be made.
Awards made
in due time to
bind all parties.
Awards not to
be set aside for
informality.
Awards to be
obeyed.
Agreements,
arbitrations,
and awards
to have effect.
Costs of
arbitration and
award.
Payment of
costs.
the companies respectively, the arbitrator or the arbitrators or the
umpire shall think fit so to proceed.
140. (i) The arbitrator and the arbitrators and the umpire
respectively may, if he and they respectively think fit, make several
awards, each on part of the matters referred, instead of one award
on all the matters referred.
(ii) Every such award on part of the matters shall for such time
as shall be stated in the award, the same being such as shall have
been specified in the agreement for arbitration, or in the event of
no time having been so specified, for any time which the arbitrator
may be legally entitled to fix, be binding as to all the matters to
which it extends, and as if the matters awarded on were all the
matters referred, and that notwithstanding that the other matters
or any of them be not then or thereafter awarded on.
141. (i) The award of the arbitrator, or of the arbitrators, or of
the umpire, if made in writing under his or their respective hand or
hands, and ready to be delivered to the companies within such time
as the companies agree on, or, failing such agreement, within thirty
days next after the matters in difference are referred to, as the case
may be, the arbitrator, or the arbitrators, or the umpire, shall be
binding and conclusive on all the companies.
(ii) Except where and as the companies otherwise agree, the
umpire, from time to time by writing under his hand, may extend
the period within which his award is to be made ; and if it be made
and ready to be delivered within the extended time, it shall be as
valid and effectual as if made within the prescribed period.
142. No award made on any arbitration in accordance with this
Enactment shall be set aside for irregularity or informality.
143. Except only so far as the companies bound by any award
in accordance with this Enactment from time to time otherwise
agree, all things by every award in accordance with this Enactment
lawfully required to be done, omitted, or suffered, shall be done,
omitted, or suffered accordingly.
144. Full effect shall be given by the Court and by the companies
respectively, and otherwise, to all agreements, references, arbitra-
tions, and awards in accordance with this Enactment ; and the
performance or observance thereof may, where the Court thinks
fit, be compelled by any process against the companies respectively
or their respective property that the Court shall direct.
145. Except where and as the companies otherwise agree, the
costs of and attending the arbitration and the award shall be in the
discretion of the arbitrator, and the arbitrators, and the umpire
respectively.
146. Except where and as the companies otherwise agree, and if
and so far as the award docs not otherwise determine, the costs of
and attending the arbitration and the award shall be borne and
paid by the companies in equal shares, and in other respects the
companies shall bear their own respective costs.
COMPANIES.
215
147. On the application of any party interested the submission
to any such arbitration may be filed in the Court and an order of
reference may be made thereon, with any directions the Court
thinks fit ; and the provisions of the Civil Procedure Code shall,
so far as the same are applicable, apply to every such order, and
to ail proceedings thereunder.
Submission to
arbitration
may be filed in
Court.
Power to Compromise.
148. (i) Where a compromise or arrangement is proposed between Power to
a company and its creditors or any class of them, or between the wiufprnlitors
company and its members or any class of them, the Court may, on ^nd members.
the application in a summary waj'' of the company or of any creditor
or member of the company, or, in the case of a company being
wound up, of the liquidator, order a meeting of the creditors or
class of creditors, or of the members of the company or class of
members, as the case may be, to be summoned in such manner as
the Coiirt directs.
(ii) If a majority in number representing three-fourths in value
of the creditors or class of creditors, or members or class of members,
as the case may be, present either in person or by proxy at the
meeting, agree to any compromise or arrangement, the compromise
or arrangement shall, if sanctioned by the Court, be binding on all
the creditors or the class of creditors, or on the members or class
of members, as the case may be, and also on the company or, in the
case of a company in the course of being wound up, on the liquidator
and contributories of the company.
(iii) In this section the expression " company " means any
company liable to be wound up under this Enactment.
Private Company.
149. (i) For the purposes of this Enactment the expression Meaning ot
" private company " means a company which by its articles company."
(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, and of persons
who, having been formerly in the employment of the
company, were, while in such employment, and have
continued after the determination of such employment
to be, members of the company) to fifty ; and
(c) prohibits any invitation to the public to subscribe for any
shares or debentures of the company.
(ii) Where default is made in complying with any of the provisions companies.
which, by sub-section (i), are required to be included in the articles
of a company in order to constitute the company a private company,
the company shall cease to be entitled to the privileges and
exemptions conferred on private companies under the provisions
of Section 29 (iii), of Sections 116 and 117, and of paragraph (d) of
Section 156, and thereupon the said provisions shall aj^ply to the
company as if it were not a private company.
216
No. 20 OF 1917.
(iii) If the Court is satisfied that the faikire to comply with the
conditions was accidental or due to inadvertence or to some other
sufficient cause, or that on other grounds it is just and equitable
to grant relief, it may, on the ai^plication of the company or any
other person interested and on such terms and conditions as seem
to the Court just and expedient, order that the company be relieved
from such consequences as aforesaid.
(iv) Every private company shall send with the annual list of
members and summary required to be sent under Section 29 a
certificate signed by a director or the secretary that the comj^any
has not, since the date of the last return, or in the case of a first
return since the date of the incorporation of the company, issued
any invitation to the public to subscribe for any shares or debentures
of the company ; and, where the list of members discloses the fact
that the number of members of the company exceeds fifty, also a
certificate so signed that such excess consists wholly of persons
who under sub-section (i) are to be excluded in reckoning the
number of fifty.
(v) A private company may, subject to anything contained in
the memorandum or articles, by passing a special resolution and
by filing with the Registrar such a statement in lieu of j^rospectus
as the company, if a public company, would have had to file before
allotting any of its shares or debentures, together with such a
statutory declaration as the comj^any, if a public company, would
have had to file before commencing business, convert itself into a
public company.
(vi) Where two or more persons hold one or more shares in
a company jointly, they shall, for the purposes of this section, be
treated as a single member.
Modes o£
winding-up.
Liabilities as
oontributories
of present and
past members.
PART IV.
WINDING-UP.
Preliminary.
150. (i) The winding-up of a company may be either
(a) by the Court ;
(6) voluntary ; or
(c) subject to the supervision of the Court.
(ii) The provisions of this Enactment Avith respect to winding-up
shall, unless the contrary appears, aj^ply to the winding-up of a
company in any of those modes.
CONTRIBUTORIES .
151. (i) In the event of a company being wound up, every
present and past member shall, subject to the provisions of this
section, be liable to contribute to the assets of the company to
an amount sufficient for payment of its debts and liabilities and
the costs, charges, and expenses of the winding-up, and for the
adjustment of the rights of the contributories among themselves,
with the qualifications following :
COMPANIES. 217
(a) a past member shall not be liable to contribute if he has
ceased to be a member for one year or upwards before the
commencement of the winding-up ;
{/>) a past member shall not be liable to contribute in respect
of any debt or liability of the company contracted after
he ceased to be a member ;
(c) a past member shall not be liable to contribute unless it
apjjears to the Court that the existing members are unable
to satisfy the contributions required to be made by them
in pursuance of this Enactment ;
(d) in the case of a company limited by shares no contribution
shall be required from any member exceeding the amount,
if any, unpaid on the shares in respect of which he is
liable as a present or past member ;
(c) in the case of a company limited by guarantee, no contribu-
tion shall be required from any member exceeding the
amount undertaken to be contributed by him to the assets
of the company in the event of its being wound up ;
(/) nothing in this Enactment shall invalidate any provision
contained in any policy of insurance or other contract
whereby the liability of individual members on the policy
or contract is restricted, or whereby the funds of the
company are alone made liable in respect of the policy
or contract ;
(g) a sum due to any member of a company, in his character
of a member, by way of dividends, profits, or otherwise,
shall not be deemed to be a debt of the company, payable
to that member in a case of competition between himself
and any other creditor not a member of the company ; but
any such sum may be taken into account for the purpose of
the final adjustment of the rights of the contributories
among themselves.
(ii) In the winding-up of a limited company, any director or
manager, whether past or present, whose liability is, in pursuance
of this Enactment, unlimited, shall, subject to sub-sections (iii), (iv),
and (v), in addition to his liability, if any, to contribute as an
ordinary member, be liable to make a further contribution as if he
were at the commencement of the winding-up a member of an
unlimited company.
(iii) A past director or manager shall not be liable to make such
further contribution if he has ceased to hold office for a year or
upwards before the commencement of the winding-up.
(iv) A past director or manager shall not be liable to make such
further contribution in respect of any debt or liability of the company
contracted after he ceased to hold office.
(v) Subject to the articles of the company, a director or manager
shall not be liable to make such further contribution unless the Court
deems it necessary to require that contribution in order to satisfy
the debts and liabilities of the company, and the costs, charges, and
expenses of the winding-up.
218
No. 20 OF 1917.
Definition of
" contribu-
tory."
Nature of
liability of
contributory.
Contributories
in case of deatii
of member.
Contributories
in case of
bankruptcy
or insolvency of
member.
(vi) In the winding-up of a company limited by guarantee
which has a share capital, every member of the company shall be
liable, in addition to the amount undertaken to be contributed by
him to the assets of the company in the event of its being wound up,
to contribute to the extent of any sums unpaid on any shares held
by him.
152. The term " contributory " means every person liable to
contribute to the assets of a company in the event of its being wound
up, and, in all proceedings for determining and in all proceedings
prior to the final determination of the persons who are to be deemed
contributories, includes any person alleged to be a contributory.
153. The liability of a contributory shall create a debt accruing
due from him at the time when his liability commenced, but payable
at the times when calls are made for enforcing the liability.
154. (i) If a contributory dies either before or after he has been
placed on the list of contributories, his personal representatives
shall be liable in a due course of administration to contribute to the
assets of the company in discharge of his liability and shall be
contributories accordingly.
(ii) If the personal rejDresentatives make default in paying any
money ordered to be paid by them, proceedings may be taken for
administering the estate of the deceased contributory and of
compellmg payment thereout of the money due.
155. If a contributory becomes bankrupt or insolvent, either
before or after he has been placed on the list of contributories,
(a) the Official Assignee in bankruptcy or the receiver of the
insolvent's property, as the case may be, shall represent
him for all the purposes of the winding-up, and shall be
a contributory accordingly, and may be called on to
admit to proof against the estate of the bankrupt or
insolvent, or otherwise to allow to be paid out of his
assets in due course of law, any money due from the
bankrupt or insolvent in respect of his liability to contribute
to the assets of the comj)any ; and
(b) there may be proved against the estate of the bankrupt or
insolvent the estimated value of his liability to future
calls as well as calls already made.
Circumstances
in which
company may
be wounil up
by Court.
Winding-up by Court.
156. A company may be wound up by the Court
(a) if the company has by special resolution resolved that the
company be wound up by the Court ; or
{h) if default is made in filing the statutory report or in holding
the statutory meeting ; or
(c) if the company does not commence its business within a
year from its incorporation, or suspends its business for
a whole year ; or
COMPANIES. 219
(d) if the number of members is reduced, in the case of a private
company, below two, or, in the case of any other company,
below seven ; or
(e) if the company is unable to pay its debts ; or
(/) if the Court is of opinion that it is just and equitable that
the company should be wound up,
157. A company shall be deemed to bo unable to j)ay its debts Company when
deemed unable
(a) if a creditor, by assignment or otherwise, to whom the to pay its debts.
company is indebted in a sum exceeding five hundred
dollars then due, has served on the company, by leaving
the same at its registered office, a demand under his
hand requu'ing the company to pay the sum so due, and
the company has for three weeks thereafter neglected to
j)ay the sum, or to secure or compound for it to the
reasonable satisfaction of the creditor ; or
(6) if execution or other process issued on a judgment, decree,
or order of any Court in favour of a creditor of the company
is returned unsatisfied in whole or in part ; or
(c) if it is proved to the satisfaction of the Court that the com-
jiany is unable to pay its debts, and, in determining
whether a company is unable to pay its debts, the Court
shall take into account the contingent and prospective
liabilities of the company.
158. (i) An application of the Court for a winding-up of a company Provisions as to
shall be by petition, presented subject to the provisions of this ^Pindi^g-up! °^
section either by the company, or by any creditor or creditors,
including any contingent or prospective creditor or creditors,
contributory or contributories, or by all or any of those parties,
together or separately.
(ii) A contributory shall not be entitled to present a petition for
winding-up a company unless
(a) either the number of members is reduced, in the case of a
private company, below two, or, in the case of any other
company, below seven ; or
(b) the shares in respect of which he is a contributory, or some
of them, either were originally allotted to him or have
been held by him, and registered in his name, for at
least six months during the eighteen months before the
commencement of the winding-up, or have devolved on
him through the death of a former holder.
(iii) A petition for winding-up a company on the ground of default
in filing the statutory report or in holding the statutory meeting shall
not be presented by any person except a shareholder, nor before the
expiration of fourteen days after the last day on which the meeting
ought to have been held.
(iv) The Court shall not give a hearing to a petition for winding-up
a company by a contingent or prospective creditor until such
security for costs has been given as the Court thinks reasonable, and
220
No. 20 OF 1917.
Effect of
wiiidiri'^-up
onler.
Commencement
of winding-up
by Court.
Power to stay
or restrain
proceedings
against
company.
Powers of
Court on
hearing
petition.
Actions
stayed on
winding-up
order.
Copy of
order to be
forwarded
to Registrar.
Power of
Court to stay
winding-up.
Court may
have regard to
wishes of
creditors or
i^jntributories.
until a pri?nd facie case for winding-up has been established to the
satisfaction of the Court.
(v) Where a company is being wound up voluntarily or subject
to sujiervision, a petition may be presented by any person authorized
in that behalf under the other provisions of this section, but the
Court shall not make a winding-up order on the petition unless it is
satisfied that the voluntary winding-up or winding-up subject to
supervision cannot be continued with due regard to the interest of
the creditors or contributories.
159. An order for winding-up a company shall operate in favour
of all the creditors and of all the contributories of the company as if
made on the joint petition of a creditor and of a contributory,
160. A winding-up of a company by the Court shall be deemed to
commence at the time of the presentation of the petition for the
winding-up.
161. At any time after the presentation of a petition for winding-
up, and before a winding-up order has been made, the company,
or any creditor or contributory, may, where any action or proceeding
against the company is jiending, aj)ply to the Court for a stay of
proceedings or to restrain further proceedings in the action or
j)roceedings, and the Court may, as the case may be, stay or restrain
the proceedings accordingly on such terms as it thinks fit.
162. (i) On hearing the petition the Court may dismiss it with
or without costs, or adjourn the hearing conditionally or uncon-
ditionally, or make any interim order, or any other order that it
deems just, but the Court shall not refuse to make a winding-up
order on the ground only that the assets of the company have been
mortgaged or charged to an amount equal to or in excess of those
assets, or that the company has no assets.
(ii) Where the petition is presented on the ground of default in
filing the statutory report or in holding the statutory meeting, the
Court may order the costs to be paid by any person who, in the
opinion of the Court, are responsible for the default.
163. When a winding-up order has been made, no action or
jDroceeding shall be proceeded with or commenced against the
company except by leave of the Court, and subject to such terms
as the Court may impose.
164. On the making of a winding-up order, a copy of the order
shall forthwith be forwarded by the company to the Registrar, ^ho
shall make a minute thereof in his books relating to the company.
165. The Court may at any time after an order for A\inding-up,
on the application of any creditor or contributory, and on proof to
the satisfaction of the Court that all proceedings in relation to the
winding-up ought to be stayed, make an order staying the pro-
ceedings, either altog(>thor or for a limited time, on such terms and
conditions as the Court thinks lit.
166. The Court may, as to all matters relating to a Minding-up,
have regard to the wishes of the creditors or contributories as proved
to it by any sufficient evidence.
COMPANIES. 221
Official Receiver.
167. (i) For the purjioses of this Enactment so far as it relates Definition of
to the winding-up of companies by the Court, the term " official o'i»'''ai receiver.
receiver " means the Official Assignee of debtors' estates appointed
under " The Bankruptcy Enactment, 1912," or, if there is more than
one such Official Assignee, then such one of them as the Chief
Secretary may appoint, or, if there is no such Official Assignee, then
an officer aj)pointed for the purpose by the Chief Secretary.
(ii) Any such officer shall for the purpose of his duties under this
Enactment be styled the official receiver.
168. (i) Where the Court has made a winding-up order, there statement of
shall be made out and submitted to the official receiver a statement aff^frs'tobe
as to the affairs of the company in the prescribed form, verified by submitted to
affidavit, and shewing the particulars of its assets, debts, and receiver.
liabilities, the names, residences, and occupations of its creditors, the
securities held by them respectively, the dates when the securities
were respectively given, and such further and other information as
may be prescribed or as the official receiver may require.
(ii) The statement shall be submitted and verified by one or
more of the persons who are at the time of the winding-up order
the directors, and by the person who is at that time the secretary
or other chief officer of the company, or by such of the persons
being or having been directors or officers of the company, or having
taken part in the formation of the company at any time within one
year before the winding-up order, as the official receiver, subject to
the direction of the Court, may require to submit and verify the
same.
(iii) The statement shall be submitted within fourteen days from
the date of the order, or within such extended time as the official
receiver or the Court may for special reasons appoint.
(iv) Any person making or concurring in making the statement
and affidavit required by this section shall be allowed, and shall be
paid by the official receiver, out of the assets of the comj)any, such
costs and expenses incurred in and about the preparation and
making of the statement and affidavit as the official receiver may
consider reasonable, subject to an appeal to the Court.
(v) Any person who, without reasonable excuse, makes default in
complying with the requirements of this section, shall be liable to a
fine not exceeding one hundred dollars for every day during which
the default continues.
(vi) Any person stating himself in writing to be a creditor or
contributory of the company shall be entitled by himself or by his
agent at all reasonable times, on payment of the prescribed fee, to
inspect the statement submitted in pursuance of this section, and
to obtam a copy thereof or extract therefrom.
(vii) Any jaerson untruthfully stating himself to be a creditor or
contributory shall be guilty of a contempt of Court and shall be
punishable accordingly on the application of the liquidator or of the
official receiver.
222
No. 20 OF 1917.
Beport by
official
receiver.
Appointment,
remuneration,
and title of
liquidators.
169. (i) Where the Court has made a wmding-up order, the
official receiver shall, as soon as practicable after receipt of the state-
ment of the company's affahs, submit a preliminary report to the
Court
(a) as to the amount of capital issued, subscribed, and paid up
and the estimated amount of assets and liabilities ; and
(b) if the comj)any has failed, as to the causes of the failure ;
and
(c) whether in his opinion further enquiry is desirable as to
any matter relating to the jDromotion, formation, or failure
of the comjpany or the conduct of the business thereof.
(ii) The official receiver may also, if he thinks fit, make a further
report, or further reports, stating the manner in which the company
was formed and whether in his opinion any fraud has been committed
by any person in its promotion or formation, or by any director or
other officer of the company in relation to the company since the
formation thereof, and any other matters which in his opinion it is
desirable to bring to the notice of the Court.
Liquidators.
170. (i) For the purpose of conducting the proceedings in winding-
up a comjjany and performing such duties in reference thereto as the
Court may impose, the Court may appomt a liquidator or liquidators.
(ii) The Court may make such an ajDpointment provisionally at
any time after the presentation of a petition and before the making
of an order for winding-up.
(iii) If a provisional liquidator is appointed before the making of
a winding-uj) order, the official receiver or any other fit person may
be appointed.
(iv) On a winding-up order being made the official receiver shall
by virtue of his office become the provisional liquidator and shall
continue to act as such until he or another person becomes liquidator
and is capable of acting as such.
(v) When a person other than the official receiver is appointed
liquidator he shall not be capable of acting as liquidator until he has
notified his appointment to the R(»gistrar and given security in the
prescribed manner to the satisfaction of tlie official receiver.
(vi) If more than one liquidator is appointed by the Court, the
Court shall declare whether any act by this Enactment required or
authorized to be done by the lifiuidator is to be done by all or any
one or more of the persons appointed.
(vii) A liquidator appointed by the Court may resign or, on cause
shewn, be removed by the Court.
(viii) A vacancy in the office of a liquidator appointed by the
Court shall be filled by the Court. Until so filled the official receiver
shall by virtue of his office be the liquidator.
(ix) Where a person other than the official receiver is appointed
liquidator, he shall receive such salary or remuneration by way of
percentage or otherwise as the Court may direct ; and, if more such
COMPANIES. 223
l^ersoiis than one are appointed liquidators, their remuneration shall
be distributed among them in such proportions as the Court dkects.
(x) A liquidator shall be described as follows :
(a) where a person other than the official receiver is liquidator,
by the style of " the liquidator " ; and
{!>) where the official receiver is liquidator, by the style of " the
official receiver and liquidator "
of the j)articular company in respect of which he is appointed and
not by his mdividual name.
(xi) The acts of a liquidator shall be valid notwithstanding any
defects that may afterwards be discovered in his appointment or
qualification.
171. In a winduig-up by the Court the liquidator shall take into castody of
his custody, or under his control, all the property and things in prl^^ertj.^
action to which the company is or appears to be entitled.
172. (i) The liquidator in a winding-up by the Court may with Powers of
the sanction of the Court or of the committee of inspection liquidator,
(«) bring or defend any action or other legal proceeding in the
name and on behalf of the company ;
(h) carry on the business of the company, so far as may be
necessary for the beneficial winding-up thereof ;
(c) employ an advocate and solicitor of the Supreme Court or
other agent to take any proceedings or do any business
which the liquidator is unable to take or do himself ; but
the sanction in this case must be obtained before the
employment, except in cases of urgency, and in those
cases it must be shewn that no undue delay took place in
obtaming the sanction.
(ii) The liquidator in a winding-up by the Court may
(a) sell the movable and immovable property, and things in
action of the company by public auction or private
contract, and may transfer the whole thereof to any
person or company, or sell the same in parcels ;
(h) do all acts and execute, in the name and on behalf of the
company, all deeds, receipts, and other documents, and
for that purpose use, when necessary, the company's seal ;
(c) prove, rank, and claim in the bankruptcy or insolvency of
any contributory for any balance against his estate, and
may receive dividends in the bankruptcy or insolvency
in rosjicct of that balance, as a separate debt due from the
banlo-upt or insolvent, and rateably with the other separate
creditors ;
{(1) draw, accept, make, and indorse any bill of exchange or
promissory note in the name and on behalf of the company,
with the same effect with respect to the liability of the
company as if the bill or note had been drawn, accepted,
made, or indorsed by or on behalf of the company in the
course of its business ;
224
No. 20 OF 1917.
Meeting of
creditors and
contiibutories.
Liquidator to
give informa-
tion to oflic-ial
receiver.
Pa3TTients of
liquidator into
Treasury.
(e) raise on the security of the assets of the company any
money requisite ;
(/) take out in his official name, letters of administration to
any deceased contributory, and may do in his ofificial
name any other act necessary for obtaining payment of
any money due from a contributory or his estate which
cannot be conveniently done in the name of the company ;
and in all such cases the money due shall, for the purpose
of enabling the liquidator to take out the letters of adminis-
tration or recover the money, be deemed to be due to the
liquidator himself ;
(g) do all such other things as may be necessary for winding-up
the affairs of the company and distributing its assets.
(iii) The exercise by the liquidator of the powers conferred by this
section shall be subject to the control of the Court, and the official
receiver or any creditor or contributory may apply to the Court
with respect to any exercise or proposed exercise of any of those
powers.
(iv) Where a liquidator is provisionally appointed by the Court,
the Court may limit and restrict his powers by the order appointing
him.
173. (i) When a winding-up order has been made, the official
receiver shall summon separate meetings of the creditors and
contributories of the company for the purpose of determining
(a) whether or not an application is to be made to the Court
for the apjjointment of a liquidator in the place of the
official receiver ; and
(&) whether or not an application is to be made to the Court
for the appointment of a committee of inspection to act
with the liquidator, and who are to be the members of
the committee if appointed.
(ii) The Court may make any appointment and order required to
give effect to any such determination, and, if there is a difference
between the determinations of the meetings of the creditors and
contributories in respect of any of the matters mentioned in the
foregoing provisions of tliis section, the Court shall decide the'
difference and make such order thereon as the Court may think fit.
(iii) In case a liquidator is not appointed by the Court the official
receiver shall be liquidator of the company.
174. Where in the winding-up of a company by the Court a
person other than the official receiver is api)ointed liquidator, he
shall give the official receiver such information and such access to
and facilities for inspecting the books and papers of the company,
and generally such aid as may be requisite for enabling that officer
to perform his duties under this Enactment.
175. (i) Where in the winding-up of a company ])y the Cf)nrt a
person other than the oftieial receiver is a})pointed liquidator, lu^
shall, in such manner and at such limes as the official n^ceiver, with
the concurrence of the Treasurer, Federated INIahiy States, directs,
COMPANIES. 225
pay the money received by him to the Companies Liquidation
Account at the Treasury, and the official receiver shall furnish him
with a certificate of receipt of the money so paid.
(ii) If the committee of inspection satisfy the official receiver that
for the purpose of carrying on the business of the company or of
obtaining advances, or for any other reason, it is for the advantage of
the creditors or contributories that the liquidator should have an
account with a bank, the official receiver shall, on the application of
the committee of inspection, authorize the liquidator to make his
payments into and out of such bank as the committee shall select,
and thereupon those pajinents shall be made in the prescribed
manner.
(ui) Any such fiquidator who at any time retains for more than
ten days a sum exceeding five hundred dollars, or such other amount
as the official receiver in any particular case authorizes him to retain,
shall, unless he explains the retention to the satisfaction of the
Court, pay interest on the amount so retained in excess at the rate
of twenty per cent, per annum, and sha-ll be liable to disallowance of
all or such part of his remuneration as the Court may think just, and
to be removed from his office by the Court and shall be liable to pay
any expenses occasioned by reason of his default.
(iv) A liquidator of a company which is being wound up by the
Court shall not pay any sums received by him as liquidator into his
private banking account.
(v) Where the official receiver becomes or is appointed liquidator
he shall, in such manner and at such times as the Treasurer,
Federated Malay States, may direct, pay the money received by him
to the Companies Liquidation Account at the Treasury.
176. (i) Where in the winding-up of a company by the Court a Audit of
person other than the official receiver is appointed liquidator, he accoilutp.'^^
shall, at such times as may be prescribed but not less than twice in
each year during his tenure of office, send to the official receiver an
account of his receipts and payments as liquidator.
(ii) The account shall be in a prescribed form, shall be made in
duplicate, and shall be verified by a statutory declaration in the
prescribed form.
(iii) The official receiver shall cause the account to be audited and
for the purpose of the audit the liquidator shall furnish the official
receiver with such vouchers and information as he may require, and
the official receiver may at any time require the production of and
inspect any books or accounts kept by the liquidator.
(iv) When the account has been audited, one copy thereof shall be
filed and kept by the official receiver, and the other copy shall be
filed with the Court, and each copy shall be open to the inspection of
any creditor, or of any person interested.
(v) The official receiver shall cause the account when audited or a
summary thereof to be printed, and shall send a printed copy of the
account or summary, by post to every creditor and contributory.
177. Every liquidator of a company which is being wound up by Books to be
the Court shall keep, in manner prescribed, proper books in which he HquiiL^'tor.
Ill— 15
226
No. 20 OF 1917.
Release of
liquidators.
Exercise and
control of
liquidator's
powers.
shall cause to be made entries or minutes of proceedings at meetings,
and of such other matters as may be prescribed, and any creditor or
contributory may, subject to the control of the Court, personally or
by agent inspect any such books.
178. (i) When the hquidator of a company which is being wound
up by the Court has realized all the property of the company, or so
much thereof as can, in his opinion, be realized without needlessly
protracting the liquidation, and has distributed a final dividend, if
any, to the creditors, and adjusted the rights of the contributories
among themselves, and made a final return, if any, to the contribu-
tories, or has resigned, or has been removed from his office, the official
receiver shall, on his application, cause a report on liis accounts to be
prepared, and, on his complying with all the reasonable requirements
of the official receiver, the Court shall take into consideration the
report, and any objection which may be urged by any creditor, or
contributory, or person interested against the release of the
liquidator, and may either grant or withhold the release accordingly.
(ii) Where the release of a liquidator is withheld the Court may,
on the application of any creditor, or contributory, or person
interested, make such order as it thinks fit, charging the liquidator
with the consequences of any act or default which he may have
done or made contrary to his duty.
(ui) An order of the Court releasing the liquidator 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 company, or otherwise
in relation to his conduct as hquidator, but any such order may be
revoked on proof that it was obtained by fraud or by suppression
or concealment of a material fact.
(iv) Where the liquidator has not previously resigned or been
removed, his release shall operate as a removal of him from his office.
179. (i) Subjecttotheprovisionsof this Enactment the liquidator
of a company which is being wound up by the Court shall, in the
administration of the assets of the company and in the distribution
thereof among its creditors, have regard to any directions that may
be given by resolution of the creditors or contributories at any
general meeting, or-by the committee of inspection, and any direc-
tions given by the creditors or contributories at any general meeting
shall in case of conflict be deemed to override any directions given
by the committee of inspection.
(ii) The liquidator may summon general meetings of the creditors
or contrilnitories for the purpose of ascertaining tlieir wishes, and it
shall be his duty to summon meetings at such timers as the creditors
or contributories, by resolution, either at the meeting appointing the
liquidator or otherwise, may direct, or whenever requested in writing
to do so by one-tenth in value of the creditors or contributories as
the case may be.
(iii) The liquidator may apply to the Court m manner prescribed
for direction in relation to any particular matter arising under the
winding-up.
COMPANIES. 227
(iv) Subject to the provisions of this Enactment, the Hquidator
shall use his own discretion in the management of the estate and its
distribution among the creditors.
(v) Any person who is aggrieved by any act or decision of the
liquidator, 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.
180. (i) When a person other than the official receiver is appointed control over
liquidator, if any complaint is made to the official receiver by any '"i"i'''^tors.
creditor or contributory in regard to the performance or non-
performance of the liquidator of the duties imposed on him by this
Enactment or rules made thereunder, the official receiver shall
enquire into the matter, and take such action thereon as he may
think expedient.
(ii) The official receiver may at any time require any liquidator
of a company which is being wound up by the Court to ansAver any
enquiry in relation to any winding-up in which he is engaged, and
may, if the official receiver thinks fit, apply to the Court to examine
him or any other person on oath concerning the mnding-up.
(iii) The Court may also direct an investigation to be made of the
books and vouchers of the liquidator.
Committee of Inspection, Special Manager, Receiver.
181. (i) A committee of inspection appointed in pursuance of this Committee of
Enactment shall consist of creditors and contributories of the com- w^Kfhi^i°"p"
pany or persons holding general powers of attorney from creditors or
contributories in such proportions as may be agreed on by the
meetings of creditors and contributories, or as, in case of difference,
may be determined by the Court.
(ii) The committee shall meet at such times as they from time to
time appoint, and, failing such appointment, at least once a month ;
and the liquidator or any member of the committee may also call a
meeting of the committee as and when he thinks necessary.
(iii) The committee may act by a majority of their members
present at a meeting, but shall not act unless a majority of the
committee are present.
(iv) Any member of the committee may resign by notice in
writing signed by him and delivered to the liquidator.
(v) If a member of the committee becomes bankrupt or insolvent,
or compounds or arranges with his creditors, or is absent from five
consecutive meetings of the committee Avithout the leave of those
members who together with himself represent the creditors or
contributories, as the case may be, his office shall thereupon become
vacant.
(vi) Any member of the committee may be removed by an
ordinary resolution at a meeting of creditors, if he represents
creditors, or of contributories, if he represents contributories, of
which seven days' notice has been given, stating the object of the
meeting.
228
No. 20 OF 1917.
Power to
appoint special
manaser.
Power to
appoint otfifial
receiver as
receiver for
debenture
holders or
creditors.
Settlement of
list of contri-
butories and
application of
assets.
Power to
rerinire delivery
of property.
Power to order
payment of
debts by
contributory.
(vii) On a vacancy occurring in the committee the liquidator shall
forthwith summon a meeting of creditors or of contributories, as the
case may require, to fill the vacancy, and the meeting may, by
resolution, re-appoint the same or appoint another creditor or
contributory to fill the vacancy.
(viii) The continuing members of the committee, if not less than
two, may act notwithstanding any vacancy in the committee.
(ix) If there is no committee of inspection, any act or thing
or any direction or permission by this Enactment authorized or
required to be done or given by the committee may be done or given
by the official receiver on the application of the liquidator.
182. (i) Where the official receiver becomes the liquidator of
a company, whether provisionally or otherwise, he may, if satisfied
that the nature of the estate or business of the company, or the
interests of the creditors or contributories generally, require the
appointment of a special manager of the estate or business of the
company other than himself, apply to the Court to, and the Court
may on such application, appoint a special manager thereof to act
during such time as the Court may direct, with such powers,
including any of the powers of a receiver or manager, as may be
entrusted to him by the Court.
(ii) The special manager shall give such security and account
in such manner as the Court directs.
(iii) The special manager shall receive such remuneration as may
be fixed by the Court.
183. Where an application is made to the Court to appoint a
receiver on behalf of the debenture holders or other creditors of a
company which is being wound up by the Court, the official receiver
may be so appointed.
Ordinary Powers of Court.
184. (i) As soon as may be after making a winding-up order, the
Court shall settle a list of contributories, with jDower to rectify the
register of members in all cases where rectification is required in
pursuance of this Enactment, and shall cause the assets of the
company to be collected, and applied in discharge of its liabilities.
(ii) In settling the list of contributories, the Court shall distinguish
between persons who are contributories in their own right and
persons who are contributories as being rej^rcsentatives of or liable
for the debts of others.
185. The Court may, at any time after making a winding-up
order, require any contributory for the time being settled on the list
of contributories, and any trustee, receiver, banker, agent, or officer
of the company to pay, deliver, convey, surrender, or transfer
forthwith, or within such time as the Court directs, to the liquidator
any money, property, or books and papers in his hands to which the
company is prima, facie entitled.
186. (i) The Court may, at any time after making a winding-up
order, Jiiake an order on any contributory for the time being settk'd
on the list of contributories to pay, in manner directed by the order,
COMPANIES.
229
any money due from him or from the estate of the person whom he
represents to the company, exclusive of any money payable by him
or the estate by virtue of any call in pursuance of this Enactment.
(ii) The Court in making such an order may, in the case of an
unlimited company, allow to the contributory by way of set-off
any money due to him or to the estate of the person whom ho
represents from the company on any independent dealing or contract
with the company, but not anj^ money due to him as a member of the
company in respect of any dividend or profit ; and may, in the case
of a limited company, make to any director or manager whose
liability is unlimited or to his estate the like allowance.
(iii) But in the case of any company, whether limited or unlimited,
when all the creditors are paid in full, any money due on any account
whatever to a contributory from the company may be allowed to
him by way of set-off against any subsequent call.
187. (i) The Court may, at any time after making a winding-up Power of court
order, and either before or after it has ascertained the sufficiency *» '"''i^e caiis.
of the assets of the company, make calls on and order payment
thereof by all or any of the contributories for the time being settled
on the list of the contributories to the extent of their liability,
for payment of any moneys which the Court considers necessary
to satisfy the debts and liabilities of the com23any, and the costs,
charges, and expenses of winding-up, and for the adjustment of
the rights of the contributories among themselves.
(ii) In making a call the Court may take into consideration the
probability that some of the contributories may partly or wholly
fail to pay the call.
188. (i) The Court may order any contributory, purchaser, or Power to order
other f)erson from whom money is due to the company to pay the Treasury .^'^ °
same into the Treasury to the account of the liquidator instead of to
the liquidator, and any such order may be enforced in the same
mamier as if it had dii-ected payment to the liquidator.
(ii) All moneys and securities paid or delivered into the Treasury
in the event of a winding-up by the Court shall be subject in all
respects to the orders of the Court.
189. (i) An order made by the Court on a contributory shall, onieron
subject to any right of appeal, be conclusive evidence that the money,
if any, thereby appearing to be due or ordered to be paid is due.
(ii) All other pertinent matters stated in the order shall be
taken to be truly stated as agamst all persons, and in all proceedings
whatsoever.
contributory
conclusive
evii.lence.
190. The Court may fix a time or times mthin which creditors Power to
are to prove their debts or claims, or to be excluded from the benefit c?e,atore ,
of any distribution made before those debts are proved.
provuig
time.
contri-
191. The Court shall adjust the rightsj^of the contributories Adjustment o
among themselves, and distribute any surjilus among the persons butorie" . ''°'' '
entitled thereto.
192. The Court may, in the event of theassets being insufficient ^o^er to order
to satisfy the liabilities, make an order as to the payment out of the
230
No. 20 OF 1917.
Dissolution o£
company.
Delegation to
liquidator of
certain powers
of Court.
Power to
summon iicrsons
suspected of
Laving property
of company.
assets of the costs, charges, and expenses incurred in the winding-up
in such order of priority as the Court thinks just.
193. (i) When the affairs of a company have been completely
wound up, the Court shall make an order that the company be
dissolved from the date of the order, and the company shall be
dissolved accordingly.
(ii) The order shall be reported by the liquidator to the Registrar
Avho shall make in his books a minute of the dissolution of the
company.
(iii) Any liquidator who makes default in complying with the
requirements of this section shall be liable to a fine not exceeding
fifty dollars for every day during which he is in default.
194. (i) The Chief Judicial Commissioner, with the approval of
the Federal Council, may, subject to the provisions of Section 253,
make general rules for enabling or requiring all or any of the powers
and duties conferred and imj^osed on the Court by this Enactment, in
respect of the matters following, to be exercised or performed by the
liquidator as an officer of the Court, and subject to the control of the
Court — that is to say, the powers and duties of the Court in respect of
(a) holding and conducting meetings to ascertain the wishes of
creditors and contributories ;
(b) settling lists of contributories and rectifying the register
of members where required, and collecting and applying
the assets ;
(c) requiring delivery of property or documents to the liquidator
(d) making calls ;
(e) fixing a time within which debt and claims must be proved
(ii) The liquidator shall not, without the special leave of the
Court, rectify the register of members, and shall not make any call
without either the special leave of the Court or the sanction of the
committee of inspection.
Extraordinary Powers of Court.
195. (i) The Court may, after it has made a winding-up order,
summon before it any officer of the company or any person known or
suspected to have in his possession any property of the company or
supposed to be indebted to the company, or any person whom the
Court deems capable of giving information concerning the trade,
dealings, affairs, or projierty of the company.
(ii) The Court may examine such officer or person on oath
concerning the same, either by word of mouth or on written
interrogatories, and may reduce his answers to writing and require
him to sign them.
(iii) The Court may require such officer or person to produce any
books and papers in his custody or power relating to the company ;
but, where he claims any lien on books or papers produced by him,
the production sliall be Avithout ]irejudicc to such lien, and the Court
sliall have jurisdiction in the Asiuding-up to determine all questions
relating to such lien.
directors, etc.
COMPANIES. 231
(iv) The Court may cause to be apprehended and brought before
it for examination any person so summoned who, after being
tendered a reasonable sum for his expenses, refuses to come before
the Court at the time appointed, not having a lawful impediment,
made knoMTi to the Court at the time of its sitting and allowed by it.
196. (i) When an order has been made for winding-up a company Power to
by the Court, and the official receiver has made a further report examiliation of
under this Enactment statmg that in his opmion a fraud has been i;romoters,
committed by any person in the promotion or formation of the
company, or by any director or other officer of the company in
relation to the company since its formation, the Court may, after
consideration of the report, direct that any person who has taken any
part in the promotion or formation of the company, or has been a
director or officer of the company, shall attend before the Court on a
day appointed by the Court for that purpose, and be publicly
examined as to the promotion or formation or the conduct of the
busmess of the company, or as to his conduct and dealings as a
director or officer thereof.
(ii) The official receiver shall take part in the examination,
and for that jjurpose may, if specially authorized by the Court in
that behalf, employ an advocate and solicitor of the Supreme Court.
(iii) The liquidator, where the official receiver is not the liquidator,
may also take part m the examination, either personally or by an
advocate and solicitor of the Supreme Court.
(iv) The Com-t may put such questions to the person examined as
the Court thinks fit.
(v) The person examined shall be examined on oath, and shall
answer all such questions as the Court may put or allow to be put
to him.
(vi) A person ordered to be examined under this section shall
at his own cost, before his examination, be furnished, if he so desires,
Avith a copy of the official receiver's report, and may at his own cost
employ an advocate and solicitor of the Supreme Court, who shall be
at liberty to put to him such questions as the Court deems just for
the purpose of enabling him to explain or qualify any answers given
by him.
(vii) If the person so examined is, in the opinion of the Court,
exculpated from any charges made or suggested against him, the
Court may allow him such costs as in its discretion it thinks fit.
(viii) Notes of the examination shall be taken doAvn in writing,
and shall be read over to or by, and signed by, the person examined,
and may thereafter be used in evidence against him, and shall be
open to the inspection of any creditor or contributory at all
reasonable times.
(ix) The Court may, if it thinks fit, adjourn the examination
from time to time.
(x) An examination under this section may, if the Court so
directs, and subject to general rules, be held before any officer of the
Supreme Court named for the purpose by the Court, and the poAvers
of the Court under this section as to the conduct of the examination,
232
No. 20 OF 1917.
Power to arrest
absconding
contributory.
Powers of Court
cumulative.
but not as to the costs, may be exercised by the person before whom
the examination is held.
197. The Court at any time either before or after making a
winding-up order, on proof of probable cause for believing that
a contributory is about to leave the Federated Malay States, or
otherwise to abscond, or to remove or conceal any of his property
for the purpose of evading payment of calls, or of avoiding examina-
tion respecting the affairs of the company, may cause the
contributory to be arrested, and his books and papers and movable
property to be seized, and him and them to be safely kept until such
time as the Court may order.
198. Any powers by this Enactment conferred on the Court shall
be in addition to and not in restriction of any existing powers of
instituting proceedings against any contributory or debtor of the
company, or the estate of any contributory or debtor, for the
recovery of any call or other sums.
Power to
enforce orders.
Appeals from
orders.
Circumstances
in which
company may
be wound up
voluntarily.
Commencement
of voluntary
winding-up.
Enforcement of and Appeal feom Orders.
199. Orders made by the Court under this Enactment may be
enforced in the same manner in which orders made in any suit
pending therein may be enforced.
200. (i) Subject to rules of Court, an appeal from any order or
decision made or given in the winding-up of a company by the
Court under this Enactment shall lie in the same manner and subject
to the same conditions as an appeal from any order or decision of
the Court in cases within its ordinary jurisdiction.
(ii) No such appeal shall be heard unless notice of the same
is given within three weeks from the date of the order or decision
complained of, in manner in which notices of appeal are ordinarily
given, unless such time is extended by the special leave of the
Court of Appeal.
Voluntary Winding-up.
201. A company may be wound up voluntarily
(a) when the period, if any, fixed for the duration of the
company by the articles expires, or the event, if anj^
occurs, on the occurrence of which the articles provide
that the company is to be dissolved, and the company
in general meeting has passed a resolution requiring the
company to be wound up voluntarily ;
(6) if the company has passed a special resolution that the
company be wound uji voluntarily ;
(c) if the company has passed an extraordinary resolution
to the effect that it cannot by reason of its liabilities
continue its business, and that it is advisable to Avind up.
202. A voluntary winding-up shall be doomed to commonco at the
time of the jiassing, or in the case of a special resolution the confirma-
tion, of the resolution authorizing the winding-up.
COMPANIES. 233
203. (i) When a company is Avound up voluntarily the company Effect of
shall, from the commencement of the winding-up, cease to carry Xi^'ijinK^up
on its business, except so far as may be required for the beneficial ou status of
. 1 . i 1 J- company.
wmdmg-up thereof.
(ii) The corporate state and corporate powers of the company
shall, notwithstanding anything to the contrary in its articles,
continue until it is dissolved. *
204. When a company has passed a special or extraordinary Notkeof
resolution to wind up voluntarily, it shall give notice of the resolu- to^wind"")
tion by advertisement in the Gazette. voluntarily.
205. The following consequences shall ensue on the voluntary consequences
. J • p of voluntary
wmdmg-up of a company : winaing-up.
(a) the property of the company shall be apjjlied in satisfaction
of its liabilities ^jarzi passu, and, subject thereto, shall,
unless the articles otherwise provide, be distributed
among the members according to their rights and interests
in the company ;
(6) the company in general meeting shall appoint one or more
liquidators for the purj^ose of winding up the affairs and
distributing the assets of the comjjany, and may fix the
remuneration to be paid to him or them ;
(c) on the appointment of a liquidator all the powers of the
directors shall cease, except so far as the company in
general meeting, or the liquidator, sanctions the continu-
ance thereof ;
(d) the liquidator may, without the sanction of the Court,
exercise all powers by this Enactment given to the
liquidator m a a^ inding-uj) by the Court ;
(e) the liquidator may exercise the powers of the Court under
this Enactment of settling a list of contributories, and of
making calls, and shall pay the debts of the company,
and adjust the rights of the contributories among
themselves ;
(/) the list of contributories shall be prima facie evidence of
the liability of the persons named therein to be
contributories ;
(g) when several liquidators are appointed, every power hereby
given may be exercised by such one or more of them as
may be determined at the time of their appointment, or
in default of such determination by any number not less
than two ;
(h) if from any cause whatever there is no liquidator acting,
the Court may, on the application of a contributory or a
creditor, appoint a liquidator ;
(^) the Court may, on cause shewn, remove a liquidator, and
appoint another liquidator.
206. (i) The liquidator in a voluntary winding-up shall, within Notice by
twenty-one days after his appointment, file with the Registrar a appointment.^"'
notice of his appointment in the prescribed form.
234
No. 20 OF 1917.
Rights of
creditors in
a voluntary
wiuding-ui).
Power to fill
vacancy in
ollice of
li<luidator.
(ii) Any liquidator who fails to comply with the requii'ements of
this section shall be liable to a fine not exceeding fifty dollars for
every day during which the default continues.
207. (i) Every liquidator appointed by a company in a voluntary
winding-up shall, within seven days from his appointment, send
notice by post to all persons who appear to him to be creditors of the
company that a meeting of the creditors of the company will be held
on a date, not being less than fourteen nor more than twenty-one
days after his appointment, and at a place and hour, to be specified
in the notice, and shall also advertise notice of the meeting once in
the Gazette and once at least in two newspapers circulating in the
State where the registered office or principal place of business of the
company was situate.
(ii) At the meeting to be held in pursuance of the foregoing
provisions of this section the creditors shall determine whether an
application shall be made to the Court for the apjoointment of any
person as liquidator in place of or jointly with the liquidator
appointed by the company, or for the appointment of a committee
of inspection, and, if the creditors so resolve, an application may be
made accordingly to the Court at any time, not later than fourteen
days after the date of the meeting, by any creditor appointed for
the purpose at the meeting.
(iii) On any such application the Court may make an order either
for the removal of the liquidator apj^ointed by the company and for
the appointment of some other person as liquidator or for the
appointment of some other person to act as liquidator jointly with
the liquidator appointed by the comjiany, or for the appointment
of a committee of inspection either together with or Avithout any
such appointment of a liquidator or such other order as, having
regard to the interests of the creditors and contributories of the
company, seems just.
(iv) No appeal shall lie from any order of the Court upon an
application under this section.
(v) The Court shall make such order as to the costs of the applica-
tion as it thinks fit, and if it is of opinion that, having regard to
the interests of the creditors in the liquidation, there were reasonable
grounds for the application, may order the costs of the application to
be paid out of the assets of the company, notwithstanding that the
application is dismissed or otherwise disposed of adversely to the
applicant.
208. (i) If a vacancy occurs by death, resignation, or otherwise
in the office of liquidator appointed by the company in a voluntary
winding-up, the company in general meeting may, subject to any
arrangements with its creditors, fill the vacancy.
(ii) For such purpose a general meeting may be convened by any
contributory or, if there were more liquidators than one, by the
continuing liquidators.
(iii) The meeting shall be held in manner prescribed by the
articles, or in such manner as may, on apiilication by any contribu-
tory or by the continuing liquidators, be determined by the Court.
COMPANIES. 235
209. (i) A compan}^ about to be, or in course of being, wound up Delegation of
voluntarily may, by extraordinary resolution, delegate to its appoTt*^*"
creditors, or to any committee of them, the power of appointing liquidators.
liquidators or any of them, and of supplying vacancies among the
liquidators, or enter into any arrangement with respect to the powers
to be exercised by the liquidators, and the manner in which they
are to be exercised.
(ii) Any act done by creditors in pursuance of any such delegated
power shall have the same effect as if it had been done by the
company.
210. (i) Any arrangement entered into between a company about Arrangement
to be, or in the course of being, wound up voluntarily and its oncreduo'rs!"
creditors shall, subject to any right of appeal lender this section, be
binding on the company if sanctioned by an extraordinary resolution,
and on the creditors if acceded to by three-fourths in number and
value of the creditors.
(ii) Any creditor or contributory may, within three weeks from
the completion of the arrangement, aj^i^eal to the Court against it,
and the Court may thereupon, as it thinks just, amend, vary, or
confirm the arrangement.
211. (i) Where a company is proposed to be, or is in course of Power of
being, wound up altogether voluntarily, and the whole or joart of its acc'l^pt^shares,
business or property is j^roposed to be transferred or sold to another etc., as con-
company, whether such other company be formed and registered sale of property
under this Enactment or under the Companies Enactment, 1897, of «>^ company.
any of the Federated Malay States or in the United Kingdom or in
any British Colony or Dependency, in this section called the trans-
feree company, the liquidator of the first-mentioned company, in
this section called the transferor company, may, with the sanction
of a special resolution of that company, conferring either a general
authority on the liquidator or an authority in respect of any
particular arrangement, receive in compensation or part com-
pensation for the transfer or sale, shares, policies, or other like
interests in the transferee company, for distribution among
the members of the transferor company, or may enter into any
other arrangement whereby the members of the transferor company
may, in lieu of receiving cash, shares, policies, or other lil^e interests,
or in addition thereto, participate in the profits of or receive any
other benefit from the transferee company.
(ii) Any sale or arrangement in pursuance of this section shall be
binding on the members of the transferor company.
(iii) If any member of the transferor company who did not vote
in favour of the special resolution at either of the meetings held
for passing and confirming the same expresses his dissent therefrom
in writing addressed to the liquidator, and left at the registered
office of the company within seven days after the confirmation of
the resolution, he may require the liquidator either to abstain from
carrying the resolution into efifect, or to purchase his interest at a
price to be determined by agreement or by arbitration in manner
provided by Sections 212 to 217.
236
No. 20 OF 1917.
Appoiutmeiit
of arbitrator
when questions
are to be
determined
by arbitration.
Vacancy of
arbitrator
to be supplied.
Appointment of
umpire.
Power of
arbitrators to
call for books,
etc.
(iv) If the liquidator elects to purchase the member's interest the
purchase money must be paid before the company is dissolved, and
be raised by the liquidator in such manner as may be determined by
sjjecial resolution.
(v) A special resolution shall not be invalid for the purposes of
this section by reason that it is passed before or concurrently with
a resolution for winding uj) the company, or for appointing
liquidators ; but, if an order is made within a year for winding up
the company by or subject to the supervision of the Court, the special
resolution shall not be valid unless sanctioned by the Court.
212. (i) When any dispute about the price to be paid is to
be settled by arbitration, then unless both parties concur in the
appointment of a single arbitrator, each party, on the request of
the other party, shall by writing under his hand nominate and
appoint an arbitrator to whom such dispute shall be referred.
(ii) After any such appointment has been made neither party
shall have power to revoke the same without the consent of the other,
nor shall the death of either party operate as a revocation.
(iii) If for the space of fourteen days after any such dispute has
arisen, and after a request in writing has been served by the one
party on the other party to appoint an arbitrator, such last-
mentioned party fails to appoint such arbitrator, then upon such
failure the party making the request, and having himself appointed
an arbitrator, may appoint such arbitrator to act on behalf of both
parties, and such arbitrator may proceed to hear and determine the
matters in dispute ; and in such case the award and determination
of such single arbitrator shall be final.
213. (i) If before the matters so referred are determined any
arbitrator appointed by either party dies, or becomes incapable or
refuses or for seven days neglects to act as arbitrator, the party by
whom such arbitrator was appointed may nominate and appoint in
A\Titing some other person to act in his place.
(ii) If for the sjoace of seven days after notice in ^\Titing from the
other party for that purpose he fails to do so, the remaining or
other arbitrator may proceed ex parte ; and every arbitrator so
substituted as aforesaid shall have the same powers and authorities
as were vested in the former arbitrator at the time of his death,
refusal, or disability as aforesaid.
214. (i) Where more arbitrators than one have been appomted,
they shall, before entering upon the matters referred to them,
nominate and appoint by writing under their hands an umpire to
decide on any such matters on which they shall differ.
(ii) If such umpire dies, or refuses or for seven days neglects
to act, they shall forthwith after such death, refusal, or neglect
appoint another umpire in his place ; and the decision of every such
umpire on the matters so referred to him shall be final.
215. The said arbitrators or their umpire may call for the
production of any documents in tlie possession or poA\er of cither
party which they or he may think necessary for determining the
COMPANIES.
237
question in dispute, and may examine the parties or their witnesses
on oath, and administer the oaths necessary for that purpose.
216. The costs of and attending every such arbitration, to be costs to be in
determined by the arbitrators, shall be in the discretion of the orarburatore.
arbitrators or their umpire, as the case may be.
217. On the application of either of the parties, the submission submission to
to any such arbitration may be filed in the Court and an order of
reference may be made thereon ; and the provisions of the civil
Procedure Code shall, so far as the same are applicable, apply to
every such order, and to all proceedings thereunder.
218. (i) Where a company is being wound up voluntarily the Power to apply
liquidator or any contributory or creditor may apply to the Court ^o^ourt.
to determine any question arising in the winding-up, or to exercise,
as respects the enforcing of calls, or any other matter, all or any of the
powers which the Court might exercise if the company were being
wound up by the Court.
(ii) The Court, if satisfied that the determination of the question
or the required exercise of power will be just and beneficial, may
accede wholly or partially to the api^lication on such terms and
conditions as the Court thinks fit, or may make such other order on
the application as the Court thinks just.
219. (i) Where a company is bemg wound up voluntarily, the power of
liquidator may summon general meetings of the company for the |?^\"'^eneraf
purpose of obtaining the sanction of the company by special or meeting.
extraordmary resolution, or for any other purposes he tliinks fit.
(ii) In the event of the winding-up continuing for more than one
year, the liquidator shall summon a general meeting of the company
at the end of the first year from the commencement of the winding-
up, and of each succeeding year, or as soon thereafter as may be
convenient, and shall lay before the meeting an account of his acts
and dealings and of the conduct of the winding-up during the
preceding year.
220. (i) In the case of every voluntary winding-up, as soon Final meeting
as the affau-s of the company are fully wound up, the liquidator ^"^^ Jissomtion.
shall make up an account of the winding-up, shewing how the
winding-up has been conducted and the property of the company
has been disposed of ; and thereupon shall call a general meeting
of the company for the purpose of laying before it the account, and
giving any explanation thereof.
(ii) The meeting shall be called by advertisement in the Gazette
and in two newspapers circulating in the State where the principal
place of business of the company was situate, specifying the time,
place, and object thereof, and published one month at least before
the meeting.
(iii) Within three weeks after the meeting, the liquidator shall
make a return to the Registrar of the holding of the meeting, and
of its date, and in default of so doing shall be liable to a fine not
exceeding fifty dollars for every day during which the default
continues.
238
No. 20 OF 1917.
Costs of
voluntary
liquidation.
Saving- for rights
of creditors
and con-
tributories.
Power of Court
to adopt
proceedings of
voluntary
winding-up.
(iv) The Registrar on receiving the return shall forthwith register
it, and on the expiration of three months from the registration of
the return the company shall be deemed to be dissolved.
(v) The Court may, on the appHcation of the liquidator or of
any other person who appears to the Court to be interested, make
an order deferring the date at which the dissolution of the company
is to take effect for such time as the Court thinks fit.
(vi) The person on whose application an order of the Court under
this section is made shall, within seven days after the making of
the order, file with the Registrar an office copy of the order, and if
he fails so to do he shall be liable to a fine not exceeding fifty dollars
for every day during which the default continues.
221. All costs, charges, and expenses properly incurred in the
voluntary winding-up of a company, including the remuneration
of the liquidator, shall be payable out of the assets of the company
in priority to all other claims.
222. The voluntary winding-up of a company shall not bar the
right of any creditor or contributory to have it wound up by the
Court, if the Court is of opinion, in the case of an application by
a creditor, that the rights of the creditor or, in the case of an
application by a contributory, that the rights of the contributories
will be prejudiced by a voluntary winding-up.
•
223. Where a company is being wound up voluntarily, and an
order is made for winding-up by the Court, the Court may if it
thinks fit by the same or any subsequent order provide for the
adoption of all or any of the proceedings in the voluntary winding-up.
Power to order
winding-up
subject to
supervision.
Eflfect of
petition for
winding-up
subject to
supervision.
Court may have
regard to wishes
of creditors and
contributories.
Power for Court
to appoint or
remove
liquidators.
Winding-up subject to Supervision of Court.
224. When a company has passed a special or extraordinary
resolution to wind up voluntarily, the Court may make an order
that the voluntary winding-up shall continue but subject to such
supervision of the Court, and with such liberty for creditors, contri-
butories, or others to aj)ply to the Court, and generally on such
terms and conditions as the Court thinks just.
225. A petition for the continuance of a voluntary winding-up
subject to the supervision of the Court shall, for the purpose of
giving jurisdiction to the Court over actions, be deemed to be a
petition for winding-up by the Court.
226. The Court may, in deciding between a winding-up by the
Court and a winding-up subject to supervision, in the appointment
of liquidators, and in all other matters relating to the winding-up
subject to supervision, have regard to the wishes of the creditors or
contributories as proved to it by any sufficient evidence.
227. (i) Where an order is made for a winding-up subject to
sup(u-vision, the Court may by the same or any subsequent order
appoint an additional liquidator.
(ii) A liquidator appointed by the Court under this section shall
have the same powers, be subject to the same obligations, and in
COMPANIES. 239
all respects stand in the same position as if he had been appointed
by the company.
(iii) The Court may remove any liquidator so appointed by the
Court or any liquidator continued under the supervision order
and fill any vacancy occasioned by the removal, or by death or
resignation.
228. (i) Where an order is made for a winding-up subject to Effect of
supervision, the liquidator may, subject to any restrictions imposed orSerr"*'""
by the Court, exercise all his powers, without the sanction or
intervention of the Court, in the same manner as if the company
were being wound up altogether voluntarily.
(ii) A winding-up subject to the supervision of the Court shall not
be deemed a winding-up by the Court for the purpose of Sections
168, 169, 170, except sub-section (xi), 173 to 183, 194, and 196, but,
subject as aforesaid, an order for a winding-up subject to supervision
shall for all purposes, including the staying of actions and other
proceedings, the making and enforcement of calls, and the exercise
of all other powers, be deemed to be an order for winding-up by
the Court.
Supplemental Provisions.
229. (i) In the case of voluntary winding-up, every transfer ^[^^^^^^^
of shares, except transfers made to or with the sanction of the etc., after
liquidator, and every alteration in the status of the members of o^wSrup.''
the company made after the commencement of the winding-up,
shall be void.
(ii) In the case of a winding-up by or subject to the supervision
of the Court, every disposition of the property, including things in
action, of the company, and every transfer of shares, or alteration
in the status of its members, made after the commencement of the
wuiding-up, shall, unless the Court otherwise orders, be void.
230. In every winding-up (subject in the case of insolvent Debts of aii
companies to the application in accordance with the provisions of bfprOTed^^'°
this Enactment of the law of banla-uptcy or insolvency) all debts
payable on a contingency, and all claims against the company,
present or future, certain or contingent, ascertained or sounding
only in damages, shall be admissible to proof against the company,
a just estimate being made, so far as possible, of the value of such
debts or claims as may be subject to any contingency or sound
only in damages, or for some other reason do not bear a certain
value.
231. (i) In the winding-up of an insolvent company the same Application of
rules shall prevail and be observed with regard to the respective rui^^^°^
rights of secured and unsecured creditors and to debts provable and ^^^jj^^lt"^ "^
to the valuation of annuities and future and contingent liabilities companies.
as are in force for the time being under the law of bankruptcy or
insolvency with respect to the estates of persons adjudged bankrupt
or insolvent.
(ii) All persons who in any such case would be entitled to prove
for and receive dividends out of the assets of the company may
240
No. 20 OP 1917.
Preferential
payments.
Fraudulent
preference.
come in under the winding-up, and make such claims against the
company as they respectively are entitled to by virtue of this
section.
232. (i) In a winding-up there shall be paid in priority to all
other debts
(a) all rates and taxes due from the company to the Govern-
ment at the date hereinafter mentioned, and having
become due and payable within twelve months next
before that date ;
(h) all wages or salary of any clerk or servant in respect of
services rendered to the company during four months
before the said date, not exceeding five hundred dollars ;
and
(c) all wages of any workman or labourer, whether payable for
time or for piece work, in respect of services rendered to
the company during two months next before the said
date.
(ii) The foregoing debts shall
(a) rank equally among themselves and be paid in full, unless
the assets are insufficient to meet them, in which case
they shall abate in equal proportions ; and
{b) so far as the assets of the company available for payment
of general creditors are insufficient to meet them, have
priority over the claims of holders of debentures under
any floating charge created by the company, and be paid
accordingly out of any property comprised in or subject
to that charge.
(iii) Subject to the retention of such sums as may be necessary
for the costs and expenses of the winding-up, the foregoing debts
shall be discharged forthwith so far as the assets are sufficient to
meet them.
(iv) In the event of distraint by a landlord or other person on
any goods or effects of the company within three months next
before the date of a winding-up order, the debts to which priority
is given by this section shall be a first charge on the goods or effects
so distrained on, or the proceeds of sale thereof.
(v) In respect of any money paid under any such charge the
landlord or other person shall have the same rights of priority as
the person to whom the payment is made.
(vi) The said date shall be
((/) in the case of a company ordered to be wound up compul-
sorily which had not previously commenced to be wound
up voluntarily, the date of the winding-up order ; and
(6) in any other case, the date of the commencement of the
winding-up.
233. (i) Any conveyance, mortgage, charge, delivery of goods,
payment, execution, or other act relating to property which would,
if made or done by or against an individual, be deemed in his
bankruptcy a fraudulent preference, shall, if made or done by or
COMPANIES. 241
against a company, be deemed, in the event of its being wound
up, a fraudulent preference of its creditors, and be invalid
accordingly.
(ii) For the purposes of this section the presentation of a petition
for Avinding-up in the case of a winding-up by or subject to the
supervision of the Court, and a resolution for winding-up in the
case of a voluntary winding-up, shall be deemed to correspond
"vvith the act of bankruptcy in the case of an individual.
(iii) Any conveyance or assignment by a company of all its
property to trustees for the benefit of all its creditors shall be void
to all intents.
234. Where any company is being wound up by or subject to Avoidance of
the supervision of the Court, any attachment, distress, or execution ^^rtaia
put in force against the estate or effects of the company after the executions, eto.
commencement of the winding-up shall be void to all intents.
235. Where a comj)any is being wound up, a floating charge on Effect of
the undertaking or property of the company created within three floating ciiarge.
months of the commencement of the winding-up shall, unless it is
proved that the company immediately after the creation of the
charge was solvent, be invalid, except to the amount of any cash
paid to the company at the time of or subsequently to the creation
of, and in consideration for, the charge, together with interest on
that amount at the rate of six per cent, per annum.
236. (i) The liquidator may
(a) in the case of a winding-up by the Court, with the sanction General scheme
either of the Court or of the committee of inspection ; or of)iq"iJation
■i^ ' may be
(6) in the case of a winding-up subject to supervision, with the sanctioned.
sanction of the Court ; or
(c) in the case of a voluntary winding-up, with the sanction of
an extraordinary resolution of the company
do the following things or any of them •
(1) pay any classes of creditors in full ;
(2) make any compromise or arrangement with creditors or
persons claiming to be creditors, or having or alleging
themselves to have any claim, present or future, certain
or contingent, ascertained or sounding only in damages
against the company, or whereby the company may be
rendered liable ;
(3) compromise all calls and liabilities to calls, debts and
liabilities capable of resulting in debts, and all claims,
present or future, certain or contingent, ascertained or
sounding only in damages, subsisting or supposed to
subsist between the company and a contributory, or
alleged contributory, or other debtor or person appre-
hending liability to the company, and all questions in
any way relating to or affecting the assets or the winding-up
of the company, on such terms as may be agreed, and
take any security for the discharge of any such call, debt,
liability, or claim, and give a complete discharge in respect
thereof.
Ill— 16
242
No. 20 OF 1917.
Power of Court
to assess
damages
against
delinquent
directors, etc.
Penalty for
falsification of
books.
Prosecution of
delinquent
directors, etc.
Penalty on
perjury.
(ii) In the case of a winding-up by the Court any creditor or
contributory maj'' apply to the Court, with respect to any exercise
or proposed exercise of any of the powers conferred by this section.
237. (i) Where in the course of wdnding up a company it appears
that any person who has taken part in the formation or promotion
of the company, or any past or present director, manager, or
liquidator, or any officer of the company, has misai^plied or retained
or become liable or accountable for any money or property of the
company, or been guilty of any misfeasance or breach of trust in
relation to the comj)any, the Court may, on the application of the
official receiver, or of the liquidator, or of any creditor or contri-
butory, examine into the conduct of the promoter, director, manager,
liquidator, or officer, and compel him to repay or restore the money
or property or any part thereof respectively vnth. interest at such
rate as the Court thinks just, or to contribute such sum to the assets
of the company by way of compensation in respect of the mis-
application, retainer, misfeasance, or breach of trust as the Court
thinks just.
(ii) This section shall apply notwithstanding that the offence is
one for which the offender may be criminally responsible.
(iii) Where in the case of a winding-up an order for payment of
money is made under this section, the order shall be deemed to be
a final decree within the meaning of paragraph (i) of sub-section
(i) of Section 4 of " The Bankruptcy Enactment, 1912."
238. Any director, officer, or contributory of any company being
wound up, who destroys, mutilates, alters, or falsifies any books,
papers, or securities, or makes or is privy to the making of any false
or fraudulent entry in any register, book of account, or document
belonging to the company with intent to defraud or deceive any
person shall be liable to imprisonment of either description for a
term which may extend to two years, and also to a fine not exceeding
two hundred and fifty dollars.
239. (i) If it appears to the Court in the course of a winding-up
by or subject to the supervision of the Court that any past or
present director, manager, officer, or member of the company has
been guilty of any offence in relation to the company for which he
is criminally responsible, the Court may, on the application of any
person interested in the winding-up or of its own motion, direct
the liquidator to prosecute for the offence, and may order the costs
and expenses to be paid out of the assets of the company.
(ii) If it appears to the liquidator in the course of a voluntary
winding-up that any past or present director, manager, officer, or
member of the company has been guilty of any offence in relation to
the company for which he is criminally responsible, the liquidator,
with the previous sanction of the Court, may prosecute the offender,
and all (expenses properly incurred by him in the prosecution shall
be payable out of the assets of the company in priority to all other
liabilities.
240. Any person who, on examination on oath authorized under
this Enactment, or in any affidavit or deposition in or about the
COMPANIES. 243
winding-up of any company or otherwise in or about any matter
arising under this Enactment, wilfully and corruptly gives false
evidence, shall be liable to imprisonment of either description for
a term which may extend to seven years, and shall also be liable
to fine.
241. (i) Where by this Enactment the Court is authorized, in Meetinfrto
relation to winding-up, to have regard to the wishes of creditors or ^v^sue*!;"'!
contributories, as proved to it by any sufficient evidence, the Court '''"^t'-P'^^.^^gg
may, if it thinlcs fit, for the purpose of ascertaining those \vishes,
direct meetings of the creditors or contributories to be called, held,
and conducted in such manner as the Court directs, and may
appoint a person to act as chairman of any such meeting and to
report the result thereof to the Court.
(ii) In the case of creditors regard shall be had to the value of
each creditor's debt.
(iii) In the case of contributories, regard shall be had to the
number of votes conferred on each contributory by the articles.
242. Where any company is being wound up, all books and Books of
papers of the company and of the liquidators shall, as between the evidence! *" ^^
contributories of the company, be prima facie evidence of the truth
of all matters purporting to be therein recorded.
243. After an order for a winding-up by or subject to the super- inspection of
vision of the Court, the Court may make such order for inspection ^°°^^-
by creditors and contributories of the company of its books and
papers as the Court thinks just, and any books and papers in
the possession of the company may be inspected by creditors or
contributories accordingly, but not further or otherwise.
244. (i) When a company has been wound up and is about to be Disposal of
dissolved, the books and papers of the company and of the liquidators Jjap^s^of '
may be disposed of as follows : company.
(a) in the case of a winding-up by or subject to the supervision
of the Court in such way as the Court directs ;
(b) in the case of a voluntary winding-up in such way as the
company by extraordinary resolution directs.
(ii) After five years from the dissolution of the company no
responsibility shall rest on the company, or the liquidators, or any
person to Avliom the custody of the books and paj)ers has been
committed, by reason of the same not being forthcoming to any
person claiming to be interested therein.
245. (i) Where a company has been dissolved, the Court may Power of court
at any time within two years of the date of the dissolution, on an cussoiuuonof
application being made for the purpose by the liquidator of the company void.
company or by any other person who appears to the Court to be
interested, make an order, upon such terms as the Court thinks fit,
declaring the dissolution to have been void, and thereupon such
proceedings may be taken as might have been taken if the company
had not been dissolved.
(ii) The person on whose application the order was made shall,
within seven days after the making of the order, file with the
244
No. 20 OF 1917.
Information
a? to pending
liquiJatioiis.
Swearing of
aOidavita.
Registrar all office copy of the order, and in default he shall be liable
to a fine not exceeding fifty dollars for every day during Avhieh the
default continues.
246. (i) Where a company is being wound up, if the winding-up
is not concluded within one year after its commencement, the
liquidator shall, at such intervals as may be prescribed, until the
winding-up is concluded, send to the Registrar a statement in
the prescribed form and containing the j)rescribed particulars with
respect to the proceedings in and position of the liquidation.
(ii) Any person stating himself in writing to be a creditor or
contributory of the company shall be entitled, by himself or by his
agent, at all reasonable times, on payment of the prescribed fee, to
insj)ect the statement, and to receive a copy thereof or extract
therefrom.
(iii) Any person who untruthfully so states himself to be a
creditor or contributory shall be guilty of a contempt of Court, and
shall be punishable accordingly on the application of the liquidator
or of the ofiicial receiver.
(iv) Any liquidator who fails to comply with the requnements of
this section shall be liable to a fine not exceeding five hundred
dollars for each day during which the default continues.
(v) If it appears from any such statement or otherA\ise that a
liquidator has in his hands or under his control any money repre-
senting unclaimed or undistributed assets of the company which
have remained unclaimed or undistributed for six months after the
date of their receipt, he shall forth^^•ith pay the same to the
Companies Liquidation Account, and shall be entitled to a receipt
for the money so paid, and that receipt shall be an effectual discharge
to him in respect thereof.
(vi) For the purpose of ascertainmg and getting in any money
payable to the Companies Liquidation Account in pursuance of
this section, the like powers may be exercised, and by the like
authority, as are exercisable under Section 128 of " The Banl^ruptcy
Enactment, 1912," for the purpose of ascertaining and getting in
the sums, funds, and dividends referred to in that section.
(vii) Any person claiming to be entitled to any money paid to
the Companies Liquidation Account in pursuance of this section
may apply to the ofiicial receiver for paj^ment of the same, and the
official receiver may, on a certificate by the liquidator that the
person claiming is entitled, make an order for the payment to that
person of the sum due.
(viii) Any person dissatisfied with the decision of the official
receiver in respect of any claim made in pursuance of this section
may appeal to the Court.
(ix) This section shall apply whether the winding-up of the
company has commenced before or after the commencement of this
Enactment.
247. Any affidavit required to be sworn under the ])ro visions or
for the j)ur poses of this Fart may be sworn in the Federated Malay
States or in an}^ place within the dominions of His Britaimic Majesty,
COMPANIES. 245
before any Court, Judge, or person la« fully authorized to take and
receive affidavits axul in any other place before any of His said
Majesty's Consuls or Vice-Consuls.
248. (i) An account, called the Coini)anies Liquidation Account, companies
shall be kept by the official receiver with the Treasury, and all Acoounb'""
moneys received by the official receiver in respect of proceedings defined,
under this Enactment in comiection with the winding-up of
companies shall be paid to that account.
(ii) All payments out of moneys standing to the credit of the
official receiver in the Companies Liquidation Account shall be made
by the Treasurer, Federated Malay States, in the prescribed manner.
249. (i) An account shall be kept by the official receiver of the separate
receijjts and payments in the winding-up of each company, and, of'j°Jrt,Y^uiur
when the cash balance standing to the credit of the account of any estates.
company is in excess of the amount which, in the opinion of the
committee of inspection, is required for the time bemg to answer
demands in respect of that company's estate, the official receiver
shall, on the request of the committee, invest the amount not so
required in securities of one of the classes enumerated in sub-section
(ii) of Section 109, to be placed to the credit of the said account for
the benefit of the company.
(ii) When any part of the money so invested is, in the opinion of
the committee of inspection, required to answer any demands in
respect of the estate of the company, the official receiver shall, on
the request of the committee, raise such sum as may be required by
the sale of such part of the said securities as may be necessary.
(iii) The dividends on investments under this section shall be
paid to the credit of the company.
250. (i) In the case of a company which has been dissolved, payment to
every person, who at the commencement of this Enactment or ofi',,',^|l^f'"j*^^^
subsequently has in his hands or under his control any money assets of
representing unclaimed or undistributed assets of such company, conipanj.
shall, mthin one month from the commencement of this Enactment
or from the date on which such money has come into his hands or
under his control, send to the official receiver a statement of the
particulars of such mone}^ and such further information as the
official receiver may reasonably require, and shall pay over such
money to the official receiver who sha.ll give him a receipt therefor
\\hich shall be an effectual discharge in respect thereof, and the
official receiver shall pay such money to the Comj)anies Liquidation
Account.
(ii) Such money shall include all sums deposited by the liquidator
in Court or in any bank or elsewhere, whether in the name or names
of any officer of the Court or of the liquidator or of creditors or
contributories or of trustees for the benefit of creditors or con-
tributories and \\'hethcr any cheques, dividend Avarrants, or other
instruments are outstanding against such money or not.
251. (i) The Chief Secretary may appoint such additional officers oui.ors au.i
as may be required for the execution of this Part, and may remove '"•""»"*"'":»tioM.
any person so apj)ointed.
246
No. 20 OF 1917.
Accounts of
official receiver
to be audited.
Rules and fees
for winding-up.
(ii) The Chief Secretary shall direct whether any and what
remuneration is to be allowed to any officer or person performing any
duties under this Part in relation to the winding-up of companies,
and may vary, increase, or diminish that remuneration as he
thinks fit.
252. The accounts of the official receiver under this Enactment
in relation to the winding-up of companies shall be audited in
such manner as the Chief Secretary directs, and the official receiver
shall make such returns and give such information as the Chief
Secretary directs.
Rules and Fees.
253. (i) The Chief Judicial Commissioner, with the approval of
the Federal Council, may make general rules for carrying into effect
the objects of this Enactment so far as relates to the winding-up
of companies, and also rules of procedure for the purposes of this
Enactment including rules as to costs and fees.
(ii) A copy of all rules made under this section, certified under
the hand of the Chief Judicial Commissioner, shall be transmitted
by the Chief Judicial Commissioner to the Chief Secretary to be
laid before the Federal Council.
(iii) No rule made under this section shall come into operation
until it has been approved by a resolution of the Federal Council.
(iv) In approving any such rule the Federal Council may make
such alterations therein as it may think fit.
(v) Any rule made and approved as provided in this section shall
have the same force and effect as if enacted by this Enactment.
Registrar may
strike defunct
company off
register.
Removal oe Defunct Companies from Register.
254. (i) Where the Registrar has reasonable cause to believe
that a company is not carr3dng on business or in operation, he
shall send to the company by post a letter enquiring whether the
company is carrying on business or in operation.
(ii) If the Registrar does not within one month of sending the
letter receive any answer thereto, he shall within fourteen days
after the expiration of the month send to the company by post a
registered letter referring to the first letter, and stating that no
answer thereto has been received, and that if an answer is not
received to the second letter within one month from the date
thereof, a notice will be published in the Gazette with a view to
striking the name of the company off the register.
(iii) If the Registrar either receives an answer from the company
to the effect that it is not carrying on business or in operation, or
does not within one month after sending the second letter receive
any answer, he may publish in the Gazette, and send to the company
by post, a notice that at the expiration of three months from the
date of that notice the name of the company mentioned therein
will, unless cause is shewn to the contrary, be struck off the register
and the company will be dissolved.
COMPANIES. * 247
(iv) If, in any case where a company is being wound uj), the
Registrar has reasonable cause to believe either that no liquidator
is acting, or that the affairs of the company are fully wound up,
and the returns required to be made by the liquidator have not
been made for a period of six consecutive months after notice by
the Registrar demanding the returns has been sent by post to the
company, or to the liquidator at his last-known place of business,
the Registrar may publish in the Gazette and send to the company
a lilvo notice as is provided in sub-section (iii).
(v) At the expiration of the time mentioned in the notice the
Registrar may, unless cause to the contrary is previously shewn
by the company, strike its name off the register, and shall publish
notice thereof in the Gazette, and on the publication in the Gazette
of this notice the company shall be dissolved.
(vi) The liability, if any, of every director, managing officer,
and member of the company shall continue and may be enforced
as if the company had not been dissolved.
(vii) If a company or any member or creditor thereof feels
aggrieved by the company having been struck off the register, the
Court on the application of the company or member or creditor
may, if satisfied that the company was at the time of the striking
off carrying on business or in operation, or otherwise that it is just
that the company be restored to the register, order the name of
the company to be restored to the register, and thereupon the
company shall be deemed to have continued in existence as if its
name had not been struck off.
(viii) The Court may by such order give such directions and
make such provisions as seem just for placing the company and
all other persons in the same position as nearly as may be as if the
name of the company had not been struck off.
(ix) A letter or notice under this section may be addressed to the
company at its registered office, or, if no office has been registered,
to the care of some director or officer of the company, or, if there is
no director or officer of the company whose name and address are
known to the Registrar, may be sent to each of the persons who
subscribed the memorandum, addressed to him at the address
mentioned in the memorandum.
PART V.
REGISTRATION OFFICE AND FEES.
255. (i) For the purposes of the registration of companies under Registration
this Enactment, there shall be an office or offices in the Federated *'®''^-
Malay States at such place or places as the Chief Secretary may
think fit.
(ii) The Chief Secretary may appoint such Registrars, Assistant
Registrars, clerks ^ and servants as he may think necessary for the
registration of companies under this Enactment, and may make
regulations with respect to their duties ; and may remove any
persons so appointed.
248
No. 20 OF 1917.
Documents to
be in English.
Fees
(iii) The salaries of the persons appointed under this section
shall be fixed by the Chief Secretary.
(iv) The Chief Secretary may direct a seal or seals to be prepared
for the authentication of documents required for or connected with
the registration of companies.
(v) Any person may inspect the documents kept by the Registrar
on payment of such fees as may be appointed by the Chief Secretary,
not exceeding fifty cents for each inspection.
(vi) Any person may require a certificate of the incorporation of
any company, or a copy or extract of any other document or any
part of any other document, to be certified by the Registrar, on
payment for the certificate, certified copy, or extract, of such fees as
the Chief Secretary may appoint, not exceeding three dollars for a
certificate of incorporation, and not exceeding twenty-five cents
for each folio of a certified copy or extract.
(vii) A copy of or extract from any document kept and registered
at any office for the registration of companies, certified to be a true
cojjy under the hand of the Registrar or an Assistant Registrar, shall
in all legal jjroceedings be admissible in evidence as of equal validity
with the original document.
256. Every document which is by the provisions of this Enact-
ment required to be registered or recorded by or filed with the
Registrar and every document whereof a copy is by the provisions
of this Enactment required to be forwarded or sent to the Registrar
and every notice served upon the Registrar under the provisions of
this Enactment shall be expressed in the English language.
257. (i) There shall be paid to the Registrar in respect of the
several matters mentioned in Table B in Schedule B the several fees
therein specified, or such smaller fees as the Chief Secretary may
direct.
(ii) All fees paid to the Registrar in pursuance of this Enactment
shall be paid into the Treasur3^
Application of
Enactnirnt to
companies
formed under
former
Enactment.
PART VI.
APPLICATION OF ENACTMENT TO COMPANIES FORMED
AND REGISTERED UNDER THE COMPANIES
ENACTMENTS, 1897.
258. (i) In the application of this Enactment to existing
companies it shall apply in the same manner
(a) in the case of a limited company, other than a company
limited by guarantee, as if the company had been formed
and registered under this Enactment as a comj)any
limited by shares ;
{h) in the case of a company limited by guarantee, as if the
company had been formed and registered under this
Enactment as a company limited by guarantee ;
{(■) in the case of a companj^ other than a limited company, as
if the company had been formed and registered under
this Enactment as an unlimited comjiany.
COMPANIES. 249
(ii) Any reference, express or implied, to the date of registration
shall be construed as a reference to the date at which the company
was registered under the " Companies Enactment, 1897," of any of
the Federated Malay States.
259. (i) This Enactment shall apply to every company registered Application
but not formed under the " Companies Enactment, 1897," of any of to compiHJfes
the Federated Malay States, in the same manner as it is hereinafter u'^^^ier'^^o^er
in this Enactment declared to apply to companies registered but not Enactment.
formed under this Enactment.
• (ii) Any reference, express or implied, to the date of registration
shall be construed as a reference to the date at which the company
Avas registered under the " Companies Enactment, 1897," of any of
the Federated Malay States.
260. A company registered under the "Companies Enactment, Mode of
1897," of any of the Federated Malay States, may cause its shares to sJfarls!™'"
be transferred in manner hitherto in use, or in such other manner as
the company may direct.
PART VII.
COMPANIES AUTHORIZED TO REGISTER UNDER
THIS ENACTMENT.
261. (i) With the exceptions and subject to the provisions companies
mentioned and contained in this section, of beins
{a) any company consisting of seven or more members, which
was in existence on the thirteenth day of September,
1897 ; and
{b) any company formed after the date aforesaid in pursuance
of any Enactment other than this Enactment or of any
Act of Parliament, or of letters patent, or being otherwise
duly constituted according to law, and consisting of seven
or more members,
may at any time register under this Enactment as an unlimited
company, or as a company limited by shares, or as a company limited
by guarantee ; and the registration shall not be invalid by reason
that it has taken place with a view to the company being wound up.
(ii) A company having the liability of its members limited by Act
of Parliament or letters patent, and not being a joint stock company
as hereinafter defined, shall not register in pursuance of this section.
(iii) A company having the Hability of its members limited by Act
of Parliament or letters patent shall not register in pursuance of this
section as an unlimited company or as a company limited by
guarantee.
(iv) A company that is not a joint stock company as hereinafter
defined shall not register in pursuance of this section as a company
limited by shares.
(v) A company shall not register in pursuance of this section
without the assent of a majority of such of its members as are
present in person or by proxy, in cases where proxies are allowed by
registered.
250
No. 20 OF 1917.
Definition of
joint stock
company.
the regulations of the company, at a general meeting summoned for
the purpose of considering whether the company shall be registered.
(vi) Where a company not having the liability of its members
limited by Act of Parliament or letters patent is about to register as
a limited company, the majority required to assent as aforesaid shall
consist of not less than three-fourths of the members present in
person or by proxy at the meeting.
(vii) Where a company is about to register as a company limited
by guarantee, the assent to its being so registered shall be accom-
panied by a resolution declaring that each mernber undertakes to
contribute to the assets of the company, in the event of its being
wound up while he is a member, or within one year afterwards, for
payment of the debts and liabilities of the company contracted before
he ceased to be a member, and of the costs and expenses of winding
up, and for the adjustment of the rights of the contributories
among themselves, such amount as may be required, not exceeding
a specified amount.
(viii) In computing any majority under this section when a poll is
demanded regard shall be had to the number of votes to which each
member is entitled according to the regulations of the company.
(ix) A company registered under the " Companies Enactment,
1897," of any of the Federated Malay States, shall not be registered
in pursuance of this section.
263. (i) For the purposes of this Part, as far as relates to
registration of companies as companies limited by shares, a joint
stock company means a company having a permanent paid-up or
nominal share capital of fixed amount divided into shares, also of
fixed amount, or held and transferable as stock, or divided and held
partly in one way and partly in the other, and formed on the
principle of having for its members the holders of those shares or
that stock, and no other persons,
(ii) Such a company when registered with limited liability under
this Enactment shall be deemed to be a company limited by shares.
Requurements 263. Before the registration in pursuance of this Part of a joint
by jouit stock stock Company, there shall be delivered to the Registrar the following
companies. doCUmcnts :
(a) a list shewing the names, addresses, and occupations of all
persons who, on a day named in the list not being more
than six clear days before the day of registration, were
members of the company, with the addition of the shares
or stock held by them respectively, distinguishing, in
cases where the shares are numbered, each share by its
number ; and
(?>) a copy of any Enactment, Act of Parliament, Royal Charter,
letters patent, deed of settlement, contract of co-partnery,
or other instrument constituting or regulating the
company ; and
(c) if the company is intended to be registered as a limited
company, a statement specifying the folloA\ing particulars
— that is to say :
COMPANIES.
251
joint stock
companies.
(i) the nominal share capital of the company, and
the number of shares into v/hich it is divided or
the amount of stock of which it consists ; and
(ii) the number of shares taken and the amount paid
on each share ; and
(iii) the name of the company with the addition of the
word " limited " as the last word thereof ; and
(iv) in the case of a company intended to be registered
as a company limited by guarantee, the resolution
declaring the amount of the guarantee.
264. Before the registration in pursuance of this Part of any uequiipmonts
company, not being a joint stock company, there shall be delivered b°y othef than"
to the Registrar
(a) a list shewing the names, addresses, and occupations of the
directors or other managers, if any, of the company ; and
{b) a copy of any Enactment, Act of Parliament, letters patent,
deed of settlement, contract of co-partnery, or other
instrument constituting or regulating the comj)any ; and
(c) in the case of a company intended to be registered as a
company limited by guarantee, a copy of the resolution
declaring the amount of the guarantee.
265. The list of members and directors and any other particulars Autiientication
relating to the company required to be dehvered to the Registrar existhv™^"** °^
shall be verified by a statutory declaration of any two or more companies.
directors or other principal officers of the company.
266. The Registrar may require such evidence as he thinks Ke^istiar may
necessary for the purpose of satisfying himself whether any company evidence as to
proposing to be registered is or is not a joint stock company as nature of
X «/ compEiny.
hereinbefore defined.
267. No fees shall be charged in respect of the registration in Exemption
pursuance of this Part of a company if it is not registered as a limited confptnies from
company, or if before its registration as a limited company the payment of fees.
liability of the shareholders was limited by some Enactment or some
Act of Parliament or by letters patent.
268. When a company registers in pursuance of this Part with Addition of
limited liability, the word " limited " shall form and be registered name!^*^'^ *°
as part of its name.
269. On compliance with the requirements of this Part with certificate of
respect to registration, and on payment of such fees, if any, as are existing '°"°
payable under Table B in Schedule B, the Registrar shall certify companies.
under his hand that the company applying for registration is
incorporated as a company under this Enactment, and in the case of
a limited company that it is limited, and thereupon the company
shall be incorporated, and shall have perpetual succession and a
common seal.
270. All property immovable and movable, including things in vesting of
action, belonging to or vested in a company at the date of its re?£tration.
registration in pursuance of this Part, shall on registration pass to
252
No. 20 OF 1917.
Savin? for
existintr
liabilities.
Continuation
of existing
actions.
Effect of
registration
under I'art VII.
Provisions of
Enactment
applicable to
company
registered
under Part VII.
and vest in the company as incorporated under this Enactment for
all the estate and interest of the company therein.
271. Registration of a company in ])ursuance of this Part shall
not affect the rights or liabilities of the company in respect of any
debt or obligation incurred, or any contract entered into, by, to,
with, or on behalf of, the company before registration.
272. (i) All actions and other legal proceedings which at the time
of the registration of a company in pursuance of this Part are
pending by or against the company, or any officer or member thereof,
may be continued in the same manner as if the registration had not
taken place.
(ii) Execution shall not issue against the effects of any individual
member of the company on any judgment, decree, or order obtained
in any such action or proceeding.
(iii) In the event of the property and effects of the company being
insufificient to satisfy the judgment, decree, or order, an order may be
obtained for winding up the company.
273. When a company is registered in pursuance of this Part, all
provisions contained in any Enactment, Act of Parliament, deed of
settlement, contract of co-partnery, letters patent, or other instru-
ment constituting or regulating the company, including, in the case
of a company registered as a company limited by guarantee, the
resolution declaring the amount of the guarantee, shall be deemed
to be conditions and regulations of the company, in the same manner
and with the same incidents as if so much thereof as would, if the
company had been formed under this Enactment, have been
required to be inserted in the memorandum, were contained in a
registered memorandum, and the residue thereof were contained in
registered articles.
274. When a companj^ is registered in pursuance of this^Part, all
the provisions of this Enactment shall apply to the company, and the
members, contributories, and creditors thereof, in the same manner in
all respects as if it had been formed under this Enactment, subject as
follows :
(a) the regulations in Table A in Schedule B shall not apply
unless adopted by special resolution ;
(b) the provisions of this Enactment relating to the numbering
of shares shall not apply to any joint stock company
whose shares are not numbered ;
(c) subject to the provisions of Section 276, the company
shall not have power to alter any provision contained
in any Enactment or Act of Parliament relating to the
company ;
(d) Subject to the provisions of. Section 270, the company shall
not have power, without the sanction of the Chief Secretary,
to alter any provision contained in any letters patent
relating to the company ;
(() the company shall not have power to alter any provision
contained in a Royal Charter or letters patent with
respect to the objects of the company.
COMPANIES. 253
275. (i) In the event of a company registered under this Part Effert of
being wound up, every person shall be a contributory, in respect of ^^'j">^i"~""p
under Part VII.
I'ompaiiy
the debts and liabilities of the company contracted before [j^^;|g^®[4jt
registration, who is liable
(a) to pay or contribute to the payment of any debt or liability
of the company contracted before registration ; or
(/>) to pay or contribute to the payment of any sum for the
adjustment of the rights of the members among themselves
in respect of any such debt or liability ; or
(c) to pay or contribute to the payment of the costs and expenses
of winding up the company, so far as relates to such debts
or liabiUties as aforesaid.
(ii) Every contributory shall be liable to contribute to the assets
of the company, in the course of the winding-up, all sums due from
hiTU in respect of any such liability as aforesaid.
(iii) In the event of the death, bankruptcy, or insolvency, of any
contributory, the provisions of this Enactment with respect to the
personal representatives of deceased contributories and to the
assignees of bankrupt or insolvent contributories respectively, shall
apply.
276. The provisions of this Enactment with respect to Provisions of
Enactment
((f) the registration of an unlimited company as limited ; and applicable to
\ ' o sr ^ company
■p p (-J- i C -j- p T* p rl
(/') the powers of an unlimited company on registration as a under
limited company to increase the nominal amount of its ^ot^fthstand-
share capital and to provide that a portion of its share in? constitution
capital shall not be capable of being called up except in ° ^°'"i'^"^-
the event of winding-up ; and
(r) the power of a limited company to determine that a portion
of its share capital shall not be capable of being called
up except in the event of winding-up ;
shall apply notwithstanding any provisions contained in any
Enactment, Act of Parliament, Royal Charter, deed of settlement,
contract of co-partnery, letters patent, or other instrument
constituting or regulating the company.
277. Nothing in this Part shall authorize the company to alter certain
any such provisions contained in any deed of settlement, contract conltuuiioirof
of co-partnerv, letters patent, or other instrument constituting or company not to
1 • 1 1 1 •!■ 1 IT • • n be altered by
regulatmg the company, as would, it the company had origmally company.
been formed imcler this Enactment, have been required to be
contained in the memorandum and are not authorized to be altered
by this Enactment.
278. Nothing in this Enactment shall derogate from any power Power to alter
of altering its constitution or regulations which may by virtue of yostedhi"'"
any Enactment, Act of Parliament, deed of settlement, contract ;:°';;^X,"ea.
of co-partnery, letters patent, or other instrument constituting or
regulating the company be vested in the company.
254
No. 20 OF 1917.
Powers to
substitute
memorandum
and articles for
deed of
settlement.
Power of Court
to stay or
restrain
jiroceedings.
Action stayed
on winding-up
order.
279. (i) Subject to the provisions of this section, a company
registered in pursuance of this Part may by special resolution alter
the form of its constitution by substituting a memorandum and
articles for a deed of settlement.
(ii) The provisions of this Enactment with respect to confirmation
by the Court and registration of an alteration of the objects of a
company shall so far as applicable apply to an alteration under this
section with the following modifications :
(a) there shall be substituted for the printed copy of the altered
memorandum required to be delivered to the Registrar
a printed copy of the substituted memorandum and
articles ; and
(6) on the registration of the alteration being certified by the
Registrar the substituted memorandum and articles shall
apply to the company in the same manner as if it were a
comjDany registered under this Enactment with such
memorandum and articles, and the company's deed of
settlement shall cease to apply to the company.
(iii) An alteration under this section may be made either with
or without any alteration of the objects of the company under this
Enactment.
(iv) In this section the expression " deed of settlement " includes
any contract of co-partnery or other instrument constituting or
regulating the company, not being an Enactment, an Act of Parlia-
ment, a Royal Charter, or letters patent.
280. The provisions of this Enactment with respect to staying
and restraining actions and proceedings against a company at any
time after the presentation of a petition for winding-up and before
the making of a winding-up order shall, in the case of a company
registered in pursuance of this Part where the application to stay
or restrain is by a creditor, extend to actions and proceedings against
any contributory of the company.
281. Where an order has been made for winding-uj) a company
registered in pursuance of this Part no action or proceeding shall
be commenced or proceeded with against the company or any
contributory of the company in respect of any debt of the company,
except by leave of the Court, and subject to such terms as the
Court may impose.
Meaning of
unregistered
company.
PART VIII.
WINDING-UP OF UNREGISTERED COMPANIES.
282. For the purposes of this Part the expression " unregistered
company ' ' shall not include a company registered under the
" Companies Enactment, 1897," of any of the Federated Malay
States, or under this Enactment, but, save as aforesaid, shall include
any partnership, association, or company consisting of more than
seven members.
of unregistered
companies.
COMPANIES. 255
283. (i) Subject to the provisions of this Part, any unregistered winding-up
company may be wound up under this Enactment, and all the
provisions of this Enactment with respect to winding-up shall
aj)ply to an unregistered company, with the following exceptions
and additions :
(a) the princijial place of business in the Federated Malay
States of an unregistered comjjany shall, for all the
purposes of the winding-up, be deemed to be the registered
office of the company ;
{b) no unregistered company shall be wound up under this
Enactment voluntarily or subject to supervision ;
(c) the circumstances in which an um'egistered company may
be wound up are as follows — that is to say :
(1) if the company is dissolved, or has ceased to carry
on business, or is carrying on business only for the
purpose of winding up its a£fairs ; or
(2) if the company is unable to pay its debts ; or
(3) if the Court is of opinion that it is just and equitable
that the company should be wound up ;
(d) an unregistered company shall, for the jourposes of this
Enactment, be deemed to be unable to pay its debts
(1) if a creditor, by assignment or otherwise, to whom
the company is indebted in a sum exceeding five
hundred dollars then due, has served on the com-
pany, by leaving at its prmcipal place of business,
or by delivering to the secretary or some director,
manager, or principal officer of the company, or by
otherwise serving in such manner as the Court may
approve or direct, a demand under his hand requiring
the company to pay the sum so due, and the company
has for three weeks after the service of the demand
neglected to pay the sum, or to secure or compound
for it to the satisfaction of the creditor ; or
(2) if any action or other proceeding has been institvited
against any member for any debt or demand due,
or claimed to be due, from the company, or from
him in his character of member, and notice in
A\Titing of the institution of the action or proceeding
having been served on the company by leaving the
same at its principal place of busmess, or by deliver-
ing it to the secretary or some director, manager,
or principal officer of the company, or by otherwise
serving the same in such manner as the Court may
approve or direct, the company has not within ten
days after service of the notice paid, secured, or
compounded for the debt or demand, or procured
the action or proceeding to be stayed, or indemnified
the defendant to his reasonable satisfaction against
the action or proceeding, and against all costs,
256
No. 20 OF 1917.
Coutributories
in winrling-up
of unregistered
companies.
damages, and expenses to be incurred by him by
reason of the same ; or
(3) if execution or other process issued on a judgment
decree or order obtained in any Court in favour of
a creditor against the company, or any member
thereof as such, or any person authorized to be sued
as nominal defendant on behalf of the company, is
returned unsatisfied ; or
(4) if it is otherwise proved to the satisfaction of the
Court that the company is unable to pay its debts.
(ii) Nothing in this Part shall affect the operation of any Enact-
ment which provides for any partnership, association, or company,
being wound up, or being wound up as a company or as an unregis-
tered company, under any Enactment repealed by this Enactment,
except that references in any such first-named Enactment to any
such repealed Enactment shall be read as references to the
corresponding provisions, if any, of this Enactment.
284. (i) In the event of an unregistered company being wound
up every person shall be deemed to be a contributory who is liable
to pay or contribute to the payment of
(a) any debt or liability of the company ; or
(h) any sum for the adjustment of the rights of the members
among themselves ; or
(c) the costs and expenses of winding up the company.
(ii) Every contributory shall be liable to contribute to the assets
of the company all sums due from him in respect of any such liability
as aforesaid.
(iii) In the event of the death, bankrujotcy, or insolvency of any
contributory, the provisions of this Enactment with respect to. the
personal representatives of deceased coutributories and to the
assignees of bankrupt or insolvent contributories, respectively shall
apply.
285. The provisions of this Enactment with respect to staying
and restraining actions and proceedings against a company at any
time after the presentation of a petition for winding-up and before
the making of a winding-up order shall, in the case of an unregistered
company, where the application to stay or restrain is by a creditor,
extend to actions and proceedings against any contributory of the
company.
286. Where an order has been made for winding-up an unregis-
tered company, no action or proceeding shall be proceeded with or
commenced against any contributory of the company in respect of
any debt of the company, except by leave of the Court, and subject
to such terms as the Court may impose.
Direction as to 287. (i) If au Unregistered company has no power to sue and be
certrincaTes. sued in a commou name, or if for any reason it aj^pears exj^edient,
the Court may by the winding-up order, or by any subsequent order.
Power of
Court to stay
or restrain
proceedings.
Actions stayed
on \vindin!,'-uii.
COMPANIES.
257
direct that all or any part of the property, immovable or movable,
including things in action, belonging to the company, or to trustees
on its behalf, shall vest in the liquidator by his official name, and
thereupon the property or the part thereof specified in the order
shall vest accordingly.
(ii) The liquidator may, after giving such indemnity, if any, as
the Court may direct, bring or defend in his official name any action
or other legal proceeding relating to that property, or necessary to
be brought or defended for the purposes of effectually Avinding up
the company and recovering its property.
288. (i) The provisions of this Part w^th. respect to unregistered Provisions of
companies shall be in addition to and not in restriction of any cumulative.
provisions herembefore in this Enactment contained with respect
to winding up companies by the Court.
(ii) The Court or liquidator may exercise any powers or do any
act in the case of unregistered companies which might be exercised
or done by it or him in winding up companies formed and registered
under this Enactment.
(iii) An unregistered company shall not, except in the event of its
being wound up, be deemed to be a company under this Enactment,
and then only to the extent provided by this Part.
PART IX.
SUPPLEMENTAL.
Legal Peoceedings, Offences, etc.
289. All offences under this Enactment made punishable by any prosecution
fine may be jDrosecuted in the Court of a Magistrate of the First ^f offences.
Class, and such Court may, notwithstanding anything in any other
Enactment contained, award the full punishment with which such
offences are punishable.
290. The Court imposing any fine under this Enactment may Application of
direct that the whole or any part thereof be applied in or towards ^'^^^'
payment of the costs of the proceedings, or in or towards the
rewarding the person on whose urformation or at whose suit the
fine is recovered, and subject to any such direction all fines under
this Enactment shall be paid into the Treasury.
291. Where a limited company is plaintiff in any action or other Costs in action
legal proceeding, any Court having jurisdiction in the matter may, Hmited'^'"
if it appears by credible evidence that there is reason to believe companies.
that the company will be unable to pay the costs of the defendant
if successful in his defence, require sufficient security to be given for
those costs, and may stay all proceedings until the security is given.
292. If in any proceeding against a director, or person occup3ing Power of court
the position of director, of a company for negligence or breach of i^ fertain cSes.
trust it appears to the Court hearing the case that the director or
person is or may be liable in respect of the negligence or breach
of trust, but has acted honestly and reasonably, and ought fairly
to be excused for the negligence or breach of trust, that Court may
m— 17
258
No. 20 OF 1917.
Penalty for
false statement.
Penalty for
Improper use of
word
" Limited."
Eegistrar
empowered to
fine for default
in filing
documents.
relieve him, either wholly or partly, from his liability on such
terms as the Court may think proper.
293. Any person who, in any return, report, certificate, balance
sheet, or other document required by or for the purposes of any of
the provisions of this Enactment, wilfully makes a statement false
in any material particular, knowing it to be false, shall be liable to
imprisonment of either description for a term which may extend
to two years.
294. Any person or persons, who trade or carry on busmess under
any name or title of which " Limited " is the last word, shall, unless
duly incorporated with limited liability, be liable to a fine not
exceeding fifty dollars for every day upon which that name or title
has been used.
295. (i) Notwithstanding the provisions of this Enactment
relating to the recovery of fines, the Registrar is hereby authorized
in cases of default in the filing of documents, instead of having
recourse to the Court of a Magistrate, to impose a fine not exceeding
twenty-five dollars and to order the same to be paid into the
Treasury forthwith.
(ii) If default is made in paying the fine imposed, the Registrar
shall proceed against the offender in the Court of a Magistrate for
the offence committed.
■ Saving of
pending
proceedings for
winding-up.
Saving of
instruments.
Former
registration
office, registers,
etc., continued.
Transitional Provisions.
296. (i) The provisions of this Enactment with respect to winding-
up shall not, except where they are expressed to have a more
extended meaning, apply to any company of which the winding-up
has commenced before the commencement of this Enactment.
(ii) Every such company shall be wound up in the same manner
and with the same incidents as if this Enactment had not been
passed, and, for the purposes of the winding-up, the Enactment
under which the winding-up commenced shall be deemed to remain
in full force.
297. Every conveyance, mortgage, charge, or other instrument,
made before the commencement of this Enactment in pursuance of
any Enactment hereby repealed, shall be of the same force as if this
Enactment had not been passed, and, for the purposes of that
instrument, the repealed Enactment shall be deemed to remain in
full force.
298. (i) Any office existing at the commencement of this
Enactment for registration of companies shall be continued as if it
had been established under this Enactment.
(ii) Registers of companies kept in any such existing office shall
respectively be deemed part of the register or registers of companies
to be kejDt under this Enactment.
(iii) The existing Registrar and other officers in any such office
shall, during the pleasure of the Chief Secretary, hold the offices
hitherto held by them, but subject to any regulations of the Chief
Secretary with regard to the execution of their duties.
COMPANIES.
259
SCHEDULES.
Schedule A.
ENACTMENTS REPEALED.
STATE ENACTMENTS.
State.
No. and
Short title.
Extent of
year.
repeal.
Perak
13 of 1897
The Companies Enactment,
1897
The whole
Selangor . .
9 of 1897
Do.
N. Sembilan
11 of 1897
Do.
Pahang
19 of 1897
Do.
5)
Perak
4 of 1903
The Companies Enactment,
1897, Amendment Enact-
ment, 1903
J'
Selangor . .
2 of 1903
Do.
55
N. Sembilan
8 of 1903
Do.
55
Pahang
3 of 1903
Do.
55
FEDERAL ENACTMENTS.
No. and
year.
Short title.
Extent of
repeal.
9 of 1912
28 of 1914
The British and Foreign Companies
Enactment, 1912
The Companies Enactments, 1897,
Amendment Enactment, 1914
Section 5
The whole
Schedule B.
TABLE A.
(Sections 3, 13, 14, 67, 274.)
REGULATIONS FOR MANAGEMENT OF A COMPANY
LIMITED BY SHARES.
Preliminary.
1. In these regulations, unless there is something repugnant in
the subject or the context, expressions defined in " The Companies
Enactment, 1917," or any statutory modification thereof in force
at the date at which these regulations become binding on the
company, shaU have the meanings so defined ; and words importing
the singular shall include the plural, and vice versa, and words
importing the masculine gender shall include females, and words
importing persons shall include bodies corporate.
260 No. 20 OF 1917.
Business.
2. The directors shall have regard to the restrictions on the
commencement of business imposed by Section 87 of " The Com-
panies Enactment, 1917," if, and so far as, those restrictions are
binding upon the company.
Shares.
3. Subject to the provisions, if any, in that behalf of the
memorandum of association of the company, and without prejudice
to any special rights previously conferred on the holders of existing
shares in the company, any share in the company may be issued
with such preferred, deferred, or other special rights, or such restric-
tions, whether in regard to dividend, voting, return of share capital,
or otherwise, as the company may from time to time by special
resolution determine.
4. If at any time the share capital is divided into different classes
of shares, the rights attached to any class (unless otherwise provided
by the terms of issue of the shares of that class) may be varied with
the consent in writing of the holders of three-fourths of the issued
shares of that class, or with the sanction of an extraordinary
resolution passed at a separate general meeting of the holders of
the shares of the class. To every such separate general meeting the
provisions of these regulations relating to general meetings shall
mutatis mutandis apply, but so that the necessary quorum shall be
two persons at least holding or representing by proxy one-third of
the issued shares of the class.
5. No shares shall be offered to the public for subscription except
upon the terms that the amount payable on application shall be at
least five per cent, of the nominal amount of the share ; and the
directors shall, as regards any allotment of shares, duly comply
with the provisions of Sections 85 and 88 of " The Companies
Enactment, 1917."
6. Every person whose name is entered as a member in the register
of members shall, without payment, be entitled to a certificate under
the common seal of the company specifying the share or shares held
by him and the amount paid up thereon, provided that in respect
of a share or shares held jointly by several persons the company
shall not be bound to issue more than one certificate, and delivery
of a certificate for a share to one of several joint holders shall be
sufficient delivery to all.
7. If a share certificate is defaced, lost, or destroyed, it may be
renewed on payment of such fee, if any, not exceeding one dollar,
and on such terms, if any, as to evidence and indemnity as the
directors think fit.
8. No part of the funds of the company shall be employed in the
purchase of, or in loans upon the security of, the company's shares.
Lien.
9. The company shall have a lien on every share (not being a
fully-paid share) for all moneys (whether presently payable or not)
COMPANIES. 261
called or payable at a fixed time in respect of that share, and the
company shall also have a lien on all shares (other than fully-paid
shares) standing registered in the name of a single person, for all
moneys presently payable by him or his estate to the company ;
but the directors may at any time declare any share to be wholly
or in part exempt from the provisions of this clause. The company's
lien, if any, on a share shall extend to all dividends payable thereon.
10. The company may sell, in such manner as the directors think
fit, any shares on which the company has a lien, but no sale shall
be made unless some sum in respect of which the lien exists, is
presently payable, nor until the expiration of fourteen days after a
notice in writing, stating and demanding payment of such part of
the amount in respect of which the lien exists as is presently payable,
has been given to the registered holder for the time being of the
share, or the person entitled by reason of his death or banlvruptcy
or insolvency to the share.
11. The proceeds of the sale shall be applied in pa3anent of such
part of the amount in respect of which the lien exists as is presently
payable, and the residue shall (subject to a like lien for sums not
presently payable as existed upon the shares prior to the sale) be
paid to the person entitled to the shares at the date of the sale.
The purchaser shall be registered as the holder of the shares, and
he shall not be bound to see to the application of the purchase
money, nor shall his title to the shares be affected by any irregularity
or invalidity in the proceedings in reference to the sale.
Calls on Shares.
12. The directors may from time to time make calls upon the
members in respect of any monej^s unpaid on their shares, provided
that no call shall exceed one-fourth of the nominal amount of the
share, or be payable at less than one month from the last call ; and
each member shall (subject to receiving at least fourteen daj^s'
notice specifying the time or times of payment) pay to the company
at the time or times so specified the amount called on his shares.
13. The joint holders of a share shall be jointly and severally
liable to pay all calls in respect thereof.
14. If a sum called in respect of a share is not paid before or on
the day appointed for pajnment thereof, the person from whom the
sum is due shall pay interest upon the sum at the rate of five per
cent, per annum from the day appointed for the paj^ment thereof
to the time of the actual payment, but the directors shall be at
liberty to waive payment of that interest wholly or in part.
15. The provisions of these regulations as to payment of interest
shall apply in the case of non-payment of any sum which, by the
terms of issue of a share, becomes jjayable at a fixed time, whether
on account of the amount of the share, or by way of premium, as
if the same had become payable by virtue of a call duly made and
notified.
16. The directors may make arrangements on the issue of shares
for a difference between the holders in the amount of calls to be
paid and in the times of pajTnent.
262 No. 20 OF 1917.
17. The directors may, if they think fit, receive from any member
willing to advance the same all or any part of the moneys uncalled
and mipaid upon any shares held by him ; and upon all or any of
the moneys so advanced may (until the same would, but for such
advance, become presently payable) pay interest at such rate (not
exceeding, without the sanction of the company in general meeting,
six per cent.) as may be agreed upon between the member paying
the sum in advance and the directors.
Transfer and Transmission of Shares.
18. The instrument of transfer of any share in the company shall
be executed both by the transferor and the transferee, and the
transferor shall be deemed to remain a holder of the share until the
name of the transferee is entered in the register of members in
resj^ect thereof.
19. Shares in the company shall be transferred in the following
form, or in any usual or common form which the directors shall
approve :
I, A. B,, of in consideration of the sum of dollars paid
to me by C. D., of (hereinafter called " the said transferee ")
do hereby transfer to the said transferee the share (or shares)
numbered in the undertaking called the Company,
Limited, to hold unto the said transferee, his executors, adminis-
trators, and assigns, subject to the several conditions on which I
held the same at the time of the execution hereof : And I, the said
transferee, do hereby agree to take the said share (or shares) subject
to the conditions aforesaid.
As witness our hands the day of 19. .
Witness to the signatures of, etc.
20. The directors may decline to register any transfer of shares,
not being fully-paid shares, to a person of whom they do not
approve, and may also decline to register any transfer of shares on
which the company has a lien. The directors may also suspend
the registration of transfers during the fourteen days immediately
preceding the ordinary general meeting in each year. The directors
may decline to recognize any instrument of transfer unless
(a) a fee not exceeding two dollars is paid to the company in
respect thereof ; and
(b) the instrument of transfer is accompanied by the certificate
of the shares to which it relates, and such other evidence
as the directors may reasonably require to shew the right
of the transferor to make the transfer.
21. The executors or administrators of a deceased sole holder of
a share shall be the only persons recognized by the company as
having any title to the share. In the case of a share registered in
the names of two or more holders, the survivors or survivor, or the
executors or administrators of the deceased survivor, shall be the
only persons recognized by the company as having any title to
the share.
COMPANIES. 263
22. Any person becoming entitled to a share in consequence of
the death or bankruptcy or insolvency of a member shall, upon
such evidence being produced as may from time to time be required
by the directors, have the right, either to be registered as a member
in respect of the share or, instead of being registered himself, to
make such transfer of the share as the deceased or bankrupt or
insolvent person could have made ; but the directors shall, in
either case, have the same right to decline or suspend registration
as they would have had in the case of a transfer of the share by
the deceased or bankrupt or insolvent person before the death or
bankruptcy or insolvency.
23. A person becoming entitled to a share by reason of the death
or bankruptcy or insolvency of the holder shall be entitled to the
same dividends and other advantages to which he would be entitled
if he were the registered holder of the share, except that he shall
not, before being registered as a member in respect of the share,
be entitled in respect of it to exercise any right conferred by
membership in relation to meetings of the company.
Forfeiture of Shares.
24. If a member fails to pay any call or instalment of a call on
the day appointed for payment thereof, the directors may, at any
time thereafter during such time as any part of such call or instal-
ment remains unpaid, serve a notice on him requiring payment
of so much of the call or instalment as is unpaid, together with any
interest which may have accrued.
25. The notice shall name a further day (not earlier than the
expiration of fourteen days from the date of the notice) on or before
which the payment required by the notice is to be made, and shall
state that in the event of non-payment at or before the time
appointed the shares in respect of which the call was made will be
liable to be forfeited.
26. If the requirements of any such notice as aforesaid are not
complied with, any share in respect of which the notice has been
given may at any time thereafter, before the payment required by
the notice has been made, be forfeited by a resolution of the directors
to that efifect.
27. A forfeited share may be sold or otherwise disposed of on
such terms and in such manner as the directors think fit, and at
any time before a sale or disposition the forfeiture may be cancelled
on such terms as the directors think fit.
28. A person whose shares have been forfeited shall cease to be a
member in respect of the forfeited shares, but shall, notwithstanding,
remain liable to pay to the company all moneys which, at the date
of forfeiture, were presently payable by him to the company in
respect of the shares, but his liability shall cease if and when the
company receive payment in full of the nominal amount of the
shares.
29. A statutory declaration in writing that the declarant is a
director of the company, and that a share in the company has been
duly forfeited on a date stated in the declaration, shall be conclusive
264 No. 20 OF 1917.
evidence of the facts therein stated as against all persons claiming to
be entitled to the share, and that declaration, and the receipt of the
company for the consideration, if any, given for the share on the sale
or disposition thereof shall constitute a good title to the share, and
the person to whom the share is sold or disposed of shall be registered
as the holder of the share and shall not be bound to see to the
application of the purchase money, if any, nor shall his title to the
share be affected by any irregularity or invalidity in the proceedings
in reference to the forfeiture, sale, or disposal of the share.
30. The provisions of these regulations as to forfeiture shall apply
in the case of non-payment of any sum which by the terms of issue
of a share, becomes payable at a fixed time, whether on account of
the amount of the share, or by way of premium, as if the same had
been payable by virtue of a call duly made and notified.
Conversion of Shares into Stock.
31. The directors may, with the sanction of the company previously
given in general meeting, convert any paid-up shares into stock, and
may with the like sanction re-convert any stock into paid-up shares
of any denomination.
32. The holders of stock may transfer the same, or any part
thereof, in the same manner, and subject to the same regulations, as,
and subject to which, the shares from which the stock arose might
previously to conversion have been transferred, or as near thereto as
circumstances admit ; but the directors may from time to time fix
the minimum amount of stock transferable, and restrict or forbid the
transfer of fractions of that minimum, but the minimum shall not
exceed the nominal amount of the shares from which the stock arose.
33. The holders of stock shall, according to the amount of the
stock held by them, have the same rights, privileges, and advantages
as regards dividends, voting at meetings of the company, and other
matters as if they held the shares from which the stock arose, but no
such privilege or advantage (except participation in the dividends
and profits of the company) shall be conferred by any such aliquot
part of stock as would not, if existing in shares, have conferred that
privilege or advantage.
34. Such of the regulations of the company (other than those
relating to share warrants) as are applicable to paid-up shares shall
apply to stock, and the words " share " and " shareholder " therein
shall include " stock " and " stock-holder. "
))
Share Warrants.
35. The company may issue share warrants, and accordingly the
directors may in their discretion, with respect to any share which
is fully paid up, on application in writing signed by the person
registered as holder of the share, and authenticated by such evidence,
if any, as the directors may from time to time require as to the
identity of the person signing the request, and on receiving the
certificate, if any, of the share, and the amount of the stamp duty
on the warrant and such fee as the directors may from time to time
require, issue under the company's seal a warrant, duly stamped,
COMPANIES. 265
stating that the bearer of the warrant is entitled to the shares therein
specified, and may provide by coupons, or otherwise for the payment
of dividends, or other moneys, on the shares included in the warrant.
36. A share warrant shall entitle the bearer to the shares included
in it, and the shares shall be transferred by the delivery of the share
warrant, and the provisions of the regulations of the company with
respect to transfer and transmission of shares shall not apply thereto.
37. The bearer of a share warrant shall, on surrender of the
Avarrant to the company for cancellation, and on payment of such
sum as the directors may from time to time prescribe, be entitled to
have his name entered as a member in the register of members in
respect of the shares included in the warrant.
38. The bearer of a share warrant may at any time deposit the
warrant at the office of the company, and so long as the warrant
remains so deposited the depositor shall have the same right of
signing a requisition for calling a meeting of the company, and of
attending and voting and exercising the other privileges of a member
at any meeting held after the expiration of two clear days from the
time of deposit, as if his name were inserted in the register of
members as the holder of the shares included in the deposited
warrant. Not more than one person shall be recognized as depositor
of the share Avarrant. The company shall, on two days' written
notice, return the deposited share warrant to the depositor.
39. Subject as herein otherwise expressly provided no person shall,
as bearer of a share warrant, sign a requisition for calling a meeting
of the company, or attend, or vote, or exercise any other privilege of
a member at a meeting of the company, or be entitled to receive any
notices from the company ; but the bearer of a share warrant shall
be entitled in all other respects to the same privileges and advantages
as if he were named in the register of members as the holder of the
shares included in the warrant, and he shall be a member of
the company.
40. The directors may from time to time make rules as to the
terms on which, if they shall think fit, a new share warrant or
coupon may be issued by way of renewal in case of defacement, loss,
or destruction.
Alteration of Capital.
41. The directors may, with the sanction of an extraordinary
resolution of the company, increase the share capital by such sum,
to be divided into shares of such amount, as the resolution shall
prescribe.
42. Subject to any direction to the contrary that may be given by
the resolution sanctioning the increase of share capital, all new shares
shall, before issue, be offered to such persons as at the date of the
offer are entitled to receive notices from the company of general
meetings in proportion, as nearly as the circumstances admit, to the
amount of the existing shares to which they are entitled. The offer
shall be made by notice specifying the number of shares offered, and
limitmg a time within which the offer, if not accepted, will be
deemed to be declined, and, after the expiration of that time, or on
266 No. 20 OF 1917.
the receipt of an intimation from the person to whom the ofPer is
made that he declines to accept the shares offered, the directors may
dispose of the same in such manner as they think most beneficial to
the company. The directors may likewise so dispose of any new
shares which (by reason of the ratio which the new shares bear to
shares held by persons entitled to an offer of new shares) cannot, in
the opinion of the directors, be conveniently offered under this
article,
43. The new shares shall be subject to the same provisions with
reference to the payment of calls, lien, transfer, transmission,
forfeiture, and otherwise as the shares in the orighial share capital.
44. The company may, by special resolution
(a) consolidate and divide its share capital into shares of larger
amount than its existing shares ;
(b) by subdivision of its existing shares, or any of them, divide
the whole, or any part, of its share capital into shares
of smaller amount than is fixed by the memorandum
of association, subject, nevertheless, to the provisions of
sub-section (i) of Section 41 of " The Companies Enactment,
1917 " ;
(c) cancel any shares which, at the date of the passing of the
resolution, have not been taken or agreed to be taken
by any person ;
(d) reduce its share capital in any manner and with, and subject
to, any incident authorized, and consent required, by law.
General Meetings.
45. The statutory general meeting of the company shall be held
within the period required by Section 65 of " The Companies
Enactment, 1917."
46. A general meeting shall be held once in every year at such
time (not being more than fifteen months after the holding of the last
preceding general meeting) and place as may be prescribed by the
company in general meeting, or, in default, at such time in the month
following that in which the anniversary of the company's incorpora-
tion occurs, and at such place, as the directors shall appoint. In
default of a general meeting being so held, a general meeting shall
be held in the month next folloA\'ing, and may be convened by any
two members in the same manner as nearly as possible as that in
which meetings are to be convened by the directors.
47. The above-mentioned general meetings shall be called ordinary
meetings ; all other general meetings shall be called extraordmary.
48. The directors may, whenever they think fit, convene an
extraordinary general meeting, and extraordinary general meetings
shall also be convened on such requisition, or, in default, may be
convened by such requisitionists, as provided by Section 66 of
" The Companies Enactment, 1917." If at any time there are not
within the Federated Malay States sufficient directors capable of
acting to form a quorum, any director or any two members of the
COMPANIES. 267
comjiany may convene an extraordinary general meeting in the
same manner as nearly as possible as that in which meetings may be
convened by the directors.
Proceedings at General Meeting,
49. Seven days' notice at the least (exclusive of the day on Avhich
the notice is served or deemed to be served, but inclusive of the day
for which notice is given) specifying the place, the day, and the hour
of meeting and, in case of special business, the general nature of that
business shall be given in manner heremafter mentioned, or in such
other manner, if any, as may be prescribed by the company in
general meeting, to such persons as are, under the regulations of the
comjiany, entitled to receive such notices from the company ; but
the non-receipt of the notice by any member shall not invalidate the
proceedings at any general meeting.
50. All business shall be deemed special that is transacted at an
extraordinary meeting, and all that is transacted at an ordinarj^
meeting, mth the exception of sanctioning a dividend, the considera-
tion of the accounts, balance sheets, and the ordinary report of the
directors and auditors, the election of directors and other officers in
the place of those retiring by rotation, and the fixing of the remunera-
tion of the auditors.
51. No business shall be transacted at any general meeting unless
a quorum of members is present at the time when the meeting
proceeds to business ; save as herein otherwise provided, three
members personally present shall be a quorum.
52. If mthin half an hour from the time appointed for the
meeting a quorum is not present, the meeting, if convened upon
the requisition of members, shall be dissolved ; in any other case
it shall stand adjourned to the same day in the next week, at the same
time and place, and, if at the adjourned meeting a quorum is not
present Avithin half an hour from the time appointed for the meeting,
the members present shall be a quorum.
53. The chairman, if any, of the board of directors shall preside
as chairman at every general meeting of the company.
54. If there is no such chairman, or if at any meeting he is not
present within fifteen minutes after the time appointed for holding
the meeting or is unwilling to act as chairman, the members present
shall choose some one of their number to be chairman.
55. The chairman may, with the consent of any meeting at which
a quorum is present, and shall if so directed by the meeting, adjourn
the meeting from time to time and from place to place, but no
business shall be transacted at any adjourned meeting other than the
business left unfinished at the meetmg from which the adjournment
took place. When a meeting is adjourned for ten days or more,
notice of the adjourned meeting shall be given as in the case of an
original meeting. Save as aforesaid it shall not be necessary to give
any notice of an adjournment or of the business to be transacted at
an adjourned meeting.
56. At any general meetmg a resolution put to the vote of the
meeting shall be decided on a shew of hands, unless a poll is (before
268 No. 20 OF 1917.
or on the declaration of the result of the shew of hands) demanded
by at least three members, and unless a poll is so demanded, a
declaration by the chairman that a resolution has, on a shew of hands,
been carried, or carried unanimously, or by a particular majority, or
lost, and an entry to that effect in the book of the proceedings of the
company, shall be conclusive evidence of the fact, without proof of
the number or proportion of the votes recorded in favour of, or
against that resolution.
57. If a poll is duly demanded it shall be taken in such manner as
the chairman directs, and the result of the poll shall be deemed to be
the resolution of the meeting at which the poll was demanded.
58. In the case of an equality of votes, whether on a shew of hands
or on a poll, the chairman of the meeting at which the shew of hands
takes place or at which the poll is demanded, shall be entitled to a
second or casting vote.
59. A poll demanded on the election of a chairman, or on a
question of adjournment, shall be taken forthwith. A poll
demanded on any other question shall be taken at such time as the
chairman of the meeting directs.
Votes of Members.
60. On a shew of hands every member present in person shall have
one vote. On a poll every member shall have one vote for each share
of which he is the holder.
61. In the case of joint holders the vote of the senior who tenders
a vote, whether in person or by proxy, shall be accepted to the
exclusion of the votes of the other j oint holders ; and for this purpose
seniority shall be determined by the order in which the names stand
in the register of members.
62. A member of unsound mind, or in respect of whom an order
has been made by any Court having jurisdiction in lunacy, may
vote, whether on a shew of hands or on a poll, by his committee, or
other person in the nature of a committee appointed by that Court,
and any such committee, or other person may, on a poll, vote by
proxy.
63. No member shall be entitled to vote at any general meeting
unless all calls or other sums presently payable by him in respect of
shares in the company have been paid.
64. On a poll votes nay be given either personally or by proxy.
65. The instrument appointing a proxy shall be in writing under
the hand of the appointor or of his attorney duly authorized in
writing, or, if the api:)ointor is a corporation, either under the
common seal, or under the hand of an officer or attorney so author-
ized. No person shall act as a proxy unless either he is entitled on
his own behalf to be present and vote at the meeting at which he
acts as proxy, or he has been appointed to act at that meeting as
proxy for a corporation.
66. The instrument appointing a proxy and the power of attorney
or other authority, if any, under which it is signed or a notarially
certified copy of that power or authority shall be deposited at the
COMPANIES. 269
registered office of the company not less than forty-eight hours before
the time for holding the meeting at which the person named in the
instrument proposes to vote, and in default the instrument of proxy
shall not be treated as valid.
67. An instrument appointing a proxy may be in the following
form, or in any other form which the directors shall approve :
Company, Limited.
"I of being a member of the Company, Limited,
hereby appoint of as my proxy to vote for me
and on my behalf at the [ordinary or extraordinary, as the
case may he'] general meeting of the company to be held on
the day of and at any adjournment thereof."
Signed this day of
Directors.
68. The number of the directors and the names of the first
directors shall be determined in writmg by a majority of the sub-
scribers of the memorandum of association,
69. The remuneration of the directors shall from time to time
be determined by the company in general meeting.
70. The qualification of a director shall be the holding of at least
one share in the company, and it shall be his duty to comply with
the provisions of Section 73 of " The Companies Enactment, 1917."
Powers and Duties oe Directors.
71. The business of the company shall be managed by the
directors, who may pay all expenses incurred in getting up and
registering the company, and may exercise all such powers of
the company as are not, by " The Companies Enactment, 1917,"
or any statutory modification thereof for the time being in force,
or by these articles, required to be exercised by the company in
general meeting, subject nevertheless to any regulation of these
articles, to the provisions of the said Enactment, and to such
regulations, being not inconsistent with the aforesaid regulations or
provisions, as may be prescribed by the company in general meeting ;
but no regulation made by the company in general meeting shall
invalidate any prior act of the directors which would have been
valid if that regulation had not been made.
72. The directors may from time to time appoint one or more of
their body to the office of managing director or manager for such
term, and at such remuneration (whether by way of salary, or
commission, or participation in profits, or partly m one way and
partly in another) as they may think fit, and a director so appointed
shall not, while holding that office, be subject to retirement by
rotation, or taken into account in determmmg the rotation of
retirement of directors ; but his appointment shall be subject to
determination i'pso facto if he ceases from any cause to be a director,
or if the company in general meeting resolve that his tenure of the
office of managmg director or manager be determined.
270 No. 20 OF 1917.
73. The amount for the time being remaining undischarged of
moneys borrowed or raised by the directors for the purposes of the
company, otherwise than by the issue of share capital, shall not at
any time exceed the issued share capital of the company without
the sanction of the company in general meeting.
74. The directors shall duly comply with the provisions of " The
Companies Enactment, 1917," or any statutory modification thereof
for the time being in force, and in particular with the provisions in
regard to the registration of the particulars of mortgages and
charges affecting the property of the company, or created by it, and
to keeping a register of the directors, and to sending to the Registrar
an annual list of members, and a summary of particulars relating
thereto, and notice of any consolidation or increase of share capital,
or conversion of shares into stock, and copies of special resolutions,
and a copy of the register of directors and notifications of any
changes therein.
75. The directors shall cause minutes to be made in books
provided for the purpose
(a) of all appointments of officers made by the directors ;
(b) of the names of the directors present at each meeting of
the directors and of any committee of the directors ;
(c) of all resolutions and proceedings at all meetings of the
company, and of the directors, and of committees of
directors,
and every director present at any meeting of directors or committee
of directors shall sign his name in a book to be kept for that purpose.
The Seal.
76. The seal of the company shall not be affixed to any instrument
except by the authority of a resolution of the board of directors,
and in the presence of at least two directors and of the secretary or
such other person as the directors may appoint for the purpose ;
and those two directors and secretary or other person as aforesaid
shall sign every instrument to which the seal of the company is so
affixed in their presence.
Disqualifications of Directoks.
77. The office of director shall be vacated, if the director
(a) ceases to be a director by virtue of Section 73 of " The
Companies Enactment, 1917 " ; or
(h) holds any other office of profit under the company except
that of managing director or manager ; or
(c) becomes bankrupt or insolvent ; or
{d) is found lunatic or becomes of unsound mind ; or
(e) is concerned or participates in the j)rofits of any contract
with the company :
Provided, however that no director shall vacate his office by
reason of his being a member of any company which has entered
COMPANIES. 271
into contracts with or done any work for the company of which he
is director : but a du'ector shall not vote in respect of any such
contract or work, and if he does so vote his vote shall not be counted.
Rotation of Dikectors.
78. At the first ordinary meeting of the company the whole of
the directors shall retire from office, and at the ordinary meeting
in every subsequent year one-third of the directors for the time
being, or, if their number is not three or a multiple of three, then
the number nearest to one-third, shall retire from office.
79. The directors to retire in every year shall be those who have
been longest in office since their last election, but as between persons
who became directors on the same day those to retire shall, unless
they otherwise agree among themselves, be determined by lot.
80. A retiring director shall be eligible for re-election.
81. The company at the general meeting at which a director
retires in manner aforesaid may fill up the vacated office by electing
a person thereto.
82. If at any meeting at which an election of directors ought to
take place the places of the vacating directors are not filled up,
the meeting shall stand adjourned till the same day in the next
week at the same time and place, and, if at the adjourned meeting
the places of the vacating directors are not filled up, the vacating
directors, or such of them as have not had their places filled up,
shall be deemed to have been re-elected at the adjourned meeting.
83. The company may from time to time in general meeting
increase or reduce the number of directors, and may also determine
in what rotation the increased or reduced number is to go out of
office.
84. Any casual vacancy occurring in the board of directors may
be filled up by the directors, but the person so chosen shall be
subject to retirement at the same time as if he had become a director
on the day on which the director in whose place he is appointed
was last elected a director.
85. The directors shall have power at any time, and from time to
time, to appoint a person as an additional director who shall retire
from office at the next following ordinary general meeting, but
shall be eligible for election by the company at that meeting as an
additional director.
86. The Company may by extraordinary resolution remove any
director before the expiration of his period of office, and may by
an ordinary resolution aj^point another person in his stead ; the
person so appointed shall be subject to retirement at the same
time as if he had become a director on the day on which the director
in whose place he is appointed was last elected a director.
PROCEEDmOS OF DIRECTORS.
87. The directors may meet together for the despatch of business,
adjourn, and otherwise regulate their meetmgs, as they think fit.
Questions arising at any meeting shall be decided by a majority
272 No. 20 OF 1917.
of votes. In case of an equality of votes the chairman shall have
a second or casting vote. A director may, and the secretary on
the requisition of a director shall, at any time summon a meetmg
of the directors.
88. The quorum necessary for the transaction of the business of
the directors may be fixed by the directors, and unless so fixed
shall, when the number of directors exceeds three, be three.
89. The continuing directors may act notwithstanding any
vacancy in their body, but, if and so long as their number is reduced
below the number fixed by or pursuant to the regulations of the
company as the necessary quorum of directors, the continuing
directors may act for the purpose of mcreasing the number of
directors to that number, or of summoning a general meeting of
the company, but for no other purpose.
90. The directors may elect a chairman of their meetings and
determine the period for which he is to hold office ; but, if no such
chairman is elected, or if at any meeting the chairman is not present
within five minutes after the time appointed for holding the same,
the directors present may choose one of their number to be chairman
of the meeting.
91. The directors may delegate any of their powers to committees
consisting of such member or members of their body as they think
fit ; any committee so formed shall in the exercise of the powers
so delegated conform to any regulations that may be imposed on
them by the directors.
92. A committee may elect a chairman of their meetings : if no
such chairman is elected, or if at any meeting the chairman is not
present within five minutes after the time appointed for holding
the same, the members present may choose one of their number
to be chairman of the meeting.
93. A committee may meet and adjourn as they think j)roper.
Questions arising at any meeting shall be determined by a majority
of votes of the members present, and in case of an equality of votes
the chairman shall have a second or casting vote.
94. All acts done by any meeting of the directors or of a
committee of directors, or by any person acting as a director, shall,
notwithstanding that it be afterwards discovered that there was
some defect in the appointment of any such directors or persons
acting as aforesaid, or that they or any of them were disqualified,
be as valid as if every such person had been duly appomted and
was qualified to be a director.
Dividends and Reserve.
95. The company in general meeting may declare dividends, but
no dividend shall exceed the amount recommended by the directors.
96. The directors may from time to time pay to the members
such interim dividends as appear to'the directors to be justified by
the profits of the company.
97. No dividend shall be paid otherwise than out of profits.
COMPANIES. 273
98. Subject to the rights of persons, if any, entitled to shares
with, special rights as to dividends, all dividends shall be declared
and paid according to the amounts paid on the shares, but if and
so long as nothing is paid up on any of the shares in the company
dividends may be declared and paid according to the amounts of
the shares. No amount paid on a share in advance of calls shall,
while carrying interest, be treated for the purposes of this article
as paid on the share.
99. The directors may, before recommending any dividend, set
aside out of the profits of the company such sums as they think
proper as a reserve or reserves which shall, at the discretion of the
directors, be applicable for meeting contingencies, or for equalizing
dividends, or for any other purpose to which the profits of the
company may be properly applied, and pending such application
may, at the like discretion, either be employed in the business of
the company or be invested in such investments, other than shares
of the company, as the directors may from time to time think fit.
100. If several persons are registered as jomt holders of any
share any one of them may give effectual receipts for any dividend
payable on the share.
101. Notice of any dividend that may have been declared shall
be given in manner hereinafter mentioned to the persons entitled
to share therem.
102. No dividend shall bear interest against the company.
Accounts.
103. The directors shall cause true accounts to be kept in the
English language
of the sums of money received and expended by the company
and the matter in respect of which such receipt and expendi-
ture takes place, and
of the assets and liabilities of the company.
104. The books of account shall be kept at the registered office
of the company, or at such other place or places as the directors
think fit, and shall always be open to the inspection of the directors.
105. The directors shall from time to time determine whether
and to what extent and at what times and places and under what
conditions or regulations the accounts and books of the company
or any of them shall be open to the inspection of members not
being directors, and no member, not being a director, shall have
any right of inspecting any account or book or document of the
company except as conferred by statute or authorized by the
directors or by the company in general meeting.
106. Once at least in every year the directors shall lay before
the company in general meeting a profit and loss account for the
period since the preceding account or, in the case of the first account,
since the incorporation of the company, made up to a date not
more than six months before such meeting.
107. A balance sheet shall be made out in every year and laid
before the company in general meeting made up to a date not more
III— 18
274 No. 20 OF 1917.
than six months before such meeting. The balance sheet shall be
accompanied by a report of the directors as to the state of the
company's affairs, and the amount which they recommend to be
paid by Avay of dividend, and the amount, if any, which they propose
to carry to a reserve fund.
108. A copy of the balance sheet and report shall, seven days
previously to the meeting, be sent to the persons entitled to receive
notices of general meetings in the manner in which notices are to
be given hereunder.
Audit.
109. Auditors shall be appointed and their duties regulated in
accordance mth Sections 114 and 115 of " The Companies
Enactment, 1917," or any statutory modification thereof for the
time being in force.
Notices.
110. A notice may be given by the company to any member
either personally or by sending it by post to him to his registered
address, or, if he has no registered address m the Federated Malay
States, to the address, if any, within the Federated Malay States
supplied by him to the company for the giving of notices to him.
Where a notice is sent by post, service of the notice shall be
deemed to be effected by properly addressing, prepaying, and
posting a letter containing the notice, and, unless the contrary is
proved, to have been effected at the time at which the letter would
be delivered in the ordinary course of post.
111. If a member has no registered address in the Federated
Malay States and has not supplied to the company an address within
the Federated Malay States for the giving of notices to him, a notice
addressed to him and advertised in a newspaper circulating in the
neighbourhood of the registered office of the company, shall be
deemed to be duly given to him on the day on which the advertise-
ment appears.
112. A notice may be given by the company to the joint holders
of a share by giving the notice to the joint holder named first in
the register in respect of the share.
113. A notice may be given by the company to the persons
entitled to a share in consequence of the death or banl\;ruptcy or
insolvency of a member by sending it through the post in a prepaid
letter addressed to them by name, or by the title of representatives
of the deceased, or trustee of the bankrupt, or receiver of the property
of the insolvent, or by any like description, at the address, if any,
in the Federated Malay States supplied for the purpose by the
persons claiming to be so entitled, or (untU such an address has
been so supplied) by giving the notice in any manner in which the
same might have been given if the death or bankruptcy or insolvency
had not occurred.
114. Notice of every general meeting shall be given in some
manner hereinbefore authorized to (a) every member of the company
(including bearers of share warrants) except those members who
(having no registered address within the Federated Malay States)
COMPANIES. 275
have not supplied to the company an address within the Federated
Malay States for the giving of notices to them, and also to (b) every
person entitled to a share in consequence of the death or bankruptcy
or insolvency of a member, who, but for his death or bankruptcy or
insolvency, would be entitled to receive notice of the meetmg. No
other persons shall be entitled to receive notices of general meetings.
TABLE B.
(Sections 257, 269.)
TABLE OF FEES TO BE PAID TO THE REGISTRAR.
I. — By a Company having a Share Capital. S c.
For registration of a company whose nominal share capital
does not exceed $10,000 50 00
For registration of a company whose nommal share capital
exceeds $10,000, the above fee of $50 with the follow-
ing additional fees, regulated according to the amomit
of nominal share capital — that is to say :
For every $5,000 of nominal share capi- $ c.
tal, or part of $5,000 up to $25,000 . . 10 00
For every $5,000 of nominal share capital
or part of $5,000 after the first $25,000
up to $500,000 2 50
For every $5,000 of nominal share capital
or part of $5,000, after the first $500,000 50
For registration of any increase of share capital made after
the first registration of the company, the same fees
per $5,000 or part of $5,000, as would have been
payable if the increased share capital had formed part
of the original share capital at the time of registration.
Provided that no company shall be liable to pay in respect
of nominal share capital, on registration or afterwards,
any greater amount of fees than $500, taking into
account in the case of fees payable on an increase of
share capital after registration the fees paid on regis-
tration.
For registration of any existmg company, except such
companies as are by this Enactment exempted from
payment of fees in respect of registration under this
Enactment, the same fee as is charged for registering
a new company.
For registering any document by this Enactment required
or authorized to be registered, other than the memo-
randum or the abstract required to be filed with the
Registrar by a receiver or manager or the statement
required to be sent to the Registrar by the liquidator
in a winding-up . . . . . . . . . . . . 3 00
For making a record of any fact by this Enactment required
or authorized to be recorded by the Registrar . . 3 00
276 No. 20 OF 1917.
II. — By a Company not having a Share Capital.
For registration of a company whose number of members,
as stated in the articles, does not exceed 20 . . . . 50 00
For registration of a company whose number of members,
as stated in the articles, exceeds 20, but does not
exceed 100 100 00
For registration of a company whose number of members,
as stated in the articles, exceeds 100, but is not stated
to be unlimited, the above fee of $100 with an addi-
tional fee of $2.50 for every 50 members or less number
than 50 members after the first 100.
For registration of a company in which the number of
members is stated in the articles to be unlimited . . 200 00
For registration of any increase in the number of members
made after the registration of the company in respect
■ of every 50 members, or less than 50 members, of
that increase . . . . . . . . . . . . 3 00
Provided that no company shall be liable to pay on the
whole a greater fee than $200 in respect of its number
of members, taking into account the fee paid on the
first registration of the company.
For registration of any existing company, except such
companies as are by this Enactment exempted from
payment of fees in respect of registration under this
Enactment, the same fee as is charged for registering
a new company.
For registering any document by this Enactment required
or authorized to be registered, other than the memo-
randum or the abstract required to be filed with the
Registrar by a receiver or manager or the statement
required to be sent to the Registrar by the liquidator
in a winding-up . . . . . . . . . . . . 3 00
For making a record of any fact by this Enactment required
or authorized to be recorded by the Registrar . . 3 00
FORM C.
(Section 110.)
FORM OF STATEMENT TO BE PUBLISHED BY BANKING
AND INSURANCE COMPANIES, AND DEPOSIT,
PROVIDENT, OR BENEFIT SOCIETIES.
^ The share capital of the company is , divided into
shares of each.
The number of shares issued is
Calls to the amount of dollars per share have been made
under which the sum of dollars has been received.
1 If the company has no share capital, the portion of the statement relating
to capital and shares must be omitted.
COMPANIES. 277
The liabilities of the company on the first day of January (or July)
were :
Debts OAving to sundry persons by the company.
On judgment, $
On mortgages or bonds, $
On notes or bills, $
On other contracts, $
On estimated liabilities, %
The assets of the company on that day were :
Government securities (stating them).
Bills of exchange and promissory notes, $
Cash at Bankers, $
Advances to directors, $ , of which $ are secured in
accordance with the provisions of Section 109.
Advances to officers, S , of which $ are secured in
accordance with the provisions of Section 109.
Other advances , of which $ are secured.
Schedule C.
(Section 82.)
'' The Companies Enactment, 1917."
STATEMENT IN LIEU OF PROSPECTUS.
filed by Company, Limited, pursuant to Section 82
of " The Companies Enactment, 1917."
Presented for filing by
" The Companies Enactment, 1917."
Limited.
STATEMENT IN LIEU OF PROSPECTUS.
The nominal share capital of the
company
%
Divided into
Shares of S . . . . each
s.... „
,, 5|^. . . . ,,
Names, descriptions, and addresses
of directors or proposed directors
Minimum subscription (if any)
fixed by the memorandum or
articles of association on which
the company may proceed to
allotment
278
No. 20 OF 1917.
Number and amount of shares and
debentures agreed to be issued
as fully or partly paid-up other-
wise than in cash
The consideration for the intended
issue of those shares and deben-
tures
Names and addresses of (a) ven-
dors of property purchased or
acquired, or proposed to be (b)
purchased or acquired by the
company
Amount (in cash, shares, or deben-
tures) payable to each separate
vendor
1. . . . shares of S . . . fully paid
2. . . . shares upon which $ . . .
per share credited as paid
3. . . .debenture. ..$...
4. Consideration :
(a) For definition of vendor
see Section 81 (ii) of " The
Companies Enactment, 1917."
(6) See Section 81 (iii) of
" The Companies Enactment,
1917."
Amount (if any) paid or payable
(in cash or shares or debentures)
for any such property, specify-
ing amount (if any) paid or
l^ayable for goodwill
Total purchase price $
Cash . . . . $
Shares . . . . $
Debentures. . . . $
Goodwill . . $
Amount (if any) paid or payable
as commission for subscribing
or agreeing to subscribe or pro-
curing or agreeing to procure
subscriptions for any shares or
debentures in the company,
or
Rate of the commission
Amount paid
,, payable
Rate per cent.
Estimated amount of preliminary
expenses
Amount paid or intended to be
paid to any promoter
Consideration for the payment
Name of promoter
Amount $
Consideration :
Dates of, and parties to, every
material contract (other than
contracts entered into in the
ordinary course of the business
intended to be carried on by the
company or entered into more
than two years before the filing
of this statement)
Time and place at Avhich the
contracts or copies thereof may
be inspected
COMPANIES.
279
Names and addresses of the'
auditors of the company ^if any)
Full particulars of the nature and
extent of the interest of every
director in the promotion of or
in the property proposed to be
acquired by the company, or,
where the interest of such a
director consists in being a
partner in a firm, the nature
and extent of the interest of the
firm, with a statement of all
sums paid or agreed to be paid
to him or to the firm in cash
or shares, or otherwise, by any
person either to induce him to
become, or to qualify him as, a
director, or otherwise for services
rendered by him or by the firm
in connection mth the promo-
tion or formation of the company
Whether the articles contain any
provisions precluding holders
of shares or debentures from
receiving and inspecting balance
sheets or reports of the auditors
or other reports
Nature of provisions
(Signatures of the persons above-
named as directors or proposed
directors, or of their agents autho- i
rized in "writing) J
Schedule D.
(Section 94.)
Form A.
" The Companies Enactment, 1917."
Particulars to be suppHed to the Registrar pursuant to Section 94
of a mortgage or charge created by the Limited, and being
(a) a mortgage or charge for the purpose of securing any issue
of debentures ; or
(&) a mortgage or charge on uncalled share capital of the
company ; or
(c) a mortgage or charge created or evidenced by an instrument
which, if executed by an individual, would require registra-
tion as a bill of sale ; or
{d) a mortgage or charge on any land wherever situate or any
interest therein ; or
280
No. 20 OF 1917.
(e) a mortgage or charge on any book debts of the company ; or
(/) a floating charge on the undertaking or property of the
company.
Strike out the sub-heads [a), (b), (c), (d), (e), or (/), which do not apply.
Presented for filing by
Particulars of a mortgage or charge created by the Limited :
a)
(2)
(3)
(4)
(5)
Date of the instrument
creating or evidencing
the mortgage or
charge and description
thereof.i
Amount secured
by the mortgage
or charge.
Short particulars
of the property
mortgaged or
charged.
Names (with
addresses and
descriptions) of the
mortgagees or
persons entitled
to the charge.
Amount
of the debt
outstanding
on
1 A description of the instrument — e.g., trust, deed, mortgage, debenture,
etc., as the case may be, should be given.
(Signature)
Designation of position in relation to the company.
Date
Form B.
" The Companies Enactment, 1917."
Particulars to be delivered to the Registrar pursuant to Section
94, relating to a series of debentures containing, or giving by
reference to any other instrument, any charge, to the benefit of
which the debenture holders of the said series are entitled pari passu
created by the Limited.
Presented for filing by
Particulars of a series of debentures created by Limited :
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Total
amount
secured by
the whole
series.
Amount of
the issues
of the
series uj)
to
Dates of
resolutions
authorizing
the issue of
the series.
Date of the
covering deed (if
any) by which the
security is created
or defined ; or, if
there is no such
deed, the date of
the first execution
of debentures of
the series.
General
descrip-
tion of the
property
charged.
Names of
the
trustees
(if any)
for the
debenture
holders.
Amount
outstanding
on the ....
(Signature) . .
Designation of position in relation to the company.
Date. .
COMPANIES.
281
SCHEDUI-E E.
(Section 120.)
Form A.
MEMORANDUM OF ASSOCIATION OF A COMPANY
LIMITED BY SHARES.
1st. — The name of the company is " The Eastern Steam Packet
Company, Limited."
2nd. — The registered office of the company will be situate in
S clangor.
3rd. — The objects for which the company is established are,
" the conveyance of passengers and goods in ships or boats between
such places as the company may from time to time determine, and
the doing all such other things as are incidental or conducive to the
attainment of the above object."
4:th. — The liability of the members is limited.
5th. — The share capital of the company is dollars two hundred
thousand divided into one thousand shares of two hundred dollars
each.
We, the several persons whose names and addresses are subscribed,
are desirous of being formed into a company, in pursuance of this
memorandum of association, and we respectively agree to take the
number of shares in the capital of the company set opposite our
respective names.
Names, addresses, and descriptions of
subscribers.
1. John Jones of Kuala Lumpur, Merchant
2. John Smith of
3. Thomas Green of
4. John Thompson of
5. Caleb White of
6. Andrew Brown of
7. Caesar White of
Total shares taken
Number of shares
taken by each
subscriber.
200
25
30
40
15
5
10
325
Dated the day of , 19 . . .
Witness to the above signatures,
A, B. of No. 5, Klyne Street, Kuala Lumpur.
Form B.
MEMORANDUM AND ARTICLES OF ASSOCIATION OF A
COMPANY LIMITED BY GUARANTEE, AND NOT
HAVING A SHARE CAPITAL.
Memorandum or Association.
1st. — The name of the company is " The Mutual Selangor Marine
Association, Limited."
282 No. 20 OF 1917.
2nd. — The registered office of the company will be situate in
Selangor.
3rd. — The objects for which the company is established, are,
" the mutual insurance of ships belonging to members of the
company, and the doing all such other things as are incidental or
conducive to the attainment of the above object."
4:th. — The liabiUty of the members is limited.
5th. — Every member of the company undertakes to contribute to
the assets of the company in the event of its being wound up while
he is a member, or within one year afterwards, for payment of the
debts and liabilities of the company contracted before he ceases to be
a member, and the costs, charges, and expenses of winding-up, and
for the adjustment of the rights of the contributories among them-
selves, such amount as may be required not exceeding one hundred
dollars.
We, the several persons whose names and addresses are subscribed,
are desirous of being formed into a company, in pursuance of this
memorandum of association.
Names, Addkesses, and Descriptions of Subscribers.
1. John Jones of Kuala Lumpur, Merchant.
2. John Smith of
3. Thomas Green of
4. John Thompson of
5. Caleb White of
6. Andrew Brown of
7. Caesar White of
Dated the day of , 19 . . .
Witness to the above signatures,
A. B. of No. 5, Kljoie Street, Kuala Lumpur.
ARTICLES OF ASSOCIATION TO ACCOMPANY
PRECEDING MEMORANDUM OF ASSOCIATION.
Number of Members.
1. The company, for the purpose of registration, is declared to
consist of five hundred members,
2. The directors hereinafter mentioned may, whenever the
business of the association requires it, register an increase of
members.
Definition of Members.
3. Every person shall be deemed to have agreed to become a
member of the company who insures any ship or share in a ship in
pursuance of the regulations hereinafter contained.
General Meetings.
4. The first general meeting shall be held at such time, not being
less than one month nor more than three months after the incorpora-
tion of the company, and at such place, as the directors may
determine.
5. A general meeting shall be held once in every year at such time
(not being more than fifteen months after the holding of the last
COMPANIES. 283
preceding general meeting) and place as may be prescribed by the
company in general meeting, or, in default, at such time in the month
folloA^-ing that in which the anniversary of the company's incorpora-
tion occurs, and at such place, as the directors shall appoint. In
default of a general meeting being so held, a general meeting shall
be held in the month next following, and may be convened by any
two members in the same mamier as nearly as possible as that
in which meetings are to be convened by the directors.
6. The above-mentioned general meetings shall be called ordinary
meetings ; aU other general meetings shall be called extraordinary.
7. The directors may, whenever they think fit, and shall, on a
requisition made in writing by any five or more members, convene
an extraordmary general meetmg.
8. Any requisition made by the members must state the object of
the meeting proposed to be called, and must be signed by the
requisitionists and deposited at the registered office of the company.
9. On receipt of the requisition the directors shall forthmth
proceed to convene a general meeting : if they do not proceed to
cause a meeting to be held wtliin twenty-one days from the date of
the requisition being so deposited, the requisitionists or any other five
members, may themselves convene a meeting.
Proceedings at General Meetings.
10. Seven days' notice at the least, specifying the place, the day,
and the hour of meeting, and in case of special business the general
nature of the business, shall be given to the members in manner
hereinafter mentioned, or in such other manner, if any, as may be
prescribed by the company ia general meeting ; but the non-receipt
of such a notice by any member shall not invalidate the proceedings
at any general meeting.
11. All business shall be deemed special that is transacted at an
extraordinary meeting, and all that is transacted at an ordinary
meeting, mth the exception of the consideration of the accounts,
balance sheets, and the ordinary report of the directors and auditors,
the election of directors and other officers in the place of those
retiring by rotation, and the fixing of the remimeration of the
auditors.
12. No business shall be transacted at any meeting except the
declaration of a dividend, unless a quorum of members is present
at the commencement of the business. The quorum shall be
ascertained as follows — that is to say, if the members of the company
at the time of the meeting do not exceed ten in number, the quorum
shall be five ; if they exceed ten there shall be added to the above
quorum one for every five additional members up to fifty, and one
for every ten additional members after fifty, with this limitation,
that no quorum shall in any case exceed thirty.
13. If within one hour from the time apj)ointed for the meeting
a quorum of members is not present, the meeting, if convened on
the requisition of the members, shall be dissolved ; m any other case
it shall stand adjourned to the same day in the following week at the
same time and place ; and if at such adjourned meeting a quorum
of members is not present, it shall be adjourned sine die.
284 No. 20 OF 1917.
14. The chairman, if any, of the directors shall preside as chairman
at every general meeting of the company.
15. If there is no such chairman, or if at any meeting he is not
present at the time of holding the same, the members present shall
choose some one of their number to be chairman of that meeting.
16. The chairman may, with the consent of the meeting, adjourn
the meeting from time to time and from place to place, but no
business shall be transacted at any adjourned meeting other than the
business left unfinished at the meeting from which the adjournment
took place.
17. At any general meeting, unless a poll is demanded by at least
three members, a declaration by the chairman that a resolution has
been carried and an entry to that effect in the book of the proceedings
of the company, shall be conclusive evidence of the fact, without
proof of the number or proportion of the votes recorded in favour of
or against the resolution.
18. If a poll is demanded in manner aforesaid, the same shall be
taken in such manner as the chairman directs, and the result of the
poll shall be deemed to be the resolution of the meeting at which
the poll was demanded.
Votes of Members.
19. Every member shall have one vote and no more.
20. If any member is a lunatic or idiot he may vote by his
committee, or other legal curator.
. 21. No member shall be entitled to vote at any meeting unless all
moneys due from him to the company have been paid.
22. On a poll votes may be given either personally or by proxy.
A proxy shall be appointed in writing under the hand of the
appointor, or if such appointor is a corporation, under its common
seal.
23. No person shall act as a proxy unless he is a member, or
unless he is appointed to act at the meeting as proxy for a
corporation.
The instrument appointing him shall be deposited at the registered
office of the company not less than forty-eight hours before the time
of holding the meeting at which he proposes to vote.
24. Any instrument appointing a proxy shall be in the following
form :
Company, Limited.
of in the State of being a member of the
Company, Limited, hereby appoint of as my proxy, to
vote for me and on my behalf at the (ordinary or extraordinary,
as the case may he) general meeting of the company to be held on the
day of and at any adjournment thereof.
Signed this day of , 19 . . .
Directors.
25. The number of the directors, and the names of the first
directors, shall be determined by the subscribers of the memorandum
of association.
COMPANIES. 285
26. Until directors are appointed the subscribers of the memo-
randum of association shall for all the purposes of " The Companies
Enactment, 1917,"' be deemed to be directors.
Powers of Directors.
27. The business of the company shall be managed by the
directors, who may exercise all such powers of the company as are
not, by " The Companies Enactment, 1917," or by any statutory
modification thereof for the time being in force, or by these articles,
required to be exercised by the company in general meeting ; but no
regulation made by the company in general meeting shall invalidate
any prior act of the directors wliich would have been valid if that
regulation had not been made.
Election of Directors.
28. The directors shall be elected annually by the company in
general meeting.
Business of Coimpany.
{Here insert Rides as to mode in which business of Insurance is to
be conducted.)
Audit.
29. Auditors shall be appointed and their duties regulated in
accordance with Sections 114 and 115 of "The Companies Enact-
ment, 1917," or any statutory modification thereof for the time being
in force, and for this purpose the said sections shall have effect as if
the word " members " were substituted for " shareholders," and as if
" first general meeting " were substituted for " statutory meeting."
Notices.
30. A notice may be given by the company to any member either
personally, or by sending it by post to him to his registered address.
31. Where a notice is sent by post, service of the notice shall be
deemed to be effected by properly addressing, prepaying, and posting
a letter containing the notice, and unless the contrary is proved to
have been effected at the time at which the letter would be delivered
in the ordinary course of post.
Names, Addresses, and Descrittions of Subscribers.
1. John Smith of Kuala Lumpur, Merchant.
2. John Jones of ,,
3. Thomas Green of ,,
4. John Thompson of ,,
5. Caleb White of
6. Andrew Brown of ,,
7. Caesar White of ,,
Dated the day of , 19 .
Witness to the above signatures,
A. B. of No. 5, Klyne Street, Kuala Lumpur.
286
No. 20 or 1917.
Form C.
MEMORANDUM AND ARTICLES OF ASSOCIATION OF A
COMPANY LIMITED BY GUARANTEE, AND HAVING
A SHARE CAPITAL.
Memorandum of Association.
1st. — The name of the company is " The Malay States Hotel
Company, Limited."
2nd. — ^The registered office of the company will be situate in
Selangor.
3rd.— The objects for which the company is established are
" the facilitating travelling in the Federated Malay States, by
providing hotels and conveyances by sea and by land for the
accommodation of travellers, and the doing all such other things as
are incidental or conducive to the attainment of the above object."
4:th. — The liability of the members is limited.
5th. — Every member of the company undertakes to contribute to
the assets of the company in the event of its being wound up while
he is a member, or within one year afterwards, for payment of the
debts and liabilities of the company, contracted before Jie ceases to
be a member, and the costs, charges, and expenses of ^\dnding up the
same and for the adjustment of the rights of the contributories
amongst themselves, such amount asmay be required, not exceeding
twenty dollars.
6th. — The share capital of the company shall consist of five hun-
dred thousand dollars, divided into five thousand shares of one
hundred dollars each.
We, the several persons whose names and addresses are subscribed,
are desirous of being formed into a company, in pursuance of this
memorandum of association, and we respectively agree to take the
number of shares in the capital of the company set opposite our
respective names :
Nvunber of shares
Names, addresses, and descriptions of
subscribers.
taken by each
subscriber.
1.
John Jones of Kuala Lumpur, Merchant
200
2.
John Smith of
?5 5 J • *
25
3.
Thomas Green of
30
4.
John Thompson of
)) 5> * •
40
5.
Caleb White of
) J J>
15
6.
Andrew Brown of
)) J>
5
7.
Caesar White of
5) S>
Total shares taken
10
325
Dated the day of , 19 . . .
Witness to the above signatures,
A. B. of No. 5, Klyne Street, Kuala Lumpur.
COMPANIES.
287
ARTICLES OF ASSOCIATION TO ACCOMPANY
PRECEDING MEMORANDUM OF ASSOCIATION.
1. The share capital of the company shall consist of five hundred
thousand dollars, divided into five thousand shares of one hundred
dollars each.
2. The directors may, with the sanction of the company in general
meeting, reduce the amount of shares in the company.
3. The directors may, with the sanction of the company in general
meeting, cancel any shares belonging to the company.
4. All the article of Table A of " The Companies Enactment, 191 7,"
shall be deemed to be incorporated with these articles and to apply
to the company.
Names, Addresses, and Descriptions of Shareholders.
1 . John Jones of Kuala Lumpur, Merchant.
2. John Smith of ,,
3. Thomas Green of ,,
4. John Thompson of ,,
5. Caleb White of
6. Andrew Brown of ,,
7. Caesar White of ,,
Dated the day of , 19 . . .
Witness to the above signatures,
A. B. of No. 5, Klyne Street, Kuala Lumpur.
Form D.
MEMORANDUM AND ARTICLES OF ASSOCIATION
OF AN UNLIMITED COMPANY HAVING A SHARE
CAPITAL.
Memorandum of Association.
1st. — The name of the company is " The Patent Stereotype
Company."
2nd. — The registered office of the company will be situate in
Selangor.
3rd. — The objects for which the company is established are " the
working of a patent method of founding and casting stereotype
plates, of which method , of Kuala Lumpur, is the sole
patentee."
288
No. 20 OF 1917.
We, the several persons whose names are subscribed, are desirous
of being formed into a company, in pursuance of this memorandum
of association, and we respectively agree to take the number of
shares in the capital of the company set opposite our respectiver
names.
Names, addresses, and descriptions of
subscribers.
1. John Jones of Kuala Lumpur, Merchant
2. John Smith of
3. Thomas Green of
4. John Thompson of
5. Caleb White of
6. Andrew Brown of
7. Abel Brown of
Total shares taken
Number of shares
taken by each
subscriber.
3
2
1
2
2
1
1
12
Dated the day of , 19 . . .
Witness to the above signatures,
A. B. of No. 6, Old Market Square, Kuala Lumpur.
ARTICLES OF ASSOCIATION TO ACCOMPANY THE
PRECEDING MEMORANDUM OF ASSOCIATION.
1. The share capital of the company is twenty thousand dollars,
divided into two hundred shares of one hundred dollars each.
2. All the articles of Table A of "The Companies Enactment,
1917," shall be deemed to be incorporated with these articles, and to
apply to the company.
Names, Addresses, and Descriptions of Subscribers.
1. John Jones of Kuala Lumpur, Merchant.
2. John Smith of ,, ,,
3. Thomas Green of ,, ,,
4. John Thompson of ,, ,,
5. Caleb White of ,, „
6. Andrew Browoi of ,, „
7. Abel Bro"s\Ti of ,, ,,
Dated the day of , 19. . .
Witness to the above signatures,
A. B. of No. 6, Old Market Square, Kuala Lumpur.
COMPANIES. 289
Form E as required by Part II of the Enactment.
(Section 29.)
Summary of share capital and shares of the Company,
Limited, made up to the day of 19. . (being the four-
teenth day after the date of the first ordinary general meeting in
19..).
Nominal share capital $ . . divided into M shares of 8 each
Total number of shares taken up ^ to the
day of 19. . (which number
must agree with the total shown in the list
as held by existing members)
Number of shares issued subject to payment wholly in cash
Number of shares issued as fully paid up otherwise than in
C 3.8x1 •• •• •• •• •• •" '■ *•
Number of shares issued as partly paid up to the extent
of per share otherwise than in cash . .
2 There has been called up on each of shares . . . . S
There has been called up on each of shares . . . . S
~ There has been called up on each of shares . . . . $
3 Total amount of calls received, including payments on
application and allotment . . . . . . . . . . $
Total amount, if any, agreed to be considered as paid on
shares which have been issued as fully paid up
otherwise than in cash . . . . . . . . • . $
Total amount, if any, agreed to be considered as paid on
shares which have been issued as partly paid up
to the extent of per share . . . . . - . . $
Total amount of calls unpaid . . . . . . . . . . $
Total amount, if any, of sums paid by way of commission
in respect of shares or debentures or allowed by way of
discount since date of last summary . . . . . . S
Total amount, if any, paid on ■» shares forfeited . . $
Total amount of shares and stock for which sliare warrants
are outstanding . . . . . . . . . • . . S
Total amount of share warrants issued and surrendered
respectively since date of last summary . . . . . • $
Number of shares or amoimt of stock comprised in each
share warrant . . . . . . . . . . • • • • S
Total amount of debt due from the company in respect of
all mortgages and charges Avhich are required to be
registered with the Registrar . . . . . . • • S
1 When there are shares of different kinds or amounts (e.g., Preferencs
and Ordinary, or §1 or $5), state the numbers and nominal values respectively.
2 Where various amounts have been called or there are shares of different
kinds, state them separately.
3 Include what has been received on forfeited as well as on existing shares.
* State the aggregate number of shares forfeited, if any.
Ill— 19
290
No. 20 OF 1917.
Statement in the form of a balance sheet made up to the
day of , 19.., contamhig the particulars of the capital,
liabilities, and assets of the company.
The return must be signed at the end by the manager or secretary
of the company.
Presented for filing by
List of persons holding shares in the Company, Limited,
on the day of , 19. . , and of persons who have held
shares therein at any time since the date of the last return, shewing
their names and addi-esses and an account of the shares so held.
c3
P.
O
Names, Addresses, and
Occupations.
a
a
a
I
o
a
p.
3
0}
11
Account op Shares.
2 Particulars of
shares transferred
since the date of
tlie last return by
persons who are
still members.
o
"o 2 S
'^ -r^ +:>
60
«
u
2 Particulars of
shares transferred
since the date of
the last return by
persons who have
ceased to be
members.
/2
a
^ a
0.2
fi.'
CD
u 2
r/i U,
Remarks.
1 The aggregate number of shares held, aiul not the distinctive numbers,
must be stated, and the (;ohimn must be added up tliroughout so as to make
one total to agree with that stated in the summary to have been taken up.
2 The date of registration of each transfer .should be given as well as the
number of shares transferred on each date. The particulars should bo placed
opposite the name of the transferor and not opposite that of the transferee,
but the name of the transferee may I)e insciicd in the " Remarks " column
immocliately of)j)osite the particulai's of each transfer.
^ Wii(>n the .shares are of different classes, these columns may bo subdivided
so that the number of each class held or transferred may be shewn separately.
COMPANIES.
291
Names and addresses of the persons who are the dkectors of
the ComjDany, Limited, on the day of , 19. .
Names.
Addresses.
Note. — Banking companies must add a list of all their places of business.
(Signature)
(State whether manager or secretary)
Form F.
(Section 22.)
LICENSE TO HOLD LANDS.
The Chief Secretary to Government hereby licenses the to
hold the lands hereunder described {insert descri'ption of lands) [or
to hold lands not exceeding in the whole acres].
The conditions of this license are (insert conditions, if any).
Chief Secretary to Government.
ENACTMENT NO. 22 OF 1917.
An Enactment to provide for the Supervision of Aliens
engaged in IVIissionary or Educational Work in the
Federated Malay States.
Preamble.
Short title and
commence-
ment.
Interpretation.
Kg alien to land
in or enter the
Federated
Malay States
without permit.
Penalty for
breach of
Section 3.
Arthur Young,
President of the Federal Council.
[30th November, 1917.
7th December, 1917.]
Whereas it is expedient to provide that supervision should be
exercised within the Federated Malay States over persons, other
than British subjects or subjects of the Ruler of any of the Federated
Malay States, engaged in missionary or educational work in the
said States :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Supervision of Alien
Missionaries Enactment, 1917," and shall come into force on the
publication thereof in the Gazette.
2. For the purposes of this Enactment " alien " means any person
other than a British subject or a subject of the Ruler of any of the
Federated Malay States.
3. No alien desiring or intending to engage in missionary or
educational work in the Federated Malay States shall land or dis-
embark at any port thereof or enter the said States by railway at
any place
[a) unless he has in his possession a permit in writing enabling
him to enter on such work in the Federated Malay States
granted to him within the previous six months by the
rejjresentative of His Britannic Majesty in the country
from which he proceeds ; and
(6) until he has satisfied the Harbour Master or his deputy at
the port of landing or the railway official in charge of the
train by whicli he enters the Federated Malay States, as
the case may be, that he is the person referred to in the
permit and has obtained the permission of any such officer
to his landing or entry.
4. Any such alien as is referred to in Section 3 landing in or
entering the Federated Malay States in contravention of that section
shall be liable to be dealt with and detained in such manner as the
Harbour Master or his deputy or any police officer not below the
rank of Inspector may direct, and whilst so detained shall bo
deemed to be in legal custody.
292
SUPERVISION OF ALIEN MISSIONARIES. 293
5. (i) The Chief Secretary to Government may order the Deportation of
deportation of any alien who '*'"^"^*
(a) has landed in or entered the Federated Malay States in
contravention of Section 3, or
(b) may be engaged in missionary or educational work, and
whose presence in the Federated Malay States the Chief
Secretary to Government may consider undesirable in the
public interest of the said States.
(ii) Where an alien is ordered to be deported under this section
he may, until he can be conveniently conveyed to and placed on
board or in a ship or railway train about to leave the Federated
Malay States, and whilst being conveyed to the ship or train, and
whilst on board the ship or in the train, and until the ship or train
finally leaves the Federated Malay States, be detained in such
manner as the Chief Secretary to Government directs, and whilst
so detained shall be deemed to be in legal custody.
6. Any person abetting any alien to land or disembark in, or to Penalty for
enter, the Federated Malay States in contravention of Section 3 abetting aliens.
shall be guilty of an offence and liable on conviction before the
Court of a Magistrate of the First Class to imprisonment of either
description for a term not exceeding one year, or to a fine not
exceeding one thousand dollars, or to both.
7. A Harbour Master or his deputy or any person authorized by Detention.
any such officer, or any police officer not below the rank of Inspector,
may arrest any alien acting contrary to the provisions of this
Enactment or attempting so to do, or any person abetting such alien
to act contrary to the provisions hereof, without a warrant and
may detain any person so arrested, and whilst so detained such
person shall be deemed to be in legal custody.
8. (i) All aliens who are engaged in missionary or educational Aliens carrying
work Avithin the Federated Malay States at the date of the coming Cr Suca'tionai
into force of this Enactment shall within two months from such Returns! ™*'^*'
date furnish to the Resident of the State wherein they are so
engaged a return in the form in the schedule or in such other form
as the Resident may require.
(ii) No -alien, excepting those holding the permit mentioned in
Section 3 (a) or holding a permit issued under the Supervision of
Alien Missionaries Ordinance, 1917, of the Colony, shall after the
commencement of this Enactment engage in or enter upon missionary
or educational work in any State unless he shall have furnished to
the Resident of such State a return in the form in the schedule, or
in such other form as the Resident may require, and have obtained
permission from him to enter upon such work. Provided that it
shall not be necessary for an alien who has obtained in any State
of the Federated Malay States such permission as aforesaid in terms
not expressly limited to the State wherein the same is granted to
obtain, while the same remains in force, permission under this
section in any other State of the Federated Malay States.
9. If any question arises under this. Enactment whether any Burden of
person is an alien or not, the burden of proving that that person is ^^°° '
not an alien shall be upon that person.
294 No. 22 OF 1917.
Euies. 10. (i) The Chief Secretary to Government may make rules for
defining the classes of persons liable to make returns or obtain
permission, and generally for carrying into effect the provisions of
this Enactment, and may by rule prescribe as penalty, on conviction
before the Court of a Magistrate of the First Class, for breach of
any rule made and published under this section imprisonment of
either descrijotion for a term not exceeding one year, or a fine not
exceeding one thousand dollars, or both.
(ii) All rules made under this section shall be published in the
Gazette.
Schedule.
FORM OF RETURN.
1. Name in full {designation to be stated, Reverend, Mr., Mrs., or
Miss, etc.)
2. Parentage, that is :
(a) Father's name in full
(b) Mother's (maiden) name in full
3. Present address
4. Date of birth
5. Place and country of birth
6. Nationality
7. Whether holder of a passport from his (her) Government
8. If male, whether applicant has served in the armed forces of
his country, and if so, how long
9. Whether previously in the British Empire, and if so, places
of residence, with dates
10. Name of mission or educational body to which applicant is
attached
11. Place, town, or district in which he (she) is working
12. Name and address of persons (i)
or persons, not more than three, | ,..,
who will furnish information as to T ^ '
applicant, if ajoplied to J (iii)
ENACTMENT NO. 23 OF 1917.
An Enactment to provide for the Improvement of Towns.
Arthur Young, [30th November, 1917.
President of the Federal Council. 7th December, 1917,]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
PART I.
PRELIMINARY.
1. This Enactment may be cited as "The Town Improvement short title and
Enactment, 1917," and shall come into force upon the publication mMit!^"*^*
thereof in the Gazette.
2. In this Enactment unless the context otherwise requires — interpretation.
" Advocate " means an advocate and solicitor of the Supreme
Court ;
" Chairman," " Health Officer," " building," and " street " have
the meanings assigned to those expressions, respectively, in " The
Sanitary Boards Enactment, 1916 " ;
" Collector" and " State land " have the meanings assigned to
those expressions, respectively, in " The Land Enactment, 1911 " ;
and
" Sanitary Board " means a Sanitary Board appointed under the
provisions of " The Sanitary Boards Enactment, 1916."
PART II.
IMPROVEMENT SCHEMES.
3. Subject to the provisions of this Enactment, every Sanitary Powers of
Board shall, within the area subject to its control, have power loTrdsf
(a) to initiate, execute, and enforce improvement schemes
under this Enactment ;
(6) to administer for the purpose of such improvement schemes
such funds as may from time to time be put at its disposal
by the Government ; and
(c) to do all such things as may be necessary or proper for the
due discharge of any of the functions assigned to it by
this Enactment.
295
296
No. 23 OF 1917.
Matters to be
provided for in
improvement
schemes.
Power to carry
out a scheme in
concurrence
with property
owners.
Types of
Improvement
schemes.
4. An improvement scheme may provide for all or any of the
following matters :
(a) The acquisition, by purchase, exchange, or otherwise, of any
property necessary for or affected by the execution of
the scheme ;
(h) The relaying out of any land comprised in the scheme ;
(c) The redistribution of sites, to whomsoever belonging, which
are comprised in the scheme ;
{(1) The closure or demolition of dwellings, or portions of dwell-
ings, vmfit for human habitation ;
(e) The demolition of any building or portion of a building
which does not conform to the scheme ;
(/) The construction and reconstruction of buildings ;
(g) The sale, letting, or exchange of any property comprised in
the scheme ;
(h) The construction and alteration of streets and back lanes ;
(/) The draining, water supply, and lighting of streets so con-
. structed or altered ;
(j) The provision of open spaces for the benefit of any area
comprised in the scheme or of any adjoining area, and
the enlargement of existing open spaces and approaches ;
(k) The sanitary arrangements required for the area comprised
in the scheme ;
(/) The provision of accommodation for persons displaced or
likely to be displaced by the execution of the scheme ;
(m) The advance of money for the purposes of the scheme ;
(n) The provision of facihties for communication ;
(o) Any other matter for which, in the opinion of the Resident
of the State in which the area comprised in the scheme
is situate, it is expedient to make jjro vision with a view
to the improvement of such area or to the general efficiency
of the scheme.
5. (i) An improvement scheme may provide for the scheme or
any part thereof being carried out by, or with the concurrence of,
the owners of any properties comprised in the scheme under the
superintendence and control of the Sanitary Board and upon such
terms and conditions as may be embodied in the scheme.
(ii) Where provision is made in any scheme for the acquisition
of any property for the purpose of the scheme, the Sanitary Board
may, in lieu of such acquisition, agree with the oAvner of the property
to be acquired that the scheme or any part thereof shall, so far as it
relates to such property, be carried out by such owner under the
superintendence and control of the Sanitary Board upon such terms
and conditions as may be agreed upon.
6. An improvement scheme shall be of one of the following types
or may combine any two or more of such types or of any special
features thereof — that is to say :
TOWN IMPROVEMENT. 297
(a) A general improvement scheme ;
(6) A redistribution scheme ;
(c) A rebuilding scheme ;
{d) A street scheme ;
(c) A back lane scheme ;
(/) A building scheme.
7. Whenever it appears to anj^ Sanitary Board that, mthiii the General
. ^^ ^ improvement
area subject to its control, scheme.
(a) any buildings which are used, or are intended or likely to
be used, as dwelling places are unfit for human habitation,
or
(6) danger to the health of the inhabitants of buildings in any
area or in any neighbouring building is caused by
(1) the narroA\Tiess, closeness, and bad arrangement
and condition of streets or buildings or groups of
buildings in such area, or
(2) the want of light or ventilation or proper conveni-
ences in such area, or
(3) anj' other sanitary defects in such area,
and that the most satisfactory method of dealing with the evils
connected with such buildings and the sanitary defects in such area
is a general improvement scheme, the Board may pass a resolution
to the effect that such area is an insanitary area and that a general
improvement scheme ought to be framed in respect of such area
and may then proceed to frame such a scheme,
8. (i) In any case in which any Sanitary Board shall be of opinion Redistribution
that in connection with any improvement scheme it is desirable to ^'^ ^''™^'
make arrangements for a redistribution of sites, it may frame a
scheme (herein called a " redistribution scheme ") for the said
purpose.
(ii) A redistribution scheme shall, so far as practicable, and
subject to the requirements of special cases, be based upon the
following principles :
(a) The amalgamation, for the purpose of the redistribution, of
all sites, whether the same be State land or land owned
or held, mider whatsoever title, by any person, together
with all roads, streets, or other open spaces dedicated to
public use or customarily used by the public ;
(b) The allotment of an equivalent area in respect of such
roads, streets, and open spaces, together with such addi-
tional area as may be necessary for the purpose of forming
roads, streets, and open spaces for the service of the
redistributed sites ;
(c) The assignment to each site owner of a site equivalent or
proportionate in extent and value, or both combined, to
his original site ;
298 No. 23 OF 1917.
(d) The preservation to each site owner of such special advan
tages in the way of position, frontage, or otherwise as
were attached to his original site ;
(e) The concentration of all sites belonging to the same owner
into a single site.
(iii) The owner of any site which by virtue of the smallness of its
extent would under the scheme be rendered useless as a building
site may call upon the Board to acquire such site, and the same shall
in such case be acquired.
(iv) A redistribution scheme may provide for
(a) the demolition of any building the continued existence
whereof would be inconsistent with the scheme ;
(b) the payment of compensation in respect of such demolition,
or, alternatively, the advance to the owner, upon such
terms and conditions as to interest and otherwise as may
be prescribed in the scheme, of such sum as may be
necessary to assist him to erect another building upon
the site defined as belonging to him under the scheme
and, if he shall so require, a further sum not exceeding
one year's rental of the demolished building ;
(c) the extinction of any existing easement and the provision
of any new easement necessary for the enjoyment of any
site assigned to any owner under the scheme ;
(d) the payment of compensation to any individual owner for
any special disadvantage in the site assigned to him under
the scheme ;
(e) the payment of an equivalent by any individual owner in
respect of any special advantage in the site assigned to
him under the scheme, and the disposal of the sum so
paid ;
(/) the acquisition of any site, or part of a site, the acquisition
of which would facilitate the execution or the operation
of the scheme.
(v) All sums advanced under paragraph (b) of sub-section (iv)
shall be recoverable in the same manner and by the same process
as a rate and in such number of annual instalments as may be
specially provided in the scheme.
Rebuiiijing 9. (i) Where after the passing of a resolution under Section 7 to
the effect that any area is an insanitary area the Sanitary Board
shall further resolve that, regard being had to the comparative
value of the buildings in such area antl of the sites upon wliicli
they arc erected, the most satisfactory method of dealing with the
area or any part thereof is a rebuilding scheme, it shall frame a
scheme in accordance with the provisions of this section and shall
serve notice of such resolution upon the owners or reputed owners
of all properties to be comprised in the scheme.
(ii) A rebuilding scheme may provide for
(a) the reservation of streets, back lanes, and open spaces and
the enlargement of existing streets, back lanes, and open
scheme.
TOWN IMPROVEMENT. 299
spaces, to such an extent as may be necessary for the
purposes of the scheme ;
(b) the relaymg out of the sites of the area upon such streets,
back lanes, or open spaces so reserved or enlarged ;
(c) the payment of compensation in respect of any such reser-
vation or enlargement, and the construction of the streets,
back lanes , and open spaces so reserved or enlarged to the
extent and in the manner hereinafter jDrovided ;
{(l) the demolition without compensation of the existing build-
ings and their appurtenances by the owners, or by the
Sanitary Board in default of the owners, and the erection
of buildings bj^ the said owners, upon the sites as defined
vmder the scheme, in accordance with the scheme ;
(e) the advance to the owTiers, upon such terms and conditions
as to interest and othermse as may be prescribed in the
scheme, of such sums as may be necessary to assist them
to erect new buildings in accordance with the scheme
and, if any owner shall so require, a further sum not
exceeding one year's rental of the original building
belonging to such owner ;
(/) the acquisition of any site or building, or part of a site or
building, included in the area comprised in the scheme ;
(g) the exemption of any site or building from the operation
of the scheme.
(iii) In any case in which under sub-section (ii) any street is
reserved or enlarged to the extent of not less than forty feet in
width, or in which any open space is reserved or enlarged for the
purjDose of the scheme, compensation shall be payable to the oA\iiers
of all sites the area of which shall be prejudicially affected by such
reservation or enlargement, and every such street or open space
shall be constructed by the Sanitary Board. In the case of all
other reservations or enlargements the street or lane so reserved
or enlarged shall be deemed to be dedicated to pubUc use by the
owners of the sites in which it is situated, or by the owners of the
sites comprised in the scheme collectively, and every such street
or lane shall be constructed by the Board.
(iv) The owner of any building comprised in the scheme who
shall satisfy the Sanitary Board that arrangements for the proper
scavenging and draining of the building are reasonably practicable
and that none of the inhabited rooms of the building is unfit for
human habitation may, at any time within one month after being
served with a notice under sulD-section (i), require the Board either
to acquire the site on which the building stands or to exempt such
site or building from the operation of the scheme.
(v) Where the demolition of any building is undertaken by the
Board in default of the owner under sub-section (ii) (d), the materials
of the demolished building may be appropriated by the Board or
sold to defray the expense of the demolition.
(vi) When the sanction of the High Commissioner to a scheme
under this section shall have been notified in the Gazette in accordance
300
No. 23 OF 1917.
street scheme
Back lane
scheme.
with Section 16, then upon such date as may in each case be specified
in the scheme in that behalf all leases and all rights of occupancy,
not" being leases or rights granted or created by the Government,
with respect to any site or building comprised in the area shall,
except in the case of a site or building exempted from the operation
of the scheme, be deemed to be terminated.
Provided that any lessee under a lease so terminated shall be
entitled to claim from his lessor an equivalent lease in respect of
any site defined as belonging to such lessor under the scheme and,
if the lease includes a building, of the building to be erected upon
the site so assigned, or at the option of the lessor to compensation
in respect of the unexpired term of the original lease upon the
basis of the value of the original lease.
(vii) All sums advanced in pursuance of any scheme framed under
this section shall be recoverable in the same manner and by the
same process as a rate and in such number of annual instalments
as may be specially provided in the scheme.
10. (i) Whenever any Sanitary Board is of opinion that, for the
purpose of providing building sites or of remedying the defective
ventilation of any part of the area subject to its control or of
creating new or increasing the existing means of communication
and facilities for traffic between various parts of the said area or
for improving or extending the amenities of the said area, it is
expedient to form new public streets or thoroughfares or to alter
existing public streets or thoroughfares in any part of the said
area, it may frame a scheme (herein called a " street scheme")
accordingly.
(ii) A street scheme may, witliin the limits of the area comprised
in the scheme, provide for
{a) the acquisition of any land which will, in the opinion of
the Sanitary Board, be necessary for the execution of
the scheme ;
(6) the relaying out of all or any of the lands so acquired,
including the construction and reconstruction of buildings
and the laying out, construction, and alteration of streets
and thoroughfares ;
(c) the draining, water supply, and lighting of streets and
thoroughfares so laid out, constructed, or altered ;
(d) the raising, lowering, or reclamation of any land which is
State land or which is to be acquired for the purposes
of the scheme ;
((') the formation of open spaces for the better ventilation of
the area comprised in the scheme ;
(/) the acquisition of any land adjoining any street, thorough-
fare, or open space to be formed under the scheme.
11. (i) Where a Sanitary Board is of opinion that any part of the
area subject to its control which is in whole or in part occupied,
or likely to be occupied, by buildings should be provided with back
lanes for the scavenging of the same, it may frame a scheme (herein
TOWN IMPROVEMENT. 301
called a " back lane scheme ") for the purpose of providing back
lanes of a width not less than ten feet and not exceeding twenty
feet for such area.
(ii) For the purpose of any such scheme there shall be acquired
(a) any land covered with buildings which it is necessary to
acquire for the purpose of providing access to any
proposed back lane from any existing street or back
lane ; and
(b) any other land covered with buildings situated within the
lines of the proposed back lanes.
No compensation shall be payable in respect of any other land
within the lines of the proposed back lanes, but all such land shall
be deemed to be dedicated by the owners for the purpose of the
proposed back lanes.
(iii) Where the acquisition of any land within the lines of the
proposed back lanes (not being land required for the purpose of
providing access from any existing street or back lane), or the setting
apart of any land for the purpose of the back lanes, Avould cause a
severance of land held by any person under grant or Government
lease from other land held by the same person under the same title,
no compensation shall be paid for such severance ; but if any portion
of the land so severed shall have been rendered useless as a building
site on account of the severance, and if the owner so requires, such
portion shall also be acquired.
(iv) The construction of the proposed back lanes shall be under-
taken by the Sanitary Board and the cost of the acquisition of any
land required for such back lanes and the cost of such construction
shall be apportioned by the Board among the several owners of the
land served by the said back lanes in such manner as may be deter-
mined in the scheme, and the share of the cost so apportioned to
any owner shall be due from him and shall be recoverable in the
same manner and by the same process as a rate.
(v) When any back lane is formed under this Enactment, the
owner of any premises abutting on such back lane, and the owner of
any premises adjacent to such back lane who enjoys a right of way
thereto, shall provide to the satisfaction of the Board a means of
access and egress to and from his premises from and to such back lane
for scavenging purposes ; and if the OAvner fails to provide the same
within a reasonable time, the Sanitary Board or any officer autho-
rized by it in that behalf may enter the premises and do whatever may
be necessary to provide the same, and the amount of the expenses so
incurred shall be recoverable from the owner in the same manner and
by the same process as a rate.
12. (i) Whenever any Sanitary Board is of opinion that any land Building
within the area subject to its control is in course of development or is scheme.
likely to be used for building purposes, it may frame a scheme
(herein called a " building scheme ") shewing the streets, back lanes,
and open spaces which it deems necessary to secure proper sanitary
conditions, amenity, and convenience in connection with the la\4ng
out and use of such land and of any neighbouring lands.
302 No. 23 OF 1917.
(ii) A scheme nnder this section may provide for the demarcation
by the Board of such streets, back lanes, and open spaces, and for all
or any of the following matters — viz. :
(a) The levels of the streets and back lanes ;
(b) The line of building frontage ;
(c) The mode of drainage of the streets and back lanes ;
(d) The rounding of the corners of the streets.
(iii) After the sanction of the High Commissioner to a scheme
under this section shall have been notified in the Gazette in accordance
with Section 16, every person who, within the area comprised in the
scheme,
(a) lays out or constructs, or commences to lay out or construct,
any street or back lane or
(6) erects, or commences to erect, any building
otherwise than in accordance with the scheme shall be guilty of an
offence and liable on conviction to a fine not exceeding five hundred
dollars, and the Court of a Magistrate of the First Class may,
on the application of the Chairman of the Sanitary Board Avhich
framed the scheme, make an order requiring the owner of the street,
back lane, or building to alter such street, back lane, or building
so as to bring the same into accordance with the scheme or to
demolish such building.
(iv) If such order be not complied with, the Court of a Magistrate
of the First Class may authorize the Board to carry out the order and
to recover the expenses thereby incurred from the owner of the street
or building, and such expenses shall thereupon be recoverable in the
same manner and by the same process as a rate.
Procedure on 13. (i) Upon the Completion of the preparation of an improve-
a°scheme°" "' mcnt schcmc the Chairman of the Sanitary Board by which the same
was framed shall
(a) publish in one issue of the Gazette a notification, and during
three consecutive weeks in one or more of the newspapers
circulating in the district in which the area comprised in
the scheme is situate an advertisement, stating the fact
of such scheme having been prepared, si:)ecifying the area
for which it has been prepared and naming a place where
a copy of the scheme may be seen, and
(b) serve a notice on every owner or reputed owner of any land
or building included in the scheme and on every registered
chargee, caveator, and person interested or believed to
be interested in such land or building stating that such
scheme has been prepared and requiring him to signify
to the Chairman his assent or dissent in respect thereof
within three months from the date of service.
(ii) After compliance with the provisions of sub-section (i) and
the signification of assent or dissent in reply to the notices served
thereunder or the expiration of the period within which such assent
or dissent is required to be notified, as the case may be, the Sanitary
Board shall forward to the Resident of the State a copy of the scheme
TOWN IMPROVEMENT. B03
together with the names of the OAvners and reputed owneTs and
persons interested, if any, who have signified their dissent from
the scheme.
(iii) If on consideration of the scheme and on proof of due
compliance with all matters prescribed in sub-sections (i) and (ii) the
Resident thinks fit to proceed with the scheme, he shall give to every
person who has signified his dissent from the scheme and to the
Board an opportunity of being heard, in the case of the Board by a
person appointed by it in that behalf or by advocate and in the case
of the person dissenting either in person or by advocate.
(iv) If upon the application of the Board or of the OAvner of any
land affected by the scheme the Resident thinks fit to introduce any
modification into the scheme, he shall give to every owner or reputed
owner of any land or building which would be affected by such
modification and to every person known or believed to be interested
therein and to the Board an opportunity of being heard in respect of
the same in the mamier prescribed in sub-section (iii), and may
thereafter at his discretion adoj)t or reject such modification.
(v) After hearmg the Board and all persons entitled to be heard
under the provisions of sub-sections (iii) and (iv) who attend and
desire to be heard the Resident, if he approves the scheme A^ath or
without modifications, shall publish in the Gazette a notification, and
in one or more of the newspapers circulating in the district in which
the area comprised in the scheme is situate an advertisement, stating
that he has approved the scheme, Avith or without modifications, as
the case may be, and naming a place where a copy of the scheme as
approved may be seen.
14. (i) Every improvement scheme which has been approved by submission of
the Resident of a State shall be submitted for sanction to the High IngTcommi^.
Commissioner. sioner.
(ii) Every submission for sanction shall be accompanied by
(a) a description of, and full jiarticulars relating to, the scheme
and estimates of the cost of executing the same and
particulars as to the manner in which such cost is to be
met or recouped ;
(6) a statement of the names of the owners and reputed owners
of, and persons interested in, any land or building affected
by the scheme who have signified dissent from the scheme
and of the grounds of such dissent ; and
(c) a statement of the reasons for any modifications introduced
into the scheme by the Resident.
15. (i) The High Commissioner may sanction or may refuse to sanction by
sanction any improvement scheme submitted to him, or he may refer oomm'issioner.
any such scheme for further consideration to the Resident by whom
the same was approved.
(ii) Sanction to any such scheme may be given either absolutely
or subject to such conditions and modifications as the High
Commissioner may think fit.
304
No. 23 OF 1917.
Notification of
sanction and
effect tbereof.
Alteration of
scheme after
sanction.
(iii) Where the Resident uidoii further consideration of a scheme
referred to him under sub-section (i) thinks fit to introduce any
modification into the scheme, the same procedure shall be followed as
is prescribed l>y Section 13 with respect to modifications, and where
any modification is adopted notice thereof shall be published in the
manner prescribed by Section 13 (v).
16. (i) The sanction of the High Commissioner to an improvement
scheme shall be announced by notification in the Gazette and upon
the publication of such notification the Board which framed the
scheme shall take measures for its execution.
(ii) A scheme so sanctioned may be carried into execution
notwithstanding the terms of any caveat lodged in respect of land
under " The Registration of Titles Enactment, 1911," or " The
Land Enactment, 1911."
17. At any time after a scheme has been sanctioned and before it
has been completely carried into execution the High Commissioner,
on proof to his satisfaction that an improvement can be made in the
details of the scheme, may modify the scheme accordingly.
Provided that before anj^ such modification is adopted every
owner or reputed owner of, and person known or believed to be
interested in, any land or building which would be affected by such
modification shall be given an opportunity of being heard in such
manner as may be directed by the High Commissioner.
Representation
by Health
Officer.
Board may
make order for
demolition.
PART III.
OBSTRUCTIVE BUILDINGS.
18. If the Health Officer to any Sanitary Board finds that any
building mthin the area subject to the control of the Board, whether
in itself unfit for habitation or not, is so situate by reason of its
proximity to or contact with any other building or buildings that it
causes one of the following effects — that is to say,
(a) it stops or impedes ventilation or otherwise makes, or
conduces to make, such other building or buildings, or
any part of such building or buildings, to be in a condition
unfit for human habitation or dangerous or injurious to
health ; or
(/>) it prevents proper measures from being carried into efl'ect
for remedying any nuisance injurious to health or other
evils complained of in respect of such other buildings,
the Health Officer shall represent to the Sanitary Board the
particulars relating to such first-mentioned building (herein referred
to as an " obstructive building "), stating that in his opinion it is
expedient that the obstructive building or any part thereof should be
demolished.
19. (i) The Board on receiving any such representation as is in
Section 18 mentioned
(a) shall cause a report to be made to it respecting the
circumstances of the building and the cost of demolishing
the building or part thereof and acquiring the land, and
TOWN IMPROVEMENT. 305
(b) on receiving such report shall take into consideration the
representation and the report and,
(c) if it decides to proceed, shall cause a copy of both the repre-
sentation and the report to be given to the owner of the
land on which the obstructive building stands with notice
of the time and place appointed by the Board for the
consideration thereof.
(ii) The owner of the land shall be at liberty to attend at the time
and place notified and state his objections, and after hearing such
objections the Board shall make an order either allowing the objec-
tions or directing that such obstructive building or part thereof be
demolished. Notice of such order shall be served upon the owner of
the land.
(iii) Any owner aggrieved by an order of the Board under this
section may within fourteen days after notice of the order shall have
been served upon him appeal to the Resident of the State, and no
work shall be done nor proceedings taken under such order until after
the appeal has been determined. At the hearing of the appeal by the
Resident the owner aggrieved may be heard personally or by
advocate and the Board may be heard by a person appointed by it in
that behalf or by advocate. The decision of the Resident on the
hearing of any such appeal shall be final.
20. Where an order is made under this Part for the demolition of Acquisition
an obstructive building or part of a building and either no appeal is obstructive
made against the order or an appeal is made and fails or is building.
abandoned, the land on which the obstructive building or part of a
building stands may be acquired.
21. The owner of any land which it is proposed to acquire in Notice by
pursuance of Section 20 may, within one month after notice of the t^reltainlaid!
proposed acquisition has been served upon him, inform the Board
that he desires to retain such land and undertake either to demolish
the obstructive building or part of a building standing thereon or to
permit the Board to demolish it, and in such case the owner shall be
entitled to retain the land and shall receive compensation from the
Board for the demolition of the building or part of a building,
22. (i) Where in the opinion of the Sanitary Board which has Apportionment
ordered the demolition of an obstructive building or part of a build- ° ^ ^™'^" '
ing such demolition adds to the value of such other buildings as are
in that behalf mentioned in Section 18, the Board shall, after service
of notice upon the owners of such other buildings and after giving
them an opportunity of being heard, apportion among such other
buildings, respectively, so much of the compensation to be paid for
the demolition of the obstructive building or part of a building as
may be equal to the increase in value of such other buildings.
(ii) Every sum apportioned upon a building under this section
shall be recoverable in the same manner and by the same process as
a rate.
(iii) Any person aggrieved by an apportionment under this section
may appeal to the Resident of the State, and the decision of the
Resident shall be final.
Tii— 20
306
No. 23 OF 1917.
Interpretation
of " dwelling-
house."
Closing order
by Magistrate.
Marking of
closed premises.
Offences.
PART IV.
INSANITARY DWELLINGS.
23. In this Part, unless the context otherwise requires, the
expression " dwelling-house " includes any habitable room forming
part of a dwelling-house, and all the provisions of this Part shall
apply to any such room in the same manner as to an entire dwelling-
house.
24. (i) If on the representation of the Health Officer to any
Sanitary Board or on other information given any dwelling-house
used for human habitation appears to the Sanitary Board to be
unfit for human habitation, it shall be the duty of the Chairman to
apply to the Court of a Magistrate of the First Class to make an
order (herein referred to as a " closing order ") prohibiting the use
for human habitation of such dwelling-house until such dwelling-
house has been rendered fit for that purpose, and such Court, after
giving the owner of the dwelling-house an opportunity of being
heard, shall have power to make such order accordingly.
(ii) When a closing order has been made, the Chairman shall
cause to be affixed in a conspicuous place on the dwelling-house a
notice requiring all persons occupying such dwelling-house to quit
the premises within such period, not being less than seven days, as
may be specified in the notice.
(iii) Subject to any order made on appeal, a closmg order shall
become operative, notwithstanding any appeal that may be lodged
against it, on the exjDiration of the period fixed by such notice, or,
if the dwelling-house to which the order relates be earlier vacated,
then from the date when it is so vacated, or if the dwelling-house is
vacant on the date when the order is made, then on the date of the
order.
(iv) The Court of a Magistrate of the First Class may cancel a
closing order if satisfied that the dwelling-house in respect of
which the same was made is, or has been rendered, fit for human
habitation.
25. (i) Where a closing order has been made under this Part, the
Chairman of the Sanitary Board may cause to be conspicuously
marked upon the door of the dwelling-house in respect of which
such closing order has been made such words or letters in English,
Malay, Chinese, or Tamil as will indicate that such dwelling-house
is unfit for human habitation.
(ii) No person shall, while the closing order continues operative,
remove, deface, or obscure any words or letters so marked.
26. (i) Any person, who, while a closing order is operative in
respect of any dwelling-house, shall lease or let such dwelling-house
for the purpose of human habitation, or allow such dwelling-house
to be used for human habitation, shall be guilty of an offence and
liable on conviction to a fine not exceeding twenty dollars for each
day on which such dwelling-house shall be inhabited.
(ii) Any person, who, while a closing order is operative, shall
remove, deface, or obscure any words or letters marked upon any
TOWN IMPROVEMENT. 307
door under Section 25 shall be guilty of an offence and liable on
conviction to a fine not exceeding fifty dollars and for a second or
subsequent offence of the same kind to imprisonment for a term
not exceeding six months.
(iii) Any person inhabiting a dwelling-house in respect of which
a closing order has been made who shall, after such closing order
becomes operative, continue to inhabit such dwelling-house, and
any person who after a dwelling-house has been vacated under a
closing order shall, while such closing order continues operative,
inhabit such dwelling-house, shall be guilty of an offence and liable
on conviction to a fine not exceeding ten dollars for each day on
which he shall inhabit such dwelling-house.
27. Where a closing order has remained operative for a period of order by
three months, the Board shall take into consideration the question demoHtkmV""^
of the demolition of the dwelling-house and, if it is satisfied
(a) that the dwelling-house has not been rendered fit for human
habitation and that the necessary steps are not being
taken with all due diligence to render it so fit, or
(b) that it is dangerous or injurious to the health of the public
or of the inhabitants of the neighbourmg dwelling-houses,
may direct the Chairman to make a complaint to the Court of a
Magistrate of the First Class, and such Court, after giving the
owner of the dwelling-house an opportunity of being heard, may
make an order for the demolition of such dwelling-house within a
time to be specified in such order. The order may also contain a
direction that the materials of the dwelling-house be destroyed.
28. Where an order for the demolition of a dwelling-house has Execution of
been made, the owner thereof shall within the time specified in such ^e,noUUon.
order take down and remove the dwelhng-house and, if the order
for demolition so directs and to the extent therein mentioned,
destroy the materials thereof ; and if the owner fails therein, the
Board shall proceed to take dowii and remove the dwelling-house
and, if the order for demolition so directs and to the extent therein
mentioned, destroy the materials and may recover the cost of such
work from the owner in the manner prescribed in Section 48 of
" The Sanitary Boards Enactment, 1916."
29. An appeal shall lie to the Court of a Judicial Commissioner Appeal against
against any closing order or order for the demolition of a dwelling- or°derfo°r'"^'"' "^
house made under this Part, and the procedure prescribed for demolition.
appeals to the said Court in criminal matters shall, so far as the
same may be applicable, apply to such appeal. The decision of
the Court of a Judicial Commissioner in the matter of any such
appeal shall be final.
PART V.
ACQUISITION AND COMPENSATION.
30. Where for the purposes of this Enactment any land is to be Acquisition
acquired and the amount of the compensation to be paid in respect P''o°««<ii°s^-
thereof has not been settled by agreement, the Resident of the
State in which the land is situate may declare that the land is
308
No. 23 OF 1917.
Compensation
other than for
land.
Special pro-
visions for
determining
compensation
for land.
Cancellation of
oM, and issue
of new,
documents of
title when land
Is redistributed
or relaid out
under a scheme.
needed for a public liurj^ose and thereupon such land may be
acquired in the manner provided in Part VII of '" The Land Enact-
ment, 1911."
31. Where compensation is payable under this Enactment
otherwise than in respect of the acquisition of land, such compensa-
tion shall be assessed as nearly as may be in the manner provided
in Part VII of " The Land Enactment, 1911."
32. In determining the amount of compensation to be awarded
in respect of any land acquired under this Enactment
(a) the estimate of the value of the land shall be based on the
fair market value thereof at the date of the first publica-
tion of the advertisement of the improvement scheme
under Section 13, due regard being 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 repair thereof, without any additional allow-
ance in resj)ect of the compulsory nature of the acquisition ;
(6) no improvement of the land acquired and no addition to or
improvement of any building thereon made after the
date of the first publication of the advertisement of the
improvement scheme under Section 13 shall (unless such
addition or improvement was necessary for the mainte-
nance of the building in a proper state of repair or unless
it w^as carried out under the special written authority of
the Chairman) be included, nor in the case of any interest
acquired after the said date shall any separate estimate
of the value thereof be made so as to increase the amount
of compensation ;
(o) regard shall be had to any increase in the value of anj'
other land belonging to the person interested likely to
accrue from the acquisition of the land ; and
(d) the amiual rent of any building or land shall not be deemed
to be greater than the annual value of the same as assessed
under the provisions of '' The Sanitary Boards Enactment,
1916 " ; provided that, where any addition or improve-
ment has been made to am^ building or land after the
date of the last assessment made under the said Enactment
and previous to the date of the first publication of the
advertisement of the improvement scheme under Section
13, regard may be had to any increase in the letting value
of the building or land due to such addition or improve-
ment.
PART VI.
MISCELLANEOUS PROVISIONS.
33. (i) Upon the publication in the Gazette of the sanction of the
High Commissioner to any scheme providing for a redistribution
of sites or a relaying out of sites, then, excejjt in so far as the scheme
may provide to the contrary.
TOWN IMPROVEMENT. 309
(a) all land comprised in the scheme which is required by the
scheme to be redistributed or relaid out shall for the
purposes of such redistribution or relaying out be deemed
to be State land and all right, title, and interests in respect
thereof which were theretofore vested in any person shall
be extinguished, and the documents of title under which
such land was held shall be forthwith delivered up at the
Land Office of the district in which the area comprised
in the scheme is situated in order that the same may be
cancelled ; and
(6) the Resident of the State shall issue to the several persons
amongst whom the said land is redistributed or relaid
out under the scheme such new grants, leases, or other
documents of title as may be necessary in order that
they may hold the sites assigned to them, respectively,
under the scheme upon the same terms and conditions
and for the same interests on and for which they severally
held their original sites immediately prior to the publica-
tion of the said sanction in the Gazette.
(ii) Every new document of title issued to any person in pursuance
of the scheme and of this section shall, except in so far as the scheme
may provide to the contrary, be subject to the same charges or other
incumbrances, trusts, and restrictions, if any, Avhereto the document
of title in lieu whereof such new document of title has been issued
to such person was subject immediately prior to the publication
of the said sanction in the Gazette, and so that chargees and other
incumbrancers or persons (other than the OAvners) who were immedi-
ately prior to the publication of the said sanction in the Gazette
interested in land which is redistributed or relaid out under the
scheme shall, except as aforesaid, have, as nearly as may be, the
same remedies and rights against and in the land held by any
person under a new document of title issued in pursuance of the
scheme and of this section as they severally had against and in
the land held by such person under the document of title in lieu
of Avhich such ncAV document of title has been issued.
(iii) The Registrar of Titles or Collector, as the case may be, for
the district in Avhich the area comprised in the scheme is situated
shall perform all such acts and make such entries in the books of
his office as may be necessary to give effect to the provisions of this
section.
(iv) The Resident of the State may, in the case of any act of
registration or record required to be performed under the provisions
of this section, remit at his discretion any fee prescribed to be paid
therefor.
(v) Any person who without reasonable excuse shall fail or
neglect to deliver up at the Land Office any document of title
required by the provisions of this section so to be delivered up
shall be guilty of an offence and liable on conviction to a fine not
exceeding five hundred dollars.
(vi) Any person who shall dishonestly and fraudulently use any
document of title to land after the right, title, or interests purporting
310
No. 23 OF 1917.
Sums to be
charged on
land.
Itnijositiou of a
rate.
to be evidenced by such document have been extmguished by the
operation of this section sliall be deemed to have committed or to
have attempted to commit the offence defined in Section 415 of
the Penal Code.
34. (i) Every sum which by this Enactment is declared to be
recoverable in the same manner and by the same process as a rate
shall be a charge upon the land in respect of which it is due and
shall, notwithstanding anything contained in any Enactment relat-
ing to the registration of title to land, take priority of all other
charges or incumbrances affecting such land not being charges or
incumbrances in favour of the Government of the Federated Malay
States or of any of them or the Chief Secretary to Government or
the Resident of a State.
(ii) Every such sum shall be collected by the Sanitary Board
exercising control within the area in which such land is situate as
if such sum were a rate imposed under Section 12 of " The Sanitary
Boards Enactment, 1916."
(iii) So soon as any sum becomes under this section a charge on
land the title whereto is registered in any Registry of Titles or
Land Office, the Resident of the State wherein such land is situate
may certify such sum under his hand and official seal together
with particulars of the document or documents of title to the land
whereon such sum is charged, and the Registrar of Titles or Collector,
as the case may be, shall on production to him of such certificate
record the charge in the Register, and shall on production to him
thereafter of a certificate under the hand and official seal of the
Resident that the sum so charged has been paid or that the charge
has been otherwise satisfied make an entry in the Register that
the charge is discharged.
(iv) A Sanitary Board to which any such sum is due may in its
discretion, with the approval of the Resident of the State, in lieu
of enforcing the immediate pajniient of the amount due, take
engagements from the owner of the land or building in respect of
which the sum is due for the payment by instalments of such sums
as will be sufficient to defray the whole amount due, with interest
thereon at the rate of six per cent, per annum, within a period not
exceeding twenty years, and such sums when due may be recovered
in the same manner and by the same process as a rate.
35. (i) Whenever expenditure is intended to be incurred in the
carrying out of an improvement scheme under this Enactment or
has in the carrying out of such a scheme been incurred and not
met or if met has not been recouped, then for the })ur})oso of meeting
or recouping such expenditure the Resident of the State in which
the area comprised in the scheme is situate shall, subject to the
approval of the Chief Secretary to Government, impose by notifica-
tion published in the Gazcffe in the year preceding the year in
respect whereof the rate is imposed a rate in respect of the next
following year, calculated from January to December inclusive,
upon all lands and upon all houses and buildings within such area
as aforesaid and within such additional area (if any) as may appear
notices and
orders.
TOWN IMPROVEMENT. 311
to the Chief Secretary to Government to be benefited or to be
likely to be benefited by the said scheme.
(ii) Such rate shall not exceed 5 per centum of the annual value
of the lands, houses, and buildings upon which it is imposed and
shall be payable by half-yearly instalments in advance without
demand by the owners of such lands, houses, or buildings in the
months of January and July in each year.
(iii) The said annual value shall be the armual value of the said
lands, houses, and buildings as from time to time determined under
" The Sanitary Boards Enactment, 1916," and the said rate shall
be assessed and collected by the Sanitary Board which framed the
scheme in respect of which the same is payable as if the said rate
were a rate imposed under Section 12 of the said Enactment.
36. Where any notice or order is required by this Enactment to service of
be served on the owner or reputed owner of any land or building,
such notice or order addressed to the owner may be served in
manner following — that is to say :
(a) If the owner or reputed owner of such land or building be
within the State wherein such land or building is situate,
the notice or order may be delivered to him or left with
some adidt member of his family (other than a servant)
residing with him within such State ;
{b) If the notice or order cannot be served in the manner
described in clause (a) or if the owner or reputed owner
be not resident within the State wherein the land or
building 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 ;
(c) If the notice or order ca.nnot be served in the manner
described in clause (a) or clause (h) or if there be no known
or reputed OMOier of such land or building, the order may
be put up on some conspicuous, place on the said land
or building.
ENACTMENT NO. 26 OF 1917.
An Enactment to provide means for the protection of
Lands from the inroad of Silt and other matter.
Arthur Young,
President of the Federal Council.
[30th November, 1917.
7th December, 1917.]
Short title and
commence-
ment.
luterpretation.
Notice to shew
cause against
order.
Appearance to
shew cause.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Silt (Control) Enact-
ment, 1917," and shall come into force on the publication thereof
in the Gazette.
2. (i) In this Enactment the expression " the Resident " means
with reference to any land and to matters concerning any land the
Resident of the State wherein such land is situate ; the expression
" State land " has the meaning assigned thereto in " The Land
Enactment, 1911 " ; and where reference is made to land owned
by any person or to owners of land, such reference includes land
leased to any person and the lessee of land so leased and land
occupied under authority granted in pursuance of Rule 5 of " The
Land Rules, 1904," and the occupier of such land.
(ii) Nothing in this Enactment contained refers to land held
under mining lease or other mining title.
3. (i) Whenever it appears to the Resident of a State on grounds
to be recorded by him in writing that earth, mud, or silt from land
in such State owned by any person has caused or is likely to cause
damage to other land or has interfered or is likely to interfere with
the due cultivation of other land, the Resident may by notice
served upon the owner of such first mentioned land require him
to sheAV cause, at a time and place to be stated in the notice, why
an order should not be maxle under this P]nactment prohibiting
him from doing, or requiring him to do, any act or thing which may
under Section 6 be prohibited or required to be done.
(ii) The notice to the owner shall contain particulars sufficient
to identify the land in respect of which an order is proposed to be
made and shall refer to the document of title under which the
same is held.
4. Any owner of land who is required to shew cause why an
order under this Enactment should not be made in respect of such
land may attend and shew cause either in person or by his agent
duly authorized })y power of attorney in that behalf or by an
advocate and solicitor of the Supreme Court or, with the permission
312
SILT (control). 313
of the Resident, by any other person ; such agent, advocate, and
solicitor or other person as aforesaid is hereinafter referred to as
the representative of the owner. *
5. (i) If an owner of land who is required to shew cause as Procedure on
aforesaid attends in person or by representative at the time and appearance.
place stated in the notice, the Resident shall inform such owner
or his representative, as the case may be, of the grounds on which
it appears to him that earth, mud, or silt from land of such owner
has caused or is liliely to cause damage to other land or has inter-
fered or is likely to interfere with the due cultivation of other land
and shall, m the presence of such owner or his representative, make
any enquiry and take and record any evidence which the Resident
thinks necessary as to the facts and circumstances of the case and
shall hear and record the statement (if any) of such owner or his
representative and take and record the evidence of all persons
attending at the instance of such owner or his representative whom
such owner or representative desires to examine.
(ii) For the purpose of carrjdng out the provisions of this section
the Resident shall have the same powers of summoning and enforcing
the attendance of witnesses and of compelling the production of
documents and of adjourning proceedings from time to time as the
Court of a Magistrate has in civil suits.
*'o'-
6. (i) If an owner of land Avho is required to shew cause as Power to mate
aforesaid fails without reasonable excuse (to be allowed by the ofoniers!"''^"'^
Resident) to attend in person or by representative at the time and
place mentioned in the notice or having so attended fails to show
cause to the satisfaction of the Resident Avhy an order in respect
of the land referred to in the notice should not be made, the Resident
may in his discretion make an order in writing under his hand
(a) prohibiting, either absolutely or to such extent as may be
prescribed in the order, interference with or destruction
or removal of any trees, plants, undergrowth, weeds, or
grass within or from such parts of the said land as are
specified in the order ;
(h) requiring the making on the said land of drains and water-
courses, and the construction thereon of dams and retaining
walls, of such character and dimensions and in such
positions as are specified in the order ;
(c) requiring the doing on or in respect of the said land of any
act or thing which appears to the Resident likely to
prevent, and prohibiting the doing on or in resi^ect of
the said land of any act or thing which appears to the
Resident likely to facilitate, the passage of earth, mud,
or silt from the said land to other land.
(ii) Any order made under this section may prescribe the time
within which any work, act, or thing required by such order to be
made or done shall be completed.
7. (i) Any order made under Section 6 may be varied or revoked variation and
by the Resident by \\a'iting under his hand ; provided that no orders. '""^^
such order shall be varied so as to prohibit or require anything not
314
No. 26 OF 1917.
Operation of
orders.
Appeal.
authorized by Section 6 to be prohibited or required, or shall,
except with the express consent of the owner of the land in respect
whereof the order was made or of some person duly empowered so
to consent on behalf of the owner, be varied unless notice shall first
have been served upon such owner to shew cause why the order
should not be varied.
(ii) Such notice shall refer to the subsisting order and to the
date whereon the same was made and shall contain particulars of
the manner in which the same is proposed to be varied.
(iii) After service of such notice the procedure prescribed by
Sections 4 and 5 shall, subject to necessary modifications, apply ;
and the provisions of this Enactment applicable to an order made
under Section 6 shall apply also to any such order as varied under
this section,
8. Subject to the judgment of the appellate Court, every order
made under Section 6 shall after service thereof upon the owner of
the land in respect whereof the same is made be, so long as the
same remains unrevoked, binding upon all persons who are from
time to time registered in any Registry of Titles or Land Ofifice as
owner or owners of such land and upon all persons who arc from
time to time in lawful occupation thereof.
9. (i) From any order made under Section 6 an appeal shall lie
to the Court of a Judicial Commissioner ; provided that no such
appeal shall be brought after the expiration of ten days from the
time when the order appealed against was made. The obligation
to comply with an order made under Section 6 shall not be affected
by the fact of an appeal having been preferred against the order ;
but the appellate Court may for sufficient cause susj^end the
obligation.
(ii) For the purposes of an appeal under this section the pro-
visions of Chapter XL of the Civil Procedure Codes, 1902, relating
to appeals from original decrees, shall, subject to the provisions
of this section and to necessary modifications, apply, and the
Resident by Avhom the order appealed against was made, or such
public officer subordinate to the said Resident as he may appoint
in that behalf, shall be the respondent. Costs payable by the
respondent in any such appeal shall be defrayed from public funds.
The decision of the Court of a Judicial Commissioner shall be final
and there shall be no appeal therefrom.
10. Where any drain, water-course, dam, wall, or other work has
in pursuance of an order under Section G been made on any land,
all persons who are from time to time registered in any Registry
of Titles or Land Office as owner or owners of such land shall, so
long as such order remains unrevoked, at his or their own expense
maintain such work in good and efficient order to the satisfaction
of the Resident.
Record of orders 11. Where by virtuc of an order made under Section C any
in Register. prohibition or requirement is under this Enactment imposed on an
owner of land, the Resident may certify under his hand and official
seal the terms of the order and the particulars of the document or
Maintenance of
work.
SILT (control). 315
documents of title under which such land is held, and the Registrar
of Titles or Collector, 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 certificate enter in the said Register a
memorandum of the making of such order and shall file such
certificate ; and where any order of the making whereof a memo-
randum has been entered as aforesaid is varied or revoked or is
affected by a judgment of the appellate Court, such variation or
revocation or the effect of such judgment may in like manner be
certified and a memorandum thereof entered in the Register and
the certificate thereof filed.
12. (i) If any person who is by an order under or by any provision Penalty
of this Enactment prohibited from doing or required to do any act
or thing makes, without reasonable excuse, default in complying
with such prohibition or requirement, he shall be guilty of an
ofi^ence and liable on conviction to a fine not exceeding five thousand
dollars.
(ii) Notwithstanding anything in any other Enactment contained,
any penalty authorized by this section may be imposed by the
Court of a Magistrate of the First Class.
13. (i) If any person who is by an order under or by any provision Power to cause
of this Enactment required to do any act or thing makes default gfven to oraeis ;
in complying with such requirement, the Resident may cause such recovery of cost.
act or thing to be done by such persons and in such manner as
he may direct and the cost thereof shall be recoverable from the
person making default as aforesaid by the Resident, or any person
authorized in that behalf by the Resident, by civil suit.
(ii) Nothing in this section contained shall affect any liability of
any person to prosecution and punishment under Section 12.
14. Notices and orders issued and made in any State under this service of
Enactment may be served in manner following, and such service
shall be equivalent to personal service upon the person on whom
service is to be effected :
(a) if the person on whom service is to be effected be within
such State, the notice or order may be delivered to him
or left with some adult member of his family (other than
a servant) residing with him within such State ;
(6) if the person on whom service is to be effected have an
agent within such State duly authorized by power of
attorney to accept service on his behalf, the notice or
order may be delivered to such agent ;
(c) If service cannot be effected in the manner described in
clause (a) or clause (b) of this section, the notice or order
may be sent by registered post addressed to the person
on whom service is to be effected at his residence in any
part of the Federated Malay States or the Colony ;
(d) where service is to be effected on a corporation, the notice
or order may be
(1) left at the registered office (if any) of the corpora-
tion within such State ;
notices and
orders.
316 No. 26 OF 1917.
(2) delivered to any director, secretary, or other principal
officer of the corporation within such State or to
any person within such State duly authorized by
power of attorney to accept service on behalf of
the corporation, or to any person having, on behalf
of the corporation, powers of control or management
over the land to which the notice or order relates ;
(3) sent by registered post addressed to the corporation
at its principal office wherever situate ;
(c) if service cannot be effected in accordance with the preceding
clauses of this section, the notice or order may be put up
in a conspicuous position on the land to which it relates.
Private suits 15. Nothing in this Enactment contained shall debar any owner
not affected. ^j j^^^^^ ^^j^-^j^ -^ affectcd or likely to be affected by inroad of earth,
mud , or silt from other land from instituting any suit or proceedings
in respect thereof or shall relieve any person of any liability to
which he would have been subject if this Enactment had not been
passed ; provided that a person shall not be liable for any act or
omission, or the consequences of any act or omission, required by
an order under this Enactment to be done or omitted by hira.
ENACTMENT NO. 3 OF 1918.
An Enactment to provide for the regulation of Fire
Insurance Companies.
Arthur Young, [26th April, 1918.
President of the Federal Council. 3rd May, 1918.]
It is hereby enacted by the Rulers of the Federated Malay States
in Conncil as follows :—
PRELIMINARY.
1. (i) This Enactment may be cited as "The Fire Insurance short title,
Companies Enactment, 1918,'" and shall come into force on the and repeal"""''
publication thereof in the Gazette.
(ii) Upon the coming into force of this Enactment, Section 110
of " The Companies Enactment, 1917," relating to statements in
Form C in Schedule B to the said Enactment, shall be repealed
so far as it relates to fire insurance companies.
2. In this Enactment unless there is something repugnant in the street scheme.
context —
" Fire insurance business " means the issue of, or the undertaking
of liability under, policies of insurance against loss by or incidental
to fire ;
" Chairman " means the person for the time being presiding over
the Board of Directors or other governing body of a fire insurance
company, and includes any managing partner of a firm ;
" Director " includes any person acting in the position of director,
by whatever name called, and includes a partner of a firm ;
" Financial year " means each period of twelve months at the end
of which the balance of the accounts of the fire insurance company
is struck, or, if no such balance is struck, then the calendar year ;
" Registrar " means the Registrar of Companies ;
" Policy-holder " means the person who for the time being is the
legal holder of the policy for securing the contract with the fire
insurance company ;
" United Kingdom " means the United Kingdom of Great Britain
and Ireland, and the " Assurance Companies Act, 1909," means
the Act of the Parliament of the United Kingdom, 9 Edward 7,
chapter 49, and includes any amendment of the said Act for the
time being in force.
317
318
No. 3 OF 1918.
Companies to
which Enact-
ment applies.
Deposit.
COMPANIES TO WHICH ENACTMENT APPLIES.
3. (i) Save as hereinafter expressly provided, this Enactment
shall apply to all persons or bodies of persons, whether corporate or
unincorporate, which persons or bodies of persons are hereinafter
referred to as fire insurance companies, whether established before or
after the commencement of this Enactment and whether established
within or without the Federated Malay States, who carry on fire
insurance business within the Federated Malay States.
(ii) No company which does not keep its accounts in the English
language shall, without the permission of the Chief Secretary to
Government, carry on fire insurance business in the Federated
Malay States.
(iii) A company registered under " The Companies Enactment,
1917," or under " The Companies Enactment, 1897," of any of
the Federated Malay States, which carries on fire insurance business
in any part of the world, shall for the purposes of this section be
deemed to be a company carrying on such business within the
Federated Malay States.
DEPOSITS.
4. (i) Every fire insurance company shall deposit and keep
deposited with the Treasurer, Federated Malay States, or with an
agent appointed by him securities to be approved by the Chief
Secretary to Government to the value of one hundred thousand
dollars Straits Settlements currency, and the Treasurer, Federated
Malay States, shall hold all such securities in trust for the policy-
holders.
(ii) The interest accruing due on the securities so deposited shall
be paid to the company.
(iii) The deposit may be made by the subscribers of the memo-
randum of association of a company or any of them in the name of
a proposed company and uj)on the incorporation of the company
shall be deemed to have been made by, and to be part of the assets
of, the company, and the Registrar shall not issue a certificate of
incorporation of the company under " The Companies Enactments
1917," until the deposit has been made.
(iv) In the case of a company which is carrying on fire insurance
business within the Federated Malay States at the commencement
of this Enactment, it shall be sufficient if the deposit is made by the
30th day of June, 1918.
ACCOUNTS AND DOCUMENTS.
Accounts and 5. (i) Evcry fire insurance company shall at the expiration of each
balance-sheets, financial year prepare
(a) a revenue account for the year in the form set out in
Schedule A ;
FIRE INSURANCE COMPANIES. 319
(b) a profit and loss account in the form set out in Schedule B ;
(c) a balance-sheet in the form set out in Schedule C.
(ii) Every such account and balance-sheet shall, unless the Chief
Secretary to Government otherwise orders, be audited by an auditor
approved by the Chief Secretary to Government, who shall for the
purposes of Section 6 be deemed to be the company's auditor.
6. (i) Every such account and balance-sheet shall be printed, and Deposit of
a copy thereof signed by the company's auditor, by the chairman twtu^Re-istuir.
and two directors of the company and by the principal officer of the
com2:)any and, if the comjjany has a managing director, by the
managing director, shall be filed with the Registrar within six
months after the close of the period to which the account or balance-
sheet relates.
(ii) There shall be deposited with every revenue account and
balance-sheet of a company any report on the affairs of the company
submitted to the shareholders or policy-holders of the company in
respect of the financial year to which the account and balance-sheet
relate.
7. A printed copy of the last-deposited accounts and balance- Right of share-
sheet shall, on the application of any shareholder or policy-holder of cop'ierof'^'^°'' '"
the company, be forwarded to him by the company by post or accounts.
otherwise.
8. Where any notice, advertisement, or other official publication of Publication of
a fire insurance company contains a statement of the amount of the subscribed' and
authorized capital of the company, the publication shall also contain paid-up capital.
a statement of the amount of capital which has been subscribed and
of the amount paid up.
9. (i) Every unincorporate fire insurance company which at the Requirements
commencement of this Enactment has a place of business in the corporate
Federated Malay States or an agent in the Federated Malay States companiei.
appointed with the object of obtaining fire insurance business, and
every such company which after the commencement of this Enact-
ment establishes such a place of business withm the Federated
Malay States or appoints such an agent in the Federated Malay
States, shall, within three months from the commencement of this
Enactment or within one month from the establishment of such
place of business or the appointment of such agent, as the case may
be, file with the Registrar
(a) a certffied copy of the instrument defining the constitution of
the company or of its partnership agreement and, if the
instrument or agreement is not written in the English
language, a certified translation thereof ;
(b) a list of the shareholders or partners or, in the case of a
company established in the United Kingdom before the
year 1862, of the directors or managers of the company
with their addresses and occupations ;
320
No. 3 OF 1918.
(c) the names and addresses of some one or more persons
resident in the Federated Malay States authorized to
accept on behalf of the company service of process and any
notices required to be served on the company.
(ii) In the event of any alteration being made in any such
instrument or partnership agreement or in the list of the shareholders
or partners or of the directors or managers, as the case may be, or in
the names or addresses of any such persons as aforesaid, the company
shall within six weeks thereof file with the Registrar in the j)re-
scribed form, if any, particulars of such alteration.
(iii) Any process or notice required to be served on the company
shall be sufficiently served if addressed to any jjerson whose name has
been so filed as aforesaid and left at or sent by post to the address
which has been so filed.
Custody and
inspection o£
documents.
Evidence of
documents.
Alteration of
forms.
SPECIAL PROVISIONS RELATING TO ACCOUNTS AND
DOCUMENTS.
10. Every document required to be filed or deposited under this
Enactment with the Registrar shall be kept by the Registrar ; and
such documents shall be open to inspection, and copies thereof may
be procured by any person on payment of the prescribed fees.
11. (i) Every document filed or deposited under this Enactment
with the Registrar, and certified by the Registrar to be a document
so filed or deposited, shall be deemed to be a document so filed
or deposited.
(ii) Every document purporting to be certified by the Registrar
to be a copy of a document so filed or deposited shall be deemed to be
a copy of that document and shall be received in evidence as if it
were the original document, unless some variation between it and
the original document be proved.
12. The Chief Secretary to Government may, on the application
or with the consent of a fire insurance comj)any, alter the forms
contained in the schedules to this Enactment, as resjjects that
company, for the purpose of adapting them to the circumstances
of that company.
Aii[)lication of
PInactmcnt to
companies
which havo
Miaile deposit
in ttic United
Kin^jdom or in
the Colony.
COMPANIES CARRYING ON BUSINESS IN THE UNITED
KINGDOM OR IN THE COLONY.
13. (i) A fire insurance company, which obtains from the
Registrar a declaration that he is satisfied tliat it has made a deposit
in the United Kingdom in accordance with the Assurance Coni]ianies
Act, 1909, or that it is exempted by Section JU of that Act from
making such deposit, or that it has made a deposit in the Colony of
the Straits Settlements in accordance with the Fire Insurance
Companies Ordinance, 1917, of the said Colony, shall, so long as it
maintains such deposit or as such exemption continues, be exempted
FIRE INSURANCE COMPANIES. 321
from the provisions of Sections 4, 5, and 6 but shall within the time
l)rescribecl in Section 6 file with the Registrar a copy of every
account, balance-sheet, or other document which the company is
required by the Assurance Companies Act, 1909, to deposit at the
Board of Trade or by Section 6 of the said Fire Insurance Companies
Ordinance, 1917, to deposit with the Registrar of Companies in the
Colony, as the case may be.
(ii) Every such copy shall be signed by the Chairman and two
directors of the company and by the principal officer of the company
and, if the company has a managing director, by the managing
director,
PENALTIES, RULES, ETC.
14. (i) Any fire insurance company which makes default in Penalties.
complying with any of the requirements of this Enactment, and
every director, manager, secretar}^, or other officer or agent of the
company who is knowingly a party to the default, shall be liable to a
fine not exceeding one thousand dollars, or, in the case of a continu-
ing defoAilt, to a fine not exceeding five hundred dollars for every daj''
during which the default contmues ; and, if default continues for
a period of three months after notice of default by the Chief
Secretary to Government (which notice shall be published in one or
more nev/spapers as the Chief Secretary to Government may, upon
the application of one or more policy-holders or shareholders, direct),
the default shall be a ground on which the Court may order the
winding-up of the company in accordance with " The Companies
Enactment, 1917."
(ii) If any account, balance-sheet, abstract, statement, or other
document required by this Enactment is false in any particular to
the knowledge of any person who signs it, such person shall be guilty
of an offence and liable on conviction to imprisonment for a term
which may extend to two years, or to fine, or to both.
15. (i) Any notice or other document which is by this Enactment Service of
required to be sent to any policy-holder may be addressed and sent
to the person to whom notices respecting such policy are usually
sent, and any notice so addressed and sent shall be deemed and
taken to be notice to the holder of such policy.
(ii) Where any person claiming to be interested in a policy has
given to the company notice in writing of his interest, any notice
• which is by this Enactment required to be sent to policy-holders
shall also be sent to such person at the address specified by him in
his notice.
16. In respect of the documents filed under Section G or Section Fees.
13, and in respect of each of the documents filed under Section 9, a
fee of three dollars shall be paid to the Registrar.
17. The Chief Secretary to Goverrunent may from time to time by Rules,
rule published in the Gazette prescribe a form for the filing of
particulars of alterations under Section 9 (ii) and fees for inspection
and copies of docum.ents under Section 10.
Ill— 21
notices.
322
No. 3 OF 1918.
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ENACTMENT NO. 7 OF 1918.
All Enactment to control the use of the heraldic emblem
of the Red Cross.
Arthur Young, [26th April, 1918.
President of the Federal Coimcil. 3rd May, 1918,]
Whereas by the Second Geneva Convention provision Avas made
for controlling the use of the heraldic emblem of the Red Cross
and it is expedient to provide for similar control of the use thereof
in the Federated Malay States :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Red Cross (Control of short title and
Use) Enactment, 1918," and shall come into force on the publication '^o'^^^e"'^^"!^'^*-
thereof in the Gazette.
2. (i) As from the commencement of this Enactment it shall not prohibition of
be lawful for any person to use for the purpose of his trade or ^^itifout™'''^'"
business, or for any other purj^ose whatsoever, in the Federated autiiority.
Malay States without the authoritj^ of the High Commissioner, the
heraldic emblem of the red cross on a white ground formed by
reversing the Federal colours of Switzerland, or the words " Red
Cross " or " Geneva Cross," and if any person acts in contravention
of this provision he shall be guilty of an offence against this Enact-
ment and shall be liable on conviction to a fine not exceeding one
hundred dollars a.nd to forfeit any goods upon or in connection with
which the emblem or words were used.
(ii) Where a company or society is guilty of any such contra-
vention, without prejudice to the liability of the company or society,
every director, manager, secretary, and other officer of the company
or society, who is knowingly a party to the contravention, shall be
guilty of an offence against this Enactment and liable to the like
penalty.
(iii) Proceedings under this Enactment shall not be instituted
without the consent of the Legal Adviser to the Government.
325
ENACTMENT NO. 8 OF 1918.
An Enactment to provide for certain matters relating to
Defamation.
Arthur Young,
President of the Federal Council.
[26th April, 1918.
3rd May, 1918.]
Short title ami
commence-
ment.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Libel Enactment,
1918," and shall come into force on the publication thereof in the
Gazette.
Interpretation. 2. In thls Enactment —
" Public meetmg " means any meeting bond fide and lawfully
held for a lawful purpose and for the furtherance or discussion of any
matter of public concern, whether the admission thereto be general
or restricted, and mcludes any general meetmg, wherever held, of
the shareholders or debenture-holders of any joint stock company,
wherever registered, whose business is in any way directly concerned
with the Federated Malay States or the Colony.
" Newspaper " means any pajjer containing public news, mteUi-
gence, or occurrences, or any remarks or observations thereon printed
for sale and published m any of the Federated Malaj^ States or in
the Colony periodically, or in parts or numbers at intervals not
exceeding twenty-six days between the publication of any two such
papers, parts, or numbers, and includes any paper prmted in order
to be dispersed and made public weekly or oftener, or at intervals
not exceeding twenty-six days, containing only or principally
advertisements.
Reports
of judicial
proceedings.
Beports o£
Council
meetinj'S.
3. (i) A fair and accurate report of proceedings publicly heard
before any Court exercising judicial authority and of the judgment,
sentence, or finding of any such Court shall be privileged, and any
fair and bond fide comment thereon shall be protected, although
such judgment, sentence, or finding be subsequently reversed,
quashed, or varied, unless at the time of the publication of such
report or comment the defendant who claims the jjrotection afforded
by this section knew or ought to have known of such reversal,
quashing, or variation.
(ii) Nothing in this section shall authorize the publication of
any blasphemous, seditious, or indecent matter.
4. A fair and accurate report published in any newspaper of the
proceedings (except where neither the public nor any newspaper
reporter is admitted) of any meeting of the Federal Council or of
326
LIBEL. 327
any State Council shall be privileged, unless it shall be proved that
such report or publication was published or made maliciously.
5. (i) A fair and accurate report published in any newspaper of Reports of
the proceedings of a public meeting or (except where neither the m'eetiiigs, etc
jiublic nor any newspaper reporter is admitted) of any meeting of
a Sanitary Board or local authority formed or constituted under
the provisions of any Enactment, or of any Committee appointed
by any of the above-mentioned bodies, or of any meeting of any
Commissioners appointed under any Enactment or other lawful
warrant or authority, shall be privileged, unless it shall be proved
that such report or publication was published or made maliciously ;
provided that the publication of any matter not of public concern
and the publication of which is not for the public benefit shall not
be protected.
(ii) Nothing in this section shall authorize the publication of any
blasphemous, seditious, or indecent matter.
(iii) The protection intended to be afforded by this section shall
not be available as a defence in any proceedings if it shall be proved
that the defendant has been requested to insert in the newspaper
in which the report or other publication complained of appeared a
reasonable letter or statement by way of contradiction or explana-
tion of such report or other publication and has refused or neglected
to insert the same.
6. (i) The publication of the whole of or any fair extract from Extract from
the reports, papers, notes, or proceedings of the Federal Council or notice and^ ^'^^'
of any State Council, or of or from any j)ublic register or record or reports.
any book kept by a public servant in the discharge of his legal or
official duty or any notice or report issued by any Government
office or department, officer of State, Commissioner of Police, or
Chief Police Officer for the information of the public, or of the
whole of or any fair extract from any report issued by receivers or
Official Assignees in banlcruptcy or other officials in accordance
with Enactments for the time being regulating banl<;ruptcy pro-
ceedings or the winding-up of public companies, shall be privileged
unless it shall be proved that such publication was made maliciously.
(ii) The provisions of sub-sections (ii) and (iii) of Section 5 shall
apply to, and be read as part of, this section.
7. (i) Upon an application by two or more defendants in actions consolidation
in respect to the same or substantially the same libel brought by °^^'^*'^°"^-
one and the same person the Court or a Judicial Commissioner may
make an order for the consolidation of such actions so that they
shall be tried together.
(ii) After any such order has been made and before the trial of
the said actions the defendants in any new actions instituted in
respect of the same or substantially the same libel shall also be
entitled to be joined in a common action upon a jomt application
by such new defendants and the defendants in the action already
consolidated.
(iii) The Court or a Judicial Commissioner may, in the case of
the same or substantially the same libel published simultaneously
328
No. 8 OF 1918.
Separate
assessment of
damages in
curtain cases.
Apology iu
mitigation of
damages.
Damages
recovered in
otlier actions.
in a number of newspapers or copied shortly after publication, give
notice to the plaintiff in any action or actions arising out of such
libels that a jteriod stated in such notice will be allowed for the
discovery of any further publications of such libel in order that the
whole of the actions arising out of such libel may be tried together,
and after such j^eriod has expired no further actions shall be insti-
tuted in respect of the publication of such libel except for the
recovery of special damages.
(iv) In a consolidated action under this section the whole amount
of the damages (if any) shall be assessed in one sum, but a separate
judgment shall be given in resj^ect of each defendant in the same
way as if the actions consolidated had been tried separately.
(v) The amount of damages so assessed as aforesaid shall be
api3ortioned amongst those of the defendants against whom judg-
ment shall have been given, and if costs are given to the plaintiff
the Court may make such order as it shall deem just apportioning
the costs amongst such last-mentioned defendants.
8. Whenever in an action of libel the plaintiff sues more than
one defendant, whether jointly, severally, or in the alternative, and
evidence is given of malice in one defendant or of any other matter
of aggravation which w ould not be admissible in evidence against
any other defendant if he were sued alone, such other defendant
may apply to the Court to have the damages against himself and
his co-defendants separately assessed, and if such application be
made the Court shall assess the damages separately against each
defendant and no defendant shall be liable nor shall execution issue
against him for any further or other damages than shall be so
assessed against him.
9. (i) In any action for defamation the defendant may (after
notice in writing of his intention to do so duly given to the plaintiff
at the time of filng his written statement of his case) give in evidence,
in mitigation of damages, that he made or offered an apology to
the plaintiff for such defamation before the commencement of such
action or as soon afterwards as he had an opportunity of doing so
in case the action shall have been commenced before there was an
opportunity of making or offermg such apology.
(ii) In an action for libel contained in any ncv/spaper any
defendant who has paid money into Court under Section 348 of
" The Civil Procedure Code, 1902," may state in mitigation of
damages, in his written statement of his case, that such libel was
inserted in such newspaper without actual malice and without gross
negligence and that, before the commencement of the action or at
the earliest opportunity afterwards, he inserted or offered to insert
in such newspaper a full apology for the said libel, or, if the news-
paper in which the said libel appeared should be ordinarily published
at intervals exceeding one week, had offered to jniblish the said
apology in any newspaper to be selected by the plaintiff in such
action.
10. At the trial of an action for a libel the defendant may give
in evidence, in mitigation of damages, that the plaintiff has already
recovered or has brought actions for damages or has received or
LIBEL. 329
agreed to receive compensation in respect of a libel or libels to the
same purport or effect as the libel for which such action has been
brought.
11. Words spoken and published after the commencement of this siamier of
Enactment which impute unchastity or adultery to any woman or ^'°™°°-
girl shall not require special damage to render them actionable.
12. Sections 2 to 10 inclusive shall apply to all matters arising Application to
before or after the commencement of this Enactment except where past matters.
an action shall be pending with reference thereto at the date on
which this Enactment comes into force.
13. Whenever in any action of libel the plaintiff sues more than severance of
one defendant, whether jointly, severally, or in the alternative, each '1®^®'^'^'=^-
defendant may file a separate statement of his case and appear at
the trial by separate counsel or, if he thinks fit, apologize or pay
money into Court or make other amends, Avhatever may be the
defences set up by his co-defendants, and the plaintiff may accept
such apology, money, or other amends and settle or compromise
the suit and discontinue the action as between himself and one or
more defendants without reference to the other defendants ; pro-
vided always that the rights and interests of the other defendant
or defendants shall not in any Avay be prejudiced thereby.
14. (i) Members of the Federal Council and of every State Council Absolute
shall have freedom of speech at all meetings of such Council or of memb^s of
any Committee of such Council. council.
(ii) No member of such Council shall be liable to any civil action
or prosecution, arrest, imprisonment, or damages by reason of any
matter or thing brought by him by petition, resolution, motion, or
otherwise or said by him before such Council or Committee.
ENACTMENT NO. 14 OF 1918.
An Enactment to consolidate and amend tlie law relating
to tlie constitution and powers of the Civil and
Criminal Courts.
Arthur Young, [26th September, 1918.
President of the Federal Council, 1st January, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as foUows : —
Short title, 1. (i) This Enactment may be cited as " The Courts Enactment,
andrep"^"*' 1918'" and shall come into force upon the 1st day of January, 1919.
(ii) Upon the coming into force of this Enactment the Enact-
ments specified in the schedule shaU be repealed ; provided that all
appointments and rules made under any Enactment hereby repealed
which were in force immediately prior to the commencement of
this Enactment shall, so far as they are not inconsistent with the
provisions of this Enactment, be deemed to have been made under
this Enactment.
(iii) Nothing in this Enactment contained shall affect any special
jurisdiction or power conferred by any Enactment not hereby
repealed.
iiiterpretatiou 2. In this Enactment, unless the context otherwise requires —
of tliis
Enactment. The cxprcssion " Judicial Commissioner " occurring without the
prefix " Chief " includes the Chief Judicial Commissioner as well as
any other Judicial Commissioner appointed under this Enact-
ment ;
The expression " Registrar," except where its application is
expressly limited by this Enactment, includes an Assistant Registrar
and a Deputy Registrar ;
The expression "lower Court" when used in connection with
proceedings in the Court of Appeal includes any of the other Courts
mentionecl in Section 4 (i) and when used in connection with pro-
ceedings in a Court of a Judicial Commissioner includes any of the
other Courts mentioned in Section 4 (i) except the Court of ApjDeal.
Interpretation 3. Where in any law passed before the 1st day of January, 1906,
I'awl.'^^'" ^^""^^ which is for the time being in force in any of the Federated Malay
States reference is made to the Judicial Commissioner or to the
Judicial Commissioner's Court, or to the Senior Magistrate or to
the Senior Magistrate's Court, such reference shall, except where
such interpretation would be repugnant to the context or to the
provisions of this Enactment, be deemed to apply to any Judicial
330
COURTS.
331
Commissioner appointed under this Enactment, or to any Court
of a Judicial Commissioner constituted by this Enactment, as the
case may be ; and where the reference is to " the Judicial Commis-
sioner or the Senior Magistrate " or to " the Judicial Commissioner's
or the Senior Magistrate's Court," or to words of similar import,
such reference shall, except as aforesaid, be deemed to apply to a
Judicial Commissioner or to a Court of a Judicial Commissioner ;
and where the reference is to an appeal from the Senior Magistrate's
Court to the Judicial Commissioner's Court, such reference shall,
except as aforesaid, be deemed to apply to an appeal from a Court
of a Judicial Commissioner to the Court of Appeal.
4. (i) The Courts for the administration of civil and criminal com-ts
law in the Federated Malay States shall be as follows : constituted.
(a) The Supreme Court, comprising the Court of Appeal and
Courts of a Judicial Commissioner ;
Courts of a Magistrate of the First Class ;
Courts of a Magistrate of the Second Class ;
Courts of a Kathi and Courts of an Assistant Kathi ;
(e) Courts of a Penghulu.
(ii) The Court of Appeal and Courts of a Judicial Commissioner
shall be Courts of Record and shall possess the same power and
authority to punish for contempt of Court as are possessed by the
Court of Appeal and the High Court of Justice in England.
(&)
(c)
(d)
Pending
proceedings.
of Judicial
Commissioners.
5. The Courts constituted by this Enactment shall in their
respective capacities have jurisdiction in all proceedings pending at
the coming into force of this Enactment, and such proceedings and
all previous proceedings in the Courts constituted by any Enactment
hereby repealed shall be dealt with where necessary, and as far as
may be practicable, as if the same had been had in the Courts
constituted by this Enactment.
6. (i) The Chief Secretary to Govermuent may, Avith the approval Appointmeut
of the High Commissioner, from time to time appoint a fit and
proper person to be Chief Judicial Commissioner and such number
of other fit and proper persons as may from time to time be found
convenient to be Judicial Commissioners. Such last-mentioned
Judicial Commissioners shall take rank according to the priority of
their respective appointments.
(ii) The Chief Secretary to Government may, with the approval
of the High Commissioner, appoint any fit and proper person to
act temporarily as Chief Judicial Commissioner or as a Judicial
Commissioner and may, A\ith such approval as aforesaid, at any time
terminate any such appointment.
(iii) No person shall be appointed to be, or to act as, Chief
Judicial Commissioner or a Judicial Commissioner who has not for
a period of at least five years been a barrister of England or Ireland,
a member of the Faculty of Advocates in Scotland, or an advocate
and solicitor of the Supreme Court of the Federated Malay States
or of any of them or of the Colony of the Straits Settlements.
332 No. 14 OF 1918.
(iv) The Puisne Judges of the Supreme Court of the Colony shall
be suj)ernumerary Judicial Commissioners, if provision is made by
the law of the Colony that such Judges may be declared by the
law of the Federated Malay States to be supernumerary Judicial
Commissioners of those States,
(v) The Puisne Judges of the Supreme Court of the Colony shall,
when performing the duties of Judicial Commissioners, take rank
with the other Judicial Commissioners according to the priority of
their respective appointments, whether as Judicial Commissioners
or as Puisne Judges, whichever dates shall be the earlier.
(vi) The arrangements for the duties and places of residence of
the Judicial Commissioners shall be made by the Chief Judicial
Commissioner v.ith the concurrence of the Chief Secretary to
Government ; provided that the Chief Judicial Commissioner shall
ordinarily reside at Kuala Lumpur and that the arrangements for
the attendance of any Judges from the Colony shall be made by the
Governor and the High Commissioner.
(vii) The Chief Secretary to Government may at any time with-
draw his concurrence from any arrangement rnade under this section
and may require the Judicial Commissioners to make such other
arrangements as the public interests appear to him to demand.
(viii) The Judicial Commissioners of the Federated Malay States
may be declared by the law of the Colony to be supernumerary
Judges of the Supreme Court of the Colony, and in the event of such
declaration being made such Judicial Commissioners shall be deemed
to be supernumerary Judges of the Supreme Court of the Colony.
Arpointment 7. (i) There shall be attached and belonging to the Supreme
of Registrars. Court ouc Registrar of the said Court, who shall be ordinarily resident
at Kuala Lumpur, and such Assistant Registrars and Deputy
Registrars as to the Chief Secretary to Government, with the
concurrence of the Chief Judicial Commissioner, may seem necessary.
(ii) The Registrar, Assistant Registrars, and Deputy Registrars
(a) shall perform such duties as they may be required by law to
do and such duties as they may be required by the Court to
do and as are discharged by Masters of the Supreme Court,
Clerks of the Criminal Courts, Registrars, and the like
officers in the Supreme Court of Judicature in England ;
(h) shall hear applications for and grant probate and letters of
administration in all cases where the value of the estate
in respect of which the grant is applied for does not exceed
five hundred dollars and also in cases where such value
exceeds five hundred dollars if the right to such grant is
not contested and the value of the estate in respect of which
the grant is applied for does not exceed one thousand
dollars ;
(c) may make all such orders as may be necessary in such
matters as may, from time to time, be authorized by rules
made under Section 77. Any order so made may be altered,
varied, or discharged by the Registrar by Avhom the same
was made, as occasion may require.
COURTS. 333
(iii) Any person aggrieved by any order or act made or done
under paragraph {b) of sub-section (ii) in the matter of a contested
application for probate or letters of administration or made or done
under paragraph (c) of the said sub-section may appeal to a Judicial
Commissioner, provided that such appeal is brought within seven
daj^s from the date of the order or act appealed against or within
such further time as may be allowed by a Judicial Commissioner or
the Registrar.
8. (i) In every State all Magistrates shall be appointed by the Appointment
Resident of such State by notification in the Gazette \\'ithin and for °^ Magistrates.
such State or the areas mentioned in such notification ; and any
Magistrate may be suspended from office by the Resident.
(ii) In appointmg Magistrates under this section the Resident
of a State may appoint a person specially by name, or may appoint
the holder of a particular office, or may appoint a class of officers
generally, to be a Magistrate or Magistrates of the First Class or of
the Second Class. Every such appointment shall take eflect from
the date on which it is communicated to the person or persons
appointed.
(iii) Whenever any person holding an office in the service of the
Federated Malay States or of a State Avho has been appointed to be
a Magistrate of the First Class or of the Second Class under this
Enactment within and for a State or -sWthin and for any local area is
transferred to an equal or higher office of the same nature within
another State or within a local area, he shall, unless the Resident
of the State to which, or of the State wherein is situate the local area
to which, he is transferred otherwise directs, become, without further
appointment, a Magistrate of the same class within and for the State
or local area, as the case may be, to which he is so transferred.
(iv) The Resident of a State may cancel any appointment made by
him under this section.
9. All Kathis, Assistant Katliis, and Penghulus shall be appointed Appointment
in Perak, Selangor, and Pahang by the Sultan in Council and in issis^tant'
Negri Sembilan by the Yang di per Tuan and Chiefs in Council fe^*J^^®jius'^
within and for the areas mentioned in their kuasas and may be
suspended or removed from office by the same authority. Every
such kuasa shall in Perak, Selangor, and Pahang be under the hand
and seal of the Sultan and in Negri Sembilan be under the hand and
seal of the Yang di per Tuan and also of the Chief of the territory
within which the kuasa is to have effect and shall be countersigned
by the Resident of the State.
COURT OF APPEAL.
10. (i) The Court of Appeal shall consist of and be held by and constitution
before any two or more Judicial Commissioners appointed under courtofTpp°eai.
this Enactment.
(ii) The Court shall sit for the hearmg of appeals in civil matters
or for the hearing of appeals in criminal matters or for the hearing of
appeals in both civil and crimmal matters, as may by the notification
hereinafter mentioned be prescribed, on such dates and at such places
334
No. 14 OF 1918.
Raniinar of
Judges inter se.
SummonseP,
etc., to be
signed and
sealed.
Appeals, how
decided.
Applications.
Incidental
directions and
interim orders.
as the Chief Judicial Commissioner may, with the concurrence of the
Chief Secretary to Government, from time to time by notification in
the Gazette appoint ; provided that the Chief Judicial Commissioner
may, when he shall deem it expedient, direct that any appeal be
heard at any time and in any place in the Federated Malay States.
(iii) The Chief Judicial Commissioner may, with the concurrence
of the Chief Secretary to Government, dispense with any sitting of
the Coiurt which shall have been appointed under sub-section (ii).
11. The Chief Judicial Commissioner shall be the President of
the Coiu't, and the other Judicial Commissioners shall take rank
according to the provisions of Section 6.
12. All summonses, rules, orders, and mandatory processes what-
soever made or issued by the Court shall be signed by the Registrar
and sealed \%ith the seal of the Court.
13. Appeals shall be decided in accordance with the opinion of the
majority of the Judges composing the Court, but if there is no such
majority the decision appealed against shall stand.
14. Whenever under this Enactment an application may be made
either to a Court of a Judicial Commissioner or to the Court of
Appeal, it shall be made in the first instance to a Court of a Judicial
Commissioner.
15. (i) In any civil or criminal proceeding pending before the
Court of Appeal any direction incidental thereto not involving the
decision of the appeal and any interim order to prevent prej udice to
the claims of the parties pending the appeal may, if the Court of
Appeal is not sitting, be made by a Judicial Commissioner.
(ii) Every application under this section shall be entitled " In the
Court of Appeal."
(iii) Every order so made may be discharged or varied by the
Court of Appeal.
Jurisdiction to
hear and deter-
mine civil
appeals.
Non-appealable
matters.
APPEALS IN CIVIL MATTERS TO THE COURT OF
APPEAL.
16. (i) The Court of Appeal shall have jurisdiction to hear and
determine appeals from any judgment or order of a Court of a Judicial
Commissioner in any civil matter, whether made in the exercise of its
original or of its appellate jurisdiction, subject nevertheless to the
provisions of this Enactment and of any rules for regulating the
terms and conditions upon which such appeals shall be allowed which
may be in force thereunder.
(ii) In any case not provided for by this Enactment or by rules
in force thereunder the practice and procedure for the time being of
the Court of Appeal in England shall be followed as nearly as may be.
17. No appeal shall be brought to the Court of Appeal in any of
the following cases :
(a) where the amount or value of the subject-matter of the suit
is less than five hundred dollars, except with the leave of
the Court of Appeal on the ground of errors in law or
equity or of wrongful admission or rejection of evidence ;
COURTS. 335
(h) where the judgment or order is made by consent of the
parties ;
(c) where the judgment or order relates to costs only ;
(d) where, by any Enactment for the time being in force, the
judgment or order of the Lower Court is expressly declared
to be final.
18. (i) No appeal to the Court shall, except by special leave of the Limit of time
Court or of a Judicial Commissioner, be brought after the expiration ""^ ^^'^^^ '"^'
of one month.
(ii) The said period shall be calculated in the case of an appeal
from an order in Chambers from the time when such order was
pronounced or when the appellant first had notice thereof and in all
other cases from the time at which the judgment or order was signed,
entered, or otherwise perfected or in the case of a refusal of an
application from the date of such refusal.
19. (i) All appeals to the Court shall be by way of re-hearing and Notice of
shall be brought by notice of appeal. ^^^^^ '
(ii) The appellant may appeal from the whole or any part of any
judgment or order, and the notice of appeal shall state whether the
whole or part only of such judgment or order is complained of and,
in the latter case, shall specify such part.
(iii) A notice of appeal may be amended at any time, as the
Court may think fit.
20. The aj)pellant shall, within the time limited by Section 18, Entry of appeal
enter the appeal m a list of appeals to be kept in the Court of Apjjeal co^tr^"^"*^ *°'
and shall, at the same time, lodge with the Registrar of the Court of
Appeal the sum of one hundred dollars as security for the costs of the
appeal.
21. The Court of Appeal may, in any case where it shall think fit, Further
order further securitj^ for costs to be given. Such order may extend f^^^^^ ^°'"
to requiring security to be given for the costs of the original suit
where the appellant is residing out of the Federated Malay States
and is not possessed of any sufficient immovable property within the
said States other than the property (if any) to which the appeal
relates or where by reason of other special circumstances the Court of
Appeal is of opinion that security for payment of past costs should
be given.
22. (i) The appellant shall file in the Court in the prescribed Memorandum
manner and within the prescribed time a memorandum of appeal ° ^^^^^ '
in the prescribed form.
(ii) A memorandum of appeal may be amended at any time, as the
Court may think fit.
23. The notice of appeal shall be served on all parties directly service of
affected by the appeal and it shall not be necessary to serve parties appeal."
not so affected, but the Court may direct notice to be served on any
person as it may thinlc fit and may, in the meantime, adjourn the
hearing of the appeal upon such terms as may be just and may give
such judgment and make such order as might have been given or
made if the parties served \Adth such notice had been originally
parties.
336
No. 14 OF 1918.
Notice by-
respondent of
intention to
contend for
variation of
decision.
Certificate of
grounds of
judgment.
Appeal not to
operate as stay
of execution.
Power to
amend, admit
further evidence,
and draw
inferences of
fact.
24. (i) It shall not under any circumstances be necessary for a
respondent to give notice of appeal or to file a memorandum by way
of cross appeal ; but if a resijondent intends upon the hearing of the
appeal to contend that the decision of the Court below should be
varied, he shall within the time specified in sub-section (ii), or such
time as may be prescribed by special order, give notice of such
intention to any parties who may be affected by such contention.
Omission to give such notice shall not diminish the powers of the
Court of Appeal but may in the discretion of the Court be ground for
an adjournment of the appeal or for a special order as to costs.
(ii) A notice by a respondent under this section may be given at
any time after he has been served with the notice of appeal and
notwithstanding that the notice of appeal may have been withdrawn
but, subject to any special order which may be made, shall not be
given less than eight days before the day fixed for the holding of the
Court of Appeal.
(iii) If the appellant does not enter his appeal as directed by
Section 20, a respondent who has given such notice as aforesaid may
enter his appeal in the list of appeals as if he were an original
appellant.
25. On the application of any party who is dissatisfied with any
judgment or order within the time limited by Section 18 for appealing
the Judicial Commissioner who has given or made the judgment or
order shall certify in writing the grounds of such judgment or order ;
but delay in granting such certificate shall not prevent the apjDellant
from proceeding with his ajopeal.
26. An appeal shall not operate as a stay of execution or of
proceedings under the decision appealed from unless the Court below
or the Court of Appeal shall so order.
27. (i) The Court shall have all the jiowers and duties, as to
amendment and otherwise, of a Court of a Judicial Commissioner in
its original jurisdiction together with full discretionary power
to receive further evidence upon questions of fact, such evidence to
be either by oral examination in Court, by affidavit, or by deposition
taken before an examiner or commissioner. Such further evidence
may be given without special leave on interlocutory applications or
in any case as to matters which have occurred after the date of the
decision from which the appeal is brought. Upon appeals from a
judgment after trial or hearing of any cause or matter upon the
merits such further evidence (save as to matters subsequent as
aforesaid) shall bo admitted on special grounds only and not without
special leave of the Court of Appeal.
(ii) The Court shall have power to draw inferences of fact and to
give any judgment and make any order which ought to have been
given or made and to make such further or other order as the case
may require.
(iii) The powers aforesaid may be exercised notwithstanding that
the notice of appeal may be that part only of the decision may be
reversed or varied, and such powers may also be exercised in favour
of all or any of the respondents or parties although such respondents
or parties may not have appealed from or comj)lained of the decision.
COURTS. 337
(iv) The Court shall have power to' make such order as to the
whole or any part of the costs of the ajjpeal as may seem just.
28. If upon the hearmg of an appeal it appears to the Court that Power to order
a new trial ought to be had, the Court may, if it thinks fit, order that
the judgment be set aside and that a new trial be had.
29. Where any question of fact is involved in an appeal, the Production of
evidence taken in the lower Court bearing on such question shall, i^n lowe^courT.
subject to any special order, be brought before the Court as follows :
(a) as to any evidence taken by affidavit, by the production of
the affidavits ;
(b) as to any evidence taken orally, by the production of a copy
of the notes taken in the lower Court or such other materials
as the Court deems expedient.
30. On an appeal, interest, for such time as execution has been interest.
delayed by the appeal, shall be allowed unless the Court or a Judicial
Commissioner otherwise directs.
31. No decree shall be reversed or substantially varied, nor shall Errors not
any case be remanded, in appeal on account of any misjoinder of orlM^dicUonf
parties or causes of action or any error, defect, or uTegularitj^ in any
proceedings in the suit not affectmg the merits of the case or the
jurisdiction of the Court.
32. The provisions of " The Civil Procedure Code, 1918," relatmg Pauper appeals.
to appeals by paupers and the provisions of " The Advocates and
Solicitors Enactment, 1914," relating to the assignment of advocates
and solicitors in suits by paupers shall apply, as nearly as may be, to
aj)peals to the Court of Appeal by paupers.
33. From any judgment or order of the Court of Appeal in any Appeal to His
Britannic
civil matter an appeal may be made to His Britannic Majesty in Majesty i
Council subject to such rules and regulations as may from time to council.
time be prescribed by order of His said Majesty in Council.
APPEALS IN CRIMINAL MATTERS TO THE COURT
OF APPEAL.
34. (i) The Court shall have jurisdiction to hear and determine Jurisdiction to
appeals by any person convicted by a Court of a Judicial Com- mineCTiininai
missioner in the exercise of its original criminal jurisdiction where the appeals.
person convicted has been sentenced
(a) to death, or
(h) to imprisonment of cither description for not less than six
months, or
(c) to a fine of not less than one hundred dollars,
subject nevertheless to the provisions of this Enactment and of any
rules for regulating the terms and conditions upon which such
appeals shall be allowed which may be made thereunder, and to hear
and determine any appeal which may be referred to it by a Judicial
Commissioner as provided by Section 55.
Ill— 22
338
No. 14 OF 1918.
Notice of
appeal ;
limit of time for
lodging notice.
Registrar to
transmit copies
of record.
Court of Appeal
may permit
appeal on
terms, althouijh
law not strictly
complied with.
On appeal
against
acquittal,
accused may
be arrested.
Appeal not to
operate as stay
of execution.
Summary rejec-
tion of appeal.
(ii) Where an accused person has pleaded guilty and been con-
victed on such plea, there shall be no appeal except as to the extent
or legality of the sentence.
(iii) Where an accused person has been acquitted, there shall be
no appeal except with the sanction of the Public Prosecutor.
(iv) Subject to the provisions of sub-section (ii) of Section 40,
an ajjpeal may lie on a matter of fact as well as on a matter of law.
35. (i) Every appeal shall be by notice in writing, which shall,
within fourteen days after the date when the decision appealed
against was given, be lodged with the Registrar of the Court of a
Judicial Commissioner by which such decision was given.
(ii) If the appellant is in prison, he may give notice of appeal
within the said fourteen days either orally or in writing to the officer
in charge of the prison, and such officer shall forthwith forward such
notice or the purport thereof to the Registrar of the said Court.
(iii) Every notice of appeal shall state shortly the substance of
the judgment appealed against and the grounds of appeal and shall
be signed by the appellant, except where such notice of appeal is
given orally as aforesaid.
36. As soon as possible after notice of appeal has been lodged or
received, as the case may be, the Registrar of the said Court shall
transmit to the Court of Appeal a signed copy of the record of the
proceedings in the case for each of the Judges composing the Court
of Appeal.
37. The Court of Appeal may in its discretion, on the applic action
of any person desirous of appealing who may be debarred from so
doing by reason of his not having observed some formality or some
requirement of this Enactment, permit an appeal upon such terms
and with such directions as it may consider desirable in order that
substantial justice may be done in the matter.
38. Where an appeal is presented against an acquittal, the Court
of Appeal may issue a warrant directing that the accused be arrested
and brought before it and may commit him to prison pending the
disposal of the appeal or admit him to bail.
39. (i) Except in the case of whipping (which shall be stayed
pending appeal) no appeal shall operate as a stay of execution, but
the Court below or the Court of Appeal may stay execution on any
judgment, order, conviction, or sentence pending appeal on such
terms as to security for the payment of any money or the perform-
ance or non-performance of any act or the suffering of any punish-
ment ordered by or in such judgment, order, conviction, or sentence
as to the Court may seem reasonable.
(ii) If the appellant is ultimately sentenced to imprisonment, the
time during which the execution of the sentence was stayed shall be
excluded in computing the term of his sentence.
40. (i) On receiving the signed coj^y of the record of the proceed-
ings in the case the Court of Appeal shall peruse the same, and if it
considers that there is no sufficient ground for interfering it may
reject the appeal summarily ; pro^^ded that no appeal shall be
COURTS. 339
rejected summarily, except in the case mentioned in sub-section (ii),
unless the appellant or his advocate and solicitor has had a reason-
able opportunity of being heard in support of the same.
(ii) Where an appeal is brought on the ground that the conviction
is against the weight of the evidence or that the sentence is excessive
and it appears to all the Judges that the evidence is sufficient to
support the conviction and that there is no material in the circum-
stances of the case which could raise a reasonable doubt whether
the conviction was right or lead the Court of Appeal to consider that
the sentence ought to be reduced, the appeal may, without being set
down for hearing, be summarily rejected by an order under the hand
of the Chief Judicial Commissioner certifjing that the Judges having
perused the record are satisfied that the ajjpeal has been lodged
without any sufficient ground of complaint.
41. (i) If the Court of Appeal does not reject the appeal Notice and
summarily, it shall cause notice to be given to the appellant or his ti™« °^ iiearing.
advocate and solicitor and to the Public Prosecutor or a Deputy
Public Prosecutor of the time and place at which such appeal will be
heard, and in cases of aj^peals under Section 34 (iii) the Court of
Appeal shall cause a like notice to be given to the accused.
(ii) Subject to the provisions of this Enactment, the appeal shall
come on for hearing at the next sitting of the Court of Appeal for the
hearing of appeals m criminal matters that shall be held after the
receipt of the copy of the record referred to in Section 40 ; provided
that the Court may, on good cause being shewn to its satisfaction,
postpone the hearing of such appeal to the next or any subsequent
sitting of the Court.
(iii) The Court whose judgment or order is appealed against
shall, if so required by the Public Prosecutor or a Deputy Public
Prosecutor, furnish him with a copy of the record of the proceedings
in the case.
42. After perusing the record of proceedings and hearing the order on
appellant or his advocate and solicitor, if he appears, and the Public ^Pr^'^'-
Prosecutor or Deputy Public Prosecutor, if he appears, and in the
case of an appeal under Section 34 (iii) the accused or his advocate
and solicitor, if he apjjears, the Court of Appeal may, if it considers
that there is no sufficient ground for interfering, dismiss the api)eal
or may
(a) in an appeal from an order of acquittal, reverse such order
and direct that further enquir}^ be made or that the
accused be re-tried or committed for trial, as the case may
be, or find him guilty and pass sentence on him according
to law ;
(b) in an appeal from a conviction,
(1) reverse the finding and sentence and acquit or discharge
the accused or order him to be re-tried by any
lower Court of competent jurisdiction or committed
for trial ; or
(2) alter the finding, maintaining the sentence, or
340
No. 14 OF 1918.
Additional
evidence.
Judgment.
Judgment to be
certified to
lower Court.
(3) with or without alteruig the finding, reduce the
sentence, or
(4) with or without such reduction and with or without
altermg the finding, alter the nature of the sentence,
but not so as to enhance the same ;
(c) in an appeal from any other order, alter or reverse such order.
43. (i) In dealing with any appeal in a criminal case the Court
of Appeal may, if it thinks additional evidence to be necessary, either
take such evidence itself or direct it to be taken by the Court which
tried the case.
(ii) When the additional evidence is taken by such last-mentioned
Court, it shall certify such evidence, with a statement of its opinion
on the case considered with regard to the additional evidence, to the
Court of Appeal, and the Court of Appeal shall thereupon proceed to
dispose of the appeal.
(iii) Unless the Court of Appeal otherwise directs, the accused
or his advocate and solicitor shall be present when the additional
evidence is taken ; but such evidence shall not be taken in the
presence of assessors.
44. On the termination of the hearing of the appeal the Court shall,
either at once or on some future day which shall either then be
appointed for the purpose or of which notice shall be subsequently
given to the parties, deliver judgment in open Court. If any Judicial
Commissioner is absent, his judgment shall be read by the Registrar,
45. (i) Whenever a criminal case is decided on appeal, the Court
of Appeal shall certify its judgment or order to the Court by which
the finding, sentence, or order appealed against was recorded, passed,
or made.
(ii) The Court to which the Court of Appeal certifies its judgment
or order shall thereupon make such orders as are conformable to the
judgment or order of the Court of Appeal ; and, if necessary, the
record shall be amended in accordance therewith.
Constitution of
Court of a
Judicial Com-
missioner.
Summonses,
etc., to be
signed and
sealed.
Jurisdiction.
Original civil
jurisdiction.
COURT OF A JUDICIAL COMMISSIONER.
46. A Court of a Judicial Commissioner shall consist of a Judicial
Commissioner.
47. AH summonses, rules, orders, and mandatory processes
whatsoever made or issued by the said Court shall be signed by the
Registrar and sealed with the seal of the Court.
48. The said Court shall liave and exercise original and appellate
jurisdiction in civil and criminal matters as hereinafter provided.
49. (i) The said Court shall, subject to the provisions of this
Enactment and of all other Enactments for the time being in force,
have jurisdiction in all suits, matters, and questions of a civil nature,
excepting only that nothing herein contained shall be deemed to
authorize any Court to dissolve or annul a marriage laAA'fully
solemnized between Christians in the United Kingdom of Great
Britain and Ireland or in any British Colony, Possession, or
Protectorate.
COURTS.
341
(ii) In amplification and not in derogation of the generality of the
foregoing powers the said Court shall have power to try all suits by
and against all persons and corporations in all cases where the
persons who are defendants are present in the Federated Malay
States or the corporation which is defendant has an establishment or
place of business in the said States, and also in the following cases
although the defendant is not present or has not its establishment as
aforesaid in the said States, that is to say,
(a) where the defendant has property in the said States ; or
(b) Avhere the whole or any part of the subject-matter of the
suit is land or stock or other property situate within the
said States, or where any act, mstrument, will, or thing
affecting such land, stock, or property was done, executed,
or made within the said States ; or
(c) M-here the contract which is sought to be enforced, rescinded,
annulled, or otherwise affected in the suit, or for the breach
whereof damages or other relief are or is demanded in
the suit, was made or entered into, or was to be performed
or partly performed, within the said States ; or
{(I) v\here there has been a breach within the said States of
any contract, wherever made ; or
(e) where any act or thing for which damages are sought to be
recovered or which is sought to be restrained or removed
was or is to be done, or is situate, within the said States ; or
(/) where the cause of action arose in the said States ; or
(g) where the subject of the proceeding otherwise falls, on
general principles of international law or comity, to be
determined by the law of the said States.
The exi)ression " cause of action " in paragraph (/) of this sub-section
does not necessarily mean the whole cause of action, but a cause of
action shall be deemed to have arisen within the jurisdiction if the
contract was made therein, though the breach may have occurred
elsewhere, and also if the breach occurred within the jurisdiction,
though the contract may have been made elsewhere.
(iii) In further amplification of the generality of the foregoing
powers the said Court shall have power
{a) to appoint and control guardians and committees of infants
and lunatics ;
(b) to grant probate and letters of administration to the estates
of all persons leaving movable or immovable property in
the Federated Malay States or having at time of death a
fixed place of abode within the said States, except where
such jurisdiction is by Section 7 (ii) given to the Registrar ;
and
(c) to try all suits relating to A^TCcks, collisions, and the capture
of prizes, to claims for salvage, towage, and breaches of
contract, and to all other matters maritime arising -\\'ithin
the waters of the Federated Malay States, or in respect of
which the defendant or defendants or any of them resides
or has a place of business within the said States.
342
No. 14 OF 1918.
Original
criminal
jurisdiction.
Assizes.
Sittings for
civil and other
business.
When assessors
required.
When no
assessors.
Appellate
jurisdiction.
No appeal
where value not
over one
hundred
dollars.
50. The said Court shall have original criminal jurisdiction for
the enquiry into and trial of all offences committed
(a) in the Federated States, or
(6) on the high seas on board shijis registered in the said States, or
(c) by subjects of the Rulers of any of the said States on the
high seas on board ships, whether such ships be registered
in the said States or not.
51. (i) Sittings for the despatch of the criminal business of the
said Court, to be called Assizes, shall be held in each State on such
dates and at such places as the Chief Judicial Commissioner may,
with the concurrence of the Chief Secretary to Government, from
time to time appoint, either for the year or for particular occasions,
by notification published in the Gazette or otherwise a reasonable
time before the dates fixed for holding the same.
(ii) The Chief Judicial Commissioner, with the concurrence of
the Chief Secretary to Government, may after the publication of
any such notification alter the dates fixed for the Assizes, if it shall be
expedient so to do, and may appoint other dates and places for
holding Assizes whenever occasion shall arise for so doing.
52. Subject to the sittings of the said Court for criminal Assizes
and the sittings of the Court of Appeal, sittings for the trial of suits
and for the despatch of other civil or criminal business not dealt
with at the Assizes shaU be held throughout the year and at such
places in each State as shall be aj)j3ointed by the Judicial Com-
missioner residing therein, or in the case of a State w^herein more than
one Judicial Commissioner resides then by the Chief Judicial
Commissioner if he be one of them or otherwise by the senior of
them in priority of appointment, or in the case of a State wherein
no Judicial Commissioner resides then by the Chief Judicial
Commissioner.
53. In all cases where the punishment of death is authorized by
law the accused shall be tried with the aid of assessors.
54. Except as may be otherwise expressly provided by any
Enactment for the time being in force, all cases, whether civil or
criminal, other than those mentioned in Section 53, shall be tried
by the Court without assessors,
55. Except as provided in Sections 56, 59 (iv), and 69, the said
Court shall in its appellate jurisdiction have power to hear and
determine all appeals from the decisions of the lower Courts, both
in civil and criminal matters, and may exercise full powers of
supervision and revision in respect of all proceedings in such Courts ;
provided that a Judicial Commissioner may, in his discretion, direct
that any criminal appeal be heard and determined by the Court of
Appeal.
56. (i) No appeal shall lie from the decision of a Court of a
Magistrate to a Court of a Judicial Commissioner in any civil suit
the amount or the value of the subject-matter whereof does not
exceed one hundred dollars ; but a Court of a Judicial Commissioner,
either of its own motion or on the application of any party aggrieved
on the ground that such decision is wrong in law, may call for the
COURTS. 343
record of the suit and may pass such order thereon, either by
directing a new trial or otherwise, as may seem to be necessary to
secure substantial justice being done.
(ii) If the Court, after examining such record, is of opinion that
no ground exists for passing any order thereon, it may cause the
parties to be so informed without calling them before it, and in
such case neither party to the suit shall be entitled to be heard by
the Court.
57. (i) When any person has in a trial before a Court of a Judicial Reservation of
Commissioner in the exercise of its original criminal iurisdiction ^l^^t*^'?"^ °^ '^''^
*^ « upon ck
been convicted of an offence, the Judicial Commissioner may, if he conviction, for
thinks fit, reserve for the decision of the Court of Appeal any court°of Appeal.
question of law which has arisen in the course of the trial of such
person and the determination of which would aflfect the event of
the trial.
(ii) The person so convicted shall thereupon be remanded to
prison or, if the Judicial Commissioner thinks fit, be admitted to
bail.
(iii) The Court of Appeal shall review such case, or siich part
of it as may be necessary, and finally determine the question and
remit the matter to the Court of a Judicial Commissioner with the
opinion of the Court thereon or may give such judgment and make
such order in relation to the matter as to the Court may seem fit.
COURTS OF MAGISTRATES.
58. A Court of a Magistrate of the First Class shall consist of a court of a
Magistrate of the First Class. llfFirsfciL.
59. (i) A Court of a Magistrate of the First Class shall, Jurisdiction.
(a) in its criminal jurisdiction, try all offences for which the
maximum term of imprisonment provided by law does
not exceed a term of three years' imprisonment of either
description or which are punishable with fine only
and all such offences as are specified in Sections 325,
335, 380, 381, 407, 408, 409, 420, 429, 451, 452, and 454
of the Penal Code, provided tha,t the Magistrate is of
opinion that under the circumstances of the case the
power of punishment which he possesses is adequate, and
any offence in respect of whicli jurisdiction is given by
law to a Court of a Magistrate of the First Class ; and
(b) in its civil jurisdiction, subject to the other provisions of
this Enactment, hear and determine all suits within its
local jurisdiction when the value in dispute does not
exceed five hundred dollars.
(ii) Such Court shall have no jurisdiction to try any offence
relating to movable property if the value of such property exceeds
five hundred dollars.
(iii) Such Court shall have no jurisdiction in any action brought
by a landlord against a tenant, or against any person holding or
claiming by, through, or under a tenant, to recover possession of
immovable property if the rent payable in respect of such property
344
No. 14 OF 1918.
Court of a
Magistrate of
the Second
Class.
Jurisdiction.
Jurisdiction
given by other
laws not
affected.
Preliminary-
enquiries.
Reservation of
questions of law
upon a convic-
tion, for de-
cision by Court
of a Judicial
Commissioner.
exceeds the sum of fifty dollars per month or six hundred dollars
per annum.
(iv) Such Court shall have jurisdiction to hear and determine
appeals from any decision of the Court of a Penghulu sitting within
the local jurisdiction of such Court.
60. A Court of a Magistrate of the Second Glass shall consist of
a Magistrate of the Second Class.
61. (i) A Court of a Magistrate of the Second Class shall,
(a) in its criminal jurisdiction, try all offences for which the
maximum term of imprisonment j^rovided by law does
not exceed a term of twelve months' imprisonment of
cither description or which are punishable with fine only,
and any offence in respect of which jurisdiction is given
by law to a Court of a Magistrate of the Second Class ; and
{b) in its civil jurisdiction, subject to the other provisions of
this Enactment, hear and determine all suits within its
local jurisdiction when the value in dispute does not
exceed two hundred and fifty dollars.
(ii) Such Court shall have no jurisdiction to try any offence
relating to movable property if the value of such property exceeds
two hundred and fifty dollars, and shall have no jurisdiction in
any suit for the recovery of immovable property or for the deter-
mination of any right or interest in immovable property.
63. Notliing in this Enactment shall render it unlawful for a
Court of a Magistrate of the First Class or of the Second Class, in
any case in which jurisdiction is expressly conferred on it by law,
to try an offence relating to movable property exceeding in value
the limits prescribed by Sections 59 and 61 or to inflict a sentence
exceeding the limits prescribed by Section 71.
63. Preliminary enquiries into cases triable by a Court of a
Judicial Commissioner may be held cither by a Court of a Magistrate
of the First Class or by a Court of a Magistrate of the Second Class.
64. (i) When any person has in a trial before a Court of a
Magistrate of the First Class or of the Second Class in its criminal
jurisdiction been convicted of an offence, the Magistrate may, if
he thinks fit, reserve for the decision of a Court of a Judicial Com-
missioner any question of law which has arisen m the course of the
trial of such person and the determination of which would affect
the event of the trial.
(ii) The person so convicted shall thereupon be remanded to
prison or, if the Magistrate thinks fit, be admitted to bail.
(iii) The Court of a Judicial Commissioner shall review such case,
or such part of it as may be necessary, and finally determine the
question and remit the matter to the lower Court with the opinion
of the Court thereon or may give such judgment or make such order
in relation to tlie matter as to the Court may seem fit ; provided
that a Court of a Judicial Ctmnuissioner may refer any case so
reserved for its consideration to the Court of Appeal, and the Court
of Appeal shall thereupon exercise the powers conferred upon it
by Section 57.
COURTS.
345
COURT OF A KATHl, OF AN ASSISTANT KATHI, AND OF
A PENGHULU.
65. Every Kathi and Assistant Kathi shall have such powers in Powers of
all matters concerning Muhaminadan religion, marriage, and divorce, 51=^^^
and in all other matters regulated by Muhammadan law, as may Kathis.
be defined in his kuasa.
66. Subject to the provisions of the next following section, every powers of
Penghulu shall have such powers as may be defined in his kuasa, ^enghuius.
67. All suits brought by or against Malays or other Asiatics the jurisdiction ot
value of the subject-matter whereof does not exceed twenty-five
dollars maj^ be heard and determined by a Court of a Penghulu.
68. In the event of any lawful order made by a Court of a Kathi,
of an Assistant Kathi, or of a Penghulu not being obeyed, such Court
may report the matter, with a copy of all proceedings therein, to a
Court of a Magistrate of the First Class A^thin the same district,
and thereupon it shall be the duty of such last-mentioned Court
either to enforce such order as though it Avere an order made by
itself or to send it to another Court for execution.
69. (i) No appeal shall be brought from any decision of a Court Appeals from
of a Kathi or of an Assistant Kathi to any other Court ; but appeals court of a Kathi
Court of a
Penghulu
where value not
over twenty-five
dollars.
Enforcement of
orders.
be heard and
from any such decision given in any State may
determined by the Ruler of such State in Council
(ii) The Ruler of any State in Council may, by resolution duly
recorded, appoint from among the members of the Council a Com-
mittee to hear and determine such appeals as aforesaid and may in
like manner dissolve, alter, or add to any Committee so appointed.
The decisions of any Committee so appointed shall be deemed to
be the decisions of the Ruler of the State in Council.
(iii) The Ruler of any State in Council may by notification in the
Gazette make rules to regulate the procedure in bringing or hearing
any such appeal as aforesaid and the fees, if any, to be paid in
connection therewith.
(iv) Whenever in any State any such appeal as aforesaid is
dismissed, the Ruler of such State in Council or the Committee, as
the case may be, dismissing the appeal may, if the bringing of such
appeal appears to have been frivolous or vexatious, order the
appellant to pay by way of penalty a sum not exceeding two hundred
and fifty dollars and may direct the A^hole or any part thereof to
be paid to the respondent. A copy of any order made under this
sub-section may be communicated by the Resident of such State
to any Court of a Magistrate therein, and thereupon it shall be the
duty of such Court to enforce such order as though it were an order
made by itself.
MISCELLANEOUS.
70. (i) The Court of Appeal and every Court of a Judicial Com-
missioner shall have and use, as occasion may require, a seal or
seals bearing such. device and inscription as the Chief Judicial
Commissioner may, with the approval of the Chief Secretary to
Government, direct.
or an Assistant
Kathi to Ruler
in Council. -
Seals.
346
No. 14 OF 1918.
Sentences.
Justices of the
Peace.
Fees ot Legal
Adviser.
Admission of
advocates and
solicitors.
(ii) Every Court of a Magistrate in any State shall have and use,
as occasion may require, a seal or seals bearing such device and
inscription as the Resident of such State may, with the approval
of the Chief Secretary to Government, direct.
(iii) Until such direction as is hereinbefore referred to is given
in respect of any Court, the seal or seals in use by such Court at
the commencement of this Enactment may continue to be used.
71. The following are the sentences which may be passed by the
Courts specified, respectively :
(a) A Court of a Judicial Commissioner —
Any sentence authorized by law ;
(6) A Court of a Magistrate of the First Class —
Imprisonment for a term not exceeding twelve months ;
Fine not exceeding five hundred dollars ;
Whipping not exceeding twelve strokes ;
(c) A Court of a Magistrate of the Second Class —
Imprisonment for a term not exceeding three months ;
Fine not exceeding two hundred and fifty dollars ;
(d) A Court of a Penghulu —
Fine not exceeding ten dollars.
72. (i) The Resident of a State may from time to time, by
notification in the Gazette, appoint such persons as he shall deem
fit to act as Justices of the Peace within and for such State or any
part thereof, and may in like manner revoke any such appointment.
(ii) Justices of the Peace shall have and may exercise within the
area for which they are appointed such powers as may be conferred
upon them by the Code of Criminal Procedure in force for the time
being.
73. In any civil proceeding before any Court in which the Legal
Adviser to the Government of the Federated Malay States appears
on behalf of the said Government or of the Chief Secretary to
Government or of the Ruler or Government of a State and costs
are adjudged for such Government or for the Chief Seci'etary to
Government or for the Ruler, such costs shall, unless the Court
otherwise orders, include fees for the services of the Legal Adviser
which shall be in accordance witli any tables of fees and costs
prescribed from time to time to be chargeable by advocates and
solicitors of the Supreme Court and may be taxed in accordance
with any rules in force under this Enactment for the taxation of
the fees and costs of such advocates and solicitors.
74. (i) The advocates and solicitors admitted by or under the
provisions of any Enactment hereby repealed to practice in the
Supreme Court shall be advocates and solicitors of the Supreme
Court under this Enactment.
(ii) The Chief Judicial Commissioner may in his discretion, subject
to the rules in force from time to time under this Enactment, admit
and enrol as an advocate and solicitor of the Supreme Court of the
Federated Malay States
COURTS.
347
(a) any barrister-at-law or advocate of Great Britain and
Ireland ;
(6) any member of the Faculty of Advocates in Scotland ;
(c) any solicitor of the Supreme Court of Judicature in England
or Ireland, respectively, or writer to the signet or enrolled
law agent under the Law Agents (Scotland) Act, 1873,
and Acts amending the same ;
(d) any advocate and solicitor of the Supreme Court of the
Colony of the Straits Settlements ;
(e) any person who has served as law clerk or articled clerk
in the office of an advocate and solicitor of the Supreme
Court of the Federated Malay States for the period of
five years ;
(/) any public officer who has served for three years in the
employment of the Government of the Federated Malay
States or of the Colony of the Straits Settlements as a
Magistrate or as a District Judge or Assistant District
Judge or as a Deputy Public Prosecutor or as a Registrar
or Assistant or Deputy Registrar of a Court in the
Federated Malay States or of the Supreme Court of the
Straits Settlements or as Official Assignee in Bankruptcy
and who after such legal examination in such subjects
and by such persons as the Chief Judicial Commissioner
appoints may be approved of as fit and competent.
75. No Judicial Commissioner, Magistrate, Justice of the Peace, protection of
or other person acting judicially shall be liable to be sued in any ^^^l\f
Civil Court for any act done by him in the discharge of his judicial
duty, whether or not within the limits of his jurisdiction, nor shall
any order for costs be made against him, provided that he at the
time in good faith believed himself to have jurisdiction to do or
order the act complained of ; and no officer of any Court or other
person bound to execute the lawful warrants or orders of any
Judicial Commissioner, Magistrate, Justice of the Peace, or other
person acting judicially shall be liable to be sued in any Civil Court
for the execution of any warrant or order which he would be bound
to execute if within the jurisdiction of the person issuing the same.
76. (i) A Council of the Judicial Commissioners, of which due council of
notice sliall be given to each of them, shall assemble once at least commissioners.
in every j^ear, on such day or days as shall be fixed by the Chief
Judicial Commissioner, for the purpose of considering the operation
of this Enactment and of " The Civil Procedure Code, 1918," and
of any other Enactment or Rules for the time being m force relating
to civil procedure and also the working of the several offices and
the arrangements relative to the duties of the officers of the Supreme
Court and of enquiring and examining into any defects which may
appear to exist in the system of procedure or the administration of
the law in the said Court in its original and appellate jurisdiction
or in any other Court from wliich any appeal lies to the said Court ;
and they shall report annually to the Chief Secretary to Govern-
ment what (if any) amendments or alterations it would, in their
judgment, be expedient to make in the law relating to the adminis-
348
No. 14 OF 1918.
Tlules.
tration of justice and shall make any representations with regard
to the administration of justice which they shall think fit.
(ii) An extraordinary Council of the Judicial Commissioners may
also at any time be convened by the Chief Judicial Commissioner.
(iii) Every report made under this section shall with all convenient
despatch be laid before the Federal Council.
77. (i) The Judicial Commissioners appointed under this Enact-
ment or any two of them, of whom the Chief Judicial Commissioner
shall be one, may from time to time, with the a,pproval of the Chief
Secretary to Government, make rules, not inconsistent with this
Enactment or with any other law for the time being in force in the
Federated Malay States, for all or any of the following purposes,
that is to say :
(a) for regulating the practice a,nd procedure of all the Courts
mentioned in Section 4 (i) ;
(b) for regulating the admission of persons to be advocates and
solicitors of the Supreme Court ;
(c) for fixing tables of fees and costs to be chargeable by
advocates and solicitors for their services and j^roviding
for the taxation of the same.
(ii) Such rules, when approved by the Chief Secretary to
Government, shall be published in the Gazette and ujion such
publication shall have the same force as if they had been enacted
as part of this Enactment.
The Schedule.
ENACTMENTS REPEALED.
I. — STATE ENACTMENTS.
State.
No. and year.
Perak
Selangor . .
Negri Serabilan
Pahang
Negri Sembilan
Perak
Selangor . .
Negri Serabilan
Pahang
Perak
Selangor . .
Negri Sembilan
Pahang . .
Short title
13 of 1905
15 of 1905
15 of 1905
13 of 1905
8 of 1907
1 of 1908
! of 1908
I of 1908
3 of 1908
21 of 1909
21 of 1909
22 of 1909
27 of 1909
The Courts Enactment, 1905
Do.
Do.
Do.
The Courts Enactment, 1905,
Amendment Enactment, 1907
The Courts Enactment, 1905,
Amendment Enactment, 1908
Do.
Do.
Do.
The Courts Enactment, 1905,
Amendment Enactment, 1909
Do.
Do.
Do.
COURTS.
349
II. — FEDERAL ENACTMENTS.
No. and
year^
Short title.
2
15
14
of 1915
of 191G
of 1917
The Courts Enactments, 1905,
Enactment, 1915
The Courts Enactments, 1905,
Enactment, 1916
The Courts Enactments, 1905,
Enactment, 1917
Amendment
Amendment
Amendment
ENACTMENT NO. 15 OF 1918.
An Enactment to consolidate and amend the law relating
to Civil Procedure.
Arthur Young,
President of the Federal Council.
[26th September, 1918.
1st January, 1919.]
Short title and
commence-
ment.
Repeal.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
PRELIMINARY.
1. (i) This Enactment may be cited as " The Civil Procedure
Code, 1918," and is generally referred to heremafter as " this Code,"
and shall come into force on the 1st day of January, 1919.
(ii) Upon the coming into force of this Code the Enactments
mentioned in the first schedule shall be repealed to the extent
specified in the last column of the said schedule ; provided that all
declarations by the High Commissioner, scales of allowances for the
subsistence of judgment-debtors, appointments of and scales of
remuneration for official receivers, exemptions of persons of rank
from personal appearance in Court, and rules and forms made or
prescribed under any Enactment hereby repealed, which were in
force immediately prior to the commencement of this Code shall,
so far as may be consistent with the provisions of this Code, be
deemed to have been made or prescribed under this Code.
(iii) Upon the coming into force of " The Bankruptcy Enactment,
1912," Chapter XXIII of this Code shall be repealed.
^iv) Any suit or matter pending at the time of the coming into
force of this Code shall, so far as circumstances permit, be continued
and proceeded with under the provisions of this Code in the same
manner in every respect as if the same had been originally instituted
after the commencement of this Code, and in any such suit or matter
all such orders may be made as may be necessary for that purpose ;
provided that the Court before which any such suit or matter is
pending may, on reasonable cause being sheAvn, direct that such
suit or matter shall be continued as if this Code had not been passed
up to tlie execution or to decree or to any stage of the suit or matter
which the Court may direct, after which stage the provisions of
this Code shall be applicable.
Interpretation. 2. In tliis Codc, uuless there be something repugnant in the
subject or context —
"Chief Secretary" means the Chief Secretary to Government,
Federated Malaj^ States ;
350
Pending
matters.
CIVIL PROCEDURE CODE. 351
" Civil prison " means any prison or part of a prison in which
persons arrested under civil process are confined ;
" Conveyance " includes transfer or assignment ;
" Decree " means the formal expression of an adjudication upon
any right claimed, or defence set up, in a Civil Court when such
adjudication, so far as regards the Court expressing it, decides the
suit or ajipeal ;
" Decree-holder " means any person in whose favour a decree
has been passed or an order capable of execution has been made,
and includes any person to whom such decree or order is
transferred ;
" Foreign Court " means a Court situate beyond the limits of the
Federated Malay States ;
" Foreign judgment " means the judgment of a foreign Court ;
" Judge " means the presiding officer of a Court ;
" Judgment " means the statement given by the Judge of the
grounds of a decree or order ;
" Judgment-debtor " means any person against whom a decree
has been passed or an order capable of execution has been made ;
" Legal Adviser" means the Legal Adviser to the Government
of the Federated Malay States ;
" Lower Civil Courts " means Courts of Magistrates of the First
Class and Courts of Magistrates of the Second Class ;
" Mesne profits " of property means those profits which the person
in wrongful possession of such property actually received or might
with ordinary diligence have received therefrom, together with
interest on such profits, but does not include profits due to improve-
ments made by the person in wrongful possession ;
" Order " means the formal expression of any decision of a Civil
Court which is not a decree ;
" Originating summons " means every summons other than a
summons in a pending suit or matter ;
'' Public officer " bears the same meaning as " public servant "
in the Penal Code ;
" Public Prosecutor " includes Deputy Public Prosecutor ;
" Registrar " includes Assistant Registrar ;
"Solicitor" means an advocate and solicitor of the Supreme
Court of the Federated Malay States.
3. The following portions of this Code shall not apply to the Provisions not
Supreme Court in the exercise of its original civil jurisdiction — supreme court.
namely. Sections 48, 111, 183, 184, 185, 186, 187, 188, 189, 190 (so
far as it relates to the manner of taking evidence), 198, 199, 200,
202, and so much of Section 452 as relates to the making of a
memorandum.
4. The Chapters and sections specified in the second schedule ^'■°J'j|f^^"|^^
shall apply (so far as they are applicable) to the Civil Courts below Lower courts.
the Court of a Judicial Commissioner.
The other Chapters and sections shall not apply to such Courts.
352
No. 15 OF 1918.
PART I.
SUITS IN GENERAL.
Pending suits.
Res judicata.
When foreii,'!!
judgment not
conclusive.
Chapter I.
RES JUDICATA.
5. Except where a suit has been stayed under Section 14, no
Court shall proceed with the trial of any suit in which the matter
in issue is also directly and substantially in issue in a ])reviously
instituted suit for the same relief between the same parties, or
between parties under whom they or any of them claim, j^ending
in the same or any other Court, whether superior or inferior, in the
Federated Malay States, having jurisdiction to grant such relief.
Explanation. — The pendency of a suit in a Foreign Court does not pre-
clude the Coiirts in the Federated Malay States from trying a suit founded
on the same cause of action.
6. No Court shall try any suit or issue in which tlie matter
directly and substantially in issue has been directly and substan-
tially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under
the same title, in a Court competent to try such subsequent suit or
the suit in which such issue has been subsequently raised, and
has been heard and finally decided by such Court.
Explanation I. — The expression "former suit" denotes a suit which
has been decided prior to the suit in question, whether or not it was instituted
prior thereto.
Explanation II. — The matter above referred to must in the former suit
have been alleged by one party and either denied or admitted, expressly or
impliedly, by the other.
Explanation III. — Any matter which might and ought to have been
made ground of defence or attack in such former suit shall be deemed to
have been a matter directly and substantially in issue in such suit.
Explanation IV. — Any relief claimed in the plaint which is not expressly
granted by the decree shall, for the purposes of this section, be deemed to
have been refused.
Explanation V. — A decision is final within the meaning of this section
when it is such as the Court making it could not alter (except on review) on
the application of either party or reconsider of its own motion. A decision
liable to appeal may be final within the meanmg of this section until the
appeal is made.
Explanation VI. — Where persons litigate boiiu fide in respect of a public
right or of a private right claimed in common for themselves and others, all
persons interested in such right shall, for the purpose of this section, be
deemed to claim under the persons so litigating.
Explanation VII. — Where a foreign jvidgment is relied on, the production
of any document purporting to be a certified copy of a foreign judgment is
presumptive evidence that such judgment was pronounced by a Court of
competent jurisdiction, unless the contrary appear on the record ; but sucli
presumption may be displaced by proving want of jurisdiction.
7. A foreign judgment shall be conclusive as to any matter thereby
directly adjudicated upon between the same parties or between
in which
CIVIL PROCEDURE CODE. 353
jiarties under whom they or any of them claim litigatmg under the
same title, except
(a) where it has not been pronounced by a Court of competent
jurisdiction ;
(6) where it has not been given on the merits of the case ;
(c) where it apjjears on the face of the proceedings to be founded
on an incorrect view of international law or a refusal to
recognize the law of the Federated Malay States or of any
of them in cases in which such law is applicable ;
(d) where the proceedings in Avhich the judgment was obtained
are opjiosed to natural justice ;
(e) where it has been obtained by fraud ;
(/) where it sustains a claim founded on a breach of any law
in force in the Federated Malay States or in any of them.
Chapter II.
THE PLACE OF SUING.
8. Every suit shall be instituted in the Court of the lowest grade c<jurt i
competent to try it. suit to be
■^ "^ instituted.
9. The provisions of this Chapter are subject to the limitations "The courts
prescribed by " The Courts Enactment, 1918," as to the jurisdiction ^"^g'=*™®'i*^'
of the Courts for the administration of civil justice in the Federated
Malay States.
10. The Resident of a State may, from time to time, by notifica- j^og^i iij^i,g ^j
tion in the Gazette, define the local limits of the Lower Civil Courts Lower civii
in such State. Unless and until the Resident of a State exercises
this power, the local limits of the Lower Civil Courts in such State
shall be those existing at the time when this Code comes into force.
11. (i) Suits or proceedings in the Supreme Court shall ordinarily ^j^^^ ^
be instituted andproceed-
1 (. '"^"^ ^"^ Supreme
(a) m the State where the defendant resides, or court may be
(b) if there are two or more defendants, in the State where
one of them resides, or
(c) in the State in which the facts constituting the ground of
jurisdiction either exist or are alleged to have occurred ;
but if it is made to appear to the Court or a Judge thereof, on the
application of either party, to be more fair to the parties, having
regard to all the circumstances of the case, to allow a suit or
proceeding to be brought in, removed to, or continued in any State,
or if all the parties to such suit or proceeding agree, the Court or
Judge may allow such suit or proceeding to be brought in, removed
to, or continued in such State.
(ii) Nothing in sub- section (i) contained shall affect any power
conferred by " The Courts Enactment, 1918," to appoint dates and
places for the despatch of the criminal and civil business of the
Court.
iir— 23
instituted.
354
No. 15 OF 1918.
Where suits in
Lower Courts
may be
instituted.
Suits for
compensation
l<jr wrongs to
person or
movables.
12. (i) AH suits in the Lower Civil Courts shall be instituted in
a Court within the local limits of whose jurisdiction
(a) the cause of action, wholly or in part, arises ; or
(b) the defendant, or each of the defendants where there are
more than one, at the time of the commencement of the
suit actually and voluntarily resides, or carries on business
or personally works for gain ; or
(c) any of the defendants, where there are more than one, at
the time of the commencement of the suit actually and
voluntarily resides, or carries on business or personally
works for gain. Provided that in such case either the
leave of the Court is given or the defendants who do
not reside or carry on business or personally work for
gain, as aforesaid, acquiesce in such institution.
Explanation I. — Where a person has a permanent dwelling at one place
and also a temporary residence at another place, he shall be deemed to reside
at both places in respect of any cause of action arising at the place where he
has such temporary residence.
Explanation II. — A corporation shall be deemed to carry on business at
its sole or principal office in the Federated Malay States, or, in respect of any
cavise of action arising at any place where it has also a subordinate office, at
such place.
Illustrations.
(a) A is a tradesman in Telok Anson. B carries on business in Ipoh. B, by
his agent in Telok Anson, buys goods of A and requests A to deliver them
to the Federated Malay States Railways. A delivers the goods accordingly
in Telok Anson. A may sue B for the price of the goods either in Telok
Anson, where the cause of action has arisen, or in Ipoh, where B carries on
business.
(b) A resides at Kuala Kubu, B at Kuala Lumpur, and C at Klang. A, B,
and C being together at Kajang, B and C make a joint promissory note
payable on demand and deliver it to A. A may sue B and C at Kajang,
where the cause of action arose. He may also sue them at Kuala Lumpiir,
where B resides, or at Klang, where C resides ; but in each of these cases, if
the non-resident defendant objects, the suit cannot proceed without the
leave of the Court.
(ii) A Judicial Commissioner may, on the application of any
Carty, or of his own motion, order that any suit pending in a Lower
pivil Court be transferred for trial to the Supreme Court or to any
other Lower Civil Court competent to try the same in respect of its
nature or the amount or value of its subject-matter.
13. Where a suit is for compensation for wrong done to the
person or to movable property, if the wrong was done within the
local limits of the jurisdiction of one Court and the defendant resides,
or carries on business, or personally works for gain, within the local
limits of the jurisdiction of another Court, the suit may be instituted
at the option of the plamtiff in either of the said Courts.
Illustrations.
(o) A, residing in Seremban, beats B in Port Dickson. B may sue A either
in Port Dickson or in Seremban.
(6) A, residing in Kuala Lipis, publishes in Pekan statements defamatory
of B. B may sue A either in Pekan or in Kuala Lipis.
CIVIL PROCEDURE CODE. 355
14. (i) Where a suit which may be instituted in more than one rower to stay
Court is instituted in a Court within the local limits of whose 'whweau^
jurisdiction the defendant or all the defendants does not or do not ^^t^^eg^je^ "^^
actually and voluntarily reside, or carry on business, or personally within
Avork for gain, the defendant or any defendant may, after giving J^'^isdiction.
notice in writing to the other parties of his intention to apply to the
Court to stay proceedings, apply to the Court accordingly.
(ii) If the Court, after hearing such of the parties as desire to be
heard, is satisfied that justice is more lil^ely to be done by the suit
being instituted in some other Court, it may stay proceedings either
finally or till further order, and make such order as it thinks fit as to
the costs already incurred by the parties or any of them.
(iii) In such case, if the plaintiff so requires, the Court shall return
the plaint with an endorsement thereon of the order staying
proceedings.
(iv) Every such application shall be made within fourteen days
after service of the summons on the applicant, and any defendant
not so applying shall be deemed to have acquiesced in the institution
of the suit.
15. Where the Court, under Section 14, stays proceedings, and the Remission of
plaintiff re-institutes his suit in another Court, the plaintiff shall not salt instituted^
be chargeable with any Court fee. court"*^'^^'^
Provided that the proper fee has been paid on the institution of
the suit in the former Court, and that the plaint has been returned by
such Court.
Chapter III.
PARTIES TO SUITS.
16. All persons may be joined as plaintiffs in v/hom any right to who may be
relief in respect of or arising out of the same act or transaction or plaintiffs.
series of acts or transactions is alleged to exist, whether jointly,
severally, or in the alternative, where, if such persons brought
separate suits, any common question of law or fact w^ould arise.
17. Where it appears to the Court that any joinder of plaintiffs Power to order
may embarrass or delay the trial of the suit, the Court may order ^^^'^'^^ ®
separate trials or make such other order as may be expedient.
18. All persons may be joined as defendants against whom any who may be
right to relief in respect of or arising out of the same act or trans- a°ef"ndants.
action or series of acts or transactions is alleged to exist, whether
jointly, severally, or in the alternative, where, if separate suits were
Ittrought against such persons, any common question of law or fact
would arise.
19. Judgment may be given without any amendment or'f^Snstine
(a) for such one or more of the plaintiffs as may be found to plrTes! °^ ^°'"*'
be entitled to relief, for such relief as he or they may be
entitled to ;
(b) against such one or more of the defendants as may be found
to be liable, according to their respective liabilities.
356
No. 15 OF 1918.
Interest of
defendant.
20. It shall not be necessary that every defendant be interested as
to all the relief claimed in any suit against him.
Joinder of 21. The plaintiff may, at his option, join as parties to the same
parties liable on g^j^ q\i qj. g^j^y Qf ^\^q persons Severally, or iointly and severally, liable
same contract. '' .it ./'j -,.,, . ^
on any one contract, mcludmg parties to bills of exchange and
promissory notes.
One party may
sue or defend on
behalf of all in
same interest.
Suit not to fail
by reason of
misjoinder or
non-joinder.
Court may
substitute or
add parties.
Court may
dismiss or add
parties.
Where defend-
ant added,
plaint to bo
amended.
22. (i) Where there are numerous persons having the same
interest in one suit, one or more of such persons may, with the
jDcrmission of the Court, sue or be sued, or may defend, in such suit,
on behalf of or for the benefit of all persons so interested. But the
Court shall in such case give, at the plaintiff's expense, notice of the
institution of the suit to all such persons either by personal service or
(where from the number of persons or any other cause such service
is not reasonably practicable) by public advertisement, as the Court
in each case may direct.
(ii) Any person on whose behalf or for whose benefit a suit is
instituted or defended under sub-section (i) may apply to the Court
to be made a party to such suit.
23. No suit shall be defeated by reason of the misjoinder or
non- joinder of parties, and the Court may in every suit deal with the
matter in controversy so far as regards the rights and interests of
the parties actually before it.
24. (i) Where a suit has been instituted in the name of the wrong
person as plaintiff, or where it is doubtful whether it has been
instituted in the name of the right plaintiff, the Court may at any
stage of the suit, if satisfied that the suit has been so instituted
through a hondf.de mistake and that it is necessary for the determina-
tion of the real matter in dispute so to do, order any other person or
persons to be substituted or added as plaintiff or plaintiffs upon such
terms as the Court thinks just.
(ii) The Court may at any stage of the proceedings, either uj^on
or without the application of either party, and on such terms as the
Court thinlcs just, order that the name of any party improj^erly
joined, whether as plaintiff or defendant, be struck out, and that the
name of any person who ought to have been joined, whether as
plaintiff or defendant, or whose presence before the Court may be
necessary in order to enable the Court effectually and completely to
adjudicate upon and settle all the questions involved in the suit,
be added.
(iii) No person shall be added as a plaintiff suing without a next
friend, or as the next friend of a plaintiff under any disability,
without his consent.
(iv) Where a defendant is added, the plaint shall, unless the
Court otherwise directs, be amended in such manner as may be
necessary, and amended copies of the summons and of the plaint
shall be served on the new defendant and, if the Court thinks fit, on
the original defendant.
(v) Subject to the provisions of the law for the time being relating
to the limitation of suits, the proceedings as against any person
CIVIL PROCEDURE CODE. 357
added as defendant shall be deemed to have begun only on the
service of the summons.
25. The Court may give the conduct of the suit to such person conduct of
suit.
as it deems proper.
26. (i) Where there are more plaintiffs than one, any one or more Appearance of
of them may be authorized by any other of them to appear, plead, or pLIntiff^^or'^
act for such other in any proceeding : and in like manner, where defendants for
there are more defendants than one, any one or more of them may be
authorized by any other of them to appear, plead, or act for such
other in any proceeding.
(ii) The authority shall be in writing signed by the party giving
it, and shall be filed in Court.
27. All objections on the ground of non-joinder or misjoinder of Time for taking
parties shall be taken at the earliest possible opportunity and in all °on!joinder or°
cases before the first hearing ; and any such objection not so taken misjoinder.
shall be deemed to have been waived.
Chapter IV.
FRAME OF SUIT.
28. Every suit shall, as far as practicable, be so framed as to afford Suit, how to be
ground for a final decision upon the subjects in dispute and to prevent ^^™^'*-
further litigation concerning them.
29. (i) Every suit shall include the whole of the claim which the suit to include
plaintiff desires to make in respect of the cause of action ; but a ^"^"'^ '^'^™'
plaintiff may relinquish any portion of his claim in order to bring the
suit within the jurisdiction of any Court.
(ii) If a plaintiff omit to sue in respect of, or intentionally
relinquish, any portion of his claim, he shall not afterwards sue in
respect of the portion so omitted or relinquished.
(iii) A person entitled to more than one relief in respect of the
same cause of action may sue for all or any of such reliefs ; but, if he
omits (except with the leave of the Court) to sue for all such reliefs,
he shall not afterwards sue for any relief so omitted.
(iv) For the purposes of this section an obligation and a collateral
security for its performance and successive claims arising under the
same obligation shall be deemed respectively to constitute but one
cause of action.
Illustration.
A lets a house to B at a yearly rent of $1,200. The rent for the whole of
the years 1905, 1906, and 1907 is due and unpaid. A sues B in 1908 only
for the rent due for 1906. A shall not afterwards sue B for the rent due
for 1905 or 1907.
30. No cause of action shall, unless with the leave of the Court, be oniy certain
joined Avith a suit for the recovery of immovable property or to j^oinedwlth^
obtain a declaration of title to immovable property, except onVn "^''°' "^
(a) claims in respect of mesne profits or arrears of rent in
respect of the property claimed ;
358
No. 15 OF 1918.
Claims by or
against
executor.
Plaintiff may
join several
causes of action.
Defendant may
apply to confine
suit.
(b) claims for damages for breach of any contract under which
the property or any part thereof is held ; and
(c) claims by a mortgagee or chargee to enforce any of his
remedies under the mortgage or charge.
31. No claim by or against an executor or administrator, as such,
shall be joined with claims by or against him personally, unless the
last-mentioned claims are alleged to arise with reference to the estate
in respect of which the plaintiff or defendant sues or is sued as
executor or administrator or are such as he was entitled to, or liable
for, jointly with the deceased person whom he represents.
32. (i) Subject to the provisions of Chapter II and of Section
30, the plaintiff may unite in the same suit several causes of action
against the same defendant or the same defendants jointly ; and any
plaintiffs having causes of action in which they are jointly interested
against the same defendant, or the same defendants jointly, may
unite such causes of action in the same suit.
(ii) Where it appears to the Court that any such causes of action
cannot be conveniently tried or disposed of together, the Court may
at any time before the first hearing, of its own motion or on the
application of any defendant, or at any subsequent stage of the suit
if the parties agree, order separate trials of any such causes of action
to be had or make such other order as may be necessary or expedient
for the separate disposal thereof.
(iii) Where causes of action are united, the jurisdiction of the
Court as regards the suit shall depend on the amount or value of the
aggregate subject-matters at the date of instituting the suit, whether
or not an order has been made under sub-section (ii).
33. (i) Any defendant alleging that the plaintiff has united in
the same suit several causes of action which cannot be conveniently
disposed of in one suit may at any time before the first hearing,
or, where issues are settled, before any evidence is recorded, apply to
the Court for an order confining the suit to such of the causes of
action as may be conveniently disposed of in one suit.
(ii) Where, on the hearing of such application, it appears to the
Court that the causes of action are such as cannot all be conveniently
disposed of in one suit, the Court may order any of such causes of
action to be excluded, and may direct the plaint to be amended
accordingly, and may make such order as to costs as may be just.
(iii) Every amendment made under this section shall be attested
by the signature of the Judge.
Appearance,
etc., may be i
person, by
recognized
agent or by
solicitor.
Chapter V.
RECOGNIZED AGENTS AND SOLICITORS.
34. Any appearance, application, or act in or to any Court,
required or autiiorized by law to be made or done by a party to a
suit or a|)i)eal in such Court, may, except where otherwise expressly
provided by any law for the time being in force, be made or done by
the party in person, or by his recognized agent, or by a solicitor duly
appointed to act on his behalf.
CIVIL PROCEDURE CODE. 359
Provided that any such appearance shall, if the Court so directs,
be made by the party in person.
35. The recognized agents of parties by whom such appearances, Recognized
applications, and acts may be made or done are *'^° ^'
(a) persons holding powers of attorney from parties not resident
Avithin the local limits of the jurisdiction of the
Court within which limits the appearance, application, or
act is made or done, authorizing them to make and do
such appearances, applications, and acts on behalf of such
parties ;
(b) persons carrjdng on trade or business for and in the names
of parties not resident within the local limits of the jurisdic-
tion of the Court within which limits the appearance,
application, or act is made or done, in matters connected
with such trade or business only, where no other agent is
expressly authorized to make and do such aj)pearances,
applications, and acts.
36. (i) Processes served on the recognized agent of a party to a service of
suit or appeal shall be as effectual as if the same had been served on i^Jc°o|nized
the party in person, unless the Court otherwise directs. agent.
(ii) The provisions of this Code for the service of process on a
party to a suit shall apply to the service of process on his recognized
agent.
37. The appointment of a solicitor to make or do any appearance, Appointment of
application, or act as aforesaid shall be in writing and shall be filed
in Court. When so filed it shall be considered to be in force until
revoked, with the leave of the Court, by a writing signed by the client
and filed in Court, or until the client or the solicitor dies or all
proceedings in the suit are ended so far as regards the client.
38. Processes served on the solicitor of any party or left at the service of
office of such solicitor, or at his ordinary residence if he have no office, soUdtor?"
relative to a suit or appeal, and whether the same be for the personal
appearance of the party or not, shall be presumed to be duly
communicated and made known to the party whom the solicitor
represents, and, unless the Court otherwise directs, shall be as
effectual for all purjDoses in relation to the suit or appeal as if the same
had been given to or served on the party in person.
39. (i) Besides the recognized agents described in Section 35 anv ^^ent to accept
person residing within the jurisdiction of the Court may be appointed
an agent to accept service of process.
(ii) Such appointment may be special or general and shall be
made by an instrument in writing signed by the principal, and such
instrument, or, if the appointment be general, a certified copy
thereof, shall be filed in Court.
Chapter VI.
INSTITUTION OF SUITS.
40. Every suit shall be instituted by presenting a plaint to the ^^^^^*g°^^gj
Court or such officer as it appoints in this behalf. by plaint.
41. (i) The plaint shall be distinctly WTitten in English and shall J^^^f^f^
contain the following particulars : piaint.
360
No. 15 OF 1918.
(a) the name of the Court in which the suit is brought ;
(6) the name, description, and place of residence of the plaintiff ;
(c) the name, description, and place of residence of the
defendant, so far as they can be ascertained ;
(d) a plain and concise statement of the circumstances consti-
tuting the cause of action, and where and when it arose ;
(e) a demand of the relief which the plaintiff claims ; and
(/) if the plaintiff has allowed a set-off or relinquished a portion
of his claim, the amount so allowed or relinquished.
(ii) Where the plaintiff seeks the recovery of money, the jjlaint
shall state the precise amount claimed.
But where the plaintiff sues for mesne profits, or for an amount
which will be found due to him on taking unsettled accounts between
him and the defendant, the j)laint shall state approximately the
amount sued for.
(iii) Where the plaintiff sues in a representative character, the
plaint shall shew not only that he has an actual existing interest in
the subject-matter but that he has taken the steps (if any) necessary
to enable him to institute a suit concerning it.
Illustrations.
Plaint to be
sic^ned and
verified.
Contents of
verification.
(a) A sues as B's executor.
B's will.
(6) A sues as C's administrator.
out administration to C's estate.
The plaint must state that A has jiroved
The plaint mvist state that A has taken
(iv) The plaint shall shew that the defendant is or claims to be
interested in the subject-matter and that he is liable to be called
upon to answer the plaintiff's demand.
Illustration.
A dies, leaving B his executor, C his legatee, and D a debtor to A's estate.
C sues D to compel him to pay his debt in satisfaction of C's legacy. The
plaint must shew that B has causelessly refused to sue D, or that B and D
have colluded for the purpose of defrauding C, or other such circumstances
rendering D liable to C.
(v) Where the cause of action arose beyond the period ordinarily
allowed by any law for instituting the suit, the plaint shall shew
the ground upon which exemption from such law is claimed.
42. The plaint shall be signed by the plaintiff and his solicitor
(if any) and shall be verified at the foot by the plaintiff or by
some other person proved, to the satisfaction of the Court, to be
acquainted with the facts of the case.
Provided that, where the plaintiff is, by reason of absence or
for other good cause, unable to sign the plaint, it may be signed
by any person duly authorized by him in this behalf.
43. The verification shall be to the effect that the same is true
to the knowledge of the person making it, except as to matters
stated on information and belief, and that as to those matters he
believes it to be true.
The verification shall be signed by the person making it.
CIVIL PROCEDURE CODE. 361
44. (i) The plaint may, at the discretion of the Court, where plaint
may be rejected,
(a) at, or at any time before, the settlement of issues be rejected imeadme^nt, or
if it does not disclose a cause of action ; amended.
(6) at, or at any time before, the settlement of issues be returned
for amendment within a time to be fixed by the Court,
and upon such terms as to the payment of costs occasioned
by such amendment as the Court thinks fit, if it
(1) is not signed and verified as hereinbefore required,
(2) does not state correctly and without prolixity the
several particulars hereinbefore required or contains
particulars other than those so required,
(3) is wrongly framed by reason of non-joinder or misjoinder
of parties, or joins causes of action which ought not
to be joined in the same suit, or
(4) is not framed in accordance with the provisions of
Section 28 ;
(c) at any time before judgment be amended by the Court upon
such terms as to the payment of costs as the Court thinks
fit.
Provided that a plaint shall not be amended, either by the party
to whom it is returned for amendment or by the Court, so as to
convert a suit of one character into a suit of another and inconsistent
character.
(ii) Where a plaint is amended under this section, the amendment
shall be attested by the signature of the Judge.
45. The plaint shall be rejected in the following cases : -where pUiut
shall be
(a) where the relief sought is undervalued, and the plaintiff, rejected.
on being required by the Court to correct the valuation
within a time to be fixed by the Court, fails to do so ;
{b) where the relief sought is properly valued, but the plaint
is written upon paper insufficiently stamped, and the
plaintiff, on being required by the Court to supply properly
stamped paper within a time to be fixed by the Court,
fails to do so ;
(c) where the suit appears from the statement in the plaint to
be barred by any law ;
(d) where the plaint, having been returned for amendment
within a time fixed by the Court, is not amended within
such time.
46. Where a plaint is rejected, the Judge shall record with his procedure on
own hand an order to that effect with the reason for such order. rejecting piamt.
47. The rejection of the plaint on any of the grounds herein- where rejection
before mentioned shall not of its owii force preclude the plaintiff not preclude"
from presenting a fresh plaint in respect of the same cause of action, f/gfh p'iaint'! °^
362
No. 15 OF 1918.
Where plaint
shall be
returned to be
presented to
proper Court.
Procedure on
admitting
plaint.
Production of
document on
which plaintill
sues.
48. (i) The plaint shall be returned to be presented to the proper
Court
(a) where a suit has been instituted in a Court whose grade is
lower or higher than that of the Court competent to try-
it and no option as to the selection of the Court is allowed
by law ;
(6) where the suit is one which under the provisions of " The
Courts Enactment, 1918," the Court to which the plaint
has been presented has no jurisdiction to try ;
(c) where, in any other case, it appears that the cause of action
did not arise, and that none of the defendants are dwelling
or carrying on business, or personally working for gain,
within the local limits of the jurisdiction of the Court to
which the plaint is presented.
(ii) On returning a plaint the Judge, or the Registrar by his
order, shall endorse thereon the date of its presentation and return,
the name of the party presenting it, and a brief statement of the
reason for returning it.
49. (i) The plaintiff shall endorse on the plaint, or annex thereto,
a memorandum of the documents (if any) which he has produced
along with it ; and, if the plaint is admitted, shall present as many
copies on plain paper of the plaint as there are defendants, unless
the Court by reason of the length of the plaint or the number of
the defendants, or for any other sufficient reason, permits him to
present a like number of concise statements of the nature of the
claim made or of the relief or remedy required, in the suit, in which
case he shall present svich concise statements.
(ii) If the plaintiff sues, or the defendant or any of the defendants
is sued, in a representative capacity, such concise statement shall
shew in what capacity the plaintiff or defendant sues or is sued.
(iii) The plaintiff may, by leave of the Court, amend such concise
statements so as to make them correspond with the plaint.
(iv) The chief ministerial officer of the Court shall sign such
memorandum and copies or concise statements if, on examination,
he finds them to be correct.
(v) The Court shall cause the particulars mentioned in Section 41
to be entered in a book to be kept for the purpose and called the
register of civil suits. Such entries shall be numbered in every
year according to the order in which plaints are admitted.
50. (i) Where a plaintiff sues upon a document in his possession
or power, he shall produce it in the Court when the plaint is
presented and shall at the same time deliver the document or a
copy thereof to bo filed with the plaint.
(ii) Where he relies on any other documents (whether in his
possession or power or not) as evidence in support of his claim, he
shall enter such documents in a list to be annexed to the plaint.
(iii) This section applies only to documents which are in their
nature the essence of the case and on which the plaint is founded.
CIVIL PROCEDURE CODE.
363
statement in
case of
documents not
in his possession
or power.
Suits on lost
ne;?otiable
instruments.
Production o£
shop-book.
Inadmissibility
of document
not produced
when plaint
filed.
51. In the case of any such document not in his possession or
power, he shall, if possible, state in whose possession or power it is.
52. In the case of any suit founded upon a negotiable instrument,
if it be proved that the instrument is lost, and if an indemnity be
given by the plaintiff, to the satisfaction of the Court, against the
claims of any other person upon such instrument, the Court may
make such decree as it would have made if the plaintiff had pro-
duced the instrument in Court when the plaint was presented and
had at the same time delivered a copy of the instrument to be filed
with the plaint.
53. (i) Where the document on which the plaintiff sues is an
entry in a shop-book or other book in his possession or power, the
plaintiff shall produce the book at the time of filing the plaint,
together mth a copy of the entry on which he relies.
(ii) The Court, or such officer as it appoints in this behalf, shall
forthwith mark the document for the purpose of identification and,
after examining and comparing the copy with the original and
attesting the copy if found correct, shall return the book to the
plaintiff and cause the copy to be filed.
54. (i) A document which ought to be produced in Court by the
plaintiff when the plaint is presented, or to be entered in the list
to be annexed to the plaint, and which is not produced or entered
accordingly, shall not, without the leave of the Court, be received
in evidence on his behalf at the hearing of the suit.
(ii) Nothing in this section applies to documents produced for
cross-examination of the defendant's witnesses or in answer to any
case set up by the defendant or handed to a witness merely to
refresh his memory.
Chapter VII.
ISSUE AND SERVICE OF SUMMONS.
ISSUE OF SUMMONS.
55. (i) When the plaint has been registered and the copies or summons.
concise statements required by Section 49 have been filed, a summons
may be issued to each defendant to appear and answer the claim,
on a day to be therein specified,
(a) in person, or
(b) by a solicitor duly instructed and able to answer all material
questions relating to the suit, or
(c) by a solicitor accompanied by some other person able to
answer all such questions.
Provided that no such summons shall be issued when the
defendant has appeared at the presentation of the plaint and
admitted the plaintiff's claim.
(ii) Every such summons shall be signed by the chief ministerial
officer of the Court, and shall be sealed with the seal of the Court.
56. Every such summons shall be accompanied by one of the copy or
copies or concise statements mentioned in Section 49. annexeTto
summons-
361
No. 15 OF 1918.
Court may
order defendant
or plaintiff to
appear in
person.
No party to be
ordered to
appear unless
resident within
local limits of
Court.
Summons to be
either to settle
issues or for
final disposal.
Fixing day for
appearance of
defendant.
Summons to
order defendant
to produce
documents
required by
plaintiff or
relied on by
defendant.
On issue of
summons for
final disposal,
defendant to be
directed to
produce his
witnesses.
Leave of
Supreme Court.
Procedure to
obtain leave to
issue.
57. (i) Where the Court sees reason to require the personal
appearance of the defendant, the summons shall order him to
appear in person in Court on the day therein specified.
(ii) Where the Court sees reason to require the personal appear-
ance of the plaintiff on the same day, it may make an order for
such appearance.
58. No party shall be ordered to appear in person unless he
resides within the local limits of the jurisdiction of the Court.
59. The Court shall determine, at the time of issuing the summons,
whether it shall be for the settlement of issues only, or for the final
disposal of the suit ; and the summons shall contain a direction
accordingly.
Provided that, in every suit heard by any Court other than the
Supreme Court, the summons shall be for the final disposal of the
suit,
60. The day for the appearance of the defendant shall be fixed
by the Court with reference to its current business, the place of
residence of the defendant, and the time necessary for the service
of the summons ; and the day shall be so fixed as to allow the
defendant sufficient time to enable him to appear and answer on
such day.
What is " sufficient time " shall be determined with reference to
the circumstances of the case.
61. The summons to appear and answer shall order the defendant
to produce any document in his possession or power, containing
evidence relating to the merits of the plaintiff's case, or upon
which the defendant intends to relj'" in support of his case.
62. When the summons is for the final disposal of the suit, it
shall direct the defendant to produce, on the day fixed for his
appearance, the witnesses ujjon whose evidence he intends to rely
in support of his case.
SUMMONS FOR SERVICE OUT OF THE FEDERATED MALAY STATES
63. No summons for service on a defendant out of the Federated
Malay States shall be issued by any Court without the leave of the
Supreme Court or a Judge thereof.
64. Any party desiring that a summons be issued for service
on a defendant out of the Federated Malay States shall deliver
to the Registrar of the Supreme Court the summons and copy
which he desires to issue, and the title of the intended suit shall
be entered in the register of civil suits of the Court in which the
said suit is to be instituted, and the next serial number shall pro-
visionally be assigned to such summons. The appUcation for leave
to issue shall be by summons in Chambers, and, on production of
the sunnnons bearing a note or memorandum, signed by a Judicial
Commissioner or by the Registrar, giving leave for the issue of a
summons the summons, completed in accordance with the terms
of such order, shall be sealed and issued.
CIVIL PROCEDURE CODE. 365
65. (i) Service out of the Federated Malay States may be allowed when service
by the Supreme Court or a Judge thereof whenever Federa^ted
(a) the whole subject-matter of the suit is immovable property may be allowed.
situate within the Federated Malay States (with or without
rents or profits) ; or
(b) any act, instrument, will, contract, obligation, or liability
affecting immovable property situate A\ithin the Federated
Malay States is sought to be construed, rectified, set aside,
or enforced in the suit ; or
(c) any relief is sought against any person domiciled or ordinarily
resident within the Federated Malay States ; or
(d) the action is for the administration of the estate of any
deceased person, who, at the time of his death, was
domiciled, or ordinarily resided, or carried on business,
within the Federated Malay States, or for the execution
(as to property situate within the Federated Malay
States) of the trusts of any written instrument, of which
the person to be served is a trustee, which ought to be
executed according to the law of the Federated Malay
States ; or
(e) the action is founded on the breach or alleged breach within
the Federated Malay States, of any contract wherever
made, which according to the terms thereof ought to be
performed within the Federated Malay States ; or
(/) any injunction is sought as to anything to be done within
the Federated Malay States, or any nuisance within the
Federated Malay States is sought to be prevented or
removed, whether damages are or are not also sought in
respect thereof ; or
{g) any person out of the Federated Malay States is a necessary
or proj)er party to a suit properly brought against some
other person duly served within the Federated Malay
States.
(ii) Any order giving leave to effect such service shall, unless the
mode of service be prescribed by this Code, direct in what mode
service is to be effected, and the reasonable expenses of such service
shall be allowed.
66. Every application for leave to issue a summons for service on Affidavit in
a defendant out of the Federated Malay States shall be supported by appii°atiol for
an affidavit or other evidence, stating that, in the belief of the service out of
1 i ii 1 • J.-IY 1 1 J! i- 1 1 • • the Federated
deponent, the piamtiii has a good cause of action, and shewing m Malay states.
what place or country such defendant is or probably may be found,
the ordinary means of communication with such place or country,
and the grounds on which the application is made ; and no such
leave shall be granted unless it is made sufficiently to appear to the
Court or Judge that the case is a proper one for service out of the
Federated Malay States under this section. A copy of the plaint
shall be filed with the application.
366
No. 15 OF 1918.
Delivery of
summons for
service.
SERVICE OF SUMMONS.
67. If the defendant resides within the jurisdiction of the Court
in which the suit is instituted, or has an agent resident within that
jurisdiction who is empowered to accej^t service of the summons,
the summons shall ordinarily be delivered or sent to the proper
officer to be served by him or one of his subordinates.
Moae of service. 68. Scrvice of the summons shall be made by delivering or
tendering a copy thereof signed by the chief ministerial officer of the
Court and sealed with the seal of the Court.
Service on
several
defendants.
Service to be on
defendant in
person when
practicable, or
on his agent.
Service on agent
by whom
defendant
carries on
business.
Service on .igent
in charge, in
suits for
immovable
property.
When ser^'ice
may be on male
member of
defendant's
family.
Person served
to siL;n acknow-
ledgment.
Procedure
where
defendant
refuses to
accept service,
or cannot be
found.
69. Except as otherwise provided by this Code, where there
are more defendants than one, service of the summons shall be
made on each defendant.
70. Wherever it is practicable, the service shall be made on the
defendant in person, unless he have an agent empowered to accept
service, in which case service on such agent shall be sufficient.
71. (i) In a suit relating to any business or work against a person
who does not reside within the local limits of the jurisdiction of the
Court from which the summons issues, service on any manager or
agent, who, at the time of service, personally carries on such business
or work for such person within such limits, shall be deemed good
service.
(ii) For the purpose of this section the master of a ship is the-
agent of his owner or charterer.
72. Where in a suit to obtain relief respecting, or compensation
for wrong to, immovable property, the service cannot be made on the
defendant in person, and the defendant has no agent empowered to
accept service, it may be made on any agent of the defendant in
charge of the property,
73. Where in any suit the defendant cannot be found and has no
agent empowered to accept service of the summons on his behalf, the
service may be made on any adult male member of the family of
the defendant who is residing with him.
Explanation. — A servant is not a member of the family within the
meaning of this section.
74. Where the serving-officer delivers or tenders a copy of the
summons to the defendant personally, 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.
75. Where
(a) the defendant or other person refuses or is unable to sign
the acknowledgment, or
{b) the serving-officer cannot find the defendant, 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,
CIVIL PROCEDURE CODE. 367
the serving-officer shall affix a copy of the summons on the outer
door of the house in which the defendant ordinarily resides and then
return the original to the Court from which it issued, with a return
endorsed thereon or annexed thereto stating that he has so affixed
the copy and the circumstances under which he did so.
76. The serving-officer shall, in all cases in which the summons Endorsement of
has been served under Section 74, endorse or annex, or cause to be niTnner of
endorsed or annexed, on or to the original summons a return stating service.
the time when and the manner in which the summons was served.
77. Where a summons is returned under Section 75, the Court Examination of
shall, if the return under that section has not been verified by the ^ervrng-o cer.
affidavit of the serving-officer, and may if it has been so verffied,
examine the serving-officer on affirmation, or cause him to be so
examined by another Court, touching his proceedings, and may make
such further enquiry in the matter as it thinks fit ; and shall either
declare that the summons has been duly served or order such service
as it thinks fit.
78. (i) Where the Court is satisfied that there is reason to believe Substituted
that the defendant is keeping out of the way for the purpose of ^^'"^i'^*'-
avoiding service, or that for any other reason the summons cannot
be served in the ordinary way, the Court shall order the summons
to be served by affixing a copy thereof in some conspicuous place in
the Court-house and also upon some conspicuous part of the house,
if any, in which the defendant is known to have last resided, or in
such other manner as the Court thinks fit.
(ii) The Court may also, in any case falling within the terms of
sub-section (i), make an order for the substitution for service of
notice by advertisement in the Gazette and in such local newspaper
or newspapers as the Court may think fit.
(iii) Service substituted by order of the Court shall be as effectual
as if it had been made on the defendant personally.
(iv) Where service is substituted by order of the Court, the
Court shall fix such time for the appearance of the defendant as the
case may require.
79. (i) If the defendant resides within the jurisdiction of any service of
Court m the Federated Malay States other than the Court in which ^°'°''^
the suit is instituted and has no agent resident within the local defendant
limits of the jurisdiction of the latter Court empowered to accept j'urisdfctlo'nL'f
service of the summons, such Court shall send the summons, either by another court
one of its officers or by post, to any Court navmg jurisdiction at agent to accept
the place where the defendant resides by which it can be conveniently
served, and shall fix such time for the appearance of the defendant
as the case may require.
(ii) The Court to which the summons is sent shall, upon receipt
thereof, proceed as if it had been issued by such Court, and shall then
return the summons to the Court from which it originally issued,
together with the record (if any) of its proceedings with regard
thereto.
service.
368
No. 15 OF 1918.
Service on
defendant in
prison.
Service in the
Colony.
Servioe where
defendant
resides out of
the Federated
Malay States
and Colony and
has no agent to
accept service.
Substitution of
letter for
summons.
80. (i) Where the defendant is confined hi a prison, the summons
shall be delivered to the officer in charge of the prison, and such
officer shall cause the summons to be served upon the defendant.
(ii) The summons shall be returned to the Court from Avhich it
issued, with a statement of the service endorsed thereon and signed
by the officer in charge of the prison and by the defendant.
(iii) If the prison in which the defendant is confined is not in the
district in which the suit is instituted, the summons may be sent by
post or otherwise to the officer in charge of such prison, and such
officer shall cause the summons to be served upon the defendant and
shall return the summons to the Court from which it issued, with a
statement of the service endorsed thereon and signed as j)rovided in
sub-section (ii).
81. Where the defendant resides in the Colony, the summons may
be sent by registered post to the Registrar or to an Assistant
Registrar of the Sujireme Court of the Colony, and if the summons be
returned with an endorsement of service thereon and with an affi-
davit of such service purporting to have been made before and
authenticated by the official seal of such Registrar or Assistant
Registrar, the summons shall be deemed to have been duly served.
82. Where the defendant does not reside in the Federated Malay
States or in the Colony and has no agent in the Federated Malay
States empowered to accept service, the summons shall be addressed
to the defendant at the place where he is residing and forwarded
to him by registered post, if the defendant's address be known and
if there be postal communication between such place and the place
where the Court is situate.
83. (i) The Court may, notwithstanding anything hereinbefore
contained, substitute for the summons a letter signed by the Judge
where the defendant is, in the opinion of the Court, of a rank which
entitles him to such mark of consideration.
(ii) The letter shall contain all the particulars requu'cd to be
stated in the summons and, subject to the provisions of sub-section
(iii), shall be treated in all respects as a summons.
(iii) A letter so substituted for a summons may be sent to the
defendant by registered post or by a special messenger selected by the
Court, or in any other manner which the Court thinks fit ; and
where the defendant has an agent empowered to accept service
of summons, the letter may be delivered or sent to such agent.
Process to be
served at
expense of
party issuing.
Notices and
orders in
writing, how
Berved.
SERVICE OP PROCESS GENERALLY.
84. (i) Every process issued under this Code shall be served at
the expense of the party on whose behalf it is issued, unless the Court
otherwise directs.
(ii) The Court fee payable for such service shall be paid within a
time to be fixed by the Court before the process is issued.
85. Subject to the provisions of Sections 34 to 39, all notices and
orders required by this Code to be given to or served on any person
shall be in writmg and shall be served in the manner hereinbefore
provided for the service of the summons.
CIVIL PROCEDURE CODE. 369
POSTAGE.
86. (i) Postage, where chargeable on any notice, summons, or Postage.
letter issued under this Code and forwarded by post, and the fee for
registering the same, shall be paid within a time to be fixed by the
Court before the communication is forwarded ; provided that a
Judicial Commissioner may remit such postage or fee or both.
(ii) The Judicial Commissioners may, with the approval of the
Chief Secretary, prescribe a scale of Court fees to be paid in lieu of
such postage and registration fees.
Chapter VIII.
WRITTEN STATEMENT AND SET-OFF.
87. The parties may, at any time before or at the first hearing of written
the suit, tender written statements of their respective cases, and the statements.
Court shall receive such statements and place them on the record.
88. (i) Where in a suit for the recovery of money the defendant Particulars oi
claims to set off against the plaintiff's demand any ascertamed sum give°rfin w^uten
of money legally recoverable by him from the plaintiff, not exceeding etatement.
the pecuniary limits of the jurisdiction of the Court, and in such
claim of the defendant against the plaintiff both parties fill the same
character as they fill in the plaintiff's suit, the defendant may at the
first hearing of the suit, but not afterwards unless permitted by
the Court, tender a written statement containing the particulars of
the debt sought to be set-off.
(ii) The written statement shall have the same effect as a plaint
in a cross suit so as to enable the Court to pronounce a final judgment
in respect both of the original claim and of the set-off ; but this shall
not affect the lien, upon the amount decreed, of any solicitor in
respect of the costs payable to him under the decree.
Illustrations.
(a) A bequeaths $2,000 to B, and appoints C his executor and residuary-
legatee. B dies and D takes out adniinistration to B's effects. C pays
$1,000 as surety for D. Then D sues C for the legacy. C cannot set-off the
debt of $1,000 against the legacy, for neither C nor D fills the same character
with respect to the legacy as they fill with respect to the payment of the
$1,000.
(6) A dies intestate and in debt to B. C takes out administration to A's
effects, and B buys part of the effects from C. In a suit for the purchase-
money by C against B the latter cannot set-off the debt against the price,
for C fills two different characters, one as the vendor to B, in which he sues
B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully
neglected to insure B's goods and is liable to him in compensation, which he
claims to set-off. The amount not being ascertained cannot be set-off.
(d) A sues B on a bill of exchange for $500. B holds a judgment against
A for $1,000. The two claims, being both definite pecmiiary demands, may
be set-off.
(e) A sues B for compensation on account of a trespass. B holds a
promissory note for $1,000 from A and claims to set-off that amotmt against
any sum that A may recover in the suit. B may do so, for, as soon as A
recovers, both sums are definite pecuniary demands.
Ill— 24
370
No. 15 OF 1918.
No written
statement to be
received after
first hearing.
Procedure when
party fails to
present written
statement
called for by-
Court.
Frame
of written
statement.
Written
statements to be
signed and
verified.
Power of
Court as to
argumentative,
prolix, or
irrelevant
written
statement.
{/) A and B sue C for $1,000. C cannot set-off a debt due to him by A
alone.
(g) A sues B and C for $1,000. B caiinot set-off a debt due to him alone
by A.
{h) A owes the partnership firm of B and C $1,000. B dies leaving C
surviving. A sues C for a debt of $1,500 due in his separate character.
C may set-off the debt of $1,000.
89. Except as provided in the last preceding section, no written
statement shall be received after the first hearing of the suit.
Provided that the Court may at any time require a written
statement, or additional written statement, from any of the parties,
and fix a time for presentmg the same.
Provided also that a written statement, or an additional written
statement, may, with the permission of the Court, be received at
any time for the purpose of answering written statements so required
and presented.
90. Where any party from whom a written statement is so re-
quired fails to present the same within the time fixed by the Court,
the Court may pass a decree against him or make such order in
relation to the suit as it thinks fit.
91. (i) Written statements shall be as brief as the nature of the
case admits, and shall not be argumentative, but shall be confined as
much as possible to a simple narrative of the facts which the party
by whom or on whose behalf the \^Titten statement is made believes
to be material to the case, and which he either admits or believes he
will be able to prove.
(ii) Every such statement shall be divided into paragraphs,
numbered consecutively, each paragraph containing as nearly as
may be a separate allegation.
92. Written statements shall be signed and verified in the manner
hereinbefore provided for signing and verifying plaints, and no
MTitten statement shall be received unless it is so signed and verified.
93. (i) Where it appears to the Court that any written statement,
whether called for by the Court or spontaneously tendered, is
argumentative or prolix, or contains matter irrelevant to the suit,
the Court may amend it then and there, or may, by an order to be
endorsed thereon, reject the same, or return it to the party by whom
it was made for amendment within a time to be fixed by the Court,
imposing such terms as to costs or otherwise as the Court thinks fit.
(ii) Where any amendment is made under this section, the Judge
shall attest it by his signature.
(iii) Whore a written statement has been rejected under this
section, the party making it shall not present another written state-
ment unless it be expressly called for or allowed by the Court,
Chapter IX.
APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE.
Parties to 94 Qn the day fixed in the summons for the defendant to appear
appear on day '' , 1, 1 . i i j^i /-i i. i, •
fixed in and answer, the parties shall be m attendance at tlie ( ourt-house m
dSunVro person or by their respective solicitors, and the suit shall then be
appear and
CR^L PROCEDURE CODE.
371
Dismissal
o£ suit where
summons not
served in
consequence of
plaintiff's
failure to pay
fee for issuing.
Where neither
party appears,
suit to be
dismissed.
In such case
plaintiff may
isring fresh suit,
or Court may
restore suit to
its file.
heard, unless the hearing be adjourned to a future day fixed by the
Court.
95. Where on the day so fixed it is found that the summons has
not been served upon the defendant in consequence of the failure of
the plaintiff to pay the Court fee payable for such service, the Court
may make an order that the suit be dismissed.
Provided that no such order shall be made, although the summons
has not been served upon the defendant, if, on the day fixed for him
to appear and answer, he attends in person or by agent, when he is
allowed to aj)pear by agent.
96. Where on the day fixed for the defendant to appear and
answer, or on any other subsequent day to which the hearing of the
suit is adjourned, neither party appears when the suit is called on
for hearing, the suit shall be dismissed, unless the Judge, for reasons
to be recorded under his hand, otherwise directs.
97. Where a suit is dismissed under Section 95 or Section 96, the
plaintiff may (subject to the law of limitation) bring a fresh suit ; or
he may apply for an order to set the dismissal aside, and if, within
the period of thirty days from the date of the order dismissing the
suit, he satisfies the Court that there was sufficient cause for his not
paying the Court fee required within the time fixed before the issue
of the summons, or for his non-appearance, as the case may be, the
Court shall make an order setting aside the dismissal and shall
appoint a day for proceeding with the suit.
98. (i) Where after a summons has been issued to the defendant,
or to one of several defendants, and returned unserved, the plaintiff
fails for a period of one year from such return to apply for the issue
of a fresh summons and to satisfy the Court that he has used his best
endeavours to discover the residence of the defendant who has not
been served, or that such defendant is avoiding service of process,
the Court may make an order that the suit be dismissed as against
such defendant.
(ii) In such case the plaintiff may (subject to the law of hmitation)
bring a fresh suit.
99. (i) Where the plaintiff appears and the defendant does not Procedure
appear when the suit is called on for hearing, then plaintiff" ^
(a) if it is proved that the summons was duly served, the Court
may proceed ex parte ;
(6) if it is not proved that the summons was duly served, the
Court shall direct a second summons to be issued and
served on the defendant ;
(c) if it is proved that the summons was served on the defend-
ant, but not in sufficient time to enable him to appear and
answer on the day fixed in the summons, the Court shall
postpone the hearing of the suit to a future day to be fixed
by the Court, and shall direct notice of such day to be given
to the defendant.
(ii) Where it is owing to the plaintiff's default that the summons
was not duly served or was not served in sufficient time, the Court
Dismissal of
suit where
plaintiff, after
summons
returned
unserved, faiU
for a year
to apply
for fresh
summons.
372
No. 15 OF 1918.
Procedure
where defend-
ant appears
on day of
adjourned hear-
ing and assisns
good cause for
previous non-
appearance.
Procedure
wliere defend-
ant only
appears.
Decree against
plaintiff by
default bars
fresh suit.
Procedure
where defend-
ant residing
out of the
Federated
Malay States
does
not appear.
Procedure in
case of non-
attendance of
one or more of
several
plaintiffs.
Procedure in
case of non-
attendance of
.one or more of
several
defendants.
Consequence
of non-attend-
ance, without
sufficient cause
shewn, of party
ordered to
appear.
shall order the plaintiff to pay the costs occasioned by the post-
2)onement.
100. Where the Court has adjourned the hearing of the suit ex
2mrte, and the defendant, at or before such hearing, apj^ears and
assigns good cause for his previous non-appearance, he may, upon
such terms as the Court directs as to costs or otherAvise, be heard in
answer to the suit as if he had appeared on the day fixed for his
appearance.
101. Where the defendant appears and the plaintiff does not
appear when the suit is called on for hearing, the Court shall make an
order that the suit be dismissed, unless the defendant admits the
claim, or part thereof, in which case the Court shall pass a decree
against the defendant upon such admission, and, where part only of
the claim has been admitted, shall dismiss the suit so far as it relates
to the remainder.
102. (i) Where a suit is wholly or partly dismissed under Section
101, the plaintiff shall be precluded from bringing a fresh suit in
respect of the same cause of action. But he may apply for an order
to set the dismissal aside ; and, if he satisfies the Court that there
was sufficient cause for his non-appearance when the suit was called
on for hearing, the Court shall make an order setting aside the dis-
missal upon such terms as to costs or otherwise as it thinks fit, and
shall appoint a day for proceeding \nth the suit.
(ii) No order shall be made under this section unless the plaintiff
has served the defendant with notice in writing of his application.
103. Where on the day fixed for the hearing of a suit against a
defendant residing out of the Federated Malay States, who has no
agent empowered to accept service of summons, or on any day to
which the hearing has been adjourned, the defendant does not appear,
the plaintiff may apply to the Court for permission to proceed with
his suit, and the Court may direct that the plaintiff be at liberty to
proceed with his suit in such manner and subject to such conditions
as the Court thinks fit.
104. Where there are more plaintiffs than one, and one or more
of them appear and the others do not appear, the Court may, at the
instance of the plaintiff or plaintiffs appearing, permit the suit to
i:)roceed in the same way as if all the plaintiffs had appeared, or make
such order as it thinks fit.
105. Where there are more defendants than one, and one or more
of them appear and the others do not appear, the suit shall proceed,
and the Court shall, at the time of passing judgment, make such
order as it thinks fit with respect to the defendants who do not
appear.
106. Where a plaintiff or defendant who has been ordered to
appear in person does not appear in person, or shew sufficient cause
to the satisfaction of the Court for failing so to appear, he shall be
subject to all the provisions of the foregoing sections applicable to
plaintiffs and defendants, respectively, who do not appear.
CIVIL PROCEDURE CODE.
373
defendaut.
No decree to be
set aside with-
out notice to
opposite party.
SETTING ASIDE DECREES EX PARTE.
107. In any case in which a decree is passed ex parte against a setting aside
defendant, he may apply to the Court by which the decree was passed against^"^ ^"'^'^
for an order to set it aside ; and if he satisfies the Court that the
summons was not duly served, or that he was prevented by any
sufficient cause from appearing when the suit w as called on for hear-
ing, the Court shall make an order setting aside the decree as against
him upon such terms as to costs, payment into Court or otherwise, as
it thinks fit, and shall appoint a day for proceeding with the suit.
Provided that where the decree is of such a nature that it cannot
be set aside as against such defendant only, it may be set aside as
against all or any of the other defendants also.
108. No decree shall be set aside on any such application as
aforesaid, unless notice thereof in wTiting has been served on the
opposite party.
Chapter X.
EXAMINATION OF PARTIES BY THE COURT.
109. At the first hearing of the suit the Court shall ascertain from Ascertainment
each party or his solicitor whether he admits or denies such allega- tlons h/p^iahiT
tions of fact as are made in the plaint or written statement (if any) g^^^J^g^^^ '^
of the opposite party, and as are not expressly or by necessary admitted or
implication admitted or denied by the party against whom they are '^^"''^^•
made. The Court shall record such admissions and denials.
110. At the first hearing of the suit, or at any subsequent hearing,
any party appearing in person or present in Court, or any person able
to answer any material questions relating to the suit by whom such
party or his solicitor is accompanied, may be examined orally by the
Court : and the Court may, if it thinks fit, put in the course of such
examination questions suggested by either party.
111. The substance of the examination shall be reduced to
writing by the Judge and shall form part of the record.
112. (i) Where the solicitor of any party who appears by a
solicitor or any such person accompanying a solicitor as is referred to
in Section 110 refuses or is unable to answer any material question
relating to the suit which the Court is of opinion that the party whom
he represents ought to answer and is likely to be able to answer if
interrogated in person, the Court may postpone the hearing of the
suit to a future day and direct that such party shall appear in person
on such day.
(ii) If such party fails without lawful excuse to appear in person
on the day so appointed, the Court may pass a decree against him or
make such order in relation to the suit as he thinks fit.
Oral examina-
tion of party or
companion of
party.
Substance of
examination to
be written.
Consequence of
refusal or
inability of
solicitor
to answer.
Chapter XI.
DISCOVERY AND INSPECTION.
113. (i) Any party may at any time by leave of the Court deliver Power to deiivei
through the Court interrogatories in Avriting for the examination interrogatories.
of the opposite party, or, where there are more opposite parties than
374
No. 15 OF 1918.
Service of
Interrogatories,
Costs of
interrogatories.
Service of
interrogatories
on officer of
corporation or
body.
Objections to
interrogatories
by answer.
Setting aside
and striking
out interro-
gatories.
Time for filiug
aOidavit in
answer.
one, any one or more of such parties, with a note at the foot thereof
stating which of such interrogatories each of such persons is required
to answer.
(ii) No party shall deliver more than one set of interrogatories to
the same party without an order for that purpose, and no defendant
shall deliver interrogatories for the examination of the plaintiff unless
such defendant has previously tendered a written statement and such
statement has been received and placed on the record.
(iii) The Court shall not grant leave under sub-section (i) unless
and until the party applying for such leave has deposited in Court the
sum of fifty dollars as security for costs.
(iv) On an application for leave to deliver interrogatories, the
particular interrogatories proposed to be delivered shall be submitted
to the Court. In deciding upon such application the Court shall take
into account any offer which may be made by the party sought to be
interrogated to deliver particulars or to make admissions or to
produce documents relating to the matters in question, or any of
them, and shall be given as to such only of the interrogatories
submitted as the Court shall consider necessary either for disposing
fairly of the suit or for saving costs.
114. Interrogatories deHvered under Section 113 shall be served
on the solicitor (if any) of the party interrogated, or in the manner
hereinbefore provided for the service of summons, and the provisions
of Sections 74, 75, 76, and 77 shall, in the latter case, apply so far as
may be practicable.
115. The Court, in adjusting the costs of the suit, shall, at the
instance of any party, enquire or cause enquiry to be made into the
propriety of delivermg such interrogatories ; and if it thinks that
such interrogatories have been delivered unreasonably, vexatiously,
or at improper length, the costs occasioned by the said interroga-
tories and the answers thereto shall be borne by the party in fault.
116. Where any party to a suit is a corporation or a body of
persons, whether incorporated or not, empov/ered by law to sue or
be sued, whether in its own name or in the name of any officer or
other person, any opjDosite party may apply to the Court for an order
allowing him to deliver interrogatories to any member or officer of
such corporation or body, and an order may be made accordingly.
117. Any objection to answering any interrogatory on the ground
that it is scandalous or irrelevant or not dehvered bond fide for the
purpose of the suit, or that the matters enquired into are not
sufficiently material at that stage, or on any other ground, may be
taken in the affidavit in answer.
118. Any interrogatories may be set aside on the ground that
they have been delivered unreasonably or vexatiously, or struck out
on the ground that they are prolix, oppressive, unnecessary, or
scandalous ; and any application for this purpose may be made
within seven days after service of the interrogatories.
119. Interrogatories shall be answered by affidavit to be filed in
Court within ten days from the service thereof or within such further
time as the Court may allow.
CIVIL PROCEDURE CODE.
375
120. No exceptions shall be taken to any affidavit in answer, but No exceptions
the sufficiency or otherwise of any such affidavit objected to as t^" be taken,
insufficient shall be determined by the Court.
121. Where any person interrogated omits to answer, or answers procedure
insufficiently, any interrogatory, the party interrogating may apply omtlt to1^Ly,ei
to the Court for an order requiring him to answer or to answer sufficiently.
further, as the case may be. And an order may be made requiring
him to answer or to answer further either by affidavit or by viva
voce examination as the Court may direct.
122. (i) Any party to a suit may, at any time before the first order for
hearing, apply to the Coin-t for an order directing any other party to aiTjfJc^uments
the suit to declare by affidavit all the documents which are or have relating to suit.
been in his possession or power relating to any matter in question in
the suit.
(ii) On the hearing of such application the Court may either refuse
or adjourn the same, if satisfied that such declaration is not neces-
sary, or not necessary at that stage of the suit, or make such order
either generally or limited to certain classes of documents as the
Court may in its discretion think fit ; provided that such declaration
shall not be ordered when and so far as the Court shall be of opinion
that it is not necessary either for disposing fairly of the suit or for
saving costs, and shall not m any case be ordered unless and until
the party applying for such order has deposited in Court the sum of
fifty dollars as security for costs.
(iii) The affidavit to be made by a party agamst whom an order
has been made under this section shall specify which, if any, of
the documents therein mentioned the declarant objects to produce,
together with the grounds of such objection.
123. The Court may, at any time during the pendency of any suit, power to order
order the production by any party thereto of such of the documents g^cSte °^
in his possession or power relating to any matter in question in during suit.
such suit as the Court thinks right ; and the Court may deal with
such documents Avhen produced in such manner as appears just.
124. (i) Any party to a suit may at any time before or at the Notice to
hearing thereof give notice in writmg to any other party to produce ^feetLn "
any specified document for the inspection of the party giving such ^'°';^^^'\*^^
notice or of his solicitor and to permit such party or solicitor to piaint.etc
take copies thereof.
(ii) No party failing to comply with such notice shall afterwards
be at liberty to put any such document in evidence on his behalf in
such suit, unless he satisfies the Court that such document relates
only to his own title, or that he had some other and sufficient cause
for not complying with such notice.
(iii) Notice to produce documents shall be in the form contained
in the third schedule, No. 122, with such variations as circumstances
may require.
125. The party to Avhom such notice is given shall, within ten party receiving
days from the receipt thereof, deliver to the party giving the same de^h-eTnoTice
a notice in writing stating a time within three days from such ^|j^°g^°f g^..
delivery at which the documents, or such of them as he does not tionmaybe
object to produce, may be inspected, at his solicitor's office or some ^^^-
376
No. 15 OF 1918.
Order for
inspection.
Power to order
issue or
question on
which right to
discovery
depends
to be first
determined.
Consequence of
failure to
answer or give
Inspection.
other convenient place, and stating which, if any, of the documents
he objects to produce, and on what grounds.
126. (i) Where any party served with notice under Section 124
omits to give notice under Section 125 of the time for inspection,
or objects to give inspection, or names an inconvenient place for
inspection, the Court may, on the application of the party desiring
it, make an order for inspection in such place and in such manner
as it may think fit ; provided that the order shall not be made
when and so far as the Court shall be of opinion that it is not
necessary either for disposing fairly of the suit or for saving costs.
(ii) Any application for an order for inspection of documents,
other than documents referred to in the plaint, written statement,
or affidavit of the party against whom the application is made, or
disclosed in his affidavit of documents, shall be founded upon an
affidavit shewing
(a) of what documents mspection is sought,
(b) that the party applying is entitled to inspect them, and
(c) that they are in the possession or power of the party against
whom the application is made.
127. Where the party from whom discovery of any kind or
inspection is sought objects to the same or any part thereof, the
Court may, if satisfied that the right to the discovery or inspection
sought depends on the determination of any issue or question in
dispute in the suit, or that for any other reason it is desirable that
any issue or question in dispute in the suit should be determined
before deciding upon the right to the discovery or inspection, order
that the issue or question be determined first a-nd reserve the
question as to the discovery or inspection.
128. (i) Where any party fails to comply with any order to answer
interrogatories or for discovery, production, or inspection which has
been duly served, he shall, if a plaintiff, be liable to have his suit
dismissed for want of prosecution, and, if a defendant, to have his
defence, if any, struck out, and to be placed in the same position
as if he had not defended ; and the party interrogating or seeking
discovery, production, or inspection may apply to the Court for an
order to that effect, and an order may be made accordingly.
(ii) Any party failing to comply with any order under this
Chapter, to answer interrogatories or for discovery, production, or
inspection, which has been served personally upon him, shall also
be deemed guilty of an offence under Section 188 of the Penal Code.
Power to
demand
admission of
genuineness of
documents.
Chapter XII.
ADMISSIONS.
129. (i) Any party to a suit may, by a notice through the Court,
within a reasonable time not less than ten days before the hearing,
require any other party to admit (saving all just exceptions to the
admissibility of such document in evidence) the genuineness of any
document material to the suit.
(ii) Such admission shall be in writing, signed by the other party
or his solicitor and shall be filed in Court.
CIVIL PROCEDURE CODE. 377
(iii) Where such notice is not given, no costs of proving such
document shall be allowed, unless the Court otherwise directs.
(iv) Where such notice is not complied with within four days
after its being served, and the Court thinks it reasonable that the
admission should have been made, the party refusing shall bear the
expense of proving such document, whatever the result of the suit
may be.
130. (i) Any party may, by notice in writing, at any time not Power to
less than ten days, before the day fixed for the hearing, require any atoSfon of
other party to admit, for the purposes of the suit only, any specific *'*°ts.
fact or facts mentioned in such notice.
(ii) Such notice shall be in numbered paragraphs signed by the
party or his solicitor, with a margin on the right hand side of the
paper on Avhich it is written as nearly as may be one-third
the width of the entire paper.
(iii) The admission shall, so far as possible, be written on the
right hand margin of the notice. Whatever cannot be written on
the said margin shall be continued on other paper attached to the
notice. The admission shall be signed by the other party or his
solicitor and filed in Court by such party or his solicitor.
(iv) In case of neglect to give such notice or of neglect or refusal
to admit the fact or facts mentioned in such notice within six days
after service of such notice, or within such further time as the
Court may allow, the costs of proving such fact or facts shall be
paid by the party so neglecting or refusing, whatever the result of
the suit may be, unless the Court otherwise directs.
(v) Such admission shall be for the purposes of the particular
suit and shall not be used against the party on any other occasion
or in favour of any person other than the party giving the notice ;
and the Court may at any time allow any party to amend or with-
draw any admission so made on such terms as may be just.
131. An affidavit of the solicitor or his clerk of the due signature Affidavit of
of any admissions consequent upon notice to admit documents or admissions.
facts, of the service of any notice, or of the time when it was served,
with a copy of the notice, shall in all cases be sufficient evidence
thereof.
133. Any party may at any stage of a suit where admissions of Application for
fact have been made, either on the pleadings or otherwise, apply adn?^s1ons"of "
to the Court for such judgment or order as upon such admissions fact.
he may be entitled to, without waiting for the determination of
any other question between the parties. The Court may upon such
application make such order or give such judgment as the Court
may think just.
Chapter XIII,
PRODUCTION, IMPOUNDING, AND RETURN OF
DOCUMENTS.
133. (i) The parties or their solicitors shall bring with them Documentary
and have in readiness at the first hearmg of the suit, to be produced fn^ r^eldines" at
when called for by the Court, all the documentary evidence of every first hearin-.
description in their possession or power, on which they intend to
378
No. 15 OF 1918.
Effect of non-
production of
documents.
Rejection of
documents.
Endorsements
on documents
admitted in
evidence.
Marldnf;
entries in books,
accounts, and
records.
rely, and which has not already been filed in Oourt, and all docu-
ments which the Court at any time before such hearing has ordered
to be produced.
(ii) The Court shall receive the documents so produced ; provided
that they are accompanied by an accurate list thereof prepared in
such form as the Judicial Commissioners may from time to time
prescribe.
134. No documentary evidence in the possession or power of
any party which should have been, but has not been, produced in
accordance with the requirements of Section 133 shall be received
at any subsequent stage of the proceedings unless good cause is
shewn to the satisfaction of the Court for the non-production
thereof. And the Court receiving any such evidence shall record
its reasons for so doing.
135. The Court may at any stage of the suit reject any document
which it considers irrelevant or otherwise inadmissible, recording
the grounds of such rejection.
136. (i) Subject to the provisions of sub-section (ii), there shall
be endorsed on every document which has been admitted in evidence
in the suit the following particulars — namely,
(a) the number and title of the suit ;
(b) the date on which the document was produced ; and
(c) a letter or number by which it may be identified.
(ii) Where a document so admitted is an entry in a book, account,
or record and a copy thereof has been substituted for the original
under the next following section, the particulars aforesaid shall bo
endorsed on the copy and the endorsement thereon shall be signed
or initialled by the Judge.
137. (i) Where a document admitted in evidence in the suit is
an entry in a letter-book or shop-book or other account in current
use, the party on whose behalf the book or account is produced may
furnish a copy of the entry.
(ii) Where such a document is an entry in a public record produced
from a public office or by a public officer, or an entry in a book
or account belonging to a person other than a party on whose
behalf the book or account is produced, the Court may require a
copy of the entry to be furnished
(a) whore the record, book, or account is produced on behalf
of a party, then by that party ; or
(b) where the record, book, or account is produced in obedience
to an order of the Court acting of its own motion, then
by either or any party.
(iii) Where a copy of an entry is furnished under the foregoing
provisions of this section, the Court shall, after causing the copy
to be examined, compared, and attested in manner mentioned in
Section 53, mark the entry and cause the book, account, or record
in which it occurs to be returned to the person producing it.
CIVIL PROCEDURE CODE. 379
138. Where a document relied on as evidence by either party is Endorsements
considered by the Court to be inadmissible in evidence, there shall re'jeljted^r*^
be endorsed thereon the particulars mentioned in clauses (a), (b), l^'^^^lf^^l^
and (c) of Section 136 sub-section (i), and a statement of its having
been rejected, and the endorsement shall be signed or initialled by
the Judge.
139. (i) Every document which has been admitted in evidence, Eecording of
or a copy thereof Avhere a copy has been substituted for the original r^t™r"of '""*
under Section 137, shall form part of the record of the suit. dSents.
(ii) Documents not admitted in evidence shall not form part
of the record and shall be returned to the persons respectively
producing them.
140. NotAvithstanding anything contained in Section 53, Section coiirtmay
137 sub-section (iii), or Section 139 sub-section (ii), the Court docunfenUobe
may, if it sees sufficient cause, direct any document or book pro- impounded.
duced before it in any suit to be impounded and kept in the custody
of an officer of the Court for such period and subject to such
conditions as the Court thinks fit.
141. (i) Any person, whether a party to the suit or not, desirous Eetum of
of receiving back any document produced by him in the suit and documents
jjlaced on the record, shall, unless the document is impounded
under Section 140, be entitled to receive back the same,
(a) where the suit is one in which an appeal is not allowed,
when the suit has been disposed of, and
(b) where the suit is one in which an appeal is allowed, when
the Court is satisfied that the time for preferring an a.ppeal
has elapsed and that no appeal has been preferred or, if
an appeal has been preferred, when the appeal has been
disposed of ;
Provided that a document may be returned at any time before
either of such events if the person applying for such return delivers
to the proper officer a certified copy of such document to be
substituted for the original and undertakes to produce the original
if required to do so.
Provided also that no document shall be returned which, by force
of the decree, has become void or useless.
(ii) On the return of a document which has been admitted in
evidence a receipt shall be given by the person receiving it in a
receipt-book to be kept for the purpose.
142. (i) The Court may of its own motion, and may in its Court may sen>i
discretion upon the application of any of the parties to a suit, send us owrr?cord"s
for, either from its own records or from any other Court, the record ^^^°^^ °""^'"
of any other suit or proceeding and inspect the same.
(ii) Every application made under this section shall (unless the
Court otherwise directs) be supported by an affidavit of the applicant
or his solicitor shewing how the record is material to the suit in
which the application is made, and that the applicant cannot
without unreasonable delay or expense obtain a duly authenticated
copy of the record or of such portion thereof as the applicant
380
No. 15 OF 1918.
Provisions as
to documents
apply to
material
objects.
Framing of
issues.
Issues of law
and of fact.
Materials from
which issues
may be framed.
Court may
examine
witnesses or
documents
before framing
issues.
requires, or that the production of the original is necessary for the
purposes of justice.
(iii) Nothing contained in this section shall be deemed to enable
the Court to use in evidence any document which under the law of
evidence would be inadmissible in the suit.
143. The provisions herein contained as to documents shall, so
far as may be, apply to all other material objects producible as
evidence.
CHAPTER XIV.
SETTLEMENT OF ISSUES.
144. (i) Issues arise when a material proposition of fact or law
is affirmed by the one party and denied by the other.
(ii) Material propositions are those propositions of law or fact
which a plaintiff must allege in order to shew a right to sue or a
defendant must allege in order to constitute his defence.
(iii) Each material proposition affirmed by one party and denied
by the other must form the subject of a distinct issue.
(iv) Issues are of two kinds : (a) issues of fact, (6) issues of law.
(v) At the first hearing of the suit the Court may, if it thinks fit,
after reading the plaint and the written statements, if any, and after
such examination of the parties as may aj)pear necessary, ascertain
upon what material propositions of fact or of law the parties are at
variance and thereupon proceed to frame and record the issues on
which the right decision of the case appears to the Court to depend.
145. Where issues both of law and of fact arise in a suit in which
issues have been framed and recorded under sub-section (v) of
Section 144 and the Court is of opinion that the case or any part
thereof may be disposed of on the issues of law only, it shall try
those issues first, and for that purpose may, if it thinks fit, postpone
the settlement of the issues of fact until after the issues of law have
been determined.
146. The Court may frame the issues from all or any of the
following materials :
(a) allegations made on oath by the parties, or by any persons
present on their behalf, or made by the solicitors of the
parties ;
{h) allegations made in the plaint or in the written statements
(if any) tendered in the suit, or in answer to interrogatories
delivered in the suit ;
(c) the contents of documents 'produced by cither part3\
147. If the Court, in any case where it decides to frame and
record issues, is of opinion that the issues cannot be correctly
framed without the examination of some person not before the
Court, or without the inspection of some document not produced
in the suit, it may adjourn the framing of the issues to a future
day, to be fixed by the Court, and may (subject to the provisions
CIVIL PROCEDURE CODE. 381
of any law for the time being in force) compel the attendance of
any person or the production of any document by the person in
whose possession or power it is by summons or other process,
148. (i) In any case where issues have been framed and recorded power to
under this Chapter, the Court may at any time before passing a strikeoirt^''' ^"'^
decree amend the issues or frame additional issues on such terms as issues.
to costs or otherwise as it thinks fit, and all such amendments or
additional issues as may be necessary for determining the controversy
between the parties shall be so made or framed.
(ii) The Court may also, at any time before passing a decree,
strike out any issues that appear to it to be wrongly framed or
introduced.
149. Where the parties to a suit are agreed as to the question of Questions of
fact or of law to be decided between them, they may state the same may°by^^
in the form of an issue and enter into an agreement in writing that, '*pf T®°{* |?® f
upon the finding of the Court in the affirmative or negative of such issue.
issue,
(a) a sum of money specified in the agreement, or to be ascer-
tained by the Court or in such manner as the Court may
direct, shall be paid by one of the parties to the other of
them, or that one of them shall be declared entitled to
some right or subject to some liability specified in the
agreement ;
(b) some property specified in the agreement and in dispute in
the suit shall be delivered by one of the parties to the
other of them or as that other may direct ; or
(c) one or more of the parties shall do or abstain from doing
some particular act specified in the agreement and
relating to the matter in dispute.
150. Where the Court is satisfied, after making such enquiry as court, if
it deems proper, satisfied that
■L r > agreement was
(a) that the agreement was duly executed by the parties ; good faitii,
may pronounce
(b) that they have a substantial interest in the decision of such iuJsment.
question as aforesaid ; and
(c) that the same is fit to be tried and decided,
it may proceed to record and try the issue and state its finding or
opinion thereon in the same manner as if the issue had been framed
by the Court, and may, upon the finding or decision on such issue,
pronounce judgment according to the terms of the agreement ; and
upon the judgment so pronounced a decree shall follow.
Chapter XV.
DISPOSAL OF THE SUIT AT THE FIRST HEARING.
151. Where at the first hearing of a suit it appears that the Parties not at
parties are not at issue on any question of law or of fact, the Court *^^"^"
may at once pronounce judgment.
382
No. 15 OF 1918.
One of several
defendants not
at issue witli
plaintifl.
Parties at issue.
Failure to
produce
evidence.
152. Where there are more defendants than one, and any one of
the defendants is not at issue with the plaintiff on any question of
law or of fact, the Court may at once pronounce judgment for or
against such defendant and the suit shall proceed only against the
other defendants.
153. (i) Where the parties are at issue on some question of law
or of fact, and issues have been framed by the Court as hereinbefore
provided, if the Court is satisfied that no further argument or
evidence than the parties can at once adduce is required upon such
of the issues as may be sufficient for the decision of the suit, and
that no injustice will result from proceeding with the suit forthwith,
the Court may proceed to determine such issues.
(ii) Where the finding thereon is sufficient for the decision, the
Court may pronounce judgment accordingly, whether the summons
has been issued for the settlement of issues only or for the final
disposal of the suit. Provided that, where the summons has been
issued for the settlement of issues only, the parties or their solicitors
are present and none of them object.
(iii) Where the finding is not sufficient for the decision, the Court
shall postpone the further hearing of the suit and shall fix a day
for the production of such further evidence, or for such further
argument, as the case requires.
154. Where the summons has been issued for the final disposal of
the suit and either party fails without sufficient cause to produce the
evidence on which he relies, the Court may at once pronounce
judgment, or may, if it thinks fit, adjourn the suit for the production
of such evidence as may be necessary for its decision.
Chapter XVI.
SUMMONING AND ATTENDANCE OF WITNESSES.
Summons to 155. At any time after the suit is instituted the parties may
evidence°or'^ ^ obtain, on application to the Court or to such officer as it appoints
produce in this behalf, summonses to persons whose attendance is required
either to give evidence or to produce documents.
Expenses of
witness to be
paid into Court
on applying for
summons.
156. (i) The party applying for a summons shall, before the
summons is granted and withm a period to be fixed by the Court,
pay into Court such a sum of money as appears to the Court to
be sufficient to defray the travelling and other expenses of the
person summoned in passing to and from the Court in which he is
required to attend, and for one day's attendance.
(ii) In determining the amount payable under this section the
Court may, in the case of any person summoned to give evidence
as an expert, allow reasonable remuneration for the time occupied
both in giving evidence and in performing any work of an expert
character necessary for the case.
(iii) Regard shall be had, in fixing the scale of expenses or
remuneration to be paid under this section to the rules (if any)
made in that l)ehalf b}^ the Judicial Commissioners with the approval
of the Chief Secretary.
CIVIL PROCEDURE CODE.
383
Procedure
where
insuffioient
sum paid in.
157. The sum so paid into Court shall be tendered to the person Tender of
summoned, at the time of serving the summons, if it can be served ^^itnesT*"
personalty.
158. (i) Where no sum has been paid into Court or where it
appears to the Court or to such officer as it appoints in this behalf
that the sum paid into Court is not sufficient to cover such expenses
or reasonable remuneration as aforesaid, the Court may direct such
sum or further sum to be paid to the person summoned as appears
to be necessary on that account, and, in case of default in payment,
may order such sum to be levied by attachment and sale of the
movable jiroperty of the party obtaining the summons ; or the
Court may discharge the person summoned without requiring him
to give evidence, or may both order such levy and discharge such
l^erson as aforesaid.
(ii) Where it is necessary to detain the person summoned for a
longer period than one day, the Court may, from time to time, order
the party at whose instance he was summoned to pay into Court
such sum as is sufficient to defray' the expenses of his detention for
such further period, and, in default of such deposit being made, may
order such sum to be levied by attachment and sale of the movable
property of such party ; or the Court may discharge the person
summoned without requiring him to give evidence, or may both
order such levy and discharge such person as aforesaid.
159. Every summons for the attendance of a person to give
evidence or to produce a document shall specify the time and place
at which he is required to attend, and also whether his attendance
is requh'ed for the purpose of giving evidence or to produce a
document, or for both purposes ; and any particular document
which the person summoned is called on to produce shall be described
in the summons with reasonable accuracy.
160. Any person may be summoned to produce a document,
without being summoned to give evidence ; and any person sum-
moned merely to produce a document shall be deemed to have
complied with the summons if he cause such document to be
produced instead of attending personally to produce the same.
161. Any person present in Court may be required by the Court
to give evidence or to produce any document then and there in his
actual possession or power.
162. Every summons to a person to give evidence or to produce
a document shall be served as nearly as may be in the manner
hereinbefore prescribed for the service of summons on a defendant ;
and the rules contained in Chapter VII as to proof of service shall
apply in the case of all summonses served under this section.
163. The service shall in all cases bo made a sufficient time before Time for serving
the time specified in the summons for the attendance of the person ^^^^°^'"
summoned, to allow him a reasonable time for preparation and for
travelling to the place at which his attendance is required.
164. (i) Where a person to whom a summons has been issued Procedure
either to attend to give evidence or to produce a document fails to taUs'^toTompiy
attend or to produce the document in compliance with such summons , ^^^^^ summons.
Time, place, and
purpose of
attendance to
be specified in
summons.
Summons
to produce
document.
Power to
require persons
present in Court
to give evidence.
Summons, how
served.
384
No. 15 OF 1918.
If witness
appears,
attachment
may be
withdrawn.
Procedure if
witness fails to
appear.
Mode of
attachment.
Court may of
its own accord
summon as
witnesses
strangers to
suit.
the Court shall, if the certificate of the serving-officer has not been
verified by affidavit, and may if it has been so verified, examine
the serving-officer on oath, or cause him to be so examined by
another Court, touching the service or non-service of the summons.
(ii) Where the Court sees reason to believe that such evidence or
production is material and that such person has, without lawful
excuse, failed to attend or to produce the document in compliance
with such summons or has intentionally avoided service, it may
issue a proclamation requiring him to attend to give evidence, or
to produce the document, at a time and place to be named therein ;
and a copy of such proclamation shall be affixed on the outer door
or other conspicuous part of the house in which he ordinarily resides.
(iii) In lieu of or at the time of issuing such proclamation, or at
any time afterwards, the Court may in its discretion issue a warrant,
either with or without bail, for the arrest of such person and may
make an order for the attachment of his property to such amount
as it thinks fit, not exceeding the amount of the costs of attachment
and the fuie which may be imposed under Section 166.
Provided that no Court other than the Supreme Court shall
make an order for the attachment of immovable property.
165. Where, at any time after the attachment of his property,
such person appears and satisfies the Court
(a) that he did not, without lawful excuse, fail to comply with
the summons or intentionally avoid service, and
(6) where he has failed to attend at the time and place named
in a proclamation issued under the last preceding section,
that he had no notice of such proclamation in time to
attend,
the Court shall direct that the property be released from attachment
and shall make such order as to the costs of the attachment as it
thinks fit.
166. The Court may, where such person does not appear, or
appears but fails so to satisfy the Court, impose upon him such fine
not exceeding two hundred and fifty dollars as it thinks fit, having
regard to his condition in life and all the circumstances of the case,
and may order his property, or any part thereof, to be attached and
sold, or if already attached under Section 164 to be sold, for the
purpose of satisfying all costs of such attachment together with
the amount of the said fine, if any.
Provided that, if the person whose attendance is required pays
into Court the costs and fine as aforesaid, the Court shall direct that
the property be released from attachment.
167. The provisions with regard to the attachment and sale of
property in execution of a decree shall, so far as they are applicable,
be deemed to apply to any attachment and sale under this Chapter
as if the person whose property is so attached were a judgment-
debtor.
168. Subject to the provisions of this Code as to attendance and
appearance and to any law for the time being in force, where the
Court at any time thinks it necessary to examine any person, other
than a party to the suit, who is not called as a witness by a party
CIVIL PROCEDURE CODE.
385
to the suit, the Court may, of its own motion, cause such person to
be summoned as a witness to give evidence, or to produce any
document in his possession, on a day to be appointed, and may
examine him as a Avitness or require him to produce such document.
169. Subject as last aforesaid, whoever is summoned to appear Duty of persons
and give evidence in a suit shall attend at the time and place named g^^'^vidence
in the summons for that purpose, and whoever is summoned to ^ocumeaT
produce a document shall either attend to produce it, or cause it
to be produced, at such time and place.
170. (i) A person so summoned and attending shall, unless the when they
Court otherwise directs, attend at each hearmg until the suit has ^^^ ^^*' '
been disposed of.
(ii) On the application of either party and the payment through
the Court of all necessary expenses, if any, the Court may require
any person so summoned and attending to furnish security to
attend at the next or any other hearing or until the suit is disposed
of and, in default of his furnishing such security, may order him
to be detained in the civil prison.
171. The provisions of Sections 164 to 167 shall, so far as they Application of
are applicable, be deemed to apply to any person who having ie?.'"'^^
attended in compliance "with a summons departs without lawful
excuse in contravention of Section 170.
172. Where any person arrested under a warrant is brought Procedure
before the Court in custody and cannot, owing to the absence of wltnSs arrested
the parties or any of them, give the evidence or produce the docu- cannot give
ment which he has been summoned to give or produce, the Court produce
may require him to give reasonable bail or other security for his <io<=ument.
appearance at such time and place as it thinks fit, and, on such bail
or security being given, may release him, and in default of his
giving such bail or security may order him to be detained in the
civil prison.
173. No one shall be bound to attend in person to give evidence Persons
■^ residing at a
distance.
in Court unless he resides
(a) within the State in which the Court-house is situate ; or
(6) without such State but at a place less than fifty or (where
there is railway or steamer communication or other
established public conveyance for five-sixths of the dis-
tance between the place where he resides and the place
where the Court is situate) less than two hundred miles
distance from the Court-house.
174. Where any party to a suit present in Court refuses, without Consequence of
lawful excuse, when required by the Court, to give evidence or to to gfve evideLc^
produce any document then and there in his possession or power, ^y ^co^t ^'^ ""^
the Court may in its discretion either give judgment against him
or make such order in relation to the suit as it thinks fit.
175. Where any party to a suit is required to give evidence or Provisions as to
to produce a document, the provisions as to witnesses shall apply TppV to parti
to him so far as they are applicable.
ITT— 25
summoned.
386
No. 15 OF 1918.
Court may-
grant time, and
adjourn
hearin;?.
Procedure if
parties fail to
appear on day
fixed.
Court may
proceed not-
withstanding
either party
fails to produce
evidence, etc.
Chapter XVII.
ADJOURNMENTS.
176. (i) The Court may, if sufficient cause is shewn, at any stage
of the suit grant time to the parties or to any of them, and may
from time to time adjourn the hearing of the suit.
(ii) In every such case the Court shall fix a day for the further
hearing of the suit, and may make such order as it thinks fit with
respect to the costs occasioned by the adjournment.
177. Where, on any day to which the hearing of the suit is
adjourned, the parties or any of them fail to appear, the Court may
proceed to dispose of the suit in one of the modes directed in that
behalf by Chapter IX or make such other order as it thinks fit.
178. Where any party to a suit to whom time has been granted
fails to produce his evidence, or to cause the attendance of his
witnesses, or to perform any other act necessary to the further
progress of the suit, for which time has been allowed, the Court may,
notwithstanding such default, proceed to decide the suit forthwith.
Right to begin.
statement and
production of
evidence
Evidence
where several
issues.
Witnesses to be
examined in
open Court.
Chapter XVIII.
HEARING OF THE SUIT AND EXAMINATION OF
WITNESSES.
179. The plaintiff has the right to begin unless the defendant
admits the facts alleged by the plaintiff and contends that either in
point of law or on some additional facts alleged by the defendant the
plaintiff is not entitled to any part of the relief which he seeks, in
which case the defendant has the right to begin.
180. (i) On the day fixed for the hearing of the suit or on any
other day to which the hearing is adjourned, the party having the
right to begin shall state his case and produce his evidence.
(ii) The other party shall then state his case and produce his
evidence (if any) and may then address the Court generally on the
whole case.
(iii) The party beginning may then repl}^ generally on the whole
case.
181. Where there are several issues, the burden of proving some
of which lies on the other party, the party beginning may, at his
option, either produce his evidence on those issues or reserve it by
way of answer to the evidence produced by the other party. In the
latter case the party beginning may produce evidence on those
issues after the other party has produced all his evidence, and the
other partj^ may then reply specially on the evidence so produced
by the party beginning ; but the part}^ beginning Mill then be
entitled to reply generally on the whole case.
182. The evidence of the witnesses in attendance shall be taken
orally in open Court in the presence and under the personal direction
and superintendence of the Judge.
CIVIL PROCEDURE CODE.
387
183. In cases in which an appeal is allowed the evidence of each now evidence
witness shall be taken down in writing in English by the Judge, not fn appe^iabiT
ordinarily in the form of question and answer but in that of a <^ases.
narrative.
184. The Court may, of its own motion or on the application of Any particular
any party or his solicitor, take down any particular question and Answer may'^be
answer, or any objection to any question, if there appears to be any ^^^^'^ ''o^^"-
special reason for so doing.
185. Where any question put to a witness is objected to by a Questions
party or his solicitor and the Court allows the same to be put, the aUowedVy ^""^
Judge shall take down the question, the answer, the objection, and court.
the name of the person making it, together with the decision of the
Court thereon.
186. The Court may record such remarks as it thinks material Remarks on
respecting the demeanour of any witness while under examination, wluiesses""^
187. In cases in which an appeal is not allowed it shall not be Memorandum
necessary to take down the evidence of the witnesses in writing at Unappealable"
length ; but the Judge, as the examination of each witness proceeds, ^^^^^s.
shall make a memorandum of the substance of what he disposes.
188. Where the Judge is unable to take down the evidence as Procedure
required by Section 183 or to make a memorandum of it as required unabfe to take
by Section 187, he shall cause the evidence to be taken down, or the down evidence
or ih&aG
memorandum to be made, as the case may be, from his dictation in memorandum
open Court. *^*'"''*-
189. Where a Judge is prevented by death, transfer, or other cause Power to deal
from concluding the trial of a suit, his successor may deal with any Jlkea d'ownT
evidence or memorandum taken down or made under the foregoing another judge,
sections as if such evidence or memorandum had been taken down
or made by him under the said sections and may proceed with the
suit from the stage at which his predecessor left it.
190. (i) Where a witness is about to leave the jurisdiction of the Power to
Court, or other sufficient cause is shewn to the satisfaction of the fmmediateiy?^^^
Court, Avhy his evidence should be taken immediately, the Court may,
upon the application of any party or of the witness, at any time
after the institution of the suit, take the evidence of such witness in
nanner hereinbefore provided.
(ii) Where such evidence is not taken forthwith and in the
presence of the parties, such notice as the Court thinks sufficient, of
che day fixed for the examination, shall be given to the parties.
(iii) The evidence so taken shall be read over to the Avitness and,
if he admits it to be correct, shall be signed by him and may then be
read at any hearing of the suit.
191. The Court may at any stage of a suit recall any witness who Court may
has been examined and may (subject to the law of evidence for the examine''
time being in force) put such questions to him as the Court thinks fit. witness.
192. The Court may at any stage of a suit inspect any property Power of Court
or thing concerning which any question may arise. *° inspect.
388
No. 15 OF 1918.
Chapter XIX.
I'ower to order
any point to be
proved by
affidavit.
Power to o.der
attendance of
deponent for
cross-
examination.
Matters to
which affidavit'
shall be
conliued.
Oath or
affirmation of
deponent, by
whom to be
administered.
AFFIDAVITS.
193. Any Court may at any time for sufficient reason order that
any particular fact or facts may be proved by affidavit, or that the
affidavit of any witness may be read at the hearing, on such con-
ditions as the Court thinks reasonable.
Provided that, where it appears to the Court that either party bond
fide desires the production of a witness for cross-examination and
that such witness can be produced, an order shall not be made
authorizing the evidence of such witness to be given by affidavit.
194. Upon any application evidence may be given by affidavit,
but the Court may, at the instance of either party, order the attend-
ance for cross-examination of the deponent.
Such attendance shall be in Court, unless the deponent is exempted
from personal appearance in Court or the Court otherwise directs.
195. (i) Affidavits shall be confined to such facts as the deponent
is able of his own knowledge to prove, except on interlocutory
aj) plications, on which statements of his belief may be admitted,
provided that the grounds thereof are stated.
(ii) The costs of every affidavit which shall unnecessarily set forth
matters of hearsay or argumentative matter, or copies of or extracts
from documents, shall (unless the Court otherwise directs) be paid
by the party filing the same.
196. (i) Any affidavit may be used under this Code if it is sworn
or affirmed
(a) in the Federated Malay States, before a Magistrate or before
a Registrar of the Supreme Court ;
(b) in England, Scotland, Ireland, or the Channel Islands, or in
any Colony, island, or place under the dominion or juris-
diction of His Britannic Majesty or in any of the States in
the Malay Peninsula (other than the Federated Malay
States) or in Borneo under the protection of His said
Majesty, before any Judge, Court, notary-public, or person
lawfully authorized to administer oaths or affirmations ;
(c) in any other place, before any of His Britannic Majesty's
Consuls or Vice-Consuls.
(ii) The Judges and other officers of a Court shall take judicial
notice of the seal or signature, as the case may be, of any such Judge,
Court, notary-public, person. Consul, or Vice-Consul attached,
appended, or subscribed to any such affidavit.
Chapter XX.
JUDGMENT AND DECREE,
Judgment
when
pronounced.
197. The Court, after the case has been heard, shall pronounce
judgment in open Court either at once or on some future day, of
which due notice shall be given to the parties or their solicitors.
CIVIL PROCEDURE CODE. 389
198. A Judge may pronounce a judgment written and signed by Power to
his predecessor but not pronounced. fudmi^t'
written by
Judge's
predecessor.
199. The judgment shall be written in English. Language of
judgment.
200. The judgment shall be dated and signed by the Judge in Judgment to bs
open Court at the time of pronouncing it and shall not be altered or ^t^rfed.'"*'^
added to, save to correct verbal errors or to supply some accidental
defect not affecting a material part of the case, or on review.
201. The judgments of Courts inferior to the Supreme Court need Judgments of
not contain more than the points for determination and the decision '°^^"*"^ Courts.
thereupon ; provided that on the application of any party who is
dissatisfied with any judgment of a Lower Civil Court within the
time limited by Chapter XLVI for appealing the Magistrate shall
certify in Avriting the grounds of his judgment and deliver such
certificate to the applicant.
202. In suits in which issues have been framed the Court shall court to state
state its finding or decision, with the reasons therefor, upon each ii^.u*^°i^!p" °"
separate issue, unless the findmg upon any one or more of the issues
is sufficient for the decision of the suit.
203. (i) The decree shall agree with the judgment; it shall contents of
contain the number of the suit, the names and descriptions of the tiecree.
parties, and particulars of the claim, and shall specify clearly the
relief granted or other determination of the suit.
(ii) The decree shall also state the amount of costs incurred in
the suit, and by whom or out of what property and in what propor-
tions such costs are to be paid.
(iii) If the decree is found to be at variance with the judgment,
or if any clerical or arithmetical error is found in the decree, the
Court shall, of its own motion or on that of any of the parties, amend
the decree so as to bring it into conformity with the judgment or to
correct such error.
Provided that reasonable notice has been given to the parties or
their solicitors of the proposed amendment.
204. The decree shall bear date the day on which the judgment Date of decree,
was pronounced ; and, when the Judge has satisfied himself that the
decree has been drawn up in accordance with the judgment, the
Registrar shall sign the decree.
205. Where the subject-matter of the suit is immovable property, Decree for
the decree shall contain a description of such property sufficient to [mmo"ab?e
identify the same, and Avhere such property can be identffied by property.
boundaries or by numbers in a record of settlement or survey, the
decree shall specify such boundaries or numbers.
206. Where the suit is for movable property and the decree is Decree for
for the delivery of such proj^erty, the decree shall also state the mova'bfe°
amount of money to be paid as an alternative if delivery cannot property.
be had.
207. (i) Where and in so far as a decree is for the payment of interest.
money, the Court may in the decree order interest at such rate, not
390
No. 15 OF 1918.
Decree may
direct payment
by instalments.
In suits for
land Court may
decree payment
of mesne profits
with interest.
Court may
determine
amount of
mesne profits
prior to suit, or
may reserve
enquiry.
Administration
i<uit.
exceeding eighteen per cent, per annum, as the Court deems
reasonable to be paid on the principal sum adjudged from the date
of the suit to the date of the decree, in addition to any interest, which
shall in no case exceed eighteen per cent, per annum, adjudged on
such principal sum for any period prior to the institution of the suit,
with further interest at such rate as the Court deems reasonable, not
exceeding eight per cent, per annum, on the aggregate sum so
adjudged from the date of the decree to the date of payment or to
such earlier date as the Court thinks fit.
(ii) Where such a decree is silent with respect to the payment of
further interest on such aggregate sum as aforesaid from the date of
the decree to the date of payment or other earlier date, the Court
shall be deemed to have refused such interest, and a separate suit
therefor shall not lie.
208. (i) Where and in so far as a decree is for the payment of
money, the Court may for any sufficient reason at the time of passing
the decree order that payment of the amount decreed shall be
postponed or shall be made by instalments, with or without interest,
notwithstanding anything contained in the contract (if any) under
which the money is payable.
(ii) After the passing of any such decree the Court may, on the
application of the judgment-debtor and with the consent of the
decree-holder, order that payment of the amount decreed shall be
postponed or shall be made by instalments on such terms as to the
payment of interest, the attachment of the property of the judgment-
debtor, or the taking of security from him, or otherwise, as it
thinks fit.
209. Where a suit is for the recovery of possession of im-
movable property yielding rent or other profits, the Court may
provide in the decree for the payment of rent or mesne profits in
respect of such property from the institution of the suit until the
delivery of possession to the party in whose favour the decree is
made, or until the expiration of three years from the date of the
decree (whichever event first occurs), with interest thereupon at
such rate as the Court thinks fit.
210. Where a suit is for the recovery of possession of immovable
property and for mesne profits which have accrued on the property
during a period prior to the institution of the suit, and the amount
of such profits is disputed, the Court may either determine the
amount of the decree itself or may pass a decree for the property and
direct an enquiry into the amount of mesne profits and dispose of the
same on further orders.
211. (i) Where a suit is for an account of any property and for
its due administration under the decree of the Court, the Court,
before making the decree, shall order such accounts and enquiries to
be taken and made, and give such other directions, as it thinks fit.
(ii) In the administration by the Court of the property of any
person who di(^s after this Code comes into force, if such property
proves to be insufficient for the payment in full of his debts and
liabilities, the same rules shall be observed as to preferential claims
and as to the respective rights of secured and unsecured creditors
CIVIL PROCEDURE CODE.
391
and as to debts and liabilities provable as may be in force for the
time being with respect to the estates of judgment-debtors declared
insolvent or adjudicated bankrupt ; and all persons who in any such
case would be entitled to be paid out of such property may come in
under the decree for its administration and make such claims against
the same as they may, respectively, be entitled to by virtue of this
Code.
212. Where a suit is for the dissolution of a partnership or the suits for dis-
taking of partnership accounts, the Court, before making its decree, ^a'rt'ereb^
may pass an order declaring the proportionate shares of the parties,
fixing the day on which the partnership shall stand dissolved or
be deemed to have been dissolved, and directing such accounts to
be taken and other acts to be done as it thinks fit.
213. In a suit for an account of pecuniary transactions between suit for account
a principal and agent, and in any other suit not hereinbefore dpai an/ageiit
provided for, where it is necessary, in order to ascertain the amount
of money due to or from any party, that an account should be taken,
the Court shall, before making its decree, pass an order directing
such accounts to be taken as it thinks fit.
214. (i) Where the defendant has been allowed a set-off against
the claim of the plaintiff, the decree shall state what amount is due
to the plaintiff and what amount (if any) is due to the defendant,
and shall be for the recovery of any sum which appears to be due
to either party.
(ii) The decree of the Court, with respect to any sum awarded
to the defendant, shall have the same effect, and be subject to the
same rules in respect of appeal or otherwise, as if such sum had
been claimed by the defendant in a separate suit against the plaintiff.
(iii) The provisions of this section shall apply whether the set-off
is admissible under Section 88 or otherwise.
215. Certified copies of the decree shall be furnished to the cer ised ronies
parties on application to the Court and at their expense. furalsL^i!" ^'^
Decree where
set-ofE is
allowed.
Chapter XXI.
COSTS.
216. When disposing of any application under this Code, the costs of
Court may give to either party the costs of such application or may apphcations.
reserve the consideration of such costs for any future stage of the
proceedings.
217. The judgment shall direct by whom or out of what property judgment to
the costs of each party are to be paid, and whether in whole or in costfto'be paid.
what part or proportion,
218. (i) The Court shall have full power to give and apportion Power of comt
costs of every application and suit in such manner as it thinks fit, ^ ° ^°^ ^'
and the fact that the Court has no jurisdiction to hear the applica-
tion or try the suit is no bar to the exercise of such power.
(ii) Where the Court directs that the costs of any application or
suit shall not follow the event, the Court shall state its reasons in
writing.
392
No. 15 OF 1918.
Costs may be
s et-oS against
s um admitted
or found to be
due.
Interest on
CQPt^. Payment
of costs out of
subject-matter.
(iii) Every order relating to costs made under this Code and not
forming part of a decree may be executed as if it were a decree for
the payment of money.
219. The Court may direct that the costs payable to one party
by another shall be set-off against any sum which is admitted or
is found in the suit to be due from the former to the latter.
220. The Court may give interest on costs at any rate not
exceeding eight per cent, per annum, and may direct that costs, with
or without interest, be paid out of, or charged upon, the subject-
matter of the suit.
Chapter XXII.
EXECUTION OF DECREES.
Modes of paying
money under
decree.
Agreement to
cive time to
judsraent-
debtor.
Payment to
decree-bolder.
PAYMENT UNDER DECREE.
221. All money payable under a decree shall be paid as follows —
namely,
(a) into the Court whose duty it is to execute the decree ; or
(b) out of Court to the decree-holder ; or
(c) otherwise as the Court which passed the decree directs.
222. (i) Every agreement to give time for the satisfaction of a
judgment-debt shall be void unless it is made for consideration and
with the sanction of the Court which passed the decree and such
Court deems the consideration to be under the circumstances
reasonable.
(ii) Every agreement for the satisfaction of a judgment-debt
which provides for the payment, directly or indirectly, of any sum
in excess of the sum due or to accrue due under the decree shall be
void unless it is made with the like sanction.
(iii) Any sum paid in contravention of the provisions of this
section shall be applied to the satisfaction of the judgment-debt ;
and the surplus, if any, shall be recoverable by the judgment-debtor.
223. (i) Where any money payable under a decree is paid out of
Court, or the decree is otherwise adjusted in whole or in part to the
satisfaction of the decree-holder, or where any payment is made in
pursuance of an agreement of the nature mentioned in Section 222,
the decree-holder shall certify such payment or adjustment to the
Court whose duty it is to execute the decree and the Court shall
record the same accordingly.
(ii) The judgment-debtor also may inform the Court of such
payment or adjustment and apply to the Court to issue a notice to
the decree-holder to show cause, on a day to be fixed by the Court,
why such payment or adjustment should not be recorded ; and if,
after due service of such notice, the decree-holder faUs to appear
on the day fixed, or having appeared fails to shew cause Avhy the
payment or adjustment shoulcl not be recorded, the Court shall
record the same accordingly.
(iii) A payment or adjustment which has not been certified or
recorded as aforesaid shall not be recognized as a payment or
a'ljustinent of the decree by any Court executing the decree.
CIVIL PROCEDURE CODE. 393
COURTS BY WHICH DECREES MAY BE EXECUTED.
224. A decree may be executed either by the Court which passed court by which
it or by the Court to which it is sent for execution under the executed?^
provisions hereinafter contained.
225. (i) The Court which passed a decree may, on the application Transfer of
of the decree-holder, send it for execution to another Court in the the^ederated
Federated Malay States ,^a'ay ^^^^^
•^ for execution.
(a) if the person against whom the decree is passed actually and
voluntarily resides or carries on business, or personally
works for gain, within the local limits of the jurisdiction
of such other Court ; or
(6) if such person has not property within the local limits of
the jurisdiction of the Court which passed the decree
sufficient to satisfy such decree and has property within
the local limits of the jurisdiction of such other Court ; or
(c) if application is made for execution of the decree by sale
of immovable property and the Court which passed the
decree is not empowered to order sale of immovable
property in execution of a decree ; or
(d) if the decree directs the sale or delivery of immovable
property situate outside the local limits of the jurisdiction
of the Court which passed it ; or
(e) if the Court which passed the decree considers for any other
reason, which it shall record in writing, that the decree
should be executed by such other Court.
(ii) The Court which passed a decree may of its own motion send
it for execution to any Court subordinate thereto.
(iii) The Court to which a decree is sent for execution shall certify
to the Court which passed it the fact of such execution or, where
the former Court fails to execute the same, the circumstances
attending such failure.
226. The Court sending a decree for execution under the last Documents to
preceding section shall send be sent when
^ o decree
(a) a certified copy of the decree ; Sn'thlf
(6) a certificate setting forth that satisfaction of the decree has Ailiay^states
not been obtained* by execution within the jurisdiction of forexecutiou.
the Court by Avhich it was passed, or, where the decree
has been executed in part, the extent to which satisfaction
has been obtained and what part of the decree remains
unexecuted ; and
(c) a certified copy of any order for the execution of the decree,
or, if no such order has been made, a certificate to that
effect.
227. The Court to which a decree is so sent shall cause such Court receiving
copies and certificates to be filed, without any further proof of the etc.X^me'sTme
decree or order for execution, or of the coj)ies thereof, unless without proof.
394
No. 15 OF 1918.
Execution of
decree or order
by Court to
which it is sent.
Powers of Court
in executing
transferred
decree.
Transfer of
decrees to and
from Courts
outside the
Federated
Malay States
lor execution.
the Court, for any special reasons to be recorded under the hand
of the Judge, requires such proof.
228. Where such copies are so filed, the decree or order may be
executed by the Court to which it is sent.
229. The Court executing a decree sent to it under Section 225
shall have the same powers in executing such decree as if it had
been passed by itself. All persons disobeying or obstructing the
execution of the decree shall be punishable by such Court in the
same manner as if it had passed the decree. And its orders in
executing such decree shall be subject to the same rules in respect
of appeal as if the decree had been passed by itself.
230. When the High Commissioner has, by notification in the
Gazette, declared that reciprocal arrangements have been entered into
with regard to any Court in British India or in the Colony of the
Straits Settlements or in any other British Colony or in any Protected
Malay State not being one of the Federated Malay States for the
transfer of decrees to or from such Court for execution, the Court
which passed a decree may, subject to the terms of the said notifica-
tion, on the application of the decree-holder send it to such Court
for execution ; and every Court shall, subject as aforesaid, execute
any decree which may be sent to it by such Court for that purpose.
231. The Court sending a decree for execution under the last
preceding section shall send
(a) a certified copy of the decree ;
(6) a certificate setting forth that satisfaction of the decree has
not been obtained by execution, or, where the decree has
been executed in part, the extent to which satisfaction
has been obtained, and what part of the decree remains
unexecuted ;
(c) a certified copy of any order for the execution of the decree,
and, if no such order has been made, a certificate under
the seal of the Court to that effect ; and
{d) security for the costs of execution.
Procedure of 232. (i) A Court receiving such copies and certificate from any
Court to which Court with regard to which reciprocal arrangements have been
transferred from notified uudcr Scctiou 230 shall, if competent to execute decrees of
Federat'ed"^^ sucli last mentioned Court, cause such copies and certificate to be
Malay States filed
for execution. * •
(ii) The Court to which in accordance with the terms of a notifica-
tion under Section 230 a decree is sent for execution shall have the
same powers in executing such decree as if it had been passed by
itself, and all persons disobeying or obstructing the execution of
the decree shall be punishable by such Court in the same manner
as if it had passed the decree.
(iii) The Court to which in accordance with the terms of a
notification under Section 230 a decree is sent for execution shall
certify to the Court which sent it the fact of such execution or,
where the former Court fails to execute the same, the circumstances
attending such failure.
Documents
to be sent
when decree
transferred to
Court outside
Federated
Malay States
lor execution.
CIVIL PROCEDURE CODE. 395
APPLICATION FOR EXECUTION.
233. Where the holder of a decree desires to execute it, he shall Application for
apply to the Court which passed the decree or to the officer, if any, ®^®^" ^°^'
appointed in this behalf, or if the decree has been sent under the
provisions hereinbefore contained to another Court then to such
Court or to the proper officer thereof.
234. (i) Where an application to execute a decree for the payment Execution
of money or delivery of other property has been made and granted, ceTtTii ceases.
no order for the execution of the same decree shall be made upon
any fresh application presented after the expiration of twelve years
from any of the following dates — namely,
(a) the date of the decree sought to be executed or of the decree
(if any) on appeal affirming the same, or
(6) where the decree or any subsequent order directs any
payment of money, or the delivery of any property, to be
made at a certain date or at recurring periods — the date
of the default in making the pajnnent or delivery in
respect of which the applicant seeks to execute the decree.
(ii) Nothing in this section shall preclude the Court from ordering
the execution of a decree upon an application presented after the
expiration of the said term of twelve years where the judgment-
debtor has, by fraud or force or bj^ absence beyond the jurisdiction
of the Court, prevented the execution of the decree at some time
within twelve years immediately before the date of the application.
235. The application for the execution of a decree shall be in contents of
writing, signed and verified by the applicant or by some other execution o/""^
person proved to the satisfaction of the Court to be acquainted with decree.
the facts of the case, and shall contain in a tabular form the following
particulars — namely,
(a) the number of the suit ;
(b) the names of the parties ;
(c) the date of the decree ;
(d) whether any appeal has been preferred from the decree ;
(e) whether any and (if any) what pajonent or other adjustment
of the matter in dispute has been made between the
parties subsequently to the decree ;
(/) whether any and (if any) what previous applications have
been made for execution of the decree, the dates of such
applications and their results ;
(g) the amount, with the interest (if any), due upon the decree,
or other relief granted thereby, together with particulars
of any cross-decree, whether passed before or after the
date of the decree sought to be executed ;
(h) the amount of costs (if any) awarded ;
{i) the name of the person against whom the execution of the
decree is sought ; and
396
No. 15 OF 1918.
Application for
attachment of
movable
property not in
judgroent-
debtor's
possession.
Particulars
required where
application is
for attachment
of immovable
property.
"Where
application
must be
accompanied by
extract from
Registry of
Titles or Land
Office register.
Application by
joint decree-
holder.
Application by
transferee of
decree.
(j) the mode in which the assistance of the Court is required,
whether by the delivery of property specifically decreed,
or by the attachment of the judgment-debtor's property,
or otherwise, as the nature of the relief sought may
require.
236. Where an application is made for the attachment of any
movable property belonging to a judgment-debtor but not in his
possession, the decree-holder shall annex to the application an
inventory of the property to be attached containing a reasonably
accurate description of the same and stating the name and address
of the person or persons in whose possession such property is
alleged to be.
237. Where an application is made for the attachment of any
immovable property belonging to a judgment-debtor, it shall contain
at the foot a description of the property, sufficient to identify it,
and also a specification of the judgment-debtor's share or interest
therein to the best of the belief of the applicant and so far as he
has been able to ascertain the same.
238. Where an application is made for the attachment of any
land which is registered in any Registry of Titles or Land Office, the
application for attachment shall be accompanied by an authenticated
extract from the register of such Registry or Land Office, specifying
the persons registered as proprietors of, or as possessing any
transferable interest in, the land, or as liable to pay revenue for
such land, and the shares of the persons so registered.
239. (i) Where a decree has been passed jointly m favour of more
persons than one, any one or more of such persons, or his or their
representatives, may, unless the decree imposes any condition to
the contrary, apj^ly for the execution of the whole decree for the
benefit of them all, or, Mhere any of them has died, for the benefit
of the survivors and the legal representative of the deceased.
(ii) Where the Court sees sufficient cause for allowing the decree
to be executed on an application so made, it shall make such order as
it deems necessary for protecting the interests of the persons who
have not joined in the application.
240. Where a decree or, if a decree has been jjassed jointly in
favour of two or more persons, the interest of any decree-holder in
the decree is transferred by assignment in Avriting or by operation of
law, the transferee may apply for execution of the decree to the
Court which passed it ; and the decree may be executed in the same
manner and subject to the same conditions as if the aj) plication
were made by such decree-holder.
Provided as follows :
(a) Where the decree, or such interest as aforesaid, has been
transferred by assignment, notice in writing of such
application shall be given to the transferor and to the
judgment-debtor, and the decree shall not be executed
until the Court has heard their objections (if any) to
such execution : provided tliat the Court may at its
discretion dispense with service of such notice on the
transferor ;
CIVIL PROCEDURE CODE. 397
(b) Where a decree for money against two or more persons has
been transferred to one of them, it shall not be executed
against the other or others.
241. Every transferee of a decree shall hold the same subject to Transferee to
the equities (if any) which the judgment-debtor might have enforced eqiS^nforce-
acjainst the original decree-holder. able against
o ® original holder.
242. (i) Where a judgment-debtor dies before the decree has n judgment-
been fully satisfied, the holder of the decree may apply to the Court beforTs'^afis-
which passed it to execute the same against the legal representative faction, appuca-
01 the deceased. made against
(ii) Where the decree is executed against such legal representative, the.
he shall be liable only to the extent of the property of the deceased
which has come to his hands and has not been duly disposed of ; and
for the purpose of ascertaining such liability the Court executing
the decree may, of its own motion or on the application of the
decree-holder, compel such legal representative to produce such
accounts as it thinks fit.
243. (i) The Court, on receiving an application for the execution procedure on
of a decree, shall ascertain whether such of the requirements of application for
Sections 235, 236, 237, and 238 as may be applicable to the case have execution of
been complied with, and if they have not been complied with the
Court may reject the application, or may allow the defect to be
remedied then and there or within a time fixed by the Court. If the
defect be not so remedied, the application shall be rejected.
(ii) Every amendment made under this section shall be signed or
initialled by the Judge or the Registrar.
(iii) When the application is admitted, the Court shall enter in the
proper register a note of the application and the date on which it
was made, and shall, subject to the provisions hereinafter contained,
order execution of the decree according to the nature of the applica-
tion :
Provided that, in the case of a decree for the payment of money,
the value of the property attached shall, as nearly as may be,
correspond with the amount due under the decree.
244. (i) Where applications are made to a Court for the execution Execution in
of cross-decrees in separate suits between the same parties for the dTcrees?'^"^^'
payment of money which are capable of execution at the same
time by such Court, then
(a) if the two sums are equal, satisfaction shall be entered upon
both decrees ;
(6) if the two sums are unequal, execution may be taken out
only by the holder of the decree for the larger sum and
for so much only as remains after deducting the smaller
sum, and satisfaction for the smaller sum shall be entered
upon the decree for the larger sum as well as satisfaction
upon the decree for the smaller sum.
(ii) This section applies where either party is an assignee of one
of the decrees and as well in respect of judgment-debts due by the
original assignor as in respect of judgment-debts due by the assignee
himself.
398
No. 15 OF 1918.
(iii) This section does not apply unless the decree-holder in one
of the suits in which the decrees have been made is the judgment-
debtor in the other and each party fills the same character in both
suits, and the sums due under the decrees are definite.
(iv) The holder of a decree passed against several persons jointly
and severally may treat it as a cross-decree in relation to a decree
passed against him singly in favour of one or more of such persons.
Execution in
case of cross
claims under
same decree.
Notice to shew
cause why
decree should
not be executed.
Illustrations.
(a) A holds a decree against B for 81,000. B holds a decree against A
for the payment of 81,000 in case A fails to deliver certain goods at a futiire
day. B cannot treat his decree as a cross-decree under this section.
(6) A and B, co-plaintiffs, obtain a decree for 81,000 against C, and
obtains a decree for 81,000 against B. C cannot treat his decree as a cross-
decree under this section.
(c) A obtains a decree against B for 81,000. C, who is a trustee for B,
obtains a decree on behalf of B against A for 81,000. B cannot treat C's
decree as a cross-decree under this section.
(d) A, B, C, D, and E are jointly and severally liable for $1,000 under a
decree obtained by F. A obtains a decree for 8100 against F singly and
applies for execution to the Court in which the joint-decree is being executed.
F may treat his joint-decree as a cross-decree \mder this section.
245. Where application is made to a Court for the execution of
a decree under which two parties are entitled to recover sums of
money from each other, then
(a) if the two sums are equal, satisfaction for both shall be
entered upon the decree ;
(b) if the tAVo sums are unequal, execution may be taken out
only by the party entitled to the larger sum and for so
much only as remains after deducting the smaller sum, and
satisfaction for the smaller sum shall be entered upon the
decree.
246. Where an application for execution is made
(a) more than one year after the date of the decree, or
(6) against the legal representative of a party to the decree,
the Court shall issue a notice to the person against whom execution
is applied for, requiring him to shew cause, within a period to be
fixed by the Court, why the decree should not be executed against
him ; provided that no such notice shall be necessary in consequence
of more than one year having elapsed between the date of the decree
and the application for execution if the application is made within
one year from the date of any decree passed on appeal from the
decree sought to be executed or of the last order against the jaarty
against whom execution is applied for, made on any previous applica-
tion for execution, or in consequence of the application being
against the legal representative of the judgment-debtor if upon a
previous application for execution against the same person the Court
has ordered execution to issue against him.
Explanation. — In this section the phrase "the Court" means the Court
by which the decree was passed, unless the decree has been sent to another
Court for execution, in which case it means such other Court.
CIVIL PROCEDURE CODE.
399
247. (i) Where the person to whom notice is issued under the Procedure after
last preceding section does not appear, or does not sheAv cause to the
satisfaction of the Court why the decree should not be executed,
the Court shall order the decree to be executed.
(ii) Where such person offers any objection to the execution of
the decree, the Court shall consider such objection and make such
order as it thinks fit.
WARRANT FOR EXECUTION.
248. (i) When the preliminary measures (if any) required by the warrant for
foregoing provisions have been taken, the Court shall, unless it sees ®^®°" ^°^'
cause to the contrary, issue its warrant for the execution of the decree.
(ii) Such warrant shall be dated the day on which it is issued,
and shall be signed by the chief ministerial officer of the Court and
sealed with the seal of the Court and delivered to the proper officer
to be executed.
(iii) In such warrant a day shall be specified on or before which it
shall be executed.
249. The proper officer shall endorse on the Avarrant the day on, Endorsement
and the manner in, which it was executed, or, if it was not executed, °° "^"*" •
the reason why it was not executed, and shall return it with such
endorsement to the Court from which it issued.
STAY OF EXECUTION.
250. (i) The Court to which a decree has been sent for execution when court
under this Chapter shall, upon sufficient cause being shewn, stay execution.
the execution of such decree for a reasonable time, to enable the
judgment-debtor to apply to the Court by which the decree was
passed, or to any Court having appellate jurisdiction in respect of
the decree or the execution thereof, for an order to stay execution,
or for any other order relating to the decree or execution which might
have been made by such Court of first instance or appellate Court if
execution had been issued thereby, or if application for execution
had been made thereto.
(ii) Where the property of the judgment-debtor has been seized
under an execution, the Court which issued the execution may order
the restitution of such property pending the result of the application
for such order.
(iii) Before making an order to stay execution or for the restitu-
tion of property the Court may require such security from, or impose
such conditions upon, the judgment-debtor as it thinks fit.
251. No order of restitution under Section 250 of the property of Liability of
a judgment-debtor shall prevent it from being retaken in execution d^btor-'s'
of the decree sent for execution. disc^harged to
be retaken.
252. Any order of the Court by which the decree was passed, or of order of Court
such appellate Court as aforesaid, in relation to the execution of such ^e'creeor^f^'^
decree shall be binding upon the Court to which the decree was sent appellate court
. . to be binding
for execution. upon court
applied to.
400
No. 15 OF 1918.
stay of execu-
tion pending
suit between
decree-holder
and judgment-
debtor.
253. Where a suit is pending in any Court against the holder of a
decree of such Court, on the part of the person against whom the
decree was passed, the Court may, on such terms as to security or
otherwise as it thinks fit, stay execution of the decree until the
pending suit has been decided.
Questions to be
determined by-
Court executing
decree.
Decree against
representative
of deceased for
money to be
paid out of
deceased's
property.
Decree where
performance
guaranteed by
surety.
QUESTIONS FOR COURT EXECUTING DECREE.
254. (i) The following questions shall be determined by order of
the Court executing a decree and not by separate suit — namely,
(a) questions regarding the amount of any mesne profits as to
which the decree has directed enquiry ;
(b) questions regarding the amount of any mesne profits or
interest which the decree has made payable in respect of
the subject-matter of a suit, between the date of its
institution and the execution of the decree, or the expira-
tion of three years from the date of the decree ;
(c) any other questions arising between the parties to the suit in
which the decree was passed, or their representatives, and
relating to the execution, discharge, or satisfaction of the
decree or to the stay of execution thereof.
(ii) Nothing in this section shall be deemed to bar a separate suit
for mesne profits accruing between the institution of the first suit and
the execution of the decree therein, where such profits are not dealt
with by such decree.
(iii) Where a question arises as to who is the representative of a
party for the purposes of this section, the Court may either stay
execution of the decree until the question has been determined by a
separate suit or itself determine the question by an order under this
section.
MODE OF EXECUTION.
255. (i) Where a decree is passed against a party as the legal
representative of a deceased person, and the decree is for the pay-
ment of money out of the property of the deceased, it may be
executed by the attachment and sale of any such property.
(ii) Where no such property remains in the possession of the
judgment-debtor and he fails to satisfy the Court that he has duly
applied such property of the deceased as is proved to have come into
his possession, the decree may be executed against the judgment-
debtor, to the extent of the property in respect of which he has
failed so to satisfy the Court, in the same manner as if the decree
had been against him personally.
256. Where a person has, before the passing of a decree in a suit,
become liable as surety for the performance of the same or of any
part thereof, the decree may be executed against him, to the extent
to which he has rendered himself liable, in the same manner as a
decree may be executed against a defendant.
Provided that such notice in writing as the Court in each case
thinks sufticiont has been given to the surety.
CIVIL PROCEDURE CODE. 401
257. Every decree or order for the payment of money, including ocreefor
a decree for the payment of money as the alternative to some mYn'ey"*^"*
other relief, may be enforced by the attachment and sale of the
judgment-debtor's property in manner hereinafter provided.
258. Where a decree is for mesne profits or any other matter the Decree for
amount of M'hich in money is to be subsequently determined, the ^^g'i^n^au *^ "^
property of the judgment-debtor may, before the amount due from amount of
him under the decree has been ascertained, be attached as in the case rubsequ°entiy
of an ordinary decree for the payment of money. ascertained.
259. Where a decree is for the payment of money and the amount Power to direct
decreed does not exceed the sum of one thousand dollars, the Court execution^ot
may, when passing the decree, on the oral application of the decree- '^^^ne®^''^
holder, order immediate execution thereof by the issue of a warrant exceediner
directed against the judgment-debtor's movable property within the doUars!"^*"*^
local limits of the jurisdiction of the Court.
260. (i) Where a decree is for any specific movable, or for any Decree for
share in a specific movable, it may be executed by the seizure, if movables.
practicable, of the movable or share and by the delivery thereof to
the party to whom it has been adjudged, or to such person as he
appoints to receive delivery on his behalf, or by the attachment of
the property of the judgment-debtor.
(ii) Where any attachment under this section has remained in
force for six weeks, if the judgment-debtor has not obeyed the decree
and the decree-holder has applied to have the attached property
sold, such property may be sold, and out of the proceeds the Court
may award to the decree-holder in cases where any amount has been
fixed under Section 206 such amount, and in other cases such
compensation as it thinks fit, and shall pay the balance (if any) to
the judgment-debtor on his application.
(iii) Where the judgment-debtor has obeyed the decree and paid
all costs of executing the same which he is bound to pay, or where
at the end of six weeks from the date of the attachment no
application to have the property sold has been made, or any such
application made has been refused, the attachment shall cease.
281. (i) Where the party against whom a decree or injunction Decree for
for the specific performance of a contract or for the performance specific
of or abstention from any particular act has been made has had an imunction.
opportunity of obejdng the decree or injunction and has Avilfully
failed to obey it, the decree or injunction may be enforced by his
detention in the civil prison or by the attachment of his property
or by both.
(ii) Where the party against whom such a decree or injunction as
aforesaid has been passed is a corporation, the decree or injunction
may be enforced by the attachment of the property of the corpora-
tion or, with the leave of the Court, by the detention in the civil
prison of the directors or other principal officers thereof or by both
attachment and detention.
(iii) Where any attachment under this section has remained in
force for one year, if the judgment-debtor has not obeyed the decree
or injunction and the decree-holder has applied to have the attached
III— 26
402
No. 15 OF 1918.
Decree for
execution of
document, or
endorsement of
negotiable
instrument.
Decree for
Immovable
property.
Delivery of
immovable
property when
In occupancy of
'enant
property sold, the property may be sold ; and out of the proceeds
the Court may award to the decree-holder such compensation as it
thinks fit, and may pay the balance (if any) to the judgment-debtor
on his application.
(iv) Where the judgment-debtor has obeyed the decree or injunc-
tion and paid all costs of executing the same which he is bound
to pay, or where at the end of one year from the date of the
attachment no application to have the property sold has been
made and granted, the attachment shall cease.
(v) Where such a decree or injunction as aforesaid has not been
obeyed, the Court may, in lieu of or in addition to all or any of
the processes aforesaid, direct that the act required to be done
may be done so far as practicable by the decree-holder or some
other person appointed by the Court, at the cost of the judgment-
debtor, and upon the act being done the expenses incurred may
be ascertained in such manner as the Court may direct and may be
recovered as if they were included in the decree or injunction.
262. (i) Where a decree is for the execution of a document or for
the endorsement of a negotiable instrument and the judgment-
debtor neglects or refuses to obey the decree, the decree-holder
may prepare a draft of the document or endorsement in accordance
with the terms of the decree and deliver the same to the Court.
(ii) The Court shall thereupon cause the draft to be served on
the judgment-debtor in manner hereinbefore provided for serving
a summons, together with a notice in writing requiring his objections
(if any) thereto to be made within such time, to be specified in the
notice, as the Court fixes in this behalf.
(iii) Where the judgment-debtor objects to the draft, his objec-
tions shall be stated in writing within such time, and the Court
shall make such order approving or altering the draft as it thinks fit.
(iv) The decree-holder shall deliver to the Court a copy of the
draft with such alterations (if any) as the Court may have directed
upon properly stamped paper if a stamp is required by law, and
the Court shall execute the document so delivered.
(v) The execution of a document, or the endorsement of a
negotiable instrument, by the Court under this section may be in
the following form : " C. D., Registrar of the Court of , for
A. B., in a suit by E. F., against A. B.," or in such other form as the
Judicial Commissioners may from time to time prescribe, and shall
have the same effect as the execution of the document or the
endorsement of the negotiable instrument by the party ordered to
execute or endorse the same.
263. Where a decree is for the delivery of any immovable pro-
perty, it may be executed by delivering possession of the property
to the party to whom it has been adjudged, or to such person as
he appoints to receive delivery on his behalf, and, if necessary, by
removing any person bound by the decree who refuses to vacate
the property.
264. Where a decree is for the delivery of any immovable
property in the occupancy of a tenant or other person entitled to
CIVIL PROCEDURE CODE. 403
occupy the same and not bound by the decree to relinquish such
occupancy, the Court shall order delivery to be made by affixing
a copy of the warrant in some conspicuous place on the property
and proclaiming to the occupant by beat of gong, or in such other
mode as is customary, at some convenient place the substance of
the decree in regard to the property.
Provided that if the occupant can be found, a notice in WTiting
containing such substance shall be served upon him, and in such
case no proclamation need be made.
ATTACHMENT OF PROPERTY.
265. (i) The following property is liable to attachment and sale fjattf^h^ent^
in execution of a decree — namely, lands, houses or other buildings, and sale in
goods, money, bank-notes, cheques, bills of exchange, promissory decree."""
notes, Government securities, bonds or other securities for money,
debts, shares in a corporation, and, except as hereinafter mentioned,
all other saleable property, movable or immovable, belonging to
the judgment-debtor or over which, or the profits of which, he has
a disposing power which he may exercise for his own benefit, and
whether the same be held in the name of the judgment-debtor or
by another person in trust for him or on his behalf.
Provided that the following particulars shall not be liable to such
attachment or sale — namely,
(a) the necessary wearing apparel, cooking vessels, beds and
bedding of the judgment-debtor, his wife and children ;
(b) tools of artisans, and, where the judgment-debtor is an
agriculturist, his implements of husbandry and such cattle
and seed-grain or produce as may in the opinion of the
Court be necessary to enable him to earn his livelihood
as such ;
(c) houses and other buildings (with the materials and the sites
thereof and the land immediately appurtenant thereto
and necessary for their enjoyment) belonging to an
agriculturist and occupied by him ;
(d) books of account ;
(e) mere rights to sue for damages ;
(/) any right of personal service ;
(g) pensions, allowances, and gratuities, allowed to military and
civil ex-servants of Government, and political pensions ;
(h) the salary of a public officer or of any servant of a Railway
Administration or Sanitary Board to the extent of
(1) the whole of the salary, where the salary does not
exceed twenty dollars monthly ;
(2) twenty dollars monthly, where the salary exceeds
twenty dollars and does not exceed forty dollars
monthly ; and
(3) one moiety of the salary in any other case.
404
No. 15 or 1918.
Examination of
judgment-
debtor as to his
property.
Attadiment of
movable
property In
possession of
judi^ment-
dehtor.
Rules for
maintenance of
property under
attachment.
Provided that no salary of a public officer or servant of a Railway
Administration or Sanitary Board shall be attached in any State
unless and until the written consent of the Resident of such State,
or of the Secretary to such Resident, to such attachment shall have
been produced in Court.
(i) the pay and allowances of Malay States Guides and Police ;
(j) the wages of labourers and domestic servants ;
(k) an expectancy of succession by survivorship or other merely
contingent or possible right or interest ;
(/) a right to future maintenance ;
(m) where the judgment-debtor is a person liable for the pay-
ment of land revenue, any movable property which under
any law applicable to him is exempt from sale for the
recovery of an arrear of such revenue.
Explanation. — The particulars mentioned in clauses (g), (h), (i), and (j)
are exempt from attachment or sale whether before or after they are actually
payable.
(ii) Nothing in this section shall be deemed to exempt houses
and other buildings (with the materials and the sites thereof and
the lands immediately appurtenant thereto and necessary for their
enjoyment) from attachment or sale in execution of decrees for
rent of any such house, building, site, or land.
266. Where a decree is for the payment of money, the
decree-holder may apply to the Court for an order that
(a) the judgment-debtor, or
(b) in the case of a corporation, any officer thereof, or
(c) any other person
be orally examined as to whether any or what debts are owing to
the judgment-debtor and whether the judgment-debtor has any
and what other property or means of satisfjdng the decree ; and
the Court may make an order for the attendance and examination
of such judgment-debtor or officer or other person and for the
production of any books or documents.
267. Where the property to be attached is movable property in
the possession of the judgment-debtor, the attachment shall be
made by actual seizure, and the attaching officer shall keep the
property in his own custody or in the custody of one of his sub-
ordinates and shall be responsible for the due custody thereof.
Provided that where the property seized is subject to speedy and
natural decay, or where the expense of keeping it in custody will
exceed its value, the proper officer may sell it at once.
268. The Resident of a State may, with the approval of the
Chief Secretary, from time to time by notification in the Gazette
make rules for the maintenance and custody, while under attach-
ment, of live-stock and other movable property, and the officer
attaching property in such State under this section shall, not-
withstanding the provisions of the last preceding section, act in
accordance with such rules.
CIVIL PROCEDURE CODE. 405
269. (i) In the case of (a) a debt not secured by a negotiable Attachment of
instrument, (6) a share in the capital of a corporation, (c) other other p'i-op'eay'^
movable property not in the possession of the judgment-debtor, "j'^^^P^^g^'""
except property deposited in, or in the custody of, any Court, the debtor.
attachment shall be made by a written order prohibiting
(a) in the case of the debt, the creditor from recovering the
debt and the debtor from making payment thereof until
the further order of the Court ;
(6) in the case of the share, the person in whose name the share
may be standing from transferring the same or receiving
any dividend thereon ;
(c) in the case of the other movable property, except as afore-
said, the person in possession of the same from giving
it over to the judgment-debtor.
(ii) A copy of such order shall be affixed on some conspicuous
part of the Court-house, and another copy of the same shall be
sent, in the case of the debt, to the debtor, in the case of the share,
to the proper officer of the corporation, and in the case of the other
movable property, except as aforesaid, to the person in possession
of the same.
(iii) A debtor prohibited under clause (a) of sub-section (i) may
pay the amount of his debt into Court and such payment shall
discharge him as effectually as payment to the party entitled to
receive the same.
270. (i) Where the property to be attached is the salary of a Attachment of
public officer or of the servant of a Railway Administration or omc^.^^ ^"'''"^
Sanitary Board, the attachment shall be made by a written order
requiring the officer whose duty it is to disburse the salary to
withhold every month such portion as the Court may direct, until
the further orders of the Court.
(ii) A copy of every such order and of the written consent of the
Resident, or of the Secretary to the Resident, to the attachment
shall be affixed on a conspicuous part of the Court-house and shall
be served on the officer so required.
(iii) Every such officer may from time to time pay into Court
any portion so withheld, and such payment shall discharge the
Government or the Railway Administration or Sanitary Board, as
the case may be, as effectually as payment to the judgment-debtor.
271. Where the property to be attached is a negotiable Attachment of
instrument not deposited in a Court, nor in the custody of a public uistr^ents.
officer, the attachment shall be made by actual seizure, and the
instrument shall be brought into Court and held subject to the
further orders of the Court.
272. (i) No person executing any process under this Code Entry into
directing or authorizing seizure of movable property shall enter
any dweUing-house after sunset and before sunrise.
(ii) No outer door of a dwelling-house shall be broken open unless
such dwelling-house is in the occupancy of the judgment-debtor and
he refuses or in any way prevents access thereto ; but when the
406
No. 15 OF 1918.
Attachment of
property in
custody of
Court or public
officer.
A-ttachment of
decree.
person executing any such process has duly gained access to any
dwelling-house, he may unfasten, break open, or otherwise open
the door of any room in which he has reason to believe any such
property to be.
273. Where the property to be attached is in the custody of any
Court or public officer, the attachment shall be made by a notice
to such Court or officer requesting that such property, and any
interest or dividend becoming payable thereon, may be held subject
to the further orders of the Court from which the notice issues.
Provided that, where such property is in the custody of a Court,
any question of title or priority arising between the decree-holder
and any other person, not ])eing the judgment-debtor, claiming
to be interested in such property by virtue of any assignment,
attachment, or otherwise shall be determined by such Court.
Provided, further, that property which in any State, not bemg
in the custody of a Court, is in the custody or under the control of
any public officer in his official capacity shall not be attached
unless and until the written consent of the Resident of such State,
or of the Secretary to such Resident, to such attachment shall
have been produced in Court.
274. (i) Where the property to be attached is a decree for the
payment of money passed by the Court which passed the decree
sought to be executed, the attachment shall be made by an order
of the Court directing the proceeds of the former decree to be applied
in satisfaction of the latter decree.
(ii) Where the property to be attached is a decree for the
payment of money passed by any other Court, the attachment shall
be made by a notice in writing to such Court by the Court which
passed the decree sought to be executed, requesting the former
Court to stay the execution of its decree until such notice is can-
celled by the Court from which it was sent. The Court receiving
such notice shall stay execution accordingly, unless and until
(a) the Court which passed the decree sought to be executed
cancels the notice ; or
(6) the holder of the decree sought to be executed applies to
the Court receiving such notice to execute its own decree.
On receiving such application the Court shall proceed to execute
the decree and apply the proceeds in satisfaction of the decree
sought to be executed.
(iii) In the case of all other decrees the attachment shall be made
by a notice in writing by the Court which passed the decree sought
to be executed, to the holder of the decree sought to be attached,
prohibiting him from transferring or charging the same in any way ;
and, where such decree has been passed by any other Court, also by
sending to such Court a notice in writing to abstain from executing
the decree sought to be attached until such notice is cancelled by
the Court from which it was sent. Every Court receiving such
notice shall give effect to the same until it is so cancelled.
(iv) The holder of any decree attached under this section shall
give to the Court executing the same such information and aid as
may reasonably be required.
CIVIL PKOCEDURE CODE.
407
Attachment of
immovable
property.
(v) On the application of the holder of a decree sought to be
executed bv the attachment of another decree, the Court making an
order of attachment under this section shall give notice of such
order to the judgment-debtor bound by the decree attached ; and
no payment or adjustment of the attached decree made by the
judgment-debtor in contravention of such order after receipt of
notice thereof, either through the Court or otherwise, shall be recog-
nized by any Court so long as the attachment remains in force.
275. (i) Where the property to be attached is immovable, the
attachment shall be made by an order prohibiting the judgment-
debtor from transferring or charging the property in any way and
all persons from taking any benefit from such transfer or charge.
(ii) The order shall be affixed on a conspicuous part of the property
and on a conspicuous part of the Court-house.
(iii) Where the property is land which is subject to " The Registra-
tion of Titles Enactment, 1911," the requirements of Section 68 of
that Enactment shall also be compUed with.
(iv) Where the property is land paying revenue to the Govern-
ment, a copy of the order shall also be served on the Collector of
Land Revenue for the district in which the land is situate.
276. Where withdrawal oi
(a) the amount decreed and the costs and all charges and on satisfaction
expenses resulting from the attachment of any property decreT^*^°^
, are paid into Court, or
(6) satisfaction of the decree is otherwise made through the
Court or certified to the Court, or
(c) the decree is set aside or reversed,
the attachment shall be deemed to be withdrawn, and, in the case
of immovable property, the Avithdrawal shall, if the judgment-debtor
so desires, be proclaimed at his expense and a copy of the proclama-
tion shall be aifixed in the manner prescribed by the last preceding
section.
277. Where the property attached is current coin or currency
notes, the Court may, at any time during the continuance of the
attachment, direct that such coin or notes, or a part thereof sufficient
to satisfy the decree, be paid over to the party entitled under the
decree to receive the same.
278. Where an attachment has been made, any private transfer
or delivery of the property attached or of any interest therein, and
any payment to the judgment-debtor of any debt, dividend, or other
moneys contrary to such attachment, shall be void as against all
claims enforceable under the atttachment.
Court may
direct coin or
currency notes
attached to be
paid to party
entitled.
Private
alienation of
property after
attachment
to be void.
mVESTIGATION OF CLAIMS AND OBJECTIONS.
279. (i) Where any claim is preferred to, or any objection is made investis^ation of
claims to, and
to
to the attachment of, any property attached in execution of a decree, obi™tious
on the ground that such property is not liable to such attachment, **^^°|J™^'^* °^'
the Court shall proceed to investigate the claim or objection with the property.
like power as regards the examination of the claimant or objector,
and in all other respects, as if he was a party to the suit.
408
No. 15 OF 1918.
Evidence to be
adduced by
claimant.
Release of
property from
attachment.
Disallowance of
claim to
property
attached.
Continuance of
attachment
subject to
claim of
incumbrancer.
Saving of suits
to establish
right to
attached
property.
Property
attached in
execution of
decrees of
several Courts.
Power to order
property
attached to be
sold and
proceeds to be
paid to person
entitled.
Sales, by whom
conducted and
how made.
Provided that no such investigation shall be made where the Court
considers that the claim or objection was designedly or unnecessarily
delayed.
(ii) Where the property to which the claim or objection applies has
been advertised for sale, the Court ordering the sale may postpone it
pending the investigation of the claim or objection.
280. The claimant or objector must adduce evidence to shew
that at the date of the attachment he had some interest in, or was
possessed of, the property attached.
281. Where upon the said investigation the Court is satisfied that,
for the reason stated in the claim or objection, such property was not,
when attached, in the possession of the judgment-debtor or of some
person in trust for him, or in the occupancy of a tenant or other
person paying rent to him, or that being in the possession of the
judgment- debtor at such time it was so in his possession not on his
own account or as his own property but on account of or in trust for
some other person, or partly on his own account and partly on
account of some other person, the Court shall pass an order for
releasing the property, wholly or to such an extent as it thinks fit,
from attachment.
282. Where the Court is satisfied that the property was, at the time
when it was attached, in the possession of the judgment-debtor as
his own property and not on account of any other person, or was in
the possession of some other person in trust for him, or in the
occupancy of a tenant or other person paying rent to him, the Court
shall disallow the claim.
283. Where the Court is satisfied that the property is subject to a
mortgage, charge, or lien in favour of some person not in possession
and thinks fit to continue the attachment, it may do so, subject to
such mortgage, charge, or lien.
284. The party against whom an order under Section 281, 282, or
283 is made may institute a suit to establish the right which he claims
to the property in dispute, but, subject to the result of such suit, if
any, the order shall be conclusive.
285. Where property not in the custody of any Court is under
attachment in execution of decrees of more Courts than one, the
Court which shall receive or realize such property and shall determine
any claim thereto and any objection to the attachment thereof shall
be the Court of highest grade, or, where there is no difference in grade
between such Courts, the Court under whose decree the property
was first attached.
SALE GENERALLY.
286. Any Court executing a decree may order that any property
attached by it and liable to sale, or such portion thereof as may seem
necessary to satisfy the decree, shall be sold and that the proceeds
of such sale, or a sufficient portion thereof, shall be paid to the party
entitled under the decree to receive the same.
287. Sales in execution of decrees shall usually be conducted by a
licensed auctioneer or by such other person as the Court may by
CIVIL PROCEDURP] CODE. 409
special order appoint, and, except as provided in Section 297, shall
be made by public auction in manner hereinafter mentioned.
288. (i) Where any property is ordered to be sold by public Proclamation of
auction in execution of a decree, the Court shall cause a proclamation auction.^"
of the intended sale to be made in English, Mala3\ Chinese, and Tamil.
(ii) Such proclamation shall state the time and place of sale and
shall specify as fairly and accurately as possible
(a) the property to be sold ;
{!)) the revenue assessed upon the estate or part of the estate,
where the property to be sold is an interest in an estate
or a part of an estate pajdng revenue to the Government ;
(c) any incumbrance to which the property is liable ;
{(l) the amount for the recovery of which the sale is ordered ;
and
(c) every other thing which the Court considers material for a
purchaser to know in order to judge of the nature and
value of the property.
(iii) For the purpose of ascertaining the matters so to be specified,
the Court may summon any person whom it thinks necessary to
summon and may examine him in respect of any such matters and
require him to produce any document in his possession or power
relating thereto.
(iv) The Judicial Commissioners, with the approval of the Chief
Secretary, may make rules for the guidance of the Courts in the
exercise of their duties under this section. All such rules shall be
published in the Gazette and shall thereupon have the force of law.
289. No Judge or other public officer shall be answerable for any indemnity of
error, misstatement, or omission in any proclamation under Section •^'^'^°^^' ^^•
288, unless the same has been committed or made dishonestly.
290. (i) The proclamation shall be affixed on a conspicuous Mode of
part of the property, and a copy thereof shall then be affixed on a proclamation.
conspicuous part of the Court-house and, in the case of land paying
revenue to the Government, also on a conspicuous part of the office
of the Collector of Land Revenue for the district in which the land
is situate.
(ii) Where the Court so directs, such proclamation shal' also be
published in the Gazette and in some local newspaper, and the costs of
such publication shall be deemed to be costs of the sale.
291. Except in the case of property of the kind mentioned in the Time of sale.
proviso to Section 267, no sale under this Chapter shall, I without the
consent in writing of the judgment-debtor, take place until after the
expiration of at least thirty days in the case of immovable property,
and of at least fifteen days in the case of movable property,
calculated from the date on which the copy of the proclamation
has been affixed on the Court-house of the Judge ordering the sale.
292. (i) The Court may in its discretion adjourn any sale under Power to
this Chapter to a specified day and hour, and the person conducting
any such sale may in his discretion adjourn the sale, recording his
410
No. 15 OF 1918.
Defaulting
purchaser
answerable for
loss by re-sale.
Decree-holder
not to bid for or
buy property
without
permission.
Persons
concerned in
execution sales
not to bid for or
buy property
Bold.
Proceeds of
execution
sale to be
distributed
rateably among
decree-holders.
reasons for such adjournment. Provided that where the sale is made
in, or within the precincts of, the Court-house, no such adjournment
shall be made without the leave of the Court.
(ii) Where a sale is adjourned under this section for a longer
period than seven days, a fresh proclamation under Section 288 shall
be made, unless the judgment-debtor consents to waive it.
(iii) Every sale shall be stopped if, before the lot is knocked down,
the debt and costs (including the costs of the sale) are tendered to
the person conducting the sale, or proof is given to his satisfaction
that the amount of such debt and costs has been paid into the Court
which ordered the sale.
293. Any deficiency of price which may happen on a re-sale under
this Code by reason of the purchaser's default, and all expenses
attending such re-sale, shall be certified to the Court by the person
holding the sale and shall, at the instance of either the decree-holder
or the judgment-debtor, be recoverable from the defaulting pur-
chaser under the provisions of this Chapter relating to the execution
of a decree for the payment of money.
294. (i) No holder of a decree in execution of which property is
sold shall, without the express permission of the Court, bid for or
purchase the property.
(ii) Where a decree-holder purchases with such permission, the
purchase-money and the amount due on the decree may, subject to
the provisions of Section 296 be set-off against one another, and the
Court executing the decree shall enter up satisfaction of the decree
in whole or in part accordingly.
(iii) Where a decree-holder purchases, by himself or through
another person, without such permission, the Court may, if it thinks
fit, on the application of the judgment-debtor or any other person
whose interests are affected by the sale, by order set aside the sale ;
and the costs of such application and order, and any deficiency of
price which may happen on the re-sale, and all expenses attending it,
shall be paid by the decree-holder.
295. No person having any duty to perform in connection with
any sale under this Chapter shall either directly or indirectly bid for,
acquire, or attempt to acquire any interest in any property sold at
such sale.
296. (i) Where assets are realized by sale or other\vise in execution
of a decree and more persons than one have, prior to the realization,
applied to the Court by which such assets are held for execution of
decrees for the payment of money against the same judgment-
debtor and have not obtained satisfaction thereof, the assets, after
deducting the costs of the realization, shall be distributed rateably
among all such persons.
Provided as follows :
(a) where any property is sold subject to a mortgage or charge,
the mortgagee or incumbrancer shall not as such be entitled
to share in any surplus arising from such sale j
CIVIL PROCEDURE CODE.
411
(6) where any property liable to be sold in execution of a decree
is subject to a mortgage or charge, the Court may, with
the consent of the mortgagee or incumbrancer, order that
the property be sold free from the mortgage or charge,
giving to the mortgagee or incumbrancer the same right
against the proceeds of the sale as he had against the
property sold ;
(c) where any immovable property is sold in execution of a
decree ordering its sale for the discharge of an incumbrance
thereon, the proceeds of sale shall be applied
first, in defraying the expenses of the sale ;
secondly, in discharging the interest and principal money
due on the incumbrance ;
thirdly, in discharging the interest and principal money
due on subsequent incumbrances (if any) ; and
fourthly, rateably among the holders of decrees for the
payment of money against the judgment-debtor
who have, prior to the sale of the said property,
applied to the Court which passed the decree
ordering such sale for execution of such decrees
and have not obtained satisfaction thereof.
(ii) Where all or any of the assets liable to be rateably distributed
under this section are paid to a person not entitled to receive the
same, any person so entitled may sue such person to compel him to
refund the assets.
(iii) Nothing in this section affects any right of the Government
or the rights of any persons under Part V of " The Labour Code,
1912."
SALE OF MOVABLE PROPERTY.
297. Where the property to be sold is a negotiable instrument or Negotiable
a share in a corporation, the Court may, instead of directing the sale anTsiiares^L
to be made by public auction, authorize the sale of such instrument corporations.
or share through a broker.
298. (i) Where movable property is sold by public auction, the Payment for
price of each lot shall be paid at the time of sale or as soon after as ^roperty sold
the person holding the sale directs, and in default of payment the by auction.
property shall forthwith be re-sold.
(ii) On payment of the purchase-money, the person holding the
sale shall grant a receipt for the same, and the sale shall become
absolute.
299. No irregularity in publishing or conducting the sale of irregularity not
movable property shall vitiate the sale ; but any person sustaining bu^^^i^**' ers^'
any injury by reason of such irregularity at the hand of any other injured may
person may institute a suit against him for compensation, or (if such ^"®"
other person is the purchaser) for the recovery of the specific
property and for compensation in default of such recovery.
300. (i) Where the property sold is a negotiable instrument or Delivery of
other movable property, of which actual seizure has been made, it !^r°perty, debt
shall be delivered to the purchaser. and shares.
412
No. 15 OF 1918.
Where a
document or
endorsement is
required to
effect transfer.
Vesting order
in case of other
property.
Wliat Court
may order sales
of land in
execution of
decrees.
Postponement
of e-.aieof land
ti) enable
jiid'-rnicnt-
(lebtor to raise
amount of
decree.
(ii) Where the property sold is movable property in the possession
of some person other than the judgment-debtdr, the delivery thereof
to the purchaser shall be made by giving notice to the person in
possession prohibiting him from delivering possession of the property
to any person except the purcha.ser.
(iii) Where the property sold is a debt not secured by a negotiable
instrument, or is a share in a corporation, the delivery thereof shall
be made by a Avritten order of the Court prohibiting the creditor
from receiving the debt or any interest thereon and the debtor from
making payment thereof to any person except the purchaser, or
prohibiting the person in whose name the share may be standing
from making any transfer of the share to any person except the
purchaser or receiving payment of any dividend or interest thereon,
and the manager, secretary, or other proper officer of the corporation
from permitting any such transfer or making any such payment to
any person except the purchaser.
301. (i) Where the execution of a document or the endorsement
of the party in whose name a negotiable instrument or a share in a
corporation is standing is required to transfer such negotiable
instrument or share, the Court may execute such document or make
such endorsement as may be necessary, and such execution or
endorsement shall have the same effect as an execution or endorse-
ment by the party.
(ii) Such execution or endorsement may be in the following
form : — " A. B., by C. D., Judge of the Court of {or as the case may
be), in a suit by E. F. against A. B."
(iii) Until the transfer of such negotiable instrument or share, the
Court may, by order, appoint some person to receive any interest
or dividend due thereon and to sign a receipt for the same ; and any
receipt so signed shall be as valid and effectual for all purposes as if
the same had been signed by the party.
302. In the case of any movable property not hereinbefore
provided for, the Court may make an order vesting such property
in the purchaser or as he may direct ; and such property shall vest
accordingly.
SALE OF IMMOVABLE PROPERTY.
303. (i) Sales of immovable property in execution of decrees may
be ordered by the Supreme Court only.
(ii) Where the judgment-debtor under any decree of a Lower Civil
Court is a tenant of immovable property, anything attached to such
property which he might before the termination of his tenancy
lawfully remove with the permission of his landlord shall, for the
purpose of the execution of such decree, be deemed to be movable
property and may, if sold in such execution, be severed by the
purchaser, but shall not be removed by him from the property until
he has done to the property whatever the judgment-debtor would
have been bound to do to it if he had removed such thing.
304. (i) Whore an order for the sale of immovable property has
b-K-ii made, if the judgmout-dt^btor can satisfy the Court that there is
reason to believe that the amount of the decree may be raised by
charge or lease or private sale of such property, or some part thereof,
CIVIL PROCEDURE CODE.
413
or of any other immovable property of the judgment-debtor, the
Court may on his application postpone the sale of the property
comprised in the order for sale on such terms and for such period as
it thinks proper, to enable him to raise the amount.
(ii) In such case the Court shall grant a certificate to the judgment-
debtor authorizing him, within a period to be mentioned therein,
and notwithstanding anything contained in Section 278, to make
the proposed charge, lease, or sale.
Provided that all monej^s paj^able under such charge, lease, or sale
shall be paid not to the judgment-debtor but, save in so far as a
decree-holder is entitled to set-off such money under the provisions
of Section 294, into Court.
Provided also that no charge, lease, or sale under this section shall
become absolute until it has been confirmed by the Court.
305. On every sale of immovable property under this Chapter, the Deposit by
person declared to be the purchaser shall pay immediately after such re^a^e o" """^
declaration a deposit of twenty-five per centum on the amount of his default.
purchase-money to the person conducting the sale, and in default of
such deposit, the property shall forthwith be re-sold.
Time for pay-
ment in full.
306. The full amount of purchase-money payable shall be paid by
the purchaser before the Court closes on the fifteenth day after the
sale of the property, exclusive of such daj^ or, if the fifteenth day
be a Sunday or other holiday, then on the first office day after the
fifteenth day.
307. In default of payment -svithin the period mentioned in the procedure in
last preceding section the deposit may, if the Court thinks fit, after pavmenf
defraying the expenses of the sale, be forfeited to the Government,
and the property shall be re-sold, and. the defaulting purchaser
shall forfeit all claim to the property or to any part of the sum for
which it may subsequently be sold.
308. Every re-sale of immovable property, in default of payment Notification on
of the purchase-money within the period allowed for such payment, ''^"^^•®-
shall be made after the issue of a fresh notification in the manner and
for the period hereinbefore prescribed for the sale.
309. Where the property sold in execution of a decree is a share of Bid of co-sharer
undivided immovable property and two or more persons, of whom prefer'ence.
one is a co-sharer, respectively bid the same sum for such property or
for any lot, the bid shall be deemed, to be the bid of the co-sharer.
310. Where immovable property has been sold in execution of a Application to
decree, the decree-holder or any person entitled to share in a rateable land on^"roun*d
distribution of assets or whose interests are affected by the sale may of irregularity
apply to the Court to set aside the sale on the ground of a material
irregularity or fraud in publishing or conducting it :
Provided that no sale shall be set aside on the ground of irregu-
larity or fraud unless upon the facts proved the Court is satisfied
that the applicant has sustained substantial injury by reason of such
irregularity or fraud.
414
No. 15 OF 1918.
Application to
set aside sale on
ground of judg-
ment-debtor
having no sale-
able interest.
EfEect of objec-
tion being
disallowed and
of its being
allowed.
If sale set aside,
price to be
returned to
purchaser.
Certificate to
purchaser of
immovable
property.
Bar to suit
against pur-
chaser buying
on behalf of
others.
Delivery of
property in
occupancy of
judgment-
debtor.
Delivery of
property in
occupancy of
tenant.
311. The purchaser at any such sale in execution of a decree may
api^lj^ to the Court to set aside the sale on the ground that the
judgment-debtor had no saleable interest in the property sold.
312. (i) Where no api^lication is made under Section 310 or
Section 311 or where such application is made and disallowed, the
Court shall make an order confirming the sale, and thereupon the
sale shall become absolute.
(ii) Where such application is made and allowed, the Court shall
make an order setting aside the sale :
Provided that no order shall be made unless notice of the
application has been given to all persons affected thereby.
(iii) No suit to set aside an order made under this section shall be
brought by any person against whom such order is made.
313. (i) Where a sale of immovable property is set aside under
Section 312, the purchaser shall be entitled to an order for re-
payment of his purchase-money (with or without interest as the
Court may direct) against any person to whom it has been paid.
(ii) The re-payment of the said purchase-money and of the
interest (if any) allowed by the Court may be enforced against such
person under the provisions of this Chapter relating to the execution
of a decree for the payment of money.
314. Where a sale of immovable property has become absolute, the
Court shall grant a certificate stating the property sold and the name
of the person who at the time of sale is declared to be the purchaser.
Such certificate shall bear date the day on which the sale became
absolute ; and, so far as regard the parties to the suit and persons
claiming through or under them, the title to the property sold shall
vest in the purchaser from the date of such certificate and not before.
Provided that the decree under which the sale took place was still
subsisting at that date.
315. (i) No suit shall be maintained against the certified pur-
chaser on the ground that the purchase was made on behalf of
any other person, or on behalf of some one through whom such other
person claims.
(ii) Nothing in this section shall bar a suit to obtain a declaration
that the name of the certified purchaser was inserted in the certificate
fraudulently or without the consent of the real purchaser.
316. Where the immovable property sold is in the occupancy of
the judgment-debtor or of some person on his behalf, or of some
person claiming under a title created by the judgment-debtor
subsequently to the attachment of such property, and a certificate in
respect thereof has been granted under Section 314, the Court shall,
on the application of the purchaser, order delivery to be made by
putting the purchaser or any person whom he may appoint to receive
delivery on his behalf into possession of the property, and, if neces-
sary, by removing any person who refuses to vacate the same.
317. Where the immovable property sold is in the occupancy of
a tenant or other person entitled to occupy the same, and a certificate
in respect thereof has been granted under Section 314, the Court
CIVIL PROCEDURE CODE.
415
shall, on the application of the purchaser, order delivery thereof to be
made by affixing a copy of the certificate of sale in some conspicuous
place on the property, and proclaiming to the occupant by beat of
gong, or in such other mode as is customary, at some convenient
place, that the interest of the judgment-debtor has been transferred
to the purchaser.
RESISTANCE TO DELIVERY OF POSSESSION TO DECREE-HOLDER OR
PURCHASER.
318. (i) Where the holder of a decree for the possession of Resistance or
immovable property or the purchaser of any such property sold in obstruction to
execution oi a decree is resisted or obstructed by any person in Immovable
obtaining possession of the property, he may make an application to property-
the Court complaining of such resistance or obstruction.
(ii) The Court shall fix a day for investigating the matter and
shall summon the party against whom the application is made to
appear and answer the same.
319. Where the Court is satisfied that the resistance or obstruction Resistance or
was occasioned without any iust cause by the iudgment-debtor obstruction by
or by some other person at his instigation, it shall direct that the debtor.
applicant be put into possession of the property, and where the
applicant is still resisted or obstructed in obtaining possession, the
Court may also, at the instance of the applicant and without preju-
dice to any penalty to which such judgment-debtor or other person
may be liable under the Penal Code or any other law for such resist-
ance or obstruction, order that the judgment-debtor or such other
person be detained in the civil prison for a term which may extend to .
thirty days.
320. Where the Court is satisfied that the resistance or obstruction
was occasioned by any person, other than the judgment-debtor,
claiming in good faith to be in possession of the property on his own
account or on account of some person other than the judgment-
debtor, the Court shall make an order dismissing the application.
321. (i) Where any person other than the judgment-debtor is
dispossessed of immovable property by the holder of a decree for the
possession of such property or, where such property has been sold in
execution of a decree, by the purchaser thereof, he may make an
application to the Court complaining of such dispossession.
(ii) The Court shall fix a day for investigating the matter and
shall summon the person against whom the application is made to
appear and answer the same.
322. Where the Court is satisfied that the applicant was in Bond fide
possession of the property on his own account or on account of some ^estort'uo" ^^
person other than the judgment-debtor, it shall direct that the possession.
applicant be put into possession of the property.
323. Nothing in Section 320 or Section 322 shall apply to resist- Property trans-
ance or obstruction to the execution of a decree for the possession f j-^jed p^Hd^ire
of immovable property by a person to whom the judgment-debtor
has transferred the property after the institution of the suit in which
the decree was passed or to the dispossession of any such person.
Resistance or
obstruction by
bond fide
claimant.
Complaint by
person dispos-
sessed by
decree-holder
or purchaser.
416
No. 15 OF 1918.
Orders
conclusive,
subject to
regular suit.
324. Any person not being a judgment-debtor against whom an
order is made under Section 319, Section 320, or Section 322 may
institute a suit to establish the right which he claims to the present
possession of the property ; but, subject to the result of such suit, if
any, the order shall be conclusive.
Court mav
order arrest of
judgment-
debtor for
examination.
Summons
instead of
arrest.
Proceedings
on appearance.
EXAMINATION AND IMPRISONMENT OF JUDGMENT-DEBTORS.
325. (i) Where a decree for the payment of money remains wholly
or in part unsatisfied (whether execution has issued or not), the Court
may order that the judgment-debtor be arrested and brought before
the Court at such time as it may order for examination as hereinafter
provided, if it appears to the Court that there is reason to believe,
having regard to his conduct or the state of his affairs or otherwise,
(a) that he is lil^ely to leave the Federated Malay States or
anj^ of them with a view of avoiding payment of such
money, or of avoiding examination in respect of his affairs,
or of otherwise avoiding, delaying, or embarrassing the
decree-holder ; or
(6) that he has fraudulently made or suffered any grant of, or
removed or concealed, any property ; or
(c) that the debt or liability in question was contracted or
incurred by him by, or by reason of, fraud or false pretence ;
or
{d) that forbearance in respect thereof was obtained by fraud or
false pretence.
(ii) The judgment-debtor may at any time apply to the Court to
rescind the said order, and, upon such payment being made or
security furnished as the Court shall thinl^; reasonable, the judgment-
debtor shall be discharged out of custody unless the Court otherwise
directs.
326. Any decree-holder, instead of appl3dng for an order of arrest
under Section 325, may without any application to the Court
summon the judgment-debtor by a summons in the form contained
in the third schedule, No 152, to be orally examined before the Court
respecting his ability to pay or satisfy the claims of the decree-holder.
Provided that the issuing of such summons shall not prevent the
decree-holder from applying to the Court for an order of arrest under
Section 325.
327. (i) On the appearance of the judgment-debtor before the
Court in obedience to such summons or under such order of arrest
as aforesaid, he may be examined on oath by or on behalf of the
decree-holder and by the Court respecting his ability to pay the
money directed to be paid and for the discovery of property
applicable to such payment and as to the disposal which he may
have made of any property or otherwise as to any of the matters
mentioned in Section 328 (i).
(ii) The decree-holder may summon as witnesses any persons whom
he may consider likely to be able to afford information respecting the
judgment-debtor's ability to pay the money directed to be paid or
respecting his property.
CIVIL PROCEDUKE CODE. 417
(iii) The judgment-debtor shall be bound to produce all books,
papers, and documents in his possession or power relating to
property applicable to such payment.
(iv) Whether the judgment-debtor appears or not, the decree-
holder and other witnesses may be examined on oath respecting the
matters aforesaid, and the Court, if the judgment-debtor does not
appear, may order that he be arrested or may proceed to make an
order against him ex 'parte.
(v) The Court may adjourn the examination from time to time
and may require from the judgment-debtor such security for his
appearance at the adjourned hearing as it may think fit, and in
default of his finding security may order that he be detained in
custody until the adjourned hearing or if he is in custody may
discharge him therefrom.
(vi) The Court may, upon such investigation as aforesaid, make
any interim order for the protection of any property applicable or
available, or supposed to be applicable or available, in discharge of
the decree, as it shall think expedient.
(vii) At the close of the investigation the judgment-debtor, if still
in custody, shall be discharged therefrom, unless he be committed
to the civil prison as hereinafter provided.
328. (i) Upon such investigation the Court may by warrant Commitment
commit the judgment-debtor to the civil prison for a term not °p"-^°-
exceeding six months if the Court be the Supreme Court, and six
weeks if the Court be an inferior Court, or until payment of the
sum due, if it appears to the Court
(a) that he then has, or since the date of the decree has had,
sufficient means to pay the money directed to be paid by
him or part thereof and that he refuses or neglects, or
has refused or neglected, to pay the same according to
the decree ; or
(6) that, with intent to defraud his creditors or any of them,
he has made or suffered any gift, delivery, or transfer of
any property, or changed, removed, or concealed any
property ; or
(c) that the debt or liability in question was contracted or
incurred by him by, or by reason of, fraud or false pretence
or breach of trust committed by him ; or
(fZ) that forbearance thereof was obtained by fraud or false
pretence ; or
(e) that the debt or liability was wilfully contracted or incurred
by him \vithout his having had at the same time a reason-
able expectation of being able to pay or discharge it.
(ii) Upon such investigation the Court may order any debt to be
paid by instalments and may also order that upon default of
payment of any instalment the judgment-debtor shall be committed
to the civil prison for a term not exceeding six months if the Court
be the Supreme Court, and six weeks if the Court be an inferior
Court ; provided that no judgment-debtor shall be imprisoned
m— 27
418
No. 15 OF 1918.
Imprisonment
not to operate
as satisfaction.
Discharge from
custody on
satisfaction of
debt.
Certificate of
satisfaction.
Judicial Com-
missioners may
prescribe sub-
sistence scales
for judgmant-
debtors.
because of default of payment of any such instalment unless he
shall have been brought before the Court to shew cause why such
order of imprisonment should not be carried out.
329. No imprisonment under Section 328 shall operate as a
satisfaction or extinguishment of any debt or demand or cause of
action, or deprive any person of any right to take out execution
against the property of the person imprisoned in the same manner
as if such imprisonment had not taken place.
330. Any person imprisoned under Section 328 shall be discharged
from custody upon a certificate, signed by the decree-holder and
attested by the Registrar of the Court, a Magistrate, or a soUcitor,
that such person has fully paid the debt and costs in respect of
which he was imprisoned, or that the same have otherwise been
satisfied.
331. Every decree-holder upon his debt and costs being satisfied
by pajonent or otherwise shall, if the judgment-debtor is imprisoned,
forthwith lodge with the Superintendent of the prison in which he
is confined a certificate of satisfaction signed and attested as afore-
said ; in default whereof the judgment-debtor or any person on
his behalf may apply to the Court for an order for his discharge ;
and the Court, upon notice being given to the decree-holder and
on proof that the debt has been satisfied, shall order the discharge
of the judgment-debtor and may award any sum not exceeding
twenty-five dollars to be paid by the decree-holder to the judgment-
debtor as compensation for the default made by the decree-holder
by not lodging such certificate of satisfaction as aforesaid.
332. (i) The Judicial Commissioners, with the approval of the
Chief Secretary, may from time to time prescribe scales, graduated
according to rank, race, and nationahty, of monthly allowances
payable for the subsistence of judgment-debtors.
(ii) No judgment-debtor shall be arrested or detained in custody
under the provisions of Section 325 or Section 328 unless and until
the decree-holder pays into Court such sum as, having regard to
the scales so fixed, the Judge thinks sufficient for the subsistence
of the judgment-debtor from his arrest until he can be brought
before the Court or during the period of his detention, as the case
may be.
(iii) Where a judgment-debtor is committed to the civil prison
under' the provisions of Section 328, the Court shall fix for his
subsistence such monthly allowance as he may be entitled to
according to the said scales, or, where no such scales have been
prescribed, as it considers sufficient with reference to the class to
which he belongs.
(iv) The monthly allowance fixed by the Court shall be supplied
by the party on whose application the commitment has been made
by monthly payments in advance before the first day of each month.
(v) The first payment shall be made to the proper officer of the
Court for such portion of the current month as remains unexpired
before the judgment-debtor is received at the prison, and the
subsequent payments (if any) shall be made to the officer in charge
of the prison.
CIVIL PROCEDURE CODE. 419
(vi) Sums disbursed by the decree-holder for the subsistence of
the judgment- debtor in the civil prison shall be deemed to be costs
in the suit ;
Provided that the judgment-debtor shall not be detained in the
civil prison or arrested on account of any sum so disbursed.
Chapter XXIII.
INSOLVENT JUDGMENT-DEBTORS.
333. (i) Any judgment-debtor against whose property an order power to apply
of attachment has been made in execution of a decree for the pay- fo/.deciaration
,« ,. .. Till i-'of insolvency.
ment oi money may apply m writmg to be declared an msolvent.
(ii) Any holder of a decree for the pa3^ment of money may apply
in writing that the judgment- debtor may be declared an insolvent
(iii) Every such application shall be made to the Supreme Court.
334. (i) The application, when made by the judgment-debtor, contents of
shall set forth application.
(a) that an order for the attachment of his property has been
made and the Court by which the order of attachment
was made ;
(b) the amount, nature, and particulars of his property, and the
value of any such property not consisting of money ;
(c) the place or places in which such property is to be found ;
(d) his willingness to put it at the disposal of the Court ;
(e) the amount and particulars of all pecuniary claims against
him ; and
(/) the names and residences of his creditors, so far as they
are known to or can be ascertained by him.
(ii) The application, when made by the holder of a decree for the
payment of money, shall set forth the date of the decree, the Court
by which it was passed, the amount remaining due thereunder, and
the place where the judgment-debtor resides.
335. The application shall be signed and verified by the applicant signing and
in the manner hereinbefore prescribed for signing and verifying amplication °^
plaints.
336. (i) The Court shall fix a day for hearing the application service of copy
and shall cause a copy thereof, with a notice in writing of the time an^^jfotfc^*'*"*
and place at which it will be heard, to be posted in Court and served
at the applicant's expense.
(a) where the applicant is the judgment-debtor — on the holder
of the decree in execution of which the order of attachment
was made, or on the solicitor of such decree-holder, and
on the other creditors (if any) mentioned in the application ;
(b) where the applicant is the decree-holder— on the judgment-
debtor or his solicitor.
(ii) The Court may, if it thinks fit, publish notice of the applica-
tion at the applicant's expense in the Gazette and in such local
newspapers as it thinks fit.
420
No. 15 OF 1918.
(iii) Where the- applicant is the judgment-debtor, the Court may
exempt him from any payments under this section other than
payments under sub-section (ii) if satisfied that he is unable to
make them.
Power to serve
other creditors.
Procedure at
bearing.
Declaration of
insolvency and
appointment of
receiver.
Creditors to
prove their
debts. Schedule
to be framed.
337. The Court may also, if it thinks fit, cause a like copy and
notice to be served on any other person alleging himself to be a
creditor of the applicant and applying for leave to be heard on the
application.
338. (i) On the day so fixed, or on any subsequent day to which
the Court may adjourn the hearing, the Court shall examine the
judgment-debtor, in the presence of the persons on whom such notice
has been served or their solicitors, as to the causes of his insolvency
and his circumstances and future means of payment, and shall hear
the decree-holder, the other creditors mentioned in the application,
and the other persons (if any) alleging themselves to be creditors ;
and the Court may allow such witnesses to be examined as it may
consider necessary,
(ii) Where a decree-holder applies for a declaration of insolvency
against a judgment-debtor and such declaration is granted by the
Court, the examination of the judgment-debtor shall be adjourned
until after the filing of the statement prescribed by Section 343, or
he may be re-examined after filing such statement.
339. (i) Where the Court is satisfied that the statements in the
application are substantially true, the Court may declare the
judgment-debtor to be an insolvent and shall in such case niake
an order appointing a receiver of his property.
(ii) Where the Court is not so satisfied, it shall make an order
rejecting the application.
340. (i) The creditors mentioned in the application, and the
other persons (if any) alleging themselves to be creditors of the
insolvent, shall then produce evidence of the amount and particulars
of their respective pecuniary claims against him ; and the Court
shall by order determine the persons who have proved themselves
to be the insolvent's creditors, and their respective debts, and shall
frame a schedule of such persons and debts, a copy of which shall
be posted in the Court-house ; and the declaration under the last
preceding section, hereinafter called " the declaration of insolvency,"
shall be deemed to be a decree in favour of each of the said creditors
for their said respective debts.
(ii) No creditor of the insolvent shall have any remedy against
the property of the insolvent except under this Chapter, but nothing
in this Chapter shall affect the power of any secured creditor to
realize his security.
(iii) Nothing in this Chapter shall entitle a partner in an insolvent
firm or, where he has died before the insolvency, his legal repre-
sentative to prove in competition with the creditors of the firm.
(iv) Any creditor of the insolvent who is not mentioned in such
schedule may api:)ly to the Court for permission to produce evidence
of the amount and particulars of his pecuniary claims against the
insolvent and, in case the apj)licant proves himself to be a creditor
CIVIL PROCEDURE CODE.
421
of the insolvent, for an order directing his name to be inserted in
the schedule as a creditor for the debt so proved.
(v) Any creditor mentioned in the schedule may apply to the
Court for an order altering the schedule so far as regards the amount,
nature, or particulars of his own debt, or to strike out the name of
another creditor, or to alter the schedule so far as regards the
amount, nature, or particulars of the debt of another creditor.
(vi) In the case of any application under sub-section (iv) or sub-
section (v), the Court, after causing such notices as it thinks fit
to be served, at the applicant's expense, on the insolvent and the
other creditors and hearing their objections, if any, may comply
with or reject the application.
Effect of order
appointing
receiver.
341. If in any case where a judgment-debtor has been declared stay of
to be an insolvent under this Chapter it appears to the Court, upon w^e're^mafority
an application by the receiver (if any) or by any creditor or other °^^^^'^'}^°^?
person interested, that a majority of the creditors in number and coiony.
value are resident in the Colony and that from the situation of the
property of the insolvent or for other causes his property ought to
be distributed among the creditors under the bankruptcy laws of
the Colony, the Court after such enquiry as to it seems fit may stay
all proceedings under this Chapter and may rescind the order (if
any) appointing a receiver upon such terms (if any) as it thinks fit.
342. (i) Every order under this Chapter appointing a receiver
shall be published in the Gazette, and every such order shall operate
to vest in the receiver all the insolvent's property (except the
particulars specified in the first proviso to Section 265), whether set
forth in his application or not ; provided that, where the insolvent's
property comprises land subject to any law requiring registration
of title to land or of any interest in land, such order shall not vest
such land in the receiver until the Registrar of Titles or the Collector,
as the case may be, of the registration district within which such
land is situate shall have been served with a coj^y of such order
and shall have entered in the Register relating to such land a
memorandum of the order made. Every declaration of insolvencj^
shall also be published in the Gazette.
(ii) The receiver so aj^pointed shall give such security as the
Court may direct and shall possess himself of all such property,
except as aforesaid.
343. (i) Where a judgment-debtor is declared insolvent on the where judg-
application of a decree-holder, the insolvent shall, within fourteen ^eciare**""^ '^
days after the declaration of insolvency is made, file in Court a insolvent on
.„,, ., Mill /i.\ application of
statement settmg forth the particulars prescribed by clauses (o), decree-bolder.
(c), (e), and (/) of Section 334.
(ii) Such statement shall be signed and verified by the
insolvent in the manner hereinbefore prescribed for signing and
verifying plaints.
(iii) Where the Court, when it makes the declaration of insolvency,
is satisfied by evidence on oath that there is reasonable ground for
suspecting that the insolvent is about to abscond, the Court may
order that the insolvent be arrested and detained in the civil prison
receiver.
422 No. 15 OF 1918.
until he has filed the statement prescribed by this section or until
the expiration of six months from his arrest, whichever shall first
happen.
(iv) Where the insolvent not having been arrested under sub-
section (iii), neglects or refuses to file the statement within the
period prescribed by sub-section (i), the Court may order him to be
arrested and detained in the civil prison until he has filed such
statement or until the expiration of six months from his arrest,
whichever shall first happen.
Duty of 344. (i) The receiver shall proceed under the direction of the
Court
(a) to convert into money the insolvent's property vested in the
receiver as aforesaid ;
(6) to pay thereout debts, fines, and penalties (if any) due by
the insolvent to the Government ;
(c) to pay the decree-holder's costs, where the declaration of
insolvency has been made on the application of a decree-
holder ;
(d) to discharge, according to their respective priorities, all
debts secured by mortgage of, or charge or lien on, the
insolvent's property ;
(e) to pay the wages of labourers (if any) in accordance with the
provisions of Chapter XI of " The Labour Code, 1912 " ;
(/) to pay all wages or salary of every clerk, servant, labourer,
or workman, other than labourers referred to in clause
(e), not exceeding two hundred dollars, in respect of
services rendered to the insolvent during three months
before the date of the declaration of insolvency ;
(</) to distribute the balance among the scheduled creditors
rateably according to the amounts of their respective
debts and without any preference.
(ii) Such receiver, not being a salaried officer of the Government
other than an official receiver, may retain as a remuneration for the
performance of his duties a commission, to be fixed by the Court,
not exceeding the rate of five per centum upon the amount of the
balance so distributed (the amount of the commission so retained
being deemed a distribution), and shall, subject to the provisions
of this Chapter, deliver the surplus, if any, to the insolvent or his
legal representative.
(iii) In any distribution among creditors under this section the
receiver shall make provision for debts ajipearing from the state-
ments of the insolvent or otherwise to be due to persons resident in
places so distant from the place where the receiver is acting that
in the ordinary course of communication they have not had sufficient
time to produce evidence of the amount and particulars of their
pecuniary claims against the insolvent or to establish them if disputed
and also for debts the subject of claims yet not determined. He
shall also make provision for any disputed claims and for the
expenses necessary for the administration of the estate or otherwise.
CIVIL PROCEDURE CODE. 423
345. An insolvent discharged under Section 346, or duly Effect of
liquidating his debts under Section 349, shall not be arrested or '^'^'^'i^rge.
imprisoned on account of any of the scheduled debts ; but, subject
to the provisions of the next following section, the property of an
insolvent, whether previously or subsequently acquired (except the
particulars specified in the first proviso to Section 265 and except
the property vested in the receiver), shall, by order of the Court,
be liable to attachment and sale until the debts due to the scheduled
creditors are satisfied in full or until the expiry of twelve years
from the date of the declaration of insolvency.
346. In the event of the receiver certifying, or of the Court being Declaration
otherwise satisfied, that the insolvent has placed the receiver in f^dLcharged*
possession of all the insolvent's property which has become vested from liability.
in the receiver or that the insolvent has done everything in his
power for that purpose, then, if the aggregate amount of the
scheduled debts does not exceed one hundred dollars the Court
may, and in any case after the scheduled debts have been satisfied
to the extent of one-third or after the expiry of twelve years from
the declaration of insolvency the Court shall, declare the insolvent
to be discharged from further liability in respect of such debts.
347. (i) Where at the examination under Section 338 it is proved Procedure in
that the judgment-debtor has dewor. ^^ °^^^
(a) been guilty, in his application or on his examination, of
any concealment or of wilfully making any false statement
as to the debts due by him or respecting the property
belonging to him, whether in possession or in expectancy,
or held in trust for him, or
(b) fraudulently concealed, transferred, or removed any property,
the Court may sentence him by order in writing in a
summary manner to imprisonment of either description
for a term which may extend to three months.
(ii) Instead of sentencing the judgment-debtor as aforesaid the
Court may order the Public Prosecutor to prosecute him for com-
mitting any offence referred to in this section, to be specified in
such order, and the judgment-debtor if convicted shall be liable to
imprisonment of either description for a term which may extend
to one year.
DISCOVERY OF INSOLVENT'S PBOPERTY.
348. (i) The Court may, on the application of the receiver or of court may
a creditor, at any time after a declaration of insolvency has been ,S^enV3*°
made against a judgment-debtor summon before it the insolvent or property.
his wife, or any person known or suspected to have in his possession
any property belonging to the insolvent, or supposed to be indebted
to the insolvent, or any person whom the Court may deem capable
of giving information respecting the insolvent, his dealings or
property, and the Court may require any such person to produce
any documents in his custody or power relating to the insolvent,
his dealings or property.
424
No. 15 OF 1918.
(ii) Where any person so summoned, after having been tendered
a reasonable sum for his expenses, refuses, without lawful
impediment made known to the Court at the time of its sitting
and allowed by it, to come before the Court at the time appointed,
or to produce any such document, the Court may, by warrant,
cause him to be arrested and brought before it for examination.
(iii) The Court may examine on oath any person attending or
brought before it under this section concerning the insolvent, his
dealings or property.
(iv) Where any person on examination before the Court admits
that he is indebted to the insolvent, the Court may, on the applica-
tion of the receiver of a creditor, order him to pay to the receiver
at such time and in such manner as to the Court seems expedient
the amount admitted 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) Where any person on examination before the Court admits
that he has in his possession any property belonging to the insolvent,
the Court may, on the application of the receiver or of a creditor,
order him to deliver to the receiver such property or any part
thereof at such time and in such manner and on such terms as to
the Court may seem just.
Composition or
scheme in
satisfaction of
debts of an
insolvent.
COMPOSITION OR SCHEME OF AERANCxEMENT.
349. (i) The scheduled creditors of a judgment-debtor who has
been declared insolvent may resolve to entertain a proposal for a
composition in satisfaction of the debts due to them by the insolvent
or a proposal for a scheme of arrangement of the insolvent's affairs.
(ii) The composition or scheme shall not be binding on the
creditors unless it is accepted by a majority in number,
representing three-fourths in value, of the scheduled creditors and
is approved by the Court.
(iii) The insolvent or any scheduled creditor may apply to the
Court to approve the composition or scheme, and any scheduled
creditor may be heard either for or against such application.
(iv) Such application shall not be heard untU the Court is satisfied
(a) that the insolvent has been thoroughly examined before the
Court as to the causes of his insolvency, his circumstances
and his future means of payment ; and
(6) that notice, by advertisement or otherwise, has been given
to every creditor of the insolvent in sufficient time to
enable such creditor to apply to the Court, if he should
so desire, for an order directing his name to be inserted
in the schedule.
(v) Notice of the time ajipointed for hearing the application
shall be sent by the Court to each of the scheduled creditors.
(vi) Where 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, the Court shall, and in any
CIVIL PROCEDURE CODE. 425
other case the Court may at its discretion, refuse to approve the
composition or scheme.
(vii) Where 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 terms being embodied in an order of the Court.
(viii) A composition or scheme accepted and approved in pur-
suance of this section shall be binding on all creditors of the insolvent
so far as relates to any debts due to them by the insolvent which
have been or might have been scheduled.
(ix) A certificate of the Court that a composition or scheme has
been duly accepted and approved shall, in the absence of fraud, be
conclusive as to its validity.
(x) The provisions of a composition or scheme under this section
may be enforced by the Court on application by any person
interested, and any disobedience of an order of the Court made
on the application shall be deemed a contempt of Court.
(xi) 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 by law to be so j)aid in the distribution of the
property of an insolvent.
(xii) No costs incurred by a debtor of, or incidental to, an
application to ajDprove a composition or scheme shall be allowed
out of the estate if the Court refuses to approve the composition or
scheme.
(xiii) At the time of approving a composition or scheme the
Court may correct or supply any accidental or formal slip, error,
or omission therein, but no alteration in the substance of the
composition or scheme shall be made.
(xiv) When a composition or scheme is approved, the receiver
(if any) shall forthwith put the debtor (or, as the case may be, the
trustee under the composition or scheme) into possession of the
debtor's property. The Court shall also rescind the declaration
of insolvency and the order (if any) appointing a receiver.
(xv) In every case of a composition in which a trustee is not
appointed to distribute such composition, the Court may require a
trustee to be appointed and may refuse to approve the composition
unless and until this is done.
(xvi) Where under a composition or scheme of arrangement a
trustee is appointed to distribute a composition or to administer
the debtor's affairs or to manage his business, such trustee shall,
unless expressly exempted therefrom by order of the Court, give
security to the satisfaction of the Court for the due performance of
his trust. The Court may refuse to approve the composition or
scheme unless such security is given.
(xvii) Where default is made in payment of any instalment due
in pursuance of a composition or scheme, or where it appears to
the Court on satisfactory evidence that the composition or scheme
cannot in consequence of legal difficulties or for any sufficient cause
426
No. 15 OF 1918.
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 again
declare the debtor insolvent 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 composition or scheme. Where a debtor is declared insolvent
under this sub-section, any debt valid in other respects which has
been contracted before the date of the declaration of insolvency
may be entered by the Court in the schedule.
Action in aid of
Courts of the
Colony.
BANKRUPTCY MATTERS EN THE COLONY.
350. The Court and the officers thereof shall in all matters of
insolvency and bankruptcy act in aid of and be auxiliary to the
Courts of the Colony having jurisdiction in bankruptcy ; and an
order of any such Court of the Colony seeking aid with a request
to the Court shall be deemed sufficient to enable the Court to
exercise in respect of the matters directed by the order such juris-
diction as either the Court of the Colony which made the request
or the Court could exercise in respect of similar matters within their
several jurisdictions.
PART II.
INCIDENTAL PROCEEDINGS.
No abatement
by party's
death, if right
to sue survives.
Death of one
of several
plaintiffs or
defendants,
where rifrbt to
sue survives.
Death of one
of several
plaintiffs,
where right to
sue does not
survive to
surviving
plaintiffs alone.
Chapter XXIV.
DEATH, MARRIAGE, AND INSOLVENCY OF PARTIES.
351. The death of a plaintiff or defendant shall not cause the
suit to abate if the right to sue survives.
Illustrations.
(a) A covenants with B and C to pay an annuity to B during C's life.
B and C sue A to compel payment. B dies before decree. The right to sue
survives to 0, and the suit does not abate.
(b) In the same case all the parties die before decree. The right to sue
survives to the representative of the survivor of B and C, and he may continue
the suit against A's representative.
(c) A sues B for libel. A dies. The right to sue does not survive, and the
suit abates.
352. Where there are more plaintiffs or defendants than one
and any of them dies, and the right to sue survives to the surviving
plaintiff or plaintiffs alone or against the surviving defendant or
defendants alone, the Court shall cause an entry to that effect to
be made on the record, and the suit shall proceed at the instance
of the surviving plaintiff or plaintiffs or against the surviving
defendant or defendants.
353. Where there are more plaintiffs than one and any of them
dies, and the right to sue does not survive to the surviving plaintiff
or plaintiffs alone but survives to him or them and the legal
representative of the deceased plaintiff jointly, the Court may cause
the legal representative, if any, of the deceased plaintiff to be made
CIVIL PROCEDURE CODE. 427
a party and shall thereupon cause an entry to that effect to be
made on the record and proceed mth the suit.
354. Where a sole plaintiff or sole surviving plaintiff dies, the Death of sole,
legal representative of the deceased may, Avhere the right to sue surviving,
survives, apply to the Court to have his name entered on the record piaintia.
in place of the deceased plaintiff, aild the Court shall thereupon
enter his name and proceed with the suit.
355. Where within six months after the death of a sole plaintiff where no
or sole surviving plaintiff no such application is made to the Court rei?resentative
by any person claiming to be the legal representative of the deceased "[^^tf^^®^
plamtiff, the Court may
(a) make an order that the suit shall abate and, on the applica-
tion of the defendant, award to the defendant the costs
which he may have incurred in defending the suit, to be
recovered from the estate of the deceased plaintiff, or
(b) on the application of the defendant, and upon such terms
as to costs or otherwise as the Court thinlcs fit, make such
other prder as it thinks fit for bringing in the legal repre-
sentative of the deceased plaintiff, or for proceeding
with the suit in order to a final determination of the
matter in dispute, or for both those purposes,
356. Where a question arises as to who is the legal representative Question as
of a deceased plaintiff, the Court may either stay the suit until the repTesentative
fact has been determined in another suit or decide at or before the "Ij^^^^®®*^
hearing of the suit who shall be deemed to be such legal repre-
sentative for the purpose of prosecuting the suit.
357. (i) Where there are more defendants than one and any of Death of one
them die before decree and the right to sue does not survive against defendants or
the surviving defendant or defendants alone, and also where a sole surd^'ng,^°'^
defendant or sole surviving defendant dies and the right to sue defendant.
survives, the plaintiff may make an application to the Court speci-
fying the name, description, and place of abode of any person whom
he alleges to be the legal representative of the deceased defendant
and whom he desires to be made the defendant in his stead.
(ii) The Court shall thereupon enter the name of such representa-
tive on the record in the place of such defendant and shall issue a
summons to such representative to appear on a day to be therein
mentioned to defend the suit ; and the case shall thereupon proceed
in the same manner as if such representative had originally been
made a defendant and had been a party to the former proceedings
in the suit.
(iii) Any person so made defendant may object that he is not the
legal representative of the deceased defendant or may make any
defence appropriate to his character as such representative.
(iv) Where the plaintiff fails to make such application within six
months after the death of the defendant in question, the suit shall
abate, unless he satisfies the Court that he had sufficient cause for
not making the application within such period.
428
No. 15 OF 1918.
Suit not abated
by marriage of
female party.
When plaintifE's
insolvency bars
suit.
Effect of
abatement or
dismissal.
Interests
created or
passing
■pendente lite.
(v) The legal representative of a deceased defendant may apply to
be made a defendant in place of the deceased defendant, and the
provisions of this section, so far as they are applicable, shall apply
to the application and to the proceedings and consequences ensuing
thereon.
358. (i) The marriage of a female plaintiff or defendant shall not
cause the suit to abate, but the suit may notwithstanding be
proceeded \\dth to judgment, and, where the decree is against a
female defendant, it may be executed against her alone.
(ii) Where the husband is by law liable for the debts of his wife,
the decree may, Avith the permission of the Court, be executed
against the husband also ; and, in case of judgment for the wdfe,
execution of the decree may with such permission be issued upon
the application of the husband, where the husband is by law entitled
to the subject-matter of the decree.
359. (i) The insolvency of a plaintiff in any suit which the
receiver appointed under the last preceding Chapter might maintain
.for the benefit of his creditors shall not bar the suit, unless such
receiver declines to continue the suit or to give security for the costs
thereof within such time as the Court may order.
(ii) Where the receiver neglects or refuses to contmue the suit or
to give such security mthin the time so ordered, the defendant may
apply for the dismissal of the suit on the ground of the plaintiff's
insolvency, and the Court may make an order dismissing the suit and
awarding to the defendant the costs which he has incurred in
defending the same, to be proved as a debt against the plaintiff's
estate.
360. (i) Where a suit abates or is dismissed under this Chapter,
no fresh suit shall be brought on the same cause of action.
(ii) The plaintiff or the person claiming to be the legal representa-
tive of a deceased plaintiff or the receiver in the case of an insolvent
plaintiff may apply for an order to set aside the abatement or dis-
missal ; and, if it is proved that he was prevented by any sufficient
cause from continuing the suit, the Court shall set aside the abate-
ment or dismissal upon such terms as to costs or otherwise as it
thinks fit.
361. In other cases of assignment, creation, or devolution of any
interest during the pendency of a suit, the suit may, with the leave of
the Court, given either with the consent of all parties or after
service of notice in writing upon them and hearing their objections,
if any, be continued by or against the person to or upon whom such
interest has come or devolved either in addition to or in substitution
for the person from whom it has passed, as the case may require.
Chapter XXV.
WITHDRAWAL AND ADJUSTMENT OF SUITS.
362. (i) At any time after the institution of a suit the plaintiff
may, as against all or any of the defendants, withdraw his suit or
of part of claim, abandon part of his claim.
Withdrawal of
suit or
abandonment
CIVIL PKOCEDURE CODE. 429
(ii) Where the Court is satisfied
(a) that a suit must fail by reason of some formal defect, or
(b) that there are other sufficient grounds for allomng the
plaintiff to institute a fresh suit for the subject-matter
of a suit or part of a claim,
it may, on such terms as it thinks fit, grant to the plaintiff permission
to withdraw from such suit or abandon such part of a claim with
liberty to institute a fresh suit in respect of the subject-matter of
such suit or such part of a claim.
(iii) Where the plaintiff withdraws from a suit, or abandons part
of a claim, without the permission referred to in sub-section (ii), he
shall be liable for such costs as the Court may award and shall be
precluded from instituting a fresh suit in respect of such subject-
matter or such part of the claim.
(iv) Nothing in this section shall be deemed to authorize the Court
to permit one of several plaintiffs to withdraw without the consent of
the others.
363. In any fresh suit instituted on permission granted under the Limitation law
last preceding section the plaintiff shall be bound by the law of fi°sVsuit ^^"^ ""-^
limitation in the same manner as if the first suit had not been
instituted.
364. Where it is proved to the satisfaction of the Court that a suit Compromise of
has been adjusted wholly or in part by any lawful agreement or ^"'*'
compromise, or where the defendant satisfies the plaintiff in respect
of the whole or any part of the subject-matter of the suit, the
Court shall order such agreement, compromise, or satisfaction to be
recorded and shall pass a decree in accordance therewith so far as it
relates to the suit, and such decree shall be final, so far as relates to
so much of the subject-matter of the suit as is dealt with by the
agreement, compromise, or satisfaction.
Chapter XXVI.
PAYMENT INTO COURT.
365. The defendant in any suit to recover a debt or damages may, Deposit by
at any stage of the suit, deposit in Court such sum of money as he amountln"^
considers a satisfaction in full of the claim. satisfaction of
claim.
366. Notice in \^Titing of the deposit shall be given by the de- Notice of
fendant to the plaintiff, and the amount of the deposit shall (unless '^^p"^"-
the Court otherwise directs) be paid to the plaintiff on his application.
367. No interest shall be allowed to the plaintiff on any sum interest on
deposited by the defendant from the date of the receipt of such afC^d'to"
notice, whether the sum deposited is in full of the claim or falls short pJai"*^^ '^^*^'^''
.1 J. •*• notice.
thereof.
368. (i) Where the plaintiff accepts such amount as satisfaction where piaintia
in part only of his claim, he shall give notice in writing to the arsTtilfacfion*
defendant to that effect and may prosecute his suit for the balance ; f^jj'^'"* ""^ '"
and, if the Court decides that the deposit by the defendant was a full
satisfaction of the plaintiff's claim, the plaintiff shall pay the costs of
430
No. 15 OF 1918.
the suit incurred after the deposit and the costs incurred previous
thereto, so far as they were caused by excess in the plaintiff's claim.
(ii) Where the plaintiff accepts such amount as satisfaction in full
of his claim, he shall present to the Court a statement to that effect,
and such statement shall be filed and the Court shall pass judgment
accordingly, and, in directing by whom the costs of each party are to
be paid, the Court shall consider which of the parties is most to blame
for the litigation.
Illustrations.
(a) A owes B $100. B sues A for the amoiint, having made no demand for
payment and having no reason to believe that the delay caused by making a
demand would place him at a disadvantage. On the plaint being filed, A pays
the money into Court. B accepts it in full satisfaction of his claim, but the
Court should not allow him any costs, the litigation being presumably
groiindless on his part.
(6) B sues A under the circumstances mentioned in illustration (a). On
the plaint being filed A disputes the claim. Afterwards A pays the money
into Court. B accepts it in fiill satisfaction of his claim. The Court should
also give B his costs of suit, A's conduct having shewn that the litigation was
necessary.
(c) A owes B $100 and is willing to pay him that sum without suit. B
claims $150 and sues A for that amoiint. On the plaint being filed A pays
$100 into Court and disputes only his liability to pay the remaining $.'50.
B accepts the $100 in full satisfaction of his claim. The Court should order
him to pay A's costs.
Chapter XXVII.
SECURITY FOR COSTS.
Where security
for costs may be
required from
plaintiff.
Effect of failure
to furnish
security .
369. (i) Where, at the institution or at any subsequent stage of a
suit, it appears to the Court that a sole plaintiff is, or (when there are
more plaintiffs than one) that all the plaintiffs are, residing out of the
Federated Malay States and that such plaintiff does not, or that no
one of such plaintiffs does, possess any sufficient immovable property
within the Federated Malay States other than the property in suit,
the Court may, either of its o^vn motion or on the application of any
defendant, order the plaintiff or plaintiffs to give security, within
a time to be fixed by the order, for the payment of all costs incurred
and likely to be incurred by any defendant.
(ii) Whoever leaves the Federated Malay States under such
circumstances as to afford reasonable probability that he will not
be forthcoming whenever he may be called upon to pay costs shall be
deemed to be residing out of the Federated Malay States within the
meaning of sub-section (i).
(iii) On the application of any defendant in a suit for money in
w hich the plamtiff is a woman the Court may at any stage of the suit
make a like order if it is satisfied that such plaintiff does not possess
any sufficient immovable property within the Federated Malay
States other than the property in suit.
370. (i) In the event of such security not being furnished within
the time fixed the Court shall make an order dismissing the suit,
unless the plaintiff or plaintiffs are permitted to withdraw therefrom
CIVIL PROCEDURE CODE. 431
under the provisions of Section 362 or shew good cause why such
time should be extended, in which case the Court may extend it.
(ii) Where a suit is dismissed under this section, the plaintiff shall
be precluded from bringing a fresh suit in respect of the same cause
of action, but he may apply for an order to set the dismissal aside,
and, if it is proved to the satisfaction of the Court that he was
prevented by any sufficient cause from furnishing the security within
the time fixed, the Court shall set aside the dismissal upon such terms
as to security, costs, or other^vdse as it thinks fit and shall appoint a
day for proceeding with the suit.
(iii) The dismissal shall not be set aside unless notice in writing
of such application has been served on the defendant.
Chapter XXVIII.
COMMISSIONS AND LETTERS OF REQUEST.
COMMISSIONS TO EXAMINE WITNESSES.
371. Any Court may in any suit issue a commission for the where Court
examination, on interrogatories or otherwise, of any person resident SSionlo*^™
mthin the local limits of its jurisdiction who is exempted under this examine
Code from attendmg the Court, or who is from sickness or infirmity the jurisdiction.
unable to attend the Court, or who lives at such a distance from the
Court that in the opinion of the Court it is unreasonable to compel
him to attend the Court.
372. An order for the issue of a commission for the examination Orderfor
of a witness may be made by the Court either of its own motion or on °°°^™'^^'°'^'
the application, supported by affidavit or otherwise, of any party to
the suit or of the witness to be examined.
373. A commission for the examination of a person who resides ^tsri'^n"* a°™
within the local limits of the jursdiction of the Court issumg the issue.
same may be issued to any person whom the Court thinks fit to
execute the same.
374. (i) Any Court may in any suit issue a commission for the Commission to
examination of SntTyTd
(a) any person resident beyond the local limits of its jurisdiction ; ilfave^the"
(6) any person who is about to leave such limits before the date
on which he is required to be examined in Court.
(ii) Such commission may be issued to any person willing to act
whom the Court thinks fit to execute the same.
375. Where any Court to which application is made for the issue Commission to
of a commission for the examination of a person residing at any place witness not
not within the Federated Malay States, or at any place within the p^'l^"^?'^
Federated Malay States but at such a distance from the Court that in iiaiay states
the opinion of the Court it is unreasonable to compel him to attend reasonabie^"^
the Court, is satisfied that his evidence is necessary, the Court may distance.
issue such commission.
376. Every Court in the Federated Malay States receiving a Court to
commission for the examination of any person shall examine him wltneS*^
pursuant thereto. pursuant to
^ commission.
432
No. 15 OF 1918.
Return of
commission
with depositions
of witnesses.
When deposi-
tions may
be read in
evidence.
Provisions to
apply to com-
missions issued
by foreign
Courts.
377. Where a commission has been duly executed, it shall be
returned, together with the evidence taken under it, to the Court out
of which it issued, unless the order for issuing the commission has
otherwise directed, in which case the commission shall be returned in
terms of such order ; and the commission and the return thereto,
and the evidence taken under it, shall (subject to the provisions of the
next following section) form part of the record of the suit.
378. Evidence taken under a commission shall not be read as
evidence in the suit without the consent of the party against whom
the same is offered, unless
(a) the person who gave the evidence is beyond the jurisdiction
of the Court, or dead, or unable from sickness or infirmity
to attend to be personally examined, or exempted from
personal appearance in Court ; or
(b) the Court in its discretion dispenses with the proof of any
of the circumstances mentioned in clause {a) and authorizes
the evidence of any person being read as evidence in the
suit, notwithstanding proof that the cause for taking such
evidence by commission has ceased at the time of reading
the same.
379. The provisions hereinbefore contained as to the execution
and return of commissions shall apply to commissions issued by —
{a) Courts situate in the United Kingdom or in any British
Colony or possession or in any State under the protection
of His Britannic Majesty ;
(b) Courts of any foreign country for the time being in alliance
with His Britannic Majesty.
Letters of
request.
LETTERS OF REQUEST TO EXAMINE WITNESSES.
380. If in any case the Supreme Court or a Judicial Commissioner
shall so order, there shall be issued a request to examine witnesses,
in lieu of a commission, where the witnesses to be examined are
resident elsewhere than in the Federated Malay States. Such
order and request shall be in the forms in the third schedule, with
such variations as circumstances may require ; and every such
request shall be accompanied by a list of questions to be put to
the witnesses and by a translation of the request and of the said
questions into the language of the country in which the witnesses
are to be examined, unless the English language bo the language
of such country.
Commission to
make local
investigation.
COMMISSIONS FOR LOCAL INVESTIGATIONS.
381. In any suit or proceeding in which the Court deems a local
investigation to be requisite or proper for the purpose of elucidating
any matter in dispute, or of ascertaining the market- value of any
property or the amount of any mesne profits or damages or annual
net profits, and the same cannot be conveniently conducted by the
Judge in person, the Court may issue a commission to such person as
it thinks fit, provided that such person be willing to act, directing him
to make such investigation and to report thereon to the Court :
Commissioner.
CIVIL PROCEDURE CODE. 433
Provided that, when the Resident of a State has made and
published in the Gazette rules as to the persons to whom such
commissions shall be issued in such State, the Court shall be bound
by such rules.
382. (i) The Commissioner, after such local inspection as he Procedure of
deems necessary and after reducing to writing the evidence taken c°™™'^^'°"®'"-
by him, shall return such evidence, together with his report in
writing signed by him, to the Court.
(ii) The report of the Commissioner and the evidence taken by
him (but not the evidence without the report) shall be evidence
in the suit and shall form part of the record ; but the Court, or,
with the permission of the Court, any of the parties to the suit,
may examine the Commissioner personally in open Court as to any
of the matters referred to him or mentioned in his report, or as to his
report, or as to the manner in which he has made the investigation.
COMMISSIONS TO EXAMINE ACCOUNTS.
383. In any suit in which an examination or adjustment of commission to
accounts is necessary the Court may issue a commission to such adj'usraccounts.
person as it thinks fit directing him to make such examination or
adjustment.
384. (i) The Court shall furnish the Commissioner with such part Court to give
of the proceedings and such instructions as appear necessary ; and rnstafcUous to
the instructions shall distinctly specify whether the Commissioner is
merely to transmit the proceedings which he may hold on the enquiry
or is also to report his own opinion on the pomt referred for his
examination.
(ii) The proceedings and report, if any, of the Commissioner shall
be evidence in the suit ; but where the Court has reason to be
dissatisfied with them, it may direct such further enquiry as it shall
think fit.
COMMISSIONS TO MAKE PARTITION ; SALE IN LIEU OF PARTITION.
385. (i) In any suit in v/hich the partition of immovable property Commission to
appears to the Court to be necessar}^, the Court, after ascertaining S'^immovabie"
the several parties interested in such property and their several P'^°P'^'^*^y-
rights therein, may issue a commission to such persons as it thinks
fit to make a partition according to such rights.
(ii) The Commissioners shall, after such enquiry as may be
necessary, divide the same into as many shares as may be directed
by the order under which the commission was issued, and shall allot
such shares to the parties, and may, if authorized thereto by the
said order, award sums to be paid for the purpose of equalizing
the value of the shares.
(iii) The Commissioners shall then prepare and sign a report, or
(if they cannot agree) separate reports, appointing the share of each
party and distinguishing each share (if so directed by the said order)
by metes and bounds. Such report or reports shall be annexed to
the commission and transmitted to the Court ; and the Court, after
III— 28
434
No. 15 OF 1918.
Power to order
sale in lieu of
partition.
Expenses of
commission or
letter of request
to be paid into
Court.
Powers of
Commissioners.
Summonini?,
attendance, and
examination of
witnesses before
Commissioner.
hearing any objections which the parties may make to the report or
reports, shall confirm, vary, or set aside the same.
(iv) Where the Court confirms or varies the report or reports,
it shall pass a decree in accordance with the same as confirmed or
varied ; but where the Court sets aside the report or reports, it shall
either issue a new commission or make such other order as it shall
think fit.
(v) Upon any partition the Court shall make such order as may
be just respecting any revenue payable to the Government in respect
of the immovable property.
386. (i) Instead of issuing a commission under Section 385, if it
appears to the Court that a sale of the property and a distribution of
the proceeds would be more beneficial for the parties interested than
a partition of the property between or among them, the Court may,
if it thinks fit, on the request of any of the parties interested and
notwithstanding the dissent or disability of any others of them,
direct a sale of the property accordingly and may give all necessary
or proper consequential directions.
(ii) On any such sale the Court may, if it thinks fit, allow any of
the parties mterested in the property to bid at the sale on such terms
as to non-payment of deposit, or as to setting off or accountmg for
the purchase money or any part thereof instead of paying the same,
or as to any other matters, as to the Court seem reasonable.
(iii) A request for sale under sub-section (i) may be made on the
part of a minor, a person of unsound mind, or a person under any
other disability by the next friend, guardian, committee in lunacy,
or other person authorized to act on behalf of the person under such
disability.
GENERAL PROVISIONS.
387. Before issuing any commission or letter of request under
this Chapter the Court may order such sum (if any) as it thinks
reasonable for the expenses of the commission or in connection mth
the letter of request to be, -wdthin a time to be fixed by the Court,
paid into Court by the party at whose instance or for whose benefit
the commission or letter of request is issued.
388. Any Commissioner appointed under this Chapter may, unless
otherwise directed by the order of appointment,
(a) examine the parties and any witness whom they or any of
them may produce and any other person Avhom the
Commissioner thinks proper to call upon to give evidence
in the matter referred to him ;
(6) call for and examine documents and other things relevant
to the subject of enquiry ;
(c) at any reasonable time enter upon or into any land or
building mentioned in the order.
389. The provisions of this Code relating to the summoning,
attendance, and examination of witnesses, and to the remuneration
of , and ]X'nalties to be imposed upon, witnesses, shall apply to persons
required to give evidence or to produce documents under this
request.
CIVIL PEOCEDURE CODE. 435
Chapter, whether the commission in execution of which they are so
required has been issued by a Court situate withm, or by a Court
situate beyond, the hmits of the Federated Malay States, and for the
purposes of this section the Commissioner shall be deemed to be a
Civil Court.
390. (i) Where a commission is issued under this Chapter, the Parties to
Court shall direct that the parties to the suit shall appear before the commissioner.
Commissioner in person or by their agents or solicitors.
(ii) Where all or any of the parties do not so appear, the Com-
missioner may proceed ex parte.
Chapter XXIX.
AID TO FOREIGN TRIBUNALS.
SERVICE OF FOREIGN LEGAL PROCESS IN THE FEDERATED MALAY
STATES.
391. (i) Subject to any special provision made by Section 608 of service of
this Code or otherwise, where in any civil or commercial matter /°p®^?guan'ceTf
pending before a Court or Tribunal of a foreign country a letter letter of
of request from such Court or Tribunal for service on any person
in the Federated Malay States of any process or citation in such
matter is transmitted to the Supreme Court by the Chief Secretary
with an mtimation that it is desirable that effect should be given to
the same, the following procedure shall be adopted :
(a) The letter of request for service shall be accompanied by a
translation thereof in the English language and by two
copies of the process or citation to be served and two
copies thereof in the English language ;
(6) Service of the process or citation shall be effected by
delivering to and leaving with the person to be served
one copy of the process to be served, and one copy of the
translation thereof, in accordance with the provisions of
this Code regulating service of process ;
(c) After service has been effected the process server shall
return to the Registrar or an Assistant Registrar of the
Supreme Court one copy of the process and shall verify
by affidavit, to be made before the Registrar or Assistant
Registrar, a return stating the time when and the manner
in which the process was served ;
(d) The particulars of charges for the cost of effecting service
shall be submitted to the Registrar or Assistant Registrar,
who shall certify the correctness of the charges or such
other amount as shall be properly payable for the cost of
effecting service. A copy of such charges and certificate
shall be forwarded to the Chief Secretary.
(e) The Registrar or Assistant Registrar shall transmit to the
Chief Secretary the letter of request for service received
from the foreign country together with the evidence of
service with a certificate appended thereto duly sealed
436 No. 15 OF 1918.
with the seal of the Supreme Court. Such certificate shall
be in the form in the thu'd schedule,
(ii) The Supreme Court may make all such orders for substituted
service or otherwise as may be necessary to give effect to this section.
OBTAINING EVIDENCE FOR FOREIGN TRIBUNALS.
Evidence for 392. (i) Where any civil or commercial matter is pending before
Tribunals. ^ Court Or Tribunal of a foreign country and it is made to appear
to the Supreme Court or a Judge thereof, by Commission Rogatoire
or letter of request or other evidence as hereinafter provided, that
such Court or Tribunal is desirous of obtaining the testimony in
relation to such matter of any witness or witnesses within the
Federated Malay States, the Court or a Judge may, on the ex 'parte
application of any person shewn to be duly authorized to make the
application on behalf of such foreign Court or Tribunal, and on
production of the Commission Rogatoire or letter of request or such
other evidence as the Court or a Judge may require, order the
examination upon oath, upon interrogatories or otherwise, of such
witness or witnesses accordingly ; and the Court or a Judge may by
the same order, or by any subsequent order, command the attendance
of any person to be named in such order for the purpose of being
examined, or the production of any writings or other documents to
be mentioned in such order, and may give all such directions as to
the time, place, and mannerof such examination and all other matters
connected therewith as may appear reasonable and just ; and any
such order may be enforced in like manner as an order made by such
Court or Judge in a suit pending in such Court or before such Judge.
(ii) An order under sub-section (i) shall be in the form in the
third schedule, with such variations as circumstances may require.
(iii) The examination shall be taken before the Registrar or an
Assistant Registrar who shall append to the depositions a certificate,
in the form in the third schedule with such variations as circum-
stances may require, duly sealed with the seal of the Supreme Court
and shall forward the depositions so certified, and the Commission
Rogatoire or letter of request, if any, to the Chief Secretary for
transmission to the foreign Court or Tribunal requiring the same.
(iv) An order under sub-section (i) may. if the Court or a Judge
shall think fit, direct the said examination to be taken in such
manner as may be requested by the Commission Rogatoire or letter
of request from the foreign Court, or therein signified to be in accord-
ance with the practice or requirements of such Court or Tribunal,
or which may for the same reason be requested by the applicant for
such order. But where no such special directions are given in
the order for examination, the same shall be taken in the manner
prescribed by Chapter XVIII.
(v) Where a Commission Rogatoire or letter of request, as
mentioned in sub-section (i), is transmitted to the Supreme Court by
the Chief Secretary with an intimation that it is desirable that effect
should be given to the same without requiring an application to
be made to the Court by the agents in the Federated Malay States of
any of the jjarties to the action or matter in the foreign country, the
CIVIL PROCEDURE CODE.
437
Registrar shall transmit the same to the Legal Adviser, who may
thereupon make such applications and take such steps as may be
necessary to give effect to such Commission Rogatoire, or letter of
request, in accordance with this section.
PART III.
SUITS IN PARTICULAR CASES.
Chapter XXX.
SUITS BY OR AGAINST THE GOVERNMENT.
393. Suits by or against the Government of the Federated Malay
States shall be instituted by or against (as the case may be) " the
Chief Secretary to Government," a body corporate ; and the said
body corporate shall not be sued except as in this Chapter provided.
394. Suits by or against the Ruler or Government of a State
which is one of the Federated Maia}^ States shall be instituted by or
against (as the case may be) " the State of Perak," " the State of
Selangor," "the State of Negri Sembilan," or "the State of Pahang,"
as the case may be, and each of the said States may, subject to
the provisions of this Chapter, sue and be sued as a body corporate.
395. In suits by a State, instead of inserting in the plaint the
name and description and place of abode of the plaintiff, it shall be
sufficient to insert the words " the State of Perak," " the State of
Selangor," " the State of Negri Sembilan," or " the State of Pahang,"
as the case may be.
396. (i) In suits by the Chief Secretary or by a State the plamt
may be subscribed and verified on behalf of the Chief Secretary or of
such State by any public officer or other person who is able to depose
to the facts of the case.
(ii) Any public officer or other person, authorized either specially
or generally in writing by the Chief Secretary to act for him or by the
Resident of a State to act for such State in respect of any judicial
proceeding, shall be deemed to be the recognized agent by whom
appearances, acts, and applications under this Code in respect of such
judicial proceeding may be made or done on behalf of the Chief
Secretary or of such State. The Legal Adviser, or any solicitor
specially authorized by the Chief Secretary or by the Resident of a
State, or any such recognized agent as aforesaid, may in any case
appear as advocate for the Chief Secretary or for such State, as the
case may be.
397. (i) In suits against the Chief Secretary to Government or
against a State, after the plaint has been admitted, and before a
summons is issued, the Judge shall transmit the plaint,
(a) in suits against the Chief Secretary to Government, to the
Chief Secretary, and
(6) in suits against a State, to the Resident of such State,'
for consideration.
Government of
the Federated
Malay States.
Government of
a State.
Wording of
plaint.
Subscription
and verification
of plaint.
Appearances
and acts.
Plaint to be
submitted.
438 No. 15 OF 1918.
(ii) The Chief Secretary or Resident, as the case may be, shall on
receij)t of a plaint transmitted to him under sub-section (i) consider
the same and shall, if it appears to him that the claim is a bond fide
claim which cannot be amicably settled, by endorsement under his
hand on the plaint order that right be done and nominate a public
officer or other person to accept service of a summons on behalf
of the defendant in the suit.
(iii) In the event of refusal to endorse the plaint under sub-section
(ii), the plaintiff may appeal,
(a) where the refusal is by the Chief Secretary, to the High
Commissioner, and
(b) where the refusal is by a Resident, to the Chief Secretary,
and thereupon the High Commissioner or the Chief Secretary, as
the case may be, may, if he shall think fit, so endorse the plaint.
(iv) Upon the return of the plaint, so endorsed, to the Judge, a
summons shall be issued and the suit shall thereafter, subject to the
provisions of this Chapter, proceed as an ordinary suit for a similar
purpose between subject and subject.
(v) Where
(a) the Chief Secretary, or on appeal from him the High Com-
missioner, or
(h) a Resident, or on appeal from him the Chief Secretary,
refuses to endorse the plaint as provided in sub-sections (ii) and
(iii), the Judge shall reject the plaint and refund to the plaintiff
any Court fees which the plaintiff may have paid upon presenting
the plaint.
Claims which 398. Any claim, agamst the Government of the Federated Malay
Enforced States or against the Ruler or Government of a State, which
^^^'^'^- (f,) is founded on the use or occupation or right to use or
occupation of State lands, or
(6) arises out of the revenue laws, or
(c) arises out of any contract which has been or may be or
should have been entered into on behalf of the Government
of the Federated Malay States by or by the authority of
the Chief Secretary, or on behalf of the Ruler of such
State by or by the authority of the Government of such
State, and which would if such claim had arisen between
subject and subject afford ground for a suit under this
Code, or
(d) is for damages or compensation in respect of a matter arising
in the Federated Malay States or in such State, as the
case may be, or
(e) is a claim, not included in the preceding clauses, which
might lawfully be enforced as between subject and subject,
may, subject to the provisions of this Chapter, be enforced by suit
against the Chief Secretary to Government or against such State,
as the case may be, under this Code.
CIVIL PROCEDURE CODE. 439
399. A public officer, acting on behalf of a known department of Public officer
the Government of the Federated Malay States or of a State and of thf GovMn'i"
in discharge of duties incident to his public employment, is not ment not liable
liable personally upon contracts made by him in that capacity ; ^ "^""'^ ^'
nor does he impliedly warrant that he has in fact authority to
enter into such contracts.
400. (i) Contracts made in the Federated Malay States for the contracts made
on behalf of th
Government.
public service of the said States by a Federal officer of the said »" b^haif of the
States duly gazetted to his office shall be deemed to be made by the
authority of the Government of the said States when executed or
signed by the Chief Secretary or by a Federal officer of the said
States duly authorized in writing by the Chief Secretary, either
generally for all contracts in his department or for the particular
case, to sign or execute such contracts.
(ii) Contracts made in a State for the public service of such
State by a public officer of such State duly gazetted to his office
shall be deemed to be made by the authority of the Ruler or
Government of such State when executed or signed by the Resident
of such State or by a public officer of such State duly authorized
in Avriting by the Resident, either generally for all contracts in his
department or for the particular case, to sign or execute such
contracts.
(iii) Contracts made in England by the Crown Agents for the
Colonies shall, so far as the same come within the jurisdiction of
the Courts of the Federated Malay States, be deemed,
(a) if made on behalf of the Government of the Federated
Malay States, to be contracts made for the public service
of the said States by a Federal officer of the said States,
and,
(6) if made on behalf of the Ruler or Government of a State,
to be contracts made for the public service of such State
by a public officer of such State.
(iv) No contracts except those made in manner hereinbefore
provided for contracts on behalf of the Government of the Federated
Malay States shall be deemed to be made by the authority of the
said Government ; and no contracts except those made in manner
hereinbefore provided for contracts on behalf of the Ruler or
Government of a State shall be deemed to be made by the authority
of the Ruler or Government of such State.
(v) This section, so far as it relates to contracts on behalf of the
Government of the Federated Malay States, applies only to contracts
made after the commencement of this Enactment.
(vi) Nothing in this section applies to contracts relating to the
use or occupation of State lands.
401. In all suits under this Code by or against the Chief Secretary costs.
or by or against a State, costs may be adjudged by the Court for
and against the Chief Secretary or such State on the same principles
on which costs are adjudged in similar matters between subject
and subject.
440
No. 15 OF 1918.
Fees.
No interroga-
tories.
Execution not
to issue.
402. Fees for matters done in the Courts for the Chief Secretary
or for a State shall not be payable in the first instance ; but where
judgment is given for the Chief Secretary or for such State with
costs, the amounts which otherwise would have been payable by
the Chief Secretary or by such State as fees shall be chargeable to
and payable by the opposite party.
403. Interrogatories shall not be administered to, nor shall an
order for the discovery or inspection of documents be made against,
the Chief Secretary or a State, or any public officer or other person
as representmg the Chief Secretary or a State,
404. Where in any suit a decree is passed against the Chief
Secretary or against a State, no execution shall issue thereon, but
a copy of such decree, under the seal of the Court and signature of
the Judge, shall be transmitted by the Judge to the Chief Secretary
or to the Resident of such State, as the case may be, who, where
the decree is for the payment of money, shall have power by warrant
under his hand to direct the amount awarded by such decree to be
paid by the Federal Treasurer or by the State Treasurer, as the
case may be, and in case of any other decree shall have power to
take such measures as may be necessary to cause the same to be
carried into effect.
Suits to be in 405. All suits which may be lawfully brought by or against the
this°chT?er^'^'^ Chief Secretary or a State shall be brought in accordance with the
provisions of this Chapter and not othermse.
Officers or
soldiers who
cannot obtain
leave may
authorize any
person to sue or
defend for
them.
Person so
authorized may
act personally
or appoint
solicitor.
Chapter XXXI.
SUITS BY OR AGAINST MILITARY MEN.
406. (i) Where any officer or soldier actually serving the Govern-
ment in a military capacity is a party to a suit and cannot obtain
leave of absence for the purpose of prosecuting or defending the
suit in person, he may authorize any person to sue or defend in his
stead.
(ii) The authority shall be in writing and shall be signed by the
officer or soldier in the presence of his commanding officer, or the
next subordinate officer if the party be himself the commanding
officer.
(iii) Such commanding or other officer shall countersign the
authority, which shall be filed in Court.
(iv) When so filed the countersignature shall be sufficient proof
that the authority was duly executed and that the officer or soldier
by whom it was granted could not obtain leave of absence for the
purpose of prosecuting or defending the suit in person.
Explanation. — In this Chapter the expression " commanding officer "
means the officer in actual command for the time being of any regiment,
corps, or detachment to which the officer or soldier belongs.
407. Any person authorized by an officer or a soldier to prosecute
or defend a suit in his stead may prosecute or defend it in person in
the same manner as the officer or soldier could do if present ; or
he may appoint a solicitor to prosecute or defend the suit on behalf
of such officer or soldier.
CIVIL PROCEDURE CODE. 441
408. Processes served upon any person authorized by an officer service on
or a soldier, as in Section 406 provided, or upon any solicitor authorized, or
appointed as aforesaid by such person to act for, or on behalf of, °° be^^ood"*"^'
such officer or soldier, shall be as effectual as if they had been service.
served on the party in person or on his solicitor.
409. (i) Where an officer or a soldier is a defendant, the Court service on
shall send a cojay of the summons to his commanding officer for the soidfere.^"
purpose of being served on him.
(ii) The officer to whom such copy is sent, after causing it to
be served on the person to whom it is addressed, if practicable,
shall return it to the Court with the MTitten acknowledgment of
such person endorsed thereon.
(iii) If from any cause the copy cannot be so served, it shall be
returned to the Court by which it was sent, with information of the -
cause which has prevented the service.
410. (i) Where, in any proceedings under this Code, a warrant Execution oi
of arrest or other process is to be executed within the limits of a an-esUn°^
cantomnent, barrack, or military station, the officer charged with cantonments,
the execution of such warrant or other process shall deliver the
same to the commanding officer.
(ii) The commanding officer shall back the warrant or other
process Avith his signature, and, in the case of a warrant of arrest,
if the person named therein is within the limits of his command,
shall cause him to be arrested and delivered to the officer so charged.
Chapter XXXII.
SUITS BY OR AGAINST CORPORATIONS.
411. In suits by a corporation the plaint may be signed and signature
verified on behalf of the corjjoration by the secretary or by any otpilfnt!"^'^''""
director or other principal officer of the corporation who is able to
depose to the facts of the case.
412. Where the suit is against a corporation, the summons may service on
■11 o J. ./ corporation.
be served
(a) by leaving it at the registered office (if any) of the
corporation ; or
(b) by sending it by post in a letter addressed to the
corporation at the office, or, if there be more offices than
one, at the prmcipal office of the corporation, whether
such office be situated within the Federated Malay States
or elsewhere ;
(c) by giving it to the secretary or to any director or other
principal officer of the corporation.
413. The Court may at any stage of the suit require the personal Personal
f.,1 , e -,. , ^,, -^.., attendance of
appearance oi the secretary or oi any du-ector or other prmcipal officer.
officer of the corporation resident in the Federated Malay States
who may be able to answer material questions relating to the suit.
442
No. 15 OF 1918.
Suing of
partners in
name of firm.
Disclosure of
partners'
names.
Service of
siunmons.
Chapter XXXIII.
SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING
ON BUSINESS IN NAMES OTHER THAN THEIR OWN.
414. (i) Any two or more persons claiming or being liable as
partners and carrying on business in the Federated Malay States
ma}^ sue or be sued in the name of the firm (if any) of which such
persons were partners at the time of the accruing of the cause of
action, and any party to a suit may in such case apply to the Court
for a statement orf the names and addresses of the persons who
were, at the time of the accruing of the cause of action, partners
of such fi^rm, to be furnished and verified in such manner as the
Court may direct.
(ii) Where persons sue or are sued as partners in the name of
their firm under sub-section (i), it shall, in the case of any document
required by or under this Code to be signed, verified, or certified
by the plaintiff or the defendant, suffice if such document is signed,
verified, or certified by any one of such persons.
415. (i) Where a suit is instituted by partners in the name of
their firm, the plaintiffs or their solicitor shall, on demand in -writing
by or on behalf of any defendant, forthwith declare in writing the
names and places of residence of all the persons constituting the
firm on whose behalf the suit is instituted.
(ii) Where the plaintiffs or their solicitor fail to comply with any
demand made under sub-section (i), all proceedings in the suit may,
upon an application for that purpose, be stayed upon such terms as
the Court may direct.
(iii) Where the names of the partners are declared in the manner
referred to in sub-section (i), the suit shall proceed in the same
manner, and the same consequences in all respects shall follow, as
if they had been named as plaintiffs in the plaint ;
Provided that all the proceedings shall nevertheless continue in
the name of the firm.
416. Where persons are sued as partners in the name of their
firm, the summons shall be served either
(a) upon any one or more of the partners, or
(6) at the principal place at which the partnership busmess is
carried on within the Federated Malay States upon any
person having, at the time of service, the control or
management of the partnership business there,
as the Court may direct ; and such service shall be deemed good
service upon the firm so sued, whether all or any of the partners
are within or without the Federated Malay States ;
Provided that, in the case of a partnership Avhich has been
dissolved to the knowledge of the plaintiff before the institution
of the suit, the summons shall be served upon every i^erson within,
the Federated Malay States whom it is sought to make liable.
CIVIL PROCEDURE CODE. 443
417. (i) Notwithstanding anything contained in Section 45 of Right of suit
the Contract Enactments, 1899 (Pahang, 1900), where two or p^ner!'"^
more persons may sue or be sued in the name of a firm under the
foregoing provisions and any of such persons dies, whether before
the institution or during the pendency of any suit, it shall not be
necessary to join the legal representative of the deceased as a
party to the suit.
(ii) Nothing in sub-section (i) shall limit or otherwise affect any
right which the legal representative of the deceased may have
(a) to apply to be made a party to the suit, or
(b) to enforce any claim against the survivor or survivors.
418. Where a summons is issued to a firm and is served in the Notice in what
maimer provided by Section 416, every person upon Avhom it is '=^P''<=i*^y served.
served shall be informed by notice in WTiting, given at the time of
such service, whether he is served as a partner or as a person having
the control or management of the partnership business, or in both
characters, and in default of such notice the person served shall
be deemed to be served as a partner.
419. Where persons are sued as partners in the name of their Appearance at
firm and on the day fixed for the defendant to appear and answer *^® bearing.
any partner of such firm appears when the suit is called on for
hearing, such appearance shall be a sufficient appearance by the
firm.
420. Where a summons is served in the manner provided by No appearance
Section 416 upon a person having the control or management of necSsar'l'^'^
the partnership business, it shall not be necessary for him to appear
and answer unless he is a partner of the firm sued.
421. Any person served Avith summons as a partner under Section Denial of
416 may file a written statement denying that he is a partner, but Partnership.
the suit may, nevertheless, proceed against the firm provided that
the requirements of Section 416 are complied vnih.
422. (i) Where a decree has been passed against a firm, execution Execution of
may be granted a&^'.''°^''''*
(a) against any property of the partnershij) within the
Federated Malay States ;
(6) against any person who has admitted in his Avritten state-
ment that he is, or who has been adjudged to be, a partner ;
(c) against anj^ person who has been individually served as a
partner with the summons and has not filed a written
statement denying that he is a partner.
Provided that nothing in this sub-section shall be deemed to
limit or otherA\ise affect the provisions of Section 247 of the Contract
Enactments, 1899 (Pahang, 1900).
(ii) Where the decree-holder claims to be entitled to cause the
decree to be executed against anj- person, other than such a person
as is referred to in sub-section (i), clauses (&) and (c), as being a
partner of the firm, he may apply to the Court for leave so to do ;
and where the liability is not disputed, the Court may grant such
leave, or where the liability is disputed, may order that the liability
of such person be tried and determined in any manner in which
any issue or question in a suit may be tried and determined.
444
No. 15 OF 1918.
Attachment of
debts owing
from a firm.
Suits between
co-partners.
Suit against
person carrying
on business in
name otlier
than his own.
423. Debts owing from a firm carrying on business within the
Federated Malay States may be attached under Chapter XXII,
although one or more partners of such firm may be resident out
of the Federated Malay States, provided that some person having
the control or management of the partnership business, or some
partner of the firm within the Federated Malay States, is served
with a copy of the prohibitory order.
424. This Chapter shall apply to suits between a firm and one or
more of the partners therein and to suits between firms having one
or more partners in common, j^rovided that such firm or firms
carry on business in the Federated Malay States ; but no execution
shall be issued in such suits except by leave of the Court, and, on
an application for leave to issue such execution, all such accounts
and inquiries may be directed to be taken and made and directions
given as may be just,
425. Any person carrying on business within the Federated
Malay States in a name or style other than his own name may be
sued in such name or style as if it were a firm name ; and, so far
as the nature of the case will permit, , all sections relating to
proceedings against firms shall apply.
Representation
of beneficiaries
in suits
concerning
property vested
in trustees,
etc. •
Joinder of
trustees,
executors, and
administrators.
Ilusliand of
married
executrix not
to join.
Chapter XXXIV.
SUITS BY OR AGAINST TRUSTEES, EXECUTORS, AND
ADMINISTRATORS.
426. In all suits concerning property vested in a trustee, executor,
or administrator, where the contention is between the persons
beneficially interested in such property and a third person, the
trustee, executor, or administrator shall represent the persons so
interested, and it shall not ordinarily be necessary to make them
parties to the suit. But the Court may, if it thinks fit, order
them or any of them to be made such parties.
427. Where there are several trustees, executors, or administrators,
they shall all be made parties to a suit against one or more of
them :
Provided that executors who have not proved their testator's will,
and trustees, executors, and administrators outside the Federated
Malay States need not be made parties,
428. Unless the Court directs otherwise, the husband of a married
executrix or administratrix shall not be a party to a suit by or
against her.
Chapter XXXV.
Minor to sue
by next friend.
SUITS BY OR AGAINST MINORS AND PERSONS
OF UNSOUND MIND.
429. Every suit by a minor shall be instituted in his name by
a person who in such suit shall be called the next friend of the
minor ; such person may be ordered to pay any costs in the suit
as if he were the plaintiff.
CIVIL PROCEDURE CODE.
445
430. (i) Where a suit is instituted by or on behalf of a minor where suit
without a next friend, the defendant may apply to have the plaint ^.\thournext
taken off the file, with costs to be paid by the solicitor or other friend, piaint to
person by whom it was presented.
(ii) Notice of such application shall be given to such person, and
the Court, after hearing his objections, if any, may make such
order in the matter as it thinks fit.
be taken off
file.
431. (i) Where the defendant to a suit is a minor, the Court, on
being satisfied of the fact of his minority, shall appoint a proper
person to be guardian for the suit for such minor, to put in the
defence for such minor, and generally to act on his behalf in the
conduct of the case.
(ii) An order for the appointment of a guardian for the suit
may be obtained upon application in the name and on behalf of
the minor or by the plaintiff.
(iii) Such application shall be supported by an affidavit verifying
the fact that the proposed guardian has no interest in the matters
in controversy in the suit adverse to that of the minor and that
he is a fit person to be so appointed.
(iv) No order shall be made on any application under this section
except uj^on notice to the minor and to any guardian of the minor
appointed or declared by an authority competent in that behalf,
or, where there is no such guardian, upon notice to the father or
other natural guardian of the minor, or, where there is no father
or other natural guardian, to the person in whose care the minor
is, and after hearing any objection which may be urged on behalf
of any person served with notice under this sub-section.
432. (i) Any person who is of sound mind and has attained
majority may act as next friend of a minor or be appointed his
guardian for the suit, provided that the interest of such person is
not adverse to that of the minor and that he is not, in the case of
a next friend, a defendant or, in the case of a guardian for the suit,
a plaintiff.
(ii) Where there is no other person fit and willing to act as
guardian for the suit, the Court may appoint any of its officers to
be such guardian.
433. (i) Every application to the Court on behalf of a minor,
other than an application under Section 431 (ii) or Section 437
or Section 438 (ii), shall be made by his next friend or by his
guardian for the suit.
(ii) Every order made in a suit or on any application before the
Court, in or by which a minor is in any way concerned or affected,
without such minor being represented by a next friend or guardian
for the suit, as the case may be, may be discharged, and, where the
solicitor of the party at whose instance such order was obtained
knew, or might reasonably have loiown, the fact of such minority,
with costs to be paid by such solicitor.
434. A next friend or guardian for the suit shall not receive or
take any money or other thing on behalf of a minor at any time
before decree or order, unless he has first obtained the leave of
Minor to
defend by
guardian for
the suit.
Who may be
next friend or
guardian.
Representation
of minor by
next friend or
guardian for
the suit.
Next friend or
guardian not to
receive money
without leave
of Court.
446
No. 15 OF 1918.
Next friend or
guardian not to
compromise
without leave
of Court.
Eetirement of
next friend.
Removal of next
friend.
Stay of
proceedings on
retirement,
removal, or
death of next
friend.
Retirement,
removal, or
death of
guardian for
the suit.
Course to be
followed by
minor plaintiff
or applicant on
attaining
majority
the Court and given security to its satisfaction that such money
or other thing shall be duly accounted for and held for the benefit
of such minor.
435. (i) A next friend or guardian for the suit shall not without
the leave of the Court enter into any agreement or compromise on
behalf of a minor with reference to the suit in which he acts as
next friend or guardian.
(ii) Any such agreement or compromise entered into without the
leave of the Court shall be voidable against all parties other than
the minor.
436. (i) Unless otherwise ordered by the Court, a next friend
shall not retire without first procuring a fit person to be i)ut m his
place and giving security for the costs already incurred.
(ii) The application for the appointment of a new next friend
shall be supported by an affidavit shcAving the fitness of the person
proposed and also that he has no interest adverse to that of the
minor.
437. Where the interest of the next friend of a minor is adverse
to that of the minor, or where he is so connected with a defendant
whose interest is adverse to that of the minor as to make it unlikely
that the minor's interest will be properly protected by him, or
where he does not do his duty, or, during the pendency of the suit,
ceases to reside within the Federated Malay States, or for any other
sufficient cause, application may be made on behalf of the minor
or by a defendant for his removal ; and the Court (if satisfied of the
sufficiency of the cause assigned) may order the next friend to be
removed accordingly.
438. (i) On the retirement, removal, or death of the next friend
of a minor, further proceedings shall be stayed until the appointment
of a next friend in his place.
(ii) Where the solicitor of such minor omits to take steps, within
a reasonable time, to get a new next friend appointed, any person
interested in the minor or in the matter at issue may apply to the
Court for the appointment of one, and the Court may appoint such
person as it thinks fit.
439. (i) Where the guardian for the suit desires to retire or does
not do his duty or where other sufficient ground is made to appear,
the Court may permit such guardian to retire or may remove him
and may order him to pay such costs as may have been occasioned
to any party by his breach of duty.
(ii) Where the guardian for the suit retires or is removed by
the Court or dies during the pendency of the suit, the Court shall
appoint a new guardian in his place.
440. (i) A minor plaintiff, or a minor not a party to a suit on
whose behalf an application is pending, shall on attaining majority
elect whether he will proceed with the suit or application.
(ii) Where he elects to proceed with the suit or a]i])lication, he
shall apply for an order discharging the next friend and for leave
to proceed in his own name.
CIVIL PROCEDURE CODE.
447
(iii) The title of the suit or application shall in such case be
corrected so as to read thenceforth thus :
"A. B., late a minor, by C. D., his next friend, but now-
having attained majority."
(iv) Where he elects to abandon the suit or appHcation, he shall,
if a sole plaintiff or sole ajipHcant, apply for an order to dismiss
the suit or application on repayment of the costs incuiTcd by the
defendant or opposite party or which may have been paid by his
next friend.
(v) Any application under this section may be made ex 'parte ;
and it must be proved by affidavit that the late minor has attained
majority.
441. (i) Where a minor co-plaintiff on attaining majority desires where minor
to repudiate the suit, he shall apply to have his name struck out attaining^
as co-plaintiff ; and the Court, if it finds that he is not a necessary ^^Igp^Jj'^f "'^
party, sha,ll dismiss him from the suit on such terms as to costs suit."
or otherwise as it thinks fit.
(ii) Notice of the application shall be served on the next friend,
on any co-plain tiif, and on the defendant ; and it must be proved
by affidavit that the late minor has attained majority.
(iii) The costs of all parties of such application, and of all or
any proceedings theretofore had in the suit, shall be paid by such
persons as the Court directs.
(iv) Where the applicant is a necessary party to the suit, the
Court may direct him to be made a defendant.
442. (i) A minor on attaining majority may, if a sole plaintiff, where suit
apply that a suit instituted in his name by a next friend be dismissed rx^rcfper?"^'^ °^
on the ground that it was unreasonable or improper.
(ii) Notice of the application shall be served on all the parties
concerned ; and the Court, upon being satisfied of such
unreasonableness or impropriety, may grant the aj^plication and
order the next friend to pay the costs of all parties in respect of the
appHcation and of anything done in the suit or make such other
order as it thinks fit.
443. Where execution of a decree is appHed for against the Guardian of
... ,. . £-1 ij I- £ minor represen-
representative, bemg a mmor, of a deceased party, a guardian tor tativeof
the suit of such minor shall be appointed by the Court, and the -^u^g^gnt-
decree-holder shall serve on such guardian notice of such application, debtor.
444. The provisions of this Chapter shall, mutatis mutandis, apply Application of
.1 !■ p 1-11'iiji 1 this Chapter to
m the case of persons oi unsomid mmd, adjudged to be so under persons of
any law for the time being in force. unsound mind.
Chapter XXXVI.
SUITS BY PAUPERS.
445. Subject to the followmg provisions, any suit may be Suite may^
instituted by a pauper.
Explanation. — A person is a " pauper " when he is not possessed of
sufficient means to enable him to pay the fee prescribed by law for the plaint
in such suit, or, where no such fee is prescribed, when he is not entitled to
be brought in
lormd <-
pauperis.
448
No. 15 OF 1918.
What suits
excepted.
Contents of
application.
Presentation of
application.
Examination of
applicant.
Rejection of
application.
Notice of day
for receiving
evidence of
applicant's
pauperism.
Examination of
witnesses, and
decision.
property worth one hundred dollars other than his necessary wearing- apparel
and the subject-matter of the suit.
446. No suit shall be brought by a pauper to recover compensation
for libel, slander, abusive language, or assault.
447. Every application for permission to sue as a pauper shall be
in ^\Titing and shall contain the particulars required by Section 41
with regard to plaints in suits ; a schedule of any movable or
immovable property belonging to the applicant, with the estimated
value thereof, shall be annexed thereto ; and it shall be signed
and verified in the manner hereinbefore prescribed for the signing
and verification of plaints.
448. Notwithstanding anything contained in this Code, the
application shall be presented to the Court by the applicant in
person.
449. Where the application is in proper form and duly presented,
the Court may, if it thinks fit, examine the applicant regarding the
merits of the claim and the property of the applicant.
450. The Court shall reject an application to sue as a pauper
(a) where it is not framed and presented in the manner prescribed
by Sections 447 and 448 ; or
(6) where the applicant is not a pauper ; or
(c) where he has, within the two months next before the
presentation of the application, disposed of any property
fraudulently or in order to be able to apply for permission
to sue as a pauper ; or
{(l) where his allegations do not shew a cause of action ; or
(6) where he has entered into any agreement with reference to
the subject-matter of the proposed suit under which any
other person has obtained an interest in such subject-
matter.
451. Where the Court sees no reason to reject the application on
any of the grounds stated in Section 450, it shall fix a day (of which
at least ten days' previous notice shall be given to the opposite
party) for receiving such evidence as the applicant may adduce in
proof of his pauperism and for hearing any evidence which may
be adduced in disproof thereof.
452. (i) On the day so fixed, or as soon thereafter as may be
convenient, the Court shall examine the witnesses (if any) produced
by either party and may examine the applicant and shall make a
memorandum of the substance of their evidence.
(ii) The Court shall also hear any argument which the parties may
desire to offer on the question whether, on the face of the application
and of the evidence (if any) taken by the Court as herein provided,
the application is required by the provisions of Section 450 to be
rejected.
(iii) The Court shall then either allow or refuse to allow the
applicant to sue as a jDauper.
per
succeeds.
CIVIL PROCEDURE CODE. 449
453. Where the application is granted, it shall be numbered and procedure if
registered and shall be deemed the plaint in the suit, and the suit 'g^S!''"
shall proceed in all other respects as a suit mstituted under Chapter
VI, except that the plamtifif shall not be liable to pay any Court fee
(other than fees payable for service of process) in respect of any
application, appointment of a solicitor, or other proceeding connected
with the suit.
454. The Court may, of its own motion or on application by the Dispaupering.
defendant, of which at least ten days' notice in writing shall be given
to the plaintiff, order the plaintiff to be dispaupered
(a) if he is guilty of vexatious or improper conduct in the course
of the suit ; or
(6) if it appears that his means are such that he ought not to
continue to sue as a pauper ; or
(c) if he has entered into any agreement with reference to the
subject-matter of the suit, under which any other person
has obtained an interest in such subject-matter.
455. Where the plaintiff succeeds in the suit, the Court shall costs where
calculate the amount of Court fees which would have been paid by ^'^"^p^
the plamtiff if he had not been permitted to sue as a pauper ; and
such amount shall be a first charge on the subject-matter of the suit,
and shall also be recoverable by the Government from any party
ordered by the decree to pay the same, in the same mamier as costs
of suit are recoverable under this Code.
456. Where the plaintiff fails in the suit or is dispaupered, or Procedure
where the suit is dismissed under Section 95 or Section 96 or Section ^'i^^*^ ^^'^^'^'^'^
101, the Court shall order the plaintiff, or any person made, under
Section 24, co-plaintiff to the suit, to pay the Court fees which would
have been paid by the plamtiff if he had not been permitted to sue
as a pauper ; and if it find that the suit was frivolous or vexatious,
it may also punish the plaintiff with fine not exceeding one hundred
dollars or with imprisomnent of either description for a term which
may extend to six weeks.
457. An order of refusal made under Section 452 to allow the Refusal to.iiiow
applicant to sue as a pauper shall be a bar to any subsequent sueaspauper
application of the like nature by him in respect of the same right to bars subsequent
sue ; but the applicant shall be at liberty to institute a suit in the uie nature. °
ordinary mamier in respect of such right, provided that he first pays
the costs (if any) incurred by the oj)posite party m opposing his
apj)lication for leave to sue as a pauper.
458. The costs of an application for permission to sue as a pau^ier costs.
and of an enquny into j)auperism are costs in the suit.
Chapter XXXVIL
INTERPLEADER.
459. Where two or more persons claim adversely to one another where
the same debt, sum of money, or other pro^Jerty from another person RuH7uay'be
who claims no interest therein other than for charges or costs and instituted.
who is ready to pay or deliver it to the rightful claimant, such other
m— 29
450
No. 15 OF 1918.
Plaint iu such
suit.
Payment of
thintr claimed
into Court.
Procedure
where
defendant is
suing plaintiff.
Procedure at
hrst hearing.
Agents and
tenants
may not insti-
tute inter-
Iiloader-suits.
person may institute a suit of interpleader against all the claimants
for the purpose of obtaining a decision as to the person to whom the
payment or delivery shall be made and of obtaining indemnity for
himself.
Provided that where any suit is pending in which the rights of all
parties can properly be decided, no such suit of interpleader shall
be instituted.
460. In every suit of interpleader the plaint shall, in addition to
the other statements necessary for plaints, state
(a) that the plaintiff claims no interest in the subject-matter
in dispute other than for charges or costs ;
(b) the claims made by the defendants severally ; and
(c) that there is no collusion between the plaintiff and any of
the defendants.
461. Where the thing claimed is capable of being paid into Court
or placed in the custody of the Court, the plaintiff shall so pay or
jjlace it before he can be entitled to any order in the suit.
462. Where any of the defendants in an interpleader-suit is
actually suing the plaintiff in respect of the subject-matter of such
suit, the Court in which the suit against the plaintiff is pending
shall, on bemg informed by the Court in which the interpleader- suit
has been instituted, stay the proceedings as against him ; and his
costs in the suit so stayed may be provided for in such suit ; but if,
and in so far as, they are not provided for m that suit, they may
be added to his costs incurred in the interpleader-suit.
463. (i) At the first hearing the Court may
(a) declare that the plaintiff is discharged from all liability to
the defendants in respect of the thing claimed, award
him his costs, and dismiss him from the suit ; or
(h) if it thinks that justice or convenience so require, retain
all parties until the final disposal of the suit,
(ii) Where the Court finds that the admissions of the parties or
other evidence enable it to do so, it may adjudicate the title to the
thing claimed.
(iii) Where such admissions or evidence as aforesaid do not enable
the Court so to adjudicate, it may direct
(a) that an issue or issues between the parties be framed and
tried, and
{h) that any claimant be made a plaintiff in lieu of or in addition
to the original plaintiff,
and shall ])roceed to try the suit in the ordinary manner.
464. Notliing in this Chajiter shall be deoned to enable agents to
sue their ])rincipals, or tenants to sue then- landlords, for the purpose
of compelling them to interplead with any persons other than
persons making claim through such j)rincipals or landlords.
Illustrations.
(a) A deposits a box of jewels with B as liis agent. C alleges that the
jewels were wrongfully obtained from him by A and claims them from B.
B cannot institute an interpleader-suit against A and C.
CIVIL PROCEDURE CODE. 451
(b) A deposits a box of jewels with B as his agent. He then writes to C
for the purpose of making the jewels a security for a debt duo from himself
to C. A afterwards alleges that C's debt is satisfied, and C alleges the con-
trary. Both claim the jewels from B. B may institute an inter-pleader suit
against A and C.
465. Where the suit is projierly instituted the Court may provide charge for
for the costs of the original plaintiff by giving him a charge on J.'o^f"'''^'^
the thing claimed or in some other effectual way.
PART IV.
SPECIAL PROCEEDINGS.
Chapter XXXVIII.
SPECIAL CASE.
466. (i) Parties claiming to be interested in the decision of any power to state
question of fact or law may enter into an agreement in writing o^|;io°^ *"°"'^''^
stating such question in the form of a case for the opinion of the
Court and providing that, upon the finding of the Court Avith resjDect
to such question,
(a) a sum of money fixed by the parties or to be determined by
the Court shall be paid by one of the parties to the other
of them ; or
(b) some property, movable or immovable, si^ecified in the
agreement shall be delivered by one of the parties to the
other of them ; or
(c) one or more of the parties shall do, or refrain from doing,
some other particular act specified in the agreement.
(ii) Every case stated under this section shall be divided into
consecutively numbered paragraphs and shall concisely state such
facts and specify such documents as may be necessary to enable the
Court to decide the question raised thereby.
467. Where the agreement is for the delivery of any property, or where vauie of
for the doing, or the refraining from doing, any particular act, the ™ust'be"statel
estimated value of the property to be delivered, or to which the act
specified has reference, shall be stated in the agreement.
468. (i) The agreement, if framed in accordance with the Agreement to
XJrovisions of this Chapter, may be filed in the Court A\hich would ',,j,,f,'^ere.'/'L
have jurisdiction to entertain a suit, the amount or value of the suit.
subject-matter of which is the same as the amount or value of the
subject-matter of the agreement.
(ii) The agreement, when so filed, shall be numbered and registered
as a suit between one or more of the parties claiming to be mterested,
as plaintiff or plaintiffs, and the other or others of them as defendant
or defendants ; and notice shall be given to all the parties to
the a,greement, other than the party or parties by whom it was
presented.
452
No. 15 OF 1918.
Parties to be
subject to
Court's juris-
diction.
Hearing and
disposal of
case.
Institution o£
summary suits
for debts or
liquidated
demands.
469. Where the agreement has been filed, the parties to it shall be
subject to the jurisdiction of the Court and shall be bound by the
statements contained therein.
470. (i) The case shall be set down for hearing as a suit instituted
under Chapter VI, the provisions of which shall apjily to such suit so
far as the same are applicable.
(ii) Where the Court is satisfied, after examination of the j)arties
or after taking such evidence as it thinks fit,
(a) that the agreement was duly executed by them, and
(/>) that they have a bond fide interest in the question stated
therein, and
(c) that the same is fit to be decided,
it shall proceed to pronounce judgment thereon in the same way as
in an ordinary suit, and upon the judgment so pronounced a decree
shall follow.
Chapter XXXIX.
SUMMARY PROCEDURE ON CLAIMS FOR DEBT OR
LIQUIDATED DEMANDS.
471. (i) In all suits in the Supreme Court, or in any other Court
to which this Chapter applies, where the plaintiff seeks only to
recover a debt or liquidated demand in money payable by the
defendant, with or without interest, arising
(a) upon a bill of exchange, promissory note, cheque, or bond,
or upon a lease or upon any other contract, express or
implied, for payment of a liquidated amount of money, or
(h) upon a guarantee, where the claim against the principal is
in respect of a debt or liquidated demand only, or
(c) upon a trust,
the plaint may, if the plamtiff desires to proceed summarily, be
headed with the words " Summary Procedure," which heading shall
be signed in the manner prescribed for the signature of jilaints. In
every such case the summons shall be in the form contained in the
third schedule. No. 161, or in such other form as the Judicial
Commissioners, by notification in the Gazette, may from time to time
prescribe.
(ii) In any case in which the plaint and summons are in accordance
with the provisions of sub-section (i), the defendant shall not
appear or defend the suit unless he obtains leave from the Court as
hereinafter mentioned so to appear and defend.
(iii) In default of the defendant obtaining such leave or of
aj)pearance and defence in pursuance thereof the plaintiff shall be
entitled to a decree for any sum not exceeding the sum mentioned in
the summons, together with interest at the rate specified (if any) or,
if no rate be specified, at the rate of eight per cent, per annum to the
date of the decree, and a sum for costs to be fixed by a rule of the
Judicial Commissioners published in the Gazelle, unless the plaintifi^
claims more than such fixed sum, in which case the costs shall be
ascertained in the ordinary way, and such decree may be enforced
forthwith.
CIVIL PROCEDURE CODE. 453
472. (i) The Court shall, upon application by the defendant, give Defendant, on
leave to appear and to defend the suit, upon the defendant pajdng court*^or w°
into Court the sum mentioned in the summons or upon evidence, disclosing a
satisfactory to the Court, which discloses a defence or such facts as leave to appear.
the Court may deem sufficient to support the application, and on
such terms as to security, framing and recording issues, or otherwise,
as the Court thinks fit.
(ii) The defendant shall not be required to pay into Court the sum
mentioned in the summons or to give security therefor unless the
Court thinks his defence not to be primd facie sustainable or feels
reasonable doubt as to its good faith.
473. Where in a suit under this Chapter there are several where some,
defendants of whom one or more obtain leave to appear and defend acfe^dants
and another or others of them fail to obtam such leave, the plaintiff f,gfg'j^j^*' *°
shall be entitled to a decree, as in Section 471 provided, against such
as have not obtained leave to appear and defend and may proceed to
execution of such decree without jorejudice to his right to proceed
with the suit agamst such as have obtained leave to defend.
474. Where it appears that the defence set up by the defendant Decree for part
applies only to a part of the plaintiff's claim or that any part of his "^'^i^™-
claim is admitted, the plaintiff shall be entitled forthwith to a decree
for such part of his claim as the defence does not apply to or as is
admitted, subject to such terms, if any, as to suspending execution
or otherwise as the Court may think fit ; and the defendant may
be allowed to defend as to the residue of the plaintiff's claim.
475. Where in any proceeding under this Chapter it appears improper
that there is included in the plaint a claim not bemg a debt or iialms!"^
liquidated demand in money such as is referred to in Section 471, the
Court may, if it thuiks fit, forthwith amend the plaint by striliing
out such claim or may deal with the debt or liquidated demand
proper to such plaint as if no other claim had been included in the
plaint and allow the suit to proceed as respects the residue of the
claim.
476. After decree the Court may, under special circumstances, rower to set
set aside the decree and, if necessary, stay or set aside execution ^'skIc decree.
and may give leave to appear and defend the suit, if it seems reason-
able to the Court so to do, and on such terms as the Court thinlis fit.
477. In any proceeding under this Chapter the Court may order Power to order
bill, etc., to be
(a) that any bill, note, or other document on which the suit is o|^P°efo*fa.urt
founded be forthwith deposited with an officer of the
Court ;
(b) that all proceedings be stayed until the plaintiff gives
security for the costs thereof.
478. The holder of every dishonoured bill of exchange or Recovery of
promissory note shall have the same remedies for the recovery of the no'|'.aPe"ptan^e
expenses incurred in noting the same for non-acceptance or of dishonoured
non-payment, or otherwise, by reason of such dishonour, as he has ^'" '"' ""^'''■
under this Chapter for the recovery of the amount of such bill or note.
454
No. 15 OF 1918.
Procedure in
suits under
Chapter.
Application of
Chapter to
Courts of
Magistrates.
479. Except as provided by Sections 471 to 478 (both inchisive),
the procedure in suits under this Chapter shall be the same as the
procedure in suits instituted under Chapter VI.
480. The Resident of a State may from time to time with the
approval of the Chief Secretary, by notification in the Gazette, apply
the provisions of this Chapter to any Court of a Magistrate of the
First Class in such State, and may, with such approval as aforesaid,
cancel any such notification.
Originating
summons relat-
ing to express
administration
of the estate of
a deceased
person.
Order for
administration
of movable and
immovable
property.
Chapter XL.
PROCEDURE BY WAY OF ORIGINATING SUMMONS.
481. (i) The executors or administrators of a deceased person, or
any of them, and the trustees under any instrument, or any of
them, and any person claiming to be interested in the relief sought
as creditor, devisee, legatee, or next-of-kin of a deceased person, or
as cestui que trust under the trusts of any instrument, or as
claiming by assignment or otherwise under any such creditor or
other person as aforesaid, may take out as of course an originating
summons, returnable in Chambers, for such relief of the nature or
kind following as may by the summons be specified and as the
circumstances of the case may require, that is to say, the deter-
mination, without an administration of the estate or trust, of any
of the following questions or matters :
{a) any question affecting the rights or interests of any person
claiming to be creditor, devisee, legatee, next-of-ldn, or
cestui que trust ;
(b) the ascertainment of any class of creditors, legatees, devisees,
next-of-kin, or others ;
(c) the furnishing of any particular accounts by the executors
or administrators or trustees, and the vouching (where
necessary) of such accounts ;
(d) the payment into Court of any money in the hands of
executors or administrators or trustees ;
{e) directing the executors or administrators or trustees to do
or abstain from doing any particular act in their character
as such executors or administrators or trustees ;
(/) the approval of any sale, purchase, compromise, or other
transaction ;
(g) any question arising in the administration of the estate or
trust,
(ii) The issue of a summons under this section shall not interfere
with or control any power or discretion vested in any executor,
administrator, or trustee, except so far as such interference or control
may necessarily be involved in the particular relief sought.
482. Any of the persons named in the last preceding section may
in like manner apply for and obtain an order for
(a) the administration of tiie movable and immovable j^roperty
of the deceased ';
(6) the administration of the trust.
CIVIL PROCEDURE CODE. 455
483. The persons to be served with the summons under the last Persons to be
two preceding sections in the first instance shall be the following, ^^'''^'^^
that is to say —
A. Where the summons is taken out by an executor or adminis-
trator or trustee :
(a) for the determination of any question under paragraph
(a), (e), (/), or (y) of Section .481 (i), the persons or one
of the persons whose rights or interests are sought to be
afiPected ;
{b) for the determination of any question under paragraph {h)
of Section 481 (i), any member or alleged member of the
class ;
(c) for the determination of any question under paragraph (c)
of Section 481 (i), any person mterested in taldng such
accounts ;
(d) for the determination of any question under paragraph {d)
of Section 481 (i), any person interested in such money ;
(e) for relief under paragraph (a) of Section 482, the residuary
legatees or next-of-kin or some of them ;
(/) for relief under paragraph (b) of Section 482, the cestuis
que trustent or some of them ;
{(j) if there are more than one executor or administrator or
trustee and they do not all concur in taking out the
summons, those who do not concur.
B. Where the summons is taken out by any person other than
the executors, administrators, or trustees, the said executors,
administrators, or trustees.
484. (i) Any person claiming to be interested under a will or originating
other written instrument may apply by originating summons for reirt'in<''^t
the determination of any question of construction arising under questiolisof
the instrument, and for a declaration of the rights of the persons '^°'^'^™'^'*'°"-
interested.
(ii) The Court or a Judge thereof may direct such persons to be
served with the summons as it or he may think fit.
(iii) The application shall be supported by such evidence as the
Court or Judge may require.
(iv) The Court or Judge shall not be bound to determine any
such question of construction, if the question is not one which ought
to be determined on an originating summons.
485. Any of the following applications may be made by originating originating
summons or, if made in a suit, by summons :
(a) an application for the appointment of a new trustee, with orTersrand
or without a vesting or other consequential order ; f""*^ "» Court
(6) an application for a vesting order, or other order consequential
on the appointment of a new trustee, whether the appoint-
ment is made by the Court or by a Judge thereof or out
of Court ;
summons
relating to new
trustees, vesting
456
No. 15 OF 1918.
other applica-
tioii by originut-
ing summons.
Court not
bound to order
administration.
(c) an application for a vesting or other consequential order in
any case where a decree or order has been passed or made
for the sale, conveyance, or transfer of any immovable
property or stock, or the suing for or recovering any thing
in action ;
(d) an application relating to funds paid into Court in a suit
or matter.
486. Any application to the Court in its civil jurisdiction, not
being between a plaintiff and defendant and not being in a pending
suit or matter, may be by way of originating summons, unless some
other mode of procedure for such application is prescribed by written
law.
487. It shall not be obligatory on the Court or a Judge thereof
to pass or make a decree or order, whether on summons or otherwise,
for the administration of any trust or of the estate of any deceased
person, if the questions between the parties can be properly deter-
mined without such decree or order.
Orders whicli
may be made on
applications for
administration
or execution o£
trusts, where
no accounts or
insufficient
accounts have
been rendered.
Appointment of
now time wiien
summons not
served within
time.
Service of
originatinf;
Eummons.
488. Upon an application for administration or execution of
trusts by a creditor or beneficiary under a will, intestacy, or instru-
ment of trust where no accounts, or insufficient accounts, have been
rendered, the Court or a Judge thereof may, in addition to the
powers already existing,
(a) order that the application shall stand over for a certain time
and that the executors, administrators, or trustees shall
in the meantime render to the applicant a proper state-
ment of their accounts, with an intimation that if this is
not done they may be made to pay the costs of the
proceedings ;
(6) where necessary to prevent proceedings by other creditors,
or by persons beneficially interested, pass or make the
usual decree or order for administration, with a proviso
that no proceedings are to be taken under such decree or
order without leave of the Judge in person,
489. An originating summons, where service is necessary, shall
be served eight days before the return thereof ; but, where from
any cause an originating summons may not have been served upon
any party eight days before the return thereof, an endorsement
may be made upon the summons, and upon a copy thereof stamped
for service, appointing a new time for the parties not before served
to attend at Chambers, and such endorsement shall be initialled by
the Registrar, and, where any party has been served before such
endorsement, the hearing thereof may, upon the return of the
summons, be adjourned to the new time appointed.
490. An originating summons shall be served in the manner
prescribed by Chapter VII for service of summons and may, by
leave of a Judicial C-ommissioner to be obtained on summons, be
served out cif tlif T'ederated Malav States.
CIVIL PROCEDURE CODE. 457
Chapter XLI.
SUITS RELATING TO PUBLIC CHARITIES.
491. (i) Where in any State breach is alleged of any express or where suits
constructive trust created for public purposes of a charitable or pubiicdiantics
religious nature, or where in any State the direction of the Court is may be brought.
deemed necessary for the administration of any such trust, any
public officer nominated in that behalf in \\Titing bj^ the Resident
of such State or any two or more persons having an interest in the
trust and having obtained the consent in writing of the said Resident
may institute a suit in the Supreme Court to obtain a decree
(a) removing any trustee ;
(6) appointing a new trustee ;
(c) vesting any property in a trustee ;
{d) declaring what proportion of the trust-property or of the
interest therein shall be allocated to any particular object
of the trust ;
(e) authorizing the whole or any part of the trust-property to
be let, sold, mortgaged, or exchanged ;
(/) settling a scheme for the management of the trust ; or
{y) grantmg such further or other reHef as the nature of the
case may require.
(ii) Neither the Resident of the State nor any public officer
nominated as aforesaid shall be personally liable for costs in any
such suit.
(iii) No Court fees shall be charged in any suit instituted by a
public officer under this Chapter.
PART V.
PROVISIONAL REMEDIES.
Chapter XLII.
ARREST AND ATTACHMENT BEFORE JUDGMENT.
ARREST BEFORE JUDGMENT.
492. Where at any stage of a suit, other than a suit for the where
possession of immovable property, the Court is satisfied by affidavit bf recf^^red tT
or other evidence on oath fumish security
for appearantc.
(a) that the defendant, with intent to delay the plaintiff or to
avoid any process of the Court or to obstruct or delay
the execution of any decree that may be passed against
him,
(1) has absconded or left the jurisdiction of the Court, or
(2) is about to abscond or to leave the jurisdiction of the
Court, or
458
No. 15 OF 1918.
Order for
deposit or
security.
I'rocedure on
application
by surety to be
discharged.
Procedure
'.\liere
defendant
fiiils to furnish
security or lind
fresh security.
Subsistence of
defendants
arrested.
(3) has disposed of or removed from the jurisdiction of the
Court his property or any part thereof, or
(?>) that the defendant is about to leave the Federated Malay
States under circumstances affording reasonable proba-
bility that the plaintiff will or may thereby be obstructed
or delayed, in the execution of any decree that may be
passed against the defendant in the suit,
the Court may issue a warrant to arrest the defendant and bring
him before the Court to shew cause why he should, not furnish
security for his appearance.
Provided that the defendant shall not be arrested if he pays to
the officer entrusted with the execution of the warrant any sum
sjDecified in the warrant as sufficient to satisfy the plaintiff's claim ;
and such sum shall be held in deposit by the Court until the suit is
disposed of or until the further order of the Court.
493. (i) Where the defendant fails to shew such cause, the Court
shall order him either to deposit in Court money or other property
sufficient to answer the claim against him, or to furnish security for
his appearance at any time Avhen called upon while the suit is
pending and until satisfaction of any decree that may be passed
against him in the suit, or shall make such order as it thinks fit
with regard to the sum wliich may have been paid by the defendant
under the proviso to the last preceding section.
(ii) Every surety for the appearance of a defendant shall bind
himself to pay, in default of such appearance, any sum of money
which the defendant may be ordered to pay in the suit.
494. (i) A surety for the appearance of a defendant may at any
time apply to the Court in which he became such surety to be
discharged from his obligation.
(ii) On such application being made the Court shall summon the
defendant to appear, or, if it thinks fit, may issue a warrant for his
arrest in the first instance.
(iii) On the appearance of the defendant in pursuance of the
summons or warrant, or on his voluntary surrender, the Court shall
direct that the surety be discharged from his obligation and shall
call upon the defendant to find fresh security.
495. Where the defendant fails to comply with any order under
Section 493 or Section 494, the Court may order that he be detained
in the civil prison until the decision of the suit.
Provided that no person shall be detained in prison under this
section in any case for a longer period than three months, nor
for a longer period than six weeks when the amount or value of the
subject-matter of the suit does not exceed five hundred dollars.
Provided further that no person shall be detained in prison under
this section after he has complied with such order.
496. The provisions of Section 332 as to allowances payable for
the subsistence of judgment-debtors shall apply to all defendants
arrested under this Chapter.
CIVIL PROCEDURE CODE. 459
ATTACHMENT BEFORE JUDGMENT.
497. (i) Where at any stage of a suit the Court is satisfied by where
affidavit or other evidence on oath that the defendant, with intent bo nTqliTrcd'to*'
to obstruct or deLay the execution of any decree that may be passed fumLsu security
, T . ./ J. fgj. production
against him, of property.
(a) is about to dispose of the whole or any part of his property
or to remove the same from the jurisdiction of the Court
in which the suit is pending, or
(6) has quitted, or is about to quit, the jurisdiction of the Court,
leaving therein property belonging to him,
the Court may direct the defendant, Avithin a time to be fixed by the
Court, either to furnish security, in such sum as may be specified in
the order, to produce and place at the disposal of the Court, when
required, the said property or the value of the same or such portion
thereof as may be suificient to satisfy the decree, or to appear and
shew cause why he should not furnish security.
(ii) The plaintiff shall, unless the Court otherwise directs, specify
the property required to be attached and the estimated value thereof.
(iii) The Court may also in the order direct the conditional
attachment of the whole or any portion of the property so specified.
498. (i) Where the defendant fails to shew cause whv he should Attachment
not furnish security, or fails to furnish the security required, within ^own oT^'^"''
the time fixed by the Court, the Court may order that the property security not
specified, or such portion thereof as appears sufficient to satisfy any
decree which may be passed in the suit, be attached.
(ii) Where the defendant shews such cause or furnishes the
required security, and the property specified or any portion of it has
been attached, the Court shall order the attachment to be withdrawn.
499. The attachment shall be made in the manner provided for Moje of making
the attachment of property in execution of a decree. attachment.
500. Where any claim is preferred to property attached before investigation of
judgment, such claim shall be investigated in the manner herein- propert*y
before provided for the investigation of claims to property attached •^^jtf^euV^'^^'"^^
in execution of a decree for the payment of money.
501. Where an order is made for attachment before judgment, withdrawal of
the Court shall order the attachment to be withdrawn when the ^*ien'^sTcurW
defendant furnishes the security required, together mth security for fnniished or
the costs of the attachment, or when the suit is dismissed.
502. Attachment before judgment shall not affect the rights. Attachment not
existing prior to the attachment, of persons not parties to the suit, of stTanl'm,'*"^
nor bar any person holding a decree against the defendant from "or bar decree-
applying for the sale of the property under attachment in execution applying for
of such decree. ^^'®"
503. Where property is under attachment by virtue of the Property
provisions of this Chapter and a decree is subsequently passed in ci'^pter' ""'^*""
favour of the plaintiff, it shall not be necessary upon an application need not be
for execution of such decree to apply for a re-attachment of the exe^cutioifof "
property. decree.
460
No. 15 OF 1918.
Compensation
for obtaining
arrest or
attachment on
insufficient
grounds.
COMPENSATION FOR IMPROPER ARRESTS OR ATTACHMENTS.
504. (i) Where, in any suit in which an arrest or attachment
before judgment has been effected,
(a) it appears to the Court that such arrest or attachment was
appHed for on insufficient grounds, or
(6) the suit of the plaintiff fails, and it appears to the Court
that there was no reasonable ground for instituting the
suit,
the Court may, on the application of the defendant, award against
the plaintiff by its order such amount, not exceeding one thousand
dollars, as it deems a reasonable compensation to the defendant for
the expense or injury caused to him by the arrest or attachment.
Provided that a Court shall not award under this section a larger
amount than it might decree in a suit for compensation.
(ii) An award under this section shall bar any suit for compensa-
tion in respect of such arrest or attachment.
Chapter XLIII.
TEMPORARY INJUNCTIONS AND INTERLOCUTORY
ORDERS.
Cases in which
temporary
injunction may
be granted.
Injunction to
restrain breach
of contract or
otlier injury.
TEMPORARY INJUNCTIONS.
505. Where in any suit it is proved by affidavit or other evidence
on oath
(a) that any property in dispute in a suit is in danger of being
wasted, damaged, or alienated by any party to the suit,
or wTongfully sold in execution of a decree, or
{h) that the defendant threatens, or intends, to remove or
dispose of his property with a view to defraud his creditors,
the Court may by order grant a temporary injunction to restrain such
act, or make such other order for the purpose of staying and
preventing the wasting, damaging, alienation, sale, removal, or
disposition of the property as the Court thinks fit until the suit is
disposed of or until further orders.
506. (i) In any suit for restraining the defendant from committing
a breach of contract or other injury of any kind, whether compensa-
tion is claimed in the suit or not, the plaintiff may, at any time after
the commencement of the suit and either before or after judgment,
apply to the Court for a temporary injunction to restrain the
defendant from committing the breach of contract or injury com-
plained of, or any breach of contract or injury of a like kind arising
out of the same contract or relating to the same property or riglit.
(ii) The Court may by order grant such injunction on such terms
as to the duration of the injunction, keeping an account, giving
security, or otherwise, as the Court thinks fit,
(iii) In case of disobedience to an injunction granted under this
section or Section 505 or of breach of any of the terms imposed, the
CIVIL PROCEDURE CODE.
461
Court whicli granted the injunction may order the property of the
person guilty of such disobedience or breach to be attached and may
also order such person to be detained in the civil prison for a term not
exceeding six months unless in the meantime the Court directs his
release.
(iv) No attachment under this section shall remain in force for
more than one year, at the end of which time, if the disobi^lience
or breach continues, the property attached may be sold, and out of
the proceeds the Court may award such compensation as it thinks
fit and shall pay the balance, if any, to the party entitled thereto.
507. The Court shall in all cases, except where it apjoears that the Before grantin?
object of granting the injunction would be defeated by the delay, to dii'ect noti"r
before granting an injunction, direct notice of the application for to opposite
the same to be given to the opposite party. '^^"^ ^"
508. Any order for an injunction may be discharged or varied
or set aside by the Court on application made thereto by any party
dissatisfied with such order.
509. An injunction directed to a corporation is binding not only
on the corporation itself but also on all members and officers of the
corporation whose personal action it seeks to restrain.
510. (i) Where
(a) it ajDpears to the Court that an injunction which it has
granted was applied for on insufficient grounds, or
(6) after the issue of the injunction the suit of the plaintiff
fails by default or otherwise, and it appears to the Court
that there was no reasonable ground for instituting the suit,
the Court may, on the application of the defendant, award against
the plaintiff by its order such sum, not exceeding one thousand
dollars, as it deems a reasonable compensation to the defendant for
the expense or injury caused to him by the issue of the injunction.
Provided that a Court shall not award under this section a larger
amount than it might decree in a suit for compensation.
(ii) An award under this section shall bar any suit for compensa-
tion in respect of the issue of the injunction.
Order for
injunction may-
be discharged,
varied, or set
aside.
Injunction to
corporation
binding: on its
members and
officers.
Compensation
for issue of
injunction on
insufficient
grounds.
INTERLOCUTORY ORDERS.
511. The Court may, on the application of any party to a suit, order for
order the sale, by any person named in such order, and in such '"terim sale.
manner and on such terms as it thinks fit, of any movable property
being the subject of such suit which is subject to speedy and natural
decay or which for any other just and sufficient cause it may be
desirable to have sold at once.
512. (i) The Court may, on the application of any party to a suit, order for
and on such terms as it thinks fit, detention,
preservation,
(a) make an order for the detention, preservation, or inspection >'fpeotion, etc,
p . 1 • 1 • ,1 , . ' „ ^, ofsubiect-
ot any property which is the subject-matter of such suit matter of suit.
or as to which any question may arise therein ;
462
No. 15 OF 1918.
Application for
such oi'ders to
be after uotice.
Deposit of
money, etc.,
in Court.
(6) for all or any of the purposes aforesaid, authorize any person
to enter upon or into any land or building in the possession
of any other party to such suit ; and
{c) for all or any of the purposes aforesaid, authorize any
samples to be taken, or any observation to be made or
experiment to be tried, which may seem necessary or
expedient for the purpose of obtaining full information
or evidence.
(ii) The provisions hereinbefore contained as to execution of
process shall apply, mutatis mutandis, to persons authorized to enter
under this section.
513. (i) An application by the plaintiff for an order under
Section 511 or Section 512 may be made after notice in writing to the
defendant at any time after institution of the suit.
(ii) An application by the defendant for a like order may be made
after notice in writing to the jalaintiff at any time after service of the
summons.
514. Where the subject-matter of a suit is money or some other
thing capable of delivery and any party thereto admits that he holds
such money or other thing as a trustee for another party, or that it
belongs or is due to another party, the Court may order the same to
be deposited in Court or delivered to such last-named party, with or
without security, subject to the further direction of the Court.
Power of Court
to appoint
receivers.
Chapter XLIV.
APPOINTMENT OF RECEIVERS.
515. (i) Where it appears to the Court to be just and convenient,
the Court may by order
(a) appoint a receiver of any property, whether before or after
decree ;
(6) remove any person from the possession or custody of the
property ;
(c) commit the same to the possession, custody, or management
of the receiver ; and
{d) grant to the receiver, not being a salaried officer of the
Government other than an official receiver, such fee or
commission on the rents and profits of the property by
way of remuneration as the Court thinks fit, and confer
upon him all such powers as to bringing and defending
suits and for tlie realization, management, protection,
preservation, and improvement of tlie propcuty, the
coUeciion of the rents and profits thereof, the application
and disposal of such rents and profits, and the execution
of documents, as the owner himself has or such of those
powers as the Court thinks fit.
(ii) Nothing in this section authorizes the Court to remove from
the possession or custody of property any person whom any party to
the suit has not a present right so to remove.
CIVIL PROCEDURE CODE. 463
516. Every receiver so appointed shall Duties of
(a) furnish such security (if any) as the Court thinks fit, duly
to account for what he shall receive in respect of the
property ;
(h) submit his accounts at such periods and in such form as
the Court directs ;
(c) pay the amount due from him as the Court directs ; and
(d) be responsible for any loss occasioned to the property by
his wilful default or gross negligence,
517. Where a receiver Enforcement of
(a) fails to submit his accounts at such periods and in such "Xi!"^'^
form as the Court directs, or
{b) fails to pay the amount due from him as the Court directs, or
(c) occasions loss to the property by his wilful default or gross
negligence,
the Court may direct his property to be attached and may sell such
property and may apply the proceeds to make good any amount
found to be due from him or any loss occasioned by him and shall pay
the balance, if any, to the receiver,
518. (i) The Resident of a State may, with the approval of the powerof
Chief Secretary, from time to time by notification in the Gazette ^p*^o|ntofficiai
appoint for such State an official receiver, or official receivers, for the receivers.
purposes of this Code,
(ii) Such official receiver or receivers may be appointed either by
name or by office, and one official receiver may be appointed for a
whole State or different official receivers for the different districts of
a State,
(iii) From and after the appointment of any such official receiver
for any State or district, no Court acting under this Code shall
appoint any person, other than the official receiver for such State or
district, to be a receiver witliin such State or district, as the case may
be, for any of the purposes of this Code,
(iv) All remuneration allowed by the Court to any official receiver
shall be paid into the Treasury and shall form part of the public
revenue,
(v) The Resident of a State may, with the approval of the Chief
Secretary, from time to time by notification in the Gazette fix scales
of remuneration to be allowed within such State to official receivers,
and thereupon such remvnieration, and no other, shall be allowed
within such State by the Courts.
(vi) No official receiver shall be required by any Court to give
security ; but the Resident of a State may require any official
receiver within such State to give such security as he may think fit.
(vii) In each State there shall be jiaid to official receivers such
salaries as may be fixed by the Resident of the State, wdth the
approval of the Chief Secretary.
(viii) Every official receiver shall, in any matter in which he is
appointed a receiver, conform to the directions of the Court which
appointed him.
464
No. 15 OF 1918.
PART VI.
REMEDIES OF LANDLORDS.
Expiration of
notice.
Chapter XLV.
TERMINATION OF TENANCIES AND DISTRESS FOR
RENT.
NOTICE TO QUIT.
519. Where rent due by the tenant, otherwise than for a term
certain, of any house or premises to the landlord thereof has remained
unpaid for not less than fifteen days after payment thereof became
due and still remains unpaid, then, in the absence of an express
stipulation between the parties to the contrary, any notice to quit
given by the landlord to the tenant shall, if the length thereof be
otherwise sufficient, expire on such day as may by the terms of the
notice be appointed for the expiration thereof, whether such day
coincide with the termination of some period of the tenancy or not.
Inte retation.
No levy of
distress except
under this
Chapter.
Who may apply.
rorm of
application.
Attorney may
apply.
DISTRESS.
520. In this Chapter, unless inconsistent with the context,
" Bailiff " includes any person authorized by a Court to execute a
warrant of distress under this Chapter, and " officer in possession "
means the person lawfully in possession of property under a warrant
of attachment in execution of a decree.
521. No distress shall be levied for arrears of rent except under
the provisions of this Chapter. But nothing in this Chapter
applies to
(a) rent due to any of the Rulers of the Federated Malay States
or to the Government of the Federated Malay States or
of any of them ;
(h) rent due for a period anterior to the twelve completed
months of the tenancy immediately preceding the date
of the application under this Chapter.
522. Any person claiming to be entitled to arrears of rent of
any house or premises may apply for a warrant of distress as
hereinafter mentioned.
523. The application shall bo by affidavit and may be made to
any Court which would have jurisdiction to hear and determine a
suit for the arrears claimed. It shall be entitled as a suit, adding
the word " Distress," and the landlord shall be plaintitT and tlie
tenant defendant, and it shall be in the form in the third schedule,
with such variations as circumstances may require.
524. The application may be presented by any attorney or agent
authorized in writing to levy distress. The document appointing
such attorney or agent may be either general or for the particular
case. Such power may be in the form in the third schedule, with
such variations as circumstances may require, and shall be produced
at the time of api)lication.
CIVIL PROCEDURE CODE. 465
525. The Court may order a warrant of distress to be issued or issue oc
may refuse the application. If a warrant is issued, it shall be ^^'"™"t.
returnable within six days and shall be in the form in the third
schedule, Avith such variations as circumstances may require.
526. (i) In pursuance of such warrant the Bailiff shall seize the wimt may be
movable jjroiDerty found in or upon the house or premises mentioned ^'^'^'=''-
iu the warrant and in the aj)parent possession of the defendant or
such part thereof as may in the Bailiff's judgment be sufficient to
cover the amount of the said rent together with the costs of the
said distress.
(ii) The Bailiff shall not seize
(a) things in actual use in the hands of a person at the time
of the seizure ;
(h) tools and implements not in use, where there is other movable
property in or upon the house or premises sufhcient to
cover such amount and costs ;
. (c) goods of temporary guests at an inn ;
(d) goods of lodgers in a furnished lodging-house ;
(e) the debtor's necessary wearing- apparel ;
(/) goods in the custody of the law ;
{g) goods delivered to a person exercising a public trade to be
carried, MTought, worked up, or managed in the A^ay of
his trade,
527. The Bailiff may impound or other\Anse secure the property Power to
seized in or upon the premises chargeable with the rent or, if neces- "r remove.
sary, remove the same.
528. On seizing any property under Section 526, the Bailiff shall inventory an.i
make an inventory of such property and an approximate valuation
thereof and shall give a notice in writing in the form in the third
schedule, with such variations as circumstances may require, to
the defendant, if he be upon the premises, or to any person who
may be there on the defendant's behalf ; and, if there shall be no
such person on the premises, the Bailiff shall post the notice in
some conspicuous place on the premises and shall, as soon as may
be, file in Court copies of the said inventory, valuation, and notice.
Such notice shall state the date of the intended sale.
529. (i) The defendant, or any other person alleging himself to Application to
be the owner of any property seized under this Chapter, or the duly '^'^'''^^'^se.
constituted attorney of such defendant or other person, may at
any time within five days from such seizure, on twenty-four hours'
notice to the plamtiff setting out the ground on which the claim is
founded, apply to the Court from which the warrant of distress
issued to discharge or suspend the warrant or to release a distrained
article, and the Court may discharge or suspend the warrant or
release such article accordingly upon such terms as it may think fit.
(ii) The person against whom an order under this section is made
in respect of property seized may institute a suit to establish the
right which he claims in respect of such property, but, subject to
the result of such suit, if any, the order shall be conclusive.
Ill— 30
estimate of
value.
466
No. 15 OF 1918.
When projicrty
shall be sold.
Penalty.
Property
exceeding
one hundred
dollars to be
sold by licensed
auctioneer.
Application of
proceeds of sale.
Provision for
distress by one
of joint ovvneis.
Eepresentative
or fiduciary
capacity of
person issuing
distress.
Lessee against
under-lessee.
Distress after
term.
Landlord's
claim to be
satisfied.
530. (i) In default of any order to the contrary, the distrained
property shall be sold on the day and at the place mentioned in
the notice. All sales under this Chapter shall be made by public
auction between the hours of 8 a.m. and 6 p.m., and notice of every
such sale shall be posted at the door of the Court.
(ii) Any person making or abettmg a sale in contravention of the
provisions of this section shall be liable, on conviction before the
Court of a Magistrate, to a fine not exceeding one hundred dollars,
531. Where the approximate vahiation of the property seized
exceeds one hundred dollars, the sale shall be conducted by an
auctioneer licensed to conduct sales under the Auction Sales
Enactments, 1905, or other statutory provision for the licensmg of
auctioneers, and in other cases by the Bailiff, For the purposes of
sale the distrained property may be removed to the auctioneer's
sale room or other suitable place, and any property remaining
unsold after satisfaction of the distress and the expenses thereof
shall be returned without delay to the place from which it was
removed.
532. The Bailiff shall apply the proceeds of sale, first in payment
of the costs of the distress, then in satisfaction of the debt, and the
surplus (if any) shall be returned to the defendant. The Bailiff
shall keep a record of all sums so received and of the application
thereof.
533. Where a right to distrain accrues to persons jointly or
together interested m any premises, such right may be exercised by
any one of such persons in his own name and the names of those
jointly or together interested with him, and the levy shall be a
complete discharge to the defendant for the amount recovered ;
but the Judge may in any case require the party so applying to
produce a written authority to distrain, signed by the other persons
jointly or together interested with him.
534. Where a right to recover arrears of rent accrues to persons
in a representative or fiduciary capacity, as in the case of executors,
administrators, guardians of minors, committees of lunatics, receivers,
the official assignee, chargees in possession, or trustees, such persons
may distrain under the provisions of this Chapter for the rent due,
whether the same accrued due before or after the date on which
they acquired such representative or fiduciary capacity.
535. Lessees may distrain against under-lessees.
536. Arrears of rent may be distrained for after the end or
determination of any term or tenancy at will in the same manner
as if such term or tenancy had not been ended or determined ;
provided that such distress be made during the continuance of the
possession of the tenant from whom the arrears are due.
537. No movable property shall be removed from any premises
under any \\arrant of execution from any Court, other than warrants
for the execution of decrees in favour of .the Chief Secretary or of
any of the Federated Malay States or the Ruler thereof or the
Government of the said States or of any of them, till the claim for
CIVIL PROCEDUKE CODE. 467
the rent due to the landlord, or lessor, or person entitled to receive
the rent, is satisfied ; provided that such claim shall not in any
case exceed the amount due for the last six months' rent.
538. Where movable property otherwise liable to distress for procedure
rent is at the time of the issue of any warrant of distress, or there- where property
. '' ' IS already iiuafr
after before seizure under such warrant, seized under any warrant seizure.
of execution from any Court, the Bailiff shall not seize such movable
property but shall, unless both warrants are in the hands of the
same officer, deliver a copy of the warrant of distress to the officer
in possession, who shall (except Avhere the warrant of execution
is for the execution of a decree in favour of the Chief Secretary or
of any of the Federated Malay States or the Ruler thereof or the
Government of the said States or of any of them) out of the first
moneys to arise by any sale of such movable property, after pay-
ment of the expenses of such sale, pay to the Bailiff the amount
mentioned in such warrant of distress with the costs of the same ;
provided that if the amount mentioned in such warrant of distress
shall exceed the amount due for six months' rent last past, the
amount of six months' rent and costs, and no more, shall be paid
on the distress.
539. The officer in possession, upon receiving such copy of the Notice by officer
warrant of distress, or upon any warrant of distress being delivered '° t*"^^®^*'""-
to him for levy, shall notify the decree-holder or his solicitor and
shall also (by delivermg a notice in writing upon the premises in
which the property was seized) notify the judgment-debtor of the
receipt of such warrant of distress and the amount claimed there-
under ; and such decree-holder or judgment-debtor, or either of
them, may apply to the Court to discharge or susjiend the warrant
of distress within the time and in the manner provided by this
Chapter for applications to discharge or suspend warrants of
distress.
540. Where any execution is paid off a,fter service of a copy of a officer in
warrant of distress upon the officer in possession, such officer shall ^'°vfiioti"e*of
forthwith, before giving up possession or leaving the premises, give payment off of
notice thereof to the Bailiff. execution.
541. (i) If any tenant or lessee, or person in possession or Tenant evaiUns
occupation, of any jiremises on which an arrear of rent is due, remova/o^i
recoverable by distress, shall carry away, or cause or permit to be goods.
carried away, from the premises any property liable to be seized for
such rent, so as to prevent or hinder the distraint of the same, a
Judge may, on a summary application supported by affidavit,
authorize the officer executing a warrant of distress and the persons
acting under him to follow, take, and seize such property under the
warrant of distress wherever it may be found within thirty days
from the day of removal, exclusive of the day of removal, and to
deal with such property as if it had been found on the jDremises
distrained and, if advisable, to replace the same on the premises
from which it may have been removed. Provided that an officer
executing a warrant of distress may, without such authority, follow
and seize any such property found by him in the act of being
removed from any such premises and before the same is placed in
any other house or building.
468
No. 15 or 1918.
Goods removed
sold hondfidr.
Deserted
premises.
(ii) An application and an authority under this section may be
in the forms in the third seliedule, with such variations as circum-
stances may require.
542. Where such property, or any part thereof, so carried away
has been sold bond fide and for a sufficient consideration, before or
after removal from the premises distrained, to any person not
knowing nor having the means of knowing that the same was liable
to be distrained for rent or was carried away so as to prevent or
hinder the landlord or lessor from distraining, the same, or so much
thereof as shall have been so sold, shall not be seized or, if seized,
shall be restored by the officer or Bailiff distraining.
543. (i) Where the rent reserved in resjicct of demised premises
is a full three-fourths of the yearly value of the demised premises,
and where neither the value of the premises by the year nor the
rent payable in respect of the tenancy by the year exceeds three
hundred dollars, if the tenant shall be in arrear for two months
and shall desert the demised premises and leave the same unculti-
vated or unoccuj)ied so that no sufficient distress can be had to
satisfy the arrears of rent, the Court of a Magistrate of the First
Class may, on the application of the landlord or lessor or his agent,
supported by affidavit, make an order authorizing the Bailiff to
enter on the premises, breaking any doors, windows, or gates (if
necessary) and, if the ]3remises are found to be deserted with no
sufficient distress therein, to take charge thereof and to affix a
notice thereon in a conspicuous place that, unless cause to the
contrary is shewn before the Court within ten days, the premises
will be given over to the applicant ; and, if no such cause is shcAvn,
the Court may, on proof of the fact of desertion, of non-payment
of at least two months' rent last due, of want of sufficient distress,
and that the applicant is the landlord or lessor of the premises,
make an order directing the Bailiff to put the applicant in possession
of the premises, and the demise shall become void.
(ii) An application and an order under this section may be in the
forms in the third schedule, with such variations as circumstances
may require.
PART VII.
APPEALS.
Chapter XLVI.
APPEALS IN ORDINARY FORM.
Scope of
Chapter.
544. (i) Nothing in this Chapter shall affect the procedure on
appeals from the Court of a Judicial Commissioner to the Court of
Appeal.
(ii) Appeals from the Court of a Penghulu to the Court of a
Magistrate of the I^'irst (Jlass shall be heard in a summary inanner
and with as little formality as possible. The procedure at present
in force in such appeals shall continue in force, subject to any
CIVIL PROCEDURE CODE.
469
amendments which may from time to time be directed by the
Judicial Commissioners.
(iii) The succeeding provisions of this Chapter relate to appeals
from the decisions of the Lower Civil Courts to the Court of a
Judicial Commissioner.
545. In this Chapter the term " decree " includes " order," and interpretation.
the procedure prescribed shall, so far as may be, apply to orders
made under this Code.
546. No appeal shall be brought after the expiration of one month Limit of time
from the time when the decision appealed against was pronounced. ^ o^' ''P!'«''*1"^s-
Provided that a Judicial Commissioner may, if he considers that
special circumstances render an extension just, give leave to appeal
within such extended time after the expiration of such one month
as he may think fit.
a,
Form of appeal.
AVhat to
aLOompany
memorandum.
confined to
rounds set out.
547. (i) Every appeal shall be preferred in the form of
memorandum in writing signed by the appellant or his solicitor
and presented to the appellate Court. The memorandum shall be
accompanied by a copy of the decree appealed agamst and (unless
the appellate Court dispenses therewith) of the judgment on which
it is founded and of the certificate of the grounds of such judgment
furnished under Section 201.
(ii) The memorandum shall set forth, concisely and under distinct
heads, the grounds of objection to the decree appealed against,
Anthout any argument or narrative ; and such grounds shall be
numbered consecutively.
548. The appellant shall not, except by leave of the Court, urge Appellant
or be heard in support of any ground of objection not set forth
in the memorandum of appeal ; but the Court in deciding the
appeal shall not be confined to the grounds of objection set forth
in the memorandum of appeal or taken by leave of the Court under
this section.
Provided that the Court shall not rest its decision on any other
ground unless the party who may be affected thereby has had
sufficient opportunity of contesting the case on that ground.
549. (i) Where the memorandum of appeal is not drawn up in
the manner hereinbefore prescribed, it may be rejected or be
returned to the appellant for the purpose of being amended within
a time to be fixed by the Court or be amended then and there.
(ii) Where the Court rejects any memorandum, it shall record the
reasons for such rejection.
(iii) Where a memorandum of appeal is amended, the Judge shall
sign or initial the amendment.
550. Where there are more plaintiffs or more defendants than one one of several
in a suit, and the decree appealed against proceeds on any ground detendantTmay
common to all the plaintiffs or to all the defendants, any one of the °^^^h"je®Jecree
plaintiffs or of the defendants may appeal against the Avhole decree, if it proceed on
and thereupon the appellate Court may reverse or modify the decree to"au.' '^''"""°°
in favour of all the plaintiffs or defendants, as the case may be.
Rejection or
amendment of
momoranduni.
470
No. 15 OF 1918.
Order for slay
of execution.
Security in case
of order for
execution o£
decree appealed
against.
No security to
be required
from the
Government or
from public
olEcers.
STAY OF PROCEEDINGS AND OF EXECUTION.
551. (i) An appeal shall not operate as a stay of proceedings under
the decree appealed against except in so far as the appellate Court
may order, nor shall execution of a decree be stayed by reason only
of an appeal having been preferred against the decree ; but the
ai:)liellate Court may for sufficient cause order stay of execution of
such decree.
(ii) Where an application is made for stay of execution of an
appealable decree before the expiration of the time allowed for
api^ealing therefrom, the Court which passed the decree may on
sufficient cause being shewn order the execution to be stayed.
(iii) No order for stay of execution shall be made under this
section unless the Court making it is satisfied
(a) that substantial loss may result to the party applying for
stay of execution unless the order is made ;
(b) that the application has been made without unreasonable
delay ; and
(c) that security has been given by the aj)plicant for the due
performance of such decree as may ultimately be binding
upon him.
(iv) Notwithstanding anything contained in sub-section (iii) the
Court may make an ex parte order for stay of execution pending the
hearing of the application.
552. (i) Where an order is made for the execution of a decree
against which an appeal is pending, the Court which passed the
decree shall, on sufficient cause being shewn by the appellant, require
security to be furnished for the restitution of any property which
may be or has been taken in execution of the decree, or for the
payment of the value of such property, and for the due performance
of the decree of the appellate Court ; or the appellate Court may for
like cause direct the Court which passed the decree to take such
security.
(ii) Where an order has been made for the sale of immovable
property in execution of a decree and an apj^eal is pending against
such decree, the sale shall on the application of the judgment-debtor
to the Court which made the order be stayed, on such terms as to
giving security or otherwise as the Court thinks fit, until the appeal
is disposed of.
553. No such security as is mentioned in Sections 551 and 552
shall be required from the Chief Secretary or from a State or from
any pul)lic oHicer sued in respect of an act alleged to be done by him
in his official capacity.
Registration of
memorandum
of appeal.
PROCEDURE ON ADMISSION OF MEMORANDUM OF APPEAL.
554. (i) Where a memorandum of appeal is admitted, tlie
appellate Court or the jiroper officer of that Court shall endorse
thereon the date of presentation and shall register the appeal in
a book to be kept for the purpose.
(ii) Such book shall be called the Register of Civil Appeals.
CIVIL PROCEDURE CODE. 471
555. (i) The api^ellate Court may in its discretion, either before Appellate Court
the respondent is called upon to appear and answer or afterwards on "pp^euant'to
the application of the respondent, require from the appellant furnish security
security for the costs of the appeal, or of the original suit, or of both :
Provided that the Court shall require such security in all cases in
which the appellant is residing out of the Federated Malay States
and is not possessed of any sufficient immovable property within the
Federated Malay States or within the Colony other than the property
(if any) to which the aj)peal relates.
(ii) Where such security is not furnished within such time as the
Court orders, the Court shall reject the appeal.
(iii) Where such security is furnished, any costs for which a
surety may have rendered himself liable may be recovered from him
in execution of the decree of the api^ellate Court in the same manner
as if he Avere the appellant.
556. (i) The appellate Court, after sending for the record if it poweito
thinks fit so to do, and after fixing a day for hearing the apj^ellant or f^fthout selidhi ^
his solicitor and hearing him accordingly if he appears on that day, notice to lower
may dismiss the appeal without sending notice of the appeal to the
Court against whose decree the appeal is preferred and without
serving notice on the respondent or his solicitor.
(ii) If on the day fixed under sub-section (i), or on any other day
to which the hearing may be adjourned, the appellant does not
appear in person or by his solicitor when the appeal is called on for
hearing, the Court may make an order that the apj)eal be dismissed.
(iii) The dismissal of an appeal under this section shall be notified
to the Court against whose decree the appeal is preferred.
557. (i) Unless the appellate Court dismisses the appeal under the Day for hearing
last preceding section, it shall fix a day for hearing the appeal. appeal.
(ii) Such clay shall be fixed with reference to the current business
of the Court, the place of residence of the respondent, and the time
necessary for the service of the notice of appeal, so as to allow the
respondent sufficient time to appear and answer the appeal on such
day.
558. (i) Where the appeal is not dismissed under Section 556, the Appellate court
apjiellate Court shall send notice of the aj^peal to the Court against comrwhose^ *°
whose decree the api^eal is preferred. '\^'T|jg^"i''^'^'*^'^'^
(ii) Where the appeal is from a Court the records of -which are
not deposited in the appellate Court, the Court receiving such notice
shall send with all practicable despatch all material papers in the
suit, or such papers as may be specially called for by the ai^pellate
Court.
(iii) Either party may apply in writing to the Court against whose
decree the appeal is preferred, specifying any of the papers in such
Court of which he requires copies to be made ; and copies of such
papers shall be made at the expense of, and given to, the ajoplicant.
559. (i) Notice of the day fixed under Section 557 shall be posted rubiication ami
up in the appellate Court-house, and a like notice shall be sent by the oUia7for''°'"'^
appellate Court to the Court against whose decree the appeal is hearing appeal.
472
No. 15 OF 1918.
Contents of
notice.
Order of
hearin".
Where
appellant, or
respondent,
does not appear.
Where
notice not
served in conse-
quence of
appellant's
failure to
dcjiosit cost.
Re-admission of
appeal di.-s-
missed for
default.
Power to
adjourn hearing
and direct
persons
appearing
interested
to be made
respondents.
preferred and shall be served on the respondent or on his solicitor in
the appellate Court in the manner provided in Chapter VII for the
service on a defendant of a summons to appear and answer ; and all
the provisions applicable to such summons, and to x^roceedings with
reference to the service thereof, shall apply to the service of such
notice.
(ii) Instead of sending the notice to the Court against whose
decree the appeal is preferred, the appellate Court may itself cause
the notice to be served on the respondent or his solicitor under the
provisions above referred to.
560. The notice to the respondent shall declare that, if he does
not appear in the ajopellate Court on the day so fixed, the api)eal will
be heard ex parte.
PROCEDURE ON HEARING.
561. (i) On the day fixed, or on any other day to which the
hearing may be adjourned, the appellant shall be heard in support of
the appeal.
(ii) The Court shall then, if it does not dismiss the appeal at once,
hear the respondent against the appeal, and in such case the
apjDellant shall be entitled to repty.
562. (i) Where on the day fixed, or on any other day to which
the hearing may be adjourned, the appellant does not appear in
person or by his solicitor when the appeal is called on for hearing,
the Court may make an order that the appeal be dismissed.
(ii) Where the appellant appears ajid the respondent does not
appear, the a,ppeal shall be heard ex 'parte.
563. Where on the day fixed, or on any other day to which
the hearing may be adjourned, it is found that the notice to the
respondent has not been served in consequence of the failure of the
appellant to deposit, within the period fixed by the Court, the sum
required to defray the cost of serving the notice, the Court may make
an order that the appeal be dismissed.
Provided that no such order shall be made, although the notice
has not been served upon the respondent, if on any such day the
respondent appears in person or by a solicitor when the appeal is
called on for hearing.
564. Where an ai)peal is dismissed under Section 55G sub-section
(ii), Section 562, or Section 563, the appellant may apply to the
appellate Court for the re-admission of the appeal ; and, where it is
proved that he was prevented by any sufficient cause from appearing
when the appeal was called on for hearing or from depositing the
sum so required, the Court shall re-admit the appeal on such terms
as to costs or otherwise as it thinks fit.
565. Where it appears to the Court at the hearing that any
person who was a party to the suit in the Court against whose decree
the appeal is preferred, but who has not been made a party to the
appeal, is interested in the result of the appeal, the Court may
adjourn the hearing to a future day to be fixed by the Court and
direct that such person be made a respondent.
CIVIL PEOCEDURE CODE. 473
566. Where an appeal is heard ex "parte and judgment is given Be-hcarinson
against the respondent, he may apply to the appellate Court to ^^J^n'^'e^J^^^
re-hoar the appeal ; and, if he satisfies the Court that the notice was against whom
not duly served or that he was prevented by any sufficient cause ,'ilaae'^"^ "^^"^^
from appearing when the appeal Avas called on for hearmg, the Court
shall re-hear the apj^eal on such terms as to costs or otherwise as it
thinks fit to impose upon him,
567. (i) Any respondent, though he may not have appealed upon iipirinc,
against any part of the decree, may uj^on the hearmg not only ob^ect'to"ieCTee
supj^ort the decree on any of the grounds decided against him in the as if he had
Court below but take any objection to the decree which he could separate appeal,
have taken by way of appeal, provided that he has filed such
objection in the appellate Court within one month from the date
of the service on him or his solicitor under Section 559 of notice of
the day fixed for hearing the appeal, or within such further time
as the appellate Court may see fit to allow.
(ii) Such objection shall be in the form of a memorandum, and
the provisions of Section 547, in so far as they relate to the form and
contents of the memorandum of appeal, shall apply thereto.
(iii) Unless the respondent files with the objection a written
acknowledgment from the party who may be affected by such
objection or his solicitor of having received a copy thereof, the
appellate Court shall cause such a copy to be served, as soon as may
be after the filing of the objection, on such party or his solicitor at
the expense of the respondent.
(iv) The provisions of Chapter XLVII shall, so far as \\\ey can be
made applicable, apply to an objection under this section.
568. Where the Court against whose decree an appeal is preferred Eemand of case
has disposed of the suit upon a preliminary point and the decree is courtr"^*^°
reversed in appeal, the appellate Court may, if it thinks fit, by order
remand the case, and may further direct what issue or issues shall be
tried in the case so remanded, and shall send a copy of its judgment
and order to the Court against whose decree the appeal is preferred
with directions to re-admit the suit under its original number in the
register of civil suits and j^roceed to determine the suit ; and the
evidence, if any, recorded during the original trial shall, subject to
all just exceptions, be evidence during the trial after remand.
569. If upon the hearing of any appeal it shall appear to the Orfierfomew
appellate Court that a new trial ought to be had, the appellate
Court may, if it thinl^s fit, order that the decree shall be set aside and
that a new trial be had.
570. Where the evidence upon the record is sufficient to enable where evidence
the appellate Court to pronounce judgment, the appellate Court may, sufficient,
after resettling the issues, if necessary, finally determine the suit, may^fetemine
notwithstanding that the judgment of the Court against whose suit.
decree the appeal is preferred has proceeded wholly upon some
ground other than that on which the judgment of the aj^pellate
Court proceeds.
474
No. 15 OF 1918.
Where
appellate Court
may frame
issues and refer
tliem for trial to
Court whose
decree appealed
against.
Findings and
evidence to be
put on record.
Production of
additional
evidence in
appellate
Court.
Mode of taking
additional
evidence.
Points to bo
define:! and
recorded.
571. Where the Court against who.se decree the appeal is preferred
has omitted to frame or try any issue, or to determine any question
of fact, which appears to the appellate Court essential to the right
decision of the suit upon the merits, the appellate Court may, if
necessary, frame issues and refer the same for trial to the Court
against whose decree the appeal is preferred and in such case shall
direct such Court to take the additional evidence required ; and such
Court shall proceed to try such issues and shall return the evidence
to the a.ppellate Court together with its findings thereon and the
reasons therefor.
572. (i) Such evidence and findings shall form part of the record
in the suit ; and either party may, within a time to be fixed by the
appellate Court, present a memorandum of objections to any finding.
(ii) After the expiration of the period so fixed for presenting such
memorandum the appellate Court shall proceed to determine the
appeal.
573. (i) The parties to an appeal shall not be entitled to produce
additional evidence, whether ora,l or documentary, in the appellate
Court. But if
(a) the Court against whose decree the appeal is preferred has
refused to admit evidence which ought to have been
admitted, or
(b) the appellate Court requires any document to be produced
or any Avitness to be examined to enable it to j^ronounce
judgment, or for any other substantial cause,
the appellate Court may allow such evidence or document to be
produced or witness to be examined.
(ii) Whether additional evidence is allowed by the appellate
Court to be produced, the Court shall record the reason for its
admission.
574. Wherever additional evidence is allowed to be produced, the
appellate Court may either take such evidence or direct the Court
against whose decree the appeal is preferred, or any other sub-
ordinate Court, to take such evidence and to send it when taken
to the appellate Court.
575. Where additional evidence is directed or allowed to be taken,
the appellate Court shall specify the points to which the evidence is
to be confined and record on its proceedings the points so specified.
Judsjmenfc
where and
when
pronounced.
What judgment
may direct.
JUDGMENT IN APPEAL.
576. The appellate Court, after hearing the parties or their
solicitors and referring to any part of the proceedings whether on
appeal or in the Court against M'hose decree the api^eal is preferred,
to which reference may be considered necessarj^ shall pronounce
judgment in open Court either at once or on some future day, of
which notice shall be given to the parties or their solicitors.
577. The judgment may be for confirming, vaiying. or reversing
the decree against which the appeal is pjvferred, or, if the parties to
the appeal agree as to the form w liich the decn^e in aj^peal shall take,
the appellate Court may pass a decree accordingly.
CIVIL PROCEDURE CODE. 475
578. No decree shall be reversed or substantially varied, nor shall No reversal,
any case be remanded, in appeal on account of any misjoinder of lomanalor^
parties or causes of action or any error, defect, or irregularity in any F''°J' °^ .
proceedings in the suit not affecting the merits of the case or the afrecting'mcrite
jurisdiction of the Court. or jurisdiction.
DECREE IN APPEAL.
579. (i) The decree of the appellate Court shall bear date the day Date and con-
on which the judgment was pronounced. teuts of decree.
(ii) The decree shall contain the number of the appeal, the
names and descriptions of the appellant and respondent, and a
clear specification of the relief granted or other adjudication made.
(iii) The decree shall also state the amount of costs incurred in
the af>peal and by Avhom, or out of what property, and in what
proportions such costs and the costs in the suit are to be paid.
(iv) The decree shall be signed and dated by the Registrar.
580. Certified copies of the decree in appeal shall be furnished to Copies of
the parties on application to the appellate Court and at their funifsued'to
expense. parties.
581. A copy of the decree, certified by the Registrar of the certified copy
appellate Court, shall be sent to the Court which passed the decree sent^^to^com-t*^
appealed against and shall be filed with the original proceedings wiiose decree
in the suit, and an entry of the judgment of the appellate Court against.
shall be made in the register of civil suits.
582. (i) The appellate Court shall have, in appeals under this Appellate court
Chapter, the same powers, and shall perform as nearly as may be powersas™^
the same duties, as are conferred and imposed by this Code on courts of
Courts of original jurisdiction in respect of suits instituted under jurisdiction.
Chapter VI ; and, in Chapter XXIV, so far as may be, the word
" plaintiff " shall be deemed to include a plaintiff- appellant or
defendant-appellant, the word " defendant" a plaintiff-respondent
or defendant-respondent, and the word "suit" an appeal, in
proceedings arising out of the death, marriage, or insolvency of
parties to an appeal.
(ii) The provisions hereinbefore contained shall apply to appeals
under this Chapter so far as such provisions are applicable.
583. Where a party entitled to any benefit (by way of restitution Execution of
or otherwise) under a decree passed in an apj^eal under this Chapter appelLte
desires to obtain execution of the same, he shall appty to the Court court.
which passed the decree against which the appeal was preferred ;
and such Court shall proceed to execute the decree jjassed in
appeal according to the provisions herembefore contained for the
execution of decrees in suits.
Chapter XLVII.
PAUPER APPEALS.
584. Any person entitled under this Code or any other law to who may
prefer an appeal, who is unable to pay the fee required for the pauperf^
memorandum of appeal, may present an application accompanied
476
No. 15 OF 1918.
Inquiry into
pauperism.
by a memorandum of appeal and may be allowed to appeal as a
pauper, subject in all matters, including the presentation of such
ai^jjlication, to the provisions of Chapters XXXVl and XLVI, in
so far as those provisions are applicable.
Provided that the Court shall reject the application, unless, upon
a perusal thereof and of the judgment and decree appealed against,
it sees reason to think that the decree is contrary to law or to some
usage having the force of law or is otherwise erroneous or unjust.
585. The inquiry into the pauperism of the applicant may be
made either by the appellate Court or, under the orders of the
appellate Court, by the Court against whose decision the appeal
is preferred :
Provided that, if the applicant was allowed to sue or appeal as
a pauper in the Court against whose decree the appeal is preferred,
no further inquiry in respect of his pauperism shall be necessary,
unless the appellate Court sees cause to direct such inquiry.
PART VIII.
REFERENCE, REVISION, AND REVIEW.
Reference of
question of law
to Court of a
Judicial
Commissioner.
Chapter XLVIII.
REFERENCE AND REVISION.
586. Where before or on the hearing of a suit or in the execution
of a decree any question of law, or usage having the force of law,
arises on which any Lower Civil Court trying the suit or executing
the decree entertains reasonable doubt, such Court may, either of
its own motion or on the application of any of the parties, draw
up a statement of the facts of the case and the point on which doubt
is entertained and refer such statement, with its own opinion on
the point, for the decision of the Court of a Judicial Commissioner.
587. The Lower Civil Court may either stay the proceedings or
proceed in the case, notwithstanding such reference, and may pass
a decree or make an order contingent upon the decision of the
Court of a Judicial Commissioner on the point referred ; but no
decree or order shall be executed in any case in which such reference
is made until the receipt of a copy of the judgment of the Court
of a Judicial Commissioner upon the reference.
588. The Court of a Judicial Commissioner, after hearing the
parties if they appear and desire to be heard, shall decide the point
so referred and shall transmit a cojiy of its judgment, under the
signature of the Registrar, to the Court by which the reference was
made ; and such Court shall, on the receipt thereof, proceed to
dispose of the case in conformity with the decision of the Court of
a Judicial Commissioner.
589. The costs, if any, consequent on a reference for the decision
of the Court of a Judicial Commissioner shall be costs in the case.
Power to alter, 590. Wlicrc a casc is referred to the Court of a Judicial
cou'rtmaklng Commissioner under this Chapter, the said Court may return the
reference. casB foi amendment and may alter, cancel, or set aside any decree
Court may pass
decree con-
tinpent upon
decision of
Court of a
.Judicial
Commissioner.
.Tudgment of
Court of a
.fudicial
Commissioner to
be transmitted
and case
disposed of
accordingly.
Costs of
reference.
CrVIL PROCEDUEE CODE. 477
or order which the Court making the reference has passed or made
in the case out of which the reference arose and make such order
as it thinks lit.
591. (i) Where at any time before judgment a Lower Civil Court Reference oi
in which a suit has been instituted doubts whether the suit is ?"^'^;?".°^,
cognizable by itselt or is not so cognizable, it may submit the record
to the Court of a Judicial Commissioner Avith a statement of its
reasons for the doubt as to the nature of the suit,
(ii) On receiving the record and statement the Court of a Judicial
Commissioner may order the Court either to proceed with the suit
or to return the plaint for presentation to such other Coiu't as it
may in its order declare to be competent to take cognizance of the
suit.
592. The Court of a Judicial Commissioner may call for the nevisiouof
record of any case which has been decided bj^ a Lower Civil Court, jjo^appe^Hos!
and in which no appeal lies to the Court of a Judicial Commissioner,
and, if the Court by which the case was decided appears
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or
with material irregularity,
the Court of a Judicial Commissioner may make such order in the
case as it thinks fit.
593. Nothing in this Chapter shall be deemed to derogate from, other powers
or in any way interfere with, the powers of supervision and revision not affected.
given to the Court of a Judicial Commissioner by " The Courts
Enactment, 1918."
Chapter XLIX.
REVIEW.
594. (i) Any person considermg himself aggrieved Application for
(a) by a decree or order from which an appeal is allowed but judgment.
from which no appeal has been preferred, or
(b) by a decree or order from Avhich no appeal is allowed,
who, from the discovery of new and important matter or evidence
which, after the exercise of due diligence, was not within his know-
ledge or could not be produced by him at the time when the decree
was passed or order made, or on account of some mistake or error
apparent on the face of the record, or for any other sufficient reason,
desires to obtain a review of the decree passed or order made against
him may apply for a review of judgment to the Court which passed
the decree or made the order.
(ii) A party who is not appealmg from a decree or order may
apply for a review of judgment notAvithstanding the pendency of
an appeal by some other party, except where the ground of sucli
appeal is common to the applicant and the appellant or where,
being a respondent, he can present to the appellate Court the case
on which he applies for the review.
478
No. 15 OF 1918.
To whom
applications for
review may be
made.
Form of
application for
review.
Application
where
rejected ; where
granted.
Order of
rejection not
appealable.
Objections to
order grantinj;
ajiplication.
Prooedure on
grant of appli-
cation for
review.
595. Except on the ground of the discovery of such new and
important matter or evidence as aforesaid or of some clerical or
arithmetical error apparent on the face of the decree, no application
for reviev/ of a decree or order shall be made to any Judge other
than the Judge who passed the decree or made the order sought
to be reviewed ; but any such application may, if the Judge who
passed the decree or made the order has ordered notice to issue
under Section 597 (ii), be disposed of by his successor.
596. The provisions hereinbefore contained as to the form of
preferring aj)peals shall apply, mutatis mutandis, to applications
for review.
597. (i) Where it appears to the Court that there is not sufficient
ground for a review, it shall reject the ai^plication.
(ii) Where the Court is of opinion that the application for review
should be granted, it shall grant the same, and the Judge shall
record with his own hand his reasons for such oj)inion.
Provided that
[a) no such application shall be granted without previous notice
to the opposite party, to enable him to appear and be
heard in support of the decree or order, a review of which
is applied for ; and
(/>) no such application shall be granted on the ground of
discovery of new matter or evidence which the applicant
alleges was not within his knowledge or could not be
produced by him at the time when the decree was passed
or order made, without strict proof of such allegation.
598. (i) An order of the Court rejecting the application shall
not be appealable ; but an order granting an application may be
objected to on the ground that the application was
(a) in contravention of the provisions of Section 595 ;
{h) in contravention of the provisions of Section 597 ; or
(c) after the expiration of thirty days from the date of the
decree or order and without sufficient cause.
(ii) Such objection may be taken at once by an appeal against
the order granting the application or may be taken in any appeal
against the final decree or order passed or made in the suit.
(iii) Where the application has been rejected in consequence of
the failurt; of the a])plicant to appear, he may apply for an order to
have the rejected application restored to the file, and, A\'here it is
proved to the satisfaction of the Court that he was prevented by
any sufficient cause from appearing when such application A\as
called on for hearing, the Court shall order it to be restored to the
fil(^ upon such terms as to costs or otherwise as it thmks fit and
shall appoint a day for hearing the same,
(iv) No order shall be made under sub-section (iii) unless notice
in writing of the application has been served on the opposite party.
599. When an application for rev^iew is granted, a note thereof
shall be made in the register and the Court may at once re-hear the
case or make such order in regard to the re-hearing as it thinks fit.
CIVIL PllOCEDURE CODE,
479
600. No ai3plication to review an order made on an application Bar of certain
L' a review or a decree or order passed or made on a review shall ^pp'^'a^ions.
for
be entertained
PART IX.
Chapter L.
MISCELLANEOUS.
601. (i) The Resident of a State may, by notification in the Resident may
Gazette, exempt from personal appearance in Court in such State pfr^Jjs from'"
any person whose rank, in the opinion of such Resident, entitles personal
him to the j)rivilege of exemption, and may, by like notification, court!*"'^
withdraw such privilege.
(ii) The names and residences of the persons so exempted by the
Resident of a State shall, from time to time, be forwarded by such
Resident to the Supreme Court and a list of such persons shall be
kept in such Court within the said State, and a list of such of the
said persons as reside within the local limits of the jurisdiction of
each Court in the said State which is subordinate to the Supreme
Court shall be kept in such subordinate Court.
(iii) Where any person so exempted claims the privilege of such
exemption and it is consequently necessary to examine him by
commission, he shall pay the costs of the commission, unless the
jjarty requiring his evidence pays such costs.
602. (i) Where in a case pending before any Court there appears Procedure
to such Court sufficient ground for sending for investigation to the certahrofieffees
Court of a Magistrate a charge of any such offence as is described requires
in Section 193, Section 196, Section 199, Section 200, Section 205, '"^'^^*'="'*'°"-
Section 206, Section 207, Section 208, Section 209, Section
210, Section 463, Section 471, Section 474, Section 475, Section 476,
or Section 477 of the Penal Code which may be made in the course
of the case or in respect of any document offered in evidence in
the case, the Court may cause the person charged to be detained
till the rising of the Court and may then send him in custody to
the Court of a Magistrate or take sufficient bail for his aj^pearance
before the Court of a Magistrate.
(ii) The Court shall send to the Public Prosecutor or a Deputy
Public Prosecutor the evidence and documents relevant to the
charge and may bind over any person to appear and give evidence
before the Court of a Magistrate.
(iii) The Court of a Magistrate shall receive such charge and
proceed with it according to law, and it shall be the duty of the
Public Prosecutor or a Deputy Public Prosecutor to prosecute.
603. The forms contained in the third schedule, "with such
variations as circumstances require, may be used for the purpose
of carrjang out the provisions of this Code, and, if no such forms
shall be found applicable, then such other similarly concise forms
may be used as the Judicial Commissioners may from time to time
prescribe.
Forms.
480
No. 15 OF 1918.
Assessors in
suits relating to
salvage, etc.
Procedure
where person to
be arrested or
property to be
attached is
within the
Federated Malay
States but out- "
side jurisdiction
of the Court
applied to.
Application of
Cliajiter XXII.
Application of
provisions
relating to
witnesses.
604. (i) In any suit relating to salvage, towage, or collision the
Court may, if it thinks fit, and upon request of either party to such
suit shall, if possible, summon to its assistance, in such manner
as the Judicial Commissioners, with the approval of the Chief
Secretary, by rule prescribe, two competent assessors ; and such
assessors shall attend and assist accordingly,
(ii) Every such assessor shall receive such fees for his attendance
as the Judicial Commissioners, with the approval of the Chief
Secretary, by rule prescribe. Such fees shall be paid by such of
the j)arties as the Court in each case directs.
605. (i) Where an application is made that any person shall be
arrested or that any property shall be attached under any provision
of this Code not relating to the execution of decrees, and such
person resides or such property is situate within the Federated
Malay States but outside the local limits of the jurisdiction of the
Court to which the application is made, the Court may, in its
discretion, issue a warrant of arrest or make an order of attachment
and send to the Court within the local limits of whose jurisdiction
such person or property resides or is situate a copy of the warrant
or order, together with the probable amount of the costs of the
arrest or attachment.
(ii) Such Court shall, on receipt of such copy and amount, cause
the arrest or attachment to be made by its own officers and shall
inform the Court which issued or made such warrant or order of
the arrest or attachment.
(iii) The Court making an arrest under this section shall send the
person arrested to the Court by which the warrant of arrest was
issued, unless he shews cause to the satisfaction of the former Court
why he should not be sent to the latter Court, or unless he furnishes
sufficient security for his appearance before the latter Court or
(where the case is one under Chapter XLII) for satisfying any
decree that may be passed against him by that Court, in either of
which cases the Court making the arrest shall release him.
606. (i) The provisions of Chapter XXII shall apply to the
execution of any judicial process for the arrest of a person or the
sale of property or payment of money, which may be ordered by
a Civil Court in any civil proceeding.
(ii) In the same Chapter the expression " Court which passed a
decree," or words to that effect, shall, in relation to the execution of
decrees unless there is anything repugnant in the subject or context,
be deemed to include,
(a) where the decree to be executed has been passed in the
exercise of appellate jurisdiction, the Court of first instance,
and
(b) where the Court of first instance has ceased to exist or to
have jurisdiction to execute it, the Court which, if the
suit wherein the decree was passed were institutetl at
the time of making the application for the execution of
the decree, would have jurisdiction to try such suit.
607. The i)rovisi()iis of Chapters XVI and XVIII relating to
witnesses shall apply to all persons required to give evidence or to
produce documents in any proceeding under this Code.
CIVIL PROCEDURE CODE. 481
608. Summonses issued by any Civil Court service of
summonses
(a) in the Colony, or issued in the
(6) in any State in the Malay Peninsula under the Protection of Mara^sutes.
His Britannic Majesty to which the Chief Secretary, by
notification in the Gazette, extends the operation of this
section,
if sent to the Courts in the Federated Malay States may be served as
if they had been issued by such Courts.
609. (i) At any time after a warrant of arrest has been issued Eeieaseon
under this Code, the Court may cancel it on the ground of the serious fiJ^ei. °
illness of the person for whose arrest the warrant was issued.
(ii) Where a judgment- debtor has been arrested under this Code,
the Court may release him if in its opinion he is not in a fit state of
health to be detained in the civil prison.
(iii) Where a judgment-debtor has been committed to the civil
prison, he may be released therefrom
(a) by the Resident of the State in which such prison is situate,
on the ground of the existence of any infectious or conta-
gious disease, or
(6) by the committing Court, or any Court to which that Court
is subordinate, on the ground of his suffering from any
serious illness.
(iv) A judgment-debtor released under this section may be
re- arrested, but the period of his detention in the civil prison shall not
in the aggregate exceed that prescribed by Section 328.
610. (i) Money lodged in the Supreme Court to the credit of any interest on
account shall be deemed to be placed on deposit and shall be credited S^gu^remf ^
with interest at such rate as shall from time to time be fixed by the court.
Chief Secretary, not being greater than the highest rate of interest
which for the time being can be obtained by the Government on a
current account from any bank in the Federated Malay States,
except in the following cases :
(a) when the money is paid into Court under Chapter XXVI
or Chapter XXXIX or as security for costs, or in satis-
faction or part satisfaction of a decree or order ; or
(&) when the amount is less than one hundred dollars.
(ii) Money on deposit shall be deemed to be withdrawn from
deposit when the amount is reduced below one hundred dollars.
(iii) Interest upon money on deposit shall not be computed on a
fraction of one dollar.
(iv) Interest upon money on deposit shall accrue by calendar
months and shall not be computed by any less period. Such interest
shall begin on the first day of the calendar month next succeeding
that in which the money is placed on deposit, and shall cease from
the last day of the calendar month next preceding the day of the
withdrawal of the money from deposit.
(v) Interest which has accrued for or during the half-year, ending
on the 30th of June and 31st of December in every year, on money
then on deposit shall, on or before the 15th days of the months
III— 31
482
No. 15 OF 1918.
Enlargement of
time.
Saving of
inhereno powers
of Court.
General power
to amend.
Powers of
Registrar
Exercise of
certain powers
of Judicial
Commissioners.
respectively following, be placed to the credit to which such money
shall be standing on every such half-yearly day. And, when money
on deposit is withdrawn from deposit, the interest thereon which has
accrued and has not been credited shall be placed to the credit to
which the money is then standing.
(vi) When money on deposit consists of sums which have been
placed on deposit at different times, and an order is made dealing
with the money, and part of such money has to be withdrawn from
deposit for the purpose of executing such order, the part or parts of
the money dealt with by such order last placed and remaining on
deposit at the time of such withdrawal shall, for the purpose of
comjauting interest, be treated as so withdrawn, unless the order
otherwise directs.
(vii) Unless otherwise directed by an order, interest credited on
money on deposit shall, when or so soon as it amounts to or exceeds
one hundred dollars, be placed on deposit and, for the purpose of
conputing interest upon it, shall be treated as having been placed on
deposit on the last half-yearly day on which any such interest
became due.
611. Where any period is fixed or granted by the Court for the
doing of any act prescribed or allowed by this Code, the Court may
in its discretion from time to time enlarge such period, even though
the period originally fixed or granted may have expired.
612. Nothing in this Code shall be deemed to limit or otherwise
affect the mherent power of the Court to make such orders as may be
necessary for the ends of justice or to prevent abuse of the process of
the Court.
613. The Court may at any time, and on such terms as to costs or
otherwise as it may think fit, amend any defect or error in any
proceeding in a suit, and all necessary amendments shall be made for
the purpose of determining the real question or issue raised by or
depending on such proceeding.
614. (i) Any non-judicial or quasi- judicial act which this Code
requires to be done by a judge, and any act which may be done by a
Commissioner appointed under Section 383, may be done by the
Registrar of the Court.
(ii) The Judicial Commissioners may from time to time, by rule
published in the Gazette, declare what shall be deemed to be
non- judicial and quasi- judicial acts within the meaning of this section.
(iii) A Judicial Commissioner may, in any suit in which it shall
appear necessary for the purposes of justice, make an order for the
examination on affirmation before the Registrar of any witness, and
may empower any party to such suit to give such deposition in
evidence ; provided that no such deposition shall be used against
any party unless reasonable facilities were afforded to such party
to attend at the examination and to cross-examine the witness.
615. Any power vested by this Code in the Judicial Commissioners
to prescribe fees or allowances or forms or to direct procedure or to
make rules may be exercised by any two Judicial Commissioners, of
A\ horn the Chief J udicial Commissioner shall be one.
CIVIL PROCEDURE CODE.
483
First Schedule.
ENACTMENTS REPEALED.
I. — STATE ENACTMENTS.
State.
No. and year.
Short title.
Extent of
repeal.
Perak
11 of 1902
The Civil Procedure Code,
The whole,
1902
in so far
as not
already-
repealed
Selangor . .
13 of 1902
Do.
Do.
N. Sembilan
7 of 1902
Do.
Do.
Pahang . .
11 of 1902
Do.
Do.
Perak
15 of 1905
The Civil Procedure Code
Amendment Enactment,
1905
The whole
Selangor . .
17 of 1905
Do.
Do.
N. Sembilan
16 of 1905
Do.
Do.
Pahang . .
16 of 1905
Do.
Do.
Perak
8 of 1906
The Civil Procedure Code
Amendment Enactment,
1906
Do.
n. — FEDERAL ENACTMENTS.
No
and year.
17
of
1913
21
of
1917
Short title.
The Civil Procedure Codes, 1902, Amend-
ment Enactment, 1913
The Civil Procedure Codes, 1902, Amend-
ment Enactment, 1917
Extent of
repeal.
The whole
Do.
Second Schedule.
CHAPTERS AND SECTIONS OF THIS CODE WHICH
APPLY (SO FAR AS THEY ARE APPLICABLE) TO
THE CIVIL COURTS BELOW THE COURT OF A
JUDICIAL COMMISSIONER.
Preliminary : Sections 1, 2, 3, and 4.
Chapter.
I. — Res judicata.
II.— The Place of Suing.
III. — Parties to Suits.
IV. — Frame of Suit, except Section 28 and Section 30.
484 No. 15 OF 1918.
V. — Recognized Agents and Solicitors,
VI. — Institution of Suits.
VII. — Issue and Service of Summons, except Section'*72.
VIII. — Written Statement and Set-off.
IX. — ApjDearance of Parties and Consequence of Non-
appearance.
X. — Examination of Parties by the Court.
XI. — Discovery and Inspection.
XII. — Admissions.
XIII. — Production, Impounding, and Return of Documents.
XV. — Section 154, Failure to produce Evidence.
XVI. — Summoning and Attendance of Witnesses.
XVII. — Adj ournments.
XVIII. — Hearing of the Suit and Examination of Witnesses.
XIX.— Affidavits.
XX. — Judgment and Decree.
XXI.— Sections 218, 219, and 220, Costs.
XXII. — Execution of Decrees, except so far as relates to
Execution against Immovable Property otherwise
than by order of the Supreme Court.
XXIV. — Death, Marriage, and Insolvency of Parties.
XXV. — Withdrawal and Adjustment of Suits.
XXVI. — Payment into Court.
XXVII.— Security for Costs.
XXVIII. — Commissions and Letters of Request, except Section
380.
XXX. — Suits by or against the Government.
XXXI. — Suits by or against Military Men.
XXXII. — Suits by or against Corporations.
XXXIII. — Suits by or against Firms and Persons carrjdng on
business in names other than their own.
XXXIV. — Suits by or against Trustees, Executors, and
Administrators.
XXXV. — Suits by or against Minors and Persons of Unsound
Mind.
XXXVI.— Suits by Paupers.
XXXVII.— Interpleader.
XXXVIII.— Special Case.
XLII. — Arrest and Attachment before Judgment, except as
regards Immovable Property.
XLIV. — Appointment of Receivers.
XLV. — Termination of Tenancies and Distress for Rent.
CIVIL PROCEDURE CODE. 485
XL VIII. — Reference and Revision.
XLIX.— Review.
L. — ^Miscellaneous.
Third Schedule.
FORMS.
A.— PLAINTS; GENERAL.
No. 1.
MONEY LENT.
In the Court of , at
Civil Suit No
A. B. of Plaintiff,
against
C. D. of Defendant.
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , he lent the
defendant. ..dollars repayable on demand [or on the
day of J.
2. The defendant has not paid the same, except dollars
paid on the day of , 19 . .
[If the plaintiff claims exemption from any law of limitation, say :]
3. The plaintiff was a minor [or insane] from the day of
till the day of
4. The plaintiff prays judgment for dollars, with interest at
per cent, from the day , 19 . .
No. 2.
MONEY RECEIVED TO PLAINTIEF's USB.
(Title.)
A. B, and G. H., the above-named plaintiffs, state as follows :
1. On the day of 19. . , at , the defendant
received dollars [or a cheque on the Bank for
dollars] from one E. F. for the use of the plaintiffs.
2. The defendant has not paid [or delivered] the same accordingly.
3. The plaintiffs pray judgment for doUars, with interest at
per cent, from the day of , 19 . .
No. 3.
PRICE OF GOODS SOLD BY A FACTOR.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. ., at , he andE. F., since
deceased, delivered to the defendant [one thousand barrels of flour,
five hundred gantangs of rice, or as the case may be] for sale upon
commission.
486 No. 15 OF 1918.
2. On the day of , 19. . , [or, on some day unknown
to the plaintiff, before the day of , 19 • • ], the defendant
sold the said merchandise for dollars.
3. The commission and expenses of the defendant thereon amount
to dollars.
4. On the day of , 19. . , the plaintiff demanded
from the defendant the proceeds of the said merchandise.
5. He has not paid the same.
[Demand of judgment.]
No. 4.
MONEY OVERPAID.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff agreed
to buy and the defendant agreed to sell bars of silver at
dollars per kati of fine silver.
2. The plaintiff procured the said bars to be assayed by E. F.,
who was paid by the defendant for such assay, and the said E. F.
declared each of the said bars to contain 1,500 katis of fine silver,
and the plaintiff accordingly paid the defendant dollars
therefor.
3. Each of the said bars contained only 1,200 katis of fine silver,
of which fact the plaintiff was ignorant when he made the payment.
4. The defendant has not repaid the sum so overpaid.
[Demand of judgment.]
[Note. — A demand of repayment is not necessary, but it may affect the
question of interest or the costs.]
No. 5.
MONEY PAID TO A THIRD PARTY AT THE DEFENDANT'S REQUEST.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , at the request
[or by the authority] of the defendant, the plaintiff paid to E. F.
dollars.
2. In consideration thereof, the defendant promised [or became
bound] to pay the same to the plaintiff on demand [or as the case
may be].
3. [On the day of , 19. . , the plaintiff demanded
payment of the same from the defendant, but] he has not paid
the same.
[Demand of judgment.]
[Note. — If the request or authority is implied, the plaint should state
facts raising the implication.]
CIVIL PROCEDURE CODE. 487
No. 6.
GOODS SOLD AT A FIXED PRICE AND DELIVERED.
(Title.)
A, B., the above-named plaintifif, states as follows :
1. On the day of , 19.., at E. F., of
deceased, sold and delivered to the defendant [one hundred barrels
of flour, or the goods mentioned in the schedule hereto annexed, or
sundry goods.]
2. The defendant promised to pay dollars for the said
goods on delivery [or, on the day of (some day before
the plaint was filed)].
3. He has not paid the same.
4. The said E. F. in his lifetime made his will, whereby he
appointed the plaintiff executor thereof.
5. On the day of , 19. . , the said E. F. died.
6. On the day of , 19. . , probate of the said will
was granted to the plaintiff by the Court of
7. The plamtiff as executor as aforesaid [demand of judgment].
No. 7.
GOODS SOLD AT A REASONABLE PRICE AND DELIVERED.
(Title.)
A, B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff sold and
delivered to the defendant [sundry articles of house furniture] but
no express agreement was made as to the price.
2. The same were reasonably worth dollars. .
3. The defendant has not paid the same.
[Demand of judgment.]
No. 8.
GOODS DELIVERED TO A THIRD PARTY AT DEFENDANT'S REQUEST
AT A FIXED PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff sold to
the defendant [one hundred barrels of flour] and, at the request of
the defendant, delivered the same to E. F.
2. The defendant promised to pay to the plaintiff dollars
therefor.
3. He has not paid the same.
[Demand of judgment.]
488 No. 15 OF 1918.
No. 9.
NECESSARIES FURNISHED TO THE FAMILY OF DEFENDANT'S
TESTATOR "WITHOUT HIS EXPRESS REQUEST, AT A REASONABLE PRICE,
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff furnished
to [Mary Jones] the wife of \ James Jones'], deceased, at her request,
sundry articles of [food and clothing], but no express agreement
was made as to the price.
2. The same were necessary for her.
3. The same were reasonably worth dollars.
4. The said James Jones refused to pay the same.
5. The defendant is the executor of the last will of the said
James Jones.
[Demand of judgment.]
No. 10.
GOODS SOLD AT A FIXED PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff sold
to E. F., of , deceased [all the crops then growing on his farm
in ].
2. The said E. F. promised to pay the plaintiff dollars for
the same.
3. He did not pay the same.
4. The de.fendant is administrator of the estate of the said E. F.
[Demand of judgment.]
No. 11.
GOODS SOLD AT A REASONABLE PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19.., at , E. F., of ,
sold to the defendant [all the fruit growing in his orchard in ],
but no express agreement was made as to the price.
2. The same was reasonably worth dollars.
3. The defendant has not paid the same.
4. On the day of the Court of duly adjudged
the said E. F. to be a lunatic and appointed the plaintiff committee
of his estate, Avith the usual powers for the management thereof.
5. The plaintiff as committee as aforesaid [demand of judgment].
CIVIL PROCEDURE CODE. 489
No. 12.
GOODS MADE AT DEFENDANT'S REQUEST, AND NOT ACCEPTED.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19.., at , E. F., of ,
agreed with the plaintiff that the plaintiff should make for him [six
tables and fift}^ chairs], and that the said E. F. should pay for the
same upon the delivery thereof dollars.
2. The plaintiff made the said goods, and on the day of
, 19. . , offered to deliver the same to the said E. F., and has
ever since been ready and willing so to do.
3. The said E. F. has not accepted the said goods or paid for the
same.
4. On the day of , 19.., the Court of duly
adjudged the said E. F. to be a lunatic, and appointed the defendant
committee of his estate.
5. The plaintiff prays judgment for dollars with interest
from the day of , at the rate of per cent, per
annum, to be paid out of the estate of the said E. P. in the hands
of the defendant.
No. 13.
DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION].
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff put up
at auction sundry [articles of merchandise], subject to the condition
that all goods not paid for and removed by the purchaser thereof
within [ten days] after the sale should be re-sold by auction on his
account, of which condition the defendant had notice.
2. The defendant purchased [one crate of crockery] at the said
auction at the price of dollars.
3. The plaintiff was ready and willing to deliver the same to th-e
defendant on the said day and for [ten days] thereafter, of which
the defendant had notice.
4. The defendant did not take away the said goods purchased
by him, nor pay therefor, within [ten days] after the sale, nor
afterwards.
5. On the day of , 19 . . , at , the plaintiff
re-sold the said [crate of crockery], on account of the defendant,
by public auction, for dollars.
6. The expenses attendant upon such re-sale amounted to
dollars.
7. The defendant has not paid the deficiency thus arising,
amounting to dollars.
[Demand of judgment.]
490 No. 15 OF 1918.
No. 14.
PURCHASE-MONEY OF LANDS CONVEYED.
(Title.)
A. B., the above-named plaintifif, states as follows :
1. On the day of , 19. . , at , the plaintiff sold
[and conveyed] to the defendant [the house and compound No.
, in the city of ; or, a farm known as , in ;
or, a piece of land lying, etc.]
2. The defendant promised to pay the plaintiff dollars for
the said [house and compound, or farm, or land].
3. He has not paid the same.
[Demand of judgment.]
[Note. — Where there has been no actual conveyance, say, in paragraph 1,
" sold to the defendant the house, etc., and placed him in possession of the
same."]
No. 15.
PURCHASE-MONEY OF IMMOVABLE PROPERTY CONTRACTED TO BE
SOLD, BUT NOT CONVEYED.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff and
defendant mutually agreed that the plaintiff should sell to the
defendant, and that the defendant should purchase from the plaintiff
[the house No , in the town of ; or, one hundred acres
of land in , bounded by the Ampang Road, and by other
lands of the plaintiff] for dollars.
2. On the day of , 19 . . , at , the plaintiff
tendered [or, was ready and willing, and offered to execute] a
sufficient instrument of conveyance of the said property to the
defendant, on payment of the said sum, and still is ready and
willing to execute the same.
3. The defendant has not paid the said sum.
[Demand of judgment.]
No. 16.
SERVICES AT A FIXED PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
[hired plaintiff as a clerk, at the salary of dollars per year].
2. From the [said day] until the day of , 19. . , the
plaintiff served the defendant as his [cl(>rk].
3. The defendant has not paid the said salary.
[Demand of judgment.]
CIVIL PROCEDURE CODE. 491
No. 17.
SERVICES AT A REASONABLE PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. Between the day of , 19. . , and the day of
, 19. . , at , plaintiff [executed sundry drawings, designs,
and diagrams] for the defendant, at his request ; but no express
agreement was made as to the sum to be paid for such services.
2. The said services were reasonably worth dollars.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 18.
SERVICES AND MATERIALS AT A FIXED PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff [furnished
the paper for and printed one thousand copies of a book called
] for the defendant, at his request [and delivered the same
to him].
2. The defendant promised to pay dollars therefor.
3. He has not paid the same.
[Demand of judgment.]
No. 19.
SERVICES AND MATERIALS AT A REASONABLE PRICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff built a
house [known as No , in ], and furnished the materials
therefor, for the defendant, at his request, but no express agreement
was made as to the price to be paid for such work and materials.
2. The said work and materials were reasonably worth
dollars.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 20.
RENT RESERVED IN A LEASE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
entered into a contract with the plaintiff, under their hands, a copy
of which is hereto annexed.
[Or state the substance of the contract.]
492 No. 15 OF 1918.
2. The defendant has not paid the rent of the [month] ending on
the day of , 19. . , amounting to dollars.
[Demand of judgment.]
Another form.
1. The plaintifif let to the defendant a house [No. 27, Batu Road],
for [seven years] to hold from the day of , 19. . , at
dollars a year, payable quarterly.
2. Of such rent quarters are due and unpaid.
[Demand of judgment.]
No. 21.
USE AND OCCUPATION AT A FIXED RENT.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
hired from the plaintiff the [house No , street], at the
rent of dollars, payable on the first day of
2. The defendant occupied the said premises from the day
of , 19 . . , to the day of , 19 . . .
3. The defendant has not paid dollars being the part of
said rent due on the first day of , 19. . .
[Demand of judgment.]
No. 22.
USE AND OCCUPATION AT A REASONABLE RENT.
(Title.)
A. B., the above-named plaintiff, executor of the will of X. Y.,
deceased, states as follows :
1. The defendant occupied the [house No , street],
by permission of the said X. Y., from the day of , 19. . ,
until the day of , 19. . , and no agreement was made as
to payment for the use of the said premises.
2. The use of the said premises for the said period was reasonably
worth dollars.
3. The defendant has not paid the same.
4. The plaintiff as such executor as aforesaid prays judgment for
dollars.
No. 23.
BOARD AND LODGING.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . From the day of , 19 . . , until the day of
, 19. . , the defendant occupied certain rooms in the house
CIVIL PROCEDUEE CODE. 493
[No , street], by permission of the plaintiff, and was
furnished by the plaintiff, at his request, with meat, drink, attend-
ance, and other necessaries.
2. In consideration thereof, the defendant promised to pay [or,
no agreement was made as to payment for such meat, drink,
attendance, or necessaries, but the same were reasonably worth] the
sum of dollars.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 24.
FREIGHT OF GOODS.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , plaintiff trans-
ported in [his barge, or otherwise] [one thousand barrels of flour,
or sundry goods], from to , at the request of the
defendant.
2. The defendant promised to pay the plaintiff the sum of [one
dollar per barrel] as freight thereon [or, no agreement was made
as to payment, for such transportation, but such transportation was
reasonably worth dollars].
3. The defendant has not paid the same.
[Demand of judgment.]
No. 25.
PASSAGE-MONEY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , plaintiff conveyed the
defendant [in his ship, called the ], from to at his
request.
2. The defendant promised to pay the plaintiff dollars
therefor [or, no agreement was made as to price of the said passage,
but the said passage was reasonably worth dollars].
3. The defendant has not paid the same.
[Demand of judgment.]
No. 26.
ON AN AWARD.
(Title.)
A. B., the above-named plaintiff, states as foUows :
1. On the day of , 19. . , at , the plaintiff and
defendant, having a controversy between them concerning [a
494 No. 15 OF 1918.
demand of the plaintiff for the price of ten barrels of oil which the
defendant refused to pay], agreed to submit the same to the award
of E. F. and G. H, as arbitrators [or, entered into an agreement, a
copy of which is hereto annexed].
2. On the day of , 19 . . , at , the said arbitrators
awarded that the defendant should [pay the plaintiff dollars] .
3. The defendant has not paid the same.
[Demand of judgment.]
No. 27.
ON A FOREIGN JUDGMENT.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , in the State [or
Kingdom] of , the Court of that State [or Kingdom], in
a suit therein pending between the plaintiff and the defendant, duly
adjudged that thedefendant should pay to the plaintiff dollars,
with interest from the said date.
2. The defendant has not paid the same.
[Demand of judgment.]
B.— PLAINTS UPON INSTRUMENTS FOR THE PAYMENT
OF MONEY ONLY.
No. 28.
ON AN ANNUITY BOND.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the defendant by
his bond became bound to the plaintiff in the sum of dollars,
to be paid by the defendant to the plaintiff, subject to a condition
that if the defendant should pay to the plaintiff dollars, half-
yearly on the day of and the day of in
every year during the life of the plaintiff, the said bond should be
void.
2. Afterwards, on the day of , 19 . . , the sum of
dollars, for of the said half-yearly payments of the said
annuity, became due to the plaintiff and is still unpaid.
[Demand of judgment.]
No. 29.
PAYEE AGAINST MAKER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19, . , at , the defendant,
by his promissory note, now overdue, promised to pay to the
plaintiff dollars [days] after date.
CIVIL PROCEDURE CODE. 495
2. He has not paid the same [except dollars, paid on the
day of , 19..]-
[Demand of judgment.]
[Note. — Where the note is payable after notice, for paragraphs 1 and 2
substitute — ]
1. On the day of , 19. . , at , the defendant by
his promissory note promised to pay to the plaintiff. ... . . .dollars,
months after notice.
2. Notice was afterwards given by the plaintiff to the defendant
to pay the same months after the said notice.
3. The said time for payment has elapsed, but the defendant has
not paid the same.
[Where "the note is payable at a particular place, say — ]
1 . On the day of , 19 . . , at , the defendant, by
his promissory note, now overdue, promised to pay to the plaintiff
[at Messrs. A. & Co.'s, Ipoh], dollars, month after date.
2. The said note was duly presented for payment [at Messrs.
A. & Co.'s] aforesaid, but has not been paid.
WHITTEN STATEMENT OF THE DEFENDANT.
In the Court, etc.
C. T>., the above-named defendant, states as follows :
1. The defendant made the note sued upon under the following
circumstances : — The jjlaintiff and defendant had for some years
been in partnership as indigo manufacturers, and it had been agreed
between them that they should dissolve partnership, that the
plaintiff should retire from the business, and that the defendant
should take over the whole of the partnership assets and liabilities
and should pay the plaintiff the value of his share in the assets after
deducting the liabilities.
2. The plaintiff thereupon undertook to examine the partnership
books and enquire into the state of the partnership assets and
liabilities ; and he did accordingly examine the said books and
make the said enquiries, and he thereupon represented to the
defendant that the assets of the firm exceeded $100,000 and that
the liabilities of the firm were less than $30,000, whereas the fact
was that the assets of the firm were less than $50,000, and the
liabilities of the firm largely exceeded the assets.
3. The misrepresentations mentioned in the second paragraph
of this statement induced the defendant to make the note now
sued on, and there never was any other consideration for the making
of such note.
No. 30.
FIRST INDORSEE AGAINST MAKER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the defendant by
his promissory note, now overdue, promised to pay to the order of
E. F. [or to E. F. or order] dollars [ days after date].
496 No. 15 OF 1918.
2. The said E. F. indorsed the same to the plaintiff.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 31.
SUBSEQUENT INDORSEE AGAINST MAKER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. [As in the last preceding form.]
2. The same was, by the indorsement of the said E. F. and of
G. H. and T. J. [or, and others] transferred to the plaintiff.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 32.
FIRST INDORSEE AGAINST FIRST INDORSER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. E. F., on the day of , 19.., at , by his
promissory note, now overdue, promised to pay to the defendant or
order dollars months after date.
2. The defendant indorsed the same to the plaintiff.
3. On the day of , 19 • • , the same was duly presented
for payment, but was not paid.
[Or state facts excusing want of presentment.]
4. The defendant had notice thereof.
5. He has not paid the same.
[Demand of Judgment.]
No. 33.
SUBSEQUENT INDORSEE AGAINST FIRST INDORSER ; THE
INDORSEMENT BEING SPECIAL.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The defendant indorsed to one E. F. a promissory note, now
overdue, made [or purporting to have been made] by one G. H., on
the day of , 19 . . , at , to the order of the defendant
for the sum of dollars [payable days after date].
2. The same was, by the indorsement of the said E. F. [and
others], transferred to the plaintiff [or, the said E. F. [indorsed
the same to the plaintiff].
3. 4, and 5, [Same as 3, 4, and 5 of the last preceding form.]
[Demand of Judgment.]
CIVIL PROCEDURE CODE. 497
No. 34.
SUBSEQUENT INDORSEE AGAINST HIS IMMEDIATE INDORSEE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . The defendant indorsed to liim a promissory note, now overdue,
made [or purportmg to have been made] by one E. F., on the
day of , 19. . , at , to the order of one G. H., for the sum
of dollars [payable days after date], and indorsed by the
said G. H. to the defendant,
2, 3, and 4. [Same as in 3, 4, and 5 in Form No. 33.]
[Demand of Judgment.]
No. 35.
SUBSEQUENT INDORSEE AGAINST INTERMEDIATE INDORSEE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. A promissory note, now overdue, made [or purporting to have
been made] by oneE. F., on the day of , 19. . , at
to the order of one G. H., for the sum of dollars [payable
days after date], and mdorsed by the said G.H. to the defendant,
was by the indorsement of the defendant [and others] transferred to
the plamtiff.
2, 3, and 4. [As in No. 33.]
[Demand of judgment.]
No. 36.
SUBSEQUENT INDORSEE AGAINST MAKER, AND FIRST AND SECOND
INDOESER.
In the Court of at
Civil Suit No
A. B. of
against
C. D. of
E. F. of
and G. H. of
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant,
C. D., by his promissory note, now overdue, promised to pay to the
order of the defendant, E. F., dollars [ months after
date].
2. The said E. F. indorsed the same to the defendant, G. H., who
indorsed it to the plaintiff.
Ill— 32
498 No. 15 OF 1918.
3. On the day of , 19. . , the same was presented
[or state facts excusing want of presentment] to the said CD. for
payment, but was not paid.
4. The said E, F. and G. H. had notice thereof.
5. They have not paid the same.
[Demand of judgment.]
No. 37.
DKAWER AGAINST ACCEPTOR.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19.., at , by his bill of
exchange, now overdue, the plaintiff required the defendant to pay to
him. dollars [ days after date, or sight, thereof].
2. The defendant accepted the said bill. [If the bill is payable
at a certain time after sight, the date of acceptance should be stated ;
otherwise it is not necessary.]
3. He has not paid the same.
4. By reason thereof the plaintiff incurred expenses in and
about the presenting and noting of the bill, and incidental to the
dishonour thereof.
[Demand of judgment.]
[Note. — Where the bill is payable to a third party, for paragraphs 1, 2,
3, say—]
1. On, etc., at, etc., by his bill of exchange, now overdue, directed
to the defendant, the plaintiff required the defendant to pay to E. F.
or order dollars months after date.
2. The plaintiff delivered the said bill to the said E. F. on
3. The defendant accepted the said bill, but did not pay the same,
whereupon the same was returned to the plaintiff.
No. 38.
PAYEE AGAINST ACCEPTOR.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , the defendant accepted
a bill of exchange, now overdue, made [or purporting to have been
made] by one E. F., on the day of , 19. ., at ,
requiring the defendant to pay to the plaintiff dollars
after sight thereof.
2. He has not paid the same.
[Demand of judgment.]
CIVIL PROCEDURE CODE. 499
No. 39.
FreST mDORSEE AGAINST ACCEPTOR.
(Title.)
A. B., the above-named plaintifif, states as follows :
1. On the day of , 19.., the defendant accepted
a bill of exchange, now overdue, made [or purporting to have been
made] by one E. F., on the day of , 19 . . , at ,
requiring the defendant to pay to the order of one G. H
dollars after sight thereof.
2. The said G. H. indorsed the same to plaintiff.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 40.
SUBSEQUENT INDORSEE AGAINST ACCEPTOR.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. [As in the last preceding form to the end of paragraph 1.]
2. By the indorsement of the said G. H. [and others], the same
was transferred to the plaintiff.
3. The defendant has not paid the same.
[Demand of judgment.]
No. 41.
PAYEE AGAINST DRAWER FOR NON-ACCEPTANCE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the defendant,
by his bill of exchange, directed to E. F., required the said E. F.
to pay to the plaintiff dollars [ days after sight].
2. On the. . . .day of , 19. . , the same was duly presented
to the said E. F. for acceptance, and was dishonoured.
3. The defendant had due notice thereof.
4. He has not paid the same.
[Demand of judgment.]
No. 42.
FIRST INDORSEE AGAINST FIRST INDORSER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . The defendant indorsed to the plaintiff a bill of exchange, now
overdue, made [or purporting to have been made] by one E. F., on
500 No. 15 OF 1918.
the day of , 19 . . , at , requiring one G. H.
to pay to the order of the defendant dollars [ days]
after sight [or after date, or at sight] thereof [and accepted by
the said G. H. on the day of , 19. .].
2. On the day of , 19. . , the same was presented to
the said G. H. for payment, and was dishonoured.
3. The defendant had due notice thereof.
4. He has not paid the same.
[Demand of judgment].
No. 43.
SUBSEQUENT INDORSEE AGAINST FIRST INDORSER ; THE
INDORSEMENT BEING SPECIAL.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The defendant indorsed to one E. F. a bill of exchange, now
overdue, made [or purporting to have been made] by one G. H.,
on the day of , 19 . . , at , requiring one I. J. to pay
to the order of the defendant dollars days after sight
thereof [or otherwise], and accepted by the said I. J. on the
day of , 19. . [This clause may be omitted if not according
to the fact.]
2. The same was, by the indorsement of the said E. F. [and others],
transferred to the plaintiff.
3. On the day of , 19. . , the same was presented to
the said I. J. for payment, and was dishonoured.
4. The defendant had due notice thereof.
5. He has not paid the same.
[Demand of judgment.]
No. 44.
SUBSEQUENT INDORSEE AGAINST HIS IMMEDIATE INDORSER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The defendant indorsed to plaintiff a bill of exchange, now
overdue, made [or purporting to have been made] by one E. F., on
the day of , 19 . . , at , requiring one G. H. to pay
to the order of I. J dollars days after sight thereof [or
otherwise], [accepted by the said G. H.] and indorsed by the said
I.J, to the defendant.
2. On the day of , 19. . , the same was presented to
the said G. H. for payment, and was dishonoured.
3. The defendant had due notice thereof.
4. He has not paid the same.
[Demand of judgment.]
CIVIL PROCEDURE CODE. 501
No. 45.
SUBSEQUENT INDORSEE AGAINST INTERMEDIATE INDORSER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. A bill of exchange, now overdue, made [or purporting to have
been made] by one E. F., on the day of , 19 . . , at ,
requiring one G. H. to pay to the order of one I. J dollars
daj^s after sight thereof [or otherwise], [accepted by the said
G. H.] and indorsed by the said I. J. to the defendant, was, by the
indorsement of the defendant [and others], transferred to the
plaintiff.
2. On the day of , 19. . , the same was presented to
the said G. H. for payment, and was dishonoured.
3. The defendant has due notice thereof.
4. He has not paid the same.
[Demand of judgment.]
No. 46.
INDORSEE AGAINST DRAWER, ACCEPTOR, AND INDORSER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant.
C. D., by his bill of exchange, now overdue, directed to the defendant
E. F., required the said E. F. to pay to the order of the defendant
G. H dollars [ days after sight thereof].
2. On the day of , 19. . , the said E. F. accepted the
same.
3. The said G. H. indorsed the same to the plaintiff.
4. On the day of , 19. . , the same was presented to
the said E. F. for payment, and was dishonoured.
5. The other defendants had due notics thereof.
6. They have not paid the same.
[Demand of judgment.]
No. 47.
PAYEE AGAINST DRAWER FOR NON-ACCEPTANCE OF A FOREIGN BILL.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant by
his bill of exchange, drawn in Taiping, required one E. F. to pay to
the plaintiff in [London] pounds sterling [sixty days] after
sight thereof.
502 No. 15 OF 1918.
2. On the day of , 19. . , the same was presented to
the said E. F. for acceptance, and was dishonoured, and was there-
upon duly protested.
3. The defendant had due notice thereof.
4. He has not paid the same.
[5. The value of pounds sterling, at the time of the service
of notice of protest on the defendant, was dollars.]
Wherefore the plaintiff demands judgment against the defendant
for dollars, with [ten per centum] compensation and interest
from the day of , 19. ..
No. 48.
PAYEE AGAINST ACCEPTOR.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , one E. F., by his
bill of exchange, now overdue, directed to the defendant, required
the defendant to pay to the plaintiff dollars after date [or
days after sight] thereof.
2. On the day of . . . . 19. , the defendant accepted the
said bill.
3. He has not paid the same.
[Demand of judgment.]
No. 49.
ON A MARINE [OPEN] POLICY, ON VESSEL LOST BY PERILS OF
THE SEA, ETC,
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff was the owner of [or had an interest in] the ship
at the time of her loss, as hereinafter mentioned,
2. On the day of , 19 . . , at , the defendants, in
consideration of dollars to them paid [or which the plaintiff
then promised to pay], executed to him a policy of insurance upon
the said ship, a copy of which is hereto annexed [or, whereby they
promised to pay to the plaintiff, within days after proof of
loss and interest, all loss and damage accruing to him by reason of
the destruction or injury of the said ship, during her next voyage
from to , whether by perils of the sea or by fire, or by
other causes therein mentioned, not exceeding dollars].
3. The said ship, while j^roceeding on the voyage mentioned in
the said policy, was on the day of , 19. . , totally lost
by the perils of the sea [or otherwise].
4. The plaintiff's loss thereby was dollars.
CIVIL PROCEDURE CODE. 503
5. On the day of , 19. . , he furnished the defendants
with proof of his loss and interest, and othenvise duly performed
all the conditions of the said policy on his part.
6. The defendants have not paid the said loss.
[Demand of judgment.]
No. 50.
ON CARGO, LOST BY FIRE : — VALUED POLICY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff was the owner of [or had an interest in] [one
hundred bales of cotton] on board the ship at the time of her
loss as hereinafter mentioned.
2. On the day of , 19. . , at , the defendants,
in consideration of dollars, which the plaintiff then paid [or
promised to pay], executed to him a policy of insurance upon the
said goods, a copy of which is hereto annexed [or, whereby they
promised to pay to the plaintiff dollars in case of the total
loss, by fire or other causes mentioned, of the said goods before
their landing at ; or, in case of partial loss, such damage
as the plaintiff might sustain thereby, provided the same should
not exceed per centum of the whole value of the goods].
3. On the day of , 19. . , at , while proceeding
on the voyage mentioned in the said policy, the said goods were
totally destroyed by fire (or, as the case may be).
4. 5, and 6. [As in paragraphs 4, 5, and 6 of the last preceding
form.]
[Demand of judgment.]
No. 51.
ON FREIGHT : — VALUED POLICY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff had an interest in the freight to be earned by the
ship on her voyage from to at the time of her
loss as hereinafter mentioned and a large quantity of goods was
shipped upon freight in her at that time.
2. On the day of , 19. . , at , the defendant, in
consideration of dollars to him paid, executed to the plaintiff
a policy of insurance upon the said freight, a copy of which is hereto
annexed [or state its tenor, as before].
3. The said ship, while proceeding upon the voyage mentioned
in the said policy, was, on the day of , 19. . , totally
lost by [the perils of the sea].
4. The plaintiff has not received any freight from the said ship,
nor did she earn any on the said voyage, by reason of her loss as
aforesaid.
5 and 6. [As in Form No. 49.]
[Demand of judgment.]
504 No. 15 OF 1918.
No. 52.
LOSS BY GENERAL AVERAGE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff was the owner of [or had an interest in] [one
hundred bales of cotton] shipped on board a vessel called the Y. Z.,
from to , at the time of the loss hereinafter mentioned.
2. On the day of , 19. . , at , in consideration
of dollars [which the plaintiff then promised to pay], the
defendant executed to the plaintiff a policy of insurance upon his
said goods, a copy of which is hereto annexed [or state its tenor,
as before].
3. On the day of , 19. . , while proceeding on the
voyage mentioned in the said policy, the said vessel was so endan-
gered by perils of the sea that the master and crew thereof were
compelled to, and did, cast into the sea a large part of her rigging
and furniture.
4. The plaintiff was, by reason thereof, compelled to, and did,
pay a general average loss of dollars.
5. On the day of , 19. . , he furnished the defendant
with proof of his loss and interest, and otherwise duly performed
all the conditions of the said policy on his part.
6. The defendant has not paid the said loss.
[Demand of judgment.]
No. 53.
PARTICULAR AVERAGE LOSS.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 and 2. [As in the last preceding form.]
3. On the day of , 19. . , while on the high seas, the
sea water broke into the said ship, and damaged the said [cotton]
to the amount of dollars.
4 and 5. [As in paragraphs 5 and 6 of the last preceding form.]
[Demand of judgment.]
No. 54.
ON A FIRE-INSURANCE POLICY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff [Avas the owner of, or] had an interest in a
[dwelling-house, known as No , street, in the town of
,] at the time of its destruction [or, injury] by fire as herein-
after mentioned.
CIVIL PKOCEDURE CODE. 505
2. On the day of , 19 . . , at , in consideration
of dollars [to them paid], the defendants executed to the
plaintiff a policy of insurance on the said [premises], a copy of
which is hereto annexed [or state its tenor].
3. On the day of , 19. . , the said [dwelling-house]
was totally destroyed [or greatly damaged] by fire.
4. The plaintiff's loss thereby was dollars.
5. On the day of , 19. . , he furnished the defendants
with proof of his said loss and interest, and otherwise duly performed
all the conditions of the said policy on his part.
6. The defendants have not paid the said loss.
[Demand of Judgment.]
No. 55.
AGAINST SURETY FOR PAYMENT OF RENT.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19 . . , at , one E. F. hired
from the plaintiff, for the term of years, the [house No ,
street, ], at the amiual rent of dollars, payable
[monthly].
2. [At the same time and place] the defendant agreed, in con-
sideration of the letting of the said premises to the said E. F., to
guarantee the punctual payment of the said rent.
3. The rent aforesaid for the month of , 19. ., amounting
to dollars has not been paid.
[If, by the terms of the agreement, notice is required to be given
to the surety, add : — ]
4. On the day of , 19. . , the plaintiff gave notice to
the defendant of the non-payment of the said rent, and demanded
payment thereof.
5. He has not paid the same.
[Demand of judgment.]
C— PLAINTS FOR COMPENSATION FOR BREACH OF
CONTRACT.
No. 56.
BREACH OF AGREEMENT TO CONVEY LAND.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff and
defendant entered into an agreement, under their hands, of which
a copy is hereto annexed.
506 No. 15 OF 1918.
[Or, on, etc., the defendant agreed with the plaintiff that, in
consideration of a deposit of dollars then paid, and of the
further sum of [ten thousand] dollars payable as hereinafter men-
tioned, he would, on the day of , 19 . . , at , execute
to the plaintiff a sufficient conveyance of [the house No ,
street, in the town of , free from all incumbrances] ;
and the plaintiff agreed to pay [ten thousand] dollars for the same
on delivery thereof.]
2. On the day of , 19. . , the plaintiff demanded the
conveyance of the said property from the defendant and tendered
dollars to the defendant [or, that all conditions were fulfilled,
and all things happened, and all times elapsed necessary to entitle
the plaintiff to have the said agreement performed by the defendant
on his part].
3. The defendant has not executed any conveyance of the said
property to the plaintiff [or, that there is a mortgage upon the said
projDcrty, made by to , for dollars, registered in
the office of , on the day of , 19. . , and still
unsatisfied, or any other defect of title].
4. The plaintiff has thereby lost the use of the money paid by
him as such deposit as aforesaid and of other moneys provided by
him for the completion of the said purchase and has lost the expenses
incurred by him in investigating the title of the defendant and in
preparing to perform the agreement on his part, and has incurred
expense in endeavouring to procure the performance thereof by
the defendant.
5. The plaintiff prays judgment for dollars compensation.
No. 57.
BREACH OF AGEEEMENT TO PURCHASE LAND.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff and
defendant entered into an agreement, under their hands, of which
a copy is hereto annexed.
[Or, on the day of , 19. . , at , the plaintiff and
defendant mutually agreed that the plaintiff should sell to the
defendant and that the defendant should jjurchasc from the plaintiff
forty acres of land in the village of for dollars.]
2. On the day of , 19. . , at , the plaintiff, being
then the absolute owner of the said property [and the same being
free from all incumbrances, as was made to appear to the defend-
ant], tendered to the defendant a sufficient instrument of
conveyance of the same [or, was ready and willing, and offered, to
convey the same to the defendant by a sufficient instrument], on
the payment by the defendant of the said sum.
3. The defendant has not paid the same.
[Demand of judgment.]
CIVIL PROCEDURE CODE. 507
No. 58.
Another form.
NOT COIVIPLETING A PURCHASE OF IMMOVABLE PEOPERTY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. By an agreement dated the day of , 19. . , it was
agreed by and between the plaintiff and the defendant that the
plaintiff should sell to the defendant and the defendant should
purchase from the plaintiff a house and land at the price of
dollars, upon the terms and conditions following (that is to say) —
(a) That the defendant should pay to the plaintiff a deposit of
dollars in part of the said purchase-money on the
signing of the said agreement, and the remainder on the
day of , 19 . . , on which day the said purchase
should be completed.
(6) That the plaintiff should deduce and make a good title to
the said premises on or before the day of ,
19. ., and on payment of the said remainder of the said
purchase-money as aforesaid should execute to the
defendant a proper conveyance of the said premises, to
be prepared at the defendant's expense.
2. All conditions were fulfilled, and all things happened, and all
times elapsed necessary to entitle the plaintiff to have the said
agreement performed by the defendant on his part, yet the defendant
did not pay the plaintiff the remainder of the said purchase-money as
aforesaid.
3. The plaintiff has thereby lost the expense which he incurred in
preparing to perform the said agreement on his part, and has been
put to expense in endeavouring to procure the performance thereof
by the defendant.
[Demand of judgment.]
No. 59.
NOT DELIVERING GOODS SOLD.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff and
defendant mutually agreed that the defendant should deliver [one
hundred barrels of flour] to the plaintiff [on the day of ,
19 . . ,] and that the plaintiff should pay therefor dollars on
delivery.
2. On the [said] day the plaintiff was ready and willing, and
offered to pay the defendant the said sum upon delivery of the said
goods.
3. The defendant has not delivered the same, whereby the plaintiff
has been deprived of the profits which would have accrued to him
from such delivery.
[Demand of judgment.]
508 No. 15 OF 1918.
No. 60.
BREACH OF CONTRACT TO EMPLOY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff and
defendant mutually agreed that the plaintiff should serve the
defendant as [an accountant, or in the capacity of foreman, or as the
case may be, and that the defendant should employ the plaintiff as
such, for the term of [one year], and pay him for his services
dollars [monthly].
2. On the day of , 19 • • , the plaintiff entered upon the
service of the defendant as aforesaid, and has ever since been, and
still is, ready and willing to continue in such service during the
remainder of the said year, whereof the defendant always has notice.
3. On the day of , 19. . , the defendant wrongfully
discharged the plaintiff, and refused to permit him to serve as
aforesaid, or to pay him for his services.
[Demand of judgment.]
No. 61.
BREACH OF CONTRACT TO EMPLOY, WHERE THE EMPLOYMENT
NEVER TOOK EFFECT.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. [As in last preceding form.]
2. On the day of , 19 . . , at , the plaintiff
offered to enter upon the service of the defendant, and has ever since
been ready and willing so to do.
3. The defendant refused to permit the plaintiff to enter upon
such service, or to pay him for his services.
[Demand of judgment.]
No. 62.
BREACH OF CONTRACT TO SERVE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the plaintiff and
defendant mutually agreed that the plaintiff should employ the
defendant at an [annual] salary of dollars, and that the
defendant should serve the plaintiff as [an artist] for the term of
[one year].
2. The plaintiff has always been ready and willing to perform his
part of the said agreement [and on the day of , 19. . ,
offered so to do].
3. The defendant [entered upon] the service of the plaintiff on the
above-mentioned day, but afterwards, on the day of ,
19. . , he refused to serve the plaintiff as aforesaid.
[Demand of judgment].
CIVIL PROCEDURE CODE. 509
No. 63.
AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the plaintiff and
defendant entered into an agreement, of wliich a copy is hereto
annexed.
[Or state the tenor of the contract.]
[2. The plaintiff duly performed all the conditions of the said
agreement on his part.]
3. The defendant [built the house referred to in the said agreement
in a bad and unworkmanlike manner].
[Demand of judgment.]
No. 64,
BY THE MASTER AGAINST THE FATHER OR GUARDIAN OF AN
APPRENTICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19 . . , at , the defendant
entered into an agreement, under his hand, a copy of which is hereto
annexed.
[Or state the tenor of the contract.]
2. After the making of the said agreement the plaintiff received
the said [apprentice] into his service as such apprentice for the term
aforesaid, and has always performed and been ready and wQlmg to
perform all things in the said agreement on his part to be performed.
3. On the day of , 19 . . , the said [apprentice] wilfully
absented himself from the service of the plaintiff, and continues so
to do.
[Demand of judgment.]
No. 65.
BY THE APPRENTICE AGAINST THE MASTER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the defendant
entered into an agreement wdth the plaintiff and his [father], E. F.,
under their hands, a copy of which is hereto annexed.
2. After the making of the said agreement the plaintiff entered
into the service of the defendant with him after the manner of an
apprentice to serve for the term mentioned in the said agreement,
and has always performed all things in the said agreement contained
on his part to be performed.
3. The defendant has not [instructed the plaintiff in the busmess
of , or state any other breach, such as cruelty, failure to
provide sufficient food, or other ill-treatment].
[Demand of judgment.]
510 No. 15 OF 1918.
No. 66.
ON A BOND FOR THE FIDELITY OF A CLERK.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , plaintiff employed
one E. F. as a clerk.
2. On the day of , 19, at , the defendant
agreed with the plaintiff that if the said E. F. should not faithfully
perform his duties as a clerk to the plaintiff, or should fail to account
to the plaintiff for all moneys, evidences of debt, or other property
received by him for the use of the plaintiff, the defendant would pay
to the plaintiff whatever loss he might sustain by reason thereof,
not exceeding dollars.
[Or, 2. At the same time and place, the defendant bound himself
to the plaintiff, by a writing under his hand, in the penal sum
of dollars, conditioned that if the said E. F. should faithfully
perform his duties as clerk and cashier to the plaintiff, and should
justly account to the plaintiff for all moneys, evidences of debt, or
other property which should be at any time held by him in trust for
the plaintiff, the same should be void but not otherwise.]
[Or, 2. At the same time and place the defendant executed to the
plaintiff a bond, a copy of which is hereto annexed.]
3. Between the day of , 19 . . , and the day of
, 19. . , the said E. F. received money and other property,
amounting to the value of dollars, for the use of the plaintiff,
for which he has not accounted to him, and the same still remains
due and unpaid.
[Demand of judgment.]
No. 67.
BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE. '
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant, by
an instrument in writing, let to the plaintiff [the house No ,
street], for the term of years, contracting with the
plaintiff that he, the plaintiff, and his legal representative should
quietly enjoy possession thereof for the said term.
2. All conditions were fulfilled and all things happened necessary
to entitle the plaintiff to maintain this suit.
3. On the day of during the said term, one E. F., who
was the lawful owner of the said house, lawfully evicted the plaintiff
therefrom, and still withholds the possession thereof from him.
4. The plaintiff was thereby [prevented from continuing the
business of a tailor at the said place, was compelled to expend
dollars in moving, and lost the custom of G. H. and I. J. by such
removal].
[Demand of judgment.]
CIVIL PROCEDURE CODE. 511
No. 68.
BREACH OF WARRANTY OF MOVABLES.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
warranted a steam-engine to be in good working order, and thereby
induced the plaintiff to purchase the same of him, and to pay
liim dollars therefor.
2. The said engine was not then in good working order, whereby
the plaintiff incurred expense in having the said engine repaired, and
lost the profits which could otherwise have accrued to him while the
engine was under repair.
[Demand of judgment.]
No. 69.
ON AN AGREEMENT OF INDEMNITY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the plaintiff and
defendant, being partners in trade under the firm of A. B. and
C. D., dissolved the said partnership, and mutually agreed that the
defendant should take and keep all the partnership property, pay all
debts of the firm, and indemnify the plaintiff against all claims that
might be made upon him on account of any indebtedness of the
said firm.
2. The plaintiff duly performed all the conditions of the said
agreement on his part.
3. On the day of , 19. . , [a judgment was recovered
against the plaintiff and defendant by one E. F., in the Court of . . . .
at , upon a debt due from the said firm to the said E. F., and
on the day of , 19 . . , ] the plaintiff paid dollars [in
satisfaction of the same].
4. The defendant has not paid the same to the plaintiff.
[Demand of judgment.]
No. 70.
BY SHIPOWNER AGAINST FREIGHTOR FOR NOT LOADING.
(Title.)
A. B., the above-named plaintiff, states as follows :
1 . On the day of , 19 . . , at , the plaintiff and
defendant entered into an agreement, a copy of which is hereto
annexed.
[Or, 1 . On , at , the x^laintiff and defendant agreed by
charter-party that the defendant should deliver to the plaintiff's
ship ,at , on the day of , 19. ., five hundred
512 No. 15 OF 1918.
tons of merchandise, which she should carry to , and there
deliver, on payment of freight ; and that the defendant should
have days for loading, days for discharge, and. . . . days
for demurrage, if required, at dollars per day.]
2. At the time fixed for the said agreement the plaintiff was ready
and willing, and offered, to receive [the said merchandise, or, the
merchandise mentioned in the said agreement] from the defendant.
3, The period allowed for loading and demurrage has elapsed, but
the defendant has not delivered the said merchandise to the said
vessel.
Wherefore, the plaintiff demands judgment for dollars for
demurrage and dollars additional for compensation.
D.— PLAINTS FOR COMPENSATION FOR WRONGS.
No. 71.
TRESPASS ON LAND.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
entered upon certain land of the plaintiff, known as [and
depastured the same with cattle, trod down the grass, cut the
timber, and otherwise injured the same].
[Demand of judgment.]
No. 72.
TRESPASS IN ENTERESTG A DWELLING-HOUSE.
(Title.)
A. B., the above-named plaintiff, states as foUows :
1. The defendant entered a dwelling-house of the plaintiff, called
, and made a noise and disturbance therein for a long time,
and broke open the doors of the said dwelling-house, and removed,
took, and carried away the fixtures and goods of the plaintiff therein,
and disposed of the same to the defendant's own use, and expelled
the plaintiff and his family from the possession of the said dwelling-
house, and kept them so expelled for a long time.
2. The plaintiff was thereby prevented from carrying on his
business, and incurred expense in procuring another dwelling-house
for himself and family.
[Demand of judgment.]
No. 73.
TRESPASS ON MOVABLES.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19.., at , the defendant
broke open ten barrels of rum belonging to the plaintiff, and emptied
CIVIL PROCEDURE CODE. 513
their contents into the street [or, seized and took the plaintiff's
goods, that is to say, iron, rice, and household furniture, or as the
case may be, and carried away the same and disposed of them to
his own use].
[Or, seized and took the plaintiff's cows and bullocks, and im-
pounded them and kept them impounded for a long time.]
2. The plaintiff was thereby deprived of the use of the cows and
bullocks during that time, and incurred expense in feeding them
and in getting them restored to him ; and was also prevented from
selling them at fair, as he otherwise would have done, and
the said cows and bullocks are diminished in value to the plaintiff
[otherwise, state the injury according to the facts].
[Demand of judgment.]
No. 74.
CONVEESION OF MOVABLE PROPERTY.
(Title.)
A. B,, the above-named plaintiff, states as follows :
1. On the day of , 19 • • , the plaintiff was in possession
of certain goods described in the schedule hereto annexed [or, of
one thousand barrels of flour].
2. On that day, at , the defendant converted the same to
his own use, and wrongfully deprived the plaintiff of the use and
possession of the same.
[Demand of judgment.]
The Schedule.
No. 75.
AGAINST A WAREHOUSEMAN FOR REFUSAL TO DELIVER GOODS.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19 . . , at , the defendant, in
consideration of the payment to him of dollars [or,
dollars per barrel, per month, etc.], agreed to keep in his godown
[one hundred barrels of flour] and to deliver the same to the plaintiff
on payment of the said sum.
2. Thereupon the plaintiff deposited with the defendant the said
[hundred barrels of flour].
3. On the day of , 19. . , the plaintiff requested the
defendant to deliver the said goods, and tendered him dollars
[or the full amount of storage due thereon], but the defendant
refused to deliver the same.
4. The plaintiff was thereby prevented from selling the said
goods to E. F., and the same are lost to the plaintiff.
[Demand of judgment.]
ni— 33
514 No. 15 or 1918.
No. 76.
PROCURESTG PEOPERTY BY FRAUD.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant,
for the purpose of inducing the plain tiff to sell him certain goods,
represented to the plaintiff that [he, the defendant, was solvent,
and worth dollars over all his liabilities].
2. The plaintiff was thereby induced to sell [and deliver] to the
defendant [dry goods] of the value of dollars.
3. The said representations were false [or, state the particular
falsehoods] and were then known by the defendant to be so.
4. The defendant has not paid for the said goods. [Or, if the
goods were not delivered, the plaintiff, in preparing and shipjDing
the said goods and procuring their restoration expended
dollars.]
[Demand of judgment.]
No. 77.
FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO
ANOTHER PERSON.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
represented to the plaintiff that one E. F. was solvent and in good
credit, and worth dollars over all his liabilities [or, that E. F.
then held a responsible situation and was in good circumstances,
and might safely be trusted with goods on credit].
2. The plaintiff was thereby induced to sell to the said E.F. [rice]
of the value of dollars [on month's credit].
3. The said representations were false and were then known by
the defendant to be so, and were made by him with intent to
deceive and defraud the plaintiff [or, to deceive and injure the
plamtiff],
4. The said E. F. [did not pay for the said goods at the expiration
of the credit aforesaid, or] has not paid for the said rice, and the
plaintiff has wholly lost the same by reason of the premises.
[Demand of judgment.]
No. 78.
POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and at all the times hereinafter mentioned
was, possessed of certain land called and situate in , and
CIVIL PROCEDURE CODE. 515
of a well therein, and of water in the said well, and was entitled
to the use and benefit of the said well and of the said water therein,
and to have certain springs and streams of water which flowed and
ran into the said well to supply the same to flow or run without
being fouled or polluted.
2. On the day of , 19. . , the defendant wrongfully
fouled and polluted the said well and the said water therein and
the said springs and streams of water which flowed into the said
well.
3. By reason of the premises the said water in the said well
became impure and unfit for domestic and other necessary purposes,
and the plaintiff and his family are deprived of the use and benefit
of the said well and water.
[Demand of judgment.]
No. 79.
CARKYING ON A NOXIOUS MANUFACTURE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and at all the times hereinafter mentioned
was, possessed of certain lands called situate in
2. Ever since the day of , 19. . , the defendant has
wrongfully caused to issue from certain smelting works carried on
by the defendant large quantities of offensive and unwholesome
smoke and other vapours and noxious matter, which spread them-
selves over and upon the said lands, and corrupted the air, and
settled on the surface of the said lands.
3. Thereby the trees, hedges, herbage, and crops of the plaintiff
growing on the said lands were damaged and deteriorated in value,
and the cattle and live-stock of the plaintiff on the said lands
became unhealthy, and divers of them were poisoned and died.
4. By reason of the premises the plaintiff was unable to depasture
the said lands with cattle and sheep as he otherwise might have
done, and was obliged to remove his cattle, sheep, and farming-stock
therefrom, and has been prevented from having so beneficial and
healthy a use and occupation of the said lands as he otherwise
would have had.
[Demand of judgment.]
No. 80.
OBSTRUCTING A WAY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and at the time hereinafter mentioned was,
possessed of [a house in the village of ].
2. He was entitled to a right of way from the said [house] over
a certain field to a public highway and back again from the said
highway over the said field to the said house, for himself and his
servants [with vehicles, or, on foot] at all times of the year.
516 No. 15 OF 1918.
3. On the day of , 19. . , the defendant wrongfully
obstructed the said way, so that the plainti£f could not pass [with
vehicles, or, on foot, or, in any manner] along the said way [and
has ever since wrongfully obstructed the same].
4. [State special damage, if any.]
[Demand of judgment.]
Another form.
1. The defendant wrongfully dug a trench and heaped up earth
and stones in the public highway leading from to so
as to obstruct it.
2. Thereby the plamtiff, while lawfully passing along the said
highway, fell over the said earth and stones [or, into the said trench]
and broke his arm, and suffered great pain, and was prevented from
attending to his business for a long time, and incurred expense for
medical attendance.
[Demand of judgment.]
No. 81.
DIVERTING A WATEE-COURSE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and at the time hereinafter mentioned was,
possessed of a mill situated on a [stream] known as the , in
the village of , district of
2. By reason of such possession the plaintiff was entitled to the
flow of the said stream for working the said mill.
3. On the day of , 19. . , the defendant, by cutting
the bank of the said stream, wrongfully diverted the water thereof,
so that less water ran into the plaintiff's mill.
4. By reason thereof the plaintiff has been unable to grind more
than sacks per day, whereas, before the said diversion of
water, he was able to grind sacks per day.
[Demand of judgment.]
No. 82.
OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and was at the time hereinafter mentioned,
possessed of certain lands situate, etc., and entitled to take and
use a portion of the water of a certain stream for irrigating the
said lands.
2. On the day of , 19. . , the defendant prevented
the plaintiff from taking and using the said portion of the said
water as aforesaid, by wrongfully obstructing and diverting the
said stream.
[Demand of judgment.]
CIVIL PROCEDURE CODE. 517
«
No. 83.
WASTE BY A LESSEE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , the defendant hired from
him [the house No , street] for the term of
2. The defendant occupied the same under such hning.
3. During the period of such occupation the defendant greatly
injured the premises [defaced the walls, tore ujd the floors, and broke
down the doors ; or otherwise specify the injuries as far as possible.]
The plaintiff prays judgment for dollars compensation.
No. 84.
ASSAULT AND BATTERY.
(Title.)
A, B., the above-named plaintiff, states as follows :
On the day of , 19 . . , at , the defendant
assaulted and beat him.
The plaintiff prays judgment for dollars compensation.
No. 85.
ASSAULT AND BATTERY, WITH SPECIAL DAMAGE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19.., , at , the
defendant assaulted and beat him until he became insensible.
2. The plaintiff was thereby disabled from attending to his
business for [six weeks thereafter], and was compelled to pay
dollars for medical attendance, and has been ever since disabled
[from using his right arm]. [Or otherwise state the damage, as the
case may be.]
[Demand of judgment.]
No. 86.
ASSAULT AND FALSE IMPRISONMENT.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19 . . , at , the defendant
assaulted the plaintiff and imprisoned him for days [or hours] ;
[state special damage, if any, thus — ].
2. By reason thereof the plaintiff suffered great pain of body and
mind and was exposed and injured in his credit and circumstances,
and was prevented from carrying on his business and from providing
for his family by his personal care and attention, and incurred
expense in obtaining his liberation from the said imprisonment [or
otherwise as the case may be].
[Demand of judgment.]
518 No. 15 OF 1918.
No. 87.
INJURIES CAUSED BY NEGLIGENCE ON A RAILWAY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , the defendants were carriers
of passengers by railway between and
2. On that day the plaintiff Avas a passenger in one of the carriages
of the defendants on the said road.
3. While he was such passenger, at [or, near the station
of ; or, between the stations of and ], a collision
occurred on the said railway, caused by the negligence and unskil-
fulness of the defendants' servants, whereby the plamtiff was much
injured [having his leg broken, his head cut, etc., and state the
special damage, if any, as], and incurred expense for medical
attendance, and is permanently disabled from carrying on his former
business as [a salesman].
[Demand of judgment.]
[Or thus : — 2. On that day the defendants by their servants so
negligently and unskOfully drove and managed an engine and a
train of carriages attached thereto upon and along the defendants'
railway which the j^laintiff was then lawfully crossing, that the
said engine and train were driven against the plaintiff, whereby,
etc., as in § 3.]
No. 88.
INJURIES CAUSED BY NEGLIGENT DRIVING.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is a shoemaker, carrying on business at
The defendant is a merchant of
2. On the day of , 19. . , the plaintiff was walking
eastward along road in the town of , at about 3 o'clock
in the afternoon. He was obliged to cross street, which is a
street running into road at right angles. While he was
crossing this street, and just before he could reach the foot-pavement
on the further side thereof, a carriage of the defendant's drawn by
two horses, under the charge and control of the defendant's servants,
was negligently, suddenly, and without any warning turned at a
rapid and dangerous pace out of street into road. The
pole of the carriage struck the plaintiff and knocked him down,
and he was much trampled by the horses.
3. B}^ the blow and fall and trampling the plamtiff's left arm was
broken, and he was bruised and injured on the side and back, as
well as internally, and in consequence thereof the plaintiff \Aas for
four months ill and in suffering, and unable to attend to his business,
and incurred heavy medical and other expenses, and sustained great
loss of business and profits.
The plaintiff claims dollars damages.
CIVIL PROCEDURE CODE. 519
(Title.)
WRITTEN STATEMENT OF DEEENDANT.
1. The defendant denies that the carriage mentioned in the plaint
was the defendant's carriage, or that it was under the charge or
control of the defendant's servants. The carriage belonged to
[Messrs. E. F. and G. H.] of street, , livery stable-
keepers, employed by the defendant to supply him with carriages
and horses, and the person under whose charge and control the
said carriage Avas Avas the servant of the said [Messrs. E. F. and
G. H.].
2. The defendant does not admit that the said carriage was turned
out of street either negligently, suddenly, or without warning,
or at a rapid or dangerous pace.
3. The defendant says that the plaintiff might and could, by
the exercise of reasonable care and diligence, have seen the said
carriage approaching him, and avoided any collision with it.
4. The defendant does not admit the statements of the third
paragraph of the plaint.
No. 89.
LIBEL ; THE WORDS BEING LIBELLOUS IN THEMSELVES.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19.., at , the defendant
published in a newspaper, called the [or, in a letter addressed
to E. F.], the following words concerning the plaintiff —
[Set forth the words used.]
2. The said publication was false and malicious.
[Demand of judgment.]
No. 90.
LIBEL ; THE WORDS NOT BEING LIBELLOUS IN THEMSELVES.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff [is, and] was, on and before the day of
, 19. . , a merchant doing business in the town of
2. On the day of , 19. . , at , the defendant
published in a newspaper, called the [or, in a letter addressed
to E. F., or otherwise how published], the following words concerning
the plaintiff —
[" A. B., of this town, has modestly retired to foreign lands.
It is said that creditors to the amount of dollars are anxiously
seeking his address."]
3. The defendant meant thereby that [the plaintiff had absconded
to avoid his creditors, and "with mtent to defraud them].
4. The said publication was false and malicious.
[Demand of judgment.]
520 No. 15 OF 1918.
No. 91.
SLANDER ; THE WORDS BEING ACTIONABLE IN THEMSELVES.
(Title.)
A. B., the above-named plaintiff, states as foUows :
1. On the day of , 19. . , at , the defendant
falsely and maliciously spoke, in the hearing of E. F. [or sundry
persons], the following words concerning the plaintiff — [" He is a
thief "].
2. In consequence of the said words the plaintiff lost his situation
as in the employ of
[Demand of judgment.]
No. 92.
SLANDER ; THE WORDS NOT BEING ACTIONABLE IN THEMSELVES.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19 . . , at , the defendant
falsely and maliciously said to one E. F. concerning the plaintiff —
[" He is a young man of remarkably easy conscience "].
2. The plaintiff was then seeking employment as a clerk, and
the defendant meant, by the said words, that the plaintiff was not
trustworthy as a clerk.
3. In consequence of the said words [the said E. F. refused to
employ the plaintiff as a clerk].
[Demand of judgment.]
No. 93.
MALICIOUS PROSECUTION.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
obtained a warrant of arrest from [a Magistrate of the said
town, or, as the case may be], on a charge of , and the plaintiff
was arrested thereon, and imprisoned for [days, or hours, and
gave bail in the sum of dollars to obtain his release.]
2. In so doing the defendant acted maliciously and without
reasonable or probable cause.
3. On the day of , 19 . . , the said Magistrate dismissed
the complaint of the defendant and acquitted the plaintiff.
4. Many persons, whose names are unknown to the plaintiff,
hearing of the said arrest, and supposing the plaintiff to be a cruninal,
have ceased to do business with him ; or, in consequence of the
said arrest, the plaintiff lost his situation as clerk to one E. F. ; or,
by reason of the premises the plaintiff suffered pain of body and
CIVIL PROCEDURE CODE. 521
mind and was prevented from transacting his business, and was
injured in his credit, and incurred expense in obtaining his release
from the said imprisonment and in defending himself against the
said complaint.
[Demand of judgment.]
E.— PLAINTS IN SUITS FOR SPECIFIC PROPERTY.
No. 94.
BY THE ABSOLUTE OWNER FOR THE POSSESSION OF IMMOVABLE
PROPERTY.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. X. Y. was the absolute owner [of the estate, called ,
situate in the district of , and of the estimated value of
dollars ; or, of the house No , street, in the town of
, the estimated value of which is dollars].
2. On the day of , 19. . , Z. illegally dispossessed the
said X. Y. of the said estate [or house].
3. The said X. Y. has since died intestate, leaving the plaintiff,
the said A. B., his heir, him surviving.
4. The defendant withholds the possession of the estate [or
house] from the plaintiff.
The plaintiff prays judgment —
(1) For the possession of the said premises ;
(2) For dollars compensation for Avithholding the same.
Another form.
A. B., the above-named plaintiff, states as follows :
1. On the day of the plaintiff, by an instrument in
writing, let to the defendant a house and premises [No. 52,
street, in the ] for a term of five years from the day of
, at the monthly rent of 300 dollars.
2. By the said instrument the defendant covenanted to keep the
said house and premises in good and tenantable repair.
3. The said instrument also contained a clause of re-entry, entit-
ling the plaintiff to re-enter upon the said house and premises, in
case the rent thereby reserved, whether demanded or not, should
be in arrear for twenty-one days, or in case the defendant should
make default in the performance of any covenant upon his part
to be performed.
4. On the day of , 19. . , a month's rent became due,
and on the day of , 19. . , another month's rent became
due ; on the day of , 19. . , both had been in arrear for
twenty-one days and both are still due.
5. On the same day of , 19 . . , the house and jjremises
were not and are not now in good or tenantable repair, and it would
522 No. 15 OF 1918.
require the expenditure of a large sum of money to reinstate the
same in good and tenantable repair, and the plaintiff's reversion is
much depreciated in value. The plaintiff claims —
(1) Possession of the said house and premises ;
(2) dollars for arrears of rent ;
(3) dollars compensation for the defendant's breach of
his covenant to repair ;
(4) dollars for the occupation of the house and premises
from the day of , 19. . , to the day of recover-
ing possession.
No. 95.
BY THE TENANT.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. One E. F. is the absolute owner of [a piece of land in the town
of , bounded as follows : ], the estimated value of which
is dollars.
2. On the day of , 19. . , the said E. F. let the said
premises to the plaintiff for years, from
3. The defendant withholds the possession thereof from the
plaintiff.
[Demand of judgment.]
No. 96.
MOVABLE PROPERTY WRONGFULLY TAKEN.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , plaintiff owned [or was
possessed of] one hundred barrels of flour, the estimated value of
which is dollars.
2. On that day, at , the defendant took the same.
The plaintiff prays judgment —
(1) For the possession of the said goods, or for dollars
in case such possession cannot be had ;
(2) For dollars compensation for the detention thereof.
No. 97.
MOVABLES WRONGFULLY DETAINED.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , plaintiff owned [or, state
facts shewing a right to the possession] the goods mentioned in the
schedule hereto annexed [or describe the goods], the estimated value
of which is dollars.
CIVIL PROCEDURE CODE. 523
2. From that day until the commencement of this suit the
defendant has detained the same from the plaintiff.
3. Before the commencement of this suit — to wit, on the
day of , 19.. — the plaintiff demanded the same from the
defendant, but he refused to deliver them.
The plaintiff prays judgment —
(1) For the possession of the said goods, or for dollars
in case such possession cannot be had ;
(2) For dollars compensation for the detention thereof.
The Schedule.
No. 98.
AGAINST A FKAUDULENT PURCHASER AND HIS TRANSFEREE WITH
NOTICE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , at , the defendant
[CD.], for the purpose of inducing the plaintiff to sell him certain
goods, represented to the plaintiff that [he was solvent, and worth
dollars over all his liabilities].
2. The plaintiff was thereby induced to sell and dehver to the said
C. D. [one hundred boxes of tea], the estimated value of which is
dollars.
3. The said representations were false, and were then known by
the said C. D. to be so. [Or, That at the time of makmg the said
representations, the said C. D. was insolvent, and knew himself to
be so.]
4. The said CD. afterwards transferred the said goods to the
defendant E. F. without consideration [or who had notice of the
falsity of the representation].
The plaintiff prays judgment —
(1) For the possession of the said goods, or for dollars
in case such possession cannot be had ;
(2) For dollars compensation for the detention thereof.
F.— PLAINTS IN SUITS FOR SPECIAL RELIEF.
No. 99.
FOR RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19. . , the defendant represented
to the plaintiff that a certain piece of ground belonging to the
defendant, situated at , contained [ten acres]
524 No. 15 OF 1918.
2. The plaintiff was thereby induced to purchase the same at the
price of dollars in the belief that the said representation was
true, and signed an instrument of agreement, of which a copy is
hereto annexed. But no conveyance of the same has been executed
to him.
3. On the day of , 19.., the plaintiff paid the
defendant dollars as part of such purchase-money.
4. The said piece of ground contained in fact only [five acres].
The plaintiff prays judgment —
(1) For dollars with interest from the day of ,
19.. ;
(2) That the said agreement of purchase be delivered up and
cancelled.
No. 100.
FOR AN INJUNCTION RESTRAINING WASTE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is the absolute owner of [describe the property].
2. The defendant is in possession of the same under a lease from
the plaintiff.
3. The defendant has [cut down a number of valuable trees, and
threatens to cut down many more for the purpose of sale] without
the consent of the plaintiff.
The plaintiff prays judgment that the defendant be restrained by
injunction from committing or permitting any further waste on the
said premises.
[Pecuniary compensation might also be prayed.]
No. 101.
FOR ABATEMENT OF A NUISANCE.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and at all the times hereinafter mentioned was,
the absolute owner of [the house No , street, ].
2. The defendant is, and at all the said times was, the absolute
owner of [a plot of ground in the same street ].
3. On the day of , 19. . , the defendant erected upon
his said plot a slaughter-house, and still maintains the same ; and
from that day until the present time has continually caused cattle to
be brought and killed there [and has caused the blood and offal to be
thrown into the street opposite the said house of the plaintiff].
4. [The plaintiff has been compelled, by reason of the premises, to
abandon the said house, and has been unable to rent the same.]
The plaintiff prays judgment that the said nuisance be abated.
CIVIL PROCEDUEE CODE. 525
No. 102.
FOR AN INJUNCTION AGAINST THE DIVERSION OF A WATER-COURSE.
(Title.)
A. B., the above-named plaintiff, states as follows :
[As in Form No. 81.]
The plaintiff prays judgment that the defendant be restrained by
injunction from diverting the water as aforesaid.
No. 103.
FOR RESTORATION OF MOVABLE PROPERTY THREATENED WITH
DESTRUCTION, AND FOR AN INJUNCTION.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. The plaintiff is, and at all times hereinafter mentioned was,
the owner of [a portrait of his grandfather which was executed by an
eminent painter], and of which no duplicate exists [or, state any facts
shewing that the property is of a kind that cannot be replaced by
money].
2. On the day of , 19. . , he deposited the same for
safe keeping with the defendant.
3. On the day of , 19 . . , he demanded the same from
the defendant and offered to pay all reasonable charges for the storage
of the same.
4. The defendant refuses to deliver the same to the plaintiff and
threatens to conceal, dispose of, cut, or injure the same if required to
deliver it up.
5. No pecuniary compensation would be an adequate compensa-
tion to the plaintiff for the loss of the [painting].
The plaintiff prays judgment —
(1) That the defendant be restrained by injunction from
disposing of, injuring, or concealing the said [painting] ;
(2) That he return the same to the plaintiff.
No. 104.
INTERPLEADER.
(Title.)
A. B., the above-named plaintiff, states as follows :
1. Before the date of the claims hereinafter mentioned one G. H.
deposited with the plaintiff [describe the property] for [safekeeping].
2. The defendant CD. claims the same under [an alleged assign-
ment thereof to him from the said G. H.].
3. The defendant E. F. also claims the same [under an order of
the said G. H. transferring the same to him].
4. The plaintiff is ignorant of the respective rights of the
defendants.
526 No. 15 OF 1918.
5. He claims no interest in the said property, other than for
charges and costs, and is ready and wiUing to deliver it to such
persons as the Court shall direct.
6. This suit is not brought by collusion with either of the
defendants.
The plaintiff prays judgment —
(1) That the defendants be restrained, by injunction, from
taking any proceedings against the plaintiff in relation
thereto ;
(2) That they be required to interplead together concerning
their claims to the said property ;
[(3) That some person be authorized to receive the said property
pending such Utigation ; ]
(4) That upon delivering the same to such [person] the plaintiff
be discharged from all liability to either of the defendants
in relation thereto.
No. 105.
ADMINISTRATION BY CREDITOR.
(Title.)
A. B., the above-named plaintiff ^ states as follows :
1. E. F., late of , was at the time of his death, and his estate
still is, indebted to the plaintiff in the sum of [here insert
nature of debt and security, if any].
2. The said E. F. made his will, dated the day of ,
and thereof appointed C. D. executor [or, devised his estate in trust,
etc., or, died intestate, as the case may be].
3. The said will was proved by the said C. T>. [or, letters of
admmistration were granted, etc.].
4. The defendant has possessed himself of the movable [and
immovable, or, the proceeds of the immovable] property of the said
E. F. ; and has not paid the plaintiff his said debt.
5. The said E. F. died on or about the day of
6. The plaintiff prays that an account may be taken of the
movable [and immovable] property of the said E. F., deceased, and
that the same may be administered under the decree of the Court.
No. 106.
ADMINISTRATION BY SPECIFIC LEGATEE.
(Title.)
[Alter Form No. 105 thus :]
[Omit paragraph 1 and commence paragraph 2] E. F., late of
, duly made his last will, dated the day of , and
thereof appointed C. D. executor, and by such will bequeathed to the
plaintiff [here state the specific legacy].
CIVIL PKOCEDURE CODE. 527
For paragraph 4 substitute —
The defendant is in possession of the movable property of the said
E. F., and, amongst other things, of the said [here name the subject
of the specific bequest].
For the commencement of paragraph 6 substitute —
The plaintiff prays that the defendant may be ordered to deliver
to him the said [here name the subject of the specific bequest], or
that, etc.
No. 107.
ADMINISTRATION BY PECUNIARY LEGATEE.
(Title.)
[Alter Form No. 105 thus : ]
[Omit paragraph 1 and substitute for paragraph 2] E. F., late of
, duly made his last will, dated the day of , and
thereof appointed C. D. executor, and by such will bequeathed to the
plaintiff a legacy of dollars.
In paragraph 4 substitute " legacy " for " debt."
Another form.
Between E. F Plaintiff,
and G. H Defendant.
E. F., the above-named plaintiff, states as follows :
1. A. B., of K., in the , duly made his last will, dated the
day of 5 19 • • , whereby he appointed the defendant and
M. N. [who died in the testator's lifetime] executors thereof, and
bequeathed his property, whether movable or immovable, to his
executors m trust, to pay the rents and income thereof to the plaintiff
for his life ; and after his decease, and in default of his having a son
who should attain twenty-one, or a daughter who should attain
that age or marry, upon trust as to his immovable property for the
person who would be the testator's heir-at-law, and as to his movable
property for the persons who would be the testator's next-of-kin if he
had died intestate at the time of the death of the plaintiff, and such
failure of his issue as aforesaid.
2. The testator died on the day of , 19 . . , and his will
was proved by the defendant on the day of , 19 . . The
plaintiff has not been married.
3. The testator was at his death entitled to movable and immov-
able property ; the defendant entered into the receipt of the rents of
the immovable property and got in the movable property ; he has
sold some part of the immovable property.
The plaintiff claims —
(1) To have the movable and immovable property of A. B.
administered in this Court, and for that purpose to have
all proper directions given and accounts taken ;
(2) Such further or other relief as the nature of the case may
require.
528 No. 15 OF 1918.
Between E. F Plaintiff,
and G. H Defendant.
WBITTEN STATEMENT OF DEFENDANT.
1. A. B.'s will contained a charge of debts ; he died insolvent ; he
was entitled at his death to some immovable property which the
defendant sold, and which produced the net sum of dollars.
and the testator had some movable property which the defendant
got in, and which produced the net sum of dollars.
2. The defendant applied the whole of the said sums and the sum
of dollars, which the defendant received from rents of the
immovable property, in the payment of the funeral and testamentary
expenses and some of the debts of the testator.
3. The defendant made up his accounts and sent a copy thereof
to the plaintiff on the day of , 19. . , and offered the
plaintiff free access to the vouchers to verify such accounts, but he
declined to avail himself of the defendant's offer.
4. The defendant submits that the plaintiff ought to pay the costs
of this suit.
No. 108.
EXECUTION OF TRUSTS.
In the Court of at
Civil Suit No
A. B. of Plaintiff,
against
C. D, of , the beneficiary ]
[or one of the beneficiaries] J
A. B., the above-named plaintiff, states as follows :
1. The plamtiff is one of the trustees under an instrument of
settlement bearing date on or about the day of , made
upon the marriage of E. F. and G. H., the father and mother of the
defendant [or, an instrument of assignment of the estate and effects
of E. F. for the benefit of C. D., the defendant, and other the creditors
of E. F.]
2. The plaintiff has taken upon himself the burden of the said
trust, and is in possession of [or, of the proceeds ofj the movable
and immovable property conveyed [or assigned] by the before-
mentioned deed.
3. The said C. D. claims to be entitled to a beneficial interest under
the before-mentioned deed.
4. The plaintiff is desirous to account for all the rents and profits
of the said immovable property [and the proceeds of the sale of
the said, or of part of the said, immovable property, or movable
property, or the proceeds of the sale of, or of part of, the said
movable property, or the profits accruing to the plaintiff as such
trustee in the execution of the said trust] ; and he prays that the
Defendant.
CIVIL PROCEDURE CODE. 529
Court will take the accounts of the said trust, and also that the whole
of the said trust-estate may be administered in the Court for the
benefit of the said C. D., the defendant, and all other persons who
may be interested in such administration, in the presence of the
said C. D. and such other persons so interested as the Court may
direct, or that the said C. D. may shew good cause to the contrary.
[^.J5. — Where the suit is by a beneficiary, the plaint may be modelled,
mutatis mutandis, on the plaint by a legatee.]
No. 109.
SPECIFIC PERFORMANCE. (NO. 1.)
(Title.)
m
A. B., the above-named plaintiff, states as follows :
1. By an agreement dated the day of , and signed by
the above-named defendant, C. D., he the said C. D. contracted to buy
of [or sell to] him certain immovable property therein described and
referred to, for the sum of dollars.
2. He has applied to the said C. D. specifically to perform the said
agreement on his part, but he has not done so.
3. The said A. B. has been and still is ready and willing specifically
to perform the agreement on his part of which the said C. D. has had
notice.
4. The plaintiff prays that the Court will order the said C. D.
specifically to perform the said agreement and to do all acts necessary
to put the said A. B. in full possession of the said property [or to
accept a conveyance and possession of the said property] and to pay
the costs of the suit.
[N.B. — In suit for delivery up, to be cancelled, of any agreement, omit
paragraphs 2 and 3, and substitute a paragraph stating generally the groimds
for requiring the agreement to be delivered up to be cancelled — such as that
the plaintiff signed it by mistake, vmder duress, or by the fraud of the
defendant — and alter the prayer according to the relief sought.]
No. 110.
SPECIFIC PERFORMANCE. (NO. 2.)
(Title.)
A. B., the above-named plaintiff, states as follows :
1. On the day of , 19 . . , the defendant was absolutely
entitled to certain immovable property described in the agreement
hereto annexed.
2. On the same day the plaintiff and defendant entered into an
agreement, under their hands, a copy of which is hereto annexed.
3. On the day of , 19 . . , the plaintiff tendered
dollars to the defendant, and demanded a conveyance of the said
property.
4. On the day of , 19 . . , the plaintiff again demanded
such conveyance. [Or, That the defendant refused to convey the
same to the plaintiff.]
Ill— 34
530 No. 15 or 1918.
5. The defendant has not executed such conveyance.
6. The plaintiff is still ready and willing to pay the purchase-
money of the said property to the defendant.
The plaintiff prays judgment —
(1) That the defendant execute to the plaintiff a sufficient
conveyance of the said property [following the terms of
the agreement] ;
(2) For dollars compensation for withholding the same.
No. 111.
PARTNERSHIP,
(Title.)
A. B., the above-named plaintiff, states as follows :
1. He and the said C. D., the defendant, have been for the space of
years [or months] last past carrying on business together
at , within the jurisdiction of this Court, under certain articles
of partnership in writing, signed by them respectively [or, under a
certain deed sealed and executed by them respectively ; or, under a
verbal agreement between them, the said plaintiff and defendant].
2. Divers disputes and differences have arisen between the plaintiff
and defendant as such partners, whereby it has become impossible
to carry on the said busmess in partnership with advantage to the
partners.
3. The plaintiff desires to have the said partnership dissolved, and
he is ready and willing to bear his share of the debts and obligations
of the partnership according to the terms of the said articles [or
deed, or agreement].
4. The plaintiff prays the Court to decree a dissolution of the
said partnership, and that the accounts of the said partnership-
trading may be taken by the Court, and the assets thereof realized,
and that each party may be ordered to pay into Court any balance
due from him upon such partnership account, and that the debts and
liabilities of the said partnership may be paid and discharged, and
that the costs of the suit may be paid out of the partnership assets,
and that any balance remaining of such assets, after such pajmaent
and discharge and the payment of the said costs, may be divided
between the plaintiff and defendant according to the terms of the
said articles [or deed, or agreement], or that, if the said assets shall
prove insufficient, he the plaintiff and the said defendant may be
ordered to contribute in such proportions as shall be just to a fund
to be raised for the payment and discharge of such debts, liabilities,
and costs. And to give such other relief as the Court shall thinlv fit.
This plaint was filed by , of , solicitor for the plamtiff ,
[or by ].
[N.B. — In suits for winding-up of any partnership, omit the prayer for
dissolution ; but instead thereof insert a paragraph stating the fact of the
partnership having been dissolved.]
CIVIL PROCEDURE CODE. 531
No. 112.
FORMS OF CONCISE STATEMENTS.
[Code of Civil Procedure, Section 49.]
The plaintiff's claim is $ for money lent [and interest]. Money lent.
The plaintiff's claim is $ whereof $ is for the price several
of goods sold, and $ for money lent, and $ for interest, demands.
The plaintiff's claim is $ for arrears of rent. j^g^t.
The plaintiff's claim is $ for arrears of salary as a clerk [or, salary, etc
as the case may be].
The plaintiff's claim is $ for interest upon money lent. interest.
The plauitiff's claim is $ for a general average contribution, general
The plaintiff's claim is $ for freight and demurrage. Freight, etc
The plaintiff's claim is $ for money deposited with the sauker-s
defendant as a banl^er. balance.
The plamtiff's claim is $ for fees for work done [and $ pgeg^ etc., as
money expended] as a solicitor. solicitor.
The plaintiff's claim is $ for commission earned as [state commission..
character — as auctioneer, cotton- broker, etc.].
The plaintiff's claim is $ for medical attendance. Medical
mi 1 rv! 1 F p • • 1 attendance.
The plamtiff s claim is $ for a return of premiums paid Return of
upon policies of insurance. premium.
The plaintiff's claim is $ for the warehousing of goods. warehouse-
The plaintiff's claim is S for the carriage of goods by railway, carriage of
The plaintiff's claim is $ for the use and occupation of a useaiidoccupa-
hoUSe ^^^^ °^ house.
The plaintiff's claim is ^ for the hire of [furniture]. Hire of goods.
The plauitiff's claim is $ for work done as a [surveyor]. work done.
The plaintiff's claim is $ for board and lodging. Board and
lodging.
The plaintiff's claim is $ for the [board, lodging, and] tuition schooling.
of X. Y.
The plaintiff's claim is $ for money received by the defend- f^°f^^^_
ant as solicitor [or factor, or collector, or etc.] of the plaintiff.
The plaintiff's claim is for fees received by the defendant Fees of office.
under colour of the office of
The plaintiff's claim is $ for a return of money overcharged Money over
for the carriage of goods by railway.
The plaintiff's claim is S for a return of fees overcharged
by the defendant as
The plaintiff's claim is $ for a retiu'n of money deposited ^^^^J^g™^"^
with the defendant as stake-holder. stake-holder.
The plaintiff's claim is $ for money entrusted to the Money won
defendant as stake-holder and become payable to the plaintiff. holder.
The plaintiff's claim is $ for a return of money entrusted Money entrust-
to the defendant as agent of the plaintiff. ^'^ ^° ^°^'^ '
Money obtained
by fraud.
Money paid by
mistake.
Money paid
for considera-
tion whicli has
failed.
Deposit on
sliares.
Money paid by
surety for
defendant.
Kent paid.
Money paid on
accommodation
bill.
Contribution
by surety.
By co-debtor.
Money paid
or calls.
Money payable
under award.
Life-policy.
Money-bond.
Foreign
judgment.
Bills of
exchange, etc.
Surety.
Calls,
532 No, 15 OF 1918.
The plaintiff's claim is $ for a return of money obtained
from the plaintiff by fraud.
The plaintiff's claim is $ for a return of money paid to the
defendant by mistake.
The plaintiff's claim is $ for a return of money paid to the
defendant for [work to be done, or, work left undone ; or, a bill to be
taken up, or, a bill not taken up ; or, etc.].
The plaintiff's claim is $ for a return of money paid as a
deposit upon shares to be allotted.
The plaintiff's claim is $ for money paid for the defendant
as his surety.
The j)lain tiff's claim is $ for money paid for rent due by
the defendant.
The plamtiff's claim is $ upon a bill of exchange accepted
[or indorsed] for the defendant's accommodation.
The plaintiff's claim is S for a contribution in respect of
money paid by the plaintiff as surety.
The plaintiff's claim is S for a contribution in respect of a
joint debt of the plaintiff and the defendant, paid by the plaintiff.
The plaintiff's claim is $ for money paid for calls upon shares,
against which the defendant was bound to indemnify the plaintiff.
The plaintiff's claim is $ for money payable under an award.
The plaintiff's claim is $ upon a policy of insurance upon
the life of X. Y., deceased.
The plaintiff's claim is $ upon a bond to secure payment
of $ and interest.
The plaintiff's claim is S uj)on a judgment of the
Court in [the Empire of Japan],
The plaintiff's claim is $ upon a cheque drawn by the
defendant.
The plaintiff's claim is $ upon a bill of exchange accepted
[or drawn, or indorsed] by the defendant.
The plaintiff's claim is $ upon a promissory note made [or
indorsed] by the defendant.
The plaintiff's claim is $ against the defendant A. B. as
acceptor, and against the defendant C. D. as drawer [or indorser] of
a bill of exchange.
The plaintiff's claim is $ against the defendant as surety
for the price of goods sold.
The plaintiff's claim is $ against the defendant A. B. as
principal, and against the defendant C, D, as surety, for the price of
goods sold [or for arrears of rent, or for money lent, or for money
received by the defendant A, B. as traveller for the plaintiff, or etc.].
The plaintiff's claim is $ for calls upon shares,
INDORSEMENT FOR COSTS, ETC.
[Add to the above forms] and $ for costs; and if the
amount claimed to be paid to the plaintiff or his solicitor within
days [or if the summons is to be served out of the jurisdiction, insert
CIVIL PROCEDURE CODE. 533
the time for appearance limited by the order] from the service hereof,
further proceedings will be stayed.
DAMAGES AND OTHER CLAIMS.
The plaintiff's claim is for damages for breach of a contract to Agent, eic
employ the plaintiff as traveller.
The plaintiff's claim is for damages for wrongful dismissal from
the defendant's emplojonent as traveller [and $ for arrears
of wages].
The plaintiff's claim is for damages for the defendant's \vrongfully
quitting the plaintiff's employment as manager.
The plaintiff's claim is for damages for breach of duty as factor
[or, etc.,] of the plaintiff [and $ for money received as factor,
or, etc.].
The plaintiff's claim is for damages for breach of the terms of a Apprentices.
deed of apprenticeship of X. Y. to the defendant [or plaintiff].
The plaintiff's claim is for damages for non-compliance with the Arbitration.
award of X. Y.
The plaintiff's claim is for damages for assault [and false Assault, etc.
imprisonment, and for malicious prosecution].
The plaintiffs' claim is for damages for assault and false By husband
imprisonment of the plaintiff, C D.
The plaintiff's claim is for damages for assault by the defendant. Against hus-
p -p. band and wife.
The plamtiff's claim is for damages for injury by the defendant's solicitor,
negligence as solicitor of the plaintiff.
The plaintiff's claim is for damages for negligence in the custody Bailment.
of goods [and for WTongfully detaining the same].
The plaintiff's claim is for damages for negligence in the keeping Pledge.
of goods pawned [and for wrongfully detaining the same].
The plaintiff's claim is for damages for negligence in the custody Hire.
of furniture [or a carriage] lent on hire [and for wrongfully, etc.].
The plaintiff's claim is for damages for wrongfully neglecting [or banker.
refusing] to pay the plaintiff's cheque.
The plaintiff's claim is for damages for breach of a contract to biu.
accept the plaintiff's drafts.
The plaintiff's claim is upon a bond conditioned not to carry on ^oud.
the trade of a
The plaintiff's claim is for damages for refusing to carry the Carrier.
plaintiff's goods by railway.
The plaintiff's claim is for damages for refusing to carry the
plaintiff by railway.
The plaintiff's claim is for damages for breach of duty in and
about the carriage and delivery of coals by railway.
The plaintiff's claim is for damages for breach of duty in and
about the carriage and delivery of machinery by sea.
The plaintiff's claim is for damages for breach of charter-party charter party.
of ship [Mary],
534
No. 15 OF 1918.
Claim for re-
turn of goods ;
damages.
Damages for
depriving of
goods.
Defamation.
■Wrongful
distress.
Ejectment.
To establish
title and re-
cover rents.
Fishery.
Fraud.
Guarantee.
Insurance.
Fire-insurance.
Landlord and
tenant.
Medical man.
Mischievous
animal.
N^ligence.
The plaintiff's claim is for return of household furniture [or, etc.]
or their value, and for damages for detaining the same.
The plaintiff's claim is for Avrongfully depriving plaintiff of goods,
household furniture, etc.
The plaintiff's claim is for damages for libel.
The plaintiff's claim is for damages for slander.
The plaintiff's claim is for damages for improperly distraming.
[This form shall be sufficient "whether the distress complained of be
wrongful, or excessive, or irregular.]
The plaintiff's claim is to recover possession of a house. No
in street, or of a farm called Blackacre, situate in the
of in the of
The plaintiff's claim is to establish his title to [here describe
property] and to recover the rents thereof.
[The two previous forms may be combined.]
The plaintiff's claim is for damages for infringement of the
plaintiff's right of fishing.
The plaintiff's claim is for damages for fraudulent misrepresenta-
tion on the sale of a horse [or a business, or shares, or, etc.]
The plaintiff's claim is for damages for fraudulent misrepresenta-
tion of the credit of A. B.
The plaintiff's claim is for damages for breach of a contract of
guarantee for A. B.
The plaintiff's claim is for damages for breach of a contract to
indemnify the plaintiff as the defendant's agent to distrain.
The plaintiff's claim is for a loss under a policy upon the ship
[Royal Charter], and freight of cargo [or for return of premiums].
[This form shall be sufficient whether the loss claimed
be total or partial.]
The plaintiff's claim is for a loss under a policy of fire-insurance
upon house and furniture.
The plaintiff's claim is for damages for breach of a contract to
insure a house.
The plaintiff's claim is for damages for breach of a contract to
keep a house in repair.
The plaintiff's claim is for damages for breaches of covenants
contained in a lease of a farm.
The plaintiff's claim is for damages for injury to the plaintiff
from the defendant's negligence as a medical man.
The plaintiff's claim is for damages for injury by the defendant's
dog.
The plaintiff's claim is for damages for injury to the plaintiff by
the negligent driving of the defendant or his servants.
The plaintiff's claim is for damages for injury to the plaintiff
while a passenger on the defendant's railway by the negligence of
the defendant's servants.
CIVIL PEOCEDUKE CODE. 535
The plaintiff's claim is for damages for injury to the plaintiff at
the defendant's railway- station from the defective condition of the
station.
The plaintiff's claim is as executor of A, B., deceased, for damages
for the death of the said A. B. from injuries received while a pas-
senger on the defendant's railway, by the negligence of the
defendant's servants.
The plaintiff's claim is for damages for breach of promise of Promise of
marriage. '""'^*^^-
The plamtiff's claim is for damages for breach of contract to saie of goods,
accept and pay for goods.
The plaintiff's claim is for damages for non-delivery [or short
delivery, or defective quality, or other breach of contract of sale]
of cotton [or, etc.].
The plaintiff's claim is for damages for breach of warranty of a Horee
horse. """"'^'^•
The plaintiff's claim is for damages for breach of a contract to saieofiand
sell [or purchase] land.
The plaintiff's claim is for damages for breach of a contract to
let [or take] a house.
The plaintiff's claim is for damages for breach of a contract to
sell [or purchase] the lease, with goodwill, fixtures, and stock-in-trade
of a public-house.
The plaintiff's claim is for damages for breach of covenant for
title [or for quiet enjoyment, or, etc.] in a conveyance of land.
The plaintiff's claim is for damages for wrongfully entering the Trespass on
plaintiff's land and drawing water from his well [or cutting his '^"'^'
grass, or felling his timber, or pulling down his fences, or removing
his gate, or using his road or path, or crossing his field, or depositing
sand there, or carrjdng away gravel from thence, or carrying away
stones from his river].
The plaintiff's claim is for damages for wrongfully taking away support.
the support of plaintiff's land [or house, or mine].
The plaintiff's claim is for damages for wrongfully obstructing a way.
way [public highway, or private way].
The plaintiff's claim is for damages for wrongfully diverting [or water-oourse,
obstructing, or polluting, or diverting water from] a water-course. ®*°'
The plaintiff's claim is for damages for wrongfully discharging
water upon the plaintiff's land [or into the plaintiff's mine].
The plaintiff's claim is for damages for wrongfully obstructing the
plaintiff's use of -a well.
The plaintiff's claim is for damages for infringement of the pasture.
plaintiff's right of pasture.
[This form shall be sufficient whatever the nature of the right
to pasture be.]
The plaintiff's claim is for damages for obstructing the access of Light,
light to plaintiff's house.
The plaintiff's claim is for damages for infringement of the invention.
plaintiff's grant of exclusive privileges in respect of an invention.
536
No. 15 OF 1918.
Copyright.
Trade-mart.
Work.
Nuisance.
Injunction.
Mesne profits.
Arrears of rent.
Breach of
covenant.
The plaintiff's claim is for damages for infringement of the
plaintiff's copyright.
The plaintiff's claim is for damages for wrongfully using [or
imitating] the plaintiff's trade-mark.
The plaintiff's claim is for damages for breach of a contract to
build a ship [or to repair a house, etc.].
The plaintiff's claim is for damages for breach of a contract to
employ the plaintiff to build a ship, etc.
The plaintiff's claim is for damages to his house, trees, crops, etc.,
caused by noxious vapours from the defendant's factory [or, etc.].
The plaintiff's claim is for damages from nuisance by noise from
the defendant's works [or stables, or, etc.].
[Add to indorsement] : — and for an injunction.
[Add to indorsement where claim is to land, or to establish title,
or both] —
And for mesne profits.
And for an account of rents or arrears of rent.
And for breach of covenant for [repairs].
I. — CREDITOR TO ADMINISTER ESTATE.
The plaintiff's claim is as a creditor of X. Y., of , deceased,
to have the movable and immovable property of the said X. Y.
administered. The defendant, C. D., is sued as the administrator
of the said X. Y.
II. — LEGATEE TO ADMINISTER ESTATE.
The plaintiff's claim is as a legatee under the will dated the
day of , 19. . , of X. Y. deceased, to have the movable and
immovable property of the said X. Y. administered. The defendant,
C. D., is sued as the executor of the said X. Y. [and the defendants
E. F. and G. H. as his devisees].
in . PARTNERSHIP .
The plaintiff's claim is to have an account taken of the partner-
ship-dealings between the plaintiff and defendant [under articles
of partnership dated the day of ], and to have the
affairs of the partnership wound up.
IV. — BY MORTGAGEE.
The plaintiff's claim is to have an account taken of what is due
to him for principal, interest, and costs on a mortgage dated the
day of , made between [parties] [or, by deposit of title
deeds], and that the mortgage may be enforced by foreclosure or
sale.
V. — RAISING PORTIONS.
The plaintiff's claim is that the sum of $ which, by a
deed of settlement dated , was provided for the portions of
the younger children of may be raised.
CIVIL PEOCEDURE CODE. 537
VI. — EXECUTION OF TRUSTS.
The plaintiff's claim is to have the trusts of an indenture dated
and made between [parties] carried into execution.
Vn. — CANCELLATION OR RECTIFICATION.
The plaintiff's claim is to have a deed dated and made
between [parties] set aside or rectified.
Vni.— SPECIFIC PERFORMANCE.
The plaintiff's claim is for specific performance of an agreement
dated the day of for the sale by the plaintiff to the
defendant of certain land at
No. 113.
PROBATE.
1. — BY AN EXECUTOR OR LEGATEE PROPOUNDING A WILL IN
SOLEMN FORM.
The plaintiff claims to be executor of the last will, dated the
...... day of , of C. D., late of , deceased, who died on
the day of , and to have the said wiU established. This
summons is issued against you as one of the next-of-kin of the said
deceased [or, as the case may be].
2. — BY AN EXECUTOR, OR LEGATEE OF A FORMER WILL, OR A NEXT-
OF-KIN, ETC., OF THE DECEASED, SEEKING TO OBTAIN THE
REVOCATION OF A PROBATE GRANTED IN COMMON FORM.
The plaintiff claims to be executor of the last will, dated the
day of , of C. D., late of , deceased, who died on
the day of , and to have the probate of a pretended
will of the said deceased, dated the day of , revoked.
This summons is issued against you as the executor of the said
pretended will [or, as the case may be].
3. — BY AN EXECUTOR OR LEGATEE OF A WILL WHEN LETTERS OF
ADMINISTRATION HAVE BEEN GRANTED AS IN AN INTESTACY.
The plaintiff claims to be executor of the last will of C. D., late
of , deceased, who died on the day of , dated
the day of
The plaintiff claims that the grant of letters of administration
of the estate of the said deceased obtained by you should be revoked,
and probate of the said will granted to him.
4. — BY A PERSON CLAIMING A GRANT OF ADMINISTRATION AS A
NEXT-OF-KIN OF THE DECEASED, BUT WHOSE INTEREST AS NEXT-
OF-KIN IS DISPUTED.
The plaintiff claims to be the brother and sole next-of-kin of C. D.,
of , deceased, who died on the day of , intestate,
and to have as such a grant of administration to the property of
the said intestate. This writ is issued against you because you
have entered a caveat and have alleged that you are the sole next-
of-kin of the deceased [or, as the case may be].
538
No. 15 OF 1918.
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CIVIL PEOCEDUKE CODE.
539
Notice— 1. Should you apprehend
your witnesses will not
attend of their own
accord, you can have
summons from this
Court to compel the
attendance of any wit-
ness, and the produc-
tion of any document
that you have a right
to call upon the wit-
ness to produce, on
applying to the Court
at any time before the
trial, on your deposit-
ing their necessary
subsistence-money.
2. If you admit the de-
mand, you should pay
the money into Court
with the costs of the
suit, to avoid the sum-
mary execution of the
decree, which may be
against your person or
property, or both, if
necessary.
No. 115.
SUMMONS FOR DISPOSAL OF SUIT.
(Title.)
To dwelling at
Whereas has instituted a suit
against you for , you are hereby
summoned to appear in this Court in
person or by a duly authorized solicitor
of the Court, duly instructed, and able
to answer all material questions relating
to the suit, or who shall be accompanied
by some other person able to answer all
such questions, on the day
of , 19. ., at o'clock in
the forenoon, to answer the above-
named plaintiff ; and, as the day fixed
for your appearance is appointed for
the final disposal of the suit, you must
be prepared to produce all your wit-
nesses on that day ; and you are
hereby required to take notice that, in
default of your appearance on the day
before-mentioned, the suit will be heard
and determined in your absence ; and
you will bring with you, or send by
your solicitor , which the plaintiff
desires to inspect, and any documents
on which you intend to rely in support
of your defence.
Given under my hand and the seal
of the Court, this day of ,
19..
[L.S.] Judge.
Note. — If written statements are required, say — Yon are [or such a party-
is, as the case may be] required to put in a written statement by the
day of , ...
If the summons is for service out of the Federated Malay States, delete
" will be heard and determined " and substitute " may by leave of the Court
be heard and determined."
116.
SUMMONS FOR SETTLEMENT OF ISSUES.
(Title.)
To dwelling at
Whereas has instituted a suit
against you for , you are hereby
summoned to appear in this Court in
person or by a duly authorized solicitor
of the Court, duly instructed, and able
to answer all material questions relating
to the suit, or who shall be accompanied
NOTICE — 1. Should you apprehend
your witnesses will
not attend of their
own accord, you can
have summons from
this Court to compel
the attendance of any
witness, and the pro-
duction of any docu-
ment ihat you have a
right to call on the
witness to produce, on
540 No. 15 OF 1918.
applying to the Court \)y some other person able to answer
at any time before the i, i • , i
trial, on your deposit- all SUCh questions, OH the
^ulsistent-moner''^ day of , 19 . . , at o'clock in
2. If you admit the ^j^g forenoon, to answer the above-
demand, you should i i • i • /v i i i
pay the money into named plain till ; and you are hereby
of°"t'^e''sull, to' aTow required to take notice that, in default
the summary exeou- Qf your appearance on the day before-
tion 01 ttlG ClGCrGG </ x x «/
which may be against mentioned, the issucs will be settled in
[ro?ToTh,"if'nres: your absence ; and you will bring with
^^^- you, or send by your solicitor ,
which the plaintiff desires to inspect,
and any documents on which you
intend to rely in support of your
defence.
Given under my hand and the seal
of the Court, this day of ,
19..
[L.S.] Judge.
Note. — If written statements are required, say — You are [or such a party
is, as the case may be] required to put in a written statement by the day
of , ...
No. 117.
SUMMONS TO APPEAR.
(Title.)
To
(Name, description, and address.)
Whereas [here enter the name, description, and address of the
plaintiff] has instituted a suit in this Court against you [here state
the particulars of the claim as in the register] : you are hereby
summoned to appear in this Court in person on the day of
, at in the forenoon. [If not sjaecially required to
appear in person, state — " in person or by a solicitor of the Court,
duly instructed, and able to answer all material questions relating
to the suit, or who shall be accompanied by some other person able
to answer all such questions "] to answer the above-named plaintiff
[if the summons be for the final disposal of the suit, this further
direction shall be added here ; " and as the day fixed for your
appearance is appointed for the final disposal of the suit, you must
be prepared to produce all your witnesses on that day "] ; and you
are hereby requu-ed to take notice that, in default of your appear-
ance on the day before-mentioned, the suit will be heard and
determined in your absence ; and you will bring with you (or send
by your agent) [here mention any document the production of
which may be required by the plaintiff], which the plaintiff desires
to inspect, and any documents on which you intend to rely in
support of your defence.
Given under my hand and the seal of the Court, this. day
of , 19...
[L.S.] Judge.
CIVIL PROCEDURE CODE. 541
No. 118.
ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE
JURISDICTION OF ANOTHER COURT.
(Title.)
The day of , 19...
Whereas it is stated in the plaint that , the defendant
in the above suit , is at present residing in , but that
the right to sue accrued within the jurisdiction of this Court : it
is ordered that a summons, returnable on the day of ,
19 . . , be forwarded for service on the said defendant to the Court
of , with a duplicate of this proceeding.
[L.S.] Judge.
No. 119.
TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT.
In the Court of at
Civil Suit No of 19...
The day of , 19...
A. B. of
against
CD. of
Read the proceeding from the forwarding for service
on in civil No of that Court.
Read bailiff's endorsement on the back of the process stating that
the ; and proof of the above having been duly taken by me
on the [oath or] affirmation of and it is ordered that the
be returned to the with a copy of this proceeding.
[L.S.] Judge.
Note. — This form will be applicable to process other than stunmons, the
service of which may have to be effected in the same manner.
No. 120.
defendant's STATEMENT.
(Title.)
I, the undersigned defendant, [or one of the defendants], disclaim
all interest under the will of the said E. F. in the plaint named [or,
as next-of-kin, or one of the next-of-kin, of E. F., deceased, in the
said plaint named].
Or, I, the undersigned defendant state, that I admit [or deny]
[here repeat in the language of the plaint the statements admitted
or denied].
542 No. 15 OF 1918.
Or, I, the undersigned defendant, submit that, upon the facts
stated in the plaint, it does not appear that there is any agreement
which can be legally enforced [or, that it appears upon the said
plaint that I am jointly liable with one E. F., who is not a party
to the suit, and not severally liable as by the plaint appears ; or,
that it appears by the said plaint that G. H. should have been a
joint-plaintiff with the said A. B. in the said suit ; or, as the case
may be].
Or, that since the dissolution of the partnership the plaintiff has
executed an instrument, whereby the plaintiff covenants to discharge
all debts and liabilities of the partnership, and generally to release
me from all claims and liabilities either by or to himself and others
in respect of the said partnership trading [or, as the case may be],
(Signed) C. D.,
Dejendant.
No. 121.
INTERROGATORIES.
In the Court of at
Civil Suit No of 19...
A. B.
against
C. D., E. F., and G. H.
Interrogatories on behalf of the above-named A. B. [or C. D.] for
the examination of the above-named E. F. and G. H. [or, A. B.].
1. Did not, etc.,
2. Has not, etc.,
The defendant E. F, is required to answer the interrogatories
numbered
The defendant G. H. is required to answer the interrogatories
numbered
No. 122.
FORM OF NOTICE TO PRODUCE DOCUMENTS.
(Title.)
Take notice that the plaintiff [or defendant] requires you to
produce for his inspection the following documents referred to in
your plaint [or written statement, or affidavit], dated the day
of , 19..
(Describe documents required.)
X. Y., Solicitor for the plaintiff [or the defendant].
To Z.,
Solicitor for the defendant [or plaintiff].
CIVIL PKOCEDURE CODE. 543
No. 123.
SUMMONS TO ATTEND AND GIVE EVIDENCE.
(Title.)
To
Whereas your attendance is required to on behalf of the
in the above cause, you are hereby required [personally to
appear before this Court] on the day of , 19.., at
the hour of a.m. [and] to bring with you or to send to this
Court
A sum of $ , being your travelling and other expenses and
subsistence- allowance for one day, is herewith sent. If you do not
comply mth this order, you will be subject to the consequence of
non-attendance laid do\yn in the Code of Civil Procedure.
Notice. — (1) If you are summoned only to produce a document
and not to give evidence, you shall be deemed to have complied with
the summons if you cause such document to be produced in this
Court on the day and hour aforesaid.
(2) If you are to be detained beyond the day aforesaid a sum of
$ will be tendered to you for each day's attendance beyond
the day specified.
Given under my hand and the seal of the Court, this day of
19..,
[L.S.] Judge.
No. 124.
Another form.
(Title.)
To
[Name, description, and address.]
You are hereby summoned to appear in this Court in person on
the day of , 19. . , at , in the forenoon, to give
evidence on behalf of the plaintiff [or the defendant] in the above-
mentioned suit, and to produce [here describe with convenient
certainty any document the production of which may be required ; if
the summons be only to give evidence, or if it be only to produce a
document, it must be expressed accordingly], and you are not to
depart thence until you have been examined [or have produced the
document] and the Court has risen, unless you have obtained the
leave of the Court.
FORMS OF DECREES.
No. 125.
simple money-deckees.
(Title.)
Claim for
This cause coming on for final disposal before in the
presence of on the part of the plaintiff, and on the part
of the defendant, it is ordered that the do pay to the
544
No. 15 OF 1918.
the sum of $ , with interest thereon at the rate of
per cent, per , from to the date of realization of the said
sum, and do also pay to the the costs of this suit as taxed by
the officer of the Court, with interest thereon at the rate aforesaid
from the date of taxation to the date of realization.
COSTS
OF SUIT.
Plaintiff.
Defendant.
$
c.
$
c.
1. Stamp for jDlaint .
Stamp for power . .
2. ,, for power .
,, for petition. .
3. ,, for exhibits
Solicitor's fees
4. Solicitor's fees . .
Subsistence for wit-
5. Translation fee . .
nesses
6. Subsistenceforwit-
Service of process . .
nesses . .
Translation fee
7. Commissioner's fee
Commissioner's fee .
8. Service of process
9. Etc
■
Total . .
Total . .
Given under my hand and the seal of the Court, this day
of 19...
[L.S.]
Judge.
No. 126.
DECREE FOR A SALE IN A SUIT BY A PERSON ENTITLED TO A LIEN.
(Title.)
It is ordered that it be referred to the Registrar [or Taxing
Officer] to take an account of what is due to the plaintiff for principal
and interest on the lien mentioned in the plaint, and to tax the
plaintiff's cost of this suit, and that the Registrar [or Taxing Officer]
do declare in Court on the day of what he shall find to be
due for principal and interest as aforesaid, and for costs ; And upon
the defendant paying into Court what shall be certified to be due to
the plaintiff for principal and interest as aforesaid, together with the
said costs, within six months from the date of declaring in Court
the amount so due, it is ordered that the plaintiff do deliver up to
the defendant or to such person as he appoints all documents in his
custody or power relating to the said lien, and that upon such
documents being delivered up, the Registrar [or Taxing Officer] shall
pay out to the plaintiff the said sura so paid in as aforesaid for
principal, interest, and costs ; but in default of the defendant paying
into Court such princii)al, interest, and costs as aforesaid by the
CIVIL PROCEDURE CODE. 545
time aforesaid, then it is ordered that the said premises subject to
the said lien be sold with the approbation of the Registrar [or
Taxing Officer]. And it is ordered that the proceeds of such sale
(after defraying thereout the expenses of the sale) be paid into Court,
to the end that the same may be duly applied in payment of Avhat
shall be found due to the plaintiff for principal, interest, and costs as
aforesaid, and that the balance (if any) shall be paid to the defendant
or other person entitled to receive the same.
No. 127.
PRELIMINARY ORDER — ADMINISTRATION SUIT.
(Title.)
It is ordered that the following accounts and enquiries to be taken
and made ; that is to say :
In creditor's suit —
1. That an account be taken of what is due to the plaintiff and
all other the creditors of the deceased.
In suits by legatees —
2. An account be taken of the legacies given by the testator's will.
In suits by next-of-kin —
An enquiry be made and account taken of what, or of what share,
if any, plaintiff is entitled to as next-of-kin [or one of the next-of-kin]
of the intestate.
[After the first paragraph, the order will, where necessary, order,
in a creditor's suit, enquiry and accounts for legatees and next-of-kin.
In suits by claimants other than creditors, after the first paragraph,
in all cases, an order to enquire and take an account of creditors will
follow the first paragraph, and such of the orders as may be necessary
will follow, omitting the first formal words. The form is continued
as in a creditor's suit.]
3. An account of the funeral and testamentary expenses.
4. An account of the movable property of the deceased come to
the hands of the defendant, or to the hands of any other person by
his order or for his use.
5. An enquiry what part (if any) of the movable property of the
deceased is outstanding and undisposed of.
6. And it is further ordered that the defendant do, on or before
tl^ day of next, pay into Court all sums of money which
shall be found to have come to his hands, or to the hands of any
person by his order or to his use.
7. And that if the Registrar shall find it necessary for carrying
out the objects of the suit to sell any part of the movable property of
the deceased, the same be sold accordingly, and the proceeds paid
into Court.
8. And that Mr. E. F. be Receiver in the suit (or proceeding), and
receive and get in all outstanding debts and outstanding movable
property of the deceased, and pay the same into the hands of the
III— 35
546 No. 15 OF 1918.
Registrar (and give security by bond for the due performance of his
duties to the amount of dollars).
9. And it is further ordered that if the movable property of the
deceased be found insufficient for carrying out the objects of the suit,
then the following further enquiries be made, and accounts taken,
that is to say —
(a) An enquiry what immovable property the deceased was
possessed of or entitled to at the time of his death ;
{b) An enquiry what are the incumbrances (if any) affecting
the immovable property of the deceased, or any part
thereof ;
(c) An account, so far as possible, of what is due to the several
incumbrancers, with a statement of the priorities of such
of the incumbrancers as shall consent to the sale hereinafter
directed.
10. And that the immovable property of the deceased, or so much
thereof as shall be necessary to make the fund in Court sufficient
to carry out the objects of the suit, be sold with the approbation of
the Judge, free from incumbrances (if any) of such incumbrancers as
shall consent to the sale and subject to the incumbrances of such of
them as shall not consent.
11. And it is ordered that G. H. shall have the conduct of the sale
of the immovable property, and shall prepare the conditions and
contracts of sale subject to the approval of the Registrar, and that in
case any doubt or difficulty shall arise the papers shall be submitted
to the Judge to settle.
12. And it is further ordered that, for the purpose of the enquiries
hereinbefore directed, the Registrar shall advertise in the newsjoapers
according to the practice of the Court, or shall make such enquiries
in any other way which shall appear to the Registrar to give the most
useful jDublicity to such enquiries.
13. And it is ordered that the above enquiries and accounts be
made and taken, and that all other acts ordered to be done be com-
pleted, before the day of , and that the Registrar do
certify the result of the enquiries, and the accounts, and that all other
acts ordered are completed, and have his certificate in that behalf
ready for the inspection of the parties on the day of
14. And, lastly, it is ordered, that this suit [or matter] stand
adjourned for making final decree to the day of
[Such part only of this order is to be used as is applicable to the
particular case.]
No. 128.
PINAL DECREE IN AN ADMINISTRATION SUIT BY A LEGATEE.
(Title.)
1. It is ordered that the defendant do on or before the
day of pa}^ into Court the sum of S , the balance
by the said certificate found to be due from the said defendant on
account of the estate of , the testator, and also the sum
CIVIL PROCEDURE CODE. 547
of S for interest, at the rate of $ per centum per annum,
from the day of to the clay of , amounting
together to the sum of $
2. Let the Registrar [or Taxing Officer] of the said Court tax the
costs of the plaintiff and defendant in this suit, and let the amount of
the said costs, when so taxed, be paid out of the said sum of $
ordered to be paid into Court as aforesaid, as follows :
(a) The costs of the plaintiff to Mr , his attorney [or
solicitor], and the costs of the defendant to Mr ,
his attorney [or solicitor].
(b) And (if any debts are due) with the residue of the said sum
of $ after payment of the plaintiff's and defendant's
costs as aforesaid, let the sums found to be owing to the
several creditors mentioned in the schedule to the
Registrar's certificate, together with subsequent interest
on such of the debts as bear interest, be paid ; and after
making such payments, let the amount coming to the
several legatees mentioned in the schedule, together
with subsequent interest (to be verified as aforesaid), be
paid to them.
3. And if there should then be any residue, let the same be paid to
the residuary legatee.
No. 129.
DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN
EXECUTOR IS HELD PERSONALLY LIABLE FOR THE PAYMENT OF
LEGACIES.
(Title.)
1. Declared that the defendant is personally liable to pay the
legacy of $ bequeathed to the plaintiff ;
2. And it is ordered that an account be taken of what is due for
principal and interest on the said legacy ;
3. And it is also ordered that the defendant do, within weeks
after the date of the Registrar's certificate, pay to the plaintiff the
amount of what the Registrar shall certify to be due for principal and
interest ;
4. And it is ordered that the defendant do pay the plaintiff his
costs of suit, the same to be taxed in case the parties differ.
No. 130.
FINAL DECREE IN AN ADMINISTRATION-SUIT BY NEXT-OF-KIN.
(Title.)
1. Let the Registrar of the said Court tax the costs of the plaintiff
and defendant in this suit, and let the amount of the plaintiff's costs,
when so taxed, be paid by the defendant to the plaintiff out of
the sum of S , the balance by the said certificate found to be
due from the said defendant on account of the personal estate of E. F. ,
548 No. 15 OF 1918.
the intestate, within one week after the taxation of the said costs by
the said Registrar, and let the defendant retain for her own use out of
such sum her costs, when taxed.
2. And it is ordered that the residue of the said sum of $ ,
after payment of the plaintiff's and defendant's costs as aforesaid, be
paid and applied by the defendant as follows :
(a) Let the defendant, within one week after the taxation of the
said costs by the Registrar as aforesaid, pay one-third
share of the said residue to the plaintiffs, A. B. and C, his
wife, in her right as the sister and one of the next-of-kin of
the said E. F., the intestate ;
(b) Let the defendant retain for her own use one other third
share of the said residue, as the mother, and one other
of the next-of-kin, of the said E. F., the intestate ;
(c) And let the defendant, within one week after the taxation
of the said costs by the Registrar as aforesaid, pay the
remaining one-third share of the said residue to G. H.,
as the brother, and the other next-of-kin, of the said
E. F., the intestate.
No. 13L
ORDER — DISSOLUTION OF PARTNERSHIP.
(Title.)
It is declared that the partnership in the plaint mentioned
between the plaintiff and defendant ought to stand dissolved as
from the day of , and it is ordered that the dissolution
thereof as from that day be advertised in the Gazette, etc.
And it is ordered that be the Receiver of the partnership
estate and effects in this suit, and do get in all the outstanding
book-debts and claims of the partnership.
And it is ordered that the following accounts be taken :
(1) An account of the credits, property, and effects now belonging
to the said partnership ;
(2) An account of the debts and liabilities of the said partner-
ship ;
(3) An account of all dealings and transactions between the
plaintiff and defendant, from the foot of the settled account
exhibited in this suit and marked (A), and not disturbing
any subsequent settled accounts.
And it is ordered that the goodwill of tlu; business heretofore
carried on by the plaintiff and defendant as in the plaint mentioned,
and the stock-in-trade, be sold on the premises, and that the Regis-
trar may, on the application of any of the parties, fix a reserved
bidding for all or any of the lots at such sale, and that either of
the parties is to be at liberty to bid at the sale.
CIVIL PEOCEDURE CODE. 549
And it is ordered that the above accounts be taken, and all the
other acts required to be done be completed, before the day
of , and that the Registrar do certify the result of the
accounts, and that all other acts are completed, and have his
certificate m that behalf ready for the inspection of the parties on
the day of
And, lastly, it is ordered that this suit stand adjourned for
making a final decree to the day of
No. 132.
PARTNERSHIP — FINAIi DECREE.
(Title.)
It is ordered that the fund now in Court, amounting to the sum
of S , be applied as follows :
(1) In payment of the debts due by the partnership set forth
in the Registrar's certificate, amounting in the whole to
.9
(2) In payment of the costs of all parties in this suit, amount-
ing to $
[These costs must be ascertained before the decree is drawn
up.]
(3) In payment of the sum of $ to the plaintiff as his
share of the partnership assets and of the sum of $ ,
being the residue of the said sum of $! now in
Court, to the defendant as his share of the partnership
assets.
Or, And that the remainder of the said sum of $ be j)aid
to the said plaintiff [or defendant] in part payment of the sum of
$ certified to be due to him in respect of the partnership
accounts.]
And that the defendant [or plaintiff] do on or before the
day of pay to the plaintiff [or defendant] the sum of S ,
being the balance of the said sum of $ due to him, which will
then remain due.
No. 133.
CERTIFICATE OP NON-SATISFACTION OF DECREE.
(Title.)
Certified that no [or partial, as the case may be, and if partial,
state to what extent] satisfaction of the decree of this Court, in
Civil Suit No , of 19. . , a copy of which is hereunto attached,
has been obtained by execution within the jurisdiction of this
Court.
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Judge.
550
No. 15 OF 1918.
No. 134.
NOTICE TO SHOW CATJSE "SVHY EXECUTION SHOULD NOT ISSUE.
To.
(Title.)
Whereas has made application to this Court for
execution of decree in Civil Suit No , 19 . . , this is to give
you notice that you are to appear before this Court on the
day of , 19. . , either in person, or by a solicitor of
this Court, or agent duly authorized and instructed, to shew cause,
if any, why execution should not be granted.
Given under my hand and the seal of the Court, this day of
, 19..
[L.S.]
Judge.
No. 135.
WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN DEFENDANT'S
POSSESSION IN EXECUTION OF A DECREE FOR MONEY.
(Title.)
To the Bailiff of the Court.
Whereas was ordered, by decree of this Court, passed on
the day of , 19. . , in Suit No of 19. . , to pay to
the plaintiff the sum of $ as noted in the margin ; and whereas
the said sum of S has not
been paid :
These are to command you
to attach the movable property
of the said as set forth
in the list hereunto annexed,
or which shall be pointed out
to you by the said , and
unless the said shall pay
to you the said sum of S ,
together with S the costs
of this attachment, to hold the
same until further orders from this Court.
You are further commanded to return this warrant on or before
the day of , 19. . , Avith an endorsement certtf;ying the
date and manner in which it has been executed, or the reason why
it has not been executed.
Given under my hand and the seal of the Court, this day
of ,19..
Schedule.
Decree.
%
c.
Principal . .
Interest . .
Costs
Costs of decree
Interest thereon
Total of attachment . .
Total
LL.S.]
Judge.
CIVIL PEOCEDURE CODE. 551
No. 136.
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
(Title.)
To the BaUiff of the Court.
Whereas , in the occupancy of , has been decreed to
, the plamtiff in this suit : you are hereby directed to put the
said into possession of the same, and you are hereby authorized
to remove any person bound by the decree who may refuse to vacate
the same.
Given under my hand and the seal of the Court, this day
of , 19..
[L.S.] Judge.
No. 137.
ATTACHMENT IN EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF
MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO
A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION
THEREOF.
(Title.)
To
Whereas has failed to satisfy a decree passed against
, on the day of , 19 . . , in favour of
for S : it is ordered that the defendant be, and is hereby,
prohibited and restrained, until the further order of this Court,
from receiving from the following property in the possession
of the said , that is to say, to which the defendant is
entitled, subject to any claim of the said and the said
is hereby prohibited and restrained, until the further order of this
Court, from delivering the said property to any person or persons
whomsoever.
Given under my hand and the seal of the Court, this day
of ,19..
[L.S.] Judge.
No. 138.
ATTACHMENT IN EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT
SECURED BY NEGOTIABLE INSTRUMENTS.
(Title.)
To
Whereas has failed to satisfy a decree passed against
on the day of , 19 . . , in Civil Suit No of 19 . . ,
in favour of for $ : it is ordered that the defendant be,
and is herefey, prohibited and restrained, until the further order of
this Court, from receiving from you a certain debt alleged now to
552 No. 15 OF 1918.
be due from you to the said defendant, namely, ; and that
you the said , be, and you are hereby, prohibited and re-
strained, until the further order of this Court, from making payment
of the said debt, or any part thereof, to any person whomsoever.
Given under my hand and the seal of the Court, this day
of ,19..
[L.S.] Judge.
No. 139.
ATTACHMENT IN EXECUTION.
PKOHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES
IN A CORPORATION.
To Defendant, and to , Manager of
Whereas has failed to satisfy a decree passed against
on the day of , 19. . , in Civil Suit No of 19. ., in
favour of for"$ : it is ordered that you, the defendant,
be, and you are hereby, prohibited and restrained, until the further
order of this Court, from making any transfer of shares in
the aforesaid corporation, namely, , or from receiving payment
of any dividends thereon ; and you , the Manager of the said
corporation, are hereby prohibited and restrained from permitting
any such transfer or making any such payment.
Given under my hand and the seal of the Court, this day
of , 19..
[L.S.] Judge.
No. 140.
ATTACHMENT IN EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF
IMMOVABLE PROPERTY.
(Title.)
To , Defendant.
Whereas you have failed to satisfy a decree passed against you
on the day of , 19. . , in Civil Suit No of 19. ., in
favour of , for S : it is ordered that you, the said ,
be, and you are hereby, prohibited and restrained until the further
order of this Court from transferring or charging in any way the
property specified in the schedule hereunto annexed, and that all
persons be, and they are hereby, prohibited from taking any benefit
from any transfer or charge of the said property.
Given under my hand and the seal of the Court, this day
of , 19..
Schedule.
•
[L.S.] Judge.
CIVIL PROCEDURE CODE. 553
No. 141.
ATTACHMENT.
PEOHJBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY
SECURITY IN THE HANDS OF A COURT OR A PUBLIC OFFICER.
(Title.)
To
Sir, — The plaintiff having applied, under section of the
Code of Civil Procedure, for an attachment of certain money now
in your hands [here state how the money is supposed to be in the
hands of the person addressed, on what account, etc.], I request
that you will hold the said money subject to the further order of
this Court.
I have the honour to be,
Sir,
Your most obedient servant,
[L.S.] Judge.
Dated the day of , 19 . ,
No. 142.
ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC.,
IN THE HANDS OF A THIRD PARTY.
(Title.)
To the Bailiff of the Court and to
Whereas the following property has been attached in
execution of a decree in Civil Suit No of 19 . . , passed on
the day of , 19. . , in favour of , for $ : it is
ordered that the projDerty so attached, consistmg of $ in
money, and $ in currency notes, or a sufficient part thereof to
satisfy the said decree, shall be paid over by you the said , to
, and that the said property, so far as may be necessary for the
satisfaction of the said decree, shall be sold by you, the Bailiff of the
Court, by public auction in the manner prescribed for sale in execu-
tion of decrees, and that the money which may be realized by such
sale, or a sufficient part thereof to satisfy the said decree, shall be
paid over to the said , and the remainder, if any, shall be paid
to you, the said
Given under my hand and the seal of the Court, this day
of 19...
[L.S.] Judge.
No. 143.
NOTICE TO ATTACHING CREDITOR.
(Title.)
To
Whereas has made application to this Court for the removal
of attachment on , placed at your instance in execution of the
554 No. 15 OF 1918.
decree in Civil Suit No of 19 . . , this is to give you notice to
appear before this Court on , the day of , 19 . . ,
either in person or by a solicitor of the Court duly instructed, to
support your claim as attaching creditor
Given under my hand and the seal of the Court, this day
of ,19.. ^
[L.S.] Judge.
No. 144.
WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE
FOR MONEY.
(Title.)
To the BaUifE of the Court.
These are to command you to sell by auction, after giving
days' previous notice, by affixmg the same m this Court-house, and
after making due proclamation,! the property attached under a
warrant from this Court dated the day of , 19. ., in
execution of a decree in favour of , in Suit No of
19 . . , or so much of the said property as shall realize the sum of
dollars , bemg the of the said decree and costs still
remaining unsatisfied.
You are further commanded to return this warrant on or before
the. . . . . .clay of , 19. . , with an endorsement certifying the
manner in which it has been executed, or the reason why it has not
been executed.
Given under my hand and the seal of the Court, this day
of 19... ^
[L.S.] Judge.
No. 145.
NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD
IN EXECUTION.
(Title.)
To
Whereas has been the purchaser at a sale by auction in
execution of the decree in the above suit of now in your posses-
sion, you are hereby prohibited from the delivermg possession of the
said to any person except the said
Given under my hand and the seal of the Court, this day
of ,19... ^
[L.S.] Judge.
1 This proclamation shall specify the time, the place of sale, the proi)erty
to be sold, the revenue assessed, should the property consist of land paying
revenue to Government, and the amount for the recovery of which the sale
is ordered, and as fairly and accurately as possible the other particulars
required by law to be specified.
CIVIL PROCEDURE CODE. 555
No. 146.
PEOHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN
EXECUTION TO ANY OTHER THAN THE PURCHASER.
(Title.)
To and to
Whereas has become the purchaser at a public sale in
execution of the decree in the above suit of certain debt
due from you to you , that is to say , it is
ordered that you be, and you are hereby, prohibited from
receiving, and you from making payment of, the said debt to
any person or persons except the said
Given imder my hand and the seal of the Court, this day
of 19...
[L.S.] Judge.
No. 147.
PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARES SOLD
IN EXECUTION.
(Title.)
To and Manager of
Whereas has become the purchaser at a public sale in
execution of the decree, in the above suit, of certain shares in the
above corporation, that is to say, of standing in the name of
you , it is ordered that you be, and you are hereby,
prohibited from making any transfer of the said shares to any person
except the said , the purchaser aforesaid, or from receivmg any
dividends thereon ; and you , Manager of the said corporation,
from permitting any such transfer or making any such payment to
any person except the said , the purchaser aforesaid.
Given under my hand and the seal of the Court, this day of
19...
[L.S.] Judge.
No. 148.
ORDER CONFIRMING SALE OF LAND, ETC.
(Title.)
Whereas the following land [or immovable property] was on
the day of , 19. . , sold by the Bailiff of this Court in
execution of the decree in this suit ; and whereas days have
elapsed and no application has been made [or objection allowed] in
respect of the said sale, it is ordered that the said sale be, and the
said sale is hereby, confirmed.
Given under my hand and the seal of the Court, this day of
, 19...
• •
[L.S.] Judge.
Schedule.
556 No. 15 OF 1918.
No. 149.
CERTIFICATE OF SALE OF LAND.
(Title.)
This is to certify that has been declared the purchaser at
a sale by public auction on the day of , 19 . . , of in
execution of the decree in this suit, and that the said sale has been
duly confirmed by the Court,
Given under my hand and the seal of the Court, this day of
, 19...
[L.S.] Judge.
No. 150.
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A
SALE IN EXECUTION.
(Title.)
To the Bailiff of the Court.
Whereas has become the certified purchaser of at a
sale in execution of the decree in Civil Suit No of 19 . . ; and
whereas such land is in the possession of , you are hereby
ordered to put the said , the certified purchaser, as aforesaid,
into possession of the said , and if need be, to remove any
person who may refuse to vacate the same.
Given under my hand and the seal of the Court, this day of
,19...
[L.S.] Judge.
No. 151.
ORDER FOR COMMITTAL FOR RESISTING, ETC., EXECUTION
OF DECREE FOR LAND.
(Title.)
To
Whereas it a])pears to the Court that has without just cause
resisted [or obstructed] the execution of the decree of the Court
passed against , on the day of , 19. . , in Civil Suit
No of 19. . , whereby certain land or immovable property was
adjudged to , it is ordered that the said be detained in
the civil prison for a period of days.
Given under my hand and the seal of the Court, this day of
,19...
[L.S.J Judge.
CIVIL PROCEDURE CODE. 557
No. 152.
JUDGMENT-DEBTOR SUMMONS.
(Title.)
To , the above-named Defendant.
You are hereby summoned to appear personally before this Court
on the day of , 19. . , atthehour of in the forenoon
then and there to be examined respecting your ability to satisfy the
j udgment recovered against you in the above suit on the day of
for .$ and costs, and you are not to depart thence until
you have been examined and the Court has risen, unless you have
obtained the leave of the Court.
Given under my hand and the seal of the Court, this dav of
19...
[L.S.] Judge.
No. 153.
NOTICE OF PAYMENT ESTTO COURT.
(Title.)
Take notice that the defendant has paid into Court -S , and
says that that sum is enough to satisfy the plaintiff's claim [or the
plaintiff's claim for, etc.].
To Mr. X. Z.,
the Plaintiff's Solicitor.
Z.,
Defendant's Solicitor,
No. 154.
COMMISSION TO EXAMINE ABSENT WITNESSES.
(Title.)
To
Whereas the evidence of is required by the in the
above suit ; and whereas ; you are requested to take the
examination on interrogatories [or vivd voce] of such witnesses ,
and you are hereby appointed a Commissioner for that purpose, and
you are further requested to make return of such examination so
soon as it may be taken [process to requh'e the attendance of the
witnesses will be issued by this Court on your application^].
Given under my hand and the seal of the Court, this day of
19...
[L.S.] Jvdge.
1 Not necessary where the commission goes to another Court.
558 No. 15 OF 1918.
No. 155.
ORDER FOR ISSUE OF REQUEST TO EXAMINE WITNESSES.
(Title.)
It is ordered that a letter of request do issue directed to the
proper Tribunal for the examination of the following witnesses — that
is to say :
E. F. of
G. H. of
and I. J. of
And it is ordered that the depositions taken pursuant thereto
when received be filed with the Registrar, and be given in evidence on
the trial of this suit, saving all just exceptions.
And it is further ordered that the trial of this suit be stayed until
the said depositions have been filed.
Given under my hand and the seal of this Court, this day of
19...
[L.S.] Judge.
No. 156.
REQUEST TO EXAMINE WITNESSES.
[Heading : — To the President and Judges of, etc., etc., or as the
case may 6e.]
Whereas a suit is now pending in the Supreme Court of the
Federated Malay States in which A. B. is plaintiff and C. D. is
defendant. And in the said suit the plaintiff claims
{Concise statement of the Claim.)
And whereas it has been represented to the said Court that it is
necessary, for the purposes of justice and for the due determination
of the matters in dispute between the parties, that the following
persons should be examined as witnesses upon oath touching such
matters — that is to say :
E. F. of
G. H. of
and I. J. of
And it appearing that such witnesses are resident Avithin the
jurisdiction of your honourable Court.
Now I, , as the Chief Judicial Commissioner of the said
Court, have the honour to request, and do hereby request, that, for
the reasons aforesaid and for the assistance of the said Supreme
Court, you as the President and Judges of the said , or some
one or more of you, will be pleased to summon the said witnesses
(and such other witnesses as the agents of the said plaintiff and
defendant shall humbly request you in writing so to summon) to
attend at such time and place as you shall appoint before some one
or more of you, or such other person as according to the procedure of
your Court is competent to take the examination of witnesses, and
CIVIL PROCEDURE CODE. 559
that you Avill cause such witnesses to be examined upon the inter-
rogatories which accompany this letter of request [or viva voce]
touching the said matters in question in the presence of the agents of
the plaintiff and defendant, or such of them as shall, on due notice
given, attend such examination.
And I further have the honour to request that you will be pleased
to cause the answers of the said witnesses to be reduced into writing,
and all books, letters, papers, and documents produced upon such
examination to be duly marked for identification, and that you will
be further pleased to authenticate such examination by the seal of
your Tribunal, or in such other way as is in accordance with your
procedure, and to return the same, together Avith such request in
writing, if any, for the examination of other witnesses, through His
Britannic Majesty's Secretary of State for [or through the
Chief Secretary to Government, Federated Malay States], for trans-
mission to the said Supreme Court of the Federated Malay States.
Given under my hand and the seal of the Court, this day of
19...
Chief Judicial Commissioner,
Federated Malay States.
[L.S.] .
No. 157.
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE
ACCOUNTS.
(Title.)
To
Whereas it is deemed requisite, for the purpose of this suit, that a
commission for should be issued ; you are hereby appointed
Commissioner for the purpose of [process to compel the
attendance before you of any witnesses, or for the production of any
documents which you may desire to examine or inspect, will be issued
by this Court on your application^].
A sum of $ , being your fee in the above, is herewith
forwarded.
Given under my hand and the seal of the Court, this day of
, 19...
[L.S.] Jndge.
No. 158.
CERTIFICATE OF SERVICE OF FOREIGN PROCESS.
I, , Registrar (or Assistant Registrar) of the Supreme Court
of the Federated Malay States, hereby certify that the documents
annexed hereto are as follows :
(1) The original letter of request for service of process received
from the Court or Tribunal at in the of
in the matter of versus ; and
' Not necessary where the commission goes to another Court.
560 No. 15 OF 1918.
(2) The process received with such letter of request ; and
(3) The evidence of service upon , the person named in
such letter of request, together with an affidavit, taken
before me, relating thereto.
And I certify that such service so j^roved, and the proof thereof,
are such as are required by the law and practice of the Supreme
Court of the Federated Malay States regulating the service in the
said States of legal process issued by the Courts thereof, and the
proof of such service.
And I certify that the cost of effecting such service amounts to
the sum of S
Dated this day of , 19 . . .
[L.S.] Registrar.
No. 159.
OEDER TO EXAMINE WITNESSES FOR PURPOSES OF A
FOREIGN PROCEEDING.
(Title.)
Upon reading the Letter of Request and the affidavit [if any)
of , filed the day of , 19. . , whereby it appears
that proceedings are pending in the [description of Foreign Tribunal],
in [name of foreign country], and that such Court is desirous of
obtaining the testimony of [names of witnesses].
It is ordered that the said witness do attend before the
Registrar [or Assistant Registrar] of this Court at [place appointed
for examination], on the day of , 19. . , at o'clock,
or such other day and time as the said Registrar [or Assistant
Registrar] may appoint, and do there submit to be examined upon
oath, or affirmation, touching the testimony so required as aforesaid,
and do then and there produce [description of documents {if any)
required to he produced].
And it is further ordered that the said Registrar [or Assistant
Registrar] do take down in writing the evidence of the said witness,
or witnesses, given on examination, cross-examination, and re-
examination, according to the provisions of Chapter XV of " The
Civil Procedure Code, 1918 " [or as may be othencise directed] ; and
do cause each and every such witness to sign his or her depositions
in his, the said Registrar's [or Assistant Registrar's] presence ; and
do sign the depositions taken in pursuance of this order [and the
Letter of Request], and when so completed do transmit the same,
together with this order, to the Chief Secretary to Government
for transmission to the President of the said Tribunal desiring the
evidence of such witness or witnesses.
Dated this day of , 19. ..
Given under my hand and the seal of the Court, this dav of
,19...
[L.S.] Judge.
CIVIL PROCEDURE CODE. 561
No. 160.
CERTIFICATE OF EXAMINATION OF WITNESS FOR PURPOSES
OF A FOREIGN PROCEEDING.
(Title.)
I , Registrar [or Assistant Registrar] of the Supreme Court
of the Federated Malay States, hereby certify that the documents
annexed hereto are
(1) the original order of the said Court, dated the day
of , 19. . , made in the matter of pending in
the at in the of , directing the
examination of certain witnesses to be taken before me ;
and
(2) the examination and depositions taken by me pursuant to
the said order, and duly signed and completed by me on
the day of , 19. ..
Dated this day of , 19 . . .
[L.S.] Registrar.
No. 161.
SUMMONS IN SUMMARY SUIT FOR DEBT OR LIQUIDATED DEMAND.
(Title.)
To
[Here enter the defendant's name, description, and address.]
Whereas [here enter the plaintiff's name, description, and address]
has instituted a suit in this Court against you under Chapter XXXIX
of the Code of Civil Procedure for dollars , principal and
interest [or dollars , balance of principal and interest] due to
him as the f)ayee [or endorsee] of a bill of exchange [or promissory
note], of which a copy is hereto annexed [or as the case may be], you
are hereby summoned to obtain leave from the Court within ten days
from the service hereof, inclusive of the day of such service, to appear
and defend the suit, and within such time to file a written statement
of defence. In default whereof the plaintiff will be entitled at any
time after the expiration of such ten days to obtain a decree for any
sum not exceeding the sum of dollars [here state the sum
claimed] and the sum of dollars for costs.
Leave to appear may be obtained on an application to the Court
supported by affidavit or declaration shewing that there is a defence
to the suit on the merits, or that it is reasonable that you should be
allowed to appear in the suit.
Given under my hand and the seal of the Court, this .... day of
[L.S.] Judge.
Ill— 36
562 No. 15 OF 1918.
No. 162.
ORIGINATING SUMMONS.
(Title.)
Let E. F., the executor of the deceased above-named A. B., attend
at Chambers at the Court-house at on the day of
, 19. . , at o'clock in the forenoon upon the application
of C. D., of , who claims (to be a creditor [or as the case may be]
upon the estate of the said A. B.) for an order (for the administration
of the movable and immovable property of the said A. B.) [or as the
case may be].
Dated this day of , 19. ..
Registrar.
The following note to be added to the original summons and when the
time is altered by endorsement the endorsement to be referred to as
below :
N. B. — If you do not attend either in person or by your solicitor at
the time and place above-mentioned [or at the place above-
mentioned at the time mentioned in the endorsement
hereon], such order will be made and proceedings taken as
the Judge may think just and expedient.
No. 163.
WARRANT OF ARREST BEFORE JUDGMENT.
(Title.)
To the Bailiff of the Court.
Whereas , the plaintiff in the above suit, has proved to the
satisfaction of the Court that there is reasonable cause for believing
that the defendant is about to , these are to command
you to take the said into custody, and to bring
before the Court, in order that he may shew cause why he should
not furnish security to the amount of $ for personal
appearance before the Court, until such time as the said suit shall
be fully and finally disposed of, and until execution or satisfaction
of any decree that may be passed against in the suit.
Given under my hand and the seal of the Court, this day of
,19...
[L.S.] Judge.
To.
ORDER FOR COMMITTAL.
(Title.)
Whereas , the plaintiff in this suit, has made application
to the Court that security be taken for the ap])carance of the
defendant to answer any judgment that may be passed
against in the suit ; and whereas the Court has called upon
CIVIL PROCEDURE CODE. 563
the defendant to furnish such security, or to offer a sufficient
deposit in lieu of security, which has failed to do ; it is ordered
that the said defendant be detained in the civil prison until
the decision of the suit, or, if judgment be given against , until
the execution of the decree.
Given under my hand and the seal of the Court, this day of
,19...
[L.S.] Judge,
No. 165.
ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR
SECURITY FOR FULFILMENT OF DECREE.
(Title.)
To the Bailiff of the Court.
Whereas has proved to the satisfaction of the Court that
the defendant in the above suit , these are to command you to
call upon the said defendant on or before the day of
, either to furnish security for the sum of dollars to
produce and place at the disposal of this Court when required
or the value thereof, or such portion of the value as may be sufficient
to fulfil any decree that may be passed against , or to appear
and shew cause why should not furnish security ; and you are
further ordered to attach the said and keep the same under
safe and secure custody until the further order of the Court, and in
what manner you shall have executed this warrant make appear to
the Court immediately after the execution thereof, and have you here
then this warrant.
Given under my hand and the seal of the Court, this day of
,19...
[L.S.] Judge.
No. 166.
ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO
FURNISH SECURITY.
(Title.)
To the Bafiiff of the Court.
Whereas , the plaintiff in this suit, has applied to the Court
to call upon , the defendant, to furnish security to fulfil any
decree that may be passed against in the suit ; and whereas
the Court has called upon the said to furnish such security,
which has failed to do ; these are to command you
to attach , the property of the said , and keep the
same under safe and secure custody until the further order of the
Court, and in what manner you shall have executed this warrant
make appear to the Court immediately after the execution hereof,
and have you here then this warrant.
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Judge.
564 No. 15 OF 1918.
No. 167.
ATTACHMENT BEFORE JUDGMENT.
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF
MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED, SUBJECT
TO A LIEN OR RIGHT OF SOME OTHER PERSONS TO THE IMMEDIATE
POSSESSION THEREOF.
(Title.)
To , Defendant.
It is ordered that you, the said , be, and you are hereby,
prohibited and restrained until the further order of this Court from
receiving from the following property in the possession of
the said , that is to say, , to which the defendant is
entitled, subject to any claim of the said , and the said
is hereby prohibited and restrained, until the further order of this
Court, from delivering the said property to any person whomsoever.
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Judge.
No. 168.
ATTACHMENT BEFORE JUDGMENT.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IMMOVABLE PROPERTY.
(Title.)
To , Defendant.
It is ordered that you, the said , be, and you are hereby,
prohibited and restrained, until the further order of this Court, from
transferring or charging in any way the property specified in the
schedule hereunto annexed, and that all persons be, and they are
hereby, prohibited from taldng any benefit from any transfer or
charge of the said property.
Given under my hand and the seal of the Court, this day
of , 19...
Schedule.
[L.S.] Judge.
No. 169.
ATTACHMENT BEFORE JUDGMENT.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY IN THE
HANDS OF OTHER PERSONS, OR OF DEBTS NOT BEING NEGOTIABLE INSTRU-
MENTS.
(Title.)
To
It is ordered that the defendant be, and he is hereby,
prohibited and restrained, until the further order of this Court,
from receiving from the [money now in hands belonging
to the said defendant, or debts, as the case may be, describing
them] and that the said be, and hereby prohibited and
CIVIL PROCEDURE PODE. 565
restrained, until the further order of this Court, from making
payment of the said [money, etc.], or any part thereof, to any
person whomsoever.
Given under my hand and the seal of the Court, this day
of , 19..
[L.S.] Judge.
No. 170.
ATTACHMENT BEFORE JUDGMENT.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES
IN A CORPORATION.
(Title.)
To , Defendant, and to
, Manager of
It is ordered that , the defendant, be, and hereby
prohibited and restrained, until the further order of the Court, from
making any transfer of shares, being in the aforesaid
corporation, or from receiving payment of any dividends thereon,
and you , the Manager of the said corporation, are hereby
prohibited and restrained from permitting any such transfer or
making any such payment.
Given under my hand and the seal of the Court, this day
of ,19..
[L.S.] Judge.
No. 171.
TEMPORARY INJUNCTIONS.
(Title.)
Upon motion made unto this Court by , solicitor for the
plaintiff A. B., and upon reading the petition of the said plaintiff in
this matter filed [this day] [or the plaint filed in this cause on the
day of ; or, the written statement of the said plaintiff
filed on the day of ] and upon hearing the evidence of
and in support thereof [if after notice and defendant
not appearing, add, and also the evidence of as to service of
notice of this motion upon the defendant, C. D.] : This Court doth
order that an injunction be awarded to restrain the defendant,
C. D., his servants, workmen, and agents from pulhng down, or
suffering to be pulled down, the house in the plaint in the said
suit of the plaintiff mentioned [or in the written statement, or
petition, of the plaintiff and evidence at the hearing of this motion
mentioned] being No , street, in , and from
selling the materials whereof the said house is composed, until the
hearing of this cause or until the further order of this Court.
Dated this day of , 19 . . .
Judge.
[L.S.]
566 No. 15 OF 1918.
[Where the injunction is sought to restrain the negotiation of a
note or bill, the ordering part of the order may run thus :]
to restrain the defendants and ...... from parting
with out of the custody of them or any of them or endorsing,
assigning, or negotiating the promissory note [or bill of exchange]
in question, dated on or about the , etc., mentioned in the
plaintiff's plaint [or petition] and the evidence heard at this motion,
until the hearing of this cause or until the further order of this
Court.
[In copyright cases — ]
to restrain the defendant, C. D., his servants, agents, and
workmen, from printing, publishing, or vending a book, called ,
or any part thereof, until the , etc,
[Where part only of a book is to be restrained — ]
to restrain the defendant, CD., his servants, agents, and
workmen, from printing, publishing, selling, or otherwise disposing
of such parts of the book in the plaint [or petition and evidence, etc.]
mentioned to have been published by the defendant as hereinafter
specified — namely, that part of the said book which is entitled
and also that part which is entitled [or which is con-
tained in page to page both inclusive] until the ,
etc.
[In cases relating to exclusive privileges for inventions— r]
to restrain the defendant, C. D., his agents, servants, and
workmen, from making or vending any perforated bricks [or, as the
case may be] upon the principle of the inventions in the plaintiff's
plaint [or petition, etc., or written statement, etc.] mentioned,
belonging to the plaintiffs, or either of them, during the remainder
of the respective terms of the grants of exclusive privileges in the
plaintiff's plaint [or, as the case may be] mentioned, and from
counterfeiting or imitating the same inventions, or either of them,
or maldng any addition thereto, or subtraction therefrom, until
the hearing, etc.
[In cases of trade-marks — ]
to restrain the defendant, C. D., his servants, agents, and
workmen, from selUng, or exposing for sale, or procuring to be sold,
any composition or blacking [or, as the case may be] described as
or purporting to be blacldng manufactured by the plaintiff, A. B., in
bottles having affixed thereto such labels as in the plaintiff's plaint
[or petition, etc.,] mentioned, or any other labels so contrived or
expressed as by colourable imitation or otherwise to represent the
composition or blacking sold by the defendant to be the same as the
composition or blacking manufactured and sold by the plaintiff,
A. B., and from using trade-cards so contrived or expressed as to
represent that any composition or blacking sold or proposed to be
sold by the defendant is the same as the composition or blacking
manufactured or sold by the plaintiff A. B., until the , etc.
[To restrain a partner from in any way interfering in the
business — ]
CIVIL PROCEDURE CODE. 567
to restrain the defendant, C. D., his agents and servants,
from entering into any contract and from accepting, drawing,
endorsing, or negotiating any bill of exchange, note, or Avritten
security in the name of the partnership firm of B. and D., and from
contracting any debt, from buying and selling any goods, from
maldng or entering into any verbal or written promise, agreement,
or undertaking, and from doing, or causing to be done, any act,
in the name or on the credit of the said partnership firm of B. and
D., or whereby the said partnership firm can or may in any manner
become or be made liable to or for the payment of any sum of
money or for the performance of any contract, promise, or under-
taking until the , etc.
No. 172.
NOTICE OF APPLICATION FOR INJUNCTION.
(Title.)
Take notice that I, A. B., intend to apply at the sitting of the
Court at aforesaid, on the day of , for an injunc-
tion to restrain C. D. from further prosecuting a suit which he has
commenced against me in to recover damages for breach of
the contract for the specific performance of which this suit was
commenced [or to restrain him from receiving and giving discharges
for any of the debts due to the partnership in the matter of the
partnership between us for the winding up of which this suit was
commenced ; or from digging the turf from the land which was
agreed to be sold by him to me by the agreement, the specific
performance of which this suit is commenced to enforce ; or, as
the case may be].
Dated this day of , 19 . .
To C. D. A. B.
[N,B. — Where the injiuiction is to be applied for against a party whose
name and address do not appear upon any proceeding already filed in the
suit, such name and address must be stated in full to enable the proper officer
to serve the notice.]
No. 173.
APPOINTMENT OF A RECEIVER.
(Title.)
To
Whereas has been attached in execution of a decree passed
in the above suit on the day of , 19. . , in favour of
: you are hereby (subject to your giving security to the
satisfaction of the Registrar) appointed Receiver of the said pro-
perty under Section 505 of the Code of Civil Procedure, with full
powers under the provisions of that section.
You are required to render a due and proper account of your
receipts and disbursements in respect of the said property on
You will be entitled to remuneration at the rate of per cent.
upon your receipts under the authority of this appointment.
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Judge.
568 No. 15 OF 1918.
No. 174.
BOND TO BE GIVEN BY RECEIVER.
(Title.)
Know all men by these presents, that we, I. J., of, etc., and K. L.,
of, etc., and M. N., of, etc., are jointly and severally bound to G. H.,
Registrar of the Court of , in $ , to be paid to the
said G. H., or his attorney, executors, administrators, or assigns.
For which payment to be made we bind ourselves, and each of us,
in the whole, our and each of our heirs, executors, and administrators,
jointly and severally, by these jJresents.
Dated this day of , 19 . .
Whereas a plaint has been filed in this Court by A. B. against
C. D. for the purpose of [here insert the object of suit].
And whereas the said I. J. has been appointed, by order of the
above-mentioned Court, to receive the rents and profits of the
immovable property and to get in the outstanding movable property
of 0. P., the testator in the said plaint named :
Now the condition of this obligation is such, that if the above-
bounden I. J. shall duly account for all and every the sum and sums
of money which he shall so receive on account of the rents and
profits of the immovable property and in respect of the movable
property of the said O. P. [or as the case may be] at such periods
as the said Court shall appoint, and shall duly pay the balances
which shall from time to time be certified to be due from him as
the said Court hath directed or shall hereafter direct, then this
obligation shall be void, otherwise it shall remain in full force.
I. J.
K. L.
M. N.
Signed and delivered by the above-bounden in the jiresence of
[Note. — If deposit of money be made, the memorandum thereof should
follow the terms of the condition of the bond.]
No. 175.
AFFIDAVIT FOR DISTRESS.
In the Court of
Distress No of 19 . . .
A. B. of Plaintiff,
against
C. D. of Defendant.
I, A. B., residing at in the State of make oath and
say that C. D., who resides at in the State of , is justly
indebted to in the sum of dollars for arrears of rent of
CIVIL PEOCEDURE CODE. 569
the house and premises No situated at in the State
of due for months from to at the rate of
dollars per mensem.
Sworn before me, the day of , 19. . .
[L.S.] Magistrate or Registrar.
No. 176.
POWER OF ATTORNEY TO DISTRAIN.
I [or we], A. B., do hereby authorize X, Y. to be my (our) agent
to act for me (us) in distraining, under Chapter XLIV of " The
Civil Procedure Code, 1918," for (all) (the) arrears of rent now due
to me (us) [or to be hereafter due] on property situated in {here
describe property), as to which I am (we are) entitled to distrain as
[Owner, Lessee, Trustee, Guardian, etc.l, alone [or together with
E. F.], etc.
Dated at the day of , 19 . . .
(Signed) A. B.
Witness
No. 177.
WARRANT OF DISTRESS.
(Title as in Form No. 175.)
To the Bailiff of the Court.
I do hereby direct you to distrain the movable property found
in or upon the premises No , street, , and in
the apparent possession of the defendant C. D., for the sum of
dollars , being the amount of months' rent due to A. B.
for the same on the day of last, according to the
provisions of Chapter XLV of " The Civil Procedure Code, 1918."
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Judge.
No. 178.
INVENTORY AND NOTICE.
(Title as in Form No. 175.)
To C. D.
[State particulars of goods seized.]
Take notice that I have this day seized the movable property
found in or upon the premises No , street, ,
and in the appa.rent possession of the defendant C. D., contained in
the above inventory, for the sum of dollars , being the amount
of months' rent due to A. B. on last and that I value
the said movable property approximately at the sum of dollars
and that unless you pay the amount of the said rent, together
with the costs of this distress, within five days from the date
hereof, or obtain an order from the Court to the contrary, the same
570 No. 15 OF 1918.
will be sold on the day of , 19 . . , at pursuant to
the provisions of Chapter XLV of "The CivU Procedure Code,
1918."
(Signed) E. F.,
Bailiff.
No. 179.
AFFIDAVIT ON APPLICATION TO FOLLOW GOODS.
(Title as in Form No. 175.)
I, A. B., of , make oath and say as follows :
1 . I am landlord of house No , street,
2. On the day of , 19. ., I obtained a warrant of
distress against the movable property found in or upon the premises
No , street, , and in the apparent possession of
the defendant C. D. for arrears of months' rent due to me
from 19 . . to 19 . . , at the rate of $ per mensem,
amounting to $
3. On the day of , 19. ., I saw remove all the
household furniture from the said house No , street,
, to house No , street.
On the above grounds I pray for authority to follow the
property removed as aforesaid to house No , street.
Sworn before me, the day of , 19. . .
[L.S.] Magistrate or Registrar.
No. 180.
AUTHOEITY TO FOLLOW GOODS.
(Title as in Form No. 175.)
Upon reading the affidavit of sworn to and filed herein this
day and the return of the Bailiff to the warrant of distress issued
herein this day, it is ordered that the Bailiff of this Court do follow,
take, and seize all the goods liable to seizure under the said warrant
of distress which were alleged in and by the said affidavit to have
been removed by the said defendant from house No ,
street, to house No , street.
Given under my hand and the seal of the Court, this day
of ,19...
[L.S.] Judge.
No. 181.
AFFIDAVIT ON APPLICATION FOR AUTHORITY TO MAKE FORCIBLE
ENTRY IN EXECUTION OF WARRANT OF DISTRESS.
(Title as in Form No. 175.)
I, A. B., of , make oath and say as follows :
1 . On the day of , 19. . , I went to house No ,
street, , for the purpose of executing a warrant of
distress issued against the movable property found in or about
the said house and in the apparent possession of the said CD.
CIVIL PROCEDURE CODE. 571
2. In my opinion such house is held on a rent of a full three-
fourths of its yearly value and neither its value by the year nor the
rent payable in respect of its tenancy by the year exceeds $300.
3. I found the premises deserted and unoccupied and the door
closed with a padlock from the outside. I made enquiries from the
neighbours and was informed that the tenant had been absent for
more than
As there are no means of executing the said warrant without
breaking open the doors or windows of the said house, I apply for
the order of this Court to break open the said doors or ^vindows,
Sworn before me, the day of , 19. . .
[L.S.] Magistrate or Registrar.
No. 182.
AUTHORITY TO MAKE FORCIBLE ENTRY IN EXECUTION OF WARRANT
OF DISTRESS.
(Title as in Form No. 175.)
To the Bailiff of the Court.
Whereas the above-named A. B. has on an affidavit dated the
day of , 19. . , taken out a warrant of distress whereby
the Bailiff was directed to distrain the movable property found in
or upon the premises No , street, , and in the
apparent possession of the defendant CD. for the sum of $
And whereas this Court is satisfied that there are no reasonable
means of executing the said warrant without breaking open the
outer doors or windows of the said No , street, and
that this order is warranted by the provisions of Section 543 of
" The Civil Procedure Code, 1918 " : This is therefore to authorize
you to break open or cause to be broken open the doors or windows
of the said house No , street, so far as may be necessary
to enable you to execute the said warrant, taking all due precau-
tions for the protection of the property in the premises and
informing the owner or persons in the premises before acting on
this order that you have such order, if such owner or persons is
or are to be found.
Given under my hand and the seal of the Court, this day
of , 19...
[L. S.] Judge.
No. 183.
MEMORANDUM OP APPEAL.
(Name, etc., as in Register.) Plaintiff — Appellant.
(Name, etc., as in Register.) Defendant — Respondent.
[Name of Appellant] [plaintiff or defendant] above-named appeals
to the Court of a Judicial Commissioner at against the decree
of in the above suit, dated the day of , for the
following reasons — namely [here state the grounds of objection].
572
No. 15 OF 1918.
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No. 185.
NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING
OF THE APPEAL.
In the Court of a Judicial Commissioner at
, Appellant, v , Respondent.
Appeal from the of the Court of dated the day
of....... 19...
To , Respondent.
Take notice that an appeal from the decree of in this case
has been presented by and registered in this Court, and that
the day of , 19. . , has been fixed by this Court for the
hearing of this appeal.
If no appearance is made on your behalf by yourself, your solicitor,
or by someone by law authorized to act for you in this appeal, it
will be heard and decided ex parte in your absence.
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Judge.
[Note. — If a stay of execution has been ordered, intimation should be given
of the fact on this notice.]
No. 186.
DECREE ON APPEAL.
In the Court of a Judicial Commissioner at
, Appellant, v , Respondent.
Appeal from the of the Court of dated the day
of , 19...
, Plaintiff.
, Defendant.
Plaintiff [or defendant] above-named appeals to the Court of a
Judicial Commissioner at against the decree of in the
above suit, dated the day of , 19. . , for the following
reasons — namely,
[Here state the reasons.]
This appeal coming on for hearing on the day of ,
19. . , before , in the presence of for the Appellant and
of for the Respondent, it is ordered —
[Here state the relief granted.]
The costs of this appeal, amounting to $ , are to be paid
by The costs of the original suit are to be paid by
Given under my hand and the seal of the Court, this day
of , 19...
[L.S.] Jvdge.
574 No. 15 OF 1918.
No. 187.
NOTICE TO SHEW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED.
(Title.)
To
Take notice that has applied to this Court for a review
of its judgment passed on the day of , 19. . , in the
above case. The day of , 19. . , is fixed for you to
shew cause why the Court should not grant a review of its judgment
in this case.
Given under my hand and the seal of the Court, this day of
,19...
[L.S.] Judge.
No. 188.
NOTICE OF CHANGE OF SOLICITOR.
(Title.)
To the Registrar of the Court.
Take notice that I, A. B. [or C. D.], have hitherto employed as
my solicitor G. H., of , in the above-mentioned cause, but
that I have ceased to employ him, and that my present solicitor is
J. K., of
A. B. [or C. D.]
No. 189.
MEMORANDUM TO BE PLACED AT FOOT OF EVERY SUMMONS, NOTICE,
DECREE, OR ORDER OF COURT, OR ANY OTHER PROCESS OF THE
COURT.
Hours of attendance at the office of the Registrar [place of office]
from [ten] till [four], except on [here insert the day on which the
office will be closed], when the office will be closed [at one].
INDEX TO "THE CIVIL PROCEDURE CODE, 1918."
{The numbers refer to sections^
ABANDONMENT
of claim by plaintiff, 362
of suit by minor plaintifE on majority, 440
ABATEMENT
of suit, none by death of party where right to
sue survives, 351
of suit, where no application by representative
of deceased plaintiff within six montiis, 355
not caused by marriage of female plaintiJCE or
defendant, 358
on insolvency of plaintiff, 359
wheresuit abated, no fresh suit to be brought, 360
ABSCONDING WITNESS
attachment of property of, 164-166
ABUSE
of process of Court, inherent powers of Court to
prevent, 612
ACCOUNTS
in suit for, approximate amount to be stated in
plaint, 41 (ii)
in administration suit, 211
in suits for dissolution of partnership, 212
in suits between principal and agent, 213
commission to examine, 383, 384
in suits between co-partners, 424
ADDRESS
order of addressing Court, 180, 181
in appeals, 561
ADJOURNMENT
when solicitor refuses or is unable to answer
questions at first hearing, 112
when Court may grant, 153 (iii)
procedure on failure of parties to produce
evidence after, 154
Court may grant at any stage, 176
procedure when parties fail to appear after, 177
of sale in execution of decree, 292
ADJUSTMENT
of decrees to be certified to the Court, 223
of suit, 364
ADMINISTRATION
originating summons relating to, 481
order for, on application, 482
persons to be served with summons, 483
Court not bound to order, 487
orders which may be made on, 488
ADMINISTRATION SUIT
accounts and enquiries in, 211
rules as to insolvent judgment-debtors to apply
in, 211
ADMINISTRATOR
claims by or against, not to be joined with claims
by or against him personally, 31
suits by or against, 426-428
ADMISSION
no summons to issue, where defendant appears
and admits on presentation of plaint, 55
by defendant, when plaintiff fails to appear, 101
recorded by Court at first hearing, 109
of genuineness of documents, power to demand,
129
of facts, power to demand, 130
aflQdavit of signature of, to be sufficient
evidence, 131
application for judgment upon, 132
ADVOCATE, see Solicitor
AFFIDAVIT
interrogatories to be answered by, 117
party may be ordered to declare by afBdavit all
documents in his possession relating to
suit, 123
AFFIDAVIT— (fon«.)
application for inspection of documents to be
by, 122
of solicitor or clerk to signature of admissions,
131
in support of application to send for records,
142
Court may order any particular fact to be proved
by, 193
evidence may be given by, 193, 194
Court may order attendance of deponent, 194
to be confined to certain matters, 196 (i)
costs of improper, 195 (ii) ■
by whom oath or affirmation may be administered
to person making, 196
to support application for appointment of new
next friend, 436 (ii)
to verify coming of age of minor, 440 (v)
AGENT
recognized, 34, 35
process served on, to be effectual, 36
may sign plaint if duly authorized, 42
service of summons on, 39, 70, 71, 72
master of ship agent of owner or charterer for
purposes of service, 71 (ii)
service of agent in charge of immovable
property, 72
and prmcipal, suit for account between, 213
no interpleader suit by, 464
AGREEMENT
between parties as to issue, 149, 150
judgment upon, 150, 364
to give time to judgment-debtor, 222
with reference to subject-matter of pauper suit,
effect of, 460
to state case for opinion of Court, 466
ALIENATION
of attached property, effect of, 278
of property, temporary injunction to prevent,
505
AMENDMENT
general power of Court to amend defect or error,
613
APPEAL
when set-off is allowed, 214 (ii)
procedure on, from Judicial Commissioner to
Court of Appeal, not affected, 544 (i)
from Lower Civil Courts to Judicial Commis-
sioner's Court, 544 (iii)
from Penghulu to Magistrate of 1st class, 544 (ii)
term " decree" includes " order" 545
must be brought within one month, 546
Judicial Commissioner may extend time for, 546
memorandum of, 547
what is to accompany memorandum, 647 (i)
appellant confined to grounds set out in memo-
randum, 548
Court not confined in its decision to such
grounds, 548
rejection or amendment of memorandum, 549
one of several plaintiffs or defendants may
obtain reversal of whole decree, 550
execution of decree not stayed by reason of, 551
when order for stay of execution may issue,
551 (iii)
security in case of stay of execution, 552
no security required from Government or public
officers, 553
registration of memorandum, 654
security for costs of, from appellant, 556
if security not furnished, to be rejected, 655 (ii)
511
576
INDEX TO CIVIL PROCEDURE CODE.
APPEAL— (coH^.)
when Court may dismiss witliout service on
respondent, 556
day to be fixed for hearinff, 557
notice to Court wliose decree is appealed against,
558
Lower Court to send all material papers in suit,
558 (ii)
appellant or respondent may apply to Lower
Court for copies of papers, 558 (iii)
publication and service of notice of day for
hearing, 559
contents of notice of, 560
order of liearing, 561
dismissal, for appellant's default, 562
to be heard ex parte in respondent's absence,
562
dismissal, on failure of appellant to deposit cost
of notice on respondent, 563
re-admission of appeal, dismissed for default,
564
power of Court to direct persons to be made
respondents, 565
re-hearing, ex pane in absence of respondent,
566
respondent may object to decree, as if he had
preferred separate appeal, 567
objection to be in form of memorandum, 567 (ii)
service of objection on appellant, 567 (iii)
remand of case, on appeal, to Lower Court, 568
order for new trial, 569
when evidence on record sufBcient, appellate
Court may determine case, 570
appellate Court may frame issues and refer back
to Lower Court, 571
appellate Court may direct what additional
evidence to be taken, 571
findim^ and evidence to be put on record, 572
production of additional evidence in appellate
Court, 573
mode of taking, 574
points to be defined and recorded regarding
additional evidence, 575
judgment in appeal
when and where to be pronounced, 576
what it may direct, 577
no reversal of decree on account of error or
irregularity not affecting merits of case or
jurisdiction of Court, 578
decree in appeal
date and contents of, 579
copies of, to be furnished to parties, 580
copy of, to be sent to Lower Court, 581
appellate Court to have same powers as Courts
of original jurisdiction, 582
execution of, 583
pauper appeal
objection in, 567 (iv)
who may appeal, 584
when Court shall reject application, 584
enquiry as to pauperism, 585
APPEARANCE
by recognized agent or solicitor, 34
by plaintiff or defendant in person, 57, 58
fixing day for, 60
by parties on day fixed in summons, 94
by defendant, although summons not served,
95
failure of defendant to appear where time
insullicient, 99
by defendant, after hearing adjourned ex parte.,
100
procedure where defendant residing outside
Federated Malay States does not appear, 103
procedure on failure of one or more plaintiffs to
appear, 104
procedure on failure of one or more defendants
to appear, 105
failure of plaintiff or defendant to appear in
person, when ordered, 106
by partner in firm, 419, 420
Resident may exempt certain persons of rank
from, 601
APPLICATION
for execution, xee Execution of Decree
for review of Judgment, ace Judgment
by originating summons, see Originating
summons
ARREST
of absent witness, 164
of judgment-debtor, 325
of absent witness in insolvency enquiry, 348 (ii)
in cantonments, 410
hcjorc judgment, 492-496
defendant may be required to furnish security
for appearance, 492
order for deposit or security, 493
discharge of surety, 494
imprisonment of defendant, 495
subsistence of defendant, 496
compensation for improper, 504
of persons outside jurisdiction, not in execution
of decree, 605
release from, on account of illness, 009
ASSESSORS
may be summoned in suits relating to salvage,
etc., 604
fees of, to be fixed by Judicial Commissioners, 604
ASSIGNMENT, see Conveyance
of interest pendente lite, 361
ATTACHMENT
of property of party failmg to pay sufficient
sum for witnesses' expenses, 168
of property of absconding witness, 164-106
in decree for specific movables, 260
in decree for specific performance or injunction
261
in execution
property liable to, 205
property exempt from, 205
power to summon and examine persons as to
property liable to be seized, 206
of movable property in possession of judgment-
debtor, 267
of debt, share and other property not in
possession of judgment-debtor, 209
of salary of public officer, 270
of negotiable instrument, 271
entry into dwelling-house, 272
of property deposited in Court or with public
officer, 273
of decree for money, 274
of immovable property, 275
order for withdrawal of, after satisfaction or
reversal of decree, 276
of coin or currency notes, 277
private alienation of property void after, 278
investigation of clairtis and objections
mode of investigation, 279
evidence to be adduced, 280
release of property from attachment, 281
disallowance of claim to property attached, 282
continuance of attachment to property subject
to incumbrance, 283
suit to establish right to attached property, 284
of property attached in execution of decrees
in several Courts, 285
before judgment
application for, 497
Court may order conditional security, 497 (iii)
attachment where cause not shewn or security
not furnished, 498
mode of making attaciiment, 499
investigation of claims to property so attached,
500
removal of attaciiment, when security furnished
or suit dismissed, 501
not to affect prior riglits of strangers, 502
not to bar decree-holder from applying for sale,
502
property under attachment not to be re-attached
in execution of decree, 503
compensation for improper attachment, 504
general
of debts owing from a firm, 423
injunctions ma.v be enforced by, 500 (iii)
not to remain in force more than one year, 506 (iv)
of property outside jurisdiction of Court, not
in execution of decree, 605
ATTORNEY
power of, from persons not resident within local
jurisdiction, 35
may apply to levy distress, 524
AUCTION, PUBLIC
sales in execution to be made by, 287
proclamation of sales by, 288
INDEX TO CIVIL PROCEDURE CODE.
577
AUCTION', PUBLIC— (co/!i.)
Court may direct negotiable securities and shares
in corporations not to be sold by, 297
sales under warrant of distress to be by, 530
AUCTIONEER, LICENSED
shall usually conduct sales of property in execu-
tion of decrees, 287
property seized under warrant of distress, exceed-
ing SIOO, to be sold by, 531
B
BAILIFF
includes any person authorized to execute warrant
of distress, 520
BANKRUPTCY ENACTMENT
chapter XXIII of this Code to be repealed, on
coming into force of, 1
BILL OP EXCHANGE, see Negotiable Instru-
ments
CAUSE OP ACTION
obligation and collateral security constitute
one cause of action, 29 (iv)
what may be joined with suit for recovery of
land, 30
plaintiff may join several causes of action
against same defendant, 32
defendant may apply to confine suit to one cause
of action, 33
when suit abates or is dismissed by death, etc.,
no fresh suit to be brought on same cause
of action, 3G0
CERTIFICATE
of grounds of judgment in Lower Courts 201
of part or non-satisfaction of decree, 220
of sale of land in execution, 311
CERTIFIED COPIES
of returned documents, when to be given. 111
of decrees to be executed by other Courts, 226
of judgment and decree in appeal to be furnished
to parties, 580
to be sent to Court appealed from, 581
CHARGE
claims under, may be joined with suit for re-
covery of land, 30
attachment subject to, 283
property subject to, sold in execution of decree,
296
postponement of sale of land to allow judgment-
debtor to charge property, 304
CHARITIES, PUBLIC
suits relating to, 491
CHIEF SECRETARY
definition of, 2
CIVIL COURTS, see Lower Civil Courts
CIVIL PRISON
definition of . 2
CLAIM
reilnquislmient of portion of, 29, 362
in respect of mesne profits or arrears of rent, 30
by mortgagee or chargee, 30
by or against an executor or administrator, 31
cross-claims under same decree, 245
to property attached, investigation of, 279 ct scq.
abandonment of part of, by plaintiff, 362
payment into Court in satisfaction of, 365
to property attached before judgment, investi-
gation of, 500
CODE
application of, to Supreme Court, 3
application of, to Lower Civil Courts, 4
COIN
attachment of, 277
COLLECTOR
of land revenue, copy of order of attachment of
immovable propertv to be served on, 275
COLLISION
.assessors may be summoned in suits relating
to, 604
COLONIES
commissions issued bv Courts of, 379
COLONY (STRAITS SETTLEMENTS)
service of summons in, 81
stay of insolvency proceedings, when majority
of creditors reside in, 341
COLONY (STRAITS SETTLEMENTS)— (cowO
action in aid of Courts of, in bankruptcy matters,
350
service of summons issued by Courts of, 60S
COMMISSIONS
to examine witnesses
when Court may issue, 371
order for, 372
wlien witness resides witliin the jurisdiction,
373
when witness resides outside, or is about to
leave, the jurisdiction, 374
persons who may execute, 373, 374
when witness is not within Federated Malay
States or reasonable distance, 375
Court receiving, to examme pursuant to, 376
return of, with depositions, 377
to form part of the record of the suit, 377
when depositions taken on, may be read in
evidence, 378
provisions as to, to apply to commissions issued
by foreign Courts, 379
letter of request, in lieu of, 380
lor local investigations
Court may issue in certain cases, 381
Resident may make rules as to persons to whom
they shall be issued, 381
Commissioner to retiurn report, with evidence,
to Court, 382
to examine accounts
Court may issue in suit, where necessary, 383
Commissioner to receive necessary instructions,
384
proceedings of Commissioner to be received in
evidence, if satisfactory, 384 (ii)
to make partition
of immovable property, 385
sale in lieu of partition, 386
general provisions as to
expenses of, to be paid into Court, 387
powers of Commissioners, 388
summoning, attendance, and examination of
witnesses, 389
appearance of parties, 390
costs of, to be paid by persons exempted by
Resident from personal appearance, 601 (iii)
COMPANY, see Corporation
COMPENSATION
for wrongs, suits for, 13
for injury caused by irregularity at sale in execu-
tion, 299
for improper arrest or attachment before judg-
ment, 504
to defendant for injunction issued on insuflScient
grounds, 510
COMPROMISE
of suit, 3G4
CONSTRUCTION
originating summons relating to questions of, 484
CONTRACT
joinder of parties liable on same, 21
claim for breach of, may be joined with suits
for recovery of land, 30
made on behalf of Government, 400
injunction to restrain breach of, 506
CONVEYANCE
includes transfer or assigimient, 2
decree for execution, how executed, 262, 301
COPY
of entry in book admitted in evidence, 136, 137
to form part of the record, 139
of papers in Lower Court, when required in
appeal, 558 (iii)
of decree in appeal, 580, 581
CORPORATION
where deemed to carry on business, 12, Expl. II
service of interrogatories on, 116
execution of decree or injunction for specific
performance against, 261 (ii)
rules as to share in, in execution, 297
delivery of shares in, sold in execution, 300 (iii)
suits by and against, 411-413
subscription and verification of plaint by, 411
service of summons on, 412
personal attendance of director or otlier oflicer
413
injunction binding on members and officers of,
509
m— 37
578
INDEX TO CIVIL PKOCEDURE CODE.
CO-SHAKBB
in undivided estate has preference in bidding at
sale lield in execution of decree, 309
COSTS
of rejection or amendment of plaint, 44
of solicitor in respect of a decree where tliere is
a set-off, 88 (ii)
of rejection or amendment of written statement,
its
of summons not served in time, 99 (ii)
fifty dollars as security for interrogatories,
113 (iii)
of unnecessary interrogatories, 115
fifty dollars as security for declaration of
documents, 122 (ii)
of proving documents after notice to admit,
129 (iv)
of proving facts after notice to admit, 130 (iv)
of adjournments, 176 (ii)
of irrelevant aflSdavit, 195 (ii)
amount of, to be stated in decree, 203 (ii)
of applications, 216
by whom to be paid, 217
power of Court as to, 218
order for, may be executed as if it were a decree
for money, 218 (iii)
may be set off against sum admitted or found to
be due, 219
Court may give interest on, 220
payment of, out of subject-matter of suit, 220
not to be allowed in insolvency matter, when
Court refuses to approve a comijosition or
scheme, 349 (xii)
on plaintiff withdrawing from suit, 362 (iii)
of suit incurred where plaintiff accepts payment
into Court as satisfaction in part only,
368 (ii)
security for, when required from plaintiff, 369
effect of failure to furnish security, 370
in suits by or against the Government, 401
in suits by minor, 429
of plaint filed by minor without next friend, 430
of order obtained by minor without next fi'iend,
433 (ii)
retiring next friend to give security for, 436
of suit abandoned by minor on majority, 440 (iv)
of application by minor co-plaintiff, on majority,
to repudiate suit, 441 (iii)
of suit improperly instituted on behalf of
minor, 442 (ii)
in interpleader suits, 462, 163, 465
of summary suit upon negotiable instrument,
471 (iii)
security for, from plaintiff in summary suit, 477
of noting non-appearance of dishonoured bill,
478
security for, from appellant, 555
of re-admission of appeal dismissed for default,
564
of re-hearing on application of respondent, 566
of appeal, to be stated in decree, 579 (iii)
of reference by Lower Court to Judicial Commis-
sioner, 589
of commission to examine persons exempted
from personal appearance, 601 (iii)
COURT
payment into, see Payment
may send for records of any Court, 142
whicli passed a decree, meaning of expression,
606 (ii)
Lower Civil, see Lower Civil Court
COURTS ENACTJIENT
jurisdiction of Civil Courts under, 9
provisions of, 48
Judicial Commissioner's powers of sui)ervision
and revision under, 593
CROSS-BECJtEES
execution of, 244
cross-claims under same decree, 245
CROSS-E X A M INATION
documents produced for, 54 (ii)
CROSS-SUIT
written statement to have same effect as jdaint
in, 88 (ii)
CURRENCY NOTES
attachment of, 277
CUSTODY
of property under attachment, rule for, 268
D
DAILIGES
amount of, may be ascertained by commission,
381
DEATH
of party, no abatement if right to sue survives,
351
of one of several plaintiffs or defendants, where
right to sue sui-vives, 352
of one of several plaintiffs, where right to sue
does not survive, 353
of sole or sole surviving plaintiff, where right to
sue survives, 354
of plaintiff, abatement where no application by
representative within six months, 355, 356
of one of several defendants, 357
of next friend of minor, 438
DECREE
definition of, 2
against plaintiff by default, bars fresh suit, 102
ex parte against defendant set aside, 107
not to be set aside without notice to opposite
party, 108
passed when parties fail to appear after post-
ponement, 112
contents of, 203, 204
for recovery of immovable property, 205
for recovery of movable property, 206
for money, Court may order interest on, 207
may direct payment by instalments, 208
in suits for land, Court may direct payment of
mesne profits, 209
in administration suit, ^11
in suits for dissolution of partnership, 212
in suit between principal and agent, 213
when set off is allowed, 214
certified copy of, to be furnished on application,
215
how money payable under to be paid, 221
agreement to give time for payment under, 222
monev paid out of Court on, to be certified to
tiie Court, 223
transfer of, to and from Courts outside the
Federated Malay States for execution, 230,
231,232
transferee of, 240, 241
cross-claims under same, 245
execution of, see Execution of Decree
how executed after lapse of one year from
date of, 246
how executed against legal rejiresentative, 246
for money not exceeding $1,000, immediate
execution may be ordered when decree
passed, 259
for specific movables, how enforced, 260
for specific performance, how enforced, 261
for execution of document or endorsement of
negotiable instrument, 262
for money, attachment of, 274
when satisfied or reversed, attachment with-
drawn, 276
against the Government, no execution to issue,
404
to follow judgment upon case stated for opinion
of Court, 470
in summary suits on negotiable instrument, 474,
476
includes " order " for purposes of appeal, 545
in appeal, 579-583
in Lower Court contingent upon opinion of
Judicial Commissioner on point referred, 587
Judicial Commissioner may alter, etc., on
reference, 590
DECREE-HOLDER
definition of, 2
payment to, and certificate of payment by, 223
must apiily for execution, 233
application for execution of decree by joint, 239
transferee of decree to hold subject to equities
enforceable against original, 241
not to bid at sale in execution without per-
mission of Court, 294
proceeds of sale to be divided rateably when
there are more than one, 296
may apply that judgment-debtor be declared
insolvent, 333 (ii)
DEPENDANT
who may be joined as, 18
INDEX TO CIVIL PROCEDURE CODE.
579
DEFENDANT— (cow.)
not necessary that every defendant be interested
in all relief, 20
joinder of, liable on same contract, 21
one may defend on behalf of all, 22
where added, plaint to be amended, 2t (iv)
when proceedings against added defendant
commence, 24 (v)
one or more of several, may authorize any other
to act, 26
plaint to show that defendant is inteiasted,
41 (iv)
wlieii he may be ordered to appear in person,
57, 58
fixing day for appearance of, 60
residing out of Federated Malay States failing
to appear, 103
non-attendance of one or more of several, 105
failure to appear in person when ordered, lOG
to admit or deny allegations in plaint, 109
when one of several not at issue, 152
payment of money into Court by, 365
appearance of, in summary suits upon negotiable
mstruments, 472
when ordered to furnisli security for appearance,
492
arrest of, before judgment, 492
DELIVERY
of movable property sold in execution, 300
of immovable property sold iu execution, 310.
317
resistance to, 318-324
DISCOVERY, see Interrogatories
DISHONOURED BILL
recovery of costs of noting non-acceptance, 478
DISTRESS
interpretation, 520
no levy of, except under these provisions, 521
not to apply to rent due to Government, 521
not to apply to rent due more than twelve months
prior to application, 521
who may apply, 522
form of application, 523
attorney may apply, 524
issue of warrant, returnable within six days, 525
what may be seized, 526
what property is exempt from seizure, 526 (ii)
power to impound or remove property seized,
527
inventory and estimate of value of property to
be made, 528
notice of date of sale to be given to defendant,
528
application by defendant or party interested to
discharge or suspend the warrant of distress,
529
applicant to give 24 hours' notice to plaintiff,
529
power to institute suit to establish right to
property seized, 529 (ii)
when property shali be sold, 530
penalty for contravening provisions of sale, 531
property exceeding 8100 — to be sold by licensed
auctioneer, 531
property to be sold may be taken to auctioneer's
sale room, 531
unsold property to be returned, 531
application of proceeds of sale, 532
bailifl to keep a record, 532
provision for distress by one of joint-owners,
533
representative or fiduciary capacity of person
issuing distress, 534
lessee against under-lessee, 535
distress after determination of term or tenancy
at will, 536
landlord's claim to be satisfied before property
is removed under warrant of execution, 537
landlord's claim not to exceed rent for six months,
537
exemption of warrant in execution in favour of
Government, 537
procedure where property is already under
seizure, 538
notice by officer in possession on receiving copy
of warrant of distress, 539
decree-holder and judgment-debtor to be noti-
fied, 539
DISTRESS— (cow^.)
either may apply to Court to discharge or suspend
warrant of distress, 539
oiScer in possession to give notice to bailiff of
payment off of execution, 540
tenant evading distress bv removal of goods,
541
Judge may authorize seizure of such goods,
wherever found, within 30 days of removal,
541
bailifi may seize goods found in act of being
removed, 541
goods removed, if sold honA fide, not to be seized,
542
deserted premises, when applicant for distress
may be put in possession of, 543
DOCUMENTS
memorandum of, to be endorsed on plaint, 49
on which plaintiff sues, production of, 50
not in plaintiff's possession or power, statement
of, 51
production of book or shop-book when plaint
filed, 53
produced for cross-examination or to refresh
memory, 54
inadmissibility of, not produced when plaint
filed, 54
summons to order defendant to produce, 61
relating to suit, power to demand declaration
and production of, 122
power to order production of document during
suit, 123
notice to produce document for inspection, 124
notice to be given when and where inspection may
be had, 125
order for inspection, 126
power to order issue to be determined before
inspection, 127
consequence of failure to produce or give in-
spection, 128
power to demand admission of genuineness of, 129
to be used in evidence, to be ready at first hearing,
133
effect of non-production of, 134
Court may reject irrelevant, 135
endorsement on, when admitted in evidence,
136, 137
when rejected, 138, 139
admitted, to form part of record, 139
impounding of, 140
return of, after lapse of time for appeal, 141
provisions as to, to apply to all other material
objects producible as evidence, 143
issues may be framed from contents of docu-
ments produced, 146
summons to produce, 159, 160
any person in Court may be required to produce,
161
service of summons to produce, 162
stranger to suit may be required to produce, 108
no order to be made against the Government
for inspection of, 403
■p
ENLARGEMENT
of time for doing any act, 611
EVIDENCE
documentary, to be ready at fii-st hearing, 133
documents admitted in, to form part of record,
139
documents inadmissible under tlie law of, not
to be used in, 142
material objects producible as, 143
postponement of suit for furtlier, 153, 154
disposal of suit upon failure to produce, 154
any person in Court may be required to give, 161
production of, at hearing, 180
where there are several issues, 181
to be taken orally in open Court, 182
in appealable cases, how taken, 183
Court may take down any particular question
and answer, 184
objections to questions put, 185
in unappealable cases, how taken, 187
how recorded when Judge unable to take
down, 188
taken by Judge who is dead or removed before
conclusion of suit, 189
580
INDEX TO CIVIL PROCEDURE CODE.
RVIDENCE— (ro«L)
of witness about to leave the jurisdiction, 190
may, under certain conditions, be given bv
affidavit, 193
taken under commission, when it may be used,
378, 382, 884
production of additional, in appellate Court, 573
mode of taking on appeal, 574
points to wliicli evidence shall be confined to be
specified by appellate Court, 575
recorded in certain cases by Registrar, G14 (iii)
EXAMINATION
of parties at first hearing, 109
of party or companion of )iarty, 110
reduced to writing by Judge, 111
EXECUTION OP DECREE
Conns hy which decree may be executed, 224-232
by Court other than Court passing decree, 224
when decree may be sent to another Court for
execution, 225
documents to be sent with decree, 226
Court receiving decree to file and execute, 227,
228
powers of Court executing transferred decree,
229
transfer of decrees to and from Courts outside
Federated Malay States for execution, 230,
231
procedure when decree is transferred from Court
outside Federated Malay States for execu-
tion, 232
application for, 233-247
execution barred in certain cases, 234
contents of application, 235
of movable property not in judgment-debtor's
possession, 236
of immovable property, particulars required,
237
when to be accompanied by extract from Land
Ofiice, 238
application by joint decree-holder, 239
application by transferee of decree, 240
transferee to hold subject to equities, 241
execution against legal representative of judg-
ment-debtor, 242
procedure on receiving application for, 243
in case of cross-decrees, 244
in case of cross claims under same decree, 245
notice to show cause why decree should not be
executed, 246
procedure after issue of notice, 247
warrant for execution, 248, 249
date, signature, etc., of, 248
endorsement of, 249
stay of execution, 250-253
when allowed, 250
Court may require security from judgment-
debtor, 250 (iii)
liability of judgment-debtor's property to be
retaken, 251
order of Court which passed decree binding on
Court applied to, 252
where suit pending between decree-holder and
judgment-debtor, 253
questions for Court executing decree, 254
as regards mesne profits or interest, 254
arising between parties or their representatives
relating to the execution, discharge, or
satisfaction of a decree, 254
mode of execution, 255-204
decree against representative of deceased
person, 255
decree against surety, 256
decree for money enforced by attachment and
sale, 257
decree for mesne profits or where amount has to
be ascertained, 258
Court may order immediate execution of decree
for money not exceeding $1,000, 259
decree for specific movables, 260
decree for specific performance or injunction,
261
decree for execution of document or endorse-
ment of negotiable instrument, 262
decree for immovable property, 263
delivery of immovable property when in occu-
pancy of tenant, 264
attachment of property, 265-278, see Attachment
EXECUTION OF DECREE— (ron«.)
i7ivesligation of claims and objections, 279-285,
see Attachment
scde generally, 286-296
power to order property attached to be sold, 286
sales, by whom conducted and how made, 287
proclamation of, by public auction, 288
indemnity of Judges, etc., for errors in, 280
mode of publishing proclamation, 290
time of sale, 291
power to adjourn sale, 292
stoppage of sale, on tender of debts and costs or
on proof of payment, 292 (iii)
lialiility of defaulting purchaser, 293
decree-holder not to bid for, or buy property
without permission, 294
persons concerned in sales not to bid for or buy
property, 295
proceeds of sale to be divided rateably among
decree-holders, 29G
proviso in case of incumbrances, 296
persons receiving proceeds of sale, not entitled
thereto, may be sued, 296 (ii)
rights of Government or Labourers in rateable
distribution, 296 (iii)
sale of movable property, 297-302
negotiable instruments and shares in corpora-
tion, 297
payment for movable nroperty sold by auction,
298
irregularity not to vitiate sale, but person injured
may sue, 299
delivery of movable property, when actually
seized, 300
where property sold is in possession of some
other person, 300 (ii)
delivery of debts and shares in corporations,
300 (iii)
where a document or endorsement is required to
effect transfer, 301
Court may appoint receiver of interest or divi-
dends, 301 (iii)
vesting order in case of other property, 302
sale of immovable property, 303-317
may be ordered by the Supreme Court only, 303
what may be deemed to be movable property
when attached to immovable property,
303 (ii)
postponement of sale to enable judgment-debtor
to raise amount of decree, 304
certificate of Court authorizing judgment-debtor
to charge or sell land, 304 (ii)
deposit by purchaser and re-sale on default, 305
time for payment in full, 306
procedure in default of payment, 307
notification on re-sale, 308
bid of co-sharer to have preference, 309
application to set aside sale on ground of ii-regu-
larity or fraud, 310
setting aside sale on ground of judgment-debtor
having no saleable Interest, 311
no sale absolute until confirmed by Court, 312
if sale set aside, price to be returned to pur-
chaser, 313
certificate to purchaser, 314
bar to suit against purchaser buying on behalf of
others, 315
delivery of property in occupancy of judgment-
debtor, 316
delivery of property in occupancy of tenant, 317
resistance to delivery of possession, 318-324
investigation by Court, 318
resistance or obstruction by judgment-debtor,
319
resistance or obstruction by bond fide claimant,
320
complaint by person dispossessed by decree-
holder or purchaser, 321
bond fide claimant to be restored to possession,
322
property transferred pendente lite, 323
order conclusive, subject to regular suit, 324
examination and imprisonment of judgment-
debtor, see Judgment-debtor
generally
not to issue on decree against the Government,
404
method of execution against a firm, 422
INDEX TO CIVIL PROCEDURE CODE.
581
EXECUTION OF DECREE— (fOH<.)
in suits between co-partners, 424
against a representative, being a minor, 443
in summary suit upon negotiable instrument,
476
property attached before judgment not to be
re-attached in, 503
landlord's claim to be satisfied before movable
property may be moved in execution of
decree, 537
procedure where warrant of distress is issued
against property already seized in execution,
538-540
when execution may be stayed on appeal, 551,
552
execution of decree by appellate Court, 583
rules as to execution applicable to any judicial
process for arrest, sale, or payment, 60G
EXECUTOR.
claims by or against not to be joined with claims
by or against him personally, 31
suits by or against, 426-428
EXHIBITS
provisions as to documents to apply to, 143
applications for copies of, to Court whose decree
is appealed against, 558 (iii)
EX PARTE
when Court may proceed, 99
when defendant may be heard after suit ad-
journed ex parte, 100
decree against defendant, setting aside, 107
when application made to set aside, notice in
writing to be served on opposite party, 1U8
hearing of appeals, 562
re-hearing of appeals heard e.v parte, 566
EXPERT
remuneration for evidence of, 156 (ii)
FACT
question of, may by agreement be stated in
form of case, 466
FEDERATED MALAY STATES
Court in, not precluded from trying suit pending
in foreign Court, 5
for service on defendant outside, leave of Supreme
Court required, 63
procedure to obtain leave for service on defendant
outside, 64
when service outside may be allowed, 65
affidavit in support of application for service
outside, 66
security for costs of appeal from appellant residing
outside, 555
FEES
remission of, where suit instituted in another
Court, 15
in matters done in Courts for Government not
payable in first instance, 402
of assessors in cases of salvage, etc., 604
FE.MALE
suit not abated by marriage of, 358
FINAL
decision, what is, 6 Expl. (v)
FIRMS
suits by or against, 414-425
partnere may sue or be sued in name of, 414
names and addresses of partners to be furnished,
414
signature of one partner sufficient, 414 (ii)
disclosure of partners' names, 415
service of summons on, 416
right of suit on death of partner, 417
not affected by Section 45 of Contract Enactment,
417
notice in writing to be given in what capacity
person is served, 418
appearance by partner at hearing, 419
no appearance by manager necessary, 420
denial of partnersliip, 421
execution of decree against firm, 422
Section 247 of Contract Enactment not affected,
422
attachment of debts o\\ing from a firm, 423
suits between co-partners, 424
suits against persons carrying on business in
names other than their own, 425
FOREIGN COURT
definition of, 2
suit in, 5, 7
commissions issued by, 379
FOREIGN JUDGMENT
definition of, 2
when not conclusive, 7
execution of decrees on, 230-232
FOREIGN TRIBUNALS
service of foreign process in pursuance of letter
of request, 391
evidence recorded for, 392
FORMS
in third schedule to be used with variations, if
required, 603
FUNDS
in Court, originating summons relating to, 485
G
GAOL
service of summons on defendant in, 80
GOVERNMENT
rights of, not affected by sale in execution, 296
(iii)
to be paid moneys due by insolvent, 344
suits by or against the Government of the
Federated Malay States, 393
suits by or against the Government of a State,
394
wording of plaint in suits by, 395
subscription and verification of plaint, 396
appearances and acts, 396 (ii)
iu suits against, plaint to be submitted to Chief
Secretary or Resident, 397
apijeal when Chief Secretary or Resident refuses
to endorse plaint, 397 (iii)
rejection of plaint, when not endorsed, 397 (v)
claims which may be enforced by suit against,
398
public officer acting on behalf of, not liable
personally, 399
contracts made on behalf of, 400
costs in suit by or against, 401
fees in suit by or against, 402
no interrogatories or order for discovery or
inspection against, 403
execution not to issue against, 404
all suits, by or against, to be in accordance with
these provisions, 405
jirocedure for distress not to apply to, 521
rights of, not affected by landlord's claim for
rent, 537
no security for stay of execution required against,
553
GUARDIAN
of minor and person of unsound mind, see Minor
H
HEARING
disposal of suit at first, 151-154
failure of parties to appear on day fixed for, 177,
178
right to begin at, 179
procedure at, 180
procedure wliere there are several issues, 181
of appeal, fixing day for, 556, 557, 559
order of hearing at appeal, 561
HUSBAND
of female defendant, decree may be executed
against, 358 (ii)
of married administratrix or executrix not to
be party to suit by or against her, unless
Court directs. 428
ILLNESS
release of judgment-debtor on account of, 609
IMMEDIATE "EXECUTION
when Court may order, 259
IMJtOVABLB PROPERTY
suits for recovery of, only certain claims to be
joined witli, 30
decree in suits for recovery of, 205
decree may provide for payment of rent or
mesne profits in respect of, 209, 210
enforcement of decree for delivery of, 263
attachment of, 275
582
INDEX TO CIVIL PROCEDURE CODE.
IMMOVABLE PEOPERTY— (foni.)
things attached to, may be movable property,
303 (ii)
commission for partition of, 385
sale of, in lieu of partition, 386
when sale of, in execution of decree, may be
stayed, 552 (ii)
IMPOUNDING
of documents by Court, 140
IMPKISONMENT
of judgment-debtor for disobedience in decree
for specific performance, 261
for resistance to execution, 319
in execution of decree, see Judgment-debtor
of pauper plaintiflF, 456
injunction may be enforced by, 261, 506
release from, on account of illness, 609
INCUMBRANCE
attachment subject to, 283
rights of, against proceeds of property sold in
execution, 296
INDEMNITY
to be given in suit on lost or negotiable instrument,
52
of judges and other public ofBcers for errors in
proclamation of sale in execution of decree,
289
INJUNCTIONS, TEMPORARY
may be enforced by imprisonment or
attachment, 261
when they may be granted, 505
to restrain defendant from committing breach
of contract or other injm-y, 506
property attached to be sold after one year,
506 (iv)
Court may award compensation to plaintiff,
506 (iv)
before granting injunction. Court to direct notice
to opposite party, 507
may be granted without notice, if object would
be defeated by delay, 507
order for, when it may be varied, discharged, or
set aside, 508
to corporation, binding on all its members and
officers, 509
compensation for, when issued on insufficient
grounds, 510
INSOLVENCY
application by judgment-debtor or decree-holder
in Supreme Court, 333
contents of application, 334
subscription and verification Of, 335
service of copy of appUoation and notice, 336
power of Court to serve other creditors, 337
procedure at hearing, 338
declaration of insolvency and appointment of
receiver, 339
creditors to prove their debts, 340
schedule of creditors and debts, 340
stay of proceedings where majority of creditors
reside in the Colony, 341
effect of order appointing receiver, 342
declaration of insolvency to be published in
Oazelle, 342
procedure where judgment-debtor declared in-
solvent on application of decree-holder, 343
when judgment-debtor may be committed to
custody, 343 (iii)
duty and remuneration of receiver, 344
effect of discharge of insolvent, 345
declaration that insolvent is discharged, 34C
procedure in case of dishonest debtor, 347
Court may inquire as to insolvent's property,
348
composition in satisfaction ol debts of an
insolvent, 349
action in aid of the Courts of the Colony in bank-
ruptcy matters, 350
when plaintiff's insolvency bars a suit, 359
INSPECTION
of documents, 113 et sef., see Documents
bv Court of property or thing concerned in any
suit, 192
of documents, not allowed against Government,
403
INTEREST
discretion of Court to award, 207
on decree payable by instalments, 208
INTEREST— (co?!<.)
on mesne profits, 209
on costs, 220
question of, to be decided by Court executing
decree, 254
due on negotiable instrument or share, Court
may appoint person to receive after sale in
execution, 301 (iii)
not allowed on pavment into Court after notice
to plaintiff, 36'7
INTERESTS
created or passing pendente lite, 361
INTERLOCUTORY APPLICATION
affidavits in, 195
INTERLOCUTORY ORDER
power of Court to make, for sale of perishable
articles, 511
for detention of subject-matter and to authorize
entry, taking of samples and experiments,
512
apphcation for, to be made after notice, 513
for deposit of money or thing capable of delivery
in Court, 514
INTERPLEADER SUIT
when may be instituted, 459
plaint in, 460
payment of thing claimed into Court, 461
procedure where defendant is suing plaintiff, 462
procedure at first hearing, 463
agents and tenants may not institute, 464
charge for plaintiff's costs in, 465
INTERROGATORIES
power of parties to deliver, 113
not more than one set to same party, 113 (ii)
defendant not to deliver unless written statement
previously tendered, 113 (ii)
fifty dollars to be deposited as security for costs,
113 (iu)
when leave to dehver granted by Court, 113 (iv)
service of, 114
enquiry into propriety of delivering, 115
service of, on corporation or body, 116
objections to interrogatories by answer, 117
setting aside interrogatories, 118
time for filing affidavit in answer, 119
no exceptions to affidavit to be taken, 120
procedure where party omits to answer suffi-
ciently, 121
consequence of failure to answer, 128
when Court may issue commission for examina-
tion of witness upon, 371
not to be administered against the Government,
403
INVESTIGATION
of claims and objections to attached propertj',
see Attachment
commissions for local, 381, 382
ISSUES
what are, 144
framing of, 144 (v)
issue of law may be tried before issue of fact,
145
material from which issues to be framed, 146
witnesses or documents may be examined before
framing, 147
power to amend, add, and strike out, 148
questions of fact or law may be stated in form
of, 149
judgment on issues framed by agreement, 150
decision upon each issue in judgment, 202
appellate Court may direct what issue shall be
tried on remanding to Lower Court, 568
appellate Court may frame issues and refer them
for trial in Lower Court, 571
JOINDER, see Misjoinder and Non-joinder
of plaintiffs, 16
separate trials when joinder embarrasses, 17
of defendants, 18
of parties liable on same contract, 21
of causes of action, 32
of trustees, executors, and administrators, 427
of husband of married administratrix or executrix,
428
of claims in summary suits for debt, 475
INDEX TO CIVIL PROCEDURE CODE.
583
JOINT OWNERS
distress by one of, 533
JUDGE
definition of, 2
evidence of witnesses to be taken orally in open
Court by, 182
procedure where unable to take down evidence,
188
power of successor to deal with evidence, 189
may pronounce judgment written by predecessor,
198
indemnity of, in respect of errors in proclamation
of sa'le, 289
JUDGMENT
definition of, 2
foreign, when not conclusive, 7
for or against one or more of joint parties, 19
final, in claim and set-off, 88 (ii)
on admissions of fact, 132
on agreed issues, 150
when Court may pronounce at iirst hearing, 151,
152
when Court may pronounce on day fixed for
final disposal, 151
when party to a suit refuses to give evidence, 174
to be written in English, 199
to be dated and signed, 200
not to be altered or added to, 200
of Lower Court, what it shall contain, 201
certificate of grounds of, to be given to party
applying, 2U1
to state decision on each issue, 202
shall agree with decree, 203
on cases stated for opinion of Court, 470
of Judicial Commissioner's Court on point
referred by Lower Court, 588
in appeal, see Appeal
arrest before, see Arrest
attachment before, see Attachment
review nf judgrnent
when application may be made, 594
to whom appUoation to be made, 595
form of application, 596
grant of or rejection of application, 597
notice to opposite party before grant, 597 (ii)
provision as to new evidence, 597 (ii)
order of rejection not appealable, 598
objections to order granting application, 598
procedure for restoring rejected application,
598 (iii)
when appUcation granted, Court to re-hear case,
599
no application to review order made on applica-
tion for review, 600
JUDGMENT-DEBTOR
definition of, 2
may apply to pay decree by instalments, 208
may apply to issue notice when payment of
decree made, 223 (ii)
attachment of property of, in case of decree for
specific movables, 260
imprisonment of or attachment of property of,
in case of decree for specific performance, 261
imprisoimient of, resisting execution of decree
319
examination and im-prisonment of, in execution
of decree
Court may order arrest, 325
decree-holder may summon, 326
examination of, 327
Court may make interim order, 327 (vi)
may be discharged unless warrant issued, 327
(vii)
may be committed to civil prison, 328
may be ordered to pay by instalments, 328 (ii)
imprisonment not to operate as satisfaction of
debt, 329
may be discharged upon certificate of satisfaction
of debt, 330
compensation on default of decree-holder to
give certificate of satisfaction, 331
subsistence of judgmeiH-debtor
Judicial Commissioners may prescribe scales
for, 332
method of payment, 332 (v)
shall be deemed costs in the suit, 332 (vi)
release of judgment-debtor on account of
illness, 609
JUDICIAL COMMISSIONERS
may order transfer of suits, 12 (ii)
may prescribe form of list of documents to be
produced in suits, 133 (ii)
may make rules for sales by public auction in
execution of decrees, 288 (iv)
may prescribe subsistence scales for judgment-
debtors, 332
may prescribe form of summons and scale of
costs in summary suits on negotiable
instruments, 471
may amend procedure in appeals from Pen-
ghulus to First Class Magistrates, 544 (ii)
may prescribe forms to be used, if those in third
schedule not suitable, 603
may make rules for assessors in cases of salvage,
etc., 604
may declare what shall be deemed to be quasi-
judicial and non-judicial acts, 614 (ii)
powers vested in Judicial Commissioners to
make rules, etc., may be exercised by any
two. 615
JURISDICTION
as to matters in issue in previously instituted
suits, 5
of Civil Courts, 10
where several causes of action are joined, 32 (iii)
Court shall return plaint, if no jurisdiction to
try, or if cause of action did not arise within
local limits, or if defendants are not dwelling
within local limits, 48
if jurisdiction not affected, decree not to be
reversed on appeal for error or irregularit}',
578
reference to Court of Judicial Commissioner on
question of, 591
revision by Court of Judicial Conxmissioner on
question of, when no appeal lies, 592
arrest or attachment outside, procedure for, COS
JUSTICE
inherent powers of Court necessary for ends of,
612
LABOUR CODE
rights of pcKons under not affected by sale in
execution. 296 (iii)
rights of persons under in insolvency proceedings,
344
LAND
claims which may be joined in suit for recovery
of, 30
payment of mesne profits in suit for, 209
execution of decree for, see Execution
LANDLORD, see Tenancy, Tenant
as plaintiff in distress suit, 523
claim of for rent, to be satisfied before property
attached in execution may be removed, 537
LAW
question of, may by agreement be framed as
issue, 466
judgment tliereon, 470 (ii)
reference to Court of Judicial Commissioner on
question of, 586
LEGAL ADVISER
definition of, 2
may appear as Advocate for Government, 396 (ii)
LEGAL REPRESENTATIVE, see Representative
LESSEE
may distrain against under-lessee, 535
LETTER
substitution of, for summons, 83
LICENSED AUCTIONEER, see Auctigneer
LOCAL INVESTIGATION
commissions for, 381, 382
LOWER CIVIL COURTS
definition of, 2
portions of the Code applicable to, 4
jurisdiction of, subject to Courts Enactment, 9
local limits of. Resident may define, 10
where suits in, shall be instituted, 12
Judicial Commissioner may transfer suits in,
12 (ii)
may refer question of law to Judicial Commis-
sioner, 586
may refer question of jurisdiction to Judicial
Commissioner, 591
584
INDEX TO CIVIL PROCEDURE CODE.
M
MAINTENANCE
of property under attacliment, rules for, 268
MALAY STATE (icnfederaCed)
service of summons issued by Court of, 608
MEMORANDUM
of documents to be filed with plaint, 49
of evidence of witnesses, 187
of appeal, 547
of objection to decree by respondent, 567 (ii)
of objections to finding in Lower Court on case
remanded by appellate Court, 572
MEBITS
if not affected, decree not to be reversed on
appeal for error or irregularity, 578
MESNE PROFITS
definition of, 2
claim for, may be joined in suit for land, 30
approximate amount to be stated in plaint,
41 (ii)
Court may decree payment of, with interest, 209
Court may determine amount of, 210
to be assessed by Court executing decree, 254
mode of executing decree for, 258
amount of, may be ascertained by commission,
381
MILITARY MEN
suits by and against, 406-410
may authorize persons to sue or defend, 406, 407
service on person so authorized, 408
service on officers and soldiers, 409
execution of warrants in cantonments, 410
MINOR
request for sale in lieu of partition by, 386 (iii)
must sue by next friend, 429
plaint filed without next friend to be taken off
file, 430
when defendant, guardian to be appointed by
Court, 431
who may be next friend, 432
applications on behalf of, to be made by next
friend or guardian, 433
discharge of order made without next friend or
guardian, 433 (ii)
next friend or guardian not to receive money
without leave of Com-t, 434
next friend or guardian not to compromise
without leave of Court, 435
retirement of next friend, 436
removal of next friend, 437
stay of proceedings on retirement, removal, or
death of next friend, 438
retirement, removal, or death of guardian for the
suit, 439
course to be followed by, on attaining majority,
440
procedure where co-plaintifE attaining majority
desires to repudiate suit, 441
uiu-easonable or improper suit may be dismissed,
442
guardian of minor representative of deceased
judgment-debtor, 443
provisions as to minors to apply in case of persons
of unsound mind, 414
MISJOINDER
of jiarties, suit not to abate by reason of, 23
objections to, wlien to be taken, 27
of claims, 33
rejection or amendment of plaint for, 44
of parties or causes of action, decree not to be
reversed on appeal on account of, 578
MONEY
plaint must state precise amount in suits
for, 41 (ii)
decree for, may order interest, 207
modes of paying under decree, 221
decree for, liow enforced, 257
attachment of decree for, 274
MORTGAGE
claim under may be included in suit for land, 30
attachment sutjject to, 283
rights of, against iirocceds of property sold in
execution, J'.(6
certificate authorizing judgment-debtor to raise
money bv, 3il.t
MOVABI,E r"R()['KI!TV
suit for compensation for wrong to, where to be
instituted, 13
MOVABLE PROPERTY— (coH<.)
attachment of, to meet exijenses of witnesses, 158
decree for delivery of, 206
attachment of, see Attachment
sale of, see Execution of Decree
what is, when attached to immovable property,
303 (ii)
perishable, interlocutory order for sale of, 511
N
NEGOTIABLE INSTRUMENTS
joinder of parties liable on, 21
suits on, when lost, 52
decree for endorsement of, how executed, 262
attachment of, 271
sale of, in execution, 297
delivery and transfer of, after sale, 300, 301
summary procedure in suits upon, 471
when defendant shall have leave to appear, 472
where some only of defendants get leave to
defend, 473
decree for part of claim, 474
improper joinder of claims, 475
power of Court to set aside decree in, 476
power of Court to order bill, etc., to be deposited
in Court, 477
recovery of cost of noting non-acceptance of
dishonoured bill, 478
application of such procedure to Courts of
Magistrates, 480
NEXT FRIEND
consent of, to be added as plaintiff, 24 (iii)
of minor or person of unsound mind, see Minor
NON-JOINDER
suit not to abate by reason of, 23
objections to, when to be taken, 27
rejection or amendment of plaint for, 44
NON-JUDICIAL ACTS
Judicial Commissioners to declare what shall be
deemed to be, 614
may be done by Registrar, 614
O
OATH
by wliom to be administered in affidavit, 196
OBJECTION
as to non-joinder or misjoinder of parties, 27
to question put to witness, 185
to attachment of property, 279 et seq.
to finding on issues framed by appellate Court, 572
to admitted application for review, 598
OBSTRUCTION
to execution, see Execution of Decree
OFFENCES
failing to comply with order for production or
inspection of documents, 128
sale in contravention of provisions for sales
under warrant of distress, 530
procedure where cliarge of certain offences requires
investigation, 602
OFFICIAL RECEIVER
appointment of, 518
ORDER
definition of, 2
service of, 85
obtained on behalf of minor without next
friend may be discharged, 133 (ii)
included in " decree " for puri)oses of appeal, 5 15
made on review is final, 600
ORIGINATING SUMMONS
definition of, 2
I'elating to exi)ress trusts or administration of
an estate, 481
order for administration of movable and
immovable property, 482
persons to bo served with summons, 483
relating to questions of construction, 484
relating to new trustees, vesting orders and
funds in Court, 485
ot.lier appHcations by, 486
Court not bound to order administration, 487
orders wliich iiuiy be made on applications, 188
summons to be served eiglit days before return,
489
appointment of new time when summons not
served within time, 480
service of summons, 490
INDEX TO CIVIL PROCEDURE CODE.
585
PARTIES
joinder of, liable ou same contract, 21
when one may sue or defend on behalf of all, 22
application to be made party to a suit, 22 (ii)
Court may dismiss or add, 2-t
appearance of, by agent or solicitor, 34
recognized agents of, and service of process on,
35, 36, 39
to appear in person or by solicitor on day
fixed, 94
may be orally examined by Court as to material
questions, 110
may be ordered to appear in person, 112
consequence of refusal of party to give evidence,
174
rules as to witnesses apply to, 175
right to begin by, 179
death of, see Death
joinder of executors and administrators, 426
agreeing to state case for Court's opinion, 466
PARTITION
of immovable property, commission for, 385
PARTNER, see Firm
suits between co-partners, 424
PARTNERSHIP
suit for dissolution of, 212
PAUPER
suit by, 445-458
explanation of pauper, 445
what suit may not be brought by, 446
contents of apphcation, 447
application to be presented in person, 448
examination of applicant, 449
rejection of application, 450
notice of day for receiving evidence of pauperism,
451
procedure at hearing of application, 452
procedure if application granted, 453
dispaupering, 454
costs of, 453, 455, 458
procedure on failure of application, 45G
plaintiff may be fined or imprisoned, 456
rejection of application bars subsequent applica-
tion, 457
objection by respondent in pauper appeal, 567
appeals by, 584
PATiMENT
into Court of money for expenses of witnesses,
156-158
of money by instalments, 208
of money under decree, 221
to decree-holder out of Court, 223
of coin or currency notes under attachment, 277
for movable property sold in execution, 298
for immovable property sold in execution, 30G
of subsistence of judgment-debtor, 332
of amount of satisfaction of claim, 365-368
of thing claimed in interpleader suit, 461
of funds in Court, originating summons relating
to, 485
of money under interlocutory order, 514
of proceeds of sale under warrant of distress, 532
PENAL CODE, see Offences
PENDING- SUITS, see SUITS
PENQHULU'S COURT
appeal from, 544 (ii)
PLAINT
may be retm-ned wlien proceedings stayed,
because all defendants not within jurisdiction
14
to be amended where defendant added, 24 (iv)
to be amended when suit confined to one cause
of action, 33
suit to be commenced by, 40
to be written in English, 41
if not presented in time, to shew ground of
exemption, 41 (v)
to be signed and verified, 42, 43
rejection or amendment of, 44-47
when rejected, plaintiff not barred from
presenting fresh plaint, 47
when it shall be rerurued to be presented to the
proper Court, 48
rirocedure on admitting, 49
production of documents wlien plaint is filed, 50
in suits by Government, subscription of, 390
in suits against Government, to be endorsed, 397
PLAINT— (foni.)
in suits by corporation, 411
in suits by or against firms, 414
in interpleader suit, 460
in summary suit upon negotiable instrument, 171
PLAINTIFF
who may be joined as, 16
separate trials wlien joinder embarrasses, 17
Court may substitute or add, 24
no person to be added without his consent,
24 (iii)
Court may give conduct of suit to such as it
deems proper, 25
one or more of several may authorize any other
to act for him, 26
when several causes of action may be joined
by, 32
suing in representative character, 41 (iii)
failure of, to pay fee for issuing summons, 95
when he may bring fresh suit, 97
procedure where only plaintiff appears, 99
procedure where plaintiff fails to appear, 101
decree against by default bar> fresh suit, 102
non-attendance of one or more of several, 104
failure of, to appear when ordered, lOG
right to begin by, 179
death of, see Death
female, suit not abated by marriage of, 358
insolvency of, 359
withdraw-al of, from suit, 362
resident out of Federated Malay States, security
for costs from, 369
minor, on attaining majority, 440, 441
POSTPONEMENT, see Adjournment
when solicitor refuses or is unable to answer
questions at first hearing, 112
after first hearing, 153 (iii)
when either party fails to produce evidence, 154
of sale of property under attachment, pending
investigation, 279 (ii)
of gale in execution of decree, 292
of sale of land to enable judgment-debtor to raise
amount of decree, 304
PRINCIPAL
and agent, suit for account between, 213
interpleader suit by agent against, 464
PROCEEDINGS, SPECIAL
special case, power to state for Court's opinion,
466
where value of subject-matter must be stated,
467
agreement to be filed and numbered as suit, 468
parties to be subject to Court's jurisdiction, 469
hearing and disposal of case, 470
PROCESS
service of, on recognized agent, 36
service of, on solicitor, 38
who may be appointed agent to accept, 39
service of, to be at expense of party issuing, 84
service of, generally, see Summons
inherent powers of Court to prevent abuse of, 612
PROCLAMATION
requiring absconding witness to attend, 1G4 (ii)
of sale in execution bv public auction, 288, 290
PROHIBITORY ORDER', see Attachment
PROMISSORY NOTES, see Negotiable Instru-
ments
parties to, may be joined as defendants, 21
PROPERTY
immovable, see Immovable Property
movable, see Movable Property
PUBLIC CHARITIES, see Charities
PUBLIC COMPANIES, see Corporations
PUBLIC OFFICER
definition of, 2
attachment of salary of, 270 •
indemnity of, for error in proclamation of sale,
289
acting on behalf of Government not liable
personally, 399
contracts made ou behalf of Government by, 400
no security required from on appeal, 553
PUBLIC PROSECUTOR
definition of, 2
may be ordered to prosecute dishonest
judgment-debtor, 347
Court to send evidence and documents relating •
to certain charges to, 603
586
INDEX TO CIVIL PROCEDURE CODE.
PUBLIC EECOED
entry in, produced in evidence, 137 (ii)
PURCHASE MONEY, see Payment
PURCHASER
movable property, of which actual seizure is
made, to be deUvered to, 300
of immovable property, deposit by, 305
time for payment in full by, 306
procedure in case of default by, 307
may apply to set aside sale, 311
re-payment of purchase money to, 313
certificate to purchaser, 314
bar to suit against, buying on behalf of others,
315
delivery of immovable property to, 316
delivery to, if property is in occupancy of tenant,
317
QUASI-JUDICIAL ACTS
Judicial Commissioners to declare what shall be
deemed to be, 614
mav be done by Registrar, 614
QUESTIONS
when any particular question and answer may
be taken down, 184
objections to, when to be taken down, 184, 185
for Court executing decree, 254
reference to Court on question of fact or law by
agreement of parties, 466
R
RAILWAY
salary of servant of, not to be attached without
written consent of Resident or Secretary to
Resident, 265
how attachment made, 270
RANK
exemptions of persons of, from personal
appearance, 601
persons of, may be examined on commission, 601
RECEIPT
to be given for returned document, 141
to be given by person holding sale of movable
property in execution, 298
RECEIVER
pending transfer of negotiable instrument or
share sold in execution, 301 (iii)
ill case of insolvency, 339 ct seq.
order appointing to be pubhshed in Gazette, 342
duties of, 342
in case of insolvent plaintiff, 359
may apply to set aside abated or dismissed suit,
360 (ii)
generalltj
when Court may appoint, 515
power of Court to grant fee or commission on
rents or profits to, 515
to give security, 516
accounts of, to be submitted as Court directs,
516
liability of, for default or negligence, 51G
enforcement of receiver's duties, 517
official, appointment of, by llesident, 518
RECORD
Court may send for, 142
application to send for, to be supported by
affidavit, 142 (ii)
REFERENCE
of question of law to Court of Judicial Commis-
sioner, 586
Lower Court may pass decree contingent on
decision of Judicial Commissioner, 587
judgment of Judicial Commissioner to be trans-
mitted to Lower Court, 588
cost of, 589
power to alter, etc., decree of Court making
reference, 590
of question of jurisdiction, 591
REGISTER
of civil suits, 49 (v)
of applications for execution, 243 (iii)
of appeals, 554 (ii)
REGISTRAR
includes Assistant Registrar, 2
may perform non-judicial and quasi-judicial
acts, 614
REGISTRAR— (conz.)
may perform act which may be done by a Com-
missioner, 614
may examine witnesses, 614
REGISTRATION OP TITLES
order for attachment of immovable property to
be dealt with under Section 68 of Enactment,
275 (iii)
RE-HEARING
of suit decided ex parte, 107
notice in writing to be served on opposite party,
108
of appeal heard ex parte in absence of respondent,
566
REJECTION
of plaint, see Plaint
of written statements, 89
of documents inadmissible in evidence, 135
of memorandum of appeal, 549
of appUcation for review of judgment, 597
RENT
claims for arrears of, may be joined with suit for
land, 30
decree for payment of, in suit for land, 209
claim for by landlord to be satisfied before property
attached in execution may be removed,
537
REPLY, see Address
right of, in appeals, 561
REPRESENTATIVE
what must be alleged by plaintiff suing as,
41 (iii)
application for execution against representative
of deceased judgment-debtor, 242 (ii)
when application made, notice to shew cause to
issue, 246
question as to who is, in executing decree, 254
execution of decree against representative by
attachment of deceased's property, 255
representative of deceased plaintiff may be
made party to the suit, 353, 354
abatement of suit where no apphcation made
by representative of deceased plaintifl with-
in six months, 355
procedure in case of dispute as to who is, 356
of deceased defendant, 357
may apply to set aside abated or dismissed
suit, 360 (ii)
in suits by or against firms, 417
guardian to be appointed of representative, if
minor, 443
issuing distress, 534
REQUEST
letter of, to examine witnesses, 380
expenses of, to be paid into Court, 387
RE-SALE
of movable property sold in execution, 298
of immovable property sold in execution, 307
RESIDENT
may define local limits of Lower Civil Courts, 10
may make rules for maintenance of movable
property under attachment, 268
written consent of, necessary for attachment of
salary of public officer, 270
written consent of, necessary for attachment of
liroperty in custody of pubhc officer, 273
may make rules as to persons to whom com-
missions for local investigations shall be
issued, 381
may authorize persons to act for the State,
396 (ii)
to endorse plaints in suits against the State, 397
power of, to direct payment of decree against
the State, 404
may notify in which Courts of First Class
Magistrates summary suits on negotiable
instruments may be brought, 480
maj' appoint official receivers, 518
may exempt certain persons from pci-sonal
appearance, 601
RES JUDICATA
when Court not to try suit, 6
in case of foreign judgment, 7
RESPONDENT, see Appeal
REVIEW OF JUDGMENT, see Judgment
REVISION
by Court of Judicial Commissioner in cases in
which no appeal lies, 592
INDEX TO CIVIL PROCEDURE CODE.
587
RIGHT
to begin, provisions as to, 179
on appeal, 561
BULKS
for scale of expenses of witnesses, 156
for maintenance of movable property under
attachment, 268
as to sales in execution, 288 (iv)
as to issue of commissions for local investigation,
381
SALE
of property in execution of decree, see Execution
of Decree
of property subject to speedy and natural decay,
267
of property under attachment, postponed
pending investigation of claim or objection,
279 (ii)
of immovable property in lieu of partition, 386
of property seized under warrant of distress,
530-532
of immovable property, may be stayed on terms,
when appeal lodged, 552 (ii)
SALVAGE
in suits relating to, assessors may be summoned,
604
SAMPLES
interlocutory order to take, 512
SAJNITART BOARD
salary of servant of, not to be attached without
written consent of Resident or Secretary to
Resident, 265
how attachment to be made, 270
SATISFACTION
of decree, withdrawal of attachment after, 276
of claim, by payment of money into Court, 365
in part, procedure when accepted by plaintiff,
368
SCHEME
of arrangement in insolvency, 349
for management of public charity, 491
SECURITY
collateral, one cause of action with obligation,
29 (iv)
for appearance of witness, 170
for costs, when required, 369, 370
for satisfaction of decree before stay of execution,
551 (ii)
or restitution of property taken in execution on
appeal pending, 552
not required from Government or public oflBcer
on appeal, 553
for costs of appeal from appellant, 555
SERVICE
of process on recognized agent, 36
of process on solicitor, 38
on agent appointed to accept service, 39, 70
on defendant outside Federated Malay States,
leave of Supreme Court required, 63
procedure to obtain leave for service outside
Federated Malay States, 64
when service outside Federated Malay States
may be allowed, 65
affidavit in support of application for service
outside Federated Malay States, 66
on defendant personally, 70
on agent or manager of defendant's business, 71
on master of ship as agent of owner or charterer,
71 (ii)
on agent in charge of immovable property, 72
on male member of defendant's family, 73
person served to sign acknowledgment, 74
l>rocedure where defendant refuses to accept
service or cannot be found, 75
endorsement of time and manner of service, 70
examination of serving-officer, 77
substituted service, how effected, 78
where defendant resides within jurisdiction of
another Court and has no agent, 79
on defendant in prison, 80
where prison is in different district, 80 (iii)
service in the Colony, 81
where defendant " resides outside Federated
Malay States and Colony and has no agent,
82
to be at expense of party issuing process, 84
SERVICE— (co?«.)
of notices and orders, 85
postage for, how chargeable, 86
if summons unserved and plaintilT fails for a year
to apply for fresh summons, suit dismissed,
98
if summons unserved, Court may direct a
second summons to be issued, 99
of interrogatories, 114, 116
of application by judgment-debtor to be declared
insolvent, 336, 337
of summons in suits against the Government, 397
of process in suits by or against military men,
406-409
of summons in suits against corporations, 412
of summons on partners or firm, 416, 418
of originating summons, 483
time and mode of service of originating
summons, 489, 490
SERVING OFFICER
endorsement of summons by, 76
examination of, when required, 77
SET-OFF
amount of, to be stated in plaint, 41
particulars of, to be given in written statement,
88
form of decree, when set-off allowed, 214
of costs against sum admitted or found to be
due, 219
of one decree against another, 244
SETTLEMENT
of issues, 144-150, see Issues
SHARE
in corporation, sale delivery and transfer of,
in execution, 297, 300, 301
SHOP-BOOK
production of, 53, 137
SOLDIER, see Military Men
SOLICITOR
definition of, 2
appearance by, 34
appointment of, to be in writing, 37
appointment of, revoked, 37
service of process on, 38
to sign plaint, 42
summons to defendant to appear by, 55
lien of, for costs payable in respect of decree,
where there is a set-oft", 88 (ii)
consequence of refusal or inability to answer
material question in suit, 112
SPECIAL PROCEEDINGS, see Proceedings
SPECIFIC MOVABLES
execution of decree for, 260
SPECIFIC PERFORMANCE
decree for, how executed, 261
attachment under decree for, not to remain in
force more than one year, 2C1 (iii)
STAMP
rejection of plaint for insufficiency of, 45
STATE, see Government
STATEMENT
written, see Written Statement
concise, of claim in plaint, 49
STAT
of execution of decree
when Court may giant, 250
pending suit between decree-holder and
judgment-debtor, 253
under appeal, 551, 552
see Execution of Decree
of proceedings
where all defendants are not resident within
jurisdiction, 14
on death of next friend of minor, 438
in summary suit upon negotiable instruments,
477
pending reference to Judicial Commissioner,
587
of sale
to enable defendant to raise amount of decree,
304
in execution, pending appeal, 551
STRAITS, see Colony
SUBSTITUTED SERVICE
method of, 78
SUITS
pending, 5
to be instituted in lowest competent Court, S
588
INDEX TO CIVIL PROCEDURE CODE.
SUITS— (coH(.)
in Supreme Court, where may bo instituted, 11
in Lower Courts, where shall be instituted, 12
cranifer of, by Judicial Commissioner, 12 (ii)
for compensation for wroucs, 13
power to stay proceeilings in, where all
defendants do not reside witliiii jurisdiction,
14
remission of Court fees, where instituted in
another Court, 15
parlies to
who may be plaintiffs, 16
joinder of defendants, 18
judgment for or against one or more of joint-
parties, 19
joinder of parties liable on same contract, 21
one party may sue or defend on behalf of all in
same interest, 22
application to be made party to a suit, 22 (ii)
suit not to fail by reason of misjoinder or non-
joinder, 23
Court may substitute or add plaintiffs, 24 (i)
Court may dismiss or add parties, 24 (ii)
no person to be added as plaintilf or next friend
without his consent, 24 (iii)
conduct of suit, to whom given, 25
time for objections to misjoinder, 27
frame of suit
how to be framed, 28
to include whole claim, 29
reliefs omitted cannot afterwards be sued for,
29 (ii)
for recovery of land, only certain claims to be
joined with, 30
aggregate value in, where several causes of
action, 32 (iii)
iiuuilution of suits
to be commenced by plaint, 40, see Plaint
on lost negotiable instruments, 52
disposal of
dismissal of, on plaintiff failing to pay fees for
service, 95
dismissal of, where neither party appeare, 9G
suit may be restored or fresh suit brought, 97
dismissal of, when plaintiff fails within a year
to apply for fresh simimons, after summons
returned unserved, 98
dismissal of, when defendant only appears, 101
fresh suit barred, when decree against plaintiff
by default, 102
at first hearing, 151 et scq.
hearing of, 179 et seq.
general
when suit has abated or been dismissed on account
of death, marriage, or insolvency of parties,
no fresh suit to be brought, 360
withdrawal from suit by plaintiff, 362
limitation law not affected by withdrawal, 363
adjustment of suit, 364
dismissal of, on failure to find security for costs,
370
by paupers, see Paupers
by and against the Government, see Govern-
ment
by and against corporations, see Corporations
by and against firms, see Firms
by and against trustees, executors, and admin-
istrators, 426-428
by and against minors and persons of unsound
mind, see Minor
by and against miUtary men, see Military Men
interpleader suit, see Interpleader
on agreement of parties, 466-470
by summary procedure on negotiable instru-
ments, sec Negotiable Instruments
relating to public cliarities, 491
SUMMARY PROCEDURE
on negotiable instalments, see Negotiable
Instruments
SUMMONS
when and to whom it may be issued, 55
to be signed and sealed, 55
not to be issued when defendant appears and
admits claim, 55
to be accomnanicil by ropy of plaint or of concise
statement, 56
may be cither to settle issues or for final
disposal, 59
SUMMONS— (foni.)
in Lower Courts to bo for final disposal, 59
sufficient time for service of, 60
shall order defendant to produce documents
and witnesses, 61, 62
service of, see Service
when letter may be substituted for, in case of
persons of rank, 83
if unserved for a year, suit to be dismissed, 98
on witnesses, see Witnesses
originating, see Originating Summons
service of summons, issued in Colony or a Malay
State, 608
SUPREME COURT
portions of the Code not applicable to, 3
SURETY
decree against, mode of executing, 256
for defendant's appearance, liability of, 493
procedure on application for discharge, 494
TEMPORARY INJUNCTIONS, see Injunctions
TENANCY
termination of, on expiration of notice to quit,
519
TENANT
delivery of immovable property in occupation
of, after sale in execution, 317
interpleader suit by, 464
suits against, for distress, 523, see Distress
claim for rent against to be satisfied before
property attached in execution may be re-
moved, 537
evading distress by removal of goods, 541
selling goods liable to distress to bond fide pur-
chaser, 542
TIME
enlargement of, for doing any act, 611
TOWAGE
in suits relating to, assessors may be summoned,
604
TRANSFER, see Conveyance
of suits by Judicial Commissioner, 12 (ii)
of interest, pending the suit, 361
TRIALS
separate, when joinder may embarrass, 17
separate, where several causes of action, 32 (ii)
TRUSTEES
suits by and against, 426-428
originating summons relating to, 481, 485
U
UNSOUND MIND
request for sale in liou of partition, by pei-son of,
386 (iii)
persons of, provisions of sections 429-1 i;i, relating
to minors, to apply, 444, see Minor
VERIFICATION
of plaint, how and by whom made, 42
contents of, 43
to be signed by the person making it, 43
of written statements, 92
W
WARRANT
for arrest of absconding witness, 164 (iii)
for execution of decree, when to issue, 218
for arrest of judgment-debtor, 325
of arrest before judLrnieiit, 192
for arrest outside jurisdiction, C05
of distress, sec Distress
WIFE
decree for, may be executed by or against hus-
band, 358
WITHDRAWAL
of plaintiff from suit, 362
does not affect limitation, 363
WITNESSES
summons for final disposal to direct production
of, 62
may be examined by Court before framing issue,
147
summons to attend and give evidence or produce
documents, 155
INDEX TO CIVIL PROCEDURE CODE.
589
WITNESSES— (coH/.)
expenses of, to be paid into Court on applying
for summons, 156
remuneration for expert, 156 (ii)
tender of expenses to witnesses, 157
witness may be dlschar<?ed by Court, if sum
paid is insufficient, 158
procedure when witness detained longer than
one day, 158 (ii)
time, place, and pur]iose of attendance to bo
specified in summons, 159
summons to produce document, 160
any person present in Court may be required
to give evidence, 161
service of summons on, how effected, 1C2
time for serving summons, 163
procedure by proclamation, warrant, or attach-
ment of property, when witness fails to
comply with summons, 16-1
attachment of property only to be made by
Supreme Court, 164 (iii)
withdrawal of attachment, if witness appears,
165
Court may impose fine on witness failing to
appear, 160
mode of attachment of defaulting witness's
proi)erty, 167
strangers to suit may be summoned as witnesses,
168
duty of persons summoned to give evidence or
produce document, 169
when witnesses may depart, 170
procedure when \vitness ha^-ing attended departs
without lawful excuse, 171
bail or security for appearance of arrested witness,
172
witnesses residing at a distance not bound to
attend in person, 173
WITXESSES— (fo;«.)
consequence of refusal of party to give evidence
when called on by Court, 174
provisions as to witnesses to apply to parties
summoned, 175
on failure of party to produce witnesses, Court
may proceed to decide suit, 178
witnesses to be examined in open Court, 182
how evidence of witnesses shall be taken in
ai)pealable cases, 183
particular questions and answers and objections
to be recorded, 181, 185
remarks on demeanour of witnesses, 180
memorandum of witnesses' evidence in unap-
pealable cases, 187
witnesses may be examined immediately, when
about to leave the jurisdiction, 190
Court may recall and examine witnesses, 191
when evidence of witnesses may be taken on
affidavit, 193
Commissioners to examine witnesses, see
Commissions
provisions as to witnesses to apply to all persons
required to give evidence in any proceeding,
607
examination of witnesses, in certain cases,
before Registrar, 611
WRITTEN STATEilENTS
when and by whom tendered, 87
particulais of set-off to be priven in, 88
may not be received after first hearing, unless
required by Court, 89
procedure when party fails to present, 90
frame of, 91
to be signed and verified, 92
rejection of, because argumentative, prolix, or
irrelevant, 93
amendment of, 93
ENACTMENT NO. 18 OF 1918.
An Enactment to repeal and re-enact as a Federal Law
the Commissions of Enquiry Enactments, 1907.
Arthur Young,
President of the Federal Council.
[29th August, 1918.
4th September, 1918.]
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 Commissions of
" and shall come into force on the
Short title,
commencement, Enquiry Enactment, 1918,
publication thereof in the Gazette
Issue of
Commissions.
Power to ailfl
or siil)stitute
Commissioners.
Enlargement of
time.
(ii) Upon the coming into force of this Enactment the Enactments
specified in the first schedule shall be repealed.
(iii) All Commissions issued under any Enactment hereby
repealed which are m force at the commencement of this Enactment
shall be deemed to have been issued under this Enactment.
2. (i) Whenever it appears to the High Commissioner that
information is necessary concerning any matter relating to the
Public Service in any of its branches or affecting the good govern-
ment of the Federated Malay States or of any of them, the High
Commissioner may issue a Commission under his hand appointing
one or more persons to be Commissioners to enquire into and report
upon such matter.
(ii) When more than one Commissioner is appointed, one of
them shall be named as President of the Commission.
(iii) Commissions under this Enactment may be in the form
given in the second schedule, with such additions, variations, and
omissions as may in any particular case appear necessary.
3. The High Commissioner may from time to time add to the
persons named in any such Commission, and in case any person
appointed or added luider this Enactment shall die or resign or
desire to be discharged or refuse or become incapable to act the
High Commissioner may appohit a new Commissioner in his place,
and all the powers and duties by this Enactment conferred and
imposed on a Commissioner shall be exercised and performed by
the Commissioner so added or appointed.
4. The High Commissioner may from time to time by endorsement
under his hand on a Commission enlarge the time for the execution
of the Commission, whether the time for the execution thereof has
expired or not.
690
COMMISSIONS OF ENQUIRY.
591
5. (i) The Commissioner or Commissioners may by summons
under his hand or under the hand of their President require the
attendance before him or them, at a time and place to be mentioned
in such summons, of any person residing or being within the
Federated Malaj^ States whose evidence is in his or their judgment
material to the subject matter of the enquiry and may require him
to bring and produce before him or them all such books, papers,
and documents as he or they think necessary for the purposes of
the enquiry.
(ii) Every person so named shall accordingly attend before the
Commissioner or Commissioners and shall produce such books,
papers, and documents as are required of him and are in his possession
or power according to the tenor of the summons.
Attendance of
witnesses.
Remuneration
to witnesses
residinsj in
another State.
6. (i) Whenever any person summoned to attend before such
Commissioner or Commissioners in any State is residing or found
in another State, he shall not be bound to attend before the Com-
missioner or Commissioners until a reasonable sum has been tendered
to him for his expenses and probable loss or injury, if any.
(ii) In case of difference as to the amount so tendered, the
difference may be settled by the Supreme Court on summons against
the person to shew cause why he should not appear as requii'ed ;
and in making an order in the matter the Court shall direct what
sum should be allowed, having due regard to the circumstances of
the person and the probable loss or injury, if any, which he may
sustain by leaving his State.
7. The Commissioner or Commissioners may administer an oath Examination of
to every person examined before him or them touching the matters witnesses.
to be enquired mto under this Enactment ; but it shall not be
necessary for him or them to take evidence upon oath unless he or
they thmk fit so to do or unless expressly directed by the Commission
so to do ; and all persons examined before him or them, whether
on oath or not, shall be legally bound to state the truth.
8. If any person upon whom any summons under this Enactment Powers in
is served by the delivery thereof to him or by the leaving thereof at ^^^^^^
his usual place of abode faUini
{a)
or
refusing to
fails without reasonable cause (to be allowed by the Com- attend, be
missioner or Commissioners) to appear before him or them ®^°'^°'
at the time and place mentioned in the summons, or
{J)) refuses to be sworn or does not answer such questions as
are put to him touching the matters directed to be enquired
into by the Commissioner or Commissioners, or
(r) refuses or fails without reasonable cause (to be allowed by
the Commissioner or Commissioners) to produce and
shew to the Commissioner or Commissioners any such
paper, book, or document bemg in his possession or power
as to the Commissioner or Commissioners appears neces-
sary for arriving at the truth of the matters to be enquired
into by them,
the Commissioner or Commissioners shall have the same powers in
all respects touching any such person as the Supreme Court may by
592
No. 18 OF 1918.
Indemnity to
witnesses.
Commissioners
to be public
servant, and
enquiries to be
judicial pro-
ceedings under
the Penal Code.
Bervice of
process.
law exercise against any person for making default of appearance
or for refusing to be sworn or to give evidence or for not producing
papers, books, or documents in any suit pending in such Court.
Provided that the Commissioner or Commissioners shall not exercise
any of the jiowers in this section granted against persons refusing
to be sworn or refusing to answer or refusing or failing to produce
papers, books, or documents without first rejiorting to the High
Commissioner the case which renders in his or their opinion the
exercise of such power necessary and obtaining the sanction of the
High Commissioner.
9. (i) Any person examined as a witness in an enquiry under
this Enactment who in the opinion of the Commissioner or Com-
missioners makes a full and true disclosure touching all the matters
in respect of which he is examined shall receive a certificate under
the hand of the President stating that the witness has upon his
examination made a full and true disclosure as aforesaid.
(ii) If any civil or criminal proceeding is at any time thereafter
instituted against such witness in respect of any matter touching
which he has been so examined, the tribunal before which such
proceeding is instituted shall on the production and proof of the
certificate stay the proceeding and may in its discretion award to
such witness any costs which he may have incurred by the institution
of the proceeding.
(iii) No evidence taken under this Enactment shall be admissible
against any person in any civil or criminal proceeding whatever,
except in the case of a witness who may be accused of having given
false evidence before Commissioners conducting an enquiry under
this Enactment.
10. Every Commissioner appointed under this Enactment shall,
so long as he is acting as such Commissioner, be deemed to be a
public servant within the meaning of the Penal Code, and every
enquiry mider this Enactment shall be deemed to be a judicial
proceeding within the meaning of the same Code.
11. Every process issued by a Commissioner or Commissioners
under this Enactment shall be served in the same manner as if
such process had been issued by a Court in the Federated Malay
States.
First Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Perak
Selangor
Negri Sembilan
Pahang
13 of 1907
16 of 1907
16 of 1907
13 of 1907
The "Commissions of Enquiry
Enactment, 1907
Do.
Do.
Do.
COMMISSIONS OF ENQUIRY. 593
Second Schedule.
FORM OF COMMISSION.
To {Names of Commissioners.)
Whereas it is expedient that a full enquiry should forthwith
be made into \Jiere state subject or subjects of enquiry and ichether
as relating to the Public Service in any of its branches or as affecting
the good government of the Federated Malay States or both].
Now, therefore, I do by these presents authorize and appoint you
to make a full enquiry into [here state subject or subjects] : And I do
by these presents give to you full power to call before you any
such persons, being within the Federated Malay States, as you shall
judge necessary for the purpose of making the aforesaid enquiry,
and to call for and have access to, and require the production before
you of, all official and other books, documents, papers, and records,
as you may deem expedient, and to examine mtnesses on oath or
otherwise : And I direct that witliin months after the date
of this Commission you do certify to me, under your hands, your
several proceedings and your opinion and recommendations on the
premises : This Commission shall continue in full force, although
the proceedings thereunder shall not be continued by adjournment
froin time to time, and you may from time to time if you shall see
fit, without waiting for your full and complete report, certify your
several proceedings as the same shall be respectively perfected :
And I hereby require all Government Officers and other persons
whomsoever within the Federated Malay States to be assistant
to you, and each of you, in the execution of these presents : And I
appoint you to be President of the Commission, and I do
give power, at your discretion, to procure such clerical or other
assistance as may be absolutely necessary for enabling you duly
to execute this Commission.
Given under my hand and seal at this day of
191...
High Commissioner.
in— 38
Preamble.
Short title and
commence-
ment.
Substituted
partioulars
of certain
subsidiary
coins.
ENACTMENT NO. 23 OF 1918.
An Enactment to make further provision with regard to
Subsidiary Coins wliich are legal tender.
Aethur Young,
President of the Federal Council.
[29th August, 1918.
9th September, 1918.]
Whereas by " The Legal Tender Enactment, 1913," it is provided
that a tender of payment of money in the Federated Malay
States, if made in any coin specified in the third schedule to
the said Enactment, shall, subject to the provisions of the said
Enactment, be a legal tender :
And whereas the coins specified in the said third schedule are
subsidiary coins, the particulars whereof are therein prescribed :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows :
1. This Enactment may be cited as " The Legal Tender
(Supplementary) Enactment, 1918," and shall come into force on the
publication thereof in the Gazette,
2. The particulars of the coins set forth in the schedule hereto
shall, as respects such coins issued after the 27th day of April, 1918,
be substituted for the corresponding particulars contained in the
third schedule to " The Legal Tender Enactment, 1913."
594
LEGAL TENDER.
595
09
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13
1
ENACTMENT NO. 28 OF 1918.
An Enactment to authorize the receipt from the piilihc
of Moneys on Deposit and the issue of War Savings
Certificates.
Arthur Young,
President of the Federal Council.
[29th August, 1918.
28th March, 1919.]
Short title and
commence-
ment.
Sums of fifteen
dollars may be
deposited
with the
Government.
Depositor
receives War
Savings Certifi-
cate for twenty
dollars.
Payment of
amounts due
under War
Savings Certifi-
cates.
Whereas it is desirable that a further opportunity be afforded for
the local investment of moneys mth the Government, in order that
such moneys may be available for the purposes of the war in which
the British Empire is now engaged :
It is hereby enacted by the Rulers of the Federated Malay State?
in Council as follows : —
1. This Enactment may be cited as " The War Savings Certificates
Enactment, 1918," and shall come into force on the publication
thereof in the Gazette.
2. The Chief Secretary to Government may cause to be received
at such post offices or other public offices and at such other places,
whether wdthm or without the Federated Malay States, as he
apj)oints, deposits of money to such amount as he may think fit in
sums of fifteen dollars each, repayable by the Government of the
Federated Malay States with interest at the expiration of five years
from the date of deposit, as hereinafter provided.
3. (i) For every sum of fifteen dollars deposited under Section 2
there shall be issued at the time of deposit to the depositor a certifi-
cate, to be termed a War Savings Certificate, containing a promise on
the part of the Government of the Federated Malay States to pay
to the bearer of such Certificate on demand, at any time after the
expiration of five years from the date of the issue of the Certificate,
tiic sum of twenty dollars.
(ii) The War Savings Certificates shall be in such form as the
Chief Secretary to Government may approve and shall be authenti-
cated either by the signature of the Chief Secretary to Government
or by a fascimile of such signature or in such manner as may be
approved by the High Commissioner.
4. The amount secured by every War Savings Certificate issued
under this Enactment shall, after the expiration of five years from
the date of the issue thereof, be payable to the bearer thereof on
demand, and presentation of the Certificate, at the Post Office at
Kuala Lumpur, Ipoh, or Seremban, or at any other place which the
Chief Secretary to Government may by notification in the Gazette
appoint.
596
WAR SAVINGS CERTIFICATES.
597
5. Every War Savings Certificate issued under this Enactment Transfer by
and the right to receive the sum thereby promised to be jiaid shall be '^^i'^^''^'-
transferable by delivery.
6. (i) All sums deposited in pursuance of this Enactment shall be investment in
invested in securities issued under the provisions of any Act passed ^^f;^"''' ^^*''
socuritie,s.
by the Imperial Parliament to make provision for raising money
for the present War and for purposes incidental thereto.
(ii) There shall also be invested in such securities as aforesaid
such further amounts from the general revenues of the Federated
Malay States that the amount realizable from the investments made
under this section shall equal, as nearly as may be, the amount
payable in respect of War Savings Certificates issued under this
Enactment.
7. If and in so far as the proceeds of investments made in pursu- Provision tor
ance of Section 6 may be insufficient to pay any sums due m respect {;f^^^ar"savto«
of War Savings Certificates, the Chief Secretary to Government certificates. "
shall from time to time appropriate out of the general revenues and
assets of the Federated Malay States a sum equal to such deficiency
and the amounts due in respect of War Savings Certificates shall be
paid from the said proceeds and from any sums so appropriated.
8. Upon the payment of the amount due in respect of any War Deiiverv up of
Savmgs Certificate the Certificate shall be delivered up to the officer ^^^^^f^f^^^''
making the payment.
9. The War Savings Certificates issued under this Enactment and Exemption
the amounts secured thereby shall be exempt from all duties and all f^^^'^gf''*'''^ ^"^
taxes now levied or leviable or which may hereafter be levied or
leviable in the Federated Malay States.
10. The Chief Secretary to Government may from time to time issue of certi-
suspend the issue of War Savings Certificates and at pleasure resume ceasfamrbe
the issue thereof. resumed.
11. No War Savings Certificates shall be issued or transferred to, certificate not
and no right under or in respect of any War Savings Certificate shall g^gj^/gg)'^ ''^
be acquirable by, any person whose sovereign or State is at war with
His Britannic Majesty.
12. The Chief Secretary to Government may by notification in Euies.
the Gazette make rules to carry out generally the purposes of this
Enactment.
ENACTMENT NO. 32 OF 1918.
All Enactment for the Incorporation of the Visitor in the
Federated Malay States of the Christian Brothers'
Schools.
Arthur Young..
President of the Federal Council.
[29th August, 1918.
nth October, 1918.]
Short title and
commence-
ment.
The Visitor in
the Federated
Malay States of
the Christian
Brothers'
Schools to be a
body corporate.
Whereas the Society of the Christian Brothers known in French
as the Institut des Freres des Ecoles Chretiennes is engaged in
promoting English Education and Charity in the Malay Peninsula
and Archipelago and for that purpose has established institutions
which are carried on under the style of " The Christian Brothers'
Schools " :
And whereas the said Society of Christian Brothers is possessed
of certain lands in the Federated Malay States which are registered
in the name of the several persons and corporations whose names
appear in the schedule hereto :
And vthereas the lands of the said Society of Christian Brothers
are managed by a person called the Brother Visitor having authority
to visit and inspect the Christian Brothers' Schools in the Federated
Malay States, the present holder of the said office being the Reverend
James Joseph Byrne (generally known as Brother James) :
And whereas it is considered expedient for the better carrying
on the financial business of the said Society that the said James
Joseph Byrne as such Visitor and his successors in that office should
be incorporated :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Christian Brothers'
Schools Visitor Incorporation Enactment, 1918," and shall come
into force on the publication thereof in the Gazette.
2. The said James Joseph BjTne and his successors for the time
being in the office of Visitor in the Federated Malay States of the
Christian Brothers' Schools, duly qualified as hereinafter provided,
shall be a body corporate and shall by the name of " The Visitor
in the Federated Malay States of the Christian Brothers' Schools "
have perpetual succession, and shall and maj' 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 enter into
contracts and to cancel, vary, alter, and rescind the same, to acquire,
698
CHRISTIAN brothers' SCHOOLS VISITOR INCORPORATION. 599
purchase, take, hold, and enjoy movable and immovable property
of every description, and to sell, transfer, assign, surrender and
yield up, charge, demise, re-assign, or other%\dse dispose of and deal
with any movable or immovable property vested in the said
corporation 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. As soon as conveniently may be after the passing of this vesting of
Enactment the persons specified in the schedule hereto shall execute property.
all such instruments of transfer and other instruments and do all
such things as may be necessary for transferring to the Visitor in
the Federated Malay States of The Christian Brothers' Schools
hereby constituted and incorporated the lands specified in the
schedule hereto and the Registrars of the Registration Districts
in which the said lands are respectively situated shall each in
respect of the lands situate in his District on payment of the proper
fees register such transfer or instruments in the manner prescribed
by law in that behalf and make such entries in the registers in their
custody as will effectually vest the said lands in the said Visitor
in the Federated Malay States of the Christian Brothers' Schools
and thereafter the Visitor in the Federated Malay States of the
Christian Brothers' Schools for the purpose of any registered dealing
with any of the said lands shall subject to the provisions of this
Enactment and of any Enactment for the time being in force
providing for the registration of title to land be deemed to be the
absolute o\\Tier or proprietor thereof.
4. All deeds, documents, and other instruments requiring the seal use of the
of the said corporation shall be sealed Avith the seal of the said corporate seal.
corporation in the presence of the said James Joseph Byrne 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 Visitor in the Federated Malay States
of the Christian Brothers' Schools or his attorney duly authorized
as aforesaid and shall also be signed by the said James Joseph
B;yTne 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 duly and properly 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 James successive
Joseph B}Tne in the office of Visitor m the Federated Malay States office of vislror.
of the Christian Brothers' Schools unless and until such person shall
have caused the power of attorney, obedience, or other instrument
under the hand and seal of the Superior General of the Society of
Christian Brothers laio\^Ti in French as the Institut des Freres des
Ecoles Chretiennes, constituting him such Visitor, 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 be sufficient evidence of the appomtment and that the person
named therein is a successor of the said James Joseph B\'rne in the
office of Visitor of the said Christian Brothers' Schools in the
Federated Malay States.
600
No. 32 OF 1918.
Schedule.
Natiire of Title.
Plan No.
Acreage.
Registered Name.
STATE
Kinta Certificate of 13,820
Title No. 752
Kinta Certificate of
Title No. 546 12,798
Kinta Certificate of
Title No. 544 12,799
Kinta Certificate of
Title No. 521 12,621
Larut Grant for 95-6-11
Land No. 2,025
Larut Certificate of lot
Title No. 733 695
Larut Certificate of
Title No. 734 696
Larut Certificate of
Title No. 735 697
Larut Certificate of
Title No. 736 698
Larut Certificate of
Title No. 737 699
Larut Certificate of
Title No. 738 700
Larut Certificate of
Title No. 739 701
Larut Certificate of
Title No. 740 702
Larut Certificate of
Title No. 816 319
Larut Certificate of
Title No. 817 I 320
Larut Certificate of
Title No. 818 321
Larut Certificate of
Title No. 819 .322
Larut Certificate of j
Title No. 820 324
Larut Certificate of '
Title No. 821 325
Larut Certificate of
Title No. 822 I 326
Larut Certificate of '
Title No. 823 327
A. R. P.
OF PERAK.
5 2 38 ' The Director in PenauE? of
St. Xavier's Institution
and successors in office
2 2 20
1 30
Do.
Do.
01 Do.
2 34 Brother James Director in
I Penang of St. Xavier's
Institution or his succes-
sors in office
sQ. FT. The Director in Penang of
1,800 St. Xavier's Institution
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1,800
1.800
1,800
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
CHRISTIAN brothers' SCHOOLS VISITOR INCORPORATION. 601
Nature of Title. ; Plan No. Acreage.
Registered Name.
A. R. r.
STATE OF SELANGOR.
Grant for Land No. I 5,822 I 26-5 ! The Director in Penang of
4,373 i St. Xavier's Institution
and his successors in
Land Grant No.
1,831
472
1 22
office
Do.
Grant for Land No
2,411
Grant for Land No.
7,491
Grant for Land No.
1,362
STATE OF NEGRI SEMBILAN
581
3,655
82-4-14
9 15 The Director in Penang of
St. Xavier's Institution
and his successors in
office
1 24-8 The Director of St. Joseph's
Institution, Singapore
SQ. FT.
2,000
Do.
ENACTMENT NO. 34 OF 1918.
Short title,
commence-
ment, repeal,
and savings.
Interpretation.
An Enactment to repeal and re-enact witli amendments
" The Forest Enactment, 1914/' being the law relating
to Forests and Forest Produce.
Arthur Young,
President of the Federal Council.
[26th December, 1918.
9th January, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : — ■
PART I.
PRELIMINARY.
1. (i) This Enactment may be cited as " The Forest Enactment,
1918," and shall come into force on the publication thereof in the
Gazette.
(ii) Upon the coming into force of this Enactment the Enact-
ments specified in the schedule shall be repealed.
(iii) All appointments made, powers and authorities conferred,
and rules which may be in force as law under any provisions of the
Enactments hereby repealed, and all licenses and permits issued
under any Enactment hereby repealed which were in force immedi-
ately prior to the commencement of this Enactment shall, so far
as they are not inconsistent with the provisions of this Enactment,
be deemed to have been made, conferred, and issued under this
Enactment.
2. In this Enactment, unless there is something repugnant in
the subject or context,
" Alienated land " means land in any State sold, leased, or
otherwise disposed of on behalf of tlie Ruler of such State in
consideration of the payment of rent and of such premium, if any,
as may be required ;
" Cattle " includes also elephants, buffaloes, horses, ponies,
mules, asses, pigs, sheep, and goats ;
" Classification mark " means a mark placed on timber to denote
its origin or the agency by which it has been handled ;
"Collector" means any Collector duly appointed under "The
Land Enactment, 1911 " ;
" Deputy Conservator " includes any forest officer directly
responsible to the Conservator or to the Resident for the adminis-
tration of the forests of the whole or any i)art of a State ;
602
FOREST. 603
" District Officer " includes, with reference to any State, any
person whom the Resident of such State may by notification in the
Gazette appomt to perform any of the duties assigned to a District
Officer by this Enactment, and, in the case of districts in which
there is no District Officer, the Collector ;
" Forest offence " means an offence punishable under this
Enactment ;
" Forest officer " means any person appomted under this Enact-
ment to be a Conservator, Deputy Conservator, Extra Deputy
Conservator, Assistant Conservator, Extra Assistant Conservator,
Forest Ranger, Forester or Forest Guard, or to discharge any
function of a forest officer under this Enactment ;
" Forest produce " mcludes
(a) the following when found in or brought from a reserved
forest — that is to say,
guano, peat, rock, sea-sand, sea-shells, shell-sand, and
surface soil ;
{h) the following when found in or brought from a reserved
forest or State land — that is to say,
(1) trees and all parts or produce not heremafter
mentioned of trees ;
(2) plants including climbers, creepers, and grasses, and
all parts or produce of such plants ;
(3) tusks, horns, silk cocoons, honey and wax, and
edible birds' nests ; and
(c) the following whether found m or brought from a reserved
forest, State land, or alienated land — that is to say,
timber, firewood, charcoal, getah, get ah taban leaves,
wood-oil, bark, extracts of bark, damar, and atap ;
" Judicial enquiry " means an enquiry which is legally held in
the presence of an accused person and in which the evidence is
recorded in the manner prescribed by the Criminal Procedure-
Code in force for the time being ;
" Magistrate " means a Magistrate of the first or second class ;
"Property mark" means a mark placed on timber to denote
that, after all purchase money or royalties due to the Government
have been paid, the person in whose name such mark is registered
has or will have a right of property in the timber ;
"Reserved forest" means, and includes every part of a forest
declared to be a reserved forest under the provisions of Section 12
or declared to be a reserved forest or constituted a forest reserve
under the provisions of any Enactment in force in the Federated
Malay States or any State of the Federated Malay States prior to
the commencement of this Enactment, which shall not at the
time being have ceased to be a reserved forest under Section 25 of
this Enactment or under the provisions of any other Enactment ;
" River " includes also streams, canals, creeks and other channels,
natural or artificial ;
604
No. 34 OF 1918.
Tower to
constitute
reserved
forests.
Notification
of proposal to
constitute a
reserved forest.
Proclamation
by District
Otticcr.
" 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 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 which the same have been lawfully
occupied or which have been or may hereafter be surrendered to
the State wherein they are situate by the lawful owner thereof ;
" The State " means with reference to any land or any right or
interest therein or any matter whatsoever incidental thereto the
State in which such land is situate and " the Resident" means the
Resident of that State ;
" Timber " includes trees, when they have fallen or been cut down,
and all wood (including severed or fallen roots or stems or branches
of palms or of bamboos or of canes) whether cut up or fashioned or
hollowed out for any purpose or not ;
" Tree " includes palms, bamboos, stumps, brushwood, and canes.
PART II.
RESERVED FORESTS.
3. The Resident may constitute any land a reserved forest in
manner hereinafter provided.
4. Whenever it is proposed to constitute any land a reserved
forest, the Resident shall publish in the Gazette a notification —
(a) specifying as nearly as possible the situation and limits of
such land, and
(6) declaring that it is proposed to constitute such land a
reserved forest.
5. When a notification has been published under Section 4, the
District Officer shall publish in convenient places in the vicinity of
the said land, and elsewhere as he may deem expedient, a proclama-
tion in the English and Malay languages, and in such other languages
as the Resident may in any particular case direct,
(a) specifying as nearly as possible the situation and limits of
the forest proposed for reservation ;
(b) setting forth the provisions in substance of the next following
section ;
(c) explaining the consequences which, as hereinafter provided,
will ensue on the reservation of such forest ; and
{d) fixing a period of not less than three months from the date
of the publication of such proclamation, and requiring
every person who has any objection to the reservation
of such forest, or who claims to exercise any riglit or
j)rivilege in or over any part of the said forest, eith(H' to
present to such officer within such period as aforesaid a
written notice specifying, or to a})pear before him within
such period and state, the nature of such objection, right,
or privilege.
FOREST.
605
6. Duimg the interval between the publication of such proclama-
tion and the date fixed by the notification declarmg the forest to be
reserved as heremafter provided no new right shall be acquired in
or over any State land mentioned m such proclamation, and on such
land no new house shall be built or plantation formed and no fresh
clearings for cultivation or for any other purpose shall be made ;
provided that nothing in this section shall be deemed to prohibit any
act done with the permission in writing of the District Officer or in
conformity with the terms of a license or permit issued bj^ a forest
officer m whom the power to issue such license or permit was vested
before the proclamation was published.
7. (i) The District Officer shall
(a) take down in writhig all statements made in response to his
requirement under Section 5 (d) ;
(/>) enquire into all objections raised and claims made in response
to his said requirement and into the existence in or over
the forest of any right or privilege which is or has been
exercised but in respect of which no claim is made ;
(c) consider and record any opinion which the Deputy
Conservator may express as to any objections that may
have been raised to the proposed reservation or as to the
rights to be admitted or privileges to be conceded in or
over the forest proposed to be reserved,
(ii) For the purposes of any enquiry under this section the District
Officer may exercise —
(a) the powers of a settlement officer under " The Land
Enactment, 1911," and
(b) the powers conferred on a Civil Court by the Civil Procedure
Code in force for the time being for compelling the attend-
ance of witnesses and the production of documents.
8. The District Officer shall then with all convenient speed
forward to the Resident a statement of particulars of all ol^jections,
rights, privileges, and opinions recorded by him under Section 7 ; and
the Resident, after reference to the Conservator and after such
further enquiry as he may tlimk necessary, shall make an order
admitting or rejecting such objections and rights and conceding,
modifying, or disalloAving the exercise of such privileges, either
wholly or in part, as shall seem to him right.
9. Every order made under Section 8 or Section 14 admitting
a right or conceding a privilege in respect of forest produce within a
forest proposed for reservation or reserved shall prescribe, as far
as possible, the quantity and nature of forest produce which may be
taken or received in exercise of such right or privilege, and the
exercise of such right or privilege shall be subject to the control of
the Conservator and to such orders as he may make with the
approval of the Resident to regulate the local limits within which
and the mode in which such forest produce may be taken or received
within the reserved forest.
Bar of accrual
of forest rights,
aud of uow
builJiiiijs and
cultivation,
after
proclamation.
Enquiry by
District Officer.
Order by
Resident.
Regulation of
riglits admitted
and privileges
conceded.
606
No. 34 OF 1918.
Acquisition of
alienated lands
for inclusion in
reserved forest.
Abandonment
of proposal
to reserve.
Notification
declaring
reserved forest.
Publication of
notification
prior to opera-
tion thereof.
Extinction of
ri£;hts not
claimed.
10. If the Resident shall consider it expedient to include in a
reserved forest any land leased or granted to, or otherwise lawfully
occupied by, any person, he may on behalf of the Ruler of the State
cause such land to be acquired as for a public purpose in accordance
with the provisions of Part VII of " The Land Enactment, 1911,"
and thereafter include such land within the limits of such reserved
forest.
11. (i) The Resident may, at any time before the publication of a
notification under Section 12, withdraw from a proposal to constitute
any land a reserved forest.
(ii) When such withdrawal is determined on, a proclamation shall
be published by the District Officer, in the same places and in the
same maimer in which the proclamation under Section 5 was pub-
lished, announcing that the proposed reservation has been
abandoned,
(iii) On the publication of such proclamation the provisions of
Section 6 shall cease to apply to such land.
12. (i) When the following events have occurred — namely,
(a) the period fixed under Section 5 (d) has elapsed and all
objections and claims, if any, made mthin such period
have been disj)osed of by the Resident, and
(&) All lands, if any, to be included in the forest proposed for
reservation which the Resident has, under Section 10,
elected to acquu'e under Part VII of " The Land Enact-
ment, 1911," have under that Enactment vested in the
Ruler of the State,
the Resident may, with the approval of the Chief Secretary to
Government, publish in the Gazette a notification specifying the
limits of the forest which it is intended to reserve, declaring the same
to be reserved from a date fixed by such notification, mentioning the
rights admitted and privileges conceded in respect of the said forest
and stating the special conditions, if any, governing the reservation
thereof.
(ii) From the date so fixed such forest shall be a reserved forest
and shall, together with all the produce thereof and things found
therein, be deemed to be the property of the Government, to be
raamtained and controlled by the Conservator, subject only to the
rights, privileges, and conditions naentioned in such notification.
13. The District Officer of the district in which such forest is
situate shall, before the date fixed by the notification under Section
12, cause the said notification to be published in the manner
prescribed for the proclamation under Section 5.
14. When the notification prescribed by Section 12 has been
])ublished, rights in respect of which no claim has been made in
response to the refpiireincnt of the District Officer under Section 5 (d),
and of the existence of wliich no knowledge has been acquired by
enquiry under Section 7, shall be extinguislicd from the date therein
fixed ; provided that any such rights may, with the approval of the
Chief Secretary to Government, be enquired into and dealt with in
FOREST.
607
the manner provided by Sections 7,8, and 9 at any time within three
years from the date fixed by the said notification, and any order
made thereon shall be published in the manner prescribed for the
proclamation under Section 5.
15. The Resident may, within five years from the date fixed by Further
the notification under Section 12, direct that a further enquiry be DXrkit wncer.
held by the District Officer and, with the approval of the Chief
Secretary to Government, may, by notification in the Gazelle, rescind
or modify any orders made under Section 8 or Section 14.
16. The Resident, after such enquiry as he may deem necessary commutation
and with the approval of the Chief Secretary to Government, may at of Hght™'"^'''^
any time either wholly or in part
(a) commute a right admitted under Section 8 or Section 14
either for a money payment, or for a similar right exercise-
able elsewhere, or otherwise as he may deem just ;
{h) by notification in the Gazelle annul any such right, either
permanently or for a stated period, where the right-holders
shall have failed to submit to the control provided for in
Section 9 or to abide by any order made under that Section ;
(c) by notification in the Gazette annul permanently any such
right of any person or body of persons who or which shall
have failed for a continuous period exceeding five years
to exercise the same.
17. The Resident, after such enquiry as he may deem necessary Eescission and
and with the approval of the Chief Secretary to Government, may at ^iviieges'and
any time, by notification in the Gazette, rescind or modify any conditions.
X^rivilege conceded under Section 8 or any condition governing the
reservation of a forest.
18. No
shall be entitled to compensation in respect of claims to
person __ ._ ^- ^
anything done under the provisions of either of the two last preceding barred?^* "''*
sections.
19. No right of any description shall be acquired in or over a Acquisition of
reserved forest except by succession or under a grant or contract in reserved forest
writing made by the Resident, with the sanction of the Chief
Secretary to Government, or by some person in whom such right,
or the power to create such right, was vested when the notification
under Section 12 was published.
20. Notwithstanding anything herein contained, no right admitted
or privilege conceded under Section 8 or Section 14 shall be trans-
ferred by way of grant, sale, lease, mortgage, or otherwise, except
with the authority of the Resident.
Prohibition of
transfer of
riglits and
privileges.
21. Any forest officer may from time to time, with the ^irevious Power to stop
''--—- "^ - ^ way or water-
course in
reserved forest.
sanction of the Resident, stop any public or private way or water-
course m a reserved forest ; provided that for the way or water-
course so stopped another way or water-course which, in the opinion
of the Resident, is equally convenient already exists or has been
provided or constructed by the forest officer stopping the way or
water-course.
608
No. 34 OF 1918.
Acts probibitCLl
in a reserved
forest.
Prohibition as
to fire.
Acts excepted
from Sections
19, 22, 23, 3S,
and 3'.».
Power to
declare forest
no longer
reserved.
22. Subject to the provisions of Section 24, no person shall in a
reserved forest
(a) trespass, or pasture cattle, or permit cattle to trespass ; or
(6) fell, cut, ring, mark, lop, or tap any tree, or injure by fire or
otherwise any tree or timber ; or
(c) cause any damage by negligence in felling any tree or cutting
or dragging any timber ; or
(d) quarry stone, burn lime or charcoal, or search for, collect,
subject to any manufacturing process, or remove any
forest produce or minerals ; or
(e) clear or break up any land for cultivation or any other
purpose.
23. Subject to the provisions of Section 24, no person shall kindle,
keep, or carry any fire, or leave any fire burning, whether within or
without a reserved forest, in such a manner as to endanger such a
forest.
24. Nothing in Section 19, 22, 23, 38, or 39 shall be deemed to
prohibit or render punishable —
(a) the exercise, in accordance with the orders, if any, made
under Section 9, of any right admitted under Section 8 or
Section 14 to take forest produce in a reserved forest ; or
(b) the exercise of any right created by grant or contract in the
manner described in Section 19 ; or
(c) any act done with the permission in writmg of a forest officer
expressly empowered under this Enactment to grant such
permission.
25. (i) The Resident, with the approval of the Chief Secretary to
Government, may, by notification in the Gazette, direct that from
a date to be fixed by such notification any reserved forest, or any
portion thereof, shall cease to be reserved.
(ii) From the date so fixed such forest or portion thereof shall
cease to be reserved, but the rights, if any, which have been
extinguished therein shall not revive in consequence of such cessation.
Power to make
rules for
protection of
forest produce.
PART HI.
GENERAL PROTECTION OF FORESTS AND FOREST
PRODUCE.
26. Subject to any existing legal or customary rights, the Resident
of a State may, with the approval of the Chief Secretary to Govern-
ment, by rules operative within such State,
(a) regulate or prohibit the kindling of fires on State land and
prescribe the precautions to be taken to prevent the
spreading of fires ;
(b) regulate, by licensing or otherwise, or prohibit the felling,
cutting, ringing, marking, lopping, tapping, or injuring
by fire or otherwise of any trees or timber, the sawing,
conversion, and removal of timber, and the collection
FOREST. 609
and removal of other forest produce ; provided that
in the case of land which now is or hereafter may be
ahenatcd no such license shall be issued except to the
owner of such land or with his consent ;
(c) regulate or prohibit the manufacture of extracts of bark
and the burning of charcoal ;
(d) regulate the sale, purchase, storage, or free grant of forest
produce ;
(e) prohibit any dealmgs in specified lands of forest produce
and make it an offence to be found in possession thereof ;
(/) prescribe the fees, royalties, or other payments for forest
produce, and the manner in which such fees, royalties, or
other payments are to be levied, whether in transit or
partly in transit or otherwise ; and
(g) prescribe the penalties with which the contravention of any
rule made under this section shall be punishable, but so
that such penalties shall not exceed those prescribed by
Section 40 ;
and may exempt any person or class of persons or any local area from
the operation of any rule made under this section.
27. (i) Subject to the proviso to paragraph (6) of this section, Acts done by
nothing in any rule under this Part shall be deemed to prohibit right or by
(a) any act done in the exercise of any right or with the per- subjects^f the
mission in writing of a forest officer expressly empowered R'^ie'^-
under this Enactment to grant such permission ;
(6) the cutting and removal from State land or, with the
written permission of the owner, from alienated land by
any Malay subject of any of the Rulers of the Federated
Malay States of any timber, atap, or other forest
produce, which may be necessary for the construction or
repair of a dwelling-house for the permanent abode of
himself and his family, for the construction of temporary
huts on and the fencing of his own land, for the upkeep
of his fishing stakes and landing places, for firewood to
be consumed by himself for domestic purposes, or for the
construction or upkeefi of any work for the common
benefit of the Malay inhabitants of his mukim born in
the Federated Malay States. Provided that the Resident
may, with the approval of the Chief Secretary to
Government, by rule prohibit such cutting or removal in
respect of any specified form of forest produce or of all
or any forest produce in any specified locality.
(ii) For the purposes of this section
(a) "Malay" means a person belonging to any Malayan race
who habitually speaks the Malay language or any
Malayan language and professes the Moslem religion ;
{h) every Malay born within a State which is one of the
Federated Malay States shall be deemed to be a subject
of the Ruler of such State.
Ill— 39
610 No. 34 OF 1918.
PART IV.
CONTROL OF FOREST PRODUCE IN TRANSIT.
Power to make 28. (i) The Resident of a State may, with the approval of the
triSitV^orett^ Chief Secretary to Government, make rules to regulate the transit
produce. within such State, by land or water, of any forest produce, and the
floating of timber in the rivers of such State, and may direct that
any rule made under this section shall not apply to any specified
class of forest produce or to any specified local area.
(ii) In particular and without prejudice to the generality of the
foregoing power such rules may —
(a) prescribe the routes by which alone forest produce may
be imported into, exported from, or moved within such
State ;
(&) prohibit the import, export, collection, or moving of forest
produce without a pass from an officer authorized to
issue the same, or otherwise than in accordance with
the conditions of such pass ;
(c) provide for the issue, production, and return of such passes ;
{d) fix the fees payable for such passes ;
(c) in the case of timber formed into a raft or fastened to the
shore, prohibit the loosening or the setting adrift of such
timber by any person not the owner thereof or not acting
on behalf of such owner or of the Government ;
(/) provide for the stoppage, reporting, examination, and
marking of forest produce in transit ;
{g) establish checking stations to which forest produce is to be
taken by the persons in charge of it for examination or
for the realization of money due to the Government in
respect thereof or in order that a mark may be affixed
thereto for the purposes of this Enactment, and prescribe
the conditions under which forest produce is to be brought
to, detained at, and removed from, such checking stations ;
(A) provide for the management and control of such checking
stations ;
{i) prohibit, absolutely or subject to conditions, within specified
limits, the establishment of sawmills or sawpits, the
converting, cutting, burning, concealing, or marking of
. timber, the altering or effacing of any property marks
or classification marks on the same, and the possession
of marking hammers or other implements used for marking
timber ;
{j) regulate the use of marks for timber and the registration
of such marks, authorize the refusal or cancellation of the
registration of such marks, prescribe the time for which
the registration of such marks is to hold good, limit the
number of such marks which may be registered by any
one person, and prescribe fees for registration ;
FOREST.
611
{k) provide for the issue of licenses to be m possession of
marking hammers and for the payment of fees for such
licenses ; and
{!) prescribe the penalties with which the contravention of any
rule made under this section shall be punishable, but so
that such penalties shall not exceed those prescribed by
Section 40.
29. (i) Timber found adrift, beached, stranded, or sunk, or which unclaimed
is not in the possession or under the control of any person, shall be '™ ^'^'
deemed to be the proj^erty of the Government unless and untU any
person establishes his right thereto as provided in this Part.
(ii) Such timber may be collected by any forest officer or other
person duly authorized under this Enactment and may be brought
to such stations as the Conservator may from time to time notify
as stations for the reception of unclaimed timber.
30. (i) Public notice of all timber collected under the last pre- P"biic notice of
^ ' . . ^. timber collecteci
cedmg section shall from time to time, as occasion may require, under
be given by a forest officer expressly empowered in that behalf ^^'^ '°° ^^"
under this Enactment.
(ii) Such notice shall contain a description of the timber and
shall require any person claiming the same to make his claim to
the Deputy Conservator within a period not less than one month
from the date on which such notice is given.
31. (i) When any such claim is made as aforesaid, the Deputy c^°^'^"?i^h
Conservator may, after making such enquiry as he thinks fit, either
reject the claim after recording his reasons for so doing or deliver
the timber to the claimant.
(ii) If such timber is claimed by more than one person, the
Deputy Conservator may either deliver the same to any of such
persons whom he deems entitled thereto or may refer the claimants
to the Civil Court and retain the timber pending the receipt of an
order from such Court for its disposal.
32. Where no claim is made within the period prescribed by Disposal of
notice issued under Section 30, or where such claim has been made timber.
and rejected, the ownership of such timber shall vest in the
Government free from all incumbrances, or, when such timber has
been delivered to another person under Section 31, in such other
person free from all incumbrances not created by him.
33. No person shall be entitled to recover possession of any Payment to be
timber collected as aforesaid until the amount of any reasonable claimant before
expense incurred in collecting, moving, storing, and disposing of ^^'b|rf°^
the timber has been paid by him to the forest officer or other person
entitled to receive the same.
34. The Resident of a State may, with the approval of the Chief power to make
Secretary to Government, make rules for the regulation within
such State of the following matters — namely,
(a) the collection and disposal of all timber mentioned in
Section 29 ;
rules as to
collection
and disposal
of unclaimed
timber.
612
No. 34 OF 1918.
Power to
arrest without
warrant.
Seizure of
property the
subject of, or
used in
committing,
a forest offence.
Presumption
that forest
produce
belongs to the
Government.
Penalty for
trespass or
damage in
reserved forest.
(6) the manner of publication of public notices under Section
30;
(c) the penalties with which the contravention of any rule
made under this section shall be punishable, but so that
such penalties shall not exceed those prescribed by-
Section 40.
PART V.
PENALTIES AND PROCEDURE.
35. (i) Any forest officer or police officer may without a warrant
arrest any person reasonably suspected of having been concerned
in any forest offence punishable with imprisonment for one month
or upwards, if such person refuses to give his name and residence
or gives a name or residence which there is reason to believe to be
false or if there is reason to believe that he \vill abscond.
(ii) Every officer making an arrest under this section shall,
without unnecessary delay, take or send the person arrested before
a Magistrate having jurisdiction in the case or to the officer in
charge of the nearest police station or, if the offence is compound-
able under Section 44, before an officer empowered under that
section to accept compensation.
36. (i) When there is reason to believe that a forest offence has
been committed in respect of any forest produce, such produce,
together with all tools, boats, carts, and cattle used in the commission
of such offence, may be seized by any forest officer or police officer.
(ii) Every officer seizing any property under this section shall
place on such property, or on the receptacle, if any, in which it is
contained, a mark indicating that the same has been so seized and
shall, as soon as may be, make a report of such seizure to the
Magistrate having jurisdiction to try the offence on account of
which the seizure has been made. Provided that, in any case
where such property has been seized in connection with an offence
dealt with by a forest officer in the exercise of powers conferred
under Section 44 or committed by some person unknown or who
cannot be found, it shall not be necessary to report to a Magistrate
the seizure thereof.
37. When in any proceedings taken under this Enactment or
in consequence of anything done under this Enactment a question
arises as to whether any forest produce is the property of the
Government, such produce shall be presumed to be the property
of the Government until the contrary is proved.
38. Subject to the provisions of Section 24, whoever in a reserved
forest —
(a) wilfully trespasses, or pastures cattle, or permits cattle to
trespass ; or
(6) causes any damage by negligence in felling any tree or
cutting or dragging any timber ;
shall be guilty of an offence and liable on conviction to fine wliich
may amount to fifty dollars or, when the damage resulting from
FOREST.
613
his offence amounts to more than twenty-five dollars, to double the
amount of such damage.
39. Subject to the provisions of Section 24, whoever — ^uTe^'offln'ces
(a) makes any fresh clearing or does any other act in contra-
vention of Section 6 ; or
(b) kindles, keeps, or carries any fire, or leaves any fire burning
in contravention of Section 23 or of any instructions to
ensure the safety of reserved forests which the Deputy
Conservator may from time to time notify in the prescribed
manner ; or
in a reserved forest —
(c) fells, cuts, rings, marks, lops, or taps any tree, or injures
by fire or otherwise any tree or timber ; or
{(I) quarries stone, burns lime or charcoal, or searches for,
collects, subjects to any manufacturing process, or removes
any forest produce or minerals ; or
(e) clears or breaks up any land for cultivation or any other
purpose ;
shall be guilty of an offence and liable on conviction to imprisonment
of either description for a term not exceeding six months or to fine
not exceeding five hundred dollars or to both.
40. Subject to the provisions of Section 27, whoever commits a Penalty for
breach of any rule made under Section 26, 28, or 34, for the breach uJX'r sections
of which no penalty is expressly prescribed by rule, shall be guilty 26, 28, and 34.
of an offence and liable on conviction to imprisonment of either
description for a term not exceeding six months or to fine not
exceeding five hundred dollars or to both.
41. (i) Whoever, being a forest officer or police officer, vexatiously penalty for
and unnecessarily seizes any property on pretence of seizing ^e^^^^'
property liable to confiscation under this Enactment shall be guilty
of an offence and liable on conviction to imprisonment of either
description for a term not exceeding six months or to fine not
exceeding five hundred dollars or to both.
(ii) Any fine imposed under sub-section (i), or any portion
thereof, shall, if the convicting Court so directs, be given as com-
pensation to the person aggrieved by such seizure.
42. Whoever, with intent to cause wilful damage or injury to the
public or to any person or to cause wrongful gain as defined in
the Penal Code,
(a) knowingly counterfeits upon any tree or timber, or has
in his possession any implement for counterfeiting, a
mark used by forest officers to indicate that such tree
or timber is the property of the Government or of some
person or that it may lawfully be felled or removed by
some person ; or
{b) unlawfully or fraudulently affixes to any tree or timber a
mark used by forest officers or registered in the name of
another person ; or
Penalty for
counterfeiting
or defacing, or
possessing
implements for
counterfeiting,
marks on trees
and timber and
for altering
boundary
marks.
614
No. 34 OF 1918.
Double penalty
in certain cases.
Power to
compound
iorest offences.
(Compensation
for damage
caused by
commission o(
forest offence.
(c) alters, defaces, or obliterates any such mark placed on
any tree or timber by or under the authority of a forest
officer ; or
{d} alters, moves, destroys, or defaces any boundary mark of a
reserved forest or of any land proposed to be included in
a reserved forest ;
shall be guilty of an offence and liable on conviction to imprison-
ment of either description for a term not exceeding two years or to
fine or to both.
43. If a breach of any of the provisions of this Enactment or
of any rule made thereunder is committed —
(a) after sunset and before sunrise ; or
(&) after preparation for resistance to the execution of any law
or any legal process ; or
(c) after a previous conviction of the offender for a like offence ;
the convicting Court may inflict double the penalty prescribed for
such offence.
44. (i) The Chief Secretary to Government may, bj'' notification
in the Gazette, empower any forest officer, either by name or by
virtue of his office,
(a) to accept from any person against whom a reasonable
suspicion exists that he has committed any forest offence,
other than an offence specified in Section 41 or Section
42, a sum of money not exceeding fifty dollars by way
of compensation for the offence which such person is
suspected to have committed ; and
(b) when any property has been seized as liable to confiscation.
to release the same on payment of the value thereof as
estimated by such officer ;
and all sums so received by any forest officer shall be credited
to revenue.
(ii) On the payment of such sura of money or such value or both,
as the case raay be, to such officer, the suspected person, if in custody,
shall be discharged, the property, if any, seized shall be released, and
no further proceedings shall be taken against such person or
property.
(iii) Any power vested in a forest officer by a notification under
sub-section (i) may at any time be withdrawn by the Chief Secretary
to Government by notification in the Gazette.
45. (i) When any person is convicted of removing, felling, cutting,
ringing, marking, lopping, or tapping trees or timber, or of injuring
them by fire or otherwise, in contravention of this Enactment, the
convicting Court may, in addition to any other punishment which it
may award, order that person to pay to the Government such
compensation for eacli tree or piece of timber in respect whereof
the offence was committed, not exceeding twice the value thereof, as
it deems just.
(ii) If the person convicted of the offence committed it as the
agent or servant of another person, the convicting Court may, unless
FOREST.
615
Confiscation ot
property the
subject of, or
used in
eommittin!?,
a lorest offence.
Disposal of
produce the
subject of a
forest offence.
after hearing that other person it is satisfied that the commission of
the offence was not a consequence of his instigation or of any neglect
or default on his part, order him, instead of the person who com-
mitted the offence, to pay the compensation referred to in sub-
section (i).
46. (i) When any person is convicted of a forest offence, all
forest produce which is not the property of the Government and in
respect of which such offence has been committed, and all tools,
boats, carts, and cattle used in the commission of such offence, shall
be liable, by order of the convicting Court, to confiscation.
(ii) Such confiscation may be m addition to any other penalty
prescribed for such offence.
47. When the trial of any forest offence is concluded, any forest
produce in respect of which such offence has been committed shall, if
it is the property of the Government or has been confiscated, be
delivered to such forest officer as the Court may order, and, in any
other case, may be disposed of in such manner as the Court may
order.
48. (i) Where there is reason to believe that a forest offence has
been committed by a person who is unknoMoi or cannot be found, all
property seized in respect thereof under Section 36 shall, unless it has
been disposed of under Section 47, be taken possession of, and may
be disposed of, by a forest officer expressly empowered in that behalf
under this Enactment ; but no such property, not being the property
of the Government, shall be sold or otherwise disposed of until the
expiration of one month from the date of the seizure of such property
or without hearing the person, if any, claiming any right thereto and
the evidence, if any, which he may produce in support of his claim.
(ii) When possession is taken of any property under sub-section
(i), the forest officer so taking possession shall either cause a notice
thereof to be served upon any person whom he has reason to believe
to be interested in the property seized or publish such notice in any
way which he thinks fit.
49. A Magistrate, or a forest officer expressly empowered in that saie of perish-
behalf under this Enactment, may, notwithstanding anything herein- seized!"^^ ^
before contained, direct the sale of any property seized under Section
36 and subject to speedy and natural decay, and may deal with the
proceeds as he might have dealt -with such property if it had not
been sold.
Power to take
possession of,
and dispose of,
propertj' the
subject of, or
used in
committing,
a forest offence,
where offender
unknown or
not found.
50. (i) Any person claiming to be interested in property seized
under Section 36 may
(a) within one month from the date of any order made in respect
of such property by a Magistrate under Section 46 or
Section 47 prefer an appeal against such order to the
Supreme Court, or
{b) within one month from the service or publication of a notice
in respect of such property by a forest officer under
Section 48 prefer an appeal against the taking possession
of such property to the Resident.
Appeal against
order or act
under Section
46, 47, or 48.
610
No. 34 OF 1918.
Vesting in the
Qovemment of
property
confiscated
or taken
possession of.
Power to release
property seized
and withdiaw
charges.
Prosecution,
who may
conduct.
Recovery
of money
due to the
Government.
Charge on forest
prodDce
for money
due to the
Qovemment.
Recovery of
penalty due
under bond.
(ii) The order of the Supreme Court or of the Resident, as the case
may be, made on such appeal shall be final.
51. When an order for the confiscation of any property has been
made under Section 46 or possession has been taken of any property
under Section 48, and
(a) the period limited by Section 50 for preferring an appeal
against such order or such taking possession has elapsed
and no such appeal has been preferred, or
(6) on an appeal against such order or such taking possession
the appellate authority confirms such order or such taking
possession in respect of the whole or a portion of such
property,
such property or portion, as the case may be, shall vest in the
Government free from all incumbrances.
53. Notwithstanding anj^thing hereinbefore contained, any forest
officer empowered under Section 44 to compound forest offences may
at any time direct the immediate release of any property seized under
Section 36 which is not the property of the Government and the
withdrawal of any charge made in respect of such property.
53. The prosecution before any Court of any person charged with
a forest offence may be conducted by the Conservator or a Deputy
Conservator or by any forest officer authorized, either specially or
generally, by the Conservator or a Deputy Conservator in writing in
that behalf.
54. All money, other than fines, payable to the Government under
this Enactment or on account of the price of any forest produce or of
expenses incurred in the execution of this Enactment in respect of
any forest produce may, if not paid when due, be recovered in the
manner provided by law for the recovery of fines.
55. (i) When any such money as is referred to in the last preceding
section is payable for, or in respect of, any forest produce, the amount
thereof shall be deemed to be a first charge on such produce, and such
produce may be taken possession of by the Conservator or a Deputy
Conservator or by any forest officer authorized, either specially or
generally, by the Conservator or a Deputy Conservator in Avriting
in that behalf and may be retained by him until such amount has
been paid .
(ii) If the amount is not paid when due, such forest officer may
sell the said produce by public auction and the proceeds of the sale
shall be ajiplicd first in payment of the amount due.
(iii) The surplus, if any, if not claimed within two months from
the date of the sale by the person entitled thereto, shall be forfeited
to the Government.
56. When any person, in compliance with any rule under this
Enactment, l)in(ls himself by any instrument to perform any duty or
act or covenants by any instrument that he, or that he and his
servants and agents, will abstain from any act, the whole sum
mentioned in such instrument as the amount to be paid in case of a
FOREST.
617
breach of the conditions thereof may, notwithstanding anything in
Section 74 of the Contract Enactments, 1899 (Pahang, 1900), be
recovered from him in case of such breach in the manner provided
by law for the recovery of fines.
PART VI.
FOREST OFFICERS.
57. (i) The Conservator of Forests shall be appointed by the Appointment of
Chief Secretary to Government and shall have the general super-
intendence throughout the Federated Malay States of all matters
within the provisions of this Enactment.
(ii) The Conservator may from time to time, with the approval of
the Chief Secretary to Government, appoint and when appointed
remove such and so many Deputy Conservators, Extra Deputy
Conservators, Assistant Conservators, Extra Assistant Conservators,
Forest Rangers, Foresters, Forest Guards, and other officers as may
be necessary for carrying out the purposes of this Enactment.
(iii) The appointments of the Conservator and of all Deputy and
Assistant Conservators shall be notified in the Gazette.
58. (i) The Resident of a State may, with the approval of the investiture of
Chief Secretary to Government, invest any forest officer, either ^thcertaiT
specially or generally, vnih. all or axiy of the following powers, to be powers,
exercised within such State for the purposes of this Enactment —
namely,
(a) power to compel the attendance of witnesses and production
of documents ;
{h) power to issue such search warrants as may be issued by
Courts under the Criminal Procedure Code in force for
the time being ;
(c) power to hold judicial enquiries into forest offences and in
the course of such enquiries to receive and record evidence ;
{d) power to grant any permission referred to in Sections 24
and 27 ;
(e) power to give public notice under Section 30 of timber
collected under Section 29 ;
(/) power to take possession of and dispose of property under
Section 48 ;
{g) power to direct the sale of perishable property under Section
49;
and may, with the like approval, withdraw any of the said powers
from any forest officer m vested therewith under this sub-section.
(ii) All or any of the powers specified in paragraphs (a) to {g),
inclusive, of sub-section (i) may be exercised by the Conservator in
any part of the Federated Malay States.
59. All forest officers shall be deemed to be public servants within Forest officers
the meaning of the Penal Code. public ll^lnts.
618
No. 34 OF 1918.
Forest officers
not to trade.
60. No forest officer shall, as principal or agent, trade in forest
produce or be or become interested in any lease of or charge on any
forest or forest produce or in any contract for working any forest.
PART VII.
Additional
power to make
rules.
Publication and
effect of rules.
Land required
under this
Enactment to
be deemed to be
needed for a
public purpose.
The Govern-
ment not liable
for loss or
dama;?e in
respect of
certain forest
produce.
Admissibility
in Courts of
evidence
recordcri by
forest officers.
Provisions as to
actions.
SUPPLEMENTAL.
61. (i) In addition to the powers hereinbefore conferred, the
Resident of a State may, with the approval of the Chief Secretary to
Government, make rules to carry out within such State the objects
and purposes of this Enactment.
(ii) In particular and without prejudice to the generality of the
foregoing power, such rules may —
(a) declare by what forest officer or class of forest officers the
powers or duties conferred or imposed by or under this
Enactment on a forest officer are to be exercised or
performed ;
(h) regulate the procedure of District Officers under Part II ;
(c) regulate the rewards to be paid to officers and informers
from the proceeds of fines and confiscations under this
Enactment or from the public treasury ;
{(l) prescribe the manner of notifying instructions of a Deputy
Conservator under Section 39 ; and
(e) prescribe the fees to be payable under this Enactment.
62. All rules made under this Enactment shall be published in
the Gazette and shall thereupon have the same effect as li enacted by
this Enactment.
63. Whenever it appears to the Resident that any land is required
for any of the purposes of this Enactment, such land shall be deemed
to be needed for a public purpose within the meaning of Part VII
of " The Land Enactment, 1911."
64. The Government shall not be responsible for any loss or
damage which may occur in respect of any forest produce while at a
checking station or while detained elsewhere for the purposes of this
Enactment or in respect of any timber collected under Section 29.
65. Evidence recorded by a forest officer in a judicial enquiry shall
be admissible in any subsequent enquiry or trial before a Magistrate
or Court.
66. (i) No action shall be brought against any person for anything
done or bond fide intended to be done in the exercise or supposed
exercise of the powers given by this Enactment or by 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 the action ;
(c) after tender of sufficient amends.
FOREST.
619
(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maUciously 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 the action.
Schedule.
ENACTMENTS REPEALED.
No. and year.
Short title.
18 of 1914 . .
7 of 1916 . .
The Forest Enactment, 1914
The Forest Enactment, 1914, Amendment
Enactment, 1916
ENACTMENT NO. 36 OF 1918.
As amended by Fed. E. 14 of 1919.
All Enactment to restrict temporarily the persons who
may engage in business connected with certain non-
ferrous metals and metallic ores.
Arthur Young,
President of the Federal Council.
[26th December, 1918.
21st May, 1919.]
Short title,
commencement,
and duration.
Metals and ores
to wliicli
Enactment
applies.
Proliibition
as^ainst dealing
in certain
metals and ores
without a
license.
E. 14 of 1919.
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 Non-Ferrous Metal
Industry Enactment, 1918," and shall come into force on the
publication thereof in the Gazette.
(ii) This Enactment shall continue in force only during the
continuance of the present state of war between His Britannic
Majesty and His Allies and the Central European Pov/ers and for
a period of five years after the termination thereof.
2. The metals and ores to which this Enactment applies are zinc ,
copper, tin, lead, nickel, aluminium, and any other non-ferrous
metals and ores to which this Enactment may be applied by order
of the Chief Secretary to Government ; the expression " metal "
shall not include metal which has been subjected to any manu-
facturing process except such as may be prescribed ; and the
expression " ore " shall include concentrates, mattes, precipitates,
and other intermediate products.
3. (i) Notwithstanding the terms of any other written law or of
any lease, license, or other authoritj^ it shall not be lawful for any
company, firm, or individual after the expiration of six months from
the passing of this Enactment, or such longer period as the Seuior
Warden of Mine^, Federated Malay States, (hereinafter called
" the Senior Warden ") may generally or in any particular case
allow, to carry on the business of * * smelting, dressing, refining,
or dealing by way of wholesale trade in, metal or metallic ore to
which this Enactment applies, unless licensed to do so by the
Senior Warden, such license to be in the form set out in the Second
Schedule to this Enactment :
Provided that the purchase or sale of metal shall not be deemed
to be dealinif in such metal where such purchase or sale is incidental
only to the trade carried on by the purchaser or seller :
Provided also that no license shall be required when the * *
smelting, dressing, refining, or dealing is carried on wholly outside
the Federated Malay States.
620
NON-FERROUS METAL INDUSTRY. 621
(ii) In the case of a company, firm, or individual with respect to
which or whom any of the conditions set forth in the First Schedule
to this Enactment apply, or which is controlled by a company, firm,
or individual in respect of which or whom any such conditions
apply, no license shall be granted unless the Senior Warden is of
opinion that the grant of a license is expedient ; but, save as
aforesaid, any company, firm, or individual carrjdng on or proposing
to carry on such business as aforesaid shall on maldng application
in the prescribed manner, and on furnishing such information and
allowmg inspection of such books and documents as may be
reasonably required, and on payment of the prescribed fee, which
shall not exceed ten dollars, be entitled to a license under this
Enactment,
(iii) A license under this Enactment shall remain in force unless
and until it is suspended or revoked.
(iv) The Senior Warden, if satisfied by evidence not before him
at the time when the license was granted that such company, firm,
or individual is, or has become, subject to any of the conditions set
forth in the First Schedule to this Enactment, or, in the case of a
company, firm, or individual to which or whom a license has been
granted notwithstanding that it or he is subject to any such con-
ditions as aforesaid, that it is expedient that the license should be
revoked or suspended, may revoke or suspend the license.
(v) If any question arises between the Senior Warden and any
company, firm, or individual —
(a) as to whether or not the business carried on by the company,
firm, or individual is such as to require a license under
this Enactment ; or
(6) as to whether or not any of the conditions set forth in the
First Schedule to this Enactment apply in respect of
the company, fiirm, or individual ; or
(c) as to whether or not the company, firm, or mdividual is
controlled by a company, firm, or individual in respect
of which any such conditions apply ; or
{d) as to the requirements of the Senir Warden for the pro-
duction of books or documents for mspection,
the question shall, subject to rules of Court, be referred by the
Senior Warden to the Court of a Judicial Commissioner for deter-
mination, and the decision of such Court on any such reference
shall be final, and no appeal therefrom shall lie to any other Court.
(vi) Where at the expiration of the said six months or longer
period allowed by the Senior Warden proceedings on any such
application are pending in the Court of a Judicial Commissioner,
the Court shall, on application being made for the purpose, extend
the said period of six months or longer period as respects that
company, fii'm, or individual for such period as may be necessary
to allov/ the question to be determined by the Court, and where the
application is made with reference to the suspension or revocation
of a license the license shall not be suspended or revoked until
the question has been determined by the Court.
622
No. 36 OF 1918.
Power to
require
information
and inspection
of documents.
E. 14 of 1919.
Offences.
(vii) The Senior Wardeyi shall publish in the prescribed manner
the name of any company, firm, or individual to which or whom
a license has been granted under this Enactment or whose license
has been suspended or revoked.
4. The Senior Warden shall have power at any time to require
the applicant for a license or a licensee, or any person who, being
a director, partner, manager, or officer of, or the holder of, or a
person interested in, shares or securities of, any company, or firm,
which has applied for the grant of a license, or to which a license
has been granted under this Enactment, or by which the applicant
or licensee is controlled, or being the manager of the business carried
on by an individual applicant or licensee, is able to give any informa-
tion as to the constitution, control, or management of the company
or firm, or the business carried on by the company, firm, or individual,
or the beneficial interest of any person in such business or in any
shares or securities of the company or firm, to furnish such informa-
tion within such time as the Senior Warden may direct, and for
the purpose of obtaining or verifying such information any person
appointed by the Senior Warden in that behalf shall be entitled
to inspect any books and documents belonging to or under the
control of such company, firm, or individual, the inspection of
which may reasonably be required for the purpose aforesaid.
5. (i) If any person carries on the business of * * smelting, dressing,
refining, or dealing in any metal or metallic ore in contravention
of this Enactment without a license, he shall be guilty of an offence
and shall, on complaint made by or on behalf of the Senior Warden,
be liable on conviction before the Court of a Magistrate of the
First Class to imprisonment of either description for a term not
exceeding three months, or to a fine not exceeding eight hundred
and fifty dollars for each day during which the offence continues,
or to both such imprisonment and fine.
(ii) If any person
(a) refuses or neglects to furnish any information which under
this Enactment is required to be furnished within the
time within which it is to be furnished, or
(6) knowingly furnishes any information required to be furnished
under this Enactment which is false in any material
particular, or
(c) having custody of any book or document which a person
is authorized to inspect under this Enactment refuses or
wilfully neglects to produce the book or document for
inspection, or
{d) forges or fraudulently alters or uses or permits to be fraudu-
lently used any license issued under this Enactment,
he shall be guUty of an offence and liable on conviction before the
Court of a Magistrate to imprisonment of either description for a
term not exceeding three months, or to a fine not exceeding one
huiulred and seventy-five dollars, or to both such imprisonment
and fine
NON-FERROUS METAL INDUSTRY. 623
(iii) Where the person guilty of an oflfence under this Enactment
is a company, every director, manager, secretary, and other officer
of the company who is Imowingly a party to the default shall also
be guilty of the like offence and liable to the like punishment.
6. (i) A company carrying on any business to Avhich Section 3 Provision as to
of this Enactment applies, which has issued share warrants to bearer, to^beaTe"''" "^
may give notice requiring the holders of the share warrants to
surrender their warrants for cancellation and to have their names
entered in the register.
(ii) The notice shall be given by advertisement in the Gazette and
by any other method by which notices to, or for the information
of, holders of share warrants to bearer are required to be given by
the regulations of the company or the conditions of issue of the
warrants.
(iii) Where such a notice has been given, no person shall, as
holder of a share warrant, be entitled to attend or vote at any
meeting of the company, and any dividends or interest which may
become payable in respect of any shares represented by share
warrants shall be retained by the company until the share warrants
have been surrendered for cancellation.
(iv) For the purposes of this Enactment the expression " share
warrants to bearer " includes any bearer securities which confer
on the holder thereof any voting power with respect to the
management of the company.
7. No information as to any person or any business obtained Provisions as to
under this Enactment shall be published except for the purposes of ^'^°'^^°y-
legal proceedings under this Enactment, and if any person know-
ingly publishes any information in contravention of this provision
he shall be guilty of an offence and liable on conviction before the
Court of a Magistrate to imprisonment of either description for a
term not exceeding three months, or to a fine not exceeding one
hundred and seventy-five dollars, or to both such imprisonment
and fine.
8. (i) The Chief Secretary to Government may make rules for R'lies.
prescribing anything which, under this Enactment, is to be pre-
scribed, and generally for carrying this Enactment into effect, and
such rules shall provide for excluding from dealings by way of
wholesale trade within the meaning of this Enactment dealings in
quantities below such limits as may be prescribed generally or as
respects any particular metal or metallic ore.
(ii) All rules made under this Enactment shall be published in
the Gazette and from the date of such publication shall have the
same force and effect as if they had been enacted in this Enactment.
(iii) All rules shall be laid before the Federal Council at the first
meeting after such publication and shall cease to have any force
or effect if disallowed by resolution of the said Council.
(iv) Any rule may be altered by a resolution of the Federal
Council and shall come into force as altered from the date of the
passing of such resolution and shall have the same force and effect
as if it had been enacted in this Enactment.
624
No. 36 OF 1918.
Evidence of
documents.
E. 14 of 1919.
Declarations.
9. All documents purporting to be documents made by the
Senior Warden under this Enactment and to be signed by him, or
by any person authorized by him in that behalf, shall be received in
evidence and shall be deemed to be such documents without further
proof xinless the contrary is shewn.
10. (i) A company carrying on any business to which Section 3
of this Enactment applies may give notice requiring a shareholder
or debenture holder to make a declaration under the " Statutory
Declarations Enactment, 1899," of any State as to the beneficial
ownership of the shares or debentures standing in his name, and
as to the nationality of such beneficial owner.
(ii) The notice shall be given by any method by which notices
to, or for the information of, holders of shares or debentures are
required to be given by the regulations of the company or the
conditions of issue of the debentures.
(iii) Where such a notice has been given, no person shall as
holder of a share be entitled to attend or vote at any meeting of the
company, and any dividends or interest which may become payable
in respect of any shares or debentures shall be retained by the
company, until the shareholder or debenture holder shall have
made such declaration as aforesaid.
(iv) For the purposes of this section the expressions " shares "
and " debentures " include stock and debenture stock and " share-
holder " and " debenture holder " have corresponding meanings.
FmsT Schedule.
CONDITIONS.
(Section 3.)
1. That any director of the company or any partner of the firm,
or the individual, or any manager or other principal officer employed
by the company, firm, or individual, is a person who is or has been
a subject of a State which is now at war with His Britannic Majesty
or an enemy controlled corporation.
2. That, in the case of a company, any capital of the company
is or was at any time after the first day of December, 1918, held
by or on behalf of an enemy, including any stock or shares of the
company vested in the custodian by virtue of any order made
under " The Trading with the Enemy Enactments, 1914 to 1916."
3. That the company, firm, or individual is or was at any time
after the first day of December, 1918, party to any agreement,
arrangement, or understanding, which enables or enabled an enemy
to influence the policy or conduct of the business.
4. That the company, firm, or individual is or was at any time
after the first day of December, 1918, interested, directly or
indirectly, to the extent of one-fifth or more of the capital, profits,
or voting ])ower in any undertaking, whether or not in the
Federated Malay States, engaged in business of a kind to which
this Enactment applies, in which enemies are also interested,
NON-FERROUS METAL INDUSTRY. 625
directly or indirectly, to the extent of one-fifth or more of the
capital, profits, or voting power.
5, That the company, firm, or individual is by any means what-
ever subject, directly or indirectly, in the conduct of its or his
business to enemy influence or association.
6. That, in the case of a company, the company has issued share
warrants to bearer and has not given notice under this Enactment
requiring the holders of the share warrants to surrender their
warrants for cancellation.
For the purposes of this Schedule —
The expression " enemy " means a subject of a State which is
now at war with His Britannic Majesty and an enemy
controlled corjjoration.
The expression " enemy controlled corporation " means any
corporation —
(a) where the majority of the directors or the persons
occupying the position of directors, by whatever name
called, are subjects of such a State as aforesaid ; or
(&) where the majority of the voting power is in the hands
of persons who are subjects of such a State as
aforesaid, or who exercise their voting powers
directly or indirectly on behalf of persons who are
subjects of such a State as aforesaid ; or
(c) where the control is by any means whatever in the
hands of persons who are subjects of such a State
as aforesaid ; or
(d) where the executive is an enemy controlled corporation
or where the majority of the executive are appointed
by an enemy controlled corporation.
The expression " capital " in relation to a company means any
shares or securities issued by the company which carry, or
would, if the necessary formalities were complied with, carry,
any voting power with respect to the management of the
company, and also includes debentures and debenture stock
and money lent to the company.
Second Schedule.
FORM OF LICENSE.
(Section 3.)
{Name of company, firm, or individual) of is hereby licensed
under " The Non -Ferrous Metal Industry Enactment, 1918," to
carry on the business of * * smelting, dressing, refining, and dealing e. i4ofi9i9.
by way of wholesale trade in the metals or metallic ores to which
the said Enactment applies.
Senior Warden of Mines, F.M.S.
Dated the day of , 191 . . .
Ill— 40
ENACTMENT NO. 40 OF 1918.
Short title,
commencement,
and repeal.
Rules.
Appointment of
Registrar.
An Enactment to consolidate and amend tlie law relating
to the Registration of Imports and Exports.
Arthur Young,
President of the Federal Council.
[26th December, 1918.
1st April, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in CouncU as follows : —
1. (i) This Enactment may be cited as " The Registration of
Imports and Exports Enactment, 1918," and shall come into force
on such date as the Chief Secretary to Government may by notifica-
tion in the Gazette appoint in that behalf.
(ii) Upon the coming into force of this Enactment the Enactments
mentioned in the schedule shall be repealed ; provided that all
appointments made under any Enactment hereby repealed which
were in force immediately prior to the commencement of this
Enactment shall be deemed to have been made under this Enact-
ment.
2. (i) The Chief Secretary to Government may make rules for
the registration of all goods imported into and exported from the
Federated Malay States or any of them and for the issue of
certificates relating to goods so imported or exported.
(ii) Such rules shall be published in the Gazette and shall at the
expiration of thirty days after such publication have the same force
and effect as if contained in this Enactment.
(iii) Any person who shall commit a breach of or fail to comply
with any rule so made and published, or shall wilfully make any
false or misleading statement, wTitten or verbal, with respect to
any matter dealt with by this Enactment or by the rules published
thereunder, shall be guilty of an offence and liable on conviction to
a fine not exceeding one hundred dollars.
3. The Chief Secretary to Government maj'', by notification in
the Gazette, appoint, by name or office, a Registrar, or Registrars,
of Imports and Exports for the purposes of this Enactment and
may revoke any such appointment.
Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Perak
Selangor . .
Negri Sembilan . .
Pahang . .
14 of 1904
13 of 1904
14 of 1904
9 of 1904
The Registration of Imports and
Exports Enactment, 1904
Do.
Do.
Do.
626
ENACTMENT NO. 42 OF 1918.
As amended by Fed. E. 13 of 1919.
An Enactment to promote the Cultivation of Foodstuffs
in the Federated Malay States.
Arthur Young, ,[26th December, 1918.
President oj the Federal Council. 12th February, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —
1. This Enactment may be cited as "The Food Production short title,
Enactment, 1918," and shall come into force on such date as the ^"d^uSn.''^'
Chief Secretar}^ may by notification in the Gazette appoint, and shall
thereafter remain in force until the termination of the present state
of war between His Britannic Majesty and the Central European
Powers and during the five years next follo^\ing the termination
thereof ; provided that the Chief Secretary may at any time when
this Enactment is in force appoint by notification in the Gazette
a day for the cessation of the operation thereof, and this Enactment
shall in such case cease to operate accordingly and shall on and from
the date so appomted be deemed to have been repealed.
2. In this Enactment and in any rules made thereunder the interpretabion.
following terms shall have the meanmgs hereby assigned to them
respectively :
" Chief Secretary " means the Chief Secretary to Government,
Federated Malaj^ States ;
" Collector " means any Collector or Assistant Collector duly
appointed under " The Land Enactment, 1911 " ;
" Director " means the Director of Food Production appointed
under this Enactment ;
" Deputy Director " means a Deputy Director of Food Production
appointed under this Enactment, and "the Deputy Director"
means the Deputy Director empowered to act in the place in which
the action or thing contemplated or referred to by the context is
taken or to be taken or exists ;
"Foodstuff" includes rice, vegetables, maize, millet, ragi, sweet e. i3ofi9i9.
'potatoes, yams, tapioca, coconuts, bananas, and other fruits, and all
other articles used, or which can be used, as food for man and which
can be grown by cultivation of the soil in the Federated Malay
States ;
" Fund " means the Food Production Fund established by this
Enactment ;
627
628
No. 42 OF 1918.
Appointment of
officers.
Food Produc-
tiou Fund.
"Malay" means a person belonging to any Malayan race who
habitually speaks the Malay language or any Malayan language and
professes the Moslem religion ;
" OwTier," occurring without the prefix " registered," includes
the occupier of land and any person having control over or the right
to make use of land and in the case of land owned by a company
includes the manager or person in charge of such land ;
" Resident " means with reference to any particular piece of land,
or any interest therein or duty connected therewith or matter
incidental thereto, the Resident of the State wherein such land is
situate ;
" Rice land " means land which is, in the opinion of the Resident,
suitable for the cultivation of wet rice ;
" Sanitary Board " means a Sanitary Board appomted under the
provisions of " The Sanitary Boards Enactment, 191G," and
" Sanitary Board area " means an area subject to the control of a
Sanitary Board in respect of the matters provided for by the said
Enactment ;
" State land " and " to alienate " have the meanings assigned to
those expressions, respectively, in " The Land Enactment, 1911."
3. (i) The Chief Secretary may appoint any person by name or
by office to be Director of Food Production for the Federated Malay
States and may appoint persons by name or by office to be Deputy
Directors of Food Production for specified local areas ; all such
appointments shall be notified in the Gazette.
(ii) The Director may exercise his functions throughout the
Federated Malay States, and Deputy Directors may exercise tlieir
functions within the local areas for which they are respectively
appointed ; the Director may exercise any power vested by or under
this Enactment in a Deputy Director.
(iii) The Director and all Deputy Directors shall be deemed to be
public servants within the meaning of the Penal Code.
4. All moneys collected under this Enactment shall be paid into
the public Treasury of the Federated Malay States to the credit
of a Fund which shall be called the Food Production Fund and out
of which all payments required or authorized to be made under this
Enactment shall be met. Provided that if and so often as the
amount at the credit of the Fund shall be insufficient to meet any
payment required or authorized to be made under this Enactment,
the Chief Secretary may transfer from the general revenues of the
Federated Malay States to the credit of the Fund such amount as
may be necessary to meet such payments, and the amount so trans-
ferred shall, Avhen the state of the Fund permits, be reimbursed
therefrom to the general revenues of the Federated Malay States.
Settlns apart of
land suitable
for wet rice
cultlTatlon.
CULTIVATION OF RICE.
5. (i) TJic Resident may, by notification in the Gazette, set apart
any area of State land which consists principally of land suitable for
cultivation with wet rice or for being rendered by irrigation or
FOOD PRODUCTION.
629
otherwise cultivable therewith to be used principally for the
cultivation of wet rice and may at pleasure rescind any such
notification.
(ii) To any person to whom there is alienated for the cultivation
of wet rice any land wdthin an area set apart under sub-section (i)
there may be alienated also, within the said area, land for dwelling-
houses and orchards ; provided that the land alienated within any
such area for dwelling-houses and orchards shall at no time exceed in
extent one-fifth of the land alienated within the said area for the
cultivation of Avet rice.
(iii) In respect of all land, situate within an area set apart under
sub-section (i), which is alienated for the express purpose of the
cultivation of wet rice there shall be imposed a special condition, to
be set out in the title, that the land held thereunder shall be culti-
vated with wet rice and with no other product and that no part
thereof shall remain during three consecutive years uncultivated
with wet rice. The land held under a title wherein this condition is
set out shall be liable to forfeiture for breach thereof, and if any part
of such land shall have remained during three consecutive years
uncultivated with wet rice this shall be deemed to be a breach not
capable of being repaired or made good.
6. (i) The OAVTier of any land which has been or may hereafter be Land aUenated
alienated for the purpose of the cultivation of wet rice or subject to cu^tTvatVon.
a condition for the cultivation of wet rice thereon shall cultivate the
whole of such land with wet rice once during each calendar year
reckoned from January to December.
(ii) Land shall not be deemed to have been cultivated, within the
meaning of this section, unless and until all operations necessary
and proper to the production of a crop of wet rice thereon shall have
been, so far as possible, completed.
7. (i) Each Deputy Director shall in each year issue and publish Notice to
notices prescribing for all alienated lands within the area for which p[antkfg^^'et
he is appointed "ce.
(a) the time for commencing to clear rice fields ;
(b) the time by which the clearing of rice fields shall be
completed ;
(c) the time for making rice nurseries ;
(d) the time for planting out rice in the fields.
(ii) Such notices may further prescribe any other measures which
ma}^ in the opinion of the Deputy Director be necessary in connection
with the cultivation of wet rice.
(iii) Such notices shall be published in the Gazette, and translations
in Malay shall be affixed in such convenient places as may be directed
by the Deputy Director.
(iv) In case of conflict between the terms of any notice published
under this section and anj^thing proclaimed or ordered in respect of
the cultivation of rice under " The Land Rules, 1904," the terms of
the notice published under this section shall prevail.
630
No. 42 OF 1918.
Where rice land
not cultivated
by owner.
Requisitioning
labour from
employers
for cultivation
of wet rice.
(v) Any OA\Tier of rice land who fails to comply with the terms
of any notice published under this section shall, in the absence of
reasonable excuse, be liable to the penalty prescribed by Section 35.
8. (i) If within ten days from the time prescribed under Section 7
for commencing to clear rice fields the owner of any alienated rice
land does not make a bond fide commencement to clear the same or
if having made a commencement he does not continuously and
seriously proceed with the cultivation of such rice land, the Deputy
Director may cause such rice land to be cultivated at the expense of
the Government or may authorize any other person to cultivate such
rice land on such terms as may be agreed upon and in either such
case shall serve a notice on the owner of such rice land requiring
him to permit the same to be so cultivated.
(ii) Where alienated rice land is cultivated, as provided in sub-
section (i), at the expense of the Government, the resulting rice crop
shall be the property of the Government, and where such rice land is
cultivated by any other person authorized in that behalf under the
said sub-section the resulting rice crop shall be the property of that
person, and the owner of the land shall in neither case have any
interest in such crop.
(iii) The Director shall cause to be paid to the owner of the said
land an amount equal to the amount (if any) paid by such owner as
rent or water rate thereon in respect of the period during which he is
deprived of the use of such land.
(iv) Any person who interferes with the cultivation of rice land at
the expense of the Government or by an authorized person, as
provided in sub-section (i), or with any crop growing thereon or
obstructs or attempts to obstruct any person engaged in such culti-
vation shall be guilty of an offence and liable on conviction to
imprisonment of either description for a term not exceeding "three
months or to a fine not exceeding five hundred dollars or to both
such imprisonment and fine.
9. (i) Where the Deputy Director decides that any alienated rice
land shall, under the provisions of Section 8 (i), be cultivated at
the expense of the Government, he may require any person having
the control of any labourers who reside ordinarily at a distance of
not more than five miles, by direct measurement, from such rice land
to place at the disposal of the Deputy Director a stated number of
labourers for the purpose of such cultivation, and such person shall
forthwith comply with such requisition ; provided that no person
shall be required to place at the disposal of the Deputy Director
under this section more than ten per cent, of the total number of
labourers under his control who reside ordinarily %\dthin such distance
as aforesaid of the rice land to be cultivated,
(ii) Wages earned by labourers whilst placed at the disposal of a
Deputy Director under this section shall be paid by the Deputy
Director.
(iii) Any person who omits to comply with a requisition made by
a Deputy Director under this section shall be guilty of an offence
and liable on conviction to a fine not exceeding five hundred dollars
FOOD PKODUCTION.
631
and, in addition, to a fine of twenty-five dollars for each day during
which such omission continues.
10. (i) Where the Deputy Director decides that any alienated Requisitioning
rice land shall, under the provisions of Section 8 (i), be cultivated at Ifnempioyed^for
the expense of the Government, he may require any person, who is ^'^'^''^^^JJ^'"'* °^
in his opinion unemployed or not fully employed, to labour on such
rice land.
(ii) Persons who labour in pursuance of such requisition shall be
entitled to receive from the Deputy Director wages a.t such rates as
may be fixed from time to time by the Director after consultation
with the Resident.
wet rice.
cultivated at the expense of the Government under the provisions of QoverD*^'"'' ^^
nment.
Bonuses for
diligence and
energy in culti-
vating rice.
Forfeiture of
rice land for
persistent
failure to
cultivate.
11. The proceeds of the sale of rice harvested on alienated land Proceeds of
iltivated at the expense of the Government under
Section 8 (i) shall be paid to the credit of the Fund
12. The Director, after consultation with the Resident, may
grant bonuses to owners of rice lands who have shewn great diligence
in cultivating the same and to Malay headmen who display excep-
tional energy in promoting the cultivation of rice.
13. (i) If any person shall for three successive seasons fail to
cultivate or to cause to be cultivated any rice land owned by him or
any part thereof, the Resident may require him to shew cause why
such rice land should not be forfeited to the State and may, if after
such enquiry as he thinks fit he is satisfied that there was no reason-
able excuse for such failure to cultivate, make, notwithstanding
anything in any other Enactment contained, an order in writing
under his hand declaring such rice land forfeited to the State and may
dispose thereof, in such manner as he thinks fit, for cultivation.
(ii) Where the Resident makes an order of forfeiture under this
section, he shall certify under his hand and official seal the terms of
the order and the particulars of the document or documents of title
under which the land was held, and the Registrar of Titles or
Collector, 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
certificate record in the said Register the forfeiture effected by the
order and shall file such certificate.
(iii) A copy of the order made by the Resident shall also be served
on the person wkose land is thereby declared forfeited, and he shall
thereupon deliver up his document of title, if any, for the said land
to the Collector to be cancelled.
(iv) Any person aggrieved by an order of forfeiture made by the
Resident under this section may appeal to the Court of a Judicial
Commissioner. For the purposes of such an appeal the procedure
prescribed for appeals to the said Court from Courts of Magistrates
shall, subject to necessary modifications, apply and the Resident by
whom the order appealed against was made, or such public officer
subordinate to the said Resident as he may appoint in that behalf,
shall be the respondent. Costs payable by the respondent in any
such appeal shall be defrayed from the Fund. The decision of the
Court of a Judicial Commissioner shall be final and there shall be no
appeal therefrom.
632
No. 42 OF 1918.
Meaning of
" cultivation."
14. In the six last preceding sections " cultivation," with its
grammatical variations and cognate expressions, means cultivation
with wet rice.
CULTIVATION OF FOODSTUFFS GENERALLY.
Order to grow
foodstuffs on
land other than
rice land.
E. 13 of 1919.
Cultivation of 15. Notwithstanding anything contained in any written law to
stuffs on°fand the Contrary or the terms or conditions, expressed or implied, in any
alienated for the grant or Government lease or other title, the owiier of land alienated
wet rice. for the purpose of the cultivation of wet rice may, after harvesting
the rice crop, use such land or permit the same to be used for growing
vegetables or other foodstuffs, provided that no foodstuffs shall be
grown the grooving whereof would interfere Avith the cultivation of
one crop of Avet rice annually.
16. (i) The Director may by order under his hand
(a) require the owner of any specified land which is or can be
made suitable for the production of foodstuffs to cultivate
with foodstuffs generally, or with any particular kind or
kinds of foodstuffs, such proportion of his land, not being
rice land, as may be stated in the order ;
(b) prescribe the various kinds of foodstuffs the cultivation of
any of which will amount to a compliance with an order
under paragraph (a) to cultivate foodstuffs generally.
(ii) No owner of land shall by reason of any order made under
this section to cultivate land with any foodstuff other than rice be
bound to grow in any year more of such foodstuff than can be con-
sumed as food in the course of a year by the labourers and other
persons employed or resident upon his land.
(iii) Every order made under this section shall be served in the
manner 'prescribed by Section 37.
(iv) Where default is made without reasonable excuse in complying
with an order duly served under this section, the Director shall report
such default to the Chief Secretary to Government, ivho shall thereupon
have the same powers as if the land in respect whereof the said default
has been made were a place of employment with regard to which a report
had been furnished by the Controller of Labour to the Chief Secretary to
Government under Section 221 (ii) of " The Labour Code, 1912," and
Sections 221 and 222 of the said Code shall apply accordingly.
(v) Nothing in this section applies to land situate within a
Sanitary Board area.
16a. (i) The Director or the Deputy Director may by order under
his hand served in the prescribed manner require any owner of land to
furnish to him in writing true information as to
(a) the total area of land under the control or management of such
owner, and where such land is held under more than one
document of title the area held under each several document of
title ;
(6) the total area of land under the control or management of such
owner which is cultivated with rubber or coconuts ;
()blii,'ation to
furnish
information.
E. 13 of 1919.
FOOD PRODUCTION.
633
Taking over by
Government of
uncultivated
land for
growing
(c) the total area of land under the control or management of such
owner which is cultivated with foodstuffs other than coconuts ;
(d) the nature of the foodstuffs with which the land under the control
or management of such owner is cultivated, the area thereof
which is cultivated with any one kind of such foodstuffs to the
exclusion of other kinds, and the area thereof which is culti-
vated with mixed crops of foodstuffs including particulars as
to the kinds of foodstuffs comprised in such mixed crops ;
(e) the number and race of the labourers employed on the land which
is under the control or management of such owner.
(ii) Every owner of land to whom an order under this section is
addressed shall furnish, within fourteen days from the date of the service
of the order, to the Director or the Deputy Director, according to the
tenor of the order, the information thereby required to be furnished ;
and every such owner shall be deemed, for the purposes of Section 177
of the Penal Code, to be legally bound to furnish the said iyiformation.
17. (i) The Director may require any owner of land which is
suitable for the production of foodstuffs and is not being cultivated
to place such land at the disposal of the Government for the cultiva-
tion of rice or any other foodstuffs, and the owner thereof shall foodstuffs,
forthwith comply with such requisition.
(ii) The owner of land so placed at the disposal of the Government
shall be entitled to receive from the Director such compensation as
the Director considers fair.
(iii) Nothing in this section applies to land situate within a
Sanitary Board area.
18. (i) For the purpose of cultivating with foodstuffs any land Requisitioning
placed, or required to be placed, at the disposal of the Government empioyers'for
under Section 17 or any State land the Director may require any '^^'^^11^^^^°^
employer of labourers to place at the disposal of the Government
a stated number of such labourers, not exceeding ten per cent, of the
total number of such labourers, and the employer shall forthwith
comply with such requisition.
(ii) The Director shall pay to the employer of such labourers
the wages earned by them while so placed at the disposal of the
Government.
(iii) Any person who omits to comply with a requisition made by
the Director under this section shall be guilty of an offence and liable
on conviction to a fine not exceeding five hundred dollars and, in
addition, to a fine of twenty-five dollars for each day during which
such omission continues.
19. (i) The Director may require any person who is in his opinion
unemployed or not fully employed to labour on any land cultivated
or in course of cultivation by or on behalf of the Government for the
production of foodstuffs.
(ii) Persons who labour in pursuance of such requisition shall be
entitled to receive from the Director wages at such rates as may be
fixed from time to time by the Director after consultation with the
Resident.
Requisitioning
labour of the
unemployed for
cultivation of
foodstuffs.
634
No. 42 OF 1918.
Penalty for
refusal of
unemployed
person to labcur
as required.
20. If any person required under Section 10 or Section 19 to
labour refuses or omits ^Wthout reasonable excuse to comply with
such requisition, he shall be guilty of an offence and liable, on convic-
tion, for the first offence to a fuie not exceeding twenty-five dollars
and for a second or subsequent offence to imprisonment of either
description for a term not exceeding six months or to a fine not
exceeding one hundred dollars or to both such imprisonment and
fine.
General 21. (i) The High Commissioner may at any time by notification
liability to published in the Gazette declare that it is necessary in the public
labour imposed interests that all able-bodied labourers
by declaration
of High (a) in the Federated Malay States, or
Commissioner.
(6) in any State or States or part of any State or States,
according to the terms of the notification, be liable to be required to
work under the direction of the Director at cultivation or harvesting
of foodstuffs.
(ii) On and after the publication of a notification under sub-
section (i) the Director or Deputy Director may, by notices publicly
placarded or served upon the persons affected thereby or by other-
wise notifying such persons in such manner as may be prescribed,
require all or any persons within the area to which the declaration of
the High Commissioner relates who are in his opinion capable of
performing agricultural labour to perform such labour at such place
within the said area as the Director or Deputy Director directs,
and every such person so notified shall forthwith comply with the
said requirement ; provided that
(a) no person shall be bound to travel more than three miles
on any one journey in order to comply with the said
requirement, unless means of transport are provided for
him ;
(6) no Malay shall be bound to perform labour other than in
connection with the cultivation or harvesting of rice.
(iii) Persons performing labour in pursuance of a requisition
under this section shall be entitled to receive from the Government
wages at such rates as may be fixed from time to time by the
Director.
(iv) No declaration by the High Commissioner under sub-section
(i) shall remain in force for a period exceeding twelve months from
the date of the publication thereof ; but if at any time when such
declaration is in force the High Commissioner is of opinion that the
necessity continues, he may from time to time renew such declaration
for another period not exceeding twelve months, and such renewal
shall be published and have effect as the original declaration ; and if
at any time when such declaration is in force the High Commissioner
is of opinion that the said necessity has ceased, either generally or as
regards any particular area or areas, he shall by notification pub-
lished in the Gazette declare such opinion, and thereupon the obliga-
tion to labour imposed by this section shall cease either generally or
as regards the particular area or areas to which the said opinion of
the High Commissioner is expressed to relate, as the case may b^.,
FOOD PRODUCTION. 635
(v) The High Commissioner may, if he thinks fit, delegate to the
Director any of his powers under this section and may at any time
revoke any such delegation.
CULTIVATION WITHIN SANITARY BOARD AREAS.
22. (i) The Director or Deputy Director may, after consultation compuisoir
with the Chairman of the Sanitary Board, within sanitary
Board areas.
(a) require the oAvner of any land suitable for the production
of foodstuffs which is situate within a Sanitary Board area
to cultivate such land with foodstuffs, or
(6) after notice to the owner and opportunity given to the
owner to shew cause against the grant of a permit under
this section grant to any person a written permit to occupy
such land for the purpose of cultivating it with foodstuffs
on such terms as may be fixed by the Director ;
provided that
(1) no person shall by virtue of any such permit be
entitled to cultivate on the land occupied there-
under any plant which requires more than one year
to arrive at maturity, or to erect on the said land
any building other than a temporary hut for his own
occupation ;
(2) any person who has occupied land by virtue of any
such permit shall on the termination of his occupa-
tion be entitled to remove from the said land any
building erected by him thereon and any other
thing thereon which belongs to him ;
(3) no such permit shall be transferable.
(ii) Every person required under paragraph (a) of sub-section (i)
to cultivate land shall forthwith comply with such requisition ;
provided that no person shall be bound to destroy existing cultiva-
tion in order to comply therewith.
(iii) Every permit granted under this section shall be for a period
not exceeding one year but may at the discretion of the Director or
Deputy Director be renewed on the expiration thereof ; provided
that if written notice shall have been given by the registered owner of
the said land to the Director or Deputy Director that he requires
the land for the purpose of building thereon and the Director or
Deputy Director has no reason to doubt that such notice is given
in good faith, renewal of the permit shall either be refused or if
granted shall be granted for such period only as may be necessary
for the removal of any growing crop.
(iv) Where renewal of a permit is refused and the person who has
been in occupation of land thereunder is by reason of such refusal
prevented from removing any crop from such land, such person shall
be entitled to receive from the Director or Deputy Director such
sum as the Director or Deputy Director thinks reasonable by way
of compensation.
636
No. 42 OF 1918.
Rubber not to
be planted
within Sanitary
Board areas.
Rubber not to
be planted
amontj coconut
palms or fruit
trees.
(v) The registered owner of any land occupied in pursuance of
a permit granted under tliis section shall not be entitled to any rent
or compensation in respect of such occupation, but the Director shall
pay to him an amount equal to the amount (if any) legally payable
and paid by him on account of rates imposed under the provisions of
any Enactment, or of land rent, in respect of the land so occupied
and relating to the period of such occujiation.
23. (i) No rubber plantation shall after the commencement of
this Enactment be formed within any Sanitarj^ Board area without
the approval of the Sanitary Board given with the sanction of the
Resident.
(ii) For the purposes of this section a rubber plantation shall
be deemed to be formed wherever more than ten rubber plants or
trees are planted in an area of one acre.
(iii) Any person who contravenes the provisions of this section
shall be guilty of an offence and liable on conviction to a fine not
exceeding five hundred dollars ; and the Court before which the
conviction is had shall make an order requiring the owner of the land
whereon such contravention has taken place to remove therefrom
or destroy such and so manj" of the rubber plants and trees on the
said land that there shall remain not more than ten such plants and
trees in any one acre thereof.
(iv) If the owner shall fail to comply with such order within
seven days from the date when the same is made, the Chairman
of the Sanitary Board may cause such removal or destruction of
plants and trees from and on the said land to be effected as shall
accord with the order and may recover the cost of such removal and
destruction from the owner of the said land.
PRESERVATION OF FRUIT TREES.
24. (i) No rubber plant or tree shall after the commencement of
this Enactment be planted among coconut palms or other fruit trees
the fruit whereof is used for, or suitable for, human consumption.
(ii) No owner of land whereon rubber plants or trees have before
the commencement of this Enactment been planted among coconut
palms or other fruit trees the fruit whereof is used for, or suitable
for, human consumption shall destroy such coconut palms or other
trees.
(iii) Any owner of land who contravenes, or permits contravention
of, the provisions of this section shall be guilty of an offence and
liable, on conviction, to a fine not exceeding one hundred dollars ;
and the Court before which an owner of land is convicted of contra-
vening sub-section (i) shall make an order requiring him to remove
forthwith all rubbf-r plants and trees on his land planted in contra-
vention of that sub-section.
Setting apart of
State land for
prowintr
vegetables,
bananas, and
sugar cane.
VEGETABLE GARDENS AND GRAZING GROUNDS.
25. (i) In each State the Resident shall select and set apart for
the cultivation of vegetables such areas of State land in or near
every town and village and either within or without the Sanitary
FOOD PRODUCTION.
637
Board area, if any, thereof as he may deem adequate to produce a
sufficient supply of vegetables for the present and future population
of such town or village and shall notify in the Gazette, with express
reference to this section, the boundaries of each area so selected
and set apart.
(ii) No notification under this section shall be varied or rescinded
except with the approval of the Chief Secretary.
(iii) No land included within boundaries notified under this
section shall, until by variation or rescission of such notification it
has ceased to be included within boundaries notified under this
section, be used or disposed of otherwise than for the purpose of
the cultivation of vegetables, bananas, and sugar cane or be occupied
for the said purpose except under a temporary occupation license
in that behalf issued by the Collector under " The Land Rules, 1904,"
subject to such modification, if any, of the form prescribed by the
said Land Rules as the Resident may direct.
(iv) No person shall on any land included within boundaries
notified under this section
(a) plant or cultivate any coconut or other palm, fruit tree, or
rubber tree or any thing other than vegetables, bananas,
and sugar cane ;
(6) use as manure any human ordure, unless converted into
poudrette ;
(c) erect, except with the written permission of the Collector,
any building,
26. (i) In any State the Resident may select and set apart areas setting apart of
of State land near towns and villages for the purpose of grazing f^azfn^"'^ ^'^^
cattle, sheep, and goats thereon and may at pleasure annul any
such selection and setting apart. The setting apart of any area
under this section, and any annulment thereof, shall be notified by
notices publicly placarded and in such other manner, if anj', as
the Resident may direct.
(ii) The Collector may issue licenses to graze cattle, sheep, and
goats, on land set apart under this section and to erect buildings
thereon ; provided that no such license shall authorize the erection
of any building other than dairies, shelters for animals, and dwellings
for persons in charge of animals.
(iii) No person shall on any land set apart under this section
(a) graze any animal or erect any building, except under and
in accordance with a license in that behalf from the
Collector ;
(&) keep or allow to be kept any pig.
(iv) All manure on land set apart under this section shall be the
property of the Government and shall be reserved for sale, at prices
to be fixed by the Director, to persons cultivating vegetables.
PURCHASE OF PADI AND ADVANCES ON CROPS.
27. (i) The Director may, with the approval of the Chief Secre- mcefor
tary, fix, by notification in the Gazette, the price at which rice in ^^athy^ °^
the husk, commonly called 'padi, which has been gro\vn in the i^'rector.
638
No. 42 or 1918.
Advances
against crop.
Power to
prohibit the
making of
liquors from
rice.
Annual rate
Imposed.
Federated Malay States, will be purchased by the Director, and all
such rice tendered for sale to the Director at the price so fixed shall
be purchased by the Director.
(ii) Such price may be fixed for one season's crop or for any term
not exceeding five years and may be expressed to apply generally
throughout the Federated Malay States or only in respect of jpadi
grown in any particular State or local area.
28. (i) The Director may authorize advances of money from the
Fund on the security of crops of foodstuffs.
(ii) No person who has received an advance from the Fund on
the security of any crop of "padi shall, without written permission
in that behalf from the Director or a Deputy Director, dispose of
such crop to any person other than the Director or a person
nominated by the Director.
*
(iii) Any person who contravenes the provisions of this section
shall be guilty of an offence and liable on conviction to imprisonment
of either description for a term not exceeding three months or to a
fine not exceeding five hundred dollars or to both such imprisonment
and fine.
USE OF RICE.
29. (i) The Chief Secretary may by order published in the Gazette
prohibit the use of rice, or any class of rice, for the making of
samshu or any other alcoholic liquor or for any purpose save food
for man.
(ii) Any person who contravenes such order shall be guilty of an
offence and liable on conviction to imprisonment of either descrip-
tion for a term not exceeding three months or to a fine not exceeding
five hundred dollars or to both such imprisonment and fine.
(iii) Notwithstanding any order under sub-section (i), any person
licensed by the Government to distil or manufacture any liquor
from rice may, so long as such licence remains in force, use for such
distillation or manufacture such class of rice as may be directed by
the Chief Secretary.
ANNUAL RATE.
30. (i) Subject to the exemptions hereinafter provided for, an
annual rate is hereby imposed on all alienated lands in the Federated
Malay States for the purpose of meeting the cost of carrying out
the provisions of this Enactment and shall be payable, without
demand, on the dates hereinafter prescribed, by the registered
oA\ncrs of such lands or in any case where the registered owner
cannot be found or makes default by the person, if any, in occupa-
tion or having the charge, management, or control thereof, either
on his own account or as agent of another person.
(ii) The said rate shall not exceed ten cents per acre per annum
and shall be fixed annually by the Director with the iapjiroval of
the Chief Secretary and shall be notified in the Gazette and shall
be payable on the 1st day of January of the year following that
in respect whereof it is payable.
FOOD PRODUCTION. 639
(iii) Except as may be otherwise provided by rule under Section
38, all amounts which shall have accrued due in respect of the said
rate may be recovered in the manner provided in Part VI of " The
Land Enactment, 1911," for the recovery of rent.
31. The rate imposed by this Enactment shall not be payable in Exemptions
„„, „■ F from rate.
respect oi
(a) land cultivated, during the year whereto the rate relates,
Avith wet rice ;
(&) so much of the land of any owner who has, during the
year whereto the rate relates, cultivated any part of his
land with rice as is equal in acreage to twice the area of
the land so cultivated, provided that no rubber is planted
among the rice and that the exemption is expressly
claimed ;
(c) so much of the land of any owner who has, during the year
whereto the rate relates, cultivated any part of his land
with any foodstuff other than rice as is equal in acreage
to the area of the land so cultivated, provided that no
rubber is planted among the foodstuff and that the
exemption is expressly claimed ;
(d) land used for any religious or educational or charitable
purpose or for public recreation or for grazing cattle or
sheep or goats ;
(e) pleasure grounds, not exceeding ten acres in area, adjoining
and appurtenant to a dwelling-house ;
(/) land held under a document of title for an area not exceeding
five acres.
ARBITRATION BOARDS.
32. (i) For the purposes of this Enactment there shall be an Arbitration
Arbitration Board or Arbitration Boards, each consisting of not TO'rfst'ituted!^
less than five or more than seven members ; the members shall be
persons nominated in that behalf from time to time by the Chief
Secretary, and not more than half of the members of any Board
shall be salaried officers of the Government ; the Chairman of each
Board shall be a member nominated by the Chief Secretary to be
Chairman ; all nominations under this section shall be notified in
the Gazette.
(ii) Members of Arbitration Boards shall ordinarily retain their
membership thereof for a period of three yesirs but shall be at
liberty to resign their membership at any time.
(iii) Every such Board shall meet at such times and places as
the Chairman thereof apjjoints ; at any meeting of a Board three
members shall form a quorum.
(iv) The Chief Secretary may by notification in the Gazette declare
the area in respect of which any Arbitration Board may exercise
its functions under this Enactment ; and applications and appeals
under Section 33 in respect of any matter shall lie only to the
Board empowered to exercise its functions in respect of the area
within which such matter arose.
640
No. 42 OF 1918.
Applications
and appeals to
Arbitration
Boards.
Finality of
decisions of
Director and
other oflBcials.
General penalty
for breacli of
Enactment.
Penalty for
breach of rules.
Service of
notices and
orders.
(v) The decision of a Board of Arbitration on any application or
appeal made or brought to it under the provisions of this section
and of Section 33 shall be final and shall not be called in question
in any Court.
(vi) A Board of Arbitration may in its discretion allow a
reasonable sum for the costs of any appeal brought to it under the
provisions of this section and of Section 33 but shall not allow
any sum in respect of fees of any advocate or solicitor.
33. (i) Any person required to place labourers at the disposal
of the Government under Section 9 or Section 18 may apply to the
Arbitration Board for compensation for any loss caused to him by
his being deprived of the services of such labourers, and the Board
may, if satisfied that loss has been so incurred, award such com-
pensation as to it appears reasonable.
(ii) Any person dissatisfied with the rate of wages fixed by the
Director under any section of this Enactment may appeal to the
Arbitration Board, and the Board may order the payment of
the wages at a different rate, and the wages shall thereupon be
payable at the rate ordered by the Board as from the date from
which the rate fixed by the Director took, or was intended to take,
effect.
(iii) Any person dissatisfied with the amount of any compensation
paid to him on the estimate of the Director under this Enactment
may appeal to the Arbitration Board, and the Board may award
such compensation as to it appears reasonable.
OFFICIAL DECISIONS.
34. Except as otherwise expressly provided by this Enactment,
the decision of the Director or Deputy Director or of any other
person exercising any function under this Enactment shall be final
and shall not be called in question in any Court.
GENERAL PENALTIES.
35. Any person offending against the provisions of any section
of this Enactment for breach whereof no penalty is otherwise by
this Enactment provided shall be liable, on conviction, 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 two months.
36. Any person offending against the provisions of any rule
made under this Enactment shall be liable, on conviction, 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 two months.
MISCELLANEOUS.
37. Subject to the provisions of any rule made under Section 38
relating to the mode of service or publication of notices, notices and
orders issued and made in any State under this Enactment may
be served in manner following :
(a) if the person on whom service is to be effected be within
such State, the notice or order may be delivered to him
FOOD PRODUCTION, 641
or left with some adult member of his family (other than
a servant) residing A\dth him within such State ;
(6) if the person on whom service is to be effected have an
agent within such State duly authorized by power of
attorney to accept service on his behalf, the notice or
order may be delivered to such agent ;
(c) if service cannot be effected in the manner described in
clause (a) or clause (6) of this section, the notice or order
may be sent by registered post addressed to the person
on whom service is to be effected at his residence in any
part of the Federated Malay States or the Colony ;
{(l) where service is to be effected on a corporation, the notice
or order may be
(1) left at the registered office (if any) of the corporation
within such State ;
(2) delivered to any director, secretary, or other principal
officer of the corporation mthin such State or to
any person withm such State duly authorized by
power of attorney to accept service on behalf of
the corporation, or to any person having, on behalf
of the corjjoration, powers of control or manage-
ment over the land to which the notice or order
relates ;
(3) sent by registered post addressed to the corporation
at its principal office wherever situate ;
(e) if service camiot be effected in accordance with the preceding
clauses of this section, the notice or order may be put up
in a conspicuous position on the land to which it relates.
38. The Chief Secretary may from time to time make rules for Euies.
fully and effectually carrying out and giving effect 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.
Such rules may provide for
(a) the mode of service or publication of any notice or order
issued under the provisions of this Enactment or of any
rule made thereunder ;
(6) prescribing the powers and duties of the Director and of
Deputy Directors ;
(c) prescribing the fees, if any, to be paid for permits or licenses
under this Enactment ;
{(l) regulating the manner of collecting amounts accrued due
in respect of the rate imposed by this Enactment ;
(e) regulating the proceedmgs of Boards of Arbitration ;
(/) prescribing the forms to be used under this Enactment ;
{g) all other matters connected with the enforcement of this
Enactment.
39. A paraphrase of the provisions of this Enactment shall be Translation of
translated into Malay, Chinese, and Tamil, and copies of such E"^='^°ient.
in— 41
642 No. 42 OF 1918.
translation shall be distributed for the information of Asiatic
cultivators in such manner as the Director may determine.
Provisions as to 40. (i) No action shall be brought against any person for any-
actions. thing donc 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 ;
{h) after the expiration of three months from the date of the
accrual of the cause of action ;
(c) after tender of sufficient amends.
(ii) In every action so brought it shall be expresslj'^ alleged that
the defendant acted either maliciouslj'^ 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 the action.
ENACTMENT NO. 2 OF 1919.
An Enactment to empower the High Commissioner to
delegate statutory powers.
Arthur Young,
President of the Federal Council.
[8th May, 1919.
21st May, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Delegation of Powers sh ort title and
Enactment, 1919," and shall come into force on the publication commencement.
thereof in the Gazette.
2. The High Commissioner may, if he thinks fit, from time to Delegation of
time by notification in the Gazette delegate to the Chief Secretary p^^^''^-
to Government, or to any officer named in the notification who
holds, or is acting temporarily in, the office of Chief Secretary to
Government, any power vested m the High Commissioner by any
AVTitten law, and may at any time by notification in the Gazette
revoke any such delegation.
3. Anything done, in exercise of a power delegated under Section Exercise of
2, by the officer to whom such power is delegated shall have the
same force and efiect as if it were done by the High Commissioner.
powers.
4. No delegation of any power under this Enactment shall affect Exercise of
the exercise by the High Commissioner of such power. notwuh-
standing
delegation.
643
ENACTMENT NO. 3 OF 1919.
An Enactment relating to Change of Names.
Short title and
commence-
ment.
Change of name
from that used
on 4th August,
1914,
prohit)ited.
Arthur Young,
President of the Federal Council.
[8th May, 1919.
21st May, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment rnay be cited as " The Change of Names
Enactment, 1919," and shall come into force on the publication
thereof in the Gazette.
2. (i) Any person who, not being a natural born British subject
or a subject of the Ruler of any of the Federated Malay States,
for any purpose assumes or uses, or purports to assume or use, or
contmues after the first day of June, 1919, the assumption or use
of, any name other than that by which he was ordinarily known
on the 4th day of August, 1914, shall be guilty of an offence against
this Enactment.
(ii) Where any such person as aforesaid carries on, or purports
or continues to carry on, or is a member of a partnership or firm
Avhich carries on, or which purports or continues to carry on, any
trade or busmess in any name other than that under which the
trade or business was carried on on the 4th day of August, 1914,
lie shall for the purpose of this Enactment be deemed to be using,
or purporting or continuing to use, a name other than that by
which he was ordinarily known on the 4th day of August, 1914.
(iii) The Chief Secretary to Government may, if it appears
desirable in any particular case, grant an exemption from the
provisions of this Enactment.
(iv) For the purposes of this Enactment every Asiatic born
within a State which is one of the Federated Malay States shall be
deemed to be a subject of the Ruler of such State.
(v) Nothing in this Enactment shall —
{a) affect the assumption or use, or continued assumption or
use, of any name in pursuance of a License granted by
His Britannic Majesty ; or
{h) affect the continuance of the use, until the decision of the
Chief Secretary to Government has been given, of a
name in respect of which an application for exemj^tion
is made before the first day of June, 1919 ; or
(c) prevent the assumption or use by a married woman of her
husband's name ; or
G44
CHANGE OF NAMES. 645
(d) apply to any woman who, having been born a British
subject but having by marriage lost her British nationality,
has been granted a certificate of naturalization as a
British subject ; or
(e) affect the assumption or use by an Asiatic of any name
assumed or used in accordance with the general practice
or usage of persons of his race, class, or faith.
3. Any person guilty of an offence against this Enactment shall Penalty,
be liable on conviction before the Court of a Magistrate of the
First Class to be sentenced by such Court to a fine not exceeding
one thousand dollars or to imprisonment of either description for
a term which may extend to six months or to both such fine and
imprisonment.
ENACTMENT NO. 5 OF 1919.
As amended by Fed. E, 8 of 1920.
An Enactment to repeal and re-enact with amendments
Enactment No. 5 of 1909, being an Enactment to
provide for the control of dealings in Cultivated
Eubber.
Aethttr Young,
President of the Federal Council.
[8th May, 1919.
21st May, 1919.]
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 Rubber Dealers
Enactment, 1919," and shall come into force on the publication
thereof in the Gazette.
(ii) Upon the coming into force of this Enactment the Enact-
ments specified in Schedule A shall be repealed ; provided that all
appointments made, licenses issued, and acts of registration effected
under any Enactment hereby repealed which were in force immedi-
ately prior to the commencement of this Enactment shall, so far
as they are not inconsistent with the provisions of this Enactment,
be deemed to have been made, issued, and effected under this
Enactment.
(iii) None of the provisions of this Enactment relating to
cultivated rubber shall apply to the seeds or stumps of cultivated
rubber.
2. In this Enactment —
" Cultivated rubber " includes the leaves, bark, latex, and any
other produce of any plant or tree on alienated land yielding rubber
or gutta percha in any form ;
" License " means a license under this Enactment, and " licensee "
means the person to whom a license is given ;
" Licensed dealer " means a licensee holding a license to purchase
cultivated rubber ;
" Licensing Officer " means the District Officer in every district,
and includes in districts where there is no District Officer such person
as the Resident of the State may, by notification in the Gazette,
appoint in that behalf ;
" Treat," with its grammatical variations and cognate expressions,
means bo subject to any process whatsoever.
646
RUBBER DEALERS.
647
3. No person shall, unless duly licensed in that behalf
(a) purchase any cultivated rubber ;
Prohibition of
purchase,
treatment, or
storage except
(o) keep any factory or place for the purpose of treating culti- under licease.
vated rubber ;
(c) keep any house, store, shop, or place for the purpose of
purchasing or storing therein any cultivated rubber other
than such as has been grown or produced on land in his
own occupation.
Provided that every license to purchase cultivated rubber shall
include the right to keep a house, store, shop, or place for the
purchase or storage thereof, and also to keep a factory or place for
the treatment thereof, and that every license to keep a factory or
place for the treatment of cultivated rubber shall include the right
to keep a house, store, or place for the storage thereof.
4. (i) A license to store and treat cultivated rubber may be Form and
issued by the Licensing Officer upon application and payment of fj^ense?^
a fee of one dollar and shall be substantially in the form of
Schedule B.
(ii) A license to purchase cultivated rubber may be issued by
the Licensing Officer upon application and payment of a fee of
one hundred dollars and shall be substantially in the form of
Schedule C ; but no such license shall be issued until the applicant
therefor shall have entered into a bond with sureties conditioned
for the due performance of the obligations imposed upon a licensee
by this Enactment. Every such bond shall be for such sum and
in such form as the Resident of the State, with the approval of the
Chief Secretary to Government, may from time to time prescribe.
(iii) Every license shall expire on the 31st day of December of
the year in respect of which it is issued and shall be valid only for
the place and purpose specified therein.
(iv) No licensee shall transfer or attempt to transfer Ms license or b. 8 of 1920.
authorize any other person to exercise any right or privilege under the
license.
Nothiyig in this sub-section shall apply to a bona fide agent or
servant performing any act authorized by the license on behalf of the
licensee.
(v) Whenever any licensee would be liable under the provisions of
this Enactment or of any rules made thereunder to any fine or forfeiture
for any act, omission, neglect, or default, he shall be liable to the same
fine 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 licensee.
Nothing in this sub-section shall be construed as relieving any
such agent or servant from any fine or forfeiture to which he would
otherioise be liable.
5. (i) The Licensing Officer may refuse to issue or renew a power to refuse
license to any person for reasons to be stated by him in writing, if *° '^®"® hcense.
so required by the applicant or licensee.
648
No. 5 OF 1919.
Power to cancel
license.
Duties of
licensee.
(ii) The Licensing Officer may, with the approval of the Chief
Secretary to Government, refuse a license to any person who is the
agent of or is under any obligation or agreement to act for any
individual, corporation, or combination which he is satisfied is
attempting or about to attempt to secure control of the output of,
or the market for, any cultivated rubber.
6. (i) The Licensing Officer may cancel any license at any time
ujjon the conviction of the licensee of any offence under this Enact-
ment or on any charge involving fraudulent dealing.
(ii) If the Chief Secretary to Government, with the approval of
the High Commissioner, shall certify that he is satisfied that any
licensee is acting "with a view to enable himself or any individual,
corporation, or combination to secure control of the output of, or
the market for, any cultivated rubber, it shall be the duty of the
Licensing Officer, on receiving mstructions in that behalf from the
Chief Secretary to Government, to cancel the license of such licensee.
7. (i) Every licensee shall keep his license posted in a conspicuous
place in the building or place licensed and shall allow at all times
the inspection of such building or place by the- Licensing Officer
or any Magistrate or any officer of the Land Department or
Agricultural Department or any police officer not below the rank
of Inspector.
(ii) No licensed dealer shall purchase cultivated rubber elsewhere
than at the place where his license is posted, unless he purchase the
same at an auction sale conducted by an auctioneer licensed under
the provisions of " The Auction Sales Enactment, 1905," of the
State wherein the sale is held or by a public officer acting under the
order of a competent Court or by a Collector of Land Revenue in
exercise of the powers vested in him by Part VI of " The Land
Enactment, 1911."
(iii) Every licensee shall, on the demand of any such officer as is
mentioned in sub-section (i), produce for inspection all cultivated
rubber on his premises.
(iv) Any such officer as aforesaid may enter any licensed place,
and may search any such place if he has reason to believe that
cultivated rubber is secreted therein in breach of the provisions of
sub-section (iii).
^^ic^e^nsees- books 8. (i) Every licensee shall keep books of account in which sliall
be entered day by day the following particulars concerning all
purchases, sales, shipments, and other consignments of cultivated
rubber :
(a) the date of purchase, sale, or consignment ;
(6) the name and address of the purchaser, seller, or consignee ;
(r) the weight and description of the cultivated rubber pur-
chased, sold, or consigned ;
(d) the i)rice, in cases of purchase or sale ;
(e) the number and description of the title to the land on w Inch
the cultivated rubber Avas grown or produced.
Entry and
scarcii.
RUBBER DEALERS. 649
(ii) Every licensee shall, on the demand of any such officer as is
mentioned in sub-section (i) of Section 7, produce for inspection all
books kept by him under the provisions of this section and allow
copies to be made thereof.
(iii) Every such book shall be preserved by the licensee for one
year from the date of its last being used for the making of an entry
therein.
9. (i) Every auctioneer who shall sell at an auction sale any Auctioneers*
cultivated rubber shall keep books of account in which shall be |j^°°^ujj°^
entered day by day particulars similar to those which are required
by sub-section (i) of Section 8 to be entered in the books of a licensee
who shall sell cultivated rubber, and the provisions of sub-sections
(ii) and (iii) of Section 8 shall apply to every such auctioneer as
though he were a licensee. "
(ii) Every auctioneer sha-ll deliver to every person who shall Auctioneer to
purchase cultivated rubber at an auction sale conducted by him lu'^hority?"
a written authority for the sale thereof which shall contain the
particulars prescribed in Section 10.
10. (i) No licensed dealer shall purchase any cultivated rubber written
except upon delivery to him by the vendor or, in the case of an saie^o"*^"*" ^""^
auction sale held under an order of Court, by the auctioneer of a consignment.
Avritten authority for the sale thereof.
(ii) No forwarding agent shall receive any cultivated rubber
except upon delivery to him by the consignor of a written authority
for the despatch thereof.
(iii) The A\Titten authority prescribed by this section shall
contain :
(a) the signature or chop of a licensed dealer and the number
of his license, or,
(6) the signature or cho'p of the person in lawful occupation of
the land on which the cultivated rubber was grown or
produced, or of his duly authorized agent, together with
the description and number of the title for such land
and the number of the certificate of registration relating
thereto prescribed by Section 12, or
(c) the signature, in the case of a sale of cultivated rubber
under an order of Court, of the auctioneer by whom such
sale was conducted,
(iv) Every licensed dealer and every forwarding agent who shall
receive a written authority as prescribed by this section shall
preserve the same and shall produce it on demand for the inspection
of any such officer as is mentioned in sub-section (i) of Section 7.
11. Every licensed dealer shall deliver to every person from Written
whom he shall purchase anj^ cultivated rubber a written memor- f?ompurch™er
andum bearing his signature or chop and the number of his license *« vendor-
and setting forth —
(a) the date of the purchase,
(b) the name of the vendor, and
(c) the weight and description of the cultivated rubber pur-
chased.
650
No. 5 OF 1919.
Cultivation of
rubber to be
registered.
Penalty for
breach of
Enactment.
Rules.
Such memorandum shall be preserved by the vendor and shall be
produced by him on demand for the inspection of any such officer
as is mentioned in sub-section (i) of Section 7.
Provided that nothing in this section shall be deemed to require
the delivery of any such memorandum in the case of the purchase of
cultivated rubber at an auction sale held under an order of Court or
by a Collector of Land Revenue.
12. (i) Every person who shall cultivate rubber on alienated land
shall during the month of January in every year, or if he commences
such cultivation after the commencement of this Enactment then
within one month after his so commencing and thereaiter during the
month of January in every year, give notice of such cultivation to
the officer in charge of the land office of the district in which such
land is situated, and shall furnish such information with respect to
the area under cultivation, the number of rubber trees thereon and
otherwise as such officer may require.
(ii) The said officer shall thereupon enter in a register to be kept
by him the information so furnished, making in serial order separate
entries for the respective titles to the land on which rubber is so
cultivated, and shall deliver to the cultivator a certificate under his
hand of such registration bearing a serial number corresponding to
the entry in the register ; provided that after the fiist registration
imder this section of the cultivation of rubber on any land the said
officer may at his discretion in any subsequent year, instead of
making a fresh entry in the said register of the cultivation of rubber
on such land and issuing a fresh certificate in respect thereof,
register the continued cultivation of rubber on such land by endorse-
ment under his hand on the previous entry in the said register
relating to such land and on the certificate corresponding thereto.
(iii) The certificate prescribed by this section shall be preserved by
the person to whom it is delivered under sub-section (ii), and shall
be produced by him on demand for the inspection of any such officer
as is mentioned in sub-section (i) of Section 7.
(iv) Any person who shall contravene the provisions of sub-
section (i) or sub-section (iii) shall be guilty of an offence and liable
on conviction to a fine not exceeding twenty-five dollars.
13. Except as provided in Section 12, any person who shall
commit any breach of the provisions of this Enactment shall be
guilty of an offence and liable on conviction to a fine not exceeding
one thousand dollars.
14. In any State the Resident may, with the approval of the Chief
Secretary to Government, make rules, not inconsistent with the
provisions of this Enactment,
(a) for further securing the effectual control of the sale, purchase,
storage, and disposal of cultivated rubber and the preven-
tion of fraud in connection therewith ;
{h) for regulating or controlling the methods of treatment of
cultivated rubber ;
(c) for prescribing the forms of books of account ;
RUBBER DEALERS.
651
Forfeiture of
rubber for
breach of rule.
Power to
prohibit
exportation of
rubber treated
in breach of
rule.
(d) generally for carrying into effect the provisions of this
Enactment ;
and such rules when published in the Gazette shall have the force of
law.
15. Any person who shall commit any breach of the provisions of Penalty for
any rule made under this Enactment shall be guilty of an offence and '"'®*°'' °^ ''"'^^"
liable on conviction to a fine not exceeding one hundred dollars, and,
when the breach is a continuing one, to a further fine not exceeding
ten dollars for every day during which such breach shall continue.
16. When a person is con\acted of a breach of any rule made under
this Enactment for regulating or controlling the methods of treat-
ment of cultivated rubber, any rubber treated or in course of being
treated in contravention of any such rule which may be found in the
possession of such person shall, if the Court before which the con-
viction is had so orders, be forfeited to the Government,
17. In any State the Resident may, with the approval of the Chief
Secretary to Government, prohibit by notification in the Gazette
either generally or subject to such exceptions and qualifications,
if any, as may be stated in the notification the exportation of
cultivated rubber in respect of the treatment whereof there has been
a breach of any rule made under this Enactment for regulating or
controllmg the methods of treatment of cultivated rubber.
18. AU prosecutions under this Enactment may be had before jurisdiction.
the Court of a Magistrate of the First Class, and such Court shall
have power to impose any penalty provided by this Enactment.
19. Except in the cases referred to in Section 5 (ii) and Section 6(ii),
any person aggrieved by any refusal or order of a Licensing Officer
under this Enactment or any rules made thereunder may appeal to
the Resident of the State in which such refusal or order was given or
made, and the decision of the Resident thereon shall be final ;
provided that no such appeal shall be admitted after the expiration
of sixty days from the date of the refusal or order appealed against.
20. (i) No action shall be brought against any person for 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 —
(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.
(ii) In every such action 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 be given for the plaintiff in any such
action, 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.
Appeal fi'om
Licensing
Officer to
Resident.
Protection of
officers
652
No. 5 OF 1919.
Schedule A.
ENACTMENTS REPEALED.
No. and year.
Short title.
5 of 1909 . .
19 of 1916 . .
28 of 1916 . .
The Federal Rubber Dealers Enactment, 1909
The Federal Rubber Dealers Enactment, 1909,
Amendment Enactment, 1916
The Federal Rubber Dealers Enactment, 1909,
Amendment Enactment, 1916 (No. 2)
Schedule B.
"THE RUBBER DEALERS ENACTMENT, 1919."
License to Treat.
License is hereby given to of at in the District
of to keep during the year 19. . the place hereunder specified
for the purpose of storing and treating therein cultivated rubber
according to the provisions of " The Rubber Dealers Enactment,
1919."
Description of place.
Fee $1.
Dated this day of .
19.
Licensing Officer.
Schedule C.
"THE RUBBER DEALERS ENACTMENT, 1019."
License to Purchase.
License is hereby given to of at in the District
of to purchase cultivated rubber, during the year 19..,
within the following area — that is to say and to keep the place
hereunder specified for the puri)ose of purchasing and storing and
treating therein cultivated rubber according to the provisions of
" The Rubber Dealers Enactment, 1919."
Description of place
Fee $100.
Dated this day of 19 . . .
Licensing Officer.
ENACTMENT NO. 9 OF 1919.
An Enactment to provide for the establishment of a
Bureau of Statistics and for the supply of information
thereto.
Arthur Young,
President of the Federal Council.
[8th Mcay, 1919.
21st May, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —
1. This Enactment may be cited as "The Bureau of Statistics short titio and
Enactment, 1919," and shall come mto force on the publication commencement.
thereof in the Gazette.
2. There shall be estabhshed in the Federated Malay States an Establishment
official Bureau of Statistics for the collection and preparation of gtaus"'^'^'^" °^
statistics relating to immigration, emigration, meteorology, agricul-
ture, mining, trade and commerce, importation, exportation,
production, stock of products in possession, manufacture, trans-
portation, and any other matters to which the Chief Secretary to
Government may from time to time by notification in the Gazette
apply the provisions of this Enactment. To all matters specified
in any such notification as aforesaid this Enactment shall apply as
it applies to the matters specified in this section.
3. The expenses mcurred, with the approval of the Chief Secretary Expense how
to Government, in the establishment and maintenance of the said ^°"^^-
Bureau of Statistics shaU be defrayed from the public revenues.
4. (i) For the purpose of collecting statistics the Chief Secretary supply of
to Government may, by notification m the Gazette, appoint, by name i"£o"'iation.
or office, persons to have authority to require particulars and
information to be furnished to them with reference to any matter to
which this Enactment applies. Any appointment made under this
sub-section may be revoked by the Chief Secretary to G o vernment
by notification in the Gazette.
(ii) Requisitions under this section shall be by notice in writing
served ujjon the person or corporation to whom or which the same is
addressed and shall specify the particulars or information required
and, subject to the provisions of any rule made under this Enact-
ment, may specify the form in which and the time within which they
are to be furnished and may require the same to be furnished
periodically at or within such time or times and in such form or
forms as are specified in the notice and may specify the place or
653
654
No. 9 OF 1919.
Prohibition
against
publishint;
individual
returns.
manner at or in which the same are to be delivered ; provided
that no particulars or information shall be required to be furnished
within a period of less than three months after the service of the
notice requiring the same.
(iii) No person shall be required or bound to furnish any
particulars or information other than such as are accessible to hi m in,
or derivable by him from, business, occupation, or work, carried on
in the Federated Malay States, in the conduct or supervision of
which he is engaged.
5. (i) No individual return of particulars or information, and no
part of an individual return, furnished, and no answer to any
question put, for the purposes of this Enactment shall, without the
previous consent in writing of the owner for the time being of the
undertaking in relation to which the return or answer was furnished
or given, be published, nor, except for the purposes of a prosecution
under this Enactment, shall any person not engaged in connection
with the collection or preparation of statistics under this Enactment
be permitted to see any such individual return or any such part of an
individual return.
(ii) Every person engaged in connection with the collection or
preparation of statistics under this Enactment shall be required to
make a declaration in the prescribed form that he will not disclose or,
except for the purposes of this Enactment, make use of the contents
of any such individual return or any such part of an individual
return, or any such answer as aforesaid ; and any person who
laiowingly acts in contravention of any declaration which he has so
made shall be guilty of an offence and liable on conviction to im-
prisonment of either description for a term not exceeding one year,
or to a fine not exceeding two thousand dollars, or to both such
imprisonment and fine.
(iii) It shall be the duty of the Chief Secretary to Government, in
preparing rules under this Enactment, to have due regard to the
circumstances of various trades and industries, and in particular to
the importance of avoiding the disclosure In any return of any trade
secret or of trading profits, or of any other information the disclosure
of which would be likely to tend to the prejudice of the person
furnishing the return.
(iv) In any report, summary of statistics, or other publication
prepared under this Enactment with reference to any trade or
industry, the particulars comprised in any individual return shall not
be disclosed in any manner whatever, or arranged in any way which
would enable any j)erson to identify any particulars so published as
being particulars relating to any mdividual person or business.
(v) If any person, having possession of any information which to
his knowledge has been disclosed in contravention of the provisions
of this section, publishes or communicates to any other person any
such information, he shall be guilty of an offence and liable on
conviction to imprisonment of either descriiDtion for a term not
exceeding one year or to a fine not exceeding two thousand dollars
or to both such imprisonment and fine.
BUREAU OF STATISTICS.
655
Service o£
notices.
6. If any person required to furnish any particulars or information offences and
under this Enactment penalties.
(a) wilfully refuses or without lawful excuse neglects to furnish
the particulars or information required within the time
allowed for furnishing the same, or to furnish the same
in the form specified or prescribed, or to authenticate the
same in the prescribed manner, or to deliver the same at
the place or in the manner specified or prescribed for
the delivery thereof, or
(b) wilfully furnishes or causes to be furnished any false
particulars or information in respect of. any matter
specified in the notice requiring particulars of information
to be furnished, or
(c) refuses to answer, or wilfully gives a false answer to, any
question necessary for obtaining any information or
particulars required to be furnished under this Enactment,
he shall be guilty of an offence and liable on conviction to a fine
not exceeding one hundred dollars and in the case of a continuing
offence to a further fine not exceedmg fifty dollars for each day
durmg which the offence continues, and in respect of false particulars,
information and answers the offence shall be deemed to continue
until true particulars, information or answers have been furnished
or given.
7. Subject to the provisions of any rule made under Section 8
relating to the mode of service of notices, notices issued under this
Enactment may be served in manner following :
(a) if the person on whom service is to be effected be within
the Federated Malay States, the notice may be delivered
to him or left with some adult member of his family
(other than a servant) residing with him ^vithin the said
States ;
(b) if the person on whom service is to be effected have an
agent withm the Federated Malay States duly authorized
by power of attorney to accept service on his behalf, the
notice may be delivered to such agent ;
(c) if service cannot be effected in the manner described in
clause (a) or clause (b) of this section, the notice may
be sent by registered post addressed to the person on
whom service is to be effected at his residence in any part
of the Federated Malay States or the Colony ;
(fZ) where service is to be effected on a corporation, the notice
or order may be
(1) left at the registered office (if any) of the corporation
Avithin the Federated Malay States ;
(2) delivered to any director, secretary, or other principal
officer of the corporation within the Federated
Malay States or to any person within the said
States duly authorized by power of attorney to
accept service on behalf of the corporation, or
to any person having, on behalf of the corporation,
656 No. 9 or 1919.
powers of control or management over the busi-
ness, occupation, work, or matter to which tho
notice relates ;
(3) sent by registered post addressed to the corporation
at its principal office wherever situate ;
(e) if service cannot be effected in accordance with the preceding
clauses of this section, the notice may be put up in a
conspicuous position on the land, premises, or building
on or in which the business, occupation, work, or matter
to which the notice relates is carried on.
ji^jes. 8. (i) The Chief Secretary to Government may make rules
(a) for regulating the establishment and control of the said
Bureau of Statistics either in connection with or inde-
pendently of any other public department, the staff to be
employed in connection there\vith, the duties to be
performed, and the publications (if any) to be issued ;
(h) for prescribing the forms in which and the times, places,
and manners at and in which particulars or information
shall be furnished, and the manner in which the same
shall be authenticated, and the manner in which notices
shall be served, and any other thing which under this
Enactment is to be prescribed ;
(c) for exempting from the obligation to furnish particulars or
information under this Enactment, either wholly or to
the prescribed extent, and either unconditiona.lly or
subject to the prescribed conditions, any persons or any
prescribed class of persons ;
(d) generally for carrymg this Enactment into effect.
(ii) All rules made under this section shall be published in the
Gazette and from the date of such publication shall have the same
force and effect as if they had been enacted in this Enactment.
(iii) All such rules shall be laid before the Federal Council at the
first meetmg after such publication and shall cease to have any
force or effect if disalloAved by resolution of the said Council.
(iv) Any rule may be altered by resolution of the Federal Council
and shall come into force as altered from the date of the passing
of such resolution and shall have the same force and effect as if it
had been enacted in this Enactment.
ENACTMENT NO. 10 OF 1919.
An Enactment to provide temporarily against the carrying
on of banking business in the Federated Malay States
by certain classes of persons after the termination
of the present war.
Arthur Young, [8th May, 1919.] *
President of the Federal Council.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment ma}^ be cited as " The Banking (Restriction) short title.
Enactment, 1919."
2. In this Enactment interpretation.
"Chief Secretary" means the Chief Secretary to Government,
Federated Malay States ;
" enemy " means any person or body of persons, of whatever
nationality, resident or carrying on business in an enemy State,
and mcludes any incorporated company or body of persons (wher-
ever incorporated) carrying on business in an enemy State ;
" enemy-controlled corporation " means any corporation
{a) where the majority of the directors or the persons occupying
the position of directors, by whatever name called, are
enemy subjects ; or
(b) where it appears to the High Commissioner that the majority
of the voting power or shares is in the hands of persons
who are enemy subjects or who exercise their voting powers
or hold the shares directly or indirectly on behalf of
persons who are enemy subjects ; or
(c) where the control is by any means whatever in the hands
of persons who are enemy subjects ; or
{d) where the executive is an enemy-controlled corporation or
where the majority of the executive are appointed by an
enemy-controlled corporation ;
" enemy State " means a State with which His Britannic Majesty
is now at war ;
" enemy subject " means a subject or citizen of an enemy State
and includes a body corporate constituted according to the laws
of such a State ;
" enemy territory " means the territory of an enemy State.
* Published in the Gazette of May 21st, 1919.
Ill— 42 657
658
No. 10 OF 1919.
Restrictions on
carrying on
banking
businesses for
the benefit of, or
under the
control of,
enemies after
the war.
Execution of
order for the
winding up of
a business.
3. (i) During the period of five years immediately after the
termination of the present state of war between His Britannic
Majesty and the Central European Powers and thereafter until the
Federal CouncU otherwise determine no banking business shall be
carried on within the Federated Malay States
(a) by a company which is an enemy-controlled corporation
within the meaning of this Enactment ; or
{})) by a firm or individual, if the business carried on appears
to the High Commissioner to be, by reason of the enemy
nationality or enemy association of that firm or individual,
or of the members of that firm or any of them, or other-
wise, carried on wholly or mainly for the benefit of or
under the control of enemy subjects.
(ii) If any person is concerned in carrying on any such business
in contravention of sub-section (i), he shall be guilty of an offence
and liable
(a) on conviction before the Supreme Court to imprisonment
of either description for a term not less than four and
not more than seven years or to a fine not exceeding
ten thousand dollars or to both such imprisonment and
fine ; or
(b) on summary conviction before the Court of a Magistrate
of the First Class to imprisonment of either description
for a term which may extend to twelve months or to a
fine not exceeding five thousand dollars or to both such
imprisonment and fine ; and
(c) to forfeit the goods or money (if any) with respect to which
the offence was committed.
(iii) Where it appears to the High Commissioner that any banking
business is carried on in contravention of this section, the High
Commissioner shall order the business to be wound up. The High
Commissioner may at any time revoke or vary any such order.
4. (i) Where the High Commissioner makes any order under
Section 3, the Chief Secretary may at the same time or at any time
subsequently appoint a controller to control and supervise the
carrying out of the order and, if the case requires, to conduct the
winding up of the business, and in any case where it appears
expedient to the Chief Secretary, the Chief Secretary may, as
occasion requires, confer on the controller such powers as are
exercisable by a liquidator in a voluntary winding up of a company
(including power in the name of the company, firm, or individual,
or in his own name, to convey or transfer any property, and power
to apply to the Supreme Court or a judge thereof to determine
any question arising in the carrying out of the order), or those
powers subject to such modifications, restrictions, or extensions as
the Chief Secretary thinks necessary or convenient for the purpose
of giving full effect to the order ; and the remuneration of and
costs, charges, and expenses incurred by the controller, to such
amount as may be approved by the Chief Secretary, shall be
defrayed out of the assets of the business and shall be charged on
such assets in priority to any other charges thereon.
BANKING (restriction). 659
An official receiver may, if the Chief Secretary thinks fit, be
appointed controller.
(ii) The distribution of any sums or other property resulting from
the realization of any assets of the business shall be subject to the
same rules as to preferential payments as are applicable to the
distribution of the assets of a company which is being wound up,
and those assets shall, so far as they are available for discharging
unsecured debts, be applied in discharging such debts due to creditors
who are not enemies in priority to the unsecured debts due to
creditors who are enemies ; and any balance, after providing for the
discharge of liabilities, shall be distributed amongst the persons
interested therein in such manner as the Chief Secretary may direct.
(iii) Where there are assets of the business m enemy territory,
the controller shall cause an estimate to be prepared of the value of
those assets and also of the liabilities of the business to creditors,
whether secured or unsecured, in enemy territory, and of the claims
of persons in enemy territory to participate in the distribution of
any balance available for distribution, and such liabilities and
claims shall, for the purposes of this section, be deemed to have
been satisfied out of such assets so far as they are capable of bearing
them, and the balance (if any), of such liabilities and claims shall
alone rank for pa3Tiient out of the other assets of the business. A
certificate by the controller as to the amount of such assets, lia-
bilities, claims, and balance shall be conclusive for the purpose of
determining the sums available for discharging the other liabilities
and for distribution amongst other persons claiming to be interested
in the business :
Provided that nothing in this provision shall affect the rights of
creditors of and other persons interested in the business against
the assets of the business in enemy territory.
(iv) The Chief Secretary may, on application for the purpose
being made by a controller appointed under this section, after
considering the application and any objection which may be made
by any person who appears to him to be interested, grant him a
release ; and an order of the Chief Secretary releasing the controller
shall discharge him from all liability in respect of any act done or
default made by him m the exercise and jaerformance of his powers
and duties as controller, but any such order may be revoked on
proof that it was obtained by fraud or by suppression or conceal-
ment of any material fact.
(v) Where an order under Section 3 has been made as respects
the business carried on by any company, firm, or individual, no
petition for the winding up of such company, or insolvency applica-
tion or bankruptcy petition against such firm or individual, shall
be presented, or resolution for the winding up of such company
passed, or steps for the enforcement of the rights of any creditors
of the company, firm, or individual taken, without the consent of
the Chief Secretary, but the Chief Secretary may present a petition
for the winding up of the company by the Court, and the making
of an order under Section 3 shall be a ground on which the company
may be wound up by the Court.
660
No. 10 OF 1919.
Power to order
winding up of
companies of
enemy
nationality or
association.
Provisions as to
dissolution of
companies.
Provisions as to
winding up by
order of the
Court,
(vi) Notice of the maldng of an order under Section 3 requiring
any business to be wound up shall be published in the Gazette.
5. In any case where the High Commissioner makes an order
under this Enactment requirmg the business of a company to be
wound up, the High Commissioner may make an order requiring
the company to be wound up and thereupon the Chief Secretary
may appoint a liquidator to conduct the winding up ; and on the
making of such an order the company shall be wound up as if it
had on the date of the order passed a special resolution for voluntary
wmding up and had appointed as liquidator the person named as
liquidator in the order ; and the provisions of " The Companies
Enactment, 1917," shall apply accordingly subject to the modifica-
tions set forth in the Schedule to this Enactment.
6. (i) On or at any time after the release of a controller appointed
under Section 4 or a liquidator appointed to conduct a Avinding up
under Section 5 notice thereof may be given by the Chief Secretary
to the Registrar of Comjjanies, and on the receipt of such notice
the registrar shall forthwith register it, and may if so directed by
the Chief Secretary strike the name of the company off the register
and the company shall be dissolved.
(ii) Where a company has been dissolved by virtue of this section,
or where a company with respect to which an order has been made
under Section 3 has been removed from the register under Section
254 of ." The Companies Enactment, 1917," no application for an
order declarmg the dissolution void or restoring the company to
the register shall be made without the consent of the Chief Secretary,
and the Registrar of Companies may refuse to register any company
with a name the same as or similar to that of the company so
dissolved.
7. Where the Court m pursuance of sub-section (v) of Section 4
makes an order for the winding up of a company with respect to
which an order has been made by the High Commissioner under
Section 3,
(rt) the Court may by the winding-up order or any subsequent
order dispense with compliance with the provisions of
Section 168 of "The Companies Enactment, 1917,"
(which relates to the statement of the company's affairs,)
and of Section 173 of that Enactment (which relates to
meetings of creditors and contributories) or of either of
those sections ;
{h) the provisions of sub-section (ii) of Section 4, giving priority
to unsecured creditors who are not enemies, and the
provisions of sub-section (iii) of the same section, which
relates to the allocation of property in enemy territory to
the satisfaction of liabilities to and claims of persons in
enemy territory, shall with the necessary adaptations
apply to the winding up of the company ;
(c) the assets of the company may be distributed without
making any provision for claims by enemies except those
which are disclosed in the books of the company or of
which the liquidator has otherwise received notice.
BANKING (restriction).
661
8. (i) Where an order has been made under Section 3 requiring a
business to be wound up, or an order under Section 5 has been made
for the winding up of a company, any claim against or in respect of
the assets of the business, or, as the case may be, any claim against
the company, may be dealt with by the Supreme Court or a judge
thereof upon application made either by the controller or liquidator,
as the case may be, or with the consent of the Chief Secretary by
the claimant ;
Provided that notice of the application if made by the controller
or liquidator shall be served on the claimant, and if made by the
claimant shall be served on the controller or liquidator, as the case
may be.
(ii) Where any such order has been made, any action or other
legal proceedings against the company, firm, or mdi vidua! whose
business is being wound up, or, as the case may be, against the.
company which is being wound up, may, on the application of the
controller or liquidator, be stayed by the Court in which the pro-
ceedings are pending.
9. (i) Where during the period mentioned in Section 3 it is
suspected that any contravention of the provisions of this Enactment
has been or is likely to be committed by any company, firm, or
individual, or it is desired to ascertain whether any such contraven-
tion has been or is being committed, the Chief Secretary may by
written order authorize any person named therein to inspect the
books and documents belongmg to or under the control of such
company, firm, or individual, and such person may inspect
accordingl}^.
(ii) Anyone who, having the control of or access to the books or
documents of such company, firm, or individual, fails or neglects to
produce such books or documents shall be guilty of an offence and
liable, on conviction, to imprisonment of either description for a term
which may extend to twelve months or to a fine not exceeding five
hundred dollars or to both such imprisonment and fine.
10. Where the Chief Secretary is desirous of obtaining information
as to the character of a business which is being carried on in the
Federated Malay States and ascertaining whether such business is
one to which this Enactment applies, the Supreme Court or a judge
thereof may, upon application by the Chief Secretary, make an order
directing any person to appear as a witness before such person or
persons as the Chief Secretary appoints in that behalf and to give
evidence on oath before such person or persons and to produce any
documents which the Supreme Court or the judge may think proper.
11. (i) The Chief Secretary may make rules defining what
business is, for the purpose of Section 3, to be deemed banldng
business.
(ii) All rules under this section shall be published in the Gazette
and from the date of such publication shall have the same force
and effect as if they had been enacted in this Enactment.
(iii) All rules shall be laid before the Federal Council at its first
meeting after such publication and shall cease to have any force or
effect if disallowed by resolution of the said Council.
Claims against
businesses or
companies
being wound up
Inspection of
books to
ascertain any
contravention
of this
Enactment.
Proceedings as
to obtaining
information.
Rules.
662 No. 10 OF 1919.
(iv) Any rule may be altered by a resolution of the Federal
Council and shall come into force as altered from the date of the
passing of such resolution and shall have the same force and effect
as if it had been enacted in this Enactment.
Schedule,
(Section 5.)
Modifications of " The Companies Enactment, 1917," as applied
to the winding up of Companies under Orders by the High Com-
missioner :
(cf) The Chief Secretary may remove a liquidator and fill any
vacancy in the office of liquidator caused by death,
resignation, or otherwise ;
{!)) The remuneration of the liquidator shall be fixed by the
Chief Secretary ;
(c) Sections 207, 208, 209, 210, 211, 212, sub-section (ii) of .
Section 219, and Sections 220, 222, 224, and 246 shall not
apply ;
(d) In paragraph (6) of sub-section (i) of Section 244 (relating
to the disposal of books and papers) for the words " in
such way as the company by extraordinary resolution
directs " there shall be substituted " in such way as the
Chief Secretary may direct " ;
(c) The Chief Secretary may confer on the liquidator the like
power as to conveying or transferring property as he
is by sub-section (i) of Section 4 of this Enactment
authorized to confer on a controller appointed under
that section ;
(/) The provisions of sub-section (ii) of Section 4 of this
Enactment giving priority to unsecured creditors who are
not enemies, and the provisions of sub-section (iii) of the
same section which relate to the allocation of property in
enemy territory to the satisfaction of liabilities to and
claims of persons in enemy territory, and the provisions of
paragraph (c) of Section 7 of this Enactment, shall, with
the necessary adaptations, apply to the winding up of the
company ;
{(f) The provisions of sub-section (iv) of Section 4 of this Enact-
ment as to the release of a controller appointed under that
section shall apply to the release of the liquidator ;
(h) An application for the stay of proceedings in the winding up
shall not be made without the consent of the Chief
Secretary ;
{i) The liquidator shall submit accounts to the Chief Secretary
at such times and in such manner as he maj'^ direct ;
(j) The provisions of sub-section (v) of Section 4 of this Enact-
ment, including the power of the Chief Secretary to present
a petition for the winding up of the company by the Court,
shall continue to apply in respect of the company, notwith-
standing the making of an order under Section 5 of this
Enactment.
ENACTMENT NO. 12 OF 1919.
An Enactment to provide for the grant of relief in cases
of Usurious Loans.
Arthur Young, [8th May, 1919.
President of the Federal Council. 1st July, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —
1. This Enactment may be cited as "The Usurious Loans short title and
Enactment, 1919," and shall come into force on the first day of men™^"*^^'
July, 1919.
2. In this Enactment, unless there is anything repugnant in the interpretation.
subject or context,
" Interest " means rate of interest and includes the return to be
made over and above what was actually lent, whether the same is
charged or sought to be recovered specifically by way of interest or
otherwise ;
" Loan " means a loan whether of money or in kind, and includes
any transaction which is, in the opinion of the Court, in substance
a loan ;
" Proceeding to which this Enactment applies " means
(a) any suit for the recovery of a loan made after the commence-
ment of this Enactment, or
(6) any suit for the enforcement or redemption of any security
taken or any agreement, whether by way of settlement of
account or otherwise, made after the commencement
of this Enactment in respect of any loan made either
before or after the commencement of this Enactment, or
(c) any application to the Court by a chargee of land for an
order for the sale of such land upon default being made
in the observance of the terms of a charge executed after
the commencement of this Enactment.
" Court " includes a Collector exercising jurisdiction under the
provisions of "The Land Enactment, 1911," or "The Mining
Enactment, 1911," in respect of an application by a chargee of land
for an order for the sale of such land.
3. (i) Where, in any proceeding to which this Enactment applies, Re-opening of
whether heard ex ^arte or otherwise, the Court has reason to believe ^'n^ant of
(a) that the interest is excessive, and interert is^^
(6) that the transaction was, as between the parties thereto, tfansadion"
substantially unfair, unfair,
663
664 No. 12 OF 1919.
the Court may exercise all or any of the folloAvmg powers, namely,
may.
(1) re-open the transaction, take an account between the
parties, and relieve the debtor of all liability in respect of
any excessive interest ;
(2) notwithstanding any agreement, purporting to close previous
dealings and to create a new obligation, re-open any
account already taken between them and relieve the
debtor of all liability in respect of any excessive interest,
and if any thing has been paid or allowed in account in
respect of such liability, order the creditor to repay any
sum which it considers to be repayable in respect thereof ;
(3) set aside, either wholly or in part, or revise or alter any
security given or agreement made in respect of any loan,
and, if the creditor has parted with the security, order him
to indemnify the debtor in such manner and to such
extent as it may deem just ;
Provided that in the exercise of these powers the Court sliall not
(a) re-open any agreement, purporting to close previous dealings
and to create a new obligation, which has been entered into
by the parties, or any persons from whom they claim, at a
date more than six years from the date of the transaction ;
(6) do anything which affects any decree of a Court.
Explanation. — In the case of a suit brovight on a series of transactions
the expression "the transaction" means, for the jjurpose of proviso (a), the
first of such transactions.
(ii) (a) In this section " excessive " means in excess of that which
the Court deems to be reasonable, having regard to the risk incurred
as it appeared, or must be taken to have appeared, to the creditor at
the date of the loan.
(b) In considering whether interest is excessive under this section
the Court shall take into account any amounts charged or paid,
whether in money or in kind, for expenses, inquiries, fines, bonuses,
premia, renewals or any other charges, and if compound interest is
charged the periods at which it is calculated, and the total advantage
which may reasonably be talcen to have been expected from the
transaction.
(c) In considering the question of risk, the Court shall take into
account the presence or absence of security and the value thereof,
the financial condition of the debtor and the result of any previous
transactions of the debtor, by way of loan, so far as the same were
known, or must be taken to liave been known, to the creditor.
{d) In considering whether a transaction was substantially unfair,
the Court shall take into account all circumstances materially
affecting the relations of the parties at tlio time of the loan so far as
the same were known, or must be taken to have been known, to the
creditor.
Explanation. — Interest may of itself be sufficient evidence that a
transaction was substantial!}' unfair.
USURIOUS LOANS. 665
(iii) This section shall apply to any suit, whatever its form may be,
if such suit is substantially one for the recovery of a loan or for the
enforcement of any agreement or security in respect of a loan.
(iv) Nothing in this section shall affect the rights of any trans-
feree for value who satisfies the Court that the transfer to hini was
bond fide and that he had at the time of such transfer no notice of
any fact which would have entitled the debtor as against the lender
to relief under this section.
(v) Nothmg in this section shall be construed as derogating from
the existing powers or jurisdiction of any Court.
4. (i) Where in any State any power conferred by this Enactment iiovision of
has been exercised, or exercise thereof has been refused, by a Col- couTctor
lector adjudicating under the provisions of " The Land Enactment,
1911." upon an application by a chargee of land for an order for the
sale of such land, the Resident of such State may call for and examine
tlie record of the proceedings before the Collector and may alter or
annul anything done or ordered, or purporting to be done or ordered,
by the Collector in the exercise of such power as aforesaid and may
do or order anything which might have been done or ordered by the
Collector under the provisions of this Enactment ; provided that no
power vested by this section m the Resident shall be exercised to the
prejudice of any person unless such person has had an opportunity of
being heard, either personally or by agent, before the Resident.
(ii) Any order or direction of the Resident made or given under
the provisions of this section shall be final, and there shall be no
aj^peal therefrom.
(iii) No suit for revision of any order, direction, or decision of a
Collector made or given, or purporting to be made or given, in the
exercise of powers conferred by this Enactment, or refusing to
exercise the said powers, shall be brought in any Court.
/owers lu
5. On any application relating to the admission of a proof of a p,
loan, or the amount thereof, in any insolvency or bankruptcy b"a°km"tc ''"'^
proceedings, the Court may exercise the like powers as may be proceedings.
exercised under Section 3 by a Court in a proceeding to which this
Enactment applies.
ENACTMENT NO. 15 OF 1919.
Short title and
commence-
ment.
Prior
regulations
maintained ;
new ones may
be made.
An Enactment for the continuance of certain regulations
and powers created under and by the Pubhc Emer-
gency Enactment, 1917.
E. L. Brockman,
President of the Federal Council.
[25th July, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Continuance of Powers
Enactment, 1919," and shall come into force on the date which
His Britannic Majesty by Order in Council declares, under the
Termination of the Present War (Definition) Act, 1918, to be the
date to be treated as the date of the termination of the war.
2. (i) Until " The Public Emergency Enactment, 1917," ceases
to be in force,
(a) all regulations made under Section 20 thereof which were
in force immediately prior to the commencement of this
Enactment shall, except in so far as they may be varied
or rescinded by the High Commissioner, remain in force ;
(6) any such regulations may be rescinded by the High Com-
missioner ;
(c) the High Commissioner may make regulations with regard
to all matters coming within the classes of subjects
enumerated in paragraphs I, V, and VI of sub-section (i)
of the said Section 20, and may vary any regulations
made under the said Section 20 which relate to any of
the said matters ; no variation of any such regulation
shall, except as may be thereby expressly directed, affect
the penalty prescribed for any offence against such
regulation.
(ii) Except as may be otherwise provided in any regulations
which remain in force by virtue of sub-section (i), any person who
commits an offence against any regulation in force under this
section shall be liable on conviction before the Court of a Magistrate
of the First Class to imprisonment of either description for a term
not exceeding six months or to a fine not exceeding one thousand
dollars or to both such imprisonment and fine.
(iii) For the purpose of the trial of a person for an offence against
any regulation in force under this section, the offence shall be
deemed to have been committed either at the place in which the
666
PUBLIC EMERGENCY. 667
same actually was committed or in any place in which the offender
may be.
(iv) Any provision of any law of the Federated Malay States
which may be inconsistent with any regulation maintained in force
or made by the High Commissioner under this section shall be
suspended and of no effect during the continuance of such regula-
tion.
(v) All regulations made under this section shall be published in
the Gazette.
3. Whenever it is proved that a breach of the provisions of Liability of
any regulation in force under Section 2 which relates to trading, breach of ^*"
exportation, importation, production, or manufacture has been regulation by
committed by a person employed by a trader, exporter, importer, ^™^ °^
producer, or manufacturer, such trader, exporter, importer, producer,
or manufacturer shall be held to be liable for such breach and to
the penalty provided therefor unless he prove to the satisfaction
of the Court before which the proceedings are had that the same
was committed without his knowledge or consent and that he had
taken all reasonable steps to ensure due compliance Avith the
provisions of such regulation ; provided that nothing in this section
contained shall exempt any person employed by such trader,
exporter, importer, producer, or manufacturer from liability to the
penalty provided for any breach of the provisions of such regulation
proved to have been committed by such person.
ENACTMENT NO. 20 OF 1919.
Short title,
commencement,
and duration.
laterpretation.
Permit to enter
the Federated
Malay States,
Penalties,
Aidinp and
abetting.
An Enactment to regulate the admission of former enemy
aliens into the Federated Malay States.
E. L. Brockman,
President of the Federal Council.
[2nd September, 1919.
2nd September, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Former Enemy Aliens
Admission Enactment, 1919," and shall come into force on such
date as the Chief Secretary to Government (hereinafter called the
Chief Secretary) may by notification in the Gazette appoint, and
shall remain in force for a period of three years.
2. In this Enactment the expression "former enemy alien"
means a person who is a citizen or subject of a State with which
His Britamiic Majesty was at any time during the year 1918 at war.
3. No former enemy alien shall enter the Federated Malay States
unless he has first obtained a permit in that behalf signed by the
Chief Secretary.
4. Any former enemy alien who enters the Federated Malay
States without such permit or remains in the Federated Malay
States after the expiration or revocation of such permit may
(a) be forthwith removed from the Federated Malay States by
order of the Chief Secretary ;
{t)) be prosecuted, with the previous sanction in AATiting of the
Chief Secretary, and on conviction before the Court of
a Magistrate of the First Class shall be liable to be sen-
tenced by such Court to a fine not exceeding two thousand
dollars or to imprisonment of either description for a
term not exceeding six montlis or to both such fine and
imprisonment ;
(c) on the payment of such fine or where a term of imprisonment
is imposed on the expiration of such terra of imprisonment,
if this Enactment is still in force, be removed from the
Federated Malay States by order of the Chief Secn^tary.
5. Any person who aids or abets the entrance into tlie Fodtn-ated
lAhday States of a former enemy alien without such permit, or
harl)ours a former enemy alien knowing or having reason to believe
that he has entered the Federated Malay States without such permit
or that his permit has expired or^has been revoked, shall be liable
668
ENEMY ALIENS. 669
on conviction before the Court of a Magistrate of the First Class to
be sentenced by such Court to a fine not exceeding one thousand
dollars or to imprisonment of cither description for a term not
exceeding three months or to both such fine and imprisonment.
6. (i) The Chief Secretary may make regulations for any of the Regulations.
following purposes :
(a) to prescribe the form of permit ;
(6) to prescribe the conditions under v/hich permits may be
issued, renewed, or revoked and the period for which they
may remain in force ;
(c) to prescribe the method of determming in doubtful
circumstances whether any person is or is not a former
enemy alien ;
(d) to fix the fees chargeable for the issue or renewal of permits ;
(c) generallj^ to carry into effect the purposes of this Enact-
ment.
(ii) Such regulations shall come into force upon publication in
the Gazette.
ENACTMENT NO. 26 OF 1919.
Short title,
commencein en t ,
and repeal.
Interpretation.
Bill of sale to
liave schedule
of property
attached
thereto.
Bill of sale not
to affect after-
acquired
property.
Exception as to
certftin things.
An Enactment to repeal and re-enact, with amendments,
the law relating to the Registration of Bills of Sale.
F. S. James,
President of the Federal Council.
[12th December, 1919.
1st February, 1920.]
It is hereby enacted by the Rulers of the Federated Malay States
m Council as follows : —
1. (i) This Enactment may be cited as " The Bills of Sale Enact-
ment, 1919," and shall come into force on the 1st day of February,
1920.
(ii) Upon the coming into force of this Enactment the Enactments
specified in the first schedule shall be repealed ; provided that
every registration and renewal of registration and transfer effected
under any Enactment hereby repealed which was m force and
valid immediately prior to the commencement of this Enactment
shall, so far as is not inconsistent with the provisions of this Enact-
ment, be deemed to have been effected under this Enactment.
2. In this Enactment
" Bill of sale " means any document purporting to give to any
person other than the owner any lien or security for value received
over any movable property, whether the assignment of the same be
absolute or conditional and whether the same remain in the hands
of the owner or otherwise durmg the continuation of such lien or
security ;
" Magistrate " means a Magistrate of the First Class.
3. Every bill of sale made after the commencement of this
Enactment shall have annexed thereto or written thereon a schedule
containing an inventory of the movable property comprised in the
bill of sale ; and such bill of sale, save as in Section 5 mentioned,
shall have effect only in respect of the movable property specified
in the said schedule and shall be void in respect of any movable
property not so specified,
4. Save as in Section 5 mentioned, a bill of sale made after the
commencement of this Enactment shall be void in respect of any
movable property specified in the schedule thereto of which the
grantor was not the true owner at the time of the execution of
the bill of sale.
5. Nothmg contained in Section 3 or Section 4 shall render a
bill of sale void in respect of any plant or trade machinery where
such plant or trade machinery is used in or brought upon any
670
BILLS OF SALE. 671
land, factory, workshop, shop, house, warehouse, or other place in
substitution for any of the like plant or trade machinery specified
in the schedule to such bill of sale.
6. Every bill of sale made after the commencement of this consideration
Enactment shall truly set forth the consideration for which it was '^° ^^ ^^' ^'^^^^'
given ; otherwise such bill of sale shall be void in respect of the
property scheduled therein.
Illustrations.
(a) A, being indebted to B, gives him a bill of sale to secure $1,000, which
on accounts between them being stated is found to be the balance due to
B. The bill of sale recites that B has agreed to lend A §1,000, and the
consideration for such bill of sale is stated therein to be $1,000 now paid by
B to A.
The bill of sale is not void under this section, as both the legal effect and
the mercantile and business effect of the transaction are as if there had been
an actual advance in money of the $1)000 and consequently the consideration
is truly stated.
(b) Upon a sale of furniture by A to B for $600 B pays to A $100 and gives
him a bill of sale for $500 to secure the balance. The bill of sale is expressed
to be in consideration of $500 " now paid to B."
Tlie consideration is sufficiently described for the purposes of this section^
(c) A bill of sale expresses the consideration for it to be a sum of money
" now due and owing." In fact the consideration consists in part of a present
advance and in part of an old debt.
The bill of sale is void under this section as not truly settmg out the con-
sideration, repayment of the present advance not becoming due until the
future date specified in the bill.
(d) The consideration for a bUl of sale is stated to be the payment of a
sum of money by the grantee to the grantor. Part only of such sum was in
fact paid over, the remainder being retained by the grantee in satisfaction of
the amounts of acceptances which had been given by the grantor to the
grantee and were not mature, an agreed sum for futui'e hire by the grantor of
furniture from the grantee, and an agreed sum for expenses.
The bill of sale is void tmder this section, because none of the amounts so
retained can truly, i.e., with substantial accuracy having regard to the real
facts, be said to have been paid to the grantor, and therefore the considera-
tion is not truly stated.
7. Every bill of sale made after the commencement of this Formofbiiiof
Enactment shall be void unless made substantially in accordance ^'*'^-
with the form A in the second schedule.
Illustrations.
(a) A bill of sale does not contain the address and description of the attest-
ing witness, or contains the address but not the description of such witness.
In either case it is void under this section, because the omission constitutes
a departure — and not a merely immaterial departure — from the statutory
form.
(6) A bill of sale provides that the sum advanced, together with $150 for
agreed interest and bonus thereon, making in all $1,300, shall be paid by
montlily instalments of $100.
The bill of sale is void, as substantially deviating from the statutory form,
because the interest has been capitalized, the rate of interest is not stated,
and as the bill of sale does not state how much of the $150 is bonus and how
much is interest it is impossible to tell from its terms what is to be paid for
interest.
(c) A bill of sale contains an assignment of the chattels specified in the
schedule thereto annexed " together with all other chattels and things, the
property of the mortgagor, now in or about the premises, and also all chattels
672
No. 26 OF 1919.
Bills of sale to
be In duplicate
and registered.
Manner of dis-
charge.
and things whiuh may, at any time duiing the coiitiiiuanco of this security,
be in or about the same or any other premises of the mortgagor, whether
brought there in substitution for, or renewal of, or in addition to the chattels
and things hereby assigned."
The bill of sale is void vmder this section, as departing from the legal effect
of the statutory form, inasmuch as it assigns goods other than those specified
in the schedule and contains no stipulation as to such other goods bemg for
the maintenance of the security.
(d) By a bill of sale the grantor assigns to the grantee the chattels and
things specified in the schedule thereto, and also all chattels and things which
may at any time dm-ing the continuance of the security be substituted for
them or any of them. The bill of sale contains a covenant by the grantor
that he will during the continuance of the seciu-ity replace such of the chattels
and things expressed to be assigned as should be worn out by other articles of
value equal to the present value of the articles worn out, so as at all times
to keep up the total value of the chattels and things comprised in the security
to the present value.
The bill of sale is valid, because the assignment of substituted chattels and
things applies only to chattels and things substituted under the covenant for
the maintenance of the security.
8. (i) Every bill of sale shall be in duplicate and shall be registered
m the manner following in the Court of a Magistrate within the local
limits of which, as defined under, or otherwise recognized b}^. " The
Civil Procedure Code, 1918," the property assigned by the biU of
sale is at the time of registration situate.
(ii) The original and duplicate bill of sale, after being completed
except for execution and attestation and after being stamped in
accordance with the law for the time being in force relating to stamp-
duties, shall bo brought by the parties concerned, or their duly
authorized agents, before the presiding Magistrate of the Court, who
shall compare the documents and witness the signature of the
borrower, or his agent, to be made in his presence to both the original
and duplicate.
(iii) If the Magistrate is of opinion that the property scheduled
in any bill of sale is not sufficiently described therein, he shall refuse
to register the same until such further particulars shall have been
added as may be sufficient to clearly identify the property scheduled,
and may, if it appears to him necessary or exjiedient for such clear
identification, require or cause the property to be marked or branded
with some permanent mark but in such manner as not to injure or
disfigure the same. All things required by the Magistrate to be
added or done under the provisions of this sub-section shall be added
or done within seven days after the bringing of tlie bill of sale before
the Magistrate under the provisions of sub-section (ii).
(iv) When the requirements of sub-sections (ii) and (iii) have
been complied with, the Magistrate shall file the duplicate bill of
sale in the Court, and thereafter the security thereunder shall,
subject to the provisions of Section 13, be deemed to hold good until
discharged in one of the manners in Section 9 referred to.
9. Bills of sale may be discharged —
(a) by an acknowledgment, signed by the lender or his duly
authorized agent upon the back of the origmal bill of sale
and attested by a Magistrate, that the money secured has
been duly received or that the obligation has otherwise
been dulv met ;
BILLS OF SALE.
673
(6) by the seizure and sale of the property scheduled in the bill
of sale by order of a competent Court made upon the
hearing of a summons to the maker of the bill of sale to
show cause against such seizure and sale ;
(c) on such other terms as a competent Court may consider to
meet the justice of the case,
10. When a bill of sale has been duly discharged by any of the
above-mentioned methods, it shall be the duty of the presiding
Magistrate of the Court wherein the bill of sale is registered to write
the word " discharged/' with his signature and official title, across
the face of both the original and the duplicate bill of sale (the original
bemg brought to him for the purpose) and to file both the original
and the duplicate in the Court.
11. When any part-payment is made in respect of money secured
by a bill of sale, a written acknowledgment of the same shall be
signed by the lender, or his duly authorized agent, upon the back of
the original and duplicate bill of sale, and such signature shaU be
attested by a Magistrate.
12. No receipt given for any payment or part-payment under tliis
Enactment shall be exempt from stamp-duty by reason of being
endorsed on the biU of sale ; but where a receipt is given in duplicate
under Section 1 1 and the one which is endorsed upon the original bill
of sale is duly stamped, that which is endorsed upon the duplicate
bill of sale shall be exempt from stamp-duty.
13. (i) The registration of every bill of sale must be renewed at
least once in every twelve calendar months, and if a period of twelve
calendar months elapses from the date of registration or last renewed
registration of a bill of sale without a renewal or further renewal (as
the case may be) the bUl of sale shall become void.
(ii) The renewal of registration shall be effected by filmg m the
Court in which the biU of sale is registered a declaration m the form
B in the second schedule, which shall be attached to the duplicate
bill of sale filed in the Court.
14. Transfer of a registered bill of sale shall be effected by filing
in the Court in which the bill of sale is registered a declaration in the
form C in the second schedule, and such transfer shall be duly
recorded in the Court.
15. Any person shaU be entitled to have an office copy of, or
extract from, any registered bill of sale or filed declaration of renewal
or transfer upon paj^ment for the same at the rate of twenty-five
cents for every folio of one hundred words, and such copy shall
be primd facie evidence of the original and of the fact and date of
registration or filing as shewn therein.
16. Any person shall be entitled to search the file of existing
securities upon payment of a search fee of twenty-five cents for each
document searched for.
17. A filing fee of one dollar shall be payable in every case of
registration, renewal of registration, or transfer, of a bill of sale.
18. No bill of sale shall be admissible in evidence or be deemed to
be valid in any Court unless duly registered in accordance with the
provisions of this Enactment.
Ill— 43
Procedure on
discharge.
Procedure on
payment of
instalment.
stamp-duty on
receipts.
Renewal of
reicistration.
Transfer.
Office copies
and extracts.
Search.
Filing fee.
Bill of sale not
admissible in
evidence unless
registered.
674
No. 26 OF 1919.
BectiQcation by
order of
Judicial Com-
missioner.
Penalty for
interference
with mark.
Exercise of
powers of
Magistrate by
persons
specially
appointed.
Debentures to
which Enact-
ment does not
apply.
19. Notwithstanding anything hereinbefore contained, a Judicial
Commissioner, on being satisfied that the omission to register a bill of
sale or to renew the registration thereof within the prescribed time or
to file a declaration of transfer in the prescribed form was accidental
or due to madvertence or to absence from the Federated Malay-
States, may, in his discretion, order such omission to be rectified on
such terms and conditions (if any) as to security, notice by advertise-
ment or otherwise, or as to any other matter, as he may think fit to
direct.
80. Any person who shaU wilfuUy obliterate, deface, alter, or
counterfeit any mark or brand placed upon any property under the
provisions of Section 8 (iii) shall be guilty of an offence and liable on
conviction to a fine not exceeding two hundred dollars.
21. In any State the Resident may by notification in the Gazette
appoint any person, either by name or office, to exercise and perform
in any place all or any of the powers and duties conferred and
imposed by this Enactment on a Magistrate and may at any time in
like manner revoke any such appointment. While any such appoint-
ment remains in force, any act or thing done by the person appointed
which he is empowered by such appointment to do shall have the
same force and effect as if the same had been done by a Magistrate.
22. Nothmg in this Enactment shall apply to any debentures
issued by any mortgage, loan, or other incorporated company, and
secured upon the capital, stock, or goods and effects of such company.
First Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Perak
12 of 1900
The Bills of Sale Enactment, 1900
Selangor
16 of 1900
Do.
Negri Sembilan
14 of 1900
Do.
Pahang
4 of 1901
The Bills of Sale Enactment, 1901
Perak
3 of 1901
The Bills of Sale Enactment, 1900,
Amendment Enactment, 1901
Selangor
4 of 1901
Do.
Negri Sembilan
4 of 1901
Do.
Pahang
13 of 1901
The BiUs of Sale Enactment, 1901,
Amendment Enactment, 1901
Second Schedule.
Form A.
BILL OF SALE.
These Presents made the day of , 19. . , between A. B.
of of the one jjart and C. D. of of the other part, witness
that in consideration of the sum of dollars now paid to A. B. by
BILLS OF SALE. 675
C. D., the receipt of which the said A. B. hereby acknowledges [or
whatever else the consideration may he'], he the said A. B., doth hereby
assign unto C. D., his executors, administrators, and assigns, all
and singular the several chattels and things specified in the schedule
hereto annexed by way of security for the payment of the sum of
dollars, and interest thereon [if interest is 'payable] at the rate
of per cent, per annum [or whatever else may he the rate].
And the said A. B. doth further agree and declare that he will duly
pay to the said CD. the principal sum aforesaid, together with
[if interest is payahle] the interest then due, by equal payments
of dollars on the day of [or whatever else may
he the stipulated times or time of payment]. And the said A. B. doth
also agree with the said C. T>. that he will [here insert terms as to
insurance, payment of rent, or otherwise, which the parties may agree to
for the maintenance or defeasance of the security].
Provided always, that the chattels hereby assigned shall not be
liable to seizure or to be taken possession of by the said CD, for
any cause other than by order of the Court.
In witness, etc.
Signed and sealed by the said A. B. in the presence of me, E. F.
[add witness's name, address, and description] after I have fully
explained to the said A. B. the nature and effect hereof.
Form B.
DECLARATION OF RENEWAL OF REGISTRATION.
I, of , do solemnly and sincerely declare that a biU
of sale bearing date the day of , 19 . . , and made between
of the one part and of the other part, which said bill of
sale was registered on the day of , 19. . , is still a
subsistmg security, and I make this solemn declaration conscien-
tiously believing the same to be true, and by virtue of the provisions
of the Statutory Declarations Enactment, 1899.
Subscribed and solemnly declared"
by the above-named at in
the State of this day of
Before me
Magistrate.
Form C
DECLARATION OF TRANSFER OF BILL OF SALE.
I, , of , do solemnly and sincerely declare that a bill
of sale bearing date the day of , 19 . . , and made between
of the one part and of the other part, which said bill of
sale was registered on the day of , 19. . (and the
registration whereof was last renewed on the day of ,
19..), is still a subsisting security, and was by an instrument
676
No. 26 OF 1919.
bearing date the day of , 19 . . , transferred to of
which said instrument is noAv produced and shown to me,
marked , and I make this solemn declaration conscientiously
believing the same to be true, and by virtue of the provisions of the
Statutory Declarations Enactment, 1899.
Subscribed and solemnly declared
by the above-named ...... at in
the State of this day of
,19...
Before me
Magistrate.
ENACTMENT NO. 27 OF 1919.
An Enactment to prohibit the publication and importation
of seditious newspapers, books, and documents.
F. S. James, [12th December, 1919.
President of the Federal Council. 19th December, 1919.]
It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —
(Prohibition) Enactment, 1919," and shall come into force on the "^ZT"""^
1. This Enactment may be cited as " The Seditious Publications Short title and
rohibition) Enactment, 1919," a
publication thereof in the Gazette.
2. In this Enactment, unless there be something repugnant in the interpretation.
subject or context,
" Newspaper " means any periodical work containing public news
or comments on public news ;
"Book" includes every volume, part or division of a volume,
pamphlet and leaflet in any language, and every sheet of music, map,
chart, or plan separately printed or lithographed ;
" Document " includes any painting, drawing, or photograph or
other visible representation ;
" Disaffection " includes disloyalty and all feelings of enmity.
3. (i) Any person who prints, publishes, imports, sells, offers for issue, or
sale, distributes, or has in his possession any newspaper, book, or eta,°of^sedrt'ions
document, or any extract from any newspaper or book, or who ^Q^oae*Qc°°^ '^
wTites, prepares or produces any book or document, containing any
words, signs, or \dsible representations which are likely or may have
a tendency, directly or indirectly, whether by inference, suggestion,
allusion, metaphor, implication, or otherwise —
(a) to incite to murder or to any act of violence ; or
(6) to seduce any member of any armed force serving the
Federated Malay States or any officer, soldier, or sailor
in the Army or Navy of His Britannic Majesty from
his allegiance or his duty ; or
(c) to bring into hatred or contempt any of the Rulers of the
Federated Malay States or the Government thereof or
His Britamiic Majesty or the Government established
by law in the United Ivingdom or in any British possession,
or the administration of justice in any of such places, or
any class or section of the subjects of any of the said Rulers
or of His said Majesty in any of such places or to excite
677
678
No. 27 OF 1919.
Importation, or
sale, etc., of any
publication
prohibited by
tlie Chief
Secretary to
Government to
be imported is
an offence.
Innocent
receiver of
seditious or
prohibited
publication.
disaffection towards any of the said Rulers or His said
Majesty or any of the said Governments ; or
(d) to put any person in fear or to cause annoyance to him and
thereby induce him to deliver to any person any property
or valuable security, or to do any act which he is not legally
bound to do, or to omit to do any act which he is legally
entitled to do ; or
(e)
to encourage or incite any person to interfere with the
administration of the law or with the maintenance of law
and order
or
(/) to convey any threat of injury to a public servant, or any
person in whom that public servant is believed to be
interested, with a view to inducing that public servant
to do any act or to forbear or delay to do any act connected
with the exercise of his public functions,
shall be guilty of an offence against this Enactment, and such
newspaper, book, or document or such extract shall be forfeited and
may be destroyed or otherwise disposed of as the Chief Secretary to
Government directs.
(ii) Comments expressmg disapproval of the measures of any such
Government as aforesaid with a view to obtain their alteration by
lawful means, or of the administrative or other action of any such
Government, or of the administration of justice in any such place as
aforesaid without exciting or attempting to excite hatred, contempt,
or disaffection are not within the scope of paragraph (c) of sub-
section (i).
4. (i) The Chief Secretary to Government may, by order published
in the Gazette, prohibit to be imported or brought into the Federated
Malay States any newspaper, book, or document.
(ii) Any person who imports, sells, distributes, publishes, prints,
or has in his possession any newspaper, book, or document which is
so prohibited to be imported or brought into the Federated Malay
States or any extract from such newspaper or book shall be guilty
of an offence against this Enactment, and such newspaper, book, or
document or such extract shall be forfeited and may be destroyed or
otherwise disposed of as the Chief Secretary to Government directs.
5. Any person to whom
(fl) any newspaper, book, or document or any extract from any
newspaper or book containing words, signs, or visible
representations of the nature described in Section 3 ; or
(&) any newspaper, book, or document which has been prohibited
to be imported under Section 4 or any extract from such
newspaper or book
has been sent without his knowledge or privity shall forthwith
deliver to the officer in charge of the nearest Police Station such
newspaper, book, or document or such extract, and in default thereof
shall be guilty of an offence against this Enactment.
SEDITIOUS PUBLICATIONS (PROHIBITION).
679
6. A person who has complied with the provisions of Section 5 or
has been convicted of a breach thereof shall not be liable to be
convicted of the offence of having in his possession any such news-
paper, book, or document or any such extract under Section 3 or 4.
7. A Court of a Magistrate may issue a warrant empowering any
police officer not below the rank of Inspector to make entry and
search
(a) for any newspaper, book, or document or any extract from
any newspaper or book, containing words, signs, or visible
representations of the nature described in Section 3 ; or
(6) for any newspaper, book, or document which has been
prohibited to be imported under Section 4 or any extract
from such newspaper or book
upon and in any premises where any such newspaper, book, or
document or any such extract maj^ be or may be reasonably
suspected to be.
8. (i) Any officer authorized by the Chief Secretary to Govern-
ment in this behalf may detain and search any package brought into
the Federated Malay States which he suspects to contain —
(a) any newspaper, book, or document or any extract from any
newspaper or book contaming words, signs, or visible
representations of the nature described in Section 3 ; or
(6) any newspaper, book, or document which has been proliibited
to be imported under Section 4 or any extract from such
newspaper or book,
and shall detain during such search any person bringing such package
into the Federated Malay States.
(u) If any such newspaper, book, or document or any such extract
is found in such package, the person bringing such package may
forthwith be arrested and proceeded against for the commission of an
offence against this Enactment.
9. (i) The Director of Posts and Telegraphs, Federated Malay
States, or any officer authorized by him in this behalf may detain any
article in course of transmission by post which he suspects to
contain —
(a) any newspaper, book, or document or any extract from any
newspaper or book containing words, signs, or visible
representations of the nature described in Section 3 ; or
(6) any newspaper, book, or document which has been prohiliited
to be imported under Section 4, or any extract from such
newspaper or book,
and shall deliver all such articles to such officer as the Chief Secretary
to Government appoints in this behalf, to be disposed of in such
manner as the Chief Secretary to Government directs.
10. Any person who is guilty of an offence against this Enactment
shall be liable to penal servitude for life, or to imprisonment of either
description for a term which may extend to seven years, or to a fine
not exceeding ten thousand dollars, or to both such penal servitude
and fine or to both such imprisonment and fine.
Effect of
compliance
with or
conviction
under Section 5,
Issue of search-
warrant.
Detention and
search of
imported
packages
suspected to
contain
seditious or
prohibited
publications.
Detention of
suspected
articles
transmitted
by post.
Penalty for
offence.
ENACTMENT NO. 1 OF 1920.
An Enactment to charge upon the public revenues the
principal and interest of certain Bonds proposed to
be issued in the Straits Settlements.
E. L. Brockman,
Presideyit of the Federal Council.
[27th January, 1920.
30th January, 1920.]
Preamble.
Short title
and commence-
ment.
Loan issued
under S. S. law
to be a charge
on general
revenue.
Whereas by the preamble of a Bill, entitled an Ordinance to
provide for raising money to be lent to His Majesty's Government,
which is about to be introduced into the Legislative Council of the
Colony of the Straits Settlements, it is declared to be desirable that
a further opportunity be afforded for the local investment of
moneys with the Government by way of loan in ordei that such
moneys may be available for settlement of Imperial post-war
liabihty :
And whereas by the said Bill provision is made for the raising
of money by the issue in the said Colony of bonds payable to bearer
and for the lending of the money so raised to His Britannic Majesty's
Government :
And whereas the principal moneys and interest represented by
the said bonds are by the said Bill proposed to be charged upon
and declared to be payable out of the general revenue and assets
of the said Colony :
And whereas with a view to promoting and furthering the
local raising of money for loan to His Britannic Majesty's Govern-
ment under the provisions of the said Bill when passed into law
the Government of the Federated Malay States desires to provide
further security for bonds to be issued under the provisions of such
law by charging the same upon the general revenues and assets of
the Federated Malay States :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Victory Loan Enact-
ment, 1920," and shall come into force on the pubhcation thereof
in the Gazette.
2. The principal moneys and interest represented by the bonds
to be issued under the provisions of the Bill hereinbefore referred
to when the same shall have been passed (whether with or without
amendment) into law in the Colony of the Straits Settlements are
hereby charged upon and shall be payable out of the general
revenues and assets of the Federated Malay States and of each
of them.
680
VICTORY LOAN.
681
3. Except so far as the requisite appropriation may in any half- Payment of
year have been made in the Colony, the Chief Secretary to Govern- "''^"^^s'-
ment shall, in each half-year ending with the day on which the
interest on the bonds falls due, appropriate out of the general
revenues and assets of the Federated Malay States a sum equal to
the interest due for such half-year, in order that the said interest
may be paid therefrom. '
4. The said bonds shall be exempt from all duties other than
duties on estates of deceased persons and from all taxes levied or
leviable or which may hereafter be levied or leviable in the Federated
Malay States.
5. The said bonds shall be accepted at par in payment of duties Duty on estates
on estates of deceased persons. plreons^may be
paid in bonds.
Exemption
from duties and
taxes.
commencement,
and repeal.
ENACTMENT NO. 4 OF 1920.
An Enactment to consolidate and amend the law relating
to the grant of Probates of Wills and Letters of
Admim'stration to the estates of deceased persons
and the appointment and powers of Official Adminis-
trators.
L. N. GuiLLEMARD, [8th May, 1920.
President of the Federal Council. 21st May, 1920.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
Chapter I.
PRELIMINARY.
Short title, 1. (i) Tliis Enactment may be cited as " The Probate and
Administration Enactment, 1920," and shall, with the exception
of Chapter III, come into force on the pubhcation thereof in the
Gazette.
(ii) Chapter III shall come into force on such date as shall be
appointed in that behalf by the Chief Secretary to Government by
notification in the Gazette.
(iii) Upon the pubhcation of this Enactment in the Gazette the
Enactments mentioned in the first schedule shall be repealed.
(iv) Upon the coming into force of Chapter III the Enactments
mentioned in the second schedule shall be repealed.
Interpretation, 2. In this Enactment, unless there is something repugnant in
the subject or context,
" Administrator " means a person appointed by competent
authority to administer the estate of a deceased person when there
is no executor ;
" Codicil " means an instrument made in relation to a will and
explaining, altering, or adding to its dispositions. It is considered
as forming an additional part of the will ;
" Court " means the Supreme Court and includes, in cases where
he or they are empowered to act, the Registrar, Assistant Registrars,
and Deputy Registrars of the Supreme Court ;
" Demonstrative legacy " means a legacy directed to be paid
out of specified property ;
'^ Executor " means a person to whom the execution of the last
will of a deceased person is, by the testator's appointment, confided ;
682
PROBATE AND ADMINISTRATION.
683
" Minor " means any person who has not completed his age of
twenty-one years, and " minority" means the status of any such
person ;
" Probate " means the copy of a will certified under the seal of
a Court of competent jurisdiction, with a grant of administration
to the estate of the testator ;
" Specific legacy " means a legacy of specified property ;
" Will " means the legal declaration of the intentions of the
testator with respect to his property, which he desires to be carried
into effect after his death,
3. The jurisdiction to grant probates of wills and letters of Jurisdiction.
administration to the estates of deceased persons shall be as
prescribed by " The Courts Enactment, 1918."
Chapter II.
GRANT OF PROBATE AND LETTERS OF ADMINISTRATION.
4. The executor or administrator, as the case may be, of a
deceased person is his legal representative for all purposes, and all
the property of the deceased person vests in him as such ; provided
that nothing herein contained shall vest in an executor or adminis-
trator any property of a deceased person which would otherwise
have passed by survivorship to some other person.
5. When a will has been proved and deposited in a Court of
competent jurisdiction situated beyond the limits of the Federated
Malay States, and a properly authenticated copy of the will is
produced, letters of administration may be granted with a copy of
such copy annexed.
6. Probate can be granted only to an executor appointed by the
will.
7. The appointment may be express or by necessary impHcation.
Illustrations.
(a) A wills that C be his executor if B will not. B is appointed executor
by implication.
(6) A gives a legacy to B and several legacies to other persons, among the
rest to his daughter-in-law, C, and adds, " but should the within-named C
be not living, I do constitute and appoint B my whole and sole executrix."
C is appointed executrix by implication.
(c) A appoints several persons executors of his will and codicils, and his
nephew residuary legatee, and in another codicil are these words : "I appoint
my nephew my residuary legatee to discharge all lawful demands against
my will and codicils, signed of different dates." The nephew is appointed
an executor by implication.
8. Probate cannot be granted to any person who is a minor or
is of unsound mind.
9. When several executors are appointed, probate may be
granted to them all simultaneously or at different times.
Illustration.
A is an executor of B's will by express appointment, and C an executor
of it by implication. Probate may be granted to A and C at the same time,
or to A first and then to C, or to C first and then to A.
Status and
property of
executor or
administrator
as sucti.
Administration
with copy
annexed of
authenticated
copy of will
proved abroad.
Probate only to
appointed
executor.
Appointment
express or
implied.
To whom pro-
bate cannot be
granted.
Grant of pro-
bate to several
executors
simultaneously
or at different
times.
684
No. 4 OF 1920.
Where codicil
discovered after
grant of
probate.
Accrual of
representation
to surviving
executor.
Effect of
probate.
To whom
administration
cannot be
granted.
Effect of letters
of administra-
tion.
Acts not
validated by
administration.
Grant of
administration
where executor
has not
renounced.
Form and effect
of renunciation
of executorship.
Where executor
renounces or
fails to accept
within time
limited.
Grant of
administration
to universal or
residuary
legatee.
10. (i) If a codicil be discovered after the grant of probate, a
separate probate of that codicil may be granted to the executor, if
it in no way repeals the appointment of executors made by the will.
(ii) If different executors are appointed by the codicil, the probate
of the will must be revoked and a new probate granted of the will
and the codicil together.
11. When probate has been granted to several executors and
one of them dies, the entire representation of the testator accrues
to the survi\Tng executor or executors.
12. Probate of a -odll, when granted, establishes the will from the
death of the testator and renders vahd all intermediate acts of the
executor as such.
13. Letters of administration cannot be granted to any person
who is a minor or of unsound mind.
14. Letters of administration entitle the administrator to all
rights belonging to the intestate as effectually as if the administra-
tion had been granted at the moment after his death.
15. Letters of administration do not render vahd any intermediate
acts of the administrator tending to the diminution or damage of
the intestate's estate.
16. When a person appointed an executor has not renounced the
executorship, letters of administration shall not be granted to any
other person imtil a citation has been issued caUing upon the
executor to accept or renounce his executorship ; provided that,
when one or more of several executors has or have proved a will,
the Court may, on the death of the survivor of those who have
proved, grant letters of administration without citing those who
have not proved.
17. The renunciation may be made orally in the presence of the
Court, or by a Avriting signed by the person renouncing, and when
made shall preclude him from ever thereafter applying for probate
of the will appointing him executor.
18. If the executor renounces, or fails to accept, the executorship
within the time limited for the acceptance or refusal thereof, the
will may be proved and letters of administration mth a copy of
the will annexed may be granted to the person who would be
entitled to administration in case of intestacy.
19. When
(a) the deceased has made a will but has not appointed an
executor, or
{b) the deceased has appointed an executor who is legally
incapable or refuses to act, or has died before the testator,
or before he has proved the will, or
(c) the executor dies after having proved the will but before he
has administered all the estate of the deceased,
a universal or a residuary legatee may be admitted to prove the
will, and letters of administration with the will annexed may be
granted to him of the whole estate or of so much thereof as may
be unadministered.
PROBATE AND ADMINISTRATION.
20. When a universal or a residuary legatee who has a beneficial
interest survives the testator but dies before the estate has been
fully administered, his representative has the same right to adminis-
tration with the will annexed as such universal or residuary legatee.
21. When there is no executor and no universal or residuary
legatee or representative of a universal or residuary legatee, or he
declines or is incapable to act, or cannot be found, the person or
persons who would be entitled to the administration of the estate
of the deceased if he had died intestate, or any other legatee having
a beneficial interest, or a creditor, may be admitted to prove the
will, and letters of administration may be granted to him or them
accordingly,
22. Letters of administration with the will annexed shall not be
granted to any legatee other than a universal or a residuary
legatee until a citation has been issued and published in the mamier
hereinafter mentioned, caUing on the next-of-kin to accept or
refuse letters of administration.
23. When the testator is a public servant not domiciled in the
Malay Peninsula and no executor or universal or residuary legatee
or representative of such legatee can be found within fourteen days
after the death of such pubHc servant within the jurisdiction willing
and capable to act, any person authorized thereto in writing by
the Resident of the State wherein the apphcation for letters of
administration is made may be admitted to prove the will, and
letters of administration may be granted to him accordingly.
24. (i) When the deceased has died intestate, administration of
his estate may be granted to any person who, according to the
rules for the distribution of the estate of an intestate applicable in
the case of such deceased, would be entitled to the whole or any
part of such deceased's estate.
(ii) When several such persons apply for administration, it shall
be in the discretion of the Court to grant it to any one or more of
them.
(iii) When no such person appHes, it may be granted to a creditor
of the deceased.
25. When a public servant not domiciled in the Malay Peninsula
has died intestate and no person who, according to the rules for
the distribution of the estate of an intestate apphcable in the case
of such deceased, would be entitled to the whole or any part of
such deceased's estate has appHed for administration within fourteen
days after the death of such pubHc servant, administration of his
estate may be granted to any person authorized in writing by the
Resident of the State wherein the apphcation for letters of adminis-
tration is made to make apphcation in that behalf.
26. Nothing in this Enactment shall affect the powers of the
Chief Pohce Officer of any State to order the property of any
person dying intestate in such State, leaving movable property
therein under one hundred dollars in value, which property is, in
the absence of any persoa entitled thereto, taken charge of by the
Police for the purpose of safe custody, to be deUvered, without
letters of administration taken out, under the provisions of Sections
28 and 29 of the Pohce Eorce Enactments, 1905.
Right of repre-
sentative of
deceased
universal or
residuary-
legatee.
Wiiere no
executor or
universal or
residuary
legatee or
representative
of such legatee.
Citation before
grant of
administration
to legatee other
than universal
or residuary.
When testator
is a public
servdnt not
domiciled in
Malay Penin-
sula,
To whom
administration
of intestate's
estate may be
granted.
When public
servant, not
domiciled in
Malay Penin-
sula, dies
intestate.
Powers of
Chief Police
Officers not
affected.
686
No. 4 OF 1920.
Commission to
executors or
administrators.
27. The Court may in its discretion allow to executors or
administrators a commission not exceeding five per cent, on the
value of the assets collected by them, but in the allowance or
disallowance of such commission the Court shall be guided by its
approval or otherwise of their conduct in the administration of the
estate.
Appointment of
Official Admin-
istrator and
Assistants,
Grant of
administration
to Official
Administrator
Estates to vest
in Official
Administrator.
Official Admin-
istrator may
take possession
of property.
Penalty for
removing, etc.,
such property.
Chapter III,
GRANT TO, AND POWERS OF, OFFICIAL
ADMINISTRATOR.
28. (i) The Chief Secretary to Government may from time to
time appoint such person or persons as he thinks fit, by name or
office, to be Official Administrator or Administrators or Assistant
Official Administrator or Administrators of the property of deceased
persons for the purposes of this Chapter, and may define the limits
within which any Official Administrator or Assistant Official
Administrator shall exercise and perform his powers and duties,
(ii) An Assistant Official Administrator shall have and may
exercise all the powers of an Official Administrator within the
limits defined for such Assistant Official Administrator under
sub-section (i) but shall act under the general control and super-
vision of an Official Administrator.
29. (i) In any case where a person dies intestate or without
appointing executors or where no executor takes out probate
of the will, the Official Administrator may apply for letters of
administration of the estate and effects of such intestate or of
such testator ; and in any case where six months shall have
elapsed after the death of such intestate or testator without any
application for letters of administration or for probate being made
by any person it shall be the duty of the Official Administrator so
to apply, unless he is satisfied that there is good and sufficient
cause for the delay.
(ii) On ajiplication being made by the Official Administrator
under sub-section (i) letters of administration shall be granted to the
Official Administrator accordingly, imless in any particular cases the
Court for sufficient reasons directs that letters of administration
be granted to a person other than the Official Administrator.
30. From and after the decease of persons dying intestate and
until letters of administration shall be granted in respect of their
estates and effects, the estates and effects which were of such
deceased persons shall be vested in the Official Administrator.
31. The Official Administrator, or an Assistant Official Adminis-
trator, acting within the local limits (if any) defined for him under
Section 28, may, so soon as he learns, on such evidence as he shall
deem sufficient, that any person has died intestate leaving property
in the Federated Malay States, or within such limits as aforesaid,
forthwith take possession thereof and provide for the safe custody
thereof until letters of administration are granted by the Court.
32. Any person who shall without lawful authority or excuse
remove or attempt to remove out of the State wherein the same is
PROBATE AND ADMINISTRATION.
687
situate any portion of such property, or shall destroy, conceal, or
refuse to yield up the same on demand to the Official Administrator
or Assistant Official Administrator, shall be guilty of an offence and
liable on conviction to fine not exceeding five hundred dollars and
also to imprisonment of either description for a term not exceeding
six months.
33. (i) No suit shall be brought against the Official Administrator xo suit against
or any Assistant Official Administrator for an}i;hing done by him Administrator;
in relation to such property under the authority or in the execution remedy by
or intended execution of the powers vested in him by Section 31 ; ^^ ' '°"'
but any person who shall feel aggrieved thereby may apply for
redress to the Supreme Court by petition supported by affidavit.
(ii) Every petition under this section shall be filed with the
Registrar, or Assistant or Deputy Registrar, together with so many
copies thereof as may be required for service upon the persons
intended to be served therewith, and the Registrar, or Assistant or
Deputy Registrar, shall mark on the original and on each copy a
day on which the same is to be heard. Copies of such petitions
shall be served in the manner prescribed for service of summons,
and upon the hearing of such petition, in Court or in Chambers, the
said Court may take such evidence as it shall think fit and may
make any order in relation to such property which the justice of
the case requires.
34. (i) When the property of a deceased person is administered commission on
by the Ofiicial Administrator under this Enactment no commission admfn'i'stered
shall be allowed under Section 27, but there shall be payable on byOflaciai
the value of the property so administered a commission at such "^^""^ ^^ °^'
rates as may be from time to time prescribed by rule made by the
Chief Secretary to Government and published in the Gazette, and
such commission shall be credited to the pubHc revenue.
(ii) Where the commission payable under sub-section (i) in
respect of the property of any person administered by the Ofiicial
Administrator would not amount to ten dollars, there shall be
payable in respect of such administration and in lieu of the said
commission the sum of ten dollars.
35. The Official Administrator shall have a lien upon all such Lien of official
property for the reasonable expenses incurred by him in respect ^'^^^'i^trator
thereof in carrying out the provisions of this Enactment and for
the commission, or sum in Heu of commission, payable under
Section 34, and such expenses and commission, or sum, shall also
constitute a first charge on the estate of the deceased.
36. The Chief Secretary to Government may, by notification in Rules.
the Gazette, make rules for the due conduct of the duties of Official
Administrators and Assistant Official Administrators and to
prescribe the remuneration (if any) to be granted to them for their
services.
688
No. 4 OF 1920.
Probate of copy
or draft of lost
wilJ.
Probate of
contents of lost
or destroyed
will.
Probate of copy
where original
exists.
Administration
until will
produced.
Administration,
with will
annexed, to
attorney of
absent executor.
Administration,
with will
annexed, to
attorney of
absent person
entitled.
Administration
in intestacy to
attorney of
absent perso>i
entitled.
Administration
during minority
of sole executor
or residuary
legatee.
Administration
dnring minority
of several
executors or
residuary
legatees.
Chapter IV.
LIMITED GRANTS.
A. — Grants Limited in Duration.
37. When the will has been lost or mislaid since the testator's
death, or has been destroyed by wrong or accident and not by any
act of the testator, and a copy or the draft of the will has been
preserved, probate may be granted of such copy or draft, limited
mitil the original or a properly authenticated copy of it be produced,
38. When the will has been lost or destroyed and no copy has
been made nor the draft preserved, probate may be granted of its
contents, if they can be estabhshed by evidence.
39. When the wiU is in the possession of a person residing out
of the Federated Malay States who has refused or neglected to
deliver it up, but a copy has been transmitted to the executor,
and it is necessary for the interests of the estate that probate
should be granted without waiting for the arrival of the original,
probate may be granted of the copy so transmitted, limited until
the will or an authenticated copy of it be produced.
40. When no Mill of the deceased is forthcoming, but there is
reason to beHeve that there is a will in existence, letters of adminis-
tration may be granted, hmited until the will or an authenticated
copy of it be produced.
B. — Grants for the Use and Benefit of Others having Right.
41. When any executor is absent from the Federated Malay
States and there is no executor within the Federated Malay States
wilUng to act, letters of administration v/ith the will annexed may
be granted to the attorney of the absent executor, for the use and
benefit of his principal, limited luitil he shall obtain probate or
letters of administration granted to himself.
42. When any person to whom, if present, letters of administra-
tion with the will annexed might be granted is absent from the
Federated Malay States, letters of administration with the will
annexed may be granted to his attorney, limited as above-mentioned.
43. When a person entitled to administration in case of intestacy
is absent from the Federated Malay States and no person equally
entitled is willing to act, letters of administration may be granted
to the attorney of the absent person, limited as above-mentioned.
44. When a minor is sole executor or sole residuary legatee,
letters of administration with the will annexed may be granted to
the legal guardian of such minor, or to such other person as the
Court shall think fit, until the minor has attained his majority, at
which period, and not before, probate of the will shall be granted
to him.
45. When there are two or more minor executors and no executor
who has attained majority, or two or more residuary legatees and
no residuary legatee who has attained majority, the grant shall be
limited until one of them has attained his majority.
PROBATE AND ADMINISTEATION.
689
46. If a sole executor or a sole universal or residuary legatee, or
a person who would be solely entitled to the estate of the intestate
according to the rules for the distribution of the estate of an
intestate applicable in the case of the deceased, be a minor or
lunatic, letters of administration with or without the will annexed,
as the case may be, shall be granted to the person to whom the
care of his estate has been committed by competent authority or,
if there be no such person, to such other person as the Court thinks
fit to appoint, for the use and benefit of the minor or lunatic, until
he attains majority or becomes of sound mind, as the case may be.
47. Pending any suit touching the validity of the will of a
deceased person or for obtaining or revoking any probate or any
grant of letters of administration, the Court may appoint an
administrator of the estate of such deceased person, who shall
have all the rights and powers of a general administrator other than
the right of distributing such estate ; and every such administrator
shall be subject to the immediate control of the Court and shall
act under its direction.
Administration
for use and
benefit of minor
or lunatic.
Administration
pendente lite-
C. — Grants for Special Purposes.
48. If an executor be appointed for any limited purpose specified
m the will, the probate shall be limited to that purpose, and, if he
appoint an attorney to take administration on his behalf, the letters
of administration with the will annexed shall be limited accordingly,
49. If an executor appointed generally give an authority to an
attorney to prove a will on his behaK and the authority is limited
to a particular purpose, the letters of administration with the will
annexed shall be limited accordingly.
50. Where a person dies, leaving property of which he was the
sole or surviving trustee or in which he had no beneficial interest on
his own account, and leaves no general representative or one who is
unable or unwilling to act as such, letters of administration, limited
to such property, may be granted to the beneficiary or to some
other person on his behalf.
51. When it is necessary that the representative of a person
deceased be made a party to a pending suit and the executor or
person entitled to administration is unable or unwilling to act,
letters of administration may be granted to the nominee of a party
in such suit, limited for the purpose of representing the deceased
in the said suit, or in any other suit which may be commenced in
the same or in any other Court between the parties, or any other
parties, touching the matters at issue in the said suit, and until a
final decree shall be made therein and carried into complete
execution.
52. If at the expiration of twelve months from the date of any
probate or letters of administration the executor or administrator
to whom the same has or have been granted is absent from the
Federated Malay States, the Court may grant to any person whom
it thinks fit letters of administration limited to the purpose of
becoming and being made a party to a suit to be brought against
the executor or administrator and carrying the decree which may
be made therein into effect.
Probate limited
to purpose
specified in
will.
Administration
with will
annexed limited
to particular
purpose.
Administration
limited to trust
property.
Administration
limited to suit.
Administration
limited to
purpose of
becoming party
to suit to be
brouglit against
executor or
administrator.
Ill — 44
690
No. 4 OF 1920.
Administration
limited to
collection and
preservation of
deceased's
property.
Appointment
as administrator
of person other
than one who
under ordinary
circumstances
would be
entitled to
administration.
53. In any case in which it appears necessary for preserving the
property of a deceased person, the Court may grant, to any person
whom the Court thinks fit, letters of administration Umited to the
collection and preservation of the property of the deceased and to
giving discharges for debts due to his estate, subject to the directions
of the Court.
54. (i) When a person has died intestate, or leaving a will of
wliich there is no executor willing and competent to act, or where
the executor is, at the time of the death of such person, resident
out of the Federated Malay States, and it appears to the Court to
be necessary or convenient to appoint some person to administer
the estate or any part thereof other than the person who under
ordinary circumstances would be entitled to a grant of administra-
tion, the Court may in its discretion, having regard to consanguinity,
amount of interest, the safety of the estate, and the probability that
it will be properly administered, appoint such person as it thinks
fit to be administrator,
(ii) In every such case letters of administration may be limited
or not, as the Court thinks fit.
Probate or
administration
with will
annexed subject
to eiception.
Administration
subject to
eiception.
Additional
administrator.
D.— Grants with Exception.
55. Whenever the nature of the case requires that an exception
be made, probate of a will or letters of administration with the will
annexed shall be granted subject to such exception.
56. Whenever the nature of the case requires that an exception
be made, letters of administration shall be granted subject to such
exception.
56a. Whenever the nature of the case requires the Court may
appoint an additional administrator or additional administrators
to act jointly with the original administrator and on such terms
as the Court may think fit.
Probate or
administration
of the rest.
E. — Grants of the Rest.
57. Whenever a grant wdth exception, of probate, or of letters
of administration with or without the will annexed, has been made,
the person entitled to probate or administration of the remainder
of the deceased's estate may take a grant of probate or letters of
administration, as the case may be, of the rest of the deceased's
estate.
F, — Grants of Effects Unadministered,
Grant of effects 58. If the cxccutor to whom probate has been granted has died
unadministered. leaving a part of the testator's estate unadministered, a new
representative may be appointed for the purpose of administering
such part of the estate,
Euies as to 59. In granting letters of administration of an estate not fully
Sminis^tS administered the Court shall be guided by the same rules as apply
to original grants and shall grant letters of administration to those
persons only to whom original grants might have been made.
PROBATE AND ADMINISTRATION.
691
60. When a limited grant has expii*ed by effluxion of time or when limited
the happening of the event or contingency on which it was limited fnd^ldm?n^stra-
and there is still some part of the deceased's estate miadministered, tion incomplete.
letters of administration shall be granted to those persons to whom
original grants might have been made.
Chapter V.
ALTERATION AND REVOCATION OF GRANTS.
61. Errors in names and descriptions, or in setting forth the
time and place of the deceased's death, or the purpose in a limited
grant, may be rectified by the Court, and the grant of probate
or letters of administration may be altered and amended accordingly.
62. If, after the grant of letters of administration with the will
annexed, a codicil be discovered, it may be added to the grant
on due proof and identification, and the grant may be altered and
amended accordingly.
63. The grant of probate or letters of administration may be
revoked or annulled for just cause.
Explanation : " Just cause " is — ■
(1) that the proceedings to obtain the grant were defective in
substance ;
(2) that the grant was obtained fraudulently by maldng a
false suggestion or by conceahng from the Court some-
thing material to the case ;
(3) that the grant was obtained by means of an untrue
allegation of a fact essential in point of law to justify
the grant, though such allegation was made in ignorance
or inadvertently ;
(4) that the grant has become useless and inoperative through
circumstances ;
(5) that the person to whom the grant was made has wiKuUy
and without reasonable cause omitted to exhibit an
inventory or account in accordance with the provisions
of Chapter VIII of this Enactment, or has exhibited
under that Chapter an inventory or account which is
untrue in a material respect.
Illustrations.
(a) The Coiirt by which the grant was made had no jurisdiction.
(b) The grant was made without citing parties who ought to have been
cited.
(c) The will of which probate was obtained was forged or revoked.
(d) A obtained letters of administration to the estate of B, as his widow,
but it has since transpired that she was never married to him.
(e) A has taken administration to the estate of B as if he had died intestate,
but a wiU has since been discovered.
(/) Since probate was granted a later will has been discovered.
iq) Since probate was granted a codicil has been discovered which revokes
or adds to the appointment of executors under the will.
{h) The person to whom probate was, or letters of administration were,
granted has subsequently become of unsoiind mind.
What errors
may be
rectified by
Court.
When codicil
discovered after
grant of
administration
with will
annexed.
Revocation or
annulment for
just cause.
692
No. 4 OF 1920.
Chapter VI.
THE PRACTICE IN GRANTING AND REVOKING PROBATES
AND LETTERS OF ADMINISTRATION.
Court's powers 64. The Court shall have the like powers and authority in relation
pro^bateTnV^ to the granting of probate and letters of administration, and all
admiuistration. matters Connected therewith, as are by law vested in it in relation
to any civil suit or proceeding pending in the Court.
Court may order
person to
produce
testamentary
papers.
Regulation of
proceedings of
Court.
"When
probate or
administration
may be granted
by Court.
Conclusiveness
of probate or
letters of
administration.
65. (i) The Court may order any person to produce and bring
into Court any paper or writing being or purporting to be testa-
mentary, which may be shewn to be in the possession or under the
control of such person.
(ii) If it is not showti that any such paper or writing is in the
possession or under the control of such person but there is reason
to believe that he has knowledge of any such paper or writing,
the Court may direct him to attend for the purpose of being
examined respecting the same.
(iii) Such person shaU be bound to answer such questions as may
be put to him by the Court and, if so ordered, to produce and bring
in such paper or wtiting and shall be subject to the like jjunishment,
in case of default in not attending or not answering such questions
or not bringing in such paper or writing, as he would have been
subject to if he had been a party to a suit and had made such
default.
(iv) The costs of the proceeding shall be in the discretion of the
Court.
66. The proceedings of the Court in relation to the granting of
probate and letters of administration shall, except as hereinafter
otherwise provided, be regulated, so far as the circumstances of
the case will admit, by the Civil Procedure Code in force for the
time being.
67. Probate of the will or letters of administration to the estate
of a deceased person may be granted under the seal of the Court
and signature of the presiding officer, if it appears by a petition,
verified as hereinafter mentioned, of the person applying for the
same that the testator or intestate, as the case may be, had at
the time of his decease a fixed place of abode, or any property,
movable or immovable, within the jurisdiction of the Court.
68. Probate or letters of administration shall
(a) have effect over all the property, movable or immovable,
of the deceased throughout the Federated Malay States,
and
{b) be conclusive as to the representative title against all
debtors of the deceased and all persons holding property
which belongs to him, and
(c) afford full indemnity to all debtors paying their debts and
all persons deUvering up such property to the person to
whom such probate or letters of administration shall
have been granted.
PROBATE AND ADMINISTRATION.
693
69. The application for probate or letters of administration, if conciusiv
eness
made and verified in the manner hereinafter mentioned, shall be for^^robate'or
conclusive for the purpose of authorizing the grant of probate or administration,
administration, and no such grant shall be impeached by reason Ind'^Terified!*'^^
that the testator or intestate had no fixed place of abode, or no
property, mthin the jurisdiction of the Court at the time of his death,
unless by a proceeding to revoke the grant if obtained by a fraud
upon the Court.
70. AjJiihcation for probate or for letters of administration with Petition for
the \\'ill annexed shall be made by a petition distinctly written in P^'^^te.
EngUsh, with the will, or in the cases mentioned in Sections 37,
38, and 39 a copy, draft, or statement of the contents thereof,
annexed, and stating—
(a) the time of the testator's death ;
(6) that the writing annexed is his last will and testament, or
as the case may be ;
(c) that it was duly executed ;
(d) the amount of assets which are likely to come to the
petitioner's hands ;
(e) where the application is for probate, that the petitioner is
the executor named in the will ;
(/) that the deceased at the time of his death had a fixed place
of abode or had some property situate within the juris-
diction of the Court ; and
(g) that, to the best of the petitioner's belief, no application
has been made to the Court at any other place in the
Federated Malay States for probate of the same will or
for letters of administration with the same will annexed,
or, where any such application has been made, the place
at which it Was made, the person or persons by whom it
was made, and the proceeding, if any, had thereon.
71. In cases where the will, copy, or draft is Written in any j^ ^|j,^t ^ases
language other than English there shall be a translation thereof translation of
will to D6
annexed to the petition by a translator of the Court, if the language annexed to
be one for which a translator is appointed ; or, if the will, copy, or p^*^''^i°'i-
draft be in any other language, then by any person competent to
translate the same, in which case such translation shall be verified
by that person in the following manner :
"I (A. B.) do declare that I read and perfectly understand the
language and character of the original and that the above is a
true and accurate translation thereof."
72. AppHcation for letters of administration shall be made by petition for
petition distinctly written as aforesaid and statmg — id^mfnis*tratio
(a) the time and place of the deceased's death ;
(6) the family or other relatives of the deceased, and their
respective residences ;
(c) the right in which the petitioner claims ;
(d) the amount of assets which are likely to come to the
petitioner's hands ;
694
No. 4 OF 1920.
Petition for
probate or
administration
to be signed
and verified.
Verification of
petition for
probate by one
witness to will.
Punishment for
false averment
in petition or
declaration.
Court may
examine
petitioner,
require further
evidence, and
issue citations.
(e) that the deceased at the time of his death had a fixed
place of abode or had some property situate within the
jurisdiction of the Court ; and
(/) that, to the best of the petitioner's beHef, no application
has been made to the Court at any other place in the
Federated Malay States for letters of administration of
the same estate, or, where any such appUcation has
been made, the place at which it was made, the person
or persons by whom it was made and the proceeding, if
any, had thereon.
73. The petition for probate or letters of administration shall in
all cases be subscribed by the petitioner and be verified by the
petitioner in the following manner or to the like effect :
" I, (A. B.,) the petitioner in the above petition, declare that
what is stated therein is true, to the best of my information and
behef/'
74. Where the appUcation is for probate, or for letters of
administration with the will annexed, the petition shall also be
verified by at least one of the witnesses to the will (when procur-
able) in the following manner or to the like effect :
"I, (C. D.,) one of the witnesses to the last will and testament
of the testator mentioned in the above petition, declare that I
was present and saw the said testator affix his signature {or mark)
thereto {as the case may he) {or that the said testator acknowledged
the writing annexed to the above petition to be his last will and
testament in my presence)."
75. If any petition or declaration which is hereby required to be
verified contains any averment which the person making the
verification knows or believes to be false, such person shall be
subject to pimishment according to the provisions of the law for
the time being m force for the punishment of giving or fabricating
false evidence.
76. (i) In all cases the Court may, if it thinks fit,
Caveats against
grant of probate
or administra-
tion.
(a)
ic)
examine the petitioner in person upon oath or affirmation ;
require further evidence of the due execution of the will,
or of the right of the petitioner to letters of adminis-
tration, as the case may be ; and
issue citations calling upon all persons claiming to have
any interest in the estate of the deceased to come and
see the proceedings before the grant of probate or letters
of administration,
(ii) Every citation shall be fixed up in some conspicuous part of
the Court-house, shall be served upon such persons as the Court
may direct, and shall be otherwise published or made known in
such manner as the Court may direct.
77. (i) Caveats against the grant of probate or letters of adminis-
tration may be lodged with the Registrar, or with any Assistant
Registrar or Deputy Registrar, of the Supreme Court.
(ii) Immediately on a caveat being lodged, the officer with
whom the same is lodged shall send a copy thereof to every other
PROBATE AND ADMINISTRATION. 695
Assistant Registrar and Deputy Registrar of the Supreme Court,
and, if he be not the Registrar, to the Registrar.
78. The caveat shall be to the following effect : Nature of
caveat,
" Let nothing be done in the matter of the estate of A. B., late
of , deceased, who died on the day of ,
19 , at , without notice to C. D., of
79. No proceeding shall be taken on a petition for probate or Effect of caveat,
letters of administration after a caveat against the grant thereof
has been entered with the Court at the place at which the apphcation
has been made, or notice thereof has been given of its entry at
some other place, until after such notice to the person by whom
the same has been entered as the Court shall think reasonable.
80. Whenever it appears to the Court that probate of a will Form of grant
should be granted, the Court shall grant the same under its seal °^ p^^ate.
in manner following :
"I, (Chief Judicial Commissioner or Judicial Commissioner or
Registrar, Assistant Registrar, or Deputy Registrar of the Supreme
Court,) hereby make laioWn that on the day of
in the year the last will of , late of ,
a copy whereof is hereunto annexed, was proved and registered
before me, and that administration of the property and credits of
the said deceased, and in any Way concerning his will. Was granted
to , the executor in the said will named, he having
undertaken to administer the same and to make a full and true
inventory of the said property and credits and exhibit the same
in this Court within six months from the date of this grant or
within such further time as the Court may from time to time
appoint, and also to render to this Court a true account of the
said property and credits within one year from the same date or
within such further time as the Court may from time to time appoint.
The day of , 19 ."
81. Whenever it appears to the Court that letters of administra- Form of grant
tion to the estate of a person deceased, with or without a copy of administration.
the will annexed, should be granted, the Court shall grant the
same under its seal in manner following : —
"I, (Chief Judicial Commissioner or Judicial Commissioner or
Registrar, Assistant Registrar, or Deputy Registrar of the Supreme
Court), hereby make known that on the day of
in the year letters of administration (with or
without the will annexed, as the case may be) of the property and
credits of , late of , deceased,
Were granted to , the (father or as the case
may he) of the deceased, he having undertaken to administer the
same and to make a full and true inventory of the said property
and credits and exhibit the same in this Court witliin six months
from the date of this grant or within such further time as the
Court may from time to time appoint, and also to render to this
Court a true account of the said property and credits within one
year from the same date or within such further time as the Court
may from time to time appoint.
The day of , 19 ."
696
No. 4 OF 1920.
Administration
bond.
Assignment of
administration
bond.
Discharge from
administration
bond.
Time before
wliich probate
or administra-
tion shall not
be granted.
TMns of wills
in Court.
82. Every person to whom, not being an Official Administrator
or Official Trustee (by whatever name called) appointed by or
under any legislative provision of the Ifederated Malay States or of
any of them or of the United Kingdom or any British Possession
or Protectorate, any grant of letters of administration is com-
mitted, and, if the Court so direct, any person to whom probate is
granted, shall give a bond to the Registrar of the Supreme Court
to enure for the benefit of the Registrar for the time being, with
two sureties in the amount at which the estate within the jurisdiction
is sworn, engaging for duly collecting, getting in, and administering
the estate of the deceased, which bond shall be in the form heretofore
in use or in such other form as the Judicial Commissioners or any
two of them, of whom the Chief Judicial Commissioner shall be one,
from time to time by any general or special order direct. Provided
that the Court may for sufficient reasons increase or decrease the
number of the sureties or dispense with them, and may reduce or
enhance the amount of the bond, and the Court in exercising its
discretion shall consider the standing of the parties, the nature of
the property, the amount of the debts, and the extent of the
administrator's personal interest or distributive share in the estate.
83. A Judicial Commissioner may, on application made by
petition and on being satisfied that the engagement of any such
bond has not been kept, and upon such terms as to security, or
providing that the money received be paid into Court, or otherwise
as the Judicial Commissioner may think fit, by order direct the
Registrar to assign the same to some proper person, to be named
in the order, who shall, upon such assignment, be entitled to sue
on the said bond in his own name as if the same had been originally
given to him instead of to the Registrar, and shall be entitled to
recover thereon, as trustee for all persons interested, the full
amount recoverable in respect of any breach thereof.
84. Where an executor or administrator who has given a bond
under Section 82, or under the corresponding provisions of any
Enactment hereby repealed, and is in possession of any part of the
estate of the testator or intestate has compHed with the provisions
of Section 102 so far as is practicable but is prevented from fully
complying therewith by reason of inability to ascertain or to com-
municate with the persons beneficially entitled to the residue in
his hands, he may exhibit in the Court an account, duly audited,
showing how the estate has been administered and may thereafter,
Avdth the leave of the Court, pay into Court the residue in his hands.
After such payment into Court the Court shall, unless good cause is
shewn to the contrary, discharge the executor or administrator and
his surety or sureties (if any) from the obligations of the said bond.
85. No probate of a will shall be granted until after the e^fpiration
of seven clear days, and no letters of administration shall be
granted until after the expiration of fourteen clear days, from the
day of the death of the testator or intestate.
86. (i) There shall be filed and preserved among the records of
the Supreme Court all original wills and authenticated copies of
wills of which probate or letters of administration with the will
annexed may be granted by the Court.
PROBATE AND ADMINISTRATION.
697
Saving of rights
where probate
or administra-
tion revoked.
(ii) The Judicial Commissioners or any two of them, of whom
the Chief Judicial Commissioner shall be one, may, with the approval
of the Chief Secretary to Government, make regulations for the
preservation and inspection of the wills or authenticated copies of
wiUs so filed as aforesaid.
87. After any grant of probate or letters of administration, no Exclusive
other than the person to whom the same shall have been granted g°a"ntee°of
shall have power to sue or prosecute any suit, or otherwise act as pJ"*]^^^ /"■ .
representative of the deceased, throughout the Federated Malay to sue, etc.
States, until such probate or letters of administration shall have
been revoked.
88. In any case before the Court in which there is contention the Procedure iu
proceedings shall take, as nearly as may be, the form of a suit, cases."'"*"^
according to the provisions of the Civil Procedure Code in force
for the time being, in which the petitioner for probate or letters of
administration, as the case may be, shaU be the plaintiff and the
person who may have appeared as aforesaid to oppose the grant
shall be the defendant.
89. Where any probate is, or letters of administration are,
revoked,
(a) all payments bond fide made to any executor or adminis-
trator under such probate or letters of administration
before the revocation thereof shall, notwithstandmg such
revocation, be a legal discharge to the person making the
same ; and
(6) the executor or administrator who shall have acted under
any such revoked probate or letters of administration may
retain and reimburse himself out of the assets of the
deceased in respect of any payments made by him which
the person to whom probate or letters of admmistration
shall be afterwards granted might have la\s^fully made.
90. Notwithstanding anything hereinbefore contained, it shall be
in the discretion of the Court to make an order refusing, for reasons
to be recorded by it in wTiting, to grant any application for letters
of administration made under this Enactment.
9
91. (i) When a grant of probate or letters of administration is
revoked or amiulled under this Enactment, the person to whom
the grant was made shall forthwith dehver up the probate or
letters to the Court at the place where the grant was made.
(ii) If such person wilfully and without sulficient cause omits so
to deliver up the probate or letters, he shall be punished with fine
which may extend to one thousand dollars, or with imprisonment
of either description for a term which may extend to three months,
or with both.
Power to refuse
letters of admin-
istration.
Surrender of
revoked probate
or letters of
administration.
Chapter VII.
THE POWERS OF AN EXECUTOR OR ADMINISTRATOR.
92. An executor or administrator has the same power to sue in Causes of action
respect of all causes of action that survive the deceased, and may deceased, and
exercise the same powers for the recovery of debts due to him at death .'^'^^ ^*
the time of his death, as the deceased had when living.
698
No. 4 OF 1920.
Demands and
rights of suit
survive to and
against
executor or
administrator.
Power of
executor or
administrator
to dispose of
property.
Purchase by
executor or
administrator
of deceased's
property.
Powers of
several
executors or
administrators
exercisable
by one.
93. All demands whatsoever, and all rights to prosecute or
defend any suit or other proceeding, existing in favour of or against
a person at the time of his decease survive to and against his
executors or administrators, except causes of action for defamation,
assault as defined in the Penal Code, or other personal injuries not
causing the death of the party, and except also cases where after
the death of the party the rehef sought could not be enjoyed or
granting it Would be nugatory.
Illustration.
A collision takes place on a railway in consequence of some neglect or
default of the officials, and a passenger is severely h\irt, but not so as to
cause death. He afterwards dies without having instituted any suit. The
cause of action does not survive.
94. (i) An executor or administrator has, subject to the pro-
visions of this section, power to dispose, as he thinks fit, of all or
any of the property for the time being vested in him under Section 4.
(ii) The power of an executor to dispose of immovable property
so vested in him is subject to any restriction which may be imposed
in this behalf by the will appointing him, unless probate has been
granted to him and the Court which granted the probate permits
him by an order in writing, notwithstanding the restriction, to
dispose of any immovable property specified in the order in a
manner permitted by the order.
(iii) An administrator may not, without the previous permission
of the Court by which the letters of administration were granted,
(a) mortgage, charge, or transfer by sale, gift, exchange, or
otherwise any immovable property for the time being
vested in him under Section 4, or
(b) lease any such property for a term exceeding five years,
(iv) A disposal of property by an executor or administrator in
contravention of sub-section (ii) or sub-section (iii), as the case
may be, is voidable at the instance of any other person interested
in the property.
(v) Before any probate or letters of administration is or are
granted under this Enactment there shall be endorsed thereon or
annexed thereto a copy of sub-sections (i), (ii), and (iv), or of sub-
sections (i), (iii), and (iv), as the case may be, and of Section 102.
(vi) No probate or letters of administration shall be rendered
invaUd by reason of the endorsement or annexure required by the
last preceduig sub-section not having been made thereon or
attached thereto, nor shall the absence of such an endorsement or
annexure authorize an executor or administrator to act otherwise
than in accordance with the provisions of this section.
95. If an executor or administrator purchases, either directly or
indirectly, any part of the property of the deceased, the sale is
voidable at the instance of any other person interested in the
property sold.
96. When there are several executors or administrators, the
powers of all may, in the absence of any direction to the contrary
in the will or grant of letters of administration, be exercised by any
one of them who has proved the will or taken out administration.
PROBATE AND ADMINISTRATION. 699
Illustrations.
(a) One of several executors has power to release a debt due to the deceased.
(b) One has power to surrender a lease.
(c) One has power to sell the property of the deceased, movable or
immovable.
(d) One has power to assent to a legacy.
(e) One has power to endorse a promissory note payable to the deceased.
(/) The will appoints A, B, C, and D to be executors and directs that two
of them shall be a quorum. No act can be done by a single executor.
97. Upon the death of one or more of several executors or survival of
administrators all the powers of the office become, in the absence powers on death
of any direction to the contrary in the will or grant of letters of executors or
administration, vested in the survivors or survivor. admiDistrators.
98. The administrator of effects unadministered has, with Powers of
respect to such effects, the same powers as the original executor of^"ffeotfun°'^
or administrator. administered.
99. An administrator during mmority has all the powers of an powers of
ordinary administrator, administrator
'' dunng
minority.
Chapter VIII.
THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR.
100. It is the duty of an executor to provide funds for the Deceased'!
performance of the necessary funeral ceremonies of the deceased in
a manner suitable to his condition, if he has left property sufficient
for the purpose.
101. (i) An executor or administrator shall inventory and
funeral
ceremonies.
(a) within six months from the grant of probate or letters of
administration, or within such further time as the Court
which granted the probate or letters may from time to
time appoint, exhibit in that Court an inventory
containing a full and true estimate of all the property in
possession, and all the credits, and also all the debts
owing by any person to which the executor or adminis-
trator is entitled in that character, and
(6) in like mamier within one year from the grant, or within
such further time as the said Court may from time to
time appoint, exhibit an account of the estate, shewing
the assets which have come to his hands and the manner
in which they have been appUed or disposed of,
(ii) The Judicial Commissioners or any two of them, of whom
the Chief Judicial Commissioner shall be one, may from time to
time prescribe the form in which an inventory or account under
this section is to be exhibited.
(iii) If an executor or admmistrator, on being required by the
Court to exhibit an inventory or account under tliis section,
intentionally omits to comply with the requisition, he shall be
deemed to have committed an offence under Section 176 of the
Penal Code.
account.
700
No. 4 OF 1920.
Collection o£
and dealing
with the
property.
Expenses to be
paid first.
Expenses to be
paid next after
such expenses.
"Wages for
certain services
to be next paid,
and then other
debts.
Save as afore-
said, all debts
to be paid
equally and
rateably.
Debt? to be
paid before
legacies.
Executor or
administrator
not bound to
pay legacies
without
indemnity.
Abatement of
general
legacies ; no
preferential
payment.
No abatement
of specific
legacy when
assets
sufficient
to pay debts
and expenses.
Kight under
demonstrative
legacy when
assets
sufTicient
to pay debts and
expenses.
(iv) The exhibition of an intentionally false inventory or account
under this section shall be deemed to be an offence under Section 193
of the Penal Code.
102. The executor or administrator shall with all reasonable
expedition and diligence collect the property of the deceased and
the debts due to him and shall pay all debts due by the deceased's
estate and the legacies under the will (if any), in accordance with
the provisions hereinafter contained, and shall forthwith proceed,
when there is no minority or other special reason to the contrary,
to hand over the residue of the estate (if any), to the person or
persons entitled thereto and to make his final report to the Court
setting forth the manner in which he has discharged his duties.
103. Funeral expenses to a reasonable amount, according to the
degree and quality of the deceased, and death-bed charges, including
fees for medical attendance, and board and lodging for one month
previous to his death, are to be paid before all other debts.
104. The expenses of obtaining probate or letters of administra-
tion, including the costs incurred for or in respect of any judicial
proceedmgs that may be necessary for administering the estate,
are to be paid next after the funeral expenses and death-bed
charges.
105. Wages due for services rendered to the deceased mthin the
three months next preceding his death by any labourer, artizan, or
domestic servant are next to be paid, and then the other debts of
the deceased according to their respective priorities (if any).
106. Save as aforesaid, no creditor shall have a right of priority
over another, but the executor or administrator shall pay all such
debts as he knows of, includmg his own, equally and rateably, as
far as the assets of the deceased will extend.
107. Debts of every description shall be paid before any legacy.
108. If the estate of the deceased is subject to any contingent
liabilities, an executor or administrator is not bound to pay any
legacy without a sufficient indemnity to meet the liabilities whenever
they may become due.
109. (i) If the assets, after payment of debts, necessary expenses,
and specific legacies, are not sufficient to pay all the general legacies
in fuU, the latter shall abate or be diminished in equal proportions.
(ii) In the absence of any direction to the contrary in the will,
the executor has no right to pay one legatee in preference to another
nor to retain any money on account of a legacy to himself or to
any person for whom he is a trustee.
110. Where there is a specific legacy and the assets are sufficient
for the payment of debts and necessary expenses, the thing specified
shall be delivered to the legatee Without any abatement,
111. Where there is a demonstrative legacy and the assets are
sufficient for the payment of debts and necessary expenses, the
legatee has a preferential claim for payment of his legacy out of
the fund from which the legacy is directed to be paid until such
fund is exhausted, and if, after the fund is exhausted, part of the
PROBATE AND ADMINISTRATION.
701
legacy still remains unpaid, he is entitled to rank for the" remainder
against the general assets as for a legac}^ of the amount of such
unpaid remainder.
112. If the assets are not sufficient to answer the debts and the Rateable
specific legacies, an abatement shall be made from the latter specffic'^"'^ "^
rateably in proportion to their respective amounts. legacies.
Illtjstration.
A has bequeathed to B a diamond ring, valued at $500, and to C a horse,
vahied at $1,000. It is found necessary to sell all the effects of the testator,
and his assets, after payment of debts, are only $750. Of this sum $250
are to be paid to B and $500 to C.
113. For the purpose of abatement, a legacy for life, a sum Legacies treat-
appropriated by the will to produce an annuity, and the value of fo/prnTosl^'li
an annuity when no sum has been appropriated to produce it, abatement.
shall be treated as general legacies.
Chapter IX.
EXECUTOR'S ASSENT TO A LEGACY.
114. The assent of the executor is necessary to complete a Assent
legatee's title to his legacy. "^pietT *°
legatee's title.
Illustrations .
(a) A by his will bequeaths to B his municipal mortgages which are on
deposit with the Chartered Bank. The Bank has no authority to deliver
the seciu'ities, nor B a right to take possession of them, without the assent
of the executor.
(b) A by his will has bequeathed to C his house in Ipoh in the tenancy of
B. C is not entitled to receive the rents without the assent of the executor.
115. (i) The assent of the executor to a specific bequest shall Executors-
be sufficient to divest his interest as executor therein and to transfer ^^s<=?*^ *?
, 1 1 . » T , specific legficy,
the subject of the bequest to the legatee, unless the nature or the
circumstances of the property require that it shall be transferred
in a particular way.
(ii) This assent may be verbal, and it may be either express or
implied from the conduct of the executor.
Illustrations .
(a) A horse is bequeathed. The executor requests the legatee to dispose
of it, or a third party proposes to purchase the horse from the executor, and
he directs him to apply to the legatee. Assent to the legacy is implied.
(6) The interest of a fund is directed by the will to be applied for the
maintenance of the legatee dui-ing his minority. The executor commences
so to apply it. This is an assent to the whole of the bequest.
(c) A bequest is made of a fund to A, and after him to B. The executor
pays the interest of the fund to A. This is an implied assent to the bequest
to B.
(d) Executors die after paying all the debts of the testator but before
satisfaction of specific legacies. Assent to the legacies may be presumed.
(e) A person to whom a specific article has been bequeathed takes posses-
sion of it and retains it without any objection on the part of the executor.
His assent may be presumed.
702
No. 4 OF 1920.
Conditional
assent.
Assent of
executor to his
own legacy.
Effect of
executor's
assent.
Time for
payment of
legacies.
116. The assent of an executor to a legacy may be conditional,
and if the condition is one which he has a right to enforce, and it
is not performed, there is no assent.
Illxtstrations .
(a) A bequeaths to B his lands at Klang, which at the date of the will
and at the death of A were subject to a charge for $10,000. The executor
assents to the bequest on condition that B shall within a limited time pay
the amount due on the charge at the testator's death. The amount is not
paid. There is no assent.
(b) The executor assents to a bequest on condition that the legatee shall
pay him a svim of money. The payment is not made. The assent is never-
theless valid.
117. (i) When the executor is a legatee, his assent to his own
legacy is necessary to complete his title to it in the same way as
it is necessary when the bequest is to another person, and his
assent may in like maimer be express or implied.
(ii) Assent shall be impUed if in his manner of administering
the property he does any act which is referable to his character of
legatee and is not referable to his character of executor.
Illustration.
An executor takes the rent of a house or the interest of mtinicipal securities
bequeathed to him and applies it to his own use. This is assent.
118. The assent of the executor to a legacy gives effect to it
from the death of the testator.
Illustrations.
{a) A legatee sells his legacy before it is assented to by the executor.
The executor's subsequent assent operates for the benefit of the piuchaser
and completes his title to the legacy.
(6) A bequeaths §1,000 to B with interest from his death. The executor
does not assent to this legacy until the expiration of a year from A's death.
B is entitled to interest from the death of A.
119. An executor is not bound to pay or dehver any legacy
until the expiration of one year from the testator's death.
Illustration.
A by his will directs his legacies to be paid within six months after his
death. The executor is not bound to pay them before the expiration of a
year.
Chapter X.
PAYMENT AND APPORTIONMENT OF ANNUITIES.
Commencement 120. Where an annuity is given by the will and no time is fixed
of annuity when for its Commencement, it shall commence from the testator's death,
no time fixed by i j i /-• , i n i i , i • , • <•
will. and the nrst payment shall be made at the expiration of a year
next after that event.
121. Where there is a direction that the annuity shall be paid
quarterly or monthly, the first payment shall be due at the end
of the first quarter or first month, as the case may be, after the
testator's death and shall, if the executor think fit, be paid when
due ; but the executor shall not be bound to pay it till the end
of the year.
When annuity,
to be paid
quarterly, or
monthly, Crst
falls due.
PROBATE AND ADMINISTRATION. 703
122. (i) Where there is a direction that the first payment of an Date of
annuity shall be made within one month or any other division of pavements when
time from the death of the testator, or on a day certain, the succes- Hfst payment
sive payments shall be made on the anniversary of the earHest day made witwn^
on which the will authorizes the first payment to be made. la'^certain""^ °°
(ii) If the annuitant dies in the interval between the times of
payment, an apportioned share of the annuity shall be paid to
his representative.
Chapter XI.
INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES.
123. Where a legacy, not being a specific legacy, is given for investment of
life, the sum bequeathed shall at the end of the year be invested ^^J^re^ie^ac**^^^
in securities of one of the classes enumerated in sub-section (ii) of not specific, '
Section 109 of "The Companies Enactment, 1917," or in such si^^"" ^°' ^^''
other securities, or securities of such other classes, as the Judicial
Commissioners or any two of them, of whom the Chief Judicial
Commissioner shall be one, may from time to time by notification
in the Gazette prescribe, and the proceeds thereof shall be paid to
the legatee as the same shall accrue due.
124. (i) Where a general legacy is given to be paid at a future investment of
time, the executor shall invest a sum sufficient to meet it in any general legacy,
of the securities referred to in, or prescribed from time to time fature^Mme^*^
under, Section 123.
(ii) The intermediate interest shall form part of the residue of
the testator's estate.
125. Where an annuity is given and no fund is charged with -^j^^j.^ ^^ j^^^j
its payment or appropriated by the wiU to answer it, an Enghsh charged with or
or Indian Government annuity of the specified amoiuit shall be tnnuityr *
purchased ; provided that if no such annuity can conveniently be
obtained, then a sum sufficient to produce the annuity shall be
invested for that purpose in any of the securities referred to in, or
prescribed from time to time under, Section 123.
126. Where a bequest is contingent, the executor is not bound Transfer to
to invest the amount of the legacy but may transfer the whole residuary
residue of the estate to the residuary legatee (if any) on his giving to°contingent
sufficient security for the payment of the legacy if it shall become ^^i*^^^*-
due.
127. Where the testator has bequeathed the residue of his investment of
estate to a person for hfe with a direction that it shaU be invested residue
, . -^.r-i •,• ipji i, • ,, bequeathed for
in certam specified securities, so much oi the estate as is not at life, with
the time of his death invested in securities of the specified land fi^esun '"
shall be converted into money and invested in such securities. specified
•^ securities.
128. (i) Such conversion and investment as are contemplated by Time and
the last preceding section shall be made at such times and in manner of
^ " , . ,. • 1 • 1 r- conversion and
such manner as the executor m his discretion thinks fit. investment.
(ii) Until such conversion and investment shall be completed,
the person who would be for the time being entitled to the income
of the fund when so invested shall receive interest at the rate of
six per cent, per annum upon the market value (to be computed
704
No. 4 OF 1920.
Where minor
entitled to
immediate
payment of
bequest.
as of the date of the testator's death) of such part of the fund as
shall not yet have been so invested.
129. (i) Where a legatee entitled by the terms of the bequest
to the immediate payment or possession of the money or thing
bequeathed is a minor, and there is no direction in the will to
pay it to any person on his behalf, the executor or administrator
shall pay or dehver the same into the Court at the place where the
probate was, or letters of administration with the will annexed
were, granted, to the account of the legatee and such payment
into Court shall be a sufficient discharge for the money so paid.
(ii) Such money, when paid in, shall be invested in any of the
securities referred to in, or prescribed from time to time under,
Section 123, which securities, with the interest thereon, shall be
transferred to the person entitled thereto, or otherwise applied for
his benefit as the Court may direct.
Legatee's title
to produce of
specific legacy.
Chapter XII.
PRODUCE AND INTEREST OF LEGACIES.
130. The legatee of a specific legacy is entitled to the clear
produce thereof, if any, from the testator's death.
Exception. — A specific bequest contingent in its terms does not
comprise the produce of the legacy between the death of the testator
and the vesting of the legacy. The clear produce of it forms part
of the residue of the testator's estate.
Eesiduary
legatee's title
to produce o£
residuary fund.
Illustrations.
(a) A bequeaths his flock of sheep to B. Between the death of A and
dehvery by his executor the sheep are shorn, or some of the ewes produce
lambs. The wool and lambs are the property of B.
(6) A bequeaths his municipal sectirities to B but postpones the delivery
of them till the death of C. The interest which falls due between the death
of A and the death of C belongs to B and must, luiless he is a minor, be
paid to him as it is received.
(c) The testator bequeaths all his four per cent. Indian Government
promissory notes to A when he shall complete the age of 21. A, if he complete
that age, is entitled to receive the notes, but the interest which accrues in
respect of them between the testator's death and A's completing 21 forms
part of the residue.
131. The legatee under a general residuary bequest is entitled
to the produce of the residuary fund from the testator's death.
Exception. — A general residuary bequest contingent in its terms
does not comprise the income which may accrue upon the fund
bequeathed between the death of the testator and the vesting of
the legacy. Such income goes as undisposed of.
Illustrations.
(a) The testator bequeaths the residue of his property to A, a minor, to
be paid to him when he shall complete the age of 21. The income from the
testator's death belongs to A.
(6) The testator bequeaths the residue of his property to A when he shall
complete the age of 21. A, if he conapleto that age, is entitled to receive
the residue. The income which has accrued in respect of it since the testator's
death goes as undisposed of.
PROBATE AND ADMINISTRATION.
705
payment o£
general legacy.
Interest when
time fixed.
132. Where no time has been fixed for the payment of a general interest whe:
legacy, interest begins to run from the expiration of one year ^"J^^^eiixea
from the testator's deatli.
Exceptions. — (1) Where the legacy is bequeathed in satisfaction
of a debt, interest runs from the death of the testator.
(2) Where the testator was a parent or a more remote ancestor
of the legatee, or has put himself in the place of a parent of the
legatee, the legacy bears interest from the death of the testator.
(3) Where a sum is bequeathed to a minor with a direction to
pay for his maintenance out of it, interest runs from the death of
the testator.
133. Where a time has been fixed for the payment of a general
legacy, interest begins to run from the time so fixed. The interest
up to such time forms part of the residue of the testator's estate.
Exception. — Where the testator was a parent or a more remote
ancestor of the legatee, or has put himself in the place of a parent
of the legatee, and the legatee is a minor, the legacy bears interest
from the death of the testator, unless a specific sum is given by the
will for maintenance, or unless the will contains a direction to the
contrary.
134. The rate of interest shall be six per cent, per annum.
135. No interest is payable on the arrears of an armuity within
the first year from the death of the testator, although a period
earlier than the expiration of that year may have been fixed by
the will for making the first payment of the amiuity.
136. Where a sum of money is directed to be invested to produce
an annuity, interest is payable on it from the death of the testator.
Rate of interest.
No interest on
arrears of
annuity within
first year after
testator's
death.
Interest on sum
to be invested
to produce
annuity.
Chapter XIII.
THE REFUNDING OF LEGACIES.
137. An executor who has paid a legacy under the order of the
Court is entitled to call upon the legatee to refund in the event of
the assets proving insufficient to pay all the legacies.
138. When an executor has voluntarily paid a legacy, he cannot
call upon a legatee to refund in the event of the assets proving
insufficient to pay all the legacies.
139. (i) When the time prescribed by the will for the performance
of a condition has elapsed without the condition having been
performed and the executor has thereupon, without fraud, dis-
tributed the assets, in such case, if further time has under sub-
section (ii) been allowed for the performance of the condition and
the condition has been performed accordingly, the legacy cannot
be claimed from the executor, but those to whom he has paid it
are liable to refund the amount.
(ii) Where the will requires an act to be performed by the legatee
within a specified time, either as a condition to be fulfilled before
the legacy is enjoyed or as a condition upon the non-fulfilment of
which the subject-matter of the bequest is to go over to another
III — 45
Refund of
legacy paid
under Court's
order.
No refund if
paid voluntarily.
Refund when
legacy becomes
due on
performance
of condition
witliin further
time allowed.
706
No. 4 OF 1920.
When each
legatee liable
to refund in
I'roportion.
Distribution of
assets.
Creditor may
call upon
legatee to
refund.
When legatee
unsatisfied or
compelled to
refund cannot
oblige one paid
in full to
refund.
When unsatis-
fied legatee
must first
proceed against
exe(;utor, if
solvent.
Limit of refund
by one legatee
to another.
person or the bequest is to cease to have effect, the act must b^
performed within the time specified, unless the performance of it be
prevented by fraixd, in which case such further time shall be allowed
as is requisite to make up for the delay caused by such fraud.
140. When the executor has paid away the assets in legacies and
is afterwards obliged to discharge a debt of which he had no previous
notice, he is entitled to call upon each legatee to refund in proportion.
141. (i) Any executor or administrator, after giving notice in
the most public manner reasonably possible, as, for instance, by the
publication of notices in newspapers likely to be seen by creditors,
by the distribution of handbills in Asiatic languages, or in other
manner reasonably likely to attract the attention of creditors and
others, calling upon all concerned to send in to him their claims
against the estate of the deceased and stating his intention to
proceed to a distribution of assets on and after a certain date, of
which not less than three months' notice shall be given, shall, at
the expiration of the time so named, be at liberty to distribute the
assets, or any part thereof, in discharge of such lawful claims as
he knows of and shall not be liable for the assets so distributed to
any person of whose claim he has not had notice at the time of
such distribution.
(ii) Nothing herein contained shall prejudice the right of any
creditor or claimant to follow the assets, or any part thereof, in the
hands of the persons who may have received the same respectively.
142. A creditor who has not received payment of his debt may
call upon a legatee who has received payment of his legacy to
refund, whether the assets of the testator's estate were or were not
sufficient at the time of his death to pay both debts and legacies,
and whether the payment of the legacy by the executor was
voluntary or not.
143. If the assets were sufficient to satisfy all the legacies at the
time of the testator's death, a legatee who has not received payment
of his legacy, or who has been compelled to refund under the last
preceding section, cannot oblige one who has received payment in
full to refund, whether the legacy was j)aid to him with or without
suit, although the assets have subsequently become deficient by
the wasting of the executor.
144. If the assets were not sufficient to satisfy all the legacies at
the time of the testator's death, a legatee who has not received
payment of his legacy must, before he can call on a satisfied legatee
to refund, first proceed against the executor if he is solvent ; but
if the executor is insolvent or not liable to j^ay, the unsatisfied
legatee can oblige each satisfied legatee to refund in proportion.
145. The refunding by one legatee to another shall not exceed
the sum by which the satisfied legacy ought to have been reduced
if the estate had been properly administered.
Illustration.
A has bequeathed S240 to B, §480 to C, and $720 to D. The assets are
only SI, 200 and if properly administered would fj;ive $200 to B, $400 to C,
and SfiOO to I). C and 1) have l)(>on paid thoir legacies in full, loaving
nothing to B. B can oblige C to refund §80 and D to refund SI 20.
tROBATE AND ADMINISTRATION. 707
146. The refunding shall in all cases be without interest. Refund to
be without
interest.
147. The surplus or residue of the deceased's property, after Residue after
payment of debts and legacies, shall be paid to the residuary '^^^l ^aid°to"^
legatee when any has been appointed by the will. residuary
legatee.
148. Where Transfer of
(a) a person not having his domicile in the Federated Malay Federated
States has died leaving assets both in the Federated to''e^ecuto'i-1)r
Malay States and in the country in which he had his administrator
domicile at the time of his death, and domicile for"
(6) there has been a grant of probate or letters of administration •^'ist'-ibutiou.
in the Federated Malay States with resjaect to the assets
there and a grant of probate or letters of administration
in the country of domicile ^ith respect to the assets in
that country,
the executor or administrator, as the case may be, in the Federated
Malay States, after having given such notice as is mentioned in
Section 141 and after having discharged, at the expiration of the
time therein named, such lawful claims as he knows of, may,
instead of himself distributing any surplus or residue of the
deceased's property to persons residing out of the Federated Malay
States who are entitled thereto, transfer, with the consent of the
executor or administrator, as the case may be, in the country of
domicile, the surplus or residue to him for distribution to those
persons.
Chapter XIV.
LIABILITY OF AN EXECUTOR OR ADMINISTRATOR FOR
DEVASTATION.
149. When an executor or administrator misapplies the estate Misapplication
of the deceased or subjects it to loss or damage, he is liable to ^^ estate.
make good the loss or damage so occasioned.
Illustrations.
(a) The executor pays out of the estate an unfounded claim. He is liable
to make good the loss caused by the payment.
(6) The deceased had a valuable lease renewable by notice, which the
executor neglects to give at the proper time. The executor is liable to make
good the loss caused by the neglect.
(c) The deceased had a lease of less value than the rent payable for it but
terminable on notice at a particular time. The executor neglects to give
the notice. He is liable to make good the loss.
150. When an executor or administrator occasions a loss to the Neglect to get
estate by neglecting to get in any part of the property of the ^p^^pLty''^ "^
deceased, he is liable to make good the amount.
Illustrations.
(a) The executor absolutely releases a debt due to the deceased from a
solvent person, or compounds with a debtor who is able to pay in full. The
executor is liable to make good the amount so lost.
(6) The executor neglects to sue for a debt till the debtor is able to plead
the law for the limitation of suits, and the debt is thereby lost to the estate.
The executor is liable to make good the amount of the debt.
708
No. 4 OF 1920.
Power of Court
to re-Seal.
Application to
be by petition.
Stamp law.
Certified copy
of probate, etc.,
of same effect as
original.
Evidence to be
produced to
Supreme Court
before sealing.
r.ond.
Chapter XV,
RE-SEALING OF PROBATES AND LETTERS OF ADMINIS-
TRATION GRANTED UNDER STATE LAWS.
151. Where probate or letters of administration in respect of
the estate of a deceased person has or have been granted by a
competent Court of any State of the Federated Malay States
before the commencement of this Enactment, such probate or
letters of administration may, on being produced to the Court, be
sealed with the seal of the Supreme Court of the Federated Malay
States and thereupon shall be of the like force and effect and
have the same operation throughout the Federated Malay States
as if granted under this Enactment.
152. Applications for seahng probates or letters of administration
under this Chapter shall be by petition, verified by affidavit, and
may be made by the executors or administrators or one or more
of them or by the recognized agent (within the meaning of Section 35
of " The Civil Procedure Code, 1918 ") of them or of one or more
of them, either in person or through an advocate and soHcitor of
the Supreme Court.
153. The provisions of the Stamp Enactments, 1897, of the
several States in relation to duties on estates of deceased persons
(including the penal provisions thereof) shall, so far as relates to
property of the deceased person situate outside the jurisdiction of
the Court by which the probate or letters of administration produced,
or any other probate or letters of administration, was or were
granted, apply as if the person who apphes for seahng under this
Chapter were a person applying for probate or letters of adminis-
tration.
154. For the purposes of Section 151 a copy of any probate or
letters of administration certified as correct by or under the
authority of the Supreme Court shall have the same effect as the
original.
155. The Supreme Court shall, before seahng a probate or letters
of administration under this Chapter,
(a) require production of a certificate under the hand of the
Registrar or an Assistant Registrar or Deputy Registrar
that all affidavits required by the provisions of Section 153
for Collectors of stamp duties have been duly dehvered
and that such affidavits, if hable to stamp duty, were
duly stamped ;
(6) he satisfied, in the case of letters of administration, if
security is required by law to be given, that security
has been given in a sum which is in the opinion of the
Court sufficient.
156. On application to seal letters of administration, the ad-
ministrator, not being an Official Administrator or Official
Trustee as referred to in Section 82, shall give a bond to the Regis-
trar of the Supreme Court, to enure for the benefit of the Registrar
for the time })(?ing. with one or more surety or sureties, to cover
such property of the deceased as is referred to in Section 153.
The provisions of Sections 82, 83, and 84 shall be deemed to apply
to any such bond.
PROBATE AND ADMINISTRATION. 709
Chapter XVI.
RE-SEALING OF PROBATES AND LETTERS OF ADMINIS-
TRATION GRANTED IN THE STRAITS SETTLEMENTS
AND ELSEWHERE.
157. In this Chapter interpretation.
" British Court in a foreign country " means any British Court
having jurisdiction out of the dominions of His Britannic Majesty
in pursuance of an Order of His said Majesty in Council, whether
made under any Act or otherwise ;
" British Possession " inckides any part of a British possession
having a separate legislature ;
" Malay State not included in the Federation " includes the
States of Johore, Kedah, Perlis, Kelantan, Trengganu, and Brunei ;
" Court of Probate " means any Court or authority, by whatever
name designated, having jurisdiction in matters of probate ;
" Probate " and " Letters of Administration " include confirma-
tion in Scotland and any instrument having in the United Kingdom
or in a British possession the same effect which, under the law of
the Federated Malay States, is given to probate and letters of
Administration, respectively ;
"Registrar" includes, excejat in Section 168, an Assistant
Registrar or Deputy Registrar ;
" United Kingdom " means the United Kingdom of Great
Britain and Ireland.
158. (i) This Chapter shall apply to the Colony of the Straits Application of
Settlements. ^^^p'"-
(ii) The Cliief Secretary to Government may, on being satisfied
that the legislature of the United Kingdom or of any other British
possession or of any Malay State not included in the Federation
has made adequate provision for the recognition therein of probates
and letters of administration granted by the Supreme Court, direct
by Order that this Chapter shall, subject to any exceptions and
modifications specified in the Order, apply to the United Kingdom
or to that possession or Malay State, as the case may be, and there-
upon, while the Order is in force, this Chapter shall apply accordingly.
(iii) Every Order made by the Chief Secretary to Government
under this Chapter shall be laid on the table of the Federal Council,
as soon as may be after it is made, and shall be published in the
Gazette.
(iv) The Chief Secretary to Government may revoke or alter
any Order previously made by him under this Chapter.
159. Where a Court of Probate in a place to which tliis Chapter vower of court
applies has granted probate or letters of administration in resj^ect
of the estate of a deceased person, the probate or letters of
administration so granted may, on being produced to and a copy
thereof deposited in the Supreme Court, be sealed with the seal of
the Supreme Court and thereupon shall be of the lilcc force and
effect and have the same operation in the Federated Malay States
710
No. 4 OF 1920.
Application to
British Courts
in foreign
countries.
Application to
probates, etc.,
already
granted.
Application to
be by petition.
Stamp law.
T)uplicate or
certified copy
of probate, etc.,
of same effect
as original.
Evidence to be
produced to
Supreme Court
before sealing.
as if granted by the Supreme Court to the person by whom or on
whose behalf the appUcation for seahng was made.
160. This Chapter shall, when apphed to the United Kingdom,
extend to authorize the sealing in the Federated Malay States of
any probate or letters of administration granted by a British
Court in a foreign cotintry in hke manner as it authorizes the
sealing of a probate or letters of administration granted in the
United Kingdom, or in a British possession to Avhicli this Chapter
appHes, and the provisions of this Chapter shall apply accordingly
with the necessary modifications.
161. Subject to the provisions of any Order made under
Section 158, this Chapter shall apply to probates and letters of
administration granted in any place to which this Chapter apphes,
whether the same were granted before or after the commencement
of this Enactment.
162. (i) Applications for sealing probates or letters of adminis-
tration xnider this Chapter shall be by petition, verified bj?^ affidavit,
and may be made by the executors or administrators or one or
more of them or by the attorney (duly authorized for the purpose)
of them or of one or more of them, either in person or through an
advocate and solicitor of the Supreme Court.
(ii) When application to seal a probate or letters of administration
is made after a lapse of three years from the death of the deceased,
the petition shall contain a statement of the reason of such delay.
Should such statement be unsatisfactory, such further proof of the
cause of such delay shall be required by the Court as it thinks fit.
(iii) The person who applies for sealing under this section shall
on making such application file in Court an address for service,
not being more than two miles distant from the Court-house, where
summonses, notices, and other documents relating to the estate of
the deceased person may be left, and every such summons, notice,
or other document so left shall be deemed to have been duly
served upon the executor or administrator (as the case may be) by
or on behalf of whom such application is made.
163. The provisions of the Stamp Enactments, 1897, in relation
to duties on estates of deceased persons (including the penal
provisions thereof), shall apply as if the person who ajij^lies for
sealing under this Chapter were a person applying for probate or
letters of administration.
164. (i) For the purposes of Section 159 a du])licate of any
])rohat(' or letters of administration sealed with the seal of the
(Jourt granting the same, or a copy thereof certified as correct by
or under the authority of the Court granting the same, shall have
the same effect as the original.
(ii) The copy of the probate or letters of administration,
ref|uir(ul l)y Section 159 to be deposited in the Supreni(> Court,
shall be annexed to the petition and verified by the affidavit, and
shall include copies of all testamentary papers admitted to probate.
165. (i) The Supreme Court shall, before sealing a probate or
letters of administration under this Chapiter,
PKOBATE AND ADMINISTRATION. 711
(a) require production of a certificate under the hand of the
Registrar that the affidavit for the Collector of stamp
duties has been dehvered and that such affidavit, if liable
to stamp duty, was duly stamped ;
(6) be satisfied in the case of letters of administration, if
security is required by law to be given, that security has
been given in a sum sufficient in amount to cover the
property (if any) in the Federated Malay States to which
the letters of administration relate ; and
may require such evidence (if any) as it thinks fit as to the domicile
of the deceased person, and as to the place where' he has resided,
or carried on business, during the twelve months before his death.
(ii) If it should appear that the deceased Mas not at the time of
death domiciled Avithin the jurisdiction of the Court from which
the grant issued, the seal shall not be affixed, unless the grant is
such as would have been made by the Supreme Court.
166. (i) The Court may also, if it thinks fit, on the application Debts due to
of any creditor or, if the deceased has resided or carried on business Federated" ^^^
in the Federated Malay States within twelve months before his ^^^^y states.
death, of its own motion require, before sealing, that adequate
security be given for the payment of debts due from the estate
to creditors residing in the Federated Malay States.
(ii) Apphcations under this section may be made ex parte by
summons in Chambers, or in writing to the Registrar, but it may
in any case be directed that such application be made by summons
in Chambers to be served on the person applying for sealing.
167. Any creditor in the Federated Malay States of any person. Notice by
who- dies leaving property in the Federated Malay States, may Registrar."
give notice in writing to the Registrar, requiring notice to be given
to such creditor of any apphcation for seaHng under this Chapter.
A note of such notice in writing shall be made by the Registrar in
a book to be kept for that purpose, and no probate or letters of
administration relating to the estate of such deceased person shall,
be sealed without seven days' previous notice of the apphcation
for sealing being given by the applicant to such creditor.
168. On application to seal letters of admmistration, the Bond,
administrator, not being an Official Administrator or Official
Trustee as referred to in Section 82, or his attorney shall give a
bond to the Registrar, to enure for the benefit of the Registrar for
the time being, with one or more surety or sureties, to cover the
property of the deceased within the jurisdiction of the Court. The
provisions of Sections 82, 83, and 84 shall be deemed to apply to
any such bond.
169. On seahng the probate or letters of administration the Memorandum
Registrar shall \\Tite thereon a memorandum in the following °" v''^^^^^' ^tc
words or to the following effect :
Sealed with the seal of the Supreme Court of the Federated
Malay States this day of , 19 .
Probate 19 , No,
(Registrar.)
712
No. 4 OF 1920.
Notice of
sealing.
Notice o£
revocation of
probate, etc.,
re-sealed
eJsewhere.
170. Notice of the sealing in the Federated Malay States of a
probate or letters of administration under this Chapter shall be
forthwith sent by the Registrar to the Court from which the probate
or letters of administration issued.
171. When intimation has been received of the re-seahng of any
probate or letters of administration issued in the Federated Malay
States, notice of the revocation of, or any alteration in, such
probate or letters of administration shall be forthmth sent by the
Registrar to the Court by the authority of which such re-seaUng
was effected.
Provisions
applied to
a Iministrator
with will
annexed.
Saving clause.
Executor or
administrator
acting; on order
of Court.
Vro/isoin
relating to
the Stamp
Enactments,
18;»7.
Chapter XVII.
MISCELLANEOUS.
172. In Chapters IX, X, XI, and XIII of this Enactment the
provisions as to an executor shall apply also to an administrator
with the will annexed.
173. Nothing contained in this Enactment shall —
(a) validate any testamentary disposition which would other-
wise have been invaUd ;
(6) invaUdate any such disposition which would otherwise have
been vahd ;
(c) deprive any person of any right of maintenance to which he
would otherwise have been entitled ;
(d) affect the provisions of any Enactment in force for the time
being to facilitate succession to the land of deceased
persons ;
(e) affect the provisions of Chapter VI of the Stamp Enact-
ments, 1897, relating to duties on estates of deceased
persons ; or
(/) affect any rules of Muhammadan law as varied by local
custom in respect of the distribution of the balance of the
estate of a deceased person after the debts have been
satisfied.
174. (i) An executor or administrator, acting upon any order
or direction made or given by the Court under the provisions of
Section 481 of " The Civil Procedure Code, 1918," shall be deemed,
so far as regards his own responsibiUty, to have discharged his
duty as such executor or administrator in the subject matter of
the said application, unless he has been guilty of fraud or A\'ilful
concealment or misrepresentation in connection with the obtaining
of such order or direction.
(ii) This section applies to executorships and administratorships
constituted or created either before or after the commencement
of this Enactment.
175. All immovable property situate in, and all things to be done
in, the Federated Malay States which is or are under the provisions
of the Stamp Enactments, 1897, required to be included in the
affidavit for the Collector on application for a grant of probate or
PROBATE AND ADMINISTRATION.
713
letters of administration shaU, for the purposes of such affidavit
and of the provisions of the said Enactments relative thereto, be
deemed to be situate in, and to be things to be done in, the State
wherein the application for probate or letters of admmistration is
made ; and all debts due from the deceased to persons resident in
the Federated Malay States whereof a schedule might, if such
persons were resident in the State wherein the said application is
made, be delivered with or annexed to the affidavit for the Collector
may be included in a schedule to be so dehvered or annexed in the
same manner and with the same effect as if such jjersons were
resident in such State.
First Schedule.
State.
No. and year.
Short title.
Perak . .
Selangor
N. Sembilan . .
Pahang
4 of 1904
4 of 1904
3 of 1904
3 of 1904
The Probate and Administration
Enactment, 1904
Do.
Do.
Do.
Second Schedule.
State.
Perak . .
Selangor
N. Sembilan .
Pahang
No
. and year.
5
of
1905
7
of
1905
6
of
1905
6
of
1905
Short title.
The Official Administrator's Enact-
ment, 1905
Do.
Do.
Do.
ENACTMENT NO. 7 OF 1920.
An Enactment to provide for the admission of persons
into and their departure from the Federated Malay
States.
Short title
and commence-
ment.
Power to make
Regulations.
L. N. GUILLEMARD,
President of the Federal Council.
[8th May. 1920.
2nd July, 1920.]
Eepeal.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as " The Passport Enactment,
1920," and shall come into force on the publication thereof in the
Gazette.
2. (i) The Chief Secretary to Government may make regulations
(a) j)rohibiting any person or class of persons from entering or
leaving the Federated Malay States by land, sea, or air
without the production of a passport or other specified
document of a similar kind ;
(6) enforcing such prohibition by requiring ansAvers to enquiries,
or by the arrest, detention, or search of any such persons ;
(c) prescribing the fees to be charged ;
{d) prescribing punishments of imprisonment or fine or both
for breach of any such Regulation ; and
(c) prescribing any other matters, whether similar or not to
those above mentioned, as to which regulations may be
necessary or desirable in order to effectually provide for
the issue of passports or other specified documents of a
similar kind, and for matters connected therewith.
(ii) Such regulations when published in the Gazette shall have
the force of law.
3. Article 30 of the second schedule of the Enactments mentioned
in the Schedule hereto is repealed.
Schedule.
State.
No. and year.
Short title.
Perak
Selangor . .
Negri Sembilan . .
Pahang . .
14 of 1897
14 of 1897
10 of 1897
20 of 1897
Stamp Enactment, 1897
Do.
Do.
Do.
714
ENACTMENT NO. 9 OF 1920.
An Enactment to provide for the control of Rivers and
Streams.
L. N. GuiLLEMARD, [18th September, 1920.
President of the Federal Couvcil. 1st October, 1920.]
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 Waters Enactment, short title,
1920," and shall come into force on the pubhcation thereof in the mS™Tnd'
Gazette. construction.
(ii) Nothing in this Enactment shall affect the provisions of any
other Enactment and no prohibition or restriction in this Enact-
ment contained shall apply to the Government of the Federated
Malay States or of any of them or to the agents or servants of
any of the said Governments.
2. In this Enactment, unless the context othermse requires, interpretation.
" District Officer " includes, in relation to any district where there
is no District Officer, any officer nominated by the Resident of the
State wherein such district is situate by notification in the Gazette
to exercise the powers of a District Officer under this Enactment ;
" River " includes
(a) a tributary of a river and any other stream or natural
water-course, and
(6) any canal declared by the Chief Secretary to Government
by notification in the Gazette to be subject to the pro-
visions of this Enactment ;
" State land" and " alienated land" have the meanings borne
by those expressions, respectively, in " The Land Enactment, 1911."
CONTROL OF RIVERS AND STREAMS.
3. Subject to the terms of any express grant made by or on Property in
behalf of the Ruler of a State, the entire property in and control
of all rivers in any State is and shall be vested solely in the Ruler
of such State ; provided that in the case of lands held by a
Government Department under grant or lease or reserved for a
public purpose and maintained by a Government Department, such
control may be exercised by the Head of such Department under
the direction of the Resident of such State.
4. Any person who shall in any State interfere with the bank of ^^yg^^^ank". °^
any river may by written order under the hand of the Resident of
such State be required to restore the same to the condition in
which it was immediately prior to such interference or to remake
the same in such manner as may be specified in such order,
715
716
No. 9 OF 1920.
Prohibition of
acts affecting
rivers, except
under license.
Presumptions.
Prohibition of
diversion of
water from
rivers, except
under license.
License to
divert water
may authorize
interference
with State land
or alienated
land.
5. (i) No person shall, except under and in accordance with the
terms of a license under this Enactment,
(a) fell any tree so that it falls into a river ;
(b) in any manner obstruct or interfere with any river ;
(c) build any bridge, jetty, or landing stage (other than a bath-
house) over or beside any river at a point where the
width of such river exceeds twenty feet,
(ii) Licenses to do in any district any of the acts specified in
sub-section (i) may be issued by the District Officer of such district
with the approval, in each case, of the Resident ; any such license
may be subject to such conditions and restrictions as the Resident
approves ; all such conditions and restrictions shall be set out in
the license.
6. Where the bank of a river is interfered with, or where any
felUng, obstruction, interference, or building takes place in contra-
vention of Section 5, the owner and the occupier of the land wherein
the bank so interfered with or any part thereof is included and
the owner and occupier of the land whereon such tree was felled or
which is nearest to such obstruction, interference, or building shall
in any proceedings under this Enactment be j) resumed, in the
absence of proof to the contrary, to have interfered with the bank,
or effected the felling, obstruction, interference, or building, as the
case may be.
7. (i) Save as may be expressly authorized under the provisions
of any other law no person shall, except under and in accordance
with the terms of a Ucense under this Enactment, by means of
any ditch, drain, channel, pipe, or otherwise divert water of any
river from its natural course.
(ii) Whenever any such diversion shall have been made, the
occupier or occupiers of the lands (if any) benefited by such diversion
shall, in the absence of proof to the contrary, be presumed to have
made it.
(iii) Licenses to divert water from a river in any State for use in
the generation of electricity may be granted by the Resident of
such State.
(iv) Licenses to divert water from a river in any district for use :
(a) for private or domestic purposes,
(b) in the cultivation of rice,
(c) for industrial and other purposes,
may be granted by the District Officer of such district with the
approval, in each case falling under heading (a) or heading (c) of
this sub-section, of the Resident.
(v) Every license granted under this section shall set out the
purpose for whicli the same is granted and shall be for such period
and subject to such conditions and restrictions as may be stated
therein.
8. (i) A license under this Enactment to divert water from a
river in any State may extend to authorizing the licensee to erect,
cut, or construct and maintain upon or through any State lands
or alienated lands specified in that behalf in the license any pump,
line of pipes, flume, race, drain, dam, or reservoir and, subject to
WATERS. 717
such conditions and restrictions as may be specified in the Ucense,
to take and use the water therefrom in such quantities and in
such manner as in the opinion of the Resident of such State may
be necessary for carrying out the purpose of the hcense.
(ii) A licensee so authorized as aforesaid may enter upon the
State lands or alienated lands so specified as aforesaid for the pur-
poses expressed in such Hcense and carry out all or any of the
works thereby sanctioned and exercise all or any of the rights
thereby granted ; provided that he shall be liable to make com-
pensation to the owner or lawful occupier of any alienated land
upon which such work shall be carried oiit or such rights exercised.
9. (i) There shall be power at any time (a) without cause Eevocation and
assigned to revoke or alter, or to vary the period, terms, or conditions f/ce^'ases?" °^
of, any license granted under this Enactment upon payment to the
licensee of compensation for any damage which he may sustain in
respect of such revocation, alteration, or variation ; (6) to revoke
without compensation any license on breach by the licensee of any
condition or restriction to which the license is subject or on convic-
tion of the licensee of any offence punishable under this Enactment,
(ii) The power in sub-section (i) referred to may in the case of a
license granted by the Resident be exercised by the Resident and
in the case of a license granted by a District Officer be exercised
by the District Officer ; provided that in the case of a license to
the granting whereof the approval of the Resident is required, such
approval shall also be necessary to the exercise by a District Officer
of the power in sub-section (i) referred to.
10. The amount of any compensation payable under either of Assessment of
the two last preceding sections shall, if not settled by agreement compensation.
between the parties concerned, be assessed in the manner provided
by Part VII of " The Land Enactment, 1911."
11. Where aHenated land is affected by any authority under Record of
Section 8 contained in a license to divert water from a river, the ||gg"^gj°° *^'"^*
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 hcense whereof
an entry has been made as aforesaid make in the said Register
an entry of such revocation.
12. (i) There shall be payable in respect of every license under Fees and rents
this Enactment in anv State such fee and annual rent (if any) as i? '^■^^5'^*^ °*
may be prescribed or if no fee or annual rent be prescribed then such
fee and annual rent (if any) as the Resident of such State imposes.
(ii) The amount of such fee and rent, with the date on which
the rent falls due year by year, shaU be set out in the license.
(iii) Any Hcense in respect whereof the rent shall remain unpaid
for sixty days after the same faUs due may without notice to the
Hcensee be revoked and no compensation shall be payable in
respect of such revocation.
718
No. 9 OF 1920.
Liability for
damage.
Hestriction on
construction of
walls and
buildinrjs on
banks of rivers
or within flood
channels.
Penalties ;
sanction for
prosecution.
13. No license under this Enactment shall exempt any person
from liability in respect of any damage occasioned by such person
to the property of the Government or of any person.
14. (i) Save as may be expressly authorized under the provisions
of any other law no person shall in any State after the commence-
ment of this Enactment erect or build any wall or construct any
revetment along the bank of any river or erect any building or
structure within fifty feet of any such bank, or withm any flood
channel declared under this section, except under and in accordance
with the terms of a written permission in that behalf from the
Resident of the State ; any such permission may be subject to
such conditions and restrictions as the Resident thinks fit to impose.
(ii) Where the Resident of a State is satisfied that the bed of any
river in such State is insufficient to contain the waters thereof in
time of such floods as may reasonably be expected, he may by
notification in the Gazette declare any land abutting on such river and
extending to such a distance from either or both banks as may be
specified in such notification to be a flood channel for such river, and
may at any time in hke manner revoke or vary any such declaration.
(iii) The District Officer or any person authorized thereto by him
in writing may enter upon and inspect any buildings or premises
to which a permission given under sub-section (i) relates.
(iv) Any person who shall contravene the provisions of this
section shall be guilty of an offence and liable on conviction before
the Court of a Magistrate of the First Class to be sentenced by such
Court to a fine not exceeding two thousand dollars ; and any
building or construction built or erected in contravention of this
section may be removed by order of the Resident and the cost of
such removal shall be recoverable from such person by the Resident,
or any person authorized in that behalf by the Resident, by civil
suit.
(v) Nothing in this section shall be deemed to apply to any
wall, revetment, building, or structure in existence or in course of
construction at the commencement of this Enactment or to the
renewal or repair thereof,
15. (i) Any person who shall fail to obey any order given under
Section 4 shall be guilty of an offence and liable on conviction to
a fine not exceeding five hundred dollars and additionally on
conviction to a fine not exceeding ten dollars a day for every day
during which such disobedience shall continue.
(ii) Any person who shall contravene the provisions of Section 5
or Section 7 shall be guilty of an offence and hable on conviction
to a fine not exceeding one thousand dollars.
(iii) No prosecution shall be instituted in respect of any offence
punishable under this section except with the written sanction of
the District Officer of the district wherein the offence is alleged to
have been committed.
(iv) Where a conviction is had before the Court of a Magistrate
of the First Class of any offence referred to in sub-section (i) or
sub-section (ii), .such Court may impose any penalty provided by
this Enactment.
WATERS.
m
i6. (i) Where in any State any person interferes with the bank Power to put a
of a river or contravenes the provisions of Section 5 or Section 7, remedy niegai
the Resident of such State may do and cause to be done all such acts.
tilings as may in his opinion be necessary or expedient for remedying
such interference or contravention or the results thereof, and the
cost thereby incurred shall be recoverable from siich person by the
Resident, or any person authorized in that behalf by the Resident,
by civil suit.
(ii) In amplification and not in derogation of the generahty of
the foregoing powers the Resident may cause the bank of any river
which has been interfered with to be restored or remade, any tree,
which on being felled has fallen into a river, or any obstruction in
or interference with a river, or any bridge, jetty, or landing stage
(other than a bath-house) over or beside any river to be removed
or destroyed, and any ditch, drain, channel, pipe, or other means
of diverting the water of any river from its natural course to be
filled in, closed, destroyed, or removed.
(iii) For the purpose of any work or thing about to be or being
carried out or done under the provisions of this section, entry may
be made upon any land owned or occupied by any person whose
interference with the bank of a river or contravention of the
provisions of Section 5 or Section 7 has given occasion for such
work or thing ; provided that nothing herein contained shall
authorize entry into any dwelling-house and that before entry upon
land owned or lawfully occupied by any person not less than
twenty-four hours previous notice in writing shall, except in any
case where the Resident otherwise directs, be given to such owner
or occupier.
(iv) Nothing in this section contained shall affect any liability
of any person to prosecution and punishment under Section 15.
17. For the purposes of this Enactment every person shall be Liability ot
liable for every act and omission of any agent or servant employed employer.
by him and acting within the scope of such employment in the
same manner and to the same extent as if such act or omission
were done or committed by such first mentioned person ; but so
that nothing in this section shall affect the hability of such agent
or servant.
18. (i) In any State the Resident may from time to time, with Rules.
the approval of the Chief Secretary to Government, make rules,
not inconsistent with this Enactment,
(a) to prescribe fees and annual rents payable in respect of
licenses granted under this Enactment,
(6) to restrict to particular areas or rivers the issue by District
Officers of licenses, or specified kinds of licenses under
Section 5 and Section 7 ;
(c) generally for the purpose of carrying into effect the
provisions and purposes of this Enactment,
(ii) All such rules shall be pubHshed in the Gazette and shall
thereupon have the force of law.
ENACTMENT NO. 13 OF 1920.
Short title,
commencement,
and repeal.
Interpretation.
Appointment
o£ officers.
An Enactment to consolidate and amend the Law with
respect to the Registration of Births and Deaths.
L. N. GuiLLEMARD, [18th September, 1920.]
President of the Federal Council.
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 Births and Deaths
Registration Enactment, 1920," and shall come into force upon
such date as the Chief Secretary to Government may by notification
in the Gazette appoint.
(ii) Upon the coming into force of tliis Enactment the Enactments
specified in the schedule shall be repealed.
(iii) All appointments and rules made under any Enactment
hereby repealed which were in force immediately prior to the
commencement of this Enactment shall be deemed to have been
made under this Enactment, but so that the operation thereof shall
not be thereby extended.
2. In this Enactment, unless the context otherwise requires —
Words referring to burial of bodies shall be deemed to include
burning of bodies ;
" House " includes a public institution ;
" Public institution " includes prison, lock-up, lunatic asylum,
hospital, and any other pubhc or charitable institution ;
'' Occupier " includes the keeper, master, matron, superintendent,
or other chief resident officer of every public institution, and where
a house is let in separate apartments or lodgings includes any
person residing in such house who is the person under whom such
lodgings or separate apartments are immediately held or his agent ;
" Registered Medical Practitioner " means any person whose
name is included in the latest list of registered Medical Practitioners
published in the Gazette under the provisions of " The Medical
Registration Enactment, 1907 " ;
" Registration area " means the area for which a Registrar or
Deputy Registrar is appointed.
3. (i) The Chief Secretary to Government may appoint a
Registrar-General of Births and Deaths for the Federated Malay
States, with necessary clerks and subordinate officers.
(ii) The Resident of each State may appoint such Registrars and
Deputy Registrars of Birtlia and Deaths for specified areas in such
720
BIRTHS AND DEATHS REGISTRATION. 721
State as he may think fit, with necessary clerks and subordinate
officers.
4. (i) The Registrar-General shall cause to be provided a sufficient Registration- .
number of registration-books for the record of all births and of ^ooks.
separate registration-books for the record of all deaths, and shall,
from time to time, furnish to the Registrar of each registration
area, for distribution to Deputy Registrars, such registration-books
as the Registrar may require.
(ii) Such registration-books shall be strongly bound books of
forms, each page of which shall be furnished with a counterfoil from
which it shall be detachable, by means of perforation or otherwise,
the pages shall be numbered consecutively, and the number printed
on each page shall be also printed on the counterfoil thereof, and
each page and counterfoil of every birth registration-book shall
contain identical prmted headings indicating the information which
is to be filled in, in the spaces provided therefor, by or on behalf
of the person reporting a birth ; and each page and counterfoil of
every death registration-book shall contam identical printed
headings indicating the information which is to be filled in, in the
spaces provided therefor, by or on behalf of the person reporting
a death. Such information shall, in the case of a report of a death,
include, so far as possible, the name, age, sex, place of residence
and birth, race, and occupation of the deceased, and in the case
of an Asiatic the name of the father, the period of his continuous
residence in the registration area, his last place of residence before
arrival in the registration area, the duration of his illness, the
date and cause of his death, and the name and qualification of the
registered medical practitioner certifying the cause of the death.
Subject as aforesaid the nature and form of the headings in regis-
tration-books, the language or languages in which they are to be
rendered, and all other matters relating to the preparation thereof
may be prescribed by rules under this Enactment.
5. (i) Every person reporting a birth or death to a Deputy Hecora of
Registrar shaU, if and so far as he is able, write, in the language o^^oiTbehau'^o^
which he ordmarUy uses and if that language be not English then person report-
also in the English language, in the appropriate sj^aces of the page deitl. ''
of the registration-book placed before him for that purpose by the
Deputy Registrar and also of the counterfoil of the said page all
the information indicated by the printed headings appearing on
the page and counterfoil. If and so far as any person so reportmg
is imable to write in the prescribed languages the information
indicated by the said headings, he shall furnish the required infor-
mation orally to the Deputy Registrar, who shall wTite it in the
said appropriate spaces.
(ii) When the required information has been wTitten on the page
and comiterfoil, the person furnishing the information shall sign
his name in the appropriate place on the page and counterfoil or
if he be unable to sign his name shall in lieu of signature affix the
impression in ink of his right thumb which shall be mtnessed by
the Deputy Registrar, and thereafter the Deputy Registrar shall,
in the appropriate spaces on the page and counterfoil, fill in the
111—46
722
No. 13 OF 1920.
Original and
duplicate
registers.
Cancellation of
spoiled pages.
Duty of Deputy
Registrars to
keep informed
of births and
deaths and to
get the pre-
scribed informa-
tion recorded.
Disposal and
custody of com-
pleted pages
and counterfoils
of registration-
boolcs.
date of the furnishing of the said information as the date of
registration and a^ffix his signature.
Provided that in the event of a person who is required to affix a
signature or thumb impression to information recordod under this
section being a woman and unable through ilhiess or other cause
to affix such signature or impression she may authorize any male
relative to affix on her behalf his signature or thumb impression
thereto.
(iii) Every person reporting a birth or death under the provisions
of this section shall be entitled to receive free of charge a copy of
the entry signed by the Deputy Registrar.
6. (i) The pages of the registration-books filled in as hereinbefore
provided shall constitute the original register of births and deaths,
respectively, and the counterfoils of the said pages filled in as
hereinbefore j)rovided shall constitute the duphcate register of
births and deaths, respectively.
(ii) The district register books containing entries made mider
the Enactments hereby repealed together with the alphabetical
indexes thereof made under the provisions of the said Enactments
shall be kept in the custody of such Registrar as the Resident in
each State may direct.
7. Whenever any page of a registration-book, or the counterfoil
of any page, in the possession of a Deputy Registrar which has
not been filled in as hereinbefore provided is in the opinion of the
Deputy Registrar so spoiled, defaced, or injured as to be unsuitable
for record of the prescribed particulars, the Deputy Registrar shall
cancel both the page and counterfoil by writing across the face of
each the word " Cancelled " and affixing his signature together
with the date of affixing the same.
8. Every Deputy Registrar shall inform himself carefully of
every birth and death occurring in liis registration area and shall
cause the prescribed information to be furnished and recorded
without delay in the proper registration-book furnished to him for
that purpose. In cases of death the Deputy Registrar shall, if
practicable, personally inspect the corpse and make enquiries among
the persons present at the death.
9. (i) Every Deputy Registrar shall
(a) detach, at such intervals as may be prescribed, from their
counterfoils all such pages of the registration-books in his
possession as shall have been filled in as hereinbefore
provided, together with those which shall have been
cancelled by the Deputy Registrar, and shall forward
them to the Registrar of his registration area ; and
(h) so soon as all the pages and counterfoils of any registration-
Ijook in his possession shall have been filled in or
cancelled, as hereinbefore provided, and the pages shall
have been detached from their counterfoils, forward the
counterfoils in their original binding to the Registrar of
his registration area.
(ii) Every Registrar shall transmit, at such intervals as may be
prescribed, to the Registrar-General all pages of registration-books
BIRTHS AND DEATHS REGISTRATION. 723
received by him from Deputy Registrars under paragraph (a) of
sub-section (i), and shall keep in a suitable strong room or other
safe place all bound counterfoils received by him under paragraph
(6) of sub-section (i).
(iii) The Registrar-General shall cause the pages received by liim
from the Registrars under sub-section (ii) to be strongly bound
from time to time in books, preserving the original sequence of the
pages as indicated by the printed numbers thereon and separating,
in such manner and to such extent as may be prescribed, the pages
relating to one registration area from the pages relating to other
registration areas, and shall keep the said pages and books in a
suitable strong room or other safe place.
10. (i) The original registers of births and of deaths respectively iiispection of
in the custody of the Registrar-General and the Registrars and the ceftmed copies
duplicate registers and the district registers containing entries of entries.
made under the Enactments hereby repealed in the custody of the
Registrars shall, on payment of the prescribed fees, be open to
inspection by any person on any day, not being a Saturday, Sunday,
or holiday, between the hours of ten in the forenoon and four in
the afternoon and the Registrar-General and every Registrar shall,
on payment of the prescribed fees, furnish to any person requiring
the same a certified copy of any entry in any register in his charge.
(ii) Every copy of any entry in any register certified under the
hand of the Registrar-General or of a Registrar in charge of
the same for the time being to be a true copy shall, subject to the
limitation in Section 15 provided, be 'prima facie evidence in all
Courts and before all tribunals in the Federated Malay States of
the dates and facts contained or set forth in such copy.
11. The Registrar-General shall, by the 1st day of March in yearly
every year, compile r^T"^ ^^^
(a) a summary of the births and deaths of the past year accord-
ing to such forms as shall, from time to time, be approved
by the Chief Secretary to Government, and
(6) a general report on the increase or decrease of the population
and on any special causes appearing to affect the same,
so far as the same can be gathered from the registers of
births and of deaths.
12. (i) In the case of every child born aHve after the commence- The persons on
ment of this Enactment, it shall be the duty of the father and ^u°y\o'feport^
mother of the child, and of the occupier of the house in which to births an.i
his knowledge the child is born, and of each person present at the
birth, and of the person having charge of the child, to report such
birth within fourteen days after the same shall have taken place
to the Deputy Registrar of the registration area within which the
birth shall have taken place and to comply with the provisions of
Section 5.
(ii) Whenever the name of a child is not settled and cannot be
notified to the Deputy Registrar within fourteen days of birth, the
person whose duty it is to report such birth shall, so soon thereafter
as the name is settled and not later than seven years thereafter,
attend again at the office of the Deputy Registrar of the registration
deaths.
724
No. 13 OF 1920.
Penalty for
omission to
report or
furnish infor-
mation within
the time
prescribed.
Extended time
within wliich
information
may be
recorded.
I'ost
rc'-istraticn.
area within which the birtli took place or, if such Deputy Registrar
!^o directs, at tlie office of the Registrar of the registration area
and there record the name in the manner (so far as is practicable) •
prescribed by Section 5 for the recording of information by a
person reporting a birth.
(iii) When a person dies in a house after the commencement of
this Enactment, it shall be the duty of the occupier of the house
in which to his knowledge the death took place, and of the nearest
relatives of the deceased in attendance during his last illness, and
of each person present at the death, and in default of the persons
hereinbefore in this sub-section mentioned of each inmate of the
house and of the person causing the body of the deceased to be
buried, to report such death within twelve hours (exclusive of the
time necessary for the journey and of any intervening hours of
darkness) after the same shall have taken place to the Deputy
Registrar of the registration area within which the death took
place and to comply with the provisions of Section 5.
(iv) When a person dies in a place which is not a house, or a
dead body is found elsewhere than in a house, it shall be the duty
of every relative of such deceased person having knowledge of any
of the particulars prescribed to be registered concerning the death,
and of every person present at the death, and of any person taking
charge of the body, and of the person causing the body to be
buried, to report such death or finding Avithin twelve hours (exclu-
sive of the time necessary for the journey and of any intervening
hours of darlaiess) after the death or the finding to the Deputy
Registrar of the registration area within which the death took
place or the body was found and to comply (so far as is practicable)
with the provisions of Section 5 appUcable to a person rej)orting
a death.
13. Any person whose duty it shall be under this Enactment to
report, or furnish information as to, anj^ birth or the name of any
child or any death or the finding of any dead body and who shall,
without reasonable cause, omit to do so within the time prescribed
by this Enactment, shall be guilty of an offence and hable on
conviction to a fine not exceeding fifty dollars, except in any case
for which a smaller penalty is provided by this Enactment.
14. Notwithstanding the commission by any person of such an
offence as is in Section 13 referred to, a Deputy Registrar may, on
payment by such person of the prescri})ed fee, permit the prescribed
information relating to any birth or death to be recorded in the
manner prescribed by Section 5 within forty-two days after the
birth and within three days after the death, as the case may be.
15. Notwithstanding any omission to report, or furnish infor-
mation as to, any birtli a\ ithin forty-two days or any death A\-ithin
three days, it shall be the duty of the Deputy Registrar to procure
by all means in his poAver the best and most accurate information
respecting any birth or death which may have occurred within his
registration area and to cause the same to be recorded (so far as
is practicable) in the manner prescribed by Section 5, but not until
after the expiration of the time last mentioned in each case. Pro-
vided that every entry made under this section on any page of a
BIRTHS AND DEATHS REGISTRATION. 725
registration-book and on the counterfoil thereof shall be marked
by the Deputy Registrar, in such manner as may be prescribed,
with the words " Post Registration " ; and no copy of any entry
so marked shall be receivable in evidence, as prescribed in Section
10, unless the truth of the facts therein entered shall have been
found by a Magistrate in a proceeding instituted before him under
this section, and such Magistrate has certified his finding in the
register. Such a proceeding may be instituted by any person
claiming to have an interest in substantiating the record marked
" Post Registration " and shall be brought by way of information
and summons to be served on the Registrar calling upon liim to
shew cause why a certified copy of such entry should not be entitled
to be received in evidence in the manner and to the extent provided
by Section 10.
16. (i) It shall be the duty of all pohce officers, penghulus, and Duties of
headmen to obtain information of every birth and death within peilgbuius.^aud
their respective areas or mukims, and also respecting the father or ^leadmen.
mother of every cliild born in their respective areas or mukims,
and respecting the occupier of any house in their respective areas
or mukims in which any birth or death may take place, and to give
notice thereof to the Deputy Registrar of the registration area.
(ii) Any poHce officer, penghulu, or headman who, kno^\ing such
particulars, shaU Avilfully neglect or omit to give notice thereof to
the Deputy Registrar shall be guilty of an offence and liable on
conviction to a fine not exceeding twenty-five dollars.
17. (i) It shall be the duty of every registered medical prac- Duty of medimi
titioner, upon the death of any person who has during his last t^Je'rtificatp."^
illness been attended by such medical practitioner, to sign and
deliver A\ithin twelve hours of the death to some person required
by this Enactment to furnish particulars of the death or to the
Deputy Registrar of the registration area ^\dthin Avhich the death
took place a certificate in the prescribed form, and such person
shall, when reporting or furnishing information as to the death,
dehver such certificate to the Deputy Registrar.
(ii) In case any certificate under the last sub-section shall certify
that the cause of death of any person has arisen from plague,
cholera, small-pox, or any disease that is or shall hereafter be
required to be notified to foreign countries as a dangerous infectious
disease under any convention with regard to dangerous infectious
diseases for the time being in force which is not known at the time
to be prevalent in the State where the deceased person died it shall
be la\A^ul in any case where the Registrar-General or Registrar is
not satisfied of the correctness of the diagnosis made by the regis-
tered medical practitioner for him to refuse to act upon such
certificate and to refuse to register the death until a further and
other opinion as to the cause of death has been given upon an
examination made by a Health Officer and in every such case the
cause of death that shall be entered in the register book shall be
that certified by such officer.
(iii) When a registered medical practitioner has made a post-
mortem examination of the body of any person, such medical
practitioner shall, witliin twenty-four hours after the conclusion of
726
No. 13 OF 1920.
Duty of
Magistrate
holding enquiry
of death to
forward copy
of finding.
Penalty for
breach of
Section 17 or 18.
Penalty for
false
information,
false entry, or
destruction of
entry.
Penalty for
injury to
register and for
omission by
Deputy
Registrar to
effect regis-
tration.
Authority for
prosecution.
the examination, forward a certificate in the prescribed form to
the Deputy Registrar of the registration area within which the
death took place.
(iv) The cause of death as stated in the certificate, together with
the name of the certifying medical practitioner, shall be entered on
the approjiriate page of the registration-book and on the counterfoil
thereof.
18. When an enquiry is held into the death of any person, the
Magistrate holding such enquiry shall, within twenty-four hours
after the conclusion thereof forward a certified copy of his finding
to the Deputy Registrar of the registration area within which the
death took place, and the cause of death as stated in such finding
shall be entered on the appropriate page of the registration-book
and on the counterfoil thereof.
19. Any person wilfully neglecting or omitting to comply Avith
the provisions of Section 17 or Section 18 shall be guilty of an offence
and liable, on conviction, to a fine not exceeding twenty-five dollars.
20. Any person who shall
(a) wilfully make or permit to be made for the purposes of
registration any false statement, or
(b) wilfully or knowingly furnish or permit to be furnished
any false information, touching any of the particulars
hereby required to be made known, or
(c) make or permit to be made any false entry in any
registration-book or register, knomng the same to be
false, or
(d) wilfully destroy or permit to be destroyed any entry in any
registration-book or register
shall be guilty of an offence and liable, on conviction, to a fine not
exceeding five hundred dollars or to imprisonment of either
description for a term not exceeding twelve months or to both such
fine and imprisonment.
21. (a) Any person who shall wilfully or carelessly destroy,
injure, mutilate, deface, or lose any registration-book or
register used for the purposes of this Enactment, and
(6) any Deputy Registrar who shall refuse or omit without
reasonable cause (the burden of proof whereof shall He
on him) to effect or secure the due registration of any
birth or death within liis registration area of which he
shall have notice or knowledge, and
(c) any Registrar-General, Registrar, or Deputy Registrar
who shall carelessly or wilfully allow any register or
registration-book to be destroyed, injured, mutilated,
defaced, or lost whilst in his custody or keeping
shall be guilty of an offence and Hable, on conviction, to a fine not
exccedmg one hundred dollars or to imprisonment of cither descrip-
tion for a term not exceeding six months or to both such fine and
imprisonment.
22. No prosecution for any offence under this Enactment shall
Ijc instituted except by the authority of the Public Prosecutor, the
Registrar-General, or a Registrar.
BIRTHS AND DEATHS REGISTRATION. 727
23. (i) No alteration in any registration-book or register shall be correction of
made except as authorized by this section. ^"°'^'
(ii) Any clerical error which may from time to time be discovered
in any such registration -book or register may be corrected by a
Deputy Registrar while the counterfoil is in his possession and
thereafter by the Registrar of the registration area in the manner
directed by the Registrar-General.
(iii) An error of fact or substance in any such registration-book
or register may be corrected by entry in the margin (without any
alteration of the original entry) by the Registrar of the registration
area, upon payment of the prescribed fee and upon production to
him by the person requiring such error to be corrected of a statutory
declaration setting forth the nature of the error and the true facts
of the case, and made by two persons required by this Enactment
to give information concerning the birth or death with reference
to which the error has been made, or in default of such persons then
by two credible persons having knowledge of the truth of the case.
(iv) Where an error of fact or substance occurs in the information
forwarded by a Magistrate under Section 18 concerning a dead
body upon which he has held an enquiry the Magistrate, if satisfied
by evidence on oath or statutory declaration that such error exists,
may certify under his hand to the Registrar of the registration area
within which the death took place the nature of the error and the
true facts of the case as ascertained by him on such evidence and
the error may thereupon be corrected by such Registrar by entering
in the margin (without any alteration of the original entry) the
facts as so certified by the Magistrate.
(v) When any correction is made under the provisions of this
section after the page of the registration-book has been transmitted
to the Registrar-General, the Registrar shall forthwith forward the
necessary information to the Registrar-General in order that the
correction may be recorded in the original register.
24. Nothing in this Enactment shall apply to a stUl born child, stm bom cMid.
25. (i) Subject to the provisions of this Enactment the Chief Rules.
Secretary to Government may make rules in respect of all or any
of the following matters :
(a) the form and contents of the registration-books and of any
certificates, notices, or other documents required for
carrying out the purposes of this Enactment ;
(6) the fees to be taken under this Enactment ;
(c) the custody of the registration-books, registers, and other
documents connected with the business of registration ;
(d) the making of searches and the giving of certified copies ;
(e) the preparation and custody of indexes of matters contained
in registers ;
(/) any other matters as to which it may be expedient to make
rules for carrying into effect the objects of this Enactment.
(ii) Such rules shall be pubhshed in the Gazette and shall there-
upon be of the same force as if they had been enacted in this
Enactment.
728
No. 13 OF 1920.
Fees to be paid 26. All fees taken under this Enactment shall be paid into the
into Treasury, Treasury for the credit of the public revenue.
Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Perak . .
Selangor
N. Sembilan . ,
Pahang
2 of 1901
1 of 1901
1 of 1901
6 of 1897
The Births and l)eaths Registration
Enactment, 1901
Do.
Do.
The Registration of Births and
Deaths and Notification of Sick-
ness Enactment, 1896
ENACTMENT NO. 18 OF 1920.
An Enactment to remove doubts with regard to certain
proceedings of the Federal Council of the Federated
Malay States.
L. N. GuiLLEMARD, [30th October, 1920.
President of the Federal Council. 9th November, 1920.]
Whereas on the 28th day of July, 1920, a meetiag of the Federal
Council was held at Avhich there was not j)resent at least one
member from each of the four Federated Malay States : and
whereas doubts have consequently arisen as to the vaUdity of the
proceedings of the said meeting and whereas it is expedient to
remove the said doubts :
It is hereby enacted by the Rulers of the Federated Malay States
in Council as foUows : —
1. This Enactment may be cited as " The Council Proceedings short title and
Validation Enactment, 1920," and shaU come into force on the S!'"*"""
publication thereof in the Gazette.
2. Every act or proceeding purporting to have been done or validation of
taken by the Federal Council on the 28th day of July, 1920, and gouil'u!""' °^
every Enactment purporting to have been enacted by the said
Council on the said date shall be and be deemed to have been at
all times and for all purposes as vahd and effectual as if there had
been present at the said meeting at least one member from each
of the four Federated Malay States.
729
ENACTMENT NO. 19 OF 1920.
An Enactment to provide for matters relating to Trustees.
L. N. GuiLLEMARD, [30th October, 1920.
President of the Federal Council. 12th November, 1920.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
Short title and
commence-
ment.
laterpretation.
PRELIMINARY.
1. This Enactment may be cited as " The Trustee Enactment,
1920," and shall come into force on publication thereof in the
Gazette.
2. In this Enactment, unless there is something repugnant in the
subject or context —
" Charge " and " chargee " include and relate to every interest
regarded in equity as merely a security for money and every person
lawfully claiming under the original chargee ;
" Contingent right," as appHed to land, includes a contingent or
executory interest, a possibihty coupled with an interest, whether
the object of the gift or limitation of the interest or possibility
is or is not ascertained, also a right of entry, whether immediate
or future and whether vested or contingent ;
"Convey" and "conveyance" applied to any person include
the execution by that person of every necessary or suitable assurance
for conveying, assigning, appointing, surrendering, or otherwise
transferring or disposing of land whereof he is proprietor or possessed
or wherein he is entitled to a contingent right, either for his whole
interest or for any less interest, together with the performance of
all formalities required by law to the validity of the conveyance ;
" Instrument " includes Enactment ;
" Land " means immovable property and includes any interest
therein and also an imdivided share of land ;
" Lunatic " means any person found by due course of law to be
of unsound mind' and incapable of managing his affairs ;
" Minor " means a person who is under twenty-one years of age ;
" Pay " and " payment," as applied in relation to stocks and
securities and in connection with the expression " into Court,"
include the deposit or transfer of the same in or into Court ;
" Person of unsound mind " means any person, not a minor, who.
not being a lunatic, is incapable from infirmity of mind of managing
his affairs ;
730
TRUSTEE. 731
" Possessed " applies to receipt of income of, and to any vested
interest less than a life interest, legal or equitable, in possession or
in expectancy, in any land ;
" Property " includes movable and immovable property and any
interest therein and any debt and any thing in action and any
other right or interest, whether in possession or not ;
" Rights " include interests ;
" Securities " include stocks, funds, and shares ;
" Stock " includes fully paid up shares and, so far as relates to
vesting orders made by the Supreme Court under this Enactment,
includes any fund, annuity, or security transferable in books kept
by any corporation, company, association, or society, or by mstru-
ment of transfer, either alone or accompanied by other formahties,
and any share or interest therein ;
" Supreme Court " includes a Judicial Commissioner ;
" Transfer," in relation to stock, includes the execution and
performance of every instrument, power of attorney, act, and thing
on the part of the transferor to effect and complete the title in the
transferee ;
" Trust " and " trustee " include implied and constructive trusts
and cases where the trustee has a beneficial interest in the trust
property and the duties incident to the office of personal represen-
tative of a deceased person.
PART I.
INVESTMENTS.
3. A trustee may, unless expressly forbidden by the instrument investments.
(if any) creating the trust, invest any trust funds in his hands,
whether at the time in a state of investment or not, in manner
following, that is to say —
(a) in any of the Parliamentary stocks or public funds or
Government securities of the United Kingdom of Great
Britain and Ireland or of British India or any British
Colony or of the Federated Malay States ;
(b) in any securities the interest on which is or shall be guaran-
teed by the Parhament of the said United Kingdom ;
(c) Upon titles to immovable property in the Federated Malay
States by grant in perpetuity or by lease (other than
mining lease) for a term whereof one hundred years at
least shall be unexpired at the time of such investment ;
{d) upon freehold or leasehold securities in the Straits
Settlements, such leasehold securities being held for a
term whereof one hundred years at least shall be
unexpired at the time of such investment ;
(e) in or upon the debentures, debenture stock, or guaranteed
or preference or ordinary stock or shares of any railway
or other comj)any a fixed or minimum rate of interest or
dividend on which is guaranteed by the Government of
the Federated Malay States or of any British Colony ;
732
No. 19 OF 1920.
Discretion of
trustees.
Application of
preceding
sections.
Loans and
investments by
tnistees not
fhargeable as
breaciies of
trust.
(/) in or upon the debentures or debenture or rent-charge stock
of any railway, canal, dock, harbour, gas, water, or other
company or body incorporated by special legislation of
the Federated Malay States or the Straits Settlements or
by charter of His Britannic Majesty ;
(g) in or upon the guaranteed or preference stock or shares of
any railway, canal, dock, harbour, gas, water, or other
company which shall have paid dividends upon its
ordinary capital for at least the three years last preceding
the making of the advance thereon ;
(k) in or upon the debentures or debenture or rent-charge
stock of any railway, canal, dock, harbour, gas, water, or
other company or body incorporated in the Federated
Malay States or the Straits Settlements which shall have
paid a dividend at the rate of not less than five per centum
upon its ordinary capital during each of the three years
last preceding the time of investment ;
(i) in or upon the stocks, bonds, debentures, or securities of any
public body, municipahty, or local authority in the
Federated Malay States or the Straits Settlements the
revenues whereof are under the control of the Government
of the said States or Settlements, as the case may be ;
{)) in any other security which may from time to time be
added by resolution of the Federal Council,
and may also from time to time vary any such investment as
aforesaid for others of the same nature ; provided always that no
such original investment as aforesaid shall, where there is a person
under no disability entitled in possession to receive the income of
the trust fund for his life or for a term of years determinable with
his life or for any greater interest, be made without the consent
in wTiting of such person.
•
4. Every power conferred by Section 3 sHall be exercised accord-
ing to the discretion of the trustee but subject to any consent
required by the instrument, if any. creating the trust with resj)ect
to the investment of the trust funds.
5. Sections 3 and 4 shall apply as well to trusts created before
as to trusts created after the commencement of this Enactment,
and the powers thereby conferred shall be in addition to the powers
conferred by the instrument, if any, creating the trust.
6. (i) A trustee lending money on the security of any property on
which he can lawfully lend shall not be chargeable with breach of
trust by reason only of the proportion borne by the amount of the
loan to the value of the property at the time when the loan was
made, provided that it appears to the Court that in making the
loan the trustee was acting upon a report as to the value of the
property made by a person whom he reasonably believed to be an
able, practical surveyor or valuer mstructed and employed inde-
pendently of any owner of the property, Avhether such surveyor
or valuer carried on l)usiness in the locaUty where the i)roperty is
situate or elsewhere, and that the amount of the loan does not
exceed two equal third parts of the value ofthe property as stated
TRUSTEE. 733
in the report and that the loan was made under the advice of the
surveyor or valuer expressed in the report.
(ii) A trustee shall not be chargeable with breach of trust by
reason only of his continuing to hold an investment which has
ceased to be an investment authorized by the instrument of trust
or by this Enactment.
(iii) This section applies to transfers of existing securities as well
as to new securities and to investments made as well before as after
the commencement of this Enactment, except where an action or
other proceeding is pending with reference thereto at the commence-
ment of this Enactment,
7. (i) Where a trustee improperly advances trust money on the Liability for loss
security of a charge which would at the time of the investment be jmp'rTpe" °
a proper investment in all respects for a smaller sum than is investments.
actually advanced thereon, the security shall be deemed an
authorized investment for the smaller sum and the trustee shall
only be liable to make good the sum advanced in excess thereof
with interest.
(ii) This section applies to investments made as well before as
after the commencement of this Enactment, except where an
action or other proceeding is pending with reference thereto at the
commencement of this Enactment.
PART II.
VARIOUS POWERS AND DUTIES OF TRUSTEES.
Appointment of New Trustees.
8. (i) Where a trustee, either original or substituted and whether Power of
^ tip point in "^
appointed by a Court or otherwise, is dead or remains out of the new trustees.
Federated Malay States for more than twelve months or desires to
be discharged from all or any of the trusts or powers reposed in or
conferred on him or refuses or is unfit to act therein or is incapable
of acting therein, then the person or persons nominated for the
purpose of appointing new trustees by the instrument, if any,
creating the trust, or if there is no such person or no such person
able and willing to act then the surviving or continuing trustees or
trustee for the time being or the personal representatives of the
last surviving or continuing trustee, may by writing ajjpoint another
person or other persons to be a trustee or trustees in the place of
the trustee dead, remaining out of the Federated Malay States,
desiring to be discharged, refusing or being unfit or being incapable
as aforesaid.
(ii) On the appointment of a new trustee for the whole or any
part of trust property — •
(a) the number of trustees may be increased ; and
(b) a separate set of trustees may be appointed for any part of
the trust property held on trusts distinct from those
relating to any other part or j)arts of the trust property,
notwithstanding that no new trustees or trustee are or is
to be appointed for other parts of the trust property,
734
No. 19 OF 1920.
Retirement of
trustee.
Vestini? of
movable
property in new
or continuing
trustees.
and any existing trustee may be appointed or remain one
of such separate set of trustees ; or, if only one trustee was
originally appointed, then one separate trustee may be so
appointed for the first mentioned part ; and
(c) it shall not be obligatory to appomt more than one new
trustee where only one trustee was originally appointed
or to fill up the original number of trustees where more
than two trustees were originally appointed ; but, except
where only one trustee was originally appointed, a trustee
shall not be discharged under this section from his trust
unless there will be at least two trustees to perform the
trust ; and
((/) any assurance or thing requisite for vesting the trust
property or any part thereof jointly in the persons who
are the trustees shall be executed or done,
(iii) Every new trustee so appointed, as well before as after all
the trust property becomes by law or by assurance or otherwise
vested in him, shall have the same powers, authorities, and discretions
and may in all respects act as if he had been originally appointed a
trustee by the instrument, if any, creating the trust.
(iv) The provisions of this section relative to a trustee who is
dead include the case of a person nominated trustee in a will but
dying before the testator, and those relative to a continuing trustee
include a refusing or retiring trustee if willing to act in the execution
of the provisions of this section.
(v) This section applies only if and so far as a contrary mtention
is not expressed in the instrument, if any, creating the trust and
shall have effect subject to the terms of that mstrument and to
any provisions therein contained.
^,- (vi) This section applies to trusts created either before or after
the commencement of this Enactment.
9. (i) Where there are more than two trustees, if one of them
by instrument under his hand declares that he is desirous of being
discharged from the trust and if his co-trustees, and such other
person, if any, as is empowered to appoint trustees, by mstruments
under their hands consent to the discharge of the trustee and to
the vesting in the co-trustees alone of the trust property, then the
trustee desirous of being discharged shall be deemed to have
retired from the trust and shall, by the said mstruments, be dis-
charged therefrom under this Enactment without any new trustee
being appointed in his place.
(ii) Any assurance or thing requisite for vesting the trust property
in the continuing trustees shall be executed or done.
(iii) This section applies only if and as far as a contrary intention
is not expressed in the instrument, if any, creating the trust and
shall have effect subject to the terms of that instrument and to
any j)rovisions therein contained.
(iv) This section applies to trusts created either before or after
the commencement of this Enactment.
10. (i) Where an instrument by which a new trustee is appointed
to perform any trust contains a declaration by the appointor to
the effect that any interest in any movable property subject to the
TKUSTEE. 735
trust or the right to recover and receive any debt or other thing
in action so subject shall vest in the persons who by virtue of the
instrument become and are the trustees for performing the trust,
that declaration shall without any assignment operate to vest in
those persons, as joint owners and for the purposes of the trust,
that interest or right.
(ii) Where an instrument by which a retiring trustee is discharged
under this Enactment contains such a declaration as is in this
section mentioned by the retiring and continuing trustees and by
the other person, if any, empowered to appoint trustees, that
declaration shaU Avithout any assignment operate to vest in the
continuing trustees alone, as joint oA\Tiers and for the purposes of
the trust, the interest or right to which the declaration relates.
(iii) This section does not extend to any such share, stock,
annuity, or property as is only transferable in books kept by a
company or other body or in manner directed by or under any
Enactment.
(iv) This section applies only to instruments executed after the
commencement of this Enactment.
Purchase and Sale.
11. (i) Where a trust for sale or a power of sale of property is Power of
. ± 1. %/ trusteG for s&lfi
vested in a trustee, he may sell or concur with any other person in to sen by
selling all or any part of the property either subject to prior charges *"'^*'o°> «*".
or not and either together or in lots by public auction or by private
contract subject to any such conditions respecting title or evidence
of title or other matter as the trustee thinks fit, wdth power to vary
any contract for sale and to buy in at anj^ auction or to rescind any
contract for sale and to re-sell without being answerable for any
loss.
(ii) This section apphes only if and as far as a contrary intention
is not expressed in the instrument creating the trust or power and
shall have effect subject to the terms of that mstrument and to
the provisions therein contained.
(iii) This section appHes to trusts or powers created by instru-
ments coming into operation either before or after the commence-
ment of this Enactment.
12. (i) No sale made by a trustee shall be impeached by any ^bTect*to^^^^
beneficiary upon the ground that any of the conditions subject to depreciatory
which the sale was made may have been unnecessarily depreciatory,
imless it also appears that the consideration for the sale was thereby
rendered inadequate.
(ii) No sale made by a trustee shall, after the execution of the
conveyance, be impeached as against the purchaser upon the ground
that any of the conditions subject to which the sale was made may
have been unnecessarily depreciatory, unless it appears that the
purchaser was acting in collusion with the trustee at the time when
the contract for sale was made.
(iii) No purchaser upon anj^ sale made by a trustee shall be at
liberty to make any objection against the title upon the groimd
aforesaid.
conditions.
73G
No. 19 OF 1920.
(iv) This section applies only to sales made after the commence-
ment of tliis Enactment.
Power to
authorize
receipt of
money by
solicitor or
■ banker.
Power to insure
build in-'.
Various Powers and Liabilities.
13. (i) A trustee may appoint a solicitor to be his agent to
receive and give a discharge for any money or valuable consideration
or property receivable by the trustee under the trust by permitting
the solicitor to have the custody of and to produce an instrument
having in the body thereof or endorsed thereon a receipt for such
money or valuable consideration or property, the instrument being
executed or the endorsed receipt being signed by the person entitled
to give a receipt for such money or valuable consideration or
property ; and a trustee shall not be chargeable with breach of
trust by reason only of his having made or concurred in making
any such appointment ; and the producing of any such instrument
by the solicitor shall be sufficient authority to the person hable to
pay or give such money or valuable consideration or proj^erty for
his paying or giving the same to the solicitor, without the solicitor
producing any separate or other direction or authority in that
behalf from the person who executed or signed the instrument.
(ii) A trustee may appoint a banker or soUcitor to be his agent to
receive and give a discharge for any money payable to the trustee
under or by virtue of a policy of assurance by permitting the
banker or solicitor to have the custody of and to produce the policy
of assurance with a receipt signed by the trustee ; and a trustee
shall not be chargeable with breach of trust by reason only of his
having made or concurred in making any such appointment.
(iii) Nothing in this section shall exempt a trustee from any
liability which he would have incurred if this Enactment had not
been passed in case he permits any such money or valuable con-
sideration or property to remain in the hands or under the control
of the banker or solicitor for a period longer than is reasonably
necessary to enable the banker or solicitor (as the case may be) to
pay or transfer the same to the trustee.
(iv) This section apphes only where the money or valuable
consideration or property is received after the commencement of
this Enactment.
(v) Nothing in this section shall authorize a trustee to do any-
thing which he is m express terms forbidden to do, or to omit
anything which he is in express terms directed to do, by the
instrument creating the trust.
14. (i) A trustee may insure against loss or damage by fire any
building or other insurable property to any amount (including the
amf)unt of any insurance already on foot) not exceeding three equal
fourth parts of the full value of such building or property and pay
the premiums for such insurance out of the income thereof or out
of the income of any other property subject to the same trusts
without ol)taining the consent of any person who may be entitled
wholly or partly to sucli income.
(ii) This section docs not apply to any building or property
which a trustee is bound forthwith to convey absolutely to any
beneficiary upon being requested to do so.
TRUSTEE. ' 737
(iii) This section applies to trusts created either before or after
the commencement of this Enactment, but nothing in this section
shall authorize any trustee to do anything which he is in express
terms forbidden to do, or to omit to do anything which he is in
express terms directed to do, by the instrument creating the trust.
15. (i) A trustee of any leaseholds for lives or years which are power of
renewable from time to time either under any covenant or contract [.™e*vabie^
or by custom or usual practice may, if he thinks fit, and shall, if leaseholds to
thereto required by any person having any beneficial interest, monry^for tiie*''
present or future or contingent, m the leaseholds, use his best i'"n>ose.
endeavours to obtain from time to time a renewed lease of the
same property on the accustomed and reasonable terms and for
that purpose may from time to time make or concur in making a
surrender of the lease for the time being subsisting and do all such
other acts as are requisite ; provided that, where by the terms of
the settlement or will the person in possession for his life or other
limited interest is entitled to enjoy the same without any obligation
to renew or to contribute to the expense of renewal, this section
shall not aj)ply unless the consent in writing of that person is
obtained to the renewal on the part of the trustee.
(ii) If money is required to pay for the renewal, the trustee
efPectmg the renewal may pay the same out of any money then in
his hands in trust for the persons beneficially interested in the
lands to be comprised in the renewed lease, and if he has not in his
hands sufficient money for the purpose he may raise the money
required by charge of the property to be comprised in the renewed
lease or of any other property for the time being subject to the
trusts to which that property is subject ; and no person advancing
money ujjon a charge purporting to be under this power shall be
bound to see that the money is wanted or that no more is raised
than is wanted for the purpose.
(iii) This section appHes to trusts created either before or after
the commencement of this Enactment, but nothing in this section
shall authorize any trustee to do anything which he is in express
terms forbidden to do, or to omit to do anything wlii^li he is in
express terms directed to do, by the instrument creating the trust.
16. (i) The receipt in writing of any trustee for any money, power of tmstep
securities, or other movable property payable, transferable, or *" *^''^^ receipts.
deUverable to him mider any trust or power shaU be a sufficient
discharge for the same and shall effectually exonerate the person
paying, transferring, or delivering the same from seeing to the
application or being answerable for any loss or misapplication
thereof.
(ii) This section applies to trusts created either before or after
the commencement of this Enactment.
17. (i) An executor or administrator may pay or allow any debt power of
or claim on any evidence that he thinks sufficient. anaTrustees to
(ii) An executor or administrator or two or more trustees acting-
together or a sole acting trustee where by the instrument, if any,
creatmg the trust a sole trustee is authorized to execute the trusts
and powers thereof may, if and as he or they may think fit, accept
Tii — 47
compound, etc.
738
No. 19 OF 1920.
Powers of two
or more
trustees.
Exoneration of
trustee in
respect of
certain powers
of attorney.
Implied
indemnity of
trustees.
Liability of
executor or
administrator
in respect of
Iea3(>3.
any composition or any security for any debt or for any property,
movable or immovable, claimed and may aUow any time for
payment of any debt and may compromise, compound, abandon,
submit to arbitration, or otherw'ise settle anv debt, account, claim,
or thing whatever relating to the testator's or intestate's estate or
to the trust and for any of those purposes may enter into, give,
execute, and do such agreements, instruments of composition or
arrangement, releases, and other things as to him or them seem
expedient -CTdthout being responsible for any loss occasioned by any
act or thing so done by liim or them in good faith.
(iii) This section applies only if and as far as a contrary intention
is not expressed in the instrument, if any, creating the trust and
shall have effect subject to the terms of that instrument and to
the provisions therein contained.
(iv) Tills section apphes to executorships, administratorships, and
trusts constituted or created either before or after the commence-
ment of this Enactment.
18. (i) Where a power or trust is given to or vested in two or
more trustees jointly, then, unless the contrary is expressed in the
instrument, if any, creating the power or trust, the same may be
exercised or performed by the survivor or survivors of them for the
time being.
(ii) This section applies only to trusts constituted after or created
by instrument coming into operation after the commencement of
this Enactment.
19. A trustee acting or paying money in good faith under or in
pursuance of any power of attorney shall not be Hable for any such
act or payment by reason of the fact that at the time of the
payment or act the person who gave the power of attorney was
dead or had done some act to avoid the power, if this fact was
not known to the trustee at the time of his so acting or paying ;
Provided that nothing in this section shall affect the right of any
person entitled to the money against the person to whom the
payment is made and that the person so entitled shall have the
same remedy against the person to whom the payment is made as
he would have had against the trustee,
20. A trustee shall, without prejudice to the provisions of the
instrument, if any, creating the trust, be chargeable only for money
and securities actually received by liim, notwithstanding his signing
any receipt for the sake of conformity, and shall be answerable and
accountable only for his own acts, receipts, neglects, or defaults and
not for those of any other trustee nor for any banker, broker, or
other person with whom any trust moneys or securities may be
deposited nor for the insufficiency or deficiency of any securities
nor for any other loss, unless the same happens through his own
wilful default, and may reimburse himself or jiay or discharge out
of the trust premises all expenses incurred in or about the execution
of his trusts or powers.
21. (i) Where an executor or administrator liable, as such to the
rents, covenants, or agreements contained in any lease or agreement
for a lease granted or assigned, whether before or after the com-
mencement of this Enactment, to the testator or intestate whose
TRUSTEE. 739
estate is being adrainistered has satisfied all such Uabilities under
the said lease or agreement for a lease as may have accrued due
and been claimed up to the time of the assignment hereinafter
mentioned and has set apart a sufficient fund to answer any future
claim that may be made in respect of any fixed and ascertained
sum covenanted or agreed by the lessee to be laid out on the
property demised or agreed to be demised, although the period for
laying out the same may not have arrived, and has assigned the
lease or agreement for a lease to a purchaser thereof, he shall be
at liberty to distribute the residuary estate of the deceased to and
amongst the parties entitled thereto respectively without appro-
priating any part or any further part (as the case maj' be) of the
estate of the deceased to meet any future liability under the said
lease or agreement for a lease.
(ii) The executor or administrator so distributing the residuary
estate shall not, after having assigned the said lease or agreement
for a lease and having where necessary set apart such sufficient
fund as aforesaid, be personally liable in respect of any subsequent
claim under the said lease or agreement for a lease.
(iii) Nothing herein contained shall prejudice the right of the
lessor or those claiming under him to follow the assets of the
deceased into the hands of the person or persons to or amongst
whom the said assets may have been distributed.
(iv) This section appHes to executorships and administratorships
constituted either before or after the commencement of this
Enactment.
22. (i) Where an executor or administrator has given such or Distribution of
the like notices as would be given by the Court in an administration t||t®ator^r
suit for creditors and others to send in to the executor or adminis- intestate after
trator their claims against the estate of the testator or intestate,
such executor or administrator shall, at the expiration of the time
named in the said notices or the last of the said notices for sendmg
in such claims, be at hberty to distribute the assets of the testator
or intestate or any part thereof amongst the parties entitled thereto,
having regard to the claims of which such executor or administrator
has then notice, and shall not be liable for the assets or any part
thereof so distributed to any person of whose claim such executor
or administrator has not had notice at the time of distribution of
the said assets or a part thereof, as the case may be.
(ii) Nothing herein contained shall prejudice the right of any
creditor or claimant to follow the assets or any part thereof into
the hands of the person or persons who may have received the
same respectively.
(iii) This section applies to executorships and administratorships
constituted either before or after the commencement of this
Enactment.
740
No. 19 OF 1920.
PART III,
POWERS OF THE COURT.
Appointment of New Trustees and Vesting Orders.
Power of the 23. (i) The Supreme Court may, whenever it is exjjedient to
n'^w'^trii°tee!i°'' '^ appoint a new trustee or new trustees and it is found inexpedient,
difficult, or impracticable so to do without the assistance of the
Court, make an order for the aj^j^ointment of a new trustee or new
trustees either in substitution for or in addition to any existing
trustee or trustees or although there is no existing trustee. In
particular and without prejudice to the generality of the foregoing
provision, the Court may, if it thinks fit, make an order for the
appointment of a new trustee in substitution for a trustee who is
sentenced to a term of imprisonment or is declared to be an insolvent
or is a bankrupt or is a lunatic or of unsound mind.
(ii) An order under this section and any consequential vesting
order or conveyance shaU not operate further or otherwise as a
discharge to any former or contiiming trustee than an appointment
of new trustees under any power for that purpose contained in
any instrument would have operated.
(iii) Nothing in this section shall give power to appoint an
executor or administrator.
Vesting orders
as to laud.
24. In any of the following cases, namely —
(1) Where the Supreme Court appoints or has appointed a new
trustee ; and
(2) Where a trustee entitled to or possessed of any land, or
entitled to a contingent right therein, either solely or
jointly with any other person —
(a) is a minor, or
(&) is a lunatic or person of unsound mind, or
(c) is out of the jurisdiction of the Supreme Court, or
{(l) cannot be found ; and
(3) Where it is uncertain who was the survivor of two or more
trustees jointly entitled to or possessed of any land ; and
(4) Where as to the last trustee known to have been entitled
to or possessed of any land it is uncertaui whether he is
living or dead ; and
(5) Where there is no personal representative of a trustee who
was entitled to or possessed of land and lias died intestate
as to that land, or where it is uncertam who is the jxn-sonal
representative or dcivisee of a trustee who was entitled to
or possessed of land and is dead ; and
(6) Where a trustee jointly or solely entitled to or possessed of
any land or entitled to a contingent right therein has
been required, by or on behalf of a person entitled to
require a conveyance of the land or a release of the right,
to convey the land or to release the right and has wilfully
refused or neglected to convey the land or release the
right for twenty-eight days after the date of the require-
ment ;
TRUSTEE. 741
the Supreme Court may make an order (iii this Enactment called
a vesting order) vesting the land in any such person in any such
mamier and for any such interest as the Court may direct or
releasing or disposing of the contingent right to such person as the
Court may direct.
Provided that —
{a) Where the order is consequential on the appointment of a
new trustee, the land shall be vested for such interest
as the Court may direct in the persons who on the appoint-
ment are the trustees ; and
(h) Where the order relates to a trustee entitled jointly with
another person and such trustee is out of the jurisdiction
of the Supreme Court or cannot be found, the land or
right shall be vested in such other person either alone or
wdth some other person.
25. Where any land is subject to a contingent right in an miborn orders as to
person or class of unborn persons who on coming into existence ^ilil^tsor*^
would in respect thereof become entitled to or possessed of the ""'^of" persona.
land on any trust, the Supreme Court may make an order releasmg
the land from the contingent right or may make an order vesting
in any person the estate to or of which the unborn person or class
of unborn persons would on coming into existence be entitled or
possessed in the land.
26. Where any Court gives a judgment or makes an order vesting order
directmg the sale of any land, every person who is entitled to or oa'Tiid^?ment f or
possessed of the land or entitled to a contingent right therein and ^^'"^ °^ '^'^'^•
is a party to the action or proceeding in which the judgment or
order is given or made or is otherwise bound by the judgment or
order shall be deemed to be so entitled or possessed, as the case
may be, as a trustee mthin the meaning of this Enactment ; and
the Supreme Court may, if it thinks expedient, make an order
vesting the land or any part thereof for such mterest as that Court
thinks fit in the purchaser or in any other person.
27. Where a judgment is given for the specific performance of vesting order
a contract concerning any land or for the partition, or sale in lieu ou'tudgment
of partition, or exchange of any land, or generally where any for specific
i-" ' . £ ,? "^ j; 1 1 J.1 o performance,
judgment is given tor the conveyance oi any land, the Supreme etc.
Court may declare that any of the parties to the action are trustees
of the land or any part thereof within the meaning of this Enact-
ment or may declare that the interests of unborn persons who
might claim under any party to the action or under the will or
settlement, made otherwise than for valuable consideration, of any
person deceased who was during his lifetime a party to the contract
or transactions concerning which the judgment is given are the
interests of persons Avho, on coming mto existence, would be trustees
witliin the meamng of this Enactment, and thereupon the Supreme
Court may make a vestmg order relating to the rights of those
persons, born and unborn, as if they had been trustees.
28. Subject to due comphance with the requirements of the laws Effect of vesting
relating to registration of interests in land, a vesting order under
any of the foregoing provisions shall in the case of a vesting order
742
No. 19 OF 1920.
Power to
appoint person
to convey.
Vesting orders
as to stock and
things in action.
consequential on the appointment of a new trustee have the same
effect as if the persons who before the appointment were the trustees
(if any) had duly executed all proper conveyances of the land for
such interest as the Supreme Court directs or if there is no such
person or no such person of full capacity then as if such person had
existed and been of full capacity and had duly executed all proper
conveyances of the land for such interest as the Court directs and
shall in every other case have the same effect as if the trustee or
other person or description or class of persons to w^hose rights or
supposed rights the said provisions respectively relate had been an
ascertained and existing person of full capacity and had executed
a conveyance or release to the effect intended by the order.
29. In all cases where a vesting order can be made under any
of the foregoing provisions the Supreme Court may, if it is more
convenient, appoint a person to convey the land or release the
contingent right, and a conveyance or release by that person in
conformity with the order shall, subject to due compliance with
the requirements of the laws relating to registration of interests
in land, have the same effect as an order under the appropriate
provision.
30. (i) In any of the following cases, namely —
(1) Where the Supreme Court appoints or has appointed a new
trustee ; or
(2) Where a trustee entitled alone or jointly with another
person to stock or to a thing in action — -
(a) is a minor, or
(b) is a lunatic or of unsound mind, or
(c) is out of the jurisdiction of the Supreme Court, or
(d) cannot be found, or
(e) neglects or refuses to transfer stock or receive the
dividends or mcome thereof, or to sue for or
recover a thing in action, according to the
direction of the person absolutely entitled thereto
for twenty-eight days next after a request in
writing has been made to him by the person so
entitled, or
(/) neglects or refuses to transfer stock or receive the
dividends or income thereof, or to sue for or
recover a thing in action, for twenty-eight days
next after an order of the Supreme Court for that
purpose has been served on him ; or
(3) Where it is uncertain whether a trustee entitled alone or
jointly with another person to stock or to a thing in
action is aUve or dead,
the Supreme Court may make an order vesting the right to transfer
or call for a transfer of stock or to receive the dividends or mcome
thereof or to sue for or recover a thing in action in any such person
as the Court may appoint ;
Provided that —
(a) Where the order is consequential on the appointment by
the Court of a new trustee, the right shall be vested in
the persons who on tlic ai)pomtment are the trustees ; and
TRUSTEE. 743
(6) Where the person whose right is dealt with by the order
was entitled jomtly with another person, the right shall
be vested in that last-mentioned person either alone or
jointly with any other person whom the Court may
appoint.
(ii) In all cases where a vesting order can be made under this
section the Court may, if it is more convenient, appoint some
proper person to make or join in making the transfer.
(iii) The person in whom the right to transfer or call for the
transfer of any stock is vested by an order of the Court under this
Enactment may transfer the stock to himself or any other person
according to the order, and all corporations, associations, and
companies shall obey every order under this section according to
its tenor.
(iv) After notice in Amting of an order under this section it shall
not be lawful for any corporation, association, or company to
transfer any stock to which the order relates or to pay any dividends
thereon except in accordance with the order.
(v) The Supreme Court may make declarations and give directions
concerning the manner in which the right to any stock or thing in
action vested under the provisions of this Enactment is to be
exercised.
(vi) The provisions of this Enactment as to vesting orders shall
apply to shares in ships registered under any Enactment relating
to merchant shipping as if they were stock.
31. (i) An order under this Enactment for the appomtment of a Persons entitled
new trustee or concernmg any land, stock, or thing in action subject ordMs.'^ ^°^
to a trust may be made on the application of any person beneficially
interested in the land, stock, or thmg in action, whether under
disability or not, or on the application of any person duly appointed
trustee thereof.
(ii) An order under this Enactment concerning any land, stock, or
thing in action subject to a charge may be made on the application
of any person beneficially interested in the property charged, whether
under disability or not, or of any person interested in the money
secured by the charge.
32. Every trustee appointed by a Court of competent jurisdiction Powers of new
shall, as well before as after the trust property becomes by law or ^"^"^o^nted
b}'- assurance or otherwise vested in him, have the same powers, by court.
authorities, and discretions and may in all respects act as if he had
been originally appointed a trustee by the instrument, if any,
creating the trust.
33. The Supreme Court may order the costs and expenses of and power to charge
incident to any apphcation for an order appointing a new trustee
or for a vesting order, or of and incident to any such order or any
conveyance or transfer in pursuance thereof, to be paid or raised
out of the land or movable property in respect whereof the same
is made or out of the income thereof or to be borne and paid in
such manner and by such persons as to the Court may seem just.
34. The powers conferred by this Enactment as to vesting orders Trustees of
may be exercised for vesting any land, stock, or thing in action in ""
costs on trust
estate.
charities.
744
No. 19 OF 1920.
Orders made
upon certain
allegations to
be conclusive
evidence.
any trustee of a charity or society over which the Supreme Court
would have jurisdiction upon action duly instituted, whether the
appomtment of the trustee was made by instrument under a power
or by the Supreme Court under its gener?J or statutory jurisdiction.
35. Where a vesting order is made as to any land under this
Enactment founded on an allegation of the personal incapacity of a
trustee or on an allegation that a trustee is out of the jurisdiction
of the Supreme Court or cannot be found or that it is micertain
which of several trustees was the survivor or whether the last
trustee is living or dead or on an allegation that any trustee has
died intestate or has died and it is not knowTi who is the personal
representative or devisee, the fact that the order has been so made
shall be conclusive evidence of the matter so alleged in any Court
upon any question as to the validity of the order ; but this section
shall not prevent the Supreme Court from directing a reconveyance
or the payment of costs occasioned by any such order if improperly
obtained.
payment into
Cjurt by
trustees.
Payment into Court by Trustees.
36. (i) Trustees, or the majority of trustees, having in their hands
or under their control money or securities belonging to a trust may
pay the same into the Supreme Court ; and the same shall, subject
to the provisions of the Civil Procedure Code and to rules of Court,
be dealt with according to the orders of the Supreme Court.
(ii) The receijjt or certificate of the proper officer shall be a
sufficient discharge to trustees for the money or securities so paid
into Court.
(iii) Where any moneys or securities are vested in any persons as
trustees and the majority are desirous of paying the same into
Court but the concurrence of the other or others camiot be obtained,
the Supreme Court may order the payment into Court to be made
by the majority without the concurrence of the other or others ;
and where any such moneys or securities are deposited with any
banker, broker, or other depositary, the Court may order payment
or deUvery of the moneys or securities to the majority of the
trustees for the purpose of payment into Court, and every transfer,
payment, and dehvery made in pursuance of any such order shall
be vaUd and take effect as if the same had been made on the
authority or by the act of all the persons entitled to the moneys
and securities so transferred, paid, or dehvered.
I'ower to give
judgment in
absence of a
trustee.
MiCELLANEOUS.
37. Where in any action the Supreme Court is satisfied that
diligent search has been made for any person who, in the character
of trustee, is made a defendant in any action to serve him with a
process of the Court and that he cannot be found, the Court may
hear and determine the action and give judgment therein against
that person in his character of a trustee as if he had been duly
served and harl also appeared by his advocate and solicitor at the
hearing but without ])rcjudice to any interest which he may liave
in the matters in question in the action in any other character-
TRUSTEE. 745
38. (i) Where a trustee commits a breach of trust at the insti- Power to make
gation or request or with the consent in writing of a beneficiary, iudemniiy for
the Supreme Court may, if it thinks fit, make such order as to the broach of trust.
Court seems just for impounding all or any part of the interest of
the beneficiary in the trust by way of indemnity to the trustee or
person claiming through him.
(ii) This section shall apply to breaches of trust committed as
well before as after the commencement of this Enactment but shall
not apply so as to prejudice any question in an action or other
proceeding which is pending at the commencement of this Enact-
ment.
39. This Enactment and every order purporting to be made under luaemnity.
this Enactment shall be a complete indemnity to all persons for
any acts done pursuant thereto ; and it shall not be necessary for
such persons to enquire concerning the propriety of the order or
whether the Court by which it was made had jurisdiction to make
the same.
40. (i) Any trustee may, without the institution of a suit, apply Application to
by petition to the Supreme Court for the opinion, advice, or direction ad^^ce, etc
of such Court on any question respecting the execution of the trust
or the management or administration of the trust property.
(ii) Summons to attend the hearing of such application shall
be served upon, or the hearing thereof shall be attended by, aU
persons interested in such application or such of them as the
Court thinks expedient.
(iii) The trustee acting upon the opmion, advice, or direction
given by the Court shall be deemed, so far as regards his own
responsibility, to have discharged his duty as such trustee in the
subject-matter of the said application unless he has been guilty of
fraud or wilful concealment or misrepresentation in connection with
the obtaining of such opmion, advice, or direction.
(iv) This section apphes to trusts created either before or after
the commencement of this Enactment.
ENACTMENT NO. 20 OF 1920.*
An Enactment to provide for the appointment of a Public
Trustee.
L. N. GUILLEMARD,
President of the Federal Council.
[30th October, 1920.]
Short title and
comnience-
ment.
Interpretation.
OfFirc <rf public
trustee.
Corporation
8olc.
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as '' The Public Trustee Enact-
ment, 1920," and shall come into force on such day as shall be
appointed by the Chief Secretary to Government by notification in
the Gazette.
2, In this Enactment, unless there is something repugnant in the
subject or context —
" Letters of administration " means letters of administration of
the estate and effects of a deceased person, whether general or with
a will annexed, or Umited either in time or otherwise ;
"Trust" includes an executorship or administratorship; and
" trustee " shall be construed accordnigly ; and " trust property "
includes all property in the possession or under the control, wholly
or partly, of the public trustee by virtue of any trust ;
" Private trustee " means a trustee other than the public trustee ;
'■ Expenses " includes costs and charges ;
" The Court " means the Supreme Court ;
Other expressions have the same meaning as in " The Trustee
Enactment, 1920."
ESTABLISHMENT OF PUBLIC TRUSTEE.
3. (i) There shall be established the office of public trustee.
(ii) The public trustee shall be a corporation sole under that
name, with perpetual succession and an official seal, and may sue
and be sued under the above name like any other corporation sole.
Qenpral powers
and duties of
public trustee.
POWERS AND DUTIES OF PUBLIC TRUSTEE.
4. (i) Subject to and in accordance with the provisions of this
Enactment and rules made thereunder, the pubhc trustee may
(a) act in the administration of estates of small value ;
(h) act as an ordinary trustee ;
(c) bo appointed trustee by the Court.
* As this volume goes to press it is notified tliat this Enactment will come
into force on Ist May, 1921.
746
PUBLIC TRUSTEE. 747
(ii) Subject to the provisions of this Enactment and to the rules Powers,
made thereunder, the pubHc trustee may act either alone or jointly
vnth any person or body of persons in any capacity to which he
may be appointed in pursuance of this Enactment and shall have
all the same powers, duties, and Uabilities, and be entitled to the
same rights and immunities and be subject to the control and orders
of the Court, as a private trustee acting in the same capacity.
(iii) The pubUc trustee may decline, either absolutely or except Refusal of
on the prescribed conditions, to accept any trust, but he shall not *'^"^'^*
decline to accept any trust on the ground only of the small value
of the trust property.
(iv) The public trustee shall not accept any trust which involves No husinpss
the management or carrying on of any business, except in the cases creditore,'^ not
in which he may be authorized to do so by rules made under this °sta'te°^^^°''
Enactment, nor any trust under a deed of arrangement for the
benefit of creditors, nor the administration of any estate known or
believed by him to be insolvent.
(v) The pubHc trustee shall not accept any trust exclusively for no charitable
religious or charitable purposes. *''"^*'
IN THE ADMINISTRATION OF SMALL ESTATES.
5. (i) Any person who in the opinion of the public trustee would "^f ™jj,fif ggt^tes
be entitled to apply to the Court for an order for the administration
by the Court of an estate, the gross capital value whereof is proved
to the satisfaction of the public trustee to be less than five thousand
dollars, may apply to the public trustee to administer the estate,
and where any such appUcation is made and it appears to the
public trustee that the persons beneficially entitled are persons of
small means, the pubhc trustee shall administer the estate, unless
he sees good reason for refusing to do so.
(ii) On the public trustee undertaking, by declaration in Avriting y^stiiig of trust
signed and sealed by him, to administer the estate, the trust ^"^°^^ ^'
property other than stock shall, by virtue of tliis Enactment and
notwithstanding anything in the Official Administrators Enact-
ments, 1905, contained, vest in him, and the right to transfer or
call for the transfer of any stock forming part of the estate shall
also vest in him, in like manner as if vesting orders had been made
for the purpose by the Court under " The Trustee Enactment,
1920," and that Enactment shall apply accordingly. As from such
vesting any trustee entitled under the trust to admmister the estate
shall be discharged from all liabihty attaching to the administration,
except in respect of past acts ;
Provided that
(a) the operation of this sub-section in respect of land shall be
subject to due compliance with the requirements of the
laws relating to registration of interests in land and that
for the purposes of such laws the said declaration shall
have the same effect as an order of the Court ; and
(6) the public trustee shall not exercise the right of himself
transferring the stock without the leave of the Court.
748
No. 20 OF 1920.
Administrative
powers.
Rules.
Estate ordered
by Court to be
administered by
public trustee.
(iii) For the purposes of the admmistrcation the public trustee
may exercise such of the administrative powers and authorities of
the Court as may be conferred on him by rules under this Enact-
ment, subject to such conditions as may be imposed by rules.
(iv) Rules shall be made under this Enactment for enabling the
public trustee to take the opinion of the Court on any question
arising in the course of any administration mthout judicial pro-
ceedings, and otherA^dse for making the procedure under this
section simple and inexpensive.
(v) Where proceedings have been instituted in any Court for the
administration of an estate and by reason of the small value of the
estate it appears to the Court that the estate can be more economic-
ally administered by the public trustee than by the Court or that
for any other reason it is expedient that the estate should be
administered by the public trustee instead of the Court, the Court
may order that the estate shall be administered by the public
trustee, and thereupon (subject to any directions by the Court) this
section shall apply as if the administration of the estate had been
undertaken by the public trustee in pursuance of this section.
Appointment of
public trustee
to be trustee,
executor, etc.
Uetirement of
CO -trustee.
Contrary pro-
visions in trust
instrument.
Notice to
beneficiaries.
AS AN ORDINARY TRUSTEE.
6. (i) The public trustee may by that name, or any other sufficient
description, be appointed to be trustee of any will or settlement or
other instrument creating a trust or to perform any trust or duty
belonging to a class which he is authorized by rules made imder this
Enactment to accept, and may be so appointed Avhether the Avill or
settlement or instrument creating the trust or duty was made or
came mto operation before or after the commencement of this
Enactment, and either as an original or as a new trustee, or as an
additional trustee, in the same cases and in the same manner and
by the same persons or Court as if he were a private trustee, with
this addition, that, though the trustees originally appointed were
two or more, the public trustee may be appointed sole trustee.
(ii) Where the public trustee has been appointed a trustee of
any trust, a co-trustee may retire from the trust under and in
accordance with Section 9 of " The Trustee Enactment, 1920,"
notwithstanding that there are not more than two trustees, and
without such consents as are required by that section.
(iii) The public trustee sha,ll not be so appointed either as a new
or additional trustee where the will, settlement, or other instrument
creating the trust or duty contains a direction to the contrary,
unless the Court otherwise orders.
(iv) Notice of any proposed appointment of the public trustee
either as a new or additional trustee shall, where practicable, be
given in the prescribed manner to all persons beneficially interested
who arc resident in tiie Federated Malay States and whose addresses
are known to the persons proposing to make the appointment, or,
if such beneficiaries are minors, to their guardians.
(v) If any person to whom such notice has been given within
twenty-one days from the receipt of the notice applies to the Court,
the Court may, if having regard to the interests of all the beneficiaries
PUBLIC TRUSTEE. 749
it considers it expedient to do so, make an order prohibiting the
appointment being made ; provided that a failure to give any such
notice shall not invalidate any appomtment made under this section.
7. (i) If, in pursuance of any rule under this Enactment, the Granting pio-
pubhc trustee is authorized to accept by that name probates of tmstee ^"'^"'^
wills or letters of administration, the Court may grant such probate
or letters to the public trustee by that name.
(ii) For such purpose the Court shall consider the public trustee
as in law entitled equally with any other person or class of persons
to obtain the grant of letters of administration, save that the
consent or citation of the public trustee shall not be required for
the grant of letters of administration to any other person and that,
as between the public trustee and the widower, widow, or next-of-
Idn of the deceased, the A\-idower, mdow, or next-of-kin shall be
preferred, unless for good cause shewn to the contrary,
(iii) Any executor who has obtained probate or any adminis- Transfer by
trator who has obtained letters of administration, and notwith- probate^o"^"^
standing he has acted in the administration of the deceased's v^i'^o trustee.
estate, may, with the sanction of the Court and after such notice
to the persons beneficially interested as the Court may direct,
transfer such estate to the public trustee for administration either
solely or jointly wdth the continuing executors or administrator, if
any.
(iv) The order of the Court sanctioning such transfer shall,
subject to the provisions of this Enactment, give to the public
trustee all the powers of such executor and administrator.
(v) Such executor and administrator shall not be in any way
liable in respect of any act or default in reference to such estate
subsequent to the date of such order, other than the act or default
of himself or of persons other than himseK for whose conduct he
is in law responsible.
8. The Court may, on the application of any person beneficially Appointment
interested, appoint the public trustee, if sufficient cause is shewn, pub^fc"tru°tee
in place of all or any existing executors or administrators. i>i p'ace of
executor or
administrator.
LIABILITY; OFFICERS AND OFFICES; FEES.
9. The revenues of the Federated Malay States shall be liable Liability of
to make good all sums required to discharge any liability which the p*^'^"" revenue.
public trustee, if he were a private trustee, would be personally
liable to discharge, except where the liability is one to which
neither the pubHc trustee nor any of his officers has in any way
contributed and which neither he nor any of his officers could by
the exercise of reasonable dihgence have averted, and in that case
the pubhc trustee shall not, nor shall the revenues of the Federated
Malay States, be subject to any Uabihty.
10. (i) The Chief Secretary to Government shall appoint a fit chief Secretary
person to the office of public trustee, w^ho shall hold office during puMc Trustee
pleasure and receive such salary or fees, and be appointed on such
terms, as the Chief Secretary to Government determmes.
(ii) The Chief Secretary to Government shaU appoint such
persons to be officers of the public trustee as he considers necessary
750
No. 20 OF 1920.
Fees charged by
public trustee.
for the purposes of this Enactment, and those officers shall hold
office upon such terms, and be remunerated at such rates and in
such manner, as the Chief Secretary to Government sanctions.
(iii) The public trustee and every officer of the public trustee is
hereby declared to be a public servant within the meaning of the
Penal Code.
(iv) The salary or remuneration of the public trustee and his
officers and such other expenses of executing his office or otherwise
carrying this Enactment into effect as may be sanctioned by the
Chief Secretary to Government shall be paid out of the Treasury.
11. (i) There shall be charged in respect of the duties of the
public trustee such fees, whether by way of percentage or otherwise,
as the Chief Secretary to Government prescribes.
(ii) Any expenses which might be retained or paid out of the
trust property if the public trustee were a private trustee shall be
so retained or paid, and the fees shall be retained or paid in the
like manner as and in addition to such expenses.
(iii) Such fees shall be paid into the Treasury.
(iv)" The fees under this section shall be arranged from time to
time so as to produce an annual amount sufficient to discharge the
salaries and other expenses incidental to the working of this Enact-
ment, including such sum as the Chief Secretary to Government
determines to be required to insure the revenues of the Federated
Malay States against loss under this Enactment.
(v) The incidence of the fees and expenses under this section as
between capital and income shall be determined by the public
trustee.
Appeal to Court
from public
trustee.
Mode of action
of public
trustee.
Employment of
solicitors,
bankers,
accountants,
and brokers.
SUPPLEMENTAL PROVISIONS AS TO PUBLIC TRUSTEE.
12. A person aggrieved by any act or omission or decision of the
public trustee in relation to any trust may apply to the Court, and
the Court may make such order in the matter as the Court thinks
just.
13. (i) The public trustee shall not, nor shall any of his officers,
act under this Enactment for reward, except as provided by this
Enactment.
(ii) The public trustee may, subject to the rules made under this
Enactment, emjjloy for the purposes of any trust such solicitors,
bankers, accountants, and brokers or other persons as he considers
necessary,
(iii) In determining the persons to be so employed in relation to
any trust the public trustee shall have regard to the interests of the
trust, but subject to this shall, whenever practicable, take mto
consideration the wishes of the creator of the trust and of the
other trustees (if any) and of the beneficiaries, either expressed or
as implied by the practice of the creator of the trust or in the
previous management of the trust.
(iv) On behalf of the public trustee such person as may be
prescribed may take any oath, make any declaration, verify any
account, give personal attendance at any Court or place and do
PUBLIC TRUSTEE. 751
any act or thing whatsoever which the pubhc trustee is required
or authorized to take, make, verify, give, or do.
(v) Where any bond or security would be required froni a
private person upon the grant to him of administration or upon his
appointment to act in any capacity, the public trustee, if adminis-
tration is granted to him or if he is appointed to act in such capacity
as aforesaid, shall not be required to give such bond or security
but shall be subject to the same liabilities and duties as if he had
given such bond or security.
(vi) The entry of the public trustee by that name in the books
of a company shall not constitute notice of a trust, and a company
shall not be entitled to object to enter the name of the public
trustee on its books by reason only that the public trustee is a
corporation, and, in dealings with property, the fact that the
person or one of the persons dealt with is the public trustee shall
not of itself constitute notice of a trust.
INVESTIGATION AND AUDIT OF TRUST ACCOUNTS.
14. (i) Subject to rules under this Enactment and unless the investigation
Court otherwise orders, the condition and accounts of any trust tmst accounts.
shall, on an application being made and notice thereof given in the
prescribed manner by any trustee or beneficiary, be investigated
and audited by such solicitor or public accountant as may be
agreed on by the applicant and the trustees or, in default of
agreement, by the public trustee or some person appointed by liim.
(ii) Except with the leave of the Court such an investigation or
audit shall not be required within twelve months after any such
previous investigation or audit, and a trustee or beneficiary shall not
be appointed under this section to make an investigation or audit.
(iii) The person making the investigation or audit (hereinafter Access oe
called the auditor) shall have a right of access to the books, accounts, books?'^ ^°
and vouchers of the trustees and to any securities and documents
of title held by them on account of the trust, and may require
from them such information and explanation as may be necessary
for the performance of his duties.
(iv) Upon the completion of the investigation and audit such
person shall forward to the applicant and to every trustee a copy of
the accounts, together with a report thereon, and a certificate signed
by him to the effect that the accounts exhibit a true view of the
state of the affairs of the trust and that he has had the securities
of the trust fund investments produced to and verified by him or
(as the case may be) that such accounts are deficient in such
respects as may be specified in such certificate.
(v) Every beneficiary imder the trust shall, subject to rules under inspection by
this Enactment, be entitled at all reasonable times to inspect and '^^^S'^'^^^s-
take copies of the accounts, report, and certificate and, at his own
expense, to be furnished with copies thereof or extracts therefrom.
(vi) The auditor may be removed by order of the Court, and, if Removal of
any auditor is removed or resigns or dies or becomes bankrupt or ^"'^''^o'''
incapable of acting before the investigation and audit is completed,
752
No. 20 OF 1920.
Kemuneration
and cxpeiiSfs of
auditor.
Rules by Chief
Secretary,
a new auditor may be appointed in his place in like manner as the
origmal auditor.
(vii) The remuneration of the auditor and the other expenses of
the investigation and audit shall be such as may be prescribed by
rules under this Enactment and shall, unless the public trustee
otherwise directs, be borne by the estate.
(viii) In the event of the public trustee so directing, he may order
that such expenses be borne by the applicant or by the trustees
personally or partly by them and partly by the applicant.
(ix) If any person having the custody of any documents to which
the auditor has a right of access under this section fails or refuses
to allow him to have access thereto or in anywise obstructs the
investigation or audit, the auditor may apply to the Court, and
thereupon the Court shall make such order as it thinks fit.
(x) Any person who in any statement of accounts, report, or
certificate required for the purj)oses of this section wilfully makes
a statement false in any material particular shall be liable to
imprisonment of either description for a term not exceeding two
years or to a fine or to both.
RULES.
15. (i) The Chief Secretary to Government shall make rules for
carrying into effect the objects of this Enactment and in particular
for all or any of the following purposes :
(a) Establishing the office of pubHc trustee and prescribing the
trusts or duties which he is authorized to accept or
undertake and the security, if any, to be given by the
public trustee and his officers ;
(&) The transfer to and from the public trustee of any property ;
(c) The accounts to be kept and an audit thereof ;
(d) The establishment and regulation of any branch office ;
(e) Excluding any trusts from the operation of this Enactment
or any part thereof ;
(/) The form and manner in which notices under this Enact-
ment shall be given,
(ii) Any rules made by the Chief Secretary to Government under
this section shall be published in the Gazette and sliall, subject to
the provisions of sub-sections (iii) and (iv), have the same force and
effect as if enacted in this Enactment.
(iii) Such rules shall be laid before the Federal Council at its
next meeting after the making of the rules and shall not after such
mcc^ting remain in force unless approved by a resolution of the
said Council.
(iv) In approving any rules the Federal Council may make such
alterations therein as it may tliiiik fit. Such approval and altera-
tions (if any) shall be published in tlie dtazeUe, and the rules shall
thereafter have effect subject to such alterations (if any).
ENACTMENT NO. 22 OF 1920.
An Enactment to consolidate and amend tlie law relating
to the Police Force.
L. N. GuiLLEMARD, [30th October, 1920.
President of the Federal Council. 9th November, 1920.]
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 Force short tuie and
Enactment, 1920," and shall come into force upon the pubHcation n?^™^""^"
thereof in the Gazette.
(ii) Upon the coming into force of this Enactment the Enact- Eepeai and
ments specified in the schedule hereto shall be repealed ; provided |^™f P'**^^'
that all appomtments, rules, and regulations made and all pensions
granted rmder any Enactment hereby repealed which were in force
or had authority immediately prior to the commencement of this
Enactment shall, so far as they are not inconsistent with the
provisions of this Enactment, be deemed to have been made and
granted under this Enactment,
2. In this Enactment unless there is something repugnant in the interpretation.
subject or context —
" British Malaya " means the Federated Malay States and the
States of Johore, Kedah, Perhs, Kelantan, and Trengganu.
" Chief Secretary '" means the Chief Secretary to the Government
of the Federated Malay States.
" Commissioner " means the Commissioner of Police for the
Federated Malay States.
" Gazetted Police Officer " includes officers of all grades from the
Commissioner down to and including Probationary Assistant
Commissioner.
" Superior Police Officer " means Inspector of Police of whatever
class other than Sub-Inspector.
" Subordinate Police Officer " includes members of the Police
Force of all grades from Sub-Inspector and Subadar down to and
including lance-corporal.
" Police Constable " or " Constable " means a person below the
rank of lance-corporal employed for poHce duties, but does not
include an extra or additional constable, or a person appointed
under Section 26.
" Member of the Police Force " includes all persons employed for
poHce duties mider this Enactment other than extra constables,
additional constables, and persons appointed under Section 26.
TTT— 48 V53
754
No. 22 OF 1920.
Adminis-
tration of Police
Force by
Commissioner.
Commissioner
may exercise
powers of Chief
Police Officer.
Powers and
duties to be
exercised
subject to this
Enactment.
Liability of
members of the
Police Force for
service through-
out the Malay
Peninsula.
" Peace Officer " includes all persons employed for police duties
under this Enactment.
" Extra Constable " means a person employed temporarily under
Section 22, and not enrolled on the permanent establishment.
" Additional Constable " means a person employed temporarily
under Section 23, and not enrolled on the permanent establishment.
3. The supermtendence and administration of the Police Force
shaU be in the hands of the Commissioner subject to the orders
and control of the Chief Secretary.
4. The Commissioner, when present in any State, may exercise
therein any of the powers vested by law in the Chief Police Officer.
5. All powers vested in and duties imposed on any peace officer
by any law in force in the Federated Malay States or any part
thereof shall, as to the manner in which the same are to be exercised
and performed, be subject to this Enactment and to the Police
Regulations and Orders.
6. All members of the Police Force, except in such cases as may
be otherwise approved by the Chief Secretary, shall be bound to
serve in any place m British Malaya or on board any vessel pro-
ceeding to any place within British Malaya or the Colony as the
Commissioner may wth the approval of the Chief Secretary require,
and shall also be bound to proceed to and serve in the Colony in
accordance with the provisions of the Police Assistance and Criminal
Jurisdiction Enactment, 1913.
Constitution of
Police Force.
Appointment of
gazetted police
officers.
Appointment of
superior and
subordinate
police officers.
Appointment of
constables.
Appeal to Chief
Secretary
against dis-
missal.
Interdiction.
CONSTITUTION OF POLICE FORCE.
7. The PoUce Force of the Federated Malay States shaU consist
of such number of gazetted, superior, and subordinate police officers
and constables as may be sanctioned from time to time by the
Chief Secretary.
8. Gazetted police officers shall be appointed and may be
interdicted and dismissed in terms of the rules at the time existing
with regard to civil officers of corresponding rank.
9. (i) Superior police officers shall be appointed and promoted
by the Commissioner with the approval of the Chief Secretary and
may be dismissed in terms of the rules at the time existing with
regard to civil officers of corresponding rank.
(ii) Subordinate police officers shall be appointed and promoted
and may be dismissed by the Commissioner.
10. Police constables shall be appointed and promoted by the
Commissioner or by the Chief Police Officer with the approval of
the Commissioner and may be dismissed by the Commissioner.
11. Any subordinate police officer or constable having more than
twelve months' service may appeal to the Chief Secretary against
an order of dismissal.
12. Any superior or subordinate pohcc officer or constable may,
pending the determination of an eiu^uiry, be interdicted from the
performance of duty by the Commissioner or by the Chief Pohce
Officer.
POLICE FORCE. 755
13. (i) The appointment of every gazetted police officer shall be Apiioiutments.
pubHshed in the Gazette.
(ii) A certificate of appointment to be signed by the Commissioner
or by the Chief Police Officer shall be issued to every peace officer
other than a gazetted police officer.
14. Every member of the Police Force shall be vested with such Powers of mem-
powers, privileges, and duties as maybe prescribed by the Police poUcf Force.
Regulations.
15. Every peace officer shall, for the purposes of this Enactment, peace officer to
be deemed to be always on duty when required to act as a peace aiVlyToQ J"ty!
officer, and shaU have and exercise all the powers, duties, and
privileges, vested in him by tliis Enactment or by the Police
Regulations or by any other law for the time being in force, at
any and every place where he may be doing duty,
16. Every peace officer shall, for the effectual discharge of his peace officer to
duties, be provided with such staves, arms, accoutrements, and ^^ armed.
ammunition as may be prescribed by the PoUce Regulations.
17. (i) All superior and subordinate police officers and constables Engagements of
shall engage to serve in the Police Force for such periods as may be lu^oXiate'^
prescribed in the Police Regulations. police officers
*■ " and constables.
(ii) Every such engagement shall be m writing signed by the
person engaged and shall —
(o) if made in the Federated Malay States be signed by the
Commissioner or the Chief Pohce Officer ; or
(&) if made in England by the Crown Agents for the Colonies ; or
(c) if made elsewhere without the Federated Malay States by
some person authorized in that behalf by the Chief
Secretary.
18. Every member of the Police Force shall, before entering on Medical
the duties of his office, undergo a medical examination.
19. Every peace officer at the commencement of this Enactment Existing
shall be held to continue his service on the terms of his existmg *^"g''=*^™^" -
engagement, as to pay and term of service, and in every other
respect subject to the provisions of this Enactment and the Police
Regulations.
20. (i) Every member of the Police Force who shall continue in Continuation of
the Police Force after the completion of the period of service for
which he originally engaged shall, unless he shall sign a fresh
engagement for a further period, be deemed to be under engagement
to serve from month to month ; every such engagement after the
first month's service being held to commence on the fii'st and to
be determinable on the last day of each successive month.
(ii) No such officer shall resign the Police Force unless he shall
have given one month's notice in writing to the Chief Police Officer.
21. Every member of the Pohce Force under an engagement for Besignation.
a fixed period may be permitted to resign after such notice and
on such terms as may be allowed by the Commissioner Avith the
approval of the Chief Secretary.
examination.
756
No. 22 OF 1920.
Extra
constables.
Additional
constables.
Termination of
services.
Notice in
writing.
Persons
appointed for
police duties
by a
Government
Department.
Delivery of
Government
property on
ceasing to be
employed.
Desertion.
22. The Commissioner may Avithout written engagement employ
persons to serve temporarily as extra constables, and every such
extra constable shall be vested with such powers, privileges, and
duties as may be prescribed by the Police Regulations.
23. (i) The Chief Police Officer may, on the application of any
person, appoint any number of additional constables to preserve
the peace or to keep order or to act as guards or watchmen at any
place or as escorts from place to place at the cost of the person
applying, but subject to the orders of the Commissioner and the
Chief Police Officer and to the Police Regulations and Orders.
(ii) The person upon whose application such appointment shall
have been made niay upon giving one month's notice in writing to
the Chief Police Officer require that the additional constables so
appointed at his cost shall be discharged and thereupon the Chief
Police Officer shall give notice of discharge to such additional
constables.
24. Any extra constable or additional constable may be dismissed
by the Commissioner or may be discharged after one month's
notice in writing or may resign uj)on giving to the Chief Pohce
Officer one month's notice in writmg.
25. The notice in writmg referred to in Sections 20, 23, and 24
shall be given on or before the first day of the month at the end
of which such services are intended to be discontinued.
26. Persons appomted by any Government Department to serve
as railway, dock, wharf, marine, or traffic police or to perform any
other special or local poUce duties may be vested with such powers,
privileges, and duties within such local hmits as may be prescribed
by the PoHce Regulations.
27. (i) Every peace officer upon ceasing to be emi:)loyed shall
deliver up his certificate of appointment (if any), all and every
article of uniform and clothing and all horses, vehicles, arms,
accoutrements, ammunition, staves, and other effects of every kind
belonging to the Government which may have been entrusted to
him.
(ii) Any person neglecting to so deliver up any horse or any of
the articles aforesaid shall be liable on conviction to a fine not
exceeding fifty dollars or to imprisonment of either description for
a term not exceeding three months, and in addition thereto shall
be liable to pay the value of the horses or articles not delivered
up, which value shall be ascertained by the convicting Magistrate
in a summary way and shall be recoverable as a fine.
28. Any peace officer, who unlawfully or in breach of his engage-
ment absents himself from duty under circumstances which shew
that he has the intention of not returning to duty, shall be deemed
to liave deserted, and sliall be liable on conviction to imprisonment
of either description for a term not exceeding twelve months or to
a fine not exceeding five hundred dollars or to both such imprLson-
ment and fine, and all pay due to him shall be forfeited.
aud constables.
POLICE FORCE. 757
DISCIPLINE AND DUTIES.
29. A peace officer shall obey all laAvful orders of his senior Peace officers
officers whether given verbally or in writing and shall conform to orcTeraf '^"^'
the PoUce Regulations and Orders.
30. (i) Any subordinate police officer who shall be guilty of any runishment of
of the foUowmg offences : poSffice'r.
(a) absence from duty without leave or good cause ;
(6) sleeping on duty ;
(c) conduct to the prejudice of good order and discipUne ;
{d) cowardice in the performance of duty ;
(e) disobedience of orders ;
(/) intoxication ;
(g) insubordination ;
{h) neglect of duty or orders ;
{i) malingering ;
{j) making a statement to a senior officer which he subsequently
contradicts wholly or in part in a Court of Justice ;
(k) excess of duty resulting in loss or injury to any other person ;
{I) wilful destruction or neghgent loss of or injury to Govern-
ment property ;
shall be liable on conviction before an officer authorized in that
behalf under the Police Regulations, to either of the following
punishments :
(a) reduction in rank ;
(6) forfeiture of not more than one month's pay (except in
case of absence without good cause when ferfeiture of
pay may extend to the period of absence in addition to
any other punishment inflicted).
(ii) A constable or extra constable who shall be guilty of any of
the offences specified m sub-section (i) shall be hable in lieu of or
in addition to either of the punishments prescribed therein to
imprisonment in police cells for a term not exceeding seven days
Avith rations of bread or rice and water, or to not more than two
of the foUowmg punishments :
(a) Confinement to barracks not exceeding fourteen days ;
(6) Compulsory performance of extra duties or drills ;
(c) Such fatigue duties as may be prescribed in the PoHce
Regulations ;
(d) Temporary deprivation of specified privileges ;
(e) Forfeiture of good conduct allowance.
(iii) Any subordinate police officer, constable, or extra constable
may appeal to the Commissioner against any pmiishment awarded
under sub-section (i).
(iv) A sub-inspector, subadar, jemadar, or sergeant-major Avho is
reduced in rank may appeal to the Chief Secretary against the
decision of the Commissioner under sub-section (iii).
758
No. 22 OF 1920.
Grave ofEences
may be tried by
Magistrate.
Punishment ot
superior police
officer.
Threatening or
insulting senior
officer.
Powers o£
Magistrate to
be exercised by
police officers.
Duties of Police
Force.
31. (i) If it shall appear that the offence is of such a grave
character as to require a more severe punishment than that pre-
scribed under the preceding section the person accused may be
charged before a Magistrate, and shall be hable on conviction to a
fine not exceeding fifty dollars or to imprisonment of either
description for a term not exceeding three months, or to both such
fine and imprisonment.
(ii) Any person convicted under this section may, unless the
conviction is reversed on appeal, be dismissed from the PoHce
Force, and in such case all pay due to him may be forfeited.
32. (i) The Commissioner may punish any superior police officer
for any of the offences specified in sub-section (i) of Section 30 by
reprimand, severe reprimand, or forfeiture of not more than one
month's pay.
(ii) Any such officer may appeal to the Chief Secretary agamst
any order made under sub-section (i).
(iii) If it shall appear that the offence is of such a grave character
as to require a more severe punishment than that prescribed under
sub-section (i) the Commissioner may refer the matter to be dealt
with by the Chief Secretary.
33. Any peace officer, who shall threaten or insult an officer
senior in rank when such senior officer shall be on duty, or when
such threat or insult shaU relate to or be consequent on the discharge
of duty by the officer so threatened or insulted, shall be liable on
conviction before a Magistrate of the First Class to a fine not
exceeding one hundred dollars or to imprisonment of either descrip-
tion for a term not exceeding twelve months or to both such fine
and imprisonment.
34. In all matters in which by this Enactment jurisdiction is
given to a police officer to inflict punishment the power of a
Magistrate may be exercised by such police officer, in so far as is
necessary to enable him to exercise such jurisdiction.
35. The duties of the Police Force shall be to take lawful measures
for :
(a) preserving the public peace ;
(6) preventing and detecting crimes and offences ;
(c) regulating the traffic upon public thoroughfares and
removing obstructions therefrom ;
{d) preserving order in public places and places of pubhc resort,
at public meetings and in assemblies for public amuse-
ments ; for which purpose all members of the Police Force
and all extra constables when on duty shall have free
admission to all such places, meetings, and assemblies
while open to any of the public ;
(e) assisting in carrying out the Revenue, Excise, Sanitary,
Conservancy, and Quarantine laws ;
(/) assisting in preserving order in the different ports and
harbours in the State and in enforcing the Port Rules
therein ;
POLICE FOECE. 759
(g) executing summonses, subpoenas, warrants, commitments,
and other process issued by Courts ;
(h) exhibiting informations and conducting prosecutions ;
(i) protecting unclaimed and lost property and finding owners
thereof ;
(j) assisting in the protection of life and property at outbreaks
of fire ;
(k) protecting public property from loss or injury ;
(1) attending the Criminal Courts and (when specially ordered
by the Resident) the Civil Courts and keeping order
therein ;
(w) escorting and guarding prisoners ;
{n) executing such other duties as may by any law be imposed
on a peace officer.
REWARD FUND.
36. All pay and allowances which shall be forfeited and such Reward Fund,
proportion as the Commissioner may tliink fit of aU sums paid for
extra or special services of members of the Police Force or extra
constables shall be paid into a fund to be called the " Police Reward
Fund," which fund shall be administered in accordance with the
Police Regulations. The remainder of any sums paid for extra or
special services of members of the PoHce Force and extra constables
as above may be distributed to the persons in relation to whose
services such sums may have been paid, in such proportions as the
Commissioner may direct.
ASIATIC POLICE PENSIONS.
37. (i) There shall be charged on and paid out of the general Asiatic
revenue of the Federated Malay States such sums of money as may ° ^^ pensions.
from time to time be granted by way of pensions, gratuities, or
other allowances, in accordance with this Enactment or any rules
made thereunder to Asiatics who have been members of the Police
Force and to their dependants.
(ii) The Chief Secretary may by notification in the Gazette make Euies.
rules for the granting of such pensions, gratuities, and allowances.
(iii) Any rules made under this section may provide for the
forfeiture, in events to be specified, of any pensions granted under
this Enactment or any rules made thereunder.
38. No Asiatic member of the PoHce Force or dependant shall Pensions not
have an absolute right to a pension, gratuity, or allowance under ^^ ° "°
this Enactment or any rules made thereunder, nor shall anything
herein contained Hmit the right of the Chief Secretary to dismiss
any Asiatic member of the Pohce Force without compensation.
39. No pension, gratuity, or allowance granted under this Pension not to
Enactment or any rules made thereunder shall be assignable or ^ * '^"
transferable or hable to be attached, sequestered, or levied upon for
or in respect of any debt or claim whatsoever.
760
No. 22 OF 1920.
ESTATES OF INTESTATES.
Movable 40. (i) Whenever any person dies intestate in any of the Federated
property of Malay States leaving movable property therein under five hundred
under ?500 may dollars in value, which proi^erty is, in the absence of any j)erson
te^d^by cliief entitled thereto, taken charge of by the police for the purpose of
Police Officer, g^fe custody, the Chief Police Officer may order the said property
to be delivered without letters of administration taken out to any
person claimmg to be entitled to the Avholc or any part thereof, if
he shall be satisfied as to the title of the claimant and the value of
the property by the affirmation of the claimant, or by such other
evidence as he may require ; provided that, in the event of any
such property being of a perishable nature, and likely to be deterior-
ated in value by being kept, the Chief Police Officer may order its
sale, and the proceeds of such sale shall be dealt with in the same
manner as the property is by this section directed to be dealt with.
(ii) The Chief PoHce Officer may, at his discretion, before making
any order under the preceding sub-section, take such security as he
may think proper for the due administration and distribution of
such property. Nothing in this section contained shall affect the
right of any person to recover the whole or any part of the same
from the person to whom it may have been delivered pursuant to
such order. Any property taken charge of under this section and
not claimed within the period of one month, may be sold, and the
proceeds if not over the value of twenty-five dollars shall be paid
to the Police Reward Fund, and if over that value into the Treasury
for the service of the State. Provided always, that if at any time
thereafter the o^vner of such property shall appear and claim the
same, restitution shall be made, on the claim being established to
the satisfaction of the Resident, out of the said Reward Fund or
out of the Treasury.
POLICE REGULATIONS AND ORDERS.
Police 41. The Commissioner with the a^jproval of the Chief Secretary
Keguiations. may make from time to time such regulations to be called '" Police
Regulations " as he may think expedient not inconsistent with the
provisions of this Enactment.
Such regulations in addition to the powers hereinbefore conferred
may provide for
(a) organization and distribution ;
{b) appointments, pay, discharges, dismissals, and conditions of
service ;
(c) classifications and promotions ;
(cZ) discipline ; the regulation and carrying out of punishments ;
(e) instruction and examinations ;
(/) inspections, drill, exercises, and parades ;
(g) leave of absence ;
{h) descriptions of uniforms, arms, and accoutrements to be
provided ;
POLICE FORCE. 761
(/) police services and duties of every description and the
manner in which they shall be carried out ;
(/) administration of the Police Reward Fund ;
(/.) such other matters as may be necessary and expedient for
preventing abuse or neglect of duty, for rendering the
PoHce Force efficient in the discharge of its duties, and
for carrying out the objects of this Enactment.
42. The Commissioner may make from time to time such orders roUce orders.
to be called " Police Orders " as he may think expedient, not
inconsistent with the provisions of this Enactment or the PoUce
Regulations, relating to matters connected with the internal
administration of the Police Force.
Such orders may relate to
(a) Departmental finance ;
(6) Buildings, grounds, stores, furniture, and equipment ;
(c) Transfers of pohce officers, the place at which they shall
reside, and the particular services to be performed by
them ;
(d) The collection and communication of mtelligence and
information ;
(e) The manner and form of reports, correspondence, and other
records ;
(/) The performance of any act which may be necessary for
the proper carrying out of the provisions of this or any
other Enactment or any rules or regulations made there-
mider or for the efficient discharge of any duty imposed
by law on the Pohce Force.
PROTECTION OF PEACE OFFICERS.
43. Notwithstanding anythmg in the Civil Procedure Code, 1918, Exemption in
the pay and allowances of a subordinate police officer or constable pfJiess.''
shall not be hable to be attached, seized, or taken in execution by
any process of law or otherwise, nor shaU any such person be liable
to be imprisoned under an order of any Court by reason of non-
payment of any debt which he may have incurred or for which
he may become liable after the commencement of this Enactment.
44. (i) Except in the case of proceedings mstituted on the Actions and
complaint of a pubHc servant for the breach of any of the provisions against peace
of this Enactment, all suits and prosecutions which may be lawfully officers.
brought against any peace officer for anything done, or omitted to
be done by him in the execution of his duty as a peace officer
whether under this Enactment or otherwise ;
And aU suits and prosecutions which may be lawfully brought
against any person acting in the aid of any peace officer in the
execution of the duty of such peace officer, whether under this
Enactment or otherwise ;
And all suits and prosecutions against any person which may be
lawfully brought for anything done under this Enactment ;
762 No. 22 OF 1920.
Shall be commenced within three months after the thing com-
plained of shall have been done, and not otherwise.
(ii) Notice in writing of any suit and of the cause thereof shall
be given to the defendant at least one month before the com-
mencement of such suit, and without such notice no such suit
shaU be brought or being brought the suit shall be dismissed.
(iii) In every suit so brought it shall be expressly alleged that
the defendant acted mahciously and without reasonable or
probable cause, and if at the trial the plaintifE shall fail to prove
such allegation, the suit shall be dismissed.
(iv) The defendant in his written statement shall set out specially
that he was acting under the provisions of this Enactment, or of
some other Enactment or law, naming the section or sections, or
otherwise referring to the law under which he was acting, and shall
state generally the nature of the defence he proposes to make at
the trial, but the defendant shall not at the trial, except as next
hereinafter provided, be prevented from giving evidence of matters
not stated in his written statement.
(v) If it shall appear to the Court on any such trial that any
matter proposed to be put in evidence for the defendant, and not
set out or clearly referred to in his written statement, is of such a
nature as to embarrass the plaintiff by reason of the plaintiff not
havmg had notice or knowledge or the means of knowing that the
defendant intended to adduce such evidence, the Court shall post-
pone the trial and allow the defendant to amend his statement on
such terms as may seem reasonable, and with or without costs.
(vi) Judgment shall not be given for the plaintiff in any suit for
anything done or intended to be done under this Enactment, if it
shall be made to appear to the Court that the defendant acted by
the orders of any Magistrate empowered by law to act in that
behalf, or if the defendant acted in good faith believing he had
power to act, unless it be she^vn that the defendant acted maliciously
and without reasonable or probable cause.
(vii) In any case where the amount of damages which the Court
may think proper in the cause shall not exceed in amount any sum
tendered or offered in writing to be paid or any sum paid into
Court by the defendant at any time before trial, the plaintiff shall
not have judgment for any sum more than that tendered or offered
or paid into Court, and shall pay to the defendant his costs in the
suit. Provided always that in the event of any sufficient tender,
offer in writing, or payment into Court, after suit commenced the
costs up till the time of such tender, offer or payment, shall be in
the discretion of the Court and the costs after such time shall be
payable by the plaintiff to the defendant.
(viii) If the suit is dismissed, or if the plaintiff withdraws his
suit, the Court shall allow to the defendant his full costs, and he
shall hav(! the like remedy for the same as any defendant has by
law in other cases, and though judgment shall be given for the
plaintiff in any such suit plaintiff shall not have costs against the
defendant unless the Court before whom the trial shall be had shall
certify its approbation of the action.
POLICE FORCE.
763
Schedule.
ENACTMENTS REPEALED.
State.
No. and year.
Short title.
Pahang
9 of 1897
The Police Force Enactment, 1897
Perak . .
8 of 1904
The Police Force (Asiatics) Pensions
Enactment, 1904
Selangor
9 of 1904
Do.
N. Sembilan . .
8 of 1904
Do.
Pahang
7 of 1904
Do.
Perak . .
7 of 1905
The Police Force Enactment, 1905
Selangor
8 of 1905
Do.
N. Sembilan
8 of 1905
Do.
Pahang
7 of 1905
Do.
ENACTMENT NO. 25 OF 1920.
Short title and
commencement.
Kepeal.
Interpretation.
General rules
for assemblies,
processions, etc.
All Enactment to consolidate and amend the law relating
to Minor Offences and for other purposes.
L. N. GUILLEMARD,
President of the Federal Council.
[30th October, 1920.
9th November, 1920.]
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 Minor Offences
Enactment, 1920," and shall come into force upon the publication
thereof in the Gazette.
(ii) Upon the commencement of this Enactment, the Enactments
specified in the schedule shall be repealed to the extent mentioned in
tlie third column of such schedule ; provided that all appointments,
rules, and orders made, licenses issued, and fees and charges fixed
under any Enactment hereby repealed which were in force
immediately prior to the commencement of this Enactment shall,
so far as they are not inconsistent with the provisions of this
Enactment be deemed to have been made, issued, or fixed under
tliis Enactment,
2. (i) In this Enactment unless the context otherwise requires —
" Horse " includes mules and asses.
" Cattle " includes bulls, cows, buUocks, and buffaloes.
" PubUc road " includes every road, street, bridge, passage,
footway, or square over which the public have a right of way.
"In or near any public road " includes all places in the public
road and all places within ten yards of it not being effectually
separated from and hidden from the road by a wall or otherwise.
(ii) Fireworks are said to be let off " near a public road " when
let off in a verandah beside a public road, or from the doors or
windows of a house looking into a public road, or overlooking a
place in or near a public road or within the curtilage of a house
adjoining a public road.
(iii) The open verandahs of houses abuttmg on the public roads
are public roads for foot passengers.
RULES AND ORDERS AS TO ASSEMBLIES, ETC.
3. (i) The Chief Police Officer may from time to time, subject to
the approval of the Resident, maice general rules
(a) regulating the conduct of all assemblies and processions in
public roads and the issue of licenses for the same ;
764
MINOR OFFENCES. 765
(6) requiring previous notice to be given of the intention to
hold such assemblies and processions ;
(c) keeping order and preventing obstruction or inconvenience
in public roads, bridges, landing-places, and all public
places, and places of public resort, whether such public
places or places of public resort are on public or private
land ;
(d) prohibiting the passage through the public roads of vehicles
constructed or loaded in such a way as to be dangerous
or inconvenient to persons using the pubhc roads or of
vehicles not being under proper control ;
(e) prohibiting the use of specified public roads and bridges
either absolutely or conditionally or at stated times to
specified descriptions of traffic.
(ii) The Chief Police Officer may, with the sanction of the
Resident, prohibit any assembly or procession in any public road.
(iii) The Chief Pohce Officer may from time to time issue police
orders, prescribing the routes and gates by which carriages shall
drive up to and retire from all jjlaces of assembly or of public
resort, for the purpose of settmg down and taldng up visitors ; and,
if the public roads are used, for fixing the places where, and the
order in which such carriages shall wait in the interval.
(iv) Any police officer, authorized in that behaK by the Chief
Police Officer, may upon payment of the prescribed fees issue a
license for the use of music in the public roads on the occasion of
festivals and ceremonies or for the right to conduct any procession
along any public road.
(v) All general rules and poHce orders made under this section
shall be published in the Gazette.
(vi) Any person who shall infringe any general rule or police
order made under this section, or who shall at any festival or
ceremony use, or cause to be used, or allow to be used, any music
in a public road or shall conduct or assist in conducting any
procession along any pubUc road without a license or contrary to
the terms of such license, shall be liable on conviction to a fine
not exceeding tAventy-five dollars.
(vii) Any person who holds, or is present assisting at, any
assembly or procession in any pubUc road held in defiance of a
prohibition by the Chief Police Officer under sub-section (ii), shall
be Hable on conviction to a fine not exceeding one hundred dollars
or to imprisonment of either description for a term not exceeding
six months, or to both such fine and imprisonment.
ORDERS AS TO FIREWORKS.
4. (i) The Chief Police Officer may, with the sanction of the orders and
Resident, issue orders, to be published in the Gazette, autliorizing tirewoTks?'^
the letting off of fireworks other than bombs or sand-crackers on
certain fixed days, and at certain fixed hours, in places near a public
road, and may issue licenses at particular times for the letting off
766
No. 25 OP 1920.
of fireworks other than bombs or sand-crackers in places near a
public road.
(ii) Every Hcense issued under this section shall state the place
where, and hours between which, the fireworks may be fired or let
off and the description of fireworks to be used.
(iii) No authority so pubUshed or license so issued shall be held
to relieve any person from liabifity in the event of any damage, loss,
or injury to person or projDcrty being caused by the firmg or letting
off of such fireworks.
(iv) Any person who lets off any fireworks, in or near any public
road, except at such times and places and in such manner as shall,
from time to time, be allowed under sub-section (i) shall be liable
on conviction to a fine not exceeding twenty-five dollars.
(v) The occupier of any house, from or in which, or from or in
the verandah of which, any contravention of the preceding sub-
section takes place, shall be liable to the fine prescribed as well as
the person, if another person, who commits the offence.
Penalty.
BURNING MATERIAL OR DISCHARGING FIREARMS IN
PUBLIC ROAD.
5. Whoever sets fire to, or burns any straw or dangerous or
offensively smelling combustible or neghgently or wilfully discharges
any firearm or air-gun, or sends up any fire-balloon or rocket, in or
near any public road, shall be liable on conviction to a fine not
exceeding twenty -five dollars.
Duty of police
officers as to
dangerous
animals.
Ferocious dog
or dangerous
animal at large.
Letting loose
(log or other
animal.
DANGEROUS ANIMALS.
6. It is the duty of every police officer to secure any animal,
reasonably suspected to be mad or dangerous, and any wild animal,
found at large m or near any pubhc road, under circumstances of
danger to the pubHc ; and if there is reasonable ground to believe
that any such mad, dangerous, or wild animal cannot be secured
without risk of injury to the person of the police officer attempting
to secure the same, it shall be lawful for such police officer to shoot,
or otherwise destroy, such animal.
7. Whoever neghgently suffers to be at large any ferocious dog,
without a muzzle, or any other dangerous animal shall be liable on
conviction to a fine not exceeding twenty dollars ; and, if the
animal shall have bitten or attempted to bite any person, such
animal may be destroyed by order of a Magistrate.
8. Whoever sets on or urges any dog or other animal to attack,
worry, or put in fear any person or animal shall be liable on
conviction to a fine not exceeding fifty dollars.
Orders as to
destruction of
dogs.
DOGS.
9. (i) In any State a Chief Police Officer, with the sanction of the
Resident, may, from time to time, by order to be published in the
Gazette, ap2)oint a period within which any dogs found straying in
any public road, or beyond the enclosures of the houses of the
owners of such dogs, may be destroyed.
MINOR OFFENCES. 767
(ii) Any such order may either apply to the whole State or be
limited to any one or more district or districts.
(iii) At least ten days before the commencement of the period
appointed notice shall be given of the said order throughout the
area affected by it, in such mamier as the Resident may direct.
10. If it shall be proved to the satisfaction of a Magistrate that Bog running
any dog is in the habit of running at persons, or at carriages, horses, *' persons, et'^-
or cattle passing along a public road, the owner of such dog shall
be liable on conviction to a fine not exceeding twenty-five dollars
and such dog may be destroyed by order of the Magistrate.
NUISANCES.
11. Whoever commits any of the following offences shall be penalty for
liable on conviction to a fine not exceeding twenty-five dollars : "u'^ance.
(i) Without authority in the case of State property or without
the consent of the owner or occupier in the case of
private property affixes or causes to be affixed any
advertisement bill or notice or any paper against or
upon any building, waU, or fence, or writes upon, defaces,
or marks any such building, wall, or fence with chalk or
paint or in any other way.
(ii) Bathes or washes himself or any other person, animal, or
thmg on any public road or in, upon, or by the side of
any public tank, well, reservoir, water-course, or stream,
the use of which for bathing has been forbidden by the
Chief Police Officer.
(iii) Obstructs or incommodes a person bathing at any place
set apart as a bathing place by wilful intrusion or by
washing any animal or article at or near such place or
in any other way.
(iv) Wilfully or indecently exposes his person or commits a
nuisance by easing himself in or near any public road
or in any public place.
(v) Being the owner or person in charge of any animal does
not, if such animal dies, dispose of its carcass in such
way as not to be a common nuisance.
(vi) Places on or near any public road any dead animal.
(vii) Spits on the floor or walls of any school-house, theatre,
market, public building, or place of public entertain-
ment or resort, or in any licensed, public, or hiring vehicle,
or in any railway car, or on any wharf or jetty, or on
any five-foot way or side-walk of a public road.
PIGS.
12. Whoever keeps any pig in any Malay village not being Keeping pigs
within the limits of a Sanitary Board shall be liable on conviction Vlii^ges.^
to a fine of five dollars for every pig so kept and if after conviction
he continues to keep a pig or pigs in such village he shall be liable
to a further fine of five doUars for each jjig for every day
during which the offence continues.
768
No. 25 OF 1920.
Pigs rooting
may be killed.
13. The Chief Police Officer may, whenever he finds it necessary,
give orders for the kilUng of pigs found rooting on any public
road or State land and the carcass of any pig so killed, if not
removed forthwith, shall be buried by the police.
Provided that the Chief Police Officer shall not issue orders for
the killing of pigs found rooting on any public road or State land
un^il notice in writing of the intention to issue such order shall
have been posted up in such locality at least twenty-four hours
beforehand.
Animals
damaging
property.
Penalty.
OFFENCES RELATING TO ANIMALS AND VEHICLES.
14. Whoever being the owner or j)erson in charge of any animal
aUows such animal to stray upon any public road or upon any
public or private property shall be hable on conviction to a fine
not exceeding twenty-five dollars in respect of each animal, and
all damage done by such animal shall be assessed by the Magistrate,
and shall be recoverable in the manner provided by law for the
recovery of fuies before Magistrates together with any amounts to
be levied as fines, from the owner of the animal.
In the case of damage to private property the amount of damages
recovered shaU be paid to such person as the Magistrate may direct.
15. Whoever commits any of the following offences shall be
liable on conviction to a fine not exceeding twenty-five dollars :
(1) Trains or breaks any horse in any public road or public
place except in such places and at such times as may be
allowed by the Chief PoHce Officer.
(2) Leads or drives any horse, cattle, sheep, goat, or pig on any
public road in such a manner as not to have control over
the same or in such a manner as to cause danger or
obstruction to the public.
(3) Drives, rides, or leads any elephant on any public road
without permission of the Chief Police Officer or of an
officer authorized in that behalf by the Chief Police Officer,
(4) Leads, drives, or rides any animal or draws, pushes, rides, or
drives any vehicle upon any public footway.
(5) Drives or rides any animal or draws, pushes, rides, or drives
any vehicle in a manner so rash or negligent as to indicate
a want of due regard for the safety of others.
(6) Being in charge of any horse or cattle in any public road
or public place leaves the same at such a distance as not
to have it under due control or is found asleep while so
in charge.
(7) Causes or allows any vehicle for the conveyance of persons
or of goods or other articles whether with or without
horses or cattle to rest in any pul)lic road, except in such
places as may be appointed for the purpose under any
law in force for the time being, for a longer time than is
absolutely necessary to take up or set down any persons
or to load or unload any goods or other articles or to
collect hire.
MINOR OFFENCES. 769
{S) Exposes in any public road for show, hire, or sale any
horse or other animal or any vehicle or cleans or
dresses any horse or other animal or cleans an}' vehicle
or makes or repairs any part of any vehicle, except in
cases of accident where rejiair on the spot is necessary, in
such a manner as to interfere with the traffic.
(9) Drives in any public road any horse or pony from the left
or near side of the vehicle drawn by such horse or pony.
(10) Drives or is in charge of any vehicle in any public road, the
plate number affixed to which or the number marked on
which is hidden from view either with his body or by any
article whatsoever so that the said number cannot be
distinctly seen.
OTHER OFFENCES.
16. Whoever commits any of the following offences shall be Penalty,
liable on conviction to a fine not exceeding twenty-five dollars :
(1) Lays any article on any public road so as to cause an
obstruction thereto or so as to make the use of the road
less convenient.
(2) Allows to remam on any public road any article which has
fallen from any vehicle of which he is in charge.
(3) Disobeys any lawful order given by a police officer in
uniform engaged in regulating traffic on a public road.
(4) Causes or allows goods or other articles to rest on any
public footway or other part of a public road or otherwise
causes or allows such goods or other articles to create
obstruction or inconvenience to the passage of the public
for a longer time than ma}' be absolutely necessary for
loading or unloading such goods or other articles.
(5) Without the authority of the Chief Police Officer puts up
any j^ost or other thing on the side of any public road.
^6) Flies any kite or plays at any game or does any act which
obstructs or interferes with the traffic in any public road,
or the wires of any telephone or telegraph.
(7) Uses any indecent, threatening, abusive, or msulting words
or behaves in a threatening or insulting manner or posts
up or affixes or exhibits any indecent, threatening, abusive,
or insulting Avritten paper or drawmg with intent to
jDrovoke a breach of the peace or whereby a breach of the
peace is likely to be occasioned.
(8) Except Avith the permission of the Sanitary Board, exposes
for sale, or sets out in or upon any stall, booth, show-
board, cask, basket, or otherwise any article whatsoever,
so as to cause obstruction in any public road, or so as to
make the use of any public road less convenient.
(9) Without the permission in writing of the Chief Police
Officer or of any officer authorized in that behalf by the
Chief Police Ofiicer, beats AAithin the limits of any town
ru— 49
770
No. 25 OF 1920.
or village between the hours of 12 midnight and 5 a.m^
of the next day or in any public road at any hour a drum
or tom-tom or blows a horn or trumpet or beats or sounds
any brass or other metal instrument or utensil.
Notwithstanding that such permission in writing shall have been
given any police officer not under the rank of Inspector may, on the^
complaint of a householder that the noise of any such instrument
is dangerous to any sick person living near the place where such
noise is being made or for other good and sufficient reason, enter
upon the premises where the noise is being made, and after warning
stop the same either by the removal of the instruments or the>
dispersal of the persons assembled there.
This section shall not be held to apply to military music.
Obstructions in
rivers and
waterways.
Neglecting to
report accident
to registered
boat.
RIVERS AND WATERWAYS.
17. No person shall moor or leave any boat, vessel, raft, landmg
stage, bath-house, timber plank mark, buoy, or other object in any
river or waterway in which the public have a right of navigation
in such a manner as to interfere with such right or to cause injury
or inconvenience to any person using such river or Avaterway or
living on the banks thereof. Any person causing such interference,
injury, or inconvenience, who neglects or refuses to remove such
boat or thing as aforesaid immediately on being required so to do
by a police officer or other duly authorized person, shall be liable
on conviction to a fine not exceeding twenty-five dollars and such
boat or thing may be removed by a police officer or other duly
authorized person, and the expense of such removal shall be
recoverable in the same manner as a fine from the owner or person
in charge of the same.
18. Whenever any accident shall occur to a registered boat,
attended with the loss of the life of, or serious injury to, any
person, the owner or person in charge of the boat shall forthwith
report the circumstances at a police station, and in default of so
doing he shall be liable on conviction to a fine not exceeding
twenty-five dollars.
Uolavr/ul
possession of
military, marine,
or police stores.
MILITARY, POLICE, AND MARINE.
19. Whoever knowingly detains, buys, exchanges, or receives from
any person serving on board any Government vessel, or from any
member of any regiment or military organization formed in or
serving in the Federated Malay States or from any member of the
Pohce Force any arms, ammunition, accoutrements, clothing, or
other military or marine or police stores or necessaries, or any other
property belonging to the Government, or who shall have in his
possession or keeping any such articles or property and shall fail
to account satisfactorily how he came by the same, shall be liable
on conviction to a fine not exceeding twenty-five dollars, or to
imprisonment of either description for a term not exceeding six
weeks or to both such fine and imprisonment and on conviction
the property may be forfeited.
MINOR OFFENCES. 771
20. Whoever takes or attempts to take, into any nulitarv barrack, TakiD? sr^if'».
guard room, or encampment, or into any police barrack, police barracks' ami
station or lock-up or into any public hospital or asylum any spirits I'o'J^'? station«,
or spirituous or fermented Hquors, or intoxicatmg drugs or prepara- asyfuin.' ^^
tions, or any chandu, opium dross, or any preparation of opium,
without the permission of the Commanding Otticer or of the Chief
Police Officer or of the person in charge of the public hospital or
asylum respectively shall be liable on conviction to a fine not
exceeding fifty dollars or to imprisonment of either description for
a term not exceeding three months, and on conviction such liquors,
drugs, or preparations, and the vessels containing the same may
be forfeited.
21. Any keeper or person m charge of any tavern or other place r'oiice
for the sale of intoxicating liquors or drugs who shall permit any driaang^
police constable on duty to drink or use any intoxicating liquors i"''*"^" ^^
or drugs, or to remain, loiter, or conceal himself, except for purposes
connected with the execution of his dut}^ in any such tavern or
place, or upon any premises belonging thereto, shall be liable on
conviction to a fine not exceeding fifty dollars.
VAGRANTS.
22. (i) Every person wandering abroad and lodging m any shed vagrants.
or out-house without the permission of the owner thereof, or in ''^sgars, etc
any deserted or unoccupied building, or in the open air, or under
a tent, or in or under any cart or wagon, or other similar shelter,
not having any visible means of subsistence and not giving a good
account of himself ;
(ii) Every person begging for alms, and every person endeavourmg
by the exposure of wounds, sores, diseases, or deformities to obtain
alms ;
(iii) Every person endeavourmg under any false or fraudulent
pretence to procure charitable contributions of any nature or Idnd ;
(iv) Every person found abroad between sunset and sunrise
having in his custody or possession any picklock, skeleton key,
crow, jack, bit, or other such imjjlement without lawful excuse
(the proof of which excuse shall be on such person) or being armed
with any gun, pistol, sword, spear, kris, bludgeon, or other offensive
weapon without lawful excuse (the proof of which excuse shall be
on such person) ;
Shall, in each of the above cases, be liable on conviction to
imprisonment of either description for a period not exceedmg two
months or to a fine not exceeding twenty-five dollars, or to both
such imprisonment and fine and on a second or subsequent con-
viction to imprisonment of either description for a term not
exceeding four months, or to a fine not exceeding fifty dollars, or
to both such imprisonment and fine and, on conviction, any such
implements or arms may be forfeited.
HOTELS, TAVERNS, ETC.
23. Any person keepmg or permitting to be kept any hotel. Disorder)^
tavern, ale-house, coffee-house, boardmg-house. or other place of boteisftaTems:
public entertainment or resort who knowingly permits drunkenness ^^'^
772
No. 25 OF 1920.
or other disorderly behaviour in such house or place or knowingly
permits prostitutes or persons of notoriously bad character to meet
or remain therein shall be liable on conviction to a fine not exceeding
one hundred dollars.
Impounding o£
stray animals.
PUBLIC POUNDS.
24. (i) Public pounds shall be provided and pound-keepers
appointed at such places as the Resident may direct, and it shall
be lawful for the Resident from time to time, by notification in
the Gazette, to fix tables of fees for impounding animals and rates
of charges for feeding them during the time they are detained in
the pound.
(ii) It shall be lawful for all persons, and it is the duty of all police
officers, to seize all horses, cattle, goats, sheep, and pigs found stray-
ing upon any public road or tresjiassing on any public or private pro-
perty and to confine such animals in any public pound, and if such
animals shall not be respectively redeemed by the owners of the same
within ten days after being so impounded by paying to the pound-
keeper the pound fees at the rates in force for the time being to-
gether with the expenses of feeding the same while impounded
according to the rate to be from time to time fixed by the Resident,
such animals so impounded shall be sold by public auction by order
of the Chief Police Officer, and the proceeds of such sale, after
deducting the expenses thereof, and paying the said fees and expenses
of feeding, shall be paid to the owner of the animal, and in default
of the same being claimed within three months after such sale, it
shall be retained by the Chief Police Officer and paid by him into the
Treasury of the district.
(iii) Every person taking any animal out of a public pound
without the knowledge and consent of tile pound-keeper shall be
liable on conviction to a fine not exceeding twenty-five dollars.
(iv) Every pound-keeper shall be deemed to be a public servant
within the meaning of the Penal Code.
Corpses and
dying persons.
OTHER OFFENCES.
25. Whoever deposits or causes to be deposited any dying
person or any corpse in any public place or in anj' private place
without the consent of the owner shall be liable on conviction to
a fine not exceeding two hundred and fifty dollars or to imprison-
ment of either description for a term not exceeding six months or
to both such fine and imprisonment.
26. Whoever is found drunk and incapable of taking care of
himself, or is guilty of any riotous, disorderly, or indecent behaviour
in any public road or in any public place, or place of public enter-
tainment or resort, or in the immediate vicinity of any court, or
of any public office or police station, shall be liable on conviction
to a fine not exceeding twenty-five dollars, or to imprisonment of
either description for a term not exceeding fourteen daJ^s.
w iifui trespass. 27. Whocvcr, without satisfactor}^ excuse, wilfully trespasses in
or upon any dwelling-house or premises, or upon any land attached
Drunkenness
and disorderly
conduct in
public place.
MINOR OFFENCES.
773
thereto, or upon any boat or vessel, or upon any land belonging to
Government or api:)ropriated to any piiblic purpose, not thereby
in any of the above cases causing any actual damage, or not causing,
in the opinion of the Magistrate, more than nominal damage,, shall
be liable on conviction to a penalty not exceeding twenty dollars.
28. Whoever, not being a member of any regiment or military
organization formed in or serving in the Federated Malay States
or a member of the Police Force or a person in the service of the
Government in the performance of his duty, goes armed with any
offensive weapon in any public road, pubUc place, or place of
public amusement or resort, unless by permission of the Chief
Police Officer, or of an officer authorized in that behalf by the
Chief Police Officer may be arrested and disarmed by any police
officer, and shall be liable on conviction to a fine not exceedinsc
twenty dollars and on conviction the weapon may be forfeited.
29. Whoever wears without due permission the uniform appointed
for the US3 of any regiment or military organization formed in or
serving in the Federated Malay States or of any Government
Department or any dress having the appearance or bearing any
of the regimental or other distinctive badges of such uniform or
any colourable imitation thereof shall be liable on conviction to
a fine not exceeding fifty dollars and on conviction any such uniform,
dress, badge, or mark may be forfeited.
30. Whoever carries on the business of a pedlar or hawker
without a license shall be liable on conviction to a fine not exceeding
fifty dollars.
31. The Resident with the approval of the Chief Secretary to
Government may make rules to be published in the Gazette providing
for the licensing and regulation of pedlars and hawkers, and may
prescribe a fine not exceeding fifty dollars for the contravention
of any such rule.
32. Whoever deals in second-hand goods without a license shall
be liable on conviction to a fine not exceedmg one hundred dollars.
33. Every person in whose house or shop second-hand goods are
found, apparently exposed for sale, or Avho is found in possession of
second-hand goods in an unusual quantity, shall be deemed, until
the contrary be proved, to be a dealer in second-hand goods.
34. The Resident may at any time at his discretion cancel sary
license issued to a dealer in second-hand goods.
35. The Resident with the approval of the Chief Secretary to
Government may make rules to be published in the Gazette with
regard to second-hand dealers regulating the issue and posting of
licenses and prescribing the books to be kept, and ma}'^ prescribe
a fine not exceeding one hundred dollars for the contravention of
any such rule.
36. Whoever, except in the conduct of an authorized official
survey, in making any boundary, or so as to appear to indicate
a boundary, of any land makes or uses a mark in the form of a
broad arrow or an iron pipe of any diameter less than six inches
driven vertically into the soil shall for ever}^ such offence be liable
on conviction to a fine not exceeding one hundred dollars.
Carrj-in? arms
ill public jilaces.
Wearing
unauthorized
uniform.
Pedlars'
licenses.
Rules for
pedlars.
Second-hand
dealers'
licenses.
Presumption.
Cancellation
of second-hand
dealer's license.
Rules for
second-hand
dealers.
Use of Govern-
ment survey
marks.
774
No. 25 OF 1920.
^eesfor 37. The Resident with the approval of the Chief Secretary to
Government may, by notification in the Gazette, fix the fees which
may be charged for any license issued under this Enactment, and
may in like manner from time to time cancel or vary the same.
Provisions as to 38. (i) No action shaU be brought against any person for any-
^ ^' thing done or bona 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 ;
(c) after tender of sufficient amends.
(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 plaintifl: shall
fail to prove such allegation judgment shall be given for the
defendant.
(in) 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 the action.
• Schedule,
ENACTMENTS REPEALED.
Extent of
State.
No. and
year.
Short title.
repeal.
Perak
11 of
1894
Uniform Order
Council, 1894
in
The whole
Selangor . .
VII of
1894
Government Surv
Marks Regulations
■ey
Do.
Perak
11 of
1898
Small Offences Enact-
Sections2-38
ment, 1898
inclusive
Selangor . .
17 of
1898
Do.
Do.
N. Sembilan
18 of
1898
Do.
Do.
Pahang . .
13 of
1898
Do.
Do.
Perak
9 of
1899
Second-hand Dealers
The whole
Selangor . .
12 of
1899
Do.
Do.
N. Sembilan
12 of
1899
Do.
Do.
Pahang . .
15 of
1899
Do.
Do.
Perak
14 of
1901
Pedlars
Do.
Selangor . .
1 of
1900
Do.
Do.
N. Sembilan
2 of
1900
Do.
Do.
Pahang . .
10 of
1899
Do.
Do.
ENACTMENT NO. 27 OF 1920.
An Enactment to provide for the Registration of Schools
and of their managers and teachers and for grants-
in-aid in certain schools,
L. N. GuiLLEMARD, [14th December, 1920.
President of the Federal Council. 16th December, 1920.]
It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —
1. This Enactment may be cited as "The Registration of short title and
Schools Enactment, 1920," and shall come mto force on the commencement.
publication thereof in the Gazette.
2. In this Enactment unless there is something repugnant in the interpretation,
subject or context —
" Assistant Director " means an Assistant Director of Education
appointed under Section 3 of this Enactment.
" Chief Secretary " means the Chief Secretary to the Government
of the Federated Malay States.
" Committee of Management " means the person or persons who
administer the revenues of any school other than a Government
School.
'' Director " means the Director of Education appointed under
Section 3 of this Enactment.
" Existing School " means any school m existence at the com-
mencement of this Enactment.
" Inspector " means an Inspector of Schools for any State
appointed under Section 3 of this Enactment.
" Manager " means any person taking jDart in the management
of a school. In the case of a school of which no such manager can
be found in any of the Federated Malay States then the master
of the school or if there be more than one master the head-master
of the school or in any case of doubt such master as the Director
may specify shall be deemed to be the manager.
"Medical Officer" means a Medical Officer appointed under
Section 3 of this Enactment.
" New School " means a school started after the commencement
of this Enactment.
" Register " means the Register of Schools kept under the
provisions of Section 16 of this Enactment and " Registered "
means entered upon such Register by the Director or an Assistant
Director.
775
776
No. 27 OF 1920.
Appointment
of officers.
Schools
must be
registered.
Penalty for
uuregistered
schools.
" Registered School " means a school registered in accordance
with the provisions of this Enactment.
" School " means a place where fifteen or more persons are being
or are habitually taught whether in one or more classes, but shall
not include places where the teaching is solely of a religious
character.
" Teacher " means a person employed by the Government or
by the manager or by the Committee of Management to teach the
pupils in a school and includes the manager if the manager is the
head-master or the master in charge of the school.
3. The Chief Secretary may appoint such persons as he may
think fit to be Du'ector of Education, Assistant Directors of Educa-
tion, Inspectors of Schools, and Medical Officers respectively, for
the purposes of this Enactment.
4. Every existing school and every new school shall be registered
under the provisions of this Enactment.
5. (i) Any person who acts as manager of an unregistered school
shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding one hundred dollars, and in the case of a second
or subsequent conviction to a fine not exceeding five hundred dollars.
(ii) On the complaint of the Director or of an Assistant Director
or of an Inspector, and on proof that a school is unregistered, a
Magistrate of the First Class may order such school to be closed
or may make such other order as he may deem fit.
When
registration
necessary.
Forms of
application
for registration.
Certificate of
registration
and appeal
agaiiist refusal.
PART II.
REGISTRATION OF SCHOOLS.
6. After the expiration of six months from the commencement
of this Enactment it shall not be lawful for any person to manage,
teach in, or maintain any existing school or to open, manage, teach
in, or maintain any new school in the Federated Malay States
until a certificate of registration of such school shall have been
obtained in the manner hereinafter provided.
7. Applications for a certificate of registration referred to in
Section 6 shaU in the case of an existing school be in terms of
Form 1 and in the case of a new school in terms of Form 2 of the
Schedule hereto.
8. (i) Upon the application for the registration of any school
the Director shall register it and issue to the manager thereof a
certificate of registration in Form 3 of the Schedule hereto, provided
that the Director may refuse to register any school if in his opinion
the premises appear to be insanitary, and in case of such refusal
shall so inform the manager in writing, and shall also inform him
in writing that he has the right of appeal to the Chief Secretary.
(ii) If the manager shall not within a period of one month appeal
to the Chief Secretary or if on appeal to the Chief Secretary the
decision of the Director shall be upheld, such school shall become
an unregistered school.
REGISTRATION OF SCHOOLS.
777
PART III.
REGISTRATION OF MANAGERS AND TEACHERS.
9. (i) After the expiration of six months from the commencement
of this Enactment no person shall manage any school or hold office
as a member of the Committee of Management of any school, or
teach in any school miless he has been duly registered and in the
case of a teacher until he has obtamed a certificate of registration
in the manner hereinafter provided.
(ii) The application for registration b}'^ a manager or a member
of the Committee of Management shall be in the terms of Form 4
of the Schedule hereto.
(iii) The ai^plication for a certificate of registration by a teacher
shall be in the terms of Form 5 of the Schedule hereto.
(iv) The certificate of registration of a teacher shall be in the
terms of Form 6 of the Schedule hereto.
(v) Any person who contravenes any of the provisions of this
section, or supplies falsely or does not suppl}- in full any of the
information required by this section shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding tAvo hundred
and fifty dollars, and in the case of a second or subsequent
conviction to a fine not exceeding five hundred dollars.
Registration
of managers
and teachers.
PART IV.
CONTROL AND SUPERVISION OF SCHOOLS.
10. It shall be the duty of the Director to inspect personally
or cause to be inspected by an Assistant Director or Inspector
at least once in every year every registered school for the purjDose
of ascertaining if all the provisions of this Enactment or of any
regulations made hereunder are being complied with.
11. For the purpose of carrying out the provisions of this Enact-
ment or of any regulations made hereunder it shall be lawful for
the Director or any Assistant Director or Inspector to enter any
school at any reasonable time.
12. If it shall appear to the Director that any provision of this
Enactment or of any regulation made hereunder has not been
complied with in any registered school he may by notice in writing
to the manager of such school call upon such manager to comply
with any such regulation which is not being complied with at such
school before the expiration of such period not being less than
one month as may be stated in such notice by the Director and if
at the expiration of the period so stated such manager has failed
to comply with any requisition made in such notice it shall be
lawful for the Director if no appeal as provided under Section 13
is pending to strike such school off the register and such school
shall forthwith be deemed to be an unregistered school.
13. Any person who is dissatisfied with any decision of the
Director made under this Enactment may appeal to the Chief
Secretary whose ruling upon such matter shaU be final, provided
Inspection of
Schools.
Entry for
inspection.
Conduct of
School against
regulations.
Appeal against
decision of
Director.
778
No. 27 OF 1920.
Eight of appeal
to be mentioned
ill notice.
Contents of
appeal and
notice of
liearius?.
that any such appeal shall be notified in writing within one month
from the date of the communication of the decision of the Director.
14. Every notice given by the Director under Section 12 or
sub-section (ii) of Section 18 shall contain a note to the effect that
the manager or teacher of the school has a right of appeal to the
Chief Secretary from any decision of the Director within one
month from the receipt of the notice.
15. The grounds of every appeal shall be concisely stated in
writmg an.d fourteen days" notice of the hearing of the appeal shall
be given to the appellant. The appellant may, if he so desires,
be present at the hearing of such appeal and be heard in support
thereof either in person or by his advocate.
Kegister of
Schools to be
kept.
Change in
manager,
Committee of
Management,
and teachers to
be reported.
Power of the
Chief Secretary
to declare
certain Schools
unlawful.
Qrant^-in-aid.
PART V.
GENERAL.
16. The Director or an Assistant Director shall keep in each
State a Register or Registers of Schools in which shall be entered
the name of every registered school, and the name of the manager
of the school, and the names of each member of the Committee
of Management of the school, and the names of the teachers
employed in the school, and such particulars m connection there-
with as may from time to time be prescribed for the purposes of
carrj'ing out the provisions of this Enactment.
17. It shall be the duty of the manager to report to the Director
or an Assistant Director any change in the manager or Committee
of Management or teachers in any registered school, and any
manager who fails to report such change within one month from
its taking place shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding twenty -five dollars.
18. (i) If it shall appear to the Chief Secretary that any school
is being used for the purj30se of disseminating political doctrines
detrimental to the interests of the Federated Malay States or of
the public it shall be lawful for the Chief Secretary to declare such
school to be an unlawful school : Provided that before making
such declaration the Chief Secretary shall afford the manager an
opportunity of shewing cause why such declaration should not be
made.
(ii) If it shall appear to the Director that it is prejudicial to the
interests of the Federated Malay States or of the public or of the
pupils of any school that any person sh.ould be employed as a
teacher in such school, it shall be lawful for the Director by notice
in writing to cancel the certificate of registration issued to such
teacher under Section 9.
(iii) Any person who acts as manager of or as member of the
Committee of Management of or as teacher in an unlawful school
shall be guilty of an offence, and shall be liable on conviction to
a fine not exceeding five hundred dollars.
19. Grants-in-aid may be made by the Chief Secretary to such
schools and upon such terms and in such amounts as may be
prescribed by regulations made under this Enactment.
REGISTRATION OF SCHOOLS. 779
20. Tlie Chief Secretary may make regulations generally for Regulations.
carrying out the provisions of this Enactment and without prejudice
to such general power may make regulations providing for :
(a) the hygienic character and the proper sanitation of schools
or buildings ;
(b) the methods of enforcing discipline ;
(c) the prohibition of the use of any book, the use of which
appears undesirable ;
(d) the proper keeping of school registers and books of account ;
(e) the medical inspection of pupils in schools ;
(/) the distribution and management of grants-in-aid under
Section 19 ;
and such regulations when published in the Gazette shall have the
force of law.
21. Any person who shall commit any breach of the provisions Penalty for
of any regulation made under this Enactment shall be guilty of rl^iations.
an offence and liable on conviction to a fine not exceeding one
hundred dollars.
«
Schedule.
FORM 1.
, 10...
To the Director (or Assistant Director) of Education.
State of
Sir, — I have the honour to submit particulars as under of a school
of wliich I am the manager (or member of the Committee of
Management) at and to request you to issue a certificate
of registration for the same as an existing school under " The
Registration of Schools Enactment, 1920."
I am. Sir,
Your obedient Servant,
3Ianager,
or
Member of Committee of Management.
1. Name and address of school.
2. Name and address of the manager of the school.
3. Whether for boys, girls, or both.
4. The dimensions of each Class-room.
5. The average attendance for the past two months.
6. The syllabus of each Class or Standard.
7. The weekly time-table of each Class or Standard.
8. The times of roll-call.
9. The regular holidays.
10. The name, age, quaUfications, experience, and salary of each
teacher.
780 No. 27 OF 1920.
11. The names and addresses of and office held by each member
of the Committee of Management.
12. The fees and any remissions or reductions therefrom.
13. Any other sources of revenue —
(a) from Invested Funds or Landed Property ;
(6) from Public Subscriptions ;
(c) from Private Subscriptions.
14. The rent of the school premises.
15. Any debt or charge on the school.
FORM 2.
, 19...
To the Director (or Assistant Director) of Education.
State of
Sir, — I have the honour to submit particulars as under of a school
which it is proposed to open at and to request you to
issue a certificate of registration of the same under " The Regis-
tration of Schools Enactment, 1920."
I am, Sir,
Your obedient Servant,
Manager,
or
Member of Committee of Management.
1. Name and address of school.
2. Name and address of the manager of the school.
.3. Whether for boys, girls, or both.
4. The dimensions of each Class-room.
i).. The syllabus of each Class or Standard.
6. The weekly time-table of each Class or Standard.
7. The times of roll-call.
8. The regular holidays.
9. The name, age, qualifications, experience, and salary of each
teacher.
10. The names and addresses of and office held by each member
of the Committee of Management.
11. The fees and any remissions or reductions therefrom.
12. Any other sources of revenue —
(a) from Invested Funds or Landed Property ;
{h) from PubHc Subscriptions ;
(c) from Private Subscriptions.
13. The rent of the school premises.
14. Any debt or charge on the school.
REGISTRATION OF SCHOOLS. 781
FORM 3.
This is to certify that school has been registered as an
existing (new) school under '" The Registration of Schools Enact-
ment, 1920."
Director of Education.
State of
, 19...
FORM 4.
, 19...
To the Director (or Assistant Director) of Education.
State of
Sir, — I have the honour to request you to register me as a
manager or a member of the Committee of Management of the
school at
My address is
(Signed)
FORM 5.
, 19...
To the Director (or iVssistant Director) of Education.
State of
Sir, — I have the honour to submit particulars of myself as under
and to request j^ou to issue to me a certificate of registration as a
teacher under " The Registration of Schools Enactment, 1920."
My address is
(Signed)
1. Full name and surname.
2. Age and place of birth.
3. Where educated.
4. Qualifications.
5. The names and addresses of all schools where previously
employed, stating length of service at each.
6. Name and address of school where at present employed.
7. Present place of residence.
FORM 6.
This is to certify that at present employed as a teacher
at school situated at has been registered as a teacher
under " The Registration of Schgols Enactment, 1920."
Director of Education.
State of
, 19...
ENACTMENT NO. 31 OF 1920.
Phoit title,
commencement,
and repeal.
Interpretation.
Commissioner
and Deputy
Commissioners
to be appointed
by the Chief
Secretary.
An Enactment to consolidate and amend the law relating
to Customs Duties.
L. N. GriLLEMARD,
President of the Federal Council.
[14th December, 1920.
1st January, 1921.]
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 Customs
Enactment, 1920," and shall come into force on the first day of
January, 1921.
(ii) Upon the commg mto force of this Enactment the
Enactments mentioned in the first schedule shall be repealed.
(iii) All Customs duties imposed, and all rules, notifications, and
appointments made, under the provisions of an}' of the Enactments
hereby repealed shall, so far as they are not inconsistent with the
provisions of this or of any other Enactment for the time being in
force, be deemed to liave been imposed and made under this
Enactment.
2. In this Enactment unless there is something repugnant in the
subject or context — *
" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States.
*' Supervisor of Customs " means any officer appointed by
notification in the Gazette in such behalf.
■■ Principal Officer of Customs " means the Supervisor of Customs
or Assistant Supervisor of Customs, and in his absence from any
district and in districts in which there is no Supervisor or Assistant
Supervisor of Customs includes the District Officer and Assistant
District Officer.
■■ Proper Officer of Customs " means any officer of Customs
acting in the fulfihuent of the duties under this Enactment assigned
to him by the Commissioner of Trade and Customs.
" Goods " mean any animal or thing imported into or exported
from the Federated Malay States.
3. (i) The Chief Secretary may appoint an officer to be styled
the " Commissioner of Trade and Customs,"' hereinafter referred to
as " the Commissioner," and may also appoint officers to be styled
" Deputy Commissioners of Trade and Customs " who, subject to
such limitations as the Chief Secretary may prescribe, may perform
all duties imposed and exercise all powers conferred on the Com-
782
CUSTOMS. 783
missioner by this Enactment and every duty so performed shall
be deemed to have been duly performed for the purpose of this
Enactment.
(ii) The Commissioner with the approval of the Chief Secretary .Appointmeut of
may appoint such other officers as may be necessary for the officers!^
management and collection of the Customs, and the performance
of all duties connected therewith, on such salaries and allowances
as may be determined, and may require of every person now
employed or who shall hereafter be employed in the service of
the Customs, such securities for his good conduct as he shall deem
necessary.
(iii) The Commissioner shall be the Chief Officer of Customs and
shall have the general superintendence and management of all
matters relating to Customs throughout the Federated Malay
States subject to the direction and control of the Chief Secretary.
4. (i) The Chief Secretary may from time to time by notification Ports of import
in the Gazette fix the ports and places of import and export respec- ttoes^of"" ^'"^
tively and the places at which collecting stations shall be established business.
for the collection of import or export duties.
(ii) The Commissioner with the approval of the Chief Secretary
may from time to time by notification in the Gazette fix the days and
times during which any collecting station may be open for business.
5. (i) The Chief Secretary may from time to time by notification Customs duties,
in the Gazette fix the amount of Customs duties to be levied on any
goods and may from time to time cancel such duties and impose
new duties in the stead thereof and may from time to time exempt
any goods from the payment of duties.
(ii) The Chief Secretary may from time to time by notification warehouse
in the Gazette fix the amount to be paid as warehouse rent on any
goods deposited in any Customs warehouse and may make regula-
tions as to the custody and withdrawal of any goods so deposited.
6. The proper officer of Customs may board any vessel arriving customs officer
at any port and freely stay on board while such vessel shall remain to board^vwsei.
within the limits of such port, and if the master of any vessel on
board of which any Customs officer is stationed neglect or refuse
to provide such officer with sufficient room or accommodation
under the deck for his bed or hammock he shall be liable to a fine
not exceeding one hundred dollars.
7. The proper officer of Customs shall have free access to every Power to seal up.
part of the vessel, M-ith power to fasten down hatchways or goods^and^to
entrances to t^e hold, and to mark any goods before landing and open locks.
to lock up, seal, mark, or otherwise secure any goods on board
such vessel ; and if any place, box, or chest on board such vessel
be locked and the keys be withheld, such officer may open any
such place, box, or chest in the best manner in his power, and if
any goods be found concealed on board any such vessel they shall
be forfeited ; and if any officer shall place any lock, mark, or seal
upon any goods on board, and such lock, mark, or seal shall be
wilfully opened, altered, or broken before due delivery of such
goods, or if any such goods be secretly conveyed a^ay, or if the
hatchways or entrances after having been fastened down by the
784
No. 31 OF 1920.
Master or agent
to answer
questions.
officer be opened, the master of such vessel shall be liable on
conviction to a fine not exceeding five hundred dollars.
Time and place 8. No goods (except ice and fresh fish, which may be landed at
fnwa?d/°^ ^°°^^ ^^y time) shall be landed or put on shore from any vessel except
on the days and during the times when the collecting station is
open for business under the provisions of Section 4 Avithout the
permission of the proper officer of Customs, nor shall any goods
be landed or unshipped except in the presence or with the authority
of the proper officer of Customs nor shall any goods be so landed
except at some quay, wharf or other place duly appointed for the
landing or unshipping of goods, nor shall any such goods after
having been landed or unshipped or put into any boats or craft to
be landed be transhipped or removed into anj^ other boat or craft
previously to their being landed, without the permission of the
proper officer of Customs ; and if any such goods shall be unshipped,
landed, transhipped, or removed contrary hereto the same shall
be liable to seizure.
9. The master or agent of every vessel arriving in any port shall,
within twenty-four hours after arrival, present to the j^roper officer
of the Customs the manifest of the vessel together with a coi)y
thereof and from time to time and at all times shall answer all
such questions relating to the vessel, cargo, crew, and voyage as
shall be put to him by the proper officer of Customs and if he shall
refuse to answer, or if he does not answer truly, or if after his
arrival within three miles of the coast of the Federated Malay
States bulk shall have been broken, or alteration made in the
stowage of the cargo of such vessel so as to facihtate the unloading
of any part of such cargo before the manifest of such vessel or
cargo shall have been presented, or if any packages shall have been
opened, unless cause be shewn to the satisfaction of the Com-
missioner, in every such case the master or agent shall be liable
on conviction to a fine not exceeding five hundred dollars.
10. If the contents of any package intended for exportation in
the same vessel shall be reported by the master as being unknown
to him the proper officer of Customs may open and examine such
jDackages on board such vessel or may bring the same to the collect-
ing station for that purpose, and if there be found therein any goods
which are prohibited to be imported, or any goods subject to duty
on exj)ortation. the export duty on which has not been paid,
such goods shall be liable to seizure.
11. Any law or regulation to the contrary notwithstanding the
baggage of passengers arriving in or leaving the Federated Malay
States whether by land or water, may be examined and delivered
in such manner as the Commissioner shall direct, but if any goods
subject to duty shall be found therein after the owner or other
person in charge thereof shall have denied that any such goods
were contained therein, or if any prohibited or uncustomed goods
shall be found concealed therein either before or after the removal
of the baggage from the train, vehicle, or vessel whereby it has
arrived in the Federated Malay States or before or after the placing
of the baggage in or upon the train, vehicle, or vessel whereby it
is to leave the Federated Malay States the same shall be liable to
Packages
registered
'" Contents
unknown "
may be opened
and examined.
passengers.
CUSTOMS.
785
Combustibles
not to be
Oeposited ia
Customs
warehouse.
seizure together with the packages containing the same and all
the contents thereof, and the owner or other person in charge
thereof shall be liable on conviction to a fine not exceeding five
hundred dollars.
12. The proper officer of Customs may on the removal of any samples may-
goods from the train, vehicle, or vessel whereby the same have cus^om^ ^^ ^^^
arrived in the Federated Malay States or on the placing of any officers,
goods in or upon the train, vehicle, or vessel whereby the same are
to leave the Federated Malaj' States, or at any time afterwards,
take samples of the same for examination or for ascertaining the
duties payable on such goods or for other such purposes as the
Commissioner may have declared to be necessary and such samples
may be disposed of in such manner as the Commissioner shall direct.
13. No goods of a combustible or inflammable nature shall be
deposited in any Customs warehouse without the sanction of the
Commissioner, and if any such goods shall be landed the}' may be
deposited at the expense of the importer thereof in any place
that the Commissioner may deem fit, and whilst so deposited th*e
same shall be deemed to be in the Customs warehouse and shall
be liable to be dealt with at the expiration of fourteen days in the
same manner as goods of a similar nature actually deposited in the
Customs warehouse, unless dulj^ cleared or warehoused in some
approved warehouse in the meantime ; and such goods shall be
chargeable with such expenses for securmg, watching, and guarding
the same until sold, cleared, or warehoused as aforesaid, as the
Commissioner may deem fit.
14. All goods not being of a perishable nature deposited in a
Customs warehouse and not cleared within six months, and all
goods of a perishable nature so deposited and not cleared forthwith,
and all goods of an inflammable nature so dei^osited and not cleared
within fourteen days, may be sold by public auction, and the
balance, if any, after payment of duties, freight, and charges, shall
be paid to the owner of the goods ; and no officer of Customs shall
be liable to make good any damages which any goods may sustain
while in any Customs warehouse, unless the same shall have been
caused by his wilful neglect or default.
15. No compensation shall be made by the Government to the
owner, importer, exporter, consignor, or consignee of aiw goods by
reason of any damage occasioned thereto in any Customs warehouse
by fire or inevitable accident.
16. All necessary operations relatmg to the loading, shipi^ing. Lighterage,
unloading, unshipping, landing, carrying, weighing, opening, ^Tgoodfto belt
unpacking, repacking, bulking, sorting, and marking of goods shall the expense of
be performed by or at the expense of the owner, importer, exporter, exporter,
consignor, consignee, or agent as the case may be.
17. If any goods shall be removed from any railway station, Goods removed
vessel, quay, wharf, or other place without the permission of the without
£C £ m J. xi- • j-r. ■ I. x. permission may
proper onicer of Customs or otherwise than m such manner by oe seized.
such persons within such time and b}' such roads or ways as such
officer shall direct, the same shall be liable to seizure together with
everything packed therewith.
Ill — 50
Goods not
cleared within
specified period
may be sold.
Government
not liable for
compensation
for goods
damaged by fire,
etc.
786
No. 31 OF 1920.
Goods concealed
in packages
may be seized.
Goods not to be
shipped except
by authority of
the Customs
officers.
Dutiable
exports to be
declared.
Accounts to be
rendered in
prescribed form
and documents
relating to
goods produced
by exporter.
Officers Jiay
search for
smuggled eoods
on premises.
18. If any goods shall be found packed in any manner calculated
to deceive the officers of Customs so that a proper account of such
goods might not be taken the same shall be liable to seizure together
with everything packed therewith.
19. No goods shall be shipped, put off, or water-borne to be
shipped for exportation from any port or place in the Federated
Malay States except on the days and during the times when the
collectmg station is open for business under the provisions of
Section 4 without the permission of the proper officer of Customs
nor shall any goods be shipped, put off, or water-borne to be
shipped for exportation, or be exported by land from any place not
duly appointed for such purpose, or without the presence or
authority of the proper officer of Customs and any goods so shipped,
put off, or water-borne to be shipped or found being exported
contrary hereto shall be liable to seizure.
20. The exporter of any goods subject to duty on exportation
shall,
(a) before shipment thereof furnish to the proper officer of
Customs at the port of exportation, or
(6) if such goods are despatched by rail, before despatch
furnish to the officer in charge of the collecting station at
which the exporter intends to pay the export duties on
the said goods ; or
(c) if such goods are exported by road, before export furnish
to the principal officer of Customs of the district from
which such goods are exported
a true and full account of the weight, measure, quantity, description,
and value of all such dutiable goods to be exported by him ; and
it shall be lawful for such officers to cause any such goods to be
weighed, measured, assayed, and valued ; and if no account shall
be rendered or if the account rendered by the exporter shall be
false in any particular all such goods shall be liable to seizure, and
the exporter thereof or his agent shall be liable on conviction to
a penalty not exceeding two hundred dollars.
21. The account required by the foregoing section shall be
rendered by the exporter or his agent in the form in the second
gchedule to this Enactment or in such other form as the Commis-
.sioner may prescribe ; and the exporter or his agent shall subscribe
the declaration at the foot thereof, and on the demand of the proper
officer of Customs the exporter shall produce the invoice, bills of
lading, and other documents relating to the goods to test the
accuracy of such specification ; and on failure to comply with any
of the foregoing requirements the exporter or his agent shall be
liable to the same penalty as if no account had been rendered.
22. The proper officers of Customs on the written order of the
Commissioner may search any premises in Avhich they have reason-
able cause to suspect that any prohibited goods or any goods on
which the duty has not been paid are harboured, kept, or concealed,
and in case of resistance break open doors, chests, trunks, and
other packages ; and if any such goods be found in any premises the
occupier thereof shall be liable on conviction to a fine not exceeding
CUSTOMS. 787
five hundred dollars, and an\' such goods so found shall be liable
to seizure ; and if in any prosecution in respect of any goods seized
for non-payment of duties or any other cause of seizure or for the
recovery of any penalty or penalties under this Enactment any
•dispute shall arise as to whether the duties or customs have been
paid in respect of such goods, or whether the same have been
lawfully imported or lawfully unshipped, or concerning the place
from which such goods were brought, then in every such case the
proof thereof shall be on the defendant in such prosecution.
23. If any goods shall be landed from any vessel for which no Goods landed
manifest shall have been presented, or which are not included in ente°e'd u '"'''
the manifest of the vessel from which they shall have been landed, manifest and
or if any prohibited goods whatsoever shall be imported or brought woi" imported
into any part of the Federated Malay States, or if any goods which "^ ^^p""^'^*^-
are prohibited to be exported shall be brought to any quay, wharf,
or other place in the Federated Malay States in order to be put
on board any vessel for the purpose of being exported, or if any
goods which are prohibited to be exported or in respect of which
the export duty has not been paid shall be put on board any vessel
with intent to be laden or shipped for exportation, or if any goods
which are prohibited to be exported or in respect of which the
export duty has not been paid shall be found in an}' package pro-
duced to the officers of Customs as containing goods not so prohibited
or in respect of which the export duty has been paid ; or if any goods
subject to any duty or restriction in respect of importation or which
are prohibited to be imported into the Federated Malay States shall
be found or discovered to have been concealed in any maimer in or
upon any train or vehicle within the Federated Malay States or on
board any vessel within the waters of the Federated Malay States
or to have been imported into the Federated Malay States contrary
to such restriction or prohibition then and in every of the foregoing
cases all such goods shall be liable to seizure, together with any
goods that shall be found packed with or used in concealing them.
24. Any officer of Customs or other person acting in his aid, or customs o^ccn
duly employed for the prevention of smuggling, may upon reason- probable cause
able suspicion stop and examine any cart, wagon, or other vehicle stop carts an. i
for the purpose of ascertaining whether anj' smuggled or prohibited goods,
goods are contained therein ; and all persons owning or in charge
of such cart, wagon, or other vehicle refusmg to stop or allow any
such examination when required shall be liable on conviction to
a fine not exceeding five hundred dollars.
o
25. Any principal officer of Customs or any officer authorized by Pet'sons may be
him in that behalf in writing may cause to be searched any person officers have
on board any vessel within the limits of any port or any person r-ason to
•^ •,' J. 1^ JT 3ll3DeCt
who shall within the previous twelve hours have landed from any smuggled goods
such vessel or any person who may arrive by land, by train, cart, upoaThem.^''
wagon, or other vehicle, provided such officer shall have good
reason to suppose that such person has any uncustomed or pro-
hibited goods secreted about his p?rson and provided further that
no female shall be searched except by a female ; and if any person
shall obstruct any such officer in going, remaining, or returning
from on board or in searching such vessel, cart, wagon, or other
788
No. 31 OF 1920.
Power to
prohibit
imports and
exports.
Ports and
places of import,
export, and
removal.
Licenses.
Delegation of
power to issue
licenses.
Vessel may be
seized and"
detained
pending
determination
of charge.
Seizures to be
delivered to
Custotr.s.
vehicle, or person, every such person shall on conviction be liable
to a fine not exceeding five hundred dollars ; and if any passenger
or other person on any such vessel, cart, wagon, or other vehicle ^
or who may have arrived by any such vessel, train, cart, wagon,
or other vehicle, shall upon being questioned by any such officer
whether he has goods liable to duty upon his person or in his pos-
session deny the same, and if any such goods shall after such
denial be discovered to be or to have been upon his person or in
his possession such goods shall be liable to seizure and such person
shall on conviction be liable to a fine not less than three nor more
than twenty times the combined value of such goods and duty.
26. The Chief Secretary may, by notification in the Gazette^
prohibit the importation into or the exportation from the Federated
Malay States, or any part thereof, either absolutely or conditionally
or from or to any country, territory, or place without the Federated
Malay States in such notification to be specified, or the removal
from place to place in the Federated Malay States, of any animal
or thing.
27. The Chief Secretary may, by notification in the Gazette^
prohibit the importation into or exportation from the Federated
Malay States or any part thereof or removal from place to place
in the Federated Malay States of any animal or thing except at
ports or places specified in such notification.
28. The Chief Secretary may issue a license subject to such
restrictions and conditions as he thinks fit allowing the person
named in the license to import, export, or remove a.ny animal or
thing in respect of which a notification is in force.
29. (i) Any license authorized by this Enactment to be issued
by the Chief Secretary may be issued by any officer or officers-
authorized by the Chief Secretary in that behalf.
(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 m any case be
restricted to particular areas and may be varied or revoked by
the Chief Secretary.
30. If the owner, agent, or master of any vessel shall have been
charged with any offence under this Enactment the prmcipal officer
of Customs or any person authorized by him in that behalf in
writing may seize and detam such vessel pending the determination
of such charge and until paj'ment of the fine, if any, imposed in
respect of any such offence.
31. All vessels and all goods liable to seizure and all persons
liable to be detained for any offence under this Enactment may
be seized or detained in any place either on land or water by any
officer of Customs or by any public servant, and all vessels and
goods so seized shall, as soon as conveniently may be, be delivered
into the care of the principal officer of Customs of the port or
district or other proper officer of Customs appointed to receive
the same ; and the seizure of any goods shall be taken to include
the package in which the same are found and all the contents
thereof.
CUSTOMS. 789
32. Whenever any vessel or goods shall be seized under this Notice to be
Enactment the seizing oflficer shall forthwith give notice in writing officer^to^owne?
of such seizure, and of the crrounds thereof to the master of such of vessel? and
vessel or to the owner of such goods, if known, either by delivering
the same to him personally, or by letter addressed to him at his
place of abode if known, and transmitted by post ; provided always
that such notice shall not be required to be made on the seizure
of goods where the seizure is made on the person or in the presence
of the offender ; and all goods seized under this Enactment shall
be taken to be forfeited unless the person from whom such goods
shall have been seized, or the owner of them or some person
authorized by him, shall within one calendar month from the day
of seizing the same give notice to the principal officer of Customs
of the port or district that he claims the goods, or intends to claim
them .
33. The Resident of a State may order any vessel or goods seized Resident may
under this Enactment, whether forfeited or not, to be dehvered to to'^be^restor^a
the proprietor thereof upon such terms and conditions as he may
deem fit,
34. If any person shall make or sign any declaration, certificate, penalty on
or other mstrument required by this Enactment to be verified by ^^^^JL-^Jf^
signature only, the same being false in any particular ; or if any signing false
person shall make or sign any declaration made for the consideration u°tr™y"^^'
of any officer of Customs on any application presented to him, the answering
•■ . . . . questions, anut
same being false in any particular ; or if any person required by counterfeiting.
this Enactment to ansAver any questions put to him by any officer 'i<'™'»^'^*®-
of Customs shall not truly answer such questions ; or if any person
shall counterfeit, falsif\^ or wilfully use when counterfeited or
falsified any document required by this Enactment or by or under
the direction of the Commissioner, or any instrument used in the
transaction of any busmess or matter relating to Customs ; or
shall fraudulently alter any document or instrument or counterfeit
the seal, signature, initials, or other mark of or used by any officer
of Customs for the verification of any such document or instrument
or for the security of goods or any other purpose in the conduct
of business, relating to Customs or to the officers thereof, every
person so offending shall for every such offence be liable on
conviction to a fine not exceeding five hundred dollars.
35. Every person who shall be concerned in importing into or penalty for
exporting from the Federated Malay States any prohibited goods e'.!fj'i"f,
or any goods the importation or exportation of which is restricted regniations as--
contrary to such prohibition or restriction, M'hether the same be iniports'and
shipped, unshipped, or delivered or not, and every person Avho shall evadin^of"^
ship, unship, or deliver or assist or be otherwise concerned in the riirmei't of
shipping, unshipping, or deliver}^ of any goods Mhich are prohibited, "* """^ " ^~
or of any goods which are restricted and imported or exported
contrary to such restriction or of any goods in respect of which no
manifest shall have been presented or shall deliver, remove, or
withdraw from any vessel, quay, wharf, or other place previous to
the examination thereof by the proper officer of Customs except
in the presence or with the authority of such officer anj^ goods
imported into the Federated Malay States, or \\lio shall assist or
790
No. 31 OF 1920.
Penalty for
obstructing
officers and
rescuing goods.
Rewards to
informers and
others.
Penalty on
person offering
and receiving
bribes, etc.
be otherwise concerned in the illegal removal or withdrawal of any
goods from any Customs warehouse or place of security in which
they shall have been deposited, or who shall knowingly harbour,
keep, or conceal, or shall knowingly permit or suffer or cause or
procure to be harboured, kej^t, or concealed any prohibited or
restricted goods or goods on which the Customs duties have not
been paid, or any goods illegally removed, or to M'hose hands or
possession any such goods shall knowingl}^ come, or who shall be
in any way knowingly concerned in conveying, removing, depositing,
concealing, or in any manner dealing with any such goods with
intent to defraud the Government of any duties thereon, or to
evade any prohibition or restriction of or applicable to such goods,
or who shall be in any way knowingly concerned in any fraudulent
evasion or attempt at evasion of any Customs duties : shall in
each and every of the foregoing cases be on conviction liable to a
fine not less than three nor more than twenty times the combined
value of such goods and duty.
36. Every person who shall assault or obstruct any officer of
Customs or other public servant or any person acting in his or
their aid or assistance, or duly employed for the prevention of
smuggling, in the execution of his or their duty, or in the due
seizing of any goods liable to forfeiture under this Enactment, or
who shall rescue or endeavour to rescue, or cause to be rescued,
any goods which have been duly seized, or who shall before or
after any seizure stave, break, or otherwise destroy, any package
or goods to prevent the seizure thereof or the securing of the same,
shall, on conviction of any of the said offences : for the first offence
be punished by imprisonment of either description for a term not
exceeding nine months or by fine not exceeding one thousand
dollars or to both, and for a second or subsequent offence by im-
prisonment of either description for a term not exceeding eighteen
months and shall be also liable to a fine not exceeding two thousand
dollars.
37. The Resident of a State may offer such rewards as he may
deem fit out of any pecuniary penalty or composition to any officer
or other person by whose means the same is recovered, and may
order to be paid in respect of any seizure made under this Enact-
ment to the person or persons making the same such reward as he
may deem fit not exceeding the value of the goods so seized.
38. If any officer of Customs or other person duly employed for
the prevention of smuggling shall make any collusive seizure, or
deliver up, or make any agreement to deliver up or not to seize,
any ve?sel or other means of conveyance, or any goods liable to
seizure, or shall accept, agree to accept, or attempt to obtain, any
bribe, gratuity, recompense, or reward for the neglect or non-
performance of his duty, or conspire or connive with any person
to import or bring into the Federated Malay States or be in any
way concerned in the importation or bringing in of any goods
prohibited to be imported or brought in or liable to Customs duties,
for the purpose of seizing any vessel, or other means of conveyance,
or goods, and obtaining any reward for such .seizure or otherwise,
every such officer shall, on conviction under this Enactment, be
CUSTOMS. 791
liable to a fine not exceeding one thousand dollars ; and every
person who shall give or offer or promise to give or procure to le
given any bribe, gratuity, recompense, or reward to, or shall make
any collusive agreement with, any such officer or peison as afore-
said, to induce him in any way to neglect his duty or to do, conceal,
or connive at any act whereby any of the provisions cf any other
law relating to imports and exports may be evaded, shall, on
conviction imder this Enactment, be liable to a fine not exceeding
five hunch'ed dollars.
39. Nothing in this Enactment contained shall be deemed to conviction
prevent the prosecution, conviction, and punishment of any person i' "^.^"^ °''^'^'
accordmg to the provisions of an\' other law for the time being in
force in the Federated Malay States ; but so that no perse n shall
be punished more than once for the same offence.
40. (i) Any person, who imports, exports, or removes or attempts penalties,
to import, export, or remove or abets any other person in importing,
exporting, or removing or attempting to import, export, or remove
any animal or thing in contravention of the provisions of any
notification or rule made under this Enactment or of any license
issued thereunder, shall be guilty of an oft'ence. and on conviction
before a Magistrate of the First Class shall be liable to a fine not
exceeding five thousand dollars or to imprisonment of either
description for a term not exceeding twelve months or to both
such fine and imprisonment.
(ii) Where a companj^ or society is guilty of any such contra-
vention, every director, manager, secretary, and other officer of the
company or societj^, who is knowingly a j^arty to the contravention,
shall be guilty of an offence and liable to the like penalty.
41. (i) Where any person is convicted under Section 40 the confiscation.
animal or thing in respect of which the offence has been committed
shall be liable to confiscation by order of the convictmg Court,
(ii) Such confiscation may be in addition to any other penalty,
(iii) Where the importer, exporter or remover of prohibited
goods is not known or camiot be found, and by reason thereof or
for any other cause proceedings cannot be taken, the prohibited
goods may be confiscated by order of a Magistrate of the First Class.
42. All duties and penalties incurred under this Enactment may Mode of
be recovered by action in the name of the Commissioner. and pTnaity!^"''"^
43. A conviction for any offence under this Enactment may be court of First
had before the Court of a Magistrate of the First Class which shall Sit^trate to
have jurisdiction to impose any penalty provided by this Enact- hav°efuii
. "" ^ J r J f J jurisiliction.
44. (i) The Chief Secretary maj^ make rules Rules.
(a) to regulate the conduct of all matters relating to the collec-
tion of Customs duties ;
(6) to regulate the powers and duties to be exercised and
performed by officers of Customs ;
(c) to prescribe the manner in which goods subject to duty
shall or shall not be packed and to regulate or prohibit
the inclusion of goods subject to duty in the same package
or receptacle with goods not so subject ;
792
No. 31 OF 1920.
Protection
-of officers.
{d) to prescribe the penalty not exceeding a fine of five hundred
dollars Math which the contravention of any rule made
under this section shall be punishable ;
(e) to regulate the issue of licenses ;
(/ ) to prescribe the fees if any to be paid for such licenses ;
{g) to prescribe the method of importing, exporting, or removing
any animal or thing under a license ;
(h) generally to give effect to the provisions of this Enactment.
(ii) Goods in respect whereof there shall be a contravention of
any rule made under this section relating to the mamier of packing
or to the inclusion of goods subject to duty in the same package or
receptacle with goods not so subject shall be deemed to be prohibited
goods.
45. (i) No action shall be brought against any person for anything
done, or bona fide intended to be done, in the exercise or supjjosed
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 mtended action and of the cause thereof ;
(b) after the expiration of three months from the date of the
accrual of the cause of action ;
(c) after tender of sufficient amends.
(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 agamst the defendant
unless the Court, before which the action is tried, shall certify its
approbation of the action.
First Schedule.
ENACTMENTS REPEALED.
State Enactments.
State.
No. and year.
Short title.
Perak
10 of 1898
The Customs Duties Enactment,
1898
Selangor
9 of 1898
Do.
N. Sembilan
21 of 1897
The Customs Duties Enactment,
1897
Pahang
2 of 1898
The Customs Duties Enactment,
1898
Perak
21 of 1907
The Customs Regulations Enacti
1907
nent,
Selangor . .
20 of 1907
Do.
N. Sembilan
21 of 1907
Do.
Pahang
17 of 1907
Do.
CUSTOMS.
793
Federal Enactments.
No. and year.
Short title.
7 of 1915 j The Customs Regulations Enactments, 1907, Amend-
ment Enactment, 1915
25 of 1918 i The Customs Regulations Enactments, 1907, Amend-
ment Enactment, 1918 (No. 2)
Second Schedule.
(Section 21.)
ACCOUNT OF DUTIABLE ARTICLES EXPORTED.
To
The of Customs, at
I hereby declare that the following is a full and true account of
the weight, measure, quantity, description, and value of the dutiable
articles to be exported by me by ^ from - on the
day of 19. ..
Number and
packages.
Description.
Weight,
measure, or
quantity.
Value.
State of
origin.
Place
Date
19,
Exporter or agent.
1 State whether by rail, road, steamer, or sailing vessel.
2 State name of railway station or seaport, or point of export by road.
Piinlcd hy Hazell, Watson & Vine}/, Ld., London and Aylesbury.
Ill— 51
(.i
i^A
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
Form L9-32m-8,'58(5876s4)444
\\r '^m
X Malays states J — —
25.5 Federated. Laws,
M29c — Sta t uses , etc . -
v,3 Laws of the
F ederated Malsg^
States. 1877-
AA 000 640 644 1
K
25.5
M29c
V.3
