THE LAWS

OP THE

'STRAITS SETTLEMENTS.
 THE LAWS
OF T H E

STRAITS SETTLEMENTS
{REVISED-EDITIONl

VOLUME IL

litvised u}) to and including the ^\st day of December, 1919,

5?ti exclusive of War and Emergency Legislation.

. . PRINTED BY
AVATERLOW & SONS LIMITED, LONDON WALL, LONDON.
» . • 1920. .

\_Appoint(d hy the Government of the Colony of the itrails HrUkmcnIs ilic Goceriiment Frinters
for the purposes of this Edilioii of Laws icithin the meaning of the Emlence (Colonial
• Statutes) Act, 1907.]
OPERATION OF THIS VOLUME.

TABLE A.
O P E R A T I O N . A x n E F F E C T OF T H E ORDINANCES CONTAINED IN THIS
VOLUME.

Number and Title. Effect.

69, (Foreshores) . Repeals and consolidates the Harbours Ordinance VIII.

of 1872, as amended by the Harbours Ordinance
1872 Amendment Ordinance VIII. of 1906 and the
Merchant Shipping Ordinance X X X I I . of 1910;
the Foreshores and Sea-Bed Ordinance Ordinance I.
of 1901, as amended by the Foreshores and Sea-
Bed Ordinance 1900 Amendment Ordinance X I I I .
of 1902 ; and the Harbour Works and Foreshores
Reclamation Ordinance X. of 1912.
70. (Land Improve- Repeals the Land Improvement Ordinance II. of 1901,
ment) as amended by the Land Improvement Amendment
Ordinance VI. -of 1908, and the Land Improvement
Ordinance 1901 Amendment Ordinance I. of 1910.
71. (Malay States Repeals the Malay States Leper Asylum Ordinance VI.
Leper Asylum) of 1901. "
72. (Licences) Repeals the Licences Ordinance XVIII. of 1901.
73. (School Attend^ Repeals the School Attendance Ordinance I. of 1902.
ance)
74. (Trust Funds) Repeals the Trustee Investment in Straits Settlements
Government Securities Ordinance II. of 1902.
75. (Tramways) .. Repeals the Tramway Ordinance X. of 1902, as amended
by the Tramway Ordinance XXVIII. of 1907.
76. (Married Repeals the Married Women's Property Ordinance XI.
Women's of 1902.
Property)
77. (Cruelty to Repeals the Cruelty to Animals Prevention Ordinance
Animals) XIV. of 1902, as amended by the C'ruelty to Animals
Prevention Ordinance 1902 Amendment Ordinance
XXI. of 1903.
78. (Prevention of Repeals the Prevention of Crimes Ordinance XVI. of
Crimes) 1902.
79. (Telegram Repeals the Telegram Copyright Ordinance XXII. of
Copyright) 1902.
80. (Military Repeals and consolidates the Military Manoeuvres
Manoeuvres) Ordinance XXXI. of 1902, as amended by the
Military Manoeuvres Amendment Ordinance X. of
1911 ; and the Military Manoeuvres and Artillery
Practice Ordinance XXIII. of 1903, as amended by
the Military -Manoeuvres and Artillery Practice
Amendment Ordinance X I I . of 1908.
81. (Surveyors) Repeals the Surveyors Ordinance XXXVII. of 1902.
82. (Municipal Repeals the Municipal Theatre Ordinance V. of 1903.
Theatre)
 IV O P E R A T I O N OF T H I S V O L U M E .

TABLE A.—DI'EU.VJTUN AND EI-I'LCT- OK T H E OKUIN.VNCES CONTAINED

i.v THIS VOLUME—continued.

N umber and Title. Effect.

83. (Billiards) Repeals the Billiards Ordinance IX. of 1903.

84. (Cocos Islands) Repeals the Cocos Islands Ordinance XVIII. of 1903.
85. (Inquiry Com- Repeals the Commissions of Inquiry Ordinance XXII.
missions) of 1903.
86. (Coins) Repeals the Coin Import and Export Ordinance XXIV.
of 1903.
87. (Post Office) .. Repeals and consolidates tlie Money Order Ordinance
XII. of 1870 ; the Post Office Ordinance V. of 1904,
as amended by the Post Office Ordinance Amend-
ment Ordinance XIX. of 1907, the Post Office
Ordinance 1904 Amendment Ordiaance I. of 1909,
and the Post Office (iVmendment) Ordinance XXV.
of 1916 ; and the Government Savings Bank Ordi-
nance XV. of 1907.
88. (Wild Animals Repeals the Wild Animals and Birds Protection
and Birds) Ordinance XVI. of 1904, as amended by the Wild
Animals and Birds Amendment Ordinance V. of 1914.
89. (Widows' and Repeals the Widows' and Orphans' Pension Ordinance
Orphans' XIX. of 1904, as amended by the Widows' and
Pension) Orphans' Pension Ordinance 1901 Amendment
Ordinance XlV.^f 1905, the Widows' and Orphans'
Pension Ordinance 1904 Amendment Ordinance XIV.
of 1906, the Widows' and Orphans' Pension Ordi-
nance 1904 Amendment Ordinance VII. of 1908, the
Widows' and Orphans' Pension Ordinance 1904
Amendment Ordinance X X X I . of 1914, and the
Widows' and Orphans' Pension (Amendment) Ordi-
nance III. of 1917.*
90. (Railways) RepRls the Railway Ordinance IV. of 1905, as amended
by the Railway Ordinance 1905 Amendment Ordi-
nance XXIV. of 1905, the Railway Ordinance 1905
Amendment Ordinance VIII. of 1910, the Public
Authorities Protection Ordinance XL of 1912, the
Railway Ordinance 1905 Amendment Oidinance IV.
of 1914, the Railway (Amendment) Ordmance II.
of 1915, the Railway (Amendment) Ordinance XL
of 1917, the Railway (Amendment) Ordinance IX.
of 1919, and the Railway (Amendment) Ordinance
XXVI. of 1919.
91. (Poisons) Repeals the Poisons Ordinance X. of 1905, as amended
by the PoisSns (Amendment) Ordinance VI. of 1916.
92. (Mahomedan Repeals the IJ^ohammedan and Hindu Endowment
and Hindu Ordinance XVII. of 1905, as amended by the
Endowments) Mohammedan and Hindu Endowments Amendment
Ordinance VIII. of 1911.
93. (Corporations Repeals the Corporation Duty Ordinance II. of 1906.
Duty)
94. (Vagrancy) Repeals the Vagrancy Ordinance VI. of 1906, as amended
by the Vagrancy Ordinance 1906 Amendment
Ordinance XXII. of 1906.
 OPERATION OF THIS VOLUME. v

T A B L E A . — O P E R A T I O N AND E F F E C T OF T H E ORDINANCES CONTAINED

IN THIS V O L U M E — c o n t i n u e d .

'•Number and Title. Effect.

95. (Auctioneers' Repeals the Auctioneers Licensing Ordinance X. of

Licences) 1906, as amended by the Auctioneers Licensing
Ordinance 1906 Amendment Ordinance XXI. of 1906.
96. (Minor R'epea,ls the Minor Offences Ordinance XIII. of 1906, as
Offences) amended by the Minor Offences Ordinance 1906
Amendment Ordinance XXIV. of 1907, the Repeal
Ordinance X X X I I I . of 1907, the Minor Ofiences
Ordinance 1906 Amendment Ordinance XIV. of
1908, the Minor Offences-Ordinance 1906 Amend-
ment Ordinance V. of 1909, the Public Authorities
Protection Ordinance XL of 1912, the Minor
Offences (Amendment) Ordinance VII. of 1914, the
Minor Offences (Amendment) Ordinance XX. of
1918, and the Minor Offences (Amendment) Ordi-
• nance X X X I X . of 1919. •
97. (Singapore Repeals the Singapore Municipal Water Works (Loan)
Waterworks Ordinance III. of 1907, as amended by the Municipal
Loan) Loan (Amendment) Ordinance X X I X . of 1917.
98. (Loan) Repeals the Loan Ordinance IV. of 1907.
99. (Medical Repeals the Medical Registration Ordinance XI. of
Registration) 1907, as amended by the Medical Registration
(Amendment) Ordinance XII. of 1916.
100. (Penang Muni- Repeals the Penang Municipal Loan Ordinance XIII.
cipal Loan) of 1907, as amended by the Municipal Loan (Amend-
ment) Ordinance X X I X . of 1917.
101. (Courts) Repeals the Courts Ordinance XXX. of 1907, as amended
by the Courts Ordinance 1907 Amendment Ordinance
XI. of 1910 ; the Courts Ordinance 1907 (Amend-
ment) Ordinance X I I I . of 1914 ; the Courts (Amend-
ment) Ordinance X I I I . of 1915 ; and the Courts
(Amendment) Ordinance XXVI. of 1918.
102. (Civil Repeals the Civil Procedure Code Ordinance XXXI. of
Procedure 1907, as amended by the Civil Procedure Code 1907
Code) Amendment Ordinance XII. of 1909 ; the Libel
Ordinance VII. of 1915 ; and the Civil Procedure
Code Amendment Ordinance XV. of 1919.
103. (Stamps) Repeals the Stamp Ordinance XXXVI. of 1907, as
amended by the Stamp Ordinance 1907 Amendment
Ordinance II. of 1908 ; and the Stamp (Amendment)
Ordinance X X I I . of 1919.

TABLE B.
O R D I N A N C E S REPEALED BY T H I S VOLUME.

Number and Year. Title. Re.asoii for Eepeal.

V. of 1902 Governor's (Special Allowance)

Ordinance 1878 Repeal Had its effect.
XVI. of 1903 Hawkers Has never been put
into operation.
 vi O P E R A T I O N OF T H I S VOLUME.,

TAiiLE li.—OiJuiNANCES REPEALED BY T H I S Yoi^vuE^continued.

Nuniliei' find Year. Title. Keasou for Eepeal.

III. of 1904 Prince of. Wales' Island Tram- :

w.ays Loan .. .. .. Obsolete.
XXIII. of 1905 Temporary Loans .. ,. '' Had its effect.
XVin.ofl906 Public Servants Liabilities i
Ordinance 1889 iRejjpal .. Ildxl its effect.
XXVn. ofl906 Temporary Liquors Duty .. ' H a d its effect.
XXXni. of 1907 Repeal Had its effect.
All Supj^ly Ordinances from 1901 to 1907 are repealed by t'his Volume
as having^ had their effect.

TABLE C.
ORDINANCES FROM 1901 TO 1907 W H I C H ARE
NOT AFFECTED BY T H I S V O L U M E .

-Number and Year. Title.

XIX. of 1902 •Chinese Immigrants.

II. of 1903 Raffles Institution Acquisition {see Vol. V.).
VI!. of 1903 Presbyterian Church* of England Mission Incorporation
(see Vol. v.).
VIII. of 1903 Chinese Immigrants Ordinance 1902 Amendment.
X m . of 1903 Currency Note 1899 Amendment (see Vol. IV.). .
IV. of 1904 Currency Note Ordinance Amendment (see Vol. IV.).
VI. of 1904 Indian Immigration.
XI. of 1904 Volunteer Ordinance 1888 Amendment.
x m . of 1904 Sultan Hussain's Family (see Vol. V.).
XV. of 1904 Nederlandsch-Indische Handelsbank (see Vol. V.).
i n . of 1905 Currency Note Ordinance 1899 Amendment (see Vol. IV.).
V. of 1905 Banque,de I'lndo-Chine^Incorporation («ee Vol. V.).
VI. of 1905 Penang Free School (Incorporation of Committee) (see
Vol. v.).
XII. of 1905 Whipping Regulation (see Vol. III.).
XV. of 1905 Straits and Federated Malay States Government Medical
School (see Vol. V.).
I. of 1906 Currency Note Ordinance 1899 Amendment (see Vol. IV.).
V. of 1906 Currency Note Ordinance 1899 Amendment (see Vol. IV.).
XV. of 1906 Volunteer Ordhiance 1888 Amendment.
XIX. of 1906 Liquors.
XX. of 1906 Opium.
XXUI. of 1906 Currency Note Ordinance 1899 Amegdment (see Vol. IV.).
XXVI. of 1906 Ckirrency Note Ordinance 1899 Amendment (.see Vol. IV.).
V. of 1907 Penang^ I'onvent Jjieorporation (see Vol. V.).
X. of 1907 Peninsular and d3riental Steam Navigation Company
(VS,lidation of Grant) (see Vol. V.).
XVI. of 1907 Liquors Ordinance 1906 Amendment.
XX. of 1907 Liquors Ordinance 1906 Amendment No. II.
XXVI. of 1907 Chinese Immigrants Ordinance 1902 Amendment. *
 TABLE OF CONTENTS.

PAGE
Auctioneers' Licences, Ordinance No. 95 240
Billiards, Ordinance No. 83 92

Civil Procedure Code, Ordinance No. 102 331

Cocos Islands, Ordinance No. 84 .: ., 95
'Coins, Ordinance No. 86 102
Corporations Duty, Ordinance No. 93 .. 230
Courts, Ordinance No. 101 . . 279
Cruelty to Animals, Ordinance No. 77 73

Foreshores, Ordinance No. 69 1

Inquiry Commissions, Ordinance No. 85 . . 97

Land Improvement, Ordinance No. 70 10

Licences, Ordinance No. 72 18
Loan, Ordinance No. 98 .. .. .: 270
Mahomedan and Hindu Endowments, Ordinance No. 92 222
Malay States Leper Asylum, Ordinance No. 71 16
-Married Women's Property, Ordinance No. 76 66
Medical Registration, Ordinance No. 99 .. 272
Military Manoeuvres, Ordinance No. 80 . . 80
Minor Offences, Ordinance No. 96 246
Municipal Theatre, Ordinance No. 82 90

Penang Municipal Loan, Ordinance No. 100 277

PoisQns, Ordinance No. 91 .. 218
Post Office, Ordinance No. 87 105
Prevention of Crimes, Ordinance No. 78 76

Railways, Ordinance No. 90 175

School Attendance, Ordinance No. 73 19

Singapore Waterworks Loan, Ordinance No. 97 268
Stamps, Ordinance No. 1 0 3 . . 754
Surveyors, Ordinance No. 81 .. .. 87

Telegram Copyright, Ordinance No. 79 .. 78

Tramways, Ordinance No. 75 23
Trust Funds, Ordinance No. 74 . . 21

Vagrancy, Ordinance No. 94 235

Widows and Orphans' Pension, Ordinance No. 89 138

Wild Animals and Birds, Ordinance No. 88 134
Vol. I I .
 1
A.D. 1 9 0 1 .
Ss.' 1-3.

LAWS
OP THE

STEAITS SETTLEMENTS.

FORESHORES.
Ordinance No. 69.
[ORDINANCE VIII. OF 1872
11th October, 1872
ORDINANCE I. OF 1901
25th January, 1901
ORDINANCE X. OF 1912
1st September, 1913.]
To 'provide for reclamations and to validate and
facilitate leases or grants of foreshores and sub-
merged lands.
1. This Ordinance may be cited as Ordinance No. 69 short title.
(Foreshores).
2. In this Ordinance interpreta-
tion.
" Lands " includes messuages, lands, tenements
and hereditaments of any tenure;
" Works " means any of the works and things men-
tioned in paragraphs {a) to {e) of section 4;
" P o r t " means any port or place declared to be a
port under Ordinance No. 125 (Merchant
Shipping), and includes all such navigable
rivers and channels leading thereto as, are
declared, to be part thereof.

" 3.—(1) No person shall erect or build any sea vrall or Restriction on
river wall, or construct any revetment along the bank of ofTea aU°°
any port, river or channel, or erect any permanent build- "y^'^^]-
ing or structure within fifty feet of any such bank on banks of^'
except in accordance with plans and specifications *^4'g''°''
approved by the Colonial Engineer.
Vol. II. ' 1.
A.D. 1 9 0 1 .
Ss. 4 & 5.
FORESHORES.

(2) The decision of the Colonial Engineer as to the

plans and specifications with a statement of his-require-
ments shall be delivered within one month from the date
of the deposit of the plans and specifications, and if no
intimation of disapproval is given by the Colonial
Engineer within such time it shall be assumed that such
plans and specifications have been approved.
(3) For thp, purposes of this Ordinance the Colonial
Engineer or any officer authorized thereto by him in
writing may enter upon and inspect any buildings or
premises to which such plans and specifications relate.
Penalty.
(4) Any person who acts in contravention of this section
shall be liable to a fine not exceeditig two thousand
dollars.
(5) Any building or construction built or erected in
contravention of this section may be removed by order
of the Governor, and the cost of such removal shall be
recoverable ais a Crown debt from the person building or
erecting the, same.
(6) This.,section shall not apply to any property held-
by the Singapore Harbour Board and the Penang Har-
bour Board.
Authority 4. The Government may, subject to the approval of the
for the
Government Legislative Council, ' ^ ..
to cr.nstruet
public works (a) construct quays, wharves, jetties or other public
and reclaim
the foreshore works along or out from the foreshore of the
or sea-bed and
to lease the
Colony or in tlie sea-bed adjacent thereto;
(&) dredge the sea-bed;
(c)-reclaim any part of the foreshore or sea-bed of
the Colony;
(d) erect buildings upon any areas of land reclaimed
from the sea; and
- (e) alienate, lease or otherwise dispose of any part
of any reclaimed area. •
Declaration
regarding .• ^•~^}}- T^^ Governor in Council may, by proclamaT-
reclaimed
lands.
tion published in the Gazette, declare any lands formed
by the reclamation of any part of the foreshore of the
Lolony, or any areas of land reclaimed from the sea to
be Crown land, and thereupon s u ^ land shall imme-
diately vest m the Crown- freed and discharged from all
 3
A.D. 1 9 0 1 .
Ss. 6 & 7.
" . - -' FORESHORES.
\
public and private rights which may have existed or been
Claimed over "such foreshore or the sea-bed before the
same were so reclaimed.
(2)-All land-declared to be Crown land under this Scuo*'
section shall be subject to Ordinance No. 34 (Crown ordinance
Lands). - ^ NO. 34
'" ,, • (Crown
*• ; ' Lands).
6. Except as provided by this "Ordinance no. person Except as
shall i)e entitled to claim, and no action or proceeding Enlobe
-shall be brought, against the Government to recover any brought°in'
compensation in respect of any lands or of any interest Sages' ^"'^
therein which have been injuriously afiected by the
execution of the works.
7. There shall be a right of compensation in respect compensation
of any _ lands or of any interest therein which have fereJTce'with
been injuriously affected by the execution of the works public or'
if the damage in respect of which the compensation is •'n'™r*?ain^''^
claimed agrees with the following description and not cases.
otherwise :— . .
(a) damage caused by reason of what has been ,
authorized by this Ordinance;
(b) damage arising from the execution of the works
and not by their subsequent use;
' ^ (c) damage arising from that which would, if done
without the authority of this Ordinance, have
given rise to a cause of action; and
where the compensation is claimed in "respect of any
interference with'a public or private right
(d) damage arising from a physical interference
with a right, public or private, which the
owner or occupier of property is by law
entitled to make use of in connection with
such property, and which gives an additional
market value to such property, apart from
the uses to which any particular owner or ,
occupier might put i t :
Provided that where the right which the owner or
occupier of the property is entitled to make
use of is one which he possesses in common
with the public there is something peculiar to
the right in its connection with the property
to distinguish it from that which is enjoyed
by the public generally.
Vol. II. 1A
 4
A.D. 1 9 0 1 .
S. 8. -
FORESHORES.
Notice 8.—(1) If it appears to the Governor in Council that
requiring
'persons who any reclamation, construction, erection or other works
claim such or things in the course of being, or which are about to
, rights have
be?n be carrie'd out under the powers contained in this Ordin-
interfered ance, may give ri^e to any claims for compensation on
with to
furnish account of any such works or things injuriously affecting
particulars of
their claims.
any lands or any interest therein, the Governor may
publish a notification in the Gazette requiring all per-
sons who claim that any such injurious affecting has been
caused by any works in the course of construction, or will
be caused if any such works, or any works about to_ be
commenced, are carried out, to give notice of their claims
to the Colonial Secretary, together with full particulars
of the nature of the damage that is claimed to have been
or to be likely to be caused, and showing, as the case may
require, whether the claim is made in respect of a partial
interference, or the entire loss of any right, or alterna-
tively, together with the amount and particulars of the
compensation claimed for such partial interference or
entire loss, as the case may be.
(2) Every such notification shall describe the works
intended to be carried out or done by reference to a plan
or plans thereof, which shall contain such information
of the extent and nature of the works as will be sufficient
to enable any owner of property in their vicinity to
know whether any lands or any interest therein in
respect of which he would be entitled to claim compensa-
tion, if injuriously affected, are likely, and to what extent,
t ^ e so affected by such works.
- (3) A copy of such notification shall be served on all
persons known or believed to be interested in the same.
(4) Such plan or plans shall be open for inspection by
any person at all reasonable times.
(5) No person shall be entitled to any compensation
for the injurious affecting of any lands or of any interest
therein in any case where the compensation is claimed
in respect of any interference with a public or private
right unless he has given the notice of his claim or
claims, required by this section, within six months from
the date of the publication of the notification by the
Governor in Council, or in any other case unless the
claim is made within three years from the date when a
eause of action would, if the execution of the works
 5
A.D. 1 9 0 1 .
Ss. 9 & 10.
FORESHORES.

causing the damage had not been authorized by this

Ordinance, have first arisen.
(6) The time herein allowed for giving notice of a Proviso.
claim in respect of interference with a public or private
right shall not begin to run against any claimant unless
he might have known by inspecting the plan or plans that
the injurious affecting complained of would be likely to
•j)ccur if the works were carried ,out mainly in the manner
therein described.
9.—(1) When a claim is not admitted on the ground Procedure for
that the damage is not such as is a subject of compensa- theTii'M'tl?
tion under this Ordinance, the question of the right of compensation.
compensation may be tried and determined by a Judge
upon proceedings commenced by way of an originating
summons issued at the suit of the claimant against the
Attorney-General to be entitled " In the matter of a
claim under Ordinance No. 69 (Foreshores)."
(2) Upon the hearing of the summons the parties
shall, if it is necessary for the decision of the question
to be determined, be directed to prepare issues of the
facts in dispute, and such issues shall, if the parties
differ, be settled by the Judge.
(3) The parties shall proceed to trial of the right of
the claimant to compensation, and of any such issues of
fact, without formal pleadings.
(4) Sixch issues shall be entered for trial and tried in
the same manner as any issue joined in an ordinary
action, and the proceedings shall be under the control and
jurisdiction of tjie Judge in the same way as proceedings
m an action brought under the Civil Procedure Code.
(5) The Judge shall declare whether the right of the
claimant is or is not established, and make such order
as to the payment of the costs of the proceedings and
trial and for their taxation as he sees fit.
(6) An, appeal shall lie from a declaration and order
under this section in the same way as from a final order
of the Supreme Court.
10.—(1) When a claim is not admitted on the ground ^f^Z""^
only that the amount of the compensation claimed is ex- collector of
cessive or when, after the right of a claimant has been ^^f^^^^^
declared by a Judge to be established, the parties cannot
6
A.D. 1 9 0 1 .
Ss. 11 & 12.
FORESHORES.

agree as to the amount of compensation to be paid, the

Collector of Land Revenue shall, on the direction of the
Colonial Secretary, proceed to inquire summarily into
and determine the amount of the compensation.
(2) If the claim is made in respect of interference with
a public or private right he shall determine by how much
at the date of the notice of the claim the market value o f
the property in connection with which a right was enjoyed
was decreased by the loss of, or interference with, the
right, as the case may JDC, which shall be deemed to be the
true measure of the compensation to be paid to the

AppUcationof 11.—(1) The provisious o|^Ordinanoo No. 10 (Acqui3i>-^

No'^'rr'^^ tion of .Land) so far as they relate to the procedure for
(Acquisition couductiug iuqulries under that Ordinance and the powers
of Land). vested in the Collector for that purpose and for making
an oft'er and award or referring the matter to the deter-
mination of the Court, and the procedure to be followed
by the Court on such reference and the power to appoint
assessors and to make an award and for apportionment
of compensation and generally all such provisions as
having regard to the nature of the inquiry, the matter to
be determined and the provisions of this Ordinance, can
properly be applied, shall be applicable to every inquiry
held by the Colleetor of Land Revenue under this Ordin-
ance and to any matter referred thereunder by him to
the Court.
(2) No appeal shall lie from the award of the Court
save on a question of law.

belntit'ied'in ^.2-"~(^) Evcry persou who, in compliance with any

certain cases notification published under section 8, gives notice of a
exceeding ^^^™ ^^^ Compensation under this Ordinance shall be
|5oo incurred entitled to be paid by the Government such reasonable
mjreparing ^osts and cxpeuscs not exceeding together the sum of
five hundred dollars as it was necessary for him to incur
for the purpose of preparing his claim in accordance with
the requirements of such section in any of the following
cases:—
{a) if the right to compensation and the amount
claimed are admitted;
{h) if the right to compensation is established and
the amount of the claim is not disputed;
 7
A.D. 1 9 0 1 .
Ss. 13 & 14.
FORESHORES.

(c) if the right to compensation is admitted or estab-

lished but the amount of the claim is dis-
puted and not more than one-third thereof is
disallowed; or
(d) if the works described in the plan referred to in
the notification are not carried out or their
extent or nature is modified so that the
claimant's property will not be injuriously
affected by them.
(2) Every claim to costs and expenses made under this
section shall be confined to the proper costs and expenses
of preparing the notice of claim and shall not extend
to include costs incurred in retaining counsel or of
obtaining and advising upon the evidence required to
substantiate a claim to compensation.
(3) The costs shall, in case of difference, be settled by
the Registrar of the Supreme Court on the application
of the claimant or the Attorney-General.
(4) Save as provided by this section no person shall be
entitled to claim, and no action or proceeding shall be
brought, against the Government in respect of any costs
or expenses or other loss or damage incurred or suffered
by reason of his being affected by any notification issued
in pursuance of section 8.

1 3 . Where any lease or grant has, prior to' the twenty- fojmergran*ts
fifth day of January, 1901, been made by the Governor of
any land being part of the foreshore or sea-bed within the
territorial waters of the Colony, and before the said date
such land has been reclaimed or wharves, docks, landing
stages or other works or buildings have been erected
thereon, such lease or grant shall be deemed to be a valid
conveyance and to have conveyed the foreshore or sea-
bed, thereby expressed to be demised or granted, free and
discharged from all public rights which have existed
or been claimed over such foreshore or sea-bed before the
making of such grant or lease.

, 14.—(1) The Governor may make such leases of the Power to let
foreshore and sea-bed in the Colony or in any tidal river R^-bedTn"''
or channel therein as are declared by the Governor in fi^siire.
Council not to create a substantial infringement of public
rights.
8
A.D. 1901.
S. 14.
FORESHORES.

(2) The term for which any such lease is gi-anted shall
not exceed one hundred years except in special cases
with the approval of the Secretary of State.
Preliminary (3) Bcforc auy such declaration is made by the Gover-
procedure. ^^^ ^^ Couucil thc substaucc of any such lease with a
sufficient description of the property intended to be
demised shall be inserted in every ordinary issue of the
• . Gazette during a period of three months, together with
a notice calling upon all persons having objections to the
making of such lease to send in their objections in writ-
ing to the Colonial Secretary before the expiration of
the said period of three months, and all such objections
shall be duly considered by the Governor in Council.
Efeecfcof (4) Every such lease shall specify the purposes for
^eases un er .^j^j^j-, j-]^g Isnid is required and shall be deemed to convey
Ordinance. to the Icssee the foreshore or sea-bed, expressed to be
Covenantsand , , I - I P I T I i f n IT
Provisos to be thereby demised, tree and discharged from all public
thereiu"^'^ rights aud privileges which have existed or may be
claimed in or over such foreshore and sea-bed so far as
is necessary for carrying out the said purposes and shall
contain
(a) a proviso that in the event of the lessees, their
executors, administrators and assigns or suc-
cessors, as the case may be, failing at any
time during the continuance of the term of
the said lease to use the demised land for the
purposes so specified, then the Collector of
Land Revenue of the Settlement or District
in which such demised land is situate or any
officer authorized by him in writing may on
behalf of the Crown re-enter on such land,
foreshore or sea-bed, or on any portion
thereof in the name of the whole and there-
upon the same shall be forfeited to and vest
in the Crown;
(b) such covenants and provisos as are approved
in each case by the Governor in Council with
regard to the construction and use of any
works to be made and done upon the said land
and as to the time within which such works
shall be commenced and completed; and
S^ofthe (^) ^ reservation to the Crown of all mines and
Crown. minerals under the demised lands and such
 9
A.D. 1 9 0 1 .
Ss. 15 & 16.
FORESHORES.

covenants as to the working of such mines

and minerals as the Governor in Council in
each case approves.
15.—(1) The Governor may rent or farm, either in one governor in
or several lots by Qjiblic sale or by public tender with far'^° "^''
such limitations and restrictions as to the charges to be j-ightof "fng
^ tiG3,cri6s etc
made by the renter or farmer, as to the Governor seems
fit, the use of the beaches and banks of the sea at the
several Settlements.
(2) Rents agreed to be paid under this section shall be
recoverable as Crown debts.
(3) If the right of using the beaches and banks of the ^°^ ^'"'"'^^
sea are granted by the Governor to farm either for a i"ents.
whole Settlement or for particular parts or places in a
Settlement, the farmer shall be entitled to recover pay-
ment from the tenant or person using the rights granted
to the farmer in a suit by the farmer against such tenant
or person for money paj^able by the defendant to the
farmer for the use of the farmer's rights, describing the
extent of the same as agreed on between the parties.
(4) No such farmer shall recover a larger sum than
that specially agreed on between him and the tenant nor
a larger sum than that permitted in the grant by the
Governor to be charged by the farmer.

1 6 . Nothing in this Ordinance shall be deemed to saving as

be in derogation of any of the powers or rights of the Jig*tt™'^°'®
Crown in respect of the foreshore or territorial waters in
the Colony, nor shall anything in this Ordinance be
deemed to affect any right or claim as between lessees and
their sub-lessees or tenants between themselves.
 10
A.D. 1 9 0 1 .
Ss. 1-4.

LAND IMPROVEMENT.

Ordinance No. 70.

[ORDINANCE II. OF 1901;
15th February, 1901.]

To provide for the imfvovement of Agricultural iMnd.

Short title. 1. This Ordinance may be cited as Ordinance No. 70

(Land Improvement).
Works con- 2. The following works and repairs may be carried
templated by
the Ordin- out under this Ordinance :—
ance.
(a) works constructed to prevent the inundation of
marsh lands by sea;
{b) irrigation works;
(0) drainage works;
(d) any works of a similar nature which are neces-
sary or expedient for the improvement of agri-
cultural lands;
(e) any repairs to, including the maintenance in
repair of, any of the above works, whether the
same are works that have been carried out
under this Ordinance or were in existence
prior to the fifth day of February, 1901.
Expediency 3 . The District Officer or Collector of Land Revenue
of work
determined by of any District may, either of his own motion or at the
meeting of request of three or more proprietors of agricultural land
proprietors.
within the District, call a meeting of the proprietors of
any lands within his District which are likely to be
affected by any proposed work or repairs, and may require
them, in the notice calling such meeting, to show cause
thereat why such work or repairs, as the case may be,
should not be carried out under this Ordinance.

Eeport by 4.—(1) If a majority consisting of not less than two-

District
Ufficer. thirds of the proprietors present at the meeting, either
in person or by proxy in writing, object to the proposed
work or repairs being carried out, and duly evidence
 11
A.D. 1 9 0 1 .
Ss. 5 & 6.
LAND IMPROVEMENT.

their objection by recording their votes against the pro-

posal, the District Officer or Collector of Land Revenue
shall declare that sufficient cause has been shown why
the proposed work or repairs should not be so carried
out; otherwise he shall declare it to be determined that
it is expedient that ^uch work or repairs should be carried
out under this Ordinance, and shall forward a report of
such determination to the Governor in Council.
(2) Such report shall show approximately the holdings
of land likely to be aft'ected, including Crown lands, and
the names, so far as he can ascertain the same, of the
proprietors of such holdings.
(3) When it is determined under this section that it
• is expedient that any work shall be placed in a state of
repair and subsequently maintained in repair, or placed
in a state of repair without provision being made for its
subsequent maintenance in repair, the provisions of
sections 5 to 16 shall mutatis mutandis apply to the
placing of such work in a state of repair with or with-
out its subsequent maintenance in repair, the carrying
out of such repairs and provision required for such
maintenance being treated for the purpose of such
application as equivalent to the construction of a work
under this Ordinance.

5, If it appears to the Governor in Council expedient Specification

that the proposed work should be undertaken by Govern- °* '™"''"-
ment, the Governor shall appoint a committee consisting
of two or more persons to make a detailed specification,
showing
{a) the particulars of the work to be undertaken;
(6) the approximate cost of the construction of the
work;
(c) the approximate cost per annum of maintenance;
{d) the lands to be benefited by the work.

6__(1) The specification, with a plan of the land, shall ^^po^it^rf ^

be deposited with the District Officer or Collector of Land f^'ob]"ns.
Revenue of the District or Districts within which such
work is to be carried out, and shall remain so deposited
and open to inspection at all reasonable hours for a period
of three months.
12
A.D. 1 9 0 1 .
Ss. 7 & 8.
LAND IMPROVEMENT.

(2) Notice of such deposit shall be published in the

Gazette and in at least one local newspaper, and shall
be posted in such conspicuous places on and in the neigh-
bourhood of the lands to be affected as the Collector of
Land Revenue or the District Officer determines, calling
VL\)OU all persons objecting to the said work to send in
their objections in writing to the Colonial Secretary'
within the said period of three months for the con-
sideration of the Governor in Council.
Procedure 7.—(1) At the expiration of the said period of three
when Gover-
nor in months the Governor in Council shall consider the speci-
Council fication and the objections thereto, and if after such
decides work
to be carried consideration he decides that the work shall be carried
out. out, the committee before mentioned, or another like
committee appointed by the Governor, shall make a
further specification, showing
(a) the lands to be benefited by the work, including
Crown lands, distinguishing the various hold-
ings;
(&) the extent of each holding;
(c) the name of the owner or reputed owner of each
holding;
{d) the proportion of the cost of the work to be borne
by each holding, which need not necessarily
be determined by the extent of such holding.
(2) In estimating the proportion of the cost to be borne
by each holding, the committee shall take into considera-
tion not only the extent of such holding, but also the
relative amount of benefit which it may be expected to
derive from the execution of the work in comparison with
other lands benefited.
Deposit of the 8.—(1) Such last-mentioned specification shall be
specification
for objection. deposited with the Collector of Land Revenue or the
District Officer or officers of the district or districts
within which the work is to be carried out, and shall
remain so deposited and open to inspection at all reason-
able hours for a period of three months.
(2) Notice of such deposit shall be, as far as possible,
served upon every owner or reputed owner named in the
specification, and shall be posted in such conspicuous
places on and in the neighbourhood of the lands to be
 13
A.D. 1 9 0 1 .
Ss. 9-11.
LAND IMPROVEMENT.

benefited as the Collector of Land Revenue or the District

Officer determines, calling on all persons objecting to
the said specification to send in their objections to the
Collector of Land Revenue or the District Officer in
writing within the said period of three months.
(3) Where notice cannot be served on any owners or
occupiers or reputed owners or occupiers owing to their
present residence being unknown, or for any other reason,
a copy of such notice, together with a list of all the owners
and occupiers and reputed owners and occupiers on whom
the same cannot be served, shall be posted in English,
Malay, Tamil and Chinese at the nearest Mosque, Police
Station and Police Court to the lands mentioned in such
notice.

9.—(1) All objections so made shall be heard and objections

' ," DOW iiGa,rcl unci
determined in Singapore, Penang and Malacca by the determined.
Colleetor of Land Revenue, and in Province Wellesley
by the Senior District Officer.
(2) The decision of the Collector of Land Revenue or
Senior District Officer, as the case may be, shall be final,
and the specification as settled by the Collector of Land
Revenue or by the Senior District Officer shall be
conclusive evidence of the facts stated therein.
10.—(1) Every such work shall be carried out under ^°;* ^^^f^^^^^j":
the supervision of the Colonial Engineer, or such officer
of his Department as he appoints, and the cost of the
construction of every work carried out under this Ordin-
ance shall in the first instance be defrayed out of the
general revenue of the Colony, and shall, together with
interest at the rate of six per centum pen annum, be
payable by the proprietors of the lands benefited in the
manner hereinafter provided.
(2) No interest shall be payable in respect of the cost
of any work which the Governor in Council decided
before^the first day of April, 1910, should be carried out.

1 1 . Interest at the rate aforesaid, if payable, shall Kepayuent

be calculated on the said cost and on the amount which pJX°s.
will for the time being remain unpaid, in accordance
with such rules as the Governor in Council prescribes,
and the sum of principal and interest shall be
14
A.D. 1 9 0 1 .
Ss. 12 14.
LAND IMPROVEMENT.

apportioned among such proprietors in accordance_ with

the specification mentioned in section 9, and the portion of
the cost and interest payable in respect of each such
holding shall be paid by the proprietor thereof m ten
equal yearly instalments**
Repairs of
works not
"12.—(1) Where repair is required to a work which
exceeding was not constructed under this Ordinance, but is of
$1,000 maybe one of the kinds specified in section 2, and the
executed by
Rural Board. cost of such repair will not exceed one thousand
dollars, the Rural Board of the District within which
the work is situate may, with the consent of the Governor
in Council, execute the work out of the general revenue
of the Colony, apportioning the amount of the cost, with
interest at the rate of six per centum per annum, aniong
the proprietors or reputed proprietors of the holdings
benefited by the work, who shall repay the same in the
manner hereinafter provided. .•>
(2) Any repair executed by a Rural Board under this
section shall be deemed to be a work which has been
constructed' under this Ordinance, and, subject to this
section, sections 11, 13, 15 and 16 shall be applicable to
the work and to the cost thereof.
Requisition 13.—(1) When any work has been constructed under
tor payment.
this Ordinance, the District Officer shall cause a requisi-
tion to be served on the proprietor of each holding, stating
the total amount payable and the amount of each instal-
ment payable in respect of such holding, and calling upon
such proprietor to pay such amount once in every year,,
at the office of the Collector of Land Revenue or the
District Officer, on a day to be specified in such
requisition.
(2) In default of payment, the amount of any instal-
ment due and payable may be recovered in manner herein-
after provided.
Cost of 14.—(1) When any work has been constructed under
maintenance.
this Ordinance, the lands benefited and the proprietors
thereof shall, upon the expiration of the period of ten
years limited for the repayment of the cost of construc-
tion of such work, be severally bound and liable to an
annual rate not exceeding fifty cents per annum per acre
for the maintenance of- such work.
 15
A.D. 1 9 0 1 .
Ss. 15 & 16.
LAND IMPROVEMENT.

(2) Such rate shall be assessed upon each holding

benefited by the work, including ,Crown lands, by the
Collector of Land Revenue or the District Officer within
one year from the expiration of the said term of ten
years, and such assessment may be revised by him once
• in every five years.
(3) A copy of every assessment or revised assessment
shallbe served on each of the proprietors by whom such
rate is payable.
(4) The rate so assessed shall be due and payable in
respect of each holding on the first day of January in
each year, and may be added to the assessment, if any,
payable to Government in respect of such land under any
Municipal Ordinance for the time being in force and
collected together with such assessment.

15.- All sums payable in respect of any instalment or Sums payable

rate due in respect of any works constructed under this ordinance to
Oi-dinance shall be a first charge upon the several lands ^"^« ^'^^
,; in respect of which such sums are payable, and shall i^nd^" BOV"
take precedence over all mortgages, charges and incum- recoverable.
brances whatsoever, and in case of default may be
recovered in the manner prescribed by any Municipal
Ordinance for the time being in force for recovery of
assessment under that Ordinance.

16. A certificate under the hand of the Collector of i^X'ssei°s-'

Land Revenue or the District Officer, containing a mcnts to be
<i§chedule giving particulars of the requisitions made in ™°'^ ^'^ •
respect of any work done under this Ordinance, and
of the holdings in respect of which such requisitions
are made, and also a like certificate containing a
schedule giving particulars of every assessment made
in respect of the maintenance of such work, shall be
presented for registration to the Registrar of Deeds at
the Settlement in which the lands affected thereby are
situate, and shall be registered by him free of charge.
16
A.D. 1 9 0 1 .
Ss. 1-4.

MALAY STATES LEPER ASYLUM.

O r d i n a n c e No. 71.
[ORDINANCE VI. OF 1901;
29th March, 1901.]
To establish an asylum for the reception and segregation
of lepers from the Federated Malay States.
Short title. 1. This Ordinance may be cited as Ordinance No. 71
(Malay States Leper Asylum). •
Interpreta- 2. In this Ordinance
tion.
" Leper" means any person suffering from any
variety of leprosy;
" Qualified Medical Practitioner" means a person
registered as such under the laws in force in
the Colony or the Federated Malay States;
" The Asylum " means the leper asylum to be estab-
lished under this Ordinance, and includes the
whole of any island on which such asylum
is established.
Power to 3. The Chief Secretary to the Government of the
Chief Sec-
retary to Federated Malay States may establish on such island,
establish
Asylum.
within the limits of the Straits Settlements, as is
agreed upon between the Governor in Council and the
said Chief Secretary to Government, an asylum for the
reception and detention of lepers from the Federated
Malay States, and may appoint a fit and proper person
to be medical officer in charge of such asylum and such
other officers of such asylum as he thinks fit.
Le])crs from
Malay States 4.—(1) Such medical officer in charge and other officers
to be detained. may receive and detain in the asylum such persons being
lepers as are sent from the Federated Malay States
to the asylum for detention.
(2) No person shall be so detained without
(a) an order in Meriting authorizing his detention
signed by the Resident or Secretary to the
Government of the Federated Malay States
or by the officer in charge of the district
within which such person has been found;
 17
A.D. 1 9 0 1 .
Ss. 5-10.
MALAY STATES LEPER ASYLUM.

(b) a certificate under the hand of a qualified

medical practitioner that such person is a
leper.
5._ Every person received into the asylum may be Discharge.
detained there until he is removed or discharged bv an
order in writing of the medical officer in charge.
6. Any leper who escapes from the asylum while law- Recapture of
fully detained therein may be pursued "and recaptured ^^^f ^'™i''
by the medical officer in charge or any other officer or
servant belonging thereto or by any police officer, and
may be again conveyed to and received and detained in
the asylum.
7. Any person who aids or abets the escape of any Penalties for
leper from the asylum, or conceals or abets the conceal- lopers'tf
ment of any leper who has escaped therefrom, shall be ^^''''P^-
liable to a fine not exceeding fifty dollars or to imprison-
ment of either description for a term which may extend
to one month, or to both.
8. The Governor, the Colonial Secretary, the Resident ^^^^^^
Councillor of Penang, the Principal Civil Medical Officer inspect the
and such other persons as are authorised by them may at -'^^yi""-
all times visit, enter and inspect the said asylum and
every part thereof.
9.—(1) Subject to this Ordinance, the Chief Secre- ^X'rls.
tary to Government may make rules for
(a) the management, inspection and control of the
asylum;
(b) the landing of persons on the island upon which
the asylum is established;
(c) the visiting of lepers in the asylum by their
relations and friends;
(d) the appointments and duties of officers of the
asylum;
(e) any other matters for carrying into effect the
objects of this Ordinance.
(2) No rules shall come into force until they have been
confirmed by the Governor in Council and published in
the Gazette.
10. Any person who commits any breach of this Ordin- Penalties.
ance for which no penalty is expressly provided, or any
breach of any rules made thereunder, shall be liable to a
fine not exceeding fifty dollars.
Vol. II. ^ 2
 18
A.D. 1 9 0 1 .
Ss. 1-4.

LICENCES.

Ordinance No. 72.

[ORDINANCE XVIII. OF 1901;
1st November, 1901.]

To extend the power to grant Licences.

Short title. • 1 This Ordinance may be cited as Ordinance No. 72

(Licences).

Loerpreia- £. In this Ordinance

"Licence" includes a pass and a permit;
"Grant," when used wath reference to a licence,
includes issue or give.

Power to 3 — n \ Whenever by any written law power is given

(jrOvsrnor to • , "^ .
substitute to t h e Chief Police Officer to g r a n t licences for a n y
fOT^cMef'^'^*^'^ purpose, the Governor may, by notification in the Gazette,
Police Officer, a p p o l u t by uamc or office some other person to g r a n t
such licences in the place of or in addition to t h e Chief
Police Officer, a n d may in like manner cancel a n y such
appointment. Z^ Pd^ ^iaM^^u^xo
> ^ /^ ' (2) In the case of licences under Qrdinanoo No. 16
(-Polii!n. Furco) such officer shall be not under the rank
of Superintendent or Assistant Superintendent.
iTo^'eJfi*^ °* ^" ^ ^ licence granted by any person appointed under
section 3 shall be as valid and effectual for all purposes as
if the same had been granted by the Chief Police Officer.
 19
A.D. 1 9 0 2 .
Ss. 1-4.

SCHOOL ATTENDANCE.

Ordinance No. 73.

[ORDINANCE I. OF 1902
1st May, 1902, Malacca
1st January, 1904, Province Wellesley
1st January, 1908, Penang.]

To provide for compulsory attendance at Schools.

1. This Ordinance may be cited as Ordinance No. 73 short title,

(School Attendance), and shall come into operation in the
several Settlements or in any part or parts thereof speci-
fied by order of the Governor in Council at such date or
respective dates as he fixes by notification in the Gazette.

2. In this Ordinance interpreta-

" Regular attendance " means attendance during the
hours for which the school is open for the
attendance of pupils for not less than fifty
per centum of the school days in each month.

3 . The parent or person having the actual custody of {^i-[°"f'

any male child between such ages not less than seven or plrent^or
higher than fourteen, as are fixed by the Governor in gi^^<i'an.
Council, shall, except as hereinafter provided, be law-
fully responsible for the regular attendance of such child
at a school where such child can receive instruction in
his own language.

4 . Any person who is lawfully responsible for the Penalty.

regular attendance of any male child at school shall,
on proof that such child has not regularly attended school
within the six months preceding the date on which the
complaint was lodged before a Police Court, and in the
absence of any reasonable excuse, be liable to a fine not
exceeding five dollars or in default of payment to simple
imprisonment for a term which may extend to fourteen
days.
Vol. I I . 2A
20
A.D. 1 9 0 2 .
S. 5.
SCHOOL ATTENDANCE.

,^i?us"s!'''° 5. The following shall, amongst others, be reasonable

excuses within the meaning of section 4 :—
(rt) that there is no school where a free education
in the child's own language is provided by
the Government within a distance of one mile
and a half from his residence, measured
according to the nearest road or path;
(5) that the child is attending a school where the
English langu'age is taught;
(c) that the child has passed the highest standard
in a Government Vernacular School or in a
school receiving a grant-in-aid from Govern-
ment ;
{d) that the child has been prevented from attend-
ing school by sickness or any unavoidable
cause.
 21
A.D. 1902.
Ss. 1-3.

TRUST FUNDS.
Ordinance No. 74.
[ORDINANCE I I . OF 1902;
21st February, 1902.]
To facilitate the investment of trust and other funds m
the United Kingdom in Straits Settlements Go vern-
ment Securities.

1. This Ordinance may be cited as Ordinance No. 74 short title.

(Trust Funds).

2. In this Ordinance luterpreta-

" Crown Agents " mean the person or persons for the *""'
time being acting as Crown Agents for the
Colonies in England or any one of them;
"Colonial Stock Acts " mean the Acts of the Imperial
Parliament, known as the Colonial Stock Acts,
1877 to 1900;
" Straits Settlements Government Securities " mean
all securities heretofore or hereafter created
or issued on behalf of the Government of the
Straits Settlements to which for the time
being the Colonial Stock Acts apply, and
which are for the time being registered in
the United Kingdom in accordance with the
provisions of those Acts, and this Ordinance
shall apply to all such securities.
3.—(1) Whenever, by the final judgment, decree, rule Provisions for
or order of any Court of competent jurisdiction in the m''on'ey°due to
United Kingdom, any sum of money is adjudged or de- stockholders.
clared to be payable by the Government of the Straits
Settlements in respect of any Straits Settlements Govern-
ment securities, the Government shall forthwith pay that
sum out of the funds in the hands of the Crown Agents
belonging to the Government without further appropria-
tion than this Ordinance.
(2) For the purposes of this section, "final judgment,
decree, rule or order " means, in case of appeal, the final
judgment, decree, rule or order of the ultimate Court
hearing the appeal.
22
A.D. 1 9 0 2 .
Ss. 4 & 6.
TRUST FUNDS.

Certiiicato by 4 . In order to enable every such payment to be duly

Crown made, a certificate under the hands of the Crown Agents,
Agents.
specifying the sum so paid under order of any such Court,
shall be sufficient authority to the Auditor-General or
other officer having the auditing of their accounts for
passing such sum without further appropriation.

Provision us 5. If at any time hereafter an Ordinance is passed

to future
Legislation- which appears to the Imperial Government to alter any
of the provisions affecting the Government Securities to
the injury of the holder thereof, or to involve a departure
from the original contract in regard to those securities,
that Ordinance will properly be disallowed.
 23
A.D. 1902.
Ss. 1-3.

TRAMWAYS.
Ordinance No. 75.
[ORDINANCE X. OF 1902;
27th March, 1902.]
To authorize the constrtiction of tramways within the
Settlement of Singapore.
1. This Ordinance may be cited as Ordinance No. 75 short title.
(Tramways).

2. In this Ordinance, unless there is something repug- interpreta-

nant in the subject or context, *^°°-
" The Government " includes the Governor acting on
behalf of His Majesty or on behalf of the
Government of the said Colony;
" The Company" means the Singapore Tramways,
Limited;
" The Court" means the Supreme Court of the
Straits Settlements at Singapore;
" Road " or " roads " mean any roadway over which
the tramway authorized by this Ordinance
shall pass, and the roadway of any bridge
forming part of or leading to the same;
" Car " or " cars " include all cars, carriages and
trucks used upon the tramways;
" The works " or " the undertaking " mean the works
or undertaking of whatever nature which are
by this Ordinance authorized to be executed;
" The Commissioners " mean the Municipal Commis-
sioners of the town of Singapore for the time
being;
" Tramway hereby authorized " includes a tramway
^ authorized under any section of this Ordi-
nance.
3.—(1) The Company shall, until the Commissioners Exclusive
have purchased their undertaking under the powers con- ^"''' ""^^ .
ferred by this Ordinance, or until their powers and rights
cease and determine by virtue of any of the provisions of
24
A.D. 1 9 0 2 .
S. 4.
TRAMWAYS.

this Ordinance, have the exclusive privilege of using for

tramways the roads over which authority to construct
tramways is by this Ordinance or under any of the pro-
visions thereof given to the Company.
(2) No grant shall be made to any person or persons,
company or corporation of the right to use, for the pur-
poses of tramways, any roads in the Settlement of Singa-
pore which the Company has not been authorized under
this Ordinance to use for such purpose, unless an offer
has first been made to the Company and the Company has
failed to accept the same within three months from the
date of such offer.
(3) The Governor in Council may authorize the Com-
missioners or any company, person or persons to lay
down and maintain crossings from their premises across
any public street, if it is shown to the satisfaction of the
Governor in Council that such crossings will not unduly
interfere with the traffic on the tramways authorized
under this Ordinance.
(4) Nothing in this section shall prevent the Govern-
ment from making and using such tramways as are
necessary for Government service.

Construction of Tramway.
Construction 4.—(1) The Compauy may construct, lay down and
tamwayr* maintain, subject to this Ordinance and in accord-
ance with the plans which have been deposited
as hereinafter mentioned, the tramways hereinafter
described W'ith all proper electric generating stations,
crossings, passing-places, sidings, junctions, rails,
turntables, plates, offices, w^eighbridges, sheds, over-
head and other wires, cables, standards, poles and brac-
kets, pipes and all such other works and conveniences
in connection therewith as the Company for the purposes
thereof thinks fit, and may work and use the same.
(2) The Company may also generate and use electricity
for the purpose of lighting their ow^n buildings or
premises, and for any other purposes of their own, and
for the purpose of supplying electric current to the
Commissioners or the Government, but to no others.
 25
A.D. 1 9 0 2 .
S. 4.
TRAMWAYS.

(3) The Tramways authorized by this Ordinance are

' Tramivay No. I.—Commencing at a point in Telok
Blanga Road, opposite the entrance to Keppel Harbour
Dock, thence in and along Telok Blanga Road to Keppel
Road, thence in and along Keppel Road to the entrance
to Tanjong Pagar Docks, at the intersection of Keppel
and Tanjong Pagar Roads.
Tramway No. 2.—Commencing by junction with Tram-
way No. 1 at the entrance to the Tanjong Pagar Docks
at the intersection of Keppel and Tanjong Pagar Roads,
thence in and along Tanjong Pagar Road, South Bridge
Road and North Bridge Road to Jalan Sultan, thence
in and along Jalan Sultan between North Bridge Road
and Victoria Street, thence in and along Victoria Street
between Jalan Sultan and Kalang Road, thence in and
along Kalang and Gelang Roads to the Municipal boun-
dary on Gelang Road.
Tramway No. 3.—Commencing by junction with Tram-
way No. 2 at the intersection of Tanjong Pagar and
Anson Roads, thence in and along Anson Road and Telok
Ayer Street to the intersection of Cecil Street, thence in
and along Cecil Street and the northerly side of Finlay-
son Green, in and along Collyer Quay, terminating at
or near a point opposite Johnstori's Pier.
Tramway No. 4-—Commencing at the intersection of
Bras Basah and Beach Roads, thence in and along Bras
Basah Road to the intersection of Prinsep Street, thence
in and along Prinsep Street to the intersection of Selegie
Road, thence in and along Selegie and Serangoon Roads,
terminating in Serangoon Road at the Municipal
boundary.
Tramway No. 5.—Commencing by junction with Tram- ,
way No. 4 in Serangoon Road, near Rumah Miskin Police
Station, thence in and along Lavender Street and form-
ing a junction with Tramway No. 2 in Kalang Road.
Tramivay No. 6.—Commencing by junction with Tram-
way No. 3 at a point opposite Johnston's Pier, and thence
across the Singapore River and thence to the intersection
of Empress Place and High Street to the intersection of
Hill Street, thence in and along Hill Street to the inter-
section of River Valley Road, thence in and along River
Valley Road to the intersection of Tank Road, thence in
26
A.D, 1 9 0 2 .
Ss 5-7.
TRAMWAYS.

and along Tank Road, terminating at the intersection of

Tank Road and Orchard Road.
(4) Notwithstanding anything in this Ordinance or the
said.plans contained or shown, the Company may con-
struct, lay down and maintain the above tramways or any
of them in such other positions along the lines of route
shown on the said plans as the Commissioners approve.
Power to
make
5.—(1) The Company may construct and maintain
additional subject to -this Ordinance and in accordance with
tramways. plans to be previously deposited by the Company at
the office of the Commissioners, such further or
other tramways within the limits of the Municipality
of Singapore, either as extensions of the tramways
hereinbefore authorized or otherwise, as the Commis-
sioners or, in case of their refusal, the Governor in
Council shall from time to time authorize, and may use
and work the same.
(2) The Company may also construct and maintain,
subject to this Ordinance and in accordance with
plans to be previously deposited at the office of the
Colonial Engineer in Singapore, such further or other
tramways outside the limits of the Municipality of
Singapore as the Governor in Council authorizes, and
may work and use the same.
(3) The line of any tramway now or hereafter to be
authorized may be from time to time altered in accord-
ance with plans to be deposited and authorized in the
case of a tramway within the limits of the Municipality
in the manner mentioned in subsection (1), and in the
case of a tramway outside the limits of the Municipality
in the manner mentioned in subsection (2).

Plans. 6. The plans hereinbefore referred to as having been

deposited are the plans all dated the 10th December, 1901,
and numbered 1 to 11 inclusive, deposited by the Company
in the office of the Commissioners.
Pawer to
convert single _ 7. Where a single line with passing-places and sidings
line into IS authorized, the passing-places shall, as far as prac-
double line.
ticable, be in sight of each other, and such single line
may at any time thereafter, with the consent of the Com-
missioners, be converted into a double line.
 27
A.D. 1 9 0 2 .
Ss. 8-11.
TRAMWAYS.

8. Subject to section 24 of Ordinance No. 135 (Muni- Power to

cipal), and the approval of the Commissioners being first ^^e *'''^"''*'''''
obtained, the Company may, in the construction of the
above tramways or any of them, at their own expense,
alter the level of and widen any bridge, road, street or
space along or over Avhich any tramway is hereby author-
ized to be laid down, and make and construct all necessary
cuttings and embankments, bridges, viaducts, culverts,
catch-water drains and other works and divert streams,
provided that all the work is to be done according to the
plans and specifications approved by the Commissioners
under sections 9 and 15.
9. Subject to the approval of the Commissioners being Power to
first obtained, after one month's notification by public additional
advertisement or otherwise of the intention of the Com- crossings, etc.
pany to apply for such approval, the Company may
construct and maintain, subject to this Ordinance and in
accordance with plans to be previously deposited by the
Company in the office of the Commissioners, all such
crossings, passing-places, sidings, junctions, turntables
and other works in addition to those particularly speci-
fied in and authorized this Ordinance, as are approved
of by the Commissioners, and may work and use the same.
10.—(1) Subject to the approval of the Commissioners Power to lay
as to the method and position of laying down being first tX'pfpes.
obtained, the Company may lay down under any public
roadw^ay, street or space, pipes from any of their generat-
ing stations to the sea.
(2) The Company may also lay down any such pipes
over or under any private land, with the consent of the
owner thereof.
(3) The Company may pump sea water through any
such pipes for the purposes and works of the tramways,
and shall make proper provision, to the satisfaction of
the Commissioners, for the return of the surplus sea
water into the sea.
(l) Tramways Nos. 1 and 3 shall be double lines. Position of
V-^/ -^ J-"'J-^i" ^ . 7 ' ^ 1 • , • 1 1 tramways m
and constructed, laid down and maintained as nearly as ^oad.
may be in the middle of the road.
(2) Tramway No. 2 shall be constructed, laid down and
maintained from its commencement to its termination as
28
A.D. 1 9 0 2 .
S. 11.
TRAMWAYS.

nearly as may be in the middle of the road as a double

line, but from Kalang Bridge to the termination thereof
the Company may, for such time as they think fit,
lay down, maintain and work one only of the two tracks
by this subsection authorized, with all necessary turn-
outs or loops to enable the cars to pass one another. On
Victoria Bridge the lines shall be double interlacing
lines. A separate bridge shall be constructed by the
Company over Kalang River for the tramway.
(3) Tramway No. 4 shall be constructed, laid down and
maintained from its commencement to the termination
thereof as nearly as may be in the middle of the road as
a double line, but in Serangoon Road the Company may,
for such time as they think fit, lay down, maintain
and w^ork one only of the tw^o tracks by this subsection
authorized, with all necessary turn-outs or loops to enable
the cars to pass one another.
(4) Tramway No. 5 shall be constructed, laid down and
maintained on the northerly side of the road as a single
line, with turn-outs or loops to enable the cars to pass
one another.
(5) Where a double line is authorized by this Ordin-
ance, the Company may place the poles on which the
wires are carried to convey power to the motors in the
cars between the two lines, Tanjong Pagar Road and
Collyer Quay excepted, where the poles shall be placed
on the side of the road nearest the track, and where a
single line is authorized on that side of the road along
which the line is placed.
(6) Where a double line is authorized by this Ordin-
ance, it shall not be so laid that for a continuous distance
of 100 feet a less space than 9 feet shall intervene
between the outside edge of the road, exclusive of any
footpath, on either side of the road and the nearest part
of the car, except where it is necessary to construct
and maintain loops for enabling the cars to pass one
another or to construct sidings and curves, all which
exceptions shall ])e subject to the approval in writing of
the Commissioners.
(7) The Company may, subject to the approval of the
Commissioners, at their discretion, lay down a double-
single line in any road where the width is not sufficient
to allow a space of not less than 9 feet on either side.
 29
A.D. 1 9 0 2 .
Ss. 12 & 13.
TRAMWAYS.

In roads not lighted, if centre poles are used, the poles

shall be efficiently lighted by the Company.
(8) In the sections of tramway No. 2 in Gelang Road
and No. 4 in Serangoon Road, the Company shall con-
struct, metal and make available for ordinary traffic a
roadway 11 feet 6 inches wide, or of such less width as
is available on each side of the outer rails. The Com-
pany shall not be compelled to acquire land to provide
this width, nor to metal any part of the existing roads.
(9) The Company will, after the completion of the work
of laying down the tramway in Tanjong Pagar Road,
Droperly metal the whole of the said road with the same
^ind and depth of metal as is in use thereon.
»
1 2 . The tramways shall be constructed on a gauge of ?''^„':a°^g
one metre and with steel rails, which said rails shall ™'""''* '
before being laid down be approved of by the Commis-
sioners, and shall be laid and maintained in such manner
that the uppermost surface thereof shall be on a level
to be fixed by the Commissioners, and the surface of the
road adjoining shall be properly sloped to the said level.
13- The Company, for the purpose of making, form- ti^elk'up
ing, laying down, maintaining, renewing, altering, add- roads.
ing to or removing any tramway under this Ordinance,
or any part or parts thereof respectively, may open and
break up any road, subject to the following regula-
tions :—
(a) they shall give to the Commissioners notice of
their intention, specifying the time at which
they will begin to do so and the portion of
road proposed to be opened or broken up,
such notice to be given seven days at least
before the commencement of the work;
(b) they shall not open or break up or alter the level
of any road except with the authority, under
the superintendence of, and to the satisfaction,
of the Commissioners, unless the Commis-
sioners refuse or neglect to give such super-
intendence at the time specified in the notice
or discontinue the same during the work;
the Company shall bear all reasonable
expenses to which the Commissioners are put
on account of such superintendence;
30
A.D. 1 9 0 2 .
Ss. 14 & 15.
TRAMWAYS.

(c) they shall leave an interval of at least one

hundred yards between *any two places at
which they open or break up the road,
and they shall not, without the consent of the
Commissioners, open or break up<at any such
place a greater length than two hundred
yards.
Completion of 14. When the Company have opened or broken up any
Reinstatement, portiou of any road, they shall be under the following
further obligations :—
(a) they shall, with all convenient speed, complete
the work on account of which they opened or
broke up the same, and, subject to the for-
mation, maintenance, renewal or alteration of,
addition to or removal of, the tramway, fill
in the ground and make good the surface and,
to the satisfaction of the Commissioners, re-
store the road to as good a condition as it was
before it was broken up;
(ft) they shall bear all reasonable expenses of the
repair of the road for six months after the
sam.e is restored, in so far as those expenses
are increased by the opening or breaking up
for tramway purposes;
(c) they shall in the meantime cause'the place where
the road is opened or broken up to be fenced
and watched and to be properly lighted at
night.
Further 15.—(1) In addition to the requirements of section 14,
provisions
as to the Company shall, when they give notice as aforesaid to
construction
of tramways. the Commissioners of their intention to open or break up
anv road for any of the purposes aforesaid, lay before •
the Commissioners a plan and cross section showinej the
proposed mode of constructing, laying down, maintaining,
renewing, altering, addincr to or removing the tramway
or ^\ orks in respect of which they propose to open or
break up such road, and a statement of the materials
intended to be used therein.
(2) The Company shall not commence the construction,
laying do-wn, maintenance, renewal, alteration of, addi-
tion to or removal of such tramway or works or any part
thereof respectively, except for the purpose of necessary
 81
A.D. 1 9 0 2 .
Ss. 16-18.
TRAMWAYS.

repairs, until such plan and cross section and statement

have been approved in writing by the Commissioners.
(3) The work shall be executed in accordance with such
approved plan and cross section and statement and to the
satisfaction of the Commissioners.
16.—(1) The Company shall maintain in good con- Maintenance
dition and repair and at their proper level, so as not to rSis^'"'^^ °*
be a danger or annoyance to the ordinary traffic, the
rails of which the tramway for the time being consists
and the substructure upon which the same rest.
(2) If the Commissioners shall at any time hereafter
alter the level of any road along or across which the
tramw^ay shall be laid, then so often as the same
happens the Company shall alter their rails so that the
uppermost surface thereof shall be on a level with the
surface of the road as altered.
(3) The cost of such alterations shall be borne by the
Commissioners and the Company, but so that the Com-
pany shall only be liable for such proportion of the
expense thereof as the width of the tramway, including
eighteen inches on either side of the outer rail, bears to
the W'hole width of the road.
(4) The Companv shall not be compelled to contribute
towards the cost of raising any of the bridges over the
Singapore River.
1 7 . _ ( 1 ) If the Company fails to comply with any of Penalties.
the provisions of sections 12, 13, 14, 15 and 16, they
shall for every offence, without prejudice to the enforce-
ment of specific performance of the requirements of this
Ordinance or to any other remedy against them, be liable
to a fine not exceeding one hundred dollars, and to a
further fine not exceeding fifty dollars for every day
during which any such failure continues after the first
day on which such fine is incurred.
(2) All fines imposed under this section shall be paid
to the Municipal Commissioners.
1 8 . _ ( 1 ) Where, by reason of the execution of any work ^,3™7
affecting the surface or soil of any road along which may be made
the tramway is laid, it is in the opinion of the Commis- Re^ceLry.
sioners necessary or expedient temporarily to remove or
discontinue the use of such tramway or any part thereof,
32
A.D. 1 9 0 2 .
Ss. 19 & 20.
TRAMWAYS.

the Commissioners shall, before such tramway or any

part thereof is temporarily removed or the use thereof
discontinued, give to the Company fourteen days'
notice at least of the necessity or expediency of such
temporary removal or discontinuance.
(2) Immediately on receipt of any such notice the Com-
pany may, with the consent of the Commissioners and
subject to such conditions and rules as they make, con-
struct in the same or any adjacent road, and, subject as
aforesaid, maintain so long as necessary, a temporary
tramway in lieu of the tramway or part thereof so removed
or discontinued.
Disposal of
road materials
19.—(1) Any paving, metalling or material excavated
excavated in by the Company in the construction of their works from
construction any road under the control of the Commissioners may be
of works.
applied by them, so far as is necessary, in or towards
the reinstating of such road, provided such paving,
metalling or material are, in the opinion of the Commis-
sioners, fit and proper to be used for the purpose.
(2) All surplus paving or metalling not used for any
of the purposes in this section shall be the property of
the Commissioners, and all other materials shall be re-
moved with all reasonable diligence by the Company.
Provisions as 2 0 . For the purpose of making, forming, laying down,
to gas and
water mains, maintaining, reneAving, altering, adding to or removing
etc. the tramway or any parts or part thereof, the Company
may, where it is necessary or appears expedient for the
purpose of preventing frequent interruption of the traffic
by repairs or works in connection with the same, alter the
position of any mains or pipes for the supply of gas or
water, or any tubes, wires, standards, poles or apparatus
for telegraphic, telephonic, electric lighting or any other
purposes, subject to the following restrictions :—
(a) before the Company alters the position of
any such mains or pipes, tubes, wires, stan-
dards, poles or apparatus, thev shall obtain
the written consent of the Commissioners to
such alteration;
(b) before_ laying down the tramway in a road in
which any mains or pipes, tubes, wires, stan-
dards, poles or apparatus are laid, the
 33
A.D. 1 9 0 2 .
S. 20.
TRAMWAYS.

Company shall, whether they contemplate

altering the positions of any such mains or
pipes, tubes, wires, standards, poles or appa-
ratus or not, give seven days' notice to the
Commissioners, and the company, person or
persons to w^hom such mains or pipes, tubes,
wires, standards, poles or apparatus belong,
of their intention to lay down or alter the
tramway, and shall at the same time deliver a
plan of the proposed work;
(c) if it appears to the Commissioners, company,
persons or person that the construction of
the tramway as proposed would endanger
any such mains or pipes, tubes, wires, stan-
dards, poles or apparatus, or interfere with
or impede the supply of water or gas or the
telegraphic, telephonic, electric lighting or
other communication, the Commissioners,
company, persons or person may give notice
to the Company to lower or otherwise alter
and protect the position of the said mains
or pipes, tubes, wires, standards, poles or
apparatus in such manner as is considered
necessary;
(d) all alterations to be made under this section
shall be made wdth as little detriment and
inconvenience to the Commissioners, company,
persons or person as the circumstances will
admit of;
(e) the Company shall not remove or displace any
of the mains or pipes, valves, syphons, plugs,
tubes, wires, standards, poles or apparatus or
other works belonging to the Commissioners
or any company, persons or person, or do
anything to impede the passage of water or
gas or the telegraphic, telephonic, electric
• lighting or other communication into or
through such mains or pipes, valves, syphons, .
plugs, tubes, wires, standards, poles or appa-
ratus, without the consent of the Commis-
sioners and the company, persons or person,
or in any other manner than the Com-
missioners, company, persons or person
Vol. I I . 3
34
AD. 1 9 0 2 .
S. 20.
TRAMWAYS.

approve, until good and sufficient mains,

pipes, valves, syphons, plugs, tubes, wires,
standards, poles or apparatus and other works
necessary or proper for continuing the supply
of water or gas or telegraphic, telephonic,
electric lighting or other communication as
sufficiently as the same was supplied by the
mains or pipes, valves, syphons, plugs, tubes,
wires, standards, poles or apparatus proposed
to be removed or displaced, have, at the ex-
pense of the Company, been first made
and laid down in lieu thereof, a n d a r e ready
for use to the reasonable satisfaction pf the
surveyor or engineer of the Commissioners,
and the company, persons or person;
(/) the Company shall not lay down or erect any
such mains or pipes, valves, syphons, plugs,
tubes, wires, standards, poles or apparatus
contrary to the regulations of any Municipal
Ordinance or any Ordinance relating to water,
gas or other companies or to telegraphs or
telephones;
(g) the Company shall make good all damage done
by them to property belonging to or controlled
by the Commissioners or any company, per-
sons or person, and shall make full compen-
sation to all parties for any loss or damage
which they sustain by reason of any inter-
ference with such property, or with the
private service pipes or wires of any person
supplied by the Commissioners, or any com-
pany, persons or person with water, oil or
gas or electric energy, unless the Commis-
sioners or company, persons or person, by
or by reason of their or his own default,
neglect or omission, have contributed to or
assisted in the doing, ha^ppening or.bringing
about of such loss or damage;
(h) if by any such operations as aforesaid the Com-
pany interrupt the supply of w^ater, oil or
gas or electric energy in or through any main,
pipe or wire for a period exceeding twelve
consecutive hours, they shall be liable to a fine
 35
A.D. 1 9 0 2 .
Ss. 21 & 22.
TRAMWAYS.

not exceeding one hundred dollars for every

day or portion of a day, after the expiration
of such period of twelve hours, during which
such supply is so interrupted.

21.—(1) When the tramways or any works connected t^^nPf"*^^;^.^

therewith interfere with any sewer, bridge, wall, railing, hHdges'X."'
drain, watercourse or subway, or in any way affect the
sewerage or drainage of Singapore, the Company shall
not commence the construction of the tramways or works
until they have given to the Commissioners fourteen
days' previous notice in writing of their intention so to
do, and have left with such notice all necessary par-
ticulars relating thereto, nor until the Commissioners
have signified their written approval of the same,
unless they do not signify their approval, disapproval
or other directions within fourteen days after service of
the said notice and particulars as aforesaid.
(2) The Company shall comply with the directions of
the Commissioners in the execution of the said works, and
shall provide by new, altered or substituted works in such
manner as the Commissioners require for the proper
protection of and for preventing injury or impediment
to the sewers, bridges, walls, railings, drains, water-
courses, subways, sewerage or drainage hereinbefore re-
ferred to by or by reason of the tramways, and shall
save harmless the Commissioners against expense occa-
sioned thereby.
(3) All such works shall be done by or under the super-
intendence of the Commissioners at the cost and expense
of the Company, and when any new, altered or sub-
stituted works are completed by or at the cost or
expense of the Company under this Ordinance, the same
shall thereafter be as completely under the control of the
Commissioners and be maintained by them as any other
sewers, bridges, walls, railings, drains, watercourses, sub-
ways, sewerage or drainage.

2 2 . - ( l ) If any telegraph cable constructed and jv^^^.^^ ^^

worked in the said Settlement by the Eastern Exten- a'eiegraph
sion, Australasia and China Telegraph Company -/^Jf^s""
Limited, or if any cable or wire of the Oriental and others.
Telephone and Electric Company, Limited, or any aerial
Vol. I I . ^^
86
A.D. 1 9 0 2 .
S. 23.
TRAMWAYS.

or subterranean line connected with any such cable or

wire, or the sheathings, coverings or supports of any
such cable or line, or of any of the Government or Oriental
Telephone and Electric Company's lines, or gas, water
or other metallic pipes are injuriously afiected by
the construction or working of the undertaking, or by
electrolysis or other cause arising or resulting from the
undertaking, the Company shall pay the expenses of all
such alterations in or additions to such cable, line or
wire, sheathings, coverings or supports as are neces-
sary to remedy such injurious affection.
(2) For the purpose of this section, a cable, line or
wire shall be deemed to be injuriously affected if tele-
graphic or telejjhonic communication by means of such
cable, line or wire is, whether through induction or other-
wise, in any manner affected by any act or work of the
Company.

Eight to 2 3 . Nothing in this Ordinance shall take away or

open roads. abridge any power to open or break up any road or renew
any bridge along or across which the tramways are laid,
or any other power now or hereafter vested in the Com-
missioners or any company, persons or person for the
doing of any matter or thing which the Commissioners
or any such company, persons or person are or is author-
ized to do, but in the exercise of such power the Com-
missioners or any companies or persons shall be subject
to the following restrictions :—•
(a) they shall cause as little detriment or incon-
venience to the Company as circumstances
admit;
(b) before they commence any works whereby the
traffic on the tramways will be interrupted,
they shall, except in cases of urgency, in which
case notice of the commencement of such work
shall be given to the Company within twenty-
four hours after such commencement, give to
the Company notice of their intention to
coramence such work, specifying the time at
which they will begin to do so, such notice
to be given twenty-four hours at least before
the commencement of the work;
 37
A.D. 1 9 0 2 .
S. 24.
TRAMWAYS.

(c) they shall not be liable to pay to the Company

any compensation for any necessary damage
done to the tramways by the execution of any
such work, for loss of traffic occasioned
thereby, or for the reasonable exercise of the
powers so vested in them as aforesaid;
(d) whenever, for the purpose of enabling them to
execute such works, the Commissioners or any
company, persons or person so require,
the Company shall either stop traffic on that
portion of the tramway to which such notice
refers where it would otherwise interfere with
such work, or shore up and secure the same at
their own risk and cost during the execution
of the work there;
(e) such work shall always be completed by the Com-
missioners or any such companies or persons
with all reasonable expedition;
(/) the Commissioners or any such company, per-
sons or person shall not execute such work,
so far as it immediately affects the tramway,
except under the superintendence of the Com-
pany, unless the Company does not give such
superintendence at the time specified in the
notice for the commencement of the work or
permanently discontinue the same during the
progress of the work, and they or he shall
execute such work at their or his own expense
and to the reasonable satisfaction of the
Company;
(g) any additional expense imposed on them by
reason of the existence of the tramway shall
be borne by the Company.

2 4 . None of the tramways shall be opened for public Tramways not

traffic until an approved plan, showing the completed *;J;^Std
line or lines, has been deposited with the Commis- tit for traffic.
sioners, and they have been certified to be fit for such
traffic by the Commissioners, and the Governor in Coun-
cil has, by notification in the Gazette, authorized the same
to be opened for such traffic.
 38 .
A.D. 1 9 0 2 .
Ss. 25 & 26.
TRAMWAYS.

Insufficient User of Tramways.

Procedure 25.-^(1) If ^t any time, after the tramways have
rot^afforded bccu for thrcc years opened for public traffic, it is
full benefit of represented in writing to the Governor in Council by the
ramwa>s. Commissiouers or by twenty inhabitant ratepayers of the
Settlement of Singapore that the public are not afforded
the full benefit of the tramways or any part thereof, the
Governor in Council may, if satisfied that prima facie
the case is one for inquiry, issue a Commission, under
Ordinance No. 85 (Inquiry Commissions), to inquire into
the truth of the matter and report thereon without
requisition from the Legislative Council.
(2) If the Commissioners so appointed report that
the public are not afforded the full benefit of the
tramways or any part thereof, the Governor in Council
may issue an order to the Company requiring them to
provide such a service of cars as will afford to the public
such benefit, and by such order may prescribe the number
of cars which the tlompany shall run upon the tramways
and the mode and times in and at which such cars shall
be run.
(3) Every such order shall be served upon the Com-
pany within forty-eight hours after it has been made, and
shall be published in the Gazette next following the
making thereof.
(4) The Governor in Council shall, before issuing
any such order, be satisfied that under good and econom-
ical management the prescribed service will be fairly
remunerative to the Company, and that, after the Com-
pany has complied with such order for not less than
thirty days, the Governor in Council may, on the applica-
Procedure on
tion of the Company, revoke or modify any such order.
non-compli- (5) If for the period of three months after the service
ance with
order. of such order upon the Company the Company fails
or neg ects to comply therewith, the tramways shall be
deemed to be tramways to which all the provisions of
this Ordmance relating to the discontinuance of the
tramways, after proaf of such discontinuance, shall apply
and may be dealt with accordingly.

Discontinuance of Tramways
Discontinu. 26.--(l) If the Compauy discontinues the working of
tramway.. any ot the tramways hereby authorized or any part
 39
A.D. 1 9 0 2
S. 27.
TRAMWAYS.

thereof for the space of three months, such discontinu-

ance not being occasioned by circumstances beyond the
control of the Company, for which purpose the want of
sufficient funds shall not be considered a circumstance
beyond their control, and such discontinuance is proved
to the satisfaction of the Governor in Council, the
Governor in Council may by order declare that the
powders of the Company in respect of the tramways or
such of them so discontinued shall from the date of such
order be at an end, and thereupon the powers of the
Company shall cease and determine unless the same are
purchased by the Commissioners in manner by this
Ordinance provided.
(2) Where any such order has been made, the Com-
missioners may at any time, after the expiration of two
months from the date of such order, under the authority
of a certificate to that effect of the Governor in Council,
remove the tramways or such part of the tramways so
discontinued, and the Company shall pay to the Com-
missioners the cost of such removal and of the making
good of the road by the Commissioners, such cost to be
certified by the Engineer of the Commissioners, whose
certificate shall be final and conclusive.
(3) If the Company fails to pay the amount so certified
within two months after delivery to them of such certi-
ficate or a tfue copy thereof, the Commissioners may,
without any previous notice to the Company, but with-
out prejudice to any other remedy which they may have
for the recovery of the amount, sell and dispose of the
materials of the tramways removed either by public
auction or private contract, and for such sum or sums
and to such person or persons as they think fit, and
may, out of the proceeds of such sale, reimburse_ them-
selves the amount of the cost certified as aforesaid and
of the cost of sale, and the balance, if any, of the proceeds
of sale shall be paid to the Company.

Insolvency of Company.
2 7 _ ( 1 ) If at any time the Commissioners report to f;°^f/j^s
the Governor in Council that the Company appears to be insolvency c£
insolvent, so that they are unable to maintain the tram- Company.
ways or such portion thereof as has been opened for
traffic or work the same with advantage to the public
the Governor in Council may inquire into the financial
40
A.D. 1 9 0 2 .
S. 28.
TRAMWAYS.

affairs of the Company, and if satisfied that the Com-

pany is insolvent may by order declare that the powers
of the Company shall, at the expiration of six months
from the making of the order, be at an end, and the
powers of the Company shall cease and determine at the
expiration of the said period, unless the same are pur-
chased by the Commissioners in manner by this Ordinance
provided.
(2) Thereupon the Commissioners may remove the
tramways in like manner and subject to the same pro-
visions as to the payment of the costs of such removal,
and to the same remedy for recovery of such costs in
every respect as in cases of removal under section 26.
Purchase of Tramways.
Purchase by 28.—(1) The Commissioners may at the expiration of
Commis-
sioners of thirty-five years from the twenty-seventh day of March,
tramway.
1902, or at the expiration of any subsequent period of
seven years, or at the expiration of three months after
the making of any order by the Governor in Council
under sections 26 or 27, on giving to the Company a
notice in writing of the intention of the Commissioners
to do so in manner following :—
{a) at least six months' notice prior to the expira-
tion of such thirty-five years;
(&) at least six months' notice prior to the expira-
tion of any such subsequent period of seven
years;
(c) at least two months' notice prior to the expira-
tion of such three months,
require the Company to sell, and thereupon the Com-
pany shall sell, to the Commissioners their undertaking
and all lands, buildings, works, materials and plant of
the Company, suitable to and used by the Company for the
purposes of their undertaking.
(2) The consideration for such sale shall be
{a) the payment of the then actual value of the
same, together with a sum equal to fifteen
per centum in excess of such value, if the
Commissioners require tKe Company to sell
at the expiration of thirty-five years or of the
first subsequent period of seven years;
 41
A.D. 1 9 0 2 .
S. 29.
TRAMWAYS.

(7;) the payment of the then actual value only if

the Commissioners require the Companv to
sell
(i) at the expiration of the second or any
period of seven years subsequent thereto;
(ii) at the expiration of three months after
the making of any order by the Governor
in Council under sections 26 or 27.
(3) The value aforesaid shall be deemed to be the fair
value at the time of the purchase, due regard being had to
the cost of construction, less depreciation, and to the then
nature, condition and state of repair of the buildings,
works, materials and plant, and to the fact that they are
in such a condition and state of repair as to be ready for
immediate working, and to the suitability of the same for
the purposes of the undertaking, but without any addition
in respect of compulsory purchase, or of goodwill, or of
any profits which might have been made from the under-
taking, or of any similar consideration.
(4) In case of difference, such actual value as aforesaid
shall be ascertained by arbitration by two arbitrators or
their umpire, pursuant to Ordinance No. 51 (Arbitration).
(5) When any such sale has been made and completed.,
all the rights, powers and authorities of the Company in
respect of the premises sold shall be transferred to and
vested in and may be exercised by the Commissioners, and
the Company shall hand over to the Commissioners all
current books of account in connection with the working
of the Company.
Motive Power.
29.—(1) The cars used on the tramways shall be moved Motivepower.
by electric powder conveyed by means of a bare overhead
wire and the rails of the tramways at a pressure not
exceeding five hundred and fifty volts.
(2) Any cable carrying an excess of five hundred and
fifty volts shall be laid underground and heavily insulated.
(3) The exercise of the powers by this section con-
ferred with respect' to the use of electric power shall be
subject to the rules set forth in schedule A and to any
regulations for the time being of the Board of Trade
42
A.D. 1 9 0 2 .
Ss. 30-33.
TRAMWAYS.

which may be added thereto or substituted therefor by

any order which the Governor in Council makes.
(4) In the event of the Company being unable at any
time or times to move the cars by electric power, the cars
may be temporarily moved by animal or other suitable
power.
Construction
of cars.
3 0 . Every motor car or trail car used on the tram-
ways shall be so constructed as to provide for the safety
of passengers, and for their safe entrance to, and exit
from, and accommodation in such car, and their protec-
tion from electric current and the machinery used for
drawing or propelling such car.

Powers to 3 1 . The Commissioners, or any person or persons

authorities
to inspect appointed for that purpose by them in writing, may
cars, etc. inspect any car used on the tramways and the machinery
therein, and any machinery, rails or wires of the Com-
pany, and report thereon, and the Commissioners may,
after receiving from the Company and considering their
report on the matter, by order prohibit the use of any
such car, wires or machinery as are determined to be
unsafe or unfit for use.

Penalty for 3 2 . The Coiiipany or any person using electric power

power'
power
'
^ ^'
'
* ™ on the tramways contrary to this Ordinance, or to any of
contrary to the regulations in schedule A, or to any regulation added
Ordinance or thereto or substituted as aforesaid, shall for every such
rules.
offence be subject to a, fine not exceeding twenty-five
dollars, and also in the case of a continuous offence a
further fine not exceeding ten dollars for every day after
the first during which such offence continues.

Bylaws.
By-laws. 33.—(1) Subjcct to this Ordinance and to the ajjproval
of the Governor in Council, the Commissioners may make
regulations, not inconsistent with the Board of Trade
regulations for the time being dealing with tramways,
for regulating the working of the tramways authorized
by this Ordinance, and may especially
(a) prescribe the warning apparatus to be affixed to
the cars and regulate its use;
 43
A.D. 1 9 0 2 .
S. 33.
TRAMWAYS.

(b) prescribe places at which the cars shall stop,

regulate the distance which must be main-
tained between them, and the number of cars
which may be coupled and drawn at any one
time;
(c) regulate the type of car, the entrance to, exit
from, and accommodation in the cars, and the
protection of passengers from the electric
current and the machinery of any car used on
the tramway;
(d) regulate the rate of speed and the lighting of •
the cars;
(e) regulate the fixing of notices and advertisements
on the outside of the cars;
(/) provide that the cars shall be brought to a stand
at such places and in such cases of impend-
ing danger as the Commissioners deem proper
for securing safety;
(g) provide for the due publicity of all regulations
for the time being relating to the tramways
by exhibition of such regulations in con-
spicuous places;
(h) provide for the safety of the public in all cases
in which it appears to the Commissioners
that such safety is or is likely to be endan-
gered or imperilled; and
(i) make regulations for every other purpose which
they deem necessary for carrying out the
several provisions of this Ordinance.
(2) Subject to this Ordinance and to their furnishing
to the Commissioners a true copy of every by-law which
they propose to make one month at least before the same
is put into force, the Company may from time to time
make by-laws for
(a) preventing the commission of any nuisance in
or upon or against any car or premises
belonging to or being used by them;
(b) regulating the travelling in or upon any car
belonging to them.
44
A.D. 1 9 0 2 .
Ss. 34 & 35.
TRAMWAYS.

(3) Notice of the making, repealing or altering of any

regulations by the Commissioners or by-laws by the
Company shall be published in two consecutive numbers
of the Gazette wdthin three weeks after the making,
repealing or altering thereof.
(4) No regulation or by-law shall come into force until
after the second publication thereof in the Gazette.
Penalty may (5) Any such regulation or by-law may impose fines
be imposed.
for offences against the same, not exceeding ten dollars
for each offence, with or without fines for continuing
offences, -not exceeding for any continuing offence five
dollars for every day during which the offence continues.

Wheels and Width of Cars.

Wheels and 34.—(1) The Company may use on the tramways cars
width of cars, ^^{l\^flangewheels suitable only to run on the rails of the
tramways, and, subject to this Ordinance, the Company
shall have the exclusive use of the tramways for cars with
flange wheels or other wheels suitable only to run on the
said rails.
(2) No car used on the tramways shall exceed six feet
six inches in width.
Power to Sell.
Power to sell. 35.__(i) Subject to the approval of the Governor in
Council being first obtained, and three months' notice
having been given to the Commissioners, the Company
may at any time sell, assign and absolutely dispose of
the whole of their undertaking to such person or persons
or corporation or company by public auction or private
contract, or partly by public auction and partly by pri-
vate contract, and with, under and subject to such terms
and conditions in all respects as the Company thinks fit.
(2) At any such sale the Company may fix a reserve
price for or buy in the undertaking.
(3) When any such sale, assignment or absolute disposal
has been made and completed, all the rights, powers,
authorities, obligations and liabilities of the Company in
respect to the undertaking shall be transferred to, vested
in, and may be exercised by and shall attach to the person
 45
A.D. 1 9 0 2 .
Ss. 36 & 37.
TRAMWAYS.

or person or corporation or company to whom the same

have been sold, assigned or absolutely disposed of, in like
manner as if the undertaking was constructed by such
person or persons or corporation or company under the
powers conferred upon him or them by this Ordinance,
and in reference to the same he or they shall be deemed
to be the Company, and to be subject in all respects to the
provisions of this Ordinance and to any Order in Council
or regulations made thereunder.
(4) The Company may at any time sell, assign and
absolutely dispose of any land, machinery, property,
chattel or effect which shall, in the opinion of the Com-
pany, not be required for the efficient maintenance and
working of their undertaking.

Power to Lease.
36.—(1) Subject to the approval of the Governor in Power to
Council being first obtained, and three months' notice ^^''®'
having been given to the Commissioners, the Company
may, at any time after the opening of the whole of the
tramways referred to in section 4 for public traffic,
demise or let the whole of their undertaking to
such person or persons or corporation or company
for such term or terms of years, or from year to
year, or for any less period, and for such rent or rents
and upon such terms and conditions in all respects as
the Company thinks fit to adopt, to take effect either
in possession or at some future date, and either with or
without a premium or premiums as a consideration or
considerations for such demise or demises.
(2) When any such demise or letting has been made,
the lessee shall be subject in all respects to the provisions
of this Ordinance and to any Order in Council or regu-
lations made hereunder so far as the same are applicable
to him.
(3) The Company may at any time demise or let any
land, machinery, property, chattel or effect which shall
not in the opinion of the Company be required for the
efficient maintenance and working of their undertaking.
Poiver to Mortgage.
37.—(1) Subject to the approval of the Governor in PO^J.^"^^*"
Council being first obtained, the Company may borrow °'°'' ^"^^^
 46
A.D. 1 9 0 2 .
Ss, 38-40.
TRAMWAYS.

money on mortgage of the whole of their undertaking, and

for that purpose assign or demise by way of mortgage all
their lands, messuages or tenements, erections, buildings,
works, rolling stock, plant, machinery, chattels and effects
to any person or persons or corporation or company, and
may enter into all such covenants, provisos, declarations
and agreements as the Company thinks fit or proper,
including the power to appoint a receiver and manager of
such undertaking, property and assets, except that the
mortgagee shall not, without the consent of the Governor
in Council, sell the lands,' messuages or tenements,
erections, buildings, works, rolling stock, plant,
machinery, chattels and effects or any part thereof, except
such as are not required for the efficient maintenance
and working of the undertaking, and that a mortgagee in
possession and any purchaser from a mortgagee and all
subsequent purchasers shall be in the same position as if
the undertaking had been constructed by him or them
under the powers conferred by this Ordinance, and in
reference to the same he or they shall be deemed to be the
Company and to be subject in all respects to the provisions
of this Ordinance and to any Order in Council or regula-
tions made hereunder.
(2) No mortgagee in possession or subsequent purchaser
shall be liable for any default other than his own.

Rights of Government and Commissioners.

Rights of
Government 3 8 . The Governor in Council may by order direct that
in military precedence over the Company and all other persons in the
emergency.
user of the tramways hereby authorized, or any parts or
part thereof, be taken for defensive or military purposes
or for the passage of troops and war material.'
Fares, etc., to
he paid in 3 9 . The Governor in Council shall direct the payment
such to the Company, for such user as aforesaid, of such fares
emergency.
and charges as are agreed on, or if no agreement
IS cometo then the amount of the fares and charges
to be paid shall be determined by two arbitrators or their
umpires pursuantrto Ordinance No. 51 (Arbitration).
Postmen,
policemen 4 0 . Postmen, policemen and firemen in the service of
and firemen the Government or the Commissioners, for the time beins
on duty and
in uniform on duty and m uniform, shall be carried free of c h a r 4
free. m cars intended for second and third class passengers
 47
A.D. 1 9 0 2 .
Ss. 41-43.
TRAMWAYS.

but shall not occupy seats when the same are required
for ordinary passengers.

Supply of Electric Energy.

41.—(1) The Company, whenever and so often as companyto
required to do so by the Commissioners, six months' 3^^^^"''""
notice of such requisition having been given, shall for a ""'^^'
term_ or terms not less than ten years supply the Com-
missioners with electric energy at rates not greater than
those specified in schedule D, and the Commissioners
shall during such term or terms be bound to take all •
energy required by them within Municipal limits from
the Company.
(2) The energy shall be measured and delivered to the
Commissioners at the Company's switchboard.
(3) The Company shall supply as required energy in
addition to the amount already requisitioned, provided
that six months' notice is given by the Commissioners
when such increased supply amounts to or exceeds
one hundred thousand units.
(4) Any person appointed by the Commissioners for
that purpose shall be allowed by the Company to test
and calibrate the instruments used by them for measur-
ing the supply of electric energy.

Traffic upon the Tramways.

4 2 . The tramways may be used for the purpose of Traffic upon
conveying passengers, animals, goods, merchandise, com- com^ny^ot
modifies, minerals and parcels, but the Company shall hound to
not be bound to carry, except as provided in section 47, or^goods!""^ ^
any animals, goods, merchandise, commodities, minerals
or parcels.

Royalties.
43.—(1) In consideration of the rights, powers and ^^^y^i'^^"-
authorities hereby granted to or conferred upon the Com-
pany, the Company shall pay to the Commissioners in
respect of the tramways when opened for public traffic
as provided by section 24, the following royalties :—
(a) for the period of thirty-five years from the time
when the tramways are opened for public
48
A.D. 1 9 0 2 .
S. 43.
TRAMWAYS.
traffic" as aforesaid a royalty amounting to
five dollars per centum per annum of the net
profits of the tramways;
(b) after the said period of thirty-five years, and
for so long as the Company exercise their
said rights, powers and authorities, a royalty-
amounting to fifteen dollars per centum per
annum of the net profits of the tramways.
' (2) For the purposes of this section, net profits mean
the sum of money which, less any sum carried forward
from the working account of the previous year, is annually
appropriated and applied by the Company towards "the
payment of interest on debentures or loans, dividends or
bonuses, or in or towards the formation of or increase of a
reserve fund, and shallincludeany sum carried forward to
the working account of the succeeding year, and all sums
in excess of eight per centum per annum written off for
depreciation of rails, rolling stock and plant, and shall
include the amount written off for depreciation on any
other account, provided that the cost of all extensions
and additions shall be charged to capital account.
(3) For the purpose of determining the amount of the
said depreciation, the Company shall furnish the Com-
missioners with full details of the cost of the rails, roll-
ing stock and plant, and should the cost of such rails,
rolling stock and plant appear to the Commissioners to
be in excess of the sum fairly chargeable for the same
to capital account, then the Commissioners and the Com-
pany shall, in the event of their being unable to come
to an agreement as.to the sum fairly chargeable for the
same, refer the question as to' such amount to two arbi-
trators, one to be appointed by the Commissioners and
one by the Company, subject to Ordinance No. 51
(Arbitration).
(4) Should the Company at any time sell or lease their
undertaking as provided in sections 35 and 36, the value
of the rails, rolling stock and plant shall, in the annual
accounts of such purchasers or lessees, be taken for the
purposes of this section at the price agreed upon between
the Commissioners and the Company or settled by arbi-
tration as aforesaid, together with the value of any sub-
sequent additions to such rails, rolling stock and plant,
but less than any sums which may be written off for
depreciation.
 49
A.D. 1 9 0 2 .
S. 44.
TRAMWAYS.

(5) Any person appointed by the Commissioners for

the purpose may at all reasonable times inspect the books,
papers and vouchers of the Company and take notes
therefrom.

Fares.
44.—(1) The Company may demand and take for Pares for
every passenger travelling upon the tramways or any P^'^^'^sers.
portion thereof, including every expense incidental to
such conveyance, the fares following :—
{a) for every passenger travelling upon the tram-
ways mentioned in section 4 or any part of
such tramways, fares not exceeding the rates
set out in schedule B, or such other higher
rates as are fixed by the Commissioners, with
the approval of the Governor in Council.
(&) for every passenger travelling upon any tram-
ways sanctioned under section 5 or any part
of such tramways, such fares as are fixed
by the Commissioners, with the approval of
the Governor in Council, but such fares shall
not be fixed at less for the distances traversed
than those, provided for similar distances in •
schedule B, or any such higher rates as afore-
said, if such rates have, under clause {a), been
raised.
(2) Every fare paid shall entitle the passenger to travel
between the extreme points indicated once in the same
direction continuously and without leaving the cars on
the day on which such fare is paid, but shall not
entitle the passenger to be carried any further distance,
nor on any other section of the tramways, nor to leave
and re-enter the cars, nor to be carried in any direction
other than that for which the fare was received.
(3) A list printed in the English, Chinese, Malay and
Tamil languages of all the fares and charges authorized
to be taken shall be exhibited in a conspicuous place at
the offices of the Company and inside and outside every
car used upon the tramways.
(4) If there is any variation between the English and
other prints of the said list, the English print thereof
shall prevail.
Vol. I I . 4
50
A.D. 1 9 0 2 .
Ss. 45-47.
TRAMWAYS.

(5) The Company shall not receive from the publicin

respect of fares or freights coin other than that which
is legal tender in the Colony, and for every breach of
this provision they shall be liable to a fine not exceeding
ten dollars.
Cheap fares 45__(1) The Company shall, at all times after the
for labouring
classes.
tramway has been opened for public traffic, at the
request" in writing of the Commissioners, run on any
tramway indicated in such request at least two cars each
way every morning and evening in the week at such
hours, not being later than seven o'clock in the morning
nor earlier than half-past five o'clock in the evening
respectively, as the Company thinks most convenient, for
artisans, mechanics and daily labourers, at reduced fares
not exceeding per continuous journey the rates set out in
schedule B.
(2) In case any complaint is made to the Governor
in Council of the hours appointed by the Company for the
running of such cars or of the fares charged, the Governor
in Council may by order fix and regulate the same.
If car full
Company not
4 6 . If a car during any journey contains its author-
bound to ized complement of passengers, the Company shall
carry. not be bound to find accommodation for any other pas-
senger notwithstanding that such other passenger has
purchased a ticket or tickets entitling him to travel
upon the tramways or any of them.
Passengers'
luggago.
47.—(1) No passenger may take on the tramway any
personal luggage other than small hand baskets, bags or
parcels, the aggregate of which shall not exceed sixteen
pounds in weight or one cubic foot in measurement.
(2) All such personal luggage shall be carried by hand
and at the responsibility of the passenger, and shall not
occupy any part of a seat nor be of a form or description
to annoy or inconvenience other passengers.
(3) The _ Companv shall, whenever required bv the
Governor in_ Council, arrange for a complete and con-
tinuous service for the carriage of passengers' luggatre
between the Tank Road Station and the^Docks, both
ways, bv trams to be in run in connection with the Singa-
pore-Johore Railway service.
 51
A.D. 1 9 0 2 .
Ss! 48 & 49.
TRAMWAYS.

(4) The rates charged for passengers' luggage shall not

exceed those stated in schedule C.

48.—(1) The Company may demand and take in charges for

respect of any animals, goods, merchandize, commodities, goods.^' ^"^
minerals or parcels conveyed by them on the tramways,
except as is by this Ordinance specially provided, in-
cluding the charges for the use of the tramways and for
wagons or trucks and for motive power, and every other •
expense incidental to such conveyance, any charges not
exceeding the charges specified in schedule C, subject to
the rules therein contained.
(2) The maximum rate charged to the Commissioners Eatosto
for the purpose of their works or the conservancy ^""T
missioners
01 the town shall m no case exceed seventy-five
per centum of the rates charged to the public.
(3) The said fares and charges shall be paid to such Payment of
persons and at such place and in such manner as the chargeT'^
Company, by notice annexed to the list of fares and
charges, appoints.

Abandonment of Undertaking.
49.—(1) If the Company abandons its undertaking or On abandon-
any part or parts thereof,- and takes up the tramways or Se^einsta^ted.
any portion or portions thereof, it shall, with all con-
venient speed and in all cases within two months at the
most, unless the Commissioners otherwise consent in
writing, fill in the ground and make good the surface
and, to the satisfaction of the Commissioners, restore the
portion of the road upon which the tramways or such
portion or portions thereof as is or are abandoned was
or were laid to a good condition, and shall clear away
surplus paving or metalling, material or rubbish occa-
sioned by such work, and shall in the meantime cause
the place where the road is opened or broken up to be
fenced and watched and to be properly lighted at night.
(2) If the Company fails to comply with this section,
the Commissioners, if they think fit, may themselves, at
any time after seven days' notice to the Company, remove
the tramway and do the work necessary for the restora-
tion of the road to the extent provided for in this section,
and the expense incurred by the Commissioners in so doing
shall be repaid to them by the Company.
Vol. I I . 4A.
52
A.D. 1 9 0 2 .
Ss. 50-52.
TRAMWAYS.

Offences.
Breach of
Ordinance. 5 0 . Any person who
(a) infringes any of the provisions of this Ordin-
ance;
(&) wilfully obstructs any person acting under the
authority of the Company in the lawful exer-
cise of any of the powers hereby conferred;
(c) wilfully defaces or destroys any mark made for
the purpose of setting out the line of the
tramway; or
{d) wilfully does or causes to be done anything in
such a manner as to obstruct any car using
the tramway,
shall be liable to a fine not exceeding one hundred dollars,
and in default of payment of such penalty to imprison-
ment of either description for a term which may extend to
three months.
Further 5 1 . Any person who without lawful excuse, the proof
offences.
whereof shall lie on him, wilfully
{a) interferes with, removes or alters any part of
the tramways or of the works connected there-
with, or damages or destroys any property of
the Company or property being at the time
used by or in connection with the undertaking
of the Company;
(&) places or throws any stone, dirt, wood, refuse
or other material on any part of the tramways
or the wires thereof;
(c) does or causes to be done anything in such manner
as to endanger the lives of persons using the
tramway, or knowingly aids or assists in the
doing of any of such thing,
shall for every offence under clauses {a) or (&) be liable
to a fine not exceeding one hundred dollars, and for every
offence under clause (c) be liable to a fine not exceeding
one thousand dollars, or imprisonment of either descrip-
tion for a term which may extend to two years.
Further 52.—(1) Any person who, travelling or having
offences.
travelled in any car,
{a) avoids or attempts to avoid payment of his fare;
or
 53
• A.D. 1 9 0 2 .
Ss. 53-55.
TRAMWAYS.

(b) having paid his fare for a certain distance,

knowingly and wilfully proceeds in any such
car beyond such distance, and does not pay
the additional fare for the additional dis-
tance or attempts to avoid payment thereof;
or
(c) knowingly or wilfully refuses or neglects, on
arriving at the point to which he has paid
his fare, to quit such car,
shall be liable to a fine not exceeding ten dollars.
(2) Any officer or servant of the Company and any Poweno
person called by him to his assistance may seize and temporarily
• ^ • i , . •' .. - . , . •'. seize ottender.
detain any person discovered either m or immediately
after committing or attempting to commit any such
oft'ence, and who refuses to give his name or address or
gives a name or address which there is reason to believe
is incorrect to such officer or servant, until such person
can be handed over to a police officer for safe custody.
53.—(1) No person shall carry or require to be carried Penalty for
on any of the tramways any goods which are of a ^^^^^^^^g
dangerous nature. goods on
(2) Any person who sends by the tramways any "^^^^
such goods, without distinctly marking their nature on
the outside of the package containing the same, or other-
wise giving notice in writing to the book-keeper or other
servant with whom the same are left, ,at the time of such
sending, shall be liable to a fine not exceeding one
hundred dollars.
(3) The Company may refuse to take any parcel which
they suspect to contain goods of a dangerous nature,
or require the same to be opened by a public servant or
the person in charge to ascertain the fact.
5 4 . Any person who, except under the authority of ^g™''^\^/^'!
this Ordinance, uses any of the tramways with carriages, way with
cars or vehicles having flange wheels or other wheels ^^''efie'd
suitable only to run on the rails of the tramways, shall carriages, etc.
be liable to a fine not exceeding one hundred dollars.

Purchase of Lands by Agreement.

5 5 . Subject to this Ordinance, the Company may agree ^^^^^^^1°
with the owners of any lands which are required for the Cdsh'y
agreement
54
A.D. 1902. «
S. 56.
TRAMWAYS.
purposes of this Ordinance, and with all parties having
any estate or interest in such lands or by this Ordinance
enabled to sell and asign the same, for the absolute pur-
chase for a consideration in money of any such lands or
any parts or part thereof and of any estate or interest in
such lands of any kind soever.
Parties under cQ_—(1) ^11 partles 861 zcd, possBSSsd of or entitled
enabled to to any such lands or any estate or interest therein
^^1^- may sell and convey, assign, or release the same to the
Company, and may enter into all necessary agreements
for that purpose, and particularly all or any of the
following parties so seized, possessed or entitled may
sell, convey, assign or release, that is to say, all corpora-
tions, tenants in tail or for life, married women seized
in their own right, guardians, committees of lunatics and
idiots, trustees in trust for charitable or other purposes,
trustees, executors and administrators, and all parties
for the time being entitled to the receipt of the rents
and profits of any such lands in possession or subject to
any lease for life or for lives and years or for years or
any less interest.
(2) The power so to sell and convey, assign or release
may lawfully be exercised by all such parties other than
lessees for life or for lives and years, or for years or for
a.nj less interest, not only on behalf of themselves and
their respective heirs, executors, administrators and
successors, but also for and on behalf of every person
entitled in reversion, remainder or expectancy after
them, or in defeasance of the estates of such parties,
and as to such married women, whether they are of full
age or not, as if they were sole and of full age, and as
to such guardians on behalf of their wards, and as to
such committees on behalf of the lunatics and idiots of
whom they are the committees respectively, and that to
the same extent as such wives, wards, lunatics and
idiots respectivel}^ could have exercised the same power
under the authority of this Ordinance if they had re-
spectively been under no disability, and as to such trus-
tees, executors and administrators on behalf of their
cestuis que trustent, whether infants, issue unborn,
lunatics, femes covert, or other persons, and that to the
same extent as such cestuis que trustent respectively could
have exercised the same powers under the authority of
 55
A.D. 1 9 0 2 .
Ss. 57-60.
TRAMWAYS.

this Ordinance if they had respectively been under no

disability.
5 7 . The power to release lands from any rent charge. Parties under
annuity or incumbrance, and to agree for the apportion- exerelse^other
ment of any such rent charge, annuity or incumbrance, powers.
shall extend to and may lawfully be exercised by every
party hereinbefore enabled to sell and convey, assign or
release lands to the Company.

5 8 . The purchase money or compensation to be paid Compensation

tor any lands to be purchased or taken from any party ^^^ruJev*''''^
under any disability or incapacity, and not having power disability.
to sell or assign such lands except under this Ordinance,
and the compensation, if any, to be paid for any
permanent damage or injury to any such lands, shall not
be less than such sum as is approved of by the Court, and
all purchase money and compensation recovered under or
by virtue of this section shall be paid into Court for the
benefit of the parties interested.

59.—(1) When there is any hindrance to the acquisition Acquisition of

by purchase of any land or any interest therein or ease- '^'"^'
ment thereon required by the Company for the purposes
of this Ordinance or the general purposes of the under-
taking, or where the owners of such land or interest or
easement refuse to sell the same to the Company, the
Governor, upon the application of the Company and
after such inquiry as is thought proper, may declare
that the land or easement or interest is needed for the
purposes of the Company, and may order proceedings
to be taken for obtaining possession of the same for the
Company, and for determining the compensation to be
paid to the parties interested according to the law for
the time being in force for the acquisition of land for
public purposes,
(2) The compensation awarded sliall.be paid by the
Company to the parties interested.
QQ—(1) All fares, fines, forfeitures, rates and charges Eecovery of
made or incurred under or by virtue of this Ordinance, f'lres, etc.
or any by-law made under the authority of this Ordin-
ance, may be recovered before a Police Court or District
Court notwithstanding that such fares, fines, forfeitures,
 56
A.D. 1 9 0 2 .
Ss. 61-64.'
TRAMWAYS.

rates and charges or the aggregate amount thereof may

exceed the sum which it is competent for such Court,
in the exercise of its ordinary summary jurisdiction, to
award.
Application of (2) The Court by which any such fine or forfeiture
Hues.
is imposed may, where the application thereof is not
otherwise provided for, award on© moiety to the infoi'mer
or party prosecuting or complaining.
Fares, etc., to (3) No person shall be liable to the payment of any
he sued for
within si.x fare or charge, or of any fine or forfeiture imposed by
months. virtue of this Ordinance for any offence, unless the com-
plaint has been made within six months next after t h e
commission of such offence.

Companyto 6 1 . The Compauy shall be answerable for all acci-

foraTuTm^o '^^^^^' damages and injuries happening through their
th^o^ugh'tteu-" act or default, or through the act or default of any person
default ^^ their employment, by reason or in consequence of any
of their tram lines, works or cars, and shall save harm-
less all companies, bodies and persons, collectively a n d
individually, and their officers and servants from all
damages and costs in respect of such accidents, damages
and injuries.
Liability of 6 2 . The Company shall indemnify the Commissioners
defSnroad ^^^"^ ^^^ liability, actions, proceedings, claims, demands,
covered by costs and expeuses whatsoever which the Commissioners
tram line. j ^ ^ j Suffer or bc p u t t o by reason of any road along which
a tramway is laid not being kept in repair in the spaces
betvveen the rails and for a distance of eighteen inches
on either side of the outer rails, except by reason of defects
of which the Company has given notice in writing to the
Commissioners and which t h e Commissioners have not
commenced to repair within twenty-four hours from the
notice.
Kightof user 6 3 . Notwithstanding anything in this Ordinance con-
oniy acquired, fcalncd, the Compauy shall not acquire any right in or
over the roads along or across which they lay the tram-
w^ays other than t h a t of user.
Power to 6 4 . Nothing in this Ordinance shall limit the powers
regXte ^^ ^^^ P^^li^c to r c g u k t e the passage of any traffic along
traffic. or across any public road along or across which the tram-
 57
A.D. 1 9 0 2
Ss. 65-67.
TRAMWAYS.

ways are laid down, and the police may exercise their
powers as well on as off the tramways, and with respect
as well to the traffic of the Company as to the traffic
of other persons, and in particular nothing in this Ordin-
ance shall limit the power of the Chief Police Officer
under any Ordinance for the time being in force to make
rules or regulations with reference to traffic.

6 5 . Nothing in this Ordinance or in any Order in Eights of

Council, regulation or by-law made hereunder shall take ^^^^^^^^
away or abridge the right of the public to pass along
or across every or any part of any public road along or
across which the tramways are laid, whether on or off
the tramway, with carriages, cars or vehicles not having
flange wheels or wheels suitable only to run on the rails
of the tramways.

66.—(1) Every car shall be registered by the Company Pogiatratiou

and licensed at the office of the Eegistrar of Vehicles, <>* carriages,
and the register and licence shall state the number of
passengers which may be carried inside and outside the
car or the weight of goods which may be carried thereon.
(2) Such licences shall be renewable every year, and a
fee of twelve dollars shall be paid by the Company for
each licence granted or renewed.
(3) Such registration shall be effected by the Registrar
so as to interfere as little as possible with the traffic and
the lines, and more especially the Registrar shall not
cause the whole of the said cars to be removed from work
for registration at the same time.

67.—(1) On the application of the Company, the nnvers to be

Registrar of Vehicles shall, subject to the provisions "'""'^ '
hereof, grant a licence yearly to such persons as the
Company brings before him to be licensed as drivers
or conductors of tramway carriages.
(2) Such licences shall be renewable every year, and a
fee of two dollars shall be paid by the Company for each
such licence granted or renewed.
(3) In granting such licences the Registrar shall inter-
fere as little as possible with the traffic on the lines, and
more especially he shall not cause the whole of the said
drivers and conductors to be removed from their work
58
A.D. 1 9 0 2 .
Ss. 68-70.
TRAMWAYS.

in order that they may obtain their licences at the same

time.
(4) No such licence shall be granted to any person as
a driver of any machine, engine or mechanical appliance
unless the person holds such a certificate as the Governor
thinks necessary to show that the person to be licensed is
competent to manage such engine, machine or appliance.

Drivers 6 8 . Subject to this Ordinance, the drivers and con-

subject to
Municipal ductors shall be subject to such provisions of any
Ordinance Municipal Ordinance for the time being in force as are
for the time
being in force. applicable to drivers and conductors of tramway
carriages.

Country
districts.
69.—(1) In respect of any tram lines or parts thereof
situate outside the district comprised in the Municipality
of Singapore, the Governor in Council shall have the
same powers, rights, discretions, authorities and benefits
which are by this Ordinance conferred on and exercis-
able by the Municipal Commissioners or any officers of
the Municipal Commissioners, and the words " The
Governor in Council" shall be deemed to be substituted
throughout this Ordinance for the words " The Commis-
sioners " wherever they appear, and the Governor in
Council may, by notification in the Gazette, invest any
person or persons, either by name or office, with all or
any of the powers, discretions and authorities which by
this section are conferred on or exercisable by the
Governor in Council.
(2) In particular the Governor' in Council shall, in
respect of any tram lines or parts thereof situate out-
side the Municipality of Singapore, be entitled to such
proportion of the royalties mentioned in section 43 as
the number of miles traversed by the cars outside the
Municipality shall bear to the total number of miles
traversed inside and outside the Municipality during the
period in respect of which such royalty becomes payable.

Engines, etc.,
to be of
70.—(1) All engines, boilers, electrical generating
British make. apparatus and power station equipment, car bodies and
electrical equipment therefor, including motors, shall be
of British manufacture.
 59
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

(2) The Governor in Council may, in case the same or

any of them are not of British manufacture, forfeit the
same, and for this purpose remove the same and dispose
thereof as he thinks fit for the benefit of the Government.
7 1 . If any matter is, under this Ordinance, submitted Appeal to
by the Company for the consideration of the Commis- coumiUn"
sioners, and the Commissioners unnecessarily delay the case of delay.
consideration of such matter, the Company may appeal
to the Governor in Council, who may make such order in
the matter as he thinks fit.
7 2 . The powers and privileges given by this Ordin- Rescryation
^. . ^ i " V , • ' ,, . . . o f rights 01
ance are so given, saving and reserving always the rights the Grown
of His Majesty and of all bodies politic and corporate, and others.
and of all other persons and those claiming by, from
or under him or them, except as is herein otherwise
provided.

SCHEDULE A.
EULES.

1. In the following rules : —

" Energy " means electrical energy;
" Generator" means the dynamo or dynamos or other elec-
trical apparatus used for the generation of energy;
" M o t o r " means any electric motor carried on a car and
used for the conversion of energy;
" P i p e " means any gas or water pipe or other metallic
pipe, structure or substance;
" W i r e " means any wire or apparatus used for telegraphic,
telephonic, electrical signalling or other simihir
purposes;
" C u r r e n t " means an electric current exceeding one
thousandth part of one ampere.
2. Any dynamo used as a generator shall be of such pattern
and construction as to be capable of producing a continuous
current without appreciable pulsation.
3. One of the two conductors used for transmitting energy
from the generator to the motors shall be in every case insulated
from earth, and is hereinafter referred to as the " l i n e " ; tlie
other may be insulated throughout or may be uninsulated _ m
such parts and to such extent as is provided in the following
rules, and is hereinafter referred to as the " r e t u r n . "
4 Where any rails on which cars run, or any conductors
laid' between or within three feet of such rails, form any part
of a return, such part may be uninsulated. All other returns
GO
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

or parts of a return shall be insulated, unless of such sectional

area as will reduce the difference of potential between the ends
of tlie uninsulated portion of the return below the limit laid
down in rule 8.
5. When any uninsulated conductor, laid between or within
three feet of the rails, forms any part of a return, it shall be
electrically connected to the rails at distances apart not exceed-
ing one hundred feet by means of copper strips having a
sectional area of at least one-sixteenth of a square inch, or by
other means of equal conductivity.
6. When any part of a return is uninsulated, it shall be
connected with tlie negative terminal of the generator, and in
such case the negative terminal of the generator shall also be
directly connected through the current indicator hereinafter
mentioned to two separate earth connections, which shall be
placed not less than twenty yards apart:
Provided that in place of such two earth connections the
Company may make one connection to a main for water supply
of not less than three inches internal diameter, with the consent
of the owner thereof aud of the jjerson supplying the water, and
provided that where from the nature of the soil or for other
reasons the Company can show to the satisfaction of an inspect-
ing officer of the Commissioners that the earth connections herein
specified cannot be constructed and maintained without undue
expense, the provisions of this rule shall not apply. The earth
connections referred to in this rule shall be constructed, laid
and maintained so as to secure electrical contact with the general
mass of earth, and so that an electro-motive force not exceeding
four volts shall suffice to produce a current of at least two
amperes from one earth connection to the other through the
earth, and a test shall be made at least once in every month
to ascertain whether this requirement is complied with. No
portion of either earth connection shall be placed within six
feet of any pipe, except a main for water supply, of not less
than three inches internal diameter, which is metallically con-
nected to the earth connections with the consents hereinbefore
specified.
7. When tlie return is partly or entirely uninsulated, the
Company shall in the construction and maintenance of the
tramway—(a) so separate the uninsulated return from the general
mass of earth and from any pipe in the vicinity; (b) so connect
together the several lengths of the rails; (c) adopt such means
for reducing the difference produced by the current between the
potential of the uninsulated return at any other point; and
(d) so maintain the efficiency of the earth connections specified
in the preceding rules as to fulfil the following conditions,
viz. :—•
(i) that thei current passing from the earth counection.s
through the indicator to the generator shall not at
any time exceed either two amperes per mile of single
 61
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

tramway line or five per cent, of the total current

output of the station;
(li) that if at any time and at any place a test is made
by connecting a galvanometer or other current
indicator to the uninsulated return to any pipe in
the vicinity, it shall always be possible to reverse
the direction of any current indicated by interposing
a battery of three Leclanche cells connected in series
if the direction of the current is from the return to
the pipe, or by interposing one Leclanche cell if the
direction of the current is from the pipe to the
return.
_ In order to provide a continuous indication that the condition
(i) is_ complied with, the Company shall place in a conspicuous
position a suitable, properly connected and correctly marked
current indicator, and shall keep it connected during the whole
time that the line is charged.
The ovrner of any such pipe may require the Company to
permit him at reasonable times and intervals to ascertain by
test that the conditions specified in (ii) are complied with as
regards his pipe.
8. When the return is partly or entirely uninsulated, a con-
tinuous record shall be kept by the Company of the differences
of potential during the working of the tramway between the
points of the uninsulated return furthest from and nearest to
the generating station. If at any time such difference of
potential exceeds the limit of seven volts the Company shall
take immediate steps to reduce it below that limit.
9. Every electrical connection with any pipe shall be so
arranged as to admit of easy examination, and shall be tested
by the Company at least once in every three months.
10. Every line and every insulated return or part of a return,
except any feeder, shall be constructed in sections not exceeding
one-half of a mile in length, and means shall be provided for
insulating each such section for purposes of testing.
11. The insulation of the line and of the return when insulated
and of all feeders and other conductors shall be so maintained
that the leakage current shall not exceed one hundredth of an
ampere per mile of tramway. The leakage current shall be
ascertained daily, before or after the hours of running, when
the line is fully charged. If at any time it should be found
that the leakage current exceeds one-half of an ampere per mile
of tramway, the leak shall be localized and removed as soon as
practicable, and the running of the cars shall be stopped unless
the leak is localized and removed within twenty-four hours.
Provided that where both line and return are placed with a
conduit this regulation shall not apply.
12 The insulation resistance of all continuously insulated
cables used for lines, for insulated returns, for feeders, or
fox other purposes, and laid below the surface of the ground,
62
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

shall not be permitted to fall below the equivalent of ten megohms

for a length of one mile. A test of the insulation resistance
of all such cables sTiall be made at least once in each month.
13. Where in any case in any part of the tramway the line
is erected overhead aud the return is laid on or under the ground,
and where any wires have been erected or laid before the con-
struction of the tramway in the same or nearly the same direction
as such part of the tramway, the Company shall, if required
so to do by the owners of such wires or any of them, permit
such owners to insert and maintain in the Company's line one
or more induction coils or other apparatus approved by the
Company for the purpose of preventing disturbance by electrical
induction. In any case in which the Company withholds its
approval of any such apparatus, ,the owners may appeal to the
Governor in Council, who may dispense with such approval.
14. Any insulated return shall be placed parallel to and at a
distance not exceeding three feet from the line when the line
and return are both erected overhead, or eighteen inches when
they are both laid underground.
15. In the disposition, connections and working of feeders
the Company shall take all reasonable precautions to avoid
injurious interference with any existing wires.
16. The Company shall so construct and maintain their system
as to secure good contact between the motors and the line and
the line and return respectively.
17. The Company shall adopt the best means available to
prevent the occurrence of undue sparking at the rubbing or
rolling contacts in any place and in the construction and use
of their generator and motors.
18. In working the cars the current shall be varied as required
by means of a rheostat containing at least twenty sections, or
by some other equally efficient method of gradually varying
resistance.
19. Tlie Company shall, so far as may be applicable to their
system of working, keep records as specified below. These
records shall, if and when required, be forwarded for the infor-
mation of the Commissioners.

Daily Records.
Number of cars running.
Maximum working current.
Maximum working pressure.
Maximum ciirrent from the earth connections [vide riilu 7 (i) ).
Leakage current {vide rule 11).
Fall of potential in return [vide rule 8).

Monthly Records.
Condition of earth connection (vide rule G).
Insulation resistance of insulated cables (vide rule 12).
 63
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

Quarterly Records.
Conductance of joints to pipes (vide rule 9)..
Occasional Records.
Any tests made under provisions of rule 7 '(ii).
Localization and removal of leakage, stating time occupied.
Particulars of any abnormal occurrence affecting the electric
woi'king of the tramway.

SCHEDULE B.
• " MAXIMUM F.\RES roii PASSEXOERS.

1st Cla's. 2nd Class. 3rd Class.

From or to Johnston's Pier to or

from the entrance to Tanjong
Pagar Dock? for any distance... 20 cents 15 cents 10 cents
From or to the entrance to the
Tanjong Pagar Docks to or from
the end of Tramway No. 1 for
any distance 20 cents 15 cents 10 cents

FVom or to the entrance to Tanjong

Pagar Docks to or from High
Street for any distance 20 cents 15 cents 10 cents

From or to High Street to or from

Lavender Street for any distance 20 cents 15 cents 10 cents

From or to Lavender Street to or

from end at Tramway No. 2 for
any distance 20 cents 15 cents 10 cents

F'rom or to commencement of
Tramway No. 4 to or from
_Lavender Street for any distance 20 cents 15 cents 10 cents

From or to Ijavender Street to or

from end of Tramway No. 4 for
any distance 20 cents 15 cents 10-cents

For any distance on Tra-uwayNo. 5 20 cents 15 cents 10 cents

For any distance on Tramway

No. 6 constructed under the
provisions of section 5 ... 5 cents 3 cents

Peduced fares under section 44 for

any distance 12 cents 8 cents
64
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

SCHEDULE C.
MAXIMUM CHARGES FOR ANIMALS, GOODS, E T C .

Animals. Per mile.

For every horse, mule or other beast of draiight or
burden, per head ... ... ... ... ... 15 cents
For every ox, cow, bull or head of cattle, per head ... 15 ,,
For every calf, pig, sheep or other small animals,
per head ... ... ... ... ... ... 10 ,,
Goods and Minerals.
For all coals, coke, culm, charcoal, canuel, limestone,
chalk, lime, salt, sand, fireclay, cinders, dung,
compost and all sorts of manure, and all undressed
materials for the repair of public roads or high-
ways, per ton ... ... ... .:. ... ... 20 cents
For all tin in slabs, tin ore, iron ore, pig iron, bar
iron, rod iron, sheet iron, hoop iron, plates of iron,
slabs, billets and rolled iron, bricks, slags and
stone, stones for building, pitching and paving,
tiles, slates and clay (except fireclay), and for
wrought iron not otherwise specially classed
herein, and for heavy iron castings, including
railway chairs, per ton ... ... ... ... 35 ,,
For all sugar, grain, corn, flour, hides, buffalo horns,
gambier, cube gambier, illipe nuts, oopra., pine-
apples in cases, rattans, coffee in bags, gums and
gutta in cases and baskets, oil cake in rolls, canes,
pepper, coconut oil in casks, dyewoods, earthen-
ware, timber and metals (except iron), nails,
anvils, vices and chains, and for light iron cast-
ings, per ton ... ... ... ... ... ... 40 ,,
For cotton and other wools, drugs (except opium) and
manufactured goods, and all other wares, mer-
chandize, fish, articles, matters or things, per ton 50 ,,
For opium, per chest ... ... ... ... ... 30 ,,

Small Parcels.
For every parcel not exceeding seven pounds in weight,
each ... ... ... ... ... ... ... 5 cents
For any parcel exceeding seven pounds and not exceed-
ing fourteen pounds in weight, each ... ... 10 ,,
For any parcel exceeding fourteen pounds and not
exceeding twenty-eight pounds in weight, each ... 15 ,,
For any parcel exceeding twenty-eight pounds and not
exceeding fifty-six pounds in weight, each ... 20 ,,
For any parcel exceeding fifty-six pounds in weight,
such sums as the Company thinks fit.
 65
A.D. 1 9 0 2 .
Schedules.
TRAMWAYS.

Passengers' Luggage.
Above sixteen pounds every hundredweight or fraction thereof
of passengers' luggage shall be charged at the rate of one second
class passenger fare:
Provided that articles sent in large aggregate quantities,
although made up in separate parcels, such as bags of sugar,
coffee, meal and the like, shall not be deemed small parcels,
but that term shall apply only to single parcels in separate
packages.

Rules as ta the Charges mentioned in this Schedule.

Any less distance than a mile for which goods are conveyed
shall be deemed a mile, and a fraction of a mile beyond an
integral number of miles shall be deemed a mile.
For a fraction of a ton the Company may demand and take
charges according to the number of the quarters of a ton in
such fraction, and, if there is a fraction of a quarter of a ton,
such fraction shall be deemed a quarter of a ton.
With respect to all articles, except stone and timber, the
weight shall be determined according to the usual avoirdupois
weight.
With respect to stone and timber, fourteen cubic feet of stone,
fifty cubic feet of soft timber and forty feet of hard timber shall
be deemed one ton weight, and so in proportion for any smaller
quantity.

SCHEDULE D.
RATES FOR THE STJPPLY OF ELECTRIC ENERGY.

Energy for lighting.—Eighteen cents a unit for a minimum

supply of 100,000 units and upwards up to a limit of 500,000.
No higher rate shall be charged for an increased supply.
Energy for poioer.—Twenty-five per cent, less than the above
rates.

Vol. II.
66
A.D. 1902.
Ss. 1-4.

MAERIED WOMEN'S PROPERTY. .

Ordinance No. 76.
[ORDINANCE XI. OF 1902;
1st July, 1902.]
To amend the latu relating to the Property of Married
Women.
Short title. 1. This Ordinance may be cited as Ordinance No. 76
(Married Women's Property).
Interpreta- 2.—(1) In this Ordinance
tion.
" Married woman " includes any woman married in
accordance with the rites and ceremonies
required by her religion, manners or customs;
" Contract" includes the acceptance of any trust or
of the office of executrix or administratrix;
"Property" includes a thing in action.
(2) The provisions of this Ordinance as to liabilities
of married women shall extend to all liabilities by reason
of any breach of trust or devastavit committed by any
married woman being a trustee or executrix or adminis-
tratrix either before or after her marriage, and her
husband shall not be subject to such liabilities unless he
has acted or intermeddled in the trust or administration.
Construction 3_ This Ordinance shall be construed as subject to
oidmtnc°e Ordinance No. 26 (Mahomedans) in all cases to which
No. 26(Maiio- such last-meutioued Ordinance extends.
medans).
Married 4.—(1) A married woman shall, in accordance with
woman to t e
capable of this Ordinance, be capable of acquiring, holding and dis-
holding posing by will or otherwise of any moveable or immove-
of?ontract^g ^ble property as her separate property, in the same
2LS a feme sole, manner as if she were a fe7ne sole, without the interven
tion of any trustee.
(2) Section 19 of Ordinance No. 3 (Wills) shall apply
to the will of a married woman made during coverture,
whether she is or is not possessed of or entitled to any
separate property at the time of making it, and such
 67
A.D. 1 9 0 2 .
S. 5.
MARRIED WOMEN'S PROPERTY.

wrll shall not require to be re-executed or re-published

after the death of her husband.
(3) A married woman shall be capable of entering into
and rendering herself liable in respect of and to the
extent of her separate property on any contract, and of
suing and being sued, either in contract or in tort or
otherwise, in all respects as if she were a feme sole, and
her hnsband need not be joined with her as plaintiff or
defendant or be made a party to any action or other
legal proceeding brought by or taken against her; and
any damages or costs recovered by her in any such action
or proceeding shall be her separate property; and any
damages or costs recovered against her in any such action
or proceeding shall be payable out of her separate pro-
perty, and not otherwise.
(4) Every contract entered into by a married woman
otherwise than as agent
(a) shall be deemed to be a contract entered into
by her with respect to and to bind her sepa-
rate property, whether she is or is not in fact
possessed of or entitled to any separate pro-
perty at the time when she enters into such
contract;
(b) shall bindl all separate property which she is
at that time or thereafter possessed of or
entitled to; and
(c) shall also be enforceable by process of law against
all property which she is thereafter while
discovert possessed of or entitled to.
(5) Nothing in this section shall render available to .
satisfy any liability or obligation arising out of such
contract any separate property which at that time or
thereafter she is restrained from anticipating.
5. Every woman who marries after the first day of ^^^^^^'y °* ^
July 1902, shall be entitled to have and to hold as her ^^-^^ after
separate property, and to dispose of in manner afore- t^'^.o^^d^-^;^
said, all moveable or immoveable property which belongs herasa/«»<^
to her at the time of marriage, or is acquired by or '«''•
devolves upon her after marriage, including any wages,
earnings, money and property gained or acquired by
her in any employment, trade or occupation m which
Vol. I I . ^^
68
A.D. 1 9 0 2 .
Ss. 6-9.
MARRIED WOMEN'S PROPERTY.

she is engaged or which she carries on separately from

her husband, or by the exercise of any literary, artistic
or scientific skill.
Loans by wife 6. Any money or other estate of the wife, lent or
to husband.
entrusted by her to her husband for the purpose of any
trade or business carried on by him or otherwise, shall
be treated as assets of her husband's estate in case of his
bankruptcy under reservation of the wife's claim to a
dividend as a creditor for the amount of value of such
money or other estate after but not before all claims of
the other creditors of the husband for valuable con-
sideration in money or money's worth have been satisfied.

Execution of 7. The execution of a general power by will by a

general married woman shall have the effect of making the pro-
power.
perty appointed liable for her debts and other liabilities
in the same manner as her separate estate is made liable
under this Ordinance.
Property- 8.—(1) Every woman married before the first day of
acquired after
the Ordinance July, 1902, shall be entitled to have and to hold and
by a woman
married
to dispose of in manner aforesaid, as her separate pro-
before the perty, all moveable and immoveable property, her title
Ordinance to
be held by
to which, whether vested or contingent and whether in
hor as a feme possession, reversion or remainder, accrues after the
sole. first day of July, 1902, including any wages, earnings,
money and property so gained or acquired by her as-
aforesaid.
(2) Nothing in this Ordinance shall derogate from
the rights of any woman married before the said date in
any moveable and immoveable property to which she
would have been entitled by reason of religion, nationality
or otherwise if this Ordinance had not been passed.
Gifts by
husband to 9. Nothing in this Ordinance shall give validity, as
wife against creditors of the husband, to any gift by a husband
to his wife of any property which, after such gift, con-
tinues tO' be in the order and disposition or reputed
ownership of the husband, or to any deposit or other
investment of moneys of the husband made by or in the
name of his wife in fraud of his creditors; but any moneys
so deposited or invested may be followed as if this
Ordinance had not been passed.
 69
A.D. 1 9 0 2 .
Ss. 10 & 11.
MARRIED WOMEN'S PROPERTY.

10.—(1) Every woman, whether married before or ^^™j^''**'^

after the first day of July, 1902, shall have in her own woman for
name against all persons whomsoever, including her P^;i*'g*\°"it
husband, the same civil remedies and also, subject as oLepTrate^
regards her husband to the proviso hereinafter contained, P^P^rty.
the same remedies and redress by way of criminal pro-
ceedings for the protection and security of her own
separate property as if such property belonged to her
as a feme sole, but, except as aforesaid, no husband or
wife shall be entitled to sue the other for a tort.
(2) In any charge or other proceeding under this
section it shall be sufficient to allege such property to be
her property.
(3) No criminal proceeding shall be taken by any wife PTO^SO.
against her husband by virtue of this Ordinance while
they are living together as to or concerning any property
claimed by her, nor while they are living apart as to or
concerning any act done by the husband while they were
living together concerning property claimed by the wife,
unless such property has been wrongfully taken by
the husband when leaving or deserting or about to leave
or desert his wife.
(4) In any action or proceeding by a woman or by a
next friend on her behalf, the Court before which such
action or proceeding is pending shall have jurisdiction
by judgment or order to order payment of the costs of the
opposite" party out of property which is subject to a ^
restraint on anticipation, and may enforce such payment
by the appointment of a receiver and the sale of the
property or otherwise as is just.

11,—(1) A woman after her marriage shall continue wife's ante-

to be liable in respect and to the extent of her separate rndiiabfimes
property for all debts contracted and all contracts entered
into or wrongs committed by her before her marriage,
including any sums for which she is liable as a
contributory, either before or after she has been placed
on the list of contributories under and by virtue of
Ordinance No. 155 (Companies).
(2) Such woman may be sued for any such debt and
for any liability in damages or otherwise under any such
contract or in respect of any such wrong.
70
A.D. 1 9 0 2 .
Ss. 12 & 13.
MARRIED WOMEN'S PROPERTY.

(3) All sums recovered against such woman in respect

thereof or for any costs relating thereto shall be payable
out of her separate property.
(4) As between such woman and her husband, unless
there is any contract between them to thd contrary, her
separate property shall be deemed to be primarily liable
for all such debts, contracts or wrongs, and for all
damages or costs recovered in respect thereof.
(5) Nothing in this Ordinance shall increase or
diminish the liability of any woman married before
• the first day of July, 1902, for any such debt, contract
or wrong as aforesaid, except as to any separate property
to which she may become entitled by virtue of this
Ordinance, and to which she would not have been entitled
for her separate use if this Ordinance had not been
passed.
Husband to 12.—(1) A husband shall be liable for the debts of his
be liable to a
...™.„
certain _ _^
extentwife contracted, and for all contracts entered into and
for "his wlfe'7 wrougs Committed by her before marriage, including any
debts
contracted liabilities to which she is so subject .under Ordin-
before
marriage.
ance No. 155 (Companies) as aforesaid, to the extent of
all property whatsoever belonging to his wife which he
has acquired or become entitled to from or through
his wife, after deducting therefrom any payments made
by hiin and any sums for which judgment has been
bona fide recovered against him in any proceeding at
law in respect of any such debts, contracts or wrongs
for or in respect of which his wife was liable before
her marriage as aforesaid, but he shall not be liable for
the same any further or otherwise, and any Court in
which a husband is sued for any such debt may direct
any inquiry or proceedings which it thinks proper for the
purpose of ascertaining the nature, amount or value of
such, property.
(2) Nothing in this Ordinance shall increase or
diminish the liability of any husband married before the
first day of July, 1902, for or in res{)ect of any such debt
or other liability of his wife as aforesaid.
Suits for 13.—(1) A husband and wife may be jointly sued in
UabiS!" respect of any such debt or other liability, whether by
contract or for any wrong, contracted or incurred by
 71
A.D. 1 9 0 2
Ss. 14 & 15.
MARRIED WOMEN'S PROPERTY.

the wife before marriage as aforesaid, if the plaintiff

in the action seeks to establish his claim, either wholly or
in part, against both of them.
(2) If in any such action, or in any action brought
in respect of any such debt or liability against the
husba;nd alone, it is not found that the husband is liable
in respect of any property of the wife so acquired by
him or to which he has become so entitled as afore-
said, he shall have judgment for his costs of defence,
whatever may be the result of the action against the wife,
if jointly sued with him.
(3) In any such action against husband and wife
jointly, if it appears that the husband is liable for the
debt or damages recovered or any part thereof, the judg-
ment to the extent of the amount for which the husband
is liable shall be a joint judgment against the husband
personally and against the wife as to her separate pro-
perty; and as to the residue, if any, of such debt and
damages, the judgment sha,ll be a separate judgment
against the wife as to her separate property only.

1 4 . A wife doing any act with respect to any property Act of wife
of her husband which, if done by the husband with cri|^-j,*Ji
respect to property of the wife, would make the husband proceedings.
liable to criminal proceedings by the wife under this
Ordinance, shall in like manner be liable to criminal
proceedings by her husband.

15.—(1) In any question between husband and wife as auestions

to the title to or possession of property, either party may j^^'Xand and
apply by summons or otherwise in a summary way to wife as to
any Judge of the Supreme Court, and the Judge may Sded^i^°a''^
make such order with respect to the property in dispute summary
and as to the costs of and consequent on the application ^^^'
as he thinks fit, or may direct such application to stand
over, and any inquiry touching the matters in question
to be made in such manner as he thinks fit.
(2) Any order made under this section shall be subject
to appeal in the same way as an order made by the same
Judge in an action pending in the said Court.
(3) The Judge, if either party so requires, may hear
any such application in his private room.
 72
A.D. 1 9 0 2 .
Ss. 16-18
MARRIED WOMEN'S PROPERTY.

Married 16. A married woman who is an executrix or adminis-

woman as an
executrix or tratrix, alone or jointly with any other person or persons,
trustee. of the estate of any deceased person, or a trustee alone
or jointly as aforesaid of property subject to any trust,
may sue or be sued, and may transfer or join in trans-
ferring any moveable or immoveable property belonging
to the estate or trust without her husband as if she were
a feme sole.
Saving of 17.—(1) Nothing in this Ordinance shall interfere
existing
settlements with or affect any settlement or agreement for a settle-
and the power ment made or to be made, whether before or after
to make
future marriage, respecting the property of any married woman,
settlements. or shall interfere with or render inoperative any restric-
tion against anticipation at present attached or to be
hereafter attached to the enjoyment of any property or
income by a woman under any settlement, agreement for
a settlement, will or other instrument.
(2) No restriction against anticipation contained in
any settlement or agreement for a settlement of a woman's
own property, to be made or entered into by herself, shall
have any validity against debts contracted by her before
marriage, and no settlement or agreement for a settle-
ment shall have any greater force or validity against
creditors of such woman than a like settlement or agree-
ment for a settlement made or entered into by a man
would have against his creditors.

Legal 18. For the purposes of this Ordinance, the legal

representa-
tive of personal representative of any married woman shall m
married respect of her separate estate, have the same rights and
•woman.
liabilities as she would have, and be subject to the same
jurisdiction as she would be, if she were living.
 73
AD. 1902.
Ss. 1-3.

CRUELTY TO ANIMALS.
Ordinance No. 77.
[ORDINANCE XIV. OF 1902;
27th June, 1902.]
To prevent Cruelty to Animals.
1. This Ordinance may be cited as Ordinance No 77 short title
(Cruelty to Animals).

2. In this Ordinance, unless there is something repug- interpreta-

nant in the subject or context "o'^-
"Animal" means any bird, beast, fish, reptile or
insect, whether wild or tame.
3.—(1) The Governor in Council and, within the limits infirmaries
of any Municipality, the Municipal Commissioners may ofVnTmik!"*
appoint any suitable place to be an infirmary for
the purposes of this Ordinance, and may appoint an
officer or officers to manage such infirmary, and make
rules for the management thereof and fix fees for the
treatment of animals therein.
(2) When the Municipal Commissioners have estab-
lished within any Municipality an infirmary for the
treatment of animals, the Veterinary Surgeon of such
Municipality shall,, subject to the approval of the
Governor, have and exercise within the Municipality all
the duties and powers of the Government Veterinary
Surgeon of the Settlement under this Ordinance.
(3) A Police Court may order the removal. of any
animal in respect of which any offence has been com-
mitted under this Ordinance to any infirmary and the
detention of such animal therein for such time as is
stated in the order, and may direct the person convicted
of the offence to pay fees as prescribed for the treatment
of the animal during the period of its detention.
(4) Any order for the detention of any animal in an Orders for
infirmary may, instead of stating any time for the deten- infirmary Tnd
tion, direct that the animal shall be detained until it ^^'^^^'^' ^' ^^^
recovers, and the same shall, unless a Police Court makes
74
^.D. 1 9 0 2 .
Ss. 4-6.
CRUELTY TO ANIMALS.

an order for its liberation, be detained until the Govern-

ment Veterinary Surgeon of the Settlement certifies in
writing that it may properly be released.
Fees for (5) Any person ordered to pay any fees for the-treat-
treatment.
ment of any animal in any infirmary shall be liable to
the payment thereof, and such fees may be recovered as
a fine.
Order to (6) If the owner of any animal requests the officer
destroy at in charge of any infirmary to destroy it, the officer shall
owner's
request. cause the animal to be destroyed.

Power of 4 . A Police Court, on receipt of a certificate in writing

Police signed by the Government Veterinary Surgeon of any
oTiei *" Settlement, after personal inspection, t h a t an animal is
destruition of (jigeascd or injured and that the disease or injury from
which the animal is suffering is incurable, and that the
owner, if known, or person in charge, if any, has been
duly warned of the state of the animal, may by order
in writing direct such animal to be slaughtered, and
such order may forthwith be carried out by or under the
directions of any police officer.

Eecovery of
expenses of
5. If any animal is slaughtered or destroyed by
removal and virtue of this Ordinance, the expense of the removal
burial of and burial of the carcase of such animal shall be paid
animals
destroyed. by the owner or person in charge thereof, and the amount
thereof may be recovered as a fine from such owner or
person in charge.
Power of 6.—(1) Any police officer and, within the limits of any
arrest to
police officers. Municipality, any municipal officer appointed in that
behalf by the President of the Municipal Commissioners,
may arrest without warrant any person offending in his
view against any of the provisions of this Ordinance.
(2) Any animal, conveyance or article concerning or by
which an offence has been committed may be seized by
any such officer and taken to a pound, police station or
infirmary, and there kept, unless given up sooner by
order of a Police Court, until the charge is decided in
due course of law.
(3) Any such officer may stop in any street and
examine any animal in respect of which he suspects
that an offence has been committed under this Ordinance.
 75
A.D. 1 9 0 2 .
Ss. 7-10.
CRUELTY TO ANIMALS.

7. Any person who cruelly beats, ill-treats, tortures, J^^^^^o"''

over-drives or over-loads, or causes or procures to be an'imaL''
beaten, _ ill-treated, tortured, over-driven or over-laden,
any animal, shall be liable to a fine not exceeding one
hundred dollars or to imprisonment of either description
for a term which may extend to three months.

_ 8. Any person who causes any animals to fight, or ^<'"'^i*jf<""

aids or abets such fighting, shall be liable to a fine not animafsto
exceeding fifty dollars, or to imprisonment of either *'S'^'-
description for a term which may extend to six weeks.

9. Any person who employs or causes to be employed Penalty for

in any work or labour any animal which, in con- aSmailSfit
sequence of any disease, infirmity, wound or sore, or for labour.
otherwise, is unfit to be so employed, shall be liable to a
fine not exceeding one hundred dollars, or to imprison-
ment of either description for a term which may extend
to three months.

10.—(1) The Court by which any fine is imposed by Award to

virtue of this Ordinance may award any jDortion, not
being more than half thereof, to the informer.
(2) Subject to such award, every fine imposed by virtue
of this Ordinance, in respect of any offence committed
within the limits of any Municipality, shall be paid to
the Commissioners thereof, to be applied by them for the
purposes of any Municipal Ordinance for the time being
in force.
76
A.D. 1902.
Ss. 1-3.

PREVENTION OF CRIMES.
Ordinance No. 78.
[ORDINANCE XVI. OF 1902;
25th July, 1902.]

To enable the Governor in Council to employ special

means for the Prevention of Crime.
Short title. 1. This Ordinance may be cited as Ordinance No. 78
(Prevention of Crimes).
Power to 2. Whenever it appears to the Governor in Council
Governor in that it is expedient that for the prevention of crime
Council to put
Ordinance in this Ordinance should be put in force in any part of
force. the Colony by proclamation, he may order that this
Ordinance shall be put in force in such Settlement,
district, town, part of a town or other place as is
defined in such proclamation, and every such proclama-
tion shall remain in force until annulled by a subsequent
proclamation.
Penalties for 3.—(1) In every place in which this Ordinance is in
not carrying
a lantern and force any person who
for loitering
in the street (a) is found abroad between the hours of 9 p.m. and
at night. 5 a.m., not carrying or being attended by a
person carrying a lighted lantern or other
light sufficient to indicate his presence;
(6) is found loitering abroad or in the grounds or
compound attached to any dwelling house, not
being his own place of residence or one which
he has the permission of the owner or occupier
to enter, between the hours aforesaid, and is
unable to give a satisfactory account of
himself,
shall be liable to a fine not exceeding ten dollars or to
imprisonment for a term which may extend to one month,
or to both; or
Penalties for
carrying
(c) is found abroad in possession of any gun, pistol,
dangerous hanger, cutlass,kris, bludgeoner other offensive
weapons. weapon without lawful excuse, the proof of
 77
A.D. 1 9 0 2 .
S. 4.
PREVENTION OF CRIMES.

which excuse shall rest with such person, shall

be liable to a fine not exceeding one hundred
dollars or to imprisonment for a term which
may extend to six months, or to both.
(2) Any police officer may » Powers of
^ ' •* -^ •' search and
(a) search any person suspected of committing an ''"est.
offence against clause (c);
(6) arrest without warrant any person offending
against any of the provisions of this Ordin-
ance.
4.—(1) The Chief Police Officer having authority in Powers of
any place in which this Ordinance is in force may, by officerto
writing under his hand, exempt any person residing in exempt
such place from the provisions of this Ordinance. thrprovisions
(2) He shall report every such exemption without delay Ordinance.
to the Colonial Secretary or at Penang to the Resident
Councillor or at any other Settlement to the Chief Civil
Officer, and may at any time withdraw any such exemp-
tion, giving immediate notice of such withdrawal to the
person affected thereby, and also to the Colonial Secretary
or Resident Councillor or other Chief Civil Officer.
78
A.D. 1902.
Ss. 1-4.

TELEGRAM COPYRIGHT.
Ordinance No. 79.
[ORDINANCE XXII. OF 1902;
12th September, 1902.]

To secure in certain cases the right of property in

Telegraphic Press Messages.
Short title. ^ xhis Ordinance may be cited as Ordinance No. 79
(Telegram Copyright).
E.xciu.sive 2.—(1) When any person, in the manner hereinafter
pCTson^receiv- mentioned, publishes in any newspaper or other printed
ingjinews paper published and circulated in the Straits Settlements
pubii^sHhe any message sent by electric telegraph from any place
same. outside the said Colony lawfully received by such person,
no other person shall, without the consent in writing of
such first-mentioned person or his agent thereto lawfully
authorized, print or publish or cause to be printed or
published such telegram, or the substance thereof, or any
extract therefrom until after a period of forty-eight hours
from the time of first publication, provided that such
period shall not extend beyond sixty hours from the time
of the receipt of such message, exclusive of Sundays and
public and bank holidays.
(2) The publication of the whole or any part of such
telegram or of the substance thereof or, excepting the
publication of any similar message in like manner sent,
of the intelligence therein contained, or any comment
upon or any reference to such intelligence, shall be deemed
to be a publication of the same.
Penalty for 3 . Any pcrsou who wilfully prints and publishes or
puwilh^ng. causes to be printed and published any matter contrary
to this Ordinance, shall be liable for a first offence to a
fine not exceeding one hundred dollars, and for any sub-
sequent offence to a fine not exceeding two hundred
dollars.
m?ssr*ef how ^- Telegraphic messages published under the protec-
toTe'^ITiuted. tiou of this Ordinance shall be printed under the heading
 79
A.D. 1 9 0 2 .
Ss. 5-7.
TELEGRAM COPYRIGHT.

"By Submarine Telegraph," and shall state the day and

hour of their receipt, and such statement shall be prima
facie evidence of the time of the receipt of such messages.

5.—(1) During the period of forty-eight hours herein- Protected

before mentioned, no intelligence protected by this Kest^tions
Ordinance shall be transmitted by electric telegraph to ontransmis-
any person outside the Straits Settlements by or on behalf ''°'' '^™'"^'
of any person other than the person who, under this
Ordinance, is entitled to the exclusive use of such
intelligence.
(2) Any person acting in contravention of this section Penalty.
shall be liable for a first offence to a fine not exceeding
one hundred dollars, and for any subsequent offence to a
fine not exceeding two hundred dollars.

6.—(1) In any prosecution under this Ordinance, the Evidence of

production of any document which purports to be a tele- P'^'^"'^ '°"
graphic message from some place outside the Straits
Settlements, and which contains the intelligence pub-
lished as aforesaid, and which is addressed to and has
been delivered to the publisher or to some person on his
behalf by the Government Telegraph Department or a
Telegraph Company, shall be prima facie evidence that
the message published as hereinbefore described in such
newspaper or other printed paper is a message within
the meaning of this Ordinance.
(2) Proof that any person is owner, or is or is acting or
appears to be acting as editor or manager of any news-
paper in which there has been any publication contrary
to this Ordinance, shall be prima facie evidence that such
person has wilfully caused such unlawful publication.

7. Nothing in this Ordinance shall extend to any Limitation of

document published by the Government Printer or to the 0'^^™"'^«-
report of any proceedings in the Legislative Council.
80
A.D. 1902.
Ss. 1-4.

MILITARY MANCEUVRES.
Ordinance No. 80.
[ORDINANCE XXXI. OF 1902
28th November, 1902
ORDINANCE X X I I I . OF 1903
9th October, 1903.]

To facilitate Military Manoeuvres and Artillery

Practice.
Short title. 1. This Ordinance may be cited as Ordinance No. 80
(Military Manoeuvres).
Interpreta- 2. In this Ordinance
tion.
" The Officer Commanding " means the Officer Com-
manding the Troops in the Colony.
Part I.
Power to 3 . Subject to this Ordinance, the Officer Commanding
authorise
execution of may authorize the execution of military manoeuvres for
military training purposes and gun and musketry field practice in
manoeuvres.
any part of the Colony and at any time of the year.

Notice to be 4.—(1) Whenever the number of troops to be engaged

given where
number of in such manoeuvres exceeds three thousand, notice in
troops en-
gaged exceeds
writing shall be given to the Colonial Secretary at least
3,000. one month before the date on which it is proposed to
execute such manoeuvres, specifying the date of the com-
mencement of such manoeuvres, the period not exceeding
three months during which and approximately the limits
within which such manoeuvres are to be executed.
(2) Such notice shall specify a date, not earlier than
one month from the conclusion of the manoeuvres, within
which claims for compensation arising from the putting
in force of this Ordinance shall be sent to an officer to be
named in such notice, and called the Compensation
Officer.
Publication of (3) The Colouial Secretary shall cause copies of such
notice to be posted in every village, and at other con-
venient places within the limits therein mentioned, at
 81
A.D. 1 9 0 2 .
Ss. 5 & 6
MILITARY MANCEUVRES.

least fourteen days before the day named for the com-
mencement of such manoeuvres.
(4) Whenever the number of troops to be engaged in Restriction
1 _ J- ^3 C3 ^Wn PTR Tl o
such manoeuvres does not exceed three thousand, no such notice given.
notice as is mentioned in subsection (1) shall be
necessary.
(5) Where no such notice is given the military
manoeuvres shall not extend beyond a period of twenty-
four hours.
5.—(1) When any military manoeuvres are being •^'"^''.™,,
executed under this Ordinance, such persons as are forThT
engaged in the manoeuvres may, within the limits specified v'^vose of
m such notice, if any, and during the specified period
(a) pass over and encamp, construct military works
not of a permanent character, and execute
military manoeuvres on any land;
(b) supply themselves with water from any sources
of water, public or private, and for that pur-
pose dam up any running water, provided
that such damming does not interfere with
any trade or industry, and that nothing in
this Ordinance shall authorize the taking of
water from any source of supply belonging
to a private owner or public authority, except
subject to the supply shown to be required
by those entitled to use such water supply.
(2) Nothing in this Ordinance shall authorize entry on
or interference with any dwelling house, place of worship,
school, factory, store or premises used for the carrying on
of any business or manufacture, or any ground attached
to any place of worship or school or any premises enclosed
within the curtilage of or attached to any dwelling house.
6.—(1) Full compensation shall be made by the Officer Compensation
Commanding for any damage to persons or property, ^°''^^""'s^-
or interference with rights or privileges, arising from
putting in force any of the provisions of this Ordinance,
including therein all expenses reasonably incurred in
protection of person, property, rights and privileges, and
any damage by reason of excessive weight or extra-
ordinary traffic caused to any highway for the repair of
which any public body or any individual is responsible.
Vol. li. 6
82
A.D. 1 9 0 2 .
Ss. 7-10.
MILITARY MANCEUVRES.

(2) Such compensation shall be paid to all persons who

send in their claims to the Compensation Officer named
in such notice as aforesaid within the period named in
such notice, or if there is no such notice to the Deputy
Assistant Adjutant-General of His Majesty's forces in
the Colony, within one month from the conclusion of the
manoeuvres.
Assessment of
compensation.
7.—(1) If the amount of compensation is not settled
by agreement between the Compensation Officer and the
claimant, or between the Deputy Assistant Adjutant-
General and the claimant, the difference between them
shall be referred to arbitration, and the sending in of a
claim for compensation shall be treated as a submission
to arbitration under Ordinance No. 51 (Arbitration).
(2) The reference shall be to two arbitrators having
power to appoint an umpire under the said Ordinance.
Man.ieuvres,
etc., not be
8. No military manoeuvres shall be executed and no
held on the military encampment made on any land forming part of
catchment
area of water
the catchment area in connection with the Impounding
works. Reservoir of the Singapore Water Works, or on any land
set apart for the collection of water for the supply of
any public water works.

Part II.
Manoeuvring
and firing
9. The Governor m Council may by proclamation
grounds. declare that
(a) any area specified in such proclamation shall be
a manoeuvring ground;
(&) any area specified in such proclamation shall be
a firing ground;
and in like manner may declare that any such area or
part of such area shall cease to be a manoeuvring ground
or a firing ground, as the case may be.
Powers of
Officer 10.—(1) The Officer Commanding may, in respect of
Commanding any manoeuvring ground declared so to be under
troops with section 9,
respect to
manoeu-vring
ground. {a) at any _ time direct military manoeuvres to be
carried on within the manoeuvring ground
without giving the notice required by section 4;
 :"-'"^'«»*i«: • 83
A.D. 1 9 0 2 .
S. 11.
MILITARY MANCEUVRES.

(b) exercise, with respect to the performance of

manoeuvres within the manoeuvring ground,
all the powers vested in him for the purpose
of military manosuvres under Part. I.
(2) All the provisions in Part I. with regard to
(a) the powers exercisable for the purpose of mili-
tary manoeuvres;
(b) compensation for damage and assessment of
compensation;
(c) offences,
shall be applicable to all manoeuvres carried on under
this Part in and over the manoeuvring ground.
11,—(1) The Officer Commanding may, in respect of Q^®^^°^
any firing ground declared so to be under this Part, commanding
, \ , ,• n • • p n - i i n respect of
(a) at any time cause firing exercises of any kind,firingground.
or experiments in gunnery, or any act or
practice incidental to such exercises or experi-
ments, or any other military exercise to be
carried out within the firing ground, giving
not less than twenty-four hours' notice thereof
to the occupiers of land in or over which such
exercises, experiments, acts or practices are
to take place, by the hoisting of a red flag in
a conspicuous position within the firing area;
(&) cause to be removed all or any buildings within
the firing ground, or any trees or other things
which may hinder or interfere with the full
exercise of the rights given by this Part;
(c) prohibit the erection of any new building within '
the firing ground.
(2) All the provisions contained in Part I. with regard
to •
(a) the powers exercisable with regard to military 4
manoeuvres;
(6) compensation for damage and assessment of
compensation;
(c) offences,
shall be applicable to any military exercise carried on
under this Part in and over the firing ground.
Vol. I I . 6A
84
A.D. 1 9 0 2 .
Ss. 12-14.
MILITARY MANCEUVRES.

Rules for fir- 12.—(1) The Officer Commanding may make rules and
ing grounds.
regulations for securing the safety of the public during
the use of the firing ground for the purposes of military
exercises, and may, by such rules and regulations among
other things,
(a) exclude all persons not engaged in the military
exercises from the whole or any part vf the
firing ground while such exercises are being
carried on;
(b) regulate the conduct of any persons permitted
to be within the firing ground while such
exercises are being carried on.
(2) All such rules and regulations shall be published
in the Gazette, and shall not have any force until they
have been so published.
(3) Copies of such rules and regulations, in English,
Malay and Chinese, shall be posted in at least three
conspicuous places within the firing ground.
(4) Any person committing any breach of any such
rules or regulations shall be liable to a fine not exceeding
twenty-five dollars.

Compensa- 1 3 . Compensation shall be paid by the Officer Com-

tion.
manding to the owners or occupiers, or both, of land
within any firing ground for any loss or damage arising
from the land owned or occupied by them being pro-
claimed a firing ground under this P a r t , such compen-
sation to be independent of and in addition to any com-
pensation in respect of damage for which compensation
may be awarded to them under P a r t I.

Form of 14.—(1) Such Compensation, unless otherwise agreed,

compensation, gjjg^jj ^Q jj^ |.jjg form of an annual rent, payable to every
person entitled to such compensation so long as the land
in respect of which it is paid continues to be p a r t of a
firing ground.
(2) The amount of such compensation shall be such
as is agreed upon between the Deputy Assistant Quarter-
Master-General and the claimant, and if the amount of
such compensation cannot be settled by agreement, the
difference between the parties shall be referred to arbi-
tration, and the sending in of a claim to compensation
 85
AD. 1 9 0 2 .
Ss. 15 & IS.
MILITARY MANCEUVRES.

shall be treated as a submission to arbitration under

Ordinance No. 51 (Arbitration).
(3) The reference shall be to two arbitrators having
power to appoint an umpire under the said Ordinance.

15.—(1) Every claim for compensation under section 13 Limit of time

shall be made in writing to the Deputy Assistant Quarter- compeXtion.
Master-General within two months after the land in
respect whereof such claim is made has been used as a
firing ground for the purposes of military exercises by
virtue of a declaration under this Part.
(2) No compensation shall be granted for any building
erected or commenced after the posting of the rules and
regulations as provided in section 12.

16.—(1) Where any area which has been declared to Q^^^"*

be a firing ground under section 9 abuts on any .sea or commanding
tidal water, or where artillery or rifle practice is or can the Troops to
, . ' •'.,_ ••- , „ make rules m
be carried on over any sea, tidal water or shore irom relation to
an'y such area, rules may be made by the Officer Com- ^^^g^ or^
manding in relation to any such sea, tidal water or shore shore.
as if they were part of the land. ,
(2) Such rules shall be published in the Gazette.
(3) If any such rule injuriously affects or obstructs ^™jf exTr^iS
the exercise of any private right of any person in or of private
over such sea, tidal water or shore, that person shall be "^'^^ affected.
entitled to compensation, and the compensation shall,
in case of difference, be ascertained in the manner pro-
vided by section 14.
(4) Any rule which affects any public right within fgegtZ^^^i^
the meaning of this section shall be published in the rights.
Gazette, and shall be laid upon the table of the Legis-
lative Council, and shall not come into force until ap-
proved, with or without amendment, by a resolution of
that Council.
(5) Where an area to which rules under this section ^''^o|^^™?fg
apply consists of any sea or tidal water, or the shore of areas which
thereof, and the boundaries of the area cannot, in the conveniently
opinion of the authority making the rules, be conveni- be marked by
ently marked by permanent marks, those boundaries shall ^'aX!""'*
be described in the rules and shall be deemed to be suffi-
1902.
17 & 18.
MILITARY MANCEUVRES.

ciently marked for the purposes of this Part if, while

the area is in use for military or naval purposes, sufficient
means are taken to warn the public from entering the
area.
(6) For the purposes of this section, " public right"
means any right of navigation, anchoring or fishing.

Part III.
17.—(1) Any person who during the continuance of
any military manoeuvres under Part I.
(a) wilfully and unlawfully interferes with the
execution of the manoeuvres;
(b) without due authority enters or remains in any
camp,
shall be liable to a fine not exceeding twenty dollars, and
he and any animal or vehicle under his charge may be
removed by any police officer or by order of any com-
missioned officer of the forces engaged in the manoeuvres.
(2) Any person who during the continuance of such
manoeuvres
(a) without due authority moves any flag or other
mark distinguishing for the purposes of the
manoeuvres any lands; or
(6) maliciously cuts or damages any telegraph or
telephone wire laid down by or for the use
of the forces engaged in the manoeuvres,
shall be liable to a fine not exceeding fifty dollars.

1 8 . Any person committing any breach of any rules

made under section 16 shall be liable to a fine of one
hundred dollars.
 87
A.D. 1 9 0 2 .
Ss. 1-4.

SURVEYORS.

Ordinance No. 81.

[ORDINANCEX X X V I I . OF 1902;
13th August, 1903.]
To provide for the licensing of Sufveyors.

1. This Ordinance may be cited as Ordinance No. 81 short title.

(Surveyors).
2 . No person shall practise as a surveyor or leveller AII practising
in any p a r t of the Colony unless he has been licensed as brilcensed."
such by the Surveyor-General.

3 . No surveys and plans shall be receivable in the I'^^'^g^^^'"j

Registry of Deeds except Defds to be
/ \ T ,• / 1 1 made only by
(a) any survey or plan purporting to have been licensed
prepared before the thirteenth day of surveyors.
November, 1903;
(6) any survey or plan purporting to have been
prepared after the thirteenth day of Novem-
ber, 1903, which has been prepared and signed
by a licensed surveyor;
(c) a copy of any such last-mentioned plan or survey
which is signed as being a true copy by a
licensed surveyor.
4.—(1) Every applicant for a licence who is unable E'^amination
\ / 1/ X X ^ tor Iic6iic6.
to produce proof satisfactory to the Surveyor-General
that he is a competent surveyor, shall pass such exami-
nation as is prescribed by the Governor.
(2) Notice of the time when and the subjects in
which applicants shall be examined shall be published
in the Gazette, and one or more of the local newspapers
a t least one month previously to the date fixed for such
examination.
(3) Every such applicant shall, at his option, be
examined by the Surveyor-General at Singapore, or by
such person and at such place within the Settlement in
which the applicant resides as the Surveyor-General
appoints.
88
A.D. 1 9 0 2 .
Ss. 5-8.
SURVEYORS.

Fees. 5.—(1) Every applicant for a licence shall pay the

following fees :—
for an examination in surveying only ... $20
for an examination in surveying and
levelling ... ... ••• ••• $30
(2) All such fees shall be paid in stamps.

Licence. 6. Every licence shall be in the form contained in the

schedule.
Eegistratiou
and licence
7.—(1) Whenever it is made to appear to any Dis-
may be trict Court within whose jurisdiction any licensed
cancelled. surveyor resides that such surveyor has been_ guilty
of gross misconduct in the discharge of his duties as a
surveyor, or that he has proved himself incapable of
discharging such duties with advantage to the public,
su<ih Court may, after a summary iiivestigation of the
matter of complaint, cancel the licence of such surveyor.
(2) The complaint may be made by the Surveyor-
General or, in the case of an aggrieved person, by petition
after reference to the Surveyor-General.
(3) Every such cancellation shall be in the form of an
order of Court, and such order shall be subject to appeal to
the Supreme Court in the manner provided by Chapter
LV.of the Civil Procedure Code at any time within thirty
days from the date on which the order is made.
(4) Every such order of cancellation, unless the same
is set aside by the Supreme Court, shall be communicated
by the District Court to the Surveyor-General, who shall
give effect thereto.
(5) The licensee shall forthwith deliver up his cancelled
licence to the District Court, in default whereof he shall
be liable to a fine not exceeding one hundred dollars.

•^'^^"^ 8. The Surveyor-General shall cause to be published

registered and lu thc Gazcttc at the beginning of every month a list of
^ ubifsifed" ^^ all persons who have been licensed as surveyors during
the preceding month, and shall, upon any order of can-
cellation under section 7 being communicated to him,
forthwith notify the same in the Gazette.
 89
A.D. 1 9 0 2 .
Schedule.
SURVEYORS.

9 . Any person who practises or attempts or professes Penalty for

• TIT"! PT1 m Tl Q^

to practise as a surveyor in any part of the Colony, without a

either without having been duly licensed as such or after licence.
his licence has been cancelled in manner aforesaid, shall
be liable for the first offence to a fine not exceeding one
hundred dollars, and for the second or any subsequent
offence to a fine not exceeding five hundred dollars.
1 0 . Nothing herein contained shall apply to any Government
surveyor for the time being in the service of the Govern- andsTrv^Vor-
ment, or shall prejudicially affect the operation of any General.
existing or future enactments relating to plans or surveys
purporting to be signed by the Surveyor-General or any
officer on his behalf.
1 1 . All offences against this Ordinance may be tried Jurisdiction,
by a Police Court.

SCHEDULE.

FORM OF LICENCE TO PRACTISE AS A SURVEYOR.

1, the undersigned Surveyor-General of the Straits Settle-

ments, do here-with authorize and license
of to practise as a surveyor (or as a
surveyor and leveller) in the Colony of the Straits Settlements.
Dated this day of , 19 .

Surveyor-General, S.S.
90
A.D. 1903.

MUNICIPAL THEATRE.
Ordinance No. 82.
[ORDINANCE V. OF 1903;
8th May, 1903.]

To enable the Municipal Commissioners of Singapore

to convert the Singapore Town Hall into a Theatre.

WHEREAS the present Town Hall of Singapore, herein-

after referred to as the Old Town Hall, is situate on a
portion of the land comprised in Government Grant
No. 8 dated the eleventh day of May, 1864, and made
between the Secretary of State for India in Council on
behalf of Her Majesty Queen Victoria of the first part
and the Municipal Commissioners of Singapore of the
second part, and is now vested in the Municipal Com-
missioners of Singapore in fee simple, subject to certain
trusts in favour of the public set forth in a deed which
cannot now be found :
AND WHEREAS, in order worthily to perpetuate the
Memory of Her late Majesty Queen Victoria and Her
Glorious Reign, a fund has been raised for the purpose
of erecting upon another portion of the said land a
building to be called " The Victoria Memorial Hall,"
which said building is now in course of erection and
when completed is intended to be held by the Municipal
Commissioners of Singapore in trust to allow the same
to be used for the proper purposes of a Town Hall :
AND WHEREAS it would be for the public benefit that
the Old Town Hall should cease to be used for the general
purposes of a Town Hall and should be converted into
a public Theatre, to be used for such entertainments and
other purposes and upon such terms and conditions as
the Municipal Commissioners think fit:
AND WHEREAS it is doubtful whether, in accordance
with the trusts of the said before-mentioned deed which
cannot now be found, the Municipal Commissioners may
lawfully permit the Old Town Hall to be converted iiito
and to be used as a Theatre :
 91
A.D. 1 9 0 3 .
Ss. 1-4.
MUNICIPAL THEATRE.

AND WHEREAS it is anticipated that the said fund will

be more than sufficient for the completion of the Victoria
Memorial Hall, and it is desirable that power should be
given to apply any surplus in altering the structure of
and in furnishing and equipping the Old Town Hall
so as to fit the same for permanent use as a Theatre.
I t is hereby enacted by the Governor of the Straits
Settlements, with the advice and consent of the Legis-
lative Council thereof, as follows :—
1. This Ordinance may be cited as Ordinance No. 82 short title.
(Municipal Theatre).
2. The Municipal Commissioners of Singapore may rower to
permit such alterations to be made in the structure of cwmir
the Old Town Hall as may fit it for permanent use as a sion^ers to
Theatre notwithstanding any trusts upon which they now present Town
hold the same. Haiiintoa
theatre.
3,—(1) The Theatre shall when completed in every Purposes of a
respect be held by the Municipal Commissioners of xC.tre^''
Singapore upon trust, to use the same for such public pur-
poses as they think fit, and from time to time, at their
discretion, and upon such terms and conditions as they
think fit, to permit any person or company to use the
same for the public or private representation of stage
plays or the holding of public or private entertainments,
theatrical or otherwise, concerts or public meetings.
(2) The Municipal Commissioners may refuse any
application made for the use of the said theatre without
assigning any reason for such refusal.
4 . The said Theatre shall be exempt from the opera- ^^^^^^';!i'^^
tion of Ordinance No. 106 (Theatres). exempt from
Ordinance
No. 106
(Theatres .
92
A.D. 1 9 0 3 .
Ss. 1-4.

BILLIARDS.
Orjdinance No. 8 3 .
[ORDINANCE IX. OF 1903;
26th June, 1903.]
To regulate the use of public Billiard Tables.

Short title. 1. This Ordinance may be'cited as Ordinance No. 83

(Billiards).

Public 2 . Every house, room or place kept for the purpose

^'^b"ii ensT ^^ public billiard playing, or where a public billiard
e icense ^^-j^^^e, bagatelle board or instrument used in any game
of a like kind is kept, at which persons are admitted to
play, except houses or premises specified in any licence
granted under section 46 of Ordinance No. 118 (Liquors
Revenue), shall be licensed under this Ordinance.

Licences by 3.—(1) Licences under this Ordinance may be granted

whom to be
granted. by and at the discretion of the Board* of Licensing
Justices oonsituted under Ordinance No. 118 (Liquors
Revenue) in the same manner as licences granted under
that Ordinance.
Fees. (2) A fee of three dollars for every period of three
months or part of such period shall be paid in respect
of every such licence, or such other fee as is prescribed by
order of the Governor in Council.
(3) Licences under this Ordinance may be in the form
set out in the schedule, or in such other form as is pre-
scribed by order of the Governor in Council.
Licences 4.—(1) All licences issued under this Ordinance shall
subject to
conditions. be subject to such conditions and restrictions as the Board
of Licensing Justices of the Settlement directs, and
subject to such rules as are passed and issued under
subsection (3).
Cancelment. (2) The Board of Licensing Justices, with the sanction
of the Governor, may cancel any licence issued on breach
of any of such conditions or restrictions, and may cancel
the licence of any person convicted of any offence under
 93
A.D. 1 9 0 3 .
Ss. 5-8.
BILLIARDS.

this Ordinance, or of any breach of any rule made under

subsection (3).
(3) The Board of Licensing Justices, with the approval Ri^ies^for
of the Governor in Council, may make rules management.
(a) for the management of houses licensed under
this Ordinance;
(b) for fixing the hours for opening and closing the
same;
(c) for securing the good behaviour of the keepers
or managers of such houses, the strict obser-
vance of the peace, and the prevention of
drunkenness and disorder therein.
5.—(1) Every person licensed under this Ordinance Notice of
shall put and keep up, during the continuance of his posTeTon^^
licence, the words " Licensed for Billiards," legibly premises.
painted, near the door and outside the house or premises
specified in such licence
(2) Any person who fails so to do shall be liable to a
fine of ten dollars for every day during which such default
continues.
6. Any person who keeps any such billiard table, baga- ^^^'^^^^ ^°^
telle board or instrument for public use without being bmS^d table
duly licensed so to do, and not holding a licence under j^og^""*
section 46 of Ordinance No. 118 (Liquors Revenue) in
respect of the house or premises in which such billiard
table, bagatelle board or other instrument is kept or used,
shall be liable to a fine not exoseding one hundred dollars
for every day on which such billiard table, bagatelle board
or other instrument is so used or kept, besides any penalty
to which he may be liable for keeping a common gaming
house.
7. Any person licensed under this Ordinance who ^1°^^^^^°"^
offends against the tenor of his licence, and any person licensees.
who acts in contravention of any rules made under this
Ordinance, shall be liable for the first offence to a fine not
exceeding fifty dollars, and for the second or any subse-
quent offence to a fine not exceeding one hundred dollars.
3^—(1) Any police officer may enter any house, room ^"J't^i^^Jgj
or place where any public billiard table, bagatelle board biiiiard
or instrument used in any game of a like kind is kept. '"'°'^^-
94
A.D. 1 9 0 3 .
Schedule.
BILLIARDS.

(2) Any person licensed under this Ordinance who

refuses to admit or does not admit any police officer
shall be liable for the first offence to a fine not exceeding
fifty dollars, and for the second or any subsequent offence
to a fine not exceeding one hundred dollars.
Provisions for 9. The powers vested by this Ordinance in the
places outside
Municipal Licensing Justices may be exercised outside Municipal
limits. limits in any district by the District Officer, subject to
the approval of the Chief Civil Officer of the Settlement,
and in the Island of Singapore by the Inspector-General
of Police.

SCHEDULE.
A. B. now residing at is hereby
authorized to keep a house (or room) for public billiard
playing at (Iiere specify the house) provided that he (or
s she) puts and keeps up the words " licensed for billiards "
legibly printed in some conspicuous place near the door
and on the outside of the said house (or room) and does
IS not knowingly allow the consumption of intoxicating
liquors therein by the persons resorting thereto and does
not knowingly suffer any unlawful games therein and
f^ does not knowingly suffer persons of notoriously bad
character to assemble and meet together therein and does
not open the said house (or room) for play or allow any
play therein after and before
of the clock in the morning but keeps good order
therein. This licence shall continue in force from the
day of next until the
day of 19
<e©
By order of the Board of Licensing Justices.
(Signed)
Excise Licensing Officer.
 95
A.D. 1903.
Ss. 1-4.

COCOS ISLANDS.

Ordinance No. 84.

[ORDINANCE XVIII. OF 1903;
25th September, 1903.]

To provide for the better Administration of the Cocos

Islands.

1. This Ordinance may be cited as Ordinance No. 84 short title.

(Cocos Islands).

2.—(1) From and after the fifteenth day of July, 1903, Cocos islands
the Cocos Islands, including the Northern Island, other- *£ th™ '^^^^
wise called the North Keeling Island, situated in the Settlement of
Indian' Ocean in latitude twelve degrees five minutes '°^*P°^®'
south and longitude ninety-six degrees fifty-three minutes
east, shall for administrative purposes be incorporated
with and form part of the Settlement of Singapore.
(2) The Supreme Court of the Straits Settlements
shall have jurisdiction in and over the said Islands, and
in all actions, suits and matters, civil and criminal,
arising therein, and all Magistrates having jurisdiction
to act in and for the said Settlement shall have the like
jurisdiction to act in and for the said Islands.

3 . From and after the twenty-fifth day of September, |t^^?ts°^*^®

1903, save as hereinafter provided, the law of the Straits settlements to
Settlements and no other shall be in force in the said coc'^/isiandl
Islands.

4_—(1) No Ordinance or part of an Ordinance mentioned orS^'^nces

in the schedule shall be in force in the said Islands until not to be in
the same has been declared to be in force in the said iXnd^'^°''°'
Islands by an order of the Governor in Council.
(2) In construing any such Ordinance or part of an
Ordinance, until it is so declared to be in force, the said
Islands shall not be deemed to be a part of the Settlement
of Singapore.
 cocos ISLANDS.

5- Every Ordinance which hereafter comes into

"orce in the Settlement of Singapore shall apply to and
»e in force in the said Islands, except so far as is other-
pise therein provided.

SCHEDULE.

Ordinance No. 57 (Native Passenger Lodging-houses).

Ordinance No. 61 (Pawnbrokers).
Ordinance No. 64 (Defence Contribution).
 97
A.D. 1903.
Ss. 1^.

INQUIRY COMMISSIONS.
Ordinance No. 85.
[ORDINANCE XXII. OF 1903;
9th October, 1903.]
To enable the Governor to appoint Commissioners to
inquire into and report on matters referred to them
by the Governor in Council.

1. This Ordinance may be cited as Ordinance No. 85 short title.

(Inquiry Commissions).

2.—(1) Whenever it appears to the Governor in The Governor

Council that information is necessary concerning any may issue
,, ! . • j_j_i IT • • r. • ^ ^ Commissions
matter relating to the public service m any of its branches, with the
or affecting the good government of the Colony, the s'^'el'^utiTe'^'
Governor may issue a Commission under his hand and the Council;
Public Seal of the Colony appointing one or more persons
to be Commissioners to inquire into and report upon such
matter.
(2) When more than one Commissioner is appointed
one of them shall be named as President of the
Commission.
(3) Commissions under this Ordinance may be in the
form given in the schedule with such variations as in any
particular case appear necessary.
3 . The Governor may add to the persons named in And add
any such Commission, and in case any person appointed ™™^''
or added under this Ordinance dies, or resigns, or desires
to be discharged, or refuses, or becomes incapable to
act, the Governor may appoint a new Commissioner in his
place, and all the powers and duties by this Ordinance
conferred and imposed on a Commissioner shall be exer-
cised and performed by the Commissioner so added or
appointed.
4.—(1) The Commissioner or Commissioners may by Attendance of
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
Vol. II. 7
98
AD. 1903.
Ss. 5-7.
I N Q U I R Y COMMISSIONS.

person residing or being within the Colony whose evidence

is in his or their judgment material to the subject matter
of the inquiry, 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
inquiry.
(2) Every person so named shall accordingly attend
before the Commissioner or Commissioners, and shall pro-
duce such books, papers and documents as are required
of him, and are in his possession or power, according to
the tenor of the summons.
Remuneration 5.—(1) Whenever any person summoned to attend
to witnesses
residing out before such Commissioners is residing or found in another
of Settlement. Settlement he shall not be bound to attend before the
Commissioner or Commissioners till a reasonable sum has
been tendered to him for his expenses, probable loss or
injury, if any.
(2) 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 show cause why he should
not appear as required.
(3) 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
Settlement.
Examination 6.—(1) The -Commissioner or Commissioners may
of witnesses.
administer an oath to every person examined before him
orthem touching the matters to be inquired into under
this Ordinance.
(2) It shall not be necessary for him or them to take
evidence upon oath unless he or they think fit so to do, or
unless expressly directed by the Commission so to do.
(3) All persons examined before him or them, whether
on oath or not, shall be legally bound to state the truth.
Witnesses
refusing to 7.—(1) If any person upon whom any such summons is
attend, etc. served by the delivery thereof to him, or by the leaving
thereof at his usual place of abode
{a) fails without reasonable cause, to be allowed by
the Commissioner or Commissioners, to appear
 99
A.D. 1 9 0 3 .
S. 8.
INQUIRY COMMISSIONS.

before him or them at the time and place men-

tioned in the summons;
(b) refuses to be sworn or does not make answer to
such questions as are put to him touching the
matters directed to be inquired into by the
Commissioner or Commissioners; or
(c) refuses or fails without reasonable cause, to be
allowed by the Commissioner or Commis-
sioners, to produce and show to the Commis-
sioner or Commissioners any such paper, book
or document being in his possession or power
as to the Commissioner or Commissioners
appears necessary for arriving at the truth of
the matters to be inquired 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 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 depending in such
Court.
(2) The Commissioner or Commissioners shall not Reference to
exercise any of the powers 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 reporting to the Governor in
Council the case which renders in his or their opinion the
exercise of such power necessary, and obtaining the sanc-
tion of the Governor in Council.
8.—(1) Any person examined as a witness in an inquiry indemnity to
under this Ordinance who, in the opinion of the Commis- '"^*''*°^*^-
sioner or Commissioners 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 examina-
tion made a full and true disclosure as aforesaid.
(2) 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
Vol. I I . 7A
100
A.D. 1 9 0 3 .
Schedule.
INQUIRY COMMISSIONS.

witness any costs he may have been put to by the institu-

tion of the proceeding.
(3) No evidence taken under this Ordinance shall be
admissible against any person in any civil or criminal
proceeding whatever, except in the case of a witness who
is accused of having given false evidence before a Com-
missioner or Commissioners conducting an inquiry under
this Ordinance.
Commission- 9. Every Commissioner appointed under this Ordin-
ers to be
public ser- ance shall, so long as he is acting as such Commissioner,
vants and be deemed to be a public servant within the meaning of
inquiries to be
•' judicial the Penal Code, and every inquiry under this Ordinance
proceedings "
under the
shall be deemed to be a judicial proceeding within the
renal Code. meaning of the same Code.

Service of 10. Every process issued by a Commissioner or Com-

process. missioners under this Ordinance shall be served by the
Sheriff and his officers at the several Settlements.

SCHEDULE.
FORM OF COMMISSION.

GEORGE V. by the Grace of God of the United Kingdom of

Great Britain and Ireland and of the British Dominions beyond
the Seas King, Defender of the Faith, and Emperor of India.
Governor.
L.S.
To
(Names of Commissioners.)
WHEREAS we have deemed it expedient for divers good causes
and considerations that a diligent and full inquiry should forth-
with be made into (here state subject or subjects of inquiry, and
whether as relating to the Public Service in any of its branches, or
as affecting the good government of the Colony or both).
KNOW YE, therefore, that reposing great trust and confidence
in your zeal, industry, discretion and integrity WE do by these
presents authorize and appoint you to make a diligent and full
inquiry into (here state subject or subjects), and WE do by these
presents give and grant to you full pownr and authority to call
before you any such persons being in the Colony as you shall
judge necessary for the purpose of making the aforesaid inquiry,
and also to call for and have access to and require the production
 101
A.D. 1 9 0 3
Schedule.
INQUIRY COMMISSIONS.

before you of all official and other books, documents, papers and
records as you may deem expedient, and to examine witnesses on
oath or otherwise, and that within months after the
date of this Commission you do certify to us under your hands
your several proceedings and your opinion and recommendations
on the premises; and this Commission shall continue in full force
althotigh the proceedings thereunder shall not be continued by
adjournment from time to time, and youjnay, 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 we hereby command all Government
officers and other persons whomsoever within the Colony that they
be assistant to you, and each of you, in the execution of these
presents, and we appoint you
to be President of this Commission, and we 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.
I n testimony whereof we have caused these our Letters to be
made patent and the Public Seal of our Colony to be hereunto
affixed.
Witness His Excellency, ,
Governor and Commander-in-Chief and Vice-Admiral of our
Colony of the Straits Settlements at Government House,
Singapore, this day of , 19 .
By His Excellency's Command,
Colonial Secretary.
N.B.—Any of the powers in this form may be struck out by
the Governor at his discretion in granting the Commission.
The time for executing this Commission may be extended by
order of the Governor endorsed on the Commission under the
hand of the Colonial Secretary.
102
A.D. 1903.
Ss. 1-8.

COINS.
Ordinance No. 86.
[ORDINANCE XXIV. OF 1903;
9th October, 1903.]

To regulate the Import and Export of Coin.

Short title. 1. This Ordinance may be cited as Ordinance No. 86

(Coin).

Lnterpreta 2. In this Ordinance

tion.
"Banker" means any corporation carrying on the
business of bankers or financial agents in the
Colony;
" Money-changer" means a person who carries on
the business of money-changing as his chief
business.
Prohibition 3_—(1) Subject to the approval of a Secretary of
by Governor
in Council of State, the Governor in Council may by order
importation,
exportation (a) prohibit the importation into the Colony of such
and coins, whether legal tender within the Colony
circulation of
or not, as are in such order specified;
(b) prohibit the exportation from the Colony of such
coins, being legal tender within the Colony,
as are in such order specified.
(2) The Governor in Council may by order
{a) prohibit the circulation in the Colony of such
foreign coins, not being legal tender within
the Colony, as are in such order specified;
(b) exempt any Country or State from the operation
of any order prohibiting the import into or
export from the Colony of such coins as are
in such order specified.
Publication of (3) Every order made under this section shall be pub-
order, lished in the Gazette, and shall not come into force until
so published.
 103
A.D. 1 9 0 3 .
Ss. 4 & 6.
COINS.

'•'-' 4.—(1) Any person who, in contravention of any such Penalty

order, imports or exports or attempts to import or export ^ove^Zin^
any coin in such order specified to the amount of five '=°™i'i
dollars in nominal value or upwards in the case of copper Ti^ordeT^'""
or bronze coin, or of twenty-five dollars in nominal value
or upwards in the case of silver coin, shall be liable to
a fine not exceeding one thousand dollars.
(2) Any coin so imported or exported or attempted
to be imported or exported in contravention of any such
order shall be forfeited.
(3) In any case in which it has been proved, to the
satisfaction of a Court, that coin has been exported in
contravention of any such order, it may impose, in addi-
tion to the fine authorized by this section, a further
penalty not exceeding the amount or value of the coin
so found to have been exported.
(4) This section shall not apply to any coin imported or
exported with the permission in writing under the hand
of the Colonial Secretary or of any officer appointed in
that behalf by the Governor; such permission shall specify
the terms on which such coin may be imported or exported,
as the case may be.
(5) Any person importing or exporting coin in con-
travention of the terms of such permission shall be liable
to a fine not exceeding one thousand dollars, and any
coin so imported or exported shall be forfeited. The
provision contained in subsection (3) shall apply in the
case of any coin exported in contravention of the terms
of any such permission.
(6) Any person who, in contravention of any such Penalty for
order, circulates or attempts to circulate any coin in such p^j^'^'eY
order specified shall be liable to a fine not exceeding coin.
twenty-five dollars, and the coin shall be forfeited.
(7) For the purposes of this section, a person is not
deemed to circulate coin who gives such coin to a banker
or money-changer in exchange for other coins or for
notes.
5. Any coin, the circulation of which in the Colony Forfeiture of
is for the time being prohibited by any such order as ^^n'^'**"^
aforesaid, found within the Colony otherwise than in
the possession of a banker or money-changer, after the
104
AD. 1 9 0 3 .
Ss. 6-9.
COINS.

expiration of thirty days from the publication in the

Gazette of such order, may, if it amounts to the nominal
value of five dollars or upwards in the case of copper
or bronze coin, or twenty-five dollars or upwards in the
case of silver coin, be forfeited, and may be seized with-
out warrant by any police officer and detained pending
adjudication.

Search under 6. A Justice of the Pcace, if satisfied by sworn infor-

7us«ceof°the matiou in writing that there is good cause to believe that
Peace for coin auy coin which has been imported, or is in the act of
e^po^te^d in"" being imported or exported, in contravention of any such
contravention order, is likely to be found in any place to the nominal
value of fifty dollars or upwards, may by warrant under
his hand direct any police officer, named or specified
therein, to enter such place and search the same and seize
all coin or coins found therein, the import or export of
which is for the time being prohibited, and detain the
same pending adjudication.
Police may 7. Any person found offending against this Ordinance
arrest
without may be arrested by any police officer without warrant.
warrant.

Forfeiture of 8. Forfeitures of coin may be declared under this

coin by whom O r d i n a n c e
declared.
(1) by the Supreme Court upon information filed
by His Majesty's Attorney-General under
Ordinance No. 22 (Crown Suits);
(2) by the convicting Court in all cases where a
person is convicted of an offence against this
Ordinance in respect of such coin;
(3) by a Police Court where no person is convicted
and the nominal value of the coin does not
exceed five hundred dollars.

Fine paid to 9. The Court may direct any fine or portion of a fine
informer.
imposed and levied under this Ordinance to be paid to
the informer.
 105
A.D. 1 9 0 4 .
Ss. 1 & 2.

POST OFFICE.
Ordinance No. 87.
[ORDINANCE XII. OF 1870;
1st May, 1871;
ORDINANCE V. OF 1904;
1st June, 1904;
ORDINANCE XV. OF 1907;
1st January, 1908.]

To consolidate the laws relating to the Post Office.

1. This Ordinance may be cited as Ordinanc-e No. 87 short title.
(Post Office).
Part I.
Interpretation.
2. In this Ordinance, unless there is something repug- interpreta.
nant in the subject or context
" Postmaster-General" means the Postmaster

Postal Department means the DeparimMit pre-

sided over by the Postmaster-General;
" Officer of the Postal Department" includes any
person employed in any business of the Postal
Department, or on behalf of the Postal
Department;
"Post Office" includes every house, building, room,
vessel, carriage used for the purpose of the
Postal Department, and every letter box pro-
vided by the Postal Department for the receipt
of postal articles;
" Postal article " includes any letter, postcard, news-
paper, book, document, pattern or sample
packet, parcel, and every article or thing
transmissible by post;
" Postage " means the duty chargeable for the trans
mission by post of postal articles;
106
A.D. 1 9 0 4 .
S. 3.
POST OFFICE.

" Postage stamp " means any stamp provided by the

Governor for denoting postage, or other fees,
or sums payable in respect of postal articles
under this Ordinance, and includes adhesive
postage stamps, and stamps printed,
einbossed, impressed or otherwise indicated on
any en.velope, wrapper, post-card, or other
article;
" Fictitious stamp" means any facsimile or imita-
tion or representation, whether on paper or
otherwise, of any stamp for denoting; any rate
of postage, including any stamp for denoting
a rate of postage of any part of Hia Majesty's
dominions or of any foreign country;
" Mail bag'' means any bag, box, parcel, or other
envelope or covering in which postal articles
in course of transmission by post are conveyed,
whether it does or does not contain any such
article;
" Contract packet" means any vessel for the convey-
ance of mails pursuant to contract or continu-
ing arrangement;
"Vessel" means any ship or other vessel not being
a contract packet.

Meaning of 3 . For the purposBs of this Ordinance

•'in course of
transmission" ^a) a postal article shall be deemed to be in course of
" delivery." transmission by post from the time of its being
delivered to a post office to the time of its
being delivered to the addressee, or of its being
returned to the sender or otherwise disposed
of under this Ordinance;
(&) the delivery of a postal article a t the house or
office of the addressee, or to the addressee, or
to his servant, or agent, or other person con-
sidered to be authorized to receive the article
according to the usual manner of delivering
postal articles to the addressee, and where the
addressee is a guest or is resident a t an hotel
delivery to the proprietor or manager thereof,
or to his agent, shall be deemed to be delivery
to the addressee.
 107
A.D. 1 9 0 4 .
Ss. 4^11.
POST OFFICE. •

Establishment.
4.—(1) There shall be one General Post Office of the P«^' offi««-
Colony in Singapore, a Post Office in Penang, and a Post
Office in Malacca.
(2) All post offices shall be deemed to be established
under this Ordinance.
5 . The Govornor 'in Ouuiiti^ may establish District District i '
Post Offices at such places as he thinks fit, and discontinue ^°^* *^*^'^*'-'
any such post office.

6. The Postmaster-General may, with the approval of ^l^^'''^^^y:^

the G ovornoi',*provide receiving boxes for the deposit of °^'"'' ^
postal articles, and shall cause the boxes to be cleared as
often as public convenience reasonably requires.

7. The Governor may appoint for the postal services of ^.PP°i°*j"^'^'^*

the Colony such officers under such official designations as officers^
he deems expedient.
8. The Postmaster-General and all other officers of the PO^^" of
, n 1 1 postal omcers.
Postal Department shall have all the powers and
privileges hereby conferred upon the holders of their
respective offices.
9-—(1) No person shall be capable of holding the office Declarations
of Postmaster-General, Assistant Postmaster-General, ^ be made by
. ' o I T-. A postal omcers.
Superintendent, Postmaster, bub-Postmaster, or Agent
of the Postal Department unless he has first made and
subscribed before a Justice of the Peace the declaration
contained in schedule A.
(2) No person shall be capable of being a clerk, sorter,
officer or servant of the Postal Department unless he has
first made and subscribed in like manner the declaration
contained in schedule B.
1 0 . The Assistant Postmaster-General of Penang and Klstef-
the Postmaster of Malacca shall be deputies of the General.
Postmaster-General.
1 1 . No officer of the Postal Department shall be liable Postal officer
to serve on any jury or inquest, any Ordinance to the con- ser^vT^ as™""
trary notwithstanding. • , u^ ^'""°''
108
A.D. 1 9 0 4 .
Ss. 12 & 13.
POST OFFICE.

Uniforms for 1 2 . The Postmaster-Gencral may prescribe a uniform

postal dress to be worn by employees of the Postal Department.
employees. -^•••" j j. ./

Privilege and Protection of Government.

Exclusive 13.—(1) Wheresoever posts or postal communications
privilege of are established by the Government of this Colony the
Postmaster-
General. Postmaster-General, by himself or his deputies, servants
and agents, shall have the exclusive privilege of con-
veying by post from one place to another all letters,
except in the following cases, and shall also have the
exclusive privilege of performing all the incidental ser-
vices of receiving, collecting, sending, despatching and
delivering all letters, except in the following- cases :—
(a) letters not exceeding three in number sent by a
private friend on his way, journey or travel
for delivery by such friend to the person to
whom they are directed without hire, reward
or other profit or advantage for receiving,
carrying or delivering them;
(b) letters solely concerning the affairs of the sender
or receiver thereof sent by a messenger on
purpose;
(c) letters solely concerning goods or other property
sent either by sea or by land to be delivered
with the goods or property, which such letters
concern, without hire, reward or other profit
or advantage for receiving, carrying or
delivering them; provided that such letters are
open to inspection and have superscribed
thereon the words " Consignee's letter," or
other words to the same effect.
(2) Nothing herein contained shall authorize any
person to make a collection of letters, except as aforesaid,
for the purpose of sending them otherwise than by post.
Persons (3) Subject as aforesaid the following persons are
hlbitedfeom"" expressly forbidden to collect, carry, tender or deliver
collecting and letters, or to reccive letters for the purpose of carrying of
carrjnng
letters. " delivering the same, although they do not receive hire,
reward or other profit or advantage for so doing :—
(a) common carriers of passengers or goods and their
drivers, servants or agents, except as regards
 109
A.D. 1 9 0 4 .
Ss. 14-16.
POST OFFICE.

letters solely concerning goods in their

carriages or conveyances; and
(b) owners, masters or chinchews of vessels passing
to or from any port within the Colony from
or to any port within or without the Colony,
and their servants or agents, except as regards
letters solely concerning goods on board, such
letters being open to inspection and having
the words " Consignee's letters," or other
words to the same effect, superscribed thereon,
and except letters in respect of which a master
is entitled to a gratuity under this Ordinance
or letters received under section 48 (3);
(c) passengers or other persons on board of such
ships.
(4) For the purposes of this section " letters " include
post-cards.

1 4 . No letters, unless exempt by law, shall be conveyed No letters to

into or out of the Colony from or to any place between excepTby^*^
which and the Colony posts or postal communications are po^t-
established, or from one Settlement to another, or be
delivered or distributed in the Colony otherwise than by
or through the post.
15.—(1) The Government shall not incur any liability Exemption
by reason of the loss, misdelivery or delay of, or damage fOTToss?^'"' ^^
to, any postal article in course of transmission by post, misdeiiVery,
except in so far as such liability is in express terms damlg°e^
undertaken as hereinafter provided.
(2) No officer of the Postal Department shall incur any
liability by reason of any such loss, misdelivery, delay or
damage, unless that person has knowingly caused the
same fraudulently or maliciously, or by his wilful act or
default.

Rates, Regulations and Stamps.

16.—(1) The Governor in Council may by order deter- Power to fix
mine the rates of postage to be charged upon all postal l^^^^ll^
articles sent from one post office in the Colony to another,
or upon postal articles for places outside the Colony, and
the scale of weights according to which such rates shall
 110
A.D. 1 9 0 4 .
Ss. 17 20.
POST OFFICE.

be charged, so, however, that no such order shall be incon-

sistent with any instructions on the subject transmitted
from the Secretary of State.
(2) Every such order shall be published in the Gazette,
and when so published shall have the same effect as if
inserted in this Ordinance.
Governor in 17.—(1) The Governor in Council may, subject to such
Council may
make instructions as aforesaid, make such regulations' as are
regulations. necessary for the better execution of this Ordinance for
(a) the transmission by post of postal articles;
(b) the dimensions, weight and contents of postal
articles;
(c) the sale and affixing of postage stamps;
(d) prepayment;
(e) the franking of official postal articles;
(/) the times and modes of posting and delivery;
(g) certificates of posting and delivery;
(h) late fees and fines on unpaid postal articles;
(i) the registration and insurance of postal articles;
(j) the disposal of undelivered postal articles;
(k) money orders; and
(l) other similar regulations.
(2) All such regulations as affect the public shall be
published in the Gazette, and shall have no effect until so
published.

stamps,
18. The Governor may provide proper postage stamps
dies, etc. and proper dies and other implements for denoting by
adhesive stamps or otherwise the rates of postage and
other sums payable under this Ordinance, or any rule
made thereunder.
Sailors' and
19. All letters received or sent by sailors and soldiers
LVrT of His Majesty's sea or land forces shall be charged with
such reduced rates of postage as are allowed to them by
any Act of the Imperial Parliament.

Unpaid and Refused Postal Articles.

Liabilities for
payment of ^9'~i^l ^^^ person to whom any postal article .» is
postage. tendered for delivery, on which postage or any other
sum IS due, shall not be bound to pay the postage or other
 Ill
A.D. 1 9 0 4 .
Ss. 21 & 22. '
POST OFFICE.

sum due if he forthwith returns the same unopened, but

if he opens the same or does not forthwith return it
unopened, he shall be bound to pay the postage or other
sum due thereon.
(2) If any such postal article appears to the satisfac-
tion of the Postmaster-General, or his deputy, to have
been maliciously sent for the purpose of annoying the
addressee, he may remit the postage.
(3) If any postal article on which postage, or any other
sum chargeable is due, is refused or returned as afore-
said, or if the addressee is dead or cannot be found, then
the sender shall be bound to pay the postage or sum due
thereon.

2 1 . When any postal article is delivered to the Postal arTides posted

Department, and has thereby become liable to postage, by mistake.
and evidence is adduced to the satisfaction of the Post-
master-General, or his deputy, that such postal article
has been delivered to the Postal Department by mistake,
the Postmaster-General, or his deputy, may cause such
postal article to be opened in the presence of an officer of
the Postal Department, and may return the same without
charge to the person interested, unless such packet
contains any letter or manuscript liable to postage, in
which case the Postmaster-General, or his deputy, shall
retain the postal article until the full rate of postage
upon such letter or manuscript has been paid thereon.

22.—(1) If any person refuses to pay any postage or pos't^gTau'd

other sum which he is legally bound to pay in respect of other sums
any postal article, the Postmaster-General, or any officer of^postaT''^'*
in charge of a post office, may withhold from the person articles.
so refusing any postal article addressed to that person,
not being on His Majesty's service, until such postage has
been paid.
(2) Such postage may be recovered from such person
for the use of the Postal Department on the application
of any officer of the Postal Department, authorized in this
behalf by the written order of the Postmaster-General, as
if it were a fine imposed under this Ordinance, in any
Police Court having jurisdiction where such person is
for the time being resident.
112
A.D. 1 9 0 4 .
Ss. 23-27.
POST OFFICE.

Post Office 2 3 . In every proceeding for the recovery of any post-

T^h^idlL. age or other sum alleged to be due under this Ordinance
in respect of a-postal article
(a) the production of a postal article having thereon
the official mark of the Postal Department
denoting that the article has been refused, or
that the addressee is dead, or cannot be found,
shall be prima facie evidence of the fact so
denoted; and
(b) the person from whom the postal article purports
to have come shall, until the contrary is
proved, be deemed to be the sender thereof.

Official mark
to be evidence
24. The official mark on a postal article denoting that
of amount of any postage or other sum is due in respect thereof to the
postage. Postal Department of the Colony, or to the Postal
Department of the United Kingdom or of any British
possession or foreign country shall be prima facie
evidence that the sum denoted as aforesaid is due.

Conditioiis of Transmission of Postal Articles.

^'".postal 2 5 . After any postal article has been delivered to the
opened or re- post office uo pcrsou employed by or under the Postal
turned except Department shall, except as otherwise prescribed, open
by warrant of ^ , ^ ^ cc .-i
Governor or or r e t u m the same to any person or procure or suffer the
other officer game to bc opcued or returned unless he is authorized
appointed b y , ^ . . . i i i i
him. to do SO by express warrant m writing under the hand
of the Governor or other officer appointed by him.
Special 26. The Governor or such other officer as aforesaid
warrant.
may, in the interests of justice or in a special emergency,
grant such warrants for opening or returning any
specified correspondence.
Transmission 27.^—(1) Except as otherwise prescribed and subject
by post of
anything to such conditions as are prescribed, no person shall
injurious send by post any explosive, dangerous, filthy, noxious or
prohibited.
deleterious substance, any sharp instrument not properly
protected or any living creature which is either noxious
or likely to injure postal articles in course of transmission
by post or any officer of the Postal Department.
 ' 113
A.D. 1 9 0 4 .
-i Ss. 28-30.
POST OFFICE.

(2) No person shall send by post any. article or thing

which is likely to injure postal articles in course of trans-
mission by post or any officer of the Postal. Department.

2 8 . N o person shall send by post Transmission

(a) any indecent or obscene printing, painting, anything*
photograph, lithograph, engraving, book or indecent, etc.,
card or any other indecent or obscene article; bearing'''
(6) any postal article having thereon or on the cover fictitious
thereof any words, marks or designs of an ^^^^''
indecent, obscene, seditious, scurrilous,
threatening or grossly offensive character;
(c) postal articles bearing any fictitious postage
stamp or purporting to be prepaid with any
postage stamp which has previously been used
to prepay any other postal article or which
has previously been used in payment of any
stamp duty;
(d) correspondence posted without covering or in
open envelopes or open covers containing any
lottery ticket or any advertisement of prizes
or any other announcement relating to any
public lottery, sweepstakes or other gambling
transaction.
29.—(1) The Governor in Council may make regula- Governor may
tions for preventing the sending and delivery of articles "g'^fi^tions
prohibited by section 28, and for detaining such articles, dealing with
if sent or tendered for transmission by post, and for ^^ticies!^'^
dealing with or disposing thereof.
(2) All such regulations shall be published in the
Gazette, Bind when so published shall have the same effect
as if they had been enacted in this Ordinance.
30.—(1) Where the despatch or delivery from a post I'ower to
office of letters would be delayed by the despatch or despatch-
delivery therefrom at the same time of book, pattern or of*certain
sample packets and parcels or any of them, such packets articles.
or parcels or any of them may, subject to such rules as
the Governor in Council makes, be detained in the post
office so long as is necessary.
(2) Where separate parcel posts are established parcels
may be forwarded and conveyed by them, being detained,
if necessary, in the post office for that purpose.
Vol. I I . ' 8
114
A.D. 1 9 0 4 .
Ss. 31-33.
POST OFFICE.

Power to deal Q-j^—(I) Any postal apticlc sent by post which is sus-
riticirpo'sted pected by the Postmaster-General to be sent in contraven-
in contraven- ^[QJ^ ^f ^ny of the provisions of this Ordinance or of any
Ordinance. Tulc thereunder may be detained and opened in the post
office in the presence of the Postmaster-General and shall
be either returned to the sender or forwarded to its
destination, in each case charged with such additional
postage, if any, as the Governor in Council prescribes.
(2) Any officer in charge of a post office or authorized
by the Postmaster-General in this behalf may open or
unfasten any newspaper or any book, pattern or sample
packet in course of transmission by post Avhich he sus-
pects to have been sent in contravention of any of the
provisions of this Ordinance or of any rule made there-
under.

Prohibited 32.—(1) Any postal article sent by post in contra-

articles to be
destroyed. vention of section 27 may, under the authority of the
Postmaster-General, if necessary, be opened and destroyed.
(2) Any postal article sent by post in contravention
of sections 28 (a), 28 (b) or 28 (d) may, under the authority
of the Postmaster-General, be destroyed.

Power to deiil 33.—(1) If the Postmaster-General or his deputy has

with postal
afrticles reason to believe that any postal article contains goods
containing in respect of which an offence is being committed or
goods in
respect of attempted to be committed, or if he is requested to do so by
which an
offence is
the Chief Police Officer or by the Superintendent of Chandu
being and Liquors Revenue, he shall require by notice in writing
committed. the attendance at the post office at a specified time of
the addressee of such postal article or of some agent
deputed in writing by such addressee, and of the person,
if any, who made the request or of his agent deputed
in writing, and such postal article shall then be opened
by the addressee or his agent in the presence of an officer
of the Postal Department, deputed for the purpose by
the Postmaster-General or his deputy, and of any other
person named or referred to in the notice who attends.
(2) If the addressee or his agent fails to attend in
pursuance of the notice or refuses to open the article,
the same shall be opened by the officer of the Postal
Department in the presence of any of the persons named
or referred to in the notice who attend.
 115
A.D. 1 9 0 4 .
Ss. 34 & 35.
POST OFFICE.

(3) In all cases a postal article, after being opened

under this section, shall be delivered to the addressee
unless it is required for the purpose of any further
proceedings under this or any other Ordinance or
regulation for the time being in force.

34.—(1) Where a -postal article is received by post ^e^^"^ *° f^^

from any place beyond the limits of the Colony Trticies from
(a) bearing a fictitious stamp, or faring
(b) purporting to be prepaid with any postage stamp ftam'ps"'
which has been previously used to prepay any
other postal article,
the officer in charge of the post office at which the postal
article is received shall send a notice to the addressee
inviting him to attend either in person or by agent within
a specified time at the post office to receive delivery of
the postal article.
(2) If the addressee or his agent attends at the post
office within the time specified in the notice and consents
to make known to the officer in charge of the post office
the name and address of the sender of the postal article,
and to re-deliver to the office aforesaid the portion of the
postal article Avhich bears the address and the fictitious
or previously used stamp, or if the postal article is
inseparable from the stamp, the entire postal article shall
be delivered to the addressee or his agent.
(3) If the addressee or his agent fails to attend at
the post office within the time specified in the notice,
or having attended within that time refuses to make
known the name and address of the sender or to re-deliver
the postal article or portion thereof as required by sub-
section (2), the postal article shall not be delivered to
him, but shall be disposed of in such manner as the
Governor in Council directs.

Registration and Insurance.

35.—(1) Every sender of a postal article may, subject Registration
to the other provisions of this Ordinance and subject to ll^V°^^^f
such restrictions as to time and place as the Governor
in Council prescribes, have the article registered at the
post office at which it is posted and require a receipt
therefor, and the Governor in Council may, by notification
Vol. II. 8A
116
A.D. 1 9 0 4 .
Ss. 36-38.
POST OFFICE.

in the Gazette, direct that in addition to any postage

chargeable under this Ordinance such further fee as is
fixed by the notification shall be paid on account of the
registration of postal articles.
(2) In the event of the loss, whilst in the custody of
the Postal Department of the Colony, of any registered
article the Postmaster-General shall pay an indemnity
in accordance with the provisions of the Convention
regulating the affairs of the Postal Union at the time
the loss occurred.
Insurance of 3 6 . The Governor in Council may by notification in
postal
articles. the Gazette direct that
(a) any postal article may, subject to the other pro-
visions of this Ordinance, be insured at the
post office at which it is posted against the
risk of loss or damage in course of trans-
mission by post, and that a receipt therefor
shall be granted to the person posting it; and
{b) in addition to the postage and fees for regis-
. tration chargeable under this Ordinance, such
further fee as is fixed by the notification shall
be paid on account of the insurance of postal
articles.
Power to 37.—(1) The Governor in Council may by notification
require
insurance of in the Gazette declare in what cases insurance shall be
postal
articles. required, and may direct that any postal article contain-
ing anything required to be insured, which has been posted
without being insured, shall be returned to the sender
or delivered to the addressee, subject to the payment of
such special fee as is fixed by the notification.
(2) The levy of such special fee as aforesaid shall not
impose any liability upon the Government in respect of
the postal article.

J^s^^e'ct'of'" 38.—(1) Subject to such conditions and restrictions

postal articles as are prescribed, the Government shall be liable to
insured. pg^y compensation, not exceeding the amount for which
a postal article has been insured, to the sender thereof
for the loss of the postal article or its contents or for
any damage caused to it in course of transmission by
post.
 117
A.D. 1 9 0 4 .
Ss. 39-42.
POST OFFICE.

(2) The compensation so payable shall in no case exceed

the value of the article lost or the amount of the damage
caused.
39.—(1) The Governor in Council, in making rules Power to
as to the insurance of postal articles, may in particular J^'^f^g^^Mr
and without prejudice to the generality of his power " '"^™'°'°'^'
{a) declare what classes of postal articles may be
insured under section 36;
(&) fix the limit of the amount for which postal
articles may be insured; and
(c) prescribe the manner in which the fees for insur-
ance shall be paid.
(2) Postal articles made over to the Postal Department
for the purpose of being insured shall be delivered when
insured at such places and times and in such manner as
the Postmaster-General by order appoints.
40.—(1) The Postmaster-General shall keep accounts Accounts to
of all postal articles received and despatched by him, the^po*t^^
with the particulars of postage and moneys due thereon, master-
in such manner and form as the Governor directs, but so "General.
that the accounts of moneys payable to the Imperial
Postmaster-General are kept distinct from the accounts
of moneys payable to the Colonial Treasury.
(2) The Postmaster-General shall keep the accounts of
moneys payable to the' Imperial Postmaster-General in
such form and shall transmit such moneys in such manner
as the Imperial Postmaster-General directs.

Undelivered Postal Articles.

4 1 . Postal articles which for any reason cannot be Undelivered
delivered, hereinafter referred to as " undelivered postal ^^^'^ ''^'"^ ''^'
articles," shall, after being detained at a post office for
the prescribed period, be either forwarded free of further
charge to the post office at which they were posted, for
return to the sender, or sent to the office of the Post-
master-General.
42.—(1) Every postal article received at the office of Disposal of
the Postmaster-General under section 41 shall be dealt posMTticies
with as follows : at office of
Postmaster
{a) if practicable it shall be re-directed and for- General.
warded by post to the addressee; or
 118
A.D. 1 9 0 4 .
Ss. 43 & 44.
POST OFFICE.

(b) if it cannot be re-directed and forwarded by post

to the addressee, it shall be opened by some
officer appointed by the Postmaster-General
in this behalf and bound to secrecy in order
to ascertain the name and address of the
sender.
(2) If the name and address of the sender are so
ascertained, it shall be returned by post to the sender
free of further charge or subject to such further charge
as is prescribed by the Governor in Council.

Final disposal
of undelivered
4 3 . Undelivered postal articles which cannot be
postal articles. disposed of under the foregoing provisions shall be
detained in the office of the Postmaster-General for such
further period, if any, and shall be dealt with in such
manner as the Governor in Council directs :
Provided that
(a) letters and postcards shall be destroyed;
(b) all money found in any undelivered postal article
shall be paid into the Treasury, and all other
saleable property found as above shall be sold
by the Postmaster-General, and the proceeds
of such sale shall be paid into the Treasury
after deducting the necessary expenses in-
curred, for the benefit of any person who may
have a right thereto; provided that if no claim
is made and allowed to such money or pro-
ceeds of sale within two years from the date
of the payment into the Treasury, they shall
be disposed of in such manner as the Governor
in Council directs.

Ship Letters.
Duty of
master of 4 4 . Every master of a vessel not being a contract
ship departing packet, about to depart from any port in the Colony to
from a port in
the Colony any port within or any port or place beyond the limits
and not being
a contract
of the Colony, shall receive on board any mail bag
packet to tendered to him by any officer of the Postal Department
carry mail
bags.
for conveyance, granting a receipt therefor in such form
as the Governor in Council prescribes, and shall without
delay deliver the same at the port or place of destination.
 119
A.D. 1 9 0 4 .
Ss. 45 & 46.
POST OFFICE.

4 5 . Every master of a vessel arriving at any port in Duty of

the Colony shall without delay cause every postal article Sipaix'iving
or_ mail bag on board, which is within the exclusive jjJg^cdoTlnd
privilege conferred on the Government by section 13, to notbein^^^a"
be delivered to the Postal Department or to such officer ';°^teTto
of the Postal Department as is authorized to receive the convey mail
same, and shall make the declaration contained in
schedule C before an officer of the Postal Department.

Gratuities to Masters of Vessels.

46.—(1) The Governor in Council may determine the Gratuities to
rates of gratuities
• • to be
- paid
• - to the
- masters or owners vessels
m a s t e r s not
of
of vessels, not being Government or contract packets, for being contract
the conveyance of postal articles generally or in particular conveyinglOf<
cases •tk
postal articles
m
other than
parcels.
(2) Before payment is made the Postmaster-General
or his deputy may require the master of any vessel to
produce a certificate from the post office of destination
that such articles have been duly received from him.
(3) No gratuity shall be payable
(a) for a second transmission of any postal article;
(b) on postal articles to be delivered to any post office
in the Colony for onward transmission by
contract packet;
(c) unless application is made for payment within
twelve months of the date of despatch of such
postal articles;
(d) if there has been unreasonable delay on the part
of the master in delivering his mails at the
post office of destination; or
(e) if the mails have been damaged in transit in
consequence of insufficient care being taken
of them.
(4) If the master of any vessel satisfies the Postmaster-
General or his deputy that he will not retufn to the
Colony within the twelve months prescribed by sub-
section (3) (c), the Postmaster-General or his deputy may
pay the gratuities in advance.
 120
A.D. 1 9 0 4 .
Ss. 47-49.
POST OFFICE.

Notice to be 4 7 . Every owner or agent of a vessel proposing to

given to post
office of despatch such vessel from any port of the Colony to any
departure of
vessels.
other port within or without the Colony shall give reason-
able notice in writing to the officer in charge of the post
office of the Settlement of the day and hour of the
intended departure of such vessel, and also of the port
or ports at which such vessel is to call, and shall give
immediate notice in writing to such officer of any altera-
tion in the day or hour of departure, in order that such
officer may notify to the public the day and hour for
closing the mails, if any, to be made up for such ship.

Reception of 48.—(1) Any officcr of the Postal Department, duly

onVoard'*by^' authorizcd by the Postmaster-General or his deputy, may
officer of post attend on board any vessel after the time for closing the
office,
mail by such vessel and receive, subject to the other
provisions of this Ordinance, all fully prepaid postal
articles, which are brought on board up to the time of
departure, to be transmitted by such vessel.
(2) The master of every such vessel shall give all
proper facilities to such officer of the Postal Department
to enable him to discharge his duties and to leave the
vessel before her departure.
(3) If there is no officer of the Postal Department on
board such vessel, the master may receive all such postal
articles, provided they are fully prepaid by stamps, and
shall deliver the same at the post office at the port or
place of their destination.

Penalties and Procedure.

Offences by Officers of the Post Office.
Penalty for 4 9 . Any person who, being employed to carry or
misconduct
of person deliver any mail bag or postal article in course of trans-
employed to mission by post,
carry or
deliver mail '
bags or postal (a) is in a state of intoxication while so employed;
articles.
(b) is guilty of carelessness or other misconduct
whereby the safety of any such mail bag oi-
postal article as aforesaid is endangered;
(c) loiters or makes delay in the conveyance or
delivery of any such mail bag or postal article
as aforesaid; or
 121
A.D. 1 9 0 4 .
Ss. 50-53.
POST OFFICE.

(d) does not use due care and diligence safely to

convey or deliver any such mail bag or postal
article as aforesaid,
shall be liable to a fine not exceeding twenty-five dollars.
5 0 . Any person who, being employed to carry or Penalty for
deliver airy mail bag or any postal article in course of ^fthdlw
-transmission by post, voluntarily withdraws from the from duty
duties of his office without permission or without having per^'i^s'ion.
given one month's previous notice in writing, shall be
liable to imprisonment for a term which may extend to
one month or to a fine not exceeding twenty-five dollars,
or to both.
5 1 . Any person who, being employed to carry or Penalty for
deliver any postal article in course of transmission by ^^ries^in''^^
post and required while so employed to keep any register, register kept
makes or causes or suffers to be made any false entry in employed to
the register, with intent to induce the belief that he has carry or
visited a place or delivered a postal article which he has frJjciTs.^°^'^^
not visited or delivered, shall be liable to imprisonment
for a term which may extend to six months or to a fine
not exceeding fifty dollars, or to both.
5 2 . Any person who, being an officer of the Postal Penalty for
Department, commits theft in respect of or dishonestly arttciesV'"^'^'*'
misappropriates or for any purpose whatsoever secretes,
destroys or throws away any postal article in course of
transmission by post or anything contained therein, shall
be liable to imprisonment for a term which may extend
to seven years and shall also be liable to a fine.
53.—(1) Any person who, being an officer of the Penalty for
Postal Department, contrary to his duty opens or causes ^etS'nS'o-
or suft'ers to be opened any postal article in course or delaying
of transmission by post, or wilfully detains or delays P°^t^i^^ti'^>«^-
or causes or suffers to be detained or delayed any such
postal article, shall be liable to imprisonment for a term
which may extend to two years or to a fine, or to both.
(2) Nothing in this section shall extend to the open-
ing or delaying of any postal article under the authority
of this Ordinance or in obedience to the order in writing
of the Governor in Council or the direction of a competent
Court.
122
A.D. 1 9 0 4 .
Ss. 54-57.
POST OFFICE.

Penalty for
fraud in
5 4 . Any person who, being an officer of thp Postal
connection Department
with official
marks and for (a) fraudulently puts any wrong official mark on a
receipt of
excess postal article;
postage. (b) fraudulently alters, removes or causes to
disappear any official mark which is on a
postal article; or
(c) being entrusted with the delivery of any postal
article, knowingly demands or receives any
sum of money in respect of the postage thereof
which is not changeable under this Ordinance,
shall be liable to imprisonment for a term which may
extend to two years and shall also be liable to a fine.

Penalty fur 5 5 . Auy pepsou who, bciug an officer of the Postal

preparing,*^^ Department, entrusted with the preparing or keeping
altering, of any documcnt,- fraudulently prepares the document
destroying^ iucorrectly or alters or secretes or destroys the document,
postal articles, shall be liable to imprisonment for a term which may
extend to two years and shall also be liable to a fine.

Penalty for 5 0 . Ally pepsou who, bciug an officer of the Postal

sending™'^ Department, sends by post or puts into any mail bag
unpaid postal any postal article upon which the postage has not been
articles. • i , i • ^i ^^ k ° . ,.
paid or charged m the prescribed manner, intending
thereby to defraud the Government of the postage on
such postal article, shall be punishable with imprison-
ment for a term which may extend to two years and shall
• also be liable to a fine.
Other Offences.
I'enalty for 57.—(1) Any person who
contravention
of section 13. (a) conveys otherwise than by post a letter within
the exclusive privilege conferred on the
Government by section 13 (1);
(*'') performs any service incidental to conveying
otherwise than by post any letter within the
exclusive privilege aforesaid;
(c) sends or tenders or delivers, in order to be sent
otherwise than by post, a letter within the
exclusive privilege aforesaid;
 123
A.D. 1 9 0 4
Ss. 58 60.
POST OFFICE.

(d) makes a collection of letters excepted from the

exclusive privilege aforesaid for the purpose
of sending them otherwise than by post; or
(e) carries, receives, tenders, delivers or collects
letters in contravention of section 13 (3) shall
be liable to a fine not exceeding twenty-five
dollars for every such letter. '
(2) Any person having already been convicted of an
offence under this section who is again convicted there-
under shall on every such subsequent conviction be liable
to a fine not exceeding fifty dollars for every such letter,
or if the letters are less than ten to, a fine not exceeding
five hundred dollars.

58.—(1) Any person who in contravention of section 27 Penalty for

or section 28 sends or tenders or makes over in order to be o™eetioi""27
sent by post any postal article or thing shall be liable to and 28.
imprisonment for a term which may extend to one year or
to a fine, or to both.
(2) The detention in the post office of any postal article
on the ground of its having been sent in contravention of
section 27 or section 28 shall not exempt the sender from
any proceeding which might have been taken if the postal
article had been delivered in due course of post.

5 9 . Any person who places in or against any letter- Penalty for

box provided by the Postal Department for the reception oXe'iette^i-^'
of postal articles any fire, match or light, any explosive, tox.
dangerous, filthy, noxious or deleterious substance or any
fluid or commits a nuisance in or against any such letter-
box, or does anything likely to injure any such letter-box
or its appurtenances or contents shall be liable to im-
prisonment for a term which may extend to one year or
to a fine, or to both.

6 0 . Any person who, without due authority, affixes Penalty for

affixing
any placard, advertisement, notice, list, document, board without
authority
or other thing in or on, or paints, tars or in any way anything to
disfigures any post office or any letter-box provided by disfigure post
office or post
the Postal Department for the reception of postal office letter-
articles shall be liable to a fine not exceeding twenty-five box.
dollars.
124
A.D. 1 9 0 4 .
Ss. 61-64.
POST OFFICE

Penalty for 6 1 Any person who, being required by this Ordinance

miking false
leclaration.
to make a declaration in respect of any postal article to be
sent by post or the contents or value thereof, makes m his
declaration any statement which he knows or has reason
to believe to be false or does not believe to be true shall
be liable to a fine not exceeding one hundred dollars, and
if the false declaration is made for the purpose of
defrauding the Government, to a fine not exceeding two
hundred dollars.
Penalty for 6 2 . Any master of a vessel who
master of ship
who fails to (a) fails to comply with section 44;
comply with
the provisions (b) without reasonable excuse, the burden of proving
of sections 44,
45 and 48.
which shall lie on him, fails to deliver any
postal article or mail bag as required by
section 45;
(c) refuses or wilfully neglects if in quarantine to
deliver any postal article or mailbag in his
possession to the person appointed to receive
it; or
(d) refuses or wilfully neglects the duty imposed
upon him by section 48,
shall be liable to a fine not exceeding five hundred dollars.
Penalty for 63.—(1) Any master of a ship arriving at any port in
detention of
letters on the Colony, or any one on board, who knowingly has in his
board vessel
arriving in
baggage or in his possession or custody after the postal
port. articles on board or any of them have been sent to the
post office at the port of arrival any article within the
exclusive privilege conferred on the Government by
section 13 shall be liable t® a fine not exceeding fifty
dollars for every such postal article aforesaid.
(2) Any such master or other person as aforesaid who
detains any such postal article as aforesaid after demand
for it by an officer of the Postal Department, shall be
liable to a fine not exceeding one hundred dollars for
every such postal article.
Penalty for 64.—(1) Any person who detains, except under the
detaining
mails or authority of this Ordinance or in obedience to the order
opening mail
bag.
in writing of the Governor in Council or the direction
of a competent Court, the mails or any postal article in
course of transmission by post or on any pretence opens
 12£
A.D. 1904
Ss. 65-67.
POST OFFICE.

a mail bag in course of transmission by post shall be

liable to a fine not exceeding two hundred dollars.
(2) Nothing in this section shall prevent the detention
of an officer of the Postal Department carrying the mails
or any postal article in course of transmission by post on
a charge of having committed an offence declared to be
cognizable by the Penal Code or any other law for the
time being in force.

6 5 . Any person who fraudulently retains or wilfully Penalty for

secretes or makes away with or keeps or detains or when postal artici.
required by an officer of the Postal Department neglects ^rongiy
n ' • Cl6llV6rGQ. Or
or refuses to deliver up any postal article in course of mail bags.
transmission by post which ought to have been delivered
to any other person, or a mail bag containing a postal
article^ shall be liable to imprisonment for a term which
ma}^ extend to two years and shall also be liable to fine.

66.—(1) Any person not being an officer of the Postal ^Xwfuih-'^

Department who wilfully and maliciously with intent to diverting'
injure any person either opens or causes to be opened ^^"^''^'
any letter which ought to have been delivered or does any
act whereby the due delivery of a letter to any person is
prevented or impeded shall be liable to imprisonment for.
a term which may extend to six months or to a fine not
exceeding five hundred dollars or to both.
(2) Nothing in this section shall apply to a person who
does any act to which the seption applies if he is a parent
or in the position of a parent or guardian of the
addressee and the addressee is a minor or a ward.

67.—(1) Any person who Prohibition

(a) makes or knowingly utters, deals in or sells any stamps.
fictitious stamp or knowingly uses for postal
purposes any fictitious stamp;
(b) has in his possession, unless he shows a lawful
excuse, any fictitious stamps; or
(c) makes or, unless he shows a lawful excuse, has in
his possession any die, plate, instrument or
materials for making any fictitious stamp,
126
^.D. 1 9 0 4 .
Ss. 68-72.
POST OFFICE.

shall be liable on a prosecution instituted by order of the

Postmaster-General or of the officer in charge of the post
office of the Settlement to a fine not exceeding one
hundred dollars.
(2) Any stamp, die, plate, instrument or materials
found in ithe possession of any person in contravention of
this Ordinance may be seized and shall be forfeited.
(3) Forfeitures under this section may be declared by
a Police Court, and all things forfeited shall be dealt
with as the Police Court directs, and the proceeds, if
any, thereof paid into the Treasury.
(4) Nothing in this section shall be held to exempt any
person from any punishment to which he may be liable
under any other law or ordinance.

General.
Penalty for 6 8 . Any person who contravenes any provision of this
offences not
specially Ordinance, or of any rule or regulation made thereunder,
provided for. except where otherwise provided by this Ordinance, shall
be liable to a fine not exceeding one hundred dollars.

Penalty for 6 9 . Any pcpson who abcts the commission of any

attopfing to offence punishable under this Ordinance, or attempts to
commit .commit any offence so punishable, shall be punishable
OrtoanJ'e'! " with the punishmcuts provided for that offence.
Property in
case of
7 0 . In every prosecution for an offence in respect of a
offences to be mail bag, or of any postal article sent by post, it shall be
laid in the
Post Office. sufficient for the purpose of any charge to describe the
mail bag or postal article as being the property of the
Postmaster-General without mentioning his name.
Official of 7 1 . In any proceeding against any person employed
postal
department by or under the Postal Department it shall be sufficient
how to be to allege that such person was employed by order of the
described.
Postal Department without stating further the nature or
particulars of his employment.
Rewards to
informers. 7 2 . A share not exceeding one moiety of every fine
imposed and levied under this Ordinance may be awarded
to the Postmaster-General, or his deputy, on his request
for the purpose of being paid to the informer.
 127
A.D. 1 9 0 4 .
Ss. 73-76.
POST OFFICE.

Part II.
MONEY ORDERS.
73.—(1) Small sums of money may be transmitted by ^"^^^ ^°''
f. , , 1 1 nn 1 money orders
means of money orders through the post office between on th"e united
Kingdom to
this Colony and the United Kingdom. be made by^.
T^--~.I^-
Postmaster-"
(2) The mode of transmitting shall be regulated by General or
such rules, regulations or restrictions as are framed by Governor in
the Postmaster-General of the United Kingdom with the ^'""'"^•
consent of the Commissioners of His Majesty's Treasury,
or by the Governor in Council with the concurrence of
the said Postmaster-General.
Governor in
74.—(1) The Governor in Council may make rules, Council may
regulations or restrictions relating to the issue and the make and
alter rules for
mode and time and place of payment of money orders orders within
within the Colony. the Colony.

(2) All such rules, regulations or restrictions respec- Rules to have

same effect as
tively shall be binding and conclusive upon all persons as if contained
if the same were contained in this Ordinance. in this
Ordinance.
(3) No action or other proceeding shall be instituted
against any person for any act or omission to comply with
any such rules, or for or by reason of the payment of any
such money order being refused or delayed by or on
account of any neglect, omission or mistake by any officer
of the post office, or for or by any other cause whatsoever,
except fraud or wilful misbehaviour.
7 5 . Any officer of the post office who issues a money Money
order with a fraudulent intent shall be liable to ;f^^"i^^"«<i
penal servitude for a term which may extend to seven fraudulent
years or to imprisonment of either description for a term ™'''*'
which may extend to three years.
76.—(1) The Postmaster-General may refund the Refund of
amount of
amount of any money order to the person to whom the order.
same was issued, whether it is in the possession of such
person or not.
(2) After such refunding all liability on the part of the Afterwards
liability of
Postmaster-General, or of any officer of the post office, Postmaster-
General to
or of the post office revenue, in respect of such money
order, or of issuing of the same, or of the refunding the
amount thereof shall cease.
128
A.D. 1 9 0 4 .
Ss. 77-79.
POST OFFICE.

Part III.

GOVERNMENT SAVINGS BANK.

Interpreta- 77^ jn this Part and in any rules made thereunder
"Government Savings Bank" means the Savings
Bank established under the control of the
Government of the Colony;
"Head Office" means an office declared to be a head
office, and " Sub-office " means an office declared
to be a sub-office by 'the Postmaster-General
with the consent of the Governor;
"Depositor" means a person by whom or on whose
behalf money has been heretofore, or shall be
hereafter deposited in the Government
Savings Bank, and "Deposit" means any
money so deposited;
"Guardian" includes a father, or if the father is
dead a mother, or if both parents are dead and
no guardian of the minor has been appointed
by the Supreme Court then the person whom
the Postmaster-General considers to be the
proper person to act as guardian;
" Minor " means a person who has not completed the
age of tAventy-one years.

Postmaster- 73_ The Postmastcp-General with the consent of the

direcrof^ers Govcmor may establish such head offices and such sub-
de'^^sUs^nto officcs of the Govemmeut Savings Bank as he thinks
GTvemmTnt fit, and may authorize and direct such of his officers as he
SavingsBank. ti;,in]^g fl^ ^^ reccivc dcposits and to repay the same under
such regulations as are made under section 92.

Legal title of 79_ Evcry deposit received by any officer of the

reprym^eV Postmaster-Geueral appointed for that purpose shall be
entered by him in a book to be furnished to the depositor,
and the entry shall be signed by such officer; and
(a) if the deposit is made at a head office, the entry
so signed shall be conclusive evidence of the
depositor's claim to the repayment of the sum
so entered;
 129
A.D. 1 9 0 4 .
Ss. 80-82.
POST OFFICE.

(b) if the deposit is made at a. sub-office, the entry so

signed shall only be evidence to the extent pro-
vided by the regulations to be made under
section 92.
80.—(1) All sums received as deposits shall be carried Deposits to be
"- ' X cn.rri6Cl to
to a separate account called " the Savings Bank account," separate
and all sums withdrawn by depositors, and all expenses a<^<=o"i't-
incurred by the Postmaster-General in the execution of
this Part shall be paid out of such account, and the
balance or such portion of the balance as is from time to
time available shall be invested in securities of the
Government of the United Kingdom or of India, or in
other securities approved by the Secretary of State for the
Colonies.
(2) If at any time the fund created by the investment ^g'^^gjjj °*
of the balance or balances aforesaid is insufficient to guaranteed by
meet the lawful claims of all depositors, the Governor Colony.
upon the certificate of the Postmaster-General may issue
the amount of such deficiency out of the general revenues
of the Colony.
(3) No part of the deposits shall be applied in any way Deposits not
to the purposes of the Colony or the Government thereof, to G^overn-^
ment
purposes.
81.—(1) The interest payable to the parties making interest.
such deposits shall be at such rate as the Governor in
Council directs, and shall not commence until the first
day of the month next following the day of deposit,
and shall cease on the first day of the month in which the
deposit is withdrawn.
(2) Interest on deposits shall be calculated to the Calculation of
> ' o T ~ . i • i i n i interest.
thirty-first day of December m every year, and shall be
added to and become part of the principal money.
82.—(1) .The Postmaster-General shall at the close of Annual
each year ending the thirty-first day of December prepare Lsetrand' °
a statement showing the aggregate amount of the liability liabilities.
of the Government Savings Bank to the depositors at that
date, and the nature and value of the securities held by
the bank to meet these liabilities.
(2) The statement so prepared shall be laid before the
Legislative Council not later than the last day of June in
each year.
Vol. I I . 9
 130
A.D. 1 9 0 4 .
Ss. 83-87.
POST OFFICE.

Payment on 83.—(1) If a depositor dies leaving in the Government

death of
depositor. Savings Bank a sum of money not exceeding five hundred
dollars, and if probate of his will or letters of administra-
^^^. ' r tion of his estate is not produced to the Postmaster-
General^within three months after the death of the said
depositor, the Postmaster-General .may pay the said sum
of money to any person appearing to him to be entitled to
receive it, or to administer the estate of the deceased.
(2) Such person shall not by reason of having received
such sum be deemed to have acted in contravention of
section 74 (3) of Ordinance No. 103 (Stamps).
Payment to 84.—(1) Such payment shall be a full discharge from
be a
discharge. all further liability in respect of the money so paid.
(2) Nothing in this section shall preclude the executor
or administrator, or other representative of the deceased
from receiving from the person receiving the same the
amount remaining in his hands after deducting the
amount of all debts or other demands lawfully paid and
discharged by him in Sue course of administration.
(3) Any creditor or claimant against the estate of the
deceased may recover his debt or claim out of the money
so paid to any person and remaining in his hands
unadministered in the same manner and to the same
extent as if the latter had obtained letters of administra-
tion of the estate of the deceased. / n i
V^^'
Security for 8 5 . The Postmaster-Genera^nay take such security as
due adminis-
tration. he thinks necessary from any person to whom he pays any
money under section 83 for the due administration of the
money so paid, and he may assign the said security to any
person interested in such security.
Payment of 86.—(1) Any deposit made by or on behalf of any
deposits to
minor or minor may be paid to him personally if he made the
guardian.
deposit, or to his guardian for his use if the deposit was
made by any person other than the minor, together with
the interest accrued thereon.
(2) The receipt of any minor or guardian for money
paid to him under this section.shall be a sufficient dis-
charge therefor.
Withdrawals 8 7 . Any deposit made by one person on behalf of
from trust
accounts. another person may be paid to both persons named in the
 131
A.D. 1 9 0 4 .
Ss. 88-91.
POST OFFICE.

title of the account jointly, or to the survivor of them, and

the receipt of such person or persons for money paid
under this section shall be a sufficient discharge therefor. / /,

88.—(1) If any depositor becomes insane or otherwise Payment of

incapable of managing his affairs the Postmaster-GeneraL^T**''.^ ,
•n , . V ° . . . i n - • Abelongmg to
may, it such insanity or incapacity is proved to his satis- lunatics.
faction, make payments from time to time out of the (^ ^iL^
deposit to any person whom he judges proper to receive Q-f-i,^^
the same. "{/t-^-^
(2) The receipt of such person for money paid under '*•
this section shall be a sufficient discharge therefor.
(3) Where the Supreme Court has appointed a com-
mittee of the depositor's estate, or has ordered payment of
his property to any person, nothing in this section shall
authorize payment to any person other than such commit-
tee or such other person. ^,
89.—(1) For the purpose of oBtaining proof of the Power to
death of any depositor, or of ascertaining the proper oatTs?'**"''
person to receive moneys standing in the name of a minor, •v^
lunatic or deceased person, the Postmaster-GeneraLmay ^ ^\r*
take evidence on oath or affirmation according to law. ^^^'^
(2) Any person who upon such oath or affirmation makes '^'" /%
any statement which is false, and which he either knows
or believes to be false, or does not know to be true, shall be
deemed guilty of an offence under section 193 of the Penal
Code.
9 0 . The Postmaster-General may enter into an Jg''"gfjg'j°*
arrangement with the Post Office Savings Bank of the other banks.
United Kingdom, or of any British Possession, for the
transfer of sums standing to the credit of depositors from
such Post Office Savings Bank to the Government Savings
Bank, or from the Government Savings Bank to such Post
Office Savings Bank. ./^
91—(1) Whenever suck an_ arrangement has been Limit of
made the Postmaster-G^nM^S^^'pfe'^'aSy amount ^i'^
transferred in pursuance thereof to the Government transfer. .
Savings Bank to the credit of a depositor's account in the
Bank aTthough the amount may exceed the amount which
under any regulations made under section 92 a depositor
Vol. I I . . 9A
 132
A.D. 1 9 0 4 .
Schedule.
POST OFFICE.

may deposit in any one year ending the thirty-first

day of December.
(2) No amount shall be so credited which will make the
total amount standing to the credit of the account exceed
the maximum for the time being allowed under such
^regulations.
•Power to 92.—(1) The Governor in Council may make regula-
make
regulations. tions
(a) to prescribe the limit of deposits;
(b) to prescribe the modes of making deposits and of
withdrawing deposits and interest; and
(c) generally to give effect to this Ordinance.
(2) All regulations so" made shall be binding on the
parties interested in the subject matter thereof to the
same extent as if such regulations formed part of this
Ordinance.
Exemption 9 3 . No power of aitorney or other document given by
from stamp any depositor to any person authorizing him to receive
duty.
any sum of money deposited in the Bank or the interest
arising therefrom, nor any bond or other instrument or
document whatsoever required or authorized to be given,
issued, signed, made or produced in pursuance of this
Part, or of any regulations made under section 92, shall
be subject to any stamp duty.

SCHEDULE A.
I do solemnly and sincerely declare that I will not willingly
or knowingly open, detain, return, delay or misdeliver or cause
or suffer to be opened, detained, returned, delayed or misdelivered
any postal articles whicii shall come into my hand, power or
custody by reason of my employment by or under the Postal
Department, except by the consent of the person to whom such
postal articles- shall be directed, or by an express warrant for
that purpose under the hand of the Governor of the Straits
Settlements or officer appointed by him, or except in pursuance
and under the authority of any of the provisions of any Ordinance
' now or hereafter to be in force in the Straits Settlements relating
to the Postal Department of the said Settlements.
Declared before me at this day of
19
Justice of the Peace.
 133
- A.D. 1 9 0 4 .
Schedule.
POST OFFICE.

SCHEDULE B.
I _ do solemnly and sincerely declare that 1
will not willingly or knowingly open, detain, return, delay or
misdeliver or cause or suffer to be opened, detained, returned,
delayed or misdelivered any postal articles which shall come
into my hands, power or custody by reason of my employment
by or under the Postal Department.
Declared before me at this day of
19
Justice of the Peace.

SCHEDULE C.
1 do solemnly declare that 1 have to the best of my knowledge
and belief caused to be delivered to the Postal Department or
to some Officer of the Postal Department appointed to receive
the same at (Singapore, Penang, Malacca or Labuan) every
letter bag and all postal articles that were on board the vessel
under my command, except
Declared before me at this day of
19
Com-mander of the
134
A.D. 1904.
Ss. 1-4.

WILD ANIMALS AND BIRDS.

Ordinance No. 8 8 .
[ORDINANCE X V I . OF 1904;
18th November, 1904.]
To protect Wild Animals and Birds.
Short title. 1. This Ordinance may be cited as Ordinance No. 88
(Wild Animals and Birds).
Power of the 2. The Governor in Council may by order
Governor in
Council in (a) establish a close time for any wild animal or
respect of
wild animals bird to be named in such order;
and birds. (b) declare what time shall be deemed to be the
breeding season of any wild bird;
(c) prohibit the killing or taking of any specified
wild animal or bird within any specified area
either for a period to be named in the order
or absolutely;
(d) prohibit the netting, snaring or taking by means
of any contrivance either within any specified
area or generally of any wild bird to be named
in the order;
(e) amend, alter, add to or take from the list of birds
mentioned in the schedule.
Penalty for 3.—(1) Any person who kills or takes any wild bird
killing wild
birds without other than those specified in the schedule or any amend-
a licence. ment thereof without a licence shall be liable to a fine
not exceeding twenty-five dollars.
(2) Nothing herein shall make it unlawful for the
occupier or person in charge of any cultivated land with-
out a licence to kill or take any wild bird found damag-
ing or destroying the crops growing thereon.

Licences for 4. The Governor may empower the Chief Police Officer
shooting wild
birds. of any Settlement to issue licences under his hand
authorizing the persons therein named to shoot or take
specified wild birds for such period not exceeding three
months and at such place or places as are respectively
specified in such licences.
 135
A.D. 1 9 0 4
Ss. 5-7.
WILD ANIMALS AND BIRDS PROTECTION.

5. Any person who PenaUy for

certain
(a) kills or takes or has in his possession the body offences.
of any wild animal or bird killed or taken
during the close season provided for such
animal or bird;
(b) takes, destroys or has in his possession the eggs
of any wild bird during the close season
provided for such bird under this Ordinance
or during the season declared to be the breed-
ing season of such bird under this Ordinance;
(c) kills or takes any wild animal or bird the killing
or taking of which is prohibited under this
Ordinance;
(d) nets, snares or takes any wild bird by means of
any contrivance prohibited under this Ordi-
. nance;
(e) exposes or offers for sale or exports any wild bird
other than those specified in the schedule or
any amendment thereof, or the skin or plum-
age of any such wild bird unless he can show
that such wild bird was lawfully killed or
taken,
shall be liable to a fine not exceeding fifty dollars.

6. Any person who sets, places or prepares or causes Setting of

to be set, placed or prepared any spring gun, engine, pit- fl"°' ^'"'^'
fall, sharpened stakes or other contrivance likely to
endanger human life or inflict grievous hurt, except for
the purpose of destroying some noxious wild animal with
the permission of the District Officer or of the principal
police officer or penghulu of the locality, shall be liable
to a fine not exceeding fifty dollars or to imprisonment
for a term which may extend to three months.

7.—(1) Whenever it is notified in the Gazette that the importation

exportation of the plumage or skin of any specified wild skin^of^wliV
bird is prohibited in any specified country in which that birds specifie
bird is indigenous or has been acclimatized, the importa- ™on'in the
tion into the Colony of the plumage and skin of the bird ^"-^^^1^^"'°'
specified in the notification shall be prohibited. exportetion
thereof from
(2) Any person who imports or attempts to import into specified
the Colony any plumage or skin which is prohibited under '^°''°*=^''-
 136
A.D. 1 9 0 4 .
Schedule.
WILD ANIMALS AND BIRDS PROTECTION.

this section shall be liable to a fine not exceeding one

hundred dollars for each plumage or skin, unless he
proves that the ]:)lumage or skin was exported from the
country specified in the notification before the exportation
thereof was prohibited, or that the plumage or skin was
imported for educational or scientific purposes.
Saving of
liabilities. 8. Nothing in this Ordinance shall relieve any person
from any penalty or liability to which he would have
been liable if this Ordinance had not been passed ;
provided that no person shall be punished twice for
the same offence.
Power to 9. Any police officer, penghulu or forest officer may
arrest without
warrant. arrest without warrant any person found offending
against this Ordinance whose name or place of abode is
unknown to him and cannot readily be ascertained by
him, and such person may be detained at a police station
until his name and place of abode can be ascertained or
may forthwith be taken before a Police Court to be dealt
with according to law.
Reward to
informers. 10. A Police Court may direct a portion not exceed-
ing one-half of any fine imposed and levied under this
Ordinance to be paid to the informer.

SCHEDULE.
Native Name. Corresponding English Name.
Bgrkik or Tetiru ... Snipe.
Meragi or Burong Siam Painted Snipe.
Belibis Teal.
Itek ayer Wild duck.
Punei gading Green pigeon (variety of).
Punei daun ... Green pigeon (common).
Punei tanah (also called Limbok
or DSkut) Ground pigeon.
Kuaran Do.
Pgrgam Stock Dove.
EWa...
Charuling, Chichiau Plover (grey or golden).
Kapala besar Do.
Sentak
 137
A.D. 1 9 0 4
Schedule.
WILD ANIMALS AND BIRDS PROTECTION.

Native Name. Corresponding English Name.

Engga-eugga Snippet.
Kedidi laut ... Sandpiper.
Ayam hutan... .Tungle-fowl.
Pegar Pheasant.
Puyoh, Pikar Quail.
Bilrong pisau rant Curlew.
Kendi Do.
Puchong Padi-bird.
Ayam-ayam ...
Si5lantin or Suroug Ian tin
Kuau or Kwang Argus pheasant.
Kliau ohermin
Biuong siol ...
Lang bumbun
Lang rimba ...
Lang kuching
Lang kuching puteh
Lang paya ...
Lang batik ...
Lang merah .,.
Lang malam...
138
A.D. 1904.
Ss. 1-3.

WIDOWS' AND ORPHANS' PENSION.

Ordinance No. 89.
[OKDINANCE XIX. OF 1904;
1st January, 1905.]
To irrovide for the transfer to the Government of the
Widows' and Orphans' Pension Fund.

Short title. 1. Tfiis Ordinance may be cited as Ordinance No. 89

(Widows' and Orphans' Pension).
Interpreta- 2. In this Ordinance, unless there is something
tion. repugnant in the subject or context,
" Public Servant " means a person permanently
employed in the service of the Government or
a member of the police force of the rank of a
sergeant or of higher rank, but does not in-
clude any person whose salary is less than
twenty dollars a month or who is not restricted •
by law to one wife at a time;
" Of a pensionable age," as applied to children,
means, in the case of a male, that he is under
the age of eighteen years and, in the case of a
female, that she is under the age of twenty-
one years and has not been married;
" Contributor" means and includes every person
from whose salary deductions are made in
accordance with this Ordinance;
" The Directors " means such persons not less than
three in number as are appointed by the
Governor to carry out this Ordinance subject
to the control of, and to rules for their guid-
ance made by, the Governor in Council.
Transfer of 3.—(1) The accumulated debt of the Government to
Widows' and the Civil Service Widows' and Orphans' Fund estab-
Orphans'
Fund aud lished under Ordinance I. of 1885 and subsequent
payment of amending Ordinances is hereby cancelled.
pensions.
(2) The total amount standing to the credit of that
fund in the Treasurer's books shall be transferred to the
aocount of General Revenue.
 139
A.D. 1 9 0 4
Ss. 4-6.
WIDOWS' AND ORPHANS' PENSION.

4.—(1) Pensions payable out of the said fund and all ^f^^^'^j"^'
future pensions, that would have become payable there- (Tenerai °
out if the fund had been maintained, shall after the first i^'^veuue.
day of January, 1905, be paid out of the General Revenue
of the Colony and are hereby made charges upon such
revenue.
(2) All future contributions and other revenues receiv- Future
able from public officers under this Ordinance shall be contributions.
carried to the credit of the General Revenue account of
the Colony; provided that the sums so received shall not
be assessable for military contribution.

5.—(1) From and after the first day of January, 1905, ^^,^;^|^™^\!['^
a monthly abatement of four per centum shall be made to be made,
as well from the salary or pension, as the case may be,
of every public servant who enters the service of the
Government subsequently to the said date as from the
salaries and pensions, as the case may be, of such public
servants as have become contributors to the Widows' and
Orphans' Fund before the said date, and all such abate-
ments shall be paid into the Treasury.
(2) In the case of an officer holding or haying held a
post, the salary of which is on a sterling basis, the abate-
ment shall be made in dollars at four per centum of such
sterling salary or pension converted into dollars at the
rate from time to time fixed by the Government for the
payment of such salaries or pensions.
(3) Contributions shall continue to be made on the full
salary whenever an officer is on leave of absence with
half salary or without salary.
(4) A person who holding a non-pensionable office in
the Government service is appointed to a pensionable
office shall be deemed to enter into the service of the
Government on the date of such appointment.

6.—(1) Such abatement shall continue to be made Period for

until the contributor attains the age of sixty-five years, mentshaiV
if he continues so long in the service of the Government, be made.
or until such abatement has been made for thirty-five
successive years, counting from the first abatement of his
original salary, in either of which events such abatement
shall cease.
140
A.D. 1 9 0 4 .
Ss. 7 & 8.
WIDOWS' AND ORPHANS' PENSION.

Abatement to (2) Such abatement shall be calculated on the salary

be made from of the permanent appointment of the contributor
salary of
permanent irrespective of any temporary increment of salary which
post.
he derives from an acting appointment, and. irrespective
of personal and other allowances except pensionable per-
sonal allowances which shall be deemed to be part of the
contributor's salary for the purpose of calculating such
abatement.
Contributions 7.—(1) If the official income of a contributor becomes
where official
income is reduced, whether by reduction of salary or by his retire-
reduced. ment on a pension, he may, upon giving notice in writing
to the Directors of .his desire to do so, continue his rate of
contribution for the remainder of the thirty-five years,
or until he attains the age of sixty-five, according to the
full amount of contribution paid by him at the date of
such reduction or retirement, as the case may be, in
which case his widow or children shall be entitled to
pension accordingly.
(2) Where such reduction of official income is due to
retirement on a pension and the contributor draws a
pension not only from the Colony, but also from any
Malay State under the protection of the British Govern-
ment, he shall, unless he contributes in accordanoe with
subsection (1), contribute on the aggregate amount of the
pensions granted to him by the Colony and by any such
Malay State, and such aggregate amount shall for the
purposes of the section be deemed to be his reduced official
income.
(3) Where a contributor only contributes on his
reduced official income, any ])ension to his widow or
children shaU be diminished in the same proportion as it
would have been increased had his rate of contribution
been raised instead of being lowered.

tioMoT'"^"' ^- "^^ ^ contributor, being a widower without children

widower who in the event of his death would be entitled to pen-
pen8i'o'nabie ^^'^^^' l^^ves the sei'vicc, with or without pension, on
children to retirement or on transfer or otherwise, he shall cease to
retlrlrnfor" coutribute to the fuud and shall have no further claim
transfer. upon it except that he shall be entitled, to receive back
but without interest fifty per centum of the contributions
made by him since the death of his last wife or since the
 141
A.D. 1 9 0 4
Ss. 9-12.
WIDOWS' AND ORPHANS' PENSION.

ceasing to be pensionable of his last child, whichever

event has last happened.
Half contri-
9. If a contributor, who is a widower without children butions of
entitled to pensions, dies while in the service, fifty per ^y^njin
centum of the contributions made by him since the death service with-
of his last wife or the ceasing to be pensionable of his abie^chiidTen
last child, whichever event has last happened, shall be to be paid to
paid but without interest to his legal representative. seltat^Te^^"
Contributor
10. If a contributor who has retired on pension sub- pgnslof to"
sequently ceases to have a wife or child who would on his cease to con-
death be entitled to pension he shall thereupon cease to wHe^ir^hiid
contribute to the fund and shall have no claim upon it. ceases to be
entitled
thereafter.
11.—(1) A married contributor, who retires or is interest of
removed from the service of the Government before he is ^^""^jj^^"'"'^
entitled to a pension, may continue to contribute, from witw
and after the date of his ceasing to draw salary, on the pension.
salary he was receiving from the Government at such
date and at the same rate and subject to the same terms
and conditions as if he had continued in the service of the
Government.
(2) In the event of his failing so to continue to con-
tribute or in the event of any contribution due from him
being in arrear for six months, it shall be considered that
he has ceased to be a contributor, and his widow or widow
and children, as the case may be, shall be entitled on his
death to a pension computed only on the basis of the
interest acquired by such contributor at the date of his
ceasing to contribute in accordance with the tables and
rules hereinafter referred to.
(3) A contributor who retires or who is removed from Half ^ ^
the service of the Government being then a bachelor shall, contributions
if he has continued his contributions up to the date of his *° ^etiremTm
retirement or removal, be entitled to repayment of fifty ortiansfer.
per centum of his actual contributions.
(4) On such repayment his rights under this Ordin-
ance shall cease.
Halfcontribi
12. If a contributor, who is a bachelor, dies while in *'°™°^.
the service, fifty per centum of the contributions made by dy^^n
him shall be paid but without interest to his legal repre- '^^^^'^^J^'|^^j
Sentative. ropreat^uta-
142
A.D. 1 9 0 4 .
S. 13.
WIDOWS' AND ORPHANS' PENSION.

Contributor ^Q—(1) Whcu a coutributor is transferred from the

othef employ" scrvicc of the Government to other employment under
mentunder tp,g Crowu iu somc othcr Colouy or country or to the
countryThOTe scrvlcc of any Malay State which is for the time being
'rovYdTsfor ^^dcr the protection of the British Government in which
granting °^ Colouy, couutry or State provision is made by law for the
to widows and granting of pensions to widows and children of persons
children. employed in its service, he shall cease to contribute under
this Ordinance so soon as he becomes a contributor under
the provisions of that law but so that nevertheless his
widow or children, as the case may be, shall be entitled
on his death to a pension computed on the basis of the
pension rights acquired by such contributor at the date
of his transfer in accordance with the tables and rules
hereinafter referred to.
Contributor (2) Whcu a coutributor is transferred to a Colony,
countr^y where couutry or State, not being a Malay State or the State
no such law of North Bomco, where no provision has been made by
law for granting such pensions as aforesaid, such con-
tributor shall
(a) if married, be entitled, on giving notice in writ-
ing to the Directors within one month after
his transfer from the service of the Govern-
ment of his desire to do so, to continue to be
a contributor on the salary of the last sub-
stantive appointment held by him in the
Colony at the date of his transfer, at the same
rate and subject to the same terms and con-
ditions as if he had continued in the service
of the Government;
(b) if then a bachelor, be entitled to elect, on giving
the notice required to be given under para-
graph (a), to continue to contribute as is
provided in the said paragraph or to be paid
fifty i^er centum of his actual contributions.
(3) In the event of the contributions of any such con-
tributor being in arrear for six months it shall be con-
sidered that he has ceased to be a contributor, and his
widow or his widow and children, as the case may be,
shall be entitled on his death'to a pension computed only
on the basis of the pension rights acquired by such con-
tributor at the date of his ceasing to contribute in accord-
ance with the tables and rules hereinafter referred to.
 143
A.D. 1 9 0 4 .
S. 13.
WIDOWS' AND ORPHANS' PENSION.

(4) W^hen any such contributor is a bachelor and has

elected to be paid fifty per centum of his actual contri-
butions, then, on such payment being made, his rights
under this Ordinance shall cease.
(5) When a contributor, whether married or a bachelor, ^rantiSred'to
is transferred to any Malay State where no provision aMaiayst,ate
has been made by law for granting such pensions as Borae^whire
aforesaid, or to the State of North Borneo, every such no such
contributor shall continue to be a contributor under this ^"^^ '""^*^'
Ordinance on the salary which for the time being he is
entitled to receive in respect of any office held. Jby him
in the service of such Malay State or the State of North
Borneo at the same rate and subject to the same terms
and conditions as if he had continued in the service of
the Government of this Colony.
(6) In the event of the contribution of such contributor
to the Government of the Colony being in arrear, such
arrears together with interest thereon at the rate of six
per centum shall be recoverable from such contributor as
a debt due to the Crown or shall be deducted from any
salary which is subsequently payable "to him from the
Government of this Colony.
(7) Where a contributor either elects or is bound under
subsections (2) to (6) to continue his contribution
after being transferred as aforesaid, he may cease
to contribute under this Ordinance as soon as the
Government of the Colony, country or State in whose
service he is employed has made provision by law for
granting pensions to widows and children of persons
employed in its service and he has become a contributor
under the provisions of that law.
(8) In the event of his so electing to cease contributing,
the pension to which his widow or children, as the case
may be, shall be entitled on his death shall be computed
on the basis of'the pension rights acquired by such con-
tributor at the date of his so ceasing to contribute in
accordance with the tables and rules hereinafter referred
to.
(9) As soon as provision is made by the law of the
State of North Borneo for granting pensions to widows
and children of persons employed in the service of that
State, subsection (1) shall apply as if the State of North
Borneo was therein mentioned.
144
A.D. 1 9 0 4 .
Ss. 14-16.
WIDOWS' AND ORPHANS' PENSION.

(10) Nothing in this section shall affect the rights of

any contributor who was transferred from the service of
the Government to other employment under the Crown
or to the service of any Malay State before the first day of
May, 1901.
Officers trans- 14. When an officer in the Federated Malay States
ferred from
Federated service who is a contributor under the Widows' and
Malay States. Orphans' Pension Enactment of those States has been
transferred to the service of the Government of this
Colony he shall forthwith become a contributor under
this Ordinance on the full salary to which he is from
time to time entitled in the service of this Colony; pro-
vided that the period during which he has contributed
under the Widows' and Orphans' Pension Enactment of
those States shall be taken into account in reckoning the
period of thirty-five years referred to in section 6.
AiTears of 15. When an officer in the Federated Malay States
cot tribution
to Federated service, who is a contributor under the Widows' and
Malay States Orphans' Pension Enactment of those States, has been
Pension
Fund. transferred to the service of any Malay State where no
provision has been made by law for the granting of
pensions to widows and children of persons employed in
its service, and the contribution of such contributor under
the said Widows' and Orphans' Pension Enactment is in
arrear, such arrears shall be deducted from any salary
which is subsequently payable to him from the 'Govern-
ment of this Colony.
Rules for pay-
ment when a 16.—(1) When a contributor on leave of absence ia
contributor on
leuve of
paid by the Crown Agents, he shall be entitled to receive
absence or ninety-six per centum or forty-six per centum of his
pensioner is
paid by the
nominal salary according as he is on full or half pay leave
Crovm converted in the case of dollar salaries into sterling at the
Agents. rate of exchange at which such contributor is entitled to
receive such salary.
(2) When a contributor receives his pension through
the Crown Agents such pension
(a) if a dollar pension, shall be reduced by the
amount of his dollar contributions and the
balance thus reduced shall be payable to him
converted into sterling at the rate of exchange
at which he is entitled to receive such pen-
sion; and
 145
A.D. 1 9 0 4 .
S. 17.
WIDOWS' AND ORPHANS' PENSION.

(b) if a sterling pension, shall be payable to him

reduced only by four per centum of his ster-
ling salary or pension, as the case may be.

17.—(1) A register shall be kept by the Directors in ^^'o'^.'.^V*

which shall be entered the date of the birth of every tobe^'kopr^
contributor and, if he is married, the dates of the births
of his wife and children, if any, and all other dates and
particulars respecting contributors and their families
material to be recorded for the purposes of this Ordin-
ance.
(2) Every public servant who enters the service of the By those here-
Government subsequently to the first day of January, appointed.
1905, or who, if a police officer, attains the rank of
sergeant after the said date, shall within six months after
the date thereof notify to the Directors the date of his
birth and, if he is a married man, the date of his
marriage and of the births of his wife and children, if
any, all duly proved to the satisfaction of the Directors
by affidavit or otherwise.
'(3) Every contributor, who marries after the first day To notify
of January, 1905, or who being married becomes divorced "j^o^J^f^"'"
from his wife, shall within three months after his mar-
riage or divorce, as the case may be, notify the same to the
Directors in writing and, in case of his marriage, state
the date of the birth of his wife, duly proved as afore-
said.
(4) Every contributor shall notify to the Directors in To notify
writing the birth of each child born to him within three mairiagerf^'^'
months from the date of such births, duly proved as daughter and
aforesaid, and the marriage of an}^ female child, under orcMid. ^^"^
the age of twenty-one, within three months from the
date of such marriage, and also, within three months from
the date of the event, the death of his wife or any of his
pensionable children.
(.5) After the death of any contributor, notice of such ?'°'V;®f.
death and of the birth of any posthumous child born to contributor
such contributor, duly proved as aforesaid, and of the ^°f^^„^o„°^
marriage of any female child of such contributor, under cwida^drf
the age of twenty-one years, and of the death of any ^^^^^^^^^
child of such contributor, under the age of eighteen years, notified.
if a male, or under the age of twenty-one years, if a
female, shall be given in writing by the widow of such
Vol. II. 10
146
A.D. 1 9 0 4 .
Ss. 18 & 19-
WIDOWS' AND ORPHANS' PENSION.

contributor to the Directors within three months after the

date of the event.
Penalty for 18.—(1) -A. contributor or widow who fails or neglects
non-compli-
ance with to comply with any of the requirements of section 17 shall
foregoing. for each default pay a fine not exceeding twenty-five
dollars which shall be deducted from his or her salary or
pension, as the case may be, by the Treasurer on the
certificate of the Directors.
Penaltv for (2) A contributor who wilfully makes any false state-
false
srstteaien;. ment respecting any of the particulars required to be
furnished by this Ordinance shaU forfeit at the discre-
tion of the Directors all or any part of his rights under
this Ordinance.
FutuTf oalcu-
lirior.s of
19.—(1) The prospective pen.^ions of the widows and
existing orphans of public officers contributing to the fund on
ivr.r.v ns. the thirty-first day of December. 1904. and the existing
}vn?ions of the widows and orphan? of any former
public (•'Sioers. who died previous to that date, shall be
revised on the basis of the tables and rides attached to
this Ordinance a? though such tables and rules had been
in force jiuce the date of the establishment of the fund
and all existing pensions shall become payable at the
revised rate as from the first dav of January, 1905;
provided that in any case in which the ren?ion already
guaranteed uiuler the tal^le< and rule? previously in force
would be in excess of the amount to be :^L ulated under
the table? and rule? attached to th"? Ordinance the higher
amount s'lall be allowed and guaranteed.
2^ All T^,->^ons accruing after the fir?t dav of
Januarv. 190." in ivs^vct of incre^.>ients of salari- of exist-
ing public officers, and in resnect of ori^riral salarv and
irorement of s;ilary of future public- office-?, shall be
ealonlated accovding to the t^ibles and rules annexed to
this Ordinance.
1 tieiKTS. C'w
!?!^ T'l the case of contributions made in the manner
;»> V psjd in provided in section 5 for officers '- ^Idinc o^.- having held
>»dir.g p s t s the salary of wh'ob. IS is on
on aa sterlincr
sterlmsr 1basis sucS con
asis SI
t'.-'brrions sliall for tb? puroose of oa\^--l: ;r^"n£r 'tensions
!^e d.N^med to Iv fixed ste-'.--.^^ contribution^ and the
'^vnsion? shall ac*.wdinc'v iie f.xed and pavable in ster
into
l " l r ^'^ '^ ^''^*'^ '"^ ^^^^ ^^''•''"• ^-^ll t^ converte.1 int<
dolliv? at the rate a-muallv or dicallv fixed bv the
 147
A.D. 1 9 0 4 .
Ss. 20-22.
WIDOWS' AND ORPHANS' PENSION.

Government for the payment in the Colony of officers'

salaries or pensions.
20.—(1) After the pensions have been fixed according Valuation of
to section 19, a valuation of the assets and liabilities of Habuit'ies and
the fund shall be made as on the thirty-first day of appUcation^of
December, 1904, on the same conditions and assumptions '"'^'^ "**' """^
as the valuation previously made under section 27 of the
Widows' and Orphans' Pension Fund Ordinance, 1901.
(2) The whole surplus, if any, disclosed by such valua-
tion shall be applied in increasing the prospective pen-
sions of the widows and orphans of the contributors tc
the fund at the date of valuation and of former contri-
butors who have ceased to contribute on attaining the age
of sixty-five or leaving the service and the existing pen-
sions of the widows and orphans of those who have died
since the thirty-first day of December, 1900, in such
shares and proportions as are recommended by the
actuary, having due regard to the principles laid down
in this Ordinance, account being taken in such division
of the surplus of the fact that under the proviso con-
tained in section 19 (1) certain pensions will have been
fixed at a higher rate than is provided for by the tables
and rules attached to this Ordinance.

21.—(1) The following persons shall not be entitled to ^^^'j°j"^°\^

any pension under this Ordinance :— pension.
(a) a widow whose marriage was contracted after
her husband has completed his thirty-five
years of contributions or has attained the age
of sixty-five or has retired on a pension;
(b) the issue of such marriage;
(c) a widow whose husband dies within twelve
calendar months of the marriage without issue
of such marriage born in his lifetime or in due
time after his death.
(2) The Governor in Council may, if he thinks fit,
allow to such last mentioned widow all or any part of
the pension to which she would have been entitled but
for subsection (1) (c).
2 2 The pension payable to a widow or child or Pension, when
, T; , • , 1 • /-v i- 1 11 ii to commence.
children under this Ordinance shall commence upon the
Vol. II. IOA^
 148
A.D. 1 9 0 4 .
Ss. 23-27.
WIDOWS' AND ORPHANS' PENSION.

death of the husband or father or mother, as the case

may be, shall accrue daily, and shall be payable monthly
free from any deduction.
•When widow's
pension
23.—(1) A widow's pension shall cease on her death
or re-marriage or on her becoming a bankrupt.
• (2) When a widow's pension ceases in her lifetime she
shall for the purposes of this Ordinance be deemed to
have died at the time of such cesser; provided always that
if a widow's pension ceases in her lifetime by reason of
her bankruptcy the Governor in Council may from time
to time during the remainder of her life or during such
shorter period or periods, either continuous or otherwise,
as he thinks fit, direct the payment of all or any part* of
so much, if any, of the said pension as is not for the
time being payable to any child or children of such widow
or of any husband of hers under this Ordinance to, or
apply the same for the maintenance and personal support
or benefit of, such widow in such manner as he thinks
proper.
When child. 2 4 . Children's pensions shall cease, in the case of a
oeLe.^^°"°'^* male, on his attaining the age of eighteen years and, in
the case of a female, on her attaining the age of twenty-
one years or marrying under that age.
Pension of 2fe. If a contributor dies leaving a widow but no child
widow where
no child by of a pensionable age by a previous marriage, the widow
previous shall be entitled to receive a pension calculated according
marriage of
contributor. to the tables and rules applicable to her case under this
Ordinance.
fhiid where ^ 6 . If a coutributor dies leaving no widow but a child
no widow or children of a pensionable age by one marriage, such
of'c'ontiibutor. ^^iltl or children shall be entitled to receive the pension
which his or their mother would have been entitled to, if
she had survived the contributor.
Pensions of
children by 2 7 . If a contributor dies leaving no widow but
two or more children of a pensionable age by two or more marriages,
marriages
where no the child or children of each marriage shall be entitled to
widow alive receive one-half, one-third or one-quarter, as the case
at death of
contributor. may be, of the pension which his or their mother would
have been entitled to, if she had survived the contributor
and there had been no child by any other marriage.
 149
A.D. 1 9 0 4 .
Ss. 28-32.
WIDOWS' AND ORPHANS' PENSION.

2 8 . If a contributor dies leaving a widow and also a ^^utor'^d^es

child or children of a pensionable age by one previous leaving a
mnrrinrro widow and a
mariiage child or cWid-
(a) the widow shall be entitled to receive'one-half of p^g,!^^^^
the pension which she would have been entitled marriage.
to receive, if there had been no such child or
children; and
(b) such child or children shall be entitled to receive
one-half of the pension which his or their
mother would have been entitled to, if she
had survived the contributor.
2 9 . If a contributor dies leaving a widow and children where contri-
r> ' 1 1 1 J • butor dies
01 pensionable age by two or more marriages leaving a
(a) the widow shall be entitled to receive one-third ^\idrenby
or one-quarter, as the case may be, of the two or more
pension which she would have received, if "'""''ses.
there had been no child by a previous mar-
riage ; and
(b) the child or children of each previous marriage
shall be entitled to receive one-third or one-
quarter, as the case may be, of the pension
which his or their mother would have been
entitled to, if she had survived the contributor
and there had been no child by any other
marriage.
3 0 . When the widow of a contributor ceases to be Pension of
entitled to a pension, the child or children of a contributor ren where'
shall be entitled to receive the pension which he or they ""'•^o^ <^e?8«s
would have been entitled to receive, if such widow had
predeceased the contributor.
3 1 . If any child dies or ceases to be of pensionable age, ^^^^.^°^f
the surviving children of the same marriage shall be children"
entitled to receive the pension to which they would have Jjeg'oVre^'^
been entitled, if such child had predeceased the con- to be of
tributor. pensionable

3 2 . When all the children of any marriage cease to be Y-'i'f'^ ^" '^°
„ . ,, ^, •' °_,-.ni 1 children cease
of pensionable age, the person or persons entitled under to be of
the preceding sections shall be entitled to receive the p™^'°°»'^ie
pension which he or they would have been entitled to
receive, if there had been no child of such marriage of
pensionable age living at the death of the contributor.
150
A.D. 1 9 0 4 .
Ss. 33-38.
WIDOWS' AND ORPHANS' PENSION.

Children to 3 3 Whcrc children of any marriage are entitled to

take m equal ^^^ pensiou they shall U k e the same in equal shares.
What proof to 34 (1) Widows aud children claiming to be entitled
beforelTay.'^ to pcnsion uudcr this Ordinance and residing out of the
""nfion^ Colony shall from time to time produce such proof as the
pension. j^ifectors rcquiro of their being alive and entitled to
pension.
(2) The payment of any pension may be refused until
such proof is furnished to the satisfaction of the
Directors.
Discretion as 35^—(1) Jn all cascs whorc under this Ordinance the
to payment of ^^^^^.^.-gg gutitlcd to pcnsious are minors, such pensions
pensions. j^^j^ Q^ order of the Directors, be paid either to the legal
guardian or guardians of such minors, or to such minors,
or to such person or persons as the Directors in their
absolute discretion think fit and proper persons to apply
the same for the benefit of such minors.
(2) After payment the Directors and the Government
shall be free from all responsibility in respect of such
payment.
(3) In the case of any pension which is paid through
the Crown Agents for the Colonies the power given by
subsection (1) to the Directors may be exercised through
the Crown Agents.
Pension not 3 6 . No pcusion payable under this Ordinance nor the
OTkviTdifp°on^ rights of any contributor acquired thereunder shall be
assignable or transferable or liable to be attached, seques-
trated or levied upon, for or in respect of any debt or
claim whatsoever.
Questions and 3 7 . All questious and disputes as to who is entitled to
deciderbyt^he bc dccmcd a Contributor or as to the right of a widow or
Governor in child to a pcnsiou or as to the amount of such pension or
as to the rights or liabilities of any person under this
Ordinance shall be referred by the Directors to the
Governor in Council, whose decision shall,be binding and
conclusive on all parties and shall be final to all intents
and purposes and shall not be subject to appeal or be
questioned or revised by any Court of Justice.
Limit of 3 8 . No. person contributing to the fund a t the first
^"t^rbution. day of January, 1905, shall be required to pay any higher
 151
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

contribution than such as would entitle his widow or

children to a pension of one thousand five hundred dollars
or two hundred and twenty-five pounds per annum; pro-
vided that every such person may, if he wishes, contribute
the full four per centum of his salary or pension referred
to in sections 5 and 7. i
3 9 . The Governor in Council may frame rules and Rules and
regulations not inconsistent herewith for the proper Z'^^''^'''"'''^'
carrying out of this Ordinance.

SCHEDULE.
RULES AND REGULATIONS.
A. to C—CALCULATION OF REGISTERED PENSIONS.
The calculation of the amount of the pension that will or may
become payable at the death oif a contributor should not be
delayed until such death has actually occurred; but a register
should be kept iu which full particulars respecting each contri-
butor should be entered, and in this register should be recorded
against every married and widower contributor the amount of the
pension which "would become payable should he die immediately,
leaving a widow or orphans entitled to such pension. The
amount of the pension per annum so entered in the register
against a contributor, or in other words, his "registered pension "
should be calculated, and re-calculated as often as may be
necessary, in accordanoe with the following rules : —

A.—PUBLIC OITICEE WHO COMMENCED TO CONTRIBUTE WHILE A

BACHELOR.
NOTE.—No registered pension is to be recorded unless and until
the bachelor contributor marries.

I . — F I E S T W I F E ' S PEOSPECTIVE PENSION.

NOTE.—The registered pension to be recorded on marriage is
found by adding together the two amounts calculated in accord-
ance with the following rules I. (a) and I. (b) respectively.

(A) Pension in consideration of the contributions -paid during

bachelorhood.
RULE I. (a).—Accumulate the contributions at 6 per cent."
compound interest, with yearly rests at each 31st December, and
multiply the result by the quantity found from table A corres-
ponding to the respective ages next birthday of the husband and
wife at the date of marriage.
The product gives the registered pension on account of the
contributions paid during bachelorhood.
152
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

(li) Pension in consideration of the annual contribution, current

at the date of marriage.
NOTE.—The amount of the current annual contribution is
obtained by multiplying by 12 the amount of the last monthly
contribution.
RULE 1. (h).—Turn to the section of table B which contains
in the heading the age of the husband at the date of completio'U
of his i^eriod of contribution; and multiply the amount of the
current annual contribution by the quantity found from that
section corresponding to the respective ages next birthday of the
husband and wife at the date of marriage.
The product gives the registered jjension on account of the
annual contribution citrrent at the date of marriage.
Example of the application of rules 1. (a) aud L (b).
Officer born on 31st July, 1858.
Do. commenced to contribute on 1st April, 1884.
Do. married on 30th June, 1888.
Annual contribution, 1st April, 1884, to
31st December, 1886 |20.
Annual contribution, 1st JajQuary, 1887,
to'date of marriage ... 130.
Date O'f com^jletion of contribution jjeriod 1st April, 1919.
Wife born on 31st August*^ 1868.
UiScer's age next birthday at date of marriage 30.
Do. do. comjDletion of contribution
jseriod ... ... ... ... ... 61
Wife's age nest birthday at date of marriage 20
APPLICATION OF RULE I. (a).
Accumulation of contributions paid during bachelorhood: —
Contributions from 1st April to 31st December, 1884 $ 15.00
Do. during 1885 20.00
One year's interest at 6 jDer cent, on $15 .90
$35.90
Contributions during 1886 ... , 20.00
One year's interest at 6 per cent, on $35.90 , 2.15
$58.05
Contributions during 1887 ... 30.00
One year's interest at 6 jjer cent, on $58.05 3.48
$91.53
Contributions from 1st Janiiary to 30tli June, 1888 15.00
Half-year's interest at 6 per cent, on $91.53
Total accumulation ... $109.28
Quantity found from table A- -Husband* 30 |
Wife* 20 /• •346
$109.28 X'346 = 137.81 =registered pension in consideration of
contributions paid during bachelorhood.
* NOTE.—Where the ages are not given in the tables, proceed as illustrated in the
general examples given in section F .
 153
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

APPLICATION OF RULE I . (6).

Annual contribution current at the date of marriage $30.
Quantity found from table B, section for officers aged 61 next
birthday at completion of period of co^ntribution : —
Husband* 30 ) . „„
Wife* 20) ••• *•'^•^•
| 3 0 x 4 ' 2 9 = |128.70 = register€d pension in consideration of
annual contribution current at marriage.
Total registered pension to be recorded on the bachelor
contributor marrying: —
By Rule 1. (a) ... | 37.81
By Rule 1. (b) ,,128.70

Total ... 1166.51

(c) Variations of pension consequent on increments to, and

decrements from, the current annual contribution while the
contributor is married to his first wife.
NOTE.—The cessation of the contribution from any cause before
the completion of the fvdl period of contribution must be regarded
as a decrement from the current annual contribution equal to
the amount of such current annual contribution.
RULE I. (c).—Turn to the section of table B which contains
in the heading the age of the husband at the date of completion
of his period of contribution; and multiply the amount of the
increment to, or the decrement from, the current annual contri-
bution by the quantity found from that section corresponding
to the respective ages next birthday of the husband and wife
at the date of the variation of the contribution.
The product gives the amount to be added to the registered
pension consequent on the increment to the current annual
contribution, or as the case may be, the amount to be deducted
from the registered pension consequent on the decrement from
the current annual contribution.
Example of the application of rule I. (c).
Assume particulars as in the example subjoined to rules
1. (a) and 1. (b).
Annual contribution increased on 31st May, 1893,
from 130 to |50.
Annual contribution decreased on 30th April,
1898, from | 5 0 to
Annual contribution ceased on 31st March, 1903.
1893, May 31st.—Increment to current annual
contribution ... ... ... ... ... |20.

* NOTE.— Where the ages are not given in the tables, proceed as illustrated in the
general examples given in section F.
154
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

(juuiitity found from table B, section for officers aged 61 next

birthday at completion of period of contribution : —
Husband 35 ) q.rr
Wife 25 I ••• ' i o b .
| 2 0 x 3 ' 5 6 = |71.20 = amouut to be added to the registered
pension.
Registered pension at marriage, see examjile
subioinedto Rules I. (a) and I. (b) |166.51
Add ..: ... ... „ 71.20

Registered pensiou at 31st May, 1893 ... ... $237.71

1898, April 30th.—Decrement from current
anntial contribution ... ... ... ... $10
Quantity found from table B, section for officers aged 61 next
birthday at completion of period of contribution ; —
Husband 40 1 Q.QI
Wife 30 f ••• ''^•^•
1x291 = 129.10 = amount tD be deducted from the registered
pension.
Registered pension at 31st May, 1893, as above |237.71
Deduct ,, 29.10
Registered pension at 30th April, 1898 1208.61
1903, March, 3Ist—Cessation of contribution
regarded as a decrement from current annual
contribution ... ... ... ... ... Rs. 40
Quantity found from table B, section for officers aged 61 next
birthday at completion of period of contribution : —
Husband 45 ) Q-gn
Wife 35 )
140x2-30 =192.00 = amount to be deducted from the registered
pension.
Registered pension at 30th April, 1898, as above |208.61
Deduct „ 92.00

Registered pension at 31st March, 1903 ... ... |116.61

II.—SECOND, AND SUBSEQUENT, W I F E ' S PROSPECTIVE PENSION.

(A) Variations of pension consequent on increments to, and

decrements from, the current annual contribution while the
contributor is a widower.
RULE I I . (a).—Assume that the contributor is married to a wife
of the age that his last preceding wife would have been had she
survived to the date of the variation of the contribution, and
proceed iu accordance with rule I. (c).
 155
A.D. 1 9 0 4 .
Schedule.
.WIDOWS' AND O R P H A ' N S ' PENSION.

Example of the application of rule I I . (a).

If the particulars be as in the example subjoined to rule I. (c),
except that the first wife, who was born on 31st August, 1868,
died on 30th November, 1888, it would be assumed that the
contributor was at the date of each of the three variations of the
contribution married to a wife who was born on the 31st August,,.
1868. The calculatiotfs will then be identical with those given
in the example subjoined to rule I. (o).

(n) Variations of pension consequent on the re-marriage of the

contributor.
NOTE.—No variation of the registered pension is to be recorded
if the second, or subsequent, wife was at the date of the
re-marriage of the same aye next birthday as the last preceding
wife would have been had she survived to that date.
RULE 11. (b).—If the second, or subsequent, wife was at the
date of the re-marriage of a less or greater age next birthday tJian
the last preceding wife would have been had she survived to that
date, multiply the amount of the registered pension by the
quantity found from table C corresponding to the age next
birthday of the husband at the date of re-marriage, and the age
next birthday which the last preceding wife would have attained
had she survived to that date; multiply the product so obtained
by the quantity found from table A corresi>onding to the respective
ages of the husband and of the second, or subsequent, wife at
the date of the re-marriage.
The result gives the registered pension to be recorded on the
re-marriage of the contributor.
Example of the application of rule I I . (b).
Assume particulars as in the example subjoined to rules I. (a)
and I. (b).
First wife died on 30th November, 1888.
Contributor re-married on 31st January, 1893.
Contributor's age next birthday at
date of re-marriage ... ... 35.
Second wife born on 30th June, 1873.
Second wife's age next birthday at
date of the re-marriage 20.
Age next birthday which the first wife
would have attained had she
survived to date of the re-
marriage ... ... ••• ... 2d.
1893, January 31st.—The second wife being of a less age next
birthday at the date of the re-marriage than the first wife would
have been had she survived, the registered pension |166.51, see
.example subjoined to rules I . (a) and 1. (b), is to be recalculated.
156
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

Q u a n t i t y found from table C :-

Husband 35) 3.224_
Wife 25 )
Q u a n t i t y found from table A : —
H u s b a n d 35 1 .nni
Wife 2 0 / ••• '^^''•

.|166.51x 3-224 = 1536.83.

1536.83 x-293 = 1 1 5 7 . 2 9 = registered pension at 31st J a n u a r y ,
1893.

(c) Variations of pension consequent on increments to, and

decrements from, the current annual contribution while the
contributor is married to his second, or subsequent, wife.

R U L E 1 1 . (c).—Proceed as in r u l e 1. (c).

B . — P U B L I C O F F I C E R W H O C O M M E N C E D TO C O N T R I -
BUTE WHILE MARRIED.

1 1 1 . — F I E S T W I F E ' S PEOSPECTIVE PENSION.

X O T E . — I n every case of a jjublic officer who commenced to

contribute while married, t h e wife a t t h e date of c o m m e n c e m e n t
of the contribution is to be considered as t h e officer's first wife,
and no particulars are to be recorded resjjecting a n y former wife
to whom h e m a y have been married, unless t h e r e is issue of such
former wife of a pensionable age (see D . — P e n s i o n s t o orphan
children).

(A) Pension in consideration of the annual contribution current

at the date of commencement of the contribution.

R U L E 111. (a).—Turn to t h e section of table B which contains

in t h e heading t h e age of t h e h u s b a n d a t t h e date of completion
of his period of c o n t r i b u t i o n ; a n d m u l t i p l y t h e a m o u n t of t h e
current a n n u a l contribution b y t h e q u a n t i t y found from t h a t
section corresponding to t h e respective ages next b i r t h d a y of t h e
husband and wife a t t h e date of c o m m e n c e m e n t of t h e
contribution.

T h e product gives t h e registered pension on account of t h e

a n n u a l contribution c u r r e n t at t h e date of commencement of t h e
contribution.

E x a m p l e of t h e application of rule 111. (a).

Officer born on . . . ... ... ... 31st A u g u s t , 1850.
Do. married on 30th J u n e , 1879.
Do. commenced to contribute on ... 31st J u l y , 1890.
 157
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

Annual contribution current on 31st

July, 1890 flOO.
Date of completion of contribution
period 31st August, 1915.
Wife born on 31st October, 1860.
Officer's age nest birthday on 31st
July, 1890 40.
Officer's age at completion of contri-
bution period ... ... ... 65.
Wife's age next birthday on 31st July,
1890 '... 30.
1890, July 31st.—Current annual
contribution |100.
Quantity found from table B, section for officers aged 65 next
birth day at completion of period of contribution : —•
Husband 40 ) O.QY
Wife 30 J
.flOO X 3-07 = |307 = registered pension in consideration of
annual contribution current at commencement of contribution.
(B) Variations of pension consequent on increments to, and
decrements, from, the current annual contribution while the
contributor is married to his first wife.
RULE I I I . (h).—Proceed as in rule I . (c).
lY.—SECOND, AND SUBSEQUENT, "WIFE'S PEOSPECTIVE PENSION.

(A) Variations of pension consequent on increments to, and

decrements from, the current annual contribution lohile the
contributor is a toidower.
RULE I V . (a).—Proceed as in rule I I . (a).
(B).—Variations of pension consequent on the re-marriage of the
contributor.
RULE I V . (b).—Proceed as in rule I I . (b).
(c) Variations of pension consequent on increments to. and
decrements from, the current annual contribution ivhile the
contributor is married to his second, or subsequent, wife.
RULE I V . (c).—Proceed as in rule I . (c).

C — P U B L I C O F F I C E R WHO COMMENCED TO CONTRI-

BUTE W H I L E A W I D O W E R .
Y.—SECOND, AND SUBSEQUENT, W I F E ' S PEOSPECTIVE PENSION.
RULE V.—For the purpose of calculating the registered pension
assume that the deceased wife survived to the date of commence-
ment of the contribution and died immediately nfterwards; then
158
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

proceed in accordance with the rules applicable to the case of.

officers who commenced to contribute while married (see B).

D.—PENSIONS TO ORPHAN CHILDREN.

Y I . — O E P H A N S ' PENSIONS AT DEATH OF WIDOWER CONTEIBUTOR.

(A) Case where the orphans are the issue of the same wife.
RULE VI. (a).—Divide the amoimt of the registered pension of
the widower contributor equally among the children entitled for
the time being.
Exaniple of the application of rule VI. (a).
Registered pension of widower contributor at his death $150 p.a.
Children entitled on his death : —
Spinster daughter aged 19.
Son aged ... ... 14.
vSon aged ... ... 12.
Each of the three children will take a jiension of $50 per annum.
lif the spinster daughter marry at the age of 20 the two sons
will each take a pension of $75 per annum.
If the j'^ounger son subsequently die at the age of 15 the elder .
son will take the full pension of $150 per annum.
(n) Case where the orphans are the issue of different wives.
NOTE.—The rules here given provide for the case of two wives
only.
RULE V I . (b).—(1) Divide equally among such of the children
of the first wife as may be entitled for the time being one moiety
of the pension which the first wife would have received had she
survived the contributor.
(2) Divide equally among such of the children of the second
wife as may be entitled for the time being 07ie moiety of the
pension which the second wife would have received had she
survived the contributor, and had there been no issue of the first
wife entitled to pension.
(3) So soon as all children of either the first wife or the second
wife have ceased to be entitled to pension, divide equally among
such of the children of the other wife as may be entitled for the
time being the whole of the pension which such other wife would
have received had she survived the contributor, and had there
been no issue of the fir.st wife entitled to pension.
 159
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

V I I . — O R P H A N S ' PENSIONS AT DEATH OR RE-MARRIAGE OP W I D O W .

RULE VII.-^Divide the amount of the widow's pension equally

among her children entitled for the time being.
Example of the application of rule V I I .
Amount of widow's pension at her death or re-marriage—1150
per annum.
Children entitled at her death : —
Assuming the particulars as in the example stibjoined in rule
VI. (a) proceed as therein indicated.

V I I I . — O R P H A N S ' PENSIONS AT DEATH OF MARRIED CONTRIBUTOR.

RULE V I I I . — I n the case where a contributor dies leaving a
widow, and also children the issue of a previous marriage, divide
equally among such of the children of the first wife as may be *
entitled for the time being one moiety of the pension which the
first wife would have received had she survived the contributor.
On the widow's pension ceasing, divide equally among such of
the children of the first wife as may be entitled for the time being
the whole of the pension which the first wife would have received
had she survived the contributor.
NOTE.—In this case, so long as the children of the first wife
are entitled to pension, the widow's pension is one moiety of that
.which she would have received had there been no such children.

E.—PUBLIC O F F I C E R TRANSFERRED TO THE SERVICE

OF ANOTHER COLONY.
Throughout these rules and examples the calculations depend,
not on the official income of the contributor, but on the amount
of his contribution to the Fund, so that the transfer of a public
officer to the service of another Colony does not affect his registered
pension unless the amount of his current annual contribution ia
varied, in which case the proper adjustment is to be made in
accordance with the preceding rules.

F.—CALCUI;ATION OF QUANTITIES (OR TABULAR

RESULTS) FOR AGES NOT GIVEN IN THE TABLES.
TABLE A.—The quantities are given for every age of the
husband from 15 to 64; and for every fifth age of the wife from
15 to 65. Ages of husbands and wives below or beyond are to
be treated as the youngest and oldest ages given respectively.
160
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

, For the intermediate ages of wives, interpolate by first

differences, as follows: —
To find the quantity corresponding to the ages of a husband
and wife aged respectively 35 and 27 next birthday.
The quantity for ages 35 and 25 given in the table is... "310
- The quantity for ages 35 and 30 given in the table is... '332
So that the addition of five years to the age of the wife results'
in an addition of -022 to the quantity given in the table for ages
35 and 25.
.An addition of two years to the age of the wife accordingly
results by proportion in an addition of two-fifths of "022 to the
quantity given in the table for ages 35 and 25.
Two-fifths of -022 = -009, which added to '310 gives -319, which
is the required quantity corresponding to ages 35 and 27.
TABLE B.—This table is divided into eleven sections respectively
applicable to officers who will be aged next birthday 55, 56,
57 . . . uj) to 65, when they complete their period of contribution.
Care should in all cases be fallen to turn to the section which
contains in the heading the age of the husband at the date of
completion of his period of contribution.
In each section the quantities are given for 35 consecutive
ages of the husband, terminating at the age preceding that at
which the contribution ceases, and for every fifth age of the wife
from 15 to 65.
Ages of the wife below or beyond are to be treated as the
youngest and olde.st ages given respectively. For the inter-
mediate ages of wives interpolate by first differences as explained
above. Thus the quantity found from the first section of the
, table (age 55) corresponding to the ages of a husband and wife
aged respectively 45 and 38 next birthday is three-fifths of -17,
added to 1-78, which gives I'88.
For officers who commence to contribute at an earlier a^e than
20 next birthday the method of calculation given in the subjoined
examples is to be followed : —
Example (1): —
An officer aged 17 next birthday, having a wife aged 15 next
birthday, commences to contribute. Assume that the
officer is aged 20 next birthday, so that the quantity
found from table B will be 6-05.
This officer receives an increment of salary at age 22 next
birthday, when his wife's age is 20. Assume that his age is 25
next birthday, i.e., his actual age 22, plus the difference between
his actual age at entry and 20, which is three years. The
quantity found from table B will be 5-16.
 161
A.D. 1 9 0 4 .
I Schedule.'
WIDOWS' AND ORPHANS' PENSION.

Example (2): — . '

An officer aged 19 next birthday commences to contribute
as a bachelor, and five years later, when aged 24 next
birthday, marries; his wife's age being 20 next
birthday. The quantity found from table A iu
accordance with rule I. (a) will be taken for the actual
ages (husband 24 and wife 20) and will be -422.
With respect to the current annual contribution at
marriage, assume that the officer's age is 25 (his actual
age plus one) so that the quantity found from table B
will be 516.
This officer receives an increment of salary when aged 39, when
his wife's age is 35. Assume as before that the ages are 40 and
35 respectively, so that the quantity found from table B will be
2-72.
NOTE.—It will bo observed that this method takes account of
the actual number of years for which the annual contribution will
run. I n example (1), when the officer receives the increment
of salaiy at age 22 he has contributed to the fund for five years,
so that at the expiration of 30 years his contributions will cease.
Similarly in example (2), when the officer marries at age 24, he
also has contributed to the fund for five j^ears, so that although
he is two years older than the officer in example (1), yet the
unexpired period of contribution is the same in each case, and
the wife's age is in each instance 20, so that no important error
is involved in using the same tabular quantity for the two cases.
TABLE C.—The quantities are given for the same ages as in
table A. Ages of husbands and wives below and beyond are to
be treated as in using that table.
For the intermediate ages of wives interjMlate by first differ-
ences as explained a.bove, except that it must be noted that in
this table an addition to the age of the wife results in a deduction
from the quantity given in the table.
To find the quantity corresponding to the ages of a husband
and wife aged respectively 35 and 27 next birthday.
The quantity for ages 35 and 25 given in the table is..-. 3-224
The quantity for ages 35 and 30 given in the table is... 3-010
So that the addition of five years to the age O'f the wife results
in a deduction, of '214 from the quantity given in the table for
ages 35 and 25.
An addition of two years to the age of the wife accordingly
results by proportion in a deduction of two-fifths of '214 from the
quantity given in the table for ages 35 and 25.
Two-fifths of '214 = -086, which deducted from 3224 leaves
3'138, which is the required quantity corresponding to ages 35
and 27.
Vol. n . 11
162
A.B. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.
TABLES FOR CALCULATING PENSIONS TO WIDOWS AK
ORPHAN CHILDREN .OF PUBLIC OFFICERS.
- • TABLE A.
The Yearly Pension, payable by Monthly Instalments, which a Hing
Contribution of 1 will secure.
AGE OF W iFB NEXT BIRTHDAY.

15 2a. 25 1 .30 35 40 45 '' 50 ,55 ' 60

1 ®
"I

• 15 •521 •551 •588 •633- •689 •759 i ^849 •993 1'139 1 r364 ' 16
16 •507 •536 •572 •616 •671 •740 •829 1 ^948 M07 V325 V&
17 •494 •521 •556 1 •eoo •653 •720 •808 ! ^923 V076 r285 1-5
18 •480 . ^506 •541 •. ^583 •635 •701 •786 1 ^897 1-046 1^247 \-o
19 •166 •492 •523 •560 •017 •681 •765 ! ^872 1-015 r2ii V-i
20 •45-2 ,•477 •509 •5 19 •599 •662 1 ^742 •847 •985 , ri74 ^•i
21 •439 •463 •494 •532 •580 • ^642 •720 •822 1 •gse M.38 1^3
22 •425 •449 •479 •516- •562 •623 •egg •797 1 ^927 , M03 i-z
23 •412 •435 •464 •500 •545 •603 i -677 •772 •898 1 r068 V3(
; 24 •399 •422 •449 •481 '527 •583 i -GoG •748 _ •870 1 r034 r2.
25 •387 •408 •434 •468 •510 •564 •634 •724* • " • 8 4 2 1 rooi V2
26 •375 •395 •420 •452 •493 •545 •613 . ^701 •816 ' ^968 ' I T
27 •363 •382 •407 •437 •476 •527 •593 ! -678 •789 •93'! 1 MS
2.S •351 •370 •393 •423 •4C0 •509 •573 1 ^656 •703 •906 rof
29 •340 •358 •330 •108 •441 •492 •553 i ^63 4 •739 •876 V04
30 •329 •346 •367 •394 •429 •475 •534 i -612 •714 •8J6 roi
31 •318 •334 •355 •381 •414 •458 •515 ; •sgi •691 •818 •97
32 •308 •323 ' •343 •368 •400 •442 •498 •571 •668 •791 •94
33 •298 •313 •332 •356 •386 •427 •480 •551 •645 •764 •9f
34 •288 •302 -.321 •314 •373 •412 •464 •532 •623 •739 •87
35 •279 •293 •310 •332 •360 •398 •448 •514 •602 •714 •81
36 •271 •283 •300 •321 •348 •385 •432 •497 •581 •690 •82
, 37 •262 •274 •290 •311 •337 •372 •418 •480 •561 •666 •79
38 •254 •265 •281 •300 •326 •360 •404 •464 •542 •644 •7(
39 •246 •257 271 •290 •315 •347 •390 •448 •524 •623 •74
40 •239 •249 •263 •281 •304 •335 . •376 •432 •506 •602 •72
41 •231 .•241 •254 •271 •294 •324 •363 •417 •489 •583 •70
42 •224 •234 •246 •203 •284 •313 •350 •402 •473 •564 •67
43 •218 •227 •238 •2o4 •275 •302 •338 •389 •457 •546 •65
41 •211 •220 •231 •246 •266 •292 •326 •375 •441 •529 •63
45 •205 •213 •2i4 •238 •257 ' • 2 8 2 •315 •362 •426 •511 •62
46 •109 •207 •217 •230 •248 •272 •305 •350 •412 •494 i •60
47 •193 •201 •210 •223 •240 •263 •295 •339 •398 •478 •58
48 •188 •195 •204 •216 •232 •255 •285 •327 •385 •462 •56
49 •182 •189 •198 •210 •225 •246 •276 •317 •372 •447 •54
50 •177 » •184 •192 1 •203 •218 •238 •267 •306 •360 •433 1 •53(
51 •172 •179 •187 •197 •211 •231 •258 •296 •348 •419 •51.
52 •168 •174 i •182 •191 •205 •224 •250 •286 •337 •406 •50(
53 •163 •169 ! •177 •186 •198 •217 •242 •277 . ^326 •393 •48(
54 •159 •165 •172 •180 •193 •210 •234 •268 •316 •382 •47;
55 •154 •160 •167 •175 •187 •204 •227 •260* 306 i •371 •461
56 •150 •156 ; •163 •171 •182 •198 •220 •252 •297 •.361 • •44£
57 •147 •152 •159 166 •177 •192 •214 •245 •289 i •352 • •43J
• 58 •143 •148 1 •154 •162 •172 •187 •207 •238 •281 ! •343 ! •42f
59 •139 •145 ' •151 •158 •168 •182 •202 •231 •274 •335 •4 IE
60 •136 •141 •147 •154 •164 •177
61
•196 •225 •267 ) •327 1 •40S
•133 •138 •143 •150 -160 1 •172 , •191 ! - ^219 •261 1 •310 1 •400
• 62 •130 •134 •140 •147 •156 ' •168 1 •185 •213 ' •254 1 •311 •392
63 •127 •131 •137 ' •143 1 •152 j •164 i •180 •207 •247 •304 •38.'
64 •124 •128 •134 , •140 •140 [ •160 •176 •202 1 •241 i •297 •378
1
 163
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B. •. •
• This section of Table B. is applicable only to the case of Officers who
11 be aged oo ne.rt hiiiJidai/ when they complete their period of contribution.
The Yearly Pensiou, payable by Monthly Instalments, which a Yearli/
ontrihniioii of 1, payable also by Monthly Instalments, will secure. The
early Contribution is to cease on the termination of 35 years from the date
: the Officer's first Contribution.

3 ti.
is
A o i OF WiFp; NEXT B I R T H D A Y . •
S3
o ..3 15 20 25 30 35 40 45 50 55 60 65

<Jl (=1

20 6 0 5 • 6^38 681 7.35 801 8^86 9-93 ir33 13^18 15-70 19-31
21 5-81 613 6^54 7 06 760 851 9^53 10^88 1266 15-07 18-49
22 5-57 5^88 6 27 6 77 , 7^37 8^16 9-14 10-44 12-14 14-45 17-68
23 5-34 5^64 6-01 6'48 7^06 7^81 8^76 10^00 11 63 13-84 ] 6'89
24 o-i\ 5-40 5'7 5 6 20 675 7^47 8-38 9^57 11 •13 1324 16^41

25 4^89 :VI6 5^49 5-92 6-4--I 7^13 8^01 915 10^64 12-65 15-34 -
26 4-67 493 5 •24 5^65 6^15 6 80 7-65 8^74 1016 12-07 14-59
27 4^46 4^70 4^99 5^38 5^86 6^48 7^29 8-33 9-69 11-50 13-87
28 4^25 4^48 4^75 512 5-57 6^17 6^94 7-93 9^24 10^95 13-17
29 4^05 4^26 4^52 4^86 529 5-86 6^59 7-54 8^79 10-42 12-49

30 3'So 4-05 429 4^61 5^02 5-56 6^25 7-16 8^.35 9-90 n-83
31 3^66 3^84 407 4-37 4^76 5-27 5-92 6-78 7 92 9-40 11-19
32 3-47 3-64 3^86 4-14 4^.50 4^09 5^60 6-42 7^.50 8-91 10-.-)8
33 3^29 3'45 3-66 3 92 4^25 4^71 5^29 607 7^10 8 43 9-99
34 3^ll 3 26 3^40 3^70 -l^Ol 4^44 4-99 5-73 6-70 7-96 9-43

35 203 3-08 3-26 3 49 3^78 4^18 4 70 5^40 6^32 7-.50 8-89

36 2^76 2^90 3 07 3^28 3-56 3-93 4^42 5-07 5'04 7-05 8-37
37 260 • 2^73 2^88 3'08 3-34 - 3-69 4^15 4-76 5-58 6-62 7-87 •
38 2-44 2-56 2 70 2 89 3^13 3^45 3^88 4-46 5^22 6^20 7-39
39 229 2^39 253 2^70 202 322 3^62 4-16 4^87 5 79 6-92

40 2-14 223 2^36 2 52 2^72 - 3 00 3^37 3-87 4^53 5.39 6^47

41 r99 2^07 2-] 9 2-34 2^52 2^78 3-12 3---.9 4'20 5-00 6^02
42 1-84 r92 2^03 2^16 2.33 2^57 2-88 3-31 3^88 4-62 5-58
2^36 2-64 3-04 3-.56 4-25 5-14
43 1'70 r77 1^87 V98 2-14
2^41 2-77 325 3-89 4-71
44 r56 r62 X-71 1^81 r96 2-15

45 1^42 1^47 V55 r64 1-78 1^95 2^18 2 50 294 ^ 3-53 4^28
1^75 195 223 2^64 317 3^S5
46 vta r32 139 Vil reo 1'55 r73 1-97 2^34 2-82 3-43
47 ri4 M7 123 1-31 1^42
48 l^OO 1^03 108 1-15 1-24 1-.35 151 V72 2^05 2-47 3-01
49 086 0^89 0-93 0^99 1-06 M6 1^30 r48 1^76 2-12 2-59

50 0-72 0^75 0^79 0^83 089 0^97 109 1-25 1-47 1-77 2-17
0^79 0^88 1^18 1-42 V75
51 0'59 0-61 064 067 0^72
0^66
roi
076 0^89 1-08 1-33
52 "0^45 0-46 0^4S 0^51 0^54 0^59
53 0^30 0^31 0.33 "0^34 0.36 0'40 0^45 0^51 0^60 0-72 0-89
54 0^15 0^16 0^17 0-17 019 0^20 0^23 0^26 ©•30 0-37 0-45

Vd. II.
164
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B.
This section of Table B is applicable only to the case of Officers who
be aged 56 ne.ri hirthdciij when they complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, \vhich a Yc
Contribution of 1, payable also by Monthly Instalments, will secure.
Yearly Contribution is to cease on tlie termination of 35 years from the (
of the Officer's first contribution.
Birthday.

A G E r)F W I F E NEXT BIRT IID.4Y.

15 20 25 30 35 40 45 50 55 60 a:
4'S
21 5-85 6^17 6^58 7^10 7^74 8-56 9'59 10-95 12-72 15^15 18^6
22 5-61 5 92 6^31 6^81 7^42 8^21 9-21 10-51 12^21 14^55 17^8
23 5^38 5^68 6 04 6-53 7^11 7^86 8^83 10-08 1^71 13^95 17^0
24 5^15 5^44 5^78 6^25 6^80 7^52 8^45 9-65 11-22 1335 16^2

25 4^93 5-20 5^53 5-97 650 7^19 8^08 923 10^74 12^76 1.5^4
26 4^72 4^97 5^28 5^69 6^20 6^87 7-71 8-82 10-27 12^18 14^7
27 4^51 4^74 5^04 5^42 5-91 6^55 7 •.35 8-42 9-81 11^61 14^0
28 4-30 4^52 4^80 5^16 5^63 6^24 7^00 8-02 9-35 11 •oe 13^3
29 4^10 4-31 4^57 4-91 5^35 5-93 G^66 7-63 8'00 10^53 12 6

30 3^90 4-10 4^35 4-67 5 •OS 5^63 633 7-25 8^46 10^02 iro
31 371 3-90 4^13 4^44 4'82 5^34 6-01 6-88 8^03 9^52 ir3
32 3-52 3^70 3^92 4-21 4'57 5^06 5-70 6^52 7^62 9^03 107
33 3-34 3-51 3^71 3^99 4-33 4^79 5-39 6^17 7^22 8^56 lO^l
34 3-16 3-32 3^51 3^77 4^09 4^52 5-09 5^83 6^83 8^10 9-6
35 2-99 314 3^32 356 3^86 4^26 4-80 5^50 645 7^65 9-0
36 2-83 2-96 3^13 3 36 3 64 4^01 4-52 5^18 6-08 7'21 8'5
37 2^67 2-79 2-95 316 342 3-77 4-25 4-87 5^72 6^78 8^0
38 2-51 2-62 277 2-97 3^21 3^54 3-99 4-57 5.37 6^36 7'5
39 2 36 2-46 2^60 2^78 3^01 3'32 3-73 4-28 5^02 5-96 7^1
40 2-21 2-30 2 43 2^60 2-81 3 10 3'48 4 00 4^68 •5-'57 66
41 2-06 2-15 2-27 2-42 2'62 2'89 323 373 4^35 5-19 6-2
42 1-92 2-00 2-11 2^25 2^43 2^68 2-99 3 46 4-03 4^82 5-8
43 1^78 1^85 1-95 2 08 2-25 2^47 2-76 3^19 372 4^46 5-3
44 l'6i 1^70 1-79 1^91 2^07 2^27 2^53 '•92 3^42 4^10 4-9
45
-, 156 1-64
1-50 r75 V89 2^07 2^31 266 3^13 3 75 4^5.
46 136 .V42 1-49 1^59 r71 r87 2^10 2 40 2-84 3 40 4-1;
47 1^22 r28 r.34 r43 1^54 1^68 V89 2^15 2^55 3'06 3^7:
48 ro9 i-u M9 1-27 r37 r49 r68 191 2^26 2^72 33
49 0^96 ' voo VQo l^ll r20 ^30 1-47 V%1 1^98 2-38 2-91
50 0^84 0-m 0^91 0^96 V03 ri2 r26 r44 1^70 2^04 2'5{
51 0^70 0^73 0^76 0^80 0^86 0^94 r05 1^21 1^42 r71 2"1(
52 0^57 0^59 0^62 0^65 0^70 0^76 0-85 0^97 1-14 1^38 l-7f
53 0^43 0^45 0^47 0^49 0^52 0^57 0^64 0^73 0^86 r04 1^2J
54 ©•29 0^30 0-32 0^33 0'35 0^38 0-43 0^49 0^58 0^70 0^8"
55 0^15 0-15 0^16 0^17
1
0^18 0^2u 0-22 0-25 1 0^20 ©•36 0'4.1
1
 165
A.D. 1 9 0 4 .
Schedule.
•*WIDOWS' AND ORPHANS' PENSION.

TABLE B.

This section of Table B is applicable only to the case of Officers who will
aged 57 next birthday wlien they complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, -which a Yearly
ntribution of 1, payable also by Monthly Instalments, will secure. The
sarly Contribution is to cease on the termination of 35 years from the date
the Officer's first contribution.

AGE OF W I F E NEXT BIRTHDAY.

s 15 20 25' 30 35 40 45 50 55 60 65
"S -
o
a
22 5-65 5^96 6^35 6^85 7-47 8'26 9^25 10-57 12-27 14^62 17^94
23 5'42 5^71 6 •OS 6^56 7^16 7^91 8^88 10^14 11-78 14^02 17^13
24 5^19 5^47 5-82 6^28 6-85 7^57 8^51 9-72 11-29 13^43 16^35

25 4^97 5^24 ^•57 6'01 6^55 7-24 8^14 930 10-81 12'85 I5^59
26 4^75 501 5.32 5^74 6^26 6^91 7 78 8^89 W34 1229 14^86
27 4-54 4^78 5^08 5^47 5^97 6^59 7^42 8^49 9^88 ir74 14-15
28 4^33 4^56 4^85 5^21 5-09 6^28 7-07 8^10 9^43 11-20 13-45
29 4-13 4^35 4^62 4^96 5-41 5 •OS 6^73 7-71 8-99 10^66 12^77

30 3-94 4^14 4^40 4^72 5^14 5 69 640 7^33 8^55 10^14 12^11
31 3-75 394 4^18 4-49 4-88 5-40 6^08 6-97 8^13 9^64 11 ^48
32 3-56 374 3-97 4^27 4-63 5^12 5-77 6-61 7^72 9^16 10^88
33 3-38 3'55 3^77 4^05 4-39 4^85 6^47 6-26 732 8^69 1030-
34 3-21 3-37 3^57 383 4-15 4'59 5^17 5^92 6^93 8^23 975

35 304 319 3-38 3^62 3-92 4^33 4^88 5'60 6-56 7^78 9^22
36 2^88 3-02 3^20 3-42 3-70 408 460 5^29 620 7^35 871
37 2-72 2-85 3 02 3 23 3-49 3^84 4-33 4-99 5^84 693 8^22
38 2-57 2^69 2^84 3^04 3-28 3-61 4^07 4-69 5^49 6^52 7^75
39 2^42 ' 2^53 2^67 2-86 308 3^40 3^82 4^40 5^15. 6^12 7^30

40 2^28 2-37 2^50 2^68 2-89 319 3'58 4^11 4^82 5-73 687
41 2^14 2'22 2^34 2^51 2-70 2 98 3^34 3-83 4'50 5-36 6^44
42 2^00 2^07 2^18 2-34 2-52 2-78 3^11 3'56 4^19 5-00 6^02
43 1^86 1-92 2-03 2^17 2-34 2'58 2-88 3-30 3'89 4-64 5^60
44 1^72 V78 1-88 2 00 2-16 2^38 2^65 3'04 3^59 4-29 5^19

45 1^58 1-64 1^73 1^84 1-98 2-18 2^43, 2-79 3-29 3'94 4^79
46 1^45 l^oO 1^58 r68 rsi 1^99 2^22 255 3^00 3^60 439
47 1^32 r36 1^44 1^52 1-64 r80 2^01 2^31 2-72 327 3-99
48 1^19 1^23 1^.30 1^.37 r47 1^62 1-81 2 08 244 2^94 3^59
49 1^06 MO IIG 122 1-31 V44 1^6J 1^85 2^17 2-61 3-19

50 0^94 0-97 1^02 1-07 1^15 r26 1^41 V62 1-90 2-29 2'80
51 0-81 0^84 0^88 0-93 0^99 1-09 1^21 139 164 1^97 2-42
52 0-68 0^71 0^74 0^78 0^83 0-91 1^02 V16 V37 1^65 2^03
53 0-55 0^57 0-60 0-63 0-67 0^73 0-82 0^94 1^10 1^33 1-64
54 0-42 0^44 0^45 0-48 0^51 0-55 0-62 .0'71 0^83 1^01 1^25

55 0-28 0-29 031 0^32 0^34 0^37 0-42 0-48 0-56 0^68 0^84
56 0-14 0^15 0-16 o^ie 0^18 0-19 0-21 0^24 029 0^35 0-43
166
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B.
This section of Table B is applicable onlj' to the ease of Officers w^
will be aged 5S' nr.ct Urthdaii wlien tlie}'- complete their period of contribution
The Yearly Pension, payable by Montlilj' Instalments, which a Ycm
Contrihnfiini of 1, payable also by ilnntlily Instalments, will secure. T
Yearly Contribution is to cease on 1he termination of 35 years from t
date of the Officer's first Contribution.
^3 .
pi ^
AGE OF W I F E NEXT BIRTHDAY.

S3
15 20 25 30 35 40 45 50 55 GO 65
5. ^

23 5-45 5^75 6-12 6-60 7-20 7-96 8-92 10-20 11-84 14-10 17-2
24 5-22 5^51 5-86 6-32 6-89 7-62 8-56 9-78 11-36 13-52 IGl.-

25 5^00 5^28 5-61 6^05 6-59 7-29 8'20 9-36 10-H9 12-94 15-7C
20 4-79 5^05 5-37 5^79 6-29 (i-97 7-84 8 96 10-43 12-38 14-97
27 4^58 4^.^3 5-13 5^53 6 0(1 666 7-49 8 57 9-98 11 -82 14-2(
28 438 4^01 4-89 5^27 5-72 6-35 7-14 8-18 !l-53 U'28 13^5(
29 4^18 4^-10 4-6C 5^02 5-45 6-05 6-80 7^79 908 U)7G 12^8.''

30 398 4^19 4-44 •t^77 5-19 5 75 C-46 7^41 8-64 10-24 12^23
31 3^79 399 4-23 453 4-94 5-46 6-14 7-05 M-22 9-74 ir6i
32 3^61 3 80 4-02 430 4-69 5-18 5-83 6-70^ 7-80 9-26 llOi
33 3^43 3-61 3-82 4-08 4-45 4-91 5-53 6^35 7-40 8-80 10-4.-
34 3^26 .3-12 3-62 3-87 4-21 4-65 5-23 601 7-02 8-.-34 9-9{
35 3^09 3-24 3-43 367 3-98 4-40 4-95 5-68 666 7-90 9 37
36 2^93 3-06 3-24 3-47 3-76 4-16 4^68 5-37 6-30 7-48 8^8f
37 'I'll 2-89 3-06 3-28 3-55 3-93 4-42 5-07 5-95 7-liG V,-'i
38 2^62 2-73 2-89 3-09 3-35 3^71 4-16 4-78 5-61 6-66 l-m
39 2^47 2-58 2-73 2-91 3-16 3^49 3^91 :l-50 5-27 6-26 l-i'i
40 2-33 2-43- 2^57 2-74 2-97 3^27 3^67 4-22 4-94 5-88 1-Of
41 2^19 2-28 2-41 2-57 2-78 306 3-43 3-95 4-63 5-.50 6-6;
42 • 2^05 2-14 2-26 2-40 2-60 2-86 3-20 3 68 4-33 5-14 621
43 1^91 2-0(3 2-n 2-24 2-42 2-66 2-97 3-42 403 4^78 5-80
44 1-78 1-86 1 ^96 2-08 2-24 2-47 2-75 3-17 3-73 i-44 5^4f
45 1 -05 1-72 1-81 1-92 207 2-28 2-54 2 92 3-44 4-12 50C
46 1-52 1-59 ^67 1^77 1-90 2-09 233 2^68 3-16 3-80 4'6]
47 139 1-46 VbZ 1-62 1-74 1-91 2-13 2^45 2-89 3-48 4^2i
48 1-27 1-33 1-39 1-47 1-58 1-73 1-93 222 2-62 3-16 3-8.
49 1-15 1-20 1^25 1^32 1-42 1 '55 1-74 2^00 2-35 2^84 3^4{
50 1-03 • ro7 V12 MS 1-27 r38 1-55 1'78 20!) 2^52 3^0f
51 091 0^94 0-99 ro4 112 1-21 1-.36 ]^56 1-84 2^21 2^7:
52 0'79 0-81 0^86 0-90 0-97 1-05 1-17 V34 1-59 1-90 2^3'
53 0-67 0^68 0^72 0-76 0'81 0-89 0-98 M2 1.33 1-60 i-g-
54 054 055 0-58 0-61 065 0-72 0-79 0^90 1^07 1-29 V5J
55 0^41 0 42 0-44 046 0-49 0-54 0-60 0-68 0-81 0^98 1^2]
56 0^28 0-29 0-30 0-31 0-33 0-36 0-40 0-46 0-54 0^66 0^8:
57 0^14 0-15 0^15 0-16 0-17 0-18 0-21 0^24 0-28 0-34 0^4i
 167
A.D. 1 9 0 4 .
Schedule.
•WIDOWS' AND ORPHANS' PENSION.

TABLE B.
This section of Table B is applicable only to the case of Officers who will
aged 59 next birthday when i\i&j complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, which a Yearly
mtribution of 1, payable also by Monthly Instalments, will secure. The
sarly Contribution is to cease on the termination of 35 years from the date
the Officer's first Contribution.
irthday. 1

A Q B OF W I F E NEXT BIRTHDAY.

15 20 25 30 35 40 45 50 55 60 65

24 5^25 5^54 5^90 6-36 6-93 7^67 8^60 9-83 11-42 13-59 16-55

25 5 •OS 5-31 5-65 6-09 6-64 7^34 8^25 9^42 10-95 13 02 15-79
26 4^82 5-OS 5^40 5 82 6-35 7^02 7-90 9-02 10-49 12-46 15-06
27 4-61 4-86 5^16 5^56 606 6-71 7'55 8-62 10 04 11-91 14-35
28 4^41 4-64 4^93 5^30 5-78 6^40 7-20 8-23 9-59 11-37 13^66
29 4-21 4-43 4-70 5 05 5-51 6^10 680 7-85 915 1084 12^99

50 4-02 4-22 4^48 4-81 5-24 5^80 6-52 7-47 8-72 10-.33 12-34
51 3-83 402 4-27 4-58 4-98 5-51 6-20 7-1] 8-30 0 84 11-72 •
i2 3-65 3-83 4-07 4-36 4-73 5-23 5-90 6-76 7-89 936 iri2
i3 3-47 3-64 3-87 4-14 4-49 4-97 5-60 6 42 7-49 8-90 10-55
!4 3-30 3-46 3-67 3 93 4-26 4-72 5-31 6-09 711 8-45 10-01

5 3-13 3-29 3^48 3-73 4-04 4-47 5-03 5-77 6-75 8-01 9-50
6 2-97 3-12 3^29 3-53 3^83 4-23 4-76 5-46 6 40 7-59 9-01
7 2-82 2-96 3-11 3-34 3 62 4-00 4-50 516 6^05 7-18 8-54
8 2-67 2-80 2-94 3-16 3-42 3 77 4-24 4-87 5^71 6'78 8-08
9 2-53 2-64 2-78 2^98 3-22 3-55 3-99 4-59 5-.38 6-39 7-64

0 2-39 2-49 2-62 2^80 3-03 3^34 3-75 4-31 505 6-01 7'21
1 2-25 2-34 2-47 2-63 2-84 .3-14 3-52 4-04 4-74 5-64 6-79
2 2^11 2^20 2^32 2^46 2-66 2-94 3-30 3-78 4-44 5^29 6-38
3 1-98 2-06 217 2.30 2-49 2-74 3 08 3-53 4'15 4^95 5-98
4 1-85 1-92 2-02 2-15 2-32 2-55 2-86 3-28 3-85 4'62 5^59

5 1-72 1-79 1-88 2-00 2-16 2-37 2-05 304 3-58 4-29 5-21
6 1-59 1^66 1-74 1^85 2^00 2-19 2-45 2-80 3.30 3-97 4-83
7 1-47 1-53 1-60 r70 r84 2-01 2-25 2-57 3 03 3-65 4^45
8 1-35 1^40 1-47 1-55 1-68 1'83 2-06 2-35 2-77 3-33 4-07
9 1-23 1^28 1-34 \-il 1^52 1-66 1-87 2-13 2-51 3^02 370

0 1-11 M6 1-21 r27 r37 1-49 1-68 1-92 2^26 2'72 3.33
1 0-99 r04 1-08 M4 1^22 1-32 1-49 r7i 2^01 2^42 2^97
2 0-87 0^92 0-95 roi 1-08 ri6 1'30 1-50 1-77 2'12 261
3 0-75 0^80 0-82 0^87 0-93 VOO 1^12 1-29 1-53 1^82 2^26
4 0-63 0^67 0-69 0-73 0-78 0^84 0-94 1-08 1-28 p.53
vm
5 0-52 0-,54 0-56 0-59 0-63 0-68 0-76 0-87 1-03 1-24 VM
3 0'39 0^41 0-43 0-45 0^48 0^.52 0 58 0-66 0-78 0'95 1'18
7 0-27 0-28 0'29 0-30 0^32 0-35 0-39 0-45 0-53 0^64 0^80
3 0^14 0^14 0'15 0-16 0-17 0-18 0-20 0-23 0-27 0^33 0-41
168
AD. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B.
This section of Table B is applicable only to the case of Officers who w
be aged GO ne.rt birthday when they complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, which a Yeai
Contribution of 1, payable also by Monthly Instalments, will secure. T
Yearly Contribution is to cease on the termination of 35 years from the da
of the Officer's first Contribution.
Age or Husband
next Birthday.

AQE OF W I F E NEXT BIRTHDAY.

15 20 25 30 35 40 45 50 55 60 65

25 5^06 5^.34 5^68 6^]2 6-67 7-38 8^29 9-47 iroi 13-09 15^8
26 4-84 5^11 5^44 5-85 6-38 7^06 7'92 9-OG 10-53 12-52 151
27 4-63 4^89 5^20 5^59 G-09 6^75 7^56 8^65 iiros U-97 14^4
28 4-43 4-67 4^97 5^34 5-81 6^44 7-1:2 8'26 9^64 11 -43 ].3^7
29 4-24 4^46 4^74 5-(i9 5-54 6-14 6-89 7-89 9^2] 10-91 13^0

30 4-05 4^26 4-52 4-85 5-28 5-85 6-57 7-53 8^79 10-41 12-4
31 3-86 4^06 4^30 4^62 5-03 5-57 6-26 7-18 8^38 9-93 irs
32 3-68 3-87 4^09 4^40 4-78 5^30 5-96 6-83 7-98 -9^46 11^2
33 3-51 3-68 3^89 4-18 4-54 5^03 5-66 6-49 7-59 9-00 10^6
34 3-34 3-50 3-70 3-97 4-31 4-77 5-37 6-16 7-21 8^55 lO^l.

35 3-17 3'33 3-52 3^77 4-09 4^52 5-09 5-84 6-84 8^11 9-6:
36 3'01 3'16 3-34 3^57 3-88 4-28 4^82 5-53 6-49 769 9-K
37 2^86 3^00 3-17 338 3-68 4^05 4^56 5-23 6-14 7^28 8^6(
38 2^71 2^84 3^00 320 3-48 3^83 431 4-94 5-80 6^88 8^2
39 2^57 2^69 2^84 3^03 3-29 3^02 4-07 1-67 5-47 6-50 7-7'
40 2^43 2^54 2'68 2^8e 3^10 3^41 3-83 4-40 5-15 6-13 7-3.
41 2'29 2-39 2^53 2^69 2^92 3^21 3-60 4-14 4-84 5^78 6^9-
42 2^16 2^25 2^38 2^53 2^74 .3^01 3-38 3'88 4^54 5^44 6-5-
43 2^03 2-11 2^23 2^37 2-57 2-82 3^16 3-63 4^25 5^10 6-1.-
44 r90 1'98 2^09 2^22 2-40 2-63 2^95 3'39 3^97 4-77 5-7
•
45 1^78 1^85 V95 2^07 2-23 2-45 2^74 3^15 3^70 4^44 53£
46 1-66 vn V81 r92 2-07 2-27 2^54 2-92 3-44 4^12 b-Oi
47 1-54 \-b<6 r68 r78 1-91 2-10 2-35 2-69 3-18 3-81 J^6E
48 1^42 Vil r55 1-64 1-76 1-93 2-16 2-47 2-92 3^50 4^2i
49 r30 1-.35 r42 rso V61 1-76 1-97 2-26 2-67 3-20 3-9i
50 V19 1-23 r29 1-3G 1-46 1-60 1^79 2'05 2-42 3-5f
2-91
51 ro7 1-11 116 1-22 r3i 1-44 r61 1^84 2-17 2-62 3-2]
52 0^95 0-99 V03 1-09 ri7 1-28 r43 ]^64 193 2-33 2-8(
53 0^84 0-87 ii^91 0-96 103 1-12 ]^25 1^44 169 2-05 2-5:
54 0^73 0-75 0^79 0-83 0^89 0^97 r08 r24 r46 1-77 2-16
55 0-62 0^64 0-67 0-70 0^75 0-82 0-91 r04 1-23 V49 vai
56 0^50 0^52 ©•54 0-57 0^61 0^66 0-74 0^84 0-99 1^21 Voi
57 0^39 0-40 0^42 0-44 0-4G 0^50 0^56 0^64 0-76 0^92 lie
58 0^26 0^27 0^28 0^30 0-31 0^34 0^38 0'43 0^51 0-62 0^7S
59 0^13 0^14 0^14 0^15 0-16 0^17 0^19 0^22 0-26 0-.32 o^4r
 169
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B.
This section of Table B is applicable only to the case of Officers who will
be aged 61 ne.rt birthday when they complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, which a Yearly
Contribution of 1, payable also by Monthly Instalments, will secure. The
Yearly Contribution is to cease on the termination of 35 years from the date
of the Officer's first Contribution.

A G E OF W IFE NEXT BIRTHDAY.

Age of I
next Bi

15 20 25 30 35 40 45 50 55 60 65
1

26 4^88 5^15 5^47 5^89 6-41 7-10 7-98 9^12 10^61 12^60 .15^23
27 4-67 4^92 5^22 5^62 6-12 6^78 7-61 8-72 10-14 12^04 14^52
28 4^47 4-70 4^99 5^.37 5-85 6^48 7-27 8-34 9^69 ir5i 13'84
29 4-27 4-49 4-77 5^13 5-58 6-18 6^94 7-9f; 9-26 10-99 1.3^18

30 4-08 4-29 4-55 4^89 5-32 5-89 0-62 7-59 8-85 10-49 13^54
31 3^89 4-09 4-34 4^66 5-07 5'60 6-31 7-22 8-45 10-00 ir92
32 3^71 3-90 4-13 4-44 4-83 5-,32 6^01 6-87 8-06 9-53 1V33
33 3-54 3-72 3-93 4-23 4-59 5-06 5^72 0-54 7-67 9-07 10^77
34 3-37 , 3^54 3-74 4-02 4-36 4-81 5-43 6-22 7-29 8-63 10^24

35 3-21 3-37 .3-56 3-82 4-14 4-57 5^15 5-91 6-92 8-20 9^73
36 3-06 3-20 3-.39 3-63 3-93 4-34 4^88 5-61 6-56 7-78 9^25
37 2^91 3^04 3^22 3-44 3-73 4-11 4^62 5^32 6^21 7-38 8^79
38 2-76 2^88 3-05 3^26 3-53 3-89 4^37 6^03 5^88 6-99 8^34
39 2-62 2'73 2-89 3^08 3-34 3-68 4^13 4^75 5^56 6-Gl 7^91

40 2-48 2^58 2-73 2-91 3-15 3-47 3^90 4^48 5^25 6-24 7^49
41 2-34 2-44 2-58 2-75 2-97 3-27 3^G7 4-22 4^95 5-88 7^08
42 2-21 2^30 2-43 2-59 2-80 3-07 .3-45 3'96 4-65 5-53 6^69
43 2-08 2-17 2-28 2^43 2-63 2-88 3-23 3^71 4-36 5-20 6^30
44 1-95 2^04 2-14 2-28 2-46 2-70 3-02 3-47 4-08 4^88 5-92

45 1-83 1^91 2-00 2-13 2-30 2-52 2-82 3-24 3-81 4^57 5^55
46 r7i 1^79 1-86 1-98 2-14 2-35 2-63 3-01 3-55 4^26 5^18
47 1-59 r67 1-73 1-84 V99 2'18 2-44 2-79 3-30 396 4-82
48 1-48 1^55 1-60 1-70 1'84 2-01 2^26 2-58 3'05 3^66 4-46
49 137 1'43 1-48 1-57 r69 1-85 2^08 2-.37 2^80 3.36 4^U

50 1^26 1^31 1-.36 r44 1^55 1-69 1-90 2-17 2-56 3^07 3-76
51 M5 1^19 1-24 1-32 1^41 1 53 1-73 1-97 2-32 2'79 3^42
52 1^04 1^07 1-12 1-20 1-27 1^.38 1-56 1-77 2-09 2'51 3^09
53 0^93 0'96 VOO 1^07 1-13 1-23 1-.39 1-58 1-86 2-24 2^76
54 0^82 0-85 0-88 0-94 1-00 1-08 1-22 1-39 1-63 1-97 2^-44

55 0-71 0-74 0-77 0-81 0-86 0-94 1-05 1-20 1-41 i-n 2'13
56 0-60 0^62 0-65 0-68 0-73 0^79 0-88 1-01 1-19 1-44 1^80
57 0-49 0-51 0^53 0-55 0-59 0^64 0-71 0-82 0^96 1-17 r46
58 0-37 0^39 0-40 0-42 0-45 0-49 0-54 0-62 0^73 0-90 1^12
59 0-25 0-26 0^28 0-29 0-31 0-33" 0-,37 0-42 0-50 0-61 0^76

60 0^13 0^13 0^14 0-15 0-16 0-17 0-19 0-24 0^25 0-31 0-39
170
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B.
This section of Table B is applicable only to the case of Officers who will
be aged 62 ne.rt birthday when they complete their period of contribution.
The Yearly Pension, payable liy Monthly Instalments, which a Yearly
Contritiution of 1, payable also by Monthly Instalments, will secnre. The
Yearly Contribution is to cease on the termination of 35 years from the date
of the Officer's first Contribution.

a >> A Q E OP W I F E NEXT BIRTHDAY.

-3-a
.
P
*i2
-- — -
is 15 20 25 30 35 40 45 . 50 55 60 65

27 4-70 4^90 5-26 5-66 G16 6-83 7-68 . 8-77 10^22 12-12 14^00
28 4-50 4^74 5-02 5-40 5-88 G-52 7 •.33 8-37 9^77 11-59 13^92
29 4-,30 4^53 4-79 5-15 5-61 G-22 7^00 8-00 9-34 1 107 13-27

30 4^11 4^32 l--.-,.x 4-92 5-36 5-93 6^G7 7-04 8^92 111-57 12-63
31 3-91 4-12 4-37 4-69 5-11 5-64 6-35 7-29 8-51 10-07 12-01
32 3^73 3-93 4-17 4-47 •1-87 5-37 604 6-95 8-11 9-60 11-42
33 3-56 3-75 3-97 4-26 4-G3 5-11 5'75 G-61 7-72 9-14 10^80
34 3^40 3-57 3-78 4-U5 4-40 4-86 5-47 6-28 7-.34 8-70 10^33

35 324 3-40 3-60 3-85 4-18 4-62 5-2(1 .-.-yo 6-98 8-28 9-83
36 3^09 3-23 3-43 3^06 3-97 4-39 4-94 5-65 6-63 7^87 9-36
37 2-94 3-07 3-26 3-48 3-77 4-lG 4-68 5^36 0-29 7-48 8-90^
38 2^80 2-91 3-09 3-30 3-57 3-94 4-43 5^08 5-96 7^09 8-45
39 2^66 2-76 2-93 3-13 3-38 3-73 4-19 4^81 5-64 .6-71 8-02

4(1 2^52 2-62 2-77 2-9G 3-20 3'53 3-96 4-55 5-33 6-34 7-60
41 2-39 2-48 2-62 2-80 3^02 3-33 3-73 1-29 503 5-99 7-20
.42 2^26 2-35 2-47 2-64 2-85 314 3-51 4-04 4-74 5-65 6-81
43 2^]3 2^22 2.33 2-49 2^68 2-95 3-30 3^80 4-46 5-32 6-43
44 2-00 2-09 2-19 2-.34 2^52 2-77 3-09 356 4-18 5-01 6-06

• 45 1-88 r96 2-06 2-19 2-36 2-59 2-89 333 .3^91 4-70 5-70
46 1'76 V84 1-93 2-05 2^21 2-42 2-70 3^11 3^65 4^40 5-31
47 V65 V72 rso V91 2-06 2-25 2-52 2^90 3^40 4^10 4-99
• 48 V54 1^60 V67 Vll V9] 2-09 2-34 2-69 316 3^81 4-64
49 r43 1-48; r55 V64 V77 1'93 2-lG 2-48 2-92 3-52 4-29

50 1^32 1^37 1-43 r5] ro3 1^78 TOO 2-28 2^69 3-23 3-95
51 r2i r26 1-31 ^38 1^49 1-63 J •Si 2-08 2^46 2-95 3-62
52 1-10 1-15 1-19 V26 1^35 1-48 1-65 r89 2-24 2-68 3-.30
53 0 99 1-04 1-08 1'14 1-22 1.33 r49 1-70 2^02 2-42 2^98
54 0^89 0-93 0-97 1-02 1 •( 19 1-19 1-.33 r52 rso • 2-16 2^67
1
55 0^79 0-82 0-86 0-90 0^96 1-05 M7 r34 l-,58 ! 1-91 2^.37
56 0^69 0-72 0-75 0-79 0^84 0-91 1^01 M6 r36 1-66 2-06
57 0^59 0^61 1 0-63 0-66 0^70 0-76 0^85 0^98 M5 1-40 V74
58 0^48 0-49 j 0-51 0^54 0-57 0-62 0^69 0^79 0-93 M4 1^42
59 0^36 0^38 1 0.39 0^41 0-41 0-47 0^53 O^GO 0^71 0^87 1-09
60 0-25 0-26 0-27 0^28 0-30 0^.32 0^36 0^41 0^48 0-59 0^71
61 0^13 0-13 0-14 0^14 0-15 0^16 0^18 0^21 0-25 0^30 0^38
1
 171
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

T A B L E B.
This section of Table B is applicable only to the case of Officers who will
e aged 63 ne.rt birthday when they complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, which a Yearly
''ontribu-tion of 1, payable also liy Monthly Instalments, will secure. The
f early Contribution is to cease on the termination of 35 years from the date
if tlie Officer's first Contribution.

3^' A G E OF W I F E NEXT BIRTHDAY.

ly. 15 20 25 30 35 40 45 50 55 GO 65

28 4-52 4-77 5^06 5^41 5-92 6'.">6 7-38 8-43 9 83 11 -65 13-99
29 4-32 4-5G 4^83 5-19 5-65 G-26 7-04 8-05 9-40 1113 13-33

30 4-13 4-35 4-61 4-95 5-39 5-97 6-7 I 7-69 8-97 10-63 12-70
31 3-93 4-14 4-40 4-71 5-13 5-68 G-39 7-34 8-55 40^15 i2-09
32 3-75 3-94 4-20 4-49 4-88 5-41 6-09 7-00 8-16 9-68 11-51
OO
3-58 3^76 4-00 4-28 4-65 5^15 5-80 6-(i7 7-78 9-23 10-95
34 3-42 3^59 3-81 4-08 4^43 4^90 5-52 6-34 7-41 8-79 10-42

35 3-27 3-43 3-63 3-89 4-22 4 66 5-25 G-02 7-05 8-36 9^92
36 3-12 3-27 3-45 3-70 4-01 4-43 4-99 5-71 6-70 7-94 9^45
37 2-97 3-11 3-28 3-52 3-80 4-21 4-74 5-42 6-36 7-54 8-99
38 2-83 2-96 312 3-34 3-61 3-99 4-49 5-14 6-03 7-15 8-55
39 2-69 2-81 2-96 3-17 3-43 3-78 4-25 4-87 5-71 6-78 8-12

40 2-55 2-66 2-81 3-00 3-25 3-58 4-02 • 4-61 5-40 6-43 7-71
41 2-42 2-.52 2-66 2-84 3-08 • 3-39 3-79 4-36 5-10 6-09 7-32
42 2-29 2-,39 2-52 2-68 2-91 3-20 3-57 4-11 4-81 5-7G 6-94
- 43 2-17 2-2G 2-.38 2-.53 2-74 301 3-36 3-87 4-53 5-43 6-56
44 2^05 2-13 2-24 2-.38 2-58 2-83 3-16 3-63 4-26 5-11 6-19

45 1-93 2-00 2-11 2-24 2-42 2^65 296 3-40 400 4-80 5^83
46 1-82 1-88 1-98 2-10 2-27 2^48 2-77 3-18 3-75 4-50 5^47
47 1-71 1-76 1-85 1-97 2-12 2-31 2-59 2-97 3^50 4-21 5^12
48 1-60 1-65 1-73 1-84 a-98 2-15 2-41 2^77 3-26 3-92 4^78
49 1-49 1-54 1-61 r71 1-84 200 2-24 2-57 3-03 3-64 4-45

50 1-38 1-43 1-49 ]-58 1-70 1-85 2-08 2^38 2-80 3-37 4-12
51 1-27 1-.32 1-.38 1-46 1-57 1-71 1-92 2-19 2-58 3-10 3'80
52 1-17 1-21 1-27 1-34 1-44 1-57 1-76 2-01 236 2-84 3-49
53 1-07 1-10 1-16 1-22 1'31 1-43 1-60 1-83 2^15 2-58 3-19
54 0-97 1-00 1-05 1-10 M8 1-29 1^44 1-65 1^94 2-33 2-89

55 0-87 0-90 0-94 0-99 1^05 1-15 1^28 1-47 1-73 2-09 2-60
56 0^77 0-80 0-84 0-88 0-93 1-01 ri3 1-29 1-52 1-85 2-30
57 0-67 0-69 0-73 0-76 0-81 0-88 0-98 1-12 1-.32 1-61 2^00
58 0-57 0-59 0-61 0-64 0^68 0-74 0^82 0-94 1-11 1.36 r69
59 0-46 0-48 0-50 0'52 0-55 0-60 0-67 0-76 0-90 1-11 r38

60 0.35 0 37 0-38 0-40 0-43 • 0-46 0-51 0-58 0-69 0-85 1-06
61 0-24 0-25 0-26 0-27 0-29 0-31 0-35 0-40 0-47 0-58 0'72
62 0-12 0^13 013 0-14 0'15 0-16 0-18 0-20 0-24 0-30 0^37
172
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE B
This section of Table B is applicable only to the case of Officers who will
be aged 6'.^ next birthday Avhen they complete their pei'iod of contribution.
The Yearly Pension, payable by Monthly Instalments, which a Yearly
Contriliution of 1, payable also by Monthly Instalments, will secure. The
Yearly Contribution is to cease on the termination of 35 years from the date
of the Officer's first Contribution.

AGE OF W I F E NEXT BIRTHDAY.

II
ax,
Age of H
next Bi

15 20 25 30 35 i 40 ! 45 50 55 60 65

29 4-34 4^58 4-86 5-22 5-68 6^29 7-08 8^10 9-44 1M9 13-40

30 4^16 1-37 4-64 4^98 5-42 GOO G-74 7^73 9-02 10^69 12-77
31 3^97 4-17 4-43 4^74 517 5-72 6^43 7^37 8-60 10^20 12-15
32 3^79 3^98 4-23 4^52 4-93 5-45 6^13 7-03 8-21 9-73 11-56
33 3^62 3^80 4-03 4^31 -1'70 5-19 5-84 6-70 7-83 9^28 iroo
34 3^45 3^63 3-84 4^11 4^47 4-94 5-56 6-.38 7-46 8^85 10^48

35 3'29 3-46 3-66 3-92 4'25 4-7u 5-29 6-07 7'10 8^43 9-99
36 3^14 3^29 3-48 3-74 4-04 4-47 5-03 5-77 6^75 8^02 9 53
37 2-99 313 3-31 3^56 3'84 4^25 , 4-78 5-48 6-43 7^62 9-08
38 2^85 2^98 3-15 3-38 3'6-> 4^03 4-54 5-20 6-08 7^24 8-64
39 2-71 2-83 2-99 3^21 3-47 3-82 4-30 4-93 5-77 6^87 8-22

40 2-58 2^69 2-84 3^04 3^29 3-62 4-07 4-67 5-47 6-51 7-81
41 2-45 2^55 2-70 2^87 3^12 3-43 3-84 4-42 5'18 6-17 7-.42
42 %-3S 2'42 2-56 2^71 2^95 3-24 3-62 4-17 4^90 5-84 7^04
43 2^21 2^29 2^42 2-56 2^79 3-06 3-41 3-93 4^62 5-52 6^67
44 2^09 2^16 2^28 2-42 2-63 2-88 3-21 3^70 4^35 5^2l 6-31

45 r97 2'04 2^15 2^28 2-47 2-71 3-02 3^48 409 4-91 5-95
46 V86 1^92 2-02 2^I5 2-32 2-54 2-84 3^26 3-84 4^61 5-60
47 1^75 V81 r90 2^02 2-17 2-38 2-66 3-05 3-59 4^32 5-25
48 1-64 1'70 r78 1^89 - 2-03 2-22 2-49 2-85 3-35 4-04 4'91
49 1-53 1-59 l-GG P76 1^89 2-07 2-32 2-66 3-12" 3-76 4^58

50 1-43 V48 1^55 1^64 1-7G 1^92 2-15 2-47 2-90 3-49 4^27
51 1-33 V37 1^44 1^52 1-63 VIS 1-99 2-29 2-69 3-23 3-97
52 1-23 r27 1-33 1-40 1-50 1^64 1-83 2-11 2-48 2-98 3-67
53 V13 M7 1^22 1'28 1-38 1^50 1-68 1-93 2-27 2^73 3-38
54 1^03 V07 1^11 1-17 V26 r37 V53 1-75 2'06 2^49 3-09
55 0^94 0-97 roi 1-06 T14 1^24 1-38 1-58 1-86 2-25 2-80
5G 0-84 0^86 090 0^95 r02 MO V-2Z ^41 1-66 2-01 2-51
57 0-74 0^76 0^79 0^84 0^90 0^97 1^08 ]-2i 1-46 1-77 2'22
58 0-64 0^66 0^68 0^73 0-78 0^84 0-93 1^07 1-26 1-54 1-93
59 0^54 0-56 0-58 0-62 0^66 0-71 0-79 0^90 r07 1-31 1-64
60 0^45 0-46 0^48 0-51 0^54 0-58 0-65 0-74 0^88 1-08 1-35
61 0-34 0-36 0-37 0-39 0^41 0-44 0^49 0^57 0^67 0'82 1-03
62 0^23 0-24 0^25 0-27 0^28 0-30 0-33 0^38 0^46 0-56 0'71
63 0^12 0-12 0^13 0-14 0^14 0-16 0-17 0-20 0^24 0-29 0-37
1
 173
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

T A B L E B.
This Section of Table B is ajiplicable only to the case of Officers who
will be aged 65 next birthday when they complete their period of contribution.
The Yearly Pension, payable by Monthly Instalments, which a Yearly
Contribution of 1, payable also by Monthly Instalments, will secure. The
Yearly Contribution is to cease on the termination of 35 years from the date
of the Officer's first Contribution, or on his attaining tlife age of 65.

Si A G E OF W I F E NEXT BIRTHDAY.
Bt.
15 20 25 30 35 40 45 50 56 60 65

30 4-17 4'39 4'66 5^00 5^44 6-03 6-78 7-77 9-06 10-74 12^83
31 4-00 4'20 4^46 4'78 5^20 5-77 6-47 7-43 8-67 10-29 12-24
32 3-83 4^01 4-26 4^56 4-96 5-51 6^17 7^10 8-29 9-8i 1167
33 3-66 3-83 4-07 4-35 4-73 5-25 5-88 6^77 7-91 9^39 11-12
34 3-49 3^65 3-88 4-16 4'.50 4-99 5^60 6-44 7-53 8^94 10-.59

35 3-32 3-48 3-69 3-95 4-28 4'73 5 ••33 6-11 7-16 8-49 10-07
36 3-16 3-31 3-51 3-76 4-07 4-48 5-07 5-79 6-80 8'07 9-58
37 3-01 3-15 3-34 3-58 3-87 4-25 4^82 5-49 6-46 7^68 9^12
38 2^87 3^00 3-18 3-41 3-68 4-04 4^58 5-21 6^14 7^30 8^69
39 2^74 2^86 3-02 3-24 3-50 3-85 4-.34 4-96 5-83 6-93 8-28

40 261 2^72 2-87 3-07 3-32 3-66 4-11 4-72 5-53 6-58 7-89
41 2^48 2^58 2-73 2-91 3-15 3-47 3-89 4-48 5-24 6-24 7-51
42 2-36 2^45 2-59 2-76 2-98 3-29 3-68 4-24 4^96 5'92 7^14
43 2-24 2'32 2-45 2-61 2-82 3-11 3-47 4-00 4^69 5^60 6'77
44 2-12 2^20 2'32 2-47 2-66 203 3-27 3-77 4^42 ' 5^29 6-41

45 2-00 2^06 219 2-33 , 2-51 2-76 3-08 3-54 4^16 4^99 6-06
46 1^89 1^97 2-07 2-20 2-.36 2-59 2-89 3-32 3^91 4-69 5-72
47 r78 1-86 1-95 2-07 2-22 2^43 2-71 3-11 3^67 4-40 5^38
48 1-67 1-75 1-83 1-94 2-08 2-27 2-54 2-91 3^44 4-12 5^05
49 1^57 1-64 1-71 1-81 1-94 2'12 2-.38 2-73 3^22 3^86 4-7.3

50 1-47 1^63 1-60 1-69 1-81 i-m 2-22 2-55 3'00 3-60 4'41
51 V37 r43 1-49 1-.37 1-68 1-84 2-06 2-37 2-79 3^35 4^10
52 1^27 1^33 1-38 1-46 1-.56 1^71 1-91 2-19 2-58 3-11 3^81
53 M7 1^23 1-28 1-35 1'44 1^58 1-76 2-02 2-38 2^87 3-63
54 1-08 1-13 1-18 1-24 r32 1-45 r6l r85 2-18 2'63 3-25

.55- ©•99 1^03 1^08 M3 1^21 1-32 1-47 1-68 r98 2-40 2^98
56 0^90 0 93 0^98 r02 MO 1-20 r.33 1-52 V79 2^17 2^71
57 0-81 0^83 0^88 0'91 0^90 1-08 1^19 1-36 1^60 r94 2^44
58 0^72 0^73 0^78 0^80 0-88 0-95 1^05 1-20 1^42 1^72 2^16
59 0^63 0-64 0^68 0^70 0-76 0-82 0-91 1-04 1-23 r.50 1-88

60 0-53 0-55 0^57 0^60 0-64 0-69 0-77 0-88 1-04 1-28 1-60
61 0-43 0^45 0^47 0^49 0-52 0-56 0-62 0-72 0-85 1-04 1-31
62 0-33 0^34 0^36 0^38 0-40 0-43 0-48 0-55 0-65 0-80 1-01
63 0^23 0^24 0^25 0^26 0-27 0-30 0-32 0-37 0-44 0-55 0-69
64 0^12 0-12 0-13 0^13 0-14 0-15 0-17 0-19 0-23 0-28 0-36
174
A.D. 1 9 0 4 .
Schedule.
WIDOWS' AND ORPHANS' PENSION.

TABLE 0.
The Single contriliution which will secure a Yearly Pcnmon of 1,
payable bj^ Monthly Instalments.
•-"^ ^ AGE OF W FE NEXT B I R T H D A Y .

'A 3 •• 15 20 25 30 ' 35 40 45 50 55 60 G5
' " i
15 1-920 ]-8i6 1 -702 : 1-580 l-4'.l 1-318 1-178 1-028. ' -878 -733 i -600
IG 1-97] 1 -865 1-748 '•: 1-623 '• 1-490 1 -352 \-wi 1-055 -903 •755 •615
17 2-02G 1-919 1-797 r"668 1 1-531 1 '3'^'^ r238 1-084 -929 •778 •631
18 2-086 1-975 , 1-849 1-716 1 1-575 1-427 r272 ] •] 15 •956 •802 •649
10 2-147 2'U34 ' V905 1-768 r621 1 -408 [•.308 M17 -08.5 •826 •670
20 2-2)2 2-095 V961 1-822 1 1-670 1-5] 1 1-347 1-181 i 1-015 •852 •693
21 2-280 2-1.59 2-1125 1-879 • 1-723 r.557 1 -S.SH 1-217 1-046 •H79 •717
22 2-352 2226 2-089 1-939 1-778 1-6(XJ 1-431 1-255 1079 •907 •741:
23 2-427 2-297 2']57 2-002 1-836 1 -658 1-477 1-205 M14 •936 •767
21 2 5'>5 2-372 2-22H , 2 0 6 8 V898 1-714 1-525 1-337 M50 •967 •794
25 2-585 2-451 2-302 2-13S I •962 1-773 1-577 1-381 ' M 8 7 •999 •824
26 2-668 2-533 2-370 2-211 2-029 1-831 1-631 1-427 Vim 1-033 •855
27 2-7.55 2-618 2-459 i 2-287 2-099 1'897 V687 1-475 1-2Q1 1-068 •8.b7
28 2-816 2-706 2-543 2-366 2-173 1 -964 ] ^746 1 -525 1-310 M04 •920
29 2-012 2-797 2-631 2-419 2-250 2'033 1 ^578 1-.3.54
rsos M42 •954
30 3-043 2-892 2-722 2-535 2-.330 2-106 1-872 1-633 r4(iu riH2 •989^
31 3-146 2-991 2-816 2-624 2-413 2-183 1 -940 1-691 1 1-448 • 1 ^223 1^026
32 3-251 3-093 2-913- 2-717 2-499 2-262 2-010 1-752 1 1-498 r 2 6 5 V064
33 3-3.58- .3-199 3-013 2-812 2-.388 2-313 2•(l^i 1-814 1 -550 1 -309 M02
34 3-468" 3-.307 3-117 2-910 2-680 2-426 2-157 1-878 ; 1-604 1-354 M41
35 3-580 3-^18 3-221 3010 2-774 2-511 2-234 1-941 1-661 1-401 M80
36 3-695 3-5.32 3.33-1 3-113 2-870 2-59-'< 2-313 2-012 1-720 1 •45(J 1-219
37 3814 3-649 3-418 3-220 2-968 2-688 2-394 2-083 1-781 1-.501 1 -259
38 3-936 3-769 3-565 3^330 3-070 2-781 2-478 2^157 1-8-14 1-553 1-300
39 4-062 3-893 3-685 3^414 3-175 2-870. 2-366 2^234 1-909 1-606 1-342
40 4-100 4-019 3-808 .'i-.562 j 3-285 2-982 2'659 -2-315 1-976 1-660 1-385
41 4-320 4-148 3-934 3-684 3-399 3 089 2-757 .2-399 2-Ut-| 1-715 1 -428
42 4-453 4-280 4-063 3-808 1 3-517 3-199 2-857 2--18-, 2-116 1-7 72 1-472
43 4-590 4-115 4-195 3-936 : 3-639 3-313 2960 2-574 2-190- 1-831 Vbll
- 4-4 4-7.30 4-552 4-330 4067 3-765 3>130 3-065 2-665 2-267 1-892 r56l:
45 4875 4-693 4-468 4-202 3-896 3-550 3-172 2-7.59 2 346 1 9.56 roi4
46 5^024 4-838 4-610 4-340 4^031 3673 3-281 2-855 2-428 2-024 1-667
47 5-175 4-984 4-754 4^480 4-168 3-798 3 392 2-953 2-512 2093 1 1-721
48 5-329 5-132 4-900 4^623 : 4^308 3-927 3-507 3-054 2^599 2-164; V776
49 5-485 5-284 5'048 4-771 ; 4^1.".iJ 4-058 3-626 3-1.58 2-688 2-236 ! 1-831
50 5-643 5-438 5-199 1-022 i 4-504 4-194 3-7-19 3-267 2-779 2-311 1-887
51 5-8J5 5-593 • 5-3.52 5-075 4-740 4,3.33 3-876 3-,381 2-873 2-389 • 1-943
52 5-969 5-750 5-507 5-230 1 4-888 1-473 4-005 3-496 2-069 2-466 j 1 -999
53 6135 5-910 5-663 5386 5-038 4-615 4-136 3-611 3-066 2-.543 , 2 0.56
54 6-303 6-072 5-821 5^544 5^190 4-759 4-269 3-727 3-164 2-619 2-113
55 6 474 6'2.36 5-9ea 5-7U4 5-344 4 905 4'404 3-844 3-264 2-694 1 2-170
56 6-647 6-403 6-145 5-862 5-198 , 5-05:4 4^541 3-961 3-363 2-768 1 2-228 .
57 6 821 6-572 6-3(19 6-019 5-652 5-20] 4-680 4-079 3-460 2-841 I 2^284
58 6-997 6-743 6-474 6-176 5-807 5^351 4-820 4-199 3-.V)6 2-914 2 3,39
59 7175 6-915 6-641 6-,333 5-961 :yboi 4-962 4-320 3-650 2987 2 393
60 7355 7-089 6-809 6-491 1 6-115 5-652 5-105 4-442 3-743 3060 2^446
61 • 7-5,36 7-265 6-978 6-651 1 6^268 5-803 5-249 4-566 3-837 3-135 2^498
62 7-718 7-442 7-148 6^812 6^421 5 955 5-395 4-603 3-936 3-211 2^548
63 7-901 7-621 7-319 6-973 6-574 6-iU7 5-543 4-823 4-041 3-288 2^597
64 8-086 7-801 7-490 rl35 6-727 6-2.59 5-693 4-955 4-151 : 3-365 2 644
 175
A.D. 1 9 0 5 .
Ss. 1 & 2,

RAILWAYS.

Ordinance l^o. 90.

[ORDINANCE IV. OF 1905;
1st March, 1906.]
To consolidate the laiv relating to Railways.
1. This Ordinance may be cited as Ordinance No. 90 short title
(Railways), and shall apply to all railways in the Colony, application.
2.—(1) In this Ordinance and in any rules made Jiitevpreta-
thereunder, unless there is something repugnant in the
subject or context
" Railway " means a railway or any portion of a rail-
way for the public carriage of passengers,
animals or goods and includes
(a) all land within the fences or other boun-
dary marks indicating the limits of the
land appurtenant to a railway;
(b) all lines of rails, sidings or branches
worked over for the purjDoses of or in con- ,»
nection with a railway;
(c) all stations, offices, warehouses, wharves,
workshops, manufactories, fixed plant and
machinery, and other works constructed
for the purposes of or in connection with
a railway;
-- (d) all ferries, ships, boats and crafts which
are used for the traffic of a railway and
belong to or are hired or worked by the
authority administering the railway; and
(e) all engines, passenger coaches and goods
and live stock vehicles, or other rolling
stock used for the purpose of carrjdng on
the traffic of the railway;
" Railway Company " includes any person or persons,
whether incorporated or not, who are owners
. or lessees of a railway or parties to an agree-
ment for working a raihvay, but shall not
include the Government of the Federated
Malay States;
176
A.D. 1 9 0 5 .
S. 3.
RAILWAYS.

"Manager" means the person appointed by the

Governor or by the Government of the
Federated Mala}'^' States, or by a raihvay com-
pany, as the case may be, to act as General
Manager or Manager of a railway;
I Assistant Mauagei'" means an Assistant to the
General Manager oi- Manager of a railway;
"Railway servant" includes the Manager, the
Assistant Managers, and all such officers,
servants, agents and other persons as. are
employed to do any act upon a railway;
" The Railway Administration " in the case of a rail-
way administered by the Government of the
Colony or of the 'Federated Malay States
means the Manager and includes the Govern-
ment and also, so long as the railway is iri the
course of construction, the Resident Engineer,
and in the case of a railway administered
by a railway company means the railway
company;
" Railway official " includes all persons employed by
or on behalf of the Railway Administration to
perform any function in connection with a
railway;
" Passengers' luggage" means all such articles as a
passenger takes Avith him for his personal use
or convenience, according to the habits or
wants of the class to which he belongs, with
reference to either the immediate necessities
or the ultimate purpose of the journey, but
does not, except in the case of commercial
travellers, include any articles carried for
purposes of business, trade or profit.
Powers of (2) All duties and powers hereinafter required to be
Managms. performed and exercised by the Manager shall and may
be performed and exercised by an Assistant Manager.
Sanciion by 3.—(1) If the Government of the Colony, or the Govern-
Coimcii°o/° ment of the Federated Malay States, or any company is
rau-way _ dcsirous of coiistructing a railway within the Colony it
construction. ^\^^ dcposit With the Clerk of Councils a scheme for such
railway stating the general direction and terminal points
of the proposed railway, accompanied by a map, and
 177
A.D. 1 9 0 5 .
S .4.-
RAILWAYS.

thereupon the-Governor in Council, after making such

inquiries, as he thinks fit, may reject or provisionally
approve the scheme. 1^/U
(2) In case the Governor in Council provisionally ^
approves the scheme the provisions of sections 8-, 1 and ,^Ji 4^^
40 of Ordinaiiue No. 10 (Acquioition of Land) shall be ^^.j^'/^^'
applicable to the lands likely to be needed for the purposes ^^/^'^ /^ ^^
of such railway.
4.—(1) After any railway has been provisionally Deposit and
approved under section 3, the Government or the railway pian3,Iectioii3,
company, as the case may be, shall deposit for public etc
inspection in the Settlement in which the railway is pro-
posed to be constructed, that is to say, in the office of the
Surveyor-General at Singapore or in the office of the
Collector of Land Revenue at Penang or Malacca,
(«) plans and sections upon a scale of at least four
chains to an inch, showing the lines and levels
of such part of the proposed railway and the
limits of deviation;
(i) if any alteration is intended in the water-
level of any canal, or in the level or rate
of inclination of any public carriage road
or railway which will be crossed by the
railway, then the same shall be stated on
the section, and each alteration shall be
•* numbered, and cross-sections in reference
to the numbers on a horizontal scale of not
less than one inch to every two hundred
feet, and on a vertical scale of not less
than one inch to every twenty feet, shall
be added, which shall show the present
surface of such road, canal or railway
and the intended surface thereof, when
altered; and the greatest of the present
and intended rates of inclination of the
portion of such road or railway intended
to be altered shall also be marked in
figures thereon, and where any public
carriage road is crossed on the level a
cross-section of such road shall also be
added, and all such cross-sections shall
extend for two hundred yards on each
side of the centre line of the railway;
Vol. I I . 12
178
A.D. 1 9 0 5 .
S. 4.
RAILWAYS.

(ii) wherever the line of the railway is

intended to cross any public carriage road,
navigable river, canal or railway, the
height of the railway over or depth under
the surface thereof and the height and
span of every arch of all bridges and
viaducts by which the railway will be
carried over the same shall be marked in
figures at every crossing thereof, and
where the railway will be carried across
any such public carriage road or railway
on the level thereof, such crossing shall be
so described on the section, and it shall also
be stated if such level will be unaltered;
(iii) if it is intended to divert, widen or
narrow any public carriage road, navigable
river, canal or railway, the course of such
diversion and the extent of such widening
or narrowing shall be marked on the plan;
(iv) if it is intended to lay any part of the
railway along a road or. street the plan
shall show at what distance from an
imaginary line drawn along the centre of
such road or street it is proposed to lay
the rails, and the widths of such road or
street shall at all material points be clearly
marked in figures on the plan;
(b) a book of reference containing the names of the
owners and lessees or reputed owners and
lessees of the lands required or which may
be taken for the purposes of this Ordinance in
respect of such part.
(2) Notice shall be given of the deposit of such plans
and books of reference by advertisement in the Gazette
and in not less than two local newspapers, calling on all
persons having any objection to the said plans and books
of reference to send in a statement of their objection in
writing to the Collector of Land Revenue within three
months from the date of such notice.
(3) Such notice shall be published in at least three
successive issues of the Gazette and of the said news-
papers.
 179
A.D. 1 9 0 5 .
Ss. 5 & 6. •
RAILWAYS.

(4) At the expiration of the said period of three

months the said plans and sections shall be laid on the
table of the Legislative Council, together with the objec-
tions thereto, and shall be considered and approved or
amended by the Legislative Council in Committee.
(5) The said plans and "sections, if approved or
amended by the said Council, shall be deemed to be the
deposited plans referred to in this Ordinance.

5.—(1) Any railway constructed under this Ordin- Eaiiwaytobe

ance shall be made and maintained in the lines and "cording to
according to the levels shown on the deposited plans v^^^^-
and sections, with all proper bridges, viaducts, stations,
sidings, approaches, junctions, roads, buildings, yards,
works and conveniences connected therewith and in-
cidental thereto.
(2) The railway administration may deviate from the Deviation.
line of railway shown on the deposited plans, provided
that no such deviation shall extend beyond the limits of
deviation shown on the said plans.

6.—(1) Such of the lands shown on such plans and Private land
book of reference as are required for the purposes of squired for
such railway shall be deemed to be land required for a the railway.
public purpose within the meaningof 0i diiiauce No. 49 j^/i-t
(xioquioition of Land). ^ ^ - ^ r ^ ^ A . ^ ^ ^ ^ ^
(2) Proceedings under the said Ordinance shall be
taken separately in respect of each holding mentioned in _
the book of referenc| ^ ^ ^ ^ ^ /t^ /U-^ ^""V- O^i^ ^ ^
(3) Sections iT.'lCff'lO and 50 uf OidinanuB Nu. 49-
(Acquisition of Land) shall not apply to any lands shown
on such plans and book of reference and required for the
purposes of the railway.
(4) The Government shall, before putting into force
sections 5 to ^ of the said Ordinance in order to acquire ^^
land for any railway company, require the railway
company to enter into an agreement with His Majesty
providing to the satisfaction of the Governor in Council
for the following matters :—
(a) the payment to Government of the cost of the
acquisition, including the cost of any land
Vol. II. • 12A
 180
A.D. 1 9 0 5 .
S. 7.
RAILWAYS.

which the Government may agree to sell to the

railway company;
(b) the transfer on such payment of the land to the
railway company;
(c) the terms on which the land shall be held by the
railway company; and
(d) the time within which and the conditions on
which the work shall be executed and
maintained.

Chapter I.
. CONSTRUCTION AND WORKS.
Authority of
railway
7,—(1) Subject to this Ordinance, and subject also as
administra- regards the parties thereto to the provisions of any con-
tion to
execute all
tract entered into between a railway administration and
necessary the owners or occupiers of, or other parties interested in
work. any lands taken or used for the purposes of .a railway,
and subject also in the case of a company to the pro-
visions of any contract between the Government and the
company, the railway administration may, for the
purpose of constructing the railway or the accommoda-
tion or other works connected therewith and notwith-
standing anything in any other Ordinance for the time
being in force,
(a) make or construct in, upon, across, under or over
any lands or any streets, hills, valleys, roads,
railways or tramways, or any rivers, canals,
brooks, streams or other waters, or any drains,
water-pipes, gas-pipes, electric wires or posts,
such temporary or permanent inclined planes,
arches^ tunnels, culverts, embankments, aque-
ducts, bridges, roads, lines of railway, ways,
passages, conduits, drains, piers, abutments,
cuttings and fences as the railway adminis-
tration thinks proper;
(b) alter the course of any rivers, brooks, streams or
watercourses for the purpose of constructing
and maintaining tunnels, bridges, passages
or other works over or under them; and divert
 181
A.D. 1 9 0 5 .
S. 8.
RAILWAYS.

or alter, as well temporarily as permanently,

the course of any rivers, brooks, streams or
watercourses or any roads, streets or ways;
or raise or sink the level thereof in order the
more conveniently to carry them over or under
or by the side of the railway as the railway
administration thinks proper;
(c) make drains or conduits into, through or under
any lands adjoining the railway for the pur-
pose of conveying water from or to the rail-
way;
(d) erect and construct such houses, warehouses,
offices and other buildings and such yards,
stations, wharves, engines, machinery, appa-
ratus and other works and conveniences as the
railway administration thinks proper;
(e) alter, repair or discontinue such buildings, works
and conveniences as aforesaid or any of them
and substitute others in their stead; and
(/) do all other acts necessary for making, maintain-
ing, altering or repairing and using the rail-
way.
(2) The exercise of the powers conferred on the rail-
way administration by this section shall be subject to
the control of the Governor in Council.

8.—(1) A railway administration shall not construct on Greets, bays,

the shore of the sea or of any creek, bay, arm of the sea or ^™°^ ^^^
navigable river communicating therewith, where and so navigable
far up the same as the tide flows and reflows, any work "^*''^-
or construct any railway or bridge across any creek, bay,
arm of the sea or navigable river where and so far up the
same as the tide flows and reflows, without the previous
consent in writing of the Governor in Council, and then
only according to such plan as the Governor in Council
approves.
(2) When such work, railway or bridge has been con-
structed the railway administration shall not alter or ex-
tend the same without obtaining, before making any such
alteration or extension, the like consent and approval.
(3) If any such work, railway or bridge is commenced
or completed contrary to this section, the Colonial
182
A.D. 1 9 0 5 .
Ss. 9 & 10.
RAILWAYS.

Engineer, with the approval of the Governor in Council,

may abate and remove the same and may restore the site
thereof to its former condition at the costs and charges
of the said railway administration.

Alteration of g A railway administration may, for the purpose of

S d r l T exercising the powers conferred upon it by this Ordin-
ance, alter the position of any pipe for the supply of
gas, water or compressed air, or the position of any
electric wire or of any drain not being a main drain :
Provided that
(a) when the railway administration desires to alter
the position of any such pipe, wire or drain
it shall give reasonable notice of its intention
to do so and of the time at which it will begin
to do so to the local authority or company
having control over the pipe, wire or drain;
or when the pipe, wire or drain is not under
the control of a local., authority or company
to the person under whose control the pipe
wire or drain is;
(b) a local authority, company or person receiving
notice under proviso (a) may send a person
to superintend the work, and the railway
administration shall execute the work to the
reasonable satisfaction of the person so sent
• and shall make arrangements for continuing
during the execution of the work the supply
of gas, water, compressed air or electricity
or the maintenance of the drainage, as the
case may be.

Temporary 10.—(1) The Governor in Council may authorize a

entry upon
land for railway administration, in case of any slip or other
repairing or
preventing
accident happening or being apprehended to any cutting,
accident. embankment or other work under the control of the rail-
way administration, to enter upon any lands adjoining
its railway for the purpose of repairing or preventing
the accident and to do all such works as are necessary
for the purpose.
Eeport to (2) In case of necessity a railway administration may
Governor in
Council. enter upon the lands and do the works aforesaid without
having the previous sanction of the Governor in Council,
 183
A.D. 1 9 0 5 .
Ss. 11-13.
RAILWAYS.

but in such a case shall, within seventy-two hours after

such_ entry, make a report to the Governor in Council,
specifying the nature of the accident or apprehended
accident and of the works necessary to be done.
(3) The power conferred on the railway administration
by subsection (2) shall cease and determine if the Gover-
nor in Council, after considering the report, considers
that the.exercise of the power is not necessary for the
public safety.
11.—(1) A railway administration shall do as little Compensation
damage as possible in the exercise of the powers conferred for^i^X'^'
by sections 7, 9 and 10, and compensation shall be paid taken or
for any damage caused by the exercise thereof. aXoteT^^
(2) An action shall not lie to recover such compen-
sation, but in case of dispute the amount thereof shall,
on application to the Collector of Land Revenue of the
Settlement, be determined and paid in accordance as far
as may be with the procedure prescribed by sections ft *»,-g—7rr^
'^ to-iS'and by sections^W'to 4 0 j ^ t h incluai'vc, of O ^ c t i T ^ ^ ^
nanoo No. 10 (Acquioitirotrof-La-nd-yr and the provisions % uS^
of sections 57 and 58 of that Ordinance shall apply to (^*~n'^^
the award of compensation.
1 2 . Nothing in this Ordinance shall prevent the Purchase of
acquisition of lands for the purposes of a railway by Jo^penfation
agreement between the Government or the company, as by agreement
the case may be, and the owners of such lands, or the
settling by agreement of the amount of compensation to
be paid in respect of lands injuriously affected by the
exercise of the powers conferred by this Ordinance.
13.—(1) Every railway administration shall make and Accommoda-
maintain the following works for the accommodation of ''"^ ^°^^'"
the owners and occupiers of lands adjoining the rail-
way : —
(a) such and so many convenient crossings, bridges,
arches, culverts and passages over, under or
by the sides of or leading to or from the rail-
way as are in the opinion of the Governor
in Council necessary for the purpose of
making good any interruptions caused by the
railway to the use of the lands through which
the railway is made; and
184
A.D. 1 9 0 5 .
S. 18.
RAILWAYS.

(b) all necessary • arches, tunnels, culverts, drains,

watercourses or other passages over or under
or by the sides of the railway of such dimen-
sions as will, in the opinion of the Governor
in Council, be sufficient a>t all times to convey
water as freely from or to the lands lying near
or by the railway as before the making of the
railway or as nearly so as may be.
(2) Subject to the other provisions of this Ordinance,
the works specified in subsection (1), (a) and (b) shall be
made during or immediately after the laying out or
formation of the railway over the lands traversed thereby,
and in such manner as to cause as little damage or in-
convenience as possible to persons interested in the lands
or affected by the works.
Provisos, (3) The foregoing provisions of this section are subject
to the following provisos :—
(a) a railway administration shall not be required
to make any accommodation works in such a
manner as would prevent or obstruct the
working or using of the railway, or to make
any accommodation works with respect to
which the owners and occupiers of the land
have agreed to receive and have been paid
compensation in consideration of their not
requiring the works to be made;
(b) save as hereinafter in this Ordinance provided,
a railway administration shall not be com-
pelled to defray the cost of executing any
further or additional accommodation works
for the use of the owners or occupiers of the
lands after the expiration of ten years from
the date on which the railway passing through
the lands was first opened for public traffic;
(c) where a railway administration has provided
suitable accommodation for the crossing of a
road or stream, and the road or stream is
afterwards diverted by the act or neglect of
the person having the control thereof, the
railway administration shall not be compelled
to provide other accommodation for the cross-
ing of the road or stream.
 185
A.D. 1 9 0 5 .
Ss. 14 & 16.
RAILWAYS.

(4) The Governor in Council may appoint a time for

the commencement of any work to be executed under sub-
section (i), and if for fourteen days next after that time
the railway administration fails to commence the work,
or having commenced it fails to proceed diligently to
execute it in a sufficient manner, the Governor in Council
may execute it and recover from the railway adminis-
tration the cost incurred by him in the execution thereof.

1 4 . If an owner or occupier of any land affected by Power for

any railway considers the works made under section 13 ''™®';'.
to be insufficient for the commodious use of the land, or locai
.if a local authority desires to construct a public road or ""thonty to
1 1 -1 •! 1 • cause
other work across, under or over the railway, he or it, additional
as the case may be, may at any time require the railway tfo^n^orifg^io
administration to make at his or its expense such further te made.
accommodation works as he or it thinks necessary and
are agreed to by the railway administration or as, in
case of difference of opinion, are authorized by the
Governor in Council. •
15.—(1) The Governor in Council may require that Fences,
within a time to be specified in the requisition or within 'nrbare^'''^^
such further time as he appoints in this behalf
(a) boundary marks or fences shall be provided or
renewed by the railway administration for the
railway or any part thereof and for roads
constructed in connection therewith;
(&) any works in the nature of a screen near to or
adjoining the side of any public road con-
structed before the making of the railway shall
be provided or renewed by the railway adminis-
tration for the purpose of preventing danger
to passengers on the road by reason of horses
or other animals being frightened by the sight
or noise of the rolling stock moving on the
railway;
(c) suitable gates, chains, bars, stiles or hand-rails
shall be erected or renewed by the railway
administration at places where the railway
crosses a public road on the level;
(d) persons shall be employed by the railway adminis-
tration to open and shut such gates, chains
or bars.
186
A.D. 1 9 0 5 .
Ss. 16 & 17.
RAILWAYS.

Penalty (2) Any railway company which fails to comply with

any requisition made under this section shall forfeit to
the Government one hundred dollars for every day after
the first during which such default continues.
Over and • ^g.—(1) Where the railway administration has con-
underbridges. gj.j,^p(.g(j ^-j^g railway across a public road on the level the
Governor in Council may a t any time, if it appears to
him necessary for the public safety, require the railway
administration within such time as he thinks fit to carry
the road either under or over the railway by means of a
bridge or arch with convenient ascents and descents and
other convenient approaches instead of crossing the road
on the level, or to execute such other works as in the
circumstances of the case appear to the Governor in
Council to be best adapted for removing or diminishing
the danger arising from the level crossing.
(2) The Governor in Council may require as a con-
dition of making a requisition under sub-section (1) t h a t
• the local authority, if any, which maintains the road
shall undertake to pay the whole of the cost to the rail-
Avay administration of complying with the requisition or
such portion of the cost as the Governor in Council thinks
just.
Level 17.—(1) Where a railway crosses any public carriage
pubuo^^"''" road on a level, the railway administration shall erect
carriage-ways, and at all timcs maintain good and sufficient gates across
the railway on each side of such road where the same
communicates with the railway, and shall employ proper
persons to open and shut such gates.
(2) Such gates shall be kept constantly closed across
such railway except when engines or carriages passing
along the railway have occasion to cross such road, and
the person entrusted with the care of such gates shall
cause the same to be closed, as soon as such engines or
carriages have passed through the same, under penalty
of any sum not exceeding fifty dollars for every default
therein.
(3) The Governor in Council may in any case order
that any of such gates may be kept closed against the
road instead of against the railway.
(4) The Governor in Council may impose any con-
ditions with regard to such order.
 187
A.D. 1 9 0 5
Ss. 18 & 19.
RAILWAYS.

(4) Any railway company which fails to erect or main- Penalty.

tain sufficient gates in accordance with this section at any
level crossing, or fails to employ a proper person to open
and shut such gates shall forfeit to the Government one
hundred dollars for every day during which such default
continues.
18.—(1) If a railway crosses any highway other than Level
a public carriage way on the level, the railway adminis- ove?mfbUc
tration shall make where necessary, and at all times roads other
maintain, convenient ascents and descents and other ^^^y^'^^^'''^^^^
convenient approaches with handrails or other fences,
and shall, if such highway is a bridleway, erect if neces-
sary, and at all times maintain, good and sufficient gates
or chains, and, if the same is a footway, good and suffi- '
cient gates or stiles on each side of the railway where the
highway communicates therewith.
(2) The Manager shall be judge of the necessity in the
ca.se of a railway administered by the Government, and
the Colonial Engineer or a Deputy Colonial Engineer
in the case of a railway administered by a company.
(3) Any railway company which fails to comply with Penalty.
this section shall forfeit to the Government one hundred
dollars for every day during which the default continues.

19.—(1) I n either of the following cases :— Removal of

(a) where there is danger t h a t a tree standing near da^ngerous
a railway may fall on the railway so as to '^g°j,yj,j.;jj„
o b s t r u c t traffic ; the -working
(b) when a tree obstructs' the view of any fixed of a railway
signal;
the railway administration may, with the permission of
any Police Court, fell the tree or deal with it in such other
manner as will, in the opinion of thS railway adminis-
tration, avert the danger or remove the obstruction, as the
case may be.
(2) In case of emergency the power mentioned in sub-
section (1) may be exercised by the railway administra-
tion without the permission of a Police Court.
(3) Where a tree felled or otherwise dealt with under
subsection (1) or subsection (2) was in existence before
the railway was constructed or the signal was fixed, any
Police Court may, upon the application of the persons
 188
A.D. 1 9 0 5 .
Ss. 20-22.
R AIL WAYS-

interested in the tree, award to those persons such com-

pensation as it thinks reasonable.
(4) Such an award, subject to an appeal to the Supreme
Court, shall be final.
(5) A Civil Court shall not entertain a suit to recover
compensation for any tree felled or otherwise dealt with
under this section.
Notice to be 20-—(1) In the event of the owner or occupier of any
owner o^r land felling or clearing any trees or jungle adjacent to
"•md^eliin^ the railway or to any telegraphs or telephones erected
clearingTfy"^ thereou, such owner or occupier shall give to the railway
ad^-'acentT®''^ administration seven days' previous notice in writing of
railway. his intcntiou so to do and shall take all such reasonable
precautions as the railway administration requires for
the protection of the railway or of any telegraphs or
telephones erected thereon.
(2) In the event of any such owner or occupier causing
damage to the railway or to any telegraphs or telephones
erected thereon, the amount of any such damage shall, in
default of agreement, be recoverable in a summary manner
before a Police Court.
(3) If any such claim exceeds five hundred dollars,
proceedings shall be taken before the Supreme Court.

Chapter II.
OPENING OF THE RAILWAY.
Right to use 21.—(1) A railway administration may, with the
locomotives.
previous sanction of the Governor in Council, use upon a
railway locomotive engines or other motive power and
rolling-stock to be drawn or propelled thereby.
(2) Rolling-stock shall not be moved- upon a railway
by steam or other jnotive power until such general rules
for the railway as are deemed necessary have been made,
sanctioned and published under this Ordinance.
Notice of
intended
22.—(1) Subject to subsection (2) a railway adminis-
opening of a tration shall one month at least before it intends to open
railway. any railway for the public carriage of passengers give to
the Governor in Council notice in writing of its intention.
(2) The Governor in Council may in any case, if he
thinks fit, reduce the period of or dispense with the notice
mentioned in subsection (1).
 189
A.D. 1 9 0 5 .
Ss. 23 & 24.
RAILWAYS

23.—(1) No railway shall be opened for the public Sanction of ^

carriage of passengers until the Governor in Council has coundUo'"
by order sanctioned the opening thereof for that purpose, opening of^
railway.
(2) The sanction of the Governor in Council shall not
be given until an engineer, to be appointed by the Gover-
nor, has, after inspection of the railway, reported in
writing to the Governor in Council that
(a) he has made a careful inspection of the railway
and rolling-stock;
(&) the weight of rails, strength of bridges, general
structural character of the works, and the size
of and maximum gross load upon the axles
of any rolling-stock are such as have been
prescribed by the Governor in Council;
(c) the railway is sufficiently supplied with rolling-
stock ;
(d) in his opinion the railway can be opened for the
public carriage of passengers without danger
to the public using it.
(3) The provisions of this section shall extend to the
opening of any additional works forming part of or
directly connected with the railway which have been con-
structed after the inspection which preceded the first
opening of the railway, and also to any alteration or
reconstruction materially affecting the structural char-
acter of any work to which this section applies.
(4) The Governor in Council may make rules defining
the cases in which, and in those cases the extent to which,
the procedure prescribed in this section may be dispensed
with in regard to the classes of works specified in sub-
section (3).
2 4 . When an accident has occurred, resulting in a Re-opening
temporary suspension of traffic, a'nd feither the original t^poraTy
line and works have been rapidly restored to their suspension
original standard or a temporary diversion has been laid "* ^'^^^'^'
for the purpose of restoring communication, the original
line and works so restored or the temporary diversion, as
the case may be, inay be opened for the public carriage
of passengers subject to the following conditions :—
(a) that the railway servant in charge of the works
undertaken by reason of the accident has
certified in writing that the opening of the
 190
A.D. 1 9 0 5 .
Ss. 25-28.
RAILWAYS.

restored line and works or of the temporary

diversion will not, in his opinion, be attended
with danger to the public using of the line
and works or the diversion; and
(i) that notice by telegraph of the opening of the
line and works or the diversion shall be sent,
as soon as may be, to the Colonial Secretary.
Inspection. 2 5 . After any railway has been opened the railway
and the rolling-stock used thereon shall be inspected by
an engineer to be appointed by the Governor at such
intervals as the Governor in Council directs.
Power to
close the 26.—(1) If at any time after inspecting a railway or
railway when a.uy rolliug-stock uscd thcreou the engineer is of opinion
opened. ^j^^^^ ^j^g, ^g^ ^ ^ ^ j ^ ^ r a i l w a y o r of a n y specified rolling-
stock will be attended with danger to the public using it,
he shall state that opinion, together with the grounds
thereof, to the Governor in Council.
(2) The Governor in Council may thereupon order that
the railway shall be closed for the public carriage of
passengers, or that the use of the rolling-stock so specified
shall be discontinued, or that the railway or the rolling-
stock so specified'shall be used for the public carriage
of passengers on such conditions only as the Governor in
Council considers necessary for the safety of the public.
(3) An order under sub-section (2) must set forth the
grounds on which it is founded.
Re-opening
the railway 27.—(1) When at any time a railway has been closed
when closed. under section 26 it shall not be re-opened for the public
carriage of passengers until it has been inspected and
its re-opening sanctioned in accordance with this Ordin-
ance.
(2) When the Governor in Council has ordered under
section 26 that the use of any specified rolling-stock shall
be discontinued, that rolling-stock shall not be used until
the engineer has reported that it is fit for use and the
Governor in Council has sanctioned its use.
Mutravention ^^* ^^^ railway compauy which acts in contravention
of proTi^LM" of any of the provisions of this Chapter shall forfeit to
of this
Chapter.
the Government the sum of two hundred dollars for every
day during which such contravention continues.
 191
A.D. 1 9 0 5 .
Ss. 29-32.
RAILWAYS.

Chapter III.
TRAFFIC.
2 9 . A railway administration- shall, according to its Duty of
powers, afford all reasonable facilities for the receiving, admini^tra-
forwarding a n d delivering of traffic upon a n d from the t'°° "^ *°
several railways belonging to or worked by it. facilities.
3 0 . A railway administration having or working rail- Facilities to
be given for
ways which form a continuous line of railway communi- forwarding
cation, or having its terminus or stations within one traffic by
connected
mile of the terminus or stations of another railway railways.
administration, shall afford all due and reasonable facili-
ties for receiving and forwarding by one of such railwg,ys
all the traffic arriving by the others at such terminus or
stations without any unreasonable delay and without any
such preference or advantage or prejudice or disadvan-
tage as aforesaid, and so that no obstruction may be
offered to the public desirous of using such railways as a
continuous line of communication, and so that all reason-
able accommodation may by means of such railway be at
all times afforded to the public in that behalf.
31.—(1) A railway administration shall not make or pj.°f"°^?nTe to •
give any undue or unreasonable preference or advantage be given.
to or in favour of any particular person or any par-
ticular description of traffic in any respect whatsoever or
subject any particular person or any particular descrip-
tion of traffic to any undue or unreasonable prejudice or
disadvantage in any respect whatsoever.
(2) A railway administration may charge reasonable Terminals.
terminals.
(3) T h e expression " terminals " includes charges in
respect of stations, sidings, wharves, depots, warehouses,
cranes a n d other similar matters a n d of a n y services
rendered thereat.
32.—(1) W h e r e complaint is made to the Governor in Proc^eedings
Council of a n y t h i n g done by a railway administration in Complaint is
contravention of sections 29, 30 or 31, the Governor in ^^^^^^°^^^
Council may, if he thinks fit, refer the case to the se^ctions
Supreme Court for decision. ^9, so and 31.
(2) T h e case shall be heard by a J u d g e of the Supreme
Court to be assigned by the Chief Justice for the
purpose.
 192
A.D. 1 9 0 5 .
Ss. 33-35.
RAILWAYS.

(3) In hearing any such case such Judge shall have all
the powers which may be exercised by a Judge in the
hearing of an ordinary civil suit, and may permit any
party to appear before him either personally or by
Advocate and Solicitor.
(4) Any decree or order made on such hearing may be
enforced in the same way as a decree or order granted by
the Supreme Court in its ordinary jurisdiction.
(5) Any person aggrieved by such decree or order may-
appeal therefrom to the Court of Appeal.
Proof of
undue
33.—(1) Whenever it is shown that a railway adminis-
preference. tration charges one trader or class of traders or the
traders of any local area lower rates for the same or
similar animals or goods, or lower rates for the same or
similar service than it charges to other traders or classes
of traders or to the traders of another local area, the
burden of proving that such lower charge does not
amount to undue preference, shall lie on the railway
administration.
(2) In deciding whether a lower charge does or does
not amount to an undue preference the Court may, so
far as it thinks reasonable, in addition to any other con-
ditions affecting the case, take into consideration Avhether
such lower charge is necessary for the purpose of secur-
ing in the interests of the Dublic the traffic in respect of
which it is made.
Returns.
34.—(1) Every railway company shall, in forms to be
approved by the Governor in Council, prepare half-yearly, .
or at such intervals as the Governor in Council prescribes,
such returns of its capital and revenue transactions and
its traffic as the Governor in Council requires, and shall
forward a copy of such returns to the Governor in
Council at such times as he directs.
Penalty.
(2) Any railway company which fails to comply with
this section shall forfeit to the Government the sum of
fifty_ dollars for every day during which the default
continues after the fourteenth day from the date pre-
scribed for the submission of the return.
utt7rl'.'"°*'" 3 5 . A railway administration may carry letters on
railway service or letters containing invoices or railway
receipts for traders.
 193
A.D. 1 9 0 5 .
Ss. 36-38.
RAILWAYS.

Chapter IV.
RATES.
3 6 . Notwithstanding anything to the contrary in any Taxation of
Ordinance or in any agreement or award based on any Zf^'^^^^
Ordinance, the following rules shall regulate the levy of authorities.
rates in respect of the railway and from the railway
administration in aid of the funds of local authorities :—
(a) the rates payable by the railway administration
of the Federated Malay States to Municipal
Commissioners or to any other local authority
shall not exceed such amount as is fixed by
order of the Governor in Council on the appli-
cation of the Municipal Commissioners or
other local authority, or of the railway
administration;
(b) nothing in this section is to be construed as
debarring the railway administration from'
entering into a contract with any local
authority for the supply of water or light or
for the scavenging of railway premises, or for
any other service which the local authority
may be rendering or be prepared to render
within any part of the local area under its
control.
Chapter V.
LEGAL PROCEEDINGS.
37.—(1) In the case of a railway administered by the fgg\'°°t%hg
Government of the Colony or of the Federated Malay railway
States all actions and suits which, if the railway were ;f^^_^"i^'|™"
the property of a company under Ordinance No. 155 brought.
(Companies) having its registered office in the Colony
.. might be. brought by and against such company, may be
• brought'by and against the Manager. *- ^ S -
(2) For the purpose of all such actions and suits the
lands, buildings, rolling-stock, and other property apper-
taining to the said railway shall be deemed to be the
property of the Manager.
38.—(1) None of the rolling-stock, machinery, plant. Restriction on
tools, fittings, materials or effects used or provided by a against™
railway administration for the purpose of the traffic on raiiwav
Vol. II. 13 ^™'"'^'
 194
A.D. 1 9 0 5 .
Ss. 39-11.
RAILWAYS.

its railway, or of Its stations or workshops, shall be liable

to be taken in execution of any decree or order of any
Court or of any local authority or person having by law
power to attach or distrain property, or otherwise to cause
property to be taken in execution.
(2) Nothing in subsection (1) shall be construed as
affecting the authority of any Court to attach the earn-
ings of a railway in execution of a judgment or order.
Service of 39.—(1) Any summons, notice, order or other docu-
summonses,
notices, etc. ment required to be served upon the Manager or upon
the Company, as the case may be, may be served by leaving
the same or sending it through the post by a registered
letter addressed to the said Manager or to the company, as
• the case may be, at the principal office of the railway
administration.
(2) Where a summons, notice, order or other docu-
ment is served by post it shall be deemed to have been
served at the time when the letter containing it would be
delivered in the ordinary course of post, and in proving
such service it shall be sufficient to prove that the letter
containing the summons, notice, order or other document
was properly addressed and registered.
Provisions as 40.—(1) Evcry railway servant shall be deemed to be a
servanr^ public scrvaut foT the purpose of Chapter IX. of the
Penal Code.
(2) In the definition of " legal remuneration" in
section 161 of that Code the word " Government" shall
for the purpose of subsection (1) be deemed to include a
railway administration.
(3) Notwithstanding anything in section 21 of the
Penal Code a railway servant shall not be deemed to be a
public servant for any of the purposes of that Code
except those mentk)ned in subs^jtioi

vtl^
RESPONSIBILITY OF A
RAILWAY ADMINISTRATION AS CARRIERS.
Liability for 4 1 . The railway administration shall in no case be
In'reTpectof' ^^^^^^ ^<^^ loss or iujury to any articles or goods to be
—-'-
s'oodB. carried by the railway unless such loss or injury has
 195
A.D. 1 9 0 5 .
Ss. 42 & 43,
RAILWAYS.

been caused by negligence or misconduct on the part of its

agents or servants, and unless the articles or goods in
respect of which compensation is claimed have been
booked and paid for in conformity with this Ordinance
or the rules and regulations made thereunder.
42.—(1) The responsibility of a railway administra- Provision as
tion for the loss, destruction or deterioration of animals respect to^™
delivered to the administration to be carried on the rail- carriage of
way shall not in any case exceed in the case of horses anhnak.
three hundred and fifty dollars a head, or in the case of
mules, donkeys or horned cattle one hundred dollars a
head, or in the case of sheep, goats, dogs or other animals
twenty dollars a head unless the person sending or
delivering them to the administration caused them to be
declared, or declared them at the time of their delivery
for carriage by railway to be respectively of higher value.
(2) Where such higher value has been declared the
railway administration may charge in respect of the
increased risk a percentage upon the excess of the value so
declared over the respective sums aforesaid.
(3) The railway administration shall not under any
circumstances be liable for the loss, destruction or
deterioration of any animal if such loss, destruction or
deterioration is due to fright or restiveness not caused
by negligence or misconduct on the part of any railway
official, nor for any loss or damage arising from delay in
the conveyance of any animal not caused by such negli-
gence or misconduct as aforesaid.
43.—(1) The railway administration shall not be liable Liabiuty in
for the loss, destruction or detorioration of any traction veWdes!
engine, motor car or other vehicle delivered to it to be
carried on the railway unless such vehicle has been
delivered into the custody of a railway clerk or station
master and a written acknowledgment of the receipt by
the railway administration of such vehicle has been
obtained.
(2) The responsibility of the railway administration
for the loss, destruction or deterioration of traction
engines, motor cars and other vehicles delivered into the
custody of a railway clerk or station master to be carried
on the railway and in respect whereof such written
acknowledgment as is referred to in subsection (1) has
Vol. II. 13A
196
A.D. 1 9 0 5 .
S. 44.

RAILWAYS.

been obtained shall not extend to the payment, in respect

of any one vehicle, of any sum in excess of the following
limits :—
in the case of a traction engine or motor
car of a kind not herein otherwise $
specifically referred to ... ... 200
in the case of a coach, carriage, ghari or
omnibus 100
in the case of a motor-bicycle or motor-
tricycle ... ... 50
in the case of any other vehicle ... ... 10
except where the person delivering or causing delivery
of a vehicle into the custody of a railway clerk or station
master declared it in writing or caused it to be declared
in writing at the time of such delivery to be of a value
exceeding the limit hereinbefore ]3rescribed in respect of
such vehicle and paid by way of compensation for in-
creased risk a sum, in addition to the prescribed charge
for carriage by railway, equal to one per centum upon
the excess of the value so declared over the limit herein-
before prescribed.
(3) In this section the expressions "traction engine"
and " motor car " have the meanings assigned to them
respectively in Ordinance No. 129 (Traction Engines and
Motor Cars), and the term " vehicle " includes, in addi-
tion to the vehicles mentioned in subsection (2), carts,
wagons, vans, lorries, jinrikishas, bicycles, tricycles, hand-
carts and other vehicles used or intended to be used for
the conveyance of persons or goods.
to"pas3enger»' 44.—(1) The railway administration shall not be
lagijage. respousiWe for the loss," destruction or deterioration of
any passengers' luggage unless it has been delivered into
the custody of a railway official.
(2) The responsibility of the railway administration
for the loss, destruction or deterioration of passengers'
luggage delivered into the custody of a railway, official
shall not, unless such luggage has been registered under
any system for the registration of passengers' luggage in
force under section 57, extend to the payment, in'i'espect
of any one package and its contents, of any sum in excess
of the following limits :—
in the case of lugg-age of a passenger duly
furnished with a ticket for a carriage |
of the 1st class '... 50
 197
A.D. 1 9 0 5 .
Ss. 45 & 46.
RAILWAYS.

in the case of luggage of a passenger duly

furnished with a ticket for a carriage ?
of the 2nd class 30
in the case of luggage of a passenger duly
furnished with a ticket for a carriage
of any class inferior to the 2nd class 20
45.—(1) When any articles mentioned in the schedule Liability as
are contained in any parcel or package delivered to a to articles of
.-, -. . . • n • 1 •-! 1 1 special value.
raihvay administration tor carriage by railway and the
value of such articles in the jmrcel or j^ackage exceeds
one hundred dollars, the railwa}^ administration shall not
be responsible beyond that sum for the loss, destruction
or deterioration of the parcel or package unless the person
sending or delivering the parcel or package to the railway
administration caused its value and contents to be
declared or declared them at the time of the delivery of
the parcel or package for carriage by railway, and if so
required by the railway administration paid or engaged
to pay a percentage on the value so declared by way of
compensation for increased risk.
(2) When any parcel or package of which the value has
been declared under subsection (1) has been lost or
destroyed or has deteriorated, the compensation recover-
able in respect of such loss, destruction or deterioration
shall not exceed the value so declared, and the burden of
proving the value so declared to have been the true value
shall, notwithstanding anything in the declaration, lie on
the person claiming the compensation.
(3) A railway administration may make it a condition
of carrying a parcel declared to contain any article men-
tioned in the schedule that the railway servant authorized
in this behalf has been satisfied by examination or other-
wise that the parcel actually contains the article declared
to be therein.
(4) The foregoing provisions of this section shall not
apply to any parcel carried by the railway for any postal
authority.
46.—(1) When a railway administration contracts to Liability in
carry passengers, animals, luggage or goods partlv by jjj^^,°/f,
railway and partly by sea, a condition exempting the booking by
railway administration from responsibility for anv loss ••*''''"'' '™'-
of life, personal injury, or loss of or damage to animals.
 198
A.D. 1 9 0 5 .
S. 47.
RAILWAYS.

luggage or goods which happens during the carriage

by sea from the act of God, the King's enemies, fire, acci-
dents from machinery, boilers and steam, and all and every
other dangers and accidents of the seas, rivers and naviga-
tion of whatever nature and kind soever shall, without
being expressed, be deemed to be part of the contract.
(2) Subject to the said condition, the railway adminis
tration shall, irrespective of the nationality or ownership
of the ship used for the carriage by sea, be responsible
for any loss of life, personal injury, or loss of or damage
to animals, luggage or goods which, without its actual
fault or privitj^ happens during the carriage by sea,
^vhether from improper navigation or management of tlie
ship or otherwise, to the following extent only :—
(a) in respect of loss of life or personal injury to any
passenger, either alone or together with loss
of or damage to animals, luggage or goods,
the railway administration shall not be liable
to damages beyond an aggregate amount not
exceeding one hundred and twenty-five dollars
for each ton of the vessel used for the carriage
by sea;
(b) ill respect of loss of or damage to any animals,
luggage or goods, Avhether there is in addition
loss of life or personal injury or not, the rail-
way administration shall not be liable to
damages beyond an aggregate amount not
exceeding sixty dollars for each ton of the
vessel used for the carriage by sea.
(3) For the purposes of this section the tonnage of a
steam vessel shall be her gross tonnage, and the tonnage
of a sailing vessel shall be her registered tonnage.
(4) The limitation of liability under this section shall
relate to the whole of any losses or damages which
arise upon any one distinct occasion, although such losses
or damages are sustained by more than one person.
(5) The burden of proving that any such loss, injury or
damage as is mentioned in subsection (1) happened
during the carriage by sea shall be upon the railway
administration.
™i*of'" 4 7 . When
'*•''• ^ ^ ^ ^ the railwav administration
^^^ railway administration contracts to
.contracts to Carry by river or sea but not by railway any merchandise,
o"TaandnoT machinery, bales, boxes, casks", crates or any other article
by railway.
 199
A.D. 1 9 0 5
Ss. 48-50.
RAILWAYS.

or thing whatsoever for transhipment from a ship or boat

to another ship or boat or to the shore or from the shore
to any ship or boat, the railway administration shall not
be liable for loss of or damage to any article or thing
which in pursuance of such contract is in or upon any
ship, boat, lighter, or other vessel of or employed by the
railway administration, whether the same is in motion or
not, unless such loss or damage arises from or is caused
by the wilful default of the railway adirinistration or
its servants.
48.—(1) In any suit against a railway administration Burden of
for compensation for loss, destruction or deterioration of J?™"^^.^"^^
animals or goods or passengers' luggage delivered to the loss of
railway administration for carriage by railway, ii shall g°X'' ""^
not be necessary for the plaintiff to prove how the loss,
destruction or deterioration was caused.
(2) In every such proceeding the burden of proving the
value of the animals or goods or passengers' luggage, and
where the same have been injured, the extent of the
injury, shall lie upon the person claiming the com-
pensation.
4 9 . No person shall be entitled to a refund of an Notification
overcharge in respect of animals or goods carried by a "^f^^i™^/"
railway or to compensation for the loss, destrut;tion or overcharge:
deterioration of animals or goods delivered to be so and
compensation
carried unless his claim, to the refund or compensation has for losses
been preferred in writing by him, or on his behalf, to the
railway administration within six months from the date
of the delivery of the animals or goods for carriage by
railway.
50.—(1) Notwithstanding anything in this Chapter, a Exoneration
railway administration shall not be responsible for the responsibility
loss, destruction or deterioration of any goods with incase of ^
respect to the description of which an account materially deeVibed!^ ^
false has been given to the railway administration by the
owner or person having charge thereof if the loss,
destruction or deterioration is in any way brought about
by the false account.
(2) The railway administration. shall not be respon-
sible in any case for an amount exceeding the value of
the goods if such value were calculated in accordance
with the description contained in the false account.
200
A.D 1 9 0 5 .
Ss. 51 & 52.
RAILWAYS.

Chapter VII.

ACCIDENTS.
Report of 5 1 . When any of the following accidents occur in the
accidents.
working of a railway :—
(a) any accident attended with loss of human life
or with grievous hurt as defined in the Penal
Code, or with serious injury to property;
(b) any collision between trains one of which is a
train carrying passengers;
(c) the derailment of any train carrying passengers
or any part of such a train;
(d) any accident of a description usually attended
with loss of life, or such grievous hurt as
aforesaid, or with serious injury to property;
(e) any accident of any other description which the
Governor in Council notifies in this behalf
in the Gazette,
the railway administration working the railway, and
if the accident happens to a train belonging to any other
railway administration, such other railway administra-
tion also, shall without unnecessary delay send notice of
fhe accident to the Colonial Secretary, and the station
master nearest to the place where the accident occurred
or, where there is no station master, the railway servant
in charge of that part of the railway on which the
accident occurred shall give notice of the accident to the
officer in charge of the nearest police station.

Power to 5 2 . The Governor in Council may make rules for

make rules
regarding fa) prescribing the forms of the notices mentioned
notices, etc.
in section 51, and the particulars of the
accident which those notices are to contain;
(h) prescribing the class of accidents of which notice
is to be sent by telegraph immediately after
the accident has occurred;
(c) prescribing the duties of railway servants or
police officers on the occurrence of an
accident;
(d) holding inquiries into accidents.
 201
A.D. 1 9 0 5 .
- Ss. 53-57.
RAILWAYS.

5 3 . Every railway a.dministration shall send to the Submission of

Governor in Council a return of accidents occurring upon acddenu
its railway, whether attended with personal injury or
not, in such form and manner and at such intervals of
time as the Governor in Council directs.

54.—(1) Any railway company which fails to give Pej.aUiesfor

such notice of an accident as is required by section 51 and ^omT-^with
the rules for the time being in force under section 52 shall sectmnsTi
forfeit to the Government one hundred dollars for every ^-^f^^^.
day during which the omission continues.
(2) Any station master or railway servant who omits
to give such notice of an accident as is required by the
aforesaid section and rules shall be liable to a fine not
exceeding fifty dollars.

5 5 . Any "railway company, which fails to comply with Penalty for

the provisions of section 53 with respect to the submission co',J™iy'^ith
of any return shall forfeit to the Government the sum section ss.
of fifty dollars for every day during which the default
continues after the fourteenth day from the date pre-
scribed for the submission of the returns.

5 6 . Whenever any person injured by an accident on provision for

a railway claims compensation on account of the injury ^^^ij.'^j^"'^'
any Court, or person having by law or consent of the e.xaminaiion
parties authority to determine the claim, may order that l'*-Pj,g^°,|,
the person injured be examined by some duly qualified railway
medical practitioner named in the order and not being ''""i™'«-
a witness on either side, and may make such order with
respect to the costs of the examination as it or he thinks
fit.

Chapter VIII.

MANAGEMENT.
57.—(1) The railway administration, subject to the General rules,
approval of the Governor in Council, shall make general
rules for
(a) regulating the mode in which and the speed at
which the rolling-stock used on any railway
is to be moved or propelled;
202
A.D. 1 9 0 5 .
S. 58.
RAILWAYS.

(b) providing for the accommodation, and conveni-

ence of passengers and regulating the carriage
of their luggage;
(c) declaring what shall be deemed to be for the
purposes of this Ordinance dangerous or
offensive goods, and for regulating the
carriage of such goods;
(d) regulating the classification of goods and specify-
ing the goods that are to be charged for at
special rates;
(e) regulating the conduct of the railway servants;
(/) fixing the charges to be made for the conveyance
of passengers and goods by the railway;
(g) regulating the conditions on which the railway
administration will carry persons suffering
from infectious or contagious diseases,_ and
providing for the disinfection of carriages
which have been used by such passengers;
(h) regulating the terms and conditions on which
the railway administration will warehouse or
retain goods at any station on behalf of the
consignee or owner;
(i) regulating the travelling upon and the use, work-
ing and management of the railway.
(2) The rules may provide that any person committing
a, breach of any of them shall be liable to a fine not
exceeding fifty dollars.
(3) The railway administration shall keep at each
station on its railway a copy of the general rules for the
time being in force under this section, and shall allow
any person to inspect it at all reasonable times.
Penalty. (4) Any railway company which omits to make general
rules in accordance with this section shall forfeit to the
Government the sum of twenty dollars for every day
during which such omission continues.
Disposal of 5 8 . Where two or more railway administrations whose
differences
between railways have a common terminus or a portion of the
railways same line of railway communication are not able to agree
regarding
conduct of upon arrangements for conducting at such common ter-
joint traffic. minus or at the point of junction between them their
joint traffic with safety to the public, the Governor in
 203
A.D. 1 9 0 5 .
Ss. 59-61.
RAILWAYS.

Council, upon the application of either or of any of such

administrations, may decide the matters in dispute
between them, so far as those matters relate to the safety
of the public, and may determine whether the whole or
what proportion of the expenses attending on such
arrangements shall be borne by either or any of the
administrations respectively.
59.—(1) The railway administration shall determine Maximum
the maximum load for every wagon or truck in its ["itonl
possession, and shall exhibit the load so determined in
a conspicuous manner on the outside of every such Avagon
or truck.
, (2) Every person owning a wagon or truck which
passes over the railway shall similarly determine and
exhibit the maximum load for the wagon or truck.
(3) The gross weight of any such w'agon or truck bear-
ing upon the axles when the wagon or truck is loaded to
such maximum load shall not exceed such limit as is
approved by the Colonial Engineer for the class of axle
under the wagon or truck.
(4) Any railway company which and any person Avho Penalty.
fails to comply with this section shall forfeit to the
Government the sum of twenty dollars for every day
during which this section is contravened.
60.—(1) Every railway administration shall fix, sub- Maxjmuni^
ject to the approval of the Governor in Council, the number of
passengers.
maximum number of passengers which may be carried
in each compartment of every description of carriage,
and shall exhibit the number so fixed in a conspicuous
manner inside or outside each compartment in English,
Malay, Chinese and Tamil.
(2) Any railw-ay company which contravenes this sec- Penalty.
tion shall forfeit to- the Government the sum of twenty
dollars for every day during which this section is
contravened.
6 1 . No person connected with the direct working of immunity
a railway shall be removed under arrest by the police ^"^om arrest,
while actually engaged in the performance of his duties,
until the head of the department in which he is employed
has had an opportunity of providing a substitute
for -him.
204
A.D, 1 9 0 5 .
S. 62.
RAILWAYS.

Punishment
to be imposed
62.—(1) The manager of a railway administered by
the Government of the Colony or by the Government of
the Federated Malay States may, at his discretion and
subject to subsection (2), summarily dismiss on the
ground of misconduct, continued neglect of duty, incom-
petence or inefficiency any railway official not under
written agreement and in receipt of a salary of less
than two hundred and fifty dollars ]->er raontJh, or may
suspend any such official from the performance of his
duties or may reduce such official to a lower grade.
.Vpppal- (2) Any official so dismissed, susi)ended or reduced
shall have the right of ap])eal to the Governor of the
Colony or to the Chief Secretary to the Government of
the Federated Malay States, as the case may be.
(3) If such suspension, dismissal or reduction is con-
firmed by the Governor of the Colony or the Chief
Secretary to the Government of the Federated Malay
States, as the case may be, the official, if suspended, shall
be thereupon dismissed from the service of. the Govern-
ment, or, if already dismissed by the manager, shall be
deemed to be finally dismissed without further appeal.
llv-laws. (4) The manager may make such by-laws as he thinks
fit for the pur])Ose of regulating the conduct of the
officials employed on the railway, and a copy thereof
shall be given to every official affected thereby.
(5) The manager may by such by-laws impose such
reasonable penalties upon all persons, being officials
employed on the railwa}^ offending against such by-laws
as he thinks fit, not exceeding in any one month seven
days' pay of any such official.
Appeal (6) Any such official who feels aggrieved by any
against
penalties. such penalty as aforesaid may appeal to the Governor
of the Colony or the Chief Secretary to the Government
of the Federated Malay States, as the case may be, whose
decision shall be final.
(7) The imposition of fines under subsection (5) upon
any official employed on the railway shall, subject to
subsection (6), be wholly within the discretion of the
manager; and in the event of his considering that any
offence or misconduct in respect whereof such fine has
lieen incui-red would be better dealt with by a criminal
prosecution, he may institute such prosecution in lieu
of the imposition of such fine.
 205
A.D. 1 9 0 5 .
Ss. 63 & 64.
RAILWAYS.
63.—(1) No person shall enter any carriage used on a Fares to be
railway or any steamer or other vessel used for carrying pMS9enge^i"s'
on the traffic of a railway, for the purpose of travelling ti.oket3 to be
therein, without first having paid his fare and obtained a demand!' °°
ticket.
(2) Every person desirous of travelling on the railway
shall, upon payment of his fare, be furnished with a
ticket specifying the class of carriage or accommodation
for, and the station or place from, and the station or place
to, which the fare has been paid, and shall when required
show his ticket to any railway official duly authorized to
examine the same, and shall deliver up such ticket upon
demand to any railway official duly authorized to collect
tickets.
(3) Any person travelling without a ticket or not pro
ducing or delivering up his ticket as aforesaid shall be
liable to pay
(a) the fare for the distance travelled or where there
is any doubt as to the station or place from
which he started the fare from the station or
place from which the train, steamer or vessel
originally started; and in addition
(b) a special charge of fifty, twenty-five or ten cents
according as he travelled in a carriage or
enjoyed accommodation of the first, second or
third class.
(4) Such fare and special charge shall be paid on
demand to any railway official duly authorized to collect
tickets and, if not so paid, payment thereof may be
enforced in the same manner as any fine imposed under
this Ordinance.
64.—(1) The fare and freight paid for the conveyance i^are and
of passengers or goods by any particular train, steamer acc'ep'ted" ^'
or other vessel shall be deemed to be accepted only upon conditionally.
condition that there is room in such train, steamer or
other vessel for the passengers or goods to be conveyed.
(2) In case there is not room for all the passengers
or goods, those passengers who have obtained tickets
for the longest distance shall have the preference, and
those who have obtained tickets for the same distance
shall have the preference according to the order in
which thev have received their tickets, and the like
order shall be observed as to goods.
206
A.D. 1 9 0 5 .
Ss. 65 & 66.
RAILWAYS.

Proviso. (3) All officers and troops on duty, and all other
persons travelling on the business of the Colonial
Government shall be entitled to be conveyed on the railway
in preference to or in priority over the public without
reference to the distance for which, or the order in which,
thev have^ received their tickets.

Penalty for 6 5 . Any person who

fraud.
(a) defrauds or attempts to defraud a railway
administration
(i) by travelling or attempting to travel upon the
railway without having previously paid his
fare;
(ii) by riding in or upon a carriage of a higher
class than that for which he has paid his
fare;
(iii) by continuing his journey in or upon any of
the carriages beyond the station for which
he has paid his fare without having pre-
viously either paid the fare for the additional
distance or obtained the sanction of the
station master or guard of the train;
(h) knowingly and wilfully refuses or neglects
on arriving at the station to which he has
paid his fare to quit such carriage and
railway premises;
(c) transfers or profits by the transfer of the
return half of any ticket obtained by him; or
(d) in any other manner whatever attempts to
evade the payment of his fare,
shall be liable to a fine not exceeding fifty dollars for
each offence.

Fines for 6 6 . Any passenger who gets into or upon or attempts

entering
carriages iu to get into or upon or quits or attempts to quit any
motion or
riding on the
carriage upon a railway while such carriage is in
steps- motion, or who rides or attempts to ride upon the
railway on the steps or any other part of a carriage,
except on those parts which are intended for the
accommodation of passengers, shall be liable to a fine not
exceeding ten dollars for each ofTence.
 207
A.D. 1 9 0 5 .
Ss. 67-69.
RAILWAYS.

6 7 . Any person other than the engineman and fireman ^i^^g^^'ii

and assistant fireman, if any, who without the special engine, tender
licence of the Manager or Locomotive Superintendent "an"^^^^**
rides or attempts to ride upon any locomotive engine
or tender upon a railway, and any person other than the
guard or brakesman who without special permission of
the Manager or Traffic Manager rides or attempts to
ride upon the railway in or upon any luggage van or goods
wagon or other vehicle not appropriated to the carriage
of passengers shall be liable to a fine not exceeding twenty
dollars for each offence.
68.—(1) Any person who sraokes or chews betel, ^^^^„g and
bhang, tobacco, opium or other like substance either chewing of
inside a waiting room or in or upon any of the carriages prohi'i.ued. -
belonging to a railway which is specially provided
for females or non-smokers, or expectorates in any
waiting room or in or upon any railway carriage shall be
liable to a fine not exceeding ten dollars for each offence.
(2) Any person who persists in infringing this regula-
tion after being warned to desist by any railway official
or passenger, in addition to incurring the liability above
mentioned, may be removed by any such official from
any such carriage and from the premises appertain-
ing to the railway and shall, if a passenger, forfeit his
fare.
6 9 . - ( l ) Any person who fXlS
intoxication
(a) is in a state of intoxication or is insufficiently or nuisiince.
or indecently clad;
(b) commits any nuisance or act of indecency in
any railway carriage or upon any part of
the premises appertaining to a railway; or
(c) wilfully and without lawful excuse inter-
feres with the comfort of any passenger on
the railway,
shall be liable to a fine not'exceeding twenty dollars or
to imprisonment of either description for a term which
may extend to three months or to both.
(2) In addition to such liability the offender may be
removed by any railway official from any such carriage
and also from the premises appertaining to the rail-
way and shall, if a passenger, forfeit his fare,
 208
A.D 1 9 0 5 .
Ss. 70-73.
RAILWAYS.

i^mproireJ'irse "^0. Any pcrsou who makes improper use of the

of emergency emergency signal a p p a r a t u s provided in any carriage
a'^p"ratus. <^^^ on any train by the railway administration for the
use of passengers to stop a train in the case of
emergency shall be liable to a fine not exceeding fifty
dollars.
raaybT™^ 71.—(1) Any passcuger may be directed by a station
directed as io mastcr, guard or other railway official to enter and
[n^wWohThey travel iu any carriage or compartment which such
shall travel, railway official indicates, not being of a lower class
than that for which he has paid his fare.
(2) Any passenger who refuses or neglects to con-
form to 5uch direction may be removed by any railway
official from the premises appertaining to the railway
and shall forfeit his fare.
enterin'''o-*'"' 72. If ally spccial carriage or portion of a carriage
privatejoom Or ally private room or apartment is provided for the
or c a r n a g e .
n, „„„.,.„.> exclusive use of females, any male person who without
lawful excuse enters such carriage or portion of a car-
riage or any such room or apartment knowing the same
to be appropriated as aforesaid, or remains therein
after having been informed of its exclusive appropriation,
or if any special carriage or compartment has been
reserved for the private use of any person or persons and
anyone A\-ithout lawful excuse enters such carriage or
compartment knowing the same to be so reserved, or
remains therein after being requested to leave, or if any
person who has obtained a ticket of one class knowingly
and wilfully refuses or neglects to leave any room or
place set apart for passengers of a higher class, such
person may be forthwith removed therefrom and also from
the premises appertaining to the railway by any railway
official and shall be liable to a fine not exceeding fifty
dollars and shall, if a passenger, forfeit his fare.
Remedy for
non-payment 73.—(1) If any person fails to pav on demand any
of the
carriage of sum due for the convevance of any goods on a railway
goods. the Manager may detain all or any part of such goods, or
if the same have been removed from the premises
appertaininsj to the railway, anv other goods of such
person which are then on the railway or thereafter
come into the possession of the railway administration,
 209
A.D. 1 9 0 5 .
Ss. 74 & 75.
RAILWAYS.

and also after reasonable notice to such person , may

sell by public auction a sufficient quantity of such goods
to realise the sum payable as aforesaid and all charges
and expenses of such detention and sale; and out of the
proceeds of the sale may retain the sum so payable
together with the charges and expenses aforesaid render-
ing the surplus, if any, of the money arising by such
sale and such of the goods as remain unsold to the
person entitled thereto ; or the Manager may recover
any such sum by action at law.
(2) The goods of passengers may also be detained and
sold and the proceeds disposed of as above provided for
non-payment of the fare due by them.
74.—(1) The owner or person having the care of Written
any goods which have been carried upon a railway, or goo'd^'to°be
are brought to the premises appertaining to a rail- given on
way for the purpose of being carried on the railway shall "'"'^^ '
on demand by any railway official deliver to such official
an exact account in writing signed by him of the number
or quantity and description of such goods.
(2) Any such owner or person as aforesaid, who on Penalty for
demand by any railway official fails to give such account accou5t°or
to such railway official, or wilfully gives a false false account.
account, shall for every such offence be liable to a fine
not exceeding twenty dollars for every ton of goods and
to a fine not exceeding ten dollars for any quantity of
goods less than a ton.
(3) This section shall not apply to passenger's luggage.
75.—(1) No person shall carry upon a railway any carriage of
dangerous article, or be entitled to require any raihvay dangerous
official to carry upon the railway any article which in the nature.
judgment of any railway official is of a dangerous
nature or so bulky that it would be unsafe for the railway
to convey the same.
(2) Any person who carries upon the railway any rcnaity.
dangerous article, or delivers for carriage any such
article without distinctly declaring the nature of the
same, shall be liable to a fine not exceeding one hundred
dollars for every such offence.
(3) Any railway official may refuse to carry any luggage
or parcel that is suspected to contain articles of a
dangerous nature, and may require the same to be opened.
Vol. II. 14
210
A.D. 1 9 0 5 .
Ss. 76-78.
RAILWAYS.

(4) In case any such luggage or parcel has been

received by any railway official for the purpose of being
carried on the railway," and railway official may stop the
transit thereof until he is satisfied as to the nature
of the contents of the luggage or parcel.
Persons 76.—(1) Any person who, knowing himself to be
suffering from
leprosy, etc., suffering from leprosy, small-pox, or other contagious or
not allowed
to travel. infectious disease, travels by a railway, except in
accordance with any rules made in that behalf under
this Ordinance, shall be liable to a, fine not exceeding
two hundred and fifty dollars.
(2) If any person whilst travelling is discovered to be
so suffering any railway official may remove him from the
carriage and from the railway premises at the first
opportunity, and such person may, in addition to any fine,
be ordered to pay the amount of any expenses incurred in
the disinfection of any carriage or portion of a carriage
occupied by him while so travelling.
(3) Any such carriage or portion of a carriage shall be
properly disinfected as soon as practicable, and shall not
be used for the conveyance of passengers till it has been
so disinfected.
Penalty. (4) Anv railway company which fails to cause any
such carriage to be disinfected in accordance with this
section shall forfeit to the Government the sum of twentv
dollars for every day di-iring which such default
continues.
Penalty for 7 7,. Any person who removes any stakes or - pegs,
removing , ., . - . - ,
stakes or pegs or Other marks placed by any railway official along the
mark8^°'^^ line of the railway or contiguous thereto for the purpose
of setting out, tracing or showing such line shall be liable
to a fine not exceeding twenty dollars.
Penalty for
trespass. 78.—(1) Any person who trespasses upon a railway
or upon any of the lands, stations or other premises
appertaining thereto, shall be liable to a fine not exceed-
ing ten dollars.
(2) Any such person who refuses to leave the railway
or premises on being requested to do so by any railway
official shall be liable to a fine not exceeding twenty
dollars a,nd may be imm-^diately removed therefrom.
 211
A.D. 1 9 0 5 .
Ss. 79-82.
RAILWAYS.

7 9 . Any person who wilfully rides, leads or drives Penalty for

upon or across a raihvay any animal except in directly an7mafup°on
crossing the railway at any road or place appointed for "•'.^cross a
that purpose at a time at'which he may lawfully do so, " '*'"
shall be liable to a fine not exceeding t-wenty dollars for
each offence.

8 0 . Any person who wilfully alters or defaces his Penalty for

pass or ticket so as to render the date, number, or a,ny or rickel^""
material portion thereof illegible shall be liable to a. fine
not exceeding fifty dollars.

8 1 . Any person who wilfully obstructs or impedes Penalty for

any railway servant in the discharge of his duty shall raUwaf"^
be liable to a fine not exceeding one hundred dollars. servant.

82.—(1) The Governor in Council may declare by Occupation

notification in the Gazette any road or path which a crossings.
railway crosses to be an "occupation crossing."
(2) The gates of such occupation crossings shall not
close across the railway, and shall be kept locked by,
means of padlocks, the keys of Avhich shall be kept by
railway officials.
(3) A duplicate of the key of the padlock of the gates
of any occupation crossing may be entrusted by the rail-
way administration to any person having frequent
occasion to use such occupation crossing to be retained
during the pleasure of the railway administration and
used b^^ him at his discretion subject to a penalty of five
hundred dollars for misuse.
(4) Any oth_er person desiring to use an occupation
crossing shall give such notice of his intention to do so
as may be appointed by the Governor in Council to the
railway official with whom the key of the padlock is
deposited.
(5) The ra.ilway administration shall define from
time to time the hours suitable for such openings, and
the gates shall only be opened by such railway official
at the times so defined.
(6) Cattle passing over the occupation crossing shall
not he driven but led by a. suitable and properly secured
halter.
Vol. II. 14A
212
A.D. 1 9 0 5 .
S. 83.
RAILWAYS.

Penalty. (7) Any person other than a person entrusted with a

key under subsection (3) who uses or attempts to use
an occupation crossing without such notice, or at
hours other than those defined, and any person who
causes cattle to cross without such halter, and the owner
of.-any cattle so crossing shall be liable to a fine not
exceeding twenty dollars or to imprisonment of either
description which may extend to three months.
(8) 'Occupation crossings may, with the approval of the
Governor in Council, be sanctioned and opened Upon any
existing line at the discretion of, and upon conditions
imposed by the Manager, the first cost of construction and
an annual rent for maintenance being pa^^able by the
person for whom such crossing is constructed.
(9) The Manager, with the approval of the Governor
in Council, may at any times close any occupation cross-
ing; or, in the event of • the neglect of the owner or
occupier to comply with the conditions imposed, mav,
with the like approval, appoint and maintain at such
crossing an officer of the railway at the expense of the
owner or occupier, and such expense shall be payable in
addition to any other sums recoverable under this
Ordinance.
Liability of
owner of
83.—(1) The owner of any animal which trespasses or
animal found strays upon the railway or upon any land appertaining
trespassing. to the railway, such railway or lands being provided with
suitable fences for excluding cattle, shall be liable to a
fine not exceeding five dollars for each animal.
(2) Any railway official may take or drive every animal
so found trespassing to the nearest police station, there to
be detained until the highest amount of fine incurred by
such trespass and the expense of feeding and keeping the
animal is paid, or until a Police Court otherwise orders.
(3) If such animal becomes unmanageable or suffers
from fatal or serious injury any railway official not below
the rank of stationmaster may shoot or otherwise destroy
it, and the owner shall be liable to prosecution and fine if
the trespass is proved.
(4) A Police Court may, upon proof of the trespass,
cause such animal to be sold by public auction, and the
proceeds of the sale, after deducting therefrom such fine
as the Court awards and such further sum as the Court
 213
A.D. 1 9 0 5 .
S. 84.
RAILWAYS.

orders to be paid for the expense of detaining, feeding

and selling such animal, shall be returned to the owner
of the animal on demand.
(5) Nothing in this section shall be deemed to render .
the railway administration liable for any injury to any
animal trespassing or straying upon the railway or upon
any land appertaining to the railway for which the rail-
way administration would not have been liable if this
section had not become law.
84. (1) A n y p e r s o n w h o Penalty for
(a) wilfully or negligently damages or injures any wlSufor
carriage, engine, wagon, truck, station, negligent.
warehouse, bridge, tunnel, culvert, building,
machine, rail, points, or any other matter or
thing belonging to the railway;
(b) removes sand or stone, or earth, or any other
matter or thing from banks, bridges, cul-
verts, retaining walls or permanent way of
the railway; or
(c) fells timber in a manner likely to endanger the
safety of passing trains, or of any person
in or upon such trains, or to cause damage
to the permanent way,
sKHll be liable to a fine not exceeding one hundred
dollar^, or to imprisonment of either description for a
term which may extend to one year.
(2) Any person who ties up the wires of wire fencing,
breaks down or destroys any fencing or hedges, or does
or causes to be done any act that damages, or is likely to
damage, any fence or hedge appertaining to the railway,
shall be liable to a fine not exceeding fifty dollars.
(3) Any person who wilfully diverts any stream or
drain, or by any means causes water to flow on to the
railway, or causes damage to the raihvay in any way by
water, shall be liable to a fine not exceeding one hundred
dollars.
(4) Any person who having any contract for the supply
of bricks, ballast, timber, fuel, or any other material to
the railway, or being employed in connection with the
supply to the railway of such material, negligentlyplaces
or stacks the said material in an unsafe or careless
manner, or at less than the prescribed distance from the .
 214
A.D. 1 9 0 5
Ss. 85-87.
RAILWAYS.

rails so that the safety of passing trains, or of any person

in or upon such trains is endangered, shall be liable
to a fine not exceeding fifty dollars.
Penalty for 8 5 . Any person for whose use or accommodation any
opening or
not properly gate or chain has been set up by any railway official on
shutting
gates or either side of a railway, or any other person, who opens
chains. such gate or chain, or passes, or attempts to pass, or
drives, or attempts to drive, any cattle, carriage or other
animal or thing across the railway at a time when any
engine or train approaching along the same is in sight,
or at any time omits to shut and fasten such gate or
chain as soon as he and any cattle, carriage, or other
animal or thing under his charge have passed through
the same, shall be liable to a fine not exceeding fifty
dollars.
Penalty for 8 6 . Any person, not being a railway official, who,
causing train
to stop. without reasonable excuse to be allowed by the Court,
causes a train travelling upon the railway to be brought
to a standstill by making any gesture or exhibiting any
signal or otherwise shall be liable to a fine not exceeding
one hundred dollars..
Obstructing 8 7 . Any person who wilfully and maliciously puts,
engine or
carriages or places, casts, or throws upon or across a railway a-ny
endangering
safely of
wood, stone, matter or thing, or takes up, removes, or
passengers. displaces any rail, sleeper, matter or thing belonging
to a railway, or turns, moves or diverts any points or
other machinery belonging to a railway, or makes,
shows, hides, or removes any signal or light upon or
near a railway, or does or causes to be done, any act
with intent in any of the cases aforesaid to upset,
obstruct, overthrow, injure or destroy any engine,
tender, carriage, or truck used upon a railway, or to
endanger the safety of any persons travelling or being
upon the railway, or casts, throws, or causes to fall or
strike against, into or upon any engine, tender, car-
riage, or truck used upon a railway any wood, stone or
other matter or thing with intent to endanger the safety
of any person being in or upon such engine, tender,
carriage or truck, shall be liable to whipping, or fine
net exceeding five hundred dollars, oi- imprisonment of
either description for a term which may extend to
t-w'enty years, or to any two of these punishments.
 215
A.D. 1 9 0 5 .
Ss. 88-92.
RAILWAYS.

8 8 . Any person who wilfully does any act, or wil- ^Xuct^or

fully omits to do what he is legally bound to do, intend- omission
ing by such act or omission to cause, or knowing that he is ^as8*e°°c.™r°^
thereby likely to cause, the safety of any person travelling
or being upon a railway to be endangered, shall be liable
to whipping, or fine not exceeding one hundred dollars,
or to imprisonment of either description for a term which
may extend to seven years, or to any two of these punish-
ments.
8 9 . Any railwav official who Penalty for
. . . . ••' „ . . . , ... ,, drunkenness
(fl) IS m a state of intoxication whilst actually or breach of
employed upon a railway, or any of the railway
works connected therewith, in the discharge official,
of any duty;
(b) refuses or neglects to perform his duty; or
(c) performs the same in an improper manner,
shall be liable to a fine not exceeding fifty dollars, and
if the duty is such that the refusal or neglect to perform
the same or the improper performance thereof, as the case
may be, is likely to endanger the safety of any person
travelling or being upon the railway, shall be liable to
imprisonment of either description for a term which may
extend to one year, or to fine not exceeding one hundred
dollars, or to both.
9 0 . Any person who rashly or negligently and with- Penalty for
out lawful excuse does any act which is likely to ^°i{°f°°*
endanger his own safety or that of any person travel-
ling or being upon a railway shall be liable to imprison-
ment of either description for a term which may extend
to six months, or to fine not exceeding fifty dollars, or to
both.
9 1 . Any person who wilfully does any act which is Breach of
forbidden, or neglects to do any act which is required by ™^^'-
any rules framed under this Ordinance and for which no
penalty is specially provided by such rules, shall be liable
on conviction to a fine not exceeding ten dollars.
9 2 . Any person who is guilty of . any offence Apprehension
under this'Ordinance may be lawfully apprehended with- "^ °^^'"^^'
out any warrant or written authority by any railway
official, or by any other person whom such raihvay official
216
A.D. 1 9 0 5 .
Ss. 93-97.
RAILWAYS.

calls to his aid, or by any police officer, and any person

so apprehended shall with all convenient despatch be
taken before a Police Court.
Legal duties 9 3 . Every railway official shall be legally bound to do
of railway
officials. everything necessary for or conducive to the safety of
the public, and every such official shall be legally pro-
hibited from doing every act which is likely to cause
danger.
Liability of 94.—(1) In case of any conviction under this Ordin-
offenders to
pay costs of ance the Police Court may order the offender to pay
con-\dction.
the costs of such conviction in addition to any penalty
or expenses to which he is liable.
(2) Such costs may be assessed by the Police Court
and may be levied and recovered in the same manner as
any penalty under this Ordinance.
Recovery of
money due, ' 9 5 . In every case in which any person is liable
damages and under this-Ordinance to pay any sum of money, damages
expenses.
or expenses, and the same are not paid on demand, such
money, damages or expenses shall, if apjilication by or on
behalf of the person entitled thereto is made in tha^t _
behalf to a Police Court, be levied and recovered in the
same manner as any penalties under this Ordinance and,
if necessary, the amount thereof shall be fixed and
assessed by the Court to which the application is made.
'^a'^^'ment rf ^^- "^^^^ payment of any fare for which any passenger
fare by uot j^roduciug or delivering up his ticket is liable may
prodding""' be enforced in the same manner as any fine imposed by
ticket. this Ordinance.
A copy of 97.—(1) A copy of this Ordinance and of the rules,
Ordinance to
be shown at time-tables and tariff of charges in respect of any rail-
railway
stations.
way, which are from time to time duly made and
published, shall be exhibited in some conspicuous place
at each station of the railway so that they may be easily
seen and read, and all such documents shall be so
exhibited in English.
(2) There shall also be exhibited in like manner within
and also without each station of the railway a schedule
in English, Malay, Chinese and Tamil of all offences
punishable under this Ordinance or any rules made there-
under, and of the penalties attaching to each offence
. respectively.
 217
A.D. 1 9 0 5 .
Schedule.
RAILWAYS.

(3) Any railway company which fails to comply with Penalty.

any of the provisions of this section shall forfeit to the
Government a sum of twenty dollars for every day during
which such default continues.
9 8 . Any person who wilfully or maliciously removes, Penalty for
defaces or in any way injures any document exhibited ao^umeSsor
by the railway authorities as required by section 97, notices.
or any notice or document posted by them at the
station or anywhere upon the railway, shall be liable
to a fine not exceeding twenty dollars or to imprisonment
of either description for a term which may extend to 2ir/v
three months. :^..^cL, ^ ^ ^nA*^.^ ^ u
9 9 . The provisions of Oi^dinancc No. Iii—(Stoam ordinance
Boilero) shall not apply to boilers kept and used by the ^"gam
railway administration. Boilers) not
to apply to
the railway.
T H E SCHEDULE.
ARTICLES TO BE DECLARED AND INSURED.
«. (See Section 45.)
'(a) Gold and silver, coined or uncoined, manufactured or
unmanufactured;
(b) plated articles;
(c) clotlis and tissue and lace of which gold or silver forms
part, not being the iiniform or part of the uniform of
an officer, soldier, sailor, police officer or of any public
officer entitled to wear uniform ;
(d) pearls, precious stones, jewellery and trinkets;
(e) watches, clocks and timepieces of any description;
(/) Government securities;
(g) Government stamps;
(h) bills of exchange, hundis, promissory notes, bank notes
and orders or other securities for payment of money;
(i) maps, writings and title deeds ;
(j) paintings, engravings, lithographs, photographs, carvings,
sculpture and other works of art;
(k) art pottery and all articles made of glass, china or marble;
(I) silks in a manufactured or unmanufactured state, and
whether wrought up or not wrought up with other
materials;
(m) shawls;
(n) lace and furs;
(o) opium;
(p) ivory, ebony, coral and sandalwood;
(q) musk, sandalwood oil and other essential oils used in the
preparation of perfume;
(r) musical and scientific instruments;
(.0 any article of special value which the Governor in Council
by notification in the Gazette, adds to this schediile.
218
A.D. 1 9 0 5 .
Ss. 1-5.

POISONS.

Ordinance No. 91.

[ORDINANCE X. OF 1905;
20th April, 1905.]
To regulate the possession and sale of poisons.
Short title. 1 This Ordinanc-e may be cited as Ordinance No. 91
(Poisons).
Description 2. The scvcral articles named and described in the
of poisons. schedule shall be deemed to be poisons within the mean-
ing of this Ordinance.
Power to 3 . The Governor in Council may, by notification in
declare other
articles the Gazette, declare that such other articles shall be
poisons. deemed to be poisons within the meaning of this
Ordinance as are reported by the Principal Civil Medical
Officer of the Colony to be fit and j)roper to be classed as
poisons and to be dealt with under this Ordinance.

Poisons only 4.—(1) No person shall, without a licence from the

to be sold by
licensed*
licensing officer of the Settlement at which he resides
persons. or carries on business, sell or keep for sale or expose or
offer for sale any article deemed to be a poison under
the provisions of this Ordinance.
(2) No person shall without a licence from the licensing
officer of the Settlsment at which he resides or carries on
business import any article deemed to be a poison under
this Ordinance.
(3) The licensing officers under this Ordinance shall
be at Singapore the Principal Civil Medical Officer and
at Penang, Malacca, and Labuan respectively a Medical
Officer appointed by him in writing.

Issue of 5.—(1) The licensing officer at each Settlement shall

licences. -
issue to such j^ersons as he thinks fit licences to import
poisons or to sell poisons either by wholesale or retail.
(2) Any such licence may be either general or limited.
(3) Such officer may revoke and cancel any such licence
if it appears to him expedient so to do, but every such
 219
A.D. 1 9 0 5 .
Ss. e-9.
POISONS'.

revocation or cancellation shall be subject to appeal to

the Governor in Council.
(4) Every licence shall unless revoked remain in force
until the thirty-first day of December in the year in
respect of which the licence is issued.
(5) A fee of five dollars shall be charged on the issue
of each licence.
6.—(1) AH licences issued at a Settlement shall be Licences to
numbered consecutively in the year in respect of which ^^^"^^•"i^"<='i
they are issued, commencing each year with the number registered.
one.
(2) The licensing officer at each Settlement shall keep
a register of such licences, with the particulars of each
licence granted by him, and the entries in the registers
shall be numbered to correspond with the serial numbers
of the licences.
(3) Any official extract or copy of the register under
his hand shall be prima facie evidence of the facts stated
therein.
7.—(1) The Principal Civil Medical Officer of the Annual
Colony shall in or about the month of February in each be^pubiished.
year cause to be printed and published in the Gazette
correct lists of all persons licensed under this Ordinance.
(2) In such lists the names shall be in alphabetical
order, according to the surname or seh, when such a name
or its equivalent is used by the licensed person and other-
wise according to the personal name of the licensed per-
son, followed by his father's name.
(3) The residence or place of business of each licensed
person shall be given in such list.
8.—(1) Every list so printed and published as afore- pubUcationto
said shall be evidence in all Courts_ that the persons ^'' 'evidence.
therein specified are licensed under this Ordinance.
(2) The absence of the name of any person from such
list shall be evidence, until the contrary is proved, that
such person is not licensed under this Ordinance.
9.—(1) Any person who imports, possesses, sells, ex- Penalty.
poses or offers for sale poison contrary to 'this Ordinance,
or fails to conform with any rule or regulation as
220
A.D. 1 9 0 5 .
S. 10.
POISONS.

to the importation, possession, keeping or selling of

poisons made in pursuance of this Ordinance, shall be
liable to a fine not exceeding two thousand five hundred
dollars, or in default of jDayment to imprisonment of
either description for a term which may extend to twelve
months, and all poisons in respect of which an offence
has been committed shall be forfeited.
(2) Nothing in this Ordinance shall prevent any person
from being liable to any other penalty, damages or punish-
ment to which he would have been suliject if this Ordin-
ance had not been passed.
Rules. 10.—(1) The Governor in Council may make rules
for the purpose of controlling and regulating the im-
portation, possession and sale of poisons and for the
purpose of carrying out this Ordinance.
Matters in (2) The rules made under this section may provide
respect of
which rules amongst other things for
may be made.
(a) regulating the .importation of poisons;
(b) regulating the possession of poisons;
(c) regulating the sale of poisons;
(d) prohibiting or subjecting to conditions the
possession and sale of poisons in any shop
or place where articles of food are prepared,
kept, cooked, sold or exposed for sale;
(e) prescribing the marks which wholesale or retail
dealers shall place on vessels or coverings or
cases containing poison in the ordinary course
of wholesale or retail dealing;
(/) prescribing the books to be kept and entries to
be made therein by wholesale or retail dealers
when dealing wholesale or retail in poisons;
(g) prescribing the forms of licence to be issued by
the licensing officer and the conditions to be
attached thereto;
(h) exempting from the operation of this Ordinance
or- of any regulation made thereunder such
persons or classes of persons as seems ex-
pedient ;
(?) any other, pur[lose which is deemed necessary for
controlling and regulating the importation,
possession and sale of poisons.
 221
A.D. 1 9 0 5 .
Schedule.
POISONS.

(3) Nothing in subsection (2) contained shall in any

way restrict or be construed to restrict the generality of
the powers conferred on the Governor by subsection (1),
but such powers shall extend to all matters, whether
similar or not to those in subsection (2) mentioned, as to
which it is expedient to make regulations for the better
carrying into effect of the objects of this Ordinance.
(4) All rules shall be laid before the Legislative ^f'^^j^f'""
Council, and shall not come into force until approved
by a resolution of that Council.

1 1 . Evcry offence under this Ordinance may be tried Juri.sdiction

by a Police Court or District Court. °* ^°"*-

SCHEDULE.
Arsenic and all preparations of arse'nic.
All preparations of mercury except cinnabar.
Lead acetate.
All preparations of antimony except antimony sulphide.
Carbolic acid.
Phosphorus.
Hydrocyanic acid and all cyanides.
Oxalic acid and all other oxalates.
Chloroform.
Chloral.
All vegetable alkaloids and their preparations, excejjt
(a) those of the quinine and cinchonine groitps;
(b) caffein,
(c) theobromine. .
All natural or manufactured products which contain any of
the following substances : —brucine, strychnine, conine, aconi-
tine, atropine, hyoscyamine, veratrine, pliysiostigmine, curarine,
antiarine, helleborin, croton oil, digitalis, cocaine and its
synthetic analogues.
Cantharides and its preparations.
Cannabis indica and its preparations except bhang.
Ergot of rye and its preparations. '
222
A.D. 1905.
Ss. 1-3.

MAHOMEDAN AND HINDU ENDOWMENTS.

Ordinance No. 92.

[OBDINANCE XVII. OF 1905;
1st January, 1906.]

To administer Mahomedan and Hindxi Religious and

Charitable Endowments.
Short title. 1. This Ordinance may be cited as Ordinance No. 92
(Mahomedan and Hindu Endowments).

Interpreta- 2. In this Ordinance

tion.
" Endowment" means any endowment in land or
money given or to be given for the support of
any Mahomedan Mosque or Hindu Temple,
or Mahomedan or Hindu Shrine or School or
other Mahomedan or Hindu pious, religious,
charitable or beneficial purpose;
" Hindu " includes Sikh and any branch or variety
of religion professed by natives of India,
except the Christian, Buddhist and Mahome-
dan religions.

G'overnor 3.—(1) The Governor may appoint a Board in each

may appoint
Board for the Settlement, consisting of three or more Commissioners,
management
of endow- one of Avhoin at least sfiall be an officer of the Government
ments. for the administration, management and superintendence
of endowments, and may make rules for the meeting of
such Boards and the conduct of the proceedings at such
meetings and for the conduct of the business of such
Boards and of the officers.
(2) The Governor may remove any such Commissioner
and appoint another in his place and may fill up any
vacancy in any such Board caused by death, resignation
or otherwise.
(3) Every such Board shall be a body corporate having
perpetual succession and a common seal.
 223
A.D. 1 9 0 5 .
Ss. 4-6.
MAHOMEDAN AND HINDU ENDOWMENTS.
4 . Whenever it appears to the Governor in Council on Governor
the report of any such Board in any Settlement that in Tdowment
such Settlement to be
administered
(a) any endowment has been mismanaged; by a Board.
(b) there are no trustees appointed for the manage-
ment of any endowment; or
(c) it would be otherwise to the advantage of any
endowment that the same should be adminis-
tered by the Board in that Settlement,
the Governor may order that such endowment shall be
administered by the Board in that Settlement.

5.—(1) From the date of such order all the property. Property to
both moveable and immoveable, which the trustees of such ^oaVd^
endowment, if legally appointed, would have been entitled
to administer, shall be vested in the Board upon the
trusts and for the intents and purposes to which such
endoAvment is applicable.
(2) On or after the date of such order the Board shall,
by a statement in writing, under the seal of the Board,
appended to a copy of the said order, specify any land
which has become vested in the Board by virtue of the
said order and deliver such statement to the Registrar
of Deeds of the Settlement in which such land is situate.
(3) The Registrar shall thereupon make such entry in
the books of the registry as is sufficient to afford notice
to persons searching the register that the land specified
in the said statement is claimed to have become vested in
the Board bv virtue of the said order and of this section.

6-—(1) F o r t h e p u r p o s e of t h e m a n a g e m e n t of each Board-to

such e n d o w m e n t t h e B o a r d s h a l l a p p o i n t a committee of »-PP°I°*
man a
-1 , Tp-i-n 1 managing-
Committee.
management to act under the control of the Board.
(2) Every such committee shall consist of at least one
officer of the Government, being a member of the Board,
and of one or more person or persons professing the
religion to which such endowment is applicable.
(3) The Board may at any time remove any member of
such committee and appoint another in his place.
224
A.D. 1 9 0 5 .
Ss. 7-9.
MAHOMEDAN AND HINDU ENDOWMENTS.

General
powers of
7. The Board shall have Avith respect to any such
trustees. endowment all such powers as they would have had if
they had been named as trustees in the instrument creat-
ing the endowment and in any case may
(a) appoint and remove any officer of any such
endowment;
(b) receive and collect the income of the endowment;
(c) expend such income
(i) in defraying the expenses of the manage-
ment of the endowment, including the
payment of such fees to the Board as the
Governor in each case determines;
(ii) in carrying out the purposes of the
endowment.
Appeal. 8. Any officer removed by a Board under section 7
maj^ within two months of such removal, present a
petition to the Supreme Court appealing against such
removal, and the Court may make such order upon such
petition as it thinks just.
Power to 9.—(1) A Board at any time may requite written
require
accounts from accounts and statements and answers to inquiries relat-
any trustee
and others.
ing to any endowment or the property or income thereof
to be rendered by any of the following persons :—
(a) trustees or persons who are or have been at any
time acting or concerned in the administra-
tion of the endowment or income or in the
receipt or payment of-any moneys thereof;
(b) agents of any such trustees or persons;
(c) persons having possession, custody or control of
• any funds or moneys of the endowment;
(d) persons in the beneficial receipt of any funds
thereof or of any income or stipend there-
from;
(e) persons in the possession or occupation or man-
agement of any property thereof;
(/) persons having the possession, custody or control
of any documents concerning the endowment
or any property thereof.
(2) All such accounts, statements and answers shall be
verified by the oath or affirmation of the person making
 225
A.D. 1 9 0 5 .
Ss. 10-12.
MAHOMEDAN AND HINDU ENDOWMENTS.

the same which any officer of the Government, being a

member of the Board, is hereby authorised to administer
or take.
1 0 . The Board may require all or any of such trustees Power to
and persons as aforesaid to attend before them respec- trusYe'etand
tively at such times and places as are reasonably others to
appointed for the purpose of being examined in relation exlmfned^^^
to the endowment and to answer such questions as are
proposed to them, and to produce upon such examina-
tion any documents in their custody or power relating
to the endowment or the property thereof, and may
examine upon oath or otherwise all such persons and all
persons voluntarily attending and may administer such
oath.
1 1 . Any person who refuses or wilfully neglects to Penalty for
comply with any requisition or order of a Board made compliance.
under this Ordinance, or destroys or withholds any
document required to be produced or transmitted by him
shall be liable to a fine not exceeding two hundred dollars
for a first offence, or in case of a continuing offence to a
fine not exceeding fifty dollars for each day during which
the offence is continued.
12.—(1) The Board shall consider all applications Board to
which are made to them by a trustee or other person appHcat^on
having any concern in the management or administration for advice.
of any endowment for their opinion or advice respecting
such endowment or the management or administration
thereof, or the estates, funds, property or income thereof,
or any question or dispute relating to the same respec-
tively, and may upon any such application give such
opinion or advice as they think expedient, subject to any
judicial order or direction which may be subsequently
made or given-by the Supreme Court.
(2) Such opinion or advice shall be in writing under
the seal of the Board, and every trustee and other person
who acts upon or in accordance with the opinion or
advice given by the Board shall, in respect of so acting,
be deemed and taken so far as respects his own respon-
sibility to have acted in accordance with his trust.
(3) No such judicial order or direction subsequently
made or given by the Supreme Court shall interfere with
or impair the indemnity by this Ordinance given to
Vol. II. / , 15
 226
A.D. 1 9 0 5 .
Ss. 13 & 14.
MAHOMEDAN AND HINDU ENDOWMENTS.

trustees and other persons who have acted upon or in

accordance with such opinion or advice of the Board.
(4) Nothing herein shall extend to indemnify any
trustee or other person for any act done in accordance
with the opinion or advice of the Board, if such trustee
or other person has been guilty of any fraud or of
any wilful concealment or misrepresentation in obtain-
ing such opinion or advice.
Notice of 13.—(1) Before any legal proceeding for obtaining
legal
proceedings any relief, order or direction concerning or relating to
as to any any endowment or the estate, funds, property or income
endowment to
be given to thereof is commenced or taken by any person, such person
the Board. shall transmit to the Board notice in writing of such
proposed proceeding, and such information as is requisite
or proper or is required from time to time by the Board
for explaining the nature and objects thereof.
(2) The Board may, if it thinks fit, by an order under
their seal, authorize or direct any such proceeding to be
commenced or taken with respect to such endoAvment either
for the objects and in the manner specified or mentioned
in such notice or for such other objects and in such manner
and form and subject to such provisions for securing the
endowment against liability to any costs or expenses, and
to such other provisions for the protection or benefit of
the endoAvment as the Board thinks proper.
(3) The Board rnay by such order as aforesaid require
and direct that any proceeding so authorized by them in
respect of any endowment shall be delayed during such
period as seems proper, and every such order may be
in such form as the Board thinks fit.
(4) Save as herein otherwise provided no legal pro-
ceeding for obtaining any such relief, order or direction
as aforesaid shall be entertained or proceeded Avith by
the Supreme Court or by any Court or Judge except upon
and in conformity with an order of the said Board.
(5) Nothing in this Ordinance shall extend to or affect
any legal proceeding in which any person claims any
property or seeks any relief adA^ersely to any endowment.
Power to
compromise
and adjust 14.—(1) If in any case it appears to the Board that
actions, etc. any claim or demand or cause of action against any
 237
A.D. 1 9 0 5 .
Ss. 15 & 16.
MAHOMEDAN AND HINDU ENDOWMENTS.

person in relation to any endowment to which this Ordin-

ance applies, or against such endowment or against the
trustees or administrators thereof may with advantage
to such endowment, or should under the special circum^
stances of the case, be compromised or adjusted without
continuing any legkl proceedings, the Board may make
such order for and in relation to an agreement for such
compromise and adjustaient as it thinks fit.
{2)J^Q^ydtiejierf^rftgnce of the terms and conditiong-r.minr-r««5;-'-~'
of m i f f ^ n i i r o i i g ^ |EBdiustment such agreeffip^ai-?^^!]
^^ ^ ^ ^ ' S ^ ^•'^ J^B^^y^'Sife' Court. ,^ cause of
actiM-'l^ffMfre^sj^te^'tfhQ^j.^ gj^^j^ con-^'-j'se or adjust-
m e i i l ^ ^ e ^ c o m p ^ ^ ^ ^ and mav -
gdifAF th*-«*dHeme according *
""'^j^nF ^"^ '^w^i-^J - - 'to any Board appointedsanction Po^erto
u er .'his Ordinance til endowment administered
ni«^(juldLbe benefite
letting!" a4>J; part of tl#, las^s theS
agricultural, building"
improvTT^^fe^ajj^ng leases;
(b) digging for or raising stone,-olaf,
or other minerals;
(c) cutting timber;
(d) forming any new road or street;
(e) making, renewing or improving any drains or •
sewers;
(/) erecting new buildings;
(g) the repair, alteration, extension, rebuilding or
removal of any existing building;
(h) making any improvements or alterations in the
state or condition of the lands of such endow-
ment ;
(^) the sale or exchange of any lands belonging to
such endowment;
such Board may grant any such lease or do any such
act as aforesaid, although such leases or acts are not
specifically authorised or permitted by the trusts of such
endowment and may apply any moneys belonging to'the
endowment for any' of the purposes or acts aforesaid.
16. A Board acting under this Ordinance in the Accounts.
administration of any endowment shall regularly enter
Vol. II. 15A
 228
A.D. 1 9 0 5 ,
Ss. 17-19.
MAHOMEDAN AND HINDU ENDOWMENTS.

or cause to be entered in books to be kept for that pur-

pose, full and true accounts of all property, funds,
securities, investments and assets belonging to or arising
out of such endowment, and also of all moneys received
and paid respectively on account of such endowment,
and shall also on or before the first day of April in each -
year prepare and make out accounts
(a) of all property, moneys and assets belonging to
or arising from the endowment, setting forth
/o. the manner in which such property, moneys
relier,-w',aci ui ».^e bpirl ^ n d invested;
(b) o¥W^^^ ^^ the estate ana assets^he endowment
or vvA?^^®^ °^ takeh-o^-e gross interefrom dur-
ing the ye^ Board notfce^iih ov/r^fi^* day of
December thlld such infi>rjn«^-- - - — W ,
(c) of the balance in hand at the c o m m e n c e ^ n t V
the year and of all moneys received during the
^ same year on account of the endowment;
(d) for the same period of all payments;
((p) <>£ all moneys owing to and by the endowment
as far as can be ascertained.
and shall within fourteen days after the day appointed
for making out such accounts deliver or transmit a copy
of the same to the Colonial Secretary.
Audit. 17. The accounts -of such Board shall be audited at
such times and in such manner as the Governor directs.
Power of
Board to
18. Whenever it ap"pears to any such Board to be
frame new desirable that a scheme should be framed and approved
scheme. for the application or management or change in the
management of any endowment or for the closing and
winding up of any endowment, the Board may frame '
such scheme and submit it for the approval of the
Supreme Court in the manner and subject to the regula-
tions hereinafter mentioned.
fchSfetnd ^^-—(^) Every such scheme shall be filed in the
noticethereof Supreme Court, together with a petition for the approval
of such scheme by the Court, and notice thereof shall be
given in such manner as the Board in each case considers
proper or expedient for ensuring due publicity.
(2) Every such notice shall contain the substance of the
proposed scheme and such particulars thereof as are
deemed by the Board sufficient to show the nature thereof,
 229
A.D. 1 9 0 5 .
Ss. 20 & 21.
MAHOMEDAN AND HINDU ENDOWMENTS.

and shall refer to some convenient place where a copy

of the proposed scheme shall be deposited and may be
inspected.
(3) Every such notice shall require any objections to
such scheme to be stated or transmitted to the Supreme
Court within one month from the time when notice has
been given.

20.—(1) After the expiration of one month from the court may
time when such notice was given such petition shall be ^odif°/or
heard on a day to be fixed by the Court. approve
scheme.
(2) At the hearing the Court shall consider any objec-
tions so made as aforesaid, and may, if it thinks fit, alter
or modify the scheme according to any such objections,
and after all such objections have been made the Court
may proceed to approve such scheme and to certify the
same in manner hereinafter mentioned.

21.—(1) Every scheme approved by the Court shall Schemes

be certified by it, and for that purpose shall be embodied ^p^p^roved to
in a certificate to be made and signed by the Court. be certified
° •' . bv the Court.
(2) A copy of such certificate shall be deposited at some
convenient place within the district in which the endow-
ment in question is wholly or partially situate or adminis-
tered.
(3) From the date of such certificate the property and
funds of such endowment shall be applied and such
endowment shall be managed in accordance with the
scheme thereby certified.
 230
A.D. 1906.
Ss. 1-3.

CORPORATIONS DUTY.

Ordinance No. 9 3 .
[ORDINANCE II. OF 1906;
16th February, 1906.]

To impose a duty on the property of bodies corporate

and unincorporate.
Short title. 1. This Ordinance may be cited as Ordinance No. 93
(Corporations Duty).

Interpreta- 2 . I n this Ordiuauce

" Collector " means the Collector of Stamp Duties;
"Body unincorporate" includes every unincorporated
company, fellowship, society, association and
trustee or number of trustees to or in whom
respectively any moveable or immoveable pro-
perty belongs in such manner or is vested
upon such permanent trusts that the same is
not liable to duty on the affidavit for the
Collector on application for grant of probate
or letters of administration;
" Accountable officer" means every chamberlain,
treasurer, bursar, receiver, secretary or other
officer, trustee or member of a body corporate
or unincorporate by whom the annual income
or profits of the property in respect whereof
duty is chargeable under this Ordinance is
received or in whose possession or under whose
control the same is.

Duty on 3.—(1) There shall be levied and paid to H i s Majesty

corpoTate°oT '^^ rcspect of all movcaWe or immoveable property which
unincorporate bclougs to or is vcstcd in any body corporate or unincor-
bodies.
porate, every year ending the thirty-first day of December,
a duty a t the rate of three per centum upon the annual
income or profits in the same year, after deducting there-
from all necessary outgoings, including the receiver's
remuneration and costs, charges and expenses properly
incurred in the management of such property.
 231
A.D. 1 9 0 6 .
Ss. 4r6.
CORPORATIONS DUTY.

(2) The following classes of property shall be exempt

from such duty :—
(a) property which or the income or profits whereof
is legally appropriated and applied within
the Colony and the Federated Malay States
for the benefit of the public at large or of any
, Municipality or place or the ratepayers or
inhabitants thereof, or in any manner ex-
pressly prescribed by Ordinance;
(b) property Avhich or the income or profits whereof
is or are applied to any religious, educational
or charitable purpose within the Colony or the
Federated Malay States;
(c) property belonging to or constituting the capital
of a body corporate or unincorporate, estab-
lished for any trade or business or being the
property of a body Avhose capital stock is so
divided and held as to be liable to be charged
stamp duty on affidavits for the Collector.
4 . The duty hereby imposed shall be collected by means Duty to be
of stamps and shall be under the care and management couecto'^r °*
of the Collector, who by himself and his officers shall
have the same powers and authorities for the collection
and management thereof as are vested in them for the
collection and management of the stamp duty on affidavits
for the Collector on applications for grant of probate
or letters of administration.
5. The duty hereby imposed shall be a first charge on Duty to be
all the property in respect whereof the same is payable orth^*"^^*^
while such property remains in the possession or under property.
the control of the body corporate or unincorporate charge-
able with such duty, or of any person or persons acquir-
ing the same, with notice of any such duty being in
arrears, and every such body corporate or unincorporate
and every accountable officer shall to the full extent
thereof be answerable to His Majesty for the payment
of the duty chargeable thereon.
6.—(1) Every body corporate or unincorporate charge- Return of
-able with the duty hereby imposed shall on or before ^''Xto^^"'''
the thirty-first day of March in every year deliver or collector.
cause to be delivered to the Collector a full and true
account of all property in respect Avhereof any such duty
23S
A.D. 1 9 0 6 .
Ss. 7 & 8.
CORPORATIONS DUTY.

is payable, and of the gross annual income or profit

thereof accrued to the same body in the year ended on
the preceding thirty-first day of December and of all
deductions claimed in respect thereof, whether by relation
to any of the beforementioned exemptions from such duty
or' as necessary outgoings.
(2) The account shall be made in such form and shall
contain such particulars as the Collector by ^nv general
or special notice requires or as is necessary or proper for
enabling him fully and correctly to ascertain the duty
due.
(3) Every accountable officer hereinbefore made answer-
able for payment of duty in respect of any property
chargeable under this Ordinance shall be ansAverable also
for the delivery to the Collector of such full and true
accounts as aforesaid of and relating to suqh property.

Power for 7. Every accountable officer may retain or raise out

persons
answerable of any moneys of any body corporate or unincorporate
to retain which are held by him or come into his hands the full
moneys for
payment of amount of all moneys which he shall pay or has paid on
duty. account of the duty hereby imposed and all reasonable
expenses incidental to such payment.
Power of the 8.—(1) The Collector may assess the duty upon the
Collector to
assess duty footing of any account rendered to him, or if dissatisfied
according to
accounts
with such account or in the event of no account being
rendered or rendered may cause an account to be taken by any person
to obtain or persons appointed by himself for that purpose, and
other
accounts. may assess the duty on the footing of such last-mentioned
account, subject to appeal by petition to the Supreme
Court.
(2) If the duty so assessed exceeds the duty assess-
able according to the account rendered to the Collector
and with which he is dissatisfied, and if there is no
appeal against such assessment, the Collector, having
regard to the merits of each" case, may charge the whole
or any part of the expenses incident to the taking of
such last-mentioned account on any funds liable to such
duty as an addition thereto and part thereof and may
recover the same accordingly; but if there is an appeal
against such assessment, then the payment of such ex-
penses shall be iji the discretion of the Court.
 23
A.D. i 9 o e
Ss. 9 & 10.
CORPORATIONS DUTY.

(3) The duty shall be payable immediately after the

assessment notwithstanding any appeal therefrom,
provided that, in the event of the amount of assessment
being reduced by the order of the Court, the difference
in amount shall be repaid with such interest as" the Court
may allow.

* 9.—1,1)! Any body corporate or unincorporate and ^g°^*^^;^°

every accountable officer hereby required to deliver any returns and
such account as aforesaid, and wilfully neglecting to do p^/^ntof
so on or before the thirty-first day of March in any year, duty,
shall forfeit to His Majesty the sum of five hundred
. dollars and also shall be liable to pay to His Majesty
double the amount of duty chargeable, and the same shall
be a debt due to the Crown and recoverable as such.
(2) Any body corporate or unincorporate and every
accountable officer hereby required to pay any duty and
wilfully neglecting to do so for a space of one month
after the same has become payable shall forfeit to His
Majesty the sum of five hundred dollars and also shall
be liable to pay to His Majesty double the amount of
duty chargeable, and the same shall be a debt due to the
Crown and recoverable as such.

10.—(1) The Collector may at any time require written Powers of

accounts and statements and answers and inquiries *^°^'^''°'-
relating to any moveable or immoveable property to which
this Ordinance applies from any accountable officer of
such property, or from any person in the beneficial receipt
of any funds thereof or of any income or stipend there-
from, or in the possession, occupation or management of
any property thereof or having the possession, custody
or control of any document concerning any such property.
(2) The Collector may require any such officer or person
as aforesaid to attend before him at such times and places
as are reasonably appointed for the purpose of being
examined in relation to any property to which this
Ordinance applies, and to answer such questions as are
proposed to him and to produce upon such examination
any document in his custody or power relating to such
property, and may examine upon oath to be administered
by him all such persons voluntarily attending.
234
A.D. 1906.
S. 11.
CORPORATIONS DUTY.

Penalty. ^3^ ^ ^ y pcrsou who rcfuses or wilfully neglects to

comply Avith any requisition or order of the Collector
made under this section, or destroys or withholds any
document required to be produced by him, shall be liable
to a fine not exceeding two hundred dollars for a
first offence, or in case of a continuing offence to a fine
not exceeding fifty dollars for each day during which
the offence is continued.

Court to 1 1 . In the case of any proceeding in the Supreme

provide for
payment of Court for the administration of any property chargeable
duty during with duty under this Ordinance the Court shall provide
suit for ad-
ministration. out of any such property in its possession or control for
the payment of the duty to the Collector.
 23S
A.D. 1 9 0 6 .
Ss. 1-4.

VAGRANCY.

Ordinance No. 9 4 .
[ORDINANCE VI. OP 1906;
9th March, 1906.J
To establish Houses of Detention for Vagrants.

1. This Ordinance may be cited as Ordinance No. 94 short title.

(Vagrancy).

2. In this Ordinance " vagrant " means interpreta-

(a) any person found asking for alms;
(6) any person not being physically able to earn,
or being unwilling to Avork for, his own
livelihood and having no visible means of
subsistence.

3.—(1) The Governor may provide houses of detention ^he «o^ern^i-

at such places as he thinks proper within the Colony S e s ' of"
for the reception of vagrants. detention.
(2) The Governor may appoint superintendents and
medical and other officers for the management of such
houses of detention, and may at his pleasure dismiss or
remove any such superintendent or officer.
(3) Every such superintendent and officer shall be
deemed to be a public servant within the meaning of the
Penal Code.

4.—(1) When any person has been convicted of any Vagrants may
offence by a Police Court the Court may order, in onorder'^of
addition to or in substitution for any punishment the Police comt.
Court has power to inflict, such person to be detained
in a house of detention if, after due inquiry, the Court
is of opinion that the person so convicted is a vagrant.
(2) Any such order shall declare that the person
against whom it is made is a vagrant, and shall also,
if practicable, state any prior date from which in the
opinion of the Court such person has been a vagrant
in the Colony.
236
A.D. 1 9 0 6 .
Ss. 5-7.
VAGRANCY.

(3) Such order shall be a sufficient authority to the

police for keeping in custody such person on the Avay
to the house of detention and the superintendent for
receiving and detaining him there. •"
(4) Every person detained in a house of detention
under this section shall be detained until work has been
found for him or until he is removed or discharged as
hereinafter mentioned.
(5) EA^ery person so detained shall be put to any labour
of which the medical officer certifies him to be
capable.
Persons
detained may
5. Any person detained in a house of detention may,
he sent to if the medical officer considers it necessary, be sent to a
hospital. hospital for treatment, but shall be deemed while in
hospital to be still an inmate of the house of detention.
Regulations 6.—(1) The Governor in Council may make regulations
for manage-
ment of for the management of houses of detention.
houses of
detention. (2) Such regulations may include among other things
rules for
(a) the search of the person and clothing of any
person admitted to the house;
(&) the custody or destruction of the clothing and
effects;
(c) the diet, dress and accommodation of the
inmates;
(d) personal cleanliness, hours, meals, labour and
general conduct;
and may prescribe punishments for disobedience to such
rules, to be inflicted by the superintendent, not exceeding
one week's confinement or one week's reduced diet, the
nature of such confinement and of such reduced diet to
be prescribed by the rules, or both such punishments.

Superinten-
dent to
7.—(1) The superintendent of any house of detention
endeavour shall forward weekly to the Master Attendant or Harbour
to find Master a list of such vagrants under his charge as are
employment
for vagrants. seamen, and shall otherwise use his best endeavours to
obtain suitable employment outside the house for the
vagrants admitted thereto.
 237
A.D. 1 9 0 6 .
' Ss. 8 & 9.
VAGRANCY.

(2) When any such employment is obtained any fgf"^!^^^'"'

vagrant Avho refuses or neglects to avail himself thereof employment.
shall be liable to imprisonment of either description for
a term which may extend to one month.

8.—(1) Any vagrant detained in a house of detention f^^^^f^^*'

may enter into an agreement in Avriting Avith the Colonial o°oiony^
Secretary or the Resident Councillor of Penang or Chief
Civil Officer of any other Settlement, binding himself to
embark on such ship and at such time as the superin-
tendent of the house of detention directs for tSe
purpose of being removed from the Colony at the expense
of the Government and not to return to the Colony within
five years.
(2) Every such agreement shall be exempt from stamp
duty and shall be in the form in the schedule or to a like
effect.
(3) When a vagrant has entered into such agreement,
unless in the opinion of the superintendent of the house
of detention suitable employment is likely to be speedily
found for such vagrant, the superintendent may enforce
such agreement and cause such vagrant to be remoA^ed
,from the Colony, and if he deems it desirable may call
in the assistance of the police to place such vagrant on
board ship, and such vagrant may be detained on board
and shall be deemed in lawful custody while the ship is
within the jurisdiction of the Colony. *

9.—(1) If within a reasonable time, not exceeding one Removal of

year from the date Avhen he was committed to such house, cofony!^ ^^'™
no suitable employment is obtainable for a vagrant
detained in the house of detention, and such vagrant,
not being a British subject born in the Colony, has not
entered into such agreement as hereinbefore mentioned,
the Governor in Council may order him to be repatriated,
and he shall be repatriated accordingly.
(2) Any person Avho returns to the Colony after having
been repatriated under this Ordinance shall be liable to
imprisonment of either description for a term which may
extend to t^;^ve^xjmiths^ ^ ^ / ^ , _ ^ ^ . . ^ W * ^ ^ ^ . ^ ^ ^/^^
(3) The Goveimo^ may at any time order any person
detained in a house of detention to be discharged.
238
A.D. 1 9 0 6 .
Ss. 10-13.
VAGRANCY.

Liability of 10.—(1) Whenever any person other than a native of

certain
persons to pay the Straits Settlements arrives in the Colony under an
costs incurred engagement to serve any person or body of persons in
by Govern-
ment in any capacity, and whenever a non-commissioned officer or
respect of soldier of His Majesty's army leaves that army in the
vagrants.
Colony under such an engagement, and within a period
of six months from such arrival or leaving the army such
person, non-commissioned officer or soldier, as the case
may be, becomes chargeable to the Colony under this Ordi-
nance, then the person or body of persons Avith whom such
engagement was made shall respectively be liable to repay
the Government all costs and charges incurred by the
Colony on behalf of such person, non-commissioned officer
or soldier and the cost of his removal under this
Ordinance.
(2) The Police Court before which such person is
brought shall declare at what date such person became
chargeable to the Colony.
Evidence. 11.—(1) The order of a Police Court declaring any
person to be a vagrant shall be prima facie evidence that
he Avas a vagrant from the date mentioned in such order.
(2) A written statement, signed or purporting to be
signed by the Colonial Secretary or Resident Councillor
of Penang or Chief Civil Officer of any other Settlement,
shall be prima facie evideiTce of the amount of any costs
and charges incurred by the Government on behalf of
any vagrant.
Arrest with-
out warrant
12. Any person who, being apparently a vagrant,
of vagrant refuses or fails to accompany a police officer or to appear
refusing to
appear before
before a Police Court when required to do so for the
Police Court. purposes of this Ordinance may be arrested Avithout
warrant, and shall be liable to imprisonment of either
description for a term which may extend to three months.
Penalty on
vagrant for
1 3 . Any vagrant who
escape. (a) escapes from the police Avhile committed to their"
charge under this Ordinance,
- (b) leaves-a house of detention without permission of
the superintendent, or
(c) having with such permission left a house of deten-
. tion for a limited time or a specified purpose,
 239
A.D. 1 9 0 6 .
^"^chedule.
VAGRANCY.

fails to return at the expiration of such time

or when such purpose has been accomplished
or proves to be impracticable,
shall be liable to imprisonment of either description for a
term Avhich may extend to three months.
1 4 . Every vagrant who enters into an agreement under Breach-of
section 8 and violates that agreement in any respect shall ST^''*'
be liable to imprisonment of either description for a term section 8.
which may extend to six months, and may then be dealt
with under section 9.
1 5 . Any offence under this Ordinance may be tried by jurisdiction,
a Police Court.

SCHEDULE.
FoBM o r A G R E E M E N T TO LEAVE T H E COLONY. Exempt from
stamp duty.
(Section 8.)
Articles of A g r e e m e n t made this d a y of ,
19 , bet-\veen t h e (Colonial Secretary of the Sti'aits Settle-
ments or as the case may be) of t h e one p a r t a n d A. B., of
, t h e v a g r a n t , of t h e other p a r t , -whereby each
of t h e p a r t i e s h e r e t o (so far as relates to t h e acts on h i s OAvn p a r t
to be performed) agrees -with t h e other of t h e m as follo-ws : —
1. T h e said A. B. shall embarli on board such ship a n d at such
time as t h e s u p e r i n t e n d e n t of t h e house of detention shall direct.
2. T h e said A. B. shall r e m a i n on board such ship u n t i l such Here insert
ship shall haA^e arri^-ed at t h e port of name of port
3. T h e said A- B. shall not r e t u r n to t h e Straits Settlements agrees to go.'
u n t i l five years shall have elapsed from t h e date of such
e m b a r k a t i o n , unless h e shall be specially p e r m i t t e d to r e t u r n by
t h e Governor of t h e Straits Settlements.
4. T h e said (Colonial Secretary of the Straits Settlements, or
as the case may be) shall contract -with t h e OAvner of such ship
or h i s agent for t h e passage of t h e said A.B. on board such ship,
and for h i s subsistence d u r i n g t h e voyage for -which h e shall
e m b a r k as aforesaid.
^ I n W i t n e s s Avhereof t h e said (Colonial Secretary of the Straits
Settlements, or as the case may be) a n d t h e said A. B. have here-
u n t o set t h e i r h a n d s t h e d a y a n d y e a r first above -written.
(Signed)

Colonial Secretary (or as the case may be).

A. B.
240
A.D. 1906.
Ss. 1-3.

AUCTIONEERS' LICENCES.
Ordinance No. 95.
[ORDINANCE X. OF 1906;
1st July, 1906.]
To provide for the licensing of auctioneers, appraisers
and house agents.
Short title. 1. This Ordinance may be cited as Ordinance No. 95
(Auctioneers' Licences).
Definition of
auctioneer.
2. Every person Avho exercises or carries on the trade
or business of an auctioneer or who acts in such capacity
at any sale, and every person Avho sells or offers for sale
any goods or chattels, lands, tenements or hereditaments
or any interest therein at any sale where any person
becomes the purchaser of the same by competition and
being the highest bidder, either by being the single bidder
or by increasing upon the biddings made by others or
decreasing on sums named by the auctioneer or person
acting as auctioneer or other person at such sale, or by
any other mode of sale by competition, shall be deemed
to carry on the trade or business of an auctioneer
and shall be an auctioneer within the meaning of this
Ordinance.

Auctioneers 3_—(1) Evciy auctioueer shall, before conducting anv

to be licensed. i - U i - j . i j T • •, •, ° •, ••'
sale by auction, take out a licence as required by this
Ordinance.
(2) Every auctioneer's licence shall be granted and the
duty thereon shall be paid in manner following :—
(a) if taken out in Singapore such licence shall be
granted under the hand and seal of the
Colonial Secretary;
(b) if taken out in Penang, Malacca or Labuan such
licence shall be granted under the hand and'
seal of the Resident Councillor of Penang or
^ Chief Civil Officer at such Settlements respec-
tively;
and the duty thereon shall be denoted by a stamp
impressed on the licence.
 241
A.D. 1 9 0 6 .
Ss. 4-6.
AUCTIONEERS' LICENCES.

(3) Licences shall be of two kinds

(a) to conduct sales an5^where within one of the
Settlements of Singapore or Penang, herein-
after called a toAvn licence; and
(b) to conduct sales in one of the Settlements of
Singapore or Penang outside the municipal
limits of the town of Singapore or of George
ToAvn in Penang, or anjrwhere in the Settle-
ments of Malacca or Labuan, hereinafter
called a country licence.
(4) On every town licence the sum of twenty-five dollars Revenue
shall be paid and on every country licence the sum of ten ^^^'
dollars. .
4 . Every person who values or appraises any estate Definition of
a ViTiT*!^ 1 AAV

or property, lands, tenements or hereditaments, or any

interest in possession or reversion, remainder or contin-
gency in any estate or property moveable or immoveable,
or any goods, merchandise or effects of Avhatsoever kind
or description for or on expectation of any hire, gain,
fee or reward or valuable consideration to be therefor
paid him shall be deemed to carry on the business of an
appraiser and shall be an appraiser within the meaning
of this Ordinance.
5.—(1) Every appraiser shall take out a licence. Appraisers to
u6 110611860..
(2) Every appraiser's licence shall be granted and the Licences and
duty paid in the manner provided by section 3 (2) in the ^^^^r-
case of auctioneers' licences.
(3) On every appraiser's licence the sum of ten dollars Revenue
shall be paid. '^^^'
6 . Every person, firm or company who, Definition of
(a) as an agent lor any other person, tor or in
expectation of any fee, gain or reward of any
kind advertises for sale or letting any
furnished house or p a r t of any furnished
' house;
(b) by any public notice or adA^ertisement or by any
inscription in or upon any house, shop or
place used or occupied by him, or hy any other
ways or means holds himself out to the public
as a n agent for selling or letting furnished
houses; or
Vol. II- 16
 242
A.D. 1 9 0 6 .
Ss. 7-10.
AUCTIONEERS' LICENCES.

(c) lets or sells or makes or offers or receives any pro-

posal or in any way negotiates for the selling
or letting of any furnished house or part of
any furnished house,
shall be deemed to be a person using and exercising the
business, occupation and calling of a house agent, and shall
be a house agent within the meaning of this Ordinance.
House agents 7.—(1) Every person, firm or company carrying on the
to be licensed.
business of house agent shall take out a licence.
Licences and (2) Every house agent's licence shall be granted and
duty.
the duty paid in the manner provided by section 3 (2) in
the case of auctioneers' licences.
Revenue (3) On every house agent's licence the sum of ten dollars
dutv.
shall be paid.
Contents of
licence.
8. Every licence to be taken out under the authority
of this Ordinance shall contain and set forth
(a) the purpose, trade or business for which such
licence is granted;
(b) the true name and place of abode of the person
taking out the same;
(c) the true date or time of granting such licence; and
(d) the principal place of business at Avhich the trade
or business for Avhich such licence is granted
shall be carried on.
Expiry and
renewal of
9.—(1) Every licence shall expire on the thirty-first day
licences. of December and shall be renewed annually ten days at
least before the expiration thereof.
Penalties. (2) Any person Avho having had such licence continues
to carry on the trade or business for Avhich such licence is
granted in the year next ensuing the expiration thereof
and omits to rencAv the same as aforesaid, and any person
who carries on a trade or business required by this Ordi-
nance to be licensed Avithout taking out such licence shall,
except as in this Ordinance provided, be liable to a fine
not exceeding one thousand dollars.
Exemption of 10. It shall not be necessary for
Ofiicers of
Courts in (a) any sheriff, bailiff or other officer of a Court of
levies not Justice, acting under the authority of such
exceeding
|100. Court and appraising any goods or chattels,
Avhatever may be the value, or selling any
 243
^ . A.D. 1 9 0 6 .
*'" Ss. 11 & 12.
AUCTIONEERS' LICENCES.

' goods "or chattels, whether under writ of

seizure and sale, distress or other Avrit
or order to levy a sum not exceeding one
hundred dollars, exclusive of expenses, or
where the property to be sold is not expect
to exceed such sum, to take out a li
as an appraiser or auctioneer
Ordinance;
(b) any police officer, land office bailifi-'of^TI
public servant in any. department_ o|i
Government servic.§gto' take otft such Iwmce
as an auctioneer for the purpose pf conduct-
. ing a sale by auction held uiid&r the provisions
of any written law or departmental regula-
tion; \.J» '-^ ^^r
(c) i^.ny. person to take out a licence as an auctioneer Saieof fis
... in order to enable him to sell fish by auction sea shore.
oil the seashore Avliere the same has been first
la^^g^.:-

11.:—(1) Every "auctioneer before beginning any action FuUnameof

^ g ^ ^ ^ ^ l ^ g.ffix or suspeiid-or cause to be affixed or suspended be'dispit^ed
|^^MH8^^'''?Gket or board containing his'true and full name and at every
IpilMBtot. jnce, tainted, printed or vi^ritten in large letters, *''"'*""'"'^'"
P^^aB^Mfegly visible and legible in some conspicuous part of
^Ipyje bouse, room or place where the auction is held, so
that all persons may easily see the same, and shall also
keep such ticket or board so affixed or suspended during
the whole time such auction is being held.
(2) Any auctioneer who begins any auction or acts as
an auctioneer at any auction in any house, room or place
where his name and residence is not so painted or written
on a ticket or board so affixed or suspended as aforesaid,
shall be liable to a fine not exceeding two hundred and
fifty dollars. •

1 2 . Nothing in this Ordinance shall exempt any Noexemp-

- auctioneer from taking out in addition to the licence a^uctio'lieers
granted to him as auctioneer such further licence as is from taking
required by law to deal in or retail or vend, trade in or ucenceT^
sell any goods or commodities for which a special licence
. is required before he is permitted or authorized to sell ,^
such goods or commodities by auction. ,'
Vol. II. i 16A
244
A.D. 1 9 0 6 .
Ss. 13-15.
AUCTIONEERS' LICENCES.

Exceptions. ^Q This Ordiuauoe shall not extend to require

(a) any agent employed in the management of landed
estates to take out a licence under this Ordi-
nance for such purpose;
(b) any advocate and solicitor or conveyancer who
as such has taken out his annual certificate, or
any auctioneer having in force a licence as
such under this Ordinance to take out in
addition thereto a licence as a house agent;
(c) any auctioneer having in force a licence as such
under this Ordinance to take out in addition
thereto a licence as an appraiser;
(d) any appraiser having a licence in force under this
Ordinance to take out in addition thereto a
licence as a house agent; or
(e) any person licensed by the Governoi-> under
Ordinance No. 61 (PaAvnbrokers) for selling
unredeemed pledges to take out in addition
thereto a licence under this Ordinance for the
purpose of conducting such sales only.

Refusal and 14. The officer empoAvered to grant licences may refuse
cancellation
of licences. any application for a licence or to rencAV any IJe tree,
and may cancel the licence of any person Avho J;'^ oeen
convicted of any offence under this Ordinance Jt who
has failed to account for or pay over any moneys or
property which have come into his possession or control
as such licensed person, or if an auctioneer has parted
Avith any property entrusted to him for sale without
obtaining payment for the same and has failed to make
good to his employer the value thereof or has otherAvise
misconducted himself as an auctioneer.

JEvidence of 1 5 . The judgment of any Court of competent juris-

misconduct.
diction, whether civil or criminal, having the effect of
finding that any licensed person
(a) is liable or responsible for any money or property
come into his possession or control as sucb
licensed person under circumstances amount-
ing to a breach of trust or duty;
(b) has committed any offence as an auctioneer or
agent;
 246
A.D. 1906.
Ss. 16-18.
AUCTIONEEES' LICENCES.

(c) has contravened any statutory provision as to the

conduct of sales by auction; or
(d) has paid or agreed to pay to his employer any
part of his charges or expenses by way of
return commission when such employer is a
person accountable to any other person for the
proceeds of the sale,
shall be ground for the cancellation of his licence.
16. Any offence punishable under this Ordinance may offences
be tried by a District Court. Dist^^^ct^^
Court.
17. The issue of all licences shall be notified in the Gazetting
Gazette. ^'^"°^"'-
18.—(1) The Governor in Council may make rules and ^^°^e\,*,igg
regulations to regulate sales by public auction and to
check collusive or fraudulent sales, and such rules and
regulations may provide amongst other things for
(a) the length of notice to be given and the manner
of advertising sales on the instructions of
mortgagees acting under powers of sale or
. of any persons in a position of trust with
respect to or liable to account for the proceeds
of sale;
(b) prohibiting the sale outside the municipal limits
of the town in Singapore, George Town in
Penang and the ToAvn and Fort of Malacca
of immoveable property on the instructions of
mortgagees acting under powers of sale or of
any persons in a position of trust Avith respect
to or liable to account for the proceeds of sale
except in specified townships or villages or
at the principal or nearest police station in
the district or other specified places.
(2) The breach of any rule or regulation under this
section shall render the auctioneer liable to cancellation
of his licence.
(3) All rules shall be laid before the Legislative Council
and shall not come into force until approved by a
resolution of that Council.
246
A.D. 1 9 0 6 .
Ss. 1-5.

MINOR OFEENCES.

O r d i n a n c e No. 96.
[ORDINANCE X I I I . OF 1906;
6th July, 1906.]

To Consolidate the Law relating to Minor Offences.

Chapter I.
PRELIMINARY.
1. This Ordinance may be cited as Ordinance ,No. 96
(Minor Offences).

2. In this Ordinance, unless there is something repug-

nant in the subject or context
" Horse " includes mules and asses;
" Cattle" includes bulls, cows, bullocks and buffaloes;
" 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;
" Public road " includes every road, street, passage,
f ootAvay or square over which the public have
• a right of way.

3. FircAvorks are said to be let off " near a public road "
Avhen let off in a verandah beside a public Toad, 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.

Verandahs 4 . The opcu vcraudahs of houses abutting on the public

public roads. pQ^jg ^-^Q public roads for foot-passengers subject to all
rights of property of the owners of such houses.

Offences how 5 . All offcuces uudcr this Ordinance shall be tried by

punishable. ^ Police Court or a District Court.
 247
A.D. 1 9 0 6 .
S. 6.

MINOR OFFENCES.

Chapter II.
RULES AND ORDERS AS TO ASSEMBLIES,
PROCESSIONS, ETC.
6.—(1) The Inspector-General of Police may, subject General mies
to the approval of the Governor in Council, make general ^;y»^^'"''i'^'
rules for processions.
(a) the conduct of all assemblies and processions in
public roads, and issuing permits for the
same;
(b) requiring previous notice to be giA^en of the inten-
tion to hold such assemblies and processions;
(c) keeping order and preventing obstruction or
inconvenience in the public roads, bridges,
landing places, and all public places and
places of public resort, Avhether such public
places or places of public resort are on public
or private land;
. (d) prohibiting the passage through the streets of
vehicles constructed or loaded in such a way
as to be dangerous or inconvenient to persons
using the streets, or of vehicles not being
under proper-control; and
(e) prohibiting the use of specified streets or bridges
either absolutely or conditionally, or at stated
times to specified descriptions of traffic.
(2) The Chief Police Officer may give licences for the
use of music in the public roads on the occasion of
festivals and ceremonies.
(3) The Chief Police Officer Avith the sanction of the PI-OTISO.
Governor, or in the case of the Settlements of Penang,
Malacca and Labuan of the Resident Councillor or Chief
Civil Officer, as the case may be, may prohibit any
assembly or procession in any public road.
(4) The Chief Police Officer may issue police orders Police orders
prescribing the routes and gates by which carriages and of'trafeo!"*'""
other Avheeled vehicles shall arrive at and retire from
churches, 'theatres, town halls, government houses and
offices, courts of justice, burial places, and other places
of assembly or of public resort, and, if. the public roads are
248
A.D. 1 9 0 6 .
S. 7.
MINOR OFFENCES.

used, for fixing the places where, and the order in which
such carriages and other wheeled vehicles shall wait in
, the interval. *
Publication (5) All general rules and police orders made under this
of rules and
orders. section shall be published in the Gazette.
Penalties for (6) Any persou who infringes any general rules made
ruiM^ "^ under subsection (1), or who at any festival or ceremony
uses or causes to be used, or allows to be used any. music
in the public roads without a licence as prescribed by
subsection (2), or contrary to the terms of any such licence
shall be liable to a fine not exceeding twenty-five dollars.
(7) Any person who holds or is present assisting at any
assembly or procession in any public road held in defiance
of a prohibition by the Chief Police Officer under sub-
section (3) shall be liable to a fine not exceeding one
hundred dollars, or to imprisonment of either description
for a term which may extend to six months, or to both.
(8) Any person who infringes any police order made
under subsection (4) shall be liable to a fine not exceeding
twenty-five dollars.

ORDERS BY CHIEF POLICE OFFICER AS TO

FIREWORKS.

Orders in 7.—(1) The Chief Police Officer may, with the sanction
Gazette for
fireworks of the Governor, issue orders to be published in the
licences. Gazette authorizing the letting off of fireworks on certain
fixed days, and at certain fixed hours in places near a
public road, and may issue licences at particular times
for the letting off of fireworks in places near a public road.
Contents of (2) Every licence issued under this section shall state
licences.
the place where and hours between Avhich the fireworks
may be fired or let oft", and the description of fircAvorks to
be used.
Liability for (3^ ]\^o authority so published, or licence so issued, shall
affrctfd.°° be held to relieve any person from liability in the event of
any damage, loss or injury to person or property being
caused by the firing or lettingoff of such fireworks.
 249
A.D. 1 9 0 6 .
Ss. 8 11.
MINOR OFFENCES.

(4) Any person who lets off any fireworks in or near any Penalty,
public road, except at such times and places and in such
manner as is from time to time allowed under subsection
(1) shall be liable to a fine not exceeding twenty-five
dollars. - . '
(6) The occupier of any house from or in which, or from occupier
or in the verandah of which any contravention of sub- liable.
section (4) takes place, shall be liable to the penalty pre-
scribed as well as the person, if another person, who
commits the offence.

BURNING MATERIAL OR DISCHARGING FIRE-

ARM IN PUBLIC ROAD.
8. Any person who sets fire to or burns any material penalty,
to the annoyance, inconvenience or danger of the public,
or negligently or wilfully discharges any fire-arm or air-
gun, or sends up any fire-balloon or rocket in or near any
public road shall be liable to a fine not exceeding twenty- ,
five dollars.
DANGEROUS ANIMALS.
9.—(1) Every police officer shall secure any animal Duty of
reasonably suspected to be mad or dangerous, and any wild P°'[^^ officers
animal found at large in or near any public road under dangerous
circumstances of danger to the public. animals.

(2) 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, such police officer may shoot
or otherwise destroy such animal.
10. If it is proved to the satisfaction of a Police Court Dog running
that any dog is in the habit of running at persons or at eL^^''""""'
carriages, horses or cattle passing along a public road,
the owner of such dog shall be liable to a fine not exceed-
ing twenty-five dollars.
1 1 . Any person who negligently suffers to be at large Ferocious dos
any ferocious dog without a muzzle shall be liable to a ^^''•^'^^^•
fine not exceeding twenty-five dollars, and if the dog has
bitten, or attempted to bite any person, such dog may be
killed by order of a Police Court.
250
A.D. 1 9 0 6 .
Ss. 12 & 13.
MINOR OFFENCES.

Lettin;. loose ^ 2 . AQV person who sets on or urges anv dog or Other
dog or other • \ . ''-"T i , • e " • u
apimai. animal to attack, worry or p u t m fear any person, horse
or other animal, shall be liable to a. fine not exceeding
fifty dollars. ' .
NUISANCES.
Penalty. 1 3 . Any person who commits any of the. following
offences shall be liable to -a fine not exceeding twenty-
five dollars :—-.
Affixing hills (a) without authority in the case of public property,
or otherwise
defacing or Avithout the consent of the owner or occu-
houses, etc. pier 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, Avail or fence, or Avrites upon, defaces *
or marks any such building, wall or fence
with chalk or paint, or in any other way;
Bathing in (b) bathes or washes himself, or any other person,
public.
animal or thing on any public road, or in,
upon or by the side of any public tank, reser-
voir, watercourse or stream, the use of which
for bathing has been forbidden by the Chief
Police Officer;
Obstructing
person
(c) obstructs or incommodes a person bathing at any
bathing. place set apart as a bathing place by wilful
intrusion, or by washing any animal at or
near such place, or in any other way;
Exposing (d) Avilfully or indecently exposes his person, or com-
person.
mits a nuisance by easing himself in or by the
side of, or near to any public road or public
place;
Not burying (e) being the owner or person in charge of any animal
dead animal.
does not, if such animal dies, dispose of its
carcass in such way as not to be a common
nuisance;
Placing dead
animal on (/) places on or near any public road any dead
road. animal;
Spitting. (g) spits on the floor of any school house, theatre,
public building, or other place of public enter-
tainment or assembly, or in any licensed
public vehicle, or in any tram or raihvay car,
or on any Avharf or jetty, or on any five-foot
Avay or side Avalk of a public street.
 251
A.D. 1 9 0 6 .
• . S.14.
MINOR OFFENCES.

OFFENCES RELATING TO ANIMALS AND

VEHICLES.
. 1 4 . Any person Avho commits any of the following Penalty.
offences shall be liable to a fine not exceeding twenty-
five dollars : —
(a) being the owner or person in charge of any 4-°™^^?^
animal alloAvs the same to injure any tree or trees,etc.
plant, or fence round any tree or plant, in or
at the side of any public road, or to graze on
the side of any public road, or allows any pig
to root in any public road, or on the side
thereof, or in any Crown lands or lands in
the possession of any public institution;
(i) all damage done by such animal shall be J^^mage
1 1 T T-. T i-^ 1 1 n 1 recoverable
assessed by the Police Court, and shall be as fine.
recoverable in the manner provided by law
for the recovery of fines before Police
Courts from the owner of the animal,
together with any amounts to be levied as
fines;
(ii) the Chief Police Officer may, whenever he ^^sf ™°''"s
finds it necessary, give orders for the kiUed.*^
killing of pigs found rooting on the public
roads or Crown lands, or lands in the
possession of any public institution, and
the carcass of any pig so killed, if not
removed within twelve hours, shall be
buried by the police;
(iii) the Chief Police Officer shall not issue
orders for the killing of pigs found rooting
on any public road or Crown lands, or lands
in the possession of any public institution,
until notice in writing of the intention to
issue such order has been posted up
in such road or Crown lands, or lands in
the possession of any public institution, at
least twenty-four hours beforehand, and
until proclamation of such intention
has been publicly made throughout such
road or CroAvn lands, or lands in the
possession of any public institution;
 252
A.D. 1 9 0 6 .
S. 14.
MINOR OFFENCES.

Training (b) trains or breaks any horse in any public road or

horse in
public road. public place except in such places and at such
times as are allowed by the Chief Police
Officer;
Improperly
leading horse
(c) leads any horse or cattle on any public road in
or cattle. 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;
Driving
cattle.
(d) drives any cattle on any public road in such a
manner as not to have a proper control over
them, or in such a manner as to cause danger
or obstruction to the public;
Buffaloes. (e) leads or drives any buffalo on any public road
Avithout having the horns of such buffalo
covered Avith a bar of wood in such manner as
the Chief Police Officer directs;
Dri-ying (/) drives, rides or leads any elephant or camel on a
elephant or
camel. public road without permission from the
Chief Police Officer;
Driving with- (g) drives, pushes or pulls any vehicles, other than a
out lights.
motor car, traction engine or cycle, on any
public road at any time between half an hour
after sunset and one hour before sunrise
(i) without a sufficient light placed on the
extreme right or off side of the vehicle in
such a position as to be free from all ob-
struction and to be clearly visible as a
A'^^hite light within a reasonable distance
imthe direction towards which the vehicle
is proceeding and as a red light in the
opposite direction, and
(ii) where the load carried by the vehicle pro-
jects more than three feet from the rear of
the vehicle, without a second light attached
to the end of such projecting load on the
right or off side thereof so as to be clearly
visible as a red light within a reasonable
distance to the rear;
Cycling with-
out lights.
(//.) rides or pushes any cycle on any public road at
any time between half an hour after sunset
and one hour before sunrise
 253
A.D. 1 9 0 6 .
S. 14.
MINOR OFFENCES.

(i) without a sufficient light attached to the

front p a r t of the cycle in such a position
as to be free from all obstruction and to be
clearly visible as a white light within a
reasonable distance in the direction
towards which the cycle is proceeding,
and
(ii) if the Governor so directs by notification
in t h e Gazette, Avithout a second light
attached to the rear of such cycle so as to
be clearly visible as a red light within a ,,.^,,.
reasonable distance to the rear or a red
reflector or other similar device of reason-
able dimensions affixed to the rear of such
cycle;
(i) leads or rides any animal or draws, pushes, rides
or drives any vehicle upon any public foot-
way;
(j) without reasonable cause draws, pushes, rides or •'^^''^™^gj7g ^j
drives any vehicle otherAvise than on the left road.
side of the road;
(k) negligently allows any horse, cattle, goat, sheep ^^y"^^
or pig to stray upon any public road or the stray.
ground or property of a private person;
[l) 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;
(m) being in charge of any cart, (*.rriage, cattle or ^^ehieie not
horse leaves the same at such a distance as not under control
to have it under due control, or is found asleep whiieT'^^
while so in charge; charge of
same
[n) causes or allows any carriage, cart or vehicle for obstruction
the conveyance of persons or of goods or other '"'i*'^ vehicles
articles, whether with or Avithout horses or
cattle to rest in any public road, except in •
such places as are appointed for that pur-
pose under any law in force for the time being,
for a longer time than is absolutely necessary
to take up or set doAvn any persons, or to load
or unload any goods or other articles, or to
. collect hire;
254
A.D. 1 9 0 6 .
S. 15.
MINOR OFFENCES.
Obstruction (o) exposes in any public road for show, hire or sale
by exposing
for show any horse or other animal, or any vehicle, or
horse or cleans or dresses any horse or other animal, or
repairing of
cleaning cleans any vehicle, or makes or repairs any
vehicle.
part of any vehicle except in case of accident
Avhere repair on the spot is necessary, in such
a manner as to interfere with the traffic in
such road;
Driving (p) drives any horse or pony from the left or near
wrongly.
side of the vehicle drawn by such horse or
pony or drives any motor cycle otherwise than
from the seat of such cycle;
Driving with (q) drives or is in charge of any vehicle, the plate
the plate
number number affixed to which or the number marked
hidden from
on which is hidden from vicAv either with his
body or by any article Avhatsoever, so that the
said number cannot be distinctly seen;
Carrying (/') being the rider of a cycle seated for one person
another on
single-seated ])ermits another person to be carried on such
cycle. ,
cycle on any public road.

OTHER OFFENCES.
Penalty. 15. Any person who commits any of the following
offences shall be liable to a fine not exceeding twenty-
five dollars :—
Placing
article on
(a) lays any stone, brick or other article on any public
public road. road so as to cause an obstruction thereto, or
so aft to make the use of the road less
convenient;
Not removing
article fallen (b) allows to remain on any public road any article
from vehicle. which has fallen from any vehicle of Avhich he
is in charge;
Disobeying
traffic ((^ disobeys any laAvful order given by a police
regulations. officer in uniform engaged in regulating
traffic on a public road;
Obstructing (d) causes or alloAvs goods or other articles to rest on
road with
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 publio for
a longer time than is absolutely necessary
 25S
A.D. 1 9 0 6 .
S. 16.
MINOR OFFENCES.

for loading or unloading such goods or other

articles;
(e) flies any kite, or plays at any game, or does any Flying wte
act which obstructs or interferes Avith the "0^1^'^^^"'
. traffic in any public road, or the use of the
wires of any telephone;
(/) uses any indecent, threatening, abusive or insult- f^^^^'^®
ing words, or behaves in a threatening or ^^^^s"-
insulting manner, or posts up, or affixes, or
exhibits any indecent, threatening, abusive or
insulting written paper or draAving Avith
intent to provoke a breach of the peace, or
Avhereby a breach of the peace is likely to be
occasioned;
(g) without the permission in writing of the Chief Beating
Police Officer beats within the limits of any tomtoms, etc
town or village betAveen the hours of 11 p.m.
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;
(i) notwithstanding that such permission in
writing has been given, any police
officer not under the rank of inspector, on
the complaint of a house-holder that the
noise of any such instrument is dangerous
to any sick person living near the place
where such noise is going on, or for other
good and sufficient reason, may enter upon"
the premises where the ifoise is, and after
Avarning stop the same, either by the
removal of the instruments or the dispersal
of those assembled there;
(ii) paragraph (g) shall not be held to apply
to military music.
16.—(1) Any person who in any river or canal in Obstruction
Avhich the public have a right of navigation, without ™ f'^"^'^-^'o-
the written permission of the Chief Police Officer or of
the Conservator of the Port,
(a) leaves anyboat or vessel at any place for a longer
time than is necessary for loading and
unloading;
J
256
A.D. 1 9 0 6 .
Ss. 17 & 18.
MINOR OFFENCES.

(&) refuses to move his boat or vessel away from such

place when so directed by any police officer;
(c) leaves any raft or log or piece of timber or plank
in any such river or canal more than one day
after its arrival therein; or
(d) erects in any such river or canal any stage or
scaffolding,
shall be liable to a fine not exceeding twenty-five dollars.
(2) Such boat, vessel, timber, raft or plank may be
removed by the police.
.(3) The expense of such removal shall be recoverable
as a fine from the owner or person in charge of the
same, and if not paid by him may be recovered by dis-
tress and sale of the property of such person and of
such boat, vessel, timber or raft.

Penalty for 17. Any person who deposits or causes to be deposited

depositing
corpse or anjr corpse or any dying person in any public place or
dying person. in any private place without the consent of the OAvner
shall be liable to a fine not exceeding two hundred and
fifty dollars, or to imprisonment of either description
for a term Avhich may extend to six months or to both.

Chapter III.

ARMY, NAVY, POLICE AND MARINE.

Unlawful 18. Any person who knowingly detains, buys,
possession of
naval, exchanges or receives from any person subject to the
military or
police stores.
Articles of War for His Majesty's Army, or His
Majesty's Indian Army, or His Majesty's NaA^-, or from
any member of the Malay States Guides, or of the Police
Force of the Colony, or of the Federated Malay States,
any arms, ammunition, accoutrements, clothing, regi-
mental or other military, naval or police necessaries, or
other property belonging to His Majesty, or to the
Colonial Government, or to the Government of the
Federated Malay States, or any medal for good conduct,
or for distinguished or other services, or who has in his
possession or keeping any such arms, ammunition,
accoutrements, clothing, regimental or other military.
 257
A.D. 1 9 0 6 .
Ss. 19 & 20.
MINOR OFFENCES.

naval or police necessaries, or other property or medals

as above, and does not give a satisfactory account how
he came by the same, shall be liable to a fine not exceed-
ing twenty-five dollars, or to imprisonment of either
description for a term which may extend to one month.

1 9 . Any person who not being amenable to the Penalty for

Articles of War for His Majesty's Army, or His in^oTarracks
Majesty's Indian Army, or His Majesty's Navy, takes ^""^/^^^^
or attempts to take into any military barrack, guard-
room, or encampment, or on board or alongside of any
vessel-of-war belonging tO' or transport hired by His
Majesty, or vessel in the service of the Government of
the Colony in any port of the Colony, or into any police
barrack, police station or lock-up, any intoxicating
liquor, drug or preparation, without the licence in
writing of the commanding officer, unless such articles
are intended for some person above the rank of non-
commissioned officer, shall be liable to a fine not
exceeding fifty dollars, or to imprisonment of either
description for a term which may extend to two months,
and such liquor, drug or preparation and the vessels con-
taining the same shall be forfeited.

2 0 . Any officer or non-commissioned officer of His Power to

Majesty's Army, or of His Majesty's Indian Army, and
any officer or warrant or petty officer of His Majesty's
Navy, or non-commissioned officer of Marines, may with
or without warrant arrest any person
(a) loitering in the vicinity of any barracks or
encampment,
(b) found in a boat hovering about any of His
Majesty's ships,
and suspected of committing or attempting to commit ecn
offence aerainst section 19, and such person may be brought
before a Police Court to be dealt with according to law.
(2) Any officer or warrant or petty officer of His Boats maybe
Majesty's Navy, or non-commissioned officer of Marines,
may Avithout warrant search any boat which is hovering
about one of His Majesty's ships, and which there is
reason to suspect is being used for the commission of an
offence against section 19.
Vol. J I . 17
258
A.D 1 9 0 6 .
Ss. 21-26.
MINOR OFFENCES.

Penalty for 2 1 . ADV pcrsou who Avilfully harbours or conceals

orconc"aifng any pcrsoii employed or engaged in any capacity on
veeseir *'"" board any ship belonging to the Navy of any Foreign
State, or on board any merchant vessel, whether under
the British or any foreign flag, knowing or having
reason to believe such person to be a deserter, shall be
liable to a fine not exceeding one hundred dollars.
Supplying 2 2 . Any keeper or person in charge of any tavern or
coirstebi'es"'on othcr place for the sale of any intoxicating liquor, drug
<i"'y or preparation Avho permits any police officer on dutv to
drink or use any intoxicating liquor, drug or preparation,
or to remain, loiter or conceal himself in such tavern or
place, or upon any premises belonging thereto, shall be
liable to a fine not exceeding fifty dollars.

Chapter IV.
OTHER OFFENCES.
Gaming in 2 3 . Any person who is found gaming with cards,
public.
dice, counters, money or other instruments in any public
road, public place, or place of public amusement or
resort, shall be liable to a fine not exceeding twenty-five
dollars, or to imprisonment of either description for a
term which may extend to three months, and the instru-
ments of galming shall be forfeited.
Drunkenness
and
2 4 . Any person who is found drunk and incapable of
disorderly taking care of himself, or'is guilty of any riotous, dis-
behaviour in orderly or indecent behaviour in any public road or in
public places.
any public place or place of public amusement or resort,
or in the immediate vicinity of any Court or of any
public office or police station or place of worship, shall
be liable to a fine not exceeding ten dollars, or to
imprisonment of either description for a term which
may extend to fourteen days, and on a second or subse-
quent conviction to a fine not exceeding twenty-five
dollars or to imprisonment of either description for a
term which may extend to three months.
wofui 2 5 . Any person Avho without satisfactory excuse
propOTtV" wilfully trespasses on any ground belonging to Govern-
ment or appropriated to public purposes, or in or on
 259
A.D. 1 9 0 6 .
Ss. 26 & 27.
MINOR OFFENCES.

any dwelling house or premises or any land or ground

attached thereto, or on any boat or vessel, not thereby
in any of the above cases causing any actual damage,
or not causing in the opinion of the Police Court more
than nominal damage, shall be liable to a fine not
exceeding ten dollars.

26.—(a) Any person found between sunset and sunrise Apprehension

armed with any dangerous or offensive instrument with person^s!"*^*^
intent to commit any criminal offence;
(6) any reputed thief found between sunset and sun-
rise on board any vessel or boat, or lying or loitering in
any bazaar, street, road, yard or other place who does
not give a satisfactory account of himself;
(c) any person found between sunset and sunrise having
his face covered or otherwise found disguised with
intent to commit any criminal offence;
(d) any person found between sunset and sunrise in
any dwelling house or other building Avithout being able
satisfactorily to account for his presence therein;
(e) any person having in his possession without lawful
excuse, the proof of which excuse shall be on such person,
any implement of house-breaking,
may be taken into custody by any police officer Avithout a
warrant, and shall be liable to imprisonment of either
description for a term which may extend to six months,
and any such instruments or implements found in the
possession of such person shall be forfeited.
2 7 . Any person who not being amenable to the Carryic,.
Articles of War for His Majesty's Army, or His p™Hc°
Majesty's Indian Army, or His Majesty's iNlavy, or a
person- in the service of the Colonial Government, or a
police officer, or a member of any Volunteer Corps in
the Colony, goes armed with any sword, fire-arm or
other offensive weapon in any public road, public place,
or place of public amusement or resort, unless by leave
of the Chief Police Officer, shall be liable to be arrested
without warrant and disarmed by any police officer,
and on being brought before a Police Court shall be
liable to a fine not exceeding twenty dollars, and the
arms may be forfeited.
Vol. I I . 17A
 260
A.D. 1 9 0 6 .
Ss. 28-30.
MINOR OFFENCES.

Pennlty for 2 8 . Any person who takes or attempts to take with-

taking npirits,
etc., into out due permission into any public hospital any intoxi-
public
hospital. cating liquor, drug or preparation, shall be liable to a
fine not exceeding twenty-fiA^e dollars, or to imprison-
ment of either description for a term which may extend to
two months, and such liquor, drug or preparation and the
vessels containing the same shall be forfeited.

Boat 29.—(1) Whenever any accident occurs to a boat

accidents.
attended with loss of life the owner or person in charge
of the boat shall forthwith report the circumstances at
a police station.
(2) Any owner or person in charge, as the case may
be, who without lawful excuse neglects or delays to
make such report shall be liable to a fine not exceeding
twenty-five dollars.

Chapter V.
VAGRANTS.
Fortune 30.—(1) Any person who
telling.
(a) pretends or professes to tell fortunes, or uses any
subtle craft, means or device by palmistry,
divination, sortilege, or otherwise to deceive
and impose on any one;
Wandering. (b) lodges in any shed or out-house Avithout the per-
mission of the owner thereof, or in any
deserted or unoccupied building, or in the
open air, or under a tent, or in or under any
cart or Avaggon or other similar shelter, not
having any visible means of subsistence and
not giving a good account of himself;
Begging. (c) begs for alms or endeavours by the exposure of
wounds, sores, disease or deformities to obtain
alms;
Fraudulent
collection of (d) endeavours under any false or fraudulent pre-
charity. tence to procure charitable contributions of
any kind,
Fuuiehment
of vagrants. shall be liable to imprisonment of either description for
a term which may extend to tAvo months or to a fine not
 261
A.D. 1 9 0 6 .
Ss. SI & 82.
MINOR OFFENCES. •
exceeding twenty-five dollars, and on a second or subse-
quent conviction, to imprisonment of either description
for a term which may extend to four months, or to a
fine not exceeding fifty dollars, or to both.
(2) The Court may order to be forfeited any book or
other article used as an implement of fortune-telling.

CJiapter VI.
EATING HOUSES, ETC.
31.—(1) The Chief Police Officer may grant licences Eating houses,
to the keepers of eating houses, coffee houses, boarding [/"ji^ed^^
houses, lodging houses, or other places of public resort
•and entertainment wherein provisions or refreshments
are sold or consumed.
(2) Every such licence shall be issued upon such condi-
tions to be inserted therein as the Governor prescribes
for securing the good behaviour of the keepers of such
houses or places of public resort and entertainment and
for the prevention of drunkenness and disorder among
the persons frequenting or using the same.
(3) Every such licence shall be granted by the Chief
Police Officer for any term not exceeding one year.
(4) No licence under this section shall be required in
the case of houses licensed under the provisions of the
laws relating^i^ to the Revenue or Excise.

(5) For every licence granted under this section there

shall be levied a fee of one dollar.

32.—(1) Any person Avho keeps an eating house. Penalty for'

coffee house, boarding house, lodging house, or other unbSed
place of public resort and entertainment to Avhich eating house,
section 31 applies, without a licence from the Chief etc.
Police Officer, shall be liable to a fine not exceeding
twenty-five dollars for every day during which such
house or place is kept open.
,/ (2) Any person who is guilty of a breach of anv of
"the conditions of a licence held by him under section 31
shall be liable to a fine not exceeding fifty dollars and to
the forfeiture of his licence.
262
A.D 1 9 0 6 .
Ss. 33 & 34.
MINOR OFFENCES.

Penalty for 3 3 . Anv person who being the keeper of any house
improper
management licensed under this Chapter, or under the laws relating
of house of to the Revenue or Excise as a public house, or licensed as
public resort.
a retail liquor shop, or used as a place of ]niblic enter-
tainment or public resort
(a) knowingly permits drunkenness or other dis-
. orderly behaviour in such house;
(b) knoAvingly suffers any gaming therein;
knowingly permits prostitutes, thieves or re])uted
(c)
thieves or persons of notoriously bad character
to meet or remain therein;
(d) knoAvingly allows the deposit therein of goods,
having reasonable cause to believe them to be
stolen,
shall be liable to a fine not exceeding fifty dollars or to
imprisonment of either description for a term which may
extend to three months, and to the forfeiture of his licence,
if any.

Chapter VII.

POUNDS.
Public pounds
to be
34.—(1) Public pounds shall be provided and pound-
provided keepers appointed at such places as the Governor
directs.
Stray animals (2) Any person may and any police officer shall seize
to be
impounded all horses, cattle, goats, sheep and pigs found straying
and sold if
not claimed upon the public roads or trespassing on the grounds or
within ten property of any person or of the Government, and
days.
confine such animals in any public pound.
(3) Any animal so impounded may be redeemed by the
owner thereof within ten days after being so impounded
on payment to the pound-keeper of such fee as is fixed
from time to time by the Governor and published in the
Gazette and of the expenses of feeding the same while
impounded according to the rate to be fixed from time to
time by the Chief Police Officer.
(4) Any animal not so redeemed as aforesaid may be
publicly sold by order of the Chief Police Officer, and the
proceeds of such sale after deducting the said fee and the
 263
. • A.D. 1 9 0 6
S. 86.
MINOR OFFENCES.
expenses of feeding shall be paid to the OAvDer of such
animal, or if not claimed Avithin a period of three months
after such sale shall be retained by the Chief Police Officer
and paid into the Treasury.
(5) Any person who takes any animal out of a public Penalty for
pound without the knowledge and consent of the pound- p^^'^'ibreach.
keeper shall be liable to a fine not exceeding twenty-five
dollars.

Chapter VIII.
FRAUDULENT POSSESSION OF PROPERTY.
35.—(1) Any person Avho has in his possession or Fraudulent
conveys in any manner anything which may be reason- P°^pgj^|°° -^
ably suspected of being stolen or fraudulently obtained
shall, if he fails to account satisfactorily how he came
by the same, be liable to a fine not exceeding fifty
dollars, or to imprisonment of either description for a
term which may extend to three months.
(2) If any person charged with haAdng or conveying
anything stolen or fraudulently obtained declares that
he received the same from some other person, or that
he Avas employed as a carrier, agent or servant to.convey
the same for some other person, the Court may cause every
such other person, and also, if necessary, every former or
pretended purchaser or other person through whose pos-
session the same has passed, provided that such other
jDerson is alleged to have had possession of the same
within the jurisdiction of such Court, to be brought
before it and examined, and shall examine witnesses
upon oath touching the same.
(3) If it appears to such Court that any person so
brought before it had possession of such thing and had
reasonable cause to believe the same to have been stolen
or fraudulently obtained, such person shall be liable to
a fine not exceeding fifty dollars, or to imprisonment of
either description for a term Avhich may extend to three
months.
(4) The word "possession" in subsections (1), (2) and
(3) includes possession in a house, building, ship, vessel,
boat or other place as well as possession in a public road
or place.
264
A.D. 1 9 0 6 .
S. 35.
MINOR OFFENCES.

(5) Any person who

(a) having been convicted of an offence punishable
under this section or under Chapter X I I .
or Chapter XVII. of the Penal Code; or
(b) having been convicted in the Federated Malay
States or in the State of Brunei of an offence
of a nature similar to any of those offences,
is subsequently convicted of an offence punishable under
this section shall be liable to a fine not exceeding one
thousand dollars, or to imprisonment of either description
for a term which may extend to two years.
Search for
))ropert3'
(6) If information is.given on oath to a Police Court
stolen or that there is cause to suspect that any property which
fraudulently
obtained.
may be reasonably suspected of being stolen or fraudu-
lently obtained is within any house, building, ship,
vessel, boat or other place, such Police Court may, by
warrant directed to any police officer, cause such house,
building, ship, vessel, boat or other place to be entered
and searched at any hour of day or night.
(7) The information mentioned in subsection (6) shall
describe the property which it is reasonably suspected
has been stolen or fraudulently obtained, and shall also
describe the house, building, ship, vessel, boat or other
place in Avhich such property is suspected to be.
(8) If upon the making of the search any property,
such as that described in the information, is found
in the house, building, ship, vessel, boat or other place,
the police officer making the search or some other
police officer shall convey such property before a Police
Court or guard the same on the spot or otherwise dispose
thereof in some place of safety.
(9) The police officer making the search or some other
police officer shall also take into custody and carry before
a Police Court every person in such house, building, shi{),
vessel, boat or other place in whose possession or under
whose control such property is found.
(9) The provisions of sections 65 and 66 of the
Criminal Procedure Code shall apply to searches made
under subsections (6), (7), (8) and (9).
 265
A.D. 1 9 0 6
Ss. 36-38.
MINOR OFFENCES.

36.—(1) When any property has been stolen or Second-hand

dealers and
fraudulently obtained, and a written description of such money
property has been given by any police officer to any dealer changers to
report
in second-hand goods or money changer, and property property
stolen or
answering the description of such property is in the fraudulently
possession of such dealer or money changer or afterwards obtained.
comes into his possession or is offered to him for sale or
exchange, he shall without undue delay give information
thereof to the Chief Police Officer or at a police station,
and shall at the same time state the name and address
given by the person from whom he received such property
or by whom it was offered to him for sale or exchange.
(2) Any person who fails to give such information as Penalty.
he is required to give by this section shall be guilty of an
offence and liable to a fine not exceeding twenty-five
dollars : provided that when, in the opinion of the
Court, the property is of such a nature as to be difficult
to identify no fine shall be inflicted under this section
unless the Court is of opinion that the property has
been Avilfully concealed by the accused.
37. If any pawnbroker or dealer in second-hand goods If stolen or
fraudulently
or worker in gold or silver, after receiving information obtained
that any metals, goods or articles of any description have articles are
defaced b y
been stolen or fraudulently obtained, melts, alters, defaces dealer after
information •
or puts away the same or causes the same to be melted, he shall be
altered, defaced or put away without having previously guilty of an
offence.
received permission of the Chief Police Officer, and it
is found that such metals, goods or articles were stolen,
or fraudulently obtained,- such pawnbroker, dealer or
worker shall be liable to a fine not exceeding five hundred
dollars or to imprisonment of either description for a
term which may extend to six months.

Chapter IX.
MAINTENANCE OF WIVES AND CHILDREN.
38.—(1) If any person neglects or refuses to maintain '^once Court
his wife or legitimate child unable to maintain itself, OTderX-*^
a District Court or Police Court upon due proof ^''^"j^'"*"^'''
thereof may order such person to make a monthly allow- chiUren.
ance for the maintenance of his Avife or such child as
286
A.D 1 9 0 6 .
S. 38.
MINOR OFFENCES.

aforesaid in proportion to the means of such person as

to the Court seems reasonable.
(2) If any person neglects or refuses to maintain his
illegitimate child unable to maintain itself, a District
Court or Police Court on due proof thereof may order
such person to make such monthly allowance not exceed-
ing ten dollars as to the Court seems reasonable.
(3) Such allowance shall be payable from the date of
such neglect or refusal or from such later date as the
Court directs.
.\monnt, how (4) If auy person neglects to comply with any such
levied. order the Court may for every breach of the order
by warrant direct the amount due to be levied in the
manner by law provided for lev^dng fines imposed by a
Police Court, or may sentence him to imprisonment of
either description for a term which may extend to one
month for each month's allowance remaining unpaid.
Proviso where (5) If any pcrsou against whom an order has been
Tparate^om ^ppli^d for or made for the maintenance of his wife,
husband. offcrs to maintain his wife on condition of her living
with him, and his wife refuses to live with him, the
Court may consider any grounds of refusal stated by
such wife, and may make or enforce the order afore-
said, notwithstanding such offer, if satisfied that such
person is living in adultery or that he has habitually
treated his wife with cruelty.
Cases in (6) No Avifc shall be entitled to receive an allowance
no't^entrtied to ^^om her husband under this section if she is living in
allowance. adultery, or if without any sufficient reason she refuses
to live Avith her husband.
Allowance (7) On the application of any person receiving or
TOrled? ordered to pay a monthly allowance under this section,
and on proof of a change in the circumstances of such
person, his wife or child, the Court may make such altera-
tion in the allowance ordered as it deems fit.
Enforcement (8) A copy of the ordor of maintenance shall be given
of payment, ^Q I^^Q porsou for Avhosc maintenance it is made or to the
guardian of such person, and payment shall be enforce-
able by a Police Court in any Settlement where the person
to Avhom the order is addressed is found on production
of the copy of the order, and on the Court being satisfied
as to the identity of the parties and the non-payment of
the sum claimed.
 . 267
A.D. 1 9 0 6 .
Ss. 39 & 40.
MINOR OFFENCES.

Chapter X.
MISCELLANEOUS.
39.—(1) Any police officer may arrest without warrant Power of
any person offending in his view against any of the pro- '^"''^*'
visions of this Ordinance, and take him before a Police
Court to be dealt with according to law.
(2) Any animal, conveyance or article concerning by or
for which an offence has been committed may be seized
and taken to a pound or police station unless given up
sooner by order of a Police Court, until the charge is
decided in due course of law.

40.^—(1) Any person lawfully arrested under section 26 Finger*

or 35 shall, on demand by a police officer, allow impres- XCet™' °^
sions of his fingers to be taken.
(2) Any Court by which a person is convicted of an
offence under either of the said sections, and sentenced to
pay a fine, may order that the finger impressions of such
person shall be taken in the presence of such officer of the
Court as is prescribed.
(3) A statement in any certificate purporting to be
signed by any officer of the Court and sealed with the seal
of the Court that a person has been convicted under either
of the said sections, and that the finger impressions
which appear on such certificate are those of the person
so convicted shall be evidence of the facts so stated.
268
A.D. 1907.
Ss. 1-5.

, SINGAPORE WATERWORKS LOAN.

Ordinance No. 97.
[ORDINANCE I I I . OF 1907;
18th January, 1907.]
To enable the Municipal Commissioners of Singapore to
borrow money for the construction of Water Works.
Short title. 1. This Ordinance may be cited as Ordinance No. 97
(Singapore Water Works Loan).
Commis- 2. Subject to this Ordinance the Municipal Commis-
empowered to siouers of Singa[)ore may borrow from t h e Government a
borrowsumof gum uot exceeding eight million one hundred and fifty
' • thousand dollars.
Sum to be 3 , Such sum may be raised by the Governor by the
, IIITN"" "^ issue of stock or debentures under the General Loan and
XXV. of 1906. Inscribed Stock Ordinance, 1906, and shall be issued
to the Municipal Commissioners at a rate of interest of
one-half per centum above the rate at which such stock
or debentures have been issued.
Payoientof 4.—(1) The Muuicipal Commissioners shall, in each
interest. half-year ending with the day on which the interest on
such stock or debentures or both falls due, appropriate
out of the rates and taxes and other receipts of the
Singapore Municipality a sum equal to one-half year's
interest together with a sum equal to one-quarter per
centum on the amounts received by them and shall pay
over the sums so appropriated to the Treasurer.
(2) After the date specified from which provision for
a sinking fund is to be made in the Ordinance authoris-
ing the Governor to raise a loan the Commissioners shall
on the days aforesaid further appropriate out of the
said rates and taxes and other receipts of the Munici-
pality for the formation of a sinking fund an additional
sum of one-half per centum per annum on the said
amounts received by them and shall pay over the sum so
appropriated to the Treasurer.
Expenditure 5_ Ally suiu bori'oAved bv the said Municipal Commis-
sioners under this Ordinance, or so much thereof as is
' required, shall be expended in the extension of the filter
 269
AD. 1 9 0 7 .
Ss. 6 & 7.
SINGAPORE WATER WORKS LOAN.

beds in Bukit Timah Road and the construction of water

vA-^orks in the Districts of Kalang and Seletar.
*-&
6. All sums advanced by the Government to the '^''QJ.^?'^^''
Municipal Commissioners under this Ordinance shall, ance to be
subject to any charges created under existing loans or ^^^^'^^' ^^ °"^
loans already authorized by the Governor in Council, be property
a first charge upon the aforesaid rates and taxes and s^itject to
1 - 1 / . T i . j r - - T / - i • existing loans
Other receipts and property of the Municipal Commis-
sioners.
7.—(1) Where the Commissioners make default for a Receiver may
• t o T . • n °^ appointed
period ot twenty-one days m paying an amount of not in case of
less than two thousand five hundred dollars, whether in oommL^^
.one sum or in separate sums, for the time being due by sioners.
them to the Government under this Ordinance, the
Attorney-General may apply to the Supreme Court for
the appointment of a receiver.
(2) Any receiver so appointed, subject to any direc-
tions which may be given by the Court, shall raise as
hereinafter mentioned by or out of the rates and
taxes and other receipts charged as aforesaid suffi-
cient money to pay the amount the payment of which
is so in default and all *sums due while he is receiver
together with all costs, charges and expenses incurred in
or about the appointment of such receiver and the execu-
tion of his duties under this section including a proper
remuneration for his trouble and shall render to the
defaulting Commissioners the balance, if any, remaining
in his hands after making the said payments.
(3) For the purpose of raising the said money the
receiver shall have the same power as the defaulting
Commissioners of levying Municipal rates and taxes and
other Municipal dues and the receiver shall have access
to and use of the documents of the defaulting Commis-
sioners relative to such rates and taxes and other dues
as he requires.
(4) Nothing herein shall affect the right of the Crown
to recover by procesdings under Ordinance No. 22 (CroAvn
Suits) any sums due under this Ordinance.
270
A.D. 1 9 0 7 .
Ss. 1-4.

LOAN.

Ordinance No. 98.

[ORDINANCE IV. OF 1907;
15th February, 1907.]
To raise the sum of seven million eight hundred and
sixty-one thousand four hundred and fifty-seven
pounds.
Short title. 1. This Ordinance may be cited as Ordinanoa No. 98
(Loan).
The Governor 2. The Governor is hereby authorized to issue stock
may borrow.
Old. No. or debentures or both under the General Loan and
XXV. of Inscribed Stock Ordinance, 1906, to an amount sufficient
1906.
to produce, as nearly as may be, the sum of seven million
eight hundred and sixty-one thousand four hundred and
fifty-seven pounds and such further sum as is necessary
to defray the expenses of issue, and the sum so raised,
after defraying the expenses of issue, shall be appro-
priated and applied to the purposes specified in the
schedule.
Contribution 3 . Contribution to Sinking Fund as contemplated by
Fund''^'°° sections 10 and 24 of the said Ordinance shall commence
ten years from the date of the first issue of debentures or
stock under this Ordinance.
Secretary of 4. The Secretary of State for the Colonies may
State may
appoint appoint two or more persons as he deems fit to be the
Trustees of
Sinking
trustees of the Sinking Fund mentioned in section 3, and
Fund. may remove such persons from office and appoint others
in their stead.

SCHEDULE.
APPHOPEIATION OF SUM BOHUOWED.

1. Payment of A^vard and Costs under " T h e £

Tanjong Pagar Dock Ordinance, 1 9 0 5 " ... 3,390,000
2. Redemption of outstanding Debentures of the
Tnnjong Pagar Dock Board 151,670
 271
A.D. 1 9 0 7 .
Schedule.
LOAN.

3. Tanjong Pagar Construction Works :— £

(1) Main Wharf, Lagoon Dock and Graving
Dock 2,092,600
(2) Prai River Dock—Improvements to and
reconstruction of Wharves ... ... 70,000
4. Singapore Harbour Works 1,264,000
5. Singapore Municipal Water Works ... ... 523,187
6. Penang Pier Extension and General Harbour
Improvements and repayment of |600,000
(£70,000) borroAved from the Federated
Malay S-tates on account of Penang Pier ... 200,000
7. Penang Municipal Loan—Improvement of Water
Supplj' and other-works ... ... 170,000
£7,861,457
272
A.D. 1907.
Ss. 1-6.

MEDICAL REGISTRATION
Ordinance No. 99.
[ORDINANCE X L OF 1907;
21st June, 1907.]
To provide for the registration of Medical Practitioners.
Short title.
1. This Ordinance may be cited as Ordinance No. 99
(Medical Registration).
Medical
Council. 2.—(1) A Medical Council to be called " The Medical
Council of the Straits Settlements and of the Federated
Malay States " shall be established within the Colony.
(2) Such Medical Council shall be a body politic and
corporate with perpetual succession and shall have a
common seal.
Composition 3.—(1) The Medical Council shall consist of
of Council.
(a) the Principal Civil Medical Officer;
(b) two other Medical Officers in the public service
of the Colony to be nominated by the
Governor;
(c) two Medical Officers in the public service of the
Federated Malay States to be nominated by
the Chief Secretary of those States; and
(d) four registered medical practitioners, two
resident in Singapore and two in Penang, to
be nominated by the Malaya Branch of the
British Medical Association.
Eulargement (2) The Governor in Council by notification to be pub-
ot Council.
lished in the Gazette may increase the number of the
members of the Medical Council and may provide in what
manner the additional members shall be appointed.
President. 4 . The Principal Civil Medical Officer shall be the
President of the Medical Council and shall have a casting
\'ote.
Meeting place 5 . The Medical Council shall meet in such place as the
and quorum.
President appoints and three members shall form a
quorum.
Eules. 6 . The Medical Council may frame rules for the con-
duct of its business.
 273
AD. 1 9 0 7 .
Ss. 7-11.
MEDICAL REGISTRATION;

7. If a vacancy occurs among the non-official members. Vacancies.

the continuing members may fill the vacancy pending a
fresh nomination by the appointment of a registered
medical practitioner.

8.—(1) A register of medical practitioners shall be Register.

kept in the form in the schedule
(2) Such fee not exceeding fifty dollars as is fixed
undar Ordinance No. 27 (Fees) shall be charged for each
registration.
(3) No fee shall be charged for the registration of any
Medical Officer in the public service of the Colony or of
the Federated Malay States.

9. The Principal Civil Medical Officer shall be the itegietrar.

Registrar of medical practitioners and shall once in
every year, as soon as conveniently may be, after the first
day of January make and publish in the Gazette a list
containing the names and qualifications of all registered •
medical practitioners.

10.—(1) The publication of such list shall be pjrima rubiicaticn

facie evidence that the persons named therein are regis- °^ ^"^s'^^'^"^-
tered under this Ordinance.
(2) The absence of the name of any person from such
list shall be prima facie evidence that such person is not
so registered.

11.—(1) The foUoAving persons shall subject to sub- Persons

section (2) be entitled to registration under this ^g'-'trltion
Ordinance :—
(a) the holder of any of the British: Indian,
Colonial or Foreign degrees, diplomas or
licences specified by an order of the Governor
in Council subject to such conditions and
restrictions as are prescribed by such order;
(b) the holder of any degree, diploma or licence in
medicine of any medical school of the
United Kingdom, Europe, the British Pos-
session, the United States of America, or
the Empire of Japan, the degrees, diplomas
Vol. II. * 18
274
A.D. 1 9 0 7 .
S.S. 12-14.
MEDICAL REGISTRATION.

and licences of which are recognized as

entitling to registration by the General
Council of Medical Education and Registra-
tion of the United Kingdom;
((;) any person Avho was on the twenty-first day of
June, 1907, in the service of the Colony or
of the Federated Malay States as an
Assistant-Surgeon and Avho satisfies the
Medical Council of his proficiency.
(2) If any person applying for registration has been
convicted of any heinous offence or after due inquiry by
the Medical Council is deemed by it to have been guilty
of infamous conduct in any professional respect the
Medical Council may refuse to enter the name of such
person upon the register.
.(3) Upon any such inquiry the person against whom
such offence or conduct is alleged shall be entitled to
appearand be heard by counsel.
(4) Any person Avhose name the Medical Council has
refused to register may appeal to the Supreme Court.
Entry of 12. Every person registered under this Ordinance
additional
qualifications. who has obtained any higher degree or qualification
other than the qualification in respect of Avhich he has
been registered shall be entitled to have such higher
degree or additional qualifications inserted in the
register in substitution for or in addition to the qualifi-
cations previously registered Avithout payment of any
further fee.

Privileges. 13. Every person registered under this Ordinance

shall be entitled to practise medicine, surgery and mid-
Avifery and to demand, sue for and recover in any Court
of LaAv Avith full costs of suit reasonable charges for
professional aid, advice and visits and the value of any
medicine or other medical or surgical appliances ren-
dered or supplied by him to his patients.

Disabilitie.? uf 1 4 . No person shall be entitled to recover in any

unregistered
persons. Court in the Colony any charge for medical or surgical
services rendered or for medicines prescribed and sup-
jdied Avithin the Colony or the Federated Malay States
unless he is registered under this Ordinance.
 275
A.D. 1 9 0 7 .
• Ss. 15-20.
MEDICAL REGISTRATION.

1 5 . No certificate or other document required by law ^' g^^^/g^^^g

to be signed by a duly qualified medical practitioner
Avithin the Colony given after the twenty-iirst day of
June, 1907, shall be valid unless signed by a person
registered under this Ordinance.

1 6 . The words " legally qualified medical .practi- DeHmtioji.

tioner " or " duly qualified medical practitioner " or any
Avords importing a person recognized by law as a medical
practitioner or member of the medical profession when
used in any Act, Ordinance or orders of the Governor
in Council Avith reference to such persons within the
Colony shall be construed to mean a person registered
under this Ordinance.
17. All Medical Officers of His Majesty'^s Army and Exemptions
Navy respectively residing in the Colony Avhile on full registration.
pay and all ships' Surgeons while in discharge of their
duties shall be entitled to the privileges of persons
registered under this Ordinance.
O : ^ • • •

18.—(1) If any medical practitioner registered under powerof

this Ordinance is convicted of any heinous offence or is^ Council to
after due inquiry by the Medical Council, deemed by it off Register,
to have been guilty of infamous conduct in any profes-
sional respect, the Medical Council may order the name
of such person to be struck out from the register.
(2) Upon any such inquiry the person against whom Appeal to
such offence or conduct is alleged shall be entitled to Supreme
appear and be heard by counsel and any person Avhose Court.
name has been struck out from the register may appeal
to the Suprem.e Court.
19. The Regifstrar shall erase from the register the Eemovaiof
names of all deceased, medical practitioners and of such ?,™.^t ^™™
persons as are ordered by the Medical Council to be
struck out.
2 0 . Any person Avho wilfully and falsely makes or penalty for
uses in the Colony any name, title or addition implying unlawfully
a quajification to practise medicine or surgery or, not "mpiying^
being registered under this Ordinance or exempted from quaUfication
registration under section 17, practices or professes to wit^houtTelng
practise or publishes his name as practising medicine registered.
or surgery or receives any payment as practising
' ^ Vol. II. > \ 18A *
276
AD, 1 9 0 7 -
S. 21.
MEDICAL REGISTRATION.

Uiedicine or surgery shall be liable on summary convic-

tion before a Police Court to a penalty not exceeding
five hundred dollars for each offence and to a further
])enalty of fifty dollars a day during the continuance of
such offence

n^ctitiouers ^^- ^^o^hing in this Ordinance shall be construed to

prohibit or prevent the practice of native systems of
therapeutics according to Indian, Chinese or other
Asiatic method.

SCHEDULE.
F O R M OF MEDICAL E E G I S T E K S .

ro ""i
c3
=« c
a 0.2
o
istra
uU Nam

uali fioati

GO
ddr ess.

of
fica

ema
ate

o a>
l^i PH
<l a P ft fH PH

•
 27?
A.D. 1 9 0 7 .
Ss. 1-4.

PENANG MUNICIPAL LOAN.

Ordinance No 100.
[ORDINANCE X I I I . OF 1907;
12th July, 1907.]
To. enable the Municipal Commissioners of Gecrge
Town, Penang, to borrow money for iniprovements
in the loater supply and for other ivorks.
1. This Ordinance may be cited as Ordinance No. 100 f^ho'-t title-
(Penang Municipal Loan). •

2. Subject to this Ordinance the Municipal Commis- Commis-

sioners of George Town may borrow from the Govern- po^^erea*"'
ment a sum not exceedincs; one hundred and seventy ton-owasum
,, 1 1 , T not exceeding
thousand, pounds sterling. £170,000.
• • * •

3 . Such sum shall be paid by the Governor out of ^™]°^]^^g,.

moneys borroAved under Ordinance No. 98 (Loan), and the^proTisi^ons
shall be issued to the Municipal Commissioners at a rate ^J^f^^™*^' ^' *^
of interest of one-half per cent, above the rate at which
the stock or debentures under that Ordinance have been
issued.
4.—(1) The Municipal Commissioners shall, in each Payment of
half-year ending Avith the day on which the interest on
such stock or debentures or both falls due, appropriate
out of the rates and taxes and other receipts of the
Municipality of George Town a sum equal to one-half
year's interest together Avith a sum equal to one-quarter
per centum on the amounts received by them and shall
pay over the sums so appropriated to the Treasurer.
(2) After the date specified from which provision for
a sinking fund is made by Ordinance No. 98 (Loan), the
Commissioners shall on the days aforesaid further
appropriate out of the said rates and taxes and other
receipts of the Mun-icipality for the formation of a
sinking fund an additional sum of one-half per centum
per annum on the said amounts received by them and
shall pay over the sum so appropriated to the Treasurer.
278
A.D. 1 9 0 7 .
Ss. 5-7.
PENANG MUNICIPAL LOAN.

rfTan*^'*^"™ 5. Any sum borrowed by the said Commissioners

under this Ordinance, or so much thereof as is required,
shall be expended in such Avorks as are approved by the
Governor in Council.

Loans under • 6. All sums advanced by the Government to the

this Ordinance
to be charged Municipal Commissioners under this Ordinance shall,
on revenue subject to any charges created under existing loans
and property
subject to already authorized by the Governor in Council, be a first
existing loans. charge upon the aforesaid rates and taxes and other
receipts and property of the Municipal Commissioners.

Receiver may 7.—(1) If the Commissioners make default for a

be appointed
incase of period of tAventy-one days in paying an amount of not
default by
Commis-
less than tAvo hundred and fifty pounds sterling, Avhether
sioners. in one sum or in separate sums, for the time being due
by them to the Government under this Ordinance the
Attorney-General may apply to the Supreme Court for
the appointment of a receiver.
(2) Any receiA^er so appointed, subject to any direc-
tions which are given by the Court, shall raise as
hereinafter mentioned by or out of the rates and taxes
and other receipts charged as aforesaid sufficient money
to pay the amount the payment of which is so in default
and all sums due while he is rsoeiver together with all costs,
charges and expenses incurred in or about the appoint-
ment of such receiver and the execution of his duties
under this section including a proper remuneration for
his trouble and render to the defaulting Commissioners
the balance, if any, remaining in his hands after making
the said payments.
(3) For the purpose of raising the said money the
receiver shall have the same poAver as the defaulting
Commissioners of levying Municipal rates and taxes
and other Municipal dues and the receiver shall have
access to and use of the documents of the defaulting
Commissioners relative to such rates and taxes and other
dues as he requires.
(4) Nothing herein shall affect the right of the Crown
to recover by proceedings under Ordinance No. 22
(Crown Suits) any sums due under this Ordinance.
 279
A.D. 1 9 0 7 .
Ss. 1-3. .

COURTS.
O r d i n a n c e No. 101.
[ORDINANCE XXX. OF 1907;
1st April, 1908.]
To re-enact with amendments the Courts Ordinance,
1878.
1. This Ordinance may be cited, as Ordinance No. 101 short title.
(Courts).
PART I.
THE COURTS OF THE COLONY.

Chapter I.
GENERAL.
*t
2. The Courts for the administration of civil and ^"^"in^gj
criminal law in the Colony shall be " -&«.
(a) the Suprerrte Court of the Straits Settlements;
(b) District Courts at each of the Settlements;
(c) Police Coutts at each of the Settlements; i,,.:
{d) Coroners' Courts at each of the Settlements.
Chapter II.
THE SUPREME COURT.
3.—(1) The Supreme Court shall consist of andf be Supreme
holden by or before a Judge, to be called the Chief Xilstice ^eiT''''°"'
of the Straits Settlements, and three or more Puisne
Judges. /
(2) The Chief' Justice shall be the President of the Rank of
Court. , , ^'^^^''•
(3) The Judges of the Supreme Court shall rank, and
those in office on the seventeenth day of April, 4914, shall
continue to rank, among themselves according to the
priority of their respective appointments as such Judges.
(4) When a vacancy occurs in the office of the Senior
Puisne Judge, any one of the^ortier Puisne Judges,
irrespective of rank, or any qualified person who is not
a Puisne Judge, may be appointed tg the vacant office.
 280
A.D. 1 9 0 7 .
SS.4&5.
COURTS.

(5) The Supreme Court shall be deemed to be duly

constituted during and notAvithstanding any vacancy in
the office of any Judge thereof or the absence of any
Judge.
Judges of the Supreme Court.
Apjiointment 4.—(1) The Judges of the Supreme Court shall be
of .Tudges.
appointed by His Majesty by Letters P a t e n t under the
Public Seal of the Colony to be issued in pursuance of
any Avar rant or warrants to be granted'by His Majesty
under His Sign Manual and Signet.
'ri:m]iorary (2) Upon the death, resignation, sickness or incapacity
appoint-
ments. of any Judge, or in the case of his absence from the
Colony, or in the case of his suspension by the Governor
from office, the Governor may, by letters patent- to be
made by him for that purpose and issued under the
Public Seal of the Colony, nominate and appoint some
fit and proper person to act as and in the place of the
J u d g e so dying or resigning or labouring under such
sickness or incapacity, or being so absent from the Colony,
or being so suspended, until the vacancy so created
is supplied by a ncAv appointment, or until the J u d g e
so becoming sick or incapable, or being absent or sus-
pended, as aforesaid, resumes his office and enters into
the discharge of the duties thereof.
. (3) The Governor may, by letters patent to be made
oy him for that purpose and issued under the Public Seal
^f the Colony, nominate and appoint some fit and proper
person to act temporarily as a J u d g e for such period as
is\specified in the letters patent.

Qualifica 5.—(i) No person shall be appointed to be or to act

tions of temporarily as a Judge of the Supreme Court who is not a
Judges.
bav'-rister of England or Ireland or a member of the Faculty
of x^dvocates in Scotland of at least five years' standing at
the time of appointment or has not been a practising advocate
• ^
\ ^ and solicitor of the Supreme Court of the Colony or the
Federated Malay States for at least ten years.
Ex-officio (2) Tlie Judicial Commissioners of the Federated Malay
Judges. States and a Judge of the State of Johore, who are possessed
of the qualifications aforesaid, shall be e.x-offtcio Judges of
the Supreme Court, if provision is made by the law of such
States that such Judicial Commissioners or such Judge, as
the case may be, may be declared by the law of the Colony
to be ex-officio Jud^-es of the Supreme Court.
 281
A.D. 1 9 0 7 .
Ss. 6 & 7.
_ j^/>Tm-cnci—
(3) Any such Judicial Commissioner or such Judge may
perform the duties of a Judge of the Supreme Court though
continuing in such office O'f Judicial Commissioner or Judge. li[^'
(4) A Judge of the Supreme Court may be declared by the colony
laAv O'f the Federated Malay States or of the State of Johore Judges to be
to be an cx-officio Judicial Commissioner of the Federated jud^ciar
Malay States or an ex-officio Judge of the State of Johore Commis-
and, in the event of such declaration being made, such Judge p°j'^'^^j°j
shall be deemed to be an ex-officio Judicial Commissioner of dalay States
the Federated Malay States or of the State of Johore, and or ex-officio
any such Judge shall not thereby be deemed to have ceased Judges State of
of
to be a Judge of the Supreme Court. Johore,
(5) The Chief Judicial Commissioner of the Federated Order of
Malay States shall, when performing the duties of a Judge precedence.
of the Supreme Court, take rank next after the Chief Justice,
and the other Judicial Commissioners and a Judge of the
State of Johore, when performing the duties of Puisne Judges
of the Supreme Court, shall take rank with the other Puisne
Judges according- to the priority of their respective appoint-
ments, whether as Pusine Judges of the Supreme Court or
as such Judicial Commissioners or as such Judge of the State
of Johore, whichever dates shall be the earher.
.j*>«-
6.—-(1) The arrangement for the duties and residence Arrangement
of the resident Judges of the Supreme Court shall be " "'"''•
made by the Chief Justice with the concurrence of the
Governor, but so that the Chief Justice shall ordinarily
reside at Singapore and the Senior Puisne J u d g e for the
time being at Penang, and so that the arrangements for
the attendance of any Judges from the Federated Malay
States shall be made by the Governor and H i g h Com-
missioner.
(2) Notwithstanding anything in this section, any
J u d g e may, in the execution of his duties, with the coU'-
currence of the Governor, proceed to and remain at r^'ial
Settlement other than that of his ordinary residencf';Oyal
(3) The Governor may at any time withdraw his itten
currence from any arrangement made under this sec _ /^
and may require the Judges to make such other arrpon i t #
ments^ as the public interests appear to him to dem/d.rd to
Brunei,
Powers and Jurisdiction of the Supreme Co' Colony,
,3 C o u r t : •
A.—General. *
#
' 7,—(1) The Supreme Court shall be a Court such last-
and shall consist of IAVO Divisions, one of A\*ffence con-
have and exercise original Civil and Criminal combina-
282
A.D. 1 9 0 7 .
S. 8.
COURTS.

tion and the other shall have and exercise appellate Civil
and Criminal Jurisdiction.
(2) The Supreme Court shall in its original and appel-
late Jurisdiction possess the same poAver and authority
to punish for contempt of Court as is possessed by the
High Court of Justice and Court of Appeal in England.
(3) All or any of the Judjjes of the Supreme Court
may, Avith the approval of the Governor, be appointed by
His Highness the Sultan of t le State of Johore to per-
form the duties of Judges of t le Court of Appeal of that
State. .
* (4) Any Judge of the Si preme Court, who is so
appointed as aforesaid, shal not be deemed to have
ceased to be a Judge of the Si preme Court.
B.—Original Jurisdiction.
8. The original Civil Jurisdiction of the Supreme
Court shall consist of
(a) the same jurisdiction and authority within the
Colony as was formerly exercised in England by
(i) the High Court of Chancery, including
therein the jurisdiction to appoint and
control guardians of infants;
(ii) the Court of Queen's Bench;
(iii) the Court of Common Pleas at West-
minster; and
(iv) the Court of Exchequer as a Court of
Revenue as well as a Common Law Court,
and is now exercised therein by His Majesty's
,. High Court of Justice;
(&) the jurisdiction and authority of a Colonial
Court of Admiralty conferred upon it by the
Colonial Courts of Admiralty Act, 1890;
(c) jurisdiction to appoint and control guardians
and keepers of the persons and estates of
idiots, lunatics and persons of unsound mind;
') jurisdiction to issue writs of distress for arrears
of rent in all cases;
risdiction to grant probates of wills and testa-
ments and letters of administration to the
estates of persons leaving property in the
Colony, subject to such modifications to suit
the several religions and customs of the native
 28'i
A.D. 1 9 0 7
S. 9.
COURTS.

inhabitants as have hitherto been recognized

by the Court or have been or shall hereafter
be made by law, and to alter or revoke such
grants;
J) jurisdiction under any written law for the time
being in force relating to bankruptcy or to
joint stock companies;
(g) any other jurisdiction which is now or may here-
after be conferred upon it by any Imperial
Statute, Order of the King in Council, Royal
Charter or Royal Letters Patent, or written
- law. ,
9. The original Criminal Jurisdiction of the Supreme Criminal
C o u r t s h a l l c o n s i s t of Jm-isdiction.
(a) the jurisdiction Avithin the Colony held and
exercised in England in Criminal matters by
His Majesty's High Court of Justice and the
several Judges thereof;
(b) the jurisdiction conferred by the Admiralty ^^g* .^^ ^"*
Offences (Colonial) Act, 1849, as modified by si&asvict.
the Courts (Colonial) Jurisdiction Act, 1874; c. 27.
(c) the jurisdiction conferred by the Territorial 4i&42Vict.
Waters Jurisdiction Act, 1878;
(d) the jurisdiction conferred by the Straits Settle- 37&3svict
ments Offences Act, 1874;
(e) the jurisdiction conferred by the Merchant Ship- 57&58Vict.
ping Act, 1894; _ '=•'^'•
(/) the jurisdiction and powers which belong to and
are exercisable by any inferior Court of
Criminal Jurisdiction;
(g) any other jurisdiction which is now or may here-
after be conferred upon it by any Imperial
Statute, Order of the King in Council, Royal ^
Charter or Royal Letters Patent, or written ^^
law; *•
(h) any jurisdiction which may be conferred upon it-:*-"'
by the Governor in Council with regard to
offences committed within the State of Brunei,
and which, if committed within the Colony,
would be triable only by the Supreme Court:
Provided that
(i) where any person is tried under such last-
mentioned jurisdiction for an offence con-
sisting of several particulars, a combina-
284
A.D. 1 9 0 7 .
Ss. 10 & 11.
COURTS.

tion of some only of which constitutes a

complete minor offence, and such combina-
tion is proved but the remaining particu-
lars are not proved, he may be convicted
of the minor offence, although he Avas not
charged Avith it;
(ii) Avhere any person is tried under such last-
mentioned jurisdiction for an offence and
facts are proved which reduce it to a minor
offence, he may be convicted of the minor
offence, although he was not charged with
it.

C.—Appellate Jurisdiction.
Constitution 10.—(1) The Appellate Civil Jurisdiction of the
Appeah'" Supreme Court, except as hereinafter and in the Civil
Procedure Code mentioned, shall be exercised by not less
than three Judges; but a Judge shall not sit at the
hearing of an appeal from his OAA-U decision.
(2) The Supreme Court, Avhen exercising Appellate
Jurisdiction under this section, shall be called the Court
of Appeal.
(3) Appeals before the Court of Appeal 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.

Civil Appeals. H . The Appellate Civil Jurisdiction of the Supreme

Court shall consist of
(a) appeals from the Supreme Court in its original
jurisdiction;
(&) appeals from a District Court;
(c) the calling for the proceedings of a District
Court and the giving directions thereon under
section 13 (1), Avhich jurisdiction shall be
exercised by any one or more Judges of the
Supreme Court;
(d) any jurisdiction which may be conferred upon it
by the Governor in Council Avith regard to
appeals from any of the Civil Courts of
Brunei.
 285
AD, 1 9 0 7 .
Ss. 12 & 14.
COURTS.

1 2 . The Appellate Criminal Jurisdiction of the 5'™4"g'

Supreme Court shall consist of ^'^'"^ '
(a) appeals from District Courts or Police Courts,
to be heard before one or more Judges, accord-
ing to the provisions of the Criminal Pro-
cedure Code;
(b) points of law arising on a trial before a Judge
of the Supreme Court, acting in the exercise
of its original Criminal Jurisdiction, Avhich
the Supreme Court has poAver to review under
the Criminal Procedure Code;
Such points of laAv shall be heard before three or
more Judges, according to the provisions of
the Criminal Procedure Code;
(c) points of laAv reserved by special cases submitted
by a District or Police Court;
Such .special cases shall be heard by one or more
Judges, according to the provisions of the
Criminal Procedure Code;
(d) any jurisdiction which may be conferred upon it
by the Governor in Council Avith regard to
appeals from any of the Criminal Courts of
Brunei.
D.—Appeals from District Courts.
13.—(1) No appeal shall lie from the decision of a licvision
District Court Avhen the amount in dispute in the action ^.'i™ yai}"
1 1 C I 1 • C I ™ subject
or suit or the value ot the subject matter thereof does matter
not does
exceed
§100.
not exceed one hundred dollars, but the Supreme Court,
either of its own motion or on the application Avithin
fourteen days of any party aggrieved by a decision on
the ground that such decision is Avrong in laAv, ma}^ call
for the proceedings and may give such orders thereon,
either by directing a ncAV trial or otherAvise as seems to
be necessary to secure substantial justice being done.
(2) An appeal shall lie from the decision of a District Appeals -n-hen
Court to the CouilTif iVppoafSAdien the amount in dispute gutjo(.f
or the value of the subject matter exceeds one hundred matterexceed.
dollars.
Appeals to the King in Council
ling herein shall be held to bar the full and
14. Nothing Privy Council
unqualified exercise of His Majesty's pleasure
pleasu in receiv- ^I'P®''^-'*-
286
A.D. 1 9 0 7 .
Ss. 15-17.
COURTS.

ing or rejecting appeals to His Majesty in Council or

otherwise howsoever.

Chapter III.
OFFICERS OF THE SUPREME COURT.
Registrars.
Registrars 15.—(1) Four Registrars shall be attached and belong-
and Ofiicers
of Court. ing to the Supreme Court, together with so many Deputy
Registrars, Clerks, Interpreters and other officers as to
the GoA^ernor, Avith the concurrence of the Chief Justice,
seem necessary.
(2) One such Registrar shall be ordinarily resident at
Singapore, one at Penang, one at Malacca and one at
Labuan.
(3) Such Registrars, Deputy Registrars and officers
shall be appointed in the manner prescribed for the
appointment of officers in the Civil Service of the Colony.
Appointment 16.—(1) No pcrsoii shall bc appointed Registrar in
ot.Kegistrars. ^j.^^ Coui't at Singapore, Penang or Malacca unless
(a) he has the qualifications made necessary by this
Ordinance for the admission of advocates and
solicitors to practise in the Supreme Court;
(b) he was .qualified on the first day of April, 1908,
to be an Assistant Registrar and has passed
an examination in the subjects prescribed by
section 84 by such persons as the Governor
appoints; or
(c) ho is qualified under section 37 to be a District
Judge and his appointment as Registrar is
made Avith the concurrence of the Chief
Justice; provided that for the appointment of
a person under this clause as Registrar at
Malacca such concurrence shall not be
necessary. '
(2) No qualification shall be required of the Registrar
at Labuan.
Powers of
Deputy 17. All the powers and duties vested in and imposed
Registrars. upon a Registrar of the Supreme Court by this or any
other Ordinance may be exercised by a Deputy Registrar
 2S7
A.D. 1 9 0 7 .
Ss, 18-20.
COURTS.

or by such other officer as the Court appoints, when there

is no Registrar or Deputy Registrar present in the
execution of the duties of his office.
1 8 . The Registrars and Deputy Registrars shall per- Duties of
form such duties as they are required by laAv to do, and ollfefofficers!^
all such duties as they are required by the Court to do,
and as are discharged by Masters of the Supreme Court,
Chief Clerks at Judges' Chambers, Clerks of the Criminal
Courts, Registrars and the like"officers in the Supreme
Court of Judicature in England.
1 9 . The Supreme Court may make such rules and Apportion-
regulations as it thinks fit for the apportionment of the ™®"' °' "'"'^'
Avork aniong the officers of the Court under the general
control of the Registrars respectively.

Commissioners to take Affidavits.

2 0 . The Registrars, Deputy Registrars and such commis-
persons as are appointed by the Chief Justice for the sioners for
purpose may
(a) receive acknowledgments of married Avomen in
all cases wliere such acknoAvledgments are
required by laAV to be taken before a public
officer;
{b) receive acknowledgments of recognizances, of
bail and bail-pieces; and
(c) administer oaths for
(i) the justification of bail;
(ii) taking any affidavit or affirmation;
(iii) receiving and taking the ansAver, plea,
demurrer, disclaimer, allegation or exami-
nation of any party or parties to any
action;
(iv) the examination of any Avitnesses upon
any interrogatories, either de bene esse or
in chief or on any other occasions;
(v) SAA'earing executors and administrators;
and
(vi) swearing persons in any action, matter
or proceeding, which is pending or about
to be instituted in the said Court in any
of its jurisdictions.
288
A.D. 1907.
Ss . 21-28.
COURTS.

A ccountant-General.
21.—(1) An Accountant-General shall be appointed by
the Governor for the Supreme Court, and shall do all
things necessary to carry into execution the orders of the
Court relating to the payment or delivery or depositing
of suitors' money, jeAvels, precious stones and securities
into or in the Treasury, and investing the money of
suitors and keeping the accounts thereof.
(2) All the poAvers vested and duties imposed by this
Ordinance in and on the Accountant-General of the
Supreme Court shall be exercised and performed by a
Deputy Accountant-General to be appointed by the
Governor in any Settlement Avhere the Accountant-
General is not present in the execution of the duties of
his office.
Sheriffs.
22.—(1) The Registrar in each Settlement shall also
be Sheriff for such Settlement, or if the Governor
appoints a Deputy Registrar as Sheriff then such Deputy
Registrar, Avith such bailiffs, process servers, and other
subordinate officers as are appointed.
(2) Such Sheriff shall within his own Settlement
execute all writs, summonses, rules, orders, warrants,
commands and process of the Supreme Court which are
given to him by such Court for that purpose, and shall
make a return of the same together with the manner of
the execution thereof to the Supreme Court from which
the process issued, and shall receive all such persons as
are committed to his custody by the Supreme Ceurt.
(3) Each Sheriff may execute in the Settlement of
Avhich he is the Sheriff all orders and process sent from
the other Settlements, or from other places in accordance
Avith the Civil Procedure Code.
(4) During the absence of the Registrar of any Settle-
ment from the duties of his office the officer performing
the duties of Registrar shall also perform the duties of
Sheriff.
2 3 . In any cause or matter in which a Sheriff is
interested such other officer or person as the Court
appoints for that purpose may act in the place of such
interested Sheriff.
 289
A.D. 1 9 0 7 .
Ss. 24-26.
COURTS.

Chapter IV.
BUSINESS OF THE SUPREME COURT.
24.—(1) The several offices of the Supreme Court ^^^^l^°
shall be open on every day of the year except Sundays, thi-oughout
Good Friday and Christmas Day and the two following ti^eyear.
days and other Public and Bank Holidays.
(2) The office hours shall be from ten in the forenoon office hours.
to four in the afternoon except on Saturdays, Avhen the
offices shall close at one o'clock.

Criminal Assizes.
25.—(1) Sessions for the despatch of the Criminal Assizes.
business of the Supreme Court to be called Assizes shall
be held in each of the Settlements of Singapore and
Penang not less than six times in each year, and in
Malacca not less than three times.
(2) Such Assizes shall be distributed as equally as Distribution
• J. 1/ QT A s s i 2 G S

conveniently may be over the twelve months in each year,

, and the times for holding the same shall be fixed by the
Chief Justice, with the concurrence of the Governor,
either for the year or for particular occasions," by
notices, to be published in the Gazette, or otherwise, a
reasonable time before the days fixed for holding the
same.
(3) The Chief Justice, with the concurrence of the Alteration of
T i m PS

Governor, after the publication of any such notice, may

alter the days fixed for the Assizes, if it is expedient so to
do, and may appoint other times and places for holding
Assizes Avhenever occasion arises for so doing.
(4) The Governor may also appoint Special Assizes
at any of the Settlements whenever he thinks it necessary
so to do.
(5) Assizes may be held at different Settlements How held,
at the same time and shall be presided OA'er by one or
more Judges of the Supreme Court or partly by one and
partly by another Judge or Judges.
Civil Sittings.
26.—(1) Subject to the sittings of the Supreme Court ^'cTv^'^ork.
for Criminal Assizes and to the sittings of the Court of
Vol. II. 19 •
290
A.D. 1 9 0 7 .
Ss. 27 & 28.
COURTS.

Appeal and to any special directions which the Senior

or only Judge at the Settlement gives, the Civil business
of the Court in Singapore and Penang shall be regulated
as follows :—
Monthly
sittings.
(a) sittings for the trial of actions shall be held
monthly throughout the year commencing on
the first Tuesday in each month;
Weekly
sittings for
(b) sittings for hearing motions, granting probates
Hiiscellaneous and letters of administration, hearing peti-
matters. tions and interlocutory applications, and in
bankruptcy, and for hearing appeals from
inferior Criminal Courts, and for proceed-
ings under section 13 (1), shall be held
weekly;
Short causes, (c) sittings for the hearing of causes marked as
etc
short causes, special cases, and cases set down
on motion for judgment shall be held weekly
throughout the year;
Chamhera (d) sittings in Chambers shall be held on one or more
days in each week;
(e) the days on which the sittings shall be held shall
be fixed by the Senior or only Judge at a
Settlement.
Vacations.
(2) The Chief Justice may make such regulations as
to vacations not exceeding one month in any one year as
lie thinks fit.
Malacca Business.
Civil sittings
at Malacca.
2 7 . The Civil business of the Supreme Court in
Malacca shall be taken after each of the Criminal Assizes
in the Settlement and at such other times as a Judge is
present in the execution of the duties of his office.

Special 2 8 . The Supreme Court in Singapore may in its dis-

provision for
Malacca cretion, on the application in Singapore or Malacca of the
cases.
parties interested, or either of them, or their advocates
and solicitors, perform in Singapore all the duties of
the Court in its Civil Jurisdiction which would or-
dinarily be performed in Malacca, and may direct any
action and proceeding commenced in Malacca, and any
records or documents filed or found in the Supreme Court
in Malacca, to be transferred to Singapore for the pur-
 291
' A.D. 1 9 0 7 .
Ss. 29-31.
COURTS.

poses of the duties herein referred to, and on like applica-

tion actions may be commenced, pleadings filed, and all
proceedings taken and continued in Singapore in cases
in which, by the Civil Procedure Code, the action or
proceeding would be commenced, had or continued in
Malacca.

Labuan Business.
2 9 . Subject to the provisions of any written law all Special
business of the Supreme Court in Labuan which cannot Fo™Labuan
be transacted by the Registrar shall be taken by the <=^'s«s-
Supreme Court in Singapore, and such Court may on
application by way of summons in Singapore or Labuan
of the parties interested or either of them or their advo-
cates and solicitors direct that any records or documents
filed or found in the Supreme Court in Labuan shall be
transferred to Singapore for such purpose, and on like
application actions may be commenced, pleadings filed
and all proceedings taken and continued in Singapore in
cases in which, by the Civil Procedure Code, the action
or proceeding would be commenced, had or continued in
Labuan.
Sittings of the Court of Appeal.
30.—(1) Courts of Appeal shall be held in each of the sittings of
Settlements of Singapore and Penang not less than twice Appeal".
in each year at such times as the Chief Justice with the
concurrence of the Governor appoints.
(2) The Chief Justice may, with the concurrence of the
Governor, dispense with the holding of any Court of
Appeal to be held under this section.
(3) When a Court of Appeal is to be held at any Holding of
Settlement, notice of the place and date of the holding of Appeal to be
such Court of Appeal shall be published in the Gazette gazetted.
a reasonable time before the assembling thereof.

3 1 . Unless the Court of Appeal otherwise orders or ^^^^^^J-''°'^

the parties otherwise agree court,-where
(a) appeals from the decisions of the Supreme Court
shall be to the Court of Appeal at the Settle-
ment in which judgment was given, and
appeals from judgments given in Malacca
shall be heard in Singapore;
Vol, II. 19A
292
A.D. 1 9 0 7 .
Ss. 32-35.
COURTS.

oFs^Hot^™"" (^) appeals from the decisions of District Courts

Courts, -where shall be to the Court of Appeal at the Settle-
^^^^'^^ ment in which the District lies, and such
appeals from the decisions of District Courts
in the Settlement of Malacca shall be heard
in Singapore.
TndeSon" 3 2 . Proceedings under section 13 (1) shall be taken
13(1),where in the Settlement in which judgment was given.
taken.

Chapter V.
SEAL AND WRITS OF THE SUPREME COURT.
Seal of the
Supreme
33.—(1) The Supreme Court shall have and use as
Court. occasion requires a Seal in quadruplicate, one of which
shall be kept in the custody of the Registrar or Deputy
Registrar at each Settlement.
Device and (2) Such Seal shall bear a device and impression of the
label.
Royal Arms of the U^nited Kingdom, with an exergue
or label surrounding the same with this inscription " The
Seal of the Supreme Court of the Straits Settlements."
Form and
teste of 34. All writs, precepts and mandatory process to be
writs. used, issued or awarded by the Supreme Court, shall
run and be in the name and style of His Majesty the
King, and shall be sealed with the seal of the Court, and
shall bear the attestation of the Chief Justice or, in case
the office of Chief Justice is vacant, of one of the Puisne
Judges.

Chapter VI.
INFERIOR COURTS.
District Courts.
Governor may 35.—(1) The Governor may constitute under appro-
constitute
District priate names in each Settlement so many District Courts
Courts.
as he thinks fit, and shall assign local limits of juris-
diction to each such Court, and shall appoint some place
or places in the District as the Court House or the Court
Houses of each such District Court.
Seal. (2) Each District Court shall have a seal bearing a
device or impression of the Royal Arms of the United
 293
A.D. 1 9 0 7 .
Ss. 36 & 37.
COURTS.

Kingdom, with an exergue or label surrounding the same

with the name of the Court thereon.
36.—(1) Each District Court shall be presided over by President of
a District Judge or an Assistant District Judge.
(2) The District Judges and other officers shall be Manner of
appointed in the manner prescribed for the appointment ofiklM!'""
of officers in the Civil Service of the Colony.
(3) So many clerks, interpreters, bailiffs, process oaicers of
servers and other officers as to the Governor seem neces- courts.'
sary, shall be attached to such Court.
37.—(1) No person shall, after the first day of January, Qualification
1909, be appointed a District Judge other than judges™
(a) a barrister of England or Ireland, or a member
of the Faculty of Advocates in Scotland, or an
advocate and solicitor of the Supreme Court
of the Colony who is also
(i) of not less than five years' standing as a
member of the CIAUI Service of the Colony
or of the Federated Malay States; or
(ii) of not less than five years' standing as an
advocate and solicitor of the Supreme
Court of the Colony; or
(b) a member of the Civil Service of the Colony or
of the Federated Malay States who
(i) is of not less than ten years' standing at
the time of his appointment, and
(ii) has performed for not less than two
years, Avhether continuously or otherwise,
in the employment of the Government of
the Colony or of the Federated Malay
States, the duties of one or more of the
following offices :—
Police Magistrate;
Commissioner of the Court of Requests or
other subordinate Court of Civil Juris-
diction ;
Deputy of the Public Prosecutor;
Assistant to the Attorney-General;
Registrar or Assistant or Deputy Regis-
trar of the Supreme Court; or
Official Assignee; and who
294
A.D. 1 9 0 7 .
S. 88.
COURTS.

(iii) after examination in the subjects pre-

scribed by section 84 (1) by such persons as
the Governor appoints, is approved of as fit
and competent; or
(iv) satisfies the Governor that he has
passed all the examinations requisite to
entitle him to be called to the Bar of
England.
(2) Any person who has been appointed before the first
day of January, 1909, to be a District Judge in or for
any Settlement shall be deemed to have been thereby
appointed to be a District Judge in and for every Settle-
ment of the Colony.

Civil Jurisdiction of District Courts.

Civil 38.—(1) Subject to the other provisions of this Ordin-
jurisdiction ance and of the Civil Procedure Code, a District Court
of District
Courts. shall, when presided over by a District Judge, have
jurisdiction to try all original actions and proceedings of
a civil nature of which the amount in dispute or value of
the subject matter does not exceed five hundred dollars,
and, when presided over by an Assistant District Judge,
all such actions and proceedings of which the amount in
dispute or value of the subject matter does not exceed one
hundred dollars : provided that in each case
(a) the cause of action has arisen either Avholly or in
part within the local jurisdiction of the Dis-
trict Court; or
(b) the defendant, or any one of the defendants, at
the time of institution of the action or suit
actually and voluntarily resides or carries on
business or personally works for gain within
such local limits.
Jurisdiction
by agreement
(2) When the parties to the action which, if the
ot parties. amount in dispute or value of the subject matter thereof
did not exceed the limit of the jurisdiction, would be
cognizable by the District Court, have entered into an
agreement in writing that the District Court shall have
jurisdiction to try such action, the Court shall have
jurisdiction to try the same, although the amount of the
subject matter thereof may exceed the value limit of
jurisdiction.
 295
A.D. 1 9 0 7 .
Ss. 39-42.
COURTS.

' (3) Every such agreement shall be filed in the District felement
ri 1 1 ( - " 1 1 1 • - 1 1 1 1 1 • to be nled m
Court and, when so tiled, the parties to it shall be subject Court.
to the jurisdiction of the Court, and the decision in such No appeal.
action or suit shall not be subject to appeal.
3 9 . The District Court shall have jurisdiction to try ciaim reduced
actions when the amount of the claim, though originally ''^ ^^^'° ' ^^^'
in excess of the jurisdiction of such Court, is brought
within it by a set-off or a counterclaim admitted by both
parties.

4 0 . A plaintiff may relinquish any portion of his claim ^^^^j^^'^f^^iai^^

in order to bring the action within the jurisdiction of the _
District Court, but he shall not afterwards sue in respect
of the portion so relinquished.

4 1 . Claims may not be split nor more than one action Splitting
brought in respect of the same cause of action against the allowed'!"
same party.

4 2 . The District Courts shall have no jurisdiction in f^^^'^f^ToL!"

actions
(a) concerning any acts done by the order of the
Governor, or of the Governor in Council, or of
the head of any Government Department, or of
a Judge or Judicial Officer;
(b) for the recovery of immovable property except
as in section 43;
(c) for partition of immovable property;
(d) for foreclosure or redemption of mortgages of
immovable property;
(e) for the determination of rights or interests in
immovable property;
(/) for the specific performance or rescission of
contracts;
(g) for an injunction;
(h) for the cancellation or rectification of instru-
ments ;
(^) to enforce trusts;
(j) for accounts except as hereinafter provided;
(k) for declaratory decrees.
296
A.D. 1 9 0 7
Ss. 43 & 44.
COURTS,

Kecovery of
immovable
43.—(1) When the term and interest of a tenant of
property any immovable property has expired, or has been duly
between
landlord and
determined by a legal notice to quit, or when a right of
tenant. re-entry has accrued for the non-payment of rent, or for
the non-performance or misper.formance or breach of any
covenant, condition or agreement by the tenant, and the
tenant, or any person holding or claiming by, through or
under him, neglects or refuses, in any of the above cases,
to deliver up possession of the premises, a District Judge
of the District within which the property is situated shall
have jurisdiction to hear and determine any action
brought by the landlord, either against the tenant or the
person so neglecting or refusing, for the recovery of the
premises, and thereupon to issue an order to the bailiff
to put the landlord in possession.
(2) In any such action, there may be added a claim for
rent or mesne profits and for damages arising to the
plaintiff from the defendant holding over or resisting
his right of possession or re-entry, and for damages for
the breach of any covenant, condition or agreement in
relation to the premises.
(3) Such jurisdiction shall not be exercised when the
money claim exceeds the sum of twelve hundred dollars,
or the rent payable for the premises exceeds the sum
of one hundred dollars per mensem or twelve hundred
dollars per annum.
(4) Such jurisdiction shall not be exercised in any case
in Avhich there is a bona fide question of title involved.
(5) Recovery of any immovable property under this
section shall be no bar to the institution of an action in
the Supreme Court for trying the title thereto.
Administra-
tion actions.
4 4 . District Judges shall have jurisdiction to hear and
determine in a summary manner all claims in respect of
the administration of the estates and effects of deceased
persons, and to enforce the due distribution thereof if
the deceased had, at the time of his death, his permanent
residence within the local jurisdiction of the District
Court, and the estate and effects, exclusive of what the
deceased was possessed of or entitled to as a trustee and
not beneficially, as appearing by the affidavit filed for the
Collector of Stamp Duties, do not exceed in value one
thousand dollars, after deducting debts due by the
 297
A.D. 1 9 0 7 .
Ss. 45-49.
COURTS.

deceased and the fair and reasonable funeral and testa-

mentary expenses.
4 5 . District Judges and Assistant District Judges Power to
•may grant probates and letters of administration when s'-^'itP™^''"'-
the deceased had, at the time of his death, any property
within the local jurisdiction of the District Court in all
cases when the estate and effects in respect of which the
grant is applied for, exclusive of what the deceased was
possessed of or entitled to as a trustee and not beneficially,
but without deducting anything on account of the debts
due or oAving from the deceased, do not exceed in value
one thousand dollars; and may alter, revoke or annul the
same. - '
4 6 . District Judges and Assistant District Judges Powerto
1 1 1 1 • • T , • , • •, • 0 T J e i issue distress.
shall have jurisdiction to issue writs of distress tor rent
in all cases where the amount of rent to be distrained for
does not exceed the value limit of their respective juris-
dictions, if the house or premises in respect of which the
rent is due is situated within the local limits of the juris-
diction of the District Court.
4 7 . ^ ( 1 ) District Judges shall have jurisdiction to interpleader,
grant relief by way of interpleader when any claim is
made against the bailiff of the District Court to any
money or movable property, taken or intended to be
taken, in execution under any process, or to the proceeds
or value of such property, by any person other than the
person against whom the process has been issued.
(2) Assistant District Judges shall have the like juris-
diction in cases where the jurisdiction in respect of which
the process issued, or the value of the property claimed,
does not exceed one hundred dollars.

Criminal Jurisdiction of District Courts.

4 8 . A District Court shall, in the exercise of its ?"'?^'j°4-
• • -I • • T • 1 - 1 1 1 T - v - i - i Jurisdiction
criminal jurisdiction, be presided over by a District of District
Judge, and shall have the powers and jurisdiction ^°"''*^-
assigned to it by the Criminal Procedure Code.
Police Courts.
49.—(1) The Governor may constitute under appro- PoUce courts
priate names in each Settlement so many Police Courts
298
A.D. 1 9 0 7 .
Ss. 50 & 51.
COURTS.

as he thinks fit, and shall appoint some place or places in

the Settlement in which a-Police Court is constituted as
the Court House of such Police Court.
(2) Each Police Court shall have a Seal bearing a
device or impression of the Royal Arms of the United
Kingdom with an exergue or label surrounding the same
with the name of the Court thereon.
(3) A Police Court shall have the powers and juris-
diction assigned to it by the Criminal Procedure Code.

Coroners.
Appointment 50.—(1) The Governor may appoint one or more
of Coroners.
Coroners for each Settlement to act either for the whole
Settlement or for a district thereof as the Governor
directs.
(2) Every such Coroner may be appointed by name, or
by the description of the person for the time being law-
fully performing the duties of some other office in the
Settlement.
(3) The duties, poAvers and jurisdiction of Coroners
shall be those assigned to them by the Criminal Procedure
Code.
Police Magistrates.
Appointment
of Police
51.—(1) The Governor may appoint, by writing under
Ma'j;istrales. his hand and seal, such and so many persons as he deems
necessary to act as Police Magistrates within and for the
Settlement in any such appointment mentioned.
(2) The Governor may also, by writing under his hand,
appoint persons to act temporarily for such period, as in
such writing is mentioned, as Police Magistrates within
and for the Settlement in any such Avriting mentioned.
(3) Every such person shall have and may exercise,
during such period and within and for such Settlement,
all the powers of a duly appointed Police Magistrate.
(4) In the absence of the Governor from a Settlement
the power of temporary appointment given by sub-
section (2) may, in cases of urgency, be exercised by the
officer in charge of the administration of the Settlement,
but every such appointment shall be expressed to be made
subject to the approval of the Governor.
 299
A.D. 1 9 0 7 .
S. 52.
COURTS.

(5) Every person temporarily appointed under sub-

section (4) shall have and may exercise within and for
such Settlement all the powers of a duly appointed Police
Magistrate, unless and until his appointment is dis-
allowed by the Governor.
(6) Every person appointed to be or exercising the
power of a Police Magistrate under this section shall be
ex-officio a Justice of the Peace within and for the Settle-
ment for which he is or exercises the powers of a Police
Magistrate.

Justices of the Peace.

52.—(1) The Governor may, by Commissions to be Commissions

issued under the Public Seal of the Colony and in the
name of His Majesty, nominate such persons as he deems
fit to act as Justices of the Peace within and for the
Settlement in any such Commission mentioned.
(2) Every Commission issued under this section shall
be filed of record in the Supreme Court at the Settlement
to which the same "relates.
(3) The Governor may also, without issuing a new
Commission, by warrant under his hand and seal directed
to the Registrar of the Supreme Court in which any
such Commission is filed, cause the name of any person
whom he deems fit to be added to any such Commission.
(4) On the receipt of such warrant the Registrar shall
insert in the Commission the name of the person men-
tioned in such warrant, and shall initial the same.
(5) Upon the publication in the Gazette of the appoint-
ment of a Police Magistrate for the Settlement the
Registrar shall add his name to the Commission.
(6) Upon the issue under this section of a Commission
for any Settlement all appointments theretofore made of
persons to act as Justices of the Peace within and for
such Settlement shall be deemed to be cancelled, but
nothing in this subsection shall affect the status of ex-
officio Justices of the Peace.
300
A.D. 1 9 0 7 .
Ss. 53-58.
COURTS.

Chapter VII.
MISCELLANEOUS.
Oaths.
Oaths of 5 3 . Every Judge of the Supreme Court, before enter-
Judges. ing on the execution of the duties of his office, shall take
before the Governor, or before such person as the Gover-
nor appoints to receive them, the oath of allegiance to His
Majesty the King and the judicial oath.
Oaths of other 5 4 . All District Judges, Assistant District Judges,
judicial
officer.^. Police Magistrates, Justices of the Peace and Coroners,
and all Registrars and Deputy Registrars of the Supreme
Court shall, before entering on the duties of their respec-
tive offices, take and subscribe the oath of allegiance and
the judicial oath.
Oaths of other 55^ ^11 interpreters, a-nd such officers as are required
by a Judge of the Supreme Court so to do, shall take and
subscribe the oath of office.

Oaths of 5 6 . All bailiffs and process servers, before entering on

subordinate the duties of their respective offices, shall take and sub-
officers.
scribe an oath truly and faithfully to execute the duties
assigned to them and to make true and faithful returns
as to the manner and time of such execution.

How taken 5 7 . The oaths referred to in sections 54, 55 and 56

may be taken and subscribed before a Judge of the
Supreme Court or a Police Magistrate.
Record of 5 8 . The Police Magistrate before whom the oaths of
oaths.
Justices of the Peace, Police Magistrates and Coroners
are taken shall enter in the record of his Court that the
oaths were duly administered and taken before him, and
shall forthwith transmit a copy of every such entry certi-
fied under his hand, or under the hand of any Police
Magistrate sitting in the same Court, to the Registrar
or Deputy Registrar of the Supreme Court at the Settle-
ment in which the oath is taken for record in the said
Court, and the original oaths, after such entries are made
and copies transmitted, shall be sent to the office of the
Colonial Secretary there to be recorded.
 301
A.D. 1 9 0 7 .
Ss. 59-61.
COURTS.

List of Touts.
59.—(1) Every Court constituted under this Ordinance Jowet to
may frame and publish lists of persons proved to its puXhUsts
satisfaction, by evidence of general repute or otherwise, ofto^ts.
habitually to act as touts or unauthorized advisers to
suitors, and may alter and amend such lists.
(2) No person's name shall be included in any such list
until he has had an opportunity of showing cause against
such inclusion.
(3) A copy of every such list shall be kept hung up in
every Court to which the same relates.
(4) The Court or a J u d g e may, by general or special
order, exclude from the precincts of the Court any person
whose name is included in any such list, except when
such person is a party to or a witness in proceedings in
such Court, Avhen he shall be alloAved to remain only for
such time as is necessary to transact his business therein.

Disabilities of Judicial and other Officers.

6o.—(i) The Judges of the Supreme Court shall not Disquaiifica-
be capable of accepting or taking any other office or tion of judges
emolument, nor of carrying on any business whatso- J^g™ °' ^'^
ever, nor shall they accept any fees of office, perquisites,
emoluments or adA^antages whatsoever, other than and
except the salaries and allowances to be assigned to them
by His Majesty's Government or autho-rised by law.
(2) Nothing herein contained shall be held to pre- E.xceptions.
vent any of the Judges of the Supreme Court from accept-
ing and performing the duties of Judge or Commissioner
for the trial and adjudication of prize causes and other
maritime questions in the Colony, not already within the
jurisdiction of the Supreme Court, nor from accepting
the fees and profits legally attached to such offices, nor
render them disqualified by r'eason of their receiving
salaries and allowances as Judicial Commissioners in the
Federated Malay States or as Judges ot the State of
Johore.

61.—(1) No officer of the Supreme Court, or of a Dis- DisquaUflca-

trict Court, and no Police Magistrate shall, directly or jadicLiand
indirectly, himself or by any other person on his behalf, other offioeru.
302
A.D. 1 9 0 7 .
Ss. 62-64.
COURTS.

accept from any person any gift or reward for any act
or behaviour in his office other than his legal salary and
fees and profits of office, or hold any office in any bank
or public company, except as hereinafter excepted, or
carry on or be concerned in any dealings as a banker or
trader or agent, factor or broker, either for his own
advantage or for the advantage of any other person,
except such dealings as it is part of the duty of any such
officer by virtue of his office to carry on.
Saving clause
in case of
(2) Subsection (1) shall not apply to any advocate,
practising solicitor, administrator, executor, receiver or committee,
advocates, so far as he is held to be in that capacity merely for some
etc.
purposes an officer of the said Court.
Saving clause (3) This section shall not be construed to forbid any
as to unpaid
offices in officer of the said Court from holding any unpaid office
charitable in any society for charitable purposes, or for the advance-
societies, etc.
ment of knowledge or for the encouragement of science,
art or manufactures.
District 62. No District Judge, Assistant District Judge or
Judges and
others not to Police Magistrate shall, except with the permission of
act where
interested.
the Supreme Court or in a civil case with the consent of
the parties, try or commit for trial any case to or in which
he is a party or personally interested.
Officers of 6 3 . No officer of the Supreme Court or of a District
biTIt^aies" or Police Court having any duty to perform in connection
under Court, with the salc of auy property under the Civil or Criminal
Procedure Codes shall purchase or bid for the property.

Protection of Judicial and other Officers.

Judicial™ "* 64.-—(1) No Judge, District Judge, Assistant District
officers. Judge, Policc Magistrate, Coroner, Justice of the Peace
or other person acting judicially shall be liable to be sued
in any Civil Court for any act done by him in the dis-
charge 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.
(2) No officer of any Court or other person bound to
execute the lawful warrants or orders of any Judge,
District Judge, Assistant District Judge, Police Magis-
trate, Coroner, Justice of the Peace or other person acting
 303
A.D. 1 9 0 7 .
Ss. 65 & 66.
COURTS.

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 Avithin the jurisdiction of the per-
son issuing the same.

65.—(1) No action shall be brought against any public Provisions as

servant for anything done or bona fide intended to be
done in the exercise or supposed exercise of the powers
given by this Ordinance or by any rules made under it or
by the Civil Procedure Code or in respect of any alleged
neglect or default in such exercise or supposed exercise
(a) without giving to such person one month's pre-
vious 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.
(2) In every action so brought it shall be expressly Maiice to be
alleged that the defendant acted maliciously and without ^ ^^^ '
reasonable or probable cause, and if at the trial the
plaintiff fails to prove such allegation judgment shall
be given for the defendant.
(3) In any case where the amount of damages which Costs
the Court thinks proper to award in the cause shall
not exceed in amount any sum tendered or offered in
writing or any sum paid into Court by the defendant at
any time before trial, the plaintiff shall pay to the
defendant his costs of the action.
(4) In the event of any sufficient tender, offer in writ-
ing or payment into Court after action commenced the
costs up till the time of such tender, offer or payment in
shall be in the discretion of the Court, and the costs
after that time shall be payable by the plaintiff to the
defendant.
(5) This section shall not apply to a sheriff, bailiff or
other person authorized to execute the process of any
Court.

6 6 . No sheriff, bailiff or other person authorized to Action

execute the process of any Court shall be liable to an sherHf*and
action for breach of duty for damages beyond the amount other persons
of the loss which his breach of duty has occasioned. pfocess"^
304
A.D. 1 9 0 7 .
Ss. 67 & 6 8 .
COURTS.

Rules.
Power of 67.—(1) The Judges of the Supreme Court or any
Supreme three of them, of whom the Chief Justice shall be one,
Court to
make rules. may make rules and orders to regulate the practice, pro-
cedure, fees and costs of all Civil and Criminal Courts m
the Colony.
(2) A copy of all such rules and orders made by the
Judges under this Ordinance, certified under the hand of
the Chief Justice, shall, forthwith after the same is made,
be transmitted by the Chief Justice to the Governor to be
laid before the Legi.slative Council.
(3) No rule or order shall come into operation until it
has been approved by a resolution of the Legislative
Council at some meeting thereof subsequent to the meet-
ing at which it Avas first laid upon the table, but when
so approved it shall have the same force as though it had
been enacted by the Civil or Criminal Procedure Codes.

Council of Judges.
Councils of 68.—(1) A Council of the Judges of the Supreme
Judges to
consider Court, of which due notice shall be given to all the said
procedure
and adminis-
Judges, shall assemble once at least in every year, on such
tration of day or days as shall be fixed by the Chief Justice for the
justice. purpose of considering the operation of this Ordinance,
and of the Civil Procedure Code, and of any other statute
or rules of Court for the time being in 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 said Court, and of inquiring 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 which any appeal lies to the said
Court.
Annual (2) They shall report annually to the Governor what, if
report.
any, amendments or alterations it would, in their judg-
ment, be expedient to make in the law relating to the
administration of justice, and shall make any representa-
tions with regard to the administration of justice which
they think fit.
 305
A.D. 1 9 0 7 .
Ss. 69 & 70.
COURTS. .
(3) An Extraordinary Council of the said Judges may ^''*^f°jnj,°i;
also at any time be convened by the Chief Justice. '^^ °""" ^
(4) Every report made under this section shall, with Report to
all convenient despatch, be laid before the Legislative councu*"^
Council.

PART II.
ADVOCATES AND SOLICITORS AND
CONVEYANCERS.

Chapter VIII.
ADMISSION TO THE ROLL.
69.—(1) A roll of the advocates and solicitors, and Roiisof
conveyancers_ of the Supreme Court, with the date of soilcito^and
their respective admissions, shall be kept at each of the conveyan-
Settlements.
(2) The name, with date of admission, of every person
admitted shall be entered upon such roll in order.
(3) The admission of any person shall be notified forth-
with by the Registrar at the Settlement where he is
admitted to the other Registrars for entry upon the roll
in their custody.
(4) The expressions " advocate and solicitor" and
" solicitor " when used in this Ordinance mean an advo-
cate and solicitor of the Supreme Court.
7 0 . The Supreme Court may at its discretion admit Admission of
and enrol as an advocate and solicitor of the Supreme aurBTiicitors.
Court
(a) any barrister-at-law of England or Ireland, and
any member of the Faculty of Advocates in
Scotland, and any solicitor of the Supreme
Courts of Judicature in England and Ireland,
respectively, or writer to the signet, or an
enrolled law agent under the Law Agents
(Scotland) Act, 'l873, and the Acts amending 36 & 37 vict,
i.T_ c. 6 3 ,

the same;
(b) any articled clerk who is qualified under this
Ordinance.
Vol. II. 20
 306
A.D. 1 9 0 7 .
Ss. 71-73.
COURTS.

Saving rights 71.—(1) No person shall be admitted and enrolled as a

of persons
now admitted conveyancer only.
conveyan-
cers. (2) Persons who, under the provisions of any law in
force prior to the first day of April, 1908, have been
admitted and enrolled as conveyancers shall be entitled
subject to the other provisions of this Ordinance to ccm-
tinue to practise and shall be subject to the control of the
Court as to the taxation of their bills of costs.

Admission of Qualified Persons.

Petitions for 72.—(1) Every barrister-at-law of England or
admission,
and posting Ireland, and every member of the Faculty of Advocates in
notice. Scotland, and every solicitor of the Supreme Courts of
Judicature in England and Ireland, respectively, or
writer to the signet, or an enrolled law agent under the
36 & 37 Vict., Law Agents (Scotland) Act, 1873, and Acts amending
c. 63.
the same, who applies to be admitted and enrolled as
advocate and solicitor of the Supreme Court, shall do so
by petition to the Court at the Settlement where he
intends to practise, with testimonials to his good character
annexed.
(2) The applicant shall file the said petition in the
Registrar's office, accompanied with a notice intimating
that he has so applied, which notice shall be posted and
continue posted at the Registrar's office at each of the
Settlements.
(3) The applicant shall reside in the Colony or the-
Federated Malay States for six months before any order
shall be made by the Court on his petition.
(4) Such petition shall be heard in open Court on the
usual day for hearing petitions.
(5) The Court may, on application and on special
grounds to be stated on affidavit to be filed in Court seven
clear days before the same is used, shorten the time dur-
ing which the applicant is required to be resident and
such notice is required to be posted, and, if it thinks fit,
admit the petitioner at any time.

baTrkferr "^ 7 3 . No examination shall be necessary in the case of

and solicitors applicants for admission as advocates and solicitors of
jomexamina- ^^^ Supreme Court, who have been called to the Bar of
 307
A.D. 1 9 0 7
S. 74.
COURTS.

England or Ireland, or who are members of the Faculty

of Advocates in Scotland, or have been admitted solici-
tors or writers to the signet in England, Ireland or
Scotland, or as enrolled law agents, unless it appears that
by reason of the applicant having for any extended period
ceased to practise in his profession a further test of his
professional knowledge is necessary or desirable.

74.—(1) Every person who has been so called or Declaration

admitted, as aforesaid shall
{a) lodge in the office of the Registrar at the Settle-
ment where he intends to practise, before the
hearing of the petition, the certificate of such
previous call or admission;
(b) file a declaration signed by him in the presence
of the Registrar, who shall subscribe his name
as a witness thereto, which shall contain a
statement that
(i) the certificate of his admission so filed as
aforesaid is a true certificate;
(ii) the applicant is the person named therein;
(iii) he is still a member of the Bar of England
or Ireland, or of the Faculty of Advocates
in Scotland, or a solicitor or writer to the
signet in England, Scotland or Ireland,
or an enrolled law agent, as the case may
be;
•
(iv) he has resided in the Colony or in the
Federated Malay States for six months or
for such shorter period as the Court has
required;
(v) his name has not been struck off the rolls
of any Court; and ,
(vi) he has done no act or thing which would
cause him to be disbarred or which Avould
cause his name to be struck off the rolls.
(2) If such person has been called or admitted more
than one year, such declaration shall state in what manner
and where such person has been employed or practised.
(3) If such person has been called to the Bar, or Indian and
admitted as a solicitor or practitioner by whatever name Sm^tels etc
Vol. I I . 20A
 308
A.D. 1 9 0 7 .
Ss. 75 & 76.
COURTS.

called, of any Indian or Colonial Court, such declaration

shall state
(a) the name of every such Court and the date of
such call or admission;
(6) that he has not been disbarred or struck off the
rolls of such Indian or Colonial Court ^ r
suspended from practice; and
(c) that he has done no act or thing which would
cause him to be so disbarred, struck off or
suspended.
Service. (4) A copy of the petition and declaration shall be
served on the Attorney-General or, if the application is
to be made in Penang, upon the Solicitor-General, and
in any case on the Secretary of each of the Bar Com-
mittees in the Colony, and due notice of any application
to abridge the time and of the date of hearing of the
petition shall also be served.
Caveat. (5) Any person may enter a caveat against the admis-
sion of any such person, and upon such caveat being
entered no application for the admission of such person
shall be heard except after three clear days' notice to the
person entering the caveat.
(6) If at any time after the admission of any such
person as an advocate and solicitor it is shown to the
satisfaction of the Court that the petition or declaration
or testimonials contain any substantially false statement
or suppression of material facts, such admission shall be*
struck out.
Articled Clerks.
Articles of 7 5 . Any person, not possessed of the qualifications
clerkship.
specified in section 70 (a), who is desirous of being
admitted as an advocate and solicitor, shall enter into
articles of clerkship with a practising solicitor for ser-
vice as an articled clerk for a period of five years, and
shall serve such solicitor or another practising solicitor
as provided by section 81 for the whole of the said period.
Examination 76.—(1) Any pcrsou deslrous of entering into articles
ofcierkswp.^' of clcrkship may, before entering into such articles or
within six months from the date of any such articles,
apply to the Court for, and the Court may, unless it
 309
A.D. 1 9 0 7 .
S. 77.
COURTS.

thinks fit to exempt him from examination, make an

order appointing IAVO or more persons to examine him on
the following subjects, hereinafter called the preliminary
examination :—
(a) writing from dictation;
» (b) writing a short English composition; •
(c) reading aloud, for the correct pronunciation of '
the English language;
(d) arithmetic, the first four rules, simple and com-
pound, the rule of three and decimal and
vulgar fractions;
(e) geography of the world;
(/) history of England;
(g) Latin (elementary).
' (2) Each candidate shall pay a fee of fifty dollars to
defray the fees of the examiners.
(3) If upon such examination the examiners are satis-
fied as to the proficiency and fitness of a candidate, they
shall give to the candidate a certificate thereof.
(4) If the candidate fails to satisfy the examiners as
to his fitness and proficiency as aforesaid, he may, at any
time after the lapse of six months from the date of his
examination, apply to the Court for an order for a further
examination.

77.—(1) No solicitor shall limit of

(a) have more than two clerks at one and at the articled
same time Avho are bound by such contract in oierks.
Avriting as aforesaid to serve him as clerk;
(b) take, have, or retain any clerk who is bound by
contract in writing as aforesaid after such
solicitor has discontinued practising as or
- carrying on the business of a solicitor, nor
whilst such solicitor is retained or employed
as a writer or clerk by any other solicitor.
(2) Service by any clerk under articles to a solicitor
for and during any part of the time that such solicitor
is so employed as writer or clerk by any other solicitor
shall not be deemed or accounted as good service under
such articles.
310
A.D. 1 9 0 7 .
Ss. 78-80.
COURTS.

Articies'of ^8.—(1) Whenever auy person is bound by contract

SratFon lu writing to serve as a clerk to any solicitor as aforesaid,
by employer, J^^^Q soHcitor to whom such persou is so bound as aforesaid
shall, within six months after the date of every such
contract, make and duly swear, or cause or procure to be
• made and duly sworn, an affidavit or affidavits of such
solicitor having been duly admitted, and also of the
actual execution of every such contract by him, the said
solicitor, and by the person so to be bound to serve him
as a clerk as aforesaid.
(2) In every such affidavit shall be specified the names
of every such solicitor and of every such person so bound
and their places of abode respectively, together with the
day on which such contract was actually executed.
Registration. (3) Evcry such affidavit shall be filed within six months
next after the execution of the said contract with and by
the Registrar of the Court, who shall thereupon register
the said contract, and shall make and sign a memorandum
of the day of filing of such affidavit upon such affidavit
and also upon the said contract.
(4) Unless such contract or articles, together with a
certificate of the persons appointed to examine such
person as aforesaid that he has passed the preliminary
examination, are produced to the Registrar and regis-
tered by him within such six months as aforesaid, the
service of the clerk shall be reckoned to commence from
the date of such production and registration, unless the
Court, upon an application, of which notice shall be
given to the Attorney-General in Singapore or the
Solicitor-General in Penang, otherwise orders.
Actual
employment
7 9 . Every person who is bound by contract in writing
throughout to serve as a clerk to any solicitor shall, during the Avhole
term. time and term of service to be specified in such contract,
continue and be actually employed by such solicitor in
the proper business, practice or employment of a solicitor.

No other 8 0 . No person hereinafter bound by articles of clerk-

employment
allowed. ship to any solicitor shall, during the term of service
mentioned in such articles, hold any office or engage in
any employment whatsoever other than the employment
of clerk to such solicitor and his partner or partners,
if any, in the business.
 311
A.D. 1 9 0 7 .
Ss. 81-88.
COURTS.

8 1 . Where any person articled to a solicitor has not Jf^^f^'^lgg'*^

served as a clerk under such articles strictly within the
provisions of this Ordinance, but subsequently to the
execution of his articles bona fide serves, either continu-
ously or not, one or more solicitors as an articled clerk
for periods together equal in duration to the full term
for which he Avas originally articled, and has obtained
such certificates as he is required by this Ordinance to
obtain, the Court, in its discretion, if satisfied that such
irregular service was occasioned by accident, mistake or
some other sufficient cause, and that such service, although
irregular, was substantially equivalent to a regular ser-
vice, may admit such person to be a solicitor in the same
manner as if such service had been a regular service
within the meaning of this Ordinance.

82.—(1) If any solicitor to or with whom any such •'^®''|'^°jo

person is so bound happens to die before the expiration practise of
of the term for which such person is so bound, or dis- ^p^oyer.
continues or leaves off practice as a solicitor; or if such
contract is by mutual consent of the parties cancelled,
or in case such clerk is legally discharged before the
expiration of such term by any rule or order of the
Supreme Court, such clerk shall and may, in any of the
said cases, be bound by another contract or other contracts
in writing to serve as a clerk to any other practising
solicitor or solicitors during the residue of the said term.
(2) Service under such second or other contract in
manner hereinbefore mentioned shall be deemed and
taken to be good and effectual, provided that an affidavit
is duly made and filed of the execution of such second
or' other contract or contracts within three months from
the date of such new contract, and subject to the like
regulations with respect to the original contract and
affidavit of the execution thereof.

83.—(1) Every person who is bound as a clerk as Application

aforesaid or under the rules in force prior to the first uon!'""""''"
day of April, 1908, and has served for the period men-
tioned in his articles of clerkship, may apply to the Court
by petition for an order appointing two or more persons
to examine him as to his character and competency.
(2) Such Court shall make such order upon being satis-
fied by the affidavit of the applicant that he has been
412
A.D. 1 9 0 7 .
Ss. 84-88.
COURTS.

duly bound by articles as herein provided or in the rules

in force prior to the first day of April, 1908 and has
actually and really served and been employed by such
practising solicitor or solicitors during the whole time
and in the manner required by this Ordinance or by such
rules, and has not held any office or engaged in any other
employment contrary to this Ordinance.

Subjects of 84.—(1) The examination shall be in the following

examination.
subjects :—
(a) legal history;
(b) principles of law of real and personal property
and the practice of conveyancing;
(c) contracts and torts;
(d) civil and criminal procedure, criminal law and
the law of evidence;
(e) equity, trusts and easements;
(/) the law and practice of bankruptcy.
(2) Each candidate shall pay a fee of one hundred
and fifty dollars to defray the fees of the examiners.

Certificate of 8 5 . The cxamiuers shall certify to the Court whether

result. ^jjgy g^j,g satisfied or not as to the proficiency and fitness
of a candidate, in the form of a report of the result of
such examination.

Failure to 86.—(1) If the examiuers certify that they are not

p^'=- satisfied, the candidate may, at any time and from time
to time, not exceeding three times in all, apply for an
order for a further examination.
(2) If such application is made after a lapse of one
year from the date of the former examination, the
examiners shall inquire into and report as to the employ-
ment of the candidate during the intervening period.

anctafdat ^"^t ^^. ^^^ Candidate fails to present himself for

fixed for examination at the time and place appointed by the
examination, examjuers, he shall be deemed to have failed to pass such
examination.

of"::imw 8 8 . - ( l ) If the examiners certify to the Court that

report. they are satisfied with the proficiency and fitness of the
 313
A.D. 1 9 0 7 .
Ss. 89 & 90.
COURTS.

candidate, the candidate may apply to be admitted and

enrolled as an advocate and solicitor of the Supreme
Court by petition to the Court in the manner provided
by section 72.
(2) In the case of such applicant for admission, the
time of residence and the time during which the notice
required by section 72 shall be posted shall be one month.
(3) The provisions of section 74 as to the filing of a
declaration shall, as near as may be, apply, and section
74 (5) shall apply to such applicant for admission.

Requirements on Admission.
89.—(1) Every person admitted as an advocate and fj^^Jj^J"'™
solicitor of the Supreme Court shall on his admission take oath of
take the oath of allegiance to His Majesty and pay the ^^^11^"^.
duty imposed by law. duty." ^'^'^
(2) The duty shall be denoted on an instrument of
admission to be prepared and delivered to the person
admitted by the Registrar of the Court at the Settlement
in which such person is so admitted.

Certificate to Practise.
90.—(1) Every advocate and solicitor and every con- Certificate to
veyancer, every year before he does any act in the capacity P''*'^*^^®-
of an advocate and solicitor or conveyancer, shall deliver
to the Registrar of the Court at the Settlement at which
he practises a note in writing, stating his full name and
the full names of each of his partners, if any, and of any
advocate or solicitor of the Supreme Court in his employ.
(2) Upon payment of the proper duty, each of the
persons mentioned in such note shall be entitled to a
certificate authorizing him to practise in the Colony.
(3) The certificate shall be issued by the Registrar, and
shall be in force from the date of issue to the end of the
year.
(4) Any certificate taken out during the month of
January shall be deemed to have been in force from the
first day of the month.
314
A.D. 1 9 0 7 .
S. 91.
COURTS.

Penalty. (5) Any persou, who practises as an advocate and

solicitor in the Colony, Avho
(a) has not a certificate in force authorizing him to
practise;
(b) is in partnership with a person not having such
a certificate; or
(c) has in his employ any advocate and solicitor not
having such a certificate,
shall be liable to a fine not exceeding five hundred dollars,
and he shall not, nor shall any firm of advocates and
solicitors in which he is a partner, be entitled to recover
any costs, fee, rcAvard or disbursement incurred during
the time when he or any other person as aforesaid has
not had a certificate to practise.
(6) Nothing in this section shall apply to His Majesty's
!• Attorney-General and Solicitor-General or to any other
person acting under the authority of either of them.
(7) An offence under this section shall be tried before
a District Court.

Chapter IX.
CONTROL OF SOLICITORS AND STRIKING OFF
THE ROLL.
Power to
suspend or
91.—(1) Solicitors and conveyancers shall be subject
strike off the to the control of the Supreme Court, and shall be liable,
roll. on due cause shown, to be suspended from practice for
any period not exceeding two years or struck off the roll
of the Court.
(2) Such due cause may be shown by proof that such
person
(a) has been convicted of a criminal offence, imply-
ing a defect of character which unfits him
for his profession;
(b) has been guilty of fraudulent or grossly improper
conduct in the discharge of his professional
duty;
(c) has been adjudicated bankrupt and has been
guilty of any of the acts or omissions men-
tioned in section 33 (6) (a), (b), (c), {d), {e),
if), (h) or (i) of Ordinance No. 44 (Bank-
ruptcy) ;
 315
A.D. 1 9 0 7 .
S. 92.
COURTS.

(d) has tendered or given or consented to the reten-

tion, out of any fee payable to him for his
services, of any gratification for having pro-
cured the employment in any legal business
of himself or any other qualified person;
(e) has directly or indirectly procured or attempted
to procure the employment of himself or any
other qualified person through or by the
instruction of any person to whom any
remuneration for obtaining such employment
has been given by him or agreed or promised
to be so given;
(/) has accepted employment in any legal business
through a person who has been proclaimed a
tout under section 59;
{g) carries on by himself or any person in his
employment the business of an auctioneer, or
employs any person as his clerk who also
carries on business as an auctioneer;
(h) allows any clerk or other unqualified person to
undertake or carry on legal business in his
name, such other person not being under such
direct and immediate control of his principal
as to ensure that he does not act without
proper supervision; or
(i) has done some other act which would render him
liable to be disbarred or suspended or struck
off the rolls of the Court if a barrister or
solicitor in England.
92.—(1) Applications that an advocate and solicitor Procedure in
may be suspended from practice, or that he may be struck conductTy"
off the rolls, shall be by motion for an order calling upon advocates
,, 1 . 1 T - J . J . 1 oj- and solicitors.
the advocate and solicitor to show cause.
(2) An application for an order to show cause may be
made to the Court at any Settlement in its ordinary
jurisdiction, and shall, if the application is to suspend
from practice, be returnable before at least one Judge of
the Supreme Court, and shall, if the application is to
strike off the rolls, be returnable before the Chief Justice
and at least one Puisne Judge.
(3) A copy of the affidavit upon which the order was Copy of
granted shall be served with the order upon the advocate s^ved with^''
and solicitor named in the order. order to show
316
A.D. 1 9 0 7 .
Ss. 93 & 94.
COURTS.

Service (4) If the advocate and solicitor named in the order

personal on
.-idvocate and is or is believed to be within the Colony, the provisions
solicitor
within the - of the Civil Procedure Code for service of writs of
Colony, summons shall apply to the service of the order.
otherwise
procedure (5) If the advocate and solicitor is not within the
ex parte.
Colony, the Court may give such directions for the ser-
vice of the order, or for notice thereof, as it thinks fit,
or may proceed to make the order absolute ex parte.
(6) Any order absolute, made in cases where personal
service of the order to show cause has not been effected,
may be set aside on the application of the advocate and
solicitor, on good cause being shown.
(7) Such application shall be made to a Court of two
Judges, of whom the Chief Justice shall be one.

Account by 93.—(1) Where the relationship of solicitor and client

solicitor.
exists, or has existed, a summons may be issued by the
client or his representatives for the delivery of a cash
account, or the payment of moneys, or the delivery of
securities.
(2) The Court or a Judge may order the respondent
to deliver to the applicant a list of the moneys or securi-
ties which he has in his custody or control'on behalf of
the applicant, or to bring into Court the whole or any
part of the same, within such time as the Court or a
Judge orders.
(3) In the event of the respondent alleging that he has
a claim for costs, the Court or a Judge may make such
provision for the payment or security thereof or the
protection of the respondent's lien, if any, as the Court
or a Judge thinks fit.

Interim 94.—(1) If, during the taxation of any bill of costs

certificate.
or the taking of any account between solicitor and client,
it appears to the Registrar that there must in any event
be moneys due from the solicitor" to the client, the
Registrar may make an interim certificate as to the
amount so payable by the solicitor.
(2) Upon the filing of such certificate the Court or a
Judge may order the moneys so certified to be forthwith
paid to the client or brought into Court.
 317
A.D. 1 9 0 7 .
Ss. 95 & 96.
COURTS.

Bar Committee.

95.—(1) Whenever the number of the advocates and ^^"^ .

solicitors practising at any Settlement exceeds ten, the °™™'
Registrar of such Settlement, in the month of April in
each year, shall summon a meeting of the advocates and
solicitors practising in such Settlement, at a time and
place to be fixed by him.
(2) The senior advocate and solicitor present shall
preside at such meeting, and any committee elected by
such meeting and certified by the chairman as elected
shall be deemed to be the Bar Committee of the Settle-
ment until the next committee has been appointed.

96.—(1) The Bar Committee of any Settlement shall ;Duty of Bar:

• . ^ ' 1 1 m - •'^. t • p l^ Committee.
appoint a secretary and shall inquire into and, if they
think it necessary, make
(a) representations to the Supreme Court with
regard to the character of persons desiring
to be admitted to the roll of advocates and
solicitors; and
(6) reports to the Supreme Court with regard to any
complaints against the conduct of any
advocate and solicitor or conveyancer prac-
tising in the Settlement which are brought
before it.
(2) The Court or a Judge may order any person to
appear before a Bar Committee on an inquiry under this
section, and to bring and produce before it such books,
papers and writings as are specified in the order.
(3) Every such person shall accordingly attend before
the Committee, and shall produce the books, papers and
writings specified in the order according to the tenor of
suet order, and shall be legally bound to tell the truth.
(4) In sections 193 and 228 of the Penal Code the
words " judicial proceeding " shall be held to include any
inquiry under this section, and in section 228 the words
" public servant" shall be taken to include a member of
the Bat- Committee taking part in such inquiry as afore-
said.
 318
A.D. 1 9 0 7 .
Ss. 97-101.

COURTS.

^,°3*° *^1 9 7 . The Bar Committee of any Settlement may fill up

up vacancies. ^ • • , . , . i i i i - i . "
any vacancy which is caused by death or resignation
during its year of office.
™Z-?V,'H ''" 9 8 . The names of the Bar Committee elected and of
published m ».'^^. ^ _ i n i
Gozette. any persons appointed to fill any vacancies shall be
published in the Gazette.
Right to 9 9 . The Bar Committee of any Settlement may appear
appear before
Supreme before the Supreme Court by any of its members, or by
Court. other advocates and solicitors, on any application for
admission to the rolls of advocates and solicitors, or
for suspension from practice, or for striking off the said
rolls.

Chapter X.
PRIVILEGES OF ADVOCATES AND
SOLICITORS.
Exclusive Privileges.
Td^'oLTes' °* 100.—(1) Advocates and solicitors shall, subject to the
and solicitors, provisious of any written law, have the exclusive right
to appear and plead in all Courts of Justice in the Colony,
according to the law in force in such Courts.
(2) Nothing herein shall affect the right, which is
hereby declared, of His Majesty's Attorney-General and
Solicitor-General for the Colony and of persons
appointed to perform temporarily the duties of His
Majesty's Attorney-General or Solicitor-General for
the Colony to appear and plead on behalf of the Crown
in the said Courts.

Admission of Solicitor's Clerks to Appear in Chambers.

Leave to 101.—(1) The Court may, if it thinks fit, on the
managing application of any solicitor or firm of solicitors, allow
clerk to
appear in any person certified by them to be a bona fide managing
Chambers.
clerk in their employment to appear before the Judge or
Registrar in Chambers on behalf of such solicitor or
firm.
(2) Such permission shall only extend to the said clerk
while in the employ of the particular solicitor or firm,
and during the pleasure of the Court.
 319
A.D. 1 9 0 7 .
Ss. 102-104.
COURTS.
1 0 2 . Any person, other than an advocate and solicitor, Unqualified
who practising or
(a) acts as an advocate and solicitor, or agent for ^"^fg^o^tas
suitors, or Avho sues out any writ or process, a solicitor.
or commences, carries on, solicits or defends
any action, suit or other proceeding in the
name of any other person or in his own name
in any of the Courts of the Colony, or draws
or prepares any instrument relating to any
proceeding in any of the Courts of the Colony;
or '
(b) wilfully and falsely pretends to be, or takes or
uses any name, title, addition or description
implying that he is duly qualified to act as an
advocate and solicitor, or that he is recognized
by law as so qualified,
shall be liable to a fine not exceeding five hundred dollars.

103.—(1) Any person who, not being an advocate and ^g^^'^^^'*®'^

solicitor or a conveyancer, either directly or indirectly, drawing
for or in expectation of any fee, gain or reward, draws instruments.
or prepares any instrument relating to immovable or
movable property, shall be liable to a fine not exceeding
five hundred dollars.
(2) Nothing herein shall prevent any litigant in
person or any person having a right to appear under
the Civil Procedure Code or any other written law from
attending, pleading and doing any act with regard to
any proceeding in which he is a litigant in person or in
which he has a right to appear.
104.—(1) The provisions of sections 102 and 103 do auaiiecations
. . 1 / to sections
not extend to 102 and 103.
(a) His Majesty's Attorney-General or Solicitor-
General or any other person acting under the
authority of either of them;
(b) any public officer drawing or preparing instru-
ments in the course of his duty; or
(c) any person employed merely to engross any
instrument or proceeding.
(2) The expression " instrument" in sections 102 and
103 does not include
(a) a will or other testamentary instrument;
320
A.D. 1 9 0 7 .
Ss. 105-107.
COURTS.

(6) an agreement under hand only;

(c) a letter or power of attorney; or
(d) a transfer of stock containing no trust or
limitation thereof.
Offences. (3) All offences under sections 102 and 103 shall be
tried before a District Court.

Chapter XI.
REMUNERATION OF SOLICITORS BY
AGREEMENT.
Definition of 1 0 5 . In this Chapter "client" includes any person
"client." who, as principal or pn behalf of another person, retains
or employs, or is about to retain or employ, a solicitor
and any person who is or may be liable to pay the bill
of costs of a solicitor.
Agreement as 106.—(1) A solicitor may make an agreement in
to remunera-
tion. Avriting with his client respecting the amount and manner
of payment for the whole or any part of his costs in
respect of business done or to be done by such solicitor,
either by a gross sum, or by commission, or percentage,
or salary, or otherwise, and either at the same or at a
greater or at a less rate as or than the rate at which he
would otherwise be entitled to be remunerated.
(2) Every such agreement shall be subject to the pro-
visions and conditions contained in this Chapter.

Saving of 107.—(1) Such an agreement as mentioned in section

interests of
third parties 106 shall not affect the amount of, or any rights or
when agree- remedies for the recovery of, any costs recoverable from
ment entered
into. the client by any other person, or payable to the client
by any other person.
(2) Any such other person may require any costs pay-
able or recoverable by him to or from the client to be
taxed according to the rules for the time being in force
for the taxation of such costs, unless such person has
otherwise agreed.
(3) The client Avho has entered into such agreement
shall not be entitled to recover from any other person,
 321
AD. 1 9 0 7 .
Ss. 108-111.
COURTS.

under any order for the payment of any costs which are
the subject of such agreement, more than the amount
payable by the client to his OAvn solicitor under the same.
108. Such an agreement shall be deemed to exclude Agreement
any further claim of the solicitor beyond the terms of the furXrVaim
agreement in respect of any services, fees, charges or
disbursements in relation to the conduct and completion
of the business in reference to which the agreement is
made, except such services, fees, charges or disburse-
ments, if any, as are expressly excepted by the agreement.
109. A provision in any such agreement that tbe o/'esponsi"-
solicitor shall not be liable, for negligence, or that he biiity for
shall be relieved from any responsibility to Avhich he "^^igence.
would otherwise be subject as such solicitor, shall be
wholly void.

110. No action or suit shall be brought or instituted S'reTm'^nts

upon any such agreement, but every question respecting
the validity or effect of any such agreement may be
examined and determined, and the agreement may be
enforced or set aside without suit or action on summons, _,^
motion or petition of any person or the representatives '
of any person a party to such agreement, or being or
alleged to be liable to pay, or being or claiming to be
entitled to be paid the costs, fees, charges or disburse-
ments in respect of which the agreement is made, by the
Court in which the business or any part thereof was done
or a Judge thereof, or, if the business was not done in
any Court, then by the Supreme Court or a Judge thereof,
111.—(1) Upon any such summons, motion or petition Power to set
as aforesaid, if it appears to the Court or Judge that pro^^erTgree-
such agreement is in all respects fair and reasonable "i«"ts.
between the parties, the same may be enforced by such
Court or Judge by rule or order, in such manner and
subject to such conditions, if any, as to the costs of such
summons, motion or petition as such Court or Judge
thinks fit.

(2) If the terms of such agreement are not deemed by

the Court or Judge to be fair and reasonable, the same
may be declared void, and the Court or Judge may there-
upon order such agreement to be given up to be cancelled,
Vol. I I . 21
 322
A.D. 1 9 0 7 .
Ss. 112 & 118.
COURTS.

and may direct the costs, fees, charges and disbursements

incurred or chargeable in respect of the matters included
therein to be taxed, in the same manner and according
to the same rules as if such agreement had not been made.
(3) The Court or Judge may also make such order as
to the costs of and relating to such summons, motion or
petition and the proceedings thereon as to the said Court
or Judge seems fit.
Re-opening- 1 1 2 . When the amount agreed for under any such
after pay-
ment. agreement has been paid by or on behalf of the client or
by any person chargeable Avith or entitled to pay the
same, any Court or Judge having jurisdiction to examine
and enforce such an agreement may, on application by
the person who has paid such amount within twelve
months after payment thereof, if it appears to such Court
or Judge that the special circumstances of the case require
the agreement to be re-opened, re-open the same, and order
the costs, fees, charges and disbursements to be taxed,
and the whole or any portion of the amount received by
the solicitor to be repaid by him, on such terms and
conditions as to the Court or Judge sesm just.
Agreement by 113.—(1) Where any such agreement is made by the
guardian or
trustee. client, in the capacity of guardian or of trustee under a
deed or will, or of committee of any person or persons
•whose estate or property will he chargeable with the
amount payable under such agreement or with any part
of_ such amount, the agreement shall before payment be
laid before the Registrar of the Supreme Court, who shall
examine the same and disallow any part thereof, or may
require the direction of the Court or a Judge to be taken
thereon by summons, motion or [)etition.
(2) If in any such case
(a) the client pays the Avhole or any part of the
amount payable under the agreement without
tlie previous alloAvance of the Registrar or
Court or Judge as aforesaid, he shall be liable
at any time to account to the person whose
estate or property is charged with the amount
paid, or with any part thereof, for the amount
so charged; and
 323
A.D. 1 9 0 7 .
Ss. 114 & 115.
COURTS.

(b) the solicitor accepts payment without such allow-

ance,
any Court which would have had jurisdiction to enforce
the agreement may, if it thinks fit, order him to refund the
amount so received by him under the agreement.

1 1 4 . Nothing in this Ordinance shall be construed to ^/°^,'|'^Ji°°'

give validity to stipulations.
.. (a) any purchase by any solicitor of the interest or
any part of the interest of his client in any
suit, action or other contentious proceeding
to be brought or maintained;
(b) any agreement by Avhich a solicitor retained or
employed to prosecute any suit or action
stipulates for payment only in the event of
success in such suit, action or proceeding; or -
(c) any disposition, contract, settlement, conveyance, ^^YtT-^aiidate
delivery, dealing or transfer which is void or contract void
invalid against the Official Assignee under the '"^ ^i'"^^'
• • f . 1 1 ! • 1 1 ruptcy.
provisions of the laws relating to bankruptcy.
115.—(1) V/here a solicitor has made an agreement Death of
with his client, in pursuance of this Ordinance, and ^""eemenf*'*'^
anything has been done by such solicitor under the agree-
ment and, before the agreement has been completely
performed by him, such solicitor dies or becomes incapable
to act, an application may be made to the Supreme Court
by any party thereto or by the representatives of any such
party, and the Court shall thereupon have the same power
to enforce or set aside such agreement, so far as the same
may have been acted upon, as if such death or incapacity
had not happened.
(2) The Court, if it deems the agreement to be in all
respects fair and reasonable, may order the amount due
in I'espect of the past performance of the agreement to
be ascertained by taxation.
(3) The Registrar in ascertaining such amount shall
have regard, so far as may be, to the terms of the agree-
ment.
(4) Payment of the amount found to be due may be
enforced in the same manner as if the agreement had been
completely performed by the solicitor.
Vol. I I . 21A .
324
A.D. 1 9 0 7 .
Ss. 116 & 117.
COURTS.
Change of 116.—(1) If, after any such agreement as aforesaid
solicitor afler
agreement. has been made, the client changes his solicitor before the
conclusion of the business to which such agreement
relates, Avhich he may do notwithstanding such agree-
ment, the solicitor, party to such agreement, shall be
deemed to have become incapable to act under the same
within the meaning of section 115.
(2) Upon any order being made for taxation of the
amount due to such solicitor in respect of the past per-
formance of such agreement, the Court shall direct the
Registrar to have regard to the circumstances under
Avhich such change of solicitor has taken place.
(3) Upon such taxation the solicitor shall not be deemed
entitled to the full amount of the remuneration agreed
to be paid to him unless it appears that there has been
no default, negligence, improper delay or other conduct
on his part affording reasonable ground to the client for
such change of solicitor.

Chapter XII.
CONVEYANCING AND NON-CONTENTIOUS
BUSINESS.
Costs in
conveyancing' 1 1 7 . The remuneration of a solicitor in respect of
and non- business connected with sales, purchases, leases, settle-
contentious
business. ments and other matters of conveyancing, and in respect
of other business, not being business in any action or
transacted in any Court, is to be regulated as follows :—
Costs of sales,
purchases, (a) in respect of sales, purchases and mortgages
and
mortgages completed, the remuneration of the solicitor
completed to having the conduct of the business, whether
he regulated
by ad valorem for the vendor; purchaser, mortgagor or mort-
scale in gagee, shall be that prescribed in the schedule,
schedule.
and shall be subject to the regulations therein
contained;
Costs of
uncompleted (b) in respect of business connected with any trans-
matters and
other than action, the remuneration for Avhich, if com-
eale.<!, pleted, is prescribed in the schedule, but which
purchases and
mortgages is not in fact completed, and in respect of
to be settlements, leases or licences, or agreements
regulated by
scale in therefor, reconveyances, transfers of mortgage
schedule.
 325
A.D. 1^07.
Ss. 118-122.
COURTS.

or further charges not provided for in the

schedule, assignments of leases not by way of
purchase or mortgage, and in respect of all
other deeds or documents, and of all other
business, the remuneration for which is not
prescribed in the schedule, the remuneration
shall be as near thereto as may be, but subject
to revision by the Registrar.
1 1 8 . The remuneration prescribed by the schedule Astodis-
/ • . i n . - T i . bursemenis,
(a) shall not include etc., under
(i) stamps, auctioneer's or valuer's charges, sciiie.''"""
travelling expenses, fees paid on searches
or registrations, costs of extracts from
any register, or other disbursements
reasonably and properly paid;
(ii) any business of a contentious character;
(iii) any proceedings in any Court;
(b) shall include the registration of documents
requiring registration, allowances for the
time of the solicitor and his clerks, and
charges for copying and stationery, and all
other similar disbursements.
1 1 9 . Where a conveyance and mortgage of the same Conveyance
property are completed at the same time, and are prepared compTetef aP
by the same solicitor, he shall be entitled to charge only ^^""^ *™''-
his full charges upon the purchase money, with such addi-
tional sum as the Registrar deems reasonable.
120.—(1) Fractions of one hundred dollars are to be f[oS'''°"^°*
reckoned as one hundred dollars.
(2) Where the prescribed remuneration would, but for ^osts under
this provision, amount to less than twenty dollars, the
prescribed remuneration shall-be twenty dollars.
1 2 1 . Where a property is sold subject to incumbrances, scaie of
the amount of the incumbrance is to be deemed a part redemption.
of the purchase money except where the mortgagee
purchases, in*which case the charge of his solicitor shall
be calculated upon the price of the equity of redemption.
1 2 2 . The above scale as to mortgages Transfer.^ of
•^*-""'* o a mortgages
(a) shall apply to transfers of mortgages where the and further
title is investigated; ° "^^''
./

326
A.D. 1 9 0 7 .
Ss. 123-125.
COURTS.
(b) shall not apj)]y to
(i) transfers where the title was investigated
by the same solicitor on the original mort-
gage,' 01" on any previous transfer;
(ii) further charges Avhere the title has been
so previously investigated.
Charges, etc., 123.—(1) Any solicitor, to Avhoni, either alone or.
wheie mort-
gage is made jointly with any other person, a mortgage is made, or the
with solicitor. firm of which such solicitor is a member, shall be entitled
to receive,-for all business transacted and acts done by
such solicitor or firm in negotiating the loan, deducing
and investigating tlie title to the property, and preparing
and completing the mortgage, all -such charges and
remuneration as he or they Avould have been entitled to
receive, if such mortgage had been made to a person not a
solicitor, and such person had retained and employed such
solicitor or firm to transact such business and do such
acts.
(2) Such charges and remuneration shall accordingly
be recoverable from the mortgagor.
tiight of
solicitor with
124.—(1) Any solicitor, to or in whom, either alone or
whom mort- jointly with any other person, any mortgage is made, or is
gage is made vested by transfer or transmission, or the firm of which
to recover
costs, etc. such solicitor is a member, shall be entitled to receive and
recover, from the person on whose behalf the same is done,
or to charge against the security for all business tran-
sacted and acts done by such solicitor or firm subsequent
and in relation to such mortgage, or to the security
thereby created, or the property therein comprised, all
such charges and remuneration as he or they would have
been entitled to receive, if such mortgage had been made
to and had remained vested in a person not a solicitor, and
such person had retained and employed such solicitor or
firm to transact such business and do such acts.
(2) No such mortgage shall be redeemed except upon
payment of such charges and remuneration.

Chapter XIII.
RECOVERY OF AND TAXATION OF COSTS.
Definition of 1 2 5 . The expression "solicitor" in this Chapter means
'• Solicitor."
and includes the legal representatives of any solicitor
 327
A.D. 1 9 0 7 .
Ss. 126-128.
COURTS.

deceased, and if the solicitor dies pending the proceed-

ings an order.m^y be obtained ex parte to revive the
proceedings agaiiist his representatives.
126.—(1) In every case in which a solicitor is ^"^J^j*^''.
em.ployed to prosecute or defend any action in any Court charge on ^
in the Colony, the Court before which any such action i™
' pi;^^^J'^j
has been heard or is depending may declare such solicitor oi-VeferVed.
entitled to a charge upon the property recovered or
preserved.
(2) Upon such declaration being made, such solicitor
shall haA^e a charge upon and against, and a right to
payment out of, the property, of whatsoever nature,
tenure or kind the same may be, which has been recovered
dr preserved through the instrumentality of any such
solicitor, for the taxed costs, charges and expenses of
or in reference to such suit, matter or proceeding.
(3) Such Court or Judge may make such order or
orders for taxation of and for raising and payment of
such costs, charges and expenses out of the said property
as to such Court or Judge appears just and proper.
(4) No such order shall be made by any such Court
in any case in which the right to recover payment of
such costs, charges and expenses is barred by statute.
127. No solicitor, except by leave of the Court, shall Solicitor no
commence or maintain any action for the recovery of any actb^s'ior
fees, charges or disbursements for any business done by f«8s until r '
him until the expiration of one month after he has "eirveryof'
delivered to the party to be charged therewith, or sent '°'^^^-
by the post to, or left with him at his office or place of
business, dwelling house or last known place of abode, a
bill of such fees, charges and disbursements, which bill
shall either be signed by such solicitor, or in the case of a
partnership, by any of the partners, either with his own '^''
name or with the name or style of such partnership, or •
be enclosed in or accompanied by a letter, signed in like
manner, referring to such bill.
128. The Supreme Court may authorize a solicitor, court may
,• I? ii, i? -L • i? authorize
to commence an action tor the recovery ot his fees, action for
charges or disbursements, and also refer his bill of fees, ^^"15^°^
charges and disbursements for taxation by the Registrar, expirrtio^of
although one month has not expired from the delivery of Xr""deiiver
the bill, upon proof to its satisfaction that any party of bills. ^^^^^
 328 . .
A.D, 1 9 0 7 .
Ss. 129-133.
COURTS.

chargeable therewith is about to quit the Settlement, o r '

to have a receiving order made against him, or to take
any other steps or do any other act, which in its opinion
Avould tend to defeat or delay such solicitor in obtaining
payment.
Order for ^29.—(1) Au Older for the taxation of a bill of costs
I fl.^n.T"IOTl OT

delivered bui delivered by any solicitor may be obtained on a petition

of costs. Qf course by the party chargeable therewith, or by any
person liable to pay the same either to the party charge-
able or to the solicitor, at any time within six months
from the delivery of such bill, or, by the solicitor, after
the expiration of one calendar month and within a year
from such delivery.
(2) The order shall contain such directions and con-
ditions as the Court thinks proper, and any party
aggrieved by any such order of course may apply by
summons in Chambers that the same may be amended or
varied.
if, 1 3 0 . The costs of obtaining- an order for taxation of
•^'.tion costs, including petition of course, order and service of
.'dat$5. order, but not including any Court fees payable thereon
or disbursements, if the same is obtained by the solicitor
of the applicant, or by the solicitor, shall be the sum of
five dollars.
tht^from 1 3 1 . After the expiration of such six months from
.'eryor the delivery of a bill of costs, or after payment of the
LrJi"™' same, no order shall be made for taxation of a solicitor's
istanoes to bill of costs, cxccpt upou uotice to the solicitor, and
itio^" " under special circumstances to be proved to the satisfac-
tion of the Court.
1 3 2 . All petitions by a party chargeable with or liable
for a bill of costs shall, unless the same has been
already paid, contain a submission by such party to pay
the amount thereof to such solicitor when taxed.
liCe/yof . 133.—(1) An order for the delivery of a solicitor's
1 of costs bill of costs, and for delivery up of any deeds, documents
of courlr'^ 0^' other papers in the possession of such solicitor, subject
to any lien which such solicitor may have, and for the
taxation of such bill Avhen delivered, may be obtained on
a petition -^ course.
 329
A.D. 1 9 0 7 . -
*• Ss. 134-137.
COURTS. ''

(2) Upon such petition being filed, the Registrar shall

mark the order thereon forthwith, and draw up the order
if necessary.
1 3 4 . When application is made by a party other than Solicitor to
the party chargeable, the Court may order the solicitor of buToT^^^
to deliver to the p a r t y making the application a copy of costs. - •
the bill, upon payment of the costs of making such copy.
1 3 5 . Bills of costs for taxation as between solicitor i'™paration
and client shall be drawn in the manner provided by the costs a^s°
Civil Procedure Code, and the taxation shall be governed between
by the rules contained in that Code. client, and "
taxation.
1 3 6 . The Registrar may allow interest, at such rate interest w'^
and from such time as he thinks just, on moneys dis- beaiiow
bursed by a solicitor for his client, and on moneys of the I'D res^iet
client in the hands of the solicitor and improperly disburse.
^ . 1 , 1 . J. i- ./ nients an
retained by him. advances.
137.—(1) In case any order for taxation is made Costs of
upon the application of the party chargeable or liable, or ^^^^l^^^i
of the solicitor, the costs of such order and taxation,
except when the order has been made after the expiration
of one year, shall be paid according to the event of such
taxation
(a) if the bill when taxed is less by a sixth part
than the lull delivered, then the solicitor shall
pay such costs; ,
(b) if the bill when taxed is not less by a sixth part,
then the party chargeable or liable, if such
application is made by him, or if he attends
the taxation, shall pay such costs.
(2) Every order for such reference shall direct the
Registrar to tax the costs of such reference, and to certify •
what, upon such reference, is found to be due to or from
such solicitor in respect of such bill, and of the costs of
such reference, if payable.
(3) The Registrar may certify specially any circum-
stances relating to such bill or taxation.
(4) The Court may make thereupon any such order as
it thinks right, respecting the payment of the costs of
such taxation.
(5) Where such reference is made, when the same is
not authorized except under special circumstances, the
Court may give any special directions relative to the costs
of such reference.
330
AD. 1 9 0 7 .
Schedule.
COURTS.

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 331
A.D. 1907.
Ss. 1-4.

• CIVIL PROCEDURE CODE,

i Ordinance No. 102,
[ORDINANCE XXXI. OF 1907; .,
1st April, 1908.] ^

Tv consolidate the law relating to the. Procedure in the

-. Courts of Civil Jurisdiction in the Colony.
1. This Ordinance may be cited as the Civil Procedure short title.
Code. .

Chapter I.
INTRODUCTORY. '
2.-^(1) Any action, suit, or matter. pending on the Pending- •
first day of April, 1908, shall, so far as circumstances "'°'"^''''
permit, be continued and proceeded with to final judgment
and execution under the provisions of this Code and of .
Ordinanee No. I l l (Civil Law), in the same manner in ^
every respect as if the same had been originally instituted
after the first day of April, 1908, and the Court may make
all such special ojders in any such action, suit or other
matter as are necessary for that purpose.
(2) The Court may, on reasonable cause being shown,
direct that any such action, suit, or matter commenced
before the first day of April, 1908, shall be continued, as
if this Code had not passed, up to the execution or to final
judgment or to any stage of the action, suit, or matter
which the Court may direct, after which stage this Code
shall be applicable.

3 . Where no other provision is made by this Code, or intheabsenci

by any other law in force for the time being, the procedure ll thucide
and practice for the time being_in force in the Supreme English .
Court of Judicature in England shall, as near as may be, Cfoiiowei
be followed and adopted.

4. In this Code, unless there is something repjignant interpreta-

in th'e subject or context, tio°.-
 332
AD. 1 9 0 7
S. 4.
CIVIL PROCEDURE CODE.

" The Court " means the Supreme Court or a Judge

thereof, when sitting in open Court, except in
Chapters LIV, LV and LVI, where " the
Court " means a District Court;
" Judge " means a Judge of the Supreme Court sit-
ting in Chambers, and includes, in cas3s where ,
he is empowered to act, the Registrar;
•' The Court of Appeal " means three or more Judges
of the Supreme Court sitting in Court for the
hearing of appeals, as provided by Ordinance
No. 101 (Courts);
" The Registry " means the Registry of the Supreme
Court at any Settleinent;
" Registrar " means the Registrar of the Supreme
Court at any Settlement, and includes a
Deputy Registrar;
" Sheriff" means the Sheriff at any Settlement, and
inclu'des his staff of bailiffs, process servers,
and other persons authorized to execute or
serve the process of the Court;
" District Court " means a District Judge sitting in
Court or in Chambers, and includes an
Assistant District Judge where he is em-
powered to act under Ordinance No. 101
(Courts);
" Bailiff' " means a bailiff of any Civil Court, and
includes any person authorized to execute or
serve the process of a Court;
The words " Cause," "Action," " Suit" are synonjjm-
ous terms, and mean a civil proceeding,
between a plaintiff and a defendant, com-
menced by writ or in such other -manner as is
prescribed by this Code, but do not include a
criminal proceeding by the Crown; ,
" Judgment" and " Decree" shall be deemed
synonymous terms;
" Statute " means any Imperial Act or any Colonial
Ordinance in force in the Colony, and shall
include all rules and orders of Court made
under any such Act or Ordinance;
 333
A.D. 1 9 0 7 .
S. 6.
CIVIL PROCEDURE CODE.

" Originating Summons" means every summons other

than a summons in a pending cause or matter;
" Matter " includes every proceeding in Court not
in a cause;
" Party " includes every person served, with notice
of or attending any proceeding although not
named in the record;
" Plaintiff " includes every person asking any relief,
otherwise than by way of counterclaim as a
defendant, against any other person, by any
form of proceeding, whether the same is taken
by action, suit, petition, motion, summons, or
otherwise;
" Defendant " includes every person served with any
writ of summons or process, or served with
notice of or entitled to^ attend any proceed-
ings ;
" Probate Actions " include such actions and other
matters relating to the grant or recall of pro-
bate or of letters of administration, as are
referred to in sections 908 and 917 of this
Code.

5. Subject to the provisions of any Statute relating saving

thereto, nothing in this Code shall ''''"'''•
(a) affect the rights, privileges or remedies of the
Crown further or otherwise than is expressly
enacted on that behalf, or be held to repeal by
implication or otherwise any of the provisions
of Ordinance No. 22 (Crown Suits);
(b) affect the existing jurisdiction or powers of the
Court further or otherwise than is herein
expressly enacted in that behalf; or
•
(c) affect the practice and procedure of the Court
prescribed by any Statute for the time being
in force relating to
(i) causes or matters in its Admiralty Juris-
diction ;
(ii) causes or matters in Bankruptcy;
334
A.D. 1 9 0 7 .
Ss. 6 & 7.
CIVIL PROCEDURE CODE.

(iii) the incorporation, regulati'dn, and wind-

ing-up of companies or other associations;
or
I (iv) matters as to which any special mode of
' procedure is prescribed by any statute.

Chapter II.
GENERAL PROVISIONS.
Hooks to be
kept in
6.—(1) The Registrar of the Supreme Court at each
Courts. Settlement and the Clerk of each District Court shall keep
the following books :—
(a) a Cause Book;
(b) a Distress Book;
(c) a Probate Book; and
(d) a Caveat Book.
(2) The Registrar at each Settlement shall also keep :—
(a) an Accountant-Greneral's Direction Book;
(b) a Decree Book;_ and
(c) the Register of Wills referred ^ in section 920.

Cause Book. 7,—(1) A Causo Book shall contain the following

particulars : ^
(a) the serial number of every cause instituted in the
Court;
(b) the names of the parties, or other the title of the
cause;
(c) the nature of the claim;
(d) the date and amount of the judgment, and for
whom given;
(e) the issue of any writ of execution, and what sums,
if any, have been received by virtue thereof;
and
(/) the satisfaction, if any, of the judgment.
(2) Every cause instituted in the Court shall be entered
in such book in the order in which it was instituted, and
shall be numbered consecutively with a serial number,
beginning each year with the number 1.
 335
A.D. 1 9 0 7 .
Ss. 8-10.
CIVIL PROCEDURE CODE.

(3) An alph-abetical list of every cause in the Cause

Book shall also be kept.

8.—(1) A Decree Book shall contain an entry of every Decree Book.

final judgment or order of the Supreme Court, and
whether by default, confession, or by consent of parties.
(2) Such entry shall be signed by the Registrar and
sealed, and an alphabetical index thereof shall be kept.
(3) The hour and minute of entering every judgment
or order shall be noted in the Decree Book.

9. A Distress Book shall contain an entry of every Distress Book.

affidavit for a writ of distress in the order in which it was
issued, and each affidavit shall be numbered consecutively
under a serial number, beginning each year with the
number 1. p,

10.—(1) The Probate Book kept by a Registrar of the rrobate-Boou

Supreme Court shall contain entries with regard to all
petitions for probate or letters of administration, or any
application for altering or revoking any grants, and
whether such petitions were filed in the Supreme Court
or in a District Court in a Settlement, and of petitions
for re-sealing grants presented at the Settlement, and of
the orders made on any petition or application.
(2) Each petition shall be numbered consecutively with
a serial number, beginning each year with the number 1.
(3) The Clerk of every District Court shall, on any
petition for probate or letters of administration, or any
application for altering or revoking any grant, being filed
in his Court, forthwith give notice thereof to the Registrar
of the Settlement, who shall assign the serial number and
communicate the same to the District Court.
(4) The Clerk shall also give notice to the Registrar of
the order made on any petition or application.
(5) The Probate Book kept by a District Court shall
contain entries with regard to all petitions for probate
and letters of administration presented to the Court, and
any application for altering or revoking any grants.
 336
A.D. 1 9 0 7 .
Ss. 11-13.
CIVIL PROCEDURE CODE.

(6) Each petition shall be numbered with the seri;5l

number assigned to it under subsection (3).

Caveat Boob. 11.—(1) A Caveat Book shall contain entries of all

caveats filed in any Court, or of which notices have been
given under this section.
(2) The Registrar shall, on any caveat being filed in the
Supreme Court under section 894, or on notice of any
caveat being given, under subsection (3), forthwith give
notice thereof to the Registrar at each Settlement and to
the Chief Clerks of the District Courts within the
Settlement.
(3) Every District Court shall, on any caveat being
filed in any such Court under section 894, forthwith give
notice thereof to the Registrar at the Settlement.
(4) Where notice of the withdrawal of a caveat is filed,
notices thereof shall be given in the same manner a.s
notices of a. caveat are required to be given under this
section, and an entry of such withdrawal shall he made
in each Caveat Book.
• (6) Caveat Books shall be open for inspection by any
person.

Accountant- 12. Au Accountant-General's Direction Book shall

DirTctiJ'n contain an entry of every direction and order for the
Book. payment of money into and out of Court.

Tssue of 13.—(1) Whenever any person entitled thereto applies

decrees or for a decree of the Supreme Court, tli^ Registrar shall
judgments.
issue an office copy or office copies of the decree, taken
from the Decree Book, under the seal of the Court, and
countersigned by him.
(2) Whenever any person entitled thereto applies for
a decree of a District Court, the Clerk of such Court shall
issue an office copy or office copies from the Cause Book
under the seal of such Court and countersigned by the
District Judge or Assistant District Judge.
(3) Every copy of a decree so sealed, signed and issued
shall lie held to be of the same validity as the original in
 337
A.D. 1 9 0 7 .
Ss. 14rl8.
CIVIL PROCEDURE CODE.

the Decree or Cause Book, as the case may be, till shown
to be incorrectly copied.

14. All copies, certificates, and other documents Sealed copies

appearing to be sealed with the seal of the Court and Lg's™'^*''
countersigned by the Registrar or District Judge, as the
case may be, shall be presumed to be office copies or certifi-
cates or other documents issued from the Court, and may
be received in evidence.

1 5 . In the Supreme Court an index shall be kept with index of file.?

each set of cause papers, and each document as it is filed conrt^'^'"'^
shall be numbered consecutively, and entered in the index
under the corresponding number.

16. For the purpose of enabling all persons to obtain certificate of

DrocGBCliiifirs
precise information as to the state of any cause in the in cause dv
Supreme Court, and to take the means of preventing m^t^r.
improper delay in the progress thereof, the Registrar
shall, at the request of any person, whether a party or not
to the cause inquired after, but on payment of the fee
specified in schedule B, give a certificate specifying
therein the dates and general description of the several
proceedings which have been taken in such cause in the
Registry.
17.—(1) Where any deeds or other documents are Deeds m.ay be
ordered to be left or deposited, whether for safe custody, the'Re'gistr'^
or for the purpose of any inquiry in Chambers or other-
wise, the same shall be left or deposited in the Registry,
or in the case of a District Court with the District Judge,
and shall be subject to such directions as are given for
the production thereof.
(2) No effects of suitors, consisting of jewels or plate
or other articles of a like nature, or negotiable securities,
are tO' be so deposited, or otherwise than as provided by
this Code.

18. Every proceeding in any Court, and every judg- Proceeding

ment, order, certificate, petition, affidavit, or document, wStenand ^
made, presented, filed, o-r tised in any cause or matter, partiyprinted.
shall, unless the nature of the document renders it
Vol. II. • • " 22
 338
A.D. 1 9 0 7 .
Ss. 19-24.
CIVIL PROCEDURE CODE.

impracticable, be written, tyj^ewritten, or printed, or

partly, written, partly typewritten and partly printed, on
Quality of foolscap folio paper of good quality, and shall have an
paper, sine,
margin, and inner margin of about three-quarters of an inch wide, and
folding. an outer margin of two inches and a half wide, and the
leaves, if more than one, shall be joined bookwise, and be
folded in half and endorsed lengthwise.

Serial num- 19. Every.such proceeding, and other document as

bers, general aforesaid, shall commence at the right hand top corner
headings, and
titles to with the year and serial number of the action or matter
appear on all
proceedings. in the prescribed form, and be marked with the name of
the Court, the name of the Settlement or District, and the
title of the cause or matter in the prescribed form.

Indorsement. 2 0 . The indorsement shall bear the serial number, a

short title of the action or matter, the nature of the
document, and shall state on whose behalf it is filed, and
at the foot the date of filing, and, in the case of judgments
or orders, the date on which such judgment or order was
made.

be^in^T^Uini" ^^- "^^^ noticcs required by this Code shall be in

°' writing unless expressly authorized by the Court or a
Judge to be given orally.

. , for.
Payment 2 2 . A party printing shall, on demand in writing,
Fumished°tr^ furnish to any other party any number of printed copies
other parties. j^Qt excocding ten upon payment therefor at the rate of
five cents per folio for one copy and three cents per folio
for every other copy.

Eejeotionof 2 3 . The Court or officer receiving it may reject any

proTeedings. documeut uot Substantially complying with these
provisions.
Address of
plaintiff 2 4 . In all cases where proceedings are commenced in
or applicant any Court, the solicitor of a plaintiff or applicant suing
solicitor'to be ^y a soHcitor shall indorse upon the writ, or notice in lieu
indorsed.^ of servico of a writ, or other the document originating
proceedings, the address of the plaintiff or applicant, and
also his own name or firm and place of address, which
shall not be more than three miles from the Court House,
 339
A.D. 1 9 0 7 .
Ss. 25-28.
CIVIL PROCEDURE CODE.

to bo called his address for service, where writs, notices, Address for
pleadings, orders, summonses, warrants, and written ^^"'"^'
communications may be left for him.

. 2 5 . In all cases where proceedings are commenced in Plaintiff or

any Court a plaintiff or applicant suing in person shall sumg°S'
indorse upon the writ, or notice in lieu of service of a P«f °" '°
writ, or other the document originating proceedings, his address for
place of residence and occupation and also, if his place ^^rviee.
of residence is more than three miles from the Court
House, another proper place within that distance to be
called his address for service, where all writs, notices,
pleadings, orders, summonses, warrants, and written
communications may be left for him.

26.—(1) Every person, not already a party, or his claimant's

solicitor, giving notice to any Court or any officer thereof gervTce!
of any claim or demand in relation to any proceedings, or
to the subject matter of any proceedings, or to property
seized in execution of process, shall with such notice give
an address for service not more than three miles from the
Court House.
(2) Any notice not complying with this section may be
treated as a nullity.

2 7 . In case any person required to give an address Serviceof

under any of the provisions of this Code satisfies the comtHoust,
Registrar, or the I)istrict Judge or Assistant District "^j'^^a^^jtjjin
Judge of any District Court, that he is unable to give an three mUes
address for service within three miles from the Court can be given.
House, the Registrar, District Judge or Assistant District
Judge may allow him to give such Court House as his
address for service, and any writs, notices, pleadings,
orders, summonses, warrants and other documents, pro-
ceedings and written communications in respect of which
personal service is not requisite may be served by leaving
them in the Registry or with the Clerk of the District
Court, as the case may be.

28.—(1) Every solicitor representing a client in any ^•^'^^^\l°

proceedings shall obtain from such client or his duly aX'
authorized agent a warrant to act for such client, either
generally or in the particular cause or matter.
Vol. II. 22A
340
A.D. 1 9 0 7 .
Ss. 29-33.
CIVIL PROCEDURE CODE.

(2) The absence of such warrant shall, if the solicitor's

authority to act is disputed, be prima facie evidence that
he has not been authorized to represent such client.

Change of 29.—(1) A party represented by a solicitor in any

solicitor.
cause or matter may change his solicitor, or discharge
his solicitor, without an order for that purpose, upon
notice in writing signed by such solicitor of such change
being filed in Court.
(2) No such notice shall be valid unless it gives an
address for service in the place of that of the solicitor so
changed or discharged.
(3) Until such notice is filed, and a copy served on the
opposite party, the former solicitor shall be deemed to be
the solicitor of the party, and his address the address for
service, until the final conclusion of the cause or matter,
whether in the Court of first instance or on appeal.

Appointment 3 0 . A party whose solicitor dies, or leaves the Colony,

soiStor. or is struck off the Roll, may appoint a new solicitor under
this Code.

Appointment 3 1 , Auy party to a cause or matter, having sued or

of solicitor by T r> 1 1 • i , , -. . °
suitor origin, defended m person, who at any stage desires to appear
fn Do^rsor™^ by solicitor, may do so by giving and filing a notice thereof,
in person.
subject to the conditions provided by this Code.

FoiS'"' 32.—(1) Where a solicitor is desirous of being

discharged he may apply ex parte by summons to a Judge
and the Judge may make an order discharging him.
(2) The Judge may, on the hearing of such summons,
order that service thereof shall be made on such persons
as he deems necessary and proper, and may adjourn the
hearing of the summons until service thereof has been
duly made.
Compulsory
appointment 33.—(1) When a solicitor dies, or leaves the Settlement,
of solicitor. or has obtained his discharge, or is struck off the Roll,
and the party whom he represented does not within
a reasonable time appoint another solicitor, or give a new
address for service, the opposite party may sue out as of
 341
A.D. 1907.
Ss. 34-38.
,'CIVIL PROCEDURE CODE.

course a summons to name a solicitor, and to give an

address for service.
(2) The summons shall be served personally, but, if
impracticable, substituted service may be allowed.

34. Any solicitor, whose name remains on the record solicitor on

or who has given a notice under section 26, and who, before refusing to
the final conclusion of the cause or matter, refuses to receive
receive service of any proceeding or communication which service.
may lawfully be delivered at his address for service, shall
be guilty of a contempt of Court and may be punished
accordingly, and shall be liable personally to repay all
costs and expenses incurred by reason of such refusal.

35. A note of every change or new appointment of a ^(5?,1foVor '

solicitor, or of change of address for service, shall be address to be
entered in the Cause Book. cTause Book.

36. A newly-appointed solicitor shall not be entitled ^"^^l^'^tg''/'^^^

to recover any costs as between party and party for or in so?icit"r.
respect of matters done by him in the action or matter,
before his name was entered on the record.

37. If any solicitor for any party refuses to sign a f^g^°'*°g™;„

notice of change or discharge of solicitor under section 29 ' ° '•
upon being requested in writing by his client so to do,
the client may apply to a Judge by summons to change or
discharge such solicitor and the Judge may make an order
accordingly.

38.—(1) A person holding a general power of attorney Absent party

from a person, not resident nor being within the local attom™.^ ^
limits of the jurisdiction of any Court, authorizing him »
to sue or defend actions in the name of his principal, or
to make applications, or do other acts within such local
limits, may, with the sanction of the Court in each
particular case, attend, plead, and do any act in such
Court as if his principal was present in person.
(2) The employment of any such attorney shall not
relieve the party from any liability to give security for
costs on account of his absence.
 342
A.D. 1 9 0 7 .
Ss. 3 9 - 4 4 .
CIVIL PROCEDURE CODE.

Absent party
appearing
3 9 . Subject to section 38 (2), persons carrying on trade
by business or business for and in the names of parties not resident,
agent. nor being within such local limits, may, in matters con-
nected with such trade or business only, and where no
other attorney is expressly authorized in that behalf,
attend, plead, and do any act in any Court as if their
principals were present in person.

Chapter III.

WRIT OF SUMMONS.

Every action 4 0 . Every action in the Supreme Court shall be

b y " ' " ^ commenced by writ of summons, unless otherwise
authorized by this Code.

Costs of 4 1 . Any costs occasioned by the use of any forms of

prolix writs.
writs and of indorsements thereon, other or more prolix
than the forms prescribed, shall be borne by the party
using the same, unless the Court or a Judge otherwise
directs.

Form of writ. 4 2 . The Writ of summons for the commencement of

an action shall be in one of the forms in schedule A, with
such variations as the circumstances or the other pro-
visions of this Code require.

Preparation
of writ.
4 3 . The writ shall be prepared by the plaintiff or his
solicitor, and shall specify the name, description, and
place of abode of the plaintiff and of the defendant, so
far as can be ascertained, and shall be indorsed with a
statement of the nature of the claim made, and of the
relief or remedy required in the action.

Procedure
where
44.—(1) Indorsements and entries to be made on writs
insufficient of summons may, if there is not room on the writ, be
room for written on separate papers attached to the writ, and
indorsements
on writ. marked in such manner as the Registrar deems fit.
(2) Every such paper shall be considered an indorse-
ment on the writ to which it refers.
 343
A.D. 1 9 0 7 .
Ss. 45-51.
CIVIL PROCEDURE CODE.

4 5 . If the plaintiff sues or the defendant is sued in a ^^fg^j^'^^cu

representative capacity, the writ shall specify such """'^''P^" ^•
capacity.

4 6 . If the plaintiff is a woman, it shall be shown status of

whether she is a spinster, married woman, or widow, 7h^n. °
and if the defendant is a woman, it shall be shown
whether she is a spinster, married woman, or widow, so *
far as is known to the plaintiff.

4 7 . Every writ of summons shall bear date on the day Date of and
, . , . • ' . . i i m i n memorandum
on which it IS issued, and shall have a memorandum on writ.
thereon requiring the defendant to enter an appearance
to the action within eight days from the day of service,
inclusive of the day of service, or in the case of service
in another Settlement within sixteen days, or in the case
of service in Labuan, Christmas Island, or the Cocos
Islands within such time as the Registrar directs, or
in case of service out of the jurisdiction or of other
special circumstances within such time as the Court or a
Judge directs.
48.—(1) The plaintiff or his solicitor shall, on pre- issue of writ.
senting the writ for sealing, leave with the Registrar a
copy of the writ and all the indorsements thei-eon.
(2) The writ and copy shall be signed by or in the
name of the plaintiff's solicitor, or firm of solicitors, or
by the plaintiff, if he sues in person.

4 9 . The Registrar shall assign the serial number of serial number

the writ, and shall file the copy, and shall seal the writ ^""^^"^i^e-
with the seal of the Court, and theieupon the writ shall
be deemed to be issued.

5 0 . Any alteration in the writ, after issue and before ^"bfmade'""

service, without the leave of the Registrar of the Court,
shall render the writ void.

51.—(1) No original writ of sum_m-ons shall be in force Expiration

for more than twelve months from the day of the date of'wrir''^'^
thereof, including the day of such date.
 344
A.D. 1 9 0 7 .
Ss. 52-54.
CIVIL PROCEDURE CODE.

(2) If any defendant named therein has not been

served therewith, the plaintiff may, before the expiration
of the twelve months, apply to the Court for leave to renew
the writ, and the Court, if satisfied that reasonable efforts
have been made to serve such defendant, or for other
good reason, may order that the original or concurrent
writ of summons shall be renewed for six months from the
date of such renewal, and so from time to time during
the currency of the renewed writ.
(3) The writ shall in such case be renewed by being
resealed with the seal of the Court, and a note being
made thereon by the Registrar of such renewal, and of
the date thereof.
(4) A writ of summons so renewed shall remain in
force and be available to prevent the operation of any
Statute whereby the time for the commencement of the
suit may be limited, and for all other purposes, from the
date of the issuing of the original writ of summons.

Evidence of 5 2 . The production of a writ of summons, purporting

renewal.
to be sealed with the seal of the Court, showing the same
to have been renewed in manner aforesaid, shall be
sufficient evidence for all purposes of its having been so
renewed, and of the commencement of the action as on
the date of the original issue of the writ.
Lost writ. 5 3 . Where a writ of summons, of which production
is necessary, has been lost, the Court, on being satisfied
of the loss and of the correctness of a copy of the writ,
may order that such copy shall be sealed and served in
lieu of the original writ.

Special 54.—(1) In all actions where the plaintiff seeks only to

indorsement.
recover a debt or liquidated demand in money payable
by the defendant, with or without interest, arising
(a) upon a contract, express or implied, as for
instance on a bill of exchange, promissory
note, or cheque, or other simple contract
debt;
(6) on a bond or contract under seal for payment of
a liquidated amount of money;
 345
A.D. 1 9 0 7 .
S. 55.
CIVIL PROCEDURE CODE.

(c) on a Statute, where a sum sought to be recovered

is a fixed sum of money, or in the nature of
a debt other than a penalty;
(d) on a guarantee, whether under seal or not, where
the claim against the principal is in respect
of a debt or liquidated demand only;
(e) on a trust; or
(/) in actions for the recovery of land with or with-
out a claim for rent or mesne profits by a
landlord against a tenant whose term has
expired, or has been duly determined by
notice to quit, or has become liable to for-
feiture for non-payment of rent, or against
persons claiming under such tenant;
the writ of summons may, at the option of the plaintiff,
be specially indorsed with a statement of his claim, or
of the remedy or relief to which he claims to be entitled.
(2) Such special indorsement shall be to the effect of
such of the forms in schedule A as are applicable to
the case.

55.—(1) Whenever the plaintiff is desirous of indorsement

. ., . 1 . , . •. c 1 I- r A where claim
specially indorsing nis writ ot summons under section 54, for liquidated
the indorsement, besides stating the nature of the claim, demand.
shall state the amount claimed for debt, or in respect of
such demand, and for costs respectively, and shall
further state that, upon payment thereof within the time
allowed for appearance, further proceedings will be
stayed and that in default of appearance being entered
thereto final judgment may be entered for the amount
and costs.
(2) Such statement shall be in the form in schedule A.
(3) The amount to be indorsed shall be the sum specified
in schedule C.
(4) Where the plaintiff's solicitor at the time of
issuing'the writ claims more than the sum specified in
schedule C, the claim as to costs shall be as follows :—
" Such sum as shall be allowed on taxation of costs."
346
A.D. 1 9 0 7 .
Ss. 56-59.
CIVIL PROCEDURE CODE.
Payment of
costs of 56.—(I) In case the plaintiff's solicitor claims more
taxation. than the sum specified in schedule C and he is found not
entitled to more than such sum, or if more than one-sixth
of the amount claimed is disallowed, the plaintiff's solicitor
shall pay the costs of taxation.
(2) In case the plaintiff's solicitor indorsed the sum
specified in schedule C and claims more costs on signing
judgment and on taxation is not found entitled to
more than such sum, or if more than one-sixth of the
amount claimed is disallowed, the plaintiff's solicitor
shall pay the costs of taxation.

Concurrent Writs.
issueof 57_—(1) The plaintiff in any action may, a t the time
writ. • of or at any time during twelve months after the issuing
of the original writ of summons, issue one or more con-
current writ or writs t o bear teste of the same day as the
original writ, and to be marked by the Registrar with
the word " Concurrent," and the date of issuing the con-
current writ.
(2) Such concurrent writ or writs shall only be in
force for the ]')eriod during which the original writ in
the action may be in force.

wrhXr"^* 58.—(1) A writ for service within the jurisdiction

service In and may bc issucd and marked as a concurrent writ with one
j'urirdiction. ^0^ scrvicc, or whereof notice in lieu of service is to be
given out of the jurisdiction.
(2) A writ for service, or whereof notice in lieu of
service is to be given out of the jurisdiction, may be issued
and marked as a concurrent writ with one for service
within the jurisdiction.

Disclosure by Solicitor.
Dlsclosura by 59.—(1) Every solicitor whose name is indorsed on
solicitor
whose name any writ or process issued shall, on demand in writing
appears on made by or on behalf of any defendant who has been
writ.
served therewith, or has appeared thereto, declare forth-
with in writing whether such writ or process has been
issued by him or with his authority or privity.
 347
AD. 1 9 0 7 .
Ss. 60 & 61.
CIVIL PROCEDURE CODE.

(2) If such solicitor declares that the writ or process

was not issued by him or with his authority or privity,
all proceedings upon the same shall be stayed, and no
further proceedings shall be taken thereupon without
leave of the Court or a Judge.

Where Action to be Brought.

60.—(1) Actions against persons resident in the Action at
Colony shall ordinarily be brought in the Settlement IterT'"*
where'the defendant resides, or, if there are two or more defendant
• defendants, at the Settlement where one of them resides,
except that when the defendant resides in Labuan the
action may be brought in the Settlement where the cause
of action arose.
(2) If it is made to appear to the Court or a Judge, Proviso.
on the application of either party, to be more convenient
or more fair to the parties, having regard to the whole
circumstances of the case, to allow an action to be
brought, removed to, or continued at any Settlement, or
if all the parties to the action agree, the Court or a
Judge may allow the action to be brought, removed to, or
continued at such Settlement.
61.—(1) If it is made to appear to the Supreme institution of
Court or a Judge, on the application by summons of any iu^fupremr
party to an action which is within the ordinary juris- Court or
diction of a District Court, that the action by reason of District '^"^
its involving points of law, or being a test case, or for Courts.
any other reason, is one which should be tried in the
Supreme Court, the Court or a Judge may, if the appli-
cation is before the institution of the action, allow the
same to be commenced in the Supreme Court, or, if the
action has been already instituted in a District Court,
may, at any time before the date fixed for the hearing or
re-hearing or new trial in such District Court, order the
record to be transferred to the Supreme Court, and the
action shall then be entered in the Cause Book of the
Supreme Court, and proceeded with as if such action
had been originally instituted there.
(2) When the application is for leave to issue the writ
in the Supreme Court, the procedure to be followed
shall be similar to that for leave to issue a writ for
service out of the jurisdiction as provided by section 104.
 348
AD. 1 9 0 7 .
Ss. 6 2 - 6 5 .

CIVIL PROCEDURE CODE.

Counter-
claims in 62.—(1) Where m any action before a District Court
District any defence or counterclaim of the defendant involves
Courts and
transfers matters beyond the jurisdiction of the Court, such
therefrom. defence or matter shall not affect the competence or the
duty of the District Court to dispose of the whole matter
in controversy, so far as relates to the demand of the
plaintiff and any defence thereto, but no relief exceed-
ing that which the Court has jurisdiction to award shall
be given to the defendant upon such counterclaim.

(2) In any such case the Supreme Court or a Judge

may, if it or he thinks fit, on the application of any party
to the action, order that the action shall be transferred
to the Supreme Court, and the action shall then be
entered in the Cause Book of the Supreme Court, and
proceeded with as if such action had been originally
instituted there.

Evidence In 6 3 . In any action transferred under sections 61 or

action
transferred to 62 the Supreme Court may adopt any evidence already
Supreme taken in the District Court, but nothing herein shall
Court.
prevent the Supreme Court from re-calling all or any of
the witnesses, or taking their evidence afresh.

Action in
case of lost
6 4 . In case of any action founded upon a bill of
negotiable exchange or other negotiable instrument, if it is
instrument. proved to the satisfaction of the Court that the instru-
ment is lost, and if an indemnity is 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 produced the instrument in Court, when required.

Costs on
notice of
6 5 . No person shall be entitled to the costs of an
readiness to action on a lost negotiable instrument unless he has,
indemnify. three clear days at least before the commencement of the
action, notified to the person or persons liable to pay
his readiness to give a sufficient indemnity against the
claims of all other persons on such instrument, and has
tendered such indemnity to the person or persons so liable
if such person expresses his willingness to pay on such
indemnity being given.
 349
A.D. 1 9 0 7 .
Ss. 66-68.
CIVIL PROCEDURE CODE.

Landlord and Tenant.

6 6 . Every tenant holding over after the determina- Double rent
tion of his tenancy shall be chargeable with double the overV"^
amount of his rent till possession is given u p by him, tenant. ,
whether notice to that effect has been given to him or
not, if a claim to t h a t effect is made by his landlord in *
any proceedings under section 54 (1) (/).

6 7 . When any writ of summons issued by a landlord Sub-tenant to

, . ,•p 1 n • IT g-'^e notice,
against a tenant for the recovery of immoveable property
is served on or comes to the knowledge of any sub-
tenant of the plaintiff's immediate tenant, such sub-
tenant being an occupier of the whole or of any part of
the premises sought to be recovered, he shall forthwith
give notice thereof to his immediate landlord, under
penalty of forfeiting three years' rack rent of the
premises held by such sub-tenant to the person of whom
he holds, to be recovered by such person by action in any
Court having jurisdiction.

Chapter IV. -

OTHER MODES OF ORIGINATING PROCESS.

. Originating Summons.

68.—(1) The executors or administrators of a Originating

deceased person, or any of them, and the trustees under rXtTng to^
any deed or instrument, or any of them, and any person express trusts,
claiming to be interested in the relief sought as creditor, "stration oT°"
devisee, legatee, or next-of-kin of a deceased person, or the estate of»,
as cestui que trust under the trusts of any deed or person.
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 is by the summons specified, and
as the circumstances of the case require, that is to
say, the determination, without an administration of the
350
A.D. 1 9 0 7 .
Ss. 69 & 70.

CIVIL PROCEDURE CODE.

' estate or trust, of any of the following questions or

, matters :—
(a) any question affecting the rights or interests of
any persons claiming to be creditor, devisee,
legatee, next-of-kin, 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, when 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 par-
ticular 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.
interference (2) The Issuo of a summous uuder this section shall
with^discre- ^^^ interfere with or control any power or discretion
trustee, etc. vestcd in any executor, administrator, or trustee, except
so far as such interference or control is necessarily
involved in the particular relief sought.

Order for ad- 6 9 . Any of the persons named in section 68 may in

jninlstration
"of moveable like manner apply for and obtain an order for
and Immove- (a) the administration of the moveable and immove-
able property.
able estate of the deceased;
(b) the administration of the trust.

Persons to be 7 0 . The persons to be served with the summons under

Served.
sections 68 or 69 in the first instance shall be the
following :—
(a) where the summons is taken out by an executor
or administrator or trustee,
(i) for the determination of any question
under section 68 (1) (a), (e), (/) or (g), the
 351
A.D. 1 9 0 7 .
S. 71.
CIVIL PROCEDURE CODE.

persons or one of the persons whose rights '

or interests are sought to be affected;
(ii) for the determination of any question
under section 68 (1) (b), any member or
alleged member of the class;
(iii) for the determination of any question
under section 68 (1) (c), any person in-
terested in taking such accounts;
(iv) for the determination of any question
under section 68 (1) (d), any person in-
terested in such money;
(v) for relief under section 69 (a), the re- '
siduary legatees or next-of-kin or some
of them;
(vi) for relief under section 69 (&), the cestuis
que trustent or some of them;
(vii) if there are more than one executor or
administrator or trustee and they do not
all concur in taking out the summons, i;
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.

71.—(1) Any mortgagee or mortgagor, Avhether legal Originating

or equitable, and any person entitled to or having pro- for"do°sure"''
perty subject to a legal or equitable charge, or any person declaration' of
having the right to foreclose or redeem any mortgage, "^ ' ^ '^'
whether legal or equitable, may take out as of course an
originating summons for such relief of the nature or
kind following, as is by the summons specified, namely,
sale, foreclosure, delivery of possession by the mortgagor,
redemption, re-conveyance, or delivery of possession by
the mortgagee.
(2) The persons to be served with the summons under Service.
this section shall be such persons as, under the existing
practice of the Chancery Division of the Supreme Court
of Judicature in England, would be the proper defen-
dants in an action for the like relief as that specified by
the summons.
352
A.D. 1 9 0 7 .
, Ss. 72-75.
CIVIL PROCEDURE CODE.

Power to 72.—(1) Any person clainiing to be interested under a

make
declarations deed, will or other written instrument may apply by
on summons.
originating summons for the determination of any ques-
tion of construction arising under the instrument, and
for a' declaration of the rights of the persons interested-
Service. (2) The Court or a Judge may direct such persons to
be served with the summons as it or he thinks fit.
Evidence. (3) The application shall be supported by such
evidence as the Court or a Judge requires.
Discretion
oi Court. (4) The Court or Judge shall not be bound to deter-
mine any such question of construction, if the question
is not one which ought to be determined on an
originating summons.
Applications
by summons.
7 3 . Any of the following applications may be made
by originating summons or, if made in an action, by
summons :—
Appointment [a) for the appointment of a new trustee, with or
of new trus-"-
tees and vest- without a vesting or other consequential
ing order. ^ ' order;
Vesting order. (6) for a vesting order, or other order consequential
on the appointment of a new trustee, whether
the appointment is made by the Court or a
Judge or out of Court;
Vesting order
on sale.
(c) for a vesting, or other consequential order, in
any case where a judgment or order has been
given or made for the sale, conveyance, or
transfer of any immoveable property or
stock, or the suing for or recovering any
chose in action;
Payment out (d) relating to funds paid into Court in a cause or
of Court.
matter.
Originating
summons In 7 4 . Any application to the Court in its civil juris-
other diction, not being between a plaintiff and defendant, and
matters.
not being in a pending cause or matter, may be by way
of originating summons, unless some other mode of pro-
cedure for such application is prescribed by statute.
Amendment 7 5 . The Court or a Judge may allow the summons to
of summons
and service be amended, and may direct such other persons to be
on other
persons. • served with any summons under this order as it or he
thinks fit.
 353
A.D. 1 9 0 7 .
Ss. 76-81.
CrVIL PROCEDURE CODE.

7 6 . The applicatioir " shall be supported by such Evidence.

evidence as the Court or Judge requires, and directions
may be given as it or he thinks just for the .trial of any
questions arising thereout.

7 7 . The Court or a Judge upon such summons may gu^^n^'°°

pronounce such judgment as the nature of the case
requires.

7 8 . The Court or a Judge may give any special Carriageand

directions touching the carriage or execution of the judgment.
judgment or the service thereof upon persons not parties *
as it or he thinks just.

7 9 . I t shall not be obligatory on the Court or a Judge J^^^s^, ^°^ ^

, , 1 . T • , 1 1 , 1 bound to order
to pronounce or to make a judgment or order, whether administra-
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 determined
without such judgment or order.
8 0 . Upon an application for administration or execu- Orders which
tion of trusts by a creditor or beneficiary under a will, "'^l^^i^L ^
intestacy, or deed of trust, where no accounts or insuffi- tions for ad-
cient accounts have been rendered, the Court or a Judge "'execution
may, in addition to the powers already existing, where^no
(a) order that the application shall stand over accounts or
for a certain time, and that the executors, acoountshave
administrators, or trustees in the meantime tieenrendered.
shall 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;
(b) when necessary to prevent proceedings by other
creditors, or by persons beneficially inter-
ested, make the usual judgment or order
for administration, with a provi.so that no
proceedings shall be taken under such judg-
ment or order without leave of the Judge in
. person.
8 1 . An originating summons shall bear date on the J^°™°*.
day on which it is issued., and may be in the form in summons"^
Vol. II, ' 23
354
A.D. 1 9 0 7 .
Ss. 82-85.
CIVIL PROCEDURE CODE.

schedule A, with such variations as circumstances

require, and, in cases where the defendant or other
respondent is required to enter appearance, a memo-
randum shall be indorsed thereon, requiring him to enter
an appearance to the action within eight days from the
day of service inclusive thereof, or, in the case of service
in another Settlement, within sixteen days, or, in case
of service in Labuan, Christmas Island, or the Cocos
Islands, within such time as the Registrar directs,
or, in the case of service out of jurisdiction or other
special circumstances, within such time as the Court or
a Judge directs.

Time for 8 2 . The day and hour for attendance under an origin-
attendance
under an ating summons shall be fixed by the Registrar and
originating
summons.
inserted in the summons accordingly.

Appointment 83.—(1) An originating summons, where service is

of new time necessary, shall be served -3ight days before the return
when sum-
mons not thereof.
served within
time. (2) Where from any cause an originating summons
has not been served upon any party eight days
before the return thereof, an indorsement 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 indorsement
shall be initialled by the Registrar.
(3) Where any party has been served before such
indorsement, the hearing thereof may, upon the return
of the summons, be adjourned to the new time appointed.

Appearances. 8 4 . The partics scrvcd with an originating summons

shall, before they are heard in Chambers, enter appear-
ances in the Registry.

When 8 5 . A respondent to an originating summons

appearances
not required. (a) for a solicitor to deliver papers, or a cash
account, or securities or to pay money;
(b) under Ordinance No. 51 (Arbitration);
(c) under section 745 for interpleader relief;
{d) under section 16 of Ordinance No. 40 (Bills of
Sale), to enter memorandum of satisfaction;
 355
A.D. 1 9 0 7 .
Ss. 86-88.
CIVIL PROCEDURE CODE.

(e) for relief under Ordinance No. 40 (Bills of Sale),

by a grantor or grantee of a bill of sale;
(/) under section 15 of Ordinance No. 76 (Married
Women's Property),
shall not. be required to enter an appearance.

8 6 . An originating summons shall be served in like service of

manner as a writ of summons, and may, by leave of a o^g'^ating
T 1 1 1 - 1 1 - 1 -I-. • • 1 summons.
Judge to be obtained on summons, be served on British
subjects out of the jurisdiction of the Supreme Court.
8 7 . Every originating summons shall be prepared by Application
the applicant or his solicitor, and the provisions of sec- "eiaUngto
tions 41, 45, 46, 49 to 53, 59, 60, and 104 shall mutatis writs of
mutandis apply to an originating summons. summons.

Originating Petitions and Motions.

8 8 . Where any application to the Court is required by Applications
any Statute to be by petition or motion, such application statute^o be
shall be in accordance with the following provisions:— by petition or
" motion.
(a) every such petition or motion shall be intituled
in the matter of any Statute under which it
is presented, and in a substantial matter
also, and, upon presentation of the petition,
or filing of the motion paper, shall be entered
in the Cause Book and numbered as an action;
(b) every such petition or motion, of which service
is required, shall be served in the manner
prescribed for writs of summons, and every
person served therewith, before he is heard
upon such petition or motion, or before he
takes any step therein, shall enter an appear-
ance thereto in manner prescribed for enter-
ing appearance to writs of summons;
(c) the provisions contained in Chapter XX as to
petitions and motions in an action shall, so
far as the same are applicable, apply to
originating petitions and motions,
Vol. II, 23A
356
A.D. 1907-
Ss. 89-92.
CIVIL PROCEDURE CODE.

Chapter V.
SERVICE OF PROCESS.
Service of 89.—(1) The plaintiff shall cause the writ of sum-
writ or
document mons, or other document originating proceedings, to be
originating
proceedings.
served on the defendant or other person to be served.
(2) All service of process shall be personal unless
otherwise provided, or the Court otherwise orders.

Personal 90.—(1) Personal service shall be effected by the

service.
process-server producing the original document and
delivering a copy thereof to the person to be served.
Personal
service how
(2) If such person refuses to receive the copy, the same
effected. may be left near him, and his attention directed to it.
(3) The process-server, if the person to be served so
requires, shall allow him to inspect the original,

Lawful days 91.—(1) Service within the Colony of writs of sum-

for service. mons or other documents originating process, pleadings,
notices, summonses, orders, rules, other process and
other proceedings may be effected on any day except
Sunday, Christmas Day, and Good Friday.
(2) Service effected after 4 P.M. on any week-day,
except Saturday, shall, for the purpose of computing
any period of time subsequent to such service, be deemed
to have been effected on the following day.
(3) Service effected after noon on Saturday shall, for
the like purpose, be deemed to have been effected on the
following Monday.
(4) Service outside the Colony may be effected on any
day and at any time.

Substituted 9 2 . Where it is made to appear to the Court or a

service. Judge that for any reason prompt personal service of
any document of which service is required cannot con-
veniently Ije effected, the Court or Judge may order that
service shall be effected
(a) by delivery of a copy of the document to be
served, together with a copy of the order for
service, on some adult inmate at the usual or
 357
A.D. 1 9 0 7 .
Ss. 93-95.
CIVIL PROCEDURE CODE.

last known place of abode or business within

the Colony of the person to be served;
(b) by delivery thereof to some agent within the
Colony of the person to be served, or to some
other person within the Colony, through
whom it appears to the Court that there is a
reasonable probability that the document and
order served will come to the knowledge of
the person to be served;
(c) by advertisement thereof in one or more news-
papers published in the Colony;
(d) by notice thereof put up at the Court House, or
at some other place of public resort, or at the
usual or last known place of abode or business
within the Colony of the person to be served;
(e) at the door of the District or other Court House
nearest to the last known place of abode or
business of the defendant;
(/) in an action to recover immoveable property, in
a case of vacant possession, by posting a copy
of the writ upon the door of the dwelling
house or other conspicuous part of the
property; or
(g) in any other mode which the Court or Judge
thinks fit.
9 3 . Every application for an order for service under ^^^'^^rt'of"
section 92 shall be made by summons, and be supported application
by an affidavit setting forth the grounds on which the fervfc^e'''"'*"^
application is made.

9 4 . When any person has placed on the record an Service after

address for service in any cause or matter, all further "PP"^™'^'*-
service therein between the parties may be made by
leaving a copy of the document to be served at such
address for service.

9 5 . Writs of summons, and all documents originating By whom

proceedings, and all documents requiring personal ser- service
effected.
vice, shall, if served in the Colony, be served by a sworn
process-server of the Court, or the sworn process-server
of any Civil Court having jurisdiction in the district
where the person to be served resides or is to be found.
 358
A.D. 1 9 0 7
Ss. 96-101.
CIVIL PROCEDURE CODE.

Special pro- 9 6 . If for special reason a suitor desires such process

cess-server.
to be served by a solicitor, or by some person to be
specially employed for the purpose, the Court or
Registrar may, on the amount of the fee for service, but
not the mileage fees, being paid to the Registrar, and on
being satisfied that the employment of such person is
advisable or necessary, indorse on the document a memo-
randum that it may be served by such person, naming
him.

Expense of
employing
9 7 . The expense incurred for service of process by a
special pro- special process-server, beyond the usual charge made by
cess-server. the Court, shall not be allowed as against any other
party on taxation, unless the Registrar is satisfied that
there was reasonable cause, arising from the conduct or
habits of the person to be served, requiring special
measures to effect service; but such expenses may be
allowed between solicitor and client.
Indorsement
of memoran- 98.—(1) When any document is served on any person,
dum of
service.
the process-server shall, within three days at most after
such service, indorse on the document served the day of
the month and week and manner of such service, and shall
add the date on which the indorsement is made, and sign
such indorsement.
(2) Subsection (1) applies also to substituted service.

Notice of 9 9 . When a writ of summons or other document

service to ^
plaintiff. originating proceedings is served on any person by a
sworn process-server, the Sheriff shall forthwith give
written notice to the plaintiff, or person issuing such
process, or his solicitor, of the fact and manner of such
service.
Service on 1 0 0 . Personal service of a writ of summons or other
solicitor.
document shall not be necessary when the solicitor of the
person to be served undertakes in writing to accept
service.

Affidavit of 1 0 1 . Service of process may be proved by affidavit of

service. servico, aud such affidavit shall mention the day on
which the indorsement was made, and when, where and
how, and by whom, such service was effected.
 359
A,D. 1 9 0 7 .
Ss. 102-105.
CIVIL PROCEDURE CODE.

1 0 2 . If any writ of summons, or document originat- Omission of

ing proceedings, is not duly indorsed within three days ^"00^"""
as aforesaid, the plaintiff shall not, in case of non-
appearance, proceed by default, unless the Court or a
Judge otherwise orders.

103.—(1) No writ of summons for service out of the Writforser-

jurisdiction, or of which notice is to be given out of the Jarisdicti'on.''^
jurisdiction, shall be issued without the leave of the
Court or a Judge.
(2) Such writ or notice shall be in one of the forms in
schedule A, with such variations as circumstances
require.

104.—(1) Any party desiring to issue a writ of ^XfielVe"

summons for service or for notice in lieu of service, out to issue.
of the jurisdiction, shall deliver to the Registrar the
writ and copy which he desires to issue, and the title of
the intended cause shall be entered in the Cause Book,
and the next serial number shall provisionally be
assigned to such writ.
(2) The application for leave to issue shall be by
summons in Chambers, intituled and numbered in the
same manner as the proposed writ, and, on production
of the summons marked as provided in section 416, the
Registrar shall seal and issue the writ completed in
accordance with the terms of such order.

105.—(1) Service out of the jurisdiction may be Serjioe out of

allowed by the Court or a Judge whenever '"™
(a) the whole subject matter of the action is im-
moveable property situate within the juris-
diction, with or without rents or profits;
(b) any act, deed, will, contract, obligation, or
• liability affecting immoveable property
situate within the jurisdiction is sought
to be construed, rectified, set aside, or
enforced in the action;
(c) any relief is sought against any person domiciled
or ordinarily resident within the jurisdic-
tion ;
 m
A.D. 1 9 0 7 .
S. 106.
CIVIL PROCEDURE CODE.

(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
jurisdiction, or for the execution, as to pro-
perty situate within the jurisdiction, 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 Colony;
(e) the action is founded on the breach or alleged
breach, within the jurisdiction, of any con-
tract, wherever made, which according to the
terms thereof ought to be performed within
the jurisdiction;
(/) any injunction is sought as to anything to be
done within the jurisdiction, or any nuisance
within the jurisdiction is sought to be pre-
vented or removed, whether damages are or
are not also sought in respect thereof; or
(g) any person out of the jurisdiction is a necessary
or proper party to an action properly brought
against some other person duly served within
the jurisdiction.
(2) Any order giving leave to effect such service shall
direct in what mode service shall be effected and shall
limit a time after the service within which the defendant
shall enter an appearance, such time to depend on the
place or country where or within which the writ is to be
served, and the reasonable expenses of such service shall
be allowed.

Afiidavit In 106.—(1) Every application for leave to issue a writ

support of
application of summons for service on a defendant out of the juris-
for service
out of
diction shall be supported by an affidavit or other
jurisdiction. evidence, stating that, in the belief of the deponent, the
plaintiff has a good cause of action, and showing in 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 appli-
cation is made.
(2) No such leave shall be granted unless it is made
sufficiently to appear to the Court or Judge that the case
 361
A.D. 1 9 0 7 .
Ss. 107-111.
CIVIL PROCEDURE CODE.

is a proper one for service out of the jurisdiction under

this section.

1 0 7 . Any order for service may from time to time be Variation of

varied by the Court or a Judge. servTce!"'
108.—(1) When the defendant is neither a British Notice In lieu
of writ.
subject, nor in the British dominions, nor in any of the
Federated Malay States, nor in the State of Johore, nor
in the State of Brunei, notice of the writ and not the writ
itself shall be served upon him.
(2) Notice in lieu of service shall be given in the
manner in which writs of summons are served.
1 0 9 . If the defendant resides in any of the Federated service in
Malay States, or in the State of Johore'' or in the State of 5"!"^*^!'^,
- _ • ' . , ' . „ ' . Malay states
Brunei, the writ ot summons may be sent to the Regis- andiimnei.
trar or an Assistant Registrar of the Supreme Court of
the Federated Malay States, or of the* State of Johore,
or to the Resident of Brunei, as the case may be,
by post or otherwise, for the purpose of being served
upon the defendant, and, if the writ of summons is
returned with the indorsement of service thereon as
hereinbefore prescribed, and with an affidavit of such
service purporting to have been made before the Regis-
trar or an Assistant Registrar or the Resident, such
writ of summons shall be deemed to have been duly
served.
Service of Process in Particular Cases.
110.—(1) When the action is against a British cor- Service on
poration or a British company, the document may be corporation.
British
served by leaving the same or sending it through the
post by a registered letter addressed to the corporation
or company at its registered office.
(2) Where service is made by registered post, the time
at which the document so posted would be delivered in
the ordinary course of post shall be considered as the
time of service thereof.

1 1 1 . When the action or other proceeding is against service on

a foreign corporation or company, having an office and foreign
carrying on business in the Colony, the document may '^°'P°'^'^*'°°-
362
A.D. 1 9 0 7 .
Ss. 112-116.
CIVIL PROCEDURE CODE.

be served by giving it to the principal officer, or by

leaving it at the office of the corporation or company
within the Colony.
1 1 2 . When the action or other proceeding is against
a husband and his wife the document shall be served on
both unless the Court otherwise orders.
113.—(1) When the action or other proceeding is
against an infant the document may be served on his
father or his guardian, or, if there is no father or
guardian, then on the person with whom the infant
resides or under whose care he is.
(2) The Court may order that service made or to be
made on the infant shall be deemed good service.
114. When the action or other proceeding is against
a lunatic or person of unsound mind, not so found by
inquisition, the document may, unless the Court other-
wise orders, be served on the committee of the lunatic,
or on the person with whom the person of unsound mind
resides, or under whose care he is.
115.—(1) In an action relating to any business or
work against a person who does not reside within the
Colony, or who is absent from the Colony, service of a
writ of summons for service within the jurisdiction on
any manager or agent, having at the time of service per-
sonally the control or management of such business or
work for such person within the Colony, shall be deemed
good service whether such person is a British subject
or not.
(2) For the purpose of this section the master and the
agent of a ship shall be deemed to be the agent of the
owner and charterer of such ship.
(3) For the purposes of this section the words " busi-
ness or work" shall include the administration of an
estate.
General Provisions.
116. Except in the case of an order for an attach-
ment or an arrest, it is not necessary to the regular
service of an order that the original order should be
shown, if an office copy of it is exhibited.
 363
A.D. 1 9 0 7 .
Ss. 117-121.
CIVIL PROCEDURE CODE.

117.—(1) All writs, notices, pleadings, orders, sum- ^^g^^rstr-

monses, warrants, and other documents, proceedings, vice where
and written communications, in respect of which per- °ot personal
sonal service is not requisite, shall be sufficiently served
if left within the prescribed hours at the address for
service of the person to be served with any person
resident at or belonging to such place, or, if posted in a
prepaid registered envelope addressed to the person to
be served, at such address for service as aforesaid.
(2) Where service is made by registered post, the time
at which the document so posted would be delivered in
the ordinary course of post shall be considered as the
time of service thereof.

1 1 8 . Notices sent from any office of any Court may Service of

be sent by post, and the time at which the notice so court. ^""
posted would be delivered in the ordinary course of post
shall be considered as the time of service thereof, and
the posting thereof shall be a sufficient service.

119. Where no appearance has been entered for a service where

party, or where a party or his solicitor, as the case may ance^m-To'
be, has omitted to give an address for service, all writs, address for
notices, pleadings, orders, summonses, warrants, and
other documents, proceedings, and written communi-
cations, in respect of which personal service is not
requisite, may be served by filing them in the Registry
of the Supreme Court.

120. Where personal service of any writ, notice. Manner of

pleading, order, summons, warrant, or other document, ^eTvfoTof
proceeding, or written communication is required by notices.
this Code, or otherwise, the service shall be effected, as
nearly as may be, in the manner prescribed for the
personal service of a writ of summons.

121. Where a party, after having sued or appeared Service on

• 1 . ^ •'' . . .,.° , ,, ^^ ., sollcitorof -
m person, has given notice m writing to the opposite party former-
party or his solicitor, through a solicitor, that such ly appearing
solicitor is authorized to act in the cause or matter on '°P'^''^°°
his behalf, all writs, notices, pleadings, summonses,
orders, warrants, and other documents, proceedings, and
written communications, which ought to be delivered to
364
A.D. 1 9 0 7 .
Ss. 122-124.
CIVIL PROCEDURE CODE.

or served upon the party on whose behalf the notice is

given, shall thereafter be delivered to or served upon
such solicitor.
Expenses.
Costs of 122.—(1) Whenever the service of process by the
Sheriff or bailiff is attended with expense, he shall not,
except by order of the Court, be bound to effect the same,
unless the reasonable expenses thereof have been pre-
viously tendered to him by the party requiring such
service.
(2) Such expense shall be costs in the cause.

Chapter VI.
PARTIES.

Persons 123.—(1) All persoiis may be joined in one action as

claiming plaintiff's, iu whom any right to relief in respect of or
jointly, sever- J . . , c , i ^ ^- • c i.
ally, or in the arisiug out of the Same transaction or series ot trans-
aiternative actious is alleged to exist, whether jointly, severallv, or
may be . o . ' . J ./' ..'
plaintiffs. m the alternative, where, it such persons brought
separate actions, any common question of law or fact
would arise.
(2) If upon the application of any defendant it
appears that such joinder may embarrass or delay the
trial of the action, the Court or a Judge may order
separate trials, or make such other order as is
expedient, and judgment may be given for such one or
more of the plaintiffs, as may be found to be entitled to
relief, for such relief as he or they may be entitled to
without any amendment.
(3) The defendant, though unsuccessful, shall be
entitled to his costs occasioned by so joining any person
who is not found entitled to relief, unless the Court or a
J u d g e in disposing of the costs otherwise directs.
Action In 1 2 4 . Where an action has been commenced in the
wTnVpiain- name of the wrong person as plaintiff, or where it is
tifi- doubtful whether it has been commenced in the name of
the right plaintiff, the Court or a J u d g e may, if satisfied
 365
A.D 1 9 0 7 .
Ss. 125-129.
CIVIL: PROCEDURE CODE.

that it has been so commenced through a bona fide mis-

take, and that it is necessary for the determination of the
real matter in dispute so to do, order any other person
to be substituted or added as plaintiff, upon such terms
as are just.

Counterclaim
1 2 5 . Where in an action any person has been im- misjoinder.
properly or unnecessarily joined as a co-plaintiff, and a
defendant has set up a counterclaim or set-off, he may
obtain the benefit thereof by establishing his set-off or
counterclaim as against the parties other than the co-
plaintiff so joined, notwithstanding the misjoinder of
such plaintiff or an}^ proceeding consequent thereon.

126.—(1) All persons may be joined as defendants ^j^^ P^^eTiLd

against whom the right to any relief is alleged to exist, as defendants.
whether jointly, severally, or in the alternative.
(2) Judgment may be given against such one or more
of the defendants as may be found to be liable according
to their respective liabilities without any amendment.

1 2 7 . I t shall not be necessary that every defendant defendant

1 11 1 • 1 n 1 T f -IP need not be
shall be interested as to aJi the relief prayed tor, interested in
or as to every cause of action included in anj^ proceeding ci^j^g/''^"'*
against him; but the Court or a Judge may make such
order as appears just to prevent any defendant from
being embarrassed, or put to expense, by being required to
attend an}^ proceeding in which he has no interest.
1 2 8 . The plaintiff may, at his option, join as parties 'l°^l^^^^^ll^'
to the same action all or any of the persons severally or or jointly and
jointly and severally liable on any one contract, including i?a™i™^' ^
parties to bills of exchange and promissory notes.

1 2 9 . Where the plaintiff is in doubt as to the person ^^",°''^j"

from whom he is entitled to redress, he may, in such personrfrom
manner as hereinafter mentioned, or as is prescribed J^^' t°™g^' ^™^^
by any special order, join two or more defendants, to the sought.
intent that the question as to which, if any, of the
defendants is liable, and to what extent, may be deter-
mined as between all parties.
366
A.D. 1 9 0 7 .
Ss. 130-183.
CIVIL PROCEDURE CODE.

Trustees, 130.—(1) Trustees, executors, and administrators may

executors,
etc., may sue sue and be sued on behalf of or as representing the pro-
and be sued as
representing perty or estate of which they are trustees or representa-
estate. tives, without joining any of the persons beneficially
interested in the trust or estate, and shall be considered
as representing such persons.
(2) The Court or a Judge may, at any stage of the
proceedings, order any of such persons to be made parties,
either in addition to or in lieu of the previously existing
parties.
(3) This section shall apply to trustees, executors, and
administrators sued in proceedings to enforce a security
for foreclosure or otherwise.

Numerous 1 3 1 . Where there are numerous persons having the

persons.
same interest in one cause or matter, one or more of such
persons may sue or be sued, or may be authorized by the
Court or a Judge to defend, in such cause or matter, on
behalf or for the benefit of all persons so interested.

Power to 1 3 2 . Where in proceedings concerning a trust a com-

approve com- promise is proposed, and some of the persons interested
promise in
absence of in the compromise are not parties to the proceedings, but
some of the there are other persons in the same interest before the
persons
interested. Court and assenting to the compromise, the Court or a
Judge, if satisfied that the compromise will be for the
benefit of the absent persons, and that to require service
on such persons would cause unreasonable expense or
delay, may approve the compromise, and order that the
same shall be binding on the absent persons, and they
shall be bound accordingly, except where the order has
been obtained by fraud or n on-disclosure of material
facts.
Misjoinder
and
133.—(1) No cause or matter shall be defeated by
nonjoinder. reason of the misjoinder or nonjoinder of parties, and
the Court may in every cause or matter deal with the
matter in controversy, so far as regards the rights and
interests of the parties actually before it.
(2) The Court or a Judge may, at any stage of the
proceedings, either upon or without the application of
either party, and on such terms as appear to the
Court or a Judge to be just, order that the names of any
 367
A.D. 1 9 0 7 .
Ss. 134-187.
CIVIL PROCEDURE CODE.

parties improperly joined, whether as plaintiffs or as striking out

defendants, shall be struck out, and that the names of any partifs^™^
parties, whether plaintiffs or defendants, Avho ought to
have been joined, or whose presence before the Court is
necessary, in order to enable the Court effectually and
completely to adjudicate upon and settle all the questions
involved in the cause or matter, shall be added.
(3) No person shall be added as a plaintiff suing with- Consent of
out a next friend, or as the next friend of a plaintiff LxTfriend.
under any disability, without his own consent in writing
thereto.
(4) Every party, whose name is so added as defendant,
shall be served with a writ of summons or notice in
•manner hereinafter mentioned, or such manner as is
prescribed by any special order, and the proceedings as
against such party shall be deemed to have begun only on
the service of such writ or notice.

134. Any application to add or strike out or sub- f„Pft^|^'g'°,^t.

stitute a plaintiff or defendant may be made to the Court
or a Judge at any time before trial by summons, or at the
trial of the action in a summary manner.

135. Where a defendant is added or substituted, the alSant

plaintiff shall, unless otherwise ordered by the Court or a added.
Judge, file an amended copy of and sue out a writ of
summons, and serve such new defendant with such writ
or notice in lieu of service thereof in the same manner as
original defendants are served.

Persons under Disability.

136.—(1) Infants may sue as plaintiffs by their next ^atried^^
friends in the manner heretofore practised, and may in women and
• like manner defend by their guardians appointed for that ™ *°*''
purpose.
(2) Married women may sue and be sued as provided
by Ordinance No. 26 (Mahomedans) and Ordinance
No. 76 (Married Woman's Property), or other statutory
provision of law in force in the Colony.
137. Where lunatics and persons of unsound mind, •^g^^^g'^'j'""^
not so found by inquisition, might respectively before the un"oTnd"
passing of this Code have sued as plaintiffs, or would have '"^°^-
368
A.D. 1 9 0 7 .
Ss. 138-141.
CIVIL PROCEDURE CODE.

been liable to be sued as defendants, in any action or suit,

they may respectively sue as plaintiffs in any action by
their committee or next friend according to the practice
heretofore in use, and may in like manner defend any
action by their committees or guardians appointed for
that purpose.

Appearance 138.—(1) An infant shall not enter an appearance

by infant.
except by his guardian ad litem.
(2) No order for the appointment of such guardian
shall be necessary, but the solicitor applying to enter such
appearance shall make and file an affidavit in the form
in schedule A, with such variations as circumstances
require.

Guardian
ad litem.
139.—(1) Every infant served with a petition, or
notice of motion, or summons in a matter shall appear on
the hearing thereof by a guardian ad litem, in all cases
in which the appointment of a special guardian is not
provided for.
(2) No order for the appointment of such guardian
shall be necessary, but the solicitor by whom he appears
shall previously make and file an affidavit as in
section 138 mentioned.

Next friend. 1 4 0 . Before the name of any person is used in any

action as next friend of any infant or other party, or
as relator, such person shall sign a written authority to
the solicitor for that purpose, and the authorit}^ shall be
filed in the Registry.

Consent of 1 4 1 . lu all cascs or matters to which any infant or

disabiiity'to" persou of uusound mind, whether so found by inquisition
prbcedure. or uot, or pcrsou uudcr any other disability is a party,
any consent as to the mode of taking evidence, or as to
any other procedure, shall, if given with the consent of
the Court or a Judge by the next friend, guardian, com-
mittee, or other person acting on behalf of the person
under disability, have the same force and effect as if such
party was under no disability, and had given such
consent.
 369
A.D. 1 9 0 7 .
Ss. 142-145.
CIVIL PROCEDURE CODE.

Administration and Execution of Trusts.

142.—(1) In any case in which the right of the next ^j,^f*'°^' kin
of kin or a class depends upon the construction which
the Court or a Judge may put upon an instrument, and
it is not known or is difficult to ascertain who is or
are such next of kin or class, and the Court or Judge
considers that in order to save expense, or for some
other reason, it will be convenient to have the questions
of construction determined before such next of kin or
class have been ascertained by means of inquiry or
otherwise, the Court or Judge may appoint some one or
more persons to represent such next of kin or class.
(2) The judgment of the Court or Judge in the
presence of such j^ersons shall be binding upon the next
of kin or class so represented.

143.—(1) In any other case in which any next of kin Powerto .

or a class are interested in any proceedings the Court 1^1110
or Judge may, if having regard to the nature and ''^P^^^''"' . ^
extent of the interest of such persons or auy of them it ^''™ ^' ^^ ^^''
appears expedient on account of the difficulty of
ascertaining such persons or in order to save expense,
appoint one or more persons to represent all or any of
such next of kin or class.
(2) The judgment or order of the Court or Judge in
the presence of the persons so appointed shall be binding
upon the persons so represented.

1 4 4 . Any residuary legatee or next-of-kin, entitled to j^tffeg^and

a judgment or order for the administration of the estate ne°xt-of-kin.
of a deceased person, may have the same without serving
the remaining residuary legatees or next-of-kin.

1 4 5 . Any legatee interested in a legacy charged upon Person

immoveable' property, and any person interested in the p°!Ss rf"'
proceeds of immoveable property directed to be sold, and immoveable
who may be entitled to a judgment or order for the ?"?'''*>'•
administration of the estate of a deceased person, may
have the same without serving any other legatee or person
interested in the proceeds of the property.
Vol. II. . ' 24
870
A.D. 1 9 0 7 .
Ss. 146-151.
CIVIL PROCEDURE CODE.

Keslduary
devLsee. 146. Any residuary devisee entitled to the like judg-
ment or order may have the same without serving any
co-residuary devisee.
Cntllis qiir
(ntsfei't.
147. Any one of several cestuis qtie trustent under
any deed or instrument, entitled to a judgment or order
for the execution of the trusts of the deed or instrument,
may have the same without serving an)' other cestui que
trust.
Waste. 148. In all cases of actions for the prevention of
waste, or otherwise for the protection of property, one
person may sue on behalf of himself and all persons
having the same interest.
Executor, 149. Any executor, administrator, or trustee entitled
ndmlulstrator,
trustee. thereto may have a judgment or order against any one
legatee, next-of-kin, or cestui que trust for the adminis-
tration of the estate or the execution of the trusts.
Conduct of
action.
150. The Court or a Judge may require any person to
be made a party to any action or proceeding, and ma.}^
give the conduct of the action or proceeding to such
person, as it or he thinks fit, and may make such order
in any particular case, as is just, for placing the
defendant on the record on the same footing in regard
to costs as other parties having a common interest with
him in the matters in question.
Notice of
j adgment to
151.—(1) Where in any action for the administration
be served on of the estate of a deceased person, or the execution of the
certain
persons.
trusts of any deed or instrument, or for the partition or
Efeect of. sale of any immoveable property a judgment or an order
has been pronounced or made
(a) under section 205;
(b) under Chapter X V I I I ; or
(c) affecting the rights or interests of persons not
parties to the action,
the Court or a Judge may direct that any persons,
interested in the estate, or under the trust, or in the
immoveable property, shall be served with notice of the
judgment or order,
(2) After such_notice such persons shall be bound by
the proceedings 'in the same manner as if they had
 371
^ A.D. 1 9 0 7 .
„ , Ss. 152-166.
CIVIL PROCEDURE CODE.

originally been made parties, and may attend the pro-

ceedings under the judgment or order.
(3) Any person so served may, within one month after
such service, apply to the Court or Judge to discharge,
vaiy, or add to the judgment or order.

152- It shall not be necessary for any person served Order-for

with notice of any judgment or order to obtain an order atipg^'not
for liberty to attend the proceedings under such judg- necessary.
ment or order, but such person may attend the proceed- ^^'breXred.
ings upon entering an appearance in the Registry in the
same manner, and subject to the same provisions, as a
defendant entering an appearance.

153. A memorandum of the service upon any person Memorandum

of notice of the judgment or order in any action under ^e entered in
section 151 shall be entered in the Registry upon due Eegistry.
proof, by production of the judgment or order duly
endorsed and 'signed by the sworn process server or by
an affidavit, of such service.

154. Notice of a judgment or order served pursuant Form of

to section 151 shall be entitled in the action and there '"en.orandum.
shall be endorsed thereon a memorandum in the form in
schedule A. •
155. Notice of a judgment or order on an infant or service of
person of unsound mind, not so found by inquisition, ^°\''^^ o*'
11-11 1 • J.1 -i .e judgment on
shall be served m the same manner as a writ ot summons infants, etc.
in an action.
156.—(1) If in any cause, matter, or other proceeding AVhereno
it appears to the Court or a Judge that any deceased reprLeSa'ti'v]
person, who was interested in the matter in question, has Com^ may
no legal personal representative, the Court or Judge may di'sp°ras'e°with
proceed in the absence of any person representing the service.
estate of the deceased person, or may appoint some person
to represent his estate for all the purposes of the cause,
matter, or other proceeding, on such notice to such person,
if any, as the Court or Judge thinks fit, either specially
or generally by public advertisement.
(2) The order so made and any order consequent thereon
shall bind the estate of the deceased person in the same
Vol. II. 24A
 372
A.D. 1 9 0 7 .
Ss. 157-159.
CIVIL PROCEDURE CODE.

manner in every respect as if a duly constituted legal

personal representative of the deceased had been a party
to the cause, matter, or proceeding.

Administra- . ^57.—(1) In any cause or matter for the administra-

tion of the estate of a deceased person no party other than
the executor or administrator shall, unless by leave of the
Appearance at Court or a Judgc, be entitled to appear either in Court
Specrof "^ or in Chambers on the claim of any person not a party
creditor's to thc cause or matter against the estate of the deceased
claims. i-)er.son in respect of any debt or liability.
(2) The Court or a J u d g e may direct or give liberty to
any other party to the cause or matter to appear, either
in addition to or in the place of the executor or adminis-
trator, upon such terms as to costs or otherwise as it or
be thinks fit.

Third Party Procedure.

third^mrt• 158.—(1) Where a defendant claims to be entitled to
Fiiiiio^'and Contribution or indemnity over against an}' person not a
serviS). party to the action, he may, by leave of the Court or a
Judge, issue a notice, hereinafter called the third party
notice, to that effect, stamped with the seal with which
writs of summons are sealed.
(2) A copy of such notice shall be filed with the Regis-
trar, and served on such person according to the rules
relating to the service of writs of summons.
(3) The notice shall state the nature and grounds of
the claim, and shall, unless otherAvise ordered by the
Court or a Judge, be served within the time limited for
delivering his defence.
(4) Such notice may be in the form or to the effect of
the form in schedule A, with such variations as circum-
stances require, and therewith shall be served a copy
•«'•" of the statement of claim, or, if there is no statement of
claim, then a copy of the Avrit of summons in the action.

rfS^°art' ^^^-—(1) If a person not a party to the action who is

•r par y. gg^,ygj ^^ mentioned in section 158, hereinafter called the
third party, desires to dispute the plaintiff's claim in
the action, as against the defendant on Avhose behalf the
notice has been given, or his own liability to the
 373
A.D. 1 9 0 7 .
Ss. 160 & 161.
CIVIL PROCEDURE CODE.

defendant, the third party shall enter an appearance in

the action within eight days from the service of the
*" notice.
(2) In default of his so doing he shall be deemed to Default of
admit the validity of the judgment obtained against such appearance.
defendant, whether obtained by consent or otherwise, and
his own liability to contribute or indemnify, as the case
may be, to the extent claimed in the third-party notice.
(3) Any person so served who fails to appear within
the said period of eight days may apply to the Court or a
Judge for leave to appear, and such leave may be given
upon such terms, if any, as the Court or Judge thinks
fit.
160.—(f) Where a third party makes default in enter- Default of
ing an appearance in the action, in case the defendant ^y^'^'t'hiiT'^^
giving the notice suffers judgment by default he shall be party.
entitled, at any time after satisfaction of the judgment
against himself, or before such satisfaction by leave of
the Court or a Judge, to enter judgment against the third
party, to the extent of the contribution or indemnity
claimed in the third party notice.
(2) The Court or a Judge may set aside or vary such
judgment upon such terms as seem just.

161.—(1) Where a third party makes default in Default in

entering an appearance in the action, in case the action JSpTrty."
is tried and results in favour of the plaintiff, the Judge
who tries the action may, at or after the trial, enter such
judgment as the nature of the case requires for the defen-
dant giving the notice against the third party : provided
that execution thereof shall not be issued, without
leave of the Judge, until after satisfaction by such
'" defendant of the judgment against him.
(2) If the action is finally decided in the plaintiff"s "^
favour otherwise than by trial, the Court or a Judge may.
on application by motion or summons, as the case may be,
order such judgment as the nature of the case requires
to be entered for the defendant giving the notice against
the third party, at any time after satisfaction by the
defendant of the amount recovered by the plaintiff against
him.
 374
A.D, 1 9 0 7 .
Ss. 162-165.
CIVIL PROCEDURE CODE.

Appearance 1Q2.—(1) If a third party at)pears pursuant to the

of third party. , , • i , ' ,• ,T -,' r. S ' "^ • • "^ , i ,•
Application' tturd ])arty notice, the defendant giving the notice may
for directions, apply to the Court or a Judge for directions.
(2) The Court or Judge, upon the hearing of such
application, may, if satisfied that there is a question
proper to be tried as to the-liability of the third party to
make the contribution or indemnity claimed in whole or
in part, order the question of such liability, as between
the third jDarty and the defendant giving notice, to be
tried in such manner at or after the trial of the action as
the Court or Judge directs.'
(3) If not so satisfied, such Court or Judge may order
such judgment as the nature of the case requires to
l:>e entered in favour of the defendant giving the notice
against the third party.
What direc- 163. The Court or a Judge, upon the hearing of the
tions may be application mentioned in section 162, may, if it appears
liriveu.
desirable to do so, give the third ]Jarty liberty to
defend the action upon such terms as are just, or to
appear at the trial and take such part therein as is
just, and generally may order such jjroceedings to be
taken, documents to be delivered, or amendment to be
made, and give such directions, as to the Court or Judge
appear proper for having the question most con-
veniently determined, and as to the mode and extent in or
to which the third party shall be bound or made liable by
the judgment in the action.
C'osls. 164. The Court or a Judge may decide all questions
• of costs as between a third party and the other joarties to
the action, and may order any one or more to pay the costs
of any other or others, or give such direction as to costs
as the justice of the case requires.
Defendant 165.—(1) Where a defendant claims to be entitled to
.claiming
against co- contribution or indemnity against any other defendant to
defend.ant. the action, a notice may be issued, and the same procedure
shall be adopted for the determination of such questions
between the defendants as would be issued and taken
against such other defendant, if such last mentioned
defendant was a third party.
(2) Nothing herein shall prejudice the rights of the
plaintiff against any defendant in the action.
 375
A.D. 1 9 0 7 .
Ss. 166-169.
CIVIL PROCEDURE CODE.

Change of Parties by Death, etc.

166.—(1) A cause or matter shall not become abated Action not
by reason of the marriage, death, or bankruptcy of any of Luse of '^^'^
the parties, if the cause of action survives or continues, '"'H'^^,,gg
and shall not become defective by the assignment, creation,
or devolution of any estate or title pendente lite.
(2) Whether the cause of action survives or not, there
shall be no abatement by reason of the death of either
party between the finding of the issues of fact and the
judgment, but judgment may, in such case, be entered
notwithstanding the death.
1 6 7 . In case of the marriage, death, or bankruptcy, or in case of
devolution of estate by operation of law, of any party to ^-Xvo^iution'
a cause or matter, the Court or Judge may, if it is deemed »* estate,
necessary for the complete settlement of all the questions oXr sSs-
.involved, order that the husband, personal representative, sortobemade
•trustee, or other successor in interest, if any, of such party served\°i'th
shall be made a party, or be served with notice in such °°''^^-
manner and form as hereinafter prescribed, and on such
terms as the Court or Judge thinks just, and shall make
such order for the disposal of the cause or matter as is
just.
1 6 8 . In case of an assignment, creation, or devolution i^ case of
of any estate or title pendente lite, the cause or matter crSTor'
may be continued by or against the person to or upon devolution of
whom such estate or title has come or devolved. action may '^
be continued.
1 6 9 . Where, by reason of marriage, death, or bank- Order to cany
I'uptcy, or any other event occurring after the commence- ings^™"''^
ment of a cause or matter, and causing a change or
transmission of interest or liability, or by reason of any
person interested coming into existence after the
commencement of the cause or matter, it becomes necessary
or desirable that any person not already a party should
be made a party, or that any person already a party should
be made a party in another capacity, an order that the
proceedings shall be carried on between the coiitinuing
parties and such new party or parties may be obtained «
ex parte, on application to the Court or a Judge, upon an
allegation of such change, or transmission of interest, or
liability, or of such person interested having come into
existence.
376
A.D. 1 9 0 7 .
Ss. 170-178.
CIVIL PROCEDURE CODE.

Service of
order to
170.-—(1) An order obtained under section 169 shall,
continue unless the Court or Judge otherwise directs, be served
action. upon the continuing party or parties, or their solicitors,
and also upon each such new party, unless the person
making application is himself the only new party.
(2) Such order shall, from the time of such service,
subject nevertheless to sections 171 and 172, loe binding on
the persons served therewith.
(3) Every jierson served therewith who is not already
a [larty to the caus3 or matter shall enter an a]>pearance
thereto, within the same time and in the same manner as
if he had been served with a writ of summons.
Application 171. Any person who is under no disability, or under
to discharge
order by no disability other than coverture, or, being under no
person under
no disability
disability othei- than coverture, but having a guardian ad
or having a litem in tlie cause or matter, and who is served with an
guardiiin. order under section 169, may apply to the Court or a
Judge to discharge or vary such order, at any time within
twelve days from the service thereof.
By person
under
172. Any person being under any disability other than
disability, coverture, and not having a guardian ad litem in the
having no cause or matter, who is served with any order under section
"uardian.
169, may apply to the Court or a Judge to discharge or
vary such order, at any time within twelve days from the
appointment of a guardian ad litem for such party, and,
until such period of twelve days has expired, such order
shall have no force or eft'ect as against such person.

Death of 173.—(1) Where the plaintiff or defendant in a cause

sole plaintiff or matter dies and the cause of action survives, but the
or defendant.
person entitled to proceed fails to proceed, the defendant,
or the person against whom the cause or matter may be
continued, may apjDly by summons to compel the plaintiff,
or the person entitled to proceed, to proceed within such
time as is ordered.
(2) In default of such proceeding, judgment may be
entered for the defendant, or, as the case may be, for the
person against whom the cause or matter might have been
continued, and in such case, if the plaintiff has died,
execution may issue as in the case provided for by
section 591.
 377
A.D. 1 9 0 7 .
Ss. 174-178.
CIVIL PROCEDURE CODE.

1 7 4 . Where any cause or matter becomes abated, or in ^,"^?''it°^°*

1 r 1 1 (. • • 1 1 • plaintiH to
tne case ot any such change ot interest as is by this give notice of
abatement.
Chapter provided for, the solicitor for the plaintiff or
person having the conduct of the cause or matter, as the
case may be, shall certify the fact to the Registrar, who
shall cause an entry thereof to be made in the Cause Book
opposite to the name of such cause or matter.
1 7 5 . Any cause or matter which has been standing for Abated cause
c
one year in the Cause Book marked as "abated" or to be struck
out.
standing over generally, sliall be marked, as struck out
in the Cause Book.

07ie Party acting for the others.

176.—(1) When there are more plaintiffs than one, Sev-erai
any one or more of them may be authorized by any other authorising
of them to attend, plead, or do any act for such other in """ *" ^PI"^*"'
any proceeding under this Code.
(2) When there are more defendants than one, any one
or more of them may be authorized by any other of them
to attend, plead, or do any act for such other in any such
proceeding.
(3) The authority shall be in writing signed by the be Authority to
filed.
party giving it and shall be filed in the Registry.

Chapter VII.
APPEARANCE.
177. The defendant, subject to this Code, shall. Appearance
within the time specified in the writ of summons, cause
an appearance to the action to be entered for him in the
Registry in the Settlement in vvdiich the writ was issued.

178.—(1) A defendant shall enter his appearance to Mode of

a writ of summons by delivering or causing to be delivered appear,ince.
to the Registrar a memorandum in writing, dated on the
day of delivering the same, and containing the name
of the defendant's solicitor, or stating that the defendant
defends in person, and the Registrar shall forthwith file
the appearance.
378 •
A.D. 1 9 0 7 .
Ss. 179-183.
C I V I L P R O C E D U R E CODE.

(2) The defendant shall at the same time deliver to the

Registrar a duplicate of the memorandum, which the
Registrar shall seal with the official seal, and mark with
the date on which it is sealed, and then return it to the
person entering the appearance; and the du])licate
memorandum so sealed and marked shall be a certificate
that the appearance was entered on the day indicated.
(3) A defendant shall, on the day on which he enters
an appearance, give notice of his appearance to the
plaintift"'s solicitor, or, if the plaintiff sues in person, to
the plaintiff' himself, which notice may be in the form in
schedule A.
(4) The notice may be either served in the ordinary way
at the address for service, or by prepaid letter, directed
to that address and posted on the day of entering
appearance.

Entry In 1 7 9 . The p)articulars of every such memorandum shall

Cause Book.
be entered forthwith by the Registrar in the Cause Book.

Form of 1 8 0 . The memorandum of aj^pearance shall be in the

appp.iranee. form in sclicdule A, with .such variations as the circum-
stances require.

Defemiaufs 1 8 1 . Tlic soKcltor of a defendant appearing by a

address for solicitor shall state in such memorandum his place of
business or his address for service within the Settlement
and within three miles from the Court House.

Defendant In 1 8 2 . A defendant appearing in person shall state in

person.
such memorandum his place of residence, or, if the same
is out of the jurisdiction, or out of the Settlement
in which the writ was issued, or more than three miles
from the Court House, a place, to lie called his address
for service, within three miles from the Court House in
such Settlement.

Memorandum 183.—(1) If the memorandum does not contain such

Irregular if addrcss it shall not be received.
iictitious. (2) If any such address is illusory or fictitious, the
appearance may be set aside by the Court or a J u d g e on
the application of the plaintiff.
 379
A.D. 1 9 0 7 .
Ss. 184-190.
CIVIL PROCEDURE CODE.

184. I f two or more defendants in the same action f^^garing'L

a p p e a r by t h e same solicitor, a n d a t t h e same time, same solicitor
the names of all t h e defendants so a p p e a r i n g shall be
inserted in one memorandum.
185. A solicitor not entering an appearance in ^,^Jgj.;n°,i'"°*
pursuance of his w r i t t e n u n d e r t a k i n g so to do on behalf appearalice. ^
of a n y defendant shall be liable to attachment.

1 8 6 . — ( 1 ) A defendant may a p p e a r a t any time before Time for

judgment. appearance.
(2) If he appears at any time after the time limited
by the writ for appearance, he shall not, unless the
Court or a Judge otherwise orders, be entitled to any
further time for delivering his defence or for any other
purpose than if he had appeared aceording to the writ.

187.—(1) Any person not named as a defendant in a Recovery of

writ of summons for recovery of immoveable property \"?"g^'t'^^^
may, by leave of the Court or a Judge, appear and defend,
on filing an affidavit showing that he is in possession of
the immoveable property, either by himself or his tenant.
(2) Such leave may be obtained on an ex parte
application.

188. Any joerson appearing to defend an action for i-andiord

the recovery of immoveable property, as landlord in ''PP''^""^-
respect of property Avhereof he is in possession only by
his tenant, shall state in his appearance that he appears
as landlord.
189. A n y person not named as defendant in any w r i t Recovery of
of summons for t h e recovery of immoveable property, who property,
has obtained leave of t h e Court to a p p e a r a n d defend, v^-^ion not
shall enter an appearance according to the foregoing defendant.
sections, intituled in the action against the party named
in the writ as defenda-nt, and shall forthwith give notice
of such appearance to the plaintiff's solicitor or to the
plaintiff if he sues in person, and shall in all subsequent
proceedings be named as a party defendant to the action.

190.—(1) Any person appearing to a writ of summons i^mTveabie

for the recovery of immoveable property may limit his property,
property
limiting
defence.
 380
A.D. 1 9 0 7 .
S3. 191-194.
CIVIL PROCEDURE CODE.

defence to a part only of the property mentioned in the

writ, describing that part with reasonable certainty in
his memorandum of appearance, or in a notice intituled
in the cause and signed by him or his solicitor.
(2) Such notice shall lie served within four days after
appearance, and an appearance where the defence is not
so limited as abovementioned shall be deemed an
appearance to defend for the whole.
Conditional 1 9 1 . A conditional appearance may be entered by
iijlpearancc.
leave of the Registrar, where there is a bona fide intention
to set aside the writ or the service thereof.
Summons to 192. A defendant before appearing may, without
set aside.
obtaining an order to enter or entering a conditional
appearance, serve a summons in Chambers to set aside
the service upon him of the writ, or of notice of the
writ, or to discharge the order authorizing such service.

C h a p t e r VIII.
DEFAULT OF APPEARANCE.
Default of 193. Where any defendant fails to appear to a writ
appearance of summons, and the plaintiff' is desirous of proceeding
generally.
upon default of appearance, he shall, before taking any
other proceedings, file in the Registry a certificate of non-
appearance together vwith the original writ or notice in
lieu of writ, with an affidavit of service of the writ or
notice in lieu of service, as tlie case may ))e.

Default of 194.—(1) Where no appearance has been entered to a

appearance writ of summons or originating summons for a defendant
by infant or
person of who is an infant, or a person of unsound mind not so
unsound found by inquisition, the })laintift' shall, before further
mind.
proceeding with the action against the defendant, apply
to the Court or a Judge for an order that some proper
person shall be assigned guardian of such defendant, by
whom he may appear and defend the action.
Notice of (2) No such order shall be made, unless it appears on
application. the hearing of such application that the writ of summons
was duly served, and that notice of such application was,
 381
A.D. 1 9 0 7 .
Ss. 195 & 196.
.,• . CIVIL PROCEDURE CODE.
after the expiration of the time allowed for appearance,
and at least six clear days before the day in such notice
named for hearing the application, served upon or left at
the dwelling house of the person with whom or under
whose care such defendant Avas at the time of serving such
writ of summons or originating summons, and, in the case
of such defendant being an infant not residing with or
under the care of his father or guardian, ssrvecl upon or
left at the dAvelling house of the father or guardian, if
any, of such infant, unless the Court or Judge at the time
. of hearing such application dispenses Avith such last
mentioned service.

195.—(1) Where the Avrit of summons is indorsed for .Uquidated

a liquidated demand, Avhether specially or otherwise, and 'iiXr^ed.
the defendant fails, or all the defendants, if more than
one, fail, to appear thereto, the plaintiff may enter final
judgment for any sum not exceeding the sum indorsed
on the writ, together Avith interest at the rate specified,
if any, or, if no rate is specified, at the rate of eight per
centum per annum to the date of the judgment and costs.
(2) In-case the plaintiff enters final judgment under
this section or section 196 in respect of a Avrit specially
indorsed, he need not prepare a bill of costs, but may be
allowed for his costs such a sum as he is entitled to
under schedule C, in addition to the amount of the Court
fees expended by him.
(3) A solicitor claiming costs under subsection (2) shall
deliver to the Registrar either with the minute of judg-
ment deliA^ered to him under section 555 or in the margin
thereof a note of the total amount to Avhich he is entitled
for costs and the amount of the Court fees expended by
him up to and including an office copy of judgment and
the Registrar shall certify^ his alloAvance thereof by
•initialling the said note.

196. Where, the Avrit of summons is indorsed for a Liquidated

liquidated demand, Avhether specially or otherAvise, and '^^'°^^^'^'
there are several defendants of whom one or more appear defendants,
to the writ and another or others of them fail to appear
the plaintiff may enter final judgment as in section 195
against such as have not appeared and may issue
execution upon such judgment Avithout prejudice to his
382
A.D. 1 9 0 7 .
Ss. 197-200.

CIVIL PROCEDURE CODE.

right to proceed with the action against such as have

ajopeared.
Detention of
goods. 197. Where the writ is indorsed Avith a claim for
Damages, pecuniary damages only or for detention of goods with or
Interlocutory
judgment. Avithout pecuniary damages, and the defendant fails or
all the defendants, if more than one, fail to appear, the
plaintiff may enter interlocutory judgment, and may set
the cause down for the assessment of the value of the
goods and the damages, or either of them, as the case may
be.
Several 198.—(1) Where the Avrit is indorsed as in section 197
defendants.
mentioned, and there are several defendants, of Avhom one
or more appear to the writ, and another or others of them
fail to appear, the plaintiff may sign interlocutory
judgment against the defendant or defendants so failing
to appear, and the value o:^ the goods and damages, or
either of them, as the case may be, shall be assessed as
against the defendants suffering judgment by default at
the same time as the trial of the action or issue therein
against the other defendant or defendants, unless the
Court or a Judge otherwise directs.
(2) The Court or a Judge may ordei' that the value and
the amount of damages, or either of them, shall be
ascertained in any Avay which the Court or Judge directs.
Detention of
goods,
199. Where the writ is indorsed Avith a claim for
damages, and pecuniary damages only, or for detention of goods Avith
liquidated
dem.ind
or Avithout pecuniary damages, and is further indorsed
Pinal and for a liquidated demand, Avhether specially or otherwise,
Interlocutory and any defendant fails to ap]>ear to the Avrit, the plaintiff
judgment
against may enter final judgment for the debt or liquidated
defendants. demand, interest, and costs against the defendant or
defendants failing to appear, and interlocutory judgment
for the value of the goods and the damages, or the danrages
only, as the case may be, and proceed as mentioned in such
of the preceding sections as is applicable.
Kecovery of 200. In case no appearance is entered in an action
immoveable
property. for the recovery of immoveable property within the
time limited by the writ for appearance, or if an appear-
ance is entered but the defence is limited to part only,
the plaintiff may enter a judgment that the person Avhose
 383
AD. 1 9 0 7 .
Ss. 201-205.
CIVIL PROCEDURE CODE.
title is asserted in the writ shall recover possession of the
immoveable property, or of the part thereof to which the.
defence does not apply.
201. Where the plaintiff has indorsed a claim for Mesne
profits.
mesne profits for arrears of rent, double value, or damages
for breach of contract, or Avrong or injury to the premises
claimed, upon a Avrit 'for the recovery of immoveable
property, he may enter judgment as in section 200
mentioned for the immoveable property, and may proceed
as in the other preceding sections mentioned as to such •
other claim so indorsed.
202. Where judgment is entered pursuant to any of Setting aside
the preceding sections, the Court ma.y set aside or vary 3"'is'"<="*-
such judgment upon such terms as are just.
203. In case of non-appearance by the defendant Non-appear-
where the service of the writ has been made in defendant
accordance Avith section 115, the plaintiff may apply to served under
tne Court or a Judge, upon notice to the person having section 11.'j.
at the time of service the control or management of the
business of the defendant, for leave to enter final or inter-
locutory judgment, or to proceed Avith the action as if
the defendant had apj^eared, and the Court or Judge may
give such leave, or order personal service of the Avrit upon
the defendant, or extend the time for appearance, or make
such other order as the Court or Judge thinks fit.

204. In all actions not by this Chapter otherwise Default of

specially provided for, in case the party served Avith the [PSonsnot
writ does not appear Avithin the time limited for appear- otherwise
ance, upon the filing by the plaintiff of the necessary p^^kiedfor.
evidence of service, and, if the Avrit is not specially
indorsed under section 54, of a statemen-t of claim, the
action may proceed as if such party had appeared, subject
as to actions where an account is claimed, to sections 205
and 206.
205. Where a writ of summons has been indorsed for Order for
an account, or where the indorsement on the Avrit of ^'^'°™*-
summons involves taking an account, if the defendant *
either fails to appear or does not after appearance, by
affidavit or otherwise, satisfy the Court or a Judge that
384
A.D. 1 9 0 7 .
Ss. 206-208.
CIVIL PROCEDURE CODE.

there is some preliminary question to be tried, an order

for proper accounts, Avith all necessary inquiries and
directions noAv usual in similar cases, shall be forthAvith
made.
Application, 206.—(1) An application for an order under section
how made.
205 shall be made by summons, and be su])p(n'ted by an
affidavit, Avhen necessary, filed on behalf of the plaintiff,
stating concisely the grounds of his claim to an account.
(2) The application may be made at any time after the
time for entering an appearance has expired.
AVhere 207. When service has not been personal or within
service not
personal or
the Colony, final judgment shall not be signed without
within the leave of the Court or a Judge, and, upon appli-
Colony. cation for this purpose, leave may be given to enter
judgment, or the plaintiff may be ordered to proceed ex
parte as in default of appearance to a Avrit not specially
indorsed.

Chapter IX.
PROCEDURE AFTER APPEARANCE.
208.—(1) Where the defendant appears to a writ of
Judgment on summons specially indorsed under section 54, the plaintiff
writ specially
Indorsed
may, on affidavit made by himself, or by any other person
under who can swear positively to the facts, verifying the cause
section Rl of action and the amount claimed, if any, and stating that
in his belief there is no defence to the action, apply to a
Judge for liberty to enter final'judgment for the amount
so indorsed, together with interest, if any, or for the
recovery of the immoveable property, with or Avithout rent
or mesne profits, as the case may be, and costs.
(2) The Judge may thereupon, unless the defendant, by
affidavit, or by his OAvn viva voce evidence, or otherAvise,
satisfies him that he has a good defence to the action
on the merits, or discloses such facts as are deemed
sufficient to entitle him to defend, make an order
empowering the plaintiff to enter judgment accordingly.
(3) If on the hearing of any application under this
section it appears that any claim Avhich could not have
been specially indorsed under section 54 has been included
in the indorsement on the writ the Judge may, if he thinks
 385
AD. 1 9 0 7 .
Ss. 209-212.
C I V I L P R O C E D U R E CODE.

fit, forthwith amend the indorsement by striking out such

claim, or may deal with the claim specially indorsed as
if no other claim had been included in the indorsement,
and allow the action to proceed as respects the residue of
the claim.
2 0 9 . The application by the plaintiff for leave to enter Application
final judgment under section 208 shall be made by ^^'''"""'°°'-
summons, returnable not less than four clear days after
service, accompanied by a copy of the affidavit and exhibits
referred to therein.

210.—(1) The defendant may show cause against such Defendant

Application by affidavit, or, except in actions for the ™X!'^°"'
recovery of immoveable property, by offering to bring into
Court the sum indorsed on the writ, or the Judge may
allow the defendant to be examined upon oath.
(2) The affidavit shall state whether the defence alleged
goes to the Avhole or to part only, and, if so, to what part
of the pla,intiff's claim.
(3) The Judge may, if he thinks fit, order the defen-
dant, or, in the case of a corporation, any officer thereof, to
attend and be examined upon oath, or tO' produce any
leases, deeds, books, or documents, or copies of or extracts
therefrom.
2 1 1 . If it appears that the defence set up by the defen- Judgment for
dant applies only to a part of the plaintiff's claim, or that '^'^''^ °* '^'^"°-
any part of his claim is admitted, the plaintiff shall have
judgment forthwith 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 the
payment of the amount levied, or any part thereof, into
Court by the Sheriff, the taxation of costs, or otherwise,
as the Judge thinks fit; and the defendant may be allowed
t o defend as to the residue of the plaintiff's claim.

2 1 2 . If it appears to the Judge that any defendant where one

has a good defence to or ought to be permitted to defend gfod^deWe''^
the action, and that any other defendant has not such butothersnot.
defence and ought not to be permitted to defend, the
former may be permitted to defend, and the plaintiff may
enter final judgment against the latter, and may issue
Vt>l TT. 25
 386
A.D. 1 9 0 7 .
Ss. 213-219.
CIVIL PROCEDUEE CODE,

execution upon such judgment, without prejudice to his

right to proceed Avith his action against the former.
Leive to 213. Leave to defend may be given unconditionally,
defend. or subject to such terms as to giving security, or time, or
mode of trial, or otherwise, as the Judge thinks fit.
Summary 214. The Judge may, with the consent of all parties,
dispose of the action finally and Avithout appeal in a
summary manner.
, Directions as 215. The Court or a Judge may in any cause or matter,
to trials.
at any time or from time to time, order that one or more
questions of fact shall be tried before any other or others.
Costs. 216.—(1) The costs of and incident to all applications
under this Chapter shall be dealt with by the Judge on
the hearing of the application, who shall order by and to
whom and Avhen the same shall be paid, or may refer them
to the Judge at the trial.
(2) In case no trial afterAvards takes place, or no order
as to costs is made, such costs shall be costs in the cause.
(3) If the plaintiff makes an application under this
Chapter where the case is not Avithin the Chapter, or
Avhere the plaintiff, in the opinion of the Judge, knew that
the defendant relied on a contention Avhich would entitle
him to unconditional leave to defend, the application shall
be dismissed Avith costs to be paid forthAvith by the
plaintiff.

Deposit of 217. In any proceedings upon bills of exchange or

bill of
exchange. promissory notes the Judge may order the bill or note sued
on to be deposited with an officer of the Court.
Trial with- 218. In any action the plaintiff may claim to proceed
out pleadings.
to trial Avithout pleadings, and in such case the indorse-
ment of the writ of summons shall contain a statement
sufficient to give notice of the nature of his claim, and of
the relief or remedy required in the action, and shall state
that, if the defendant appears, the plaintiff intends to
proceed to trial without pleadings.
Notice of
trial without 219. Within ten days after appearance in cases under
pleadings. section 218 the plaintiff shall serve seven days' notice of
 387
AD. 1 9 0 7 .
Ss. 220-224.
CIVIL PROCEDURE CODE.

trial without pleadings, and shall set down the action for
trial in the trial list marked as a " short cause."
2 2 0 . The defendant may, within ten days after Defendant
appearance, apply by summons for the delivery of a state- ^r'^statem^int
ment of claim, and on such summons the Judge may ofciaim.
order
(a) that a statement of claim shall be delivered, in
which case the action shall proceed in the usual
manner; or
(b) that the action shall proceed to trial without
pleadings, in which case it may be further
ordered that either party shall deliver par-
ticulars of his claim or defence.
221.—(1) When the Judge orders that the action shall Particulars
proceed to trial Avithout pleadings, and makes no order
for particulars, all defences shall be open at the trial to
the defendant.
(2) Where particulars are ordered to be delivered, the
parties shall be bound by such particulars, so far as
regards the matters in respect of which the order for
particulars was made.
2 2 2 . Where a defendant has not taken out a summons Special
under this Chapter, he shall not be allowed to rely on a '^^*®°°''^-
set-off or counter-claim, or on the defence of infancy,
coverture, fraud, limitation, or discharge under Ordinance
No. 44 (Bankruptcy), unless he has given, within four
days after appearance, notice to the plaintiff, stating
the grounds and particulars upon which he relies.
2 2 3 . When a plaintiff indorses the writ of summons Pleadings not
with a statement that, if the defendant appears, he except^' b^y""^^
intends to proceed to trial without pleadings, no pleadings °''<i«'^-
shall be required or deliA^ered, except by order of the
Judge made under section 220.

Chapter X.
JOINDER OF CAUSES OF ACTION.
224.—(1) Subject to the following sections of this AH causes of
Chapter the plaintiff may unite in the same action several joined.™"^'*'
causes of action.
Vol. II. 25A
388
A.D. 1 9 0 7 .
Ss.; 226-228.
CIVIL PROCEDURE CODE.

(2) If it appears to the Court or a Judge that any such

causes of action cannot be conveniently tried or disposed
of together, the Court'or Judge may order separate trials
of any of such causes of action to be had, or may make
such other order as is necessary or expedient, for the
separate disposal thereof.
Recovery of 225.—(1) No cause of action shall, unless by leave of
Immoveable
property. the Court or a Judge, be joined Avith an action for the
recovery of immoveable property, except claims in respect
of mesne profits, or arrears of rent, or double value in
respect of the premises claimed, or any part thereof, and
damages for breach of contract under which the same or
any part thereof are held, or for any Avrong or injury to
the premises claimed.
(2) Nothing in this Chapter shall prevent any
plaintiff, in an action for foreclosure or redemption,
from asking for or obtaining an order against the defen-
dant for delivery of the possession of the mortgaged
property to the plaintiff, on or after the order absolute for
foreclosure or redemption, as the case may be, and such
an action for foreclosure or redemption and for such •
delivery of possession shall not be deemed an action for the
recovery of immoveable property Avithin the meaning of
this Code.
(3) In case any mortgaged security is foreclosed by
reason of the default to redeem by 'any plaintiff in a
redemption action, the defendant in whose favour such
foreclosure has taken place may, by motion or summons,
apply to the Court or a Judge for an order for delivery
to him of possession of the mortgaged property, and such
order may be made thereupon as the justice of the case
requires.
Claims hy 2 2 6 . Claims by an Official Assignee, as such, shall not,
OfBcial
Assignee. unless by leave of the Court or a Judge, be joined with
any claim by him in any other capacity.
Husband and 2 2 7 . Claims by or against husband and wife may be
wife.
joined with claims by or against either of them separately.
Executor and 2 2 8 . Claims by or against an executor or administra-
a minis ra or. j.^^,^ ^^ such, may "be joiucd Avith claims by or against him
personally, provided the last mentioned claims are alleged
 . 389
A.D. 1 9 0 7 .
Ss. 229-233.
CIVIL PROCEDURE CODE.

to arise with reference to the estate in respect of which

the plaintiff or defendant sues or is sued as executor or
administrator.
229. Claims by plaintiffs jointly may be joined with claims by
claims by them or any of them separately against the same jj'Jaintiffs.
defendant.
230. Sections 227 to 229 shall be subject to sections Proviso.
224, 231 and 232.

231. Any defendant, alleging that the plaintiff has Remedy for
united in the same action several causes of action which ™'^J°^'^ ^^•
cannot be conveniently disposed of together, may at any
time apply to the Court or a Judge for an order confining
the action to such of the causes of action as can be
conveniently disposed of together.

232. If, on the hearing of such application under order for

section 231, it appears to the Court or a Judge that the exclusion.
Causes of, action are such as cannot all be conveniently
disposed of together, the Court or Judge may order any
such causes of action to be excluded, and consequential
amendments to be made, and may make such order as to
costs as is just.

Consolidation.
233.—(1) TAVO or more actions may be consolidated by consolidation
order of a Judge, when such a course is necessary or °^ actions.
advisable.
(2) The application shall be by summons made in one procedure.
action, that such action may be consolidated with some
other action, and be thenceforward carried on in such
other action alone, and shall provide for any necessary
amendments being made in the title of such other action.
(3) Upon an order for consolidation being made, the
file of proceedings shall be transferred to and added to the
file of the action in Avhich the proceedings are to tie
continued, but a copy of the order for the consolidation
shall be left in the place of the file so. transferred, and a
memorandum of the transfer shall be entered in the Cause '
Book against the action so transferred.
390
A.D. 1 9 0 7 .
Ss. 234-237.
CIVIL PROCEDURE CODE.

Chapter XI.
PLEADINGS.
Generally.
Rules as to •234. The following rules of pleading shall be observed
pleadings.
in the Supreme Court,
Delivery of 235.—(1) The plaintiff shall deliver to the defendant
pleadings.
a statement of his claim, and of the relief or the remedy
to which he claims to be entitled.
(2) The defendant shall deliver to the plaintiff his
defence, set-off, or counterclaim, if any, and the plaintiff
shall deliver his reply, if any, to such defence, set-off, or
counterclaim.
(3) Such statement shall be as brief as the nature of the
case will admit, and the Registrar, in adjusting the costs
of the action, shall at the instance of any party, or may
without any request, inquire into any unnecessary
prolixity, and order the costs occasioned by such prolixity
to be borne by the party chargeable with the same.
Set-off and
counterclaim.
236.—(1) A defendant in an action may set-off, or set
up, by way of counterclaim against the claims of the
plaintiff, any right or claim, whether such set-off or
counterclaim sounds in damages or not, and such set-off
or counterclaim shall have the same effect as a cross action,
so as to enable the Court to pronounce a final judgment
in the same action, both on the original and on the cross
claim.
(2) The Court or a Judge may, on the application of
the plaintiff before trial, if in the opinion of the Court
or Judge such set-off or counterclaim cannot be con-
veniently disposed of in the pending action, or ought not
to be allowed, refuse permission to the defendant to avail
himself thereof.
Pleading to 237.—(1) Every pleading shall contain, and contain
state material i , , j.- £ r^i j . - i j ? i
facts, and not ouly, a Statement m a summary form ot the material facts
evidence. QU which the party pleading relies for his claim or defence,
as the case may be, but not the evidence by which they
ar*e to be proved, and shall, when necessary, be divided
into paragraphs, numbered consecutively.
 391
AD. 1 9 0 7 .
Ss. 238-241.
CIVIL PROCEDURE CODE.

(2) Dates, sums, and numbers shall be expressed in

figures and not in words.
(3) It shall be signed by the solicitor, or by the party
if he sues or defends in person.

238.—(1) The forms in schedule A when applicable, ^^°™? f

and, where they are not applicable, forms of the like '^ ^"^ ™°'"
character, as near as may be, shall be used for all
pleadings.
(2) Where such forms are applicable and sufficient, any
longer forms shall be deemed prolix, and the costs
occasioned by such prolixity shall be disallowed to or
borne by the party so using the same, as the case may be.

239.—(1) In all cases in which the party pleading Particulars to

relies on any misrepresentation, fraud, breach of trust, wlSr"
wilful default, or undue influence, and in all other cases necessary.
in which particulars are necessary beyond such as are
exemplified in the forms aforesaid, particulars, with dates
and items, if necessary, shall be stated in the pleading.
(2) If the particulars are of debt, expenses, or damages,
and exceed three folios, the fact must be so stated, with
a reference to full particulars already delivered or to be
delivered with the pleading.

2 4 0 . A further and better statement of the nature of Further and

. the claim or defence, or further and better particulars of gtttement of
any matter stated in any pleading, notice, or written pro- particulars.
ceeding requiring particulars, may in all cases be ordered,
upon such terms, as to costs and otherwise, as are just.

241.—(1) The party at whose instance particulars order for

have been delivered under a Judge's order shall, unless wlhen'^asTayof
the order otherwise provides, have the same length of time proceedings.
for pleading after the delivery of the particulars that he
had at the return of the summons.
(2) Save as in this section provided, an order for
particulars shall not, unless the order otherwise provides,
operate as a stay of proceedings, or give any extension
of time.
392
A.D. 1 9 0 7 .
Ss. 242-246.
CIVIL PROCEDURE CODE.

242.—(1) Every pleading or other document required

to be delivered to a party, or between parties, shall be
deliA^ered in the manner now in use to the solicitor of
every party who appears by a solicitor, or to the party
if he does not appear by a solicitor.
(2) If no ap]iearance has been entered for any party,
then such pleading or document shall be delivered by
being filed in the Registry.
243. Every pleading shall be delivered between
parties, and shall be marked on the face with the date of
the day on Avhich it is delivered, the reference to the
number of the action, the title of the action, and the
description of the pleading, and shall be indorsed with the
name and place of business of the solicitor delivering the
same, or the name and address of the party delivering the
same, if he does not act by a solicitor.
244. Every allegation of fact in any pleading, not
being a petition or summons, if not denied specifically, or
by necessary implication, or stated to be not admitted in
the pleading of the opposite party, shall be taken to be
admitted, except as against an infant, lunatic, or person
of unsound mind not so found by inquisition.
245.—(1) Any condition precedent, the performance
or occurrence of which is intended to be contested, shall
be distinctly specified in his pleading by the plaintiff or
defendant, as the case may be.
(2) Subject thereto, an averment of the performance or
occurrence of all conditions precedent necessary for the
case of the plaintiff or defendant shall be implied in his
pleading.
2 4 6 . The defendant or plaintiff, as the case may be,
must raise by his pleading all matters which show the
action or counterclaim not to be maintainable, or that the
transaction is either void or voidable in point of law, and
all such grounds of defence or reply, as the case may be,
as if not raised Avould be likely to take the opposite party
by surprise, or would raise issues of fact not arising out
of the preceding pleadings, as, for instance, fraud, limita-
tion, release, payment, performance, facts showing
illegality either by Statute or common law, or Statute of
Frauds.
 393
A.D. 1 9 0 7 .
Ss. 247-251.
CIVIL PROCEDURE CODE.

247. No pleading, not being a petition or summons, i>eparture.

shall, except by way of amendment, raise any neAv ground
of claim or contain any allegation of fact inconsistent
with the previous pleadings of the party pleading the
same.
248. It shall not be sufficient for a defendant in his Denial to be
statement of defence to deny generally the grounds ^^^'^' "'
alleged by the statement of claim, or for a plaintiff in his
reply to deny generally the grounds alleged in a defence
by way of counterclaim, but each party must deal speci-
fically Avith each allegation of fact of which he does not
admit the truth, except damages.

249.—(1) Subject to section 248, the .plaintiff by his Joinder of

reply may join issue upon the defence, and each party, '°^'^^'
in his pleading, if any, subsequent to reply, may join issue
upon the previous pleading.
(2) Such joinder of issue shall operate as a denial of
every material allegation of fact in the pleading upon
which issue is joined, but it may except any facts which
the party is Avilling to admit, and shall then operate
as a denial of the facts not so admitted.

250.—(1) When a party in any pleadings denies an Evasive

allegation of fact in the previous pleading of the opposite '^''^^^'•
party, he must not do so evasively, but answer the point
of substance.
(2) Thus, if it is alleged that he received a certain sum
of money, it shall not be sufficient to deny that he received
that particular amount, but he must deny that he received
that sum or any part thereof, or else set out how much he
received.
(3) And, if an allegation is made with divers circum-
stances, it shall not be sufficient to deny it along with
those circumstances.

2 5 1 . When a contract, promise, or agreement is Denial of

alleged in any pleading, a bare denial of the same by the <^°^^'-'^<^^
opposite party shall be construed only as a denial in fact
of the express contract, promise, or agreement alleged, or
of the matters of fact from which the same may be implied
by law, and not as a denial of the legality, or sufficiency
394
A.D. 1 9 0 7 .
Ss. 252-257.
CIVIL PROCEDURE CODE.
in law, of such contract, promise, or agreement, Avhether
with reference to the Statute of F r a u d s or otherAvise.
Effect of 252. Whenever the contents of any document a r e
documents to
be stated. material, it shall be sufficient in a n y pleading to state the
effect thereof as briefly as possible, without setting out
the whole or any p a r t thereof, unless the precise words of
the document or any p a r t thereof a r e material.
Malice, know- 253. Wherever it is material to allege malice, fraudu-
lodge, etc.
lent intention, knowledge, or other condition of the mind
of any person, it shall be sufficient to allege the same as
a fact, without setting out the circumstances from which
the same is to be inferred.

Notice. 2 5 4 . Wherever it is material to allege notice to a n y

person of any fact, matter, or thing, it shall be sufficient
to allege such notice as a fact, unless the form or the
precise terms of such notice, or the circumstances from
which such notice is to be inferred, is or are material.

Implied 255.—(1) Whenever any contract or any relation

contract or between any person is to be implied from a series of letters
relation.
or conversations, or otherwise from a number of circum-
stances, it shall be sufficient to allege such contract or
relation as a fact, and to refer generally to such letters,
conversations, or circumstances, without setting them out
in detail.
(2) If in such case the person so pleading desires to rely
in the alternative upon more contracts or relations than
one as to be imjDlied from such circumstances, he may
state the same in the alternative.

Presumptions 256. Neither party need in any pleading allege any

of law. matter of fact which the law presumes in his favour, or
as to which the burden of proof lies upon the other side,
unless the same has first been specially denied, e.g.,
consideration for a bill of exchange where the plaintiff
sues only on the bill, a n d not for the consideration as a
substantive ground of claim.

Technical 257. No technical objection shall be raised to any

objections. pleading on the ground of a n y alleged want of form.
 395
A.D. 1 9 0 7 .
Ss. 258-262.
,, C I V I L P R O C E D U R E CODE.

2 5 8 . The Court or a Judge may, at any stage of the p*;^^;"^,""'

proceedings, order to be struck out or amended any matter
in any indorsement or pleading which is unnecessary
or scandalous, or which tends to prejudice, embarrass,
or delay the fair trial of the action; and may in any such
case, if it or he thinks fit, order the costs of the applica-
tion to be paid as between solicitor and client.

Statement of Claim.
259.—(1) Where the writ is specially indorsed under fj^f^^"'""' °*
section 54, no further statement of claim shall be delivered
but the indorsement on the writ shall be deemed to be the
statement of claim.
(2) Where the plaintiff has endorsed his writ for trial
Avithout pleadings under section 218, no statement of
claim shall be delivered unless the same is ordered under
section 220.
(3) In all other cases where the defendant has appeared,
and, in cases coming within section 204, where the defen-
dant has not appeared, the plaintiff shall, within three
weeks from the time of the defendant's entering his
appearance, or, in cases where the defendant has not
appeared, from the time limited for his appearance,
deliver to the defendant a statement of his claim and of
the relief or remedy to which he claims to be entitled.
2 6 0 . Whenever a statement of claim is delivered, the p^a'™ beyond
plaintiff may therein alter, modify, or extend his claim
without any amendment of the indorsement of the writ,
but otherwise such alteration can only be made by amend-
ment of the indorsement of the writ.
261.—(1) Every statement of claim shall state specific- Relief to be
ally the relief which the plaintiff claims, either simply airted.'"'^^'^
or in the alternative, and it shall not be necessary to ask
for general or other relief, which may always be given,
as the Court or a Judge thinks just, to the same extent
as if it had been asked for.
(2) The same rule shall apply to any counterclaim made,
or relief claimed, by the defendant in his defence.
262.—(1) Where the plaintiff seeks relief in respect Reiieffounded
of several distinct claims or causes of complaint founded "'^ f-eparate
••- grounds.
396
A.D. 1 9 0 7 .
Ss. 263-268.
CIVIL P R O C E D U R E CODE.

upon separate and distinct grounds, they shall be stated,

as far as may be, separately and distinctly.
(2) The same rule shall apply Avhere the defendant
relies upon several distinct grounds of defence, set-off, or
counterclaim, founded upon separate and distinct facts.

263. I n every case in which the cause of action is a

stated or settled account, the same shall be alleged with
particulars, but in every case in which a statement of
account is relied on by way of evidence or admission of
any other cause of action which is pleaded, the same shall
not be alleged in the pleadings.

Defence and Counterclaim.

264. In actions for a debt or liquidated demand in
money comprised in section 54, a mere denial of the debt
shall be inadmissible.

265. In actions upon bills of exchange, promissory

notes, or cheques, a defence in denial must deny some
matter of fact, e.g., the drawing, making, indorsing,
accepting, presenting, or notice of dishonour of the bill
or note.

266. I n actions comprised in section 54 (1) (a) and

(&), a defence in denial must deny such matters of
fact, from Avhich the liability of the defendant is alleged
to arise, as are disputed; e.g., in actions for goods bar-
gained and sold, or sold and delivered, the defence must
deny the order or contract, the delivery, or the amount
claimed; in an action for money had and received, it must
deny the receipt of the money, or the existence of those
facts which are alleged to make such receipt by the defen-
dant a receipt to the use of the plaintiff.

fleading to 267. No denial or defence shall be necessary as to

lamage.
damages claimed or their amount; but they shall be deemed
to be p u t in issue in all cases, unless expressly admitted.

[ersonsin 2 6 8 . If either party wishes to deny the right of any

^pacUy,''^^^ other party to claim as executor, or as trustee whether
in bankruptcy or otherwise, or in any representative or
 397
A.D. 1 9 0 7 .
Ss. 269-274.
CIVIL PROCEDURE CODE.

•other alleged capacity, or the alleged constitution of any

partnership firm, he shall deny the same specifically.

269. Where a statement of claim is delivered to a Jj^^^^'^f

defendant, he shall deliver his defence within sixteen days dltencl °
from the delivery of the statement of claim, unless such
time is extended by the Court or a Judge.

270. Where a defendant has appeared to a writ of peiiveryof

• 1-1 • 1 1 • I- ,< 1 1 1 1 defence to
summons specially indorsed under section 54, he shall a specially
deliver his defence within ten days from the time limited ^^^°^^'^^ ^"'•
for appearance, unless such time is extended by the Court
or a Judge, or unless in the meantime the plaintiff has
served a summons for judgment under section 208.
*
271. Where leave has been, given to a defendant to where leave
defend under Chapter IX. he shall deliver his defence, if to^^™-!
f-any, within such time as is limited by the order
giving him leave to defend, or, if no time is thereby
limited, then within eight days after the order.
272. Where the Court or a Judge is of opinion Admissions.
that any allegations of fact denied or not admitted by the
defence ought to have been admitted, the Court or Judge
may make such order as is just with respect to any
extra costs occasioned by their having been denied or not
admitted.

273. Where any defendant seeks to rely upon any Set-offand

1 .. • T i_ e i 1 - 1 1 1 1 ' counterclaim,
grounds as supporting a right ot counterclaim, he shall in
his statement of defence state specifically that he does so
by way of counterclaim.
274. Where a defendant by his defence sets up any Title of
counterclaim Avhich raises questions between himself and '"'""'^rciaim.
the plaintiff along with any other persons, he shall add
to the title of his defence a further title similar to the
title in a statement of claim, setting forth the names of all
the persons who, if such counterclaim Avere to be enforced
by cross action, would be defendants to such cross action,
a^id shall deliver his statement of defence to such of them
as are parties to the action Avithin the period within Avhich
he is required to deliver it to the plaintiff.
 398
A.D. 1 9 0 7 .
Ss. 275-281.

CIVIL PROCEDURE CODE.

Claim against
person not a 2 7 5 . Where any such person as in section 274 men-
party. tioned is not a party to the action, he shall be summoned
to appear by being served with a copy of the defence, and
such service shall be regulated by the same rules as are
hereinbefore contained Avith respect to the service of the
writ or summons, and every defence so served shall be
indorsed in the form in schedule yl, or to the like effect.

Appearance
by third 2 7 6 . Any person, not originally a party to the action,
parties. who is served Avith a defence and counterclaim as afore-
said, must apjiear thereto as if he had been served with
a writ of summons to appear in an action.

Reply to 2 7 7 , Any person named in a defence as a party to a

conn eic aim. Qouuterclaim thereby made may deliver a reply within
the time within Avhich he might deliver a defence if it
was a statement of claim.
Exclusion of
counterclaim. 278. Where a defendant sets up a counterclaim, if the
plaintiff, or any other person named in manner aforesaid
as party to such counterclaim, contends that the claim
thereby raised ought not to be disposed of by way of
counterclaim, but in an independent action, he may, at
any time before reply, apply to the Court or a Judge for
an order that such counterclaim may be excluded, and
the Court or Judge may, on the hearing of such applica-
tion, make such order as is just.

Dlsoontinu- 279. If, in any case in which the defendant sets up a

counterclaim, the action of the plaintiff is stayed,
discontinued, or dismissed, the counterclaim may never-
theless be proceeded with.

baiin"e™' ^'^^ 2 8 0 . Whcrc ill any action a set-off or counterclaim is

established as a defence against the plaintiff's claim, the
Court or a Judge may, if the balance is in favour of the
defendant, give judgment for the defendant for such
balance, or may otherwise adjudge to the defendant such
relief as he is entitled to upon the merits of the case.

Plea In 2 8 1 . No plea or defence shall be pleaded in abate-

abatement.
ment.
 399
A.D. 1 9 0 7 .
Ss. 282-286.
/ CIVIL PROCEDURE CODE.

282.—(1) No defendant, in an action for the recovery Piea of

of immoveable property, who is in possession by himself P°^^'^^'''°°-
or his tenant, need plead his title, unless his defence
depends on an equitable estate or right, or he claims relief
upon any equitable ground against any right or title
asserted by the plaintiff.
(2) Except in the cases hereinbefore mentioned, it shall
be sufficient to state, by way of defence, that he is so in
possession, and it shall be taken to be implied in such
statement that he denies, or does not admit, the allega-
tions of fact contained in the plaintiff's statement of
claim.
(3) He may nevertheless rely upon any ground of
defence which he can prove except as hereinbefore
mentioned.

Special Defence.
283. With a defence setting up a tender before action. Defence of
the sum of mono}'' alleged to have been tendered must be actiom
brought into Court.

284. Where an action is brought to recover a debt or Payment into

damages, an}^ defendant may, before or at the time of saSaction of
delivering his defence, or at any later time by leave of the oiaim or with
Court or a Judge, pay into Court a sum of money by way iiXiity.
of satisfaction, which shall be taken to admit the claim or
cause of action in respect of which the payment is made;
or he may, with a defence denying liability, pay money
into Court which shall be subject to section 288.

2 8 5 . Payment into Court shall be signified in the state- Pleading ot

ment of defence, and the claim or cause of action in ^o^rt®""*'"*"
satisfaction of which such payment is made shall be
specified therein.

286.—(1) If the defendant pays money into Court Payment into

before filing his statement of defence, he shall serve on ^^^^^
the plaintiff a notice in writing, specifying both the fact defence.
that he has paid in such money, and also the claim or
cause of action in respect of which such payment has been
made.
400
A.D. 1 9 0 7 .
Ss. 287 & 288.
CIVIL PROCEDURE CODE.

(2) Such notice shall be in the form in schedule ^ , with

such variations as circumstances require.
Payment of 2 8 7 . In the followiug cascs of payment into Court
to°praintiTin uudcr this Chapter : —
(a) whenpayment into Court is made before the filing
of the statement of defence;
(6) when the liability of the defendant, in respect of
the claim or cause of action in satisfaction of
which the payment into Court has been made,
is not denied in the statement of defence; and
(c) when payment into Court is made with a defence
setting up a tender of the sum paid,
the money paid into Court shall be paid out to the plain-
tiff on his request, or to his solicitor on the plaintiff's
written authority, unless the Court or a Judge otherwise
orders.
Procedure 288.—(1) Whcu the liability of the defendant, in
menunto' rcspcct of the claim or cause of action in satisfaction^of
Court is made which the payment into Court has been made, is denied
defLdant-s" in the statement of defence, the following subsections
liability. shall apply.
(2) The plaintiff may accept, in satisfaction of the
claim or cause of action in respect of which the payment
into Court has been made, the sum so paid in, in which
case he shall be entitled to have the money paid out to
him' as hereinafter provided, notwithstanding the
defendant's denial of liability, whereupon all further
proceedings in respect of such claim or cause of action,
except as to costs, shall be stayed; or the plaintiff may
refuse to accept the money in satisfaction, in which case
the money shall remain in Court, subject to the provisions
hereinafter contained.
(3) If the plaintiff accepts the sum so paid in, he shall,
after service on the defendant of such notice in writing,
in the form in schedule .4, as is in section 289 mentioned,
or after delivery of a reply accepting the money, be
*• entitle.d to have the money paid out to himself on request,
or to his solicitor on the plaintiff's written authority,
unless the Court or a Judge otherwise orders.
(4) If the plaintiff does not accept, in satisfaction of
the claim or cau.se' of action in respect of which the
 401
A.D. 1 9 0 7 .
Ss. 289-291.
CIVIL PROCEDURE CODE.

payment into Court has been made, the sum so paid in, but '
proceeds with the action in respect of such claim or cause
of action, or any part thereof, the money shall remain in
Court, and be subject to the order of the Court, and shall
not be paid out of Court, except in pursuance of an
order.
(5) If the plaintiff proceeds with the action in respect
of such claim or cause of action, or any part thereof, and
recovers less than the amount paid into Court, the amount
paid in shall be applied so far as is necessary in satis-
faction of the plaintiff's claim, and the balance, if any,
shall, under such order, be repaid to the defendant.
(6) If the defendant succeeds in respect of such claim
or cause of action, the whole sum paid in shall, under
such order, be repaid to him.

289. The plaintiff, when payment into Court is made f^j^^P*jJ7jj°o

before delivery of defence,, may, within four days after c"o™rtbeforV
the receipt of notice of such payment, or when such pay- defence.
ment is first signified in the statement of defence, may,
before reply, or, where no reply is ordered, within ten
days from delivery of defence or the last of the defences,
accept, in satisfaction of the claim or cause of action in
respect of which such payment has been made, the sum so
paid in, in which case he shall give notice to the defendant
in the form in schedule A, and shall be at libert}/-, in case
the entire claim or cause of action is thereby satisfied, to
tax his costs after the expiration of four days from the
service of such notice, unless the Court or a Judge other-
wise orders, and in case of non-payment of the costs
within forty-eight hours after such taxation, to sign
judgment for his costs so taxed.

290. Where money is paid into Court in two or more g^^™^^* ™*°
actions which are consolidated, and the plaintiff pro- consoUdated
ceeds to trial in one, and fails, the money paid in and action.^
the costs in all the actions shall be dealt with under this
Chapter in the same manner as in the action tried.
• ^

291. A plaintiff may, in answer to a counterclaim, ^j°V^*"'-

pay money into Court in satisfaction thereof, subject to
the like conditions as to costs and otherwise as upon pay-
ment into Court by a defendant.
Vol. I I . 26
 402 .
AD. 1 9 0 7 .
Ss. 292-296.
CrVIL PROCEDURE CODE.

Money paid 292.—(1) Money paid into Court under an order of

Into Court.
the Court or a Judge, or certificate of the Registrar, shall
not be paid out of Court, except in pursuance of an order
of the Court or a Judge.
(2) Where before the delivery of defence money has
been paid into Court by the defendant pursuant to an
order under Chapter IX., he may, unless the Court or a
Judge otherwise orders, by his pleading appropriate the
whole or any part of such money, and any additional pay-
ment, if necessary, to the whole or any specified portion
of the plaintiff's claim.
(3) The money so appropriated shall be deemed to be
money paid into Court pursuant to the preceding sections
of this Chapter relating to money paid into Court, and
shall be subject in all respects thereto.

Reply and Subsequent Pleadings.

Leave to jdM 2 9 3 No rcplv shall be delivered unless the same is
deliver a I , , , T
reply. Ordered by ^ JTK
Reply within 2 9 4 . A plaintiff shall deliver his reply, if ordered,
ten days.
within the time specified in the order, or, if no time is so
specified, within ten days after the defence, or the last of
the defences, has been delivered, unless the time is ex-
tended by the Court or a Judge.

Pleading by
leave after
295.—(1) No pleading subsequent to reply other than
reply. a joinder of issue shall be pleaded without leave of the
Court or a Judge, and then shall be pleaded only upon
such terms as the Court or Judge thinks fit.
(2) Every pleading subsequent to reply shall be
delivered within the tinTe specified in the order giAdng
leave to deliver the same, or, if no time is so specified,
within four days after the delivery of the previous plead-
ing, unless the time is extended by a Court or a Judge.

Matters Arising Pending the Action.

Before 296.—(1) Any ground of defence which has arisen
statement ot
defence. after action brought, but before the defendant has
delivered his statement of defence, and before the time
limited for his doing so has expired, may be raised by
 * . 403
A.D. 1 9 0 7 .
Ss. 297-300.
CIVIL PROCEDURE CODE.

the defendant in his statement of defence, either alone or

together with other grounds of defence.
(2) If, after a statement of defence has been delivered,
any ground of defence arises to any set-off or counter-
claim alleged therein by the defendant, it may be raised
by the plaintiff in his reply, either alone or together with
any other ground of reply.
2 9 7 . Where any ground of defence arises, after the further
defendant has delivered a statement of defence, or after rlpiy."^"^ °^
the time limited for his doing so has expired, the
defendant may, and, where any ground of defence to any
set-off or counterclaim arises after reply, or after the
time limited for delivering a reply has expired, the
plaintiff may, within eight days after such ground of
defence has arisen, or at any subsequent time by leave of
the Court or a Judge, deliver a further defence or further
reply, as the case may be, setting forth the same.

2 9 8 . Whenever an}^ defendant, in his statement of confession of

defence, or in any further statement of defence as in ^' ^*®"'=^-
section 297 mentioned, alleges any ground of defence
which has arisen after the commencement of the action,
the plaintiff may deliver a confession of such defence,
which confession may be in the form in schedule A, and
may thereupon sign judgment for his costs up to the time
of pleading such defence, unless the Court or a Judge
either before or after the delivery of such confession,
otherwise orders.

Chapter X I I .
AMENDMENT.
2 9 9 . The Court or a Judge may, at any stage of the Amendment
proceedings, allow either party to alter or to amend his ofindorse-
indorsement or pleadings in such manner and on such
terms as are just, and all such amendments shall be made
as are necessary for the purpose of determining the real
questions in controversy between the parties.
3 0 0 . The plaintiff may without any leave amend his piaintifCmay
statement of claim, whether indorsed on the writ or not, ^.t"*^,
. -IO 1 • • P I • T - - 1 Without
once at any time before the expiration ot the time limited leave.
Vol. II. 26A
404
A.D. 1 9 0 7 .
Ss. 301-305.
CIVIL PROCEDURE CODE.

for reply and before replying, or, where no defence is

delivered, at any time before the expiration of four
weeks from the appearance of the defendant who has
last appeared, or, where defence is delivered but no
order for reply is made, within ten days from delivery of
the defence or the last of the defences.

dlf^'eu'drnt 3 0 1 . A defendant who has set up any counterclaim or

may amend sct-off may, without auy leave, amend such counterclaim
orseS''™ or set-off at any time before the expiration of the time
without leave, allowcd him for answering the reply and before such
answer, or, in case there is no reply, then at any time
before the expiration of twenty-eight days from defence.
Disallowance
of amend- 302. Where any party has amended his pleading
ment, appli-
cation for,
under section 300 or 301, the opposite party may, within
within eight eight days after the delivery to him of the amended
days. pleading, apply to the Court or a Judge to disallow the
amendment or any part thereof, and the Court or Judge
may, if satisfied that the justice of the case requires it,
disallow the same, or allow it, subject to such terms as to
costs or otherwise as are just.
Where one
party has 303.—(1) Where one party has amended his plead-
amended ing under section 300 or 301, the opposite party shall
under
section 300 plead to the amended pleading, or amend his pleading
or 301. within the time he then has to plead, or within eight
days from the delivery of the amendment, whichever
last expires.
(2) In case the opposite party has pleaded before the
delivery of the amendment, and does not plead again oi
amend within the time above-mentioned, he shall be
deemed to rely on his original pleading in answer to such
amendment.

b/ieaTC.'"' 3 0 4 . In all cases not provided for in sections 299 to

303, application _ for leave to amend may be made by
either party to the Court or a Judge, or to the Judge at
the trial of the action, and such amendment may be
allowed upon such terms as to costs or otherwise as are
just.
Failure to 3 0 5 . If a party who has obtained an order for leave
oX*^"*'^ to amend does not amend accordingly within the time
 • ' . . ' 405
A.D. 1 9 0 7 .
' " Ss. 306-810.
CIVIL PROCEDURE CODE.

limited for that purpose by the order, or, if no time is

thereby limited, then within fourteen days from the date
of the order, such order to amend shall, on the expiration
of such limited time as aforesaid, or of such fourteen
days, as the case may be, become ipso facto void, unless
the time is extended by the Court or a Judge.

3 0 6 . An indorsement or pleading may be amended by ^heTt^be'^

written alterations in the copy which has been delivered, delivered.
and also in the copy filed in the Registry and by additions
on paper, to be interleaved therewith if necessary, unless
the amendments require the insertion of more than one
hundred words in any one place, or are so numerous or of
such a nature that the making them in writing would
render the document difficult or inconvenient to read, in
either of which cases the amendment must be made by
delivering and filing a copy of the document as amended.

3 0 7 . Whenever any indorsement or pleading is Date of order

amended, the same, when amended, shall be marked with* amtudmen^t
the date of the order, if any, under which the same is so to be marked.
amended, and of the day on which such amendment is
made, in manner following :—
"Amended the day of , pursuant to
order of dated the day of ."

3 0 8 . Whenever any indorsement or pleading is Delivery of

amended, such amended document shall be delivered to p^eadTngs^^*^
the opposite party within the time allowed for amending
the same.

3 0 9 . Clerical mistakes in judgments or orders, or clerical mis-

errors arising therein from any accidental slip or omis- acchientai
.sion, may at any time be corrected by the Court or a omissions. .
Judge on motion or summons without an appeal.

3 1 0 . The Court or a Judge may, at any time, and on General

such terms as to costs or otherwise as the Court or Judge amind, °
thinks just, amend any defect or error in any proceed-
ings, and all necessary amendments shall be made for the
purpose of determining the real question or issue raised
by or depending on the proceedings.
406
A.D. 1 9 0 7 .
Ss. 311-814.
CIVIL PROCEDURE CODE.

Costs. 3 1 1 . The costs of and occasioned by any amendment

made pursuant to sections 300 and 301 shall be borne by
the party making the same, unless the Court or a Judge
otherwise orders.

C h a p t e r XIII.

DEFAULT OF PLEADINGS.

Default of 312.—(1) If the plaintiff, being bound to deliver a

plaintlfi In
delivering statement of claim, does not deliver the same within the
statement of time allowed for that purpose, the defendant may, at the
claim.
expiration of that time, apply to the Court or a Judge
to dismiss the action with costs for want of prosecution.
(2) On the hearing of such application, the Court or
Judge may, if no statement of claim has been delivered,
order the action to be dismissed accordingly, or may
. make such other order on such terms as the Court or
Judge thinks just.

Claim for debt 313.—(1) If the plaintiff's claim is only for a debt
or liquidated or liquidated demand, and the defendant does not, within
demand.
the time allowed for that purpose, deliver a defence, the
plaintiff may, at the expiration of such time, enter final
judgment for the amount claimed with costs.
{2} Every statement of claim under this section shall
be indorsed with a notice of the time within which judg-
ment may be signed in default of delivery of defence.
(3) Before entering final judgment under this section
the plaintiff shall cause to be filed an affidavit of delivery
of the statement of claim, or of service of summons with
special indorsement under section 54, together with an
affidavit of default of defence.

Several 3 1 4 . When in any such action as in section 313

defendants— mentioned there are several defendants, if one of them
default of one.
makes default as mentioned in such section, the plaintiff
may enter final judgment against the defendant so mak-
ing default, and issue execution upon such judgment,
without prejudice to his right to proceed with his action
against the other defendants.
 407
A.D. 1 9 0 7 .
Ss. 315-318.
CIVIL PROCEDURE CODE.

315.—(1) If the plaintiff's claim is for pecuniary Damages.

damages only, of for detention of goods with or without -r., ,. ,
. .o J' . 1 I -1 P 1 n Detention of
a claim for pecuniary damages, and the detendant or all goods.
the defendants, if more than one, make default as men-
tioned in section 313, the plaintiff may enter an inter-
locutory judgment against the defendant or defendants,
and may set down the case for the assessment of the value
of the goods and the damages, or the damages only, as
the case may be.
(2) The Court or a Judge may assess the value or
damages in a summary manner, or direct the cause to be
set down for the purpose, or may direct that an inquiry
shall be held before the Registrar or other officer of the
Court, or before a special referee.

316.—(1) When, in any such action as in section 315 Default of

mentioned, there are several defendants, if one or more defendimtr
of them make default as mentioned in section 313, the
plaintiff may enter an interlocutory judgment against
the defendant or defendants so making default, and
proceed with his action against the others.
(2) In such case the value and amount of damages
against the defendant making default shall be assessed,
at the same time with the trial of the action or issues
therein, against the other defendants, unless the Court
or a Judge otherwise directs.

3 1 7 . If the plaintiff's claim is for a debt or liquidated Debtor

demand, and also for pecuniary damages only, or for det"ntion'*o'f'^
detention of goods, with or without a claim for pecuniary goo^s or
damages, and any defendant makes default as mentioned '™^ses.
in section 313, the plaintiff may enter final judgment for
the debt or the liquidated demand, and also enter inter-
locutory judgment for the value of the goods and the
damages, or the damages only, as the case may be, and
proceed as mentioned in sections 315 and 316.

3 1 8 . In an action for the recovery of immoveable Recovery of

property, if the defendant makes default as mentioned in p™o"erty.
section 313 the plaintiff may enter a judgment that the
person whose title is asserted in the writ of summons shall
recover possession of the land Avith his costs.
408
A.D. 1 9 0 7 .
Ss. 319-322.
OIVIL PROCEDURE CODE.

Claim for
mesne profits,
3 1 9 . Where the plaintiff has indorsed a claim for
arrears of mesne profits, arrears of rent, or double value in respect
rent or of the premises claimed, or any part of them, or damages
damages.
for breach of contract, or wrong, or injury to the premises
claimed upon a writ for the recovery of land, if the
defendant makes default as mentioned in section 313, or,
if there are more than one defendant, some or one of the
defendahts make such default, the plaintiff may enter
judgment against the defaulting defendant or defendants
and proceed as mentioned in sections 315 and 316.

Where a 320-—(1) If the plaintiff's claim is for a debt or

defence Is
delivered to liquidated demand, or for pecuniary damages only, or for
part of claim detention of goods, with or without a claim for pecuniary
only.
damages, or for any of such matters, or for the recovery
of immoveable property, and the defendant delivers a
defence, which purports to offer an answer to part only
of the plaintiff's alleged cause of action, the plaintiff may,
by leave of the Court or a Judge, enter judgment, final, or
interlocutory, as the case may be, for the part unan-
SAvered; provided that the unanswered part consists of a
separate cause of action, or is severable from the rest, as
in the case of part of a debt or a liquidated demand.
(2) Where there is a counterclaim, execution on any
such judgment as above mentioned in respect of the
plaintiff's claim shall not issue without leave of the Court
or a Judge.
Defendant In 321. In all other actions than those in the preceding
default.
sections, of this Chapter mentioned, if the defendant
makes default in delivering a defence, the plaintiff may
set down the action on motion for judgment; and such
judgment shall be given as, upon the statement of claim,
the Court or a Judge considers the plaintiff to be entitled
to.
<)ne of 322. Where, in any such action as mentioned in
several
defendants section 321 there are several defendants, then, if one of
in default. such defendants makes such default as aforesaid, the
plaintiff may either, if the cause of action is severable,
set down the action at once on motion for judgment
against the defendant so making default, or may set it
down against him at the time when it is entered for
trial or set down on motion for judgment against the
other defendants.
 409
A.D. 1 9 0 7 .
Ss. 323-328.
CIVIL PROCEDURE CODE.

3 2 3 . If the plaintiff does not deliver a reply, or any p|g^^^°gs

party does not deliver any subsequent pleading within on default.
the period allowed for that purpose, the pleadings shall
be deemed to be closed at the expiration of that period, *
and all the material statements of fact in the pleading
last delivered shall be deemed to have been denied and
put in issue.
324.—(1) In any case in which any issues arise in an Default of
action other than between plaintiff and defendant, if any * ^^ ^^^'^^''
party to any such issue makes default in delivering any
pleading, the opposite party may apply to the Court or a
Judge for such judgment, if any, as upon the pleadings
he appears to be entitled to.
(2) The Court or Judge may order judgment to be
entered accordingly, or may make such other order as is
necessary to do complete justice between the parties.
3 2 5 . Any judgment by default under this Code may setting aside
be set aside by the Court or a Judge, upon such terms as deffuT.'^ ^
to costs or otherwise as such Court or Judge thinks fit,
and where an action has been set down on motion or
judgment under section 321, such setting down may be
dealt with by the Court or a Judge in the same manner
as if judgment by default had been signed when the
case was set down.

Chapter XIV.
PROCEEDINGS IN LIEU OF DEMURRER.
3 2 6 . No demurrer shall be allowed. Demurrer
abolished.
327.—(1) Any party shall be entitled to raise by his Points of law
pleading any point of law, and any point so raised shall "y pkadi'ng^s!
be disposed of by the Judge who tries the cause at or
after the trial.
(2) By consent of the parties, or by order of the Court
or a Judge on the application of either party, the same
may be set down for hearing and disposed of at any
time before the trial.
3 2 8 . If, in the opinion of the Court or a Judge, the Dismissal of
decision- of such point of law substantially disposes of '*"*'°°'
410
A.D. 1 9 0 7 .
Ss. 329-331.
CIVIL PROCEDURE CODE.

the whole action, or of any distinct cause of action,

ground of defence, set-off, counterclaim, or reply therein,
the Court or Judge may thereupon dismiss the action, or
make such order therein as is just.
Striking out 3 2 9 . The Court or a Judge may order any pleading
pleading
where no to be struck out on the ground that it discloses no reason-
reasonable able cause of action or answer, and in any such case, or
cause of
action in case of the action or defence being shown by the plead-
disclosed. ings to be frivolous or vexatious, the Court or a Judge
may order the action to be stayed or dismissed, or judg-
ment to be entered accordingly, as is just.

Declaratory
j udgment.
3 3 0 . No action or proceeding shall be open to objection
on the ground that a merely declaratory judgment or
order is sought thereby, and the Court may make binding
declarations of right, whether any consequential relief is
or could be claimed or not.

Chapter XV.
DISCONTINUANCE.
Plaintiff may
discontinue
331.—(1) The plaintiff may, at any time before receipt
before of the defendant's defence, or, after the receipt thereof,
defence. before taking any other proceeding in the action, save
any interlocutory application, by notice in writing wholly
discontinue the action against all or any of the defen-
dants, or withdraw any part or parts of his Alleged
cause of complaint, and thereupon he shall pay such
defendant's costs of the action, or if the action is not
wholly discontinued, the costs occasioned by the matter
so withdrawn.
(2) Such costs shall be taxed, and such discontinuance
or withdrawal, as the case may be, shall not be a defence
to any subsequent action..
(3) Save as in this section otherwise provided, it shall
not be competent for the plaintiff to withdraw the
record, or discontinue the action, without leave of the
Court or a Judge, but the Court or a Judge may, before
or at or after the hearing or trial, upon such terms as to
 411
: ' '. A.D. 1 9 0 7 .
Ss. 332-335.
CIVIL PROCEDURE CODE. •

costs, and as to any other action, and otherwise, as is

just, order the. action to be discontinued, or any part of
the alleged cause of complaint to be struck out.
(4) The Court or a Judge may, ifi like manner and TheCourt
with the like discretion as to terms, upon the application defendant to
of a defendant order the whole or any part of his alleged discontinue.
grounds of defence or counterclaim to be withdrawn, or
struck out, but it shall not be competent to a defendant
to withdraw his defence or part thereof without such
leave.
•
332. When a cause has been entered for trial it may withdrawal
be withdrawn by either plaintiff or defendant upon pro- by consent.
ducing to the Registrar a consent in Avriting signed by
the parties.
333. Any defendant may enter judgment for the Entering
costs of the action if it is wholly discontinued against discoSinu""
him, or for the costs occasioned by the matter withdrawn ance.
if the action is not wholly discontinued, in case such
respective costs are not paid within four days after
taxation.
334. If any subsequent action is brought before stayingaction
payment of the costs of a discontinued action, for the paid.''™''
same, or substantially the same, cause of action, the Court
or a Judge may order a stay of such subsequent action,
until such costs have been paid.

Chapter X V I .
DISCOVERY AND INSPECTION.
335.—(1) (a) The plaintiff may, at the time of deliver- P^'J=^°^Y ^^
ing his statement of claim, or at any subsequent time, not toryr°^*
later than the clos6 of the pleadings;
(b) a defendant may, at the time of delivering his
defence, or at any subsequent time not later than the
close of the pleadings, without any order for that
purpose; and
(c) either party may, at any time, by leave of the
Court or a Judge,
deliver interrogatories in writing for the examination of
412
A.D. 1 9 0 7 .
Ss. 336-339.
CIVIL PROCEDURE CODE.

the opposite party or parties, or 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.
(2) No party shall deliver more than one set of inter-
rogatories to the same party, without an order for that
purpose.
(3) Interrogatories which do not relate to any matters
in question in the cause or matter shall be deemed
irrelevant, notAvithstaftding that they might be admissible
as evidence in the oral cross-examination of a witness.
Costs of in- 336.—(1) In adjusting the costs of the cause or matter
terrogatories.
inquiry shall, at the instance of any party, be made into
the propriety of exhibiting such interrogatories, and, if
it is the opinion of the Registrar, or of the Court or
Judge, either with or without an application for inquiry,
that such interrogatories have been exhibited unreason-
ably, vexatiously, or at improper length, the costs occa-
sioned by the said interrogatories, and the answers
thereto, shall be paid in any event by the party in fault.
(2) Such interrogatories shall be in the form in
schedule A, with such variations as circumstances
require.
Corporations 337. If any party to a cause or matter is a body
aud
companies. corporate or a joint stock company, whether incorporated
or not, or any other body of persons empowered by law
to sue or be sued, whether in its own name or in the name
of any officer or other person, any opposite party may
apply for an order allowing him to deliver interrogatories
to any member or officer of such corporation, company
or body, and an order may be made accordingly.
Objections to 338. Any objection to answering any interrogatory,
interroga-
tories by on the ground that it is scandalous or irrelevant or not
answer. bona fide for the purpose of the cause or matter, or that
the matters inquired into are not sufficiently material at
the stage, or on any other ground, may be taken in the
affidavit in answer.
Setting aside
and striking
339.—(1) Any interrogatory may be set aside on the
out interroga- ground that it has been exhibited unreasonably or vexa-
tories. tiously, or struck out on the ground that it is prolix,
oppressive, unnecessary, or scandalous.
 ^ 413
A.D. 1 9 0 7 .
" Ss. 340-343.
CrVIL PROCEDURE CODE.

(2) Any application for this purpose may be made

within seven days after service of the interrogatories.

340.—(1) Interrogatories shall be answered by affi- AtEdavitin ^

davit, to be filed within ten days, or within such other ™''^''''' "'•'^'
time as a Judge allows.
(2) Such affidavit shall be in the form in schedule A, affidavit
'^g™ .oj. In
with such variations as circumstances require. answer.

3 4 1 . No exceptions shall be taken to any affidavit in No exceptions

answer, but the sufficiency or otherwise of any such affi- **' * *'*^^"'
davit objected to as insufficient shall be determined by .
the Court or a Judge on summons.

342.—(1) If any person interrogated omits to answer. Order to

or answers insufficiently, the party interrogating may answer'"^
apply to the Court or a Judge for an order requiring further.
him to answer, or to answer further, as the case may be.
• (2)_ An order may be made requiring him to answer,
or to answer further, either by affidavit, or by viva voce
examination, as the Judge directs.

343.—(1) Any party shall be entitled at any time to Discovery of

,- . -i- i ii i i documents,
give notice m writing to any other party to any cause or
matter requiring such party to make discovery, on oath,
of the documents which are or have been in his possession
or power relating to any matter in question therein.
(2) If such other party does not comply with such
notice within seven days after the receipt thereof, the
party giving the notice may, without filing any affidavit,
apply to the Court or a Judge for an order directing such
discovery to be made.
(3) On the hearing of such application the Court or
Judge may either refuse or adjourn the same, if satisfied
that such discovery is not necessary, or not necessary at
that stage of the cause or matter, or make such order,
either generally or limited to certain classes of docu-
ments, as may, in its or his discretion, be thought fit.
(4) Discovery shall not be ordered when and so far as
the Court or Judge is of opinion that it is not necessary
either for disposing fairly of the cause or matter or for
saving costs.
 414
A.D. 1 9 0 7 .
Ss. 344-348.
CIVIL PROCEDURE CODE.

ctoltlnts! 3 4 4 . The affidavit to be made by a party, against

whom such order as is mentioned in section 343 has been
made, shall specify which, if any, of the documents therein
mentioned he objects to produce, and it shall be in the
form in schedule A, with such variations as circumstances
require.
Production of 345.—(1) The Court or a Judge may, at any time
documents.
during the pendency of any cause or matter, order the
production by any pfrty thereto, upon oath, of such of
the documents in his possession or power relating to any
matter in question in such cause or matter as the Court
or Judge thinks right.
(2) The Court may deal with such documents, when
produced, in such manner as appears just.
Inspection of 346.—(1) Every party to a cause or matter shall be
documents
referred to In entitled at any time by notice in writing to give notice
pleadings or to any other party, in whose pleadings or affidavits refer-
atEdavIts.
ence is made to any document, to produce such document
for the inspection of the party giving such notice, or of
his solicitor, and to permit him or them to take copies
thereof.
(2) Any party not complying with such notice shall
not afterwards he at liberty to put any such document in
evidence on his behalf in such cause or matter, unless he
satisfies the Court or a Judge that such document relates
only to his own title, he being a defendant to the cause or
matter, or that he had some other cause or excuse, which
the Court or Judge deems sufficient, for not complying
with such notice, in which case the Court or Judge may
allow the same to be put in evidence, on such terms as to
costs and otherwise as the Court or Judge thinks fit.
Notice to
produce.
3 4 7 . Notice to any party to produce any documents
referred to in his pleadings or affidavits shall be in the
form in schedule A, with such variations as circum-
stances require.
Time for
inspection
348.—(1) The party to whom such notice is given
when notice shall, within two days from the receipt of such notice, if
given under all the documents therein referred to have been set forth
section 346.
by him in such affidavit as is mentioned in section 344.
or, if anv of the documents referred to in such notice have
 415
A.D. 1 9 0 7 .
S. 349 & 350.
C r v I L PROCEDURE CODE.

not been set forth by him in any such affidavit, then

within four days from the receipt of such notice, deliver
to the party giving the same a notice, stating a time
within three days from the delivery thereof, at Avhich the
documents, or such of them as he does not object to pro-
duce, may be inspected at the office of his solicitor, or, in
the case of banker's books, or by leave of the Court or a Bant and
Judge other books or accounts, or books in constant use trade books.
for the purpose of any- trade or business, at their usual
place of custody, and stating whiclf^ if any, of the docu-
ments he objects to produce, and on what ground.
(2) Such notice shall be in the form in schedule A,
with such variations as circumstances require.

349.—(1) If the party served with notice under P'/^/Jf^

section 348 omits to give such notice of a time for inspec-
tion, or objects to give inspection, or offers inspection
elsewhere than at the office of his solicitor, the Court or a '
Judge may, on the application of the party desiring it,
make an order for an inspection in such place and in
such manner as it or he thinks fit.
(2) Such order shall not be made when and so far as
the Court or Judge is of opinion that it is not necessary,
either for disposing fairly of the cause or matter, or for
sa,ving costs.
(3) Any application to inspect documents, except such as
are referred to in the pleadings, particulars, or affidavits
of the party against whom the application is made, or
disclosed in his affidavit of documents, shall be founded
upon an affidavit, showing of what documents inspection
is sought, that the party applying is entitled to inspect
them, an.d they are in the possession or power of the other
party.
(4) The Court or Judge shall not make such order for
inspection of such documents when and so far as the
Court or Judge is of opinion that it is not necessary,
either for disposing fairly of the cause or matter, or for
saving costs.

350.—(1) Where inspection of any business books is Verified

applied for, the Court or a Judge may, instead of order- '"'^'^'•
ing inspection of the original books, order a copy of any
416
A.D. 1 9 0 7 .
S.'351.
CIVIL PROCEDURE CODE.

entries therein to be furnished, and verified by the

affidavit of some person who has examined the copy with
the original entries.
(2) Such affidaAdt shall state whether or not there are
in the original book any and what erasures, interlinea-
tions, or alterations.
(3) Notwithstanding that such copy has been supplied,
the Court or a Judge may order inspection of the book
from which the copy-was made.
(4) Where, on an application for an order for an
inspection, privilege is claimed for any document, the
Court or a Judge may inspect the document, for the
purpose of deciding as to the validity of the claim of
privilege.
(5) The Court or a Judge may, on the application of
any party to a cause or matter, at any time, and whether
an affidavit of documents has or has not already been
ordered or made, make an order requiring any other
party to state by affidavit whether any one or more
specific documents, to be specified in the application, is
or are, or has or have at any time been in his possession
or power; and, if not then in his possession, when he
parted with the same, and what has become thereof.
(6) Such application shall be made on an affidavit stat-
ing that, in the belief of the deponent, the party against
whom the application is made has, or has at some time
had, in his possession or power the document or docu-
ments specified in the application, and that they relate to
the matters in question in the cause or matter, or to some
of them.

Premature 3 5 1 . If the party from whom discovery of any kind

discovery.
or inspection is sought objects to the same or any p a r t
thereof, the Court or a J u d g e may, if satisfied that the
right to the discovery or inspection sought depends on the
determination of any issue or any question in dispute in
the cause or matter, or that, for any other reason, it is
desirable that any issue or question in dispute in the
cause or matter should be determined before deciding
upon the right to the discovery or inspection, order that
such issue or question shall be determined first, and reserve
the question as to the discovery or inspection.
 417
A.D. 1 9 0 7 .
Ss. 352-356.
CIVIL PROCEDURE CODE.

352.—(1) If any party fails to comply with any order Non-compii-

to ansAver interrogatories, or for discovery or inspection oX'for''
of documents, he shall be liable to attachment. discovery.
(2) Such party shall, if a plaintiff, be liable to have
his action dismissed for Avant 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 may apply to the
Court or a Judge for an order to that effect, and an
order may be made accordingly.

353.—(1) Service of an order for interrogatories, or ^ervkeou

1. - ' . . - . ° ,. solicitor of
discovery, or inspection, made against any party on his order for
"solicitor, shall be sufficient service to found an applica- discovery.
tion for an attachment for disobedience to the order.
(2) The party against whom the application for an
attachment is made may show, in answer to the applica-
tion, that he has had no notice or knowledge of the order.
3 5 4 . Any solicitor, upon whom an order against any Attachment
party for interrogatories, or discovery, or inspection is
served under section 353, who neglects without reason-
able excuse to give notice thereof to his client, shall be
liable to attachment.

355.—(1) Any party may, at the trial of a cause, Using

matter, or issue, use in evidence any one or more of the tOTro|atorieT"
ansAvers or any part of an answer of the opposite party at trial.
to interrogatories, without putting in the others or the
whole of such answer.
(2) In such case the Judge may look at the whole of the
answers and, if he is of opinion that any others of
them are so connected with those put in that the last
mentioned answers ought not to be used without them, he
may direct them to be put in.

3 5 6 . In any action against or by a Sheriff, in respect ^'^?°J^*''y

of any matters connected with the execution of his office, sheriff,
the Court or a Judge may, on the application of either
party, order that the affidavit to be made in answer,
either to the interrogatories or to an order for discovery,
shall be made by the officer actually concerned.
Vol. II. • 27
 418
A.D. 1 9 0 7 .
Ss. 357-361.
CIVIL PROCEDURE CODE.

Chapter to
apply to
3 5 7 . This Chapter shall apply to infant plaintiffs
infants. and defendants, and to their next friends and guardians
ad litem.

Chapter XVII.
ADMISSIONS.
Notice of
admission of
3 5 8 . Any party to a cause or matter may give notice,
facts. by his pleading or otherwise in writing, that he admits
the truth of the whole or any part of the case of any
other party.
Notice to 359.—(1) Either party may call upon the other party
admit
documents. to admit any document, saving all just exceptions.
Costs of (2) In case of refusal or neglect to admit, after such
refusal or
neglect to notice, the costs of proving any such document shall be
admit. paid by the party so neglecting or refusing, whatever the
result of the cause or matter may be, unless at the trial or
hearing the Court or a Judge certifies that the refusal
to admit was reasonable.
(3) No costs of proving any document shall be
allowed, unless such notice is given, except where the
omission to give the notice is in the opinion of the Regis-
trar a saving of expense.

Form of 3 6 0 . A notice to admit documents shall be in the form

notice.
in schedule A, with such variations as circumstances
require.
Notice to 361.—(1) Any party may, by notice in writing at any
admit facte.
time not later than nine days before the day for which
notice of trial has been given, call on any other party to
admit, for the purposes of the cause, matter, or issue only,
any specific fact or facts mentioned in such notice.
Costs of (2) In case of refusal or neglect to admit the same
refusal or
neglect to within six days after service of such notice, or within
admit. such further time as is allowed by the Court or a
Judge, the-costs of proving such fact or facts shall be
paid by the party so neglecting or refusing, whatever the
result of the cause, matter, or issue may be, unless at the
trial or hearing the Court or a Judge certifies that the
 419
A.D. 1 9 0 7 .
Ss. 362-366.
CIVIL PROCEDURE CODE.

refusal to admit was reasonable, or unless the Court or a

Judge at any time othervfise orders or directs.
(3) Any admission made in pursuance of such notice
shall be deemed to be made only for the purposes of the
particular cause, matter, or issue, and not as an admis-
sion to be used against the party on any other occasion,
or in favour of any person other than the party giving
the notice.
(4) The Court or a Judge may at any time allow any
party to amend or withdraw any admission so made, on
such terms as are just.
362. A notice to admit facts and admissions of facts FO™ of
shall be in the forms for the purpose in schedule A, with admissions.
such variations as circumstances require.
363. Any party may, at any stage of a cause or matter judgment or
where admissions of facts have been made, either on the "^derupon
. 1 t-i -r 1 admissions ot
pleadings or otherwise, apply to the Court or a Judge facts.
for such judgment or order as upon such admissions he
is entitled to, without waiting for the determination
of any other question between the parties, and the Court
or a Judge may upon such application make such order,
or give such judgment as the Court or Judge thinks
just.
364. An affidavit of the solicitor or his clerk of the 4*^'^"^'°*
T • , n 1 • • 1 • r! Signature to
due Signature ot any admissions, made m pursuance ot admissions.
any notice to admit documents or facts, shall be sufficient
evidence of such admissions, if evidence thereof is
required.
365.—(1) Notice to produce documents shall be in the ^^"^^'^^g'"
form in schedule A, with such A'ariations as circum- documents.
stances require.
(2) An affidavit of the solicitor or his clerk of the
service of any notice to produce, and of the time when it
Avas served, with a copy of the notice to produce, shall in
all cases be sufficient evidence of the service of the notice
and of the time when it was served.
3 6 6 . If a notice to admit or produce comprises docu- Costs of
. . . , ^ ., . ^ . , notice where
ments which are not necessary, the costs occasioned documents
thereby shall be borne by the party giving such notice. nnnecessary,
Vol. II. , 27A
 420
A.D. 1 9 0 7 .
Ss. 367-371.
CIVIL PROCEDURE CODE.

Chapter X V I I I .

ISSUES, INQUIRIES, AND ACCOUNTS.

Issues may be
prepared and
3 6 7 . Where in any cause or matter it appears to the
settled. Court or a Judge that the issues of fact in dispute are
not sufficiently defined, the parties may be directed to
prepare issues, and such issues shall, if the parties differ,
be settled by the Court or' a Judge.

Inquiries and 3 6 8 . The Court or a Judge may, at any stage of the

accounts,
when proceedings in a cause or matter, direct any necessary
directed. inquiries or accounts to be made or taken, notwithstand-
ing that it appears that there is some special or further
relief sought for, or some special issue to be tried, as to
which it is proper that the cause or matter should proceed
in the ordinary manner.

Special
directions as
3 6 9 . The Court or a Judge may, either by the judg-
to mode of ment or order directing an account to be taken, or by any
taking subsequent order, give special directions with regard to
account.
the mode in which the account is to be taken or vouched,
and in particular may direct that in taking the account,
the books of account in which the accounts in question
have been kept shall be taken as prima facie evidence
of the truth of the matters therein contained, with liberty
to the parties interested to take such objection thereto
as they may be advised.
Inquiry as to 3 7 0 . Every judgment or order for a general account
outstanding
estate. of the estate of the testator or intestate shall contain a
direction for an inquiry what parts, if any, of such
estate are outstanding or undisposed of, unless the Court
or a- Judge otherwise directs.

Accounts and 3 7 1 . Where by any judgment or order, whether made

inquiries to be
numbered. in Court or in Chambers, any accounts are directed to be
taken, or inquiries to be made, each such direction shall
be numbered so that, as far as may be, each distinct
account and inquiry may be designated by a number.
 421
A.D. 1 9 0 7 .
Ss. 372-374.
CIVIL PROCEDURE CODE.

372.—(1) If it appears to the Court or a Judge, on ^^^P^^^^"^",

the representation of a Registrar, or otherwise, that fn^clTe of^'
there is any undue delay in the prosecution of any ^due delay.
accounts or inquiries, or in any other proceedings under
any judgment or order, the Court or Judge may require
the party having the conduct of the proceedings, or any
other party to explain the delay.
(2) The Court or a Judge may thereupon make such
order with regard to expediting the proceedings, or the
conduct thereof, or the stay thereof, and as to the costs of
the proceedings, as the circumstances of the case require.
(3) For the purposes aforesaid any party, or the
Registrar, may be directed to summon the persons Avhose
attendance is required, and to conduct any proceedings,
and carry out any directions which are given.
(4) Any costs of the Register of employing an official
solicitor shall be paid by such parties, or out of such
funds as the Court or Judge directs.

Chapter XIX.
SPECIAL CASES.

373.—(1) The parties to any cause or matter may spedaicase

concur in stating the questions of law arising therein in i^y consent.
the form of a special case for the opinion of the Court.
(2) Every such special case shall be divided into para-
graphs, numbered consecutively, and shall concisely state
such facts and documents as are necessary to enable the
Court to decide the questions raised thereby.
(3) Upon the argument of such case the Court and the
parties may refer to the whole contents of such docu-
ments, and the Court may draw from the facts and docu-
ments stated in any such special case any inference,
whether of fact or law, which might have been drawn
therefrom if proved at a trial.
374.—(1) If it appears to the Court or a Judge that special case
there is, in any cause or matter, a question of law which tofor^triai.
it would be convenient to have decided before any
evidence is given, or any question or issue of fact is
422
A.D. 1 9 0 7 .
Ss. 376-378.
CIVIL PROCEDURE CODE.

tried, or before any reference is made to a referee, or an

arbitrator, the Court or Judge may make an order
accordingly, and may direct such question of law to be
raised for the opinion of the Court, either by special
case, or in such other manner as the Court or Judge
deems expedient.
(2) All such further proceedings as the decision of
such question of law may render unnecessary may there-
upon be stayed.
Special case
to be pre-
375.—(1) Every special case shall l3e prepared by the
pared, etc. plaintiff, and signed by the several parties, or their
solicitors, and shall be filed by the plaintiff.
(2) A copy for the use of the Judge shall be left
therewith.
Leave to set 3 7 6 . No special case in any cause or matter to Avhich
down where
married a married Avoman, not being a party thereto in respect of
woman, etc. her separate property or of any separate right of action
is a party.
by or against her, infant, or person of unsound mind not
so found by inquisition, is a party, shall be set down for
argument without leave of the Court or a Judge, the
application for which must be supported by sufficient
evidence that the statements contained in such special
case, as far as the same affect the interest of such married
woman, infant, or person of unsound mind, are true.

for™g°um°nt'^ 3 7 7 . Either party may enter a special case for argu-

ment by delivering to the Registrar a memorandum of
entry, in the form in schedule A, and also, if any married
woman, infant, or person of unsound mind not so found
by inquisition, is a party to the cause or matter, pro-
ducing a copy of the order giving leave to enter the same
for argument.
Agreement as 378.—(1) The parties to a special case may enter into
to payment of
money and an agreement in writing, which shall not be subject to
costs. any stamp duty, that, on the judgment of the Court
being given in the affirmative or negatiA^e of the questions
of law raised by the special case, a sum of money, fixed
by the parties, or to be ascertained by the Court, or in
such manner as the Court directs, shall be paid by one
of the parties to the other of them, either with or Avith-
out costs of the cause or matter.
 423
A.D. 1 9 0 7 .
Ss. 379-382.
CIVIL PROCEDURE CODE.

(2) The judgment of the Court may be entered for the

sum so agreed or ascertained, with or Avithout costs, as
the case may be, and execution may issue upon such judg-
ment forthwith, unless otherwise agreed, or unless stayed
on appeal.

3 7 9 . This Chapter shall apply to every special case Application

stated in a cause or matter, or in any proceeding o^^ihapter,
incidental thereto.

Issues of Fact without Pleadings.

380.—(1) When the parties to a cause or matter are Triaiof
agreed as to the questions of fact to be decided between ^aTlgTeed*
them, they may, after writ issued and before judgment, npon."
by consent and order of the Court or a Judge, proceed
to the trial of any such questions of fact without formal
pleadings.
(2) Such questions may be stated for trial in an issue,
in the form in schedule A, with such variations as cir-
cumstances require, and such issue may be entered for
trial, and tried in the same manner as any issue joined
in an ordinary action, and the proceedings shall be under
the control and jurisdiction of the Court or Judge, in
the same way as the proceedings in an action.

381. The Court or a Judge may, by consent of the Order for

parties, order that, upon the finding in the affirmative or aum'^fmoney.
negative of such issue as in section 380 mentioned, a
sum of money, fixed by the parties, or to be ascer-
tained upon a question inserted in the issue for that • '
purpose, shall be paid by one of the parties to the other
of them, either with or without the costs of the cause or
matter.

382. Upon the finding of any such issue as in section Entry of

380 mentioned, judgment may be entered for the sum so ipol"'the
agreed or ascertained as aforesaid, with or without costs, fi^'^^^g-
as the case may be, and execution may issue upon such
judgftient fortiiAvith, unless otherwise agreed, or unless
the Court or a Judge otherwise orders for the purpose
of giving either party an opportunity for moving to set
aside the finding or for a new trial.
 424
A.D. 1 9 0 7 .
Ss. 383-387.
CIVIL PROCEDURE CODE.

Eecord of 3 8 3 . The proceedings upon such issue as in section 380

proceedings.
mentioned may be recorded at the instance of either
party, and the judgment, whether actually recorded or
not, shall have the same effect as any other judgment in
a contested action.

Chapter X X .
INTERLOCUTORY PROCEEDINGS.
Interlocutory Applications.
Interlocutory 384.—(1) Interlocutory applications may be made at
applications.
any stage of an action or other proceeding.
(2) They shall be made either by motion or petition in
Court, or by summons in Chambers, and shall be
intituled in the action or other proceeding.
(3) Subject to the provisions of any statute or of this
Code, and to any general rules or orders of the Court, the
Court shall in each case decide whether the application
is a proper one to be made by motion or petition in Court,
or by summons in Chambers, and may, at or before the
hearing, if it thinks fit, remove the same into Court or
into Chambers, as the case may be.

Motion.
Motion. 3 8 5 . Any party to an action or other proceeding, who
desires to move the Court for an order, shall file in the
Registry a written motion paper, distinctly statiag the
terms of the order asked for.

Form of 3 8 6 . The motion may in its terms ask for an order

motion paper. directing more than one thing to be done, and may also
be in an alternative form, asking that one or another
order may be* made, so only that the whole order asked
for is therein substantially expressed.

Amendment. 3 8 7 . If the motion paper contains any matter by-way

of argument, or other matter except the proper particu-
lars of the motion itself, the Court may direct the motion
paper to be amended, and make no order thereon until
 425
A.D. 1 9 0 7 .
Ss. 388-392.
CIVIL PROCEDURE CODE.

it is amended accordingly by the striking'out of such

argument or other matter.

388.—(1) All affidavits on which the party moving ^^^^^^^'H*"

intends to rely shall be filed with the motion paper, or as 1^0110^' paper.
soon thereafter as possible.
(2) No other evidence shall be used in support of the " *•
motion, except by leave of the Court.

3 8 9 . Except in the case mentioned in section 92 of Abolition of

Ordinance No. 101 (Courts), no motion or application ord'ersTo' ^""^
for a rule nisi, or order to show cause, shall be made in show cause.
any action or proceeding.

390.—(1) Except where, according to the practice, on where notice

the first dav of April, 1908, any order or rule might be of motion to
1 1 1 " • 1 r- • 1 1. "^ given.
made absolute ex parte m the first instance, and except
in the case mentioned in section 92 of Ordinance No. 101
(Courts), no motion shall be made without previous notice
to the parties affected thereby.
(2) A Court or a Judge, if satisfied that the delay
caused by proceeding in the ordinary way would or
might entail'irreparable or serious mischief, may make
any order ex parte, upon such terms as to costs, or other-
wise, and subject to such undertaking, if any, as the Court
or J u d g e thinks j u s t ; and any party affected by such
order may move to set it aside.

3 9 1 . — ( 1 ) Every notice of motion to set aside, remit, when

or enforce an award, or for attachment, shall state in I^^J'f.g'^oy*
general terms the grounds of the application. motion to be
stated.
(2) Where any such motion is founded on evidence by
affidavit, a copy of any affidavit intended to be used shall
be served with the notice of motion.

3 9 2 . The plaintiff may, by leave of the Court or a ser^ce of

Judge, to be obtained ex parte, serve any notice of mo*tio*n°with
motion upon any defendant along Avith the writ of sum- -writ.
mons, or at any time after service of the writ of
summons, and before the time limited for the appear-
ance of such defendant.
426
A.D. 1 9 0 7 .
Ss. 393-399.
CIVIL PROCEDURE CODE.

Petitions.
Filing 393.—(1) Every petition, whether interlocutory or
petition.
not, shall be presented by filing the same in the Registry.
(2) The petitioner shall at the same time deliver to
the Registrar a copy of such petition for service upon
the persons intended to be served therewith, and the
Registrar shall answer such petition by marking on the
original and on the copy a day on Avhich the same is to
be heard.
statement of 394.—(1) At the foot of every petition, not being a
persons to be
served with petition of course, presented to the Court, and of every
petition. copy thereof, a statement shall be made of the persons,
if any, intended to be served.
(2) If no person is intended to be served, a statement
to that effect shall be made at the foot of the petition
and of every copy thereof.
Signature and 3 9 5 . Every petition and every copy thereof for ser-
ser^vkfe ^""^ ^i^c shallfec"siguod by the petitioner or petitioners, or
by his or their solicitor, and shall contain an address
for service.
Notice after 396. If the Court directs any petition to be served
direction for
service. upon any person not mentioned in the statement of
persons intended to be served, there shall be indorsed
upon the copy for service a notice, signed by the
petitioner or his solicitor, to the effect that the petition
is served upon him by direction of the Court, and that
the hearing of such petition is adjourned to a day
named when he may be heard thereon, if he so desires.
Petition of 397. A party who is entitled to an order as of right,
course.
on his own statement and at his ov/n risk, may, either
in an action or by way of originating proceedings, apply
ex parte to the Court for such an order by petition of
course.
Summons.
Applications 398. Every application in Chambers shall be made
in chambers.
by summons.
What matters 399.—(1) In evcry cause or matter Avhere any party
inthe°ame thcreto makes any application in Chambers, he may in-
 427
A.D. 1 9 0 7 .
Ss. 400-404.
CIVIL PROCEDURE CODE.

elude in one and the same application all matters upon

vs^hich he then desires the order or directions of the Court
or Judge.
(2) Upon the hearing of such application, the Court or
Judge may make any order, and give any directions
relative to or consequential on the matter of such
application, as are just.
(3) Any such application may, if the Judge thinks
fit, be adjourned from Chambers into Court, or from
Court into Chambers.
4 0 0 . A summons other than an originating summons Form of
shall be in the form in schedule A, with such variations summons.
as circumstances require, and shall be addressed to all
the persons on whom it is to be served.

401.—(1) Every summons shall be prepared by the issueof

applicant or his solicitor, and shall be sealed in the *' "™™°°^-
Registry, and signed by the Registrar, and, when so
sealed and signed, shall be deemed to be issuej^.
(2) The person obtaining a summons shall leave at the
Registry a copy thereof, which shall be filed and stamped
in the manner required by law.
402.—(1) Each summons shall, when issued, be entered List of
by the Registrar in the summons book in Chambers. summonses.

(2) The list of summonses shall distinguish those

which a Registrar has jurisdiction to hear from those
which a Registrar has not jurisdiction to hear.

403.—(1) The summonses in each list for hearing by Hearing of

a Judge or a Registrar shall be called on in their order. «™"°"^'='^-
(2) If, when a summons is called on, neither party
appears, the summons shall be passed over until the list
has been gone through.
(3) The summonses passed over shall then be called on
a second time in their order.
(4) If neither party appears to a summons so called
on, it shall be struck out.
404.—(1) Where any of the parties to a summons Proceeding
fail to attend, whether upon the return of the summons any p'artyfaTis
or at any time appointed for the consideration or to attend.
428
A.D. 1 9 0 7 .
Ss. 405-408.

CIVIL PROCEDURE CODE.

further consideration of the matter, the Judge may

proceed ex parte, if, considering the nature of the case,
he thinks it expedient so to do.
(2) No affidavit of non-attendance shall be required
or alloAved, but the Judge may require such evidence of
service as he thinks just.

Reconsider- 405.—(1) Where the Judge has proceeded ex parte,

ation of
ex parte such proceeding shall not in any manner be reconsidered
proceeding. in the Judge's Chambers, unless the Judge is satisfied
that the party failing to attend was not guilty of wilful
delay or negligence.
Costs. (2) In such case the costs occasioned by his non-
attendance shall be in the discretion of the Judge, who
may fix the same at the time, and direct them to be paid
by the party or his solicitor before he shall be permitted
to have such proceeding reconsidered, or make such
other order as to such costs as he thinks just.

Costs thrown 4 0 6 . Where a proceeding in Chambers fails by reason

away by non-
attendance of the non-attendance of any party, and the Judge does
of party. not think it expedient to proceed ex parte, the Judge
may order such amount of costs, if any, as he thinks
reasonable to be paid to the party attending by the
absent party, or by his solicitor personally.

Further 4 0 7 . Where matters in respect of which summonses

attendance i , . •, i. ^• ^ c ii j_ e
where sum- havo been issued are not disposed oi upon the return ot
monsnotfuuy I\^Q summous, the parties shall attend from time to time
disposed of. -^i e i i •
Without further summons at such time or times as are
appointed for the consideration or further considera-
tion of the matter.
Application 4 0 8 . Any party dissatisfied with any order made by
for further
arguments. a Judge in Chambers may, at the time the order is made,
apply orally, or at any time within four days apply in
writing to the Registrar, asking that the summons shall be
adjourned into Court for further argument; and there-
upon the Judge shall either adjourn the summons into
Court Avhen he may set aside the order and make such
other order as he thinks fit, or shall certify in writing
that he requires no further argument.
 429
A.D. 1 9 0 7 .
Ss. 409-415.
CIVIL PROCEDURE CODE.

General Provisions.
4 0 9 . — ( 1 ) Every notice of motion, petition, and sum- ^^^[4"^,^°^
mons shall be served two clear days at least before the motion.
return thereof, unless in any case otherwise ordered.
(2) A summons" for time only may be served on the
day previous to the return thereof. "
410. If, on the h e a r i n g of any interlocutory appli- Motionsmay
cation, the Court or a J u d g e is of opinion that any or adjourned
person to whom notice has not been given ought to ""here
have, or to have had, such notice, the Court or J u d g e notfcenTt
may either dismiss the motion or application, or adjourn s^™.
the hearing thereof, in order that such notice may be
given, upon such terms, if any, as the Court or Judge
thinks fit to impose.
411. The hearing of any interlocutory application Adjournment
may from time to time be adjourned, upon such terms, ° ®^™^'
if any, as the Court or J u d g e thinks fit. •
412. The plaintiff may, without special leave, serve Service of
any notice of motion or other notice, or any petition or defendant
summons, upon any defendant, who, having been duly ^"^'^w'^'^t
served with a writ of summons to appear, has not appearing.
appeared within the time limited for that purpose.
413. Costs of interlocutory applications shall not be Costs of
allowed on taxation of costs in the cause .unless so ap*pUcatronZ
ordered, either at the time the application or order Avas
made, or subsequently.
414. No summons or notice of motion, petition, or AVhen
other application shall operate as a stay of proceedings, notiM^ol""
except by direction of the Court or J u d g e indorsed motion shall
thereon, a n d in such case i t shall so operate from the gte^ol"'^*
time of service thereof on the opposite party. proceedings.

Orders.
415. Every order, if and when drawn up, shall be ^hen'drrwr
dated the day of the Aveek, month, and year on which up.
the same was made, unless the Court or a J u d g e other-
wise directs, and shall take effect accordingly.
 430
A.D. 1 9 0 7 .
Ss. 416-419.
CIVIL PROCEDURE CODE.

What orders 416.—(1) Where an order has been made, not

need not be
drawn up. embodying any special terms nor including any
directions, but simply enlarging time for taking any
proceeding, or doing any act, or giving leave
(a) for the issue of any Avrit other than a writ of
attachment;
(b) for the amendment of any writ or pleadings;
(c) for the filing of any document; or
(d) for any act to be done by any officer of the
Court other than a solicitor,
it shall not be necessary to draw up such order, unless
the Court or a Judge otherAvise directs.
(2) The production of a note or memorandum of such
order, signed by a Judge or Registrar, shall be sufficient
authority for such enlargement of time, issue, amend-
ment, filing, or other act.
(3) A direction that the costs of such order shall be
costs in any cause or matter shall not be deemed a special
direction -vvithin the meaning of this section.
(4) The solicitor of the person on Avhose application
such order is made shall forthwith give notice in writ-
ing thereof to such person, if any, as Avould, if this
section had not been in force, have been required to be
served with such order.
Orders In
Chambers. 417. In cases other than those mentioned in section
416, orders made in Chambers shall, unless the Court
otherwise directs, be drawn up by the Registrar.
Evidence of 418. In the case of orders to be drawn up by the
orders made
in Chambers. Registrar, as in section 417 mentioned, an order signed
by the Registrar, or a note or a memorandum indorsed
on the summons upon Avhich any such order is made and
signed or initialled by the Registrar, shall be sufficient
evidence of the order having been made.
Entry of judg-
ment or order
419. It shall not be necessary to obtain an order to
tiunc pro tune. enter a judgment or order nunc pro tunc, but, in all
cases in which such entries were formerly made under
orders of course, the solicitor applying to have a judg-
ment or order so entered shall leave with the Registrar
a-memorandum in Avriting, and bearing a stamp accord-
ing to the scale of Court fees for the time being in force.
 431
A.D. 1 9 0 7 .
Ss. 420-424.
CIVIL PROCEDURE CODE

420. Where an order is made on a petition, motion. Application

. . 1 1 - to vary or set
summons, or other application, ex parte, Avhether inter- aside order
locutory or not, any party affected by it may, within made«i?ar<«,
seven days after service of it, or Avithin such further
time as the Court or a Judge allows, apply to the Court
or Judge by motion or summons, as the case may be, to
vary or discharge it, on notice to the party obtaining the
order, and the Court or Judge may either refuse to vary
or may discharge it, with or without imposing such
terms as to costs or security, or otherwise, as seems just.
421. An order to show cause shall specify a day Eetumday.
when cause is to be shown, Avhich shall ordinarily be not
less than four days after service.
4 2 2 . On the return day the Court may either dis- General
powers of
charge the order, or make the same absolute, or adjourn Court.
the consideration thereof, or permit further affidavits to
be filed, or take viva voce evidence in support of or
against the order, and may modify the terms of the
order so as to meet the merits of the case.

Chapter X X I .
NOTICE OF TRIAL AND SETTING DOWN.

423.—(1) Notice of trial may be given in any cause Notice of trial

or matter by the plaintiff or other party in the position ^ypiamtiff.
of plaintiff.
(2) Such notice may be given with the reply, if any,
Avhether it closes the pleadings or not, or, where no order
for a reply has been made under section 293, on the
expiration of four days after the defence or the last of
the defences has been delivered, or at an}^ time after the
issues of fact are ready for trial, or, in trials Avithout
pleadings, as provided by section 219.

424.—(1) If the plaintiff does not, within six: Aveeks Notice of

after the time Avhen he first becomes entitled to give notice dewLt
of trial under section 423, or Avithin such extended time Motion to"
as the Court or a Judge allows, or within ten days after ta™t oV""^
appearance in cases coming under section 218, give notice prosecution.
i 432
; A.D. 1 9 0 7 .
! Ss. 425-430.
CIVIL PROCEDURE CODE.

of trial, the defendant may, before notice of trial given

by the plaintiff, give notice of trial, or may apply to the
Court or a Judge to dismiss the action for want of
prosecution.
(2) On the hearing of such application, the Court or
Judge may order the action to be dismissed accordingly,
or may make such other order and on such terms as to
the Court or Judge seem just.

Form of 425.—(1) Notice of trial shall state whether it is for

notice of
trial. trial of the cause or matter or of issues therein; and the
place, date, and sittings for which it is to be entered for
trial.
(2) The notice shall be in the form in schedule A, with
such variations as circumstances require.

Length of 426.—(1) Except as to cases under section 219, ten

notice of
trial. days' notice of trial shall be given, unless the party to
whom it is given has consented, or is under terms, or has
been ordered to take short notice of trial.
(2) Such notice of trial shall be sufficient in all cases,
unless otherwise ordered by the Court or a Judge.
(3) Short notice of trial shall be four days' notice,
unless otherAvise ordered.

Entry of 4 2 7 . Notice of trial shall be given before entering the

trial.
trial, and the trial may be entered notwithstanding that
the pleadings are not closed, provided that notice of trial
has been given.

Avoidance of 4 2 8 . Unless, within six days after notice of trial is

notice of given, the trial is entered by one party or the other,
trial.
the notice of trial shall be no longer in force.

Notice of trial 4 2 9 . Noticc of trial shall be deemed to be for the first

to remain
good. ^y ^f j^jjg j^g^^ eusuiug wockly or monthly sittings, as the
case may be, after the expiration of the notice.
Countermand- 4 3 0 . No notice of trial shall be countermanded, except
ing notice. by consent, or by leave of the Court or a Judge, which
leave may be given subject to such terms as to costs, or
otherwise, as are just.
 433
A.D. 1 9 0 7 .
Ss. 431-434.
CIVIL PROCEDURE CODE.

4 3 1 . If the party giving notice of trial omits to enter ^^ll\^°''^^^

the trial on the day of or day after giving notice of trial, served'^ith
the party to whom the notice has been given may, unless "°*''^®-
the notice has been countermanded under section 430,
within four days enter the trial.
432.—(1) When any cause or matter has been setting down
adjourned for further consideration, the same may, after f^rXrcon-
the expiration of eight days, and within fourteen days sideration.
from the filing of the Registrar's certificate, be set down
by the Registrar in the trial list for further consideration,
on the Avritten request of the solicitor for the plaintiff or
party having the conduct of the proceedings, and after
the expiration of such fourteen days the cause or matter
may be set down by the Registrar on the written request
of the solicitor for the plaintiff or for any other party;
and, in either case, upon production of the judgment or
order adjourning further consideration, or an office copy
thereof, and an office copy of the Registrar's certificate,
or a memorandum of the date when the certificate was
filed, indorsed on the request by the Registrar.
(2) The cause or matter, when so set down, shall not
be put into the paper for further consideration until after
the expiration of ten days from the day on which the same
was so set down, and shall be marked in the trial list
accordingly.
(3) Notice thereof shall be given to the other parties in
the action at least six days before the day for which the
same may be so marked for further consideration.
4 3 3 . The party entering the trial shall deliver to the copies of writ.
Registrar a copy of the writ of summons and the plead- f^^g°^
ings, if any, or of the issues or special case, or of the order -
for summary trial, or other proceedings, as the case may
be, or as the Registrar requires, for the use of the Judge
at the hearing.

Chapter X X I I .
TRIAL.
434.—(1) All actions shall be heard and determined Trial before
by one or more Judges of the Supreme Court without a '^'"^^^ '''°°*'-
jury. •
Vol. II. 28
434
A.D. 1 9 0 7 .
Ss. 435-440.
CIVIL PROCEDURE CODE.

(2) The Court or a Judge may at any time order any

cause, matter, or issue to be tried by a special referee or
arbitrator, under Ordinance No. 51 (Arbitration).
Order of
hearing.
4 3 5 . All causes shall be heard in the order in which
they have been set down for hearing in the class to
which they belong, the cases not marked " Short" under
section 219 being placed in the paper for the monthly
sittings, and the short causes in the paper for the weekly
sittings of the Court.
Daily list. 436.—(1) The Registrar shall post at the door of the
Court House the names of a sufficient number of causes
for each day's sitting of the Court.
(2) Such daily list shall be posted before four in the
afternoon of the working, day preceding the day of trial.
Weekly and 4 3 7 . Lists of tho cascs aAvaiting trial at each of the
Hs'ts*'^^^ Aveekly and monthly sittings shall be posted without the
outer door of the Court House.
Kemanets. 438.—(1) Causes not fully tried and disposed of at
any sittings shall be remanets, and need not be again set
down, nor need further notice of trial be given.
(2) Such causes shall be posted at the head of the next
Aveekly or monthly list, as the case may be.
Adjourn- (3) Causes adjourned sine die, or otherAvise than to a
ments tine die.
definite date or sitting, shall be struck out of the trial list,
and shall only be re-entered on payment of the proper fees,
Avhereupon fresh notice of trial shall be given.
Change of 439. The parties to any cause may, once before the
order of
hearing hy cause is in the daily list, by consent signified in open
consent. Court, or by the production to the Registrar of a consent
in writing, signed by the parties or their solicitors, change
the position of the cause to the bottom of the list, or to any
intermediate position in the list beyond the fifth subse-
quent cause of its class in the list.
Day for 440. The Court or a Judge may, for the convenience
hearing may
be fixed. of Avitnesses or other sufficient reason, fix a special day for
the hearing of any cause, having due regard to the prece-
dence of other causes, and in such case shall direct the
Registrar whether any and what other causes shall be
placed in the daily list for such day.
 435
A.D. 1 9 0 7 .
Ss. 441-447.
CIVIL PROCEDURE CODE.

441. When a cause is in the daily list, unless shov^^n to ^/4°i^™™®°*

be wrongly so placed, no postponement shall ordinarily
be allowed, but the Judge may, if he thinks it expedient
for the interests of justice, postpone or adjourn the trial
of any cause for such time and to such place and upon
such terms, if any, as he thinks fit.
442. If, Avhen a trial is called on, neither party Default of
appears, the cause shall be struck out, but the same may, by^botr'^'
by leave of the Court or a Judge, be re-entered, upon such parties.
terms as to costs, or otherAvise, as to the Court or Judge
seem fit, and, if no application is made by either party
to re-enter the cause within fourteen days, the same shall
without further order stand dismissed.
443. If, when a trial is called on, the plaintiff appears. Default of
and the defendant does not appear, the plaintiff may by'^defendant
prove his claim, so far as the burden of proof lies upon attnai.
him.
444. If, when a trial is called on, the defendant Default of
appears, and the plaintiff does not appear, the defendant, by^puintiff.
if he has no counterclaim, shall be entitled to judgment
dismissing the action, but, if he has a counterclaim, he
may prove such counterclaim, so far as the burden of
proof lies upon him.
445. Any judgment obtained where one party does not ^3!,^^'^^*;^^^'
appear at the trial may be set aside by the Court or a be tet aside
Judge, upon such terms as seem fit, upon an application on terms.
made within six days after the trial.
446. The addresses to the Court shall be regulated as ^Court.
Pf^^^"^ to
follows : the party who begins, or his counsel, shall be
allowed at the close of his case, if his opponent does not
announce any intention to adduce evidence, to address the
Court a second time for the purpose of summing up the
evidence; and the opposite party, or his counsel, shall be
allowed to open his case, and also to sum up the evidence,
if any, and the right to reply shall be the same as previous
to the first day of April, 1908.
447. The Court shall take a note of the viva voce Takingof
evidence, and shall put down the terms of any particular evidence
question or answer, if there appears to be any special
reason for doing so.
Vol. II. 28A
436
A.D. 1 9 0 7 .
Ss. 448-452.
CIVIL PROCEDURE CODE.

Recording of
remarks on
4 4 8 . The Court may record on the notes of evidence
demeanour of such remarks as it thinks material respecting the
witnesses. demeanour of any Avitness Avhile under examination.
Use of notes 449.—(1) On application by any person, and on
of evidence.
reasonable cause being shown for such application, the
Court or Judge may order that such person shall, on pay-
ment of a fee of twenty-five cents per folio, have a copy
of the notes of evidence taken in any cause, or of any
portion thereof, certified by the Judge's secretary.
(2) On granting any such application, the Court may
impose such terms as to publication, or other use of the
said notes, as the Court or Judge thinks proper.
(3) A copy of the notes of evidence, certified as afore-
said, shall be admissible, saving all just exceptions, in any
civil or criminal proceeding, as evidence that viva voce
evidence was given before the Court as therein appearing.
Marking and
disposal of 4 5 0 . Ever}'- document, not being an original record of
documents a Court, which it is desired to put in evidence shall be
put in
evidence. tendered in evidence, and, if received, shall be marked by
the Registrar at the time, and shall be retained by the
Court during the trial, and returned to the party who
put it in, or from whose custody it came, immediately
after the judgment, unless it is impounded by order of the
Court or unless the Court otherwise directs.
Court may 4 5 1 . The Court may, if it sees sufficient cause, direct
order docu-
ment to be any document or book produced before it in any cause or
Impounded. matter 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.
Impounded 452.—(1) Impounded documents while in the custody
documents.
of the Court are not to be parted with, and are not to be
inspected, except on a written order signed by a Judge or,
in case of documents impounded on the order of the Court
of Appeal, by an order of that Court.
(2) Subject to subsection (3) such documents shall not
be delivered out of the custody of the Court except upon
an order made on motion in open Court.
(3) Impounded documents in the custody of the Court
shall, upon the request in writing of the law officers of the
 437
A.D. 1 9 0 7 .
Ss. 453-455.
CIVIL PROCEDURE CODE.

Crown, or either of them, be given into the custody of such

law officers.

4 5 3 . In actions for libel or slander in which the Eyidence^in^

defendant does not by his defence assert the truth of the d^mfgesTn"
statement complained of, the defendant shall not be y^^^""^^'"'
entitled on the trial to give evidence in chief with a vicAv slander.
to mitigation of damages as to the circumstances under
which the libel or slander was published, or as to the
character of the plaintiff, without the leave of the Judge,
unless seven days at least before the trial he furnishes
particulars to the plaintiff of the matters as to which he
intends to give evidence.

454.—(1) In every action or proceeding in which it ^g^^^^*™'

appears to the Court that the amount of damages sought damages
to be recovered is substantially a matter of calculation, ^^Jt^j.'^of
the Court may direct that the amount for which final calculation.
judgment is to be entered shall be ascertained by the
Registrar.
(2) The attendance of witnesses and the production of
documents before the Registrar may be compelled by
subpoena and the Registrar may adjourn the inquiry from
time to time and shall indorse upon the order for referring
the amount of damages to him the amount found by him,
and shall deliver the order with such indorsement to the
person entitled to the damages, and such and the like pro-
ceeding may thereupon be had as to taxation of costs,
entering judgment, and otherwise, as upon the finding of
the Court as to damages.

455.—(1) The Court shall, on the trial of any action ?ate of

in which interest is recoverable or on the hearing of any
application for judgment in such action, give judgment
for interest at the rate, if any, agreed upon between the
parties, and if no rate has been agreed upon at such
rate not exceeding eight per centum per annum as the
Court or Judge thinks fit.
(2) The Court may, on the trial of an action or on the interest on
, ^ '. „ 1• ,• p • 1 i_ • J.- debts and
hearing of any application for judgment m an action, sums payable
allow interest upon all debts or sums certain payable at ^*^p''*'""
a certain time, or otherAvise, to the creditor at a rate not
exceeding eight per centum per annum from the time when
 438
A.D. 1 9 0 7
456-461.
CIVIL PROCEDURE CODE,

such debts or sums certain Avere payable, if such debts or

sums are payable by virtue of some written instrument at
a certain time, or if payable otherwise then from the time
when demand of papnent has been made in writing, so as
such demand shall give notice to the debtor that interest
will be claimed from the date of such demand until the
time of payment.
Judgment to 4 5 6 . The Court shall at or after trial direct judgment
be entered at
or after trial. to be entered as it thinks right, and no motion for
judgment shall be necessary in order to obtain such
judgment.
Times of com- 4 5 7 . The Registrar at any hearing or trial shall make
mencement
and termina- a note of the times at which such hearing or trial com-
tion of trial.
mences and terminates respectively on each day on which
the same takes place.
Power to
transfer
4 5 8 . In any cause or matter the Court or a Judge may,
causes to Avhen the value of the subject matter would be within the
a District limit of the jurisdiction of a District Court, or when, on
Court.
account of the difficulty, delay, or expense of procuring
the attendance of witnesses in the Supreme Court, or
when, on account of special knowledge of the native lan-
guages or customs, or for any other sufficient cause, any
matter would be more expeditiously or satisfactorily
decided by a District Court, transfer such cause or matter
to a District Court.
Sittings of 4 5 9 . Where any cause or matter, or any question in
referee.
any cause or matter, is referred to a referee, he may,
subject to the order of a Court or a Judge, hold the trial
at or adjourn it to any place which he deems most con-
venient, and have any inspection or view, which he deems
expedient for the better disposal of the controversy before
him.
Evidence at
trial before 4 6 0 . Subject to any order to be made by the Court or
referee. Judge ordering the same, evidence shall be taken at any
trial before a referee, and the attendance of witnesses
may be enforced by subpoena, and every such trial shall be
conducted in the same manner, as nearly as circumstances
admit, as trials are conducted before a Judge.
Authority of
referee.
4 6 1 . Subject to any order as last aforesaid, the referee
shall have the same authority with respect to discovery
 439
A.D. 1 9 0 7 .
Ss. 462-465.
CIVIL PROCEDURE CODE.

and production of documents, and in the conduct of any

reference or trial, and the same power to direct judg-
ment to be entered for any or either party, as a judge
of the Supreme Court.

4 6 2 . Nothing in this Chapter shall authorize any nefereenot

n , °., ^ . , P •' to commit or
referee to commit any person to prison, or to enforce attach.
any order by attachment, or otherwise.
463.—(1) The referee may, before the conclusion of Referee may
, • 1 •, n 1 - 1 1 - 1 1 1. submit ques-
any trial betore him, or by his report under the reference tion to the
made to him, submit any question arising therein for the *''"^''*'
decision of the Court, or state any facts specially, with
poAver to the Court to draw inferences therefrom, and, in
any such case, the order to be made on such submission or
statement shall be entered as the Court directs.
(2) The Court may require any explanations or reasons
from the referee, and remit the cause or matter, or any
part thereof, for re-trial, or for further consideration, to
the same or to any other referee, or the Court may decide
the question referred to any referee on the evidence taken
before him, either with or without additional evidence, as
the Court directs.

464. Whenever a report is made by a referee, he shall. Notice of

on the same day, cause notice thereof to be given to allreferee's
report.
the parties to the trial on the reference before him, by
prepaid post letter, directed to the address for service of
each party, who shall in due course of post be deemed to
have notice of such report.

465. Where, under section 14 of Ordinance No. 51 ^tiationof

(Arbitration), the report of the referee has been made in report of arbi-
a cause or matter the further consideration of Avhich has *''^*f ^'"'''^.
, ' , . 1 1 • e 1 turtner corsi-
been adjourned, any party may, on the hearing ot such deration of
further consideration, without notice of motion or sum-'!^^^^"^^
mons, apply to the Court or a Judge to adopt the report, adjourned.
or, without leave of the Court or Judge, give not less than
four days' notice of motion, to come on with the further
consideration, to vary the report, or to remit the cause or
. matter, or any part thereof, for re-hearing or further con-
sideration, to the same or any other referee.
440
A.D. 1 9 0 7 .
Ss. 466-469.
C I V I L P R O C E D U R E CODE.

fur'th67''co'ri . ^QQ- Where, under section 14 of Ordinance No. 51

sideration-not'(Ai^bitration), the report of the referee has been made in
adjourned. ^ causc or matter, the further consideration of which has
not been adjourned, any party may, by an eight days'
notice of motion, apply to the Court or a Judge to adopt^
and carry into effect the report of the referee, or to vary
the report, or to remit the cause or matter, or any part
thereof, for re-hearing or further consideration, to the
same or any other referee.

d°sc'retTon of ' 4 6 7 . Whcrc the whole of any cause or matter is

referee. referred to a referee under an order of Court, he may,
subject to any directions in the order, exercise the same
discretion as to costs as the Court could have exercised.

Chapter XXIII.
EVIDENCE GENERALLY.

bT'examSed* 468.—(1) In the absence of any agreement in writing

JvTv^J^l- between the solicitors of all parties, and subject to this
igreed^^r"^''" Codc, the wituesscs at the trial of any action, or at any
ordered. asscssmont of damages, shall be examined viva voce and
in open Court.
(2) The Court or a Judge 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 or trial, on such conditions as
the Court or Judge thinks reasonable, or that any witness,
whose attendance in Court ought for some sufficient cause
-to be dispensed with, shall be examined by interroga-
tories, or otherwise, before a commissioner or examiner.
(3) Where it appears to the Court or Judge that the
other party bona fide desires the production of a witness
for cross-examination, and that such witness can be pro-
duced, an order shall not be made authorizing the evidence
of such witness to be given by affidavit.

Reading 4 6 9 . An Order to read evidence taken in another cause

takenTn ^r uiattcr shall not be necessary, but such evidence may,
another cause saviug all just exccptious, bc read on ex parte applica-
or matter. ^j^j^g ^^ j ^ ^ ^ ^^ ^j^^ ^^^^^ Or a Judge, to bc obtained a t the
 "441
A.D. 1 9 0 7 .
Ss. 470-475. .
CIVIL PROCEDURE CODE.

time of making any such application, and, in any other. •

case, upon the party desiring to use such evidence giving
two days' previous notice to the other parties of his inten-
tion to read such evidence.
4 7 0 . Office copies of all writs, records, pleadings, and office copies
documents filed in the Supreme Court shall be admissible evidence!"'"
in evidence in all causes and matters and between all
persons or parties, to the same extent as the original would
be admissible.
Examination of Witnesses.
4 7 1 . The Court or a Judge may, in any cause or matter comtor
where it appears necessary, for the purposes of justice, oMe^XpY-
make any order for the examination upon oath before the sitions to be
Court or J u d g e , or a n y officer of the Court, or any other ^ ™'
person, a n d a t any place, of any witness or person, a n d
may empower a n y p a r t y to any such cause or matter to
give such deposition in evidence therein on such terms,
if any, as the Court or a Judge directs.
4 7 2 . U^pon an order for examination, otherAvise than Examination
before com-
before the Court or an officer of the Court, a request to missioner.
examine witnesses shall be issued, unless the Court of a
Judge thinks fit to order a commission to be issued.
473.—(1) The Court or a Judge may, in any cause or Order for
matter at any stage of the proceedings, order the attend- -per^onX^ °^
ance of any person for the purpose of producing any produce.
writings or other documents named in the order, which
the Court thinks fit to be produced.
(2) No person shall be compelled to produce, under any
such order, any writing or other document which he could
not be compelled to produce at the hearing or trial.

4 7 4 . Any person who Avilfully disobeys any order Disobedience

r e q u i r i n g his attendance for the purpose of being attendance."
examined or producing a n y document, shall be deemed
guilty of contempt of Court, a n d may be dealt with
accordingly.
4 7 5 . Where any witness or person is ordered to be Examiner to
examined before a n y officer of the Court, or before any ^217A °*
person appointed for the purpose, t h e person t a k i n g the pleadings.
442
A.D 1 9 0 7 .
Ss. 476-478.
CIVIL PROCEDURE CODE.

examination shall be furnished, by the party on whose

application the order Avas made, Avith the copy of the writ
and pleadings, if any, or with a copy of the documents
necessary to inform the person taking the examination of
the questions at issue between the parties.

Examination 4 7 6 . The examination shall take place in the presence

how taken.
of the parties, their counsel, solicitors, or agents, and the
Avitnesses shall be subject to cross-examination and re-
examination.

Depositions 477.—(1) The depositions taken before an officer of the

dowuTn^^Tit- Court, or before any other person appointed to take the
ing, read over examination, shall be taken down in writing by or in the
by'^vitnefs^or, prescnco of the examiner, not ordinarily by question and
if he refuses, answer, but so as to represent, as nearly as may be, the
by the
examiner statement of the Avitness, and when completed shall be
read over to the witness, and signed by him in the presence
of the parties, or such of them as think fit to attend.
(2) If the witness refuses to sign the depositions, the
examiner shall sign the same.
(3) The examiner may put doAvn any particular question
or answer, if there appears any special reason for
doing so, and may put any question to the witness as to
the meaning of any answer, or as to any matter arising
in the course of the examination.
(4) Any questions Avhich are objected to and the
answers thereto shall be taken down by the examiner in
the depositions, and he shall state his opinion thereon to
the counsel, solicitors, or parties, and shall refer to such
statement in the depositions, but he shall not have poAver
to decide upon the materiality or relevancy of any
question.

.Refusal of 4 7 8 . If any person, duly summoned by subpoena to

witnesses to
attend or tc attend for examination, refuses to attend, or, if having
be sworn. attended, refuses to be sworn, or to answer any lawful
question, a certificate of such refusal, signed by the
examiner, shall be filed, and thereupon the party requir-
ing the attendance of the witness may apply to the Court
or a Judge ex parte, or on notice, for-an order directing
the witness to attend, or to be sworn, or to answer any
question, as the case may be.
 443
A.D. 1 9 0 7 .
Ss. 479-484.
CIVIL PROCEDURE CODE.

479. If any witness objects to any question which is q.^jgtfonr*"

put to him before an examiner, the question so put, and by witness.
the objection of the witness thereto, shall be taken down
by the examiner, and transmitted by him to the Registry
to be there filed, and the validity of the objection shall be
decided by the Court or a Judge.

4 8 0 . In any case under sections 478 and 479 the Court Costs occa-
or a Judge may order the witness to pay any costs occa- "fusai or
sioned by his refusal or objection. objection.

481. When the examination of any witness before any Depositions

examiner has been concluded, _the original depositions, J^itteJ''to°t'he
authenticated by the signature of the examiner, shall be iiegistry,
transmitted by him to the Registry, and there filed on
payment by either party of the proper fees.

482. The person taking the examination of a witness Special report

under this Code may, and, if need be, shall, make a special ^^ examiner.
report to the Court touching such examination, and the
conduct or absence of any witness or other person thereon,
and the Court or a Judge may direct such proceedings
and make such order as upon the report it or he thinks
just.
483.—(1) Except where by this Chapter otherwise Depositions
provided, or directed by the Court or a Judge, no deposi- l°l^° ^,^^^^_
tion shall be given in evidence at the hearing or trial of Sence without
the cause or matter without the consent of the party leTvTof ^"^ ^'^
against whom the same is offered, unless the Court Jndge.
or Judge is satisfied that the deponent is dead, out of
the Settlement, or beyond the jurisdiction of the Court,
or unable from sickness or other infirmity to attend the
hearing or trial.
(2) In any such case the depositions, certified under
the hand of the person taking the examination, shall be
admissible in evidence, saving all just exceptions, with-
out proof of the signature to such certificate.

4 8 4 . Any officer of the Court, or other person directed Oaths.

'to take the examination of any witness or person, may
administer oaths.
444
A.D. 1 9 0 7 .
Ss. 485-490.
CIVIL PROCEDURE CODE.

Attendance of
witness under
485.—(1) Any party in any cause or matter may, by
stibpmna for subpoena ad testificandum or duces tecum, require the
examination attendance of any witness before an officer of the Court,
or to produce
documents. or other person appointed to take the examination, for
the purpose of using his evidence upon any proceeding
in the cause or matter, in like manner as such witness
AA^ould be bound to attend and be examined at the hearing
or trial.
• (2) Any party or witness, having made an affidavit to
be used, or which is used, in any proceeding in the
cause or matter, shall be bound, on being served with such
subpoena, to attend before such officer or person for cross-
examination.

Evidence
taken after
486. Evidence taken subsequently to the hearing or
trial. trial of any cause or matter shall be taken, as nearly as
may be, in the same manner as evidence taken at or with
a view to a trial.

Practice as to
taking
4 8 7 . The practice with reference to the examination,
evidence at cross-examination, and re-examination of witnesses at a
any stage of a trial shall cxtcud aud be applicable to evidence taken in
cause or ,. . .
matter. auy causc or matter at any stage.
Special
directions as
4 8 8 . The practice of the Court with respect to evi-
to taking dence at a trial, when applied to evidence to be taken
evidence. before an officer of the Court or other person in any cause
or matter after the hearing or trial, shall be subject to
any special directions given in any case.

Notice to use
affidavit or
4 8 9 . No affidavit or deposition, filed or made before
deposition at issue joined in any cause or matter, shall, without special
trial. leave of the Court or a Judge, be received at the hearing
or trial thereof, unless within one month after issue
joined, or within such longer time as is allowed by
special leave of the Court or a Judge, notice in writing
has been given by the party of his intention in that
behalf.

proctdings 4 9 0 . All evidence taken at the hearing or trial of any

subsequent tu causc or matter ma}' be used in any subsequent proceed-
trial.
ings in the same cause or matter.
 445
A.D. 1 9 0 7 .
S. 491.
CIVIL PROCEDURE CODE.

Obtaining Evidence for Foreign Tribunals.

491.—(1) Where under the Foreign Tribunals Evi- Evidence for
dence Act, 1856, any civil or commercial matter is pend- rribulwis.
ing before a court or tribunal of a foreign country and i9&2ovict.
it is made to appear to the Court or a Judge, by com- "^^ "^•
mission 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 jurisdic-
tion, the Court or a Judge may, on the ex parte applica-
tion of any person shown to be duly authorized to make
the application on behalf of such foreign court or
tribunal, and on production of the commission roga-
toire, or letter of request, or of a certificate signed in
the manner, and certifying to the effect mentioned in
section 2 of the Foreign Tribunals Evidence Act, 1856,
or such other evidence as the Court or a Judge requires,
make such order or orders as are necessary to give effect
to the intention of the said Foreign Tribunals Evidence
Act, 1856, in conformity with section 1 thereof.
(2) The examination shall be taken before the Regis-
trar who shall append to the depositions a certificate, in
the form in schedule A, with such variations as circum-
stances 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 Colonial Secretary for transmission to the foreign
court or tribunal requiring the same.
(3) An order made under subsection (1) may, if the
Court or a Judge thinks fit, direct the said examination
to be taken in such manner as is requested by the
commission rogatoire or letter of request from the
foreign court, or therein signified to be in accordance
with the practice or requirements of such court or
tribunal, or which is, for the same reason, requested
by the applicant for such order; but in the absence of
any such special directions being given in the order for
examination the same shall be taken in the manner pre-
scribed in sections 471 to 490.
(4) This section shall apply, as far as may be, to appli- 22Vict.,c. 20.
cations under the Evidence by Commission Act, 1859, for
446
A.D. 1 9 0 7 .
Ss. 492-496
CIVIL PROCEDURE CODE.

the purpose of giving effect to any commission or letter

of request from any British tribunal out of the juris-
diction.
(5) Where a commission rogatoire, or letter of
request, as mentioned in subsection (1), is transmitted to
the Supreme Court by the Colonial 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 Colony of any of the
parties to the action or matter in the foreign country, the
Registrar shall transmit the same to the Attorney-
General Avho may thereupon make such applications and
take such steps as are necessary to give effect to such
commission rogatoire, or letter of request, in accordance
Avith this section.

Siihpoena.
Foi-m of 4 9 2 . -(1) Where it is intended to sue out a subpoena.
prceeipe for a
snhpoMia. a praecipe for that purpose, in the form in schedule A,
containing the name or firm and the place of business or
residence of the solicitor intending to sue out the same,
shall in all cases be delivered at the registry.
F o r m of writ
of suhpceua.
(2) A writ of subpoena shall be in the form in schedule
A, with such variations as circumstances require.
Suhpaina 4 9 3 . Whcrc a suhjjcena is required for the attendance
forattendanoe gf ^ -^itncss for the purposc of proceedings in Chambers,
01 witness in
Chambers. such subpceua shall issue from the registry upon permis-
sion from the Res;istrar.
N u m b e r of 494. Every snbpnp.na other than a subpoena duces
persons in a
mhpoina, tecum may contain three names where necessary or
other than a
snbpxna
required.
duces tecum.
One person in
495. One person only shall be included in a subpoena
mbpecna duces tecum, and the party suing out the same may sue
duces teen III.
out a subpoena for each person.
Subpoena
duces tecum.
496. Any person may be served with a subpoena to
produce a document, without being required to give
evidence, and a person so summoned shall sufficiently
comply if he causes the document to be produced without
attending personally.
 447
A.D. 1 9 0 7 .
Ss. 497-501.
CIVIL PROCEDURE CODE.

497.—(1) Officers of Courts of Justice shall not be ^""^1)^"^'

required by subpcena to produce the records of such called for
Courts, but, if the original of any affidavit or record of i^y •""^^'«'««-
any other Court is for any special reason desired, a com-
munication must, on the application of the party requir-
ing the same, be addressed by the Court requiring the
production to such other Court expressing such desire.
(2) In the case of the Supreme Court such communica-
tion may be sent by or to the Registrar.
(3) No mark shall be placed upon any affidavit or
record so produced.
498- In the interval between suing out and service of Correcti on or
erroiB i n
any subpoena, the party suing out the same may alter «X«w'
the date or correct any error in the names of parties or
witnesses, and may have the writ re-sealed upon leaving
a corrected prceeipe of such subpcena marked with the
words " altered and re-sealed," and signed with the name
and address of the solicitor suing out the same.
4 9 9 . The service of a subpoena shall be effected by service of
delivering a copy of the Avrit, and of the indorsement '"''''"'""•
thereon, and at the same time producing the original
writ.
500-—(1) No subpoena ad testifi.candum or subpcena subpamaioT
duces tecum shall issue to compel the attendance of any anVthe/'^
Avitness who is in another Settlement on the trial of Settlement
any action, or on the hearing of any matter or proceeding, ^HhoutTeTve.
without leave of a Judge, upon application by summons
supported by an affidavit, or such other evidence as the
Judge requires, that the witness is a material and neces-
sary one.
(2) Upon hearing such application, the Judge m.ay
direct a subpcena to issue, or may direct the evidence of
such witness to be taken in some one of the methods
prescribed by this Code.
501.—(1) Every subpcena issued under any order of a Specially
Judge for service in another Settlement shall be marked ^^'^ ^ '
" by special leave."
(2) No witness shall be compelled to attend upon any •
such subpcena, unless a reasonable sum to cover the ex-
penses of such witness in going to, remaining at, and
returning from the place of trial is tendered to him.
448
A.D. 1 9 0 7 .
Ss. 502-504.
CIVIL PROCEDURE CODE.

Production of Documents.
Notice to 502.- Whenever any of the parties to an action is
produce,when
and how desirous that any document, writing, or other thing,
given. Avhich he believes to be in the possession or power of
another of the parties thereto, should be produced at any
hearing of the action, he may, at a reasonable time before
such hearing, serve the party, in whose possession _ or
power he believes the document, writing, or other thing
to be, with a notice in writing calling upon him to pro-
duce the same.

Refusal or 5 0 3 . If the party served with such notice refuses or

neglect to
produce neglects, without reasonable cause, to produce such
document or thing at the trial pursuant to such notice, he
shall bear any costs occasioned by such refusal or neglect,
and the Court may make such order for the production
thereof, and, if necessary, for the adjournment of the
proceedings, as is required, or secondary evidence of the
contents of such document may be admitted.

Attendance of Prisoner as Witness.

Attendance
of prisoner as
504.—(1) Whenever the presence of any person
witness. detained in a prison situate within the limits of the
Colony is required in the Court, the Court or a Judge
may issue a warrant addressed to the officer in charge of
the prison requiring the production of such person before
the Court in proper custody at the time and place to be
named in such warrant.
(2) The officer in charge of the prison shall cause the
person named in such warrant to be brought as directed,
and shall provide for his safe custody during his absence
from prison.
(3) The Court may, by indorsement on such warrant,
require the person named therein to be brought up at any
time to which the matter Avherein such person is required
is adjourned.
(4) Every warrant shall be sealed with the seal of the
Court and signed by the Registrar.
(5) An officer so in charge on receipt of a warrant
under this section shall act in accordance therewith and
 449
A.D. 1 9 0 7 .
Ss. 505-509.
CIVIL PROCEDURE CODE.

shall provide for the safe custody of the prisoner during

his absence from the prison for the purpose aforesaid.

Perpetiiating Testimony.
5 0 5 . Any person who would, under the circumstances Action to
alleged by him to exist, become entitled, upon the happen- Smony!
ing of any future event, to any estate or interest in any
moveable or immoveable property, the right or claim to
which cannot by him be brought to trial before the hap-
pening of such event, may commence an action to per-
petuate any testimony which may be material for estab-
lishing such right or claim.

506.—(1) Witnesses shall not be examined to per- Rules

petuate testimony unless an action has been commenced suXactm
actions.
for the purpose.
(2) No action to perpetuate the testimony of Avitnesses
shall be set down for trial.

Chapter X X I V .
AFFIDAVITS AND DEPOSITIONS.
507.—(1) Upon any motion, petition, or summons Evidence on
motions, etc.
evidence may be given on affidavit.
(2) The Court or Judge may, at the instance of any Order for
party, order the attendance for cross-examination of the attendance of
deponent for
deponent. cross-
examination.

508.—(1) Every affidavit shall be intituled in the Affidavits to

cause or matter in which it is sworn, but, in every case be Intituled,
and short
in which there are more than one plaintiff or defendant, it title used.
shall be sufficient to state the full name of the first plain-
tiff or defendant, respectively, and that there are other
plaintiffs or defendants, as the case may be.
(2) The costs occasioned by any unnecessary prolixity
in any such title shall be disallowed by the Registrar.

509.—(1) Affidavits shall be confined to such facts as Contents of

the deponent is able of his own knowledge to prove, affidavits.
except on interlocutory applications, on which state-
Vol. I I . 29
450
A.D. 1 9 0 7 .
Ss. 510-512.
CIVIL PROCEDURE CODE.

ments of belief may be admitted, provided that reason-

able grounds for such belief are set forth.
(2) The costs of every affidavit Avhich unnecessarily
sets forth matters of hearsay, or of argument, or copies
of or extracts from documents, shall be paid by the party
filing the same.

Before whom 510.—(1) Any affidavit under this Code may be sworn
atli davits may
be sworn in within the Colony before any Judge, District Judge,
the Colony. Assistant District Judge, Registrar, Deputy Registrar,
Police Magistrate, Justice of the Peace, or before any
person appointed under section 20 of Ordinance No. 101
(Courts), or a Commissioner specially appointed by the
Court or a J u d g e for the purpose.
(2) The fee for administering the oath, if adminis-
tered by any salaried officer of Government not belonging
to the Court in Avhich the affidavit is intended to be filed,
shall be paid, at the time of filing the affidavit in the
Court in which the affidavit is filed, to the officer of that
Court.

dedarlwons, ^^l-—(^) ^^^ examinations, affidavits, declarations,

etc., how to' and affirmations in causes or matters depending in the
takenTn °'°'* Court may be sworn and taken in England, Scotland, and
places Ireland, or the Channel Islands, or in any colony, island,
Colony.*''^ 01' place under the dominion or jurisdiction of His
Majesty in foreign parts, or in any of the States in the
Malay Peninsula or in Borneo under the protection of
His Majesty, before any Judge, Court, notary public, or
person-lawfully authorized to administer oaths or else-
, where before any of His Majesty's Consuls or Vice-
" Consuls.
(2) The Judges and other officers of the Court shall take
_^ J u d i c i a l 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 examinations, affidavits, declarations, or affirraa-
• tions.

de^ponZt'to" 5 1 2 . Every affidavit shall be drawn up in the first

be stated. persou, and shall state the full name or names of the
deponent.
 451
A.D. 1 9 0 7 .
Ss. 513-516.
CIVIL PROCEDURE CODE.

5 1 3 . Every affidavit shall state the description or ^Xbodrof

occupation and true place of abode of the deponent, deponent to
except in the case of an affidavit made by a party to the ^^^^''^'"^•
action, in which case it shall be sufficient to describe him
as " the above-named plaintiff " or " defendant," as the
case may be.

514.—(1) Every affidavit shall be divided into para- ^°'™ j^^

graphs, and the paragraphs shall be numbered consecu- * ""^"' ,
tively, and each paragraph shall, as nearly as possible,
be confined to a distinct portion of the subject.
(2) Every affidavit shall be Avritten, printed, or type-
written bookwise.
(3) No costs shall be allowed for any affidavit sub-
stantially departing from this Code.

515.—(1) Accounts, extracts from registers, par- g^;^^^*^^ j^^^^

ticulars of creditors' debts, and other documents referred not be ^"^
to in an affidavit, shall not be annexed, and all exhibits ^ow'^m
' ark^ed'^
not annexed shall be referred to in the body of the
affidavit as " the paper writing marked ' A ' (or as the
case may be) now produced and shoAvn to me," and shall
be marked, on the exhibit itself, or on a label firmly
attached thereto, Avith a distinguishing mark or letter,
the serial number of the action, the name of the Court,
the short title of the cause, and the folloAAdng words :
" This is the paper writing marked ' A ' (or as the case
may be) referred to in the affidavit of
sworn on the day of before me," and
shall be signed by the person administering the oath.
(2) Such last named exhibits shall remain in the *
custody of the party, unless for any special reason they
are ordered to be deposited in Court, in which case a
memorandum as to the place of deposit shall be attached ,
to the affidavit, and such exhibits shall be taken away
immediately after final judgment in the action has been
given, unless the Court otherwise orders.

516.—(1) In every affidavit made by two or more Affidavit

deponents, the names of the several deponents shall be "Vore^
inserted in the jurat, except that if the affidavit of all deponents.
the deponents is taken at one time by the same officer
Vol. II. 29A
452
A.D. 1 9 0 7 .
Ss. 517-520.
CIVIL PROCEDURE CODE.

and in the same language it shall be sufficient to state

that the same was sworn by both or all of the " above-
named " deponents.
(2) When the oath is administered to any of the
deponents in dift'erent languages, there shall be a separate
jurat for those sworn in each language.
Time and 517. The jurat shall express the place where and the
place of
taking- date when every oath is administered, and shall be
affidavits. signed by the officer administering the oath, who shall
add the title of the office by virtue of which he acts.
Blind or
illiterate
518. In every affidavit made by a person, understand-
deponent. ing the English language, but Avho is blind, or is unable
to read and write it, the jurat shall show that the con-
tents of the affidavit have been first truly and distinctly
and audibly read over to the deponent, and that the
nature and eft'ect of the exhibits therein referred to, if
any, have been explained to him, and that he seemed
perfectly to understand the same, and made his signature
or mark thereto in the presence of the person administer-
ing the oath.
Affidavit by
person who
519.—(1) Where the deponent is a person who does
does not not understand English, the contents of the affidavit shall
understand be interpreted to him in the following manner : the officer
English.
who administers the oath shall read over the same to
him, clause by clause, and the interpreter shall translate
the same, clause by clause.
(2) The interpreter shall then be sworn that he has
truly, distinctly, and audibly translated the affidavit to
the deponent, and that he Avill truly and faithfully inter-
pret the oath about to be administered to the deponent,
and the deponent may then be sworn.
(3) The jurat shall express that the foregoing formali-
ties have been complied with.
(4) If the interpreter is a SAvorn interpreter of the
Court, he need not take the foregoing oath.
Use of 5 2 0 . No such affidavit as is mentioned in sections 518
affidavits
without and 519 shall be used in evidence, in the absence of such
proper jurat
prohibited. special iurat, unle.ss the Court or Judge is otherwise
satisfied that the affidavit was read over or translated to
and appeared to be perfectly understood by the deponent.
 453
A.D. 1 9 0 7 .
Ss. 521-528.
CIVIL PROCEDURE CODE.
521. In any case of difficulty or doubt as to a deponent "j'o^p^t/"
being able to understand the contents of an affidavit, or underst°and-
of the oath, the matter shall be settled by the Court or "§' affidavit.
Judge, which or who shall either personally examine the
deponent, and satisfy itself or himself as to the deponent's
understanding, or gii'e special directions to an officer,
and shall decide whether the affidavit in any such case
shall be admitted or rejected.

522. The forms of jurat in schedule A shall be used. Form to be

used.

523. No affidavit shall, except Avith the leave of the ^J^g'i^^"''°

Court or a Judge, be used unless it has been filed.

524. Every affidavit shall be indorsed with the date Date and
of filing and the name of the party on whose behalf it is party ming
filed. to lie
indorsed.
525. The Court or a Judge may order to be struck out Scandalous
from any affidavit any matter which is scandalous, and ^''^'^^'^•
may order the costs of any application to strike out such
matter to be paid as between solicitor and client.
526. The Registrar may refuse to file any affidavit in Affidavits
which there is any knife erasure, or which is blotted so accordance
as to obliterate any Avord, or which is improperly written, with code
or so altered as to cause disfigurement, or which is other- refused.
wise not in accordance with this Code.
527. No affidavit, having in the jurat or body thereof Alterations in
any interlineation, alteration, or erasure, shall, without affidavits.
leave of the Court or a Judge, be read or made use of in
any matter depending in Court or Chambers, unless the
interlineation or alteration, other than by erasure, is
authenticated by the initials of the officer taking the
affidavit, nor, in the case of an erasure, unless the words
or figures appearing at the time of taking the affidavit to
be written on the erasure are re-written and signed or
initialled, in the margin of the affidavit, by the officer
taking it.
528. No alteration shall, under any circumstances, be ^^'^J' filing
made in any affidavit after it has been filed, but, before an can be made"
affidavit has been filed, alterations may be made therein;
454
A.D. 1 9 0 7 .
Ss. 529-534.
CIVIL PROCEDURE CODE.

provided that such affidavit is re-sworn, and such altera-

tion authenticated by the initials of the commissioner, and
specified in the jurat, Avhich shall commence with the Avord
" Re-sworn," the former jurat being left unaltered.
Using 5 2 9 . The Court or a Judge may receive any affidavit
defective
affidavit. SAvorn for the purpose of being used in any cause or
matter, notwithstanding any defect by misdescription of
parties, or otherAvise, in the title dr jurat, or any other
irregularity in the form thereof, and may direct a memo-
randum to be made on the document that it has been
received.
Special time 5 3 0 , Where a special time is limited for filing
for filing
affidavits. affidavits, no affidavit filed after that time shall be used,
unless by leave of the Court or a Judge.
Affidavit in
support of 5 3 1 . Except by leave of the Court or a Judge, no order
ex parte
applications.
made ex parte in Court or in Chambers founded on any
affidavit other than an affidavit to prove service of a docu-
ment shall be of any force, unless the affidavit, on which
the application Avas made, was actually made before the
order was applied for, and filed at the time of making the
motion.

Use In 5 3 2 . All affidavits which have been previously made

affidTvirLade ^ud read in Court upon any proceeding in a cause or
in Court. matter may be used in Chambers or vice versa.

Alterations in
accounts to be 5 3 3 . Every alteration in an account verified by affida-
initialled. vit to be left at Chambers shall be marked Avith the initials'
of the Commissioner or officer before Avhom the affidavit
is sAvorn, and such alterations shall not be made by
erasure.
Trial on Affidavits.
Time for
filing
5 3 4 . Within fourteen days after an agreement for
plaintifi's taking evidence by affidavit as between the parties has
aihdavits. been made, or within such time as the parties agree upon,
or the Court or a Judge allows, the plaintiff shall file his
affidavits, and deliver to the defendant or his solicitor
copies thereof.
 455
A.D. 1 9 0 7 .
Ss. 535-539.
CIVIL PROCEDURE CODE.

535. The defendant within fourteen days after ^™^.^°''

delivery of such copies or within such time as tlie parties defendant's
agree upon, or the Court or a Judge allows, shall file his affidavits.
affidavits and deliver to the plaintiff or his solicitor copies
thereof.
536. Within seven days after the expiration of the Affidavits IQ
last mentioned fourteen days, or such other time as afore- '^'^^^''
said, the plaintiff shall file his affidavits in reply, Avhich
affidavits shall be confined to matters strictly in reply, and
shall deliver to the defendant or his solicitor copies
thereof.
537.—(1) When the evidence is taken by affidavit, any Cross-
party desiring to cross-examine a deponent, Avho has made ofXponent.
an affidavit filed on behalf of the opposite party, may . •-
serve upon the party by whom such affidavit has been filed
a notice in Avriting, requiring the production of the
deponent for cross-examination at the trial, such notice
to be served at any time before the expiration of fourteen
days next after the end of the time alloAved for filing
affidavits in reply, or Avithin such time as in any case the
Court or a Judge specially appoints.
(2) Unless such deponent is produced accordingly, his
affidavit shall not be used as evidence, unless by the special
leave of the Court or a Judge.
(3) The party jDroducing such deponent for cross-
examination shall not be entitled to demand the expenses
thereof in the first instance from the party requiring such
production.
5 3 8 . The party to Avhom such notice as is mentioned Compelling
in section 537 is given shall be entitled to compel the for^crlTss"''
attendance of the deponent for cross-examination, in the examination.
same Avay as he might compel the attendance of a Avitness
to be examined.
5 3 9 If the person who has made such affidavit is not ^ii-oss-
. , . 1 ^ T ^ /~i ,1 1- ,• examination
withm the Settlement, the Court may, on the application if the
of the party desiring to cross-examine such deponent, f^''g°tt°Jn,''gnt
direct such cross-examination to be taken under a com-
mission, or may order the deponent to answer interroga-
tories on oath, or may admit or reject the affidavit, as to
the Court seems right, having regard to the circumstances
of the particular case.
456
A.D. 1 9 0 7 .
Ss. 540-545.
CIVIL PROCEDURE CODE.

Evidence by 5 4 9 When the evidence under this Chapter is taken

Sfof by affidavit, the notice of trial shall be given at the same
trial. time after the close of the evidence as m other cases is oy
this Code provided after the close of the pleadings.

Chapter XXV.

NEW TRIAL.

New trial. 5 4 1 . A party desirous of obtaining a new trial of any

cause or matter, on which a judgment has been given, shall
apply for the same to the Court within fourteen days after
the day on which the judgment was given.
Mode of 542.—(1) Every application for a new trial shall be
application by notice of motion, and no rule nisi, order to shoAV cause,
for new trial.
or formal proceeding other than such notice of motion,
shall be made or taken.
(2) The notice shall state the grounds of the applica-
tion, and whether all or part only of the findings or
decision is complained of.
Time for ser- 5 4 3 . The notice of motion shall be an eight days'
vice of notice
of motion. notice.
Amendment 5 4 4 . The notice may be amended at any time by leave
of notice of
motion. of the Court or a Judge, on such terms as the Court or
Judge thinks just.
Grounds of 545.—(1) No new trial shall be granted, except on the
new trial. ground of surprise, or Avhere it appears to the Court that
there is probable reason to believe that there has been for
some reason, beyond the control of the applicant, a mani-
fest miscarriage of justice.
(2) In actions Avhere a judgment directs the perform-
ance of several acts, or contains several declarations,
the Court may order a re-hearing upon any one or
more of such declarations or directions, when the same
do not go to the main issues of the action, if there is a
manifest error upon the face of the judgment, or if the
question raised by the declaration or direction in respect
of Avhich a re-hearing is asked Avas not fully argued or
gone into in evidence at the time of trial, or the Court
 457
A.D. 1 9 0 7 .
Ss. 546-552.
CIVIL PROCEDURE CODE.

may, upon the hearing of the application for such re-

hearing, order the judgment to be then and there amended,
Avithout any re-hearing.
(3) If the Court orders any such re-hearing upon any
such declaration or direction, no fresh evidence shall be
taken, unless the Court so orders.
546. A new trial may be ordered on any question. New trial
whatever the grounds may be for the new trial, without "nyTnt""
interfering with the finding or decision upon any other question.
question.
547. A new trial shall not be granted by reason of the Wrong
ruling of any Judge that the stamp upon any document sufficfency oi
is sufficient, or that the document does not require a '*^'"P-
stamp.

Chapter XXVI.
MOTION FOR JUDGMENT.
548. Except where by this Code it is provided that Judgment on
judgment may be obtained in any other manner, the 3g?^ent!
judgment of the Court shall be obtained by motion for
judgment.
549. Every referee to whom a cause or matter is judgment to
referred for trial shall direct how judgment shall be ^^f^ee^^*^*^^^
entered, and such judgment shall be entered accordingly
by the Registrar.
550. Where at a trial by a referee he has directed any Setting aside
judgment to be entered, any party may move to set aside I'^'ected'to be
such judgment, and to enter any other judgment, on the enteredby
ground that upon the finding as entered the judgment so
directed is wrong.
551. Sections 549 and 550 shall apply to a special Judgments
referee or arbitrator under an order of the Court. refereefek.
552.—(1) Where issues have been ordered to be tried. Setting down
or issues or questions of fact to be determined in any j^dg^en^
manner, the plaintiff may set down a motion for judgment •^'iiere issues
1 - i - „ l , 1 i l - i nave been
as soon as such issues or questions have been determined, directed and
tried.
458
A.D. 1 9 0 7 .
Ss. 553-555.
CIVIL PROCEDURE CODE.

(2) If he does not set doAA^n such a motion, and give

notice thereof to the other parties Avithin ten days after
his right so to do has arisen, then after the expiration of
such ten days any defendant may set down a motion for
judgment, and give notice thereof to the other parties.
AA'here some 553.—(1) Where issues have been ordered to be tried,
only of Issues
directed have or issues or questions of fact to be determined in any
been tried manner, and some only of such issues or questions of fact
any party
may apply to have been tried or determined, any party who considers
set down
action on that the result of such trial or determination renders the
motion for trial or determination of the others of them unnecessary,
judgment.
or renders it desirable that the trial or determination
thereof should be postponed, may apply to the Court or
a Judge for leave to set down a motion for judgment,
without waiting for such trial or determination.
(2) The Court or Judge may, if satisfied of the
expediency thereof, give such leave upon such terms, if
any, as appear just, and may give any directions which
appear desirable as to postponing the trial of the other
issues of fact.

Motion to be 5 5 4 . No uiotion for judgment shall, except by leave

wi'thiTone of the Court or a Judge, be set down after the expiration
year. " of oue year from the time when the party seeking to set
down the same first became entitled so to do.

Chapter X X V I I .
JUDGMENT.
Judgment, 555.—(1) When judgment, final or interlocutory, is
how entered.
entered for default of appearance, or pleading, or under
an order to enter judgment, the party entering such
judgment shall deliver to the Registrar a minute thereof
in the prescribed form, together with the proper and usual
documents to shoAV that he is entitled to enter such
judgment.
(2) The minute shall thereupon be filed, with a note
thereon of the date, hour, and minute of entry, whereupon
such judgment shall be deemed to be duly entered.
 459
A.D. 1 9 0 7 .
Ss. 556-562.
CIVIL PROCEDURE CODE.

556. When any judgment, final or interlocutory, is j^^XJ^^jif,

given by the Court, a minute thereof shall be made by the
Registrar at the time Avhen the judgment is given.
557. Whenever the Court delivers a written judg- written
ment, the original, or a copy thereof signed by the Judge, ie ml^
shall be filed, in the action or other proceeding.
558. Where any judgment is pronounced by the Court pate of
or a Judge in Court, the entry of the judgment shall be pron^nced
dated as of the day on which such judgment is pronounced, ^ Court.
unless the Court or Judge otherAvise orders, and the
judgment shall take effect from that date; provided that,
by special leave of the Court or a Judge, a judgment may
be antedated or postdated.
559. In all cases not within section 558 the entry of Date of entrj
judgment shall be dated as of the day on Avhich the otherwise.
requisite documents are left Avith the Registrar for the
purpose of such entry, and the judgment shall take effect
from that date.
560. Every judgment or order made in any cause or Time to be
matter, requiring any person to do an act thereby ordered, stated for
doing any act
shall state the time, or the time after service of the ordered to be
judgment or order, within which the act is to be done, and done.
upon the copy of the judgment or order which shall be
served upon the person required to obey the same there
shall be indorsed a memorandum in the Avords or to the
effect following :—
" I f you, the within-named A. B., neglect to obey this
judgment (or order) by the time therein limited, you Avill
be liable to process of execution for the purpose of com-
pelling you to obey the same judgment (or order)."
561. Where it is provided that any judgment may be Entry on
entered upon the filing of any affidavit or production of affidavit
any document, the Registrar shall examine the affidavit
or document produced, and, if the same is regular, and
contains all that is by law required, he shall enter judg-
ment accordingly.
562. Where any judgment may be entered pursuant to Entry on
any order or certificate, the production of such order or orde"or°" °*
certificate.
460
A.D. 1 9 0 7 .
Ss. 563 568.
CIVIL PROCEDURE CODE.

certificate, sealed Avith the seal of the Court, shall be a

sufficient authority to the Registrar to enter judgment
accordingly.
On reference
to Registrar
563. Where reference is made to the Registrar to
his certificate ascertain the amount for which final judgment is to be
to be filed. entered, the Registrar's certificate shall be filed when
judgment is entered.
Judgment by 564. In any cause or matter where the defendant has
consent where
defendant appeared by solicitor, no order for entering judgment shall
ajipears by a
solicitor. be made by consent, unless the consent of the defendant
is given by his solicitor or agent.
Where 565. Where the defendant has not appeared, or has
consent of
defendant In appeared in person, no such order shall be made, unless
person. the defendant attends before a Judge, and gives his
consent in person, or unless his Avritten consent is attested
by a solicitor acting on his behalf, except in cases Avhere
the defendant is an advocate and solicitor.
Judgment by
confession or
566.—(1) Subject to sections 564 and 565, judgment
by consent of by confession or by consent of parties may be entered up
parties. at any time.
(2) In every such case a memorandum of such confession
or consent, and of the particulars of the judgment to be
entered, shall be signed by the parties in the presence of
the Registrar, or by their solicitors authorized in writing
thereto, and filed in Court.
Settling 567. If the judgment is other than for the payment of
decree.
money, or delivery of any moveable property, or the
possession of immoveable property, or for discontinuance,
or judgment for the defendant, or for costs, the Registrar
shall, by notice in writing, summon the parties or their
solicitors before him to settle the draft of the judgment
or order, and, if any party is then dissatisfied with
the terms of the proposed decree as finally settled, he shall
state his objections in terms, Avhereupon the Registrar
shall refer the matter for determination by the Court.
Interest on
judgment
5 6 8 . Every judgment debt shall carry interest at the
debts. rate of eight per centum per annum, or at such other rate
not exceeding the rate aforesaid as the Court or a Judge
 461
A.D. 1 9 0 7 .
Ss. 569 & 570.
CIVIL PROCEDURE CODE.

directs, such interest to be calculated from the date of

judgment until the judgment is satisfied.

Chapter X X V I I I .
EXECUTION GENERALLY.

Modes of Execution.

569.—(1) A judgment or order of the Court may be ^,'5gmen°s

enforced in any of the following modes :— and orders.
(a) if the judgment or order is for the recovery by
or payment of money to any person or into
Court:
(i) by writ of seizure and sale; or
(ii) in cases where imprisonment is authorized
by this Code, by committal to prison;
(b) if the judgment or order is for the recovery or
for the delivery of the possession of immove-
able property, by writ of possession;
(c) if the judgment or order is for the recovery of
any property other than immoveable property
or money :
(i) by Avrit for delivery of the property; or
(ii) by writ of attachment;
(d) if the judgment or order is for the doing by any
person of any act other than the payment of
money or the abstaining from doing anything,
by writ of attachment;
(e) in any other case, by such means as are herein-
after provided in this Chapter.
(2) A breach of any undertaking given to the Court
may be enforced by writ of attachment.
570.—(1) If a judgment or order is for the execution For execution
of a deed, or signing of a document, or for the indorsement "ndOT^stment'
of a negotiable instrument, and the party ordered to of negotiable
execute, sign or indorse such instrument is absent, or ^''*™™''"*-
neglects or refuses so to do, any party interested in having
the same executed, signed or indorsed, may prepare a
deed, or document, or indorsement of the instrument in
462
A.D. 1 9 0 7 .
Ss. 571-574.
CIVIL PROCEDURE CODE.

accordance Avith t h e terms of the j u d g m e n t or order, a n d

tender the same to the Court for execution upon the proper
stamp, if any is required by law, and the signature thereof
by the Registrar, by order of the Court, shall have t h e
same effect as the execution, signing, or indorsement
thereof by the p a r t y ordered to execute.
Attachment (2) Nothing herein shall be held to abridge t h e
for not sign-
ing, etc. poAvers of the Court to proceed by attachment against
any person neglecting or refusing to execute, sign, or
indorse any such instrument.

Court may 5 7 1 . — ( 1 ) If a maudamus, granted in an action or

he donTat" Otherwise, or a mandatory order, injunction, or judgment
expense of f^j. ^j^g spccific performance of a n y coQtract is not
refuLg. complied Avith, the Court or a Judge, besides or instead
of issuing a w r i t of attachment, may direct t h a t the act
required to be done may be done so f a r as practicable by
the p a r t y by Avhom the judgment or order has been
obtained, or some other person appointed by the Court or
J u d g e a t the cost of the disobedient party.
(2) Upon the act being done the expenses incurred may
be ascertained in such manner as the Court or J u d g e
directs, and execution may issue for the amount so
ascertained a n d costs.

Enforcing 5 7 2 . Any judgment or order against a corporation

order^Tgainst wilfully disobcyod may, by leave of the Court or a Judge,
corporation, be enforced by w r i t of attachment against the directors
or other officers thereof.

Enforcing 5 7 3 . An aAvard may, with the leave of the Court or

award.
a Judge, and on such terms as are just, be enforced at
any time, though the time for moving to set it aside has
not elapsed.

Difficulty in
enforcing
5 7 4 . In case of any judgment or order, other than for
judgment. the recovery or payment of money, if any difficulty
arises in or about the execution or enforcement thereof,
any party interested may apply to the Court or a Judge,
and the Court or Judge may make such order
thereon for the attendance and examination of any party
or otherwise as is just.
 ; ' . : . 463
V A.D. 1 9 0 7 .
Ss. 575-578.
. ' CIVIL PROCEDURE CODE.

575.—(1) When a judgment or order is for the re- f/X°f j

coA'ery or payment of money by a corporation, the party corporation
entitled to enforce it may apply to the Court or a Judge owing^to*'
for an order that any officer of such corporation shall be ooriwration. ^
orally examined before a Judge as to whether any and
what debts are owing to the corporation, and whether the
corporation has any and what other property or means
of satisfying the judgment or order.
(2) The Court or Judge may make an order for the
attendance and the examination of such officer, and for
the production of any books or documents.
5 7 6 . Where any person is by any judgment or order Judgment or
T , i , '' '- . - i T , _f order to be
directed to pay any money, or to deliver up or transfer obeyed with-
any property, moveable or immoveable, to another, it shall out demand.
not be necessary to make any demand thereof, but the
person so directed shall be bound to obey such judgment
or order upon being duly served Avith the same without
demand.
577.—(1) Where a judgment or order is to the effect E^/oution of
1 • • T 1 T f ri- j u d g m e n t on
that any party is entitled to any relief, subject to or upon condition.
the fulfilment of any condition or contingency, the party
so entitled may, upon the fulfilment of the condition or
contingency, and demand made upon the party against
whom he is entitled to relief, apply to the Court or a Judge
for leave to issue execution against such party.
(2) The Court or Judge may, if satisfied that the right
to relief has arisen according to the terms of the judgment
or order, order that execution shall issue accordingly, or
may direct that any issue or question necessary for the
determination of the rights of the parties shall be tried
, in any of the ways in Avhich questions arising in an
action may be tried.
5 7 8 . Where any person, AA^ho has obtained any judg- Wai-verof
ment or order upon condition, does not perform or judgment or
comply with such condition, he shall be considered to °''^'^^-
have waived or abandoned such judgment or order, so
far as the same is beneficial to himself, and any other
person interested in the matter may, on breach or non-
performance of the condition, take either such proceed-
ings as the judgment or order may in such case Avarrant,
or such proceedings as might have been taken if no
 464
A.D. 1 9 0 7 .
Ss. 579-583.

CIVIL PROCEDURE CODE.

such judgment or order had been made, unless the Court

or a Judge otherAvise directs.

Writ issued 579.—(1) No writ of execution shall be issued with-

' on production
of judgment. out the production to the Registrar of the judgment or
order upon which the writ of execution is to issue, or an
office copy thereof showing the date of entry.
(2) The Registrar shall be satisfied t h a t the proper
time has elapsed to entitle the creditor to execution.

In case of 5 8 0 . The Registrar, upon being satisfied that a

doubt Regis- •"-'>.- a , jr • i i ,i . i n
trar may take porsou applying tor executiou IS entitled thereto, shall
cwf™ "^ issue the same accordingly, but in case of doubt or
difficulty he may take the direction of the Court, and in
the meanwhile refuse to issue any Avrit.
Freecipe for
writ of 581.—(1) No Avrit of execution shall be issued unless
^ execution. the party issuing it, or his solicitor, files a praecipe for
that purpose.
(2) The praecipe shall contain the title of the action,
the reference to the record, the date of judgment, and
the order, if any, directing the execution to be issued, the
names of the parties against whom or of the firm against
Avhose property the execution is to be issued, and
shall be signed by or on behalf of the solicitor of
the party issuing it, or by the party issuing it if he does
so in person.

Indorsement 582.—(1) Evcry Writ of executiou shall be indorsed

exertion. Avith the uamc and place of abode or office of business of
the solicitor actually suing out the same.
(2) Where no solicitor is employed to issue the writ,
it shall be indorsed with a memorandum expressing
that the same has been sued out by the plaintiff or
defendant in person, as the case may be, mentioning the
name of the street and number of the house of such
plaintiff's or defendant's residence, if any.
Date and 583.—(1) Every Avrit of execution shall bear date of
form of writ.
the day on which it is issued.
(2) The forms in schedule A shall be used, with such
variations as circumstances require
 465
A.D. 1 9 0 7 .
Ss. 584-588.
CIVIL PROCEDURE CODE.

584. I n every case of execution the party entitled ^^^^1^*"^^^ "*

to execution may levy the poundage fees and expenses
of execution over and above the sum recovered.

585. Every writ of execution for the recovery of ^'^^"''*^°]

money shall be indorsed with a direction to the Sheriff, interest to be
recovered to
or other officer or person to Avhom the Avrit is directed, be indorsed.
to levy the money due and payable and sought to be
recovered under the judgment or order, stating the
amount, and also to levy the interest payable thereon
under section 568.
586. Every person, to Avhom any sum of money or any Time to sue
costs are payable under a judgment or order, shall, seizur^and
so soon as the money or costs are payable, be entitled ^aie.
to sue out one or more Avrit or Avrits of seizure and sale
to enforce payment thereof, subject nevertheless as
folloAvs :—
(a) if the judgment or order is for payment Avithin
a period therein mentioned, no such Avrit as
aforesaid shall be issued until after the
expiration of such period;
(b) the Court or a J u d g e may, a t any time after the
time of giving judgment, or making an
order, stay execution until such time as it
or he thinks fit.
587. Ujwii any judgment or order for the recovery Execution of
or payment of a sum of money and costs there may be, mo^^and""
at the election of the party entitled thereto, either one oosts.
Avrit or separate Avrits of execution for the recovery of
the sum and for the recovery of the costs, but a second
Avrit shall only be for costs, and shall be issued not less
than eight days after the first Avrit,

5 8 8 . — ( 1 ) A writ of execution, if unexecuted, shall Renewal of

remain in force for one year only from its issue, unless '^"*-
renewed in the manner hereinafter provided.

(2) Such Avrit may, a t any time before its expiration,

by leave of the Court or a Judge, be renewed by the
p a r t y issuing it for one year from the date of such
renewal, and so on from time to time during the con-
Vol. II. 20
466
A.D. 1 9 0 7 .
Ss. 589 591.
CIVIL PROCEDURE CODE.

tinuance of the renewed Avrit, either by being marked

Avith a seal of the Court bearing the date of the day,
month, and year of such rencAval, or by such party giving
a Avritten notice of rencAval to the Sheriff, signed by the
party or his solicitor, and bearing the like seal of the
Court.
(3) A Avrit of execution so renewed shall have effect
and be entitled to priority according to the time of the
original delivery thereof.
Evidence of 5 8 9 . The production of a writ of execution, or of the
renewal.
notice reueAving the same, purporting to be marked with
such seal, as in section 588 mentioned, showing the same
to have been rencAved, shall be sufficient evidence of its
having been so renewed.
Execution to 5 9 0 . As bctAveen the original parties to a judgment,
s^ryelrs!'" or ordcT, exccutiou may issue at any time Avithin six
years from the date of the judgment, or order.
Leave to issue
execution In
591.—(1) In the following cases, where :—
certain cases. (a) six years have elapsed since the date of the
judgment or order, or any change has taken
place by death or otherwise in the parties
entitled or liable to execution;
(h) a husband is entitled or liable to execution upon
a judgment or an order for or against a
Avife;
(c) a party is entitled to execution upon a judgment
of assets in futuro; or
yd) a party is entitled to execution against any of
the shareholders of a joint stock company,
upon a judgment recorded against such com-
pany, or against a public officer, or other
person representing such company;
the party alleging himself to be entitled to execution
may apply to the Court or a Judge for leave to issue
execution accordingly.
(2) Such Court or Judge may, if satisfied that the
party so applying is entitled to issue execution, make an
order to that effect, or may order that any issue or ques-
tion necessary to determine the rights of the parties
 467
A.D. 1907.
Ss. 592-596, •
CIVIL PROCEDURE CODE.

shall be tried in any of the Avays in which any question

in an action may be tried.
(3) In either case such Court or Judge may impose
such terms as to costs or otherAvise as are just.
Orders en-
5 9 2 . Every order of the Court or a Judge in any forceable like
cause or matter may be enforced against all persons judgments
bound thereby in the same manner as a judgment to the
same effect.
593.—(1) Any person, not being a party to a cause Execution
or against
or matter, Avho obtains any order, or in Avhose favour person not a
any order is made, shall be entitled to enforce obedience party
to such order by the same process as if he was a party
to such cause or matter.
(2) Any person, not being a party to a cause or matter,
against Avhom obedience to any judgment or order may
be enforced, shall be liable to the same process for
enforcing obedience to such cause or matter.
594.—(1) No proceeding by audita querela shall No proceed-
hereafter be used, but any party against Avhom judg- ™|,.X*'"
ment has been given may apply to the Court or a Judge Application
for a stay of execution, or other relief, as against such to stay
execution.
judgment, upon the ground of facts Avhich have arisen
too late to be pleaded.
(2) The Court or Judge may give .such relief and upon
such terms as are just.
5 9 5 . When the Governor in\ Council has, by notifica- Transfer of
decrees to
tion in the Gazette, declared that reciprocal arrange- other Courts
ments have been entered into A^ith regard to any Court for execution.
in British India, or in any Co ony or in the Federated
Malay States, for the transfer )f judgments to or from
such Courts for execution, the (vourt or a Judge may, on
,the application of any person eititled to enforce a judg-
ment, send the judgment to anv such Court for execu-
tion accordingly; and the Court shall also execute any
judgm.ents Avhich may be sent to it by any other of such
Courts for that purpose.
596,—(1) The Court sendii1^ST a "iudgment for execu- rrooedure for
-3 executing
tion under section 595 shall seu judgments of
, , another
(a) a certified copy of the
judo'ment; Oonrt.
Vol. I I . 30A
468
A.D. 1 9 0 7 .
Ss. 597 & 698.
C I V I L P R O C E D U E E CODE.

I forth that satisfaction of

(b) a certificate settirg
the judgment aas not been obtained by
execution, or, At'here the judgment has been
^l' vi executed in par;, the extent to AAdiich satis-
faction has beer obtained, and Avhat part of
the judgment reiiains unexecuted;
(c) a certified copy of any order for the execution
of the judgment and, if no such order has
been made, a certificate under the seal of the
Court to that ef ect; and
(d) security for the costs of execution;
and the Court shall cause such copies and certificate to
be filed.
(2) The Court shall have the same poAvers in execut-
ing a judgment so sent as i ' it had been made by itself,
and all persons disobeying )Y obstructing the execution
shall be punishable by the Court in the same manner as
if it had made the judgmen .
(3) The Court shall certify to the Court which sent
the judgment the fact of sqch execution, or, Avhere it
fails to execute, the circumstances attending such
failure.

Application 597.—(1) If a judgment or order has been made

by joint jointly in faA'our of more r)ersoiis than one, any one or
iudgment ' ' r> i i • .i . , ••
creditors. luorc ot such ])ersons, or his or their re{)resentatives,
may a])ply to a Judge for the execution of the Avhole
judgment or order for the benefit of them all, or, where
any of them has died, for the benefit of the survivors
and the representatives in interest of the deceased.
(2) If the Judge sees sufficient cause for alloAving the
judgment or order to be executed on an application so
made, he shall make such order as he deems necessary
for protecting the interests of the persons Avho have not
joined in the application.
Entry of Satisfaction.
I^tllULn 598.—(1) Any person, who has paid and satisfied a
by'consent! judgment debt, may apply to the Registrar to enter satis-
faction in the Cause Book.
(2) The Registrar, upon being satisfied by the consent
in Avriting of the judgment creditor, attested by his
 469
A.D. 1 9 0 7 .
Ss. 599 604.
CIVIL PROCEDURE CODE.

solicitor, or, if he has not employed a solicitor, then veri-

fied and attested or acknowledged in such manner as the
Registrar reasonably requires, shall enter satisfaction
accordingly.
(3) The consent shall be filed.
599.—(1) If a judgment creditor refuses or neglects AVhere con-
sent refused.
to give such consent when applied to, or cannot be
found, the judgment debtor may apply to a Judge at
Chambers on summons, supported by affidavit, or such
other evidence as is reasonably required, for an order
that satisfaction shall be entered.
(2) If upon such application the Judge is satisf.ed
that the judgment creditor, if served, has no reasonable
ground for refusing or neglecting to give such consent,
an order may be made that such judgment creditor shall
pay the costs of and incidental to the application.

Duties of Sheriff as to Execution of Writs.

6 0 0 . Whenever any writ of execution is lodged with indorsement
the Sheriff, he shall forthwith indorse thereon the day, shCTik '^
hour, and minute of such lodgment.
6 0 1 . The Sheriff or other officer named in a writ of Date of
attachment or an order to arrest shall, within two days ^"'^**v
after the arrest, indorse on the writ or order the true
' date of such arrest.
6 0 2 . Writs of seizure and sale, or of possession or Execution ot
delivery, or of distress, or orders for attachment of pro- "writs, when
maj'""be""""
made
• perty, may be executed at any time after the hour of six
in the morning and before the hour of six in the
afternoon.
6 0 3 . The Sheriff shall, when anv defendant is Duty of
arrested before or after judgment under an order of on Executing
arrest, explain to such defendant that he is entitled to order of
be discharged on giving security.
6 0 4 . The Sheriff, in executing any Avrit of seizure and Special
sale, possession, delivery, or distress, or any order for s S . * "
attachment of property, may
(a) force open any stable, out-house, store, or other
building;
470
A.D. 1 9 0 7 .
Ss. 605-608.

CIVIL PROCEDURE CODE.

(b) enter any house the outer door of Avliich is open;

and
(c) break open the door of any room in such house,
for the purpose of seizing property liable to
seizure or attachment under this Code,
Court may
order forclblo 6 0 5 . The Court or a Judge mav, on being satisfied
entry. that there are no reasonable means of executing any
Avrit or order Avithout breaking open the outer doors or
Avindows of any building, make an order in writing
authorizing the Sheriff to break open, or have broken
open, such doors or AvindoAvs, taking all clue precautions
for the protection of the property in the premises, and
infoi'ming the OAvner or persons in the premises before
acting on the order that he has such order, if such oAvner
or persons is or are to be found,
When police 6 0 6 . Any police officer may seize and detain, until
officer may
interfere. due inquiry can be made, all carts, hand-carts, and car-
riages, and all persons engaged, hetAveen the hours of
six ill the evening and six in the morning, in removing
the furniture of any j^remises, Avhenever he has good
grounds for believing that such removal is made for the
purpose of evading execution, attachment, or distress.

Time for 6 0 7 . The Sheriff shall, unless he is of opinion that he

return of
writs by- has good cause to the contrary, return all Avrits delivered
Sheriff. to him for execution as follows : —
(a) every Avrit of possession Avithin four days after
the execution thereof;
(b) every writ of seizure and sale, if completely
executed, within four days after such com-
plete execution; and if only partially
executed, Avithin four days after service of a
written notice from the execution creditor
on him to return it;
(c) every other writ of execution, if no time has
been fixed in the Avrit for its return, within
twenty-four hours after the execution or
service thereof; and, if a time has been fixed,
at the time so fixed.
Payment to 6 0 8 . The Sheriff shall, after the complete or any
credhor." partial executiou of every writ, and subject to section 49
 471
AD. 1 9 0 7 .
Ss. 609 611.
CIVIL PROCEDURE CODE.

of Ordinance No. 44 (Bankruptc}^) pay or deliver

over to the execution creditor all moneys or property
levied or seized by or paidXo the Sheriff under the writ,
and to which the execution creditor is entitled, within
eight days after such complete 'or partial execution.
6 0 9 . If the Sheriff is of opinion that he has s'ood ^^^""ZK^y
n . , . ^. , . , ^ Sheriff to
cause tor not returning any Avrit, or making such pay- return writ,
ment or delivery, he shall
(a) Avithin four days after service of a written
notice on him so to do from the party Avho
issued the Avrit, serve such ])arty with a
Avritten notice stating that the Sheriff refuses
to make such return, payment or delivery,
• and setting out fully the causes on Avhich he
intends to rely for his not so doing; and
(/;) Avithin the said time, affix a copy of such notice
on a conspicuous part of his office, and
another copy thereof on a conspicuous part
of the Registrar's office, Avhich said copies
shall be kept so affixed for eight days.
6 1 0 . The Sheriff shall, Avithin IAA^O days after appli- Memorandun-
cation by the execution creditor or debtor or any adverse furnished by
claimant of the property seized by him, furnish to such sheriff.
applicant a memorandum intituled in the cause or pro-
ceeding in which the seizure was made, and stating
(a) the date of the delivery for execution of the
writ under Avhich the seizure was made;
(b) the amount of the judgment debt for which the
writ was issued;
(c) the gross proceeds of the sale or realisation of
the property seized;
(d) the amount of the Sheriff's fees, poundage, and
expenses, which he is entitled to retain there-
from; and
(e) the Ijalance available for the execution creditor's
debt.
6 1 1 . The Sheriff shall, upon application in office Sheriff to
hours, allow the execution creditor or debtor, or any ins°pTction of
adverse claimant, full liberty from time to time to inspect j,^''™*"^^
and copy free of expense the inventory of the property IsS^^ ^
 472
A.D. 1 9 0 7 .
Ss. 612-616.
CIVIL PROCEDURE CODE.

seized, the account, sale, or other disposal thereof, the

particulars of the Sheriff's fees, poundage, and expenses,
with all vouchers respecting the premises, or any of
them, and also to inspect and copy all copies of such
inventory in the Sheriff's possession, and the rough
drafts, original memoranda, or notes first made by him
or any of his subordinates in the matter.
Slieriff to
give informa- 6 1 2 . The Sheriff shall also on application give or
tion of cause to be given by his subordinates to the execution
property
seized. creditor all information in his power respecting the
property seized, the time, j^lace, and particulars of the
seizure, all adverse claims thereto, and all other par-
ticulars in his or their knoAvledge, information, or
belief which are demanded.

Account to be
furnished.
613. The Sheriff shall annex to his return to all Avrits
a detailed account of the property seized under it, thfe
sale price thereof, or the amount Avhich it realized, the
Sheriff's fees, poundage, and expenses, and the disposal
of the net proceeds, or of the property itself under the
Avrit.
Person 614. (1) A n y person thinking himself aggrieved by
aggrieved by
action of any non-observance by the Sheriff of any duty imposed
Sheriff may
apply to on him by this Chapter may apply to the Court by
Court. motion calling on the Sheriff to do or perform the act or
duty required.
(2) The Sheriff shall, within two days after service of
the notice of motion, file a detailed statement of the
cause or causes of his refusing compliance, and the
Court, on the hearing of the motion, shall make such
order as is just.

Enlargement 6 1 5 . The tiincs fixcd in the foregoing sections for

of time. doing or performing any act or duty may be enlarged
from time to time as occasion requires, if the Court or
a J u d g e thinks fit to do so. i

Service upon 616. All applications and notices to the Sheriff under
Sheriff.
this Code made or served during office hours at the
Sheriff's office shall be deemed sufficiently made or served
on the Sheriff.
 473
A.D. 1 9 0 7 .
Ss. 617 & 618.
CIVIL PROCEDURE CODE.

Chapter XXIX.

WRITS OF EXECUTION.

Writ of Seizure and Sale.

617.—(1) The folloAving property is liable to be '^^''1'*^^™'.^
seized under a Avrit of seizure and sale, viz. :—lands, seTze^d."'^
houses, goods, money. Government and bank notes,
cheques, bills of exchange, promissory notes. Govern-
ment and Municipal securities, bonds, or other securi-
ties for money, shares in the capital or joint stock or
debentures of any public company or corporation,
debts, and except as hereinafter mentioned, all other
saleable property, moveable or immoveable, belonging to
the judgment debtor, or over which, or the profits of
Avhich, he has a disposing power, which he may exercise
for his own benefit, and whether the same is held in the
name of the judgment debtor, or by another person in
trust for him, or on his behalf.
(2) The following property is not liable to seizure
under such writ: —
(a) the wearing apparel and bedding of the judg-
ment debtor or his family, and the tools and
implements of his trade, when the value of
such apparel, bedding, tools, and implements
does not exceed fifty dollars;
(b) the wages or salary of the judgment debtor;
(c) any pension, gratuity or allowance granted by
the Government;
(d) the share of the judgment debtor in a partner-
ship, as to which the judgment creditor is
entitled to proceed to obtain a charge under
53 & 64 A'let.
section 23 of the Partnership Act, 1890. c. 39.

6 1 8 . Where the property to be seized consists of Moveable

moveable property or negotiable instruments in the pos- neg?.tiabie"'^
session of the judgment debtor, the Sheriff shall actually instruments.
seize and keep the same in his custody, and shall be
responsible for the due custody thereof.
474
A.D. 1 9 0 7 .
Ss. 619 & 620.
CIVIL PROCEDURE CODE.

Immoveable 619.— (1) Where the property to be seized consists

property.
of immoveable property or any interest therein, either
at laAV or in equity, the seizure shall be made by regis^-
tering, under Ordinance No. 148 (Registration of Deeds),
an order of Court, signed by the Registrar and sealed
Avith the seal of the Court, attaching; the interest nf the
judgment debtor in the property described in the order.
(2) The order shall be made ex parte by the Registrar
on a written requisition by the judgment creditor, and
shall be deemed to be an order of Court by which the
property in it is affected, and an assurance for valuable
consideration within the meaning of the said Ordinance.
(3) The Court or a Judge may at any time order the
release of property seized under this section and such
order shall be registered under the said Ordinance.
(4) Where the property is situate in a Settlement or
part of a Settlement in which the said Ordinance is not
in force, seizure and release under this section of such
property shall be made by filing the order of Court in the
Registry.

Securities 620.—(1) Where the property to be seized consists of

and shares. Government or Municipal securities, or the shares or
debentures of any public company or corporation,
standing in the name of the judgment debtor, the seizure
shall be made by a notice in Avriting signed by the
Sheriff attaching such securities, shares, or debentures.
(2) One copy of such notice shall be sent to the judg-
ment debtor, and another to the proper officer of the
Government, Municipality, company, or corporation.
(3) On receipt of such copy notice the judgment debtor
shall hand over to the Sheriff the certificate relating to
such securities, shares, or debentures if the same is in his
possession or shall state to the Sheriff the name of the
person in Avhose possession it is.
(4) The Sheriff shall, if he ascertains that the certifi-
cate relating to any securities, shares, or debentures
seized by him is in possession of any person other than
the judgment debtor, send a copy of the notice to such
person.
 475
A.D. 1 9 0 7 .
Ss. 621-623.
CIVIL PROCEDURE CODE.

(5) Such seizure shall have the same effect as if the

judgment debtor had executed a transfer to the Sheriff
qf his beneficial interest in such securities, shares, or
debentures.
621.—(1) Where the judgment debtor is beneficially Property in
interested in any moneys, securities for money, goods, person other
chattels, or other property, or rights, or claims whatso- than the
ever, in the custody or under the control of, or against debtoT"*
au}^ other person Avithin the Colony, or Avhere the other
person, hereinafter called the garnishee, is indebted to
the judgment debtor, the Sheriff shall seize the same by
giving a notice in Avriting to the garnishee.
(2) Property under the control of any public officer in
his official capacit}^ shall be seized only Avith the consent
of the Attorney-General or Solicitor-General, or in a
Settlement from Avhich both are absent Avith the consent
of the Senior Executive Officer present in the Settlement.

6 2 2 . If any judgment debtor has any interest in any Properly in

property which is standing in the name of the Account- Jit^ountant-
ant-General, or in the dividends, interest, or annual General.
produce thereof, the Court or a Judge may order the
interest of the judgment debtor in such prope ly, or a
sufficient part thereof to be paid to the Sheriff.

623.—(1) If the judgment debtor has any property. Appointment

liable to be seized under a Avrit of seizure and sale, hywa^ot'
Avhich the Sheriff' is unable to seize by any of the modes equitable
hereinbefore provided, the Sheriff or the judgm.ent otherorder.'
creditor or his solicitor may apply to the Court or a
Judge for the appointment of himself, or some other
person on his behalf, as Receiver by Avay of equitable
execution or for the sale of such property.
(2) The Court or Judge may make such order as is
just or convenient.
(3) The Court or Judge, in determining Avhether it is
just or convenient that such order should be made, shall
have regard to
(a) the amount of the debt claimed by the applicant;
(b) the amount which may probably be obtained by
the receiver or in respect of the sale; and
(c) the probable costs of the proceedings;
476
A.D. 1 9 0 7 .
Ss. 624-627.
CIVIL PROCEDURE CODE.

and may, if it seems fit, direct any inquiries to be made

on these or other matters before making the order.

Alienation 6 2 4 . After a seizure has been made by actual seizure,

after seizure
void. or by order of Court, or notice, or otherwise, any aliena-
tion without leave of the Court or a Judge of the pro-
perty seized, Avhether by sale, gift, mortgage, or
otherAvise, and any payment of the debt, or any transfer
or payment of the shares or dividends to the judgment
debtor or any other persons during the continuance of
the seizure, shall be void as against all claims enforce-
able under the seizure.

Sale of 625.—(1) When moveable property in the possession

moveable
property by
of the judgment debtor has been seized, the Sheriff shall
Sheriff. proceed to sell the same.
(2) When moveable property, to Avhich the judgment
debtor is entitled, is subject to a lien or right of any
person to the immediate possession thereof, the Sheriff
may sell the property, subject to the lien or right.

Sales of 6 2 6 . Where the Sheriff sells the property of a debtor,

property, under a Avrit of seizure and sale, for a sum exceeding
exceeding
§100 in value one hundred dollars excluding legal incidental expenses,
to be by
public the sale shall, unless the Court or Judge from which the
auction. process issued otherAvise orders, be made by an auctioneer
licensed to conduct sales under Ordinance No. 95 (Auc-
tioneers' Licences) or other statutory provision for the
licensing of auctioneers and not by private contract, and
shall be publicly advertised by the Sheriff on and during
three days next preceding the day of sale.

Securities 627.—(1) Where Government or Municipal securi-

and shares to ties, or shares, or debentures of any public company or
be sold
through a corporation, have been seized, the Sheriff shall, if in
broker.
possession of the certificate relating to such securities,
shares or debentures, sell and dispose of the same through
a broker or in such manner as the Court oi* a Judge
directs.
(2) If the certificate is not in the possession of the
Sheriff he may apply to the Court or a Judge for direc-
tions as to the proceedings, if any, Avhich he is to take.
 477
A.D. 1 9 0 7 .
Ss. 628-632.
CIVIL PROCEDURE CODE.

6 2 8 . Where a negotiable instrument has been seized j^^shTrffi^of

the Sheriff may, at his option, proceed to recover the aLunTof"
amount due thereon under section 640, or he may sell "Jft°^^g^t
and dispose of the same through a broker unless the
Court or a Judge otherwise orders.

629.—(1) Where the property sold consists of move- delivery to

able property m the possession of the judgment debtor, moveable
or to the immediate possession of Avhich the judgment fn^e^^^eeutfo^n'
debtor is entitled, and of Avhich actual seizure has been '" ^^^'^"'"""
made, the property shall be delivered to the purchaser.
(2) Where the property sold consists of moveable pro-
perty to Avhich the judgment debtor is entitled, subject
to a lien or right of any person to the immediate posses-
sion thereof, the delivery to the purchaser shall, as far
as practicable, be made by the Sheriff giving notice to
the person in possession prohibiting him from deliver-
ing possession of the property to any person except the
purchaser.

630. Where the iDroperty sold consists of Govern- I'rohibitory

i •» r • • 1 • • 1 T 1 f order m case
ment or Municipal securities, or shares or debentures of of debts,
any public company or corporation, the Court or a Judge debentures''
shall, on the application of the purchaser, make an order -
prohibiting the person in whose name the securities,
shares, or debentures are standing from making any
transfer of the shares to any person except the pur-
chaser, or receiving payment of any dividends thereon,
and the proper officer of the Government, Municipality,
company, or corporation from permitting any such
transfer, or making any such payment, to any person
except the purchaser.
631. Where the property sold consists of a nego- Delivery of
tiable instrument of Avhich actual seizure has been made, Sument
such negotiable instrument shall be delivered to the ^oidim
c) execution.
execu
purchaser.
632.—(1) Where the Sheriff has seized any immove- Saieof
able property he shall forthAvith give notice of such propeHy.^^*
seizure to the judgment debtor, or, if the judgment
debtor cannot be found, he shall affix notice of seizure
upon some part of the immoveable property seized.
 475
A.D. 1 9 0 7 .
Ss. 633 637.

CIVIL PROCEDURE CODE.

(2) After the expiration of fourteen clays from the

service or affixing of the notice of seizure the Sheriff
shall ])roceed to sell the pro])erty.

Property in 6 3 3 . Where immoveable property is in the possession

possession of
person other of any person other than the judgment debtor, the
than Sheriff shall sell, under ])articulars and conditions of
judgment
debtor. sale approved of by him, the right, title, and interest of
the debtor.
Property in
possession of 6 3 4 . The Sheriff may ])ut the purchaser in possession
judgment of any immoveable property, sold under a Avrit of
debtor.
seizure and sale, of Avhich the judgment debtor is in the
actual possession and of which actual deliA^ery can be
made.
Raising of
judgment 6 3 5 . When the property consists of immoveable
debt by pro])erty, if the judgment debtor satisfies the Court or a
mortgage,
etc.^of Judge that there is reasonable ground to believe that
immoveable the amount of the judgment may be raised by mortgage
. property
seized. of the ])roperty, or by letting it on lease, or by dispos-
ing by private sale of a portion of it, or of any other
property belonging to the judgment debtor, the Court
or Judge may, on the application of the judgment
debtor, postpone the sale of the propertv for such period
as it thinks fit, in order to enable the judgment debtor
to raise the amount.

Appointment 6 3 6 . — (1) Where the property seized consists of

of manager
of Immove- inunoveable property, the Court or a Judge may appoint
able property a manager of such pro[)erty, Avith poAver to collect the
seized.
rents or other profits and receipts of such property, and
to execute such deeds or other instruments in Avriting as
are necessary for the purpose, and to ])ay and a])ply
such rents, profits, and receii^jts toAvards the payment of
the judgment and costs.
(2) Whenever a manager is appointed under this
section, he shall render, from time to time, due and
pro])er accounts of his disbursements as the Court or a
Judge directs.

Execution of 6 3 7 . If the executiou of a transfer by any person in

share etc". Avhose uaiiie any Government or Municipal securities or
any shares or debentures in any company or companies
 479
AD. 1 9 0 7 .
Ss. 638-640.
CIVIL PROCEDURE CODE.

are standing, or the indorsement by any person of a

negotiable instrument, or the execution by any person of
any deed or other instrument relating to immoveable
property, or any.interest therein, is lawfully required
to give effect to any sale in execution of a judgment, or
order, the Sheriff may
(a) execute such transfer;
(b) indorse such negotiable instrument;
(c) execute such deed or other instrument.

6 3 8 . The execution of such transfer, the indorsement Effect of

of such negotiable instrument, and the execution of such
deed or other instrument by the Sheriff shall have the
same effect as the execution and the indorsement by the
person whose execution or indorsement is so as aforesaid
required.

6 3 9 . Until the execution of such transfer, or the Dividend or

Interest.
indorsement of such negotiable instrument, the Court or
a Judge may by order appoint the Sheriff, or some other
person on his behalf, to receive any dividend or interest
due in respect of such Government or Municipal securi-
ties, shares, debentures, or negotiable instruments.

Garnishment.
6 4 0 . From the time of the service upon the garnishee proi)erty
of a notice of garnishment, all property Avithin the attached.
Colony, other than immoveable property, or any interest
therein, to Avhich the judgment debtor is beneficially
entitled, and other than property not liable to seizure,
Avhether solely or jointly Avith others, and Avhich, at the
time of the service of the notice, or at any time before
the same is dissolved, is or shall be in the custody
or under the control of the garnishee, and all debts
OAving or accruing from the garnishee to the judgment
debtor, at or during such time as aforesaid, shall, to the
extent of the judgment debtor's interest therein, and
subject to Crown debts and to any bona fide prior title
thereto, or lien or charge thereon, and to Ordinance No.
44 (Bankruptcy), be respectively attached in the hands
of such garnishee.
 480
A.D. 1 9 0 7 .
Ss. 641-644.
CIVIL PROCEDURE CODE.

^spoiing°of 641.—(1) Any garnishee Avho, Avithont leave or order

ijroperty" of the CoLirt, at ally time after the service of notice, and
attached. bcforc the attachment is dissolved, knowingly and
Avilfully parts Avith the custody or control of any pro-
perty attached in his hands, or removes the same out
of the Settlement, or sells or disposes of the same, or
pays over any debt due by him to the Sheriff, except
only to the Sheriff, shall be liable to attachment, and
shall pay such damages to the judgment creditor as the
Court awards.
Proviso. (2) The Court shall not aAvard a larger amount of
damages than it is competent to decree in a suit for
damages.
(3) Such aAvard shall bar any suit for such damages.

Garni ahue 6 4 2 . If the garnishee does not pay the amount clue
may be
summoned. or deliver the property attached, the Sheriff may, with-
out application to the Court, summon him before the
Court or a Judge, to be examined as to any property of
the judgment debtor which may be in his possession,
custody, or control.

Investigation 643.— (1) Upon the return of the summons, and at

attached. -any adjournment thereof, the garnishee shall he
examined touching the property Avliich has been attached
in his hands.
(2) The Court or a Judge may, of its or his OAvn
motion, or at the instance of any person interested in
the inquiry, summon any person Avhom it or he thinks
necessary, and examine him in relation to such property,
and may require the garnishee, as Avell as the person
summoned as aforesaid, to produce all deeds and docu-
ments in his possession or power relating to such
property.
Order 6 4 4 . The Court or a Judge may, upon such investi-
thereon.
gat ion order that
(a) any such part of the property attached as con-
sists of money and bank notes, or a sufficient
part thereof, shall be paid over to the Sheriff";
or
 481
AD. 1 9 0 7 .
Ss. 645 648.
CIVIL PROCEDURE CODE.

(b) any part of the property so attached as does not

consist of money or bank notes, so far as is
necessary for the satisfaction of the judg-
ment, shall be sold; and
(c) the money Avhich is realized by such sale,
or a sufficient part thereof, shall be applied
in satisfaction of the judgment; and
(d) the attachment shall be dissolved, on satisfac-
tion being made.

645. If the garnishee does not appear on the sum- Personal

mons, or does not dispute his liability, or fails to comply garnish^'ee"
with the order of the Court or Judge, the Court or a
Judge may order execution to issue against him for the
amount of the property attached in his hands, or for
such part thereof as is sufficient to satisfy the judgment
and all costs of the proceedings; and execution may
issue accordingly.

646. If the garnishee disputes his liability, the Court '^2im

or a Judge may order that any igsue or question, neces- diFputed
sary for determining his liability, shall be tried or deter-
mined on an issue betAveen the Sheriff' and the garnishee,
or, with the consent of the parties, may dispose of the
question betAveen them in a summary manner.

647. Whenever there are several claimants to any where

property attached or to any interest therein, the Court claimants to
or a Judge may, in its or his discretion, summon before ^[^"^^^5^*^
it or him all the claimants, and may make such orders, as
in section 646 mentioned, for the ascertaining of their
respective rights, and for the custody of the property
in the meanwhile, or, with the consent of the parties,
may dispose of the adverse claims in a summary manner.

648. The payment of debts, or the deliyery of pro- 2l^^l°l

perty, by the garnishee, under a notice from the Sheriff discharge
or by an order of the Court or a Judge, or on execution g^'iis'iee.
levied upon him in respect thereof, shall be a valid
discharge, as against all claimants, of such debts or
property, although the attachment is set aside or the
judgment reversed.
Vol. II. 31
482
A.D. 1 9 0 7 .
Ss. 649-653.
C I V I L P R O C E D U R E CODE.

A ttachment
may be
6 4 9 . The garnishment may be dissolved at any time
dissolved by order of the Court or a Judge, or, in case the Sheriff
at any time consents, it shall be dissolved ipso facto on the filing in
Court of a memorandum of such consent, signed by him
in the presence of the Registrar, or signed by his
solicitor.
When
garnishment
650.—(1) If the Sheriff does not make such applica-
cancelled tion to the Court or a Judge, as is provided in section
after four
months.
642, or otherAvise proceed with the garnishment, Avithin
four months from the time of service of the notice of
garnishment under section 640, the notice of garnish-
ment shall be held to be ipso facto cancelled, and no
fresh notice of garnishment shall be served in the same
matter on the same person, Avithout leave of the Court
or a Judge.
Notice to (2) As soon as any notice of garnishment has become
garnishee.
cancelled under this section, notice thereof shall be given
by the Sheriff to the garnishee.
Stay of
proceedings 6 5 1 . The Court or a Judge may stay proceedings, in
against
garnishee.
any proceeding commenced against a garnishee in respect
of property attached in his hands, upon such terms as
it or he thinks fit.
Allowance to 652.—(1) The Court or a Judge may alloAV a reason-
garnishee for
attendance, able sum to a garnishee for costs and expenses, and for
etc. compensation for his attendance and loss of time, in any
case in which it appears to the Court or Judge that such
costs, expenses, or compensation should in justice be
allowed to the garnishee.
(2) The amount so allowed shall be paid by the person
enforcing the attachment, and may be recovered as costs
of execution, unless the Court or Judge otherAvise
directs.
Writ of Possession.
Writ obtained
on proof of
6 5 3 . Where by any judgment or order any person
service of therein named is directed to deliver up possession of any
judgment
and default. immoveable property to some other person, the person
prosecuting such judgment or order may, without any
order for that purpose, sue out a Avrit of possession, on
filing an affidavit shoAving due service of such judgment
or order, and that' the same has not been obeyed.
 483
AD. 1 9 0 7 .
Ss. 654-657.
CIVIL PROCEDURE CODE.

6 5 4 . Upon any judgment or order for the recovery of ?j^^t'^Uor

any immoveable property and costs, there may be either ieco'v'^ry of""^
one writ or separate writs of execution for the recovery immoveable
J} . . [ , , , 1 . r . 1 property and
ot possession, and for the costs, at the election of the costs.
successful party.
Writ of Delivery.
655.—(1) A Avrit of delivery may direct the Sheriff J^y'^°%
to cause the property recovered by the judgment or order JJJveJyot
to be returned to the plaintiff Avithout giving the defen- p^perty
T , ., . „ ' . . D t o . other t h a n
dant the option ot retaining the property upon paying immoveable
the value assessed, if any, or at the option of the plaintiff ^''"^gy'^^' ""^
it may further direct that, if the property cannot be
found, the Sheriff shall cause to be made by seizure and
sale of the defendant's property the assessed value, if
any, of the property.
(2) When a writ of delivery is issued the plaintiff fo^costslud
may either by the same or a separate writ of execution interest.'
be entitled to haA^e made of the defendants' goods the
costs awarded and interest thereon.
Writ of Attachment.
6 5 6 . No Avrit of attachment shall be issued Avithout ^PP/^^^^'"^
leave of the Court or Judge to be applied for on notice issue'writ of
to the party against Avhom the attachment is to be attachment.
issued.

Chapter X X X ,
ARREST AND EXAMINATION OF JUDGMENT
DEBTORS.
6 5 7 . Where a judgment for the payment of money Arrest after
remains wholly or m part unsatisfied, whether a writ of •''' ^'"®''*'
execution has issued or not, the Court may order the
debtor to be arrested, and brought before the Court at
such time as it orders for examination as hereinafter
provided, if it appears to the Court that there is pro-
bable reason for believing, having regard to his conduct,
or the state of his affairs, or otherAvise, that he is likely
to leave the Colony or Settlement, with a vioAv of avoid-,
ing payment of such money or of avoiding examination
in respect of his affairs.
Vol. I I . ' 2^*
 484
A.D. 1 9 0 7 .
Ss. 658-662.
CIVIL PROCEDURE CODE.

Summons 658.—(1) Any judgment creditor, instead of apply

instead of
arrest. ing for an order under section 657, may, without any
application to the Court, summon the judgment debtor
to be orally examined before the Court respecting his
ability to pay or satisfy the claims of the judgment
creditor.
Applications
to be by
(2) Applications under this section shall be by sum-
summons. mons, specifying the date and other particulars of the
judgment or order for non-payment or non-compliance
Avith which the application is made, together with the
amount due, and every such summons shall be served
personally on the judgment debtor.
(3) The issuing of such summons shall not prevent the
judgment creditor from applying to the Court for an
order of arrest under section 657.

Proceedings 6 5 9 . On the appearance of the judgment debtor

on appear-
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 judgment creditor, 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 Avhich
he has made of such property.

Subpoena for 6 6 0 . The judgment creditor may subpoena as a

witness.
Avitness any person Avhom he considers likely to be able
to afford information respecting the debtor's ability to
pay the money directed to be paid, or respecting his
property.

Production 6 6 1 . The judgment debtor shall produce all books,

of boolis and
papers. papers, and documents in his possession or poAver relat-
ing to property applicable to such payment.

Examination 662.—(1) Whether the judgment debtor appears or

of witnesses.
not, the judgment creditor and other witnesses may be
examined on oath respecting the matters aforesaid.
(2) The Court, if the judgment debtor does not appear,
may order him to be arrested, or may proceed to make
an order against him ex parte.
 . 485
A.D. 1 9 0 7 .
Ss. 668-666.
CIVIL PROCEDURE CODE.
6 6 3 . The Court may adjourn the examination from Adjournment
.• , ,• T .- „'^ 1 . T a n l securiiy.
time to time, and require from the judgment debtor such
security for his appearance at the adjourned hearing as
it thinks fit, and, in default of his finding security, may
order him to be detained in custodv until the adjourned
hearing, or, if in custody, may discharge him therefrom.
6 6 4 . The Court may, upon such investigation as iiteiimorder.
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 judgment or
order, as it thinks expedient.

665.—(1) Upon such investigation the Court may Commitment

either discharge the judgment debtor, or commit him to 'op"^on.
the civil prison for a term which may extend to six weeks
or until payment of the judgment debt, or may order the
judgment debt to be paid by instalments.
(2) If the judgment debtor makes default in the pay-
ment of any instalment, the judgment creditor may serve
upon him personally a notice calling upon him to show
cause why he should not be committed to prison for such
~ default, and thereupon, if no sufficient cause is shoAvn,
the Court may commit him to the civil prison for a terra
which may extend to six weeks or until payment of the
instalment or instalments due.

(3) No judgment debtor shall be ordered to undergo

imprisonment under this section, unless it is proved that
he has, since the date of the judgment, or of the order
directing payment by instalments, had sufficient means
to pay the judgment debt or instalment.

6 6 6 . Where it is made to appear to the Court upon ^„°'^/„'^™'

such investigation that any judgment debt has arisen special cases.
through default
(a) by - an executor, administrator, trustee, or
person acting in a fiduciary capacity, who
is ordered to pay, by any civil Court, any
sum which is or has been in his possession, or
under his control;
486
A.D. 1 9 0 7 .
Ss. 667-671.
CIVIL PROCEDURE CODE.

(b) by an advocate and solicitor in payment of

costs, when ordered to pay costs for miscon-
duct as such advocate and solicitor or in
payment of a sum of money, when ordered to
pay the same in his character of an officer of
the Court; or
(c) in payment of any debt due upon a judgment
recovered in an action for seduction,
defamation, assault, malicious prosecution,
arrest, or other malicious injury;
the Court may order the debtor to undergo imprisonment
of either description for a term which may extend to six
months or until payment of the debt.
Discharge or 6 6 7 . The Court may discharge or vary any order made
suspension of
order. under this Chapter, or may suspend its operation.
Order for 6 6 8 . Every order of commitment and of arrest shall
commitment
or arrest. bear date of the day on which it was made, and shall
continue in force for one year from such date and no
longer, but it may be renewed in the manner provided for
the renewal of writs of execution by section 588.
Imprison-
ment not to
6 6 9 . No imprisonment under this Chajpter or Chapter
operate as XXXI. shall operate as satisfaction or extinguishment of
satisfaction. 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.
Certificate of
satisfaction. 6 7 0 . Every judgment creditor, upon his debt and
costs being satisfied by payment or otherwise, shall, if
the debtor has been imprisoned, forthwith lodge, with
the Superintendent of the Prison in which he is confined,
a certificate of satisfaction, signed by him and attested
by the Registrar, in default whereof the debtor, or any
person on his behalf, may apply to the Court or a Judge
by summons, returnable instanter or as the Court or
a. Judge alloAvs, for an order for his discharge, and
the Court or Judge may order that the costs of the appli-
cation shall be paid by the judgment creditor.
Effect of
order for 6 7 1 . Any certificate of satisfaction or order of the
discharge of
prisoner.
Court or of a Judge for the discharge of a prisoner under
 - 487
A.D. 1 9 0 7 .
Ss. 672-674.
CIVIL PROCEDURE CODE.

this Chapter shall be a sufficient authority to the Sheriff'

and Superintendent of the Prison for such discharge, s>;.
far as concerns the action or suit to which such order
relates.

672.—(1) The person at AA^hose instance any order for Subsistence

arrest or imprisonment, Avhether before or after judg- anoe'^money'.
ment, or any writ of attachment for the arrest of any
person for the non-payment of money in the nature of
civil process, is issued, shall, previously to the arrest
being made, deposit with the Sheriff, or other officer to
Avhom such order or writ is delivered for the purpose
of executing the same, a sum of money sufficient to
provide for the subsistence of the defendant for the period
of thirty days at the rate of twenty cents a day, or for
the period of imprisonment whichever is the least.
(2) Such sum, or so much thereof as is necessary, shall
be applied by the Sheriff or other officer for the sub-
• sistence of the person arrested, from the time of the
arrest until he is lodged in the prison, and the balance,
if any, shall be deposited by such Sheriff or other officer
with the keeper of the prison to which the person arrested
is committed.
(3) The Court making an order for arrest or imprison-
ment may direct the person at whose instance the order
is made to deposit Avith the Sheriff or other officer as
aforesaid previously to the arrest a sum for the convey-
ance of the defendant before it.
6 7 3 . The Sheriff, or such other officer by Avhom an ^^5^^*^°^^'"
arrest is made by virtue of any such order or writ, shall, arrest.
before or forthwith after the defendant is lodged in
prison, give notice of the arrest, and of the date on which
the same was made, to the judgment creditor or his
solicitor.

674.—(1) The person, at whose instance such order or fX^g^Jnce

writ is issued, shall at or before the end of thirty days from money.
the date of the arrest, or within a reasonable time after
he has had notice of the arrest, if he has not had notice
thereof within such period of thirty days, deposit Avith
the Sheriff or other officer, or with the Superintendent
of the Prison in which the person arrested is lodged, a
488
A.D. 1 9 0 7 .
Ss. 675-678.
C I V I L P R O C E D U R E CODE,

further sum at the rate aforesaid for the subsistence of

the prisoner for the next ensuing thirty daj'-s, and shall
continue to make a similar deposit in adA^ance, at or
before the end of such period of thirty days during
Avhich the prisoner is detained in custody.
(2) For every such deposit the Sheriff or other officer,
or Superintendent of the Prison, or other officer, as the
case may be, shall give a receipt dated on the day on
which the money is paid.
(3) The money so deposited shall be employed for the
subsistence of the prisoner.

Failure to 675.—(1) If the deposit required to be made pre-

make deposit.
viously to the arrest is not made, no arrest shall be made.
(2) If any deposit, hereby required to be made after
the arrest, is not made on or before the day on which it
ought to be made, the Court or a Judge may, upon the
application of the Sheriff or the prisoner, order the
prisoner to be discharged out of custody.

Discharge for 6 7 6 . If any prisoner detained in execution is dis-

failure of
deposit not to charged out of custody by reason of a failure to make
operate as
satisfaction.
such deposit as aforesaid, the discharge shall not extin-
guish or affect his liability to pay the amount of any sum
of money for which he was arrested, or to prevent any
execution from being issued against his property.

Subsistence 677.—(1) The amount spent in providing subsistence

money to be
added to for a prisoner detained in execution shall be added to the
amount of
j udgment.
amount of the judgment, and the prisoner shall be liable
to be detained in execution for the amount, in the same
manner as if such amount had been included in the judg-
ment and writ of execution.
(2) The amount spent in providing subsistence for a
person detained under any Avrit of attachment shall be
deemed part of the demand in respect of which the
attachment had been issued.

Unexpended 6 7 8 . All uiouey deposited as aforesaid which has not

monev'To'^be heevi spcut at the time of the ]jrisoner's discharge from
returned to custodv shall bc retumcd to the person Avho made the
depositor. T •", '•
deposit.
 489
A.D. 1 9 0 7 .
Ss. 679-681.
CIVIL PROCEDURE CODE.

6 7 9 . Sections 672 to 678 shall not apply when an ^"^"^''^'j.'Jg

order has been made under section 666, and any money requirwT"^^
deposited, Avhich has not been expended at the time of ^ii^n order
j - l i i n i 1 1 -IT made under
tne order, snail be returned to the person Avho made the section 666.
deposit.

Chapter XXXI.
ARREST AND ATTACHMENT BEFORE
JUDGMENT.
Arrest before Judgment.
6 8 0 . If at any stage of any action against a defendant'^J'^^P^"^^""
1 • 1 - 1- 1 • ^ - i - tiff may apply
who carries on business or ordinarily resides withm the that security
jurisdiction, other than an action for the possession of ^s*^'^^"-
immoveable property, the plaintiff satisfies the Court or
a Judge b}^ evidence on oath that he has a good cause of
action or other valid claim against the defendant and
that the defendant, with intent to prejudice the plaintiff',
or to avoid any process of the Court, or to obstruot or
delay the execution of any judgment that may be passed
against him
(a) has absconded or left the Settlement; or
(b) is about to abscond or to leave the Settlement; or
(c) has disposed of, or removed from the Settlement,
his property or any part thereof;
the Court may issue an order to arrest the defendant and
commit him to the civil prison for a term which may
extend to six weeks unless he sooner gives security to the
satisfaction of the plaintiff, in an amount not exceeding
the amount claimed and the probable costs of the action,
that he will not depart from-the Settlement without the
leave of the Court.
•
681.—(1) The surety for the appearance of the defen- Procedure
dant under this Chapter or Chapter XXX may at any IppUcation
time apply to the Court or a Judge to be discharged from ^^ .'F?'?*'',
his obligation.
(2) On such application being made, the Court or
Judge shall summon the defendant to appear, or, if it or
he thinks fit, may issue an order for his arrest in the first
instance.
 490
A.D. 1 9 0 7 .
Ss. 682-687.
CIVIL PROCEDURE CODE.

(3) On the appearance of the defendant pursuant to

the summons or order, or on his voluntary surrender, the
Court or Judge shall direct the surety to be discharged
from his obligation, and shall call upon the defendant to
find fresh security.
Perm of 682.—(1) An order to arrest under this Chapter,
application
and order to Avhich shall be in the form in schedule A, with such
arrest. variations as circumstances require, shall be made upon
affidavit and ex j^arte.
(2) The defendant shall as soon as possible be served
Avith a copy of every affidavit upon which the order for his
arrest was founded.
(3) The defendant may, at any time after arrest, apply
to the Court or a Judge to rescind or vary the order, or
to be discharged from custod}^ or for such other relief
as is just.
Endorsement 683.—(1) An order to arrest shall, before delivery to
on order to
arrest. the Sheriff, be indorsed with the plaintiff's address for
service.
(2) The Sheriff or other officer executing the order shall
be entitled to the fees set out in schedule B.

Security to be 684.—(1) The security to be given by the defendant

given by
defendant. may be a deposit in Court of the amount mentioned in
the order, or a bond to the plaintiff by the defendant and
two sufficient sureties, or with the leave of the Court or a
Judge either one surety, or more than two, or with the
plaintiff's consent any other form of security.
(2) The sureties shall, if the parties differ, justify
before the Registrar on notice to the plaintiff.
Control of the 6 8 5 . The money deposited and the security and all
Court.
proceedings thereon shall be subject to the order and
control of the Court or a Judge.
Costs of 6 8 6 . Unless otherwise ordered, the costs of and in-
I arrefct.
cidental to an order of arrest shall be costs in the cause.
Subsistence 6 8 7 . The amount spent in providing subsistence for a
1 money In case
- of arrest prisoner arrested before judgment shall be costs in the
; before
' judgment. cause.
 491
AD. 1 9 0 7 .
Ss. 688-690.
CIVIL PROCEDURE CODE.

688.—(1) Upon payment into Court of the amount ^J'^^^^^^eof

mentioned in the order a receipt shall be given, and, upon
receiving the bond or other security, a certificate to that
effect shall be given, signed or attested by the plaintiff's
solicitor, if he has one, or by the plaintiff, if he sues in
person.
(2) The delivery of such receipt or a certificate to the
Sheriff or other officer executing the order shall entitle
the defendant to be discharged out of custody.

Attachment of Property before Judgment.

6 8 9 . If it is shown to the satisfaction of the Court 'When
or a Judge, at any time after the issue of the Avrit of debtor'ma°y
summons, by evidence on oath, that the plaintiff has a te seized
good cause of action, or other valid claim, against the
defendant; and
(a) that the defendant is absent from the Settle-
ment, and that his place of abode cannot be
discovered;
(h) that service of a writ of summons cannot, Avith-
out great or unreasonable delay or difficulty,
be effected; or
(c) that the defendant, v^^ith intent to obstruct or
delay the execution of any judgment which
has been, or may be, passed against him, has
removed, or is about to remove, or has con-
cealed, or is concealing, or making away with,
or handing over to others any of his moveable
or immoveable property;
the Court or a Judge may order that the property of the
defendant, or any part thereof, be forthwith secured and
taken into the custody of the Sheriff, as a pledge or surety
to answer the just demand of the plaintiff, until the
trial of such action and judgment and satisfaction
thereon.

6 9 0 . The Court or a Judge may, at any time upon cjourtmay

reasonable cause being shown, and upon such terms, if pro^perty.
any, as to security or otherwise as seem just, release the
property seized, and order any moveable property to be
returned.
492
A.D. 1 9 0 7 .
Ss. 691-695.
CIVIL PROCEDURE CODE.

Investigation 6 9 1 . If anyclaim is preferred to the .propertyattached

of claims to
property before judgment, such claim shall be investigated in the
attached manner by this Cnde provided for the investigation of
before
judgment. claims to property seized under a writ of seizure and
sale.
Property • 6 9 2 . The property so taken into custody, or the pro-
liable in
execution. ceeds thereof, shall be liable to execution in satisfaction
of such judgment in the same manner as any other
property of the defendant in the Colony, but it shall be
subject in the hands of the Sheriff to the prior claims of
any judgment creditor, Avhose judgment was obtained
Subject to within one year before the execution of the order securing
what prior
claims. the property, and Avho has delivered to the Sheriff a writ
of seizure and sale in execution thereof, before the receipt
by the Sheriff of the order for securing the property.

^erishabie 6 9 3 . Scctiou 698 shall apply to property taken into

goods. custody under this Chapter.

Immoveable 694.—(1) If any immoveable property is secured

property
secured under this Chapter, the Sheriff shall forthwith cause the
to be
registered.
order to be registered under Ordinance No. 148 (Regis-
tration of Deeds), if that Ordinance is in force in the
Settlement or part of the Settlement where the property
is situate.
(2) In case the land is subsequently seized in execution
in satisfaction of judgment in the action, the order of
court registered under section 619 shall have priority as
though it had been registered upon the date on which
the order registered under this section was registered.

Damages for Improper Arrest or Attachment.

Compensa- 695-—(1) If in any action in which an arrest or
tion for
obtaining attachment has been effected it appears to the Court that
arrest or
attachment. (a) such arrest or attachment was applied for on
insufficient grounds; or
(5) if the action of the plaintiff fails, and it appears
to the Court that there was no probable ground
for instituting the action;
 493
A.D. 1 9 0 7 .
Ss. 696-698.
CIVIL PROCEDURE CODE.

the Court may, on the application of the defendant,

award against the plaintiff in its decree such amount, not
exceeding five hundred dollars, as it deems a reasonable ,
sum for damages to the defendant for the expense or
injury caused to him by the arrest or attachment.
(2) The Court shall not aAvard under this section a
larger amount than it might decree in an action for
damages.
(3) An award under this section shall bar any action
for damages in respect of such arrest or attachment.

Chapter X X X I I .
INTERIM PRESERVATION OF PROPERTY.
6 9 6 . When by any contract a prima facie case of Preservation
liability is established, and there is alleged, as matter of custod^'rf
defence, a right to be relieved wholly or partially from ™bject-ma(ter
such liability, the Court or a Judge may make an order contract.'^
for the preservation or interi^n custody of the subject-
matter of the litigation, or may order the amount in
dispute to be brought into Court, or otherwise secured.

6 9 7 . Wherever an application is made before trial ^^''y'^'^'"^^ ot

for an injunction or other order, and, on the opening of
such application, or at any time during the hearing
thereof, it appears to the Judge that the matter in con-
troversy in the cause or matter is one which can be most
conveniently dealt with by an early trial, Avithout first
going into the whole merits on affidavit, or other evi-
dence for the purposes of the application, the Judge may
make an order for such trial accordingly, and may direct
such trial to be held at the next or any other sittings, if
it appears to him to be convenient so to do, and in the
meantime may make such order as the justice of the case
requires.

6 9 8 . The Court or a Judge, on the application of any Order for sale

party, may make- any order
- i^ for
. sale
. by
- J - i any person or
J goJds,'
of perishable
etc.
persons named in such order, and in such manner and in
such terms as the Court or Judge thinks desirable, of
494
A.D. 1 9 0 7 .
Ss. 699-702.
CIVIL PROCEDURE CODE.

any cattle, live stock, goods, wares, or merchandise

which are of a perishable nature, or likely to be
injured from keeping, or which for any other just and
sufficient reason it is desirable to have sold at once.
Detention, 6 9 9 . The Court or a Judge, on the application of any
preservation
or Inspection party to a cause or matter, and upon such terms as are
of property just,' may make any order for the detention, preservation,
the subject of
tlie action. or inspection of any property or thing being the subject
of sucli cause or matter, or as to which any question arises
therein, and, for all or any of the purposes aforesaid,
may authorize any person to enter upon or into any land
or building in the possession of any party to such cause
or matter, and, for all or any of the purposes aforesaid,
may authorize any samples to be taken, or any observa-
tion to be made, or experiment to be tried, AA^hich is
necessary or expedient for the purpose of obtaining full
information or evidence.

Inspection by 7 0 0 . Any Judge, by whom any cause or matter is

Jndge.
heard or tried, or before Avhom any cause or matter is
brought by way of appeal, may inspect any property or
thing concerning which any question arises therein.

Application 701.—(1) Any application for an order in the nature

under
(Ordinance of a mandamus or injunction under section 4 (8) of
No. I l l
(OivIlIjaw),or
Ordinance No. I l l (Civil Law), or under sections 698
sections 698 or 699, may be made to the Court or a Judge by any
or 699. party.
(2) If the application is by the plaintiff for an order
under the said section 4 (8), it may be made either ex parte
or Avith notice, and if for an order under sections 698 or
699, it may be made after notice to the defendant at any
time after the issue of the writ of summons, and if it is
by any other party, then on notice to the plaintiff, and at
any time after appearance by the party making the
a]iplication.

Time for 7 0 2 . An application for an order under section 696

application.
may be made by the plaintiff at any time after his right
thereto appears from the pleadings; or, if there are no
pleadings, is made to appear by affidavit or otherwise to
the satisfaction of the Court or a Judsje.
 ' . 495
; : A.D. 1 9 0 7 .
Ss. 703-706.
CIVIL PROCEDURE CODE.

703. Where an action- is brought to recover, or a Order for

defendant in his defence seeks by way of counterclaim to specific'^ °
recover, specific property other than immoveable property, p™perty
and the party from whom such recovery is sought does I'mmoveXie
not dispute the title of the party seeking to recover the p™perty>
, , , . ^ . . f i 1 • n subject to
same, but claims to retain the property by virtue of a iien, etc.
lien, or otherwise, as security for Sinj sum of money, the
Court or a Judge may at any time after such last men-
tioned claim appears from the pleadings, or, if there are
no pleadings, by affidavit or otherAvise to the satisfaction
of such Court or Judge, order that the party claiming to
recover the p.roperty may pay into Court, to abide
the event of the action, the amount of money in
respect of which the lien or security is claimed, and such
further sum, if any, for interest and costs as such Court
or Judge directs, and that, upon such payment into Court
being made, the property claimed shall be given up to the
party claiming it.
704. W h e r e a n y .moveable or immoveable p r o p e r t y Allowance of
forms the subject of any proceedings, and the Judge is "iopTr'ty
satisfied that the same will be more than sufficient to pfiMteme.
answer all the claims thereon Avhich ought to be provided
for in such proceedings, the Judge may, at any time after
the commencement of the proceedings, allow the parties
interested therein, or any one or more of them, the Avhole
or a part of the annual income of the immoveable pro-
perty or a part of the immoveable propertj^ or the Avhole
or part of the income thereof up to such time as the Judge
directs.
705.—(1) No writ of injunction shall be issued. jnjunctionto
(2) An injunction shall be by a judgment or order, and ment or'orfer.
any such judgment or order shall have the effect Avhich a
writ of injunction previously had.
7 0 6 . In any cause or matter in which an injunction injunction
has been or might have been claimed, the plaintiff may, rfpetitionof
before or after judgment, apply for an injunction to wrongful act
restrain the defendant or respondent from the repetition contract, °
or continuance of the wrongful act or breach of contract
complained of, or from the commission of any injury or
breach of contract of a like kind relating to the same
property or right, or arising out of the same contract;
and the Court or a Judge may grant the injunction either
upon or without terms as is just.
 496
A.D. 1 9 0 7 .
Ss. 707-710.
CIVIL PROCEDURE CODE.

Receivers.
Security by
receivers and 707.—(1) Where an order is made directing a receiver
allowance. to be appointed, unless otherwise ordered the person to
be appointed shall first give security, to be allowed by
the Court or a Judge, and taken before a person autho-
rized to administer oaths, duly to account for what he
shall receive as such receiver, and to pay the same as the
Court or Judge directs.
(2) The person so to be appointed shall, unless other-
Avise ordered, be allowed a proper salary or allowance.
(3) Such security shall be by recognizance in the form
in schedule A, unless the Court or a Jiidge otherwise
orders.
Where 7 0 8 . Where any judgment or order is pronounced or
receiver
appointed in made in Court, appointing a person therein named to be
Court receiver, the Court or a Judge may adjourn to Chambers
adjournment
to Chambers the cause or matter then pending, in order that the person
to give named as receiver may give security as in section 707
security.
mentioned, and may thereupon direct such judgment or
order to be drawn up.
Fixing days
for receivers 709.—(1) When a receiver is appointed with a direc-
to leave and tion that he shall pass accounts, the Court or Judge shall
pass their
accounts and fix the days upon which he shall, quarterly or at longer
pay in or shorter periods, leave and pass such accounts, and also
balances.
the days upon which he shall pay the balances appearing
due on the accounts so left, or such part thereof as is
certified as proper to be paid by him.
(2) With respect to any such receiver as neglects
to leave and pass his accounts, and pay the balance
thereof at the times so to be fixed for that purpose as
aforesaid, the Judge before whom any such receiver is to
account may, from time to time when his subsequent
accounts are produced to be examined and passed, dis-
alloAV the salary therein claimed by such receiver, and
may also, if he thinks fit, charge him with interest at the
rate of six per centum per annum upon the balances so
neglected to be paid by him, during the time the same
appear to have remained in the hands of any such receiver.
Form of
receivers' 7 1 0 . Receivers' accounts shall be in the form in
'accounts. schedule A, with such variations as circumstances
require.
 497
A.D. 1 9 0 7 .
Ss. 711-716.
CIVIL PROCEDURE CODE.

711.-—(1) Every receiver shall leave in the Chambers ^cTounfin

of the Registrar his account in the form in schedule ^ , chambers.
with such variations as circumstances require, together
with an affidavit verifying the same.
(2) An appointment shall thereupon be obtained by
the plaintiff, or person having the conduct of the cause,
for the purpose of passing such account.

7 1 2 . In case of any receiver failing to leave any of^defaXby

account or affidavit, of to pass such account, or to make receiver.
any payment, or otherwise, the receiver, or the parties, or
any of them, may be required to attend at Chambers, to
show cause why such account or affidavit has not been
left, or such account passed, or such payment made, or
any other proper proceeding taken, and thereupon such
directions as are proper may be given at Chambers, or
by adjournment into Court, including the discharge of
any receiver and appointment of another, and payment
of costs.

7 1 3 . A certificate of the Registrar, stating the result ?eceht-'s'°*

of a receiver's account, shall be taken from time to time, account.

Liquidators.
7 1 4 . The accounts of liquidators shall be passed and i^^^'j"^^"^^
verified in the same manner as is by this Chapter directed accounts.
as to receivers' accounts.

Guardians.
7 1 5 . The accounts of guardians shall be passed and Passing of
verified in the same manner as is by this Chapter directed f^Junts.^
as to receivers' accounts.

Lis Pendens.
716.—(1) Whenever the right or title to any immove- Lispendem.
able property, or any interest therein, is in question in
any action, and such right, title, or interest is liable to
be conveyed or assigned by any party to the action, so as
to defeat or prejudicially affect any interest claimed
therein by any other party, such last named party may
Vol. I I . . 32
 498
A.D. 1 9 0 7 .
Ss. 717-719
CIVIL PROCEDURE CODE.

apply, by summons ex parte to the Court or a Judge, for

a declaration that the right to such immoveable property
is in question in the action, and the Court or Judge may
make or refuse such order on such terms as seem just.
(2) The order; if made, shall sufficiently describe the
property affected, and shall state the period, not exceeding
tAvelve months, during which the order shall be in force
as a lis pendens.
Registration. 1V7. Such order and any ordep extending the period
under the next section may be registered under Ordinance
No. 148 (Registration of Deeds), and the judgment in the
action when registered under such Ordinance shall have
priority as though it had been registered upon the date
on which the order registered under this section was
registered.
Eenewal or 718.—(1) Any order so made may, by a similar appli-
•R-e.
cation before its expiration, be from time to time extended
for a period not exceeding six months, or may be dis-
charged for sufficient reason by a subsequent order.
(2) Such order of discharge may be registered under
Ordinance No. 148 (Registration of Deeds), and on such
order being so registered the rights granted by section 717
shall be at an end.

• Chapter XXXIII.
DISTRESS.

terms^"^ °^ 7 1 9 . In this Chapter, unless there is something repug-

nant in the subject or context,
" Officer charged with the ICA^- of a Distress " means
the Sheriff in the case of the Supreme Court,
and the bailiff in the case of a District Court,
to whom a writ of distress has been handed
for levy;
" Officer in possession " means the Sheriff in the
case of the Supreme Court, and the bailiff in
the case of a District Court, who is in posses-
sion under a writ of seizure and sale or order
of attachment.
 499
A.D. 1 9 0 7 .
Ss. 720-725.
CIVIL PROCEDURE CODE.

720.—(1) No distress shall be levied for arrears of Prohibition of

rent except under this Chapter. of^rstriss?
(2) Nothing in this Chapter applies
(a) to any rent due to the Crown;
(b) to any rent due for a period anterior to the tAvelve
completed months of the tenancy immediately
preceding the date of the application under
this Chapter.
7 2 1 . Any person claiming to be entitled to arrears of who may
rent of any house or premises may apply for a writ of "^'^^'
distress as hereinafter mentioned.

722.—(1) The application shall be by affidavit. Form of

. , x i - i - i i - . T i - i - i 1 T application.
(2) It shall be intituled as an action, adding the word
" Distress."
(3) The landlord shall be the plaintiff and the tenant
defendant.
(4) It shall be in the form in schedule A, Avith such
variations as circumstances require.
723.—(1) The application may be presented by any Attorney may
attorney or agent authorized in writing to levy distress. ''PP^'''
(2) The document appointing such attorney or agent
may be either general or for the particular case.
(3) Such power may be in the form in schedule A, with
such variations as circumstances require, and shall be
produced at the time of application.

724.—(1) The Judge may order a writ to be issued,"or ^^sue of writ,

may refuse the application.
(2) If a writ is issued, it shall be returnable within six ^°'''"-
days, and shall be in the form in schedule A, with such
variations as circumstances require.

725.—(1) In pursuance of the writ aforesaid, the ^^ed'"'''''''

Sheriff shall seize the moveable property found in or upon
the house or premises mentioned in the writ and in the
apparent possession of the defendant or such part thereof
as may in the Sheriff's judgment be sufficient to cover the
amount of the said rent together with the costs of the said
distress.
Vol. II. 32A
 500
A.D. 1 9 0 7 .
Ss. 726-728.
CIVIL PROCEDURE CODE.

(2) The Sheriff shall not seize

(a) things in actual use in the hands of a person at
the time of the seizure;
(b) tools and implements not in use Avhere there is
other moveable property in or upon the house
or premises sufficient 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 laAV;
(g) goods delivered to a person exercising a public
trade to be carried, wrought, worked up or
managed in the way of his trade or employ.
Power to 7 2 6 . The Sheriff may impound or otherwise secure the
i^mom'^ °'' property seized in or upon the premises chargeable with
the rent, or, if necessary, remove the same.
Inventory 727.—(1) On seizing any property under section 725,
and estimate the Sheriff shall make an inventory of such property and
of value.
approximate valuation thereof, and shall give a notice in
writing in the form in schedule A, with such variations
as circumstances require, to the defendant, if he is upon
the premises, or to any person who is there on the defen-
dant's behalf.
(2) If there is no such person on the premises, the
Sheriff 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.
(3) Such notice shall state the date of the intended sale.
Application 728.—(1) The defendant, or any other person alleging
to discharge.
himself to be the owner of any property seized under this
Chapter, or the duly constituted attorney of such defen-
dant or other person, may, at any time within five days
from such seizure, on twenty-four hours' notice to the
plaintiff setting out the ground on which the claim is
founded, apply to a Judge to discharge or suspend the
writ, or to release a distrained article.
(2) The Judge may discharge or suspend the writ, or
release such article upon such terms as he thinks fit, or
he may direct an issue to be tried under Chapter XXXIV,
and in the meanwhile allow the whole or any part of the
 501
A.D. 1 9 0 7 .
Ss. 729-733.
CIVIL PROCEDURE CODE.

property seized to be released, on security being given, or

order it to be sold, and the proceeds lodged in Court
pending the decision.
7 2 9 . In any case under section 728 the costs attending Costs in
.1 1 - . l e i . • PI . discretion of
tne application and ot the issue and execution of the writ judge.
shall be in the discretion of the Judge.
730.—(1) In default of any order to the contrary, the ^^pg'J.t may
distrained property shall be sold on the day and at the be sold.
place mentioned in the notice.
(2) All sales under this Chapter shall be made by public
auction betAveen 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.
(3) Any person making or abetting a sale in contraven- Penalty.
*
tion of this section shall be liable, before a Police Court,
to a fine not exceeding one hundred dollars.

731.—(1) When the approximate valuation of the ^J^7i^^„*yoo

property seized is over one hundred dollars, the sale shall trb™soid by
be conducted by an auctioneer licensed to conduct sales auctioneer.
under Ordinance No. 95 (Auctioneers' Licences), or other
statutory provision for the licensing of auctioneers, and
in other cases by the Sheriff.
(2) 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
satisfying the distress and expenses thereof, shall be
returned without delay to the place from which it was
removed.
732.—(1) The Sheriff shall apply the proceeds of sale. Payment and
first in payment of the costs of the distress, then in satis- proceedsrf°
faction of the debt, and the surplus, if any, shall be ^aie.
returned to the defendant.
(2) The Sheriff shall keep a record of all sums so
received and of the application thereof.
7 3 3 . Where a right to a distraint accrues to persons Provision for
jointly or together interested in any premises, such right one'oTjo^ut
may be exercised by any one of such persons in his oAvn owners.
name and the names of those jointly or together interested
with him, and the levy shall be a complete discharge to

/
502
A.D. 1 9 0 7 .
Ss. 734-739.
CIVIL PROCEDURE CODE.

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 Avith him.
Representa- 7 3 4 . When a right to recover arrears of rent accrues
tive capacity
of person to persons in a representative or fiduciary capacity, as in
Issuing , the case of executors, or administrators, guardians of
distress.
infants, committees of lunatics, receivers, the Official
Assignee, mortgagees in possession, trustees, or Sheriffs in
possession of premises seized in execution, such persons
may distrain under this Chapter for the rent due, whether
the same accrued due after or before the date on which
they acquired such representative capacity.

Lessee against 7 3 5 . Lessees may distrain against under-lessees.

sub-It ssee.

Married 7 3 6 . Married Avomen may distrain, either with or

women.
Avithout the concurrence of their husbands, for arrears of
rent due on property held by them for their sole and
separate use.

Distress after 7 3 7 . Arrears of rent may be distrained for after the

term. 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 is made
during the continuance of the possession of the tenant
from whom the arrears are due.
Landlord's 7 3 8 . No moveable property shall be removed from any
claim to be
satisfied. premises under any Avrit of execution from any Court,
other than writs of extent in Crown suits, till the claim
for 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.

Procedure 739.—(1) If moveable property otherwise liable to

pr'ipCTty is distress for rent is, at the time of the issue of any writ
already under of dlstrcss, or thereafter before seizure under such writ,
any seizure, ggi^g^j un^er auy Writ of execution from any Court,
other than writs of extent in Crown suits, the officer
charged with the levy of the distress shall not seize such
moveable property, but shall, unless both writs are in the
 603
A.D. 1 9 0 7 .
Ss. 740-742.
CIVIL PROCEDURE CODE.

hands of the same officer, deliver a copy of the writ of

distress to the Sheriff or the officer in possession, who
shall, out of the first moneys to arise by any sale of such •
moveable property, after payment of the expenses of such
sale, pay to the officer charged Avith the levy of the distress
the amount mentioned in such Avrit of distress with the
costs of the same.
(2) If the amount mentioned in such writ of distress •
exceeds 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.
740.—(1) The officer in possession, upon receiving Notice by
such copy of the writ of distress, or upon any writ of officer m
T , I - 11. 1 1- p -, '• 1 -n •' •o 1 possession.
distress being delivered to him for levy, shall notify the
execution creditor or his solicitor, and shall also, by
delivering a notice in writing upon the premises in which
the said goods were seized, notify the execution debtor of
the receipt of such Avrit of distress, and the amount
claimed thereunder.
(2) Such execution creditor or debtor, or either of them,
may apply to the Court to discharge or suspend the Avrit
of distress within the time and in the manner provided
by this Chapter for applications to discharge or suspend
distress.
7 4 1 . If any execution is paid off, after service of a officer in
copy of a writ of distress upon the officer in possession, E;.^rnotice'of
such officer shall forthwith, before giving up possession or payment off
leaving the premises, give notice thereof to the officer °^ execution,
charged with the levy of the distress.
742.—(1) If any tenant or lessee, or person in Tenant
possession or occupation of any premises on which there Sr™fby
is an arrear of rent due, recoA^erable by distress, carries removal of
aAvay, or causes or permits to be 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, authorize the Goods may
officer executing a distress and the persons acting under ^^j^^^\'°'^^'^
him to follow, take, and seize such property under the
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
504
A.D. 1 9 0 7 .
Ss. 743 & 744.
CIVIL PROCEDURE CODE.

on the premises distrained, and, if advisable, to replace

the same on the premises from Avhich it has been removed.
(2) An officer executing a distress may, without such
authority, follovv 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.
Goods 7 4 3 . If such property, or any part thereof, so carried
removed sold
bona fide. aAvay has been sold bo7iafideand for a sufficient considera-
tion, before or after removal from the premises distrained,
to any person not knowing nor having the means of
knowing that the same Avas 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 has been so sold, shall not be seized or, if seized,
shall be restored by the officer or bailiff distraining.

Deserted 744.—(1) Where any immoveable property is held

premises.
at a rack rent, or where the rent reserved is a fuU 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 is in arrear
for two months, and deserts the demised premises, and
leaves the same uncultivated or unoccupied, so as no
sufficient distress can be had to countervail the arrears of
Warrant. rent, a Judge may, at the request of the lessor or landlord
or his agent, and on information on oath, make an order
Notice. authorizing the Sheriff to enter on the premises, breaking
any doors, windows, or gates, if necessary, and, if the
premises are found to be deserted with no sufficient
distress therein, to place the same in charge of the Sheriff,
and to affix a notice thereon in a conspicuous place that,
unless cause to the contrary is shown before the same or
Possession
given. any other Judge Avithin ten days, the premises will be
given over to the applicant.
(2) If no such cause be shown, a Judge may, on proof
of
(a) the fact of desertion;
(b) non-payment of at least two months' rent last
due;
(c) want of sufficient distress, and
that the applicant is the lessor or landlord of the premises,
 505
A.D, 1 9 0 7 .
Ss. 745 & 746.
CIVIL PROCEDURE CODE.

make an order directing the Sheriff to put the applicant

in possession of the premises, and the demise shall become
void.

Chapter XXXIV.
INTERPLEADER.
7 4 5 . Relief by way of interpleader may be granted when relief
' ' J ^ J O byinterplea-
(a) where the person seeking relief, in this Chapter der granted.
called the applicant, is under liability for any
debt, money, or moveable property, for or in
respect of which he is, or expects to be sued
by two or more parties, in this Chapter called
the claimants, making adverse claims thereto :
(b) Avhere the applicant is a Sheriff or other officer
charged with the execution of process by or
under the authority of any Court, and claim
is made to any money or moveable property
taken or intended to be taken in execution
under any process, or to the proceeds or value
of any such moveable property by any person
other than the person against whom the
process issued.
746.—(1) The applicant must satisfy the Court or Matters to be
a Judge by affidavit or otherwise that a^irdnt^
(a) the applicant claims no interest in the subject
matter in dispute other than for charges or
costs;
. (b) the applicant does not collude with any of the
claimants; and
(c) the applicant, except where he is a Sheriff or
other officer charged with the execution of
process by or under the authority of any Court,
who has seized moveable property, and who
has withdrawn from possession in consequence
of the execution creditor admitting the claim
of the claimant under section 759, is willing to
pay or transfer the subject matter into Court,
or to dispose of it as the Court or a Judge
directs.
506
A.D. 1 9 0 7 .
Ss. 747-753.
CIVIL PROCEDURE CODE.

(2) Where the applicant is an officer of the Court he

may file a Avritten application with the necessary par-
ticulars signed but not sworn by him.
Adverse titles 7 4 7 . The applicant shall not be disentitled to relief by
reason only that the titles of the claimants have not a
common origin, but are adverse to and indei^endent of one
another.
AVhere appli- 7 4 8 . Where the applicant is a defendant, application
madTbj^a'' for relief can be made at any time after the service of the
defendant. AVrit o f S U m m O U S .

Summons by 7 4 9 . The applicant may take out a summons calling

applicant.
on the claimants to appear and state the nature and
particulars of their claims, and eitfier to maintain or
relinquish them.
stay of action. 7 5 0 . If the application is made by a defendant in an
action, the Court or Judge may stay all further
proceedings in the action.
Order upon 7 5 1 . If the claimants appear in pursuance of the
summons.
summons, the Court or a Judge may order either that any
claimant shall be made a defendant in any action already
commenced in respect of the subject matter in dispute, in
lieu of or in addition to the applicant, or that an issue
between the claimants shall be stated and tried, and in
the latter case may direct which of the claimants is to be
plaintiff, and which defendant.
Disposal of
matters In
7 5 2 . The Court or a Judge may, with the consent of
summary both claimants or on the request of any claimant, if,
manner. having regard to the value of the subject matter in
dispute, it seems desirable so to do, dispose of the merits
of their claims, and decide the same in a summary manner
and on such terms as are just.
Questions of 753.—(1) Where the question is a question of laAv and
law.
the facts are not in dispute, the Court or a Judge may
decide the question without directing the trial of an issue,
or order that a special case shall be stated for the opinion
of the Court.
(2) If a special case is stated. Chapter XIX shall, as
far as may be, apply thereto.
 50-
A.D. 1 9 0 7
Ss. 754-759.
CIVIL PROCEDURE CODE.

7 5 4 . If a claimant, having been duly served with a Failure of

summons calling him to appear and maintain, or relin- f^^'^^^lv"
quish, his claim, does not appear in pursuance of the neglect to
summons, or, having appeared, neglects or refuses to summons.
comply with any order made after his appearance, the
Court or a Judge may make an order declaring him, and
all persons claiming under him, for ever barred against
the applicant, and persons claiming under him, but the
order shall not affect the rights of the claimants as
between themselves.
7 5 5 . Except where otherwise provided, by statute, the Order under
judgment in any action or on any issue ordered to be tried ^^^^J""" ^^^
or stated in an interpleader proceeding, and the decision
of the Court or a Judge in a summary way under section
752, shall be final and conclusive against the claimants,
and all persons claiming under them, unless by special
leave of the Court or Judge, as the case may be, or of the
Court of Appeal.
7 5 6 . When moveable property has been seized in Ofder for sai
execution by a Sheriff or other officer charged with the seized in
execution of process of the Court, and any claimant execution.
alleges t h a t he is entitled, under a bill of sale or otherwise,
to the moveable property by way of security for debt, the
Court or a J u d g e may order the sale of the whole or a
p a r t thereof, and direct the application of the proceeds
of the sale in such manner and upon such terms as a r e
just.
757.—(1) The provisions of this Code relating to ^PP}i<^''*^°"
discovery and inspection and to trial shall, Avith the xviand*"^
necessary modifications, apply to an interpleader issue. P," *° ,
•' ' i. J. .; J. interpleader
(2) The Court or Judge who tries the issue may finally proceedings.
dispose of the whole matter of the interpleader
proceedings, including all costs not otherwise provided
for.
7 5 8 . The Court or a Judge may, in or for the purposes Costs, etc.
of any interpleader proceedings, make all such orders as
to costs and all other matters as are just and reasonable.
759.—(1) Where a claim is made to or in respect of sheriff's
any moveable property taken in execution under the costs.
process of any Court, it shall be in Avriting, and upon the
508
A.D. 1 9 0 7 .
Ss. 760-762.
CIVIL PROCEDURE CODE,

receipt of the claim the Sheriff or officer shall forthwith

give notice thereof to the execution creditor in the form
in schedule ^4, and the execution creditor shall, within
four days after receiving the notice, give notice to the
Sheriff or his officer that he admits or disputes the claim.
(2) If the execution creditor admits the title of the
claimant, and gives notice as directed by this section, he
shall only be liable to such Sheriff or officer for any fees
and expenses incurred prior to the receipt of the notice
admitting the claim.
AVIthdrawal 760.—(1) When the execution creditor has given
by Sheriff.
notice to the Sheriff or his officer that he admits the claim
of the claimant, the Sheriff may thereupon withdraw
from the possession of the moveable property claimed,
and may apply to a Judge for an order protecting him
from any action in respect of the said seizure, and posses-
sion of the said moveable property, and the Judge may
make any such order as is just and reasonable in respect
of the same.
(2) The claimant shall receive notice of such intended
application, and, if he desires it, may attend the hearing
of the same, and if he attends, the Judge may, in and for
the purposes of such application, make all such orders
as to costs as are just and reasonable.
Costs in 761.—(1) Where the execution creditor does not in
interpleader.
due time, as directed by section 759 admit or dispute the
title of the claimant to the moveable property or the
claimant does not withdraw his claim thereto by notice in
writing to the Sheriff or his officer, the Sheriff may apply
for an interpleader summons to be issued.
(2) If the claimant withdraws his claim by notice in
writing to the Sheriff or his officer, or the execution
creditor in like manner serves an admission of the title
of the claimant, prior to the return day of such summons,
and at the same time gives notice of such admission to the
claimant, the Judge may, in and for the purposes of the
interpleader proceedings, make all such orders as to costs,
fees, charges, and expenses as are just and reasonable.

Value of 762.—(1) Every application for an interpleader order

Stated." ^ shall state shortly the nature and description of the
 509
A.D. 1 9 0 7 .
Ss. 763 765.
CIVIL PROCEDURE CODE.

moveable property seized, and the approximate or

estimated value thereof.
(2) In any interpleader summons in the Supreme Court,
if the Sheriff reports in writing, or the Court or a Judge
is otherwise satisfied, that the value of the property in
dispute does not exceed five hundred dollars, the Court
or Judge may, either of its or his own motion, or on the
application of either party, or of the claimant, make an
order referring such summons for adjudication by a Dis-
trict Court, within the jurisdiction whereof the property
claimed is to be found.

(3) The report of the Sheriff shall be conclusive evi-

dence that the property in dispute does not exceed five
hundred dollars.

Chapter X X X V .

ACTION OF MANDAMUS.

7 6 3 . The plaintiff, in any action in which he claims a indorsement

mandamus to command the defendant to fulfil any duty "''"""* °^
summons.
in the fulfilment of which the plaintiff is personally
interested, shall indorse such claim upon the writ of
summons.

764.—(1) If judgment is given for the plaintiff, the Order upon

Court or Judge may by the judgment command the defen- p^^ff'^'"*duty.
'orm *"
dant either forthwith, or on the expiration of such time
and upon such terms as appear to the Court or a Judge
to be just, to perform the duty in question.
(2) The Court or a Judge may extend the time for the
performance of the duty.

7 6 5 . No writ of mandamus shall hereafter be issued Mandamus in

in an action, but a mandamus shall be by judgment or tyTu'dgment
order, which shall have the same effect as a writ of man- o^ order.
damns formerly had.
510
A.D. 1 9 0 7 .
Ss. 766-769.
CIVIL PROCEDURE CODE.

Chapter XXXVI.
PROCEEDINGS BY OR AGAINST PAUPERS.
Petition to 766.—(1) Any poor person, before commencing or
sue or defend
as pauper. defending any action in the Court in his own right, or
becoming poor during the progress thereof, may apply to
the Court by petition for leave to sue or defend as a
pauper, which petition shall be supported by an affidavit
of the petitioner, and by such further evidence as the
Court thinks necessary, that he is not possessed of pro-
perty to the amount of one hundred dollars in value,
excepting wearing apparel, and the matter or thing
claimed by him if he is the plaintiff in the action, and
thereupon it shall be referred to an advocate and
solicitor to consider the case.
(2) Upon the petitioner producing a certificate signed
by such advocate and solicitor that he has considered the"
case, and believes him to have good cause of action or
defence, as the case may be, the Court may admit the
petitioner to sue or defend, as the case may be, as a
pauper, and also appoint an advocate and solicitor to
appear for him.
Affidavit. 767.—(1) No oerson shall be admitted to sue or defend
as a pauper unless he has left in Court an affidavit
containing a full statement of all the material facts of
the case, to the best of his knoAvledge and belief.
(2) Such affidavit shall be filed in the action, if and
Avhen commenced.
No fees to be 7 6 8 . No fee shall be taken by an advocate and
taken.
solicitor to whom a petition is so referred, nor shall any
Court fee be charged to the poor person on such petition,
or to any person admitted to sue or defend as a pauper in
any action in which he is so admitted, except as provided
in section 774.
Advocate and 7 6 9 . Where ah advocate and solicitor is appointed
solicitor not
to refuse to to appear for a person admitted to sue or defend as a
act.
pauper, such advocate and solicitor shall not refuse to
act and appear, unless he satisfies the Court or a Judge
that he has some good reason for refusing.
 511
A.D. 1 9 0 7 .
Ss. 770-775.
CIVIL PROCEDURE CODE.

770.—(1) Whilst a person sues or defends as a No fees tobe

pauper, no person shall take, or agree to take, or seek to taken.
obtain from him any fee, profit, or reward for the conduct
of his business in the Court.
(2) Any person Avho takes, or agrees to take, or seeks
to obtain any such fee, profit, or reward shall be guilty
of a contempt of Court.
7 7 1 . If an}^ person admitted to sue or defend as a Pauper agree
pauper gives or agrees to give any such fee, profit, or lefs to forfeit
reward, he shall be forthwith dispaupered, and shall not privilege.
be afterwards admitted again in the same cause to sue or
defend as a pauper.
7 7 2 . No notice of motion shall be served, or summons Notice of
issued, and no petition shall be presented on behalf of any ^°^°l' ''"^
person admitted to sue or defend as a pauper, if an
advocate and solicitor has been assigned to him, except
- for the discharge of such advocate and solicitor, unless
it has been signed by his advocate and solicitor.

7 7 3 . The advocate and solicitor assigned to a person Duty of

admitted to sue or defend as a pauper shall take care that ^°^'°''"^-
no notice is served, or summons issued, or petition pre-
sented without good cause. ,
Costs of
7 7 4 . The Court or a Judge may order costs to be paid pauper.
to a person admitted to sue or defend as a pauper, and
such costs shall, unless the Court or Judge otherwise
orders, be taxed as in other cases.

775.—(1) When costs have been awarded to be paid ?T'jj^^^''^g

to a pauper, the fees of the Court, which would have on sums °
been payable by him if not a pauper and the costs allowed recovered.
to his advocate and solicitor, if any are so allowed, shall
be a first charge upon any sums recovered by him in the
action.
(2) When any sum has been recovered by him and not
applied in payment of such fees of Court as aforesaid,
the Registrar may refuse to allow any further proceed-
ings on behalf of such pauper to be taken in such action,
until the sum recovered has been applied in payment of
such fees.
 512
A.D. 1 9 0 7 .
Ss. 776-781.
CIVIL PROCEDURE CODE.

Loss of 7 7 6 . Any person having been admitted to sue or

privilege.
defend as a pauper may on cause shown to the Court be
deprived of all the privileges of such admission.

Pauper Appeals.
Pauper 7 7 7 . Any poor person entitled to appeal in his own
appeals.
right from any judgment or order of the Supreme Court
or a Judge thereof, or who is made a respondent to any
appeal, may be admitted to appeal or oppose the appeal,
as the case may be, as a pauper, on application to any
Judge of the Supreme Court. .
Application
of rules.
7 7 8 . This Chapter shall apply mutatis mutandis to
pauper appeals.
No security. 7 7 9 . The security required by section 1129 shall not
be necessary in the case of a pauper appellant.

Chapter X X X V I I .
ACTIONS BY AND AGAINST FIRMS AND
PERSONS CARRYING ON BUSINESS IN NAMES
OTHER THAN THEIR OWN.
Disclosure of 780.—(1) Any two or more persons, claiming or being
partners
names. liable as co-partners, and carrying on business within the
jurisdiction, may sue or be sued in the name of the respec-
tive firms, if any, of which such persons were co-partners
at the time of the accruing of the cause of action.
(2) Any party to an action may, in such case, apply by
summons to a Judge for a statement of the names and
addresses of the persons who were at the time of the
accruing of the cause of action co-partners in any such
firm, to be furnished in such manner and verified on oath
or otherwise, as the Judge directs.
Disclosure of
partners'
781-—(1) When a writ is sued out by partners in the
names. name of their firm, the plaintiffs or their solicitors 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 action is brought.
 • • . ' 513
A.D. 1 9 0 7 .
Ss. 782-785.
CIVIL PROCEDURE CODE.

(2) If the plaintiffs or their solicitors fail to comply

Avith such demand, all proceedings in the action may,
upon an application for that purpose, be stayed, upon
such terms as the Court or a Judge directs.
(3) When the names of the partners are so declared,
the action shall proceed in the same manner, and the same
consequences in all respects shall folloAv, as if they had
been named as the plaintiffs in the writ, but all the
proceedings shall nevertheless continue in the name of
the firm.
782!—(1) Where persons are sued as partners in the Service on
name of their firm under section 780, the writ shall be
served either upon any one or more of the partners, or,
at the principal place within the jurisdiction of the
business of the partnership, upon any person having at
the time of service the control or management of the
partnership business there.
(2) Subject to this Chapter, such service shall be
deemed good service upon the firm so sued, whether
any of the members thereof are out of the jurisdiction
or not, and no leave to issue a Avrit against them
shall be necessary; provided that, in the case of a
co-partnership which has been dissolved to the knoAvledge
of the plaintiff before the commencement of the action,
the writ of summons shall be served upon every person
Avithin the jurisdiction sought to be made liable.

783.—(1) Where a Avrit is issued against a firm, and Notice in

is served as directed by section 782, every person upon ^ed. '^'*^"*'" ^
whom it is served shall be informed by notice in writing,
given at the time of such service, whether he is .served as
a partner, or as a person having the control or manage-
ment of the partnership business, or in both characters.
(2) In default of such notice the person served shall be
deemed to be served as a partner.
784. Where persons are sued as partners in the name Appearance
of their firm, they shall appear individually in their own ° P""**"-
names, but all subsequent proceedings shall nevertheless
continue in the name of the firm.
785. When a Avrit is serA'ed under section 782 upon a No appearance
person having the control or management of the partner- ma'^nagTr^ ^
Vol. II. 33
514
A.D. 1 9 0 7 .
Ss. 786 789.
CIVIL PROCEDURE CODE.

ship business, no appearance by him shall be necessary

unless he is a member of the firm sued.
Appearance
under protest
7 8 6 . Any person served as a partner under section 782
by alleged may enter an appearance uiider protest denying that he
partner. is a partner, but such appearance shall not preclude the
plaintilf from otherwise serving^ the firm, and obtaining
-judgment against the firm in default of appearance, if no
partner has entered an appearance in tlie ordinary form.-
Execution of
j udgment
787.—(1) Where a judgment or order is against a
against a firm. firm, execution may issue
(a) against any property of the partnership within
the jurisdiction;
(/;) against any person who has appeared in his own
name under sections 784 or 785, or who has
admitted on the pleadings that he is, or who
has been adjudged to be, a partner;
(c) against anj'' person Avho has been individually
served as a partner Avith the writ of summons,
and has failed to appear.
(2) If the party, Avho has obtained judgment or an
order, claims to be entitled to issue execution against any
other ])erson as being a member of the firm, he may apply
to the Court or a Judge for leave so to do; and the Court
or Judge may give such leave, if the liability is not dis-
puted, or, if such liability is disputed, ma.y order that the
liability of such person shall be tried and determined in
any manner in which any issue or question in an action
may be tried and determined.
Attiichment 788.—(1) Debts- oAAdng from a firm carrying on
of debts
owing from a business Avithin the jurisdiction may be attached under
firm. Chapter XXIX, although one or more members of such
firm may be resident abroad; provided that any person,
having the control or management of the partnershij)
business, or any member of the firm within the juris-
diction, is served Avith the notice of garnishment.
(2) An appearance by any member pursuant to a sum-
mons shall be a sufficient appearance by the firm.
totter 789.-—(l)_The above sections of this Chapter shall
between apply to actious betAvecu a firm and one or more of its
co-partners, members, and to actions between firms having one or more
 ' • • ' . . - . 515
^ • :' - AD. 1 9 0 7 .
. . . . . . • . ' - Ss. 790-793.
•CIVIL PROCETIURE CODE.

members in common, proyided such firm or firms carry

^on business within the jurisdiction.
(2) No execut-ion shall be issued in such actions without
leave of the Court or a Judge, and, on an application for
leave to issue such execution, all such accounts and in-
quiries may be directed to be taken and made, and
directions given, as are just. . .

7 9 0 . Any person carrying on business within the Applications

jurisdiction, in a name or style other than his OAvn name, traSingTs a
maj^ be sued in such name or style as if it was a firm f'™-
name, and, so far as the nature of the case will permit,
all sections relating to proceedings against firms shall
apply- '

Chapter XXXVIII.
INFANCY.
7 9 1 . Any application under this Chapter may be f/'j^^'^^f^j
made as follows :— how made
(a) where there is pending any action or other pro-
ceeding by reason Avhereof an infant is a ward
of Court, by a summons in such action or
proceeding and in the matter of the infant;
(b) Avhere there is not pending any such action or
other proceeding as aforesaid, by an origin-
ating summons in the matter of the infant.

7 9 2 . The father of an infant shall, subject to this guardian.

I'^at-her lo bo
Chapter, be the guardian of the person and property of
such infant.

793.—(1) The Court or a Judge may, upon the appli- Court may
cation of the mother of an infant, make such order as it "rcuXdy!^'
or he thinks fit regarding the custody of such infant, and
the right of access thereto of either parent, and may
alter, vary, or discharge such order on the application of
either parent.
(2) A summons under this section shall be served upon
the other parent.
Vol. II. 33A
 516
A.D. 1 9 0 7 .
Ss. 794-798.
CIVIL PROCEDURE CODE.

Mother to be 794.—(1) The mother of an infant Avho has no father

guardian
where no shall, subject to this Chapter, be the guardian of the
father.
person and property of such infant.
Court may
appoint (2) The Court or a Judge may, if it or he thinks fit,
guardian to upon the application of the next friend of such infant,
act jointly
with mother. appoint a guardian or guardians of the infant's person
and property or either of them to act jointly with the
mother.
(3) A summons under this section shall be served upon
the mother.
Court may
appoint
795.—(1) The Court or a Judge may, upon the appli-
guardian cation of any next friend of an infant who has neither
when infant
has neither
father nor mother, appoint a guardian or guardians of
father nor the infant's person and property or either of them.
mother.
(2) A summons under this section shall be served upon
the person having the custody or being in possession of
the person of the infant, and the Court or Judge may
order service to be made upon any relative or friend of
the infant.
Court may
remove 796.—(1) The Court or a Judge may remove from hi.s
guardian. office any guardian, and may appoint another guardian
in the place of the guardian so removed.
(2) A summons under this section may be taken out l)y
the mother or next friend of an infant, and shall be
served upon the guardian or guardians of the infant.
Matters to be 797. The Court or a Judge shall, in exercising the
regarded by
Court in poAvers conferred upon it or him of making an order as
e.TercIsing
powers. to the custody of an infant, or the right of access thereto,
or of appointing or removing a guardian, have regard to
the welfare of the infant, and to the conduct of the
parents, and to the wishes as Avell of the mother as of the
father.
Production 798. The Court or a Judge may direct that the
and tempor-
ary custody guardian or other the person having the custody or being
of infant.
in possession of any infant shall produce him in Court
or in Chambers, or in any other place appointed by the
Court or Judge, on the hearing of any application under
this Chapter, or at any other time, and may make such
order for the temporary custody and ])rotection of such
infant as it or he thinks fit.
 517
,. A.D. 1 9 0 7 .
'' ' Ss. 799-802.
CIVIL PROCEDURE CODE.

7 9 9 . A guardian of the person of an infant is charged °"*'*? °* „

o x o fi'uarciiftii ot
with the custody of the infant, and shall look to his person.
support, health; and education.
8 0 0 . If an infant leaves or is removed from the Titieof
I f T 1/-1 T i - o - 1 guardian to
custody ot a guardian, the Court or a Judge, if it or he custody of
is of opinion that it will be for the welfare of the infant "'*''°*'
to return to his guardian, may make an order for his
return, and, for the purpose of enforcing the order, may
cause the infant to be arrested and to be delivered into
the custody of the guardian.
8 0 1 . A guardian of the property of an infant shall Duties of
1 1 1 • ^ f-ii !> T 1 guardian of
deal therewith as caretuUyas a man of ordinary prudence property.
would deal with it if it was his own, and, subject to this
Chapter, may do all acts which are reasonable and proper
for the realization, protection, or benefit of the property.
802.—(1) No guardian shall, without the previous Limitation of
permission of the Court or a Judge, Sulrdfam
(a) mortgage, or charge, or transfer by sale, gift, or
otherwise, any part of the immoveable pro-
perty of the infant of whom he is guardian,
or any Government or Municipal securities,
or shares or debentures of any public com-
pany or corporation, or any other capital
moneys belonging to such infant; or
(b) lease any part of the immoveable property of
such infant for a term exceeding three years,
or for any term extending more than one year
' beyond the date on which the infant will
attain his majority.
(2) A disposal of property by a guardian in contra-
vention of this section is voidable at the instance of any
person affected thereby.
(3) Permission to do any of the acts mentioned in this
section shall not be granted by the Court or a Judge,
except in case of necessity, or for an evident advantage
to the infant.
(4) The Court or Judge may order service of the sum-
mons upon any person whom it or he thinks fit.
 518
A.D. 1 9 0 7 .
Ss. 803-807.
CIVIL PROCEDURE CODE.

A'ariation of 803. The Court or a Judge may by order define,

power of
guardian of restrict, or extend the power of a guardian with respect
property. to the property of the infant of whom he is guardian*, in
such manner and to such extent as it or he considers to be
for the welfare of the infant.

Security by 804. A guardian of the property of an infant

guardian of
the property. appointed by the Court shall, unless security has been
dispensed with by the Court or a Judge, give security to
to the satisfaction of the Registrar.

Accounts of 805.—(1) The guardian of the property of an infant

guardian of ^
the property. appointed by the Court shall every three months file his
accounts, and attend before the Registrar at such time as
the Registrar fixes, and have his accounts taken and
passed.
(2) The Registrar shall make to him all just allow-
ances, including an allowance of his reasonable costs,
charges, and expenses of passing the accounts, and those
of the next-of-kin and other persons alloAved to attend at
the cost of the estate.

Bal.ances. 8 0 6 . The balances certified by the Registrar to be due

from the guardian of the property of an infant on
passing his accounts, or so much thereof respectively as
the Registrar certifies to be proper to be paid by him,
shall, unless the Registrar otherwise orders, be paid by
him into Court, at or Avithin such time as the Registrar
fixes.

Application- 807.—(1) Any guardian may apply to the Court or a

as to
managenofent Judge for its or his opinion, advice, or direction on any
of property of present question respecting the management or adminis-
ward.
tration of the property of the infant of whom he is
guardian.
(2) The Court or Judge may order service of the sum-
mons upon any person whom it or he thinks fit.
(3) A guardian, stating in good faith the facts in the
affidavit in support of the summons, and acting upon the
Opinion, advice, or direction given by the Court or Judge,
shall be deemed, so far as regards his own responsibility,
to have^ performed his duty as guardian in the subject
matter of the application.
 519
AD. 1 9 0 7 .
Ss. 808-812.
CIVIL PROCEDURE CODE.

8 0 8 . The Court or a Judge may, upon the application Maintonanca^

of the guardian or the next friend of an infant, make
provision, out of the income of any property belonging
to the infant, or, if necessary, out of the capital of such
property, for the maintenance, education, or advancement
of the infant.
8 0 9 . If it appears that, having regard to the situation Powerto
and condition of life of an infant and the other circum- mafntenaneo
stances of the case, it would be expedient that the property -without
of the infant should be made available for his mainten- guard?an°o£*
ance and education in a direct and inexpensive manner, the property.
the Court or a Judge may, instead of appointing a
guardian of the property of the infant, order that the 's
property, if moneys, or, if of any other description, the
produce thereof, Avhen realized, shall be paid to such per-
son as the Court or Judge thinks fit, to be applied for the
purpose aforesaid, and all payments so made shall be a
good discharge to the person making the same.
8 1 0 . Upon applications for the appointment of guar- Evidence
dians of infants and alloAvance for maintenance, the appUcations
evidence shall show *or
/. X , 1 n ,1 • f 1 appointment
(a) the ages ot the infants; of guardians
(b) the nature and amount of the infants' fortunes and for
'' ' , . maintenance..
and incomes; -
(c) what relations the infants have.
Chapter XXXIX.
LUNACY.
8 1 1 . Any person related by blood or marriage to any Court may
alleged lunatic, or the Attorney-General, or in Penang aftn^aUegeY
the Solicitor-General, may.apply by summons, supported lunatics, their
by affidavit, to the Supreme Court, and the Judge may ^^P'''^ ^^ "^'=•
make an order directing an inquiry whether any 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 or his affairs.
812.—(1) The order made by the Judge upon such hglli™"'^'-"'^
application may direct the inquiry to be in Court or in'
Chambers. . - **
 520
A.D. 1 9 0 7 .
Ss. 813-815.
CIVIL PROCEDURE CODE.

(2) Reasonable notice of the time and place appointed

for inquiry shall be given to the alleged lunatic.
ft
(3) If it appears that the alleged lunatic is in such a
state that the personal service on him would be ineffec-
tual, the Judge may direct such substituted service of the
notice as he thinks proper.
(4) The Judge may also, if he thinks fit, direct a copy
of such notice to be served upon any person related by
blood or marriage to the alleged lunatic.
(.5) If the inquiry is directed to be executed in Cham-
bers the alleged lunatic, at any time before the day fixed
for the inquiry, may demand an inquiry in Court.
(6) In such case the inquiry shall be in Court, and a
further day shall be appointed for making such inquiry,
and in such case the Judge may direct such further
notices, if any, to be given as he thinks requisite.
Power to
require
8 1 3 . The Court or Judge may, at any time, require
attendance of the alleged lunatic to attend at' such convenient time and
alleged place, Avithin tAventy miles of the place of residence of the
lunatic for
examination. said lunatic, as it or he appoints, for the purpose of being
personally examined by the Court or Judge or by any
person from whom it or he desires to have a report of the
mental capacity and condition of such alleged lunatic.

Power to
authorize '
8 1 4 . The Court or Judge may likewise, at any time
persons to after the application for such inquiry, make an order
have access
to alleged
authorizing any person or persons, to be therein named,
lunatic. to have access to the alleged lunatic, for the purpose of a
personal examination.

Appointment
of committees
815.—(1) If, after such inquiry, it is found that the
of person or alleged lunatic is of unsound mind, and incapable of
estate. managing himself and his affairs, the Court or a Judge
may direct inquiries to be made concerning the nature of
the property belonging to the lunatic, the persons who are
his relatives or next-of-kin, the time during which he has
been of unsound mind, or such other matters as seem
proper, and may forthwith, or after such inquiries have
been made, appoint committees of the person and estate
of the lunatic.
 521
A.D. 1 9 0 7 .
Ss. 816-820.
CIVIL PROCEDURE CODE.

(2) If the Court or a Judge finds that the alleged lunatic

is incapable of managing his affairs, but is not dangerous
to himself or to others, the Court or Judge may appoint a
committee of his estate, without appointing a committee
of his person.

816. The Court may, on the application of the person Court may
at whose instance the order directing an inquiry was f^'fah*"*^
made, or on the application of the alleged lunatic, or of
any of his relatives authorized by the Court to make the
application, or of the Attorney-General, or in Penang of
the Solicitor-General, direct that a UCAV inquiry shall be
made before a Court consisting of not less than two
Judges.
817. The Court or Judge shall make such order as posts of
appears just respecting the costs of any inquiry under '"i™"'^'-
this Chapter, and may include therein such remuneration
to any registered medical practitioner as, having regard
to the nature of the inquiry, appears reasonable.
818. If no new inquiry is directed, the finding of the Finding of
Court or Judge shall be final. ^™''-
819.—(1) The Court or Judge may, on the appoint- Powers of
ment of committees of the person and estate of a lunatic, Thnfatic's"
direct by the order of appointment, or by any subsequent ostate.
order, that the person to whom the charge of the estate is
committed shall have such powers for the management
thereof as to the Court or Judge seem necessary and
proper, reference being had to the nature of the property,
whether moveable or immoveable, of which the estate
consists.
(2) Such powers shall not extend to the sale, or charge
by Avay of mortgage, of the estate or any part thereof,
or to the letting of any immoveable property, unless for
a term not exceeding three years.
820.—(1) The Registrar may, without an order or Jow^rof
„ ^ ' . ° I •' ^ 1 , • . Kegistrar to
reference, receive any proposal and conduct any inquiry receive
respecting the management of the estate of the lunatic, ^1°?°!.^^
l o o I ' l l respectmg"
if such proposal relates to any matter which the com- management
mittee of the estate has not been empowered l^ an order esVa™*'*^'^
under section 819 to dispose of.
522
A.D. 1 9 0 7 .
Ss. 821 824.
CIVIL PROCEDURE CODE.

(2) The Registrar may likewise, Avithout reference,

receive and inquire into any proposal relating to the sale
or charge l)y way of mortgage of the estate, or of any
part thereof, or to the letting of any imm.oA^eable property
for a term exceeding three years.

Eegistrar to 8 2 1 . The Registrar shall report to the Court on the

ciurt!*° proposal, and the Court or a Judge shall, subject to this
Chapter, make such order upon the report and respecting
the costs, as under the circumstances seems just.

What 8 2 2 . The Court or a Judge or the Registrar shall,

relatives may once in the matter of each lunacy, and may afterwards,
attend
procecding.s. from time to time, determine whether any one or more,
and, if any, hoAv 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 manage-
ment 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.

Orders may 8 2 3 . The Court or a Judge may, on application by

be made by summons concerning any matter whatsoever connected
summons.
Avith the lunacy, make such order, subject to this Chapter,
respecting the application and the costs thereof and of
the consequent proceedings, as under the circumstances
seems just.

Lunatic's 8 2 4 . The Court or Judge may, if it appears to be just,

property may
be sold for or for the lunatic's benefit, order that any property,
debts, etc. moveable or immoveable, of the lunatic, and whether in
possession, reversion, remainder, contingency, or expec-
tancy, shall be sold or charged by way of mortgage, or
otherwise disposed of, as seems 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 other-
wise for his benefit;
(b) the discharge of any incumbrance of his estate;
 52S
A.D. 1 9 0 7
Ss. 825 828.
CIVIL PROCEDURE CODE.

(c) the payment of or provision for the expenses of

his future maintenance and the maintenance
of his family, including the expenses of his
removal from the Colony, and all expenses
incidental thereto;
(d) the payment of the costs of any inquiry under
this Chapter, and of any costs incurred by
order or under the authority of the Court.
Committee to
825.—(1) The committee of the lunatic's estate shall, execute
^^^^^^^,con-
in the name and on behalf of the lunatic, execute all such veyance,"eto
conveyances and instruments of transfer, relative to any
sale, mortgage or other disposition of his estate, as the ' •
Court orders.
(2) In like manner such committee shall, under the
order of the Court or Judge, exercise all powers vested in
a lunatic, whether the same are vested in him for his own
benefit, or in the character of trustee or guardian.

8 2 6 . Where a person, having contracted to sell or Co'irtmay

" order
otherwise dispose of his estate, or any part thereof, after- performance
wards becomes lunatic the Court or a Judge may, if the °' contract.
contract is such as the Court thinks ought to be per-
formed, direct the committee of the estate to execute such
conveyances and to do such acts in fulfilment of the con-
tract as it thinks proper.
8 2 7 . If a member of a partnership firm is found to be -Partner founc
a lunatic, the Court may, on the application of the
other partners, or of any person who appears to the Court
to be entitled to require the same, dissolve the partner-
ship ; and thereupon, or upon a dissolution by decree of
Court, or otherAvise b)^ 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 thinks proper.

8 2 8 . Where a lunatic has been engaged in business, Disposal of

the Court or Judge may, if it appears to be for the premiTel
lunatic's benefit that the business premises should be dis-
posed of, order the committee of the estate to sell and
-dispose of the same, and the moneys arising from such
 524
A.D. 1 9 0 7 .
Ss. 829 831.
CIVIL PROCEDURE CODE.

sale shall be applied in such manner as the Court or J u d g e

directs.
Committee
may dispone 8 2 9 . Where a lunatic is entitled to a lease or under-
of lease. lease, and it appears to be for the benefit of his estate
that it should be disposed of, the committee of the estate
may, by order of the Court or Judge, surrender, assign or
OtherAvise dispose of the same to such person for such
valuable or nominal consideration and upon such terms
as the Court or J u d g e thinks fit.

stock of 8 3 0 . Where any stock, or Government or Municipal

lunatic may ... -, i i , • i T
be ordered to securitics, or any share or debenture m any public com-
b J transferred, pauy or Corporation, transferable within the Colony or
the dividends of AA^hich are payable there, is standing in
the name of or is vested in a lunatic beneficially entitled
thereto, or in a committee of the estate of a lunatic, or
in a trustee for him, and the committee dies intestate,
or himself becomes lunatic, or out of jurisdiction of the
Court, or it is uncertain Avhether the committee is living
or dead, or he neglects or refuses to transfer the stock,
securities or shares, or to receive and pay the dividends
to a ncAV committee, or as he directs, within fourteen
days after being required by him to do sO; the Court or
a Judge 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 or Judge directs,
and such transfer or payment shall be valid and effectual
for all purposes.
stock of luna- 8 3 1 . Where any such stock, securities, or share or
tic residing
out of Colony debenture is standing in the name of or vested in any
and not within person residing out of the Colony and not in any part
United King-
dom may be of the United Kingdom, the Court or a Judge, upon
ordered to be being satisfied that such person has been declared of
transferred.
unsound mind, and that his personal estate has been
vested in a curator or manager according to the laAvs of
the place where he is residing, may order some fit person
to make such transfer of the stock, securities or shares
or of any part thereof to such curator or manager or
otherwise, and also to receive and pay over the dividends
and proceeds as the Court thinks fit, and any act done in
pursuance of such order shall be valid and effectual for
all purposes.
 525
A.D. 1 9 0 7 .
Ss. 832-837.
CIVIL PROCEDURE CODE.

832. If it appears that, having regard to the situation ^°^^l'^^°

and condition of life of the lunatic and his family and maintenance
the other circumstances of the case, it Avould be ap'pofnting thi
expedient that his property should be made available committee.
for his or their maintenance in a direct and inexpensive
manner, the Court or a Judge, may, instead of appoint-
ing a committee of the estate, order that the property,
if money, or, if of any other description, the produce
thereof^ when realized, shall be paid to such person as the
Court or Judge thinks fit, to be applied for the purpose
aforesaid, and all payments so made shall be a good
discharge to the person making the same.
833. If it appears to the Court or a Judge, that the ^^'^^"W^'^'^j,
unsoundness of mind of a lunatic is in its nature tem- maintenance
porary, and that it is expedient to make temporary for lunatic.
provision for his maintenance, or for the maintenance
of his family, the Court or Judge may, in like manner
as under section 832, direct his property or a sufficient
part of it to be applied for the purpose aforesaid.
834. The committee of the estate shall, unless '"Security
security has been dispensed with by the Court or a ° ™™""
Judge, give security to the satisfaction of the Registrar.
8 3 5 " ( 1 ) The committee of the estate shall every Accomitsof
'-"-"-'• ^ , „ , , . 1 T I C 1 committee.
three months file his accounts, and attend betore the
Registrar at such time as the Registrar fixes, and
have his accounts taken and passed.
(2) The Registrar shall make to him all just alloAv-
ances, including an allowance of his reasonable costs,
charges, and expenses of passing the accounts, and those
of the next-of-kin and other persons allowed to attend
at the cost of the estate.
8 3 6 . The balances certified by the Registrar to be Balances.
due from the committee of the estate on passing his
accounts, or so much thereof respectively as the Registrar
certifies to be proper to be paid by him, shall, unless
the Registrar otherwise orders, be paid by him into
Court, at or Avithin such time as the Registrar fixes.
837.—(1) When any person is found of unsound p^^^a^^f/g
mind, and it is shoAvn to the Court or a Judge, either in lunacy.
on the application of such person, or of any of his
 526
A.D. 1 9 0 7 .
Ss. 838-842.
CIVIL PROCEDURE CODE.

relations authorized by the Court to make the applica-

tion, or of the Attorney-General, or in Penang of the
Solicitor-General, that there is reason to believe that
such unsoundness of mind has ceased, the Court or
Judge may make an order for inquiry Avhether such
person is or is not still of unsound mind, and incapable
of managing himself and his affairs,
(2) The inquiry shall be conducted in the same man-
ner and subject to the same rules as are hereinbefore
prescribed for an inquiry into the unsoundness of m.ind
of an alleged lunatic, and, if it is found that the
unsoundness of mind has ceased, the Court shall order
all proceedings in the matter of lunacy to cease or to be
set aside on such terms and conditions as, under the
circumstances of the case, appear proper.

Chapter XL.
GRANT OF PROBATE AND LETTERS OF
ADMINISTRATION.
Probate only
to appointed
8 3 8 . Probate shall be granted only to an executor
executor, appointed by the Avill.
Appointmonl, 8 3 9 . The appointment may be express or by neces-
express or
Implied. sary implication.
Admiuisl ra-
tion with copy 8 4 0 . When a Avill has been proA'ed and deposited in
annexed of a Court of competent jurisdiction situated beyond the
autlieuticated
copy of will limits of the Colony, and a properly authenticated copy
jirovcd of the Avill is produced, probate may be granted of such
abroad.
copy or letters of administration may be granted with
a copy of such copy annexed.
Persons to 8 4 1 . Probate shall not be granted to any person Avho
whom proba(e
cannot be is a minor or is of unsound mind.
granted.
Grant of pro- 8 4 2 . When several executors are ap])ointed, probate
bate to several
,executors may be granted to them all simultaneously or at
.•jlmul-
Umoously or different times.
at diilereut Illustration.
times.
A is au 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, then to A.
 527
A.D. 1 9 0 7 .
Ss. 843 850.

CIVIL PROCEDURE CODE.

843. If a codicil is discovered after the grant of ^opa^te pro,

1 T P I T .1 1 bate of codici
probate, a separate probate of that codicil may be discovered
granted to the executor, if it in no Avay repeals the prot^fr"'"'
appointment of executors, made by the will.
844. If different executors are appointed by the Procedure
codicil, the probate of the Avill shall be revoked, and a Tx'^ecutorl''""'
ncAv probate granted of the Avill and the codicil together, aijpointed by
^ '^ -^ codicil.
845. When probate has been granted to several Accrual of
executors, and one of them dies, the entire representa- ti?nTo° '*'
tion of the testator shall accrue to the surviving executor surviving
'-' executor.
or executors.
846. Letters of administration shall not be granted To whom
, . . . „ 1 - 1 admiQistra-
to any person Avho is a minor or is ot unsound mind. tion may not
be granted.
847. Subject to section 848, Avhen a person appointed Grant of
an executor has not renounced the executorship, letters tior^where'
of administration shall not be granted to any other ^'^f'j.''^''^'^'^
person until a citation under section 913 has been issued
calling upon the executor to accept or renounce his
executorship.
848. When one or more of several executors has or Exception.
haA'e proved a will, the Court may, on the death of the
survivor of those AAdio haA^e proved, grant letters of
administration Avithout citing those Avho have not
proved.
849.—(1) Any person Avho is or may become entitled ^/"i^^"i'to™
to a grant of probate or letters of administration Avith probate, etc
or Avithout the will annexed may renounce his right to
such grant.
(2) The renunciation may be made orally in the
presence of the Court or a Judge or by a Avriting signed
by the person renouncing and Avhen made shall preclude
him from ever thereafter applying for a grant of pro-
bate or letters of administration.

8 5 0 . If the executor renounces or fails to accept the ^^h"™'^"'"'

executorship within the time limited for the acceptance executor
or refusal thereof, the will may, be proved and letters ^ " 0 0 1 ,
of administration Avith a copy of the Avill annexed may within time
limited.
 528
A.D. 1 9 0 7 .
Ss. 851-855.
CIVIL PROCEDURE CODE.

be granted to the person who would be entitled to

administration in case of intestacy.
Grant of 851. A universal or a residuary legatee may be
administra-
tion to admitted to prove the will, and letters of administration
universal or
residuary
Avith the Avill annexed may be granted to him of the
legatee. whole estate, or of so much thereof as is unadministered,
(a) Avhen the deceased has made a will, but has not
appointed an executor;
(b) Avhen he has appointed an executor Avho is
legally incapable or refuses to act, or has
died before the testator, or before he has
proved the will; or
(c) when the executor dies after having proved the
will, but before he has administered all the
estate of the deceased.
Kight to 852. When a universal or a residuary legatee who
administra-
tion of repre-
has a beneficial interest survives the testator, but dies
sentative of before the estate has been fully administered, his repre-
deceased
universal or sentative shall have the same right to administration
residuary
legatee.
with the Avill annexed as such residuary legatee.

Grant of 853. When there is no executor and no universal or

.idmlnist ra-
tion where no residuary legatee or representative of a universal or
executor, nor
residuary
residuary legatee, or he declines to act, or is incapable
legatee, nor of acting or cannot be found, the person or persons who
representa- Avould be entitled to the administration of the estate of
tive of such
legatee. the deceased if he had died intestate, or any other
legatee having a beneficial interest, or a creditor, may
be admitted to prove the Avill, and letters of administra-
tion may be granted to him or them accordingly.
Citation
before grant
854. Letters of administration Avith the Avill annexed
of administra- shall not be granted to any legatee other than a universal
tion to legatee or a residuary legatee until a citation has been issued
other than
universal or and published in the manner hereinafter mentioned,
residuary.
calling on the next-of-kin, unless he has renounced his
right, to accept or refuse letters of administration,
To whom 855.—(1) When the deceased has died intestate,
administra-
tion may be administration of his estate may be granted to the
granted. husband or widoAV or next-of-kin or any of them.
 529
A.D. 1 9 0 7 .
Ss. 856 & 857.
CIVIL PROCEDURE CODE.

(2) When several such persons apply for administra-

tion, it shall be in the discretion of the Court to grant
it to any one or more of them.
(3)' When no such person applies it may be granted
to a creditor of the deceased.

8 5 6 . In any case Avhere Court may

/ \ . i ' PI' p 1- . grant to
(a) tne next-of-kin of any person dying intestate, others.
or the greater number of such next-of-kin,
so desire;
(b) no next-of-kin or creditor or other person
appears and makes out claim to adminis-
tration; or
(c) the executors appointed by any will do not
appear and extract probate;
letters of administration of the estate and effects of
such intestate, or of such testator, may be granted by
the Court to such person as the Court thinks fit for the
purpose, at any of the Settlements Avhere the said estate
and effects, or any portion thereof, are found.
857.—(1) The Court may grant to the Official when no
Assignee or to such other person as the Court thinks fit for^'robate or
letters of administration Avith the Avill annexed or other- administra-
,. . tion at the
Wise as the case requires end of six
(a) if after the expiration of six months from the ministration
death of the deceased there is no application "^.^^^^^ ^^
for probate of his will, if any, or for letters offidai
of administration to his estate and effects; -A-8i*>giee or
/ \ - p 1 i - ' i 1 . 1 1 some other
(o) if any such application has been AvithdraAvn or person.
not proceeded Avith or refused, or
(c) if a person having Avithin six months from the
death of the deceased entitled himself to a,
grant of probate or letters of administration
neglects within one month after having so
entitled himself to give such security as is
required of him by law or by the practice of
the Court.
(2) If at any time after the death of the deceased it
is shown to the satisfaction of the Court that the
appointment of a receiver under section 946 is not a
sufficient protection to the estate of the deceased against
Yol. n , 34
530
A.D. 1 9 0 7 .
Ss. 858-861.
CIVIL PROCEDURE CODE.

waste, the Court may forthwith grant letters of admin-

istration to the Official Assignee or to such other person
as the Court thinks fit.

dIc''eM6d 8 5 8 . When a public servant not domiciled in the

public servant Colouy has died in the Colony leaving a will and no
in the'coiony. exocutor cau be found in the Colony within one month
after the death of such person Avilling and capable to
act or Avhen any such public servant has died in the
Colony intestate and no person entitled to letters of
administration has applied for administration within
fourteen days after the death of such public servant,
then if such public servant has left assets exceeding one
hundred dollars Avithin the Colony the Official Assignee
or such officer as the Governor nominates in writing may
apply to the Court for letters of administration to the
estate of such public servant either generally or with
the will annexed as the case requires.
Not to affect
powers of 859. Nothing in this Code shall affect the powers of
Chief Police the Chief Police Officer to order the property of any
Officer.
person dying intestate in the Colony, leaving moveable
property therein not exceeding five hundred dollars in
value, which property is, in the' absence of any person
entitled thereto, taken charge of by the police for the
A' purpose of safe custody, to be delivered, Avithout letters
of administration taken out, under sections 41 and 12 of
OrdiWctncG Nu. 10 (PuliLc). S'i<tri\ i\ ^ "^^ T*^'^
Executors or
administra- 860. The Court or a Judge may in its or his dis-
tors' cretion allow the executors or administrators a commis-
commission.
sion not exceeding five per centum on the value of the
assets collected by them, but in the allowance or dis-
allowance of such commission the Court or Judge shall
be guided by its or his approval or otherAvise of their
conduct in the administration of the estate.
Testamentary 8 6 1 . The Court or a Judge shall allow the executors
and funeral
expenses. or administrators the reasonable testamentary and other
expenses incurred by them, and also proper funeral
expenses and all reasonable expenses of subsequent
religious ceremonies suitable to the station in life of the
deceased.
 - 531
A.D. 1 9 0 7 .
- Ss. 862-866.
CIVIL PROCEDURE CODE.

Chapter X L I .
OF LIMITED GRANTS.

Grants limited in duration.

862. When the will has been lost or mislaid since the probate of
testator's death, or has been destroyed by wrong or °{PiJgt''^'|[f"
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 until the
original or a properly authenticated copy of it is
produced.

863. When the will has been lost or destroyed, and Probate of
no copy has been made nor the draft preserved, probate Ct^or des-
may be granted of its contents, if they can be estab- troyedwiu.
lished by evidence.

864. In cases where application has been made for Probate of

probate, and the will is in the possession of a personOTfg^mli^''*'
residing out of the Colony who has refused or neglected '^'^"t^-
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 is produoed.

865. When no will of the deceased is forthcoming, Administra-

but there is reason to believe that there is a will in pr™dMed. ^^
existence, letters of administration may be granted,
limited until the will or an authenticated copy of it is
produced.

Grants for the use and benefit or others having right.

866. When any executor is absent from the Colony, AdminiBtra-
and there is no executor within the Colony willing to annexed to
act, letters of administration Avith the Avill annexed may attorney of
be granted to the attorney of the absent executor, for the executor.
use and benefit of his principal, limited until he obtains
probate or letters of administration granted to himself.
Vol. II. ' 34A
532
A.D. 1 9 0 7 .
Ss. 867-872.
CIVIL PROCEDURE CODE.

Administra- 8 6 7 . When any person to whom, if present, letters

tion with will
annexed to of administration with the will annexed might be
attorney of
absent person, granted, is absent from the Colony, letters of adminis-
who. If tration with the Avill annexed may be granted to his
present,
would be attorney, limited as above-mentioned.
entitled to
administer.
Administra- 868- When a person entitled to administration in
tion to attor-
ney of absent case of intestacy is absent from the Colony, and no
person entitled person equally entitled is Avilling to act, letters of
to administer
in case of administration may be granted to the attorney of the
intestacy. absent person, limited as before-mentioned.

Administra- 8 6 9 . When a minor is sole executor or sole residuary

tion during
minority of legatee, letters of administration with the will annexed
sole executor may be granted to the legal guardian of such minor, or
or residuary
legatee. to such other person as the Court thinks fit, until the
minor has attained his majority, at which period, and
not before, probate of the will may be granted to him.

Administra-
tion during 8 7 0 . When there are two or more minor executors
jnlnority of
several
and no executor who has attained majority, or two or
executors more residuary legatees and no residuary legatee who
or residuary has attained majority, the grant shall be limited until
legatees.
one of them has attained his majority.

Administra- 8 7 1 . If a sole executor or a solo uuiversal or rcsiduary

tion for use •w..^. P I . . . i ."^
and benefit of legatee, or the sole next-of-kin, is a minor or lunatic,
lunatic. letters of administration Avith 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 com-
petent authority, or, if there is 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.
Administra-
tion pendente 872.-^(1) Pending any suit touching the validity of
lite. the Avill of a deceased person, or for obtaining or revok-
ing any probate or any grant of letters of administra-
tion, 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,
 633
A.D. 1 9 0 7 .
Ss. 873-877.
CIVIL PROCEDURE CODE.

(2) Every such administrator shall be subject to the

immediate control of the Court and shall act under its
direction.

Grants for special purposes.

873.—(1) If an executor is appointed for any limited Probate
purpose, specified in the will, the probate shall be limited p^pose °
to that purpose. '^fif^^^'''
(2) If he appoints an attorney to take administration
on his behalf, the letters of administration with the will
annexed shall accordingly be limited.

8 7 4 . If an executor appointed generally gives an Administra-

authority to an attorney to prove a will on his behalf, ^iuTn^xed
and the authority is limited to a particular purpose, limited to
the letters of administration with the will annexed shall ^^i
ruose.^"^
purpose.
be limited, accordingly.

8 7 5 . Where a person dies, leaving property of which Administra-

he was the sole or surviving trustee, or in which he hadto^teusT^
no beneficial interest on his own account, and leaves no property.
general representative, or one who is unable or unwil-
ling to act as such, letters of administration, limited to
such property, may be granted to the person beneficially
interested in the property, or to some other person on
his behalf.
8 7 6 . When it is necessary that the representative of Administra-
a person deceased should be made a party to a pending to^Litr'^**^
suit, and the executor or person entitled to administra-
tion 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 is com-
menced 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 judgment is made
therein and carried into complete execution.
8 7 7 . In any case in which it appears necessary for Administra-
preserving the property of a deceased person, the Court to°coii^tion
may grant, to any person whom such Court thinks fit, ^^^P^^^^''''^
letters of administration limited to the collection and deceased's
property.
 534
A.D. 1 9 0 7 .
Ss. 878-883.
CIVIL PROCEDURE CODE.

preservation of the property of the deceased, and giving

discharges for debts due to his estate, subject to the
directions of the Court.

Grants with exception.

Probate or 8 7 8 . Whenever the nature of the case requires that
)tion should
tiin with will ^^ exception should be
be made,
made, probate
probate of
of aa will
will or
or letters
lettersof
of
annexed administration with the Avill annexed shall be granted
subject to
exception. subject to such exception.

tlo^^th'"" 8 7 9 . Whenever the nature of the case requires that

exception. an exccption should be made, letters of administration
shall be granted subject to such exception.

Grants of the rest.

Probate or 8 8 0 . Whenever a grant Avith exception, of probate,
administra-
tion of rest.
or letters of administration Avith or Avithout the will
annexed, is 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 administra-
tion, as the case may be, of the rest of the deceased's
estate.

Grants of effects unadministered.

Grant of 8 8 1 . If the executor to whom probate has been
effects
unadminla-
granted has died leaving a part of the testator's estate
tered. unadministered, a new representative may be appointed
for the purpose of administering such part of the estate.

Rules as to 8 8 2 . In granting letters of administration of an

grants of
effects un- estate not fully administered, the Court shall be guided
administered. by the same rules as apply to original grants.

Administra- 8 8 3 . When a limited grant has expired by effluxion

tion when of time or the happening of the event or contingency on
limited grant
expired, and which it was limited, and there is still some part of the
still some deceased's estate unadministered, letters of administra-
part of estate
unadminis- tion shall be granted to those persons to whom original
tered. grants might have been made.
 535
A.D. 1 9 0 7 .
Ss. 884-888.
CIVIL PROCEDURE CODE.

Chapter XLII.
ALTERATION AND REVOCATION OF GRANTS.
884. Errors in names and descriptions, or in setting what errors
forth the time and place of the deceased's death, or the ™ctifiedby
purpose in a limited grant, may be rectified by the cionrt.
Court, and the grant of probate or letters of adminis-
tration may be altered and amended accordingly.

885. If, after the grant of letters of administration Procedure

with the will annexed, a codicil is discovered, it may be discovered''
added to the grant on due proof and identification, and after grant of
the grant altered and amended accordingly. tio^'^th^
wIU annexed.
886. The g r a n t of probate or letters of administra- Kevocationor
tion may be revoked or annulled for just cause. forViS^cause

Chapter XLIII.
PRACTICE IN GRANTING PROBATES AND
LETTERS OF ADMINISTRATION.
887. All applications for probate or letters of AUappU-
administration shall be by petition entitled " I n the graXt!)°be
estate of " the deceased person. ty petition.

8 8 8 . — ( 1 ) Petitions for probate of wills and letters Forniof

of administration shall state in concise terms petition.
(a) the name and place of residence of the deceased;
(b) the date and place of his death;
(c) whether the deceased died testate or intestate,
and, if the latter, such particulars of the
religion, race, or nationality of the deceased
as will be sufficient to indicate what system
of distribution is applicable to the estate;
(d) in what manner or capacity the applicant
claims to be entitled to probate or letters
of administration, with the names and
addresses, so far as they are known to the
applicant, of all persons having a prior or
equal right to the grant;
 636
A.D. 1 9 0 7 .
Ss. 889-892.
CIVIL PROCEDURE CODE.

(e) the nature of the grant applied for;

(/) the value of the estate;
(g) the names and interests of all persons who,
according to the practice of the Court, would
have a prior right to the applicant;
(A) how such prior rights are cleared off;
(i) where any of such persons have renounced, the
date of the renunciation; and
(;") where the applicant claims as the repre'senta-
tive of another person the date and par-
ticulars of the grant to him,
(2) Every petition shall give an address for service
on the petitioner.
ifbygnardian, 8 8 9 . Whcu the applicant applies as the guardian of
^Mintment ^^J iufaiit, or attorney of another person, the manner
to be shown, of his appointment shall be shortly stated in the
petition.
Petition by
attorney.
8 9 0 . When the applicant is an attorney of another
person, the Court may require that the power of attor-
ney shall be deposited in the Registry of the Supreme
Court, under Ordinance No. 36 (Conveyancing and Law
of Property), before making any grant, or direct the
same to be filed with the cause papers, if for the specific
purpose only.
Wills and 891.—(1) In applications for probates or letters of
codicils to be
deposited. administration with the will annexed, if the Avill,
codicil, or other document sought to be proved is not
already in Court, the original will, or document pro-
pounded as a will, and all codicils thereto, or, if the
same has or have already been proved in any other
Court, a properly authenticated copy, shall be filed Avith
the petition.
(2) I t shall be marked as an exhibit but shall not be
annexed to the petition.
Translations 892.—(1) In the case of wills, copies of wills, or
of wills, etc.,
not in other documents not in the English language, there shall
English. be deposited therewith a translation thereof, certified
by a sworn interpreter of the Court.
(2) If there is no interpreter attached to the Court
capable of making a proper translation, the translation
shall be verified by the affidavit of some person qualified
to translate the same.
 537
A.D. 1 9 0 7 .
Ss. 893-898.
CIVIL PROCEDURE CODE.

893. Every petition shall be verified by the oath of Petition

verified by
to be

the applicant as to the truth thereof, but it shall not be oath of

necessary that all the facts stated in the petition should ^PP''^^'^'^*-
be within the actual knowledge of the applicant.
894. Any person having interest may, at any time General
after the death and before a grant has been made, file a °'"'''*'
general caveat in the form in schedule A, so that no
grant of probate or of letters of administration of the
estate of the deceased person shall be granted without
notice to him.
895. If a petition has been already filed, the caveat Title and
shall be entitled therein, but, if no petition has been ^"^g™*^"^
'filed, the caveat shall state the name of the deceased, the
date and place of his death, his fixed place of residence
at the time of his death, and shall in all cases state the
nature of the applicant's interest.

896.—(1) Every caveat shall contain an address for caveator's

service upon the caveator within three miles of the Court stivice.'^"''
House where such caveat is entered.
(2) Any caveat may be withdrawn by the person filing
the same by notice filed in the Registry or District Court
in which the caveat was filed.
897.—(1) A person entering a caveat may state Limited
therein that he merely insists upon the will being proved '^^•^^''*'^-
in solemn form of law, and only intends to cross-
examine the witnesses produced in support of the will,
or that he merely intends to apply for an order that the
sureties of the intended administrator shall justify.
(2) In such case no summons shall be issued to him,
but the petitioner shall cause at least two days' notice
to be given to such caveator of any application to the
Court for probate or administration, and the caveator
may thereupon appear upon the hearing of such
application, and cross-examine the witnesses produced
by the applicant, or may apply for an order that the
sureties shall justify at his own expense, but he shall
not be liable to pay any cx)sts to the petitioner.

8 9 8 . If any caveat is entered in any estate, in respect N^otJ'" of

of which a petition has already been presented, the petuioner.
538
A.D. 1 9 0 7 ,
Ss. 899-902.
CIVIL PROCEDURE CODE.

Registrar shall cause notice thereof to be given to the

petitioner or his solicitor forthwith, and shall note in
the Probate Book that a caveat has been entered.
Citations to 8 9 9 . Upon filing a petition for probate or letters of
persons in
the Colony. administration the applicant shall cause citations, in
the form in schedule A, to be issued and served upon
(a) all persons in the Colony having a prior or
equal right to such probate or administra-
tion, and who have not duly renounced such
probate or administration; and
(b) any person or persons who has or have entered-
any caveat against such grant.
If persons not 900.—(1) If any person, having a prior or equal
in the
Colony, or right to probate or administration, is not resident within
numerous the jurisdiction, or his place of residence is not known,
parties.
the applicant shall, if the persons having prior or equal
rights are numerous, or, if for any other reason it would
cause great or undue expense to cite all of them, the
applicant may, apply to a Judge ex parte by summons,
Application and upon affidavit stating the facts to the best of the
for direction. applicant's knowledge and belief, for directions for
citations.

(2) The Court may thereupon make such order for the
service of citations upon any person, or may dispense
Avith service, or may direct such notice by advertisement
or otherwise to be given, as in each case seems requisite.

Service of 9 0 1 . The service of citations shall be subject to the

citations.
same rules as are herein provided for the service of writs
of summons.

Appearance. 9 0 2 . Any persou served with a citation, or, in case

the Court or a Judge has ordered a general notice to be
given, having or claiming interest, may within eight
days, or such other time as is mentioned in such citation,
after service upon him, or within such time as is named
in such notice, appear thereto, in the same manner as is
herein provided with respect to appearances to writs of
summons in ordinary actions.
 539
A.D. 1 9 0 7 .
Ss. 903-906.
CIVIL PROCEDURE CODE.

9 0 3 . The applicant may, at any time after the time ^^f^}:^^

p , . -^-^ • ' T , , " . . . petition on
tor entering appearance to all the citations or notices iist for
of citation issued in the matter has expired, or if no ^'''"°^-
citations or notices of citation have been issued, at any
time after eight days from the filing of the petition, have
the petition placed in the list for hearing, and shall give
two clear days' notice to all persons who have entered
appearance to any citation or notice.
Public
904.—(1) Every petition for probate or letters of hearing.
administration shall be heard in open Court, or, if for
hearing by the Registrar, in the Chambers of the
Registrar and such Chambers shall during the hearing
be open to the public.
(2) The nature of the grant inade shall be marked in
the margin of the petition, and dated and signed.
9 0 5 . At the hearing, if no appearance has been '^°
, 1 . , . , , . " ,. n •, ,• • 1 - appearance,
entered to the citations or notices of citation issued m application
the matter, or if no citations or notices of citations have '•''P"'''"-
been issued, the Court may, upon being satisfied, by
affidavit or otherwise, of the due service of all citations
required to be issued in the particular case, or of the
due compliance with any order as to citations that has
been made, and upon hearing such other evidence as is
necessary, make such order for the granting of such
probate or administration, or otherwise, as to the Court
seems just and expedient.
906.—(1) If any person has entered appearance to inquiry by
the citations or notices of citation issued in the matter,
the Court shall inquire into the nature of the .dispute,
and may dispose of the same in a summary manner, and
grant or refuse the prayer of the petition, or make any
other order which to the Court seems just, or the Court
may settle the terms of an issue to be tried between the
parties.
(2) The issue shall be drawn up by the Registrar, and
entered as an action for trial in a similar manner to that
provided for the trials of issues under the other pro-
visions of this Code.
(3) In an inquiry under this section, or upon the Hearing of
hearing of any probate action, the Court may order that actions^
probate or administration shall be granted to any person
540
A.D. 1 9 0 7 .
Ss. 907-909.
CIVIL PROCEDURE CODE.

appearing entitled to the same, without his filing any

petition therefor.
(4) No such grant shall be issued until the certificate
of the Commissioner of Stamps that the estate duty
payable in respect of the estate has been paid, or t h a t he
has allowed payment of the duty to be postponed, has
been produced.

Failure to 9 0 7 . If auy pcrsou who has entered appearance to

appearance, any citatiou or notice of citation fails to appear, the
Court may proceed in his absence.

Of<ier for 908.—(1) lustcad of Ordering an issue to be tried,

sutoeq°u^enr the Court may, if it considers it more expedient, order
procedure. }>]oadings to be filed, and the matter to be proceeded
Avith as an action.
Entry as an (2) The order shall be drawn up by the Registrar and
action.
numbered and entered as an action in the Cause Book,
in which action the petitioner shall be the plaintiff and
Title of cause. the caveator the defendant, in the folloAving form, with
such variations as the circumstances require :—
In the estate of Deceased
Between
Plaintiff
and
Defendant.
(3) A copy of the petition shall be attached to such
order, and the defendant shall, within eight days with-
out further notice, file and deliver his statement of
defence, which shall state clearly the interest of the
defendant, and the ground upon which he opposes the
grant applied for, and also whether he claims such or
any other grant to himself, and thereupon, and in case
of default in filing such statement of defence, the action
shall proceed, and be governed by the rules of procedure
in this Code, or by any rules hereafter to be made in
respect of actions commenced by writ.

Note in 9 0 9 . A t the time of such entry in the Cause Book,

Probate Book. ^^^ Registrar shall note in the Probate Book that the
action is pending.
 541
A.D. 1 9 0 7 .
Ss. 910-913.
CIVIL PROCEDURE CODE.
S

9 1 0 . The Court or a Judge may at any time order ^""g^of'^*"

one or more applications in respect of one estate to be petitions
consolidated, and carried on under one petition alone,
and give all necessary directions consequent upon such
consolidation.
9 1 1 . In probate actions any person not named in the Administra-
proceedings may intervene and appear in the action as prTbat^' e
heretofore on filing an affidavit shoAving how he is intervention.
interested in the estate of the deceased.

912.—(1) In probate actions where it is pleaded that Pleadings in

the testator was not of sound mind, memory, and under- tfonTctions.
standing, particulars of any specific instances of delusion
shall be delivered fourteen days before the trial.
(2) Except by leave of the Court or a Judge no
evidence shall be given of any other instances at the
trial.
913.—(1) Any person, having or taking any interest citation to
in the estate of a deceased person under his Avill, or as refuse."'^
one of his next-of-kin, or as a creditor, or otherwise,
may, without filing a petition for a grant of probate or
administration to himself, cause to be issued a citation
in the prescribed form, directed to the executor, or
executors, or residuary legatees or legatee, or any other
person or persons having a prior right to such probate
or administration before himself, calling upon the person
cited to accept or renounce such probate or adminis-
tration.
(2) Such citation shall be issued by the Registrar HO-W issued.
upon an affidavit of the party applying, or of some other
person showing the interest of the applicant, and the
right of the person to be cited, and shall be served in
manner provided for citations on petitions.
(3) If the person to be cited is not resident Avithin the
Settlement in which the citation is issued, the Registrar
shall take the directions of the Judge as to the time
when the same shall be made returnable.
(4) The person served with a citation under this sec-
tion may, if he intends to apply for probate or adminis-
tration, enter an appearance to the citation, in manner
herein provided in respect of other citations, but if he
542
A.D. 1 9 0 7 .
Ss. 91*-916.
C I V I L P R O C E D U R E CODE.

does not appear to the citation, according to the exigency

thereof he shall, upon proof of the due service of the
citation, be deemed to have renounced such probate or
administration, and, if he appears but does not at once
proceed to apply for such probate or administration, the
party citing may apply by summons for an order that,
unless the person cited applies for and extracts, such
probate or administration, within such time as the Court
names, such person shall be deemed to have renounced
the same.
(5) Such citation shall be entitled in the same manner
as a petition, and shall be entered and numbered in the
Probate Book.
Bringing In 914.—(1) Whether any action or proceeding is or is
paper testa-
mentary. not pending in the Court with respect to any probate or
administration, the Court or a Judge may, upon the
application of any person by summons, supported by
affidavit, showing that any paper writing, being or pur- '
porting to be testamentary, is in the possession or under
the control of any person, order such person to produce
and bring such paper writing into the Registry.
(2) If it is not shown that any such paper writing is
in the possession or under the control of such person,
but it appears that there are reasonable grounds for
believing that he has knowledge of such paper writing,
the Court or Judge may order such person to attend for
the purpose of being examined in Court or in Chambers,
or upon interrogatories respecting the same, and upon
such examination the Court or Judge mav make such
order as the circumstances of the case require.
(3) Such application shall be entitled and entered in
a similar manner as in section 913 mentioned.
Receipt to be 9 1 5 . Upon any 'person bringing into the Registry
granted.
any Avill or paper purporting to be testamentary, the
Registrar shall grant him a receipt for the same.

Application 916.—(1) Applications to alter or revoke grants of

to alter or probates or letters of administration shall be made by
revoke grant.
m.otion, supported by affidavit setting out the facts,
calling upon the executor or administrator to show cause
Avhv such probate or administration should not be set
aside, recalled, or cancelled.
 543
A.D. 1 9 0 7 .
Ss. 917-921.
CIVIL PROCEDURE CODE.

(2) The notice shall be an eight days' notice unless

otherwise ordered.

917.—(1) Upon the hearing of the motion, the Court ^^'n*'"'

may adjudicate upon the matter either then or at some
future time Avithout any pleadings, or it may direct
pleadings to be filed.
(2) If the Court gives such direction the party seeking
to alter or have revoked such probate or administration
shall, within eight days, or such other time as the Court
allows, file his statement of claim, and thereupon an
action shall be deemed to have been commenced, in which
the person seeking to alter or have revoked such probate
or administration shall be plaintiff and the executor or
administrator defendant.
(3) Such action shall proceed, and be entered, and
carried on in all respects in manner herein provided for
•probate actions.

9 1 8 . Upon the grant of any probate or administra- °**^-

tion the party taking the same shall take an oath in the
form in schedule A faithfully to administer the estate
and to account for the same.

9 1 9 . In the case of administrations whether with or *""'' ^'

without the Avill annexed the person to whom the grant
is made or on Avhose behalf it is sealed shall give security
for the due administration of the estate.

9 2 0 . When letters of administration are granted to a admlidstering

creditor, he shall, before the grant is sealed, enter into a to give secu-
bond to p a y the debts of the deceased rateably, without rateable
any preference of his OAvn debt. distribution.

9 2 1 . — f l ) T h e security shall ordinarily be by bond in '"'S"™-

the form in schedule A by the petitioner and two sure-
ties in the amount a t which the estate within the juris-
diction is sworn.
(2) T h e Court or a J u d g e may for sufficient reasons
increase or decrease the number of the sureties or dis-
pense with them and may reduce the amount of the bond,
and the Court or J u d g e in exercising its discretion shall
consider the standing of the parties, the nature of the
 544
A.D. 1 9 0 7 .
Ss. 922-926.
CIVIL PROCEDURE CODE.

property and the extent of the administrator's personal

interest or distributive share in the estate.
Scdenext-of. 0 2 2 . Wheu the administrator is entitled to the whole
of the estate after payment of the debts, sureties in the
bond may ordinarily jbe dispensed with.

bj'offidli^ 9 2 3 . No security shall be required by the Court to be

Assignee. givcu by the Official Assignee on the grant of letters of
administration being made to him.
fdml^isTered^* 924.—(1) A surcty to au administration bond may at
on application auy tluie apply by way of originating summons to the
sure y. Court Or a Judge for the administration of the estate in
respect of which it is given.
(2) If on such application the Court or Judge is satis-
fied that the administrator is not administering the
estate in a proper and efficient manner or has committed
or is about to commit any breach of trust or that for any
other reason such order is desirable, the Court or Judge
may order such estate to be administered by the Court or
make such other order as seems fit.

^dmSrat*ion 925.—(1) Upou application made by summons the

or other Court or a Judge may, on being satisfied that the con-
dition of any administration bond has been broken, order
the Registrar to assign the same to some person to be
named in such order.
(2) Such person may thereupon sue on the said bond
in his own name as if the same had been originally
given to him, and shall be entitled to recover thereon as
a trustee for all persons interested the full amount
recoverable in respect of any breach of the condition of
the said bond.
Register of 926.—(1) So soou as may be after
(a) a will has been proved, or
(b) administration has been granted Avith the will
annexed, or
(c) a grant of a like nature has been sealed under
Chapter XLIV., or
(d) an original Avill has been forwarded by any
District Court.
 545
A.D. 1 9 0 7 .
Ss. 927-929.
CIVIL PROCEDURE CODE.

such Avill or in the case of Avills in a foreign language

the English translations thereof shall be copied by the
proper officer into a book kept for that purpose i"n the
Registry and to be called the Register of Wills.
(2) After such copy has been made the original, if it
is in the custody of the Court, shall be deposited in a
safe in the strong room or muniment room of the Court
or in sucli other place of safe custody as the Governor
with the concurrence of the Chief Justice determines,
and shall not be taken therefrom or inspected Avithout
an order of the Court or a Judge.
(3) The Register shall shoAv the date of each Avill and
Avhere it is deposited.
(4) An index shall be kept of all Avills copied in the i'^'^'"'-
Register of Wills under the names of the respective
testators.
(5) For the purposes of this section "Avill" includes
any testamentary paper admitted to probate.

9 2 7 . No original Avill in the possession of the Court inspection of

shall at any time be inspected Avithout the order of the wiik"''
Court or a Judge, but Avith respect to Avills deposited
prior to the commencement of the Register of Wills or
not entered therein on the first day of April, 1908, the
same ma}^ be inspected in the presence of the Registrar.

9 2 8 . — ( 1 ) No original Avill in the possession of the Copiesand

Court ma.}^ be copied by any ]:)erson other than an officer
of the Court to Avhom the duty is assigned.
(2) No person inspecting a Avill shall use at the time
of such inspection any ink or Avriting fluid or indelible
pencil, but may make a note or extract in lead pencil of
the date, the executors' names, the signature and Avit-
nesses' names and a short precis of the contents.

9 2 9 . A t any time Avhen the Registry is open to the p°'i^^°'|on of

public any person may search the Register of Wills and '^"^"^ •""
index thereto and inspect the same upon pa)anent of
tAventy-five cents for each index or book searched, and
may take copies or extracts therefrom, provided that
such copies or extracts are made Avith lead pencil only
and not Avith any ink or Avriting fluid or indelible pencil.
Vol. II, ' 35
546
A.D. 1 9 0 7 .
S. 930.
CIVIL PROCEDURE CODE.
Proper
descriptions 9 3 0 . In petitions under this Chapter the following
of person descriptions should be used :—
applying
English (a) Avhere there is one executor or executrix only
probate
practice. named in the Avill, he or she should be
described as the sole executor or the sole
executrix;
(b) Avhere persons are applying for administration :
a widoAV as "the lawful widow," or, if the
deceased Avas of a religion alloAving
polygamy, as "the only lawful
widoAv" or " one of the lawful
widoAvs," as the case may be;
a husband as " the lawful husband";
a father " the laAvful father and next-of-kin ";
a mother " the lawful mother and next-of-kin,"
or " the laAvful mother and only
next-of-kin ";
"a child " the lawful and only child and only
next-of-kin " or " one of the laAvful
children and next-of-kin ";
a brother "the laAvful brother";
a sister " the laAvful sister ";
the brother or sister shall further be
described as "one of the next-of-
k i n " or the "only next-of-kin";
a nephew "the lawful nephew" ] and " one of
k h e " or " only
a niece " the laAA^ul niece " | next-of-kin"-
if a brother or sister is living and the
nephcAv or niece being the child of
a brother or sister of the intestate
Avho died in his life-time applies
for administration he or she shall
be described as " one of the persons
entitled in distribution to the
estate and effects of the deceased";
a grandparent grandchild, cousin, etc., shall be
described as "laAvful" and "oneof
the next of the kin " or "only next-
of-kin."
 547
A.D. 1 9 0 7 .
Ss. 931 & 932.
CIVIL PROCEDURE CODE.

Chapter X L I V .
RE-SEALING OF PROBATES AND LETTERS OF
ADMINISTRATION GRANTED IN THE
UNITED KINGDOM AND ELSEWHERE,

9 3 1 . In this Chapter interpre-

^ tation.
"Court of Probate" means any court or authority,
by Avhatever name designated, having juris-
diction in matters of probate;
" Probate " and " Letters of Administration " include
confirmation in Scotland and any instrument
having in the United Kingdom or in a British
possession the same effect Avhich, under the
laAV of the Colony, is given to probate and
letters of administration, respectiA^ely;
" Probate Duty " includes any duty payable on the
value of the estate and effects, for Avhich
probate or letters of administration is or are
granted;
" British Court in a foreign country " means any
British Court having jurisdiction out of the
dominions of His Majesty in pursuance of
an Order of His Majesty in Council, Avhether
made under any Act or otherAvise;
"British possession" includes any part of a British
possession having a separate legislature;
Each of the Federated Malay States and the State
of Brunei shall be deemed to be a British
possession.
932.—(1) This Chapter shall apply to the folloAving countries to
British possessions, viz.. Hong Kong, British Guiana, applied.
Natal, Trinidad, Tasmania, NCAV South Wales, NCAV
Zealand, South Australia, Fiji, The Gold Coast, Lagos,
St. Vincent, and the Falkland Islands, and to the
Federated Malay States and to Brunei.
(2) The Governor in Council may, on being satisfied ^PP}|,°^^*'°J|'
that-the legislature of any other British possession has councir'"
made adequate provision for the recognition, in that
possession, of probates and letters of administration
o-ranted by the Supreme Court, direct by order that this
^ Vol. II. 35A
548
A.D. 1 9 0 7 .
Ss. 933-936.
CIVIL PROCEDURE CODE.

(chapter shall, subject to an}' exceptions and modifica-

tions specified in the order, apply to that possession,
and thereupon, while the order is in force, this Chapter
shall apply accordingly.
Orders to be (.3) Every order made by the Governor in Council
laid before
Legislative under this Chapter shall be laid on the table of the
Council.
Legislative Council, as soon as may be after it is made,
and shall be published in the Gazette.
Power of
Court to 9 3 3 . Where a Court of Probate in the United King-
re-seal. dom, or in a British possession to Avhich this Chapter
applies, has granted probate or letters of administration
in respect of the estate of a deceased person, the probate
or letters of administration so granted may, on being
])roduced to and a copy thereof deposited in the Supreme
Court, be sealed Avith the seal of the Supreme Court, and
thereupon shall be of the like force and effect, and have
the same operation in the Colony, as if granted by the
Supreme Court to the person by Avhoni or on Avhose
behalf the application for sealing Avas made.

Application to
British Courts 9 3 4 . Any probate or letters of administration
In foreign
Countries.
granted by a British Court in a foreign country
may be sealed in the Colony in the manner provided
in section 933, and the provisions of this Chapter shall
apply accordingly Avith the necessary modifications.

Application 9 3 5 . This Chapter shall apply to probates and letters

to probates,
etc., already of administration granted in the United Kingdom,
granted.
either before or after the first day of April, 1908, and,
Avhen applied by an order of the Governor in Council
to a British possession, shall, subject to such order, apply
to probates and letters of administration granted in tliat
possession either before or after the said date.

Applications
to be hy
936.—(1) Applications for sealing probates or letters
petition. 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 attorney, duly authorized for the purpose, of them
or of one or more of them,, either in person or through
a solicitor.
 54i
A.D. 1 9 0 7
Ss. 937-939.
CIVIL PROCEDURE CODE.

(2) The petition shall be in the form in schedule A, J'°™^°J

with such variations as the circumstances require.
(3) 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.
(4) If such statement is unsatisfactory, such further
proof of the cause of such delay shall be required by the
Judge or Registrar as he thinks fit.
(5) The applicant shall on making such application Address for
file in Court an address for service, not being more than ^®^'"^' "^-
tAvo miles distant from the Court House, Avhere writs,
notices and other documents relating to the estate of the
deceased person may be left, and every such writ, notice
or other document shall be deemed to have been duly
served upon the executor or administrator by or on
behalf of whom such application is made.
(6) Where the applicant is not represented by a Applicant not
solicitor, the Registrar shall, if required, draw and pre- ty^sbiicitor.
pare the necessary Court papers, and shall charge for
his services in that behalf a fee of five dollars.

9 3 7 . The provisioDs of Ordinance No. 103 (Stamps) in ^' *« ''^^"^P'-

lelation to estate duty, including the penal provisions
thereof, shall apply as if the person Avho applies for
sealing under this Chapter Avere a person applying for
probate or letters of administration.

938.—(1) For the purposes of section 933 a duplicate Duplicate of

of any probate or letters of administration, sealed Avith S same'effect
the seal of the Court granting the same, or a copy as original.
thereof, certified as correct by or under the authority of
the Court, granting the same, shall have the same effect
as the original.
(2) The copy of the probate or letters of administra-
tion, required by section 933 to be deposited in the
Supreme Court, shall be annexed to the petition, and
verified by the affidavit, and shall include copies of all
testamentary papers admitted to probate.

939.—(1) The Supreme Court shall, before sealing a ^/''^^J^^^^^.^^

probate or letters of administration under this Chapter, to Supreme
Court before
sealing.
 550
A.D. 1 9 0 7 .
Ss. 940 & 941.
CIVIL PROCEDURE CODE.

(a) require production of the certificate of the Col-

lector of Stamp Duties that the estate duty
payable in respect of the estate has been paid
or that he has alloAved payment of the duty to
be postponed;
(b) be satisfied in the case of letters of administra-
tion, 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 Colony to which the letters of adminis-
tration 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
Avhere he has resided, or carried on business, during the
tAveh^e months before his death.
(2) If it appears that the deceased Avas not at the time
of death domiciled AAnthin the jurisdiction of the Court
from Avhich the grant issued, the seal shall not be affixed,
unless the grant is such as the Supreme Court Avould
have made.
Debts agalust
the estate to
940.—(1) The Court may also, if it thinks fit, on the
creditors In application of any creditor, or, if the deceased has resided
the Colony. or carried on business in the Colony within twelve months
before his death, of its oAvn motion, require, before sealing,
adequate security to be given for the payment of debts
due from the estate to creditors residing in the Colony,
Application, (2) Applications under this section may be made
how made. ex parte by summons in Chambers, or in Avriting to the
Registrar, but it may in any case be directed that such
application shall be made by summons in Chambers to be
serA'ed on the person applying for sealing.

.Notice by 941.—(1) Any creditor in the Colony of any person,

creditor to
Registrar. who dies leaving property in the Colony, may give notice
in Avriting to the Registrar at the several Settlements,
requiring a notice to be given to such creditor of any
a.pplication for sealing under this Chapter.
(2) A note of such notice in Avriting 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
 55;
A.D. 1 9 0 7
. . Ss. 942-946.
• CIVIL PROCEDURE CODE.

seven days' previous notice of the application for sealing

being given by the applicant to such creditor.

942.—(1) On application to seal letters of adminis- Bond.

tration, the administrator or his attorney shall give a
bond in the form set out in schedule A to cover the pro-
perty of the deceased Avithin the jurisdiction of the
Supreme Court.
(2) The same practice as to sureties and amount of
penalty in bond shall be observed as on an application
for letters of administration.

9 4 3 . On sealing the probate or letters of administra- oJi'"ter'

tion the Registrar shall write thereon a memorandum in etc
the foUoAving Avords or to the folloAving effect:—
Sealed Avith the seal of the SuprcTrte Court of the
Straits Settlements this day of 19 . -
PROBATE 19 , No. .
(Registrar.)
9 4 4 . Notice of the sealing in the Colony of a grant ^g°|^|°^
shall be forthAvith sent by the Registrar to the Court
from Avhich the grant issued

9 4 5 . When intimation has been received of the re- Notice of

sealing of a grant issued in the Colony, notice of the
revocation of, or any alteration in, such grant shall be
forthAvith sent by the Registrar to the Court by the
authority of which such grant Avas re-sealed.

Chapter XLV.

PROTECTION OF ESTATES.

946.—(1) When any person dies leaving property Appointment

Avithin the Colony, and it appears to the Court that there of estatls^of
is danger that such property may be wasted unless some ^I'^Ulf
person is appointed to receive and preserve the same, the
Court may, on a petition presented by
(a) a devisee or legatee under the Avill of the
deceased person;
 552
A.D. 1 9 0 7 .
Ss. 947-950.
CIVIL PROCEDURE CODE.

(b) one of the next-of-kin of the deceased;

(c) a person having the custody or management of
the property of the deceased at the time of
his death or acting as an attorney of the
deceased at the time of his death; or
(d) the Official Assignee,
appoint the Official Assignee, or such other person as the
Court thinks fit, to act as receiA'er of such property.
(2) Every such petition shall be verified by affidavit
of the petitioner, or of some other person having knOAV-
ledge of the facts and service thereof upon the persons
mentioned in section 899 (a) and (b) unless dispensed
Avitli by the Court, shall be effected in the manner pre-
scribed by this Code.
Duties of 947.—(1) The receiver shall provide for the safe cus-
receiver.
tody and preservation of such pro])erty until jDrobate of
the Avill of the deceased person or letters of administra-
tion of his estate and eft"ects are granted by the Court
(2) The receiver may sell any p a r t of such property as
is of a perishable nature, or the sale of Avhich will be, in
his opinion, beneficial to the estate.

femovm.'"etc 9 4 8 . Auy persou Avho, without laAvful authority or

such prop'erty.' excusc, rcmoves or attempts to i-emove out of the Settle-
ment any portion of such estate or effects, or destroys,
conceals, or refuses to yield up the same on demand to
the receiver, shall be liable, on conviction by a Police
Court, to a fine not exceeding five hundred dollars, Avith
or Avithout imprisonment of either description for a term
which may extend tn six months.

No security 9 4 9 . No sBcurity sliall be required by the Court to be

V^offi^ciTi" given by the Official Assignee on his being appointed as
Assignee. rccciver under this Chapter.

No suit 950.—(1) No suit shall be brought against the

against the
receiver. receiver for anything done by him in relation to the
property of the deceased, under the authority or m the
execution or intended execution of the powers vested in
him by this C/ha]jter, but any person who feels aggrieved
thereby may apply to the Court or a J u d g e by summons
supported by affidavit.
 553
A.D. 1 9 0 7 .
Ss. 951-953.'
CIVIL PROCEDURE CODE.

(2) Upon the hearing of such summons, the Court or p^^j^j^J^ ^•^'
Judge may take such evidence as it or he thinks fit and
may make any order in relation to such property Avhich
the justice of the case requires.
951. The receiver shall have a lien upon all such Expenses to
„ , ,, . ' , , , . , be a charge
property for the reasonable expenses incurred by him m on the estate.
respect thereof in carrying out this Chapter, and such
expenses shall constitute a primary charge on the estate
of the deceased.
952. The provisions of section 707 to 713 shall, except f^^^l^'^/^'
so far as the same are inconsistent with this Chapter, remuneration
and accounts.
apply to receivers appointed under this Chapter.

Chapter X L V I .
APPLICATIONS AND PROCEEDINGS IN
CHAMBERS.
9 5 3 . The business to be disposed of in Chambers Bnsiness to
shall consist of the following matters :— ?nchamw^.
(a) applications for payment or transfer to any Applications
^ ' r^ 1 ... Cii for payment
person ot any cash or securities, or ot tne .or transfer of
dividends or interest on anv securities stand- '^'^^^ ?''.
•• securities or
ing to the credit of any cause or matter, imymentof
whether to a separate account or otherwise; fnteiTt''^""^
(b) applications for interim and permanent invest- For invest-
ment, and for payment of dividends or ment ami
. J. ./ payment of
interest; dividends.
(c) applications on behalf of infants, where the On behalf of
infant is a ward of Court, or the administra- i^^^ints.
tion of the estate of the infant, or the main-
tenance of the infant, is under the direction
of the Court;
(d) applications connected with the management of ^^^I'^l'"'^^^^'
property; property.
(e) applications for, or relating to, the sale by Relating to
auction or private contract of property, and property.
as to the manner in Avhich the sale is to be
conducted, and for payment into Court and
investment of the purchase money;
554
A.D. 1 9 0 7 .
Ss. 954 & 955.

CIVIL PROCEDURE CODE.

For taxation, (/) all applications, not being applications for

etc., of bill of.
costs. orders of course, for the taxation and
delivery of bills of costs, and for the delivery
by any solicitor of deeds, documents, and
papers;
Por the di.s-
tribution ot (g) applications for orders on the further considera-
insolvent and tion of any cause or matter, where the oi'der
oth»r estates.
to be made is for the distribution of an insol-
vent estate, or for the distribution of the
estate of an intestate, or for the distribution
of a fund among creditors or debenture
holders;
Por time lo
plead, etc. (h) applications for time to plead, for leave to
amend pleadings, for discovery and produc-
tion of documents, and generally all applica-
tions relating to the conduct of any cause or
matter;
Substituted (i) ajjplications for substituted service;
service and
service out of
jui'Isdlctlo]!.
(;') applications for service out of the jurisdiction;
Arrest and (k) applications for arrest and attachment of pro-
other matters. perty before judgment;
(I) applications for interim preservation of
property;
(m) originating summonses;
(n) applications Avhich, by any statute, are
authorized to be made in a summary manner,
or which have usually been made in Chambers;
(fl) such other matters as the Judge thinks fit to
dispose of at Chambers.

Compulation 9 5 4 . The Court or Judge may direct any computa-

etc!°toTe' tion of interest or apportionment of any fund, to be
acted upon by certified by the Registrar, and to be acted upon by the
Accountant- r-i i i . i r . i
General, etc. Accountaut-General or otlier person Avithout further
order.
Assistance of Experts.
Power to 9 5 5 . The Judge in Chambers may in such way as he
obtain the
assistance ot thinks fit obtain the a,ssistance of accountants, mer-
accountants, chants, engineers, actuaries, and other scientific persons,
etc.
to enable any matter at once to be determined, and he
may act upon the certificate of any such person.
 555
A.D. 1 9 0 7 .
Ss. 956-961.
CIVIL PROCEDURE CODE

Guardian ad litem.
956. At any time during the proceedings at any ^,'JJ)^'^?"^^"''
Judge's Chambers under any judgment or order the reference to
Judge may, if he thinks fit, require a guardian ad litem proceedings
Chamber?.
at

to be appointed for any infant, or person of unsound

mind not so found by inquisition, Avho has been served
with notice of such judgment or order.

Documents to be left at Chambers.

957. In all cases of proceedings in Chambers under copy of
any judgment or order, the party prosecuting the same irdf""'''*"'
shall leave an office copy of such judgment or order Avith
the Registrar.

9 5 8 . Whenever any matter is adjourned from the Eegistrar'

Court to Chamljers, or any directions are given in Court "rder^noT
to be acted upon at Chambers, Avhether upon a matter drawn up.
adjourned into Court from Chambers, or upon any
other occasion, Avithout an order being draAvn up, a note
signed by the Registrar stating for Avhat purpose such
matter is adjourned to Chambers, or the directions
given, shall be procured from the Registrar and left at
Chambers.

959. A note stating the names of the solicitors for Names of

all the parties, and shoAving for Avhich parties such
solicitors are concerned, shall be left at Chambers with
every judgment or order.

960. A copy of every certificate of the registry of '^°'^}f °f .

" r. ' •' J •' n • n ,. c .° J •' X certificates of
entry of a memorandum ot service ot notice of judgment registry.
or order, and of every appearance entered by a person
served with such notice to attend the proceedings,
certified by the solicitor, shall be left at Chambers.
Summons to Proceed.
961.—(1) Every judgment or order directing f^^f'"^'"
gment.
accounts or inquiries to be taken or made shall be etc., directing
brought into Chambers by the party entitled to prosecute ^nquhils.^""^
the same, Avithin ten days after the same has been passed
and entered.
 556
A.D. 1 9 0 7 .
Ss. 962-964.
CIVIL PROCEDURE CODE.

(2) In default thereof any other party to the cause or

matter may bring in the same, and such party shall have
the prosecution of such judgment or order, unless the
Judge otherwise directs.

pi^ed'with 962.—(1) Upon a copy of the judgment or orcier

accounts and bciug left, a summoiis shall be issued to proceed wi th the
dl^ooteT accounts or inquiries directed, and, upon the return of
such summons, the Judge, if satisfied by proper evidence
that all necessary parties have been served Avith notice
of the judgment or order, shall thereui)on give directions
as to
(a) the manner in which each of the accounts and
inquiries is to be prosecuted;
(b) the evidence to be adduced in support thereof;
(c) the parties who are to attend on the several
accounts and inquiries;
(d) and the time within which each proceeding is
to be taken.
(2) A day or days may be appointed for the further
attendance of the parties, and all such directions may
afterwards be varied, by addition thereto or otherwise,
as is necessary.
Settling deed
In case
963.—(1) Where by a judgment or order a deed is
parties differ. directed to be settled in t'hambers, in case the parties
dift'er a summons to ])roceed shall be issued.
(2) Upon the return of the summons the party entitled
to prepare the draft deed shall be directed to deliver a
copy thereof, within such time as the Judge thinks fit,
to the party entitled to object thereto.
(3) The party so entitled to object shall be directed to
deliver to the other party a statement in Avriting of his
objections, if any, within eight days after the delivery
of such copy, and the proceeding shall be adjourned
until after the expiration of the said period of eight
days.
Where service 9 6 4 . Where upon the hearing of the summons to
of notice of proceed it appears that by reason of absence, or for any
judgment or
order dis- other sufficient cause, the service of notice of the judg-
pensed 'Wit'i. ment or order upon any party cannot be made, or ought
to be dispensed Avith, the Judge may Avholly dispense
with such service, or order any substituted service, or
 , 5 5 7
A.D. 1 9 0 7 .
Ss. 965-968.
CIVIL PROCEDURE CODE.

notice by advertisement or otherAvise, in lieu of such

service.

965. Where service of notice of a judgment or order Power to bind

for accounts and inquiries is dispensed Avith, the Judge ^,^cro"n whom
in person may, if he thinks fit, order that the persons as to is di.«pensed
whom service is dispensed Avith shall be bound as if served, "'"''
and they shall be bound accordingly, except Avhere the
judgment or order has been obtained by fraud or non- •
disclosure of material facts.

966. If, on the hearing of the summons to proceed, it stoppage of

appears that all necessary parties are not parties to the ^vherelu''
action, or have not been served Avith notice of the judg- necessary
ment or order, directions may be given for advertisement not been^^"
for creditors, and for leaving the accounts in Chambers, served with
but the adjudication on creditors' claims and the accounts judgment or
shall not be proceeded Avith, nor other proceeding be °^'^
order.
taken, except for the purpose of ascertaining the parties
to l>e served, until all necessary parties have been served
and are bound, or service has been dispensed Avith, and
until directions have been given as to the parties Avho
are to attend on the proceedings.

967.—(1) The course of proceeding in Chambers Coi.rse of

shall ordinarily be the same as the course of proceeding F™ch'affi"bers.
in Court upon motions.
(2) Copies, abstracts, or extracts of or from accounts, Papers for use
deeds, or other documents, and pedigrees and concise Epgistfar!""^
statements shall, if directed, be supplied for the use of
the Judge or Registrar and, Avhere so directed, copies
shall be handed over to the other parties.
(3) No copies shall be made of deeds or documents
where the originals can be brought in, unless the Judge
or Registrar otherAvise directs.

A ttendances.
968.—(1) Where, upon the hearing of the sum.mons classifying
to proceed, or at any time during the prosecution of the jMrtirs,^*^
judgment or order, it appears to the Judge, Avith respect
to the Avhole or any portion of the proceedings, that the
interests-of the parties can be classified, he may require
568
A.D 1 9 0 7 .
Ss. 969-971.

CIVIL PROCEDURE CODE.

the parties constituting each or any class to be repre-
sented by the same solicitor, and may direct AA^hat parties
may attend all or any part of the proceedings.
(2) Where the parties constituting any class cannot
agree upon the solicitor to represent them, the Judge
may nominate such solicitor for the purpose of the pro-
ceedings before him.
(3) Where any one of the parties constituting such
class declines to authorize the solicitor so nominated to
act for him, and insists upon being represented by a
different solicitor, such party shall personally pay the
costs of his OAvn solicitor -of and relating to the proceed-
ings before the Judge, Avith respect to Avhich such
nomination has been made, and all such further costs as
are occasioned to any of the parties by his being repre-
sented by a different solicitor from the solicitor so to be
nominated.

,ludge may 9 6 9 . Whenever in any ])roceeding before a Judge in

require dis-
tinct solicitor Chambers the same solicitor is employed for tAvo or more
to represer.t
parties.
parties, such Judge at his discretion may require that
any of the said parties shall be represented before him
by a distinct solicitor, and adjourn such proceedings
until such party is so represented.

Attendance of
parties not
9 7 0 . Any of the parties, other than those Avho have
directed to been directed to attend, may attend at their own expense,
attend. and upon paying the costs, if any, occasioned by such
attendance-, or, if they think fit, they may apply by
summons for liberty to attend at the expense of the
estate, or to have the conduct of the action, either in
addition to or in substitution for any of the parties Avho
haA^e been directed to attend.

.\ccounts.
Accounts to be 971.— (1) Where any account is directed to be taken
verified by '
affidavit num- the accounting party, unless the Court or a Judge other-
bered and left Avise directs, shall make out his account and A'erify the
in Chambeis
or with same by affidavit.
referee.
(2) The items on each side of the account shall be
numbered consecutively, and the account shall be referred
 • 559
A.D. 1 9 0 7 .
Ss. 972-977.
CIVIL PROCEDURE CODE.

to by the affidavit as an exhibit, and be left in the

Registry or Avith the special referee, as the case may be.
9 7 2 . Upon the taking of any account the Court or a ^^""^1°^
of
T l i - , i P i^ , n , 1 1 g vouchin
account.?.
Judge may direct that the vouchers shall be produced at
the office of the solicitor of the accounting party, or at
any other convenient place, and that only such items as
are contested or surcharged shall be brought before the
Judge in Chambers.
9 7 3 . Any party seeking to dispute any item in an Surcharge
and falsifica-
account, or to charge any accounting party beyond what tion.
he has by his account a'dmitted to have received, shall
giA^e notice thereof to the accounting party, stating, so
far as he is able, the amount sought to be disputed or
charged, and the particulars thereof, in a short, succinct
manner, and shall leave a copy of such notice in the
Registry or Avith the special referee.

9 7 4 . In taking any account directed by any judgment Justaiiow-

or order all just alloAvances shall be made Avithout any '™'^^'
direction for that purpose.

9 7 5 . Each Registrar shall once in CA-ery three months Eegistrar to

report to a Judge all the cases in Avhich he considers ™poi'(leiay.
that there has been a^y undue delay in the proceedings ji
before him.

Advertisements for Creditors and Claimants.

9 7 6 . Where a judgment or order is giA^en or made Claimants not
coming in to
Avhether in Court or in Chambers, directing an account prove,Vtc
of debts, claims, or liabilities, or an inquiry for next-of- s^i'^'ied-
kin or other unascertained persons, unless otherAvise
ordered all persons, Avho do not come in and prove their
claims within the time fixed for that purpose by adver-
tisement, shall be excluded from the benefit of the judg-
ment or order.

9 7 7 . When an advertisement is required for the Adveiiise-^

purpose of any proceedings in Chambers, the Registrar ™™ed! ^""'
shall direct in Avhat manner the advertisement shall be
issued, and he may direct that the same shall be adver-
tised by circular, to be distributed in such manner and
 560
A.D. 1 9 0 7 .
Ss. 978-982.

CIVIL PROCEDURE CODE.

in such language as he thinks fit, as Avell as by adver-

tisement in ncAvspapers.
Advertise-
ments, how 9 7 8 . The adA^ertisements or circulars shall be pre-
prepared. pared by the party prosecuting the judgment or order,
and submitted to the Registrar for approval, and when
approved shall be signed by him.
Substance 979.—(1) Advertisements for creditors and other
and form of
ad\-ertl8ement. claimants shall fix a time Avithin which each claimant,
not being a creditor, shall come in and prove his claim,
and within Avhich each creditor shall send to the execu-
tor or administrator of the deceased, or to such other
party as the Judge directs, or to his solicitor, to be
named and described in the advertisement, the name and
address of such creditor, and the full particulars of his
claim, and a statement of his account, and the nature of
the securitA'', if any, held by him.
(2) Such advertisements shall be in one of the forms
in schedule A, with such variations as the circum-
stances of the case require.
(3) A t the time of directing such advertisement a
time shall be fixed for adjudicating on the claims.

Unless served 9 8 0 . No creditor need make any affidaAdt, nor attend

with notice
creditor need in support of his claim, except to produce his security,
not attend. unless he is served with a notice requiring him to do
so as hereinafter provided.

Creditors to 981.—(1) Every creditor shall produce the security,

produce their
securities and if any, held by him before the Judge, at such time as is
evidence of sjiecified in the advertisement for that purpose, being
their debts if
required. the time appointed for adjudicating on the claims
(2) Every creditor shall, if required by notice in
writing, to be given by the executor or administrator of
the deceased, or by such other party as the J u d g e
directs, produce all other deeds and documents neces-
sary to substantiate his claim before the J u d g e at his
Chambers, at such time as is specified in such notice.

Creditor 9 8 2 . Any creditor Avho neglects or refuses to comply

neglecting
notice not to with section 981 shall not be allowed any costs of proving
have costs. his claim, unless the J u d g e otherwise directs.
 561
A.D. 1 9 0 7 .
Ss. 983-986.
CIVIL PROCEDURE CODE. '

9 8 3 . The executor or administrator of the deceased, or ^^/""'"ffiVT

1 J.1 1 -r 1 T 1 Tl and verinca-
sucn other party as the Judge directs, shall tion of claims.
(a) examine the claims of creditors sent in pursuant
to the advertisement;
(b) ascertain, so far as he is able, to Avhich of such
claims the estate of the deceased is justly
liable; and
(c) at least seven clear days prior to the time
appointed for adjudication,
file an affidavit to be made by such executor or adminis-
trator, or one of the executors or administrators, or such
other party, either alone or jointly with his solicitor or
other competent person, or otherwise, as the Judge directs,
verifying a list of the claims the particulars of Avhich
have been sent in pursuant to the advertisement, and
stating to which of such claims or parts thereof, respec-
tively, the estate of the deceased is, in the opinion of the
deponent, justly liable, and his belief that such claims or
parts thereof, respectively, are justly due and proper to
be allowed, and the reasons for such belief.

984. In case the Judge thinks fit so to direct, the Affida-vits

making of the affidavit referred to in section 983 shall be Ikims^ay be
postponed till after the day appointed for adjudication, postponed.
and shall then be subject to such directions as the Judge
gives.

985. Where, on the day appointed for hearing the ;^rJhOT''^^"'

claims, any of them remain undisposed of, an adjourn- evidence.
ment day for hearing such claims shall be fixed, and,
where further evidence is to be adduced, a time may be
named within which the evidence on both sides shall be
closed, and directions may be given as to the mode in
which such evidence shall be adduced.

986.—(1) At the time appointed for adjudicating ^^''{^^'^f*?^"

upon the claims of the creditors, or at any adjournment
thereof, the Judge may in his discretion
(a) allow any of the claims, or any part thereof,
respectively, without proof by the creditors;
Vol. II, 36
562
A.D. 1907.
Ss. 987-990.
CIVIL PROCEDURE CODE.

(b) direct such investigation of all or any of the

claims not allowed, and require such further
particulars, information, or evidence relating
thereto as he thinks fit;
(c) require any creditor to attend and to prove his
claim, or any p a r t thereof.
(2) The adjudication on such claims as are not then
allowed shall iDe adjourned to a time to be then fixed.

Notice to 987.—(1) Notice shall be given by the executor or

ciaii^°Iiiowed administrator, or such other party as the J u d g e directs,
or disallowed. ^^ every Creditor whose claim, or any p a r t thereof, has
been allowed without proof by the creditor of such allow-
ance, and to every such creditor as the J u d g e directs to
attend and prove his claim, or such p a r t thereof as is not
allowed by a time to be named in such notice, not being
less than seven days after such notice, and to attend at a
time to be therein named, being the time to which the
adjudication thereon has been adjourned.
(2) If any creditor does not comply with such notice,
his claim, or such part* thereof as aforesaid, shall be
disallowed.

Claims after 9 8 8 . After the time fixed by the advertisement no

expiration of
time fixed. claims shall be received, unless the Judge at Chambers
thinks fit to give special leave, upon application made by
summons, and then upon such terms and conditions as to
oosts and otherwise as the Judge thinks fit.

Costs of
creditor's
989.—(1) A creditor who has come in and established
establishing his debt in the Judge's Chambers under any judgment or
his debt. order shall be entitled to the costs of so establishing his
debt.
(2) The sum to be allowed for such costs shall be fixed
by the Judge, unless he thinks fit to direct the taxation
thereof.
(3) The amount of such costs, or the sum allowed in
respect thereof, shall be added to the debt so established.
List of olalme
allowed.
9 9 0 . A list of all claims allowed shall, when required
by the Judge, be made out and left in the Judge's
Chambers by the person who examines the claims.
 . 563
A.D. 1 9 0 7 .
Ss. 991-995.
CIVIL PROCEDURE CODE.'

9 9 1 . Where any judgment or order is made for pay- fj.^^o°g' °*

ments by the Accountant-General to creditors, the party °'*
whose duty it is to prosecute such judgment or order
shall send to each such creditor or his solicitor, if any,
a notice that the cheques may be received from the
Accountant-General, and such party shall, when required,
produce such judgment or order, and any other papers
necessary to enable such creditors to receive their cheques
and get them passed.

9 9 2 . Every notice by this order required to be given to Service of

creditors or other claimants shall, unless the Judge other- "his wde".^'
wise directs, be deemed sufficiently given and served if
transmitted by post, prepaid to the creditor or other
claimant, tO' be served according to the address given in
the claim sent in by him pursuant to the advertisement,
or in case such creditor or other claimant has employed
a solicitor, to such solicitor according to the address
given by him.
Interest.
9 9 3 . Where an adjustment of accounts becomes neces- Computation
sary between the lender and borrower of money upon any between^^
mortgage or any other contract, interest shall be cal- lender and
culated at the rate stipulated therein, or if no rate of
interest has been stipulated and interest is payable under
the terms of the contract at such rate not exceeding eight
per centum per annum as the Court or a Judge thinks
fit.
9 9 4 . Where a judgment or order is made directing an Computation
account of the debts of a deceased person, unless other- debts bearing
wise ordered, interest shall be computed on such debts, interest
as to such of them as carry interest at the rate they
respectively carry, and as to all others at the rate of eight
per centum per annum from the date of the judgment or
order.

9 9 5 . A creditor, whose debt does not carry interest. Allowance of

who comes in and establishes the same before the Judge i^'bt^not"
in Chambers under a judgment or order of the Court, or carrying
order of the Judge in Chambers, shall be entitled to ^°'^'^^'*-
interest upon his debt, at the rate of eight per centum per
annum from the date of the judgment or order, out of
Vol. I I , 36A
564
A.D. 1 9 0 7 .
Ss. 996-1000.
CIVIL PROCEDURE CODE.

any assets which may remain after satisfying the costs

of the cause or matter, the debts established, and the
interest of such debts as by law carry interest.
Interest on 9 9 6 . Where a judgment or order is made directing an
account of legacies, interest shall be computed on such
legacies at the rate of eight per centum per annum from
the end of one year after the testator's death, unless other-
wise ordered, or unless any other time of payment or rate
of interest is directed by the will, and in that case accord-
ing to the will.

Certificates of the Registrar.

Eegistrar's 997.—(1) The directions to be given for or touching
certificate.
Judge need any proceedings before the Registrar shall require no
not sign.
particular form, but the result of such proceedings shall
be stated in the shape of a concise certificate to the
Judge.
(2) It shall not be necessary for the Judge to sign such
certificate, and, unless an order to discharge or vary the
same is made, the certificate shall be deemed to be
approved and adopted by the Judge.
Reference to 9 9 8 . The certificate of the Registrar shall not, unless
judgment.
the circumstances of the case render it necessary, set out
the judgment or order, or any documents, or evidence, or
reasons, but shall refer to the judgment, or order, docu-
ments, and evidence, or particular paragraphs thereof,
so that it may appear upon what the result stated in the
certificate is founded.
Preparation
and settlement 999.—(1) The certificate shall, when the Judge so
of Registrar's directs, be prepared by the solicitor of one of the parties,
certificate.
who shall obtain an appointment to settle the certificate,
and shall give notice of such appointment to the other
parties.
(2) No summons to settle the certificate of the Regis-
trar shall be issued.
Form of
certificate. 1000.—(1) The certificate of the Registrar shall be in
the form in schedule A, with such variations as the cir-
cumstances require, and, when prepared and settled, shall
be transcribed in such form and within such time as the
 565
A.D. 1 9 0 7 .
Ss. 1001-1003.
CIVIL PROCEDURE CODE.

Registrar requires, and shall be signed by the Registrar

either then, or, if necessary, at an adjournment to be
made for the purpose.
(2) When such certificate has been signed by the
Registrar, notice thereof shall be given to the parties or
their solicitors.
1001.—(1) Where an account is directed, the certi- Contents of
certificate In
ficate shall cases of
(a) state the result of such account, not setting the accounts.
same out by way of schedule, but referring
to the account verified by the affidavit filed;
(6) specify by the numbers attached to the items in
the account which, if any, of such items have
been disallowed or varied;
(c) state what additions, if any, have been made by
way of surcharge or otherwise.
(2) Where the account verified by the affidavit has been
so altered that it is necessary to have a fair transcript of
the account as altered, such transcript may be required
to be made by the party prosecuting the judgment or
order, and shall then be referred to by the certificate.
(3) The accounts and the transcripts, if any, referred Filing of
accounts and
to by certificates shall be filed therewith, or retained in transcripts.
Chambers and subsequently filed, as the Judge in Cham-
bers directs.
(4) No copy of any such account shall be required to be
taken by any party.
1 0 0 2 . Any party may, before the proceedings before Taking
the Registrar are concluded, take the opinion of the juTge""*
Judge upon any matter arising in the course of the
proceedings, without any fresh summons for the pur-
pose.
1003.—(1) Every certificate, with the accounts, if ^^4?^^^^^^
any, to be filed therewith, shall be filed in the Registry, become
and shall thenceforth be binding on all parties to the ^^^^^s-
proceedings, unless discharged or varied upon applica-
tion by summons, to be made before the expiration of
fifteen clear days after the filing of the certificate.
(2) The time for applying to discharge or vary certi-
ficates to be acted upon by the Accountant-General with-
out further order, or certificates on passing receivers'
accounts, shall be two clear days after the filing thereof.
566
A.D. 1 9 0 7 .
Ss. 1004-1008.
CrVIL PROCEDURE CODE.

Discharge or
variation ot
1 0 0 4 . The Judge may, if the special circumstances of
certificate the case require it, upon an application by motion or
after lapse of summons for the purpose, direct a certificate to be dis-
any time.
charged or varied at any time after the same has become
binding on the parties.
Further consideration.
Further 1005.^—(1) Where any matter originating in Chambers
consideration
ot matter has been adjourned at the original or any subsequent
originating In hearing, for further consideration in Chambers, such
Chambers.
matter may, after the expiration of eight days and within
fourteen days from the filing of the Registrar's certi-
ficate, be brought on for further consideration, by a
summons to be taken out by the party having the conduct
of the matter, and, after the expiration of such fourteen
days, by a summons to be taken out by any other party.
(2) Such summons shall be in the form following :—
" "That this matter, the further consideration whereof
was adjourned by order of the day of
19 , may be further considered," and shall be served
six clear days before the return.
(3) This section shall not apply to any matter the
further consideration whereof, at the original or any sub-
sequent hearing, has been adjourned into Court.
Notes of proceedings.
Notes of 1 0 0 6 . Notes shall be kept of all applications and pro-
proceedings
in Chambers. ceedings before the Registrar with proper dates, so that
all such proceedings in each cause or matter may appear
consecutively, and in chronological order, with a short
statement of the questions or points decided or ruled at
every hearing.
Provisions as 1 0 0 7 . Scctious 415 to 419 shall apply to applications
ord^ers"^"* "^ '^i^f^ proccediugs in Chambers under this Chapter.
apply.

Chapter X L VII.
POWERS AND JURISDICTION OF
THE REGISTRARS OF THE SUPREME COURT.
Jurisdiction 1 0 0 8 . The Registrars of the Supreme Court m.ay
of Registrar.
transact all such business, and exercise all such authority
and jurisdiction in respect of the same, as may be
 567
A.D. 1 9 0 7 .
S. 1008.
CIVIL PROCEDURE CODE.

transacted or exercised by a Judge at Chambers, except

in respect of the following proceedings and matters :—
(a) all matters relating to criminal proceedings or
the liberty of the subject;
(6) the settlement of issues, except by consent;
(c) the transfer or removal of cases to or from a
District Court;
(d) prohibitions;
(e) injunctions and other orders of a like nature;
(/) awarding of costs, other than the costs of, or
relating to, any proceeding before a
Registrar, and other than costs which by
this Code, or by the order of the Court, or a
Judge, he is authorized to award;
(g) reviewing taxation of costs;
(h) orders absolute for charging stocks, funds,
annuities, or share of dividends or annual
proceeds thereof;
(i) applications to dispense with the concurrence
of a husband in a disposition by a married
woman;
(;*) making orders upon originating summonses in
relation to the matters mentioned in sec-
tions 68, 71 and 72;
(k) making orders for arrest and attachment
before judgment under Chapter XXXI.;
(l) making orders for the interim preservation of
property under Chapter XXXII.;
(m) summonses the object of Avhich is to obtain the
opinion of the Court or a Judge upon the
construction of a document or any question
of law;
(n) making orders appointing a new trustee, or for
general administration, or for the execution
of a trust, or for accounts or inquiries con-
cerning the property of a deceased person,
or other property held upon any trust, or
concerning the parties entitled thereto, and
vesting or other orders consequential on the
appointment of neAv trustees.
568
A.D. 1 9 0 7 .
Ss. 1009-1013.
CIVIL PROCEDURE CODE.

EeTstJafin 1 0 0 9 . The Registrar may hear applications for and

respect of grant probate and letters of administration in all cases
i'eTters^of"'^ iu which the right to the grant is not contested, and
administra- may hear and determine applications for re-sealing
*'°°' probates and letters of administration in accordance
with Chapter X L I V .
Special powers 1 0 1 0 . Whenever there is no Judge of the Supreme
in absence of
Judge. Court present at the Settlement in the execution of the
duties of his office, and for the purposes of this section
a J u d g e shall be deemed to be absent when illness
prevents him from attending to his duties, the Registrar
shall have all the poAvers of the Court under Chapter
X X X . and may also make such orders as are necessary
under section 1008 (c), (k), and (Z), and may make
interim orders in matters under section 1008 (d) and (e),
and generally all such other orders of an urgent nature
for the preservation or protection of property, or the
proceeds thereof, or the rights of parties, until the
matter can be brought before the Court or a J u d g e
What matters 1 0 1 1 . —(1) The Judgcs may, subject to this Code,
by'^Ee^g^trars. ordcr what mattcrs shall be heard and investigated by the
Registrars, either with or Avithout their direction, during
their progress, and what matters shall be heard and
investigated by themselves, and particularly, if the J u d g e
so directs, the Registrar shall take such accounts and
make such inquiries as have usually been taken and
made by the Registrar.
(2) The Judge shall give such aid and directions in
every such account or inquiry as he thinks fit, but sub-
ject to the right hereinafter provided for the parties to
bring any particular point before the Judge.
Powers of 1 0 1 2 . Each Registrar may, for the purpose of any
Registrars.
proceedings directed to be taken before him, issue
advertisements, summon parties and witnesses, admin-
ister oaths, require the production of documents, take
affidavits and acknowledgments, and, when so directed
by the Judge, examine parties and Avitnesses, either
upon interrogatories or viva voce as the Judge directs.
Duty of 1013.—(1) Parties and witnesses summoned to
sum^nedto attend before a Registrar shall be bound to attend in
attend before pursuauce of the sumuious, and shall be liable to process
the Registrar.
 569
A.D. 1 9 0 7 .
Ss. 1014-1018.
CIVIL PROCEDURE CODE.

of contempt, in like manner as parties or Avitnesses are

liable thereto, in case of disobedience to any order of
the Court, or in case of default in attendance in pur-
suance of any order of the Court, or of any writ of
subpoena ad testificandum.
(2) All persons swearing or affirming before any
Registrar shall be liable to all such penalties, punish-
ments, and consequences for any wilful and corrupt
false swearing or affirming contained therein, as if the
matter sworn or affirmed had been sworn or affirmed
before any other person by law authorized to administer
oaths, to take affidavits, and to receive affirmations.
1 0 1 4 . If any matter appears to the Registrar Reference by
proper for the decision of a Judge, the Registrar may to*j„dge''
refer the same to a Judge, and the Judge may either
dispose of the matter or refer the same back to the
Registrar with such directions as he thinks fit.
1015.—(1) Any person affected by any order or Ke^Srar™"'
decision of a Registrar may appeal therefrom to a
Judge at Chambers.
(2) Such appeal shall be by way of indorsement on
the summons by the Registrar at the request of any
party, or by notice in writing to attend before the Judge
without a fresh summons within four days after the
decision complained of, or such further time as is
allowed by a Judge or Registrar.
(3) Unless otherwise ordered there shall be at least
one clear day between service of the notice of appeal
and the day of hearing.
1 0 1 6 . An appeal from a Registrar's decision shall stay of
not operate as a stay of proceeding unless so ordered by P™'=®^'^"'K8.
a Judge or Registrar.

Chapter XL VIII.
SALES BY THE COURT.
1017. In this Chapter an action for partition Definition of
includes an action for sale and distribution of the paftiti""-
proceeds.
1018. In an action for partition where, if this Code Powerof
had not been passed, a judgment for partition might sa^rinstead of
division.
570
A.D. 1 9 0 7 .
Ss. 1019 & 1020.
CIVIL PROCEDURE CODE.

have been made, then,- if it appears to the Court that

by reason of the nature of the property to which the
suit relates, or of the number of the parties interested,
or presumptively interested, therein, or of the absence
or disability of some of those parties, or of any other
circumstance, a sale of the property and a distribution
of the proceeds would be more beneficial for the parties
interested than a division of the property between or
among them, the Court may, if it thinks fit, on the
request of any of the parties interested, and notwith-
standing 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.
Sale on appli-
cation of
1 0 1 9 . In an action for partition where, if this Code
certain had not been passed judgment for partition might have
proportion of been made, then, if the party or parties interested,
parties
interested. individually or collectively, to the extent of one moiety
or upwards in the property to which the suit relates,
request the Court to direct a sale of the property and a
distribution of the proceeds, instead of a division of
the property between or among the parties interested,
the Court shall, unless there is good reason to the con-
trary, direct a sale of the property accordingly, and
give all necessary or proper consequential directions.
As to purchase 1020.—(1) In au actiou for partition where, if this
p-irt'/d'esfring Codo had not been passed, a judgment for partition
sale. might have been made, then, if any party interested in
the property to which the suit relates requests the Court
to direct a sale of the property and a distribution of
the proceeds, instead of a division of the property
between or among the parties interested, the Court may,
if it thinks fit, unless the other parties interested in the
property or some of them undertake to purchase the
share of the party requesting a sale, direct a sale of the
property, and give all necessary or proper consequential
directions.
(2) In case of such undertaking being given, the
Court may order a valuation of the share of the party
requesting a sale, in such manner as the Court thinks
fit, and may give all necessary or proper consequential
directions.
 ..::-. 571
•; A.D. 1 9 0 7 .
; ; Ss. 1021 & 1022.
./:• CIVIL PROCEDURE CODE.

1021,—(1) Any person who, if this Code had not Parties to

U 1 • 1, 1 • . n . p partition suits.
been passed, might have maintained an action for par-
tition, may maintain such action against any one or
more of the parties interested without serving the other
or others, if any, of those parties, and it shall not be
competent to any defendant in the suit to object for
want of parties.
(2) At the hearing of the cause, the Court may direct
such inquiries as to the nature of the property, and the
persons interested therein, and other matters, as it
thinks necessary or proper, with a view to an order for
partition or sale being made on further consideration.
(3) All persons who, if this Code had not been passed,
would have been necessary parties to the action, shall
be served with notice of the judgment or order made on
the hearing, and after such notice shall be bound by the
proceedings as if they had been originally parties to the
action, and shall be deemed parties to the suit, and all
such persons may by an order of Court have liberty to
attend the proceedings.
(4) Any such person may, within one month after
such service, apply to the Court to add to or vary the
decree or order.
1022.—(1) Where in a suit for partition it appears Power to
to the Court or a Judge that notice of the judgment on se^vi^'^or
the hearing of the action cannot be served on all the notice of
persons on whom that notice is by section 1021 required in'spTciai"' ^^
to be served, or cannot be so served without undue delay cases.
or difficulty, or without expense disproportionate to the
value of the property to which the suit relates, the
Court or Judge may, if it or he thinks fit, on the request
of any of the parties interested in the property, and
notwithstanding the dissent or disability of any others
of them, by order dispense with that service on any
person or class of persons specified in the order, and
may direct advertisements to be published, or notices to
be forwarded or posted, at such times and in such
manner as the Court or Judge thinks fit, calling upon
all persons claiming to be interested in such property
who have not been so served to come in and establish
their respective claims in respect thereof before the
Judge in Chambers, within a time to be thereby limited.
572
A.D. 1 9 0 7 .
S. 1023.
CrVIL PROCEDURE CODE.

(2) After the expiration of the time so limited all

persons who have not so come in and established such
. claims, whether they are within or without the juris-
diction of the Court, including persons under any dis-
ability, shall be bound by the proceedings in the action,
as if, on the day of the date of the order dispensing
with service, they had been served with notice of the
judgment service whereof is dispensed with; and the
Court or J u d g e may thereupon, if it or he thinks fit,
declare a sale of the property, and give all necessary or
proper consequential directions.

Proceedings 1 0 2 3 . Where an order is made under this Chapter

^'d^ipensir* dispensing with service of notice on any person or class
with. of persons, and property is sold by order of the Court
(a) the proceeds of sale shall be paid into Court to
abide the further order of the Court;
{b) the Court shall by order fix a time a t the expira-
tion of which the proceeds will be distri-
buted, and may from time to time by further
order extend that time;
(c) the Court shall direct such notices to be given,
by advertisements or otherwise as it thinks
best adapted to bring to the knowledge of
any persons, service on whom has been dis-
pensed with, and who have not previously
come in and established their claims, the
fact of the sale, the time of the intended
distribution, and the time within which a
claim to participate in the proceeds must be
made;
{d) if, at the expiration of the time so fixed or
extended, the interests of all the persons
interested have been ascertained, the Court
shall distribute the proceeds in accordance
with the rights of those persons;
(e) if, at the expiration of the time so fixed or
extended, the interests of all the persons
interested have not been ascertained, and it
appears to the Court that they cannot be
ascertained, or cannot be ascertained with-
out expense disproportionate to the value of
 573
A.D. 1 9 0 7 .
Ss. 1024 & 1025.
CIVIL PROCEDURE CODE.

the property, or of the unascertained

interests, the Court shall distribute the pro-
ceeds in such manner as appears to the
Court to be most in accordance Avith the
rights of the persons whose claims to par-
ticipate in the proceeds have been estab-
lished, Avhether all those persons are or are
not before the Court, and with such reserva-
tions, if any, as to the Court seems fit in
favour of any other persons, whether ascer-
tained or not, who appear, from the
evidence before the Court, to have any
prima facie rights which ought to be so pro-
vided for, although such rights may not have
been fully established, but to the exclusion
of all other persons^ and thereupon all such
other persons shall by virtue of this Chapter
be excluded from participation in those
proceeds on the distribution thereof, but
notwithstanding the distribution any
excluded person may recover from any
participating person any portion received
by him of the share of the excluded person.
1 0 2 4 . Where in an action for partition two or more Provision tor
sales are made, if any person, who has by virtue of succe°ssive
this Chapter been excluded from participation in the sales in same
proceeds of any of those sales, establishes his claim to
participate in the proceeds of a subsequent sale, the
shares of the other persons interested in the proceeds
of the subsequent sale shall abate to the extent, if any,
to Avhich they Avere increased by the non-participation
of the excluded person in the proceeds of the previous
sale, and shall to that extent be applied in or towards
payment to that person of the share to Avhich he Avould
have been entitled in the proceeds of the previous sale,
if his claim thereto had been established in due time

1 0 2 5 . In an action for partition a request for sale Request by

may be made, or an undertaking to purchase given, on woman,infant
the part of a married woman, so far as the same relates °^JP''"°°
to property not being her separate estate, infant, person disability.
of unsound mind, or person under any other disability,
by the next friend, guardian, committee in lunacy, if
574
A.D. 1 9 0 7 .
Ss. 1026-1030.
CIVIL PROCEDURE CODE.

SO authorized by order under this Code, or other person

authorized to act on behalf of the person under such
disability, but the Court shall not be bound to comply
with any such request or undertaking on the p a r t of an
infant, unless it appears that the sale or purchase will
be for his benefit.

CoiTrTto* 1 0 2 6 . If in any cause or matter relating to any

order sale of immoveable property, it appears necessary or expedient
real estate. ^^^^ ^^^ samc, Or auy p a r t thereof, should be sold, the
Court or a J u d g e may order the same to be sold, and
any party bound by the order, and in possession of the
estate, or in receipt of the rents and profits thereof,
shall be compelled to deliver up such possession or
receipt to the purchaser, or such other person as is
thereby directed.
Conduct of 1027. Whenever in an action for the administration
sale of trust
of the estate of a deceased person, or execution of the
trusts of a written instrument, a sale is ordered of any
property vested in any executor or trustee, the conduct
of such sale shall be given to such executor, adminis-
trator, or trustee, unless the Court or a J u d g e other-
Avise directs.
Authority for 1028. On any sale under this Chapter the Court or
parties
interested lo Judge may allow any of the parties interested in the
bid. property to bid at the sale, on such terms as to non-
payment of deposit, or as to setting off, or accounting
for the purchase money, or any p a r t thereof, instead of
5)aying the same, or as to any other matters, as to the
Court or Judge seems reasonable
Power to 1029. In any action relating to immoveable property
order
mortgage the Court or a Judge, if it or he considers that a mort-
instead of
gage is more advantageous to those interested in the
property than a sale, may order the property or a p a r t
of it to be mortgaged on such terms and conditions as
are approved by the Court or Judge.

Modeof 1030.—(1) In all cases where a sale, mortgage, par-

sai^'^'mo^rt"-"'* titlou, or cxchangc is ordered, the Court or a J u d g e
gage, partition shall havc powcr, in addition to the powers already
whtn^oXtd existing, with a view to avoiding expense or delay, or
by Court.
 575
A.D. 1 9 0 7 .
Ss. 1031-1033.
CIVIL PROCEDURE CODE.

for other good reason, to authorize the same to be carried

out either as at present
(a) by laying proposals before the Judge in
Chambers for his sanction; or
(b) by proceedings altogether out of Court, any
moneys produced thereby being paid into
Court, or to trustees, or otherwise dealt with
as the Judge in Chambers orders.
(2) The Judge shall not authorize the said proceed-
ings altogether out of Court, unless and until he is
satisfied, by such evidence as he deems sufficient, that
all persons interested in the estate to be sold, mort-
gaged, partitioned, or exchanged are before the Court,
or are bound by the order for sale, mortgage, partition,
or exchange.
(3) Every order authorizing the said proceedings
altogether out of Court shall be prefaced by a declara-
tion that the Judge is so satisfied as aforesaid, and a
statement of the evidence upon Avhich such declaration
is made.
1 0 3 1 . In debenture holders' actions, wliere the Powerto
debenture holders are entitled to a charge by virtue of ^r'laie'^^'^
the d.ebentures, or of a trust deed, or otherwise, and the debenture
plaintiff is suing on behalf of himself and other deben- actior^ats
tany
ture holders, and Avhere the Judge in person is of time.
opinion that there must eventually be a sale, he may in
his discretion direct a sale before judgment, and also
after judgment, before all the persons interested are
ascertained, Avhether served or not.
1032.—(1) Before any estate or interest is put Examination
up for sale under a judgment or order, there shall be °*'^*'®-
such examination of the title by the Registrar or such
advocate and solicitor as the Judge or Registrar
directs, as will enable proper directions to be given as
to conditions of sale, and other matters connected Avith
the sale.
(2) The conditions of sale may specify a time for
delivery of the abstract of title to, or for the examina-
tion of the title by, the purchaser or his solicitor.
1033.—(1) Where a judgment or order is given or ^f ro'batio'n^
madof whether in Court or in Chambers, directing any of the Judge.
576
A.D. 1 9 0 7 .
Ss. 1034-1039.
CIVIL PROCEDURE CODE.

property to be sold, unless otherwise ordered the same

shall be sold, Avith the approbation of the Judge, to the
best purchaser that can be got for the same, to be
allowed by the Judge.
(2) All. proper parties shall join in the sale and con-
veyance, as the Judge directs.
Order for
payment ot 1034. No order for the payment of purchase money
purchase into Court shall be necessary, but a direction for that
money
into Court purpose, signed by the Registrar, shall be sufficient
not necessary. authority for the Accountant-General to receive the
money.
Form of 1035. Affidavits for the purpose of enabling the
affidavit
of value. Judge to fix reserved biddings shall state the value of
the property by reference to an exhibit containing such
value, so that the value may not be disclosed by the
affidavit when filed.
Prints of par- 1 0 3 6 . As SOOU as particulars and conditions of sales
ticulars and settled at Chambers have been printed, two copies of
conditions o t , . I T I , / - I I I i n i
sales. the particulars settled at the Judges Chambers shall be
left at the Registry.-
Certificate of 1037.—(1) In the case of sales under the direction
result of sale
to be made by of the Court the particulars of the sale shall be signed
auctioneer
and solicitor
by and the result of the sale shall be certified under the
iu lieu of hands of the auctioneer and of the solicitor of the party
affidavit.
having the conduct of the sale.
(2) No affidavit verifying the particulars or the
result of the sale shall be necessary.
Reference of 1 0 3 8 . The Court or a Judge may refer to an
matters of
title to an advocate or solicitor of the Court any matter relating
Advocate
and Solicitor.
to the investigation of the title to an estate, with the
view to an investment of money in the purchase or on
mortgage thereof, or with a view to a sale thereof, or
to the settlement of a draft of conveyance, mortgage,
settlement, or other instrument, or any other matter
Avhich the Court or Judge thinks fit to refer, and may
receive and act upon the opinion given in the matter
referred.
Objection to 1 0 3 9 . Auy party may object to the opinion given by
Advocate and j ^ j v -j. 1 il, xu • x •
soUcitor's any advocate and solicitor, and thereupon the point in
opinion.
- , . . • • • 577
A.D. 1 9 0 7 .
Ss. 1040 & 1041.
CIVIL PROCEDURE CODE.

dispute shall be disposed of by the Judge in Chambers

or in Court as he thinks fit.

Chapter XLIX.
LEASES AND SALES OF SETTLED ESTATES
1 0 4 0 . In this Chapter
(a) "settlement" signifies any statute, deed, agree- Definitions of
^ . --ii .i_ . . J. settlement
ment, will, or other instrument, or any and settled
number of such instruments, under or by estates.
virtue of which any immoveable property,
or any estates or interests therein, stand
limited to, or in trust for, any person or
persons, by way of succession, including any
such instruments affecting the estates of any
one or more of such persons exclusively;
(b) "settled estates" signifies all immoveable pro-
perty and all estates or interests therein
which are the subject of a settlement, and
includes any immoveable property of or
to which an infant is seized or entitled in
his own right;
(c) all estates or interests in remainder or reversion Remainders
not disposed of by the settlement, and revert- ^^^J^^'"''
ing to a settlor, or descending to the next-
of-kin of a testator, shall be deemed to be
estates coming to such settlor, or next-of-
kin, under or by virtue of the settlement;
(d) in determining what are settled estates, the How court
Court or Judge shall be governed by the t"'!^*™^"^"-
state of facts, and by the trusts or limita-
tions of the settlement at the time of the
said settlement taking effect.
1041.—(1) The Court or a Judge, if it is deemed power to
proper and consistent with a due regard for the interests g^ig^' "^^®
of all parties entitled under the settlement, from time settled
to time, may authorize a sale of the whole or any part e^^^^*^"
of any settled estates, to be conducted and confirmed in
the same manner as a sale of lands sold under a judg-
ment of the Court.
Vol. II. 37
 578
A.D. 1 9 0 7 .
S. 1042.
CIVIL PROCEDURE CODE.

Proceeds of (2) The proceeds of such sale shall be invested, or

sale to be
dealt with so dealt Avith by the Court, in such manner as the Court
as best to
carry out or a Judge thinks best calculated to carry out the inten-
intention. tions of the settlor, and, subject thereto, with due
regard to the interests of those intended to be benefited
by the settlement.
Consideration (3) When any such lands are sold for building pur-
on lands for
buildings. poses the Court or a Judge may, if it or he sees fit, allow
the whole or any part of the consideration to be a rent
issuing out of such land, to be secured and settled in
such manner as the Court or Judge approves.
Court to
direct
(4) On every sale under this Chapter the Court or a
execution of Judge may direct what person or persons shall execute
conveyance. the deed of conveyance
(5) The deed, executed by such person or persons,
shall take effect as if the settlement had contained a
power enabling such person or persons to effect such
sale.

Tuthorize 1 0 4 2 . — ( 1 ) The Court or a J u d g e from time to time,

leases of if it is deemed proper and consistent with a due regard
estates ^^'^ ^^^ iutcrests of all parties entitled under the settle-
ment, may authorize leases, for such time as the Court
or J u d g e deems expedient, not exceeding ninety-nine
years for building or repairing leases, or for leases for
other purposes in cases where the Court or J u d g e con-
siders that a lease for twenty-one years is not sufficient,
or twenty-one years for other leases, of the whole or
any p a r t of any settled estates, or of any rights or
privileges over or affecting any settled estates, for any
purpose whatsoever, whether involving waste or not;
and may authorize the acceptance of surrenders of any
such leases, either for the purpose of obtaining a
renewal of the same or otherwise.
Best rent to (2) On evcry such .lease there shall be reserved the
e reserve . ^^^^ rent, or rcservatiou in the n a t u r e of rent either
uniform or not, t h a t can be reasonably obtained without
taking any fine or other benefit in the n a t u r e of a fine.
Proviso. (3) A pepper-corn rent, or any smaller rent than 'the
rent to be ultimately made payable, may, if the Court
or a J u d g e thinks fit so to direct, be made payable
during any p a r t of the term of the lease.
 579
A.D. 1 9 0 7 .
Ss. 1043-1046.
CIVIL PROCEDURE CODE.

(4) Every such lease shall be by deed, and the lessee ^^^^^^'^^
shall execute a counterpart thereof.
(5) Every such lease shall contain such covenants, what
covenants.
conditions and stipulations, as the Court or Judge
deems expedient, with reference to the special circum-
stances of the lease.
(6) The power hereby given to authorize leases shall f^°j^®^tQ
extend to authorize preliminary contracts to grant any preliminary
such leases, and any of the terms of such contracts may contracts.
be varied in the leases.

1 0 4 3 . The Court shall not authorize any sale or ^^°^Yed°°* *°

other act beyond the extent to which, in the opinion of powers of
the Court, the same might have been authorized, in and settlor.
by the settlement, by the settlor or settlors.

1 0 4 4 . Every application for a lease or sale of settled fj'^l^'^^^^^

estate or any part thereof shall be by originating originating
summons. summons.

1 0 4 5 . The application may be made by or on behalf vi^ho may

of ' " ^ppiy-
(a) any person entitled to the possession, or to the
receipt of the rents and profits, of any set-
tled estates for a term of years determinable
on his death, or for an estate for life, or any
greater estate;
(b) any person entitled to the possession, or to the
receipt of the rents and profits of any settled
estates, as the assignee of any person who,
but for such assignment, would be entitled
to such estates for a term of years determin-
able with any life, or for an estate for any
life, or any greater estate;
(c) or by any trustees for any such person.

1046.—(1) Every such summons shall be intituled Form of

" I n the matter of the estates settled by (the settlor, summons.
naming one of them, and referring to the instrument by
which the settlement teas created)."
(2) Every such summons, either in the body thereof,
or in a memorandum attached thereto, or by a plan
thereto annexed, shall contain a detailed description of
Vol. II. 37A
580
A.D. 1 9 0 7 .
Ss. 1047-1051.
CIVIL PROCEDURE CODE.

the property proposed to be dealt with, sufficient to

identify the same.
Consent by 1047. Any person interested in the application may
interested
persons. signify his consent thereto by a writing on or filed with
the summons, signed in the presence of the Registrar
or of a solicitor, Avho shall certify the signature.
Proof of facts. 1048. An affidavit shall be filed with the summons
containing such information as to the settlement, and
the parties interested therein, as will furnish the Judge
Avith sufficient means to decide on the application.

Evidence of 1049.—(1) Upon every such application the Court

advisability.
shall be satisfied, by sufiicient evidence, that it is proper
and consistent, with a due regard to the interests of all
parties entitled under the settlement, that the powers
should be exercised.
(2) It shall be stated in the affidavit why, and upon
what ground, it is deemed so.
Parties who
should
1 0 5 0 . The parties to concur or consent shall be all
concur. the persons in existence having any beneficial estate or
interest under or by virtue of the settlement, and also
all trustees having any estate or interest on behalf of
any unborn child.
Notice to be
given to per-
1051.—(1) Where, on an application under this
sons who do Chapter, the concurrence or consent of any such person
not consent as aforesaid has not been obtained, notice shall be given
to or concur
in the t(T such person in such manner as the Court or Judge,
applicat-ion.
to which or whom the application is made, directs
requiring him to notify, within a time to be specified
in such notice, whether he assents to or dissents from
such application, or submits his rights or interests, so
far as they may be afiected by such application, to be
dealt with by the Court or Judge.
(2) Every such notice shall specify to whom and in
Avhat manner such notification shall be delivered or left.
(3) In case no notification is delivered or left in
accordance with the notice, and within the time thereby
limited, the person to or for whom such notice has been
 581
A.D. 1 9 0 7 .
Ss. 1052-1054.
CIVIL PROCEDURE CODE.

given or left shall be deemed to have submitted his

rights and interests to be dealt with by the Court or
Judge.

1 0 5 2 . Where, on an application under this Chapter, Court may

the concurrence or consent of any such person as afore- nXeundet^
said has not been obtained, and, in case such person certain dr-
cannot be found, or in case it is uncertain whether he is '^''"" ^^'^^^'
living or dead, or in case it appears to the Court that
such notice as aforesaid cannot be given to such person,
Avithout expense disproportionate to the value of the
subject matter of the application, then and in any such
case the Court or Judge, if it or he thinks fit, eitJfier on
the ground of the rights or interests of such person
being small or remote, or being similar to the rights or
interests of any other person or persons, or on any other
ground, may by order dispense with notice to such
person, and such person shall thereupon be deemed to
have submitted his rights and interests to be dealt with
by the Court.

1053.—(1) An order may be made upon any appli- Court may

cation, notwithstanding that the concurrence or consent cl7^enthe^^-
of any such person as aforesaid has not been obtained, i°g regard to
T '' T r, ^ the number
or has been refused. and interests
(2) The Court or Judge in considering the applica- "^P*"*'^^-
tion shall have regard to the number of the persons who
concur in or consent to the application, and who dissent
therefrom, or who submit, or are to be deemed to submit
their rights or interests to be dealt with by the Court or
Judge, and to the estates or interests which such
persons, respectively, have or claim to have in the estate
as to which such application is made.
(3) Every order of the Court made upon such applica-
tion shall have the same effect as if all such persons had
been consenting parties thereto.
1 0 5 4 . The Court may, if it thinks fit, give effect to Application
any application subject to and so as not to affect the ^^witw*"''
rights, estate, or interest of any person, whose concur- consent
rence or consent has been refused, or who has not sub- rtgiufof
mitted, or is not deemed to have submitted, his rights ?j°°'™"ygf'
or interests to be dealt Avith by the Court, or whose
 582
A.D. 1 9 0 7 .
Ss. 1055-1058.
CIVIL PROCEDURE CODE.

rights, estate, or interest ought in the opinion of the

Court to be excepted.
Notice of ap- 1 0 5 5 . Notice of any application to the Court under
plication to
be served on this Chapter shall be served on all trustees, who are
all trustees, seized or possessed of any estate in trust for any person
etc.
Avhose consent or concurrence to or in the application is
hereby required, and on any other parties who, in the
opinion of the Court or Judge, ought to be so served,
unless the Court or Judge thinks fit to dispense with
such notice.
Notice of 1056.—(1) Notice of any application to the Court
application to
be given in under this Chapter shall, if the Court or Judge so
newspapers directs, but not otherwise, be inserted in such news-
if Court
directs. papers as the Court or Judge directs.
(2) Any person or body corporate, whether interested
in the estate or not, may apply to the Court or Judge
by summons for leave to be heard in opposition to or in
support of any application which may be made to the
Court under this Chapter.
(3) The Court or Judge may permit such person or
corporation to appear and be heard in opposition to or
in support of any such application, on such terms as to
costs or otherwise and in such manner as it or he
thinks fit.

Provisions as 1057.—(1) All powers given by, and all applica-

to infants,
lunatics, etc.
tions to the Court under, this Chapter, and consents to
and notifications respecting such applications, may be
executed, made, or given by summons.
(2) All notices under this Chapter may be given by
or to guardians on behalf of infants, and by or to the
Official Assignee on behalf of bankrupts, and by or to
committees on behalf of lunatics.

Married 1058.—(1) In cases where a married Avoman applies

woman to be to the Court or a Judge, or consents to an application
examined
apart. to the Court or a Judge, under this Chapter, she shall
first be examined apart from her husband by such officer
or person as the Court or Judge appoints, either
generally, or for the special occasion, touching her
knowledge of the nature and effect of the application.
 583
A.D. 1 9 0 7 .
Ss. 1059-1062.
CIVIL PROCEDURE CODE.

and it shall be ascertained that she freely desires to

make or consent to such application.
(2) Such examination shall be made whether the pro- Separate use
perty is her separate property under any special not to re-
strain Court.
Ordinance or not, or whether it is settled in trust for
her separate use, independently of her husband, or not.
(3) No clause or provision in any settlement restrain-
ing anticipation shall prevent the Court or Judge from
exercising, if it or he thinks fit, any of the powers given
as to leases and sales of settled estates.
(4) No exercise of such poAvers shall occasion any for- NO forfeiture.
feiture, anything in the settlement contained to the
contrary notwithstanding.
1 0 5 9 . The examination of such married woman Examination
when resident in the Settlement shall be made either by ^e^ttkment.^
the Judge or by some officer or person appointed by the
Judge for that purpose, who shall certify under his
hand that he has examined her apart from her husband,
and is satisfied that she is aware of the nature and effect
of the intended application, and that she freely desires
to make or consent to the same.

1 0 6 0 . If any married woman so to be examined is Examination

in another Settlement or out of the Colony, her settlement." •
examination may be made by any person appointed for
that purpose by the Court or Judge, and such person
shall certify under his hand to the effect hereinbefore
proyided in respect of the examination of a married
woman within the Settlement.

1 0 6 1 . If, upon the hearing of any application, the Notice by

Court or Judge is of opinion that notice ought to be advertise-
ment.
served on any person who has not been served, or that
notice of the application ought to be inserted in any
newspaper, the Court or Judge shall give directions
accordingly, and the application shall stand over
generally, or to such time as the Court or Judge directs.

1062.^—(1) When the Court or Judge at the hearing Liberty to

has directed notice of any application to be inserted in advertL^e'-"''
any newspaper, any person may, within the time speci- m™*-
fied in the notice, apply by summons, either ex parte or
 584
A.D 1 9 0 7 .
Ss. 1063-1065.
CIVIL PROCEDURE CODE.

upon notice to the applicant, for leave to be heard in

opposition to or in support of the application.
(2) If the application is made ex parte, and the
Court or Judge thinks fit to give such leave, it shall be
subject to such order as to costs as the Court or Judge
thinks fit.

Service of
order giving
1 0 6 3 . Any order made on an ex parte summons
leave to giving leave to such person to be heard on any applica-
attend. tion shall be served on the solicitor for the applicant.

Form of 1 0 6 4 . Every order shall state, in addition to the

Orders.
names of the parties making the application,
(a) the names of the persons, other than the
applicant, who concur or consent, or to whom
notice of the application has been given, or
who, under section 1062, have obtained leave
to be heard in opposition to or in support of
the application:
(b) whether any notification was received from the
persons to whom notice has been given, and,
if any has been received, the purport
thereof, and also the names of the persons,
if any, notice to Avhom has been dispensed
with; and
(c) whether the order is made subject to any and
what rights, estate, or interest of any person,
whose concurrence or consent has been
refused, or who shall or shall not be deemed
to have submitted his rights or interests to
be dealt with by the Court or Judge, or
whose rights or interests ought, in the
opinion of the Court or Judge, to be
excepted.

Contents of 1065.—(1) In cases where the Court or Judge

leases.
authorizes a lease the order shall direct that the lease
shall contain such conditions as are required by
section 1042, and such other covenants, conditions and
stipulations as the Court or Judge deems expedient with
reference to the special circumstances, or may direct the
same to contain such covenants, conditions and stipula-
 585
A.D. 1 9 0 7 .
Ss. 1066-1069.
CIVIL PROCEDURE CODE.

tions as may be approved by the Registrar, without

directing the lease to be settled by the Judge.

1066. The power to authorize leases, conferred by Modes in

section 1042, may be exercised by the Court or Judge, ^^y hi™'"'
either by approving of particular leases, or by ordering authorized.
that powers of leasing in conformity with the pro-
visions of such section shall be vested in trustees in
manner hereinafter mentioned.

1067. When application is made to the Court or whatevi-

Judge either to approve -of a particular lease, or to A^est ^'^"^^ ^°^^
° n T ^- • ^ T /-^ - r i produced on
any powers ot leasing m trustees, the Court or J udge anauthorize
to application
leases.
shall require the applicant to produce such evidence as
is sufficient to enable the nature, value, and circum-
stances of the estate to be ascertained and the terms
and conditions on which leases thereof ought to be
authorized.
1068.—(1) When a particular lease or contract for After •
a lease is approved by the Court or Judge, the Court or ^e^a^/e°Court t^o
Judge shall direct what person or persons shall execute direct who
the same as lessor. i\tor!" !*"
(2) The lease or contract executed by such person or
persons shall take effect in all respects as if he or they
were, at the time of the execution thereof, absolutely
entitled to the whole estate or interest which is bound
by the settlement, and had immediately afterwards
settled the same according to the settlement.

1069.—(1) When it appears to be expedient that Powers ot

any general powers of leasing any settled estates should bTvMted'in
be vested in trustees, the Court or Judge may, by order, trustees,
vest any such powers accordingly, either in the existing
trustees of the settlement, or in any other persons.
(2) Such powers, when exercised by such trustees,
shall take effect in all respects as if the powers so vested
in them had been originally contained in the settlement.
(3) In every such case the Court or Judge, if it or he
thinks fit, may impose any conditions as to consents, or
otherwise, on the exercise of such powers.
 586
A.D. 1 9 0 7 .
Ss. 1070-1073.
CIVIL PROCEDURE CODE.

(4) The Court or Judge may also authorize the inser-

tion of provisions for the appointment of ncAV trustees
from time to time for the purpose of exercising such
powers of leasing as aforesaid.
Conditions 1 0 7 0 . In orders under this Code for vesting any
that leases be
settled by the powers of leasing in any trustees or other persons no
Court not to conditions shall be inserted requiring that the leases,
be inserted In
orders made thereby authorized should be submitted to or be settled
under this
Code.
by the Court or Judge, or be made conformable with a
model lease deposited in the Registry, save only in any
case in which the parties applying for the order
desire to have any such condition inserted, or in which
it appears to the Court or Judge that there is some
special reason rende'ring the insertion of such a con-
dition necessary or expedient.

Condition 1071.—(1) In all cases of orders in which any such

where Insert-
ed may be condition as last aforesaid has been inserted any party
struck out. interested niay apply to the Court or Judge to alter
and amend such order, by striking out such condition,
and the Court or Judge may alter the same accordingly,
and the order so altered shall have the same validity as
if it had originally been made in its altered state.
(2) Nothing herein shall make it obligatory on the
Court or Judge to act under this provision in any case in
which, from the previous evidence or from any other
evidence, it appears to the Court or Judge that there is
any special reason why in the case in question such a con-
dition is necessary or expedient.

Notice ot the 1 0 7 2 . The Court or Judge shall direct that some

exercise of
powers to be sufficient notice of any exercise of any of the powers
given as* conferred on it by this Code shall be placed on the
directed by
the Court. settlement, or on any copies thereof, or recorded in any
other way, in all cases where it appears to the Court or
Judge to be practicable and expedient for preventing
fraud or mistake.

Application 1 0 7 3 . The moneys to be received on any sale effected

ariSn^f^om uudcr this Chapter, or the rents or payments reserved
under any lease, may be paid to any trustees of whom
the Judge approves; or the same may be ordered to be
 587
A.D. 1 9 0 7 .
Ss. 1074-1076
CIVIL PROCEDURE CODE.

paid into Court, and such moneys may be applied as the

Judge from time to time directs to some one or other of
the folloAving purposes :—
(a) the discharge or redemption of any incum-
brance affecting the immoveable property in
respect of which such money was paid;
(b) the permanent improvement of such last men-
tioned immoveable property;
(c) the purchase of other immoveable property to
be settled in the same manner as the immove-
able property in respect of which the money
was paid; or
(d) the payment to any person becoming absolutely
entitled.
1 0 7 4 . The application of the money in manner Trustees may
aforesaid may, if the Court or Judge so directs, be made fn certan"^^'
by the trustees, if any, Avithout any application to the a'^^'^-^.^ti^o'Ji"t^,
Court, or otherwise upon an order of the Court upon court.
the application of the person Avho would be entitled to
. the possession or the receipt of the rents and profits of
the immoveable property, if the money had been
invested in the purchase of immoveable property.

1075.—(1) Until the money can be applied as afore- Untii money

. , 1 1-111 • • 1 1 /-t T 1 can be ap-
said the same shall be invested as the Court or Judge piiedtobe
directs, in some or one of the investments in which cash a^^fdends'^to
under the control of the Court is for the time being be paid to
authorized to be invested. entitled.
(2) The interest and dividends of such investments
shall be paid to the person who Avould have been entitled
to the rents and profits of the immoveable property if
the money had been invested in the purchase of immove-
able property.
1 0 7 6 . Where any purchase money paid into Court ^reJ't"""^
under this Code has been paid in respect of any lease for application of
a life or lives or years or for a life or lives and years, or J^°peJt ^
any estate in immoveable property less than the whole fee leases or
simple thereof, or of any reversion dependent on any such mlyTp^p^lr'
lease or estate, the Court or a Judge may, on the applica- just.
tion of any party interested in such money, order that the
 588
A.D. 1 9 0 7 .
Ss. 1077-1080.
CIVIL PROCEDURE CODE.

same shall be laid out, invested, accumulated, and paid, in

such manner as the Court or Judge considers will give to
the parties interested in such money the same benefit there-
from as they might lawfully have had from the lease,
estate, or reversion in respect of which such money has
been paid, or as near thereto as may be.
Evidence of 1 0 7 7 . The executiou of any lease by the lessor or
execution
counterpartof Jessors oshall
i l be deemed
1 1 sufficient
11 evidence that
T ia lcounter-
l
lease by part of such leasc has been duly executed by the lessee
lessee. ^^ Tcquircd by section 1042.
Oases not 1078. In all cases not provided for by this Chapter
provided for.
the forms and mode of procedure and general practice
of the Court existing on the first day of April, 1908, for
similar proceedings shall apply to proceedings under
this Chapter.
Costs. 1079.—(1) The Court or Judge may, if it or he
thinks fit, order that all or any costs or expenses of all
or any parties of and incident to any application under
this Chapter shall be a charge on the property which is
the subject of the application, or on any other estate
included in the same settlement, and subject to the
same limitations.
(2) The Court or Judge may also direct that such
costs and expenses shall be raised by sale or mortgage
of a sufficient part of such property, or out of the rents
or profits thereof, such costs and expenses to be taxed
as the Court or Judge directs.

Chapter L.
SUITOR'S FUNDS AND ESTATES IN OFFICIAL
CUSTODY.
Interpreta- 1 0 8 0 . In this Chapter
tion.
"Accountant-General office" means the office for
business of the Accountant-General at the
several settlements;
" Funds," or " Funds in Court," means any money
or securities or moveable property, or any
part thereof, standing or to be placed to the
Accountant-General's Account, and includes
-.boxes and other effects;
 589
A.D. 1 9 0 7 .
S. 1081.
CIVIL PROCEDURE CODE.

"Lodge in Court" means pay or transfer into

Court, or deposit in Court, and "lodgment
in Court" has a corresponding meaning;
" Title of the cause or matter" means the short
title of the cause or matter with reference to
the record;
"Ledger credit" means the title of the cause or
matter, and the separate account, if any,
opened or to be opened under an order, or
otherwise, in the books of the Accountant-
General, to Avhich any funds are credited or
to be credited;
" Order " means an order of the Court, and includes
a judgment or decree, and includes the *
schedule or schedules to an order;
" Court" means the Supreme Court or the Court
of Appeal;
" Registrar" means a Registrar of the Supreme
Court.

Lodgment of Funds in Court.

1081.—(1) Funds to be lodged in Court on any I'undshow
ledger credit shall be lodged by means of a direction to ° ^"^ '
the Accountant-General, signed by the Registrar and
bearing the seal of the Court.
(2) Such direction shall be headed with the title of
the cause or matter, and the title of the ledger account
to which such funds are referable, and shall contain
full and complete particulars as to such lodgment, and
shall be in the form in schedule A, or as near thereto
as is practicable.
(3) When money is to be lodged under Chapters IX. Spedai
or XL, or as security for costs, or in satisfaction or part ° ^'^'^° ^'
satisfaction of a judgment or order, the direction shall
contain a statement of such of the following circum-
stances as are applicable—
(a) paid in on behalf of defendant in satisfaction
of claim of the above-named {name of party);
(b) paid in on behalf of defendant against claim of
the above-named {name of party) Avith
defence setting up tender;
590
A.D. 1 9 0 7 .
Ss. 1082 & 1083.
CIVIL PROCEDURE CODE.

(c) paid in on behalf of defendant against claim of

the above-named {name of party) with
defence denying liability;
(d) paid in under order dated the day of
19 ;
{e) paid in to security for costs account on behalf
of {name of party);
(/) paid in on account of the judgment or order
obtained by {name of party).
Lodgment of 1082.—(1) All kiuds of securitios may be lodged in
securities, etc. /->, , .; o
Court.
(2) Shares and securities issued by companies or cor-
porations constituted under the laws of the Colony,
such shares being fully paid up and free from all
liability, may be transferred to the Accountant-
General by his name of office.
(3) Other shares and securities may be placed in a
box or packet, and lodged at the Accountant-General's
office, who shall, before taking custody of such box or
packet, see that it is properly marked and secured, and
inspect the contents thereof in the presence of the
person lodging the same.
Direction
from Regis-
1083.—(1) The person desirous of lodging funds in
trar and Court shall obtain from the Registrar the necessary
procedure directions for such lodgment.
thereon.
(2) He shall present the direction at the Accountant-
General's office, from whom he shall, Avhen the funds to
be lodged are money or securities to be transferred into
the name of the Accountant-General, receive in
exchange therefor an authority for such lodgment.
(3) Such authority shall be in the form in schedule A.
(4) If the funds to be lodged are money, the authority
shall specify the bank in which the money is to be
deposited, and the person making such lodgment shall
take such authority, together Avith the money, to be
lodged in such bank, and deposit the same therein.
(5) The bank, on receiving such money and authority,
shall forthwith credit the money to the General Account
of the Treasurer, and shall send such authority to the
Accountant-General, with a certificate thereon, which
 591
A.D. 1 9 0 7 .
S. 1083.
CIVIL PROCEDURE CODE.

may be in the form in schedule A, that the money has

been received as therein authorized, and shall give a
receipt to the person making the lodgment.
(6) When the funds to be lodged are securities to be securities to
, p 1. 1 r. I A /-i , b e trans-
transferred into the name of the Accountant-General, ferred; how
the person lodging such funds shall execute a transfer ^°^s«^-
thereof, and lodge such transfer, together with the
authority, at the office of the company or corporation
in whose books the securities are to be transferred,
(7) Such company or corporation shall, after regis-
tering such transfer, forward the authority to the
Accountant-General, with a certificate thereon that the
securities have been transferred as therein authorized,
which certificate may be in the form in schedule A.
(8) When the funds to be lodged are securities which ^fb'^^t'ns'^"*
are not to be transferred into the name of the ferred, how
Accountant-General, or are personal effects, the person p°erfonai'"^
making the lodgment shall take the same, together with effects.
the direction, to the Accountant-General's office and
leave them there, and the Accountant-General, after
making such inspection as he thinks fit of the box or
packet in which they are contained, and seeing that
such box or packet is properly marked and secured, shall
receive them and give the person lodging the same a
receipt therefor, which shall be in the form in
schedule A.
(9) The Accountant-General shall, forthwith after -
receiving the authority with the certificate thereon as
required by subsections (5) and (7) forward the same
to the Registrar to be filed with the papers in the cause
or matter.
(10) In cases under subsection (8) he shall forthwith
send to the Registrar, to be filed with the papers in the
cause or matter, a duplicate of the receipt.
(11) In the Settlement of Malacca, so long as there
is no bank there at which the Treasurer has an
account, moneys lodged in Court shall be deposited in
the Treasury', and the form of the authority in
schedule A shall be modified accordingly, and the officer
in charge of the Treasury shall perform the acts by this
rule required to be done by the bank.
 592
A.D. 1 9 0 7 .
Ss. 1084-1088.
CIVIL PROCEDURE CODE.

Crediting
lodgments 1 0 8 4 . Any principal money or dividends received by
aud divi- the Accountant-General in respect of securities in Court
dends.
shall be placed in his books, in the case of principal
money, to the credit to which the securities whereon
such money arose were standing at the time of the
receipt thereof, and in the case of dividends to the
credit to which the security whereon such dividends
accrued Avere standing at the time of closing of the
transfer books of such securities previously to the
dividends becoming due.

Payment, delivery and transfer of funds out of Court and

other dealings with funds.
Payment out 1085.—(1) Moneys paid in under Chapters IX. or
on direction
in certain XL, or as security for costs, or in satisfaction or part
cases. satisfaction of a judgment or order, shall be paid out
on a direction to the Accountant-General, signed by the
Registrar and bearing the seal of the Court.
(2) Such direction shall be as nearly as may be in the
form in schedule A.
(3) The person entitled to such moneys shall obtain
from the Registrar the necessary direction, and present
the same at the Accountant-General's office, who shall
thereupon deliver or cause to be delivered to the person
named in such direction the moneys specified therein.
Otherwise an 1 0 8 6 . In all other cases the person entitled to with-
order onlv.
draw the funds shall lodge at the Accountant-General's
office a copy of the order under the seal of the Court
authorising such withdrawal, and the Accountant-
General shall act in accordance with such order
Sums to be 1087.—(1) When an order directs any sums to be
ascertained.
ascertained by the certificate of the Registrar, and to
be afterwards dealt with by the Accountant-General,
both the order and such certificate, or a duplicate or
office copy of the same, shall be sent to the Accountant-
General, who shall act in accordance therewith.
(2) Such certificate shall be, as nearly as may be, in
the form in schedule A.
Costs to be 1088.—(1) When an order directs payments out of
taxed.
a fund in Court of any costs directed to be taxed, the
 593
A.D. 1 9 0 7 .
S. 1089.
CIVIL PROCEDURE CODE.

Registrar shall state in his certificate the name and

address of the person to Avhom such costs are payable.
(2) Such certificate shall be, as nearly as may be, in
the form in schedule A.
1089.—(1) When funds in Court are by an order ^^"l^"^
directed to be paid, transferred, or delivered to any ^^^^^
person named or described in an order, or in a certifi-
cate of the Registrar, except to a person therein
expressed to be entitled to such funds as trustee,
executor, or administrator, or otherAvise than in his
own right, or for his own use, such funds, or any por-
tion thereof for the time being remaining unpaid,
untransferred, or undelivered, may, unless the order
otherwise directs, on proof of the death of such person,
whether on or after or, in the case of payment directed
to be made to a creditor as such, before the date of such
order, be paid, transferred, or delivered to the legal
personal representatives of such deceased person, or to
the survivors or survivor of them.
(2) If no administration has been taken out to the
estate of such deceased person who has died intestate,
and whose assets do not exceed the value of five hundred
dollars, including the amount of the funds directed to
be so paid, transferred, or delivered to him, such funds
may be paid, transferred, or delivered to the person who,
being Avidower, AvidoAv, child, father, mother, brother,
or sister of the deceased, would be entitled to take
administration to his or her estate upon a declaration
by such person in the form in schedule A.
(3) When funds in Court are by an order directed to
be paid, transferred, or delivered to any persons as
legal personal representatives, such funds, or any por-
tion thereof for the time being remaining unpaid,
untransferred, or undelivered, may, upon the proof of the
death of any such representatives, whether on or after
the date of such order, be paid, transferred, or delivered
to the survivors or survivor of them.
(4) No funds shall under this section be paid, trans-
ferred, or delivered out of Court to the legal personal
representatives of any person under any probate, or
letters of administration, purporting to be granted at
any time subsequent to the expiration of two years from
the date of the order directing such payment, transfer.
Vol. I I . " 3 8
594
A.D. 1 9 0 7 .
Ss. 1090-1093.
CIVIL PROCEDURE CODE,

or delivery, or, in case such funds consist of interests or

dividends, from the date of the last receipt of sucb
interest or dividends or such order.
Mame ot 1090.—(1) Every order, which directs funds in
payee to be
stated in Court to be paid, transferred, or delivered out, shall set
order.
forth in full the name of every person to whom "such
payment, transfer, or delivery is to be made, unless the
name is to be stated in a certificate of the Registrar.
(2) In the case of payment to a firm it shall be
sufficient to state the business name of such firm.
(3) When money in Court is by an order directed to
be paid to any persons described in the order, or in a
certificate of the Registrar, as co-partners, such money
may be paid to any one or more of such co-partners, or
to the survivor of them.

Transfer of 1 0 9 1 . When funds lodged in Court are by an order

funds to directed to be transferred or carried over to any other
another
credit. ledger credit than that to which the same are standing,
the party having the carriage of the order shall lodge
at the Aecountant-General's office a copy of the order
under the seal of the Court, and the Accountant-
General shall act in accordance with such order.

Investment. 1 0 9 2 . When money lodged in Court is by an order

dipected to be invested, the party having the carriage of
the order shall lodge at the Accountant-General's office
a copy of the order under the seal of the Court, and the
Accountant-General shall thereupon invest such money
in the manner directed by the order.

Investment
in trustees'
1093.—(1) The Court or Judge may direct that any
securities. money lodged in Court may be invested in any of the
securities in which trustees are by law permitted to
invest trust money in their hands, or it may order such
money to be deposited in the Government Savings Bank,
provided that it exceeds ten dollars and does not exceed
the highest sum which may be deposited therein.
Deposit to (2) No money lodged in Court under Chapters IX. or
Savings Bank.
XL, or as security for costs, or in satisfaction or part
satisfaction of a judgment or order, shall be so invested.
 595
A.D. 1 9 0 7 .
Ss. 1094-1067.
CITJL PROCEDURE CODE.

1 0 9 4 . When funds in Court are by an order directed other

dealings with
to be dealt with otherwise than by lodgment, Avith- funds
draAval, transfer, or investment, the party having the
carriage of the order shall lodge at the Accountant-
General's office a copy of the order under the seal of the
Court, and the Accountant-General shall act in accord-
ance with such order.

1 0 9 5 . When funds in Court are ordered to be car- Carryingover

ried over to a separate account, the title of the ledger o?edX''°' ^
credit to be opened for the purpose shall commence Avith
the title of the cause or matter to Avhich such funds are
standing.
Duties of the Accountant-General and calcidation of •
Interest.
• 1096.—(1) Funds lodged in Court shall be entered Accounts,
by the Accountant-General to the ledger credit men- ^°^ "^'
tioned in the direction of the Registrar, and a ledger
account shall be kept to which the funds lodged in Court .
shall be credited, and the funds AvithdraAvn or trans-
ferred therefrom debited in the usual way.
(2) Where funds in Court are dealt Avith in any other
way than by lodgment, withdrawal, transfer, or invest-
ment, the same shall be entered in the account, as the
circumstances of the case require.
«
1097.—(1) Money lodged in Court to the credit of interest to be
any account shall be deemed to be placed on deposit, and credited.
shall be credited Avith interest at such rate as is from
time to time fixed by the Governor in Council, not being
greater than the highest rate of interest which for the
time being can be obtained by the Government on a cur-
rent account from any bank in the Colony, except in the
following cases :—
{a) when money Avas paid into Court before the
tAvelfth day of November, 1891;
(b) when the money is paid into Court under
Chapters IX. or XL, or as security for costs,
or in satisfaction or part satisfaction of a
judgment or order; or
(c) Avhen the amount is less than one hundred
dollars.
Vol. I I . ' "' 38A
596
A.D. 1 9 0 7 .
Ss. 1098-1102.
CIVIL PROCEDURE CODE.

(2) Money on deposit shall be deemed to be withdrawn

from deposit when the amount is reduced below one
hundred dollars.
Fraction of a 1 0 9 8 . Interest upon money on deposit shall not be
dollar. computed on a fraction of one dollar,

Interest 1099.—(1) Interest upon money on deposit shall

computed by
calendar accrue by calendar months, and shall not be computed
months. by any less period.
(2) 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.

Interest 1100.—(1) Interest which has accrued for or during

credited
half-yearly.
the half-year, ending on the thirtieth day of June and
thirty-first day of December in every year, on money
then on deposit shall, on or before the fifteenth days of
the months respectively folloAving, be placed by the
Accountant-General to the credit to which such money
is standing on every such half-yearly day.
(2) 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.

Withdrawal 1 1 0 1 . Whou mouey on deposit consists of sums

from deposit, -yytiich havc boeu 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 computing interest, be treated
as so withdrawn unless the order otherwise directs

Accumulated 1 1 0 2 . Uulcss Otherwise directed by an order,

interest lo be interest credited on money on deposit shall, Avhen or so
depoW" • soon as it amounts to or exceeds one hundred dollars be
placed on deposit and, for the purpose of computing
interest upon it, shall be treated as having been placed
 597
A.D, 1 9 0 7 .
Ss. 1103-1106.
CIVIL PROCEDURE CODE.

on deposit on the last half-yearly day on which any

such interest became due.

Evidence of life, etc.

1103.—(1) When any person is entitled under an Evidence of
order to receive dividends or other periodical payments '^®"
from the Accountant-General's office, and the Account-
ant-General requires evidence of life, or of the fulfil-
ment of any conditions affecting such payments, such
evidence may be furnished by a declaration signed by a
solicitor acting on behalf of such person, or by a
declaration signed by the person entitled to such pay-
ment, and attested by a Justice of the Peace, Police
Magistrate, Minister of Religion, or Notary Public.
(2) The Accountant-General shall act on such
evidence, unless in any case he requires such evidence to
be by statutory declaration or affidavit.

1104.—(1) When, in carrying into effect the direc- other,

tions of an order, evidence is required by the Accountant- P="'*'C'^I*''S-
General for any purposes other than those included in
section 1103, he may receive and act upon an affidavit,
or upon a statutory declaration.
(2) Every such affidavit or statutory declaration shall
be filed in Court when the Accountant-General considers
it necessary.
Miscellaneous.
1 1 0 5 . An office copy of every order of Court and Copies for
certificate to be acted upon by the Accountant-General, *" °"'
and of every direction to the Accountant-General, shall
be forwarded by the Registrars at Singapore and
Malacca to the Auditor-General, and by the Registrar
at Penang to the Auditor there.

1106.—(1) The Accountant-General, upon a request Certificate of

signed by or on behalf of a person claiming to be *""''•
interested in any funds in Court standing to the credit
of an account specified in such request, shall, unless
there is good reason for refusing, issue a certificate of .
the amount and description of such funds, and such
certificate shall have the reference to the morning of
598
AD. 1 9 0 7 .
Ss. 1107-1109.
CIVIL PROCEDURE CODE.

the day of the date thereof, and shall not include the
transactions of that day.
(2) The Accountant-General shall notify on such
certificate the dates of any orders restraining the trans-
fer, sale, delivery out, or payment, or other dealing with
the funds in Court to the credit of the account men-
tioned in such certificate, and Avhether such orders affect
principal or interest, and any charging orders affecting
such funds, of which respectively he has received notice,
and the names of persons to whom notice is to be given,
or in whose favour such restraining or charging orders
have been made.
(3) The Accountant-General may re-date any such
certificate, provided that no alteration in the amount or
description of funds has been made since the certificate
was issued.
(4) When a cause or matter has been inserted in the
list referred-to in section 1110, the fact shall be notified
in the certificate relating thereto.
Transcript 1107.—(1) Upon a request signed by or on behalf of
of account.
a person claiming to be interested in funds in Court the
Accountant-General shall, unless there is good reason
for refusing, issue a transcript of the account in his
books specified in such request.
(2) He shall also upon a like request, unless there is
good reason for refusing, supply such other informa-
tion, or issue such certificates with respect to any trans-
actions or dealings with funds in Court, as are from time
to time required in any particular case.

Control by 1 1 0 8 . The Accountant-General shall comply Avith

Colonial
Secretary. any instructions, which are given to him by the Colonial
Secretary, as to the means of identifying any persons to
whom funds in Court are paid or delivered out, when
such identification is deemed necessary.

Cases not 1 1 0 9 . In any case not provided for by this Chapter,

provided for.
the practice of the Paymaster-General's office for the
business of the Supreme Court of Judicature in Eng--
land shall be followed, as near as may be and the
circumstances of the case admit.
 599
A.D. 1 9 0 7 .
Ss. 1110-1114.
C I V I L P R O C E D U R E CODE.

1110. In the month of January in every year the list Publlcalion of

(if funds
Accountant-General shall cause to be published iu the not dealt with
Gazette a list of accounts not dealt with for a period of *°'' ^° y^^"-
ten years or more, which said list shall have reference to
each of the three Settlements of Singapore, Penang, and
Malacca respectively, and shall give the title of the
cause and its number in the books of the Court in each
Settlement, and the title of the ledger account in Avhich
such funds are outstanding, and the balance of the funds
in each account.
Unclaimed Funds.
1 1 1 1 . The net proceeds of all estates administered Transfer to
under the orders of any Court, and appearing from the ofTunds"^"^
official books and accounts to have been in official cus- unclaimed tor
tody for a period of fifteen years and upwards, without ''*™'
any claim having been made and allowed thereto during
that period, shall be transferred and paid to the Govern-
ment for the general purposes of the Colony.
1112. All securities and sums of money deposited in Transfer to ,
.1 e ,, J " • i 1, Government
the course of causes or matters, and appearing to have of funds
been in such deposit for a period of fifteen years or "i 9°""^',
upwards, without any claim thereto having been made tor 15 years.
and allowed during that period, shall be transferred and
paid to the Government for the general purposes of the
£!olony.
1113. Nothing in this Code shall authorize any Exception
transfer or payment of any securities, sums of money, or proceedings
proceeds as aforesaid, pending any action instituted in pending.
respect thereof.
1114. If any claim is made to any part of the Provision for
securities, moneys, or proceeds, which are transferred ^' P^y™™*-
and paid to the Government under this Code, and if
such claim is, in the case of securities and money trans-
ferred and jDaid under section 1112, established to the
satisfaction of the Supreme Court, and, in the case of
proceeds transferred and paid under section 1111, is
established to the satisfaction of the Government, the
Government shall pay to the claimant the amount of the
principal so transferred and paid as aforesaid, or so
much thereof as appears to be due to the'claimant.
 600
A.D. 1 9 0 7 .
Ss. 1115-1119.
CIVIL PROCEDURE CODE.

Transfers,
how effected.
1 1 1 5 . In the case of transfers under section 1112,
the Accountant-General shall, when the period has
expired, apply to the Registrar for a certificate that no
claim has been made or allowed, and, upon the Registrar
certifying accordingly, the transfer shall be made and
debited in the books of the Accountant-General, and an
entry made in the Accountant-General's Order Book
kept by the Registrar, and a memorandum of such
transfer placed with the cause papers.

Saving as to 1 1 1 6 . Nothing in this Code shall authorize the trans-

moneys
payable on fer of any funds standing to the separate credit of an
coming of infant, or held on an infant's account pending the
age of infants.
coming of age of such infant, until such infant comes of
age or dies.

Chapter LI.
RELIEF OF TRUSTEES AND OTHER
PERSONS.
Trustees and 1 1 1 7 . All trustees, executors, administrators or other
other persons persons having in their hands any moneys or securities
may apply to
Court for an or other valuable property belonging to any person
order to pay whatsoever or the major part of them may apply to a
money into
Court. Judge ex parte by summons for an order to lodge the
same in Court to abide the orders of the Court,

Ho-wintitnied. 1 1 1 8 . Thc summous shall be intituled in the matter

of the trust or matter, describing the same by the names
of the parties to the instrument, if any, or in such other
manner as is sufficient to distinguish it.

Affidavit in 1 1 1 9 . The applicant shall make and file an affidavit

support.
in support setting forth
{a) a short description of the trust and of the
instrument, if any, creating it or of the cir-
cumstances which made the application for
lodgment in Court necessary;
{b) the names of the persons interested in and
entitled to the money or securities, and their
places of residence, to the best of his knoAV-
led^e and belief ;
 601
A.D. 1 9 0 7 .
Ss. 1120-1122.
CIVIL PROCEDURE CODE. .

(c) his submission to answer all such inquiries,

relating to the application of the money or
securities paid into Court, as the Court or
Judge makes or directs;
(d) the place where he is to be served with any
summons, or order, or notice of any proceed-
ing relating to the money,and securities; and
(e) in the case of money, Avhether it is or is not, in
the opinion of the party applying, necessary
or desirable that the same should be invested
in the meantime.

1 1 2 0 . When the lodgment is made. Notice ot

(a) the person who has made the lodgment shall
forthwith give notice thereof, by prepaid
letter through the post, to the several persons
whose names and places of residence are
stated in his affidavit as interested in or
entitled to the money or securities lodged in
Court;
(6) no summons relating to the money or securities
shall be issued, unless the applicant has
named in his affidavit a place where he may
be served with any summons, or notice of any
proceedings or order, relating to the money
or securities, or the dividends thereof;
(c) service of any application in respect of the
money or securities shall be made on such
persons as the Court or Judge directs

1121.—(1) Any person may apply by summons to a Court may

Judge with regard to any moneys or securities lodged in ^fth^eglr"
Court under this Chapter and the Judge may make such '° *"°'^'
orders as seem fit for the investment and reinvestment ° ^^ '
and payment of any such securities and property.
(2) Every summons under this section shall be intituled
in the same manner as the affidavit on which the funds
were lodged.

1122.—(1) Upon any such application the Court or Order for

Judge shall, unless it or he is of opinion that the pay- ''°°*''
ment into Court was improper or unnecessary, make
602
A.D. 1 9 0 7 .
Ss. 1123-1126
.CIVIL PROCEDURE CODE.

such order for payment, out of the fund, of the costs of

such .payment in or deposit.
(2) If no application for payment out, or dealing with
the fund, is made Avithin six months from the date of the
order, the party paying in or depositing may apply, by
summons in Chambers, for such order as seems expedient
for his costs.

Chapter LII.
APPEALS TO THE COURT OF APPEAL.
AVhat orders 1123.—(1) No order made by the Supreme Court or
not appeal-
able. any Judge thereof by the consent of the parties, or as to
costs only, which by laAv are left to the discretion of the
Court, shall be subject to any appeal, except by leave of
Court or Judge making the order.
(2) No judgment or order, Avhich, by any enactment is
declared to be final, shall be subject to any appeal.
(3) Nothing in this section shall be understood to apply
to any matter of criminal jurisdiction, or to appeals from
orders or decrees of Prize Courts.
(4) An order made on an interpleader summons shall
be deemed to be an order in the cause in which the
summons was issued.
As to 1124. No appeal shall lie from an order made by a
discharging Judge of the Supreme Court in Chambers unless a
orders made
in Chambers. certificate has been given under section 408 or unless by
special leave of the Judge by whom such order was made
or of the Court of Appeal, but this shall not apply to
orders made upon originating summonses.

Leave to 1125. Where leave is required for an appeal, the

appeal. application for such leave, if not made at the time the
judgment or order, against which it is desired to appeal,
is given or made, shall be made ex parte by summons in
Chambers before the expiration of the time for appeal-
ing under section 1127.

Appeals to be 1126.—(1) All appeals to the Court of Appeal shall

re Sin* ^^^ ^^ ^ ^ ^ "^ rc-heariug, and shall be brought by notice
of appeal.
 603
A.D. 1 9 0 7 .
Ss. 1127 & 1128.
CIVIL PROCEDURE CODE. ' '

(2) The appellant may appeal from the whole or any

part of any judgment or order, and the notice shall state
Avhether the Avhole or part only of such judgment or
order is complained of, and in the latter case shall
specify such part.
(3) The appellant shall file in Court, not less than ten
clear days before the sitting of the Court of Appeal, a
memorandum of appeal in the form prescribed by sec-
tion 1133 together with a copy thereof for the use of -
each of the Judges composing the Court of Appeal,

1127.—(1) No appeal to the Court of Appeal from Time for

any interlocutory order shall, except by special leave of *PP^'™?
the Court of Appeal, be brought after the expiration of
tAventy-one days; and no other appeal shall, except by
such leave, be brought after the expiration of forty-two
days.
(2) The said respective periods 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 when the judgment or order was pro-
nounced ; or, in the case of the refusal of an application,
from the date of such refusal.
(3) The time for appealing against an order made on
the further consideration of a cause, and on the hearing
of a motion to vary the certificate on Avhich such order
is made, shall be the same as the time for appealing
against the order on further consideration.
(4) Where a judgment delivered has not been in Avrit- Grounds of
ing, the Judge who delivered the judgment or made the " ^™°"'
order shall, on the application of any party who is dis-
satisfied with the judgment or order, and who has entered
an appeal Avithin the time hereby limited for appealing,
certify in writing the grounds- of such judgment or
order.
(5) An application under subsection (4) shall be made
in writing to the Judge's Secretary or in his absence to
the Registrar.
1128.—(1) The notice of ajipeal shall be served on serviceof
all parties directly affected by the appeal, and it shall notice of
not be necessary to serve parties not so affected. ^^^*^'
604
A.D. 1 9 0 7 .
Ss. 1129 & 1130.
CIVIL PROCEDURE CODE.

(2) The Court of Appeal may direct notice to be

served on all or any parties to the action or other pro-
ceeding, or upon any person not a party, and in the
meantime may postpone or adjourn the hearing of the
appeal, upon such terms as are just, and may give
such judgment and make such order as might have been
given or made if the parties served with such notice
had been originally parties.
(3) Any notice or memorandum of appeal may be
amended at any time as the Court, of Appeal thinks fit.

Security for 1129.—(1) The appellant shall, within the time

costs of
appeal. limited by section 1127 for bringing an appeal, enter the
appeal on the list of appeals, and at the same time
lodge in the Supreme Court the sum of two hundred
and fifty dollars as security for the costs of appeal.
(2) The Court of Appeal may, in any case where it
thinks fit, order further security for costs to be given.

Notice of 1130.—(1) It shall not under any circumstances be

appeal by
respondent. necessary for a respondent to give notice of appeal, or to
file a memorandum by way of cross-appeal, but if a respon-
dent 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 the next section,
or such time as is prescribed by special order, give notice
of such intention to any parties who may be affected by
such contention.
(2) He shall file a copy of such notice, together wdth
a copy thereof for the use of each of the Judges com-
posing the Court of Appeal.
(3) If the respondent makes default in giving notice
within the time prescribed, he shall not be allowed on
the hearing of the appeal to contend that the decision
of the Court beloAv should be varied except by leave of
the Court of Appeal, but the omission to give such
notice shall not diminish the poAvers 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.
 605
A.D. 1 9 0 7 .
. Ss. 1131-1133.
CIVIL PROCEDURE CODE.

1 1 3 1 . — ( 1 ) The notice given by the respondent under ^^f'^'^^^^^^j

section 1130 may be given at any time after he has been
served with the notice of appeal, and notwithstanding
t h a t the notice of appeal has been withdrawn, but, sub-
ject to any special order which is made, shall not be
given less than ten clear days before the day fixed for the
holding of the Court of Appeal.
(2) If the appellant does not enter his appeal as
directed by section 1129, the respondent Avho has given
such notice as aforesaid may enter his appeal on the list
of appeals as if he Avas an original appellant.

1 1 3 2 . — ( 1 ) The memorandum of appeal shall set contents oi

forth concisely and under distinct heads, without any ™^™ "^
argument or narratiA^e, the grounds of objection to the
decision appealed against, specifying the points of law
or fact which are alleged to have been wrongly decided,
and such grounds shall be numbered consecutively,
(2) The appellant shall not, without the leave of the
Court, p u t forward any other ground of objection, but
the Court, in deciding the appeal, shall not be confined
to the grounds set forth by the appellant

1 1 3 3 . — ( 1 ) The memorandum of appeal shall be in the Form ct and

folloAving form :— '='"^*«°*'-

MEMORANDUM OF APPEAL.
(Title and Reference Number of A ction)
A. B., the plaintiff {or defendant) above-
named, appeals to the Court of Appeal at (Singapore
or P e n a n g as the case may be)
f judgment!
against the < or > of dated the
( order )
day of 19 ,
for the following reasons :—(here insert the reasons).
(2) There shall also be attached to the memorandum of
appeal:—
(a) a copy of the Judge's notes of evidence on which
the judgment or order appealed from Avaa
founded, or, if such evidence was given by
affidavit, an office copy thereof;
606
A.D. 1 9 0 7 .
Ss. 1134-1136.
* • ' CIVIL PROCEDURE CODE.

(b) the certificate, if any, given by the Judge" as

proAdded by section 1127 (4) above, or, if a
written judgment has been delivered and
filed, a copy of such judgment;
(c) copies of the pleadings, so far as is necessary for
showing the nature of the appeal;
(d) a copy of all such documents as Avere put in
evidence in the Court below, and are material
for the purpose of the appeal, or, if
such documents are in a foreign language,
authorized translations thereof;
(e) a copy of the notice of a p p e a l ;
(/) a copy of the j u d g m e n t or order appealed from.

Defective 1134.—(1) If the memorandum is not drawn up in

memorandum, ^j^g, jjjanner hereinbefore prescribed, the Court may
reject it, or may return it to the party for the purpose
of being corrected.
(2) If the memorandum and copies for the use of the
Judges are not filed within the prescribed period, and
no sufficient cause is shown for the delay, or if the Court
rejects the memorandum, the appeal shall be""deemed to
have been dismissed.

stay of 1135.—(1) An appeal shall not operate as a stay of

proceedings.
execution or of proceedings under the decision appealed
from, except so far as the Court appealed from or the
Court of Appeal orders, and no intermediate act or pro^
ceeding shall be invalidated except so far as such Courts
or either of them may direct.
(2) On an appeal interest, for such time as execution
has been delayed by the appeal, shall be alloAved, unless
the Court or a Judge otherAvise orders, and the
Registrar may compute such interest without any order
for that purpose.
Application
which may be
made either
to Supreme 1136. Whenever under this Code an application is
Court or
Court of
made either to the Court appealed from or to the Court
Appeal to be of Appeal, it shall be made in the first instance to the
made to Court appealed from.
Supreme
Court firet.
 ' - ' , ' ' ". 607
A.D. 1 9 0 7 .
Ss. 1137-1140.
: • ^ • C I V I L P R O C E D U R E CODE.

1 1 3 7 . When any question of fact is involved in an f^g^fg^t"

appeal, the evidence taken in the. Court beloAv bearing question of
on such question shall, subject to any special order, be **"''•
brought before the Court of Appeal as follows :— ^
{a) as to any evidence taken by affidavit, by the pro-
duction of the affidavits;
{b) as to any evidence given orally, by-the produc-
tion of a copy of the Judge's notes, or such
other materials as the Court deems expedient.

1138.—(1) A copy of any notes of evidence made by judge's notes.

the Judge from Avhose decision the appeal is brought
may, with the approval of the Judge, be supplied by the -
Judge's Secretary to any party to an appeal applying
for the same after the appeal has been entered, on pay-
ment to such Secretary of a fee of tAventy-five cents per
folio of one hundred words.
(2) Such application shall be made in writing to the
Judge's Secretary.

1139.—(1) A list of appeals for the Settlements of List of

Singapore and Malacca shall be kept in the Registrar's '^
office at Singapore, and for the Settlement of Penang
in the Registrar's office at Penang.
(2) The Registrar shall, on receiving the Avritten
request thereto of the appellant or his solicitor, and on
the security "required by section 1129 being lodged in
Court, enter in such list the name of the cause, the date
of entry, and the name or names of the appellant or
appellants, and of his or their solicitor or solicitors,
if any.

1140.—(1) If on the day fixed for hearing the ;f„^X°' party.

='"'*
appeal, or any other clay subsequent thereto, to which
the hearing of the appeal is adjourned, the appel-
lant does not appear in person or by an advocate and
solicitor, and it does not appear to the Court of Appeal
that there is any reasonable ground for such absence, the
appeal shall be dismissed for default.
(2) If the appellant appears in person or by an advo-
cate and solicitor, and the respondent does not appear
in person or by an advocate and solicitor, and it does
 608
A.D. 1 9 0 7 .
Ss. 1141 & 1142.
CIVIL PROCEDURE CODE.

not appear to the Court of Appeal that there is any

reasonable ground for such absence, the appeal ^hall be
heard in his absence.

1^^°^ 1141.—(1) The Court of Appeal shall have all the

Appeal to powers and duties, as to amendment and otherwise, of
fi^thOT'"^'"'* the Supreme Court in its original jurisdiction, together
evidence, or with full discretiouary power to receive further evidence
draw
Inferences of upon questions of fact, such evidence to be by either oral
fact. examination in Court, by affidavit, or by deposition taken
before an examiner or commissioner.
(2) Such further evidence may be given without
special leave on interlocutory applications, or in any
case as to matters Avhich have occurred after the date of
the decision from Avhich the appeal is brought.
(3) 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 afore-
said, shall be admitted on special grounds only, and not
without special leave of the Court of Appeal.
(4) The Court of Appeal may draw inferences of
fact, and give any judgment, and make any order, which
ought to have been given or made, and make such further
or other order as the case requires.
(5) The powers aforesaid may be exercised notwith-
standing that the notice of appeal is that part only of
the decision be reversed or varied, and such powers may
also be exercised in favour of all or any of the respon-
dents or parties although such respondents or parties
have not appealed from or complained of the decision.
(6) The Court of Appeal may make such order as to
the Avhole or any part of the costs of appeal or in the
Court below as is just.
Power to
order new
1142.—(1) If, upon the hearing of an appeal, it
trial. appears to the Court of Appeal that a new trial ought
to be had, the said Court may order that the judgment
be set aside, and that a new trial be had.
(2) The improper admission or rejection of evidence
shall not be ground of itself for a new trial, if it
appears to the Court of Appeal that, independently of
the evidence objected to and admitted, there was
 609
A.D. 1 9 0 7 .
Ss. 1143-1147.
CIVIL PROCEDURE CODE.

sufficient evidence to justify the decision; or that, if the

rejected evidence had been admitted, it ought not to
have varied the decision.

1 1 4 3 . No judgment or order of the Supreme Court, No judgment

or of any Judge thereof, shall be reversed or substan- etc.,\o7eTroV
tially varied on appeal, nor a new trial ordered by the not'affediing
Court of Appeal, on account of any error, defect, or j^Hsdiction.
irregularity, Avhether in the decision or otherAvise, not
affecting the merits or the jurisdiction of the Court.

1 1 4 4 . No interlocutory order, from which there has interlocutory

been no appeal, shall operate so as to bar or prejudice prejudice'"
the Court of Appeal from giving such decision upon appeal.
the appeal as is just.'

1 1 4 5 . If there are tAvo or more plaintiffs or tAvo or Appeal of

more defendants in an action, and the decision of the ™r},"'^"*'
Court from Avhich the ap])eal is made proceeds on any
ground common to all, any one of the plaintiffs or defen-
dants may appeal, and the Court of Appeal may reverse
or modify the judgment or order in favour of all the
plaintiffs or defendants, in the same manner as if they
had originally been made parties to the appeal.
1146.— (1) The Court of Appeal may enlarge or Powerof
abridge the time appointed by this Chapter, or fixed by Appeal*to
any other rules of Court, for doing any act Or taking enlarge time,
any proceeding, upon such terms, if any, as the justice
of the case requires.
(2) Any such enlargement may be ordered, although
the application for the same is not made until after the
expiration of the time appointed or alloAved.
1 1 4 7 . The judgment or order of the Court of Appeal Drawing up
disposing of the appeal shall be drawn up forthwith by •"" ^""^^'
the Registrar, without application from any party or
notice to the parties to attend to settle the minutes, and
such judgment or order when draAvn up shall be entered
in the Decree Book, and an office copy thereof shall be
filed with the original proceedings in the action, and a
memorandum thereof or a reference thereto shall be made
in the Cause Book.
Vol. II. 39
610
A.D. 1 9 0 7 .
Ss. 1148-1161.
CIVIL PROCEDURE CODE.

Delivery of 1148.—(1) The Court of Appeal shall pronounce

judgment of
Court of judgment in open Court either at once or on some subse-
Appeal.
quent day of which due notice shall be given.
(2) Such judgment may be pronounced notwithstand-
ing the absence of the Judges Avho composed the Court
of Appeal or any of them and the judgment of any
Judge not present shall be read by the Registrar.
Minutes of
judgment.
1149.—(1) If either party is dissatisfied Avith the
minutes of the judgment or order of the Court of Appeal
as settled hy the Registrar, he may apply to the Court of
Appeal by motion, on notice to the other parties, stating
the matters objected to, and praying the Court of Appeal
to vary such minutes.
(2) On such motion no question shall be argued except
the question what was the actual order made.
(3) If the Court of Appeal is not sitting, such motion
may be heard by such of the Judges, who composed the
Court of Appeal by which the case Avas heard, as are in
the Settlement, or, if there is only such Judge in the Set-
tlement, then by such Judge alone ; and the decision of
such Judges or Judge shall be final.

Interim 1150.—(1) In any cause or matter pending before

orders may be
made by the Court of Appeal any direction incidental thereto,
single Judge not involving the decision of the appeal, and any
when Court
of Appeal not interim order to prevent prejudice to the claims of the
sitting. parties pending the appeal, may, if the Court of Appeal
is not sitting, be made by a single Judge.
(2) Every application under this section shall be
made by motion, and shall be intituled " In the Court
of Appeal."
(3) Every order so made may be discharged or varied
by the Court of Appeal.

Saving clause. 1 1 5 1 . The provisious of this and of the next

Chapter shall not be deemed in any Avay to derogate
from the general powers of the Court of Appeal to
amend and rectify all proceedings taken before it,
Avhether in respect of form, extension, or limitation of
time, error, or otherAvise.
 611
A.D. 1 9 0 7 .
Ss. 1152-1165.
CIVIL PROCEDURE CODE.

1 1 5 2 . In any case not provided for by this Code or ^^^1^^^^°

1 c r-f - • 1 - 1 c 1 provision
any rules ot Court, the practice and procedure tor the made practice
time being of His Majesty's Court of Appeal in England AppeaYin^
shall be followed as near as may be. England to
be followed.
1 1 5 3 . This Chapter shall apply to judgments or ciiapter to ap-
orders given or made before the first day of April, 1908. j'udgments or^
order.

Chapter LIII.

A P P E A L TO THE KING IN COUNCIL

1 1 5 4 . Subject to such rules as are from time to time ^^en

made by His Majesty in Council regarding appeals from the King in°
Colonial Courts, and to the provisions hereinafter con- Conncih
tained, an appeal shall lie from the Court of Appeal to
His Majesty in Council
(a) from any final judgment or order; provided
that
(i) the amount or value of the subject matter of
the action is two thousand five hundred
dollars or upwards; or
(ii) the matter in dispute on appeal to His
Majesty in Council involves, directly or
indirectly, some claim or question to or
respecting property of like amount or
value; or
(iii) the case is from its nature a fit one for
appeal; and
(b) from any interlocutory judgment or order,
Avhich is certified as hereinafter provided to
be a fit one for appeal to His Majesty in
Council.

1155.—(1) Any person Avho desires to appeal under AppUcation

this Chapter to His Majesty in Council shall apply by appeX* °
petition to the Court of Appeal, within six months from
the date on Avhich the decision appealed against Avas
given, or within such further time, not exceeding tAvelve
months from such date, as is alloAved by the Court of
Appeal.
Vol. I I . . 39A
612
A.D. 1 9 0 7 .
Ss. 1156-1158.
CIVIL PROCEDURE CODE.

(2) Such petition shall contain

(a) a concise statement of the material facts of the
case; and
{b) the order of the Court of first instance; and
(c) the order of the Court of Appeal; and
(d) the grounds of the proposed appeal.
(3) Such petition shall also pray for a certificate that,
as regards amount, or value, or nature, the case is a fit
one for appeal to His Majesty in Council.
(4) The applicant shall serve the petition on the
opposite party.

When Court
of Appeal is
. 1 1 5 6 . Whenever the Court of Appeal is not sitting,
not sitting, a petition for leave to appeal to His Majesty in Council
lea-ve to from any final judgment or order may be dealt with by
appeal may
be given by the Supreme Court in any Settlement, and any order
Supreme
Court. that could be made, or any certificate that could be
issued, by the Court of Appeal upon or in consequence
of such petition may be made or issued by the Supreme
Court; provided that the certificate that an interlocu-
tory order is a fit one for appeal referred to in sec-
tion 1154 may be granted by the Court of Appeal only.

Dismissal of 1 1 5 7 . If the certificate is refused, the petition shall

netition.
be dismissed.

Procednio
after grant of
1 1 5 8 . If the certificate is granted, the applicant
certificate. shall, Avithin six months from the date of the judgment
or order complained of, or within six AA^eeks from the
grant of certificate, Avhichever is the later, or Avithin such
further time as is allowed by the Court of Appeal
{a) give security to an amount not exceeding two
thousand dollars for the due prosecution of
the appeal, and the payment of all such costs
as may become payable to the respondent in
the event of the appellant's not obtaining an
order declaring the appeal admitted or of
the appeal being dismissed for non-prosecu-
tion, or of His Majesty in Council ordering
the appellant to pay the respondent's costs
of the appeal, as the case may be;
 613
A.D. 1 9 0 7 .
S. 1159.
CIVIL PROCEDURE CODE.

{b) deposit the amount required to defray the

expense of translating, transcribing, index-
ing, and transmitting to. His Majesty in
Council a correct copy of the Avhole of the
proceedings in the action except
(i) formal documents directed to be excluded by
any order of His Majesty in Council for
the time being in force;
(ii) papers which the parties agree to exclude:
(iii) accounts, or portions of accounts, which the
Registrar considers unnecessary, and
AA^hich the parties have not specifically
asked to be included; and
(iv) such other documents as the Supreme Court
directs to be excluded;
(c) take the necessary steps for the purpose of pro-
curing the preparation of the record and the
dispatch thereof to England.

1159.—(1) When such security has been completed, ^f"'^'™""'

and deposit made to the satisfaction of the Supreme procedure
Court, the appellant shall apply to a Judge in '^^^'"^o"-
Chambers for a direction that his appeal is admitted,
and thereupon the Court may
(«) declare the appeal admitted; and
(b) give notice thereof to the respondent; and shall
then
(c) transmit to His Majesty in Council, under the
seal of the Court, a correct copy of the said
record, except as aforesaid; and
{d) give to either party one or more authenticated
copies of any of the papers in the cause, on
his applying therefor, and paAdng the
reasonable expenses incurred in preparing
them.
(2) Where there are two or more petitions for leave Consolidation
to appeal arising out of the same matter, and the Court o*P«'it^°™.
is of opinion that it Avould be for the convenience of the
Lords of the Judicial Committee and all parties con-
cerned that the appeals should be consolidated, the
Court may direct the appeals to be consolidated and
declare the appeals to be admitted by a single order
 614
A.D. 1 9 0 7 .
S. 1159.
CIVIL PROCEDURE CODE.

otaJSr^ (3) An appellant to whom a certificate has been

granted may, at any time prior to the making of an order
declaring the appeal admitted, Avithdraw his appeal on
such terms as to costs and otherAvise as the Court directs.
(4) Where an appellant, whose appeal has been
admitted, desires, prior to the dispatch of the record to
England, to withdraAv his appeal, the Court may, ^pon
an application in that behalf made by the appellant,
grant him a certificate to the effect that the appeal has
been withdraAvn, and the ai)peal shall thereupon be
deemed, as from the date of such certificate, to stand
dismissed Avithout express order of His Majesty in
Council, and the costs of the appeal and the security
given by the appellant shall be dealt with in such
manner as the Court thinks fit to direct.
Failure to
prosecute
(5) Where an appellant fails to apply under sub-
appeal. section (1) Avith due diligence for an order declaring the
appeal admitted, the Court may, on an application in
that behalf made by the respondent, cancel the certificate,
notAvithstanding the appellant's compliance with the
requirements of section 1158, and may give such direc-
tions as to the costs of the appeal and the security
entered into by the appellant as the Court thinks fit, or
make such further or other order in the premises as, in
the opinion of the Court, the justice of the case requires.
(6) Where an appellant^ Avliose appeal has been
admitted, fails to shoAv due diligence in taking all
necessary steps for the purpose of procuring the
dispatch of the record to England, the respondent may,
after giving the appellant due notice of his intended
application, apply to the Court for a certificate that
the appeal has not been effectually prosecuted by the
appellant, and if the Court sees fit to grant such a
certificate, the appeal shall be deemed, as from the date
of such certificate, to stand dismissed for non-prosecu-
tion without express order of His Majesty in Council,
and the costs of the appeal and the security entered into
by the appellant shall be dealt Avith in such manner as
the Court thinks fit to direct.
Record (7) W h e r e a t a n y time between t h e order declaring a n
defective^by appeal admitted and the despatch of the record to Eng-
easonof land the record becomes defective by reason of the
'^°' death, or change of status, of a party to the appeal, the
 615
A.D. 1 9 0 7 .
Ss. 1160 & 1161.
CIVIL PROCEDURE CODE.

Court may, notwithstanding the order declaring the

appeal admitted, on an application in that behalf made
by any person interested, grant a certificate showing
Avho, in the opinion of the Court, is the proper person
to be substituted or entered on the record in place of, or
in addition to, the party who has died, or undergone a
change of status, and the name of such person shall
thereupon be deemed to be so substituted or entered on
the record as aforesaid Avithout express order of His
Majesty in Council.
(8) Where the record subsequently to its despatch to
England becomes defective by reason of the death, or
change of status, of a party to the appeal, the Court
shall, upon an application in that behalf made by any
person interested, cause a certificate to be transmitted
to the Registrar of the Privy Council shoAving who, in
the opinion of the Court, is the proper person to be
substituted, or entered, on the record, in place of, or in
addition to, the party who has died' or undergone a
change of status.

1 1 6 0 . At any time before the admission of the feTeptancTot*

appeal the Supreme Court may, upon cause shoAvn, seourity.
revoke the acceptance of such security, and give further
directions thereon.

1161.—(1) If, at any time after the admission of ^T%'°,

the appeal, but before the transmission of the copy of security!
the proceedings, except as aforesaid, to His Majesty in
Council, such security appears inadequate, or further
payment is required for the purpose of translating,
transcribing, indexing, or transmitting the copy of the
record, except as aforesaid, the Supreme Court may
order the appellant to furnish, within a time to be fixed
by the Court, other and sufficient security, or to make
within like time the required payment.
(2) If the appellant fails to comply with such order,
the proceedings shall be stayed, and the appeal shall not
proceed without an order in that behalf of His Majesty
in Council, and in the meantime execution of the judg-
ment pr order appealed against shall not be stayed.
616
A.D 1 9 0 7 .
Ss. 1162 & 1163.
C I V I L P R O C E D U R E CODE.

Powerof 1162.—(1) Notwithstanding the admission of any

Court appeal under this Chapter, the judgment or order
appei"^ appealed against shall be finconditionally enforced,
unless the Supreme Court otherwise directs.
(2) The Supreme Court may, if it thinks fit, on any-
special cause shoAAm by any party interested in the action,
or otherwise, appearing to the Court,
(a) impound any immoveable property in dispute,
or any part thereof; or
(b) alloAv the judgment or order appealed against
to be enforced, taking such security from the
respondent as the Court thinks fit for the
due performance of any order which His
Majesty in Council may make on the appeal ;
or
(c) stay the execution of the judgment or order
appealed against, taking such security from
the appellant as the Court thinks fit for the
due performance of the judgment or order
appealed against, or of any order which His
Majesty in Council may make on the appeal ;
or
(d) place any party seeking the assistance of the
Court under conditions, or give such other
direction respecting the subject matter of
the appeal as it thinks fit.
Increase of 1163.—(1) If at auy time during the pendency of
inadequate""'^ *'^® appeal the sccurity so furnished by either party, as
in section 1162 mentioned, appears inadequate, the
Supreme Court may, on the application of the other
party, require further security.
(2) I n default of such further security being furnished
as required by the Court, if the original security Avas
furnished by the appellant the Court may, on the
application of the respondent, issue execution on the
judgment or order appealed against, as if the appellant
had furnished no security, and, if the original security
Avas furnished by the respondent, the Court shall, so far
as is practicable, stay all further execution, and restore
the parties to the positions in Avhich they respectively
Avere when the security Avhich appears inadequate Avas
furnished, or give such directions respecting the subject
matter of the appeal as it thinks fit
 617
A.D. 1 9 0 7 .
Ss. 1164 & 1165-
CIVIL PROCEDURE CODE.

1164.—(1) The security required under sections Security.

1158, 1161, and 1163 may be giA^en either by deposit of
cash in Court or by the bond of not less than tAvo
approved sureties,
(2) Where such security is proposed to be given by
bond, the names of the proposed obligors shall be sub-
mitted by the appellant for the approval of the
respondent.
(3) If the respondent objects to any of the proposed
obligors, the objection shall be referred to a Judge in
Chambers, Avhose decision shall be final.

1165.—(1) When such a certificate as is referred to o/iXx'and

in section 1155 has been granted, the appellant shall Eecord.
forthAvith apply in writing to the Registrar to prepare
an index of all the papers, documents, and exhibits in
the cause and to make an estimate of the cost of pre-
paring and transmitting the record, stating in his
application Avhether the record is to be printed in the
Colony or in England.
(2) On receipt of the application the Registrar shall
prepare or cause to be prepared the index above-men-
tioned dividing the documents into two classes
(a) papers to be transmitted to the Registrar of
the Privy Council; and
(b) formal and other papers not to be so trans-
mitted;
and he shall also make or cause to be made an estimate
of the expense of preparing and transmitting the
record to the Registrar of the Privy Council, including
a margin of one hundred dollars and he shall upon,
application to him deliver copies of the index and
estimate to the solicitor of the appellant.
(3) The record shall be printed in accordance Avith
the rules in schedule E, and may be so printed either
in the Colony or in England.
(4) Where the record is printed in the Colony the
Registrar shall, at the expense of the appellant, trans-
mit to the Registrar of the Privy Council forty copies
of such record, one of which copies he shall certify to
be correct by signing his name on, or initialling, every
618
A.D. 1 9 0 7 .
Ss. 1166 & 1167.
CIVIL PROCEDURE CODE.

eighth page thereof and by affixing thereto the seal of

the Court.
(5) Where the record is to be printed in England, the
Registrar shall, at the ex])ense of the appellant, trans-
mit to the Registrar of the Privy Council one» certified
copy of such record, together with the index above-
mentioned.
(6) No other certified copies of the record shall be
transmitted to the Agents in England by or on behalf of
the parties to the appeal.
(7) Where part of the record is printed in the Colony
and part is to be printed in England, subsections (4)
and (5) shall, as far as practicable, apply to such parts
as are printed in the Colony and such as are to be
printed in England respectively.
(8) The reasons given by the Judge, "or any of the
Judges, for or against any judgment pronounced in the
course of the proceedings out of which the appeal arises
shall by such Judge or Judges be communicated in
Avriting to the Registrar, and shall by him be trans-
mitted to the Registrar of the Privy Council at the
same time when the record is transmitted.
Reference to 1 1 6 6 . At any time within fourteen days from the
Judge.
delivery of the copies of the index and estimate, the
appellant may object thereto, and, if the Registrar
refuses to allow the objection, the matter shall be
referred to a Judge in Chambers, whose decision shall
be final.
What docu- 1 1 6 7 . Ordinarily the Avhole of the proceedings in
ments to be
transcribed the action shall be included in the record, Avith the
exception of such papers, documents, and accounts as
are specified in the exceptions to section 1158 (b), but
Avhere in the course of the preparation of a record one
party objects to the inclusion of a document on the
ground that it is unnecessary or irrelevant, and the
other party nevertheless insists upon its being included,
the record, as finally printed, whether in the Colony or
in England, shall, with a view to the subsequent adjust-
ment of the costs of and incidental to such document,
indicate in the index of papers, or otherwise, the fact
that, and the party by whom, the inclusion of the
document Avas objected to.
 619
/>.D. 1 9 0 7 .
Ss. 1168-1173.
CIVIL PROCEDURE CODE.
Verifications
1 1 6 8 . All translations required for the purpose of of transla-
an appeal to His Majesty in Council shall be by a sAvorn tions.
interpreter of the Court, care being taken to give an
explanation of all local terms, and shall bear the
signature of the interpreter and the seal of the Court.

1169.—(1) Immediately after the Court has declared ^^f^tv

the appeal admitted, the appellant shall furnish a copy respondent.
of the index to the respondent or his solicitor, and the
respondent may, Avithin scA^en clays of the receipt of the
same, apply to the Registrar to include in the transcript
any documents, papers, or accounts, which he considers
necessary.
(2) Such application shall either be allowed by the
Registrar or referred to a Judge in Chambers, Avhose
decision .shall be final.

1 1 7 0 . Immediately after the copy of the record has Notice of

been transmitted to the Registrar of the Privy Council, ™°'™^^^'°"-
the Registrar of the Court shall give notice thereof to
the solicitors of the respective parties to the appeal.

1 1 7 1 . When the copy of the proceedings, except as Refund of

aforesaid, has been transmitted to His Majesty in Jepo^J^^"*
Council, the appellant may obtain a refund of the
balance, if any, of the amount which he has deposited
under section 1158 (b).

1 1 7 2 . Any person who desires to enforce or obtain Procedure to

execution of any order of His Majesty in Council shall «°f^^«eOrder
file a certified copy of the order sought to be enforced Majesty in
or executed, and the Supreme Court shall thereupon ''"°"^'
enforce or execute it in the manner and according to ,
the rules applicable to the execution of its OAvn
te judgments.

1 1 7 3 . Nothing herein shall be understood Saving clause

as to limited
(a) to bar the full and unqualified exercise of His operation of
Majesty s pleasure in receiving or rejecting
appeals to His Majesty in Council or other-
wise howsoever; or
620
A.D. 1 9 0 7 .
Ss. 1174 1177.
CIVIL PROCEDURE CODE.

(b) to interfere with any rules made by the

Judicial Committee of the Privy Council,
and for the time being in force, for presen-
tation of appeals to Ilis Majesty in Council,
or their conduct by the said Committee.

Taxation of 1 1 7 4 . All costs incurred in the Colony in con-

costs.
nection Avith appeals to His Majesty in Council shall
be subject to taxation, and be recovered from the party
liable to pay the same in like manner as costs in an
action.
Application 1 1 7 5 . Applications under this Chapter shall, except
by summons. ,^,^}^gj^ otherAvisc provided, be made by summons in
Chambers.

Chapter LIV.
PROCEDURE IN DISTRICT COURTS.
Every action 1 1 7 6 . Evcry actioii ill a District Court shall be
commenced i i '
by summons, commeuccd by summons.
Where action
to be brought.
1177.—(1) Actions against persons resident in the
Colony shall be brought in the district in which the
defendant resides or if there are tAvo or more defendants
in the district where one of them resides or, by leave of
the Court, in the district where the cause of action
arose.
(2) Where a District Court has more than one Court
House, it may transfer any action or proceeding from one
Court House to another Court House.
(3) A District Court may, in any case in which it has
jurisdiction, alloAv service outside its jurisdiction but
within the Colony or in any of the States in the Malay
Peninsula or in Borneo under the protection of His
Majesty.
(4) A summons for service out of the jurisdiction
Avithin the jurisdiction of another District Court may
be sent to the bailiff of such Court for the purpose of
being served and if it is returned with the indorsement
of service thereon as prescribed by section 98 and with
 621
A.D. 1 9 0 7 .
Ss. 1178 & 1179.
CIVIL, PROCEDURE CODE.

an affidavit of such service purporting to have been

made before a District Judge or an Assistant District
Judge such summons shall be deemed to have been duly
served.

1178.—(1) The summons shall be prepared in Eequire-

duplicate by the plaintiff or his-solicitor, or by an officer ^mmo°ns.
of the District Court, and
{a) shall bear upon its heading the serial number
assigned to it, and shall bear date on the
day on which it is issued;
(b) shall specify the name, description, and place
of abode or business or employment of the
plaintiff and of his solicitor, if any, and of
the defendant, so far as can be ascertained;
(c) shall be endorsed Avith a statement of the claim,
and the particulars thereof;
(d) shall call upon the defendant to attend at the
Court House, at a date and hour to be named
therein, to ansAver the claim;
(e) shall be in one of the forms in schedule A, with
such variations as the circumstances require;
(/) each copy shall be signed by the plaintiff or his
solicitor, or in cases coming under sec-
tions 38 or 39 by his attorney or agent.
(2) One copy of the summons shall be sealed Avith the
seal of the Court, and shall be handed to the bailiff of
the Court for service, and the other shall be filed in the
District Court,

1 1 7 9 . The folloAving sections of this Code relating certain

to writs of summons, viz. :—44 (procedure Avhere sections to
insufficient room for indorsements on Avrit), 45 (repre- summonses.
sentative capacity), 46 (status of Avoman to be shoAAm),
50 (no alteration to be made), 51 (expiration and
renewal of writ), 52 (evidence of rencAval), 53 (lost
Avrit), 57 and 58 (concurrent Avrits), 59 (disclosure by
solicitor), 64 and 65 (lost negotiable instruments), 66
(double rent on holding over by tenant), and 67 (sub-
tenant to give notice) shall apply to summonses issned
from and actions instituted in a District Court.
622
A.D, 1 9 0 7 .
Ss. 1180 1184,
CIVIL PROCEDURE CODE.

Service ten 1180.—(1) The summons shall be serA^ed upon the

days before
return day. defendant at least ten clear days before the return of
the summons unless the special leave of the Court has
been obtained for shorter service.
(2) The return day of the summons may be altered
from time to time, in the event of delay in effecting
service, by a memorandum in writing thereon sealed
Avith the seal of the Court.
Certain 1181. The following sections of this Code relating
sections
relating to to service of process, viz. :—89 (service of Avrit), 90
service of
writs of
(personal service), 91 (laAvful days for service), 92 (sub-
summons to stituted service), 94 (service after appearance), 95 (by
apply to
summonses.
Avhom service effected), 98 (indorsement of memorandum
of service), 99 (notice of service to plaintiff), 100 (ser-
vice on solicitor), 101 (affidavit of service), 102 (omis-
sion of memorandum of service), 107 (variation of
orders for service), 108 (notice in lieu of
writ), 109 (service in Federated Malay States and
Brunei), 110 (service on British corporation), 111 (ser-
vice on foreign corporation), 112 (husband and wife),
113 (infant), 114 (lunatic), 115 (service on agent or
manager for absent defendant in certain cases), 116
(shoAving original order on service), 117 (mode and time
of service where not personal), 118 (service of notices
from Court), 120 (manner of personal service of
notices), 121 (service on solicitor of party formerly
appearing in person), and 122 (costs of service), shall
apply to the service of summonses.
Parties 1182. In any question relating to the parties to an
action, District Courts are to be guided by the pro-
visions of Chapter VI., except those relating to third
party procedure, so far as the same are applicable to and
consistent Avith a summary procedure and applicable to
matters Avithin the jurisdiction of District Courts.
Joinder of 1183. The provisions of Chapter X., as to the
causes of
action. joinder of causes of action and consolidation of actions,
shall apply to actions in a District Court, so far as they
relate to matters within its jurisdiction.
Notice to bo 1184.--(1) Where the defendant intends to rely
given of
certain upon any of the following grounds of• defence, namely,
defences.
set-off or counter-claim, infancy, coverture, limitation,
 623
AD. 1 9 0 7 .
Ss. 1185-1188.
CIVIL PROCEDURE CODE.

fraud, release, statutory defence, or facts showing

illegality either under writteD laAv or common law, or
any defence under the statute of frauds, he shall file in
duplicate a notice in writing stating therein his name
and address, together Avith a concise statement of such
grounds, four clear days before the hearing, and one of
such duplicates shall be transmitted to the plaintiff by
the District Court:
(2) In the case of non-compliance Avith this section,
and of the plaintiff's not consenting at the trial to
permit the defendant to avail himself of such defence,
the District Court may, on such terms as it thinks fit,
adjourn the trial of the action to enable the defendant
to give such notice.
1185. Any ground of defence arising after action Defences
brought whether by way of set-off, or counterclaim, or action^''
otherAvise, shall be alloAved and dealt Avith at the ^^^^gi'*-
hearing.
1186. The District Court may alloAv amendments of fii^^'"'°
summonses or notices in Avriting, subject to such terms amendments.
as are just.
1187. The District Court may require any party to Production of
produce any documents in his possession or poAver, 'J°'='i°^s°ts-
relating to the matter in dispute, and the Court may
deal with such documents Avhen produced in such
manner as is just.
1188.—(1) Every application to the District Court Application
to be made
in the course of an action, whether before or after judg- viva voce.
ment, or for leave to bring an action under section 1177
shall be made viva voce to the District Judge, Avithout
written statement or previous formality.
(2) The District Judge shall make a note of every
such application, and of the evidence taken in support
of it, and of the order made or direction given thereon.
(3) The District Judge may adjourn such applica-
tion, and direct notice thereof to be given to any other
party, or make such other order as is just.
(4) Applications in actions AAdthin the value limit of
the jurisdiction of an Assistant District Judge may lie
made to an Assistant District Judge.
624
A.D. 1 9 0 7 .
Ss. 1189 & 1190.
CIVIL PROCEDURE CODE.

(5) Applications in actions Avhether before or after

judgment not within the value limit of his jurisdiction,
provided that such applications do not involve the real
matter in dispute betAveen the parties, may be made to
an Assistant District Judge, Avhenever there is no Dis-
trict J u d g e present in the district in the execution of
his duties as District Judge.

DistHft" 1 1 8 9 . Sittings of the District Courts shall be held

Courts. at such times and places as are necessary.

Trials.
1190.—(1) The folloAving provisions shall apply to
trials in District Courts :—
(a) parties may appear in person, or by their
solicitors, or, in cases coming Avithin sec-
tions 38 or 39, by their attorney or agent;
(b) if neither party appears the action may be
struck out; and may, on sufficient cause shoAvn
Avithin fourteen days, be reinstated on the
application of either party;
(c) if the plaintiff appears but the defendant does
not appear, on proof of service of the sum-
mons the plaintiff may prove his claim so
far as the burden of proof lies on him <ind
have judgment for the same;
{d) if Avhen the trial is called on the defendant
appears but the plaintiff does not appear,
the defendant, if he has no counterclaim,
shall be entitled to judgment dismissing the
action; and, if he has a counterclaim, he
may prove such counterclaim, so far as the
burden of proof lies on him, and have judg-
ment for the same;
{e) in any of the above cases the Court may adjourn
the trial for the attendance of the parties
or of either of them;
(/) the evidence of the parties and their witnesses
shall be given viva voce in open Court but
the Court may at any time for sufficient
reason order that any particular fact or
facts may be proved by affidavit;
 625
A.D. 1 9 0 7 .
S. 119L
CIVIL PROCEDURE CODE.

(g) the provisions of sections 446 (speeches to

Court), 447 (taking notes of evidence), 448
(recording of remarks on demeanour of wit-
nesses), 449 (use of notes of evidence), 450
(marking and disposal of document put in
evidence), 451 (Court may order document
to be impounded), 452 (impounded docu-
ments) and 455 (interest) shall apply;
{h) generally such trials shall be conducted in
accordance with the ordinary practice of
the Supreme Court, with such variations as
a summary trial requires.

1191.—(1) The parties to an action may obtain, on subpoena to

application to the Court, subpoenas to persons whose witnesses,
attendance is required either to give evidence or to pro-
duce documents, and the provisions of sections 494
(number of persons in a subpoena other than a subpcena
duces tecttm), 495 (one person in subpcena duces tecum),
496 {subpoena duces tecum), 499 (service of subpcena)
and 504 (attendance of prisoner as witness) shall apply
to a District Court.
(2) In the interval between the suing out and service
of any subpcena the party suing out the same may alter
the date or correct any error in the names of parties or
witnesses and may have the writ resealed.
(3) No subpoena ad testifi.candum or duces tecum
shall issue to compel the attendance of any witness,
who may be in another district, without leave of the
Court supported by evidence that the Avitness is a
material and necessary one, and upon hearing such
application the Court may direct a subpcena to issue or
may issue a request to another District CouT"t to
examine such witness under section 1199 (examination of
witnesses on commission).
(4) Section 501 (specially marked) shall apply to every
subpoena issued under subsection (3).
(5) Any person Avilfully disobeying a subpoena or any
order requiring his attendance for the purpose of being
examined or producing documents may be arrested by
order of the District Court and may be punished by
such Court by fine not exceeding one hundred dollars
Vol. II. 40
626
A.D. 1 9 0 7 .
Ss 1192-n97.
CIVIL PROCEDURE CODE.

and in default of payment of such fine with simple

imprisonment for a term which may extend to fourteen
days unless such fine is sooner paid.
Form and
swearing
1 1 9 2 . Whenever affidavits are authorized or per-
affidavits. mitted to be used they shall be subject to the like rules
as to form and be sworn in the manner prescribed in
Chapter XXIV. -
.Iudgment In 1 1 9 3 . The Court shall pronounce judgment in open
open Court.
Court, either immediately on the conclusion of the trial,
or on some subsequent day of Avhich due notice shall
be given.
Pronouncing 1 1 9 4 . A District Judge or Assistant District Judge
judgment
written by may pronounce a judgment written by his predecessor.
Judge's pre-
decessor.
Continuation 1195.—(1) When a District Judge or an Assistant
of trial by District Judge conducting a trial under this Chapter
successor of
District is prevented by death, transfer, or other cause from
Judge or by
Supreme
concluding the trial of the action, any successor to such
Court in case District Judge or Assistant District Judge may deal
transferred. with the evidence already taken down, and proceed
Avith the action from the stage at which his predecessor
left it.
(2) Nothing herein shall prevent the Judge who con-
tinues the trial from recalling all or any of the witnesses,
or taking their evidence afresh.
Judgment by 1 1 9 6 . Judgment by confession or consent of the
confeSHion or
consent. parties may be entered up at any time, if such consent
and the particulars of the judgment to be entered are
expressed by the parties in the presence of a District
Judge or an Assistant District Judge.
Pavmrnt by 1197.—(1) In all judgments,, and in cases Avhere the
instalments. defendant has consented to or confessed judgment, the
District Court may, for sufficient reason, and upon
such terms as to security, or otherwise, as to the Court
seem just, order that the amount shall be paid by
instalments with or without interest.
(2) Subject to any order made under subsection (1),
section 568 (interest on judgment debts) shall apply to
all judgments of a District Court.
 627
AD. 1 9 0 7 .
Ss. 1198-1201.
CIVIL PROCEDURE CODE.

1 1 9 8 . A District Judge or an Assistant District E'.amination

T 1 . ",. , . of Witness
Judge may, m any proceeding where it appears neces- before trial.
sary for the purposes of justice, on the application of
any party, and after notice to the other party or
parties, take the examination of any Avitness before the
return day of the summons.
1 1 9 9 . A District Judge or an Assistant District Examination
Judge may, in any proceeding where it appears neces- onTimmiv
sary for the purposes of justice, issue a request, sion.
addressed to any other District Court, to examine any
witness or witnesses, and the same rules shall be
applicable to such request as apply to a request issued
by the Supreme Court under section 472.

1 2 0 0 . A judgment or order of a District Court may EnWment

be enforced
_ _ in
. J any
o of_ the
- following
„ _- . modes
. :— of judgment
' of District
' (a) if the judgment or order is for the recovery by
or payment of money to any person or into .
Court
(i) by the District Court writ of seizure and
sale; and
(ii) in cases where imprisonment is authorized
by this Code, by committal to prison;
(b) if the judgment or order is for the delivery of
possession of imm.oveable property, by writ
of possession;
(c) if the judgment or order is for the recovery of
any property other than immoveable pro-
perty or money, by writ of delivery;
(d) if the judgment or order is for the doing by
any person of any act, other than the pay-
ment of money, or the abstaining from doing
anything, by writ of attachment.

1 2 0 1 . - ( 1 ) Any person who has obtained a judg- ^nLt",';;n:

ment may apply viva voce for execution thereon, and
the District Judge or Assistant District Judge, as the ..
case may be, shall, if satisfied that the person applying is
entitled to execution, issue a writ accordingly.
- (2) Such writ shall be addressed to the bailiff of the
Court, and shall bear the date of the day on which it is
Vol. II. *0A
628
A.D. 1 9 0 7 .
Ss. 1202-1204.
CIVIL PROCEDURE CODE.

issued and shall be an authority to the bailiff to execute

the writ Avithin the jurisdiction of the District Court.
Certain
sections of 1202. The following sections of this Code shall
Chapter
xxviii. to
apply to execution issued by a District Court, viz. :—
apply 574 (difficulty in enforcing judgment), 575 (examina-
to execution
Issued by
tion of officer of corporation as to debts owing to cor-
District Court. poration), 576 (judgment to be obe^^ed without demand),
577 (execution of judgment on condition), 578 (waiver
of conditional judgment), 582 (indorsement on writ of
execution), 584 (expenses of execution), 585 (amount of
money and interest to be recovered to be indorsed), 586
(time to sue out Avrit of seizure and sale), 587 (execution
of judgment for money and costs), 588 (renewal of
Avrit), 589 (evidence of renewal), 590 (execution to issue
Avithin six years), 591 (leave to issue execution in cer-
tain cases), 594 (application to stay execution), 597
(application by joint creditors), 598 (entry of satisfac-
tion by consent), and 599 (where consent refused).

Where 1203. Where a decree directs payment of monev by

payment
ordered by instalments execution shall not issue until after default
Instalments.
in payment of some instalment and execution or succes-
sive executions may then issue for the whole of the
money and costs then remaining unpaid.
Execution by
District 1204.—(1) A District Court may, at the request of
Court of
judgments,
any person Avho has obtained a judgment, order, or
etc., of warrant, forward such judgment, order, or warrant to
another another District Court, and such last-named District
District
Court. Court shall thereupon execute such judgment, order, or
Avar rant as if it Avas made by itself.
(2) A judgment or order may, so long as it remains
unsatisfied or unenforced, either wholly or in part, be
forAvarded as provided in this section Avhether any writ
of execution has been issued from the District Court
or not.
(3) Everv judgment debtor arrested by a District
Court on a warrant issued by another District Court
and every defendant arrested by a District Court before •
judgment on an order issued by another District Court
shall be broug-ht before the District Court in whose
jurisdiction he has been arrested and he shall then
 629
A.D. 1 9 0 7 .
., > Ss. 1205-1208.
'CIVIL PROCEDURE CODE.

(a) be released on payment of the judgment debt or

the amount claimed, as the case may be, and
costs or on his giving security in such sum
as appears reasonable to the District Court
in whose jurisdiction he is arrested that he
Avill forthAvith proceed to the District from
Avhich the said warrant or order has been
forwarded and appear before the District
Court thereof; or
(b) he handed over to the bailiff or some other-
person appointed by either of the District
Courts to be taken to the district from
which the said warrant or order was for-
warded there to be dealt with according to
law^
1205. A District Court may, Avhether any writ of nittrict
execution has been issued from the District Court or fo°.'^ard*''
not, at the request of any person who has obtained a judgment to
judgment or order, forAvard such judgment or order to comnor
the Supreme Court, and the Supreme Court may there- execution.
upon execute such judgment or order as if it was made
by itself.
1206. Section 596 shall apply to judgments or ^^^^^^^^ ^°'
orders forwarded under sections 1204 and 1205. judgment
under last
1207. The provisions contained in Chapter X X V I I I t^°««°ti°"^-
with regard to the duties of the Sheriff as to execution Bi^uggl^i
of writs, shall apply to bailiffs executing writs of executing
execution issued by a District Court, the provisions as P'°™^^V
to Avrits of seizure and sale being applicable to District
Court writs of seizure and sale.
1208.—(1) The following property shall be liable to District
be seized under a District Court writ of seizure and Court writ ot
, . 1 . /-i , seizure and
sale, VIZ. :—goods, groAvmg crops, money. Government sale.
and bank notes, cheques, bills of exchange, promissory
notes, debts, and, with the exceptions mentioned in sec-
tion 617 (2), all other moveable property belonging to
the judgment debtor.
(2) The following sections of this Code shall apply to
District Court writs of seizure and sale, viz. :—618
(moveable property and negotiable instruments), 621
(property in control of person other than the judgment
630
A.D. 1 9 0 7 .
Ss. 1209-1213.

CIVIL PROCEDURE CODE.

debtor), 622 (property in hands of Accountant-General),

624 (alienation after seizure void), 625 (sale of move-
able property by Sheriff), 626 (sales of property exceed-
ing $100 in value to be by public auction), 628 (realiza-
tion by Sheriff of amount of negotiable instrument), 629
(delivery to purchaser of moveable property sold in
execution), 631 (delivery of negotiable instrument sold
in execution), and 640 to 652 (garnishment).
(3) A District Court Avrit of seizure and sale shall be
in the form in schedule A, with such variations as cir-
cumstances require.
Writs of
possession,
1209.—(1) The provisions contained in Chapter
delivery and XXIX, Avith regard to Avrits of possession, of delivery,
attachment. and of attachment, shall apply to the like writs issued
by a District Court.
(2) No Avrit of attachment shall be issued except by
order of a District Judge.
Arrest and 1210. The provisions contained in Chapter XXX,
examination
of judgment as to the arrest and examination of* judgment debtors,
debtor. shall apply to District Courts.
Arrest before
judgment.
1211. The District Courts shall have the powers of
ordering arrest and attachment before judgm.ent given
by Chapter XXXI. and with the same effects and con-
sequences; provided that any attachment ordered by a
District Court shall only extend to property liable to
be seized under a District Court writ of seizure and
sale.
Interim
preservation
1212. The District Courts shall have the power to
of property. make orders for the interim preservation of property
given by sections 696 (preservation or interim custody of
subject matter of disputed contract), 698 (order for sale
of perishable goods, etc.), 699 (detention, preservation or
inspection of property the subject of thfe action), 700
(inspection by Judge), and 703 (order for recovery of
specific property other than immoveable property subject
to lien).
Distress. 1213. District Judges and Assistant District Judges
shall exercise their jurisdiction to issue writs of dis-
tress in accordance with the provisions contained in
Chapter XXXIII. and the provisions of that Chapter
 631
A.D. 1 9 0 7 .
Ss. 1214-1220.
CIVIL PROCEDURE CODE.

relating to Sheriffs shall apply to bailiffs charged with

the levy of a distress by a District Court.

1 2 1 4 . The provisions of Chapter XXXIV. QQ t o Interpleader.

interpleader shall apply to District Courts.

1215. If it is made to appear to a District Court Poor suitors.

that any person, desirous of commencing or defending
any action in the Court in his own right, is not pos-
sessed of property to the amount of one hundred dollars
in value, excepting wearing apparel and the matter or
thing claimed by him if he is the plaintiff in the action,
and that such person has a good cause of action or
defence the Court niay admit such person to sue or
defend as a pauper.

1216. No fees of Court shall in the first instance be Court tees in

taken from any person admitted to sue or defend as a pauper's.
pauper, but if he succeed-s, and costs are awarded to be
paid by his opponent, then such Court fees as Avould in
other cases be chargeable shall be charged and
recovered.
1217. Any person having been admitted to sue or Loss of
defend as a pauper shall, on sufficient cause being p^'^'i^'g'-
shown to the Court, be deprived of all the privileges
of such admission.
1218. The provisions of Chapter XXXVII. as to Action by and
actions by and against firms shall apply to District ^^^'^^ ™^'
Courts.
1219. District Judges and Assistant District Pi-obateand
Judges shall exercise their jurisdiction to grant, alter, w"^'^ ^^
and revoke probates and letters of administration in
accordance with the provisions contained in Chapters
XL. to XLIII., except so far as such provisions are
varied by sections 1220, 1221, 1222 and 1223.

1220. In the case of petitions presented to a Dis- Petition.

trict Court, the name of the District Court shall be
added under the general heading of the Supreme Court, •
and the petition shall, in addition to the particulars
 682
A.D. 1 9 0 7
Ss. 1221-1223„
CIVIL PROCEDURE CODE.

required by section 888, contain a statement that the

deceased had, at the time of his death, property within
the jurisdiction of such District Court, and that the
estate and effects of the deceased, in respect of which
grant of probate is applied for, exclusive of what the
deceased was possessed of as a trustee and not bene-
ficially, do not exceed in value one thousand dollars,
H e a r i n g and
g r a n t of • 1221.— (1) The District Judge or Assistant District
probate or Judge shall forthAvith after hearing any such applica-
letters of
administra- tion, indorse on the petition the order, if any, which he
tion. • makes thereon.
Original
will to be
(2) The District Judge or Assistant District Judge
forwarded to s'hall forward the original of any will or testamentary
Kegistrar of
Settlement.
paper admitted to probate to the Registrar of the Set-
tlement foi deposit in the strong room of the Supreme
Court.
Provision In
case of sab-
1 2 2 2 . No grant of probate or letters of administra-
sequent dis- tion by a District Court shall be invalid by reason of
covery t h a t
value of estate the estate and effects of the deceased being subsequently
exceeds discovered to be of greater value than one thousand
§1,000.
dollars, but in that case a sum equal to the aggregate-
amount of the stamp duty, payable on an affidavit in
respect of the true value of such estate and effects, and
of the Court fees which would have been payable in
respect of the application for the grant, shall be a debt
due to His Majesty from the person acting in the
administration of such estate and effects, and no allow-
ance shall be made in respect of the fee of two dollars
previously paid.
Administra-
tion bond
1 2 2 3 . Where the estate and effects in respect of
need not be which a grant of letters of administration is made,
given where
estate does
exclusive of what the deceased was possessed of or
.not exceed entitled to as trustee, and not beneficially, do not
$1,000.
exceed in value one thousand dollars, it shall not be
necessary to require the grantee to give an administra-
tion bond unless
(a) the grant is made to the guardian of an infant;
or
(b) the District Judge or Assistant District Judge
in the particular case thinks it desirable that
the bond should be given.
 633
A.D 1 9 0 7 .
'• Ss. 1224-1227.
CIVIL PROCEDURE CODE:

Suitors'
1224.—(1) All money, jewels, securities, or other property.
moveable property of suitors ordered to be deposited in
the District Courts shall be lodged in the Colonial
Treasury or Sub-Treasury, and be paid and delivered
out on the order of the District Judge or Assistant Dis-
trict Judge, as the case may be.
(2) The .provisions of sections 1110 (publication of
list of funds not dealt with for ten years), 1111 (trans-
fer to Government of funds unclaimed for fifteen years),
1112 (transfer to Government of funds in Court '. /
unclaimed for fifteen years), 1113 (exception where
proceedings pending), 1114 (provision for repayment),
and 1116 (saving as to moneys payable on coming of
age of infants), shall apply to District Courts.

1225. If the defendant in an administration action Settlement ot

appears at the hearing, and offers terms of settlement, admTnistra-
the District Court, on being satisfied that such terms tion action.
do not injuriously affect the interests of any other
persons interested in the distribution of the estate, may
allow the settlement accordingly.

1226. If no settlement is offered at the hearing, the Procedure if

District Court shall order the defendant, within a time settled""
to be named, to file in Court the affidavit and account "
of the estate, and shall call upon the defendant to
' deposit in Court the grant of probate or letters of
administration and shall proceed to inquire as to Avho
are the parties interested in the estate, whether legatees,
next-of-kin or creditors of the deceased, and shall then
adjourn the hearing to a date to be fixed, and direct
notice of such adjourned hearing to be served upon the
persons ascertained to have interest.

1227.—(1) The District Court shall cause notices Notice to

to creditors of the deceased to be published, requiring *®'^'*°''^-
such creditors to attend and substantiate their claims
within a time to be fixed by the District Court.
(2) Such notices may be published by posting the
same at the door of the Court House, or in the district
where the deceased resided, or at the police station or
stations in the district, or by any other means which
634
A.D. 1 9 0 7 .
Ss. 1228-1230.

CIVIL PROCEDURE CODE.

the District Court considers most likely to bring the
matter to the knoAvledge of the parties interested.

Theadjourned 1 2 2 8 . At the adjourued hearing, or at any further

cedureind"' adjoummeuts thereof, all interested parties may
powers of the attend, and the District Court shall proceed to adjudi-
cate upon all claims, and to inquire into*the particulars
of the account filed, and may
(a) allow all proper payments duly vouched;
(b) disallow all payments not ]:)roperly chargeable
to the estate;
(c) surcharge the defendant Avith any sums or part
of the estate found to have been received
and not accounted for by him, or which
Avith ordinary care might have been received
by him;
(d) charge the defendant Avith any loss to the
estate by the sale of any part of it at an
under value;
(e) order the sale or partition of any immoveable
property still outstanding, and the delivery
up, sale, or payment into Court of any
moveable property in his hands;
(/) take all other steps which are necessary to com-
pel the application and distribution of the
estate in a due course of administration,
and according to the Avill, if any, of the
testator.

Costs ot 1229.—(1) The costs of the action for the adminis-

action. tration of the estate shall be in the discretion of the
District Court, and the same or any part thereof may
be ordered to be paid out of the estate.
(2) An executor or administrator shall not be
deprived of his costs except on the ground of mal-
administration; or of such delay in the administration
as the Court considers to be entirely unreasonable.

Share of 1230.--(1) The legacy, share, or interest of any

absent
beneficiiiiy. beneficiary Avho has not appeared, or cannot be found,
shall be paid into Court to the separate account of such
person, unless such person has been absent and unheard
 . '- ^ 635
' ; ' : -: A.D. 1 9 0 7 .
. Ss. 1231-1238,
* CIVIL PROCEDURE CODE.

of for a period of seven years or upwards, in which case

the Court may declare that his death may be presumed,
and his share shall then fall into the general residue of
the estate, and be distributed therewith.
(2) Nothing in this section shall operate to prevent
any such person from subsequently claiming from the
other beneficiaries a refund of his distributive share or
legacy.

1 2 3 1 . The District Court shall by its final judgment pinai decree.

declare what sums are to be paid and allowed to
creditors, and in what sums, or how, the residue of the
estate shall be divided and paid among the legatees or
next-of-kin, and may direct judgment to be entered for
any of them against the defendant, or any party liable
for the same, for the amount of their distributive shares,
and give all necessary and proper directions for carry-
ing the same into effect.

1232.—(1) The judgment of the District Court Release of

shall be final and conclusive as between the parties to compliance"''
the action, and any persons who have had notice -with decree. "
thereof, and compliance therewith shall operate as a
release and discharge to the defendant, except in the
case of wilful fraud or concealment by him, or of assets
subsequently coming to his hands.
(2) Nothing herein shall prevent any creditor, who has
had no knowledge of the action, from following the assets
into the hands of the beneficiaries.
Rules in
1 2 3 3 . In applying any provisions of this Code applying
relating to the Supreme Court to a District Court the practTcTof,
following rules shall be observed :— CoSrHo
(a) where any application is required to be mode District
Court.
to the Registrar it shall be made to the
District Judge or the Assistant District
Judge, as the case may be;
(b) where any application other than an applica-
tion under Chapter X X X I I I . is required to
be made by summons it shall be made viva.
voce to the District Court, as provided by
section 1188;
 636
A.D. 1 9 0 7 .
Ss. 1234-1237.

CIVIL PROCEDURE CODE.

(c) any provision applying to the Sheriff shall be

construed as applying to the bailiff of the
District Court.
Certain
general 1234.—(1) The provisions of Chapter II. (general
provisions of
Code
provisions) and of sections 1333 (power of Court to
.applicable to enlarge or abridge time), 1334 (enlargement of time by
District
Courts.
consent), 1335 (number of days how computed), 1336
(length of notice after delay of one year),' 1339 (non-
compliance not to render proceedings void) and 1340
(application to set aside for irregularity Avhen allowed)
shall apply to District Courts.
Special orders (2) Whenever any doubt or difficulty arises as to the
as to
procedure. practice or procedure to be folloAved in a District Court
in any particular matter not provided for by this
Chapter, the District Judge or Assistant District Judge
may give such orders and directions, having regard to
the provisions of this Code, as are likely to secure sub-
stantial justice between the parties, and the summary
settlement of any matters in issue between them.

Chapter LV.
NEW TRIALS AND APPEALS (DISTRICT
COURTS).
General final- 1 2 3 5 . Save as otherwise provided by this Chapter,
' andtderroT ^^^ry judgment or order of I District Court shall be
District final and conclusive.
Courts.

J udgment In 1 2 3 6 . If any District Court has given judgment in

default of
appearance default of appearance, or in the absence of either party
may be set at the hearing, such Court may, on sufficient cause
Hside.
shown at any time within fourteen days after the date
of such judgment, set aside the judgment so given, and
the execution,, if any, issued thereon, and order trial of
the action, upon such terms as to security or otherAvise
as such Court thinks fit.

Procedurefor 1237.—(1) Ally party to a jlroceeding in a District

appeal. Court Avhou the sum claimed or j the value of the subject
 637
A.D. 1 9 0 7 .
.. ., ' Ss. 1^8 & 1239.
£ r V I L ^ P ^ C E D U R E CODE,_
Procedure 1237.—(i) Any party to a proceeding in a District
on appeal.
Court when the sum claimed or the value of the subject
matter thereof exceeds one hundred dollars, if dissatis-
fied with any judgment of such Court, that judgment not
being made by consent of parties or as to costs only,
which by law are left to the discretion of the Court, may
v^ prefer an appeal to the Supreme Court against such
ViV judgment, by (a) lodging within seven days from the
time of the pronouncement of such judgment, with the
clerk of the District Court, a notice of appeal; (b) at the
same time depositing the sum of ten dollars towards
the cost of making two copies of the record; and (c)
giving security to an amount of one hundred and fifty
dollars for the costs of the appeal or such less sum as
the District Court directs.
(2) The clerk of the District Court shall cause a
copy of the said notice of appeal to be served upon the
respondent and shall supply to the respondent a copy
of the record and of the grounds of judgment.
(3) Section 1135 (stay of proceedings) shall apply
to appeals under this section with the substitution of
the Supreme Court for the Court of Appeal.
(4) The appellant may appeal from the whole or
any part of the judgment, and the notice of appeal shall
state whether the whole or part only and which part of
such judgment is complained of,
Copy of 1238. When tne appellant has complied with the
record and
grounds of provisions of section 1237, the District J u d g e shall
judgment to make and transmit to the Registrar of the Supreme ,
be sent to Court a signed copy of the record of the proceedings in
Supreme
Court and the case and the grounds in Avriting of his judgment, and
served on shall also serve upon the appellant a copy of such record
appellant. and grounds of judgment.
Filing of peti- 1239.—(1) The appellant shall, within twenty-one
tion of appeal.
days after the service upon him of the record and

Tneuudges composing the Uouijt of Appeal

(3) If the copies for the us ) of the Judges are not
filed by the orescribed time nd no sufficient cause is
shoAA^n for the delay, the apper 1 shall be dismissed
 838
AD. 1 9 0 7 .
Ss. 1240-1244.
C I V I L P R O C E D U R E CODE. ^

Appeal 1 2 4 0 . Thd^ Cuui t uf A p p o t t l ^ a y , on the application

specifically
allowed in of any person desirous of appealing from a judgment
certain cases.
of a District Court, who is debarred from so doing
upon the ground of his not having observed' some
IW formality or other requirement of this Code, permit an
yif\: appeal upon such terms and with such directions to the
District Court and to the parties as the Court considers
desirable, in order that substantial justice may be done
in the matter.

Notice of 1 2 4 1 . A respondent to an appeal need not give

appealing
respondent. notice of appeal, but he shall comply Avith sections 1130
and 1131, which sections shall be applicable to appeals
from District Courts. • <
Vi.[^
Powers and 1242. All appeals from the District Court to the
jurisdiction Supreme Court shall be by way of re-hearing and the
of Court of
Appeal on Supreme Court.shall have the like powers and jurisdic-
hearing of tion on the hearing of appeals from District Courts as
appeals from
District the Court of Appeal on the hearing of appeals from the
Courts. Supreme Court. ^^

No reversal 1 2 4 3 . No judgment or order of a District Court

on grounds
of exceeding shall be reversed or altered on the ground that the '
local juris- cause of action, though arising Avholly or in p a r t within
diction if
within the Settlement m which the District is situated, did not
Settlement. arise wholly or in p a r t within the local limits of the
jurisdiction of such District Court, nor on the ground
that, although the defendant or one of the defendants
at the time of the institution of the action resided, or
carried on business, or personally worked for gain
within the Settlement, yet he did not do so within the
local limits of the jurisdiction of the District Court.

Pauper 1244.—(1) Any poor person entitled to appeal in

appeals from
District his own right from any judgment of a District Court,
Courts. or who is made a respondent to an appeal, may be
admitted to appeal or oppose the appeal as a pauper, on
application to the District Court.
(2) The provisions of Chapter X X X V I . shall apply
to such an appeal, ynutatis mutandis.
(3) The security required by section 1237 shall not be
necessary in the case of a pauper appellant.
 639
A.D. 1 9 0 7 .
Ss. 1245>-1247
CIVIL PROCEDURE CODE.

Chapter LVI.
* • - *

CONTEMPT OF DISTRICT COURTS.

1245.—(1) When any such offence as is described in Procedure ot

sections 175 (omission to produce a document to a public ceXin^ases
servant by a person legally bound to produce such docu- ot contempt.
^ment), 178 (refusing oath Avhen duly required to take
oath by a public servant), 179 (refusing to answer a
public servant authorized to question), 180 (refusing
to sign statement), or 228 (intentional insult or inter-
ruption to a public servant sitting in any stage of a
judicial proceeding), of the Penal Code is committed
in the view or presence of the District Court, or Avhen •
any person misbehaves himself in Court, the Court rnay
cause the offender to be detained in custody.
(2) At any time before the rising of the Court on the
same day it may take cognizance of the offence, and
punish the offender with fine not exceeding fifty dollars,
and in default of payment of such fine, with imprison-
ment in the civil prison for a term which may extend to
seven days unless such fine is sooner.paid.

1 2 4 6 . In every such case the Court shall record the Record in

facts constituting the offence, the statement, if any, ^"<=^' <=^^«s.
made by the offender, and the finding and sentence,

1247.—(1) If the Court considers that a person procedure

accused of any of the offences under the Penal Code ^^'i^ere Court.
referred tx) in section 1245, and committed in its view that case -
or presence, should be imprisoned otherwise than in a'^^ttith*^^
default of payment of fine, or that a fine exceeding fi-fty under section
dollars should be imposed upon him, or if the Court is ^^*°'
for any other reason of opinion that the case should not
be disposed of under section 1245, after recording the
facts constituting the offence and the statement of the
accused as hereinbefore provided, it may forward the
case to a Police Court and may require security to be
given for the appearance of such accused person before
such Police Court, or, if sufficient security is not given,
may forward him under custody to such Police Court.
640
AD. 1 9 0 7 .
Ss. 1248-1253.
CIVIL PROCEDURE CODE.

(2) Such Police Court shall try the accused person,

and may sentence the offender to punishment as pro-
vided in the section of the Penal Code under which he
is charged.
Discharge of 1 2 4 8 . When the Court has, under sections 1245 or
offender on
Bubraission or 1247, punished an offender, or forv^arded him to a
apology. Police Court for trial for refusing or omitting to do
anything which he was lawfully required to do, or for
any intentional insult or interruption, the District-
Court may in its discretion discharge the offender, or
remit the punishment on his submission to the order or
requisition of the Court, or on an apology being made
to its satisfaction.

Chapter LVII.
COURT FEES.
Supreme 1 2 4 9 . The fees and percentages in Part I. of
Court fees.
schedule B shall be taken and paid in the Supreme Court
in all causes and proceedings within the civil jurisdiction
of the Supreme Court.
District 1 2 5 0 . The fees and percentages in Part II. of
Court fees.
schedule B shall be taken and paid in the District
Courts.
Saving in 1 2 5 1 . Nothing herein shall affect the following
bankruptcy
proceedings, matters :—
etc.
(a) the fees in bankruptcy proceedings; or
(b) any fees fixed by any statute or rule not by this
Code expressly repealed; or
(c) the fees in proceedings under the Admiralty
jurisdiction of the Supreme Court.
Definition of 1 2 5 2 . A folio shall comprise 100 words and every
folio.
figure shall be counted as one word.
No fee on 1 2 5 3 . Where any process is issued or proceeding
proceeding
initiated by taken, by the direction and at the instance of a Court
Judge. or a Judge thereof, and not upon the application of a
party, no fees shall be chargeable in respect of .such
process or proceeding.
 - 641
A.D. 1 9 0 7 .
• Ss. 1254-1257.
CIVIL PROCEDURE CODE.

Chapter LVIII.

COSTS IN THE SUPREME COURT.

Court's Powers as to Costs.

1254.—(1) Subject to this Code, the costs of and ^i^^^^^'^^^t'io^

incident to all proceedings in the Supreme Court, of the Court.
including the administration of estates and trusts, shall
be in the discretion of the Court or Judge.
(2) Nothing herein shall deprive an executor, admin-
istrator, trustee, or mortgagee, who has not unreason-
ably instituted or carried on or resisted any proceedings,
^ of any right to costs out of a particular estate or fund
to which, he Avould be entitled according to the rules
hitherto acted upon.

1255.—(1) When issues in fact and laAv are raised p^^t^of

T • -1 • 1 P I ^ issues to
upon a claim or counterclaim, the costs of the several toUow event,
issues, respectively, both in law and fact, shall, unless
OtherAvise ordered, follow the event, and an order giving
a party costs, except so far as they have been occasioned
or incurred by or relate to some particular issue or part
of his proceedings, shall be read and construed as
excluding only the amount by Avhich the costs ^have been
increased by such issue or proceedings.
(2) The Court or Judge, if the whole costs of the
action are not intended to be given to the party, may,
wherever practicable, by the order direct taxation of
the whole costs, and payment of such proportion thereof ^
as the Court or Judge determines.
1 2 5 6 . If a cause is removed from a District Court Costs of cause
-^•"" .' . . . . . , ., i • ii r-i i removed from
having jurisdiction m the cause, the costs m the Court DistrictCourt
below shall be costs in the cause.
1 2 5 7 . Where, upon the trial of any cause or matter. Personal
it appears that the same cannot conveniently proceed, g^^i^^'itor °o
by reason of the solicitor for any party having neglected pay costs.
to attend personally or by some proper person on his
behalf, or having omitted to deliver any paper neces-
Vol. II. 41
 642
A.D. 1 9 0 7 .
Ss. 1258-1262.
CIVIL PROCEDURE CODE.

sary for use of the Court or Judge, and which, accord-

ing to the practice, ought to have been delivered, such
solicitor shall personally pay, to all or any of the
parties, such costs as the Court or Judge thinks fit to
award.
Security for
costs. 1258.—(1) In any cause or matter, in Avhich security
for costs is required, the security shall be of such
amount, and be given at such times, and in such manner
and form, as the Court or a Judge directs.
(2) If a plaintiff makes default in giving security,
his action may be dismissed.
(3) If a defendant, being a plaintiff by counterclaim,
and as such ordered to give security, makes default in
giving security, his counterclaim may be dismissed.

Security for 1259. A plaintiff ordinarily resident out of the

costs by
plaintiff Settlement may be ordered to give security for costs,
temporarily though he is temporarily resident Avithin the Settlement,
within the
Settlement.
Bond as 1260. Where a bond is to be given as security or costs,
security for it shall, unless the Court or a Judge otherwise directs,
costs.
be given to the party or persons requiring the security,
and not to an officer of the Court.

Costs to be 1261.—(1) In causes and matters commenced after

allowed on
the lower the first day of April, 1907, solicitors shall be entitled
scale. to charge and be allowed the fees in the column, headed
"lower scale," in the schedule C in all causes and
matters.
(2) No higher fees shall be allowed in any case, except
such as are by this Chapter otherwise provided for.
(3) In causes and matters pending on the first day of
April, 1907, to which the higher scale of costs previously
in force was applicable, the same scale shall continue to
be applied.

Costs allowed,
on higher
1262.—(1) Where the estate to be administered, or the
scale in trust estate in respect of which proceedings are taken, or
particular the value of the assets in actions for dissolution of part-
actions.
nership or taking accounts, or the amount of a mortgage
sought to be redeemed or foreclosed, or the purchase
 643
A.D. 1 9 0 7 .
Ss. 1263 & 1264.
CIVIL PROCEDURE CODE.

money in an action for specific performance, and generally

in all cases where the estate, fund, or subject matter of
the action, suit, or proceeding exceeds five thousand
dollars, and in all actions for special injunctions to
restrain the commission or continuance of waste, nuis
ances, breaches of covenant, injuries to property, and
infringement of rights, easements, patents, and copy-
rights, and other similar cases, Avhere the procuring such
injunction is the principal relief sought to be obtained,
oosts shall be allowed on the higher scale.
(2) Should the amount recovered in any action be less
than the amount sought to be recovered, the costs appli-
cable to an action for that amount only shall be recover-
able.
1263.—(1) The fees in the column, headed " higher ^i^^',^.Xn^'
scale," in schedule C may be alloAved, either generally the higher
in any cause or matter, or as to the costs of any f^^^^^X
particular application made or business done in any cause grounds.
or matter, if, on special grounds arising out of the
nature and importance or the difficulty or urgency of the
case, the Court or a Judge, at the trial or hearing or
further consideration of the cause or matter, or at the
hearing of any application therein, whether the cause
or matter is or is not brought to trial or hearing or
to further consideration, as the case may be, so orders;
or, if the Registrar, under directions given to him for
that purpose by the Court or a Judge, thinks that such
allowance ought to be so made, upon such special grounds
as aforesaid.
(2) That Court may, in proper cases, direct that any
costs shall be taxed as betAveen solicitor and client, or as
between solicitor and client with the addition of costs and
expenses properly incurred.

1264.—(1) If in any case it appears to the Court or a a^saiioTedto,

Judge that costs have been improperly or without any or be ordered
reasonable cause incurred or that, by reason of any undue goiidtOT'on'^'
delay in proceeding under any judgment or order, or of account ot
any misconduct or default of the solicitor, any costs nfjs'TOnduct,
properly incurred have nevertheless proved fruitless to
the person incurring the same, the Court or Judge may
call on the solicitor of the person by whom such costs have
been so incurred to show cause Avhy such costs should not
Vol. II. 41A
644
A.D. 1 9 0 7 .
Ss. 1265-1268.
CIVIL PROCEDURE CODE.

be disallowed as between the solicitor and his client, and

also, if the circumstances of the case require, why the
solicitor should not repay to his client any costs which
fhie client has been ordered to pay to any other person;
and thereupon may make such order as the justice of
the case requires.
(2) The Court or Judge may, if it or he thinks fit, refer
the matter to the Registrar for inquiry and report, and
direct the solicitor in the first place to show cause before
such Registrar.
(3) Such notice, if any, of the proceedings or order
shall be given to the client in such manner as the Court or
Judge directs.
Costs in
actions trans-
1 2 6 5 . If any action is instituted in or transferred to
ferred under the Supreme Court under sections 61 or 62, the costs of
sections 61 or, the successful party shall be taxed in accordance with
62.
schedule C, unless the Court otherAvise directs.
Actions un-
necessarily
1 2 6 6 . If any action is brought in the Supreme Court,
brought in without special leave under section 61, which would have
Supreme been within the jurisdiction of a District Court, or in
Court.
which the plaintiff recovers by judgment a sum not
exceeding five hundred dollars, the plaintiff shall not be
entitled to any more costs than he would have been
entitled to if the proceedings had been brought in a
District Court, unless in any such action a Judge of the
Supreme Court certifies that there was sufficient reason
for bringing the action in the Supreme Court.
Costs of 1 2 6 7 . Where the Court or a Judge appoints a solicitor
solicitor
guardian to be guardian ad litem of an infant or person of unsound
ad litem.
mind, the Court or Judge may direct that the costs to be
incurred in the performance of the duties of such office
shall be borne and paid either by the parties, or some one
or more of the parties to the cause or matter in which such
appointment is made, or out of any fund in Court, in
which such infant or person of unsound mind is in-
terested, and may give directions for the repayment or
alloAvance of such costs as the justice and circumstances
of the case require.
Set-off for 1 2 6 8 . A set-off for damages or costs between parties
damages or
costs. may be allowed, notwithstanding the solicitor's lien for
costs in the particular cause or matter in which the set-off
is sought.
 645
A.D. 1 9 0 7 .
Ss. 1269-1275.
CIVIL PROCEDURE CODE.

1269. The costs occasioned by any unsuccessful claim, Costs out of

or unsuccessful resistance to any claim, to any property "^'^^^^
shall not be paid out of the estate, unless the Judge other-
wise directs.
1270. The costs of inquiries to ascertain the person Costsas
entitled to any legacy, money, or share, or otherwise particular
incurred in relation thereto, shall be paid out of such ^^=^'®
' -'
legacy, money, or share, unless the Judge otherwise
directs.
1271.—(1) Where some of the persons entitled to a Distribution
distributive share of a fund are ascertained, and difficulty ^ei^y^d by
or delay has occurrd, or is likely to occur, in ascertaining difficulties as
the persons entitled to the other shares, the Court or a 'osomeshares.
Judge may order or allow immediate payment of their
shares to the persons ascertained, without reserving any .
part of those shares to answer the subsequent costs of
ascertaining the persons entitled to the other shares.
(2) In all such cases such order may be made for ascer-
taining and payment of the costs incurred down to and
including such payment as the Court or Judge thinks
reasonable.
1 2 7 2 . In any probate action, in which it is ordered costs in pro-
that any costs shall be paid out of the estate, the Judge ordered*'to°be
making such order may direct out of what portion or paid out of
portions of the estate such costs shall be paid, and such estate.
costs shall be paid accordingly.

1 2 7 3 . Costs may be taxed on an award, notwithstand- Costs on an

award.
ing the time for setting aside the award has not elapsed.
1274. In any case where the Court or Judge thinks ^g°f ™™*°''
fit to award costs to any party, the Court or Judge may
by the order direct taxation of the costs of such party and
payment of a proportion thereof, or direct payment of a
sum in lieu of taxed costs, and may direct by and to
whom such proportion or sum shall be paid.
1275. When any interlocutory application in Registrar may
Chambers is allowed or dismissed with costs, the summary
Registrar may forthwith fix the amount thereof, and "-ppi'i^ation.
enter a note of the amount in his Minute Book, and the
amount may be embodied in the order, if drawn up.
 646
A.D. 1 9 0 7 .
Ss. 1276-1278.
CIVIL PROCEDURE CODE.

Non-attend-
ance or
1 2 7 6 . As to attendances at Chambers, where, by
neglect of reason of the non-attendance of any party, unless it is
parties on
proceedings
considered expedient to proceed ex parte, or where, by
in Chambers. reason of the neglect of any party in not being prepared
with any proper evidence, account, or other proceeding,
the attendance is adjourned without any useful progress
being made, the Judge or Registrar may order such,an
amount of costs, if any, as he thinks reasonable to be paid
to the party attending by the party so absent or neglect-
ful, or by his solicitor personally, and the party so
absent or neglectful shall not be allowed any fee as
against any other party, or any estate or fund in Avhich
any other party is interested.
Tender for 1277.—(1) Where any petition in a cause or matter,
respondent's which, according to the practice in England, would be
costs on
service of assigned to the Chancery Division, is served, and notice is
petition to be
|10. given to the party served that in case of his appearance
in Court his costs will be objected to, and accompanied by
a tender of costs for perusing the same, the amount to be
' tendered shall be ten dollars.
(2) The party making such payment shall be allowed
the same in his costs, provided such service was proper,
but not otherwise; but this rule is without prejudice to
the rights of either party to the costs, or to object to costs,
where no such tender is made, or where the Court or
Judge considers the party entitled, notwithstanding such
notice or tender to appear in Court.
(3) In any other case, in which a solicitor of a party
served necessarily, or properly peruses any such petition
without appearing thereon, he shall be alloAved a fee not
exceeding the amount aforesaid.
Disallowance 1278-—(1) The Court or Judge may, at the hearing of
of costs of
improper, any cause or matter, or upon any application or proceed-
vexatious or
unnecessary
ing in any cause or matter in Court or at Chambers, and
matter In whether the same is objected to or not,
documents or (a) direct the costs of any indorsement on a writ of
proceedings.
summons, pleading, summons, affidavit, evi-
dence, notice requiring a statement of claim,
notice to produce, admit, or cross-examine
witnesses, account, statement, procuring dis-
covery by interrogatories or order, applica-
tions for time, bills of costs, service of notice
of motion or summons or other proceeding, or
 647
A.D. 1 9 0 7 .
Ss. 1279-1281.
CIVIL PROCEDURE CODE.

any part thereof which is improper, vexatious,

unnecessary, or contains vexatious or unneces-
ary matter, or is of unnecessary length, or
caused by misconduct or negligence, to be dis-
allowed; or
(b) direct the Registrar to look into the same, and to
disallow the costs thereof, or of such part
thereof as he finds to be improper, unnecessary,
vexatious, or to contain unnecessary matter, or
to be of unnecessary length, or caused by mis-
conduct or negligence.
(2) In such case the party .whose costs are so disallowed
shall pay the costs occasioned thereby to the other parties,
and, in any case where such question has not been
raised before and dealt with by the Court or Judge, the
Registrar shall look into the same, and, as to evidence,
although the same may be entered as read in any decree
or order, for the purpose as aforesaid, and thereupon
the same consequences shall ensue as if he had been
specially directed to do so.

1279. In any case in Avhich under section 1278, or Set-oftof

any other rule of Court, or by the order or direction of ''°'*''
a Court, or a Judge, or otherwise, a party entitled to
receive costs is liable to pay costs to any other j^arty, the
Registrar may tax the costs such party is so liable to
pay, and may adjust the same by way of deduction or
set-off, or may, if he thinks fit, delay the allowance of
the costs such party is entitled to receive, until he has
paid or tendered the costs he is liable to pay; or he may
allow or certify the costs to be paid, and direct payment
thereof, and the same may be recovered by the party
entitled thereto in the same manner as costs ordered to
be paid may be recovered.

1280. Where any question as to costs is under sec- Costs of

tion 1278 dealt with in Chambers, the Registrar shall g™Sers!"
make a note thereof, and state the same on his allow-
ance of the fees for attendances at Chambers, or other-
wise, as is convenient for the purposes of taxation.

1281. Where any party appears upoD any applica- Unnecessary

tion or proceeding in Court or in Chambers, in which court'oTiu™
Chambers.
 648
A.D. 1 9 0 7 .
Ss. 1282-1284.
CIVIL PROCEDURE CODE.

he is not interested, or upon Avhich, according to the

practice of the Court, he ought not to attend, he shall
not be allowed any costs of such appearance, unless the
Court or Judge expressly directs such costs to be
allowed.

Taxation 1 2 8 2 . Where an action or petition is dismissed Avith

where action,
etc., dismissed costs, or a motion is refused with costs, or any costs are,
with costs. by any general or special order, directed to be paid, the
Registrar may tax such costs, without any order refer-
ring the same for taxation, unless the Court or a Judge,
upon the application of the party alleging himself to
be aggrieved, prohibits the taxation of such costs.
Taxation of
costs where
1283.—(1) Where it is directed that costs shall be
parties differ. taxed, in case the parties differ about the same the
party claiming the costs shall bring the bill of costs into
the office of the Registrar, and give notice of his having
so done to the other party; and, at any time within
eight days after such notice, such other party may
inspect the same without fee, if he thinks fit.
(2) At or before the expiration of the eight days, or
such further time as the Registrar in his discretion
allows, such other party shall either agree to pay the
costs or signify his dissent therefrom, and may thereupon
tender a sum of money for the costs; but where he makes
no such tender, or where the party claiming the costs
refuses to accept the sum so tendered, the Registrar shall
proceed to tax the costs.
(3) Where the taxed costs do not exceed the sum
tendered, the costs of the taxation shall be borne by the
party claiming the costs.

Preparation and Taxation of Bills.

Form of bill
of costs.
1284.—(1) Bills of costs shall be copied on foolscap
paper bookwise, distinguishing, by insertion in separate
columns, costs out of pocket from charges for work done
and time expended, and showing, by a statement where
the bill of costs is to be taxed between solicitor and
client all sums of money received from or agreed to be
paid by the client in respect of the action or matter
under taxation, or in connection therewith.
 649
^ AD. 1 9 0 7 .
* Ss. 1285-1289.
CIVIL PROCEDURE CODE.

(2) Dates shall be furnished to each item, but they

shall be kept within the body of the bill, so as to leave
the left-hand margin for deductions.
(3) Every bill shall be headed in the cause or matter
to which the same relates, with the name of the party
whose bill it is, and the decree or order under Avhich the
same is to be taxed, and whether the same is to be taxed
between party and party or solicitor and client, and, in
proceedings in a suit or action, the scale under which
the same is to be taxed.
(4) One copy shall be made for the Registrar, and
left with him on obtaining an appointment to tax, and
one copy for the other party, or, in cases Avhere several
parties are entitled or directed to attend the taxation,
each set of parties so entitled or directed to attend

1 2 8 5 . Every bill of costs which is left for taxation J^'^^"™^'^^"'

shall be indorsed with the name and address of the costs.
solicitor by Avhom it is so left, including that of any
solicitor who is entitled or intended to participate in
the costs to be so taxed.
1 2 8 6 . Upon service of an order for taxation the Procedure on
bill shall be carried in to the Registrar, and, if the party
obtaining .the order neglects to proceed thereon for the
space of fourteen days after the service of the order on
the other party, the other party may proceed to carry
in the bill of costs, or a copy thereof, and obtain an
appointment for taxation, and all costs occasioned by
the neglect of the party obtaining the order shall be
paid by him.
1 2 8 7 . A folio shall comprise one hundred words, FQ"!'"*'"]"^
every figure comprised in a column or authorized to be
used being counted as one word.
1 2 8 8 . One day's notice of taxing costs, together Avith Notice of
a copy of the bill of costs, shall be given by the solicitor and'c^y'ML
of the party Avhose costs are to be taxed to the other
party^ or his solicitor in all cases Avhere a notice to tax
is necessary.
1 2 8 9 . Notice of taxing costs shall not be necessary '^}-:ere such
otice
in any case where the defendant has not appeared in unnecessary.
person, or by his solicitor or guardian.
 650
A.D. 1 9 0 7 .
Ss. 1290-1297.
CIVIL PROCEDURE CODE.

Attendance of
parties on
1 2 9 0 . The Registrar may arrange and direct what
taxation. parties are to attend before him on the taxation of
costs to be borne by a fund or estate, and disallow the
costs of any party Avhose attendance in his discretion he
considers unnecessary.
Kef usal or 1 2 9 1 . When any party entitled to costs refuses or
neglect to
procure neglects to bring in his costs for taxation, or to procure
taxation. the same to be taxed, and thereby prejudices any other
party, the Registrar may certify'the costs of the other
parties, and certify such refusal or neglect, or may
allow such party refusing or neglecting a nominal or
other sum for such costs, so as to prevent any other
jiarty being prejudiced by such refusal or neglect.
Amendment
of bill of
1 2 9 2 . In the taxation of costs between party and
costs. party, the bill of costs may be amended at any time
before the taxation closes.

Rules of Taxation.
Disburse- 1 2 9 3 . The Registrar shall require vouchers for all
ments.
disbursements over ten dollars.
Allowances
for pleadings
1 2 9 4 . As to writs of summons requiring special
etc., in discre- indorsement, and as to specia.l cases, pleadings, and
tion of affidavits, and admissions under Chapter XVII., the
Registrar.
Registrar may, in lieu of the allowances for instruc-
tions, and preparing, or drawing, and attendances,
make such alloAvance for work, labour, and expenses in
or about the preparation of such documents as in his
discretion he thinks proper.
Drawing 1 2 9 5 . As to drawing any pleading or other docu-
pleadings., ment, the fees allowed shall include any copy made for
the use of the solicitor or client.
Instructions
to sue or
1 2 9 6 . As to instructions to sue or defend, if the
defend, etc. Registrar on special grounds considers the fee in either
scale provided inadequate, he may make further allow-
ance as he in his discretion considers reasonable.
Drawing 1 2 9 7 . The allowauces for instructions, and drawing
attending"" au affidavit iu answer to interrogatories, and other
deponent. special affidavits, and attending the deponent to be
 651
A.D. 1 9 0 7 .
Ss. 1298-1302.
CIVIL PROCEDURE CODE.

sworn, include all attendances on the deponent to settle

and read over, except Avhen the deponent does not speak
English.
1 2 9 8 . As to delivery of pleadings, services^ and -^ig'^'J^^^^et,,
notices, the fees shall not be alloAved when the same
solicitor is for both parties, unless it is necessary for
the purpose of making an affidavit of service.
1 2 9 9 . As to perusals, the fees shall not apply Avhere Pemsais.
the same solicitor acts for both parties.
1300.—(1) Where the same solicitor is employed for separate
two or more defendants, and separate pleadings are answers or
i J. O 'Dl'0C66CllIlS*3
delivered, or other proceedings had, by or for two or by the same
more such defendants separately, the Registrar shall ^oi"='*°'^-
consider, in the taxation of such solicitor's bill of costs,
either between party and party or betAA^een solicitor and
client, whether such separate pleadings or other pro-
ceedings were necessary or proper.
(2) If the Registrar is of opinion that any part of
the costs occasioned thereby has been unnecessarily or
improperly incurred, the same shall be disallowed
1 3 0 1 . As to evidence, such just and reasonable Evidence.
charges and expenses as appear to have been properly
incurred in procuring evidence, and the attendance of
witnesses, shall be allowed, if not charged and allowed
for under the general
o"-
fee No. 79 in schedule C.
1302.—(1) As to attendances at the Judge's special
Chambers, where, from the length of the attendance, or allowance for
from the difficulty of the case, the Judge or Registrar chambers in
thinks the highest of the fees an insufficient remunera- 'f:T^°l ,
p 1 . P I 1 dilhculty, etc.
tion lor the services performed, or where the prepara-
tion of the case or matter for laying it before the Judge
or Registrar in Chambers or on a summons has
required skill and labour for which no fee is allowed,
the Judge or Registrar may alloAv, in lieu of the fee
provided, such fee not exceeding twenty dollars, or,
where the higher scale is applicable, thirty dollars, as
in his discretion he thinks fit.
(2) Where the preparation of the case or matter for
laying before a Judge at Chambers on a summons has
652
A.D. 1 9 0 7 .
Ss. 1303-1305.
CIVIL PROCEDURE CODE.

required and received from the solicitor such extra-

ordinary skill and labour as materially to conduce to
the satisfactory and speedy disposal of the business,
and therefore appears to the Judge to deserve higher
remuneration than the ordinary fees, the Judge may
allow to the solicitor, by a memorandum in Avriting
expressly made for that purpose, and signed by the
Judge, specifying distinctly the grounds of such allow-
ance, such fee not exceeding one hundred dollars as in
his discretion he thinks fit, instead of the above-
mentioned fees.
Attendances. 1303.—(1) Attendances upon the client shall not be
allowed upon taxation between party and party, except
in the case of consultation before hearing or trial of
action, or assessment of damages, or motion for special
injunction, or other special applications, and except
when necessary for obtaining the instructions of the
client upon matters arising in the cause beyond the
ordinary discretion of the solicitor, and not relating to
matters of procedure.
(2) No attendances or letters in respect of abortive
attempts at a compromise, or of arrangements for the
convenience of solicitor or client shall be allowed on
taxation betAveen party and party,
(3) One letter or notice before action may be allowed,
but no attendance on the client or defendant before writ
issued shall be allowed and no fee for receiving and
perusing any letter or telegram shall be allowed.

Inspection ot 1 3 0 4 . As to inspection of documents no allowance

documents.
shall be made for any notice or inspection, unless it is
shown, to the satisfaction of the Registrar, that there
were good and sufficient reasons for giving such notice
and making such inspection.

Copies of 1305.—(1) As to taking copies of documents in

documents
allowance of possession of another party, or" extracts therefrom,
20 cents per
folio except
under this Code or any special order, the party entitled
where to take the copy or extract shall pay the solicitor of the
solicitor party producing the document, for such copy or extract
refuses
production. as he by writing requires, at the rate of twenty cents,
per folio.
 653
A.D. 1907.
Ss. 1306-1309.
CIVIL PROCEDURE CODE.

(2) If the solicitor of the party producing the docu-

ments refuses or neglects to supply the same, the
solicitor requiring the copy or extract may make it, and
the solicitor for the party producing shall not be
entitled to any fee in respect thereof,

1306.—(1) The costs of applications to extend the ^pJ,°tions

time for taking any proceedings shall be in the dis- to extend
cretion of the Registrar, unless the Court or Judge has *"""•
specially directed how the costs are to be paid or borne.
(2) The costs of more than one extension of time
shall not be alloAA^ed, unless the Judge is satisfied that
such extension was necessary, and could not Avith due
diligence have been avoided.
(3) The costs of a summons to extend time shall not
be allovA'^ed, unless the party taking out such summons
has previously applied to the opposite party to consent,
and he has not given a consent to a sufficient extension
of time, or there Avas a good reason for not making such
application.

1307. Where the plaintiff is directed to pay to ^^tdLntof

the defendant the costs of the cause, the costs ijiaintiffs
occasioned to a defendant by and amendment of the P^^^'^^S^-
plaintiff's pleadings shall be deemed to be part of such
defendant's costs in the cause, except as to any amend-
ment which appears to have been rendered necessary
by the default of such defendant, but there shall be
deducted from such costs any sum Avhich has been paid
by the plaintiff according to the course of the Court at
the time of any amendment. .^

1308. Where upon taxation a plaintiff, Avho has Plaintiff

obtained a judgment with costs, is not allowed the ofC'^'"''*'
costs of any amendment of his pleadings, on the ground amendments.
of the same having been unnecessary, the defendant's
costs occasioned by such amendment shall be taxed, and
the amount thereof deducted from the costs to be paid
by the defendant to the plaintiff.

1309. The allowances in respect of fees to any con- Fees of

1 . , , 1 . accountants,
veyancing counsel, to any accountants, merchants, etc.
engineers, actuaries, and other scientific persons, to
654
A.D. 1 9 0 7 .
Ss. 1310-1313.
CIVIL PROCEDURE CODE.

whom any question is referred, shall be regulated by

the Registrar, subject to appeal to the Court or Judge,
Nvhose decision shall be final.
Power to 1310.—(1) If upon any taxation it appears that the
Registrar to
assess the costs have been increased by unnecessary delay, or by
coats at a
gross sum in improper, vexatious, or unnecessary proceedings, or by
case of delay
or Improper
other misconduct or negligence, or that from any other
conduct of cause the amount of the costs is excessive having regard
litigation or
If costs out of to the nature of the business transacted, or the money
proportion to or value of property to Avhich the costs relate, or other
fund or
estate. circumstances, the Registrar shall alloAv only such an
amount of costs as is reasonable and proper, and may
assess the same at a gross sum, and shall, if necessary,
apportion the amount among the parties.
(2) The provisions as to the revicAv of taxation shall
apply to allowances and certificates under this section.
Considera- 1311.—(1) As to all fees or allowances Avhich are
tions by
whlchN discretionary the same shall, unless otherwise provided,
Registrar's
discretion be allowed at the discretion of the Registrar, who, in
must be the exercise of such discretion, shall take into con-
Influenced.
sideration the other fees and allowances to the advo-
cate and solicitor, if any, in respect of the Avork to
which any such allowance applies, the nature and
importance of the cause or matter, the amount involved,
the interest of the parties, the fund or persons to bear
the costs, the general conduct and costs of the proceed-
ings, and all other circumstances.
(2) Where a, party is entitled to sign judgment for
his costs, the Registrar in taxing the costs may alloAv a
fixed sum for the costs of the judgment,
Cases not
provided for.
1 3 1 2 . In all cases for Avhich a fee or costs are not
provided in this Code, or Avhere from any exceptional
feature the fees or costs alloAved are not, in the judg-
ment of the Registrar, sufficient, he may allow such
fees or costs, or make such additions to the fees or costs
of the existing scale, as the Judge on a reference to him
directs,
Refreshers.
1313.—(1) Refresher fees may be allow^ed Avhen the
hearing occupies more than one day Avithout being con-
cluded.
 655
A.D. 1 9 0 7 .
Ss. 1814-1319.
CIVIL PROCEDURE CODE.

(2) The refresher fee may be allowed for every clear

day subsequent to the first day.
1314.—(1) Fees for more than one advocate for one Two counsel
party or set of defendants shall not be allowed unless ai^wduniess
the Court or Judge at the hearing or within seven da,ys certified for.
so certifies.
(2) Such fees may be alloAved notAvithstanding that
both of the advocates are members of the same firm of
advocates and solicitors.
1 3 1 5 . No retaining fee shall be alloAved between Retaining fees
not allowed
party and party. between party
and party.
1 3 1 6 . Where an advocate and solicitor, not being Where
the same person or of the same firm, is employed as another
advocate and
advocate in any cause or matter, such fees shall be solicitor
allowed for attendances, preparing briefs, and other employed to
conduct case
like matters as, having regard to the scale of costs set In Court.
out in schedule C and to the other circumstances, to the
Registrar seems proper.
1317.—(1) Such costs of procuring the advice of Fees to
*^ POllTlSftl TOT

counsel on the pleadings, evidence, and proceedings in settling

any cause or matter, as the Registrar in his discretion affidavits, etc.
thinks just and reasonable, and of procuring counsel to
settle such pleadings and special affidavits as the
Registrar in his discretion thinks proper to be settled
by counsel shall be allowed.
(2) As to affidavits a separate fee shall not be
allowed for each affidavit, but one fee for all the
affidavits proper to be so settled, Avhich are, or ought to
be, filed at the same time.
1 3 1 8 . As to counsel attending in Judge's Chambers, counseut
no costs thereof shall in any case be allowed, unless the ^^^'"^'''•'•
Judge certifies i't to be a proper case for counsel to
attend.
Taxation as betiveen Solicitor and Client.
1 3 1 9 . —(11 Where costs are directed to be taxed as Costs to be
allowed
betAveen solicitor and client, the Registrar shall, sub-
ject as hereinafter contained, be guided by the rules as
to taxation hereinbefore contained, but he shall allow
656
A.D. 1 9 0 7 .
Ss. 1320-1324.
CIVIL PROCEDURE CODE.

all such costs as a solicitor Avoiild reasonably incur in

the ordinary conduct of his client's case.
(2) In such a taxation sections 1320 to 1328 shall apply.
Costs as
between
1320. Upon any reference to a Registrar to tax a
solicitor and bill of costs of a solicitor, for the purpose of ascertain-
client on a ing the amount due to such solicitor in respect thereof
reference to
tax—allow- from the person to be charged thercAvith, if sucb bill
ance on
higher scale. includes charges for business done in any cause or
matter, theisRegistrar may alloAV the fees in the column
headed "higher scale" in schedule C in respect of such
cause or matter, or in respect of any particular applica-
tion made or business done therein, if, on special grounds
as are in section 1263 mentioned, he thinks that such
allowance ought to be so made.
Allowance of 1321. When an adovcate is retained in an action
retainer in
solicitor and Avho is not the solicitor of the party, or a member of the
client costs.
same firm, or otherAvise interested as a solicitor in the
action, a retaining fee according to circumstances may
be allowed on a solicitor and client taxation.
Certificate. 1322. When the taxation is finished the solicitor
shall cast up the deductions therefrom, Avhich Avith the
casting of the bill shall be checked by the Registrar, and
the Registrar shall proceed to make his certificate or
allocatur for the amount of such costs less the
deductions.
Certificate of 1323. Upon the taxation of the bill the certificate
Eegistrar to
be conclusive of the Registrar, unless set aside, shall be conclusive as
unless set
aside.
to the amount thereof, and, where the order contains a
submission to pay, the solicitor may after forty-eight
hours, if there is no application for review, issue
execution for the same.
Objections to 1324. Any party who is dissatisfied with the allow-
taxation. ance or disalloAvance by the Registrar in any bill of
costs taxed by him of the whole or any part of any items
may, at any time before the certificate or allocatur is
signed, or within two days after notice in writing of
the signing of such certificate or allocatur is given to
such party deliver to the other party interested therein
and carry in before the Registrar an objection in
Avriting to such alloAvance or disallowance, specifying
 657
A.D. 1 9 0 7 .
Ss. 1825-1828.
CIVIL PROCEDURE CODE.

therein by a list in a short and concise form the items

or parts thereof objected to, and the grounds and
reasons for such objections, and may thereupon apply
to the Registrar to review the taxation in respect of
the same.

1 3 2 5 . Upon such application the Registrar shall ^7atlra*by

consider and revicAv his taxation upon such objections. Registrar.
and he may, if he thinks fit, receiA^e further evidence in
respect thereof, and, if so required by either party, he
shall state, either in his certificates of taxation or
allocatur, or by reference to such objection, the grounds
and reasons of his decision thereon, and any special facts
or circumstances relating thereto.

1326.—(1) Any party who is dissatisfied with the Review of

certificate or allocatur of the Registrar, as to any item ^rtifi^Tteby
or part of an item Avhich has been objected to as JuiJge.
aforesaid, may, within fourteen days from the date of
the certificate or allocatur, or such other time as the
Court or a Judge or Registrar at the time he signs his
certificate or allocatur allows, apply to a Judge at
Chambers for an order to review the taxation as to the
same item or part of an item.
(2) The Judge may thereupon make such order as the
Judge thinks just; but the certificate or allocatur of
the Registrar shall be final and conclusive as to matters
which have not been objected to in manner aforesaid.

1 3 2 7 . Such application shall be heard and deter- Evidence on

mined by the Judge upon the evidence which has been "^e^ewai.
brought in before the Registrar, and no further evidence
shall be received upon the hearing thereof, unless the
Judge otherwise directs.

1328.—(1) Any irregularity in service of the notice irregularities

to tax, or delivery of a copy of the bill to the opposite n"otTc7no^ °
party, shall not be a ground for setting aside any judg- sX^^'g^/,"^^
ment entered up thereon but shall be a ground for an judgment.
application to review only.
(2) No objections or application to review shall be a
bar or stay to the entering of the judgment for the
amount of the certificate or allocatur.
Vol. II. 42
658
A.D. 1 9 0 7 .
Ss. 1329-1334.
CIVIL PROCEDURE CODE.

Chapter LIX.
COSTS IN DISTRICT COURTS.

Costs to be 1 3 2 9 . Subject to this Code the costs of and incident

in discretion
of Court.
to all actions and proceedings in a District Court shall
be in the discretion of the District Court.

No taxation. 1 3 3 0 . The costs of an action or proceedings in a

Scale of District Court shall not be taxed, but shall be in accord-
allowances.
ance with the scale and rules in schedule D.

Costs of 1 3 3 1 . The costs of an action transferred to a Dis-

tramferred ^rict Court uudcr soction 458 shall come within sec-
from. Supreme tiou 1330, uiilcss the Suprcmc Court, at the time of the
Court.
transfer, otherwise specially orders.

Chapter LX.
TIME.
Time for 1 3 3 2 . The day on which an order for security for
giving
security for costs is served, and the time thenceforward, until and
costs when
not to be
including the day on which such security is given, shall
reckoned. not be reckoned in the computation of time allowed to
plead, answer interrogatories, or take any other pro-
ceeding in the cause or matter.

Power of 1 3 3 3 . A Court or a Judge may enlarge or abridge

Court or
Judge to the time, appointed by this Code or fixed by any order
enlarge or
abridge time.
enlarging time, for doing any act or taking any pro-
ceeding, upon such terms, if any, as the justice of the
case requires, and any such enlargement may be ordered,
although the application for the same is not made until
after the expiration of the time appointed or allowed.
Enlargement
of time by 1 3 3 4 . The time for delivering, amending, or filing
consent any pleading, answer, or other document may l»
enlarged by consent in writing, without application to
the Court or a Judge. '
 659
A.D. 1 9 0 7 .
Ss. 1335-1340.
CIVIL PROCEDURE CODE.

1 8 3 5 . In any case in which any particular number ^™^^^^*

of days, not expressed to be clear days, is prescribed by computed.
this Code, the same shall be reckoned exclusively of the
first day and inclusively of the last day.

' 1336.—(1) In any cause or matter, in which there Length of

has been no proceeding for one year from the last pro- dS'efone
ceeding had, the party who desires to proceed shall give year.
a month's notice to the other party of his intention to
proceed.
(2) A summons on which no order has been made
shall not, but notice of trial although countermanded
shall, be deemed a proceeding within this section.

1 3 3 7 . An application to set aside an award may be ^™?^°y ,

, - I D j i i 1 P I 11 application to
made at any time betore the last day ot the monthly set aside "
sittings next after such award has been made and '^"^^''^•
published to the parties.
1 3 3 8 . Where the time for making an award is Enlarging
enlarged, the enlargement shall be deemed to be for one *™rd!"^
month, unless a different time is specified in the order.

Chapter LXI.

EFFECT OF NON-COMPLIANCE.

.. 1 3 3 9 . Non-compliance with any of the provisions of Non-com-

this Code, or with any rule of practice for the time piiaucenotto
being in force, shall not render any proceeding void, p^roceedings
unless the Court or a Judge so directs, but such pro- ™^'^'
ceedings may be set aside, either wholly or in part, as *
irregular, or amended, or otherwise dealt with, in such
manner and upon such terms as the Court or a Judge
thinks fit.

1 3 4 0 . No application to set aside any proceeding Application

for irregularity shall be allowed, unless made within to^set aside
reasonable time, nor if the party applying has taken larity when
any fresh step after knowledge of the irregularity. allowed.
Vol. n . 42A
660
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

Objections of 1 3 4 1 . Where an application is made to set aside

irregularity.
proceedings for irregularity, the several objections
intended to be insisted upon shall be stated in the
summons or notice of motion.

Costs. 1 3 4 2 . When a summons is taken out to set aside any

process or proceeding for irregularity, with costs, and
the summons is dismissed generally, without any special
direction as to costs, it shall be deemed to be dismissed
with costs.

Defect of 1 3 4 3 . No actiou taken under any writ of seizure

makeTcti^on ^^^l Sale, posscssiou, delivery or distress or under any
under writ or ordcr of attachment of property shall be deemed unlaw-
order
unlawful. ful, nor shall any person making the same be deemed a
trespasser, on account of any defect or want of form in
the writ or order or other proceeding relating thereto,
nor shall such party be deemed a trespasser ab initio on
account of any irregularity afterwards committed by
him, but all persons aggrieved by such irregularity may
recover full satisfaction for the special damage caused
thereby in any Court of competent jurisdiction.

SCHEDULE A.
FORMS.

N.B.—The figures in brackets under tlie titles of the forms

have no legislative effect.

No. 1.
GENEEAL HEADINGS.
(i) General Heading in an Action and Originating Summons
under Section 71.
In the Supreme Court of the Straits Settlements.
Settlement of
Suit
19 No. }
Between A. B., Plaintiff,
and
C. D. and E. F . , Defendants.
 661
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

(ii) Heading of Originating Summons under Section 68.

In the Supreme Court of the Straits Settlements. •
Settlement of
Suit I I n the matter of the estate of A. B.,
19 No. j deceased, or I n the matter of the Trusts of
the Settlement made on the marriage of F . G.
with G. H., dated, &c.
Between C D . Plaintiff,
and
E. F . Defendant.

(iii) Heading of Summons under Ordinance No. (Convey-

ancing and Law of Property).
I n the Supreme Court of the Straits Settlements.
Settlement of
Suit 1 I n the matter of the Contract dated the
19 No. ) day of 19 for sale of
the house and premises No. 51 Battery
Road Singapore, and made between A. B.
(vendor) and C. D. (purchaser).
And in the matter of Ordinance No.
(Conveyancing and Law of Property).

No. 2.
CHANGE OF SOLICITORS.
(Section 29.)
(General Heading.)
To the Registrar,
Enter my name as solicitor for
the above named (plaintiU or defendant) in this
Suit in place of Mr.
Dated the day of 19 .
Address for service E.F.

No. 3.
W R I T OF SUMMONS.

(Section 42.)
(General Heading.)
by the grace of God, of the United King-
GEORGE THE F I F T H ,
dom of Great Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender of the Faith,
Emperor of India.
To C. D., of , and E. F . , of
We command you, that within days after the
662
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

service of this writ on you, inclusive of the day of such service,

yo.u do cause an appearance to be entered for you in Our
• Supreme Court at , in a cause at the suit of
A.. B . ; and take notice, that in default of your so doing the
plaintiff may proceed therein to judgment and execution.
Witness the Honourable Chief Justice
of the Straits Settlements the day of 19 .
Memorandum to be subscribed on the writ.
N.B.—This writ is to be served within twelve months from
the date thereof, or, if renewed, within six months
from the date of such renewal, including the day of
' such date, and not afterwards.
The defendant (or defendants) may appear hereto by enter-
ing an appearance (or appearances) either person-
ally or by solicitor at the Registrar's office at
, Indorsement to be made on the writ before issue thereof.
The plaintiff's claim is for, &c.
This writ was issued by E. F . , of , solicitor
to the said plaintiff who resides at , or, this
writ was issued by the plaintiff in person, who resides at
(mention the address).
Indorsement to be made on the writ after service thereof.
This writ was served by X. T. on L. M. (the defendant or
one of the defendants), on (Monday,) the day of
, 19 .
(Signed) X. T.
Indorsed the day of 19
(Signed)
(Address)

No. 4.
SPECIALLY INDORSED W R I T .
(Section 54.)
(General Heading.)
GEORGE THE F I F T H , by the grace of God, &c.
To 0. D., of •
We command you, that within days after the
service of this writ on you, inclusive of the day of such service,
you do cause an appearance to be entered for you in Our
Supreme Court at , in a cause at the suit
of A. B.
Witness, &c.
Memorandum to be subscribed, Sfc.
Indorsement to be made on the writ before issue thereof.

Statement of Claim.
The plaintiff's claim is (as in Form 9).
And the sum of | (or such sum as shall be
allowed on taxation of costs). If the amount claimed is paid
 663
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

to the plaintiff or h solicitor within the time limited for

appearance further proceedings will be stayed.
Take notice that in default of your entering an appearance
hereto final judgment may be entered at once against you for
the above amount and costs.
This writ was issued, &c. (as in Form 3 to the end).

No. 5.
W R I T OF SUMMONS FOR SERVICE OUT OF THE JURISDICTION.
(Section 103.)
(General Heading.)
GEORGE THE F I F T H , by the grace of God, &c.
To C. D., of
We command you, C. D., that within (here insert the
number of days directed by the Court or other direction of the
Court) after the service of this writ on you, inclusive of the day
of such service, you do cause an appearance to be entered for you,
in Our Supreme Court in the above Settlement, in a cause at the
suit of A. B.; and take notice that, in default of your so doing,
the plaintiff may by leave of the Court proceed therein, and
judgment may be given in your absence.
Witness, &c.
Memorandum and Indorsements as in Forms No.s. 3, 8,
and 9.
N.B.—This writ is to be used where the defendant or all
the defendants or one or more defendant or defen-
dants is or are out of the jurisdiction.

No. 6.
NOTICE IN LIEU OF SERVICE.
(Section 108.)
(General Heading.)
To G. H., of
Take notice that A. B., of has commenced a suit
against you, G. H., in our Supreme Court in the above Settle-
ment, by writ of the Court, dated the day of
, 19 ; which writ is indorsed as follows
(copy in full the indorsements), and you are required within
days after the receipt of this notice to defend
the said suit by causing an appearance to be entered for you
in the said Court to the said suit; and in default of your so
doing, the said A. B. may proceed therein, and judgment may
be given in your absence.
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You may appear to the said writ by entering an appearance

personally or by your solicitor at the Registrar's office at
By order of the Court,
A. B.,
Registrar.
The day of 19 , .
N.B.—This notice is to be used where the person to be
served is not a British subject, and is not in British
dominions nor in any of the Federated Malay States,
nor in the State of Brunei.

No. 7.
ORIGINATING SUMMONS.
(Section 81.)
(General Heading.)
Let E. F . the (executor of the deceased above-named A. B.)
attend at Chambers at the Court House at at
o'clock of the noon upon the application of C. D.,
of who claims (to be a creditor [or as the case
may 6e] upon the estate of the said A. B.) for an order (for
the administration of the real and personal estate of the said
A. B.) \_or as the case may fee].
Dated this day of 19 .
This summons was taken out by of
solicitors for the above-named C. D.
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 indorsement hereon] such order will be made
and proceedings taken as the Judge may think just
and expedient.

No. 8.
(Section 42.)
Goods sold. (i) Money Claims when no. Special Endorsement.
The plaintiff's claim is for the price of goods
sold.
(This fonn shall suffice whether -the claim is in respect of
goods sold and delivered, or of goods bargained and
sold.)
Money leut. The plaintiff's claim is for money lent (and
interest).
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The plaintiff's claim is whereof is for ?®^^™l

the price of goods sold, and for money lent, and for
interest.
The plaintiff's claim is for arrears of rent. '^™'-
The plaintiff's claim is for a general average General
contribution. average.
The plaintiff's claim is for fees for work done Fees, etc.,
r ^ T i\ f •, solicitors.
(and money expended) as a solicitor.
The plaintiff's claim is for commission earned Commission,
as (state character as auctioneer, broker, &c.).
The plaintiff's claim is for medical attend- ^^f^^^^gg
ances. etc.
The plaintiff's claim is for the carriage of Carriage of
goods by railway. ^"° ^'
The plaintiff's claim is for the use and occu- "^^^ *°4
,. ^ „ , occupation of
pation 01 a house. house.
The plaintiff's claim is for money entrusted ^^^y^j^^'j^
to the defendant as agent of the plaintiff. agent.
The plaintiff's claim is for a return of money Money
obtained from the plaintiff by fraud. tlui!"^^^
The plaintiff's claim is for a return of money Money paid
paid to the defendant by mistake. by mistake.
The plaintiff's claim is for a return of rhoney Moneypaidfor
paid to the defendant for (work to be done, left undone; or, a' which has
bill to be taken up, not taken up or, &c.). failed.
The plaintiff's claim is for money paid for the ^/"^^^fy fo,
defendant as his surety. defendant.
The plaintiff's claim is upon a bill of exchange Money paid on
accepted (or indorsed) for the defendant's accommodation. tionMTl? *
The, plaintiff's claim is for a contribution in Contribution
respect of money paid by the plaintiff as surety. by surety.
The plaintiff's claim is upon a policy of insur- Life poUoy.
ance upon the life of X. Y., deceased.
The plaintiff's claim is upou a bond to secure Money bond,
payment of |1,000 and interest.
The plaintiff's claim is upon a cheque drawn Bills of
by the defendant. a«hange, etc.
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 for calls upon shares, caiis.
Indorsement for costs, ^c. (add to the above Forms).
And I for costs; and if the amount claimed be paid to
the plaintiff or his solicitor within the time limited for appear-
ance further proceedings will be stayed.
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(ii) Damages and other Claims.

Agent, etc. The plaintifi's claim is for damages for a breach of contract
to employ the plaintiff as traveller.
The -plaintiff's claim is for damages for wrongful dismissal
from the defendant's employment as traveller (and for
arrears of wages).
Assault, etc. The plaintiff's claim is for damages for assault (and false
imprisonment, and for malicious prosecution).
Solicitor. The plaintiff's claim is for damages for injury by the defen-
dant's negligence as solicitor of the plaintiff.
UaiUnent. The plaintiff's claim is for damages for negligence in the
custody of goods (and for wrongfully detaining the same).
Pledge. The plaintiff's claim is for damages for negligence in the
keeping of goods pawned (and for wrongfully detaining the
same).
Bond. The plaintiff's claim is upon a bond conditioned not to carry
on the trade of a watchmaker.
Carrier. The plaintiff's claim is for damages for breach of duty in
and about the carriage and delivery of coals by bullock cart.
Charter-party The plaintifi's claim is for damages for breach of charter-
party of steamship (Mary).
Claim for The plaintiff's claim is for return of household furniture, or,
return of goodi
damages. ' &c., or their value, and for damages for detaining the same.
Defamation. The plaintiff's claim is for damages for libel.
The plaintiff's claim is for damages for slander.
Ejectment. The plaintifi's claim is to recover possession of a house
No. in street, in the Settlement of
To establish The plaintiff's claim is to establish his title to (here describe
title and property) and to recover the rents thereof.
recover rents.
(The two previous Forms may be combined).
Fraud. The plaintiff's claim is for damages for fraudulent misrepre-
sentation on the sale of a horse (or a business, or shares, or,
&c.).
Guarantee. The plaintiff's claim is for damages for breach of a contract
of guarantee for A. B. P •
Fire insurance, The plaintiff's claim is for a loss under a policy of fire insur-
ance upon house and furniture.
Landlord and The plaintiff's claim ig for damages for breach of contract
tenant.
to keep a house in repair. .
Bledical man. The plaintiff's claim is for damages for injury to the plaintiff
from the defendant's negligence as a medical man.
Negligence. The plaintiff's claim is for damages for injury to the plaintiff
(or, if by husband and wife, to the plaintiff, C. D.) by the
negligent driving of the defendant or his servants.
Promise of
marriage.
The plaintiff's claim is for damages for breach of promise of
marriage.
Sale of goods. The plaintiff's claim is for damages for breach of contract to
accept and pay for goods.
The plaintiff's claim is for damages for non-delivery (or short
delivery, or defective quantity, or other breach of contract of
sale) of tin (or, 8fc.).
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The plaintiff's claim is for damages for breach of warranty

of a horse.
The plaintiff's claim is for damages for breach of a contract Sale of land.
to 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 covenant
for title (or for quiet enjoyment, or, ^c.) in a conveyance of
land.
The plaintiff's claim is for damages for wrongfully, entering Trespass to
the plaintiff's land and drawing water from his well (or cutting ^*"'*-
his grass, or pulling down his timber, or pulling down his
fences, or removing his gate, or using his road, path, or cross-
ing his field, or depositing sand there, or carrying away gravel
from thence, or carrying away stones from his river).
The plaintiff's claim is for damages for wrongfully taking Support,
away the support of plaintifi's land (or house, or mine).
The plaintiff's claim is for damages for wrongfully obstruct- "lay-
ing a way (public highway o.r a private way).
The plaintiff's claim is for damages for wrongfully diverting Watercourse,
(or obstructing, or polluting, or diverting water from) a water-
course.
The plaintiff's claim is for damages for the infringement of Patent. #
the plaintiff's patent.
The plaintiff's claim is for damages for the infringement of Copyright,
the plaintiff's copyright.
The plaintiff's claim is for damages for wrongfully using (or Trademark.
imitating) the plaintiff's trade mark.
The plaintiff's claim is for damages for breach of a contract Work,
to build a ship (or to repair a house, &c.).
The plaintiff's claim is for damages for breach of a contract
to employ the plaintiff to build a ship, &c.
The plaintiff's claim is for damages to his house, trees, Nuisance.
crops, &c., caused by noxious vapours from the defendant's
factory (or, &c.).
The plaintiff's claim is for damages from nuisance by noise
from the defendant's works (or stables, or, ^-c).
Add to Indorsement: —
And for a mandamus commanding the defendant to Mandamus.
Add to Indorsement: —
And for an injunction. injunction.
Add to Indorsement where claim is to lant^, or to establish
title OT both.
And for mesne profits. Mesne profitf,.
And for an account of rents or arrears o± rent. rg„t.
And for breach of covenant for (repairs). Breach of
covenant.
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(iii) Equitable Claims.

Creditor to administer Estate.
The plaintiff's claim is as a creditor of X. Y., of
deceased, to have estate of the said X. Y. administered.
The defendant C. D. is sued as the administrator of the
said X. Y.
By 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 estate 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 legatees).

By Partner.
The plaintiff's claim is to have an account taken of the
partnership dealings between the plaintiff and defendant (under
articles of partnership dated the day of ),
and to have the affairs of the partnership wound up.

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
(or by deposit of title deeds), and that the mortgage may be
enforced by foreclosure or sale.

By Mortgagor.
The plaintiff's claim is to have an account taken of what, if
anything, is due on a mortgage dated , and
made between (parties), and to redeem the property comprised
therein.
For Execution of Trusts.
The plaintiff's claim is to have the trusts of an indenture
dated and made between , carried
into execution.
For Cancellation or Rectification.
The plaintiff's claim is to have a deed dated , and
made between (parties), set aside or rectified.
For Specific Performance.
The plaintiff's claim is for specific performance of an agree-
ment dated the day of , for the sale by the
plaintiff to the defendant of certain (freehold) lands at
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No. 9.
SPECIAL INDORSEMENT OF CLAIM.
' (Section 54.)
1. The plaintifi's claim is for the price of goods sold.
Particulars: —
1906—31st December— $ c.
Balance of account for goods sold to this
date 350 10
1907—1st January to 31st March—
To goods supplied 740 05

1,090 15
1907—1st February—Paid 450 0

Balance due ... 640 15

2. 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 to A. B.
Particulars: —
1906—2nd February. Guarantee by C. D. of the price of
sarongs to be supplied to A. B.
I c.
2nd February—To goods 470 15
3rd March—To goods 1,050 14
17th March—To goods 140 12
5th April—To goods 340 0
2,000 41
3. The plaintiff's claim is against the defendant, as maker of
a promissory note.
Particulars: — '
Promissory note for $2,500, dated 1st January, 1907, made
by defendant in favour of plaintiff (or as the case may be) pay-
able four months after date and bearing interest thereon at
the rate of per cent, per annum after due date thereof
(or as the case may be).
f e.
Principal 2,500 0
Interest from to
4. The plaintiff's claim is against the defendant A. B., as
acceptor, and against the defendant C. D., as drawer, of a bill
of exchange.
Particulars: -—
Bill of exchange for |600, dated 1st January, 1907, drawn
by defendant C D . upon, and accepted by defendant A. B.,
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payable three months after date and bearing interest thereon

at the rate of per cent, per annum after due date thereof
(or as the case may be).
$ c.
Principal 600 0
Interest from to

No. 10.
(Section 45.)
INDORSEMENTS OF CHARACTER OF PARTIES.
Executors. The plaintiff's claim is as executor (or administrator) of
C. D., deceased, for, &c.
The plaintiff's claim is against the defendant A. B., as
executor (or &c.) of C. D., deceased, for, &c.
The plaintifi's claim is against the defendant A. B., as
executor for X. Y., deceased, and against the defendant C. D.,
in his personal capacity for, &c.
By husband The claim of the plaintiff C D . is as executrix of X. Y.,
and wife,
executrix. deceased, and the claim of the plaintiff A. B., as her husband,
for, &c.
Against The claim of the plaintiff is against the defendant C D., as
husband and executrix of the defendant, C D., deceased, and against the
wife,
executrix. defendant A. B., as her husband, for, &c.
Trustees. The plaintiff's claim is as (or the plaintifi's claim is against
the defendant as) trustee under the will of A. B. (or under the
settlement upon the marriage of A. B. and X. T., his wife)
for, &c.

No. 11.
AFFIDAVIT FOR ENTRY OF APPEARANCE AS GUARDIAN.
(Section 138.)
(General Heading.)
I, of , make oath and say as follows: —
A. B., of , is a fit and proper person to act as guardian
ad litem of the above-named infant defendant, and has no
interest in the matters in question in this action (matter)
adverse to that of the said infant, and the consent of the said
A. B., to act as such guardian is hereto annexed.
Sworn, &c.
No. 12.
MEMORANDUM ON NOTICE OF JUDGMENT.
(Section 154.)
(General Heading.)
Take notice that from the time of the service of this notice
you (or as the case may be, the infant or person of unsound
mind) will be bound by the proceedings in the above cause in
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the same manner as if you (or the said infant or person of

unsound mind) had been originally made a party and that you
(or the said infant or person of unsound mind) may, on enter-
ing an appearance attend the proceedings under the within-
mentioned judgment (or order) and that you (or the said infant
or person of unsound mind) may within one month after the
service of this notice apply to the Court to add to the judgment
(or order).
No. 13.
NOTICE BY DEFENDANT TO THIRD PARTY.
(Section 158.)
(General Headina.)
To X. Y._ .
Take notice that this suit has been brought by the plaintiff
against the defendant (as surety for M. N., upon a bond con-
ditioned for payment of $2,000 and interest to the plaintifi).
The defendant claims to be entitled to contribution from you
to the extent of one-half of any sum which the plaintiff may
recover against him, on the ground that you are (his co-surety
under the said bond, or, also surety for the said M. N., in
respect of the said matter, under another bond made by you in
favour of the said plaintiff, dated the day of
19 .).
Or (as acceptor of a bill of exchange for $600, dated the
day of 19 . , drawn by you
before and accepted by the defendant, and payable three months
after date.
The defendant claims to be indemnified by you against
liability under the said bill, on the ground that it was accepted
for your accommodation).
Or (to recover damages for a breach of a contract for the sale
and delivery to the plaintiff of 1,000 tons of coal.
The defendant claims to be indemnified by you against
liability in respect of the said contract, or any breach thereof,
on the ground that it was made by him on your behalf and as
your agent).
And take notice that, if you wish to dispute the plaintiff's
claim in this suit as against the defendant C D., you must
cause an appearance to be entered for you within
days after service of this notice.
In default of your so appearing, you will not be entitled in
any future proceeding between the defendant C D. and your-
self to dispute the validity of the judgment in this suit, whether
obtained by consent or otherwise.
(Signed) E. T.
Or
SoHcitor for the defendant,
E. T.
Appearance to be entered at • • ;
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No. 14.
E N T R Y OF A P P E A R A N C E .
(Section 159.)
(General Heading.)
E n t e r an appearance for t o t h e notice issued in this
action on t h e day of , 19 , by the
defendant u n d e r Section 159 of t h e Civil Procedure Code 1907.
Dated the d a y of , 19 .
(Signed) , of

No. 15.
E N T R Y OF A P P E A R A N C E .
(Section 170.)
(General Heading.)
E n t e r an appearance for , who has been served with
an order dated t h e day of t o carry on and
prosecute the proceedings i n this action.
Dated the day of , 19 .
(Signed) , of

* N o . 17.
N O T I C E OF E N T R Y OF APPEARANCE.
(Section 178.)
(General Heading.)
Take notice t h a t I h a v e this day entered an appearance in
t h e R e g i s t r y of t h e S u p r e m e Court at for the
defendant to t h e writ of s u m m o n s in this action.
(If statement of claim is required add) T h e said defendant
requires delivery of a statement of claim.
D a t e d this day of 19 .
(Signed) •
To
Solicitor for the defendant.

No. 18.
MEMORANDUM OF A P P E A R A N C E .
(Section 180.)
(General Heading.)
To t h e R e g i s t r a r .
E n t e r appearance for C D . in this suit.
(Where defence is limited to. part of property claimed under
Section 190 add) T h e defendant C D . , limits his defence- to

* There is no Form numbered 16.

 673
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part only of the property mentioned in the writ in this suit,
that is to say to (here describe).
Dated this day of 19 .
X. Y.,
Solicitor for the defendant.
The place of business of X. Y. is
His address for service is
(or C D . , )
Defendant in person.
The address of C D. is
His address for service is
The said defendant (requires, or does not require) a state-
ment of claim to be filed and delivered.
••

No. 19.
FORMS OF PLEADINGS.

(Section 238.)
(i) Example of a Statement of Claim, Defence, and
Reply.
I n the Supreme Court of the Straits Settlements.
Settlement of
Writ issued the of 19 .
Suit i Between A. B., Plaintiff,
19 No. j" and
C D., Defendant.

Statement of Claim.
The plaintiff's claim is for work done and materials provided
by the plaintiff for the defendant at his request.
Particulars : —
1907.—January 1 to 31 May.—To rebuilding house at
Singapore, as per contract dated the 24th December,
1906 $10,000
To extras as per account delivered 2,000

12,000
Paid on account ... ... 8,500

Balance due $3,500

The plaintiff also seeks to recover interest on the above

balance from the 31st May, 1907, till payment or judgment.
(Signed)
Delivered the 1st January, 19
Vol. II. 43
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(General Heading.)
Defence and Counter-claim.
Defence.
The defendant says that—
1. Except as to $1,500, parcel of the money claimed, the
architect did not grant his certificate pursuant to the contract.
2. As to $1,500, parcel of the money claimed, the defendant
brings (or has brought) into Court $1,500, and says that sum
is enough to satisfy the plaintiff's claim herein pleaded to.
Counter-claim.
The defendant says that—
1. The contract contained a clause whereby it was provided
that the plaintiff should complete the works by the 31st of
March, 1907, or in default pay to the defendant $10 a day for
every subsequent day during which the works should remain
unfinished, and they so remained unfinished for sixty-one days
to the 31st of May.'
The defendant counter-claims $610.
(Signed)
Delivered the 22nd of January, 19 .
(General Heading.)
Reply.
The plaintiff says that—
1. As to the first paragraph of the defence, he joins issue.
2. As to the second paragraph thereof, the plaintiff accepts
the |1,500, in satisfaction.
The plaintiff as to the counter-claim says that—
3. The liquidated damages were waived by ordering extras
and material alterations in the works.
4. The defendant waived the liquidated damages by prevent-
ing the plaintiff from having access to the premises till a week
after the agreed time.
(Signed)
Delivered the 5th of February, 19 .
(ii) Statements of Claim.
Bnyeragainst 1- The plaintiff has suffered damage by breach of contract
for no? ^"""^^ for sale and delivery by the defendant to the plaintiff of 600
delivering. piculs 6i black pepper at $16 a picul to be delivered at tlie
plaintiff's godown on the 15th of March, 1907.
2. The defendant did uot deliver any (or piculs,
as the case may be) of the said pepper.
Particulars of damage : —
Loss of profit at $1 per ton on 600 piculs $600.
The plaintiff claims $600.
(Signed)
Delivered.
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The plaintiff has suffered damage from personal injuries to Negligent

the plaintiff and damages to his horse and carriage, caused by '^"'''°s-
the defendant or his servant on the 15th of January, 1907,
negligently driving a Motor Car in Battery Road, Singapore.
Particulars of expenses, &c. :— ' $ c.
Charges of Mr. Smith, Surgeon 200 00
Charges of Mr. Jones, Coachmaker ... 225 00
Charges of Mr. Brown, Veterinary Surgeon 125 00

$550 00
The plaintiff claims $1,000.
(Signed)
Delivered
1. The plaintiff is mortgagor of lands, of which the defendant Redemption,
is mortgagee.
2. The following are the particulars of the mortgage: —
(a) (Date).
(b) (Sum secured).
(c) (Rate of interest).
(d) (Property subject to mortgage).
(If the plaintiff's title is derivative, state shortly the deeds
under which he claims).
(If the defendant is mortgagee in possession add:)
3. The defendant has taken possession (or has received the
rents) of the mortgaged property.
The plaintiff claims to redeem the said premises, and to have
the same reconveyed to him (and to have possession thereof).
(Signed)
Delivered

(iii) Statements of Defence.

In actions on
1. The principal satisfied the claim by payment before ^aTantee,"
action. whether under
2. The defendant was released by the plaintiff giving time to ^here'the*'
the principal debtor, in pursuance of a binding agreement. claim against
the principal
(Signed) is in respect
^ "^ T-, 1 • T o f " debt or
Delivered liquidated
demand only.
1. The defendant did the acts complained of m necessary TO actions for
self-defence. personal bodily
2. There was contributory negligence on the part of the cairSgU"
plaintiff (or, the plaintifi's servant). goods, or
^ CV ««, / j ^ \ animals by
(Signed) trespasser
Delivered negligence.
1. The plaintifi's right to redeem is barred by Ordinance
No. 56 (Limitation).
2. The plaintiff assigned all interest in the property to A. B. J^^^^*!"?,*'"
Vol. I I . 43A
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3. The defendant by deed, dated the "day of

assigned all his interest in the mortgage debt and property com-
prised in the mortgage to A. B.
4. The defendant never took possession of the mortgaged
property, or received the rents thereof.
[7/ the defendant admits possession for a time only,.he should
state the time, and deny possession beyond lohat he
admits.'\
(Signed)
Delivered

(iv) Defence, Including an Objection in Point of Law.

To action on a The defendant says that—
guarantee for \ qijj^g goods Were not Supplied to E. F . on the guarantee,
goods. 2. The defendant will object that the guarantee discloses a
past consideration on the face of it.
(Signed)
Delivered
To action for The defendant says that—
verbal slander „ ^ T i i i.
actionable only 1. The defendant did not speak or publish the words.
BpeciTr""^ 2. The words did not refer to the plaintiff.
3. The defendant will object that the special damage stated
is not sufficient in point of law to sustain the action.
(Signed)
Delivered

No. 20.
NOTICE UNDER SECTION 275.
(General Heading.)
To the within-named X. Y.
Take notice that if you do not appear to the within counter-
claim of the within-named C D. within days from the
service of this defence and counter-claim upon you, you will
be liable to have judgment given against you in your absence.

No. 21.
ENTRY OF APPEARANCE TO COUNTER-CLAIM.
(Section 276.)
(General Heading.)
Enter an appearance for to the counter-claim of
the above-named defendant in this action.
Dated the day of ,19
(Signed) , of
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No. 22.
NOTICE OF PAYMENT INTO COURT.

(Section 286.)
(General Heading.)
Take notice that the defendant has paid into Court $ ,
and says that that sum is enough to satisfy the plaintiff's claim
(or the plaintiff's claim for, &c.).
.To Mr. X. Y.,
Solicitor for plaintiff.
2-.
Solicitor for defendant.

No. 23.
ACCEPTANCE OF SUM PAID INTO COURT.

(Section 289.)
(General Heading.)
Take notice that the plaintifi accepts the sum of $
paid by you into Court in satisfaction of the claim in respect
of which it is paid in.

No. 24.
CONFESSION OF DEFENCE.

(Section 298.)
(General Heading.)
The plaintiff confesses the defence stated in the
paragraph of the defendant's statement of defence (or, of the
defendant's further statement of defence).

No. 25.
NOTICE OF DISCONTINUANCE.

(Section 331.)
(General Heading.)
Take notice, that the plaintifi hereby*
t
Dated the day of 19 .
(Signed)
* " Wholly discontinues this action," or " withdraws so
much of his claim in this action as relates t o , " &c.
t / / not against all the defendants add, " a s against the
defendant
678
A.D. 1 9 0 7 .
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C I V I L P R O C E D U R E CODE.

No. 26.
INTERROGATORIES .
(Section 336.)
(General Heading.)
Interrogatories on behalf of t h e above-named (plaintiff, or
defendant, C D.) for t h e e x a m i n a t i o n of t h e above-named
(defendants E . F . and G. H . , or plaintiff).
1. Did not, &c.
2. H a s not, &c.
&c. &c. &c.
(The defendant E . F . is required to answer the interro-
gatories numbered ).
(The defendant G. H . is required to answer the interro-
gatories numbered ).

No. 27.
A N S W E R TO INTERROGATORIES.
(Section 340.)
(General Heading.)
T h e answer of t h e above-named defendant E. F . to the inter-
rogatories for his e x a m i n a t i o n by the above-named plaintiff.
I n answer to t h e said interrogatories, I , the above-named
E . F . make oath and say as follows: —

No. 28.
A F F I D A V I T AS TO D O C U M E N T S .
(Section 344.)
(General Heading.)
I , t h e above-named defendant C D . , make oath and say as
follows: —
1. I h a v e in my possession or power the documents relating
to t h e matters in question iu this suit set forth iu the first and
second p a r t s of t h e first schedule hereto.
2. I object to produce the said documents set forth iu the
second p a r t of t h e said first schedule hereto.
3. T h a t (here state upon what grounds the objection is
made, and verify the facts as far as m,ay be).
4. I have h a d , but have not now, in my possession or power
t h e documents r e l a t i n g to t h e m a t t e r s in question in this suit
set forth in t h e second schedule hereto.
5. The last-mentioned documents were last in my possession
or power on (state when).
6. T h a t (here state what has become of the last-mentioned
documents, and in whose possession they now are).
 679
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

7. According to the best of my knowledge, information, and

belief, I have not now, and never had in my possession, cus-
tody, or power, or in the possession, custody, or power of my
solicitors or agents, solicitor or agent, or in the possession,
custody, or power of any other persons or person on my behalf
any deed, account, book of account, voucher, receipt, letter,
memorandum, paper, or writing, or any copy of or extract from
any such document, or any other document whatsoever, relat-
ing to the matters in question in this suit, or any of them, or
wherein any entry has been made relative to such matters, or
any of them, other than and except the documents set .forth in
the said first and second schedules hereto.

No. 29.
NOTICE TO PRODUCE DOCUMENTS FOR INSPECTION.
(Section 347.)
(General Heading.)
Take notice that the (plaintiff or defendant) requires you to
produce for his inspection the following documents referred to
in your (statement of claim, or defence, or affidavit, dated the
day of 19 ).
Describe documents required.
X. Y.,
Solicitor to the
To Z.,
Solicitor for

No. 30.
NOTICE TO INSPECT DOCUMENTS.
(Section 348.)
(General Heading.)
Take notice that you can inspect the documents mentioned
in your notice of the day of 19 (except
the deeds numbered in that notice) at my office on
Thursday next the instant, between the hours of 12
and 4 o'clock.
Or, that the (plaintifi or defendant) objects to giving you
inspection of the documents mentioned in your notice of the
day of 19 , on the ground that
(state the ground): —
No. 31.
NOTICE TO ADMIT DOCUMENTS.
(Section 360.)
(General Heading.)
Take notice that the plaintiff (or defendant) in this suit pro-
poses to adduce in evidence the several documents hereunder
680
A.D. 1 9 0 7 .
Schedules. . ' •
CIVIL PROCEDURE CODE.

specified, and that the same may be inspected by the defendant

(or plaintiff), his solicitor or agent, at on ,
between the hours of ; and the defendant (or
plaintiff) is hereby required, within forty-eight hours from the
last-mentioned hour, to admit that such of the said documents
as are specified to be originals were respectively written, signed,
or executed, as they purport respectively to have been; that
such as are specified as copies are true copies; and such docu-
ments as are stated to have been served, sent, or delivered,
were so served, sent, or delivered respectively; saving all just
exceptions to the admissibility of all such documents as
evidence in this suit.
Dated, &c.
To E. F.,
Solicitor for defendant (or plaintifi).
G. H.,
Solicitor for plaintiff (or defendant).
(Here describe the documents in a Schedule.).

No. 32.
NOTICE TO ADMIT FACTS.

(Section 362.)
(General Heading.)
Take notice that the plaintiff (or defendant) in this cause
requires the defendant (or plaintiff) to admit, for the purposes
of this cause only, the several facts respectively hereunder
specified; and the defendant (or plaintiff) is hereby required,
within six days from the service of this notice, to admit the
said several facts, saving all just exceptions to the admissibility
of such facts as evidence in this cause.
Dated, &c.
G. D.,
Solicitor for the plaintiff [or defendant].
To E. F . ,
Solicitor for the defendant [or plaintiff].
The facts, the admission of which is required, are—
1. That John Smith died on the 1st of January, 1890.
2. That he died intestate.
3. That James Smith was his only lawful son.
4. That Julius Smith died on the 1st of April, 1896.
5. That Julius Smith never was married.
 681
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

No. 33.
ADMISSION OF FACTS, PURSUANT TO NOTICE.
(Section 362.)
(General Heading.)
The defendant (or plaintiff) in this cause, for the purposes
of this cause only, herebjr admits the several facts respectively
hereunder specified, subject to the qualifications or limitations,
if any, hereunder specified, saving all just exceptions to the
admissibility of any such facts, or any of them, as evidence in
this cause.
Provided that this admission is made for the purposes of this
action only, and is not an admission, to be used against the
defendant (or plaintiff) on any other occasion, or by anyone
other than the plaintiff (or defendant, or party requiring the
admission).
Delivered, &c.
E. F . ,
Solicitor for the defendant (or plaintiff).
To G. H.,
Solicitor for the plaintiff (or defendant).

Qualifications or Limitations, if any,

Facts admitted. subject to which they are admitted.

1. That John Smith died on the 1st of

January, 1870.
2. That he died Intestate. 2. —
3. That James Smith was his lawful son. 3, But not that he was his only lawful son.
4. That Julius Smith died. i. But not that he died on the 1 st of April,
1876.
6. That Julius Smith never was married. 5. —

No. 34.
NOTICE TO PRODUCE (GENERAL FORM).
(Section 365.)
(General Heading.)
Take notice, that you are hereby required to produce and
show to the Court on the trial of this all books, papers,
letters, copies of letters, and otlier writings and documents in
your custody, possession, or power, containing any entry,
memorandum, or minute relating to the matters in question in
this , and particularly
Dated the day of , 19 .
To the above-named (Signed) , of
Solicitor
h Solicitor for the above-named
682
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

No. 35.
SETTING D O W N SPECIAL CASE.

• (Section 377.)
(General Heading.)
To the R e g i s t r a r ,
E n t e r for a r g u m e n t t h e special case filed in this suit on the
day of , 19 .
X. Y.,
Solicitor for

No. 36.
ISSUE.

(Section 380.)
(General Heading.)
W h e r e a s A. B. affirms, and C D . denies (here state the
question or questions of fact to be tried), and it has been
ordered by the Court t h a t the said question shall be tried before
the S u p r e m e Tlourt, therefore let t h e same be tried accordingly.

No. 37.
MOTION PAPER.

(Section 386.)
(General Heading )
Mr. of Counsel for t h e above-named plaintiff
(or defendant) moves for an order t h a t (terms of order sought).
X. Y.,
Solicitor for

No. 38.
N O T I C E OF M O T I O N .

(Section 386.)
(General Heading.)
Take notice, t h a t the Court will be moved on day,
the day of 19 , at o'clock in
the forenoon, or so soon thereafter as counsel can be heard
by that ,
Dated t h e day of , 19 .
(Signed) of
To Solicitor for
 683
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

No. 39.
GENERAL PETITION.
(Section 393.)
In the Supreme Court oi the Straits Settlements.
Settlement of
Suit I Between A. B. Plaintiff,
> and
19 . No. j CD. Defendant.
or
In the matter of Chapter X L V I I I of the
Civil Procedure Code and of the Will of
E. F. deceased (or as the case may be).
To
The Hon'ble
Chief Justice
The humble petition of the above-named plaintiff A. B. (or
defendant C D. or of G. H. of ).
Sheweth,
That your Petition, &c. (set forth
the grounds of the application).
Your Petitioner therefore humbly
prays, &c. (Here set out terms of
order pi'ayed far).
And your Petitioner will ever
pray, &c.
(Signed)
Solicitor for said Petitioner.
Address for service
Note. I t is intended to 1
serve this Petition upon V
L. M. & N. 0 . )

Answer to be written on the face of Petition by the Registrar.

Let this Petition stand for hearing on Thursday the
day of 19 .
By order.
Registrar.
Notice to be indorsed on copies of petition when petition
is directed to be served on other persons.
To P . Q.
Take notice that this petition is served upon you by direction
of the Supreme Court, given on the day of 19 ,
and that the hearing of such petition stands adjourned to the
day of 19 , when you are at liberty to appear
thereon; but, if you do not appear thereon, the Court will pro-
ceed to make such order as it may see fit in your absence.
Dated
Solicitor for the Petitioner.
684
A.D. 1 9 0 7 .
-Schedules.
C I V I L P R O C E D U R E CODE.

No. 40.
SUMMONS I N CHAMBERS.
(Section 400.)
(General Heading.)
L e t all parties concerned a p p e a r before t h e Court in Chambers
on the day of at o'clock in
t h e forenoon, on t h e h e a r i n g of an application on the part of
the (plaintiff' or defendant or of of ) that
(here state object of application).
D a t e d this day of
By order,
Registrar.
This summons is taken out by C D . , Solicitor for the above-
named (plaintiff or defendant).
To the above-named defendant or plaintiff.

No. 4 1 .
N O T I C E OF T R I A L .
(Section 425.)
(General Heading.)
Take notice of t r i a l of this (or of the issues in this
ordered tO' be tried) (or as the case may be) in
(or as the case inay be), for the day of next.

Solicitor for plaintiff (or as the case may be).

Dated
To Z.,
Solicitor for defendant (or as the case may be).

No. 42.
ORDER UNDER T H E F O R E I G N T R I B U N A L S EVIDENCE ACT, 1856.
(Section 491.)
I n t h e S u p r e m e Court of the Straits Settlements.
Settlement of
I n t h e m a t t e r of the Foreign
T r i b u n a l s Evidence Act, 1856 (19
and 20 Vict. c. 113).
A n d in the matter of a (civil or
commercial) proceeding now pend-
i n g before (description of foreign
tribunal) intituled as follows: —
Between A . B . , Plaintifi,
and
C D., Defendant.
U p o n reading the affidavit (if any) of E . F . , filed the
day of 19 , and t h e certificate of (name anS descrip-
tion of the Ambassador, Minister, Diplomatic Agent, or Consul
 685
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

of the foreign country) 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).
I t is ordered that the said witness do attend before
the Registrar at his chambers on the day of
19 , at o'clock, or such other day and time as the
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 be produced).
And it is further ordered that the Registrar do take down in
writing the evidence of the said witness, or witnesses, accord-
ing to the practice of the Supreme Court of the Straits Settle-
ments pertaining to the examination and cross-examination of
witnesses (or as may be otherwise directed); and do cause each
and every such witness tO' sign his or her depositions in his, the
Registrar's presence; and do sign the depositions taken in pur-
suance of this order, and when so completed, do transmit the
same, together with this order, to the Colonial Secretary, for
transmission to the President of the said Tribunal desiring the
evidence of such witness or witnesses.
Dated this day of , 19 .

No. 43.
CERTIFICATE UNDER THE FOREIGN TRIBUNALS EVIDENCE
ACT, 1856.
(Section 491.)
I, Registrar of the Supreme Court of the Straits
Settlements, hereby certify that the documents annexed hereto
are (1) the original order of the Supreme Court of the Straits
Settlements 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 examina-
tion 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 .
Registrar.
No. 44.
P R E C I P E FOR SuBPOiNA.
(Section 492.)
(General Heading.)
Seal writ of subpoena , on behalf of the directed
to . Returnable
Dated, &c.
686
A.D. 1 9 0 7 .
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C I V I L P R O C E D U R E CODE.

No. 4 5 .
SUBPOSNA AD T E S T I F I C A N D U M (GENBR.AL FORM).
(Section 492.)
(General Heading.)
GEORGE T H E F I F T H , by t h e gTace of God, &c.
To (the navies of three ivitnesses may be inserted) g r e e t i n g :
W e command you t o attend before at on
day t h e d a y of , 1 9 , a t t h e hour of
in t h e noon, a n d so from d a y t o d a y until t h e above
cause is tried, to give evidence on behalf of t h e plaintifi (or
defendant).
W i t n e s s , &c.

No. 46.
SUBPCENA D U C E S TECUM (GENERAL FORM.)
(Section 492.)
(Heading as in Form 1.)
G E O R G E T H E F I F T H , by t h e gi-ace of God, &c.
To (the names of three witnesses may be inserted) g r e e t i n g :
W e command you to attend before at on
day t h e d a y of , 1 9 , at t h e hour of
in t h e noon, a n d so from day to day until t h e above
cause is tried, t o give evidence on behalf of t h e , and
also t o b r i n g with you and produce at t h e time and place afore-
said (specify do.cwments to be produced).
W i t n e s s , &c.

No. 4 7 .
F O R M o r W A R R A N T TO BRING U P P R I S O N E R AS A W I T N E S S .
(Section 504.)
(General Heading.)
G E O R G E T H E F I F T H , b y t h e g r a c e of God, &c.
To t h e Officer i n charge of t h e (name of prison).
You a r e hereby required t o have t h e body of now
a prisoner i n t h e (name of prison) u n d e r safe a n d sure conduct
before t h e S u p r e m e Court on t h e d a y of next
by of t h e clock i n t h e forenoon of t h e same day there
to give testimony on behalf of . A n d after the
said shall t h e n a n d t h e r e have given h i s testimony
before t h e said Court or t h e said Court shall have dispensed
with his further attendance cause h i m to b e conveyed under
safe a n d sure conduct back t o t h e said (name of prison).
Dated this d a y of , 19 .
Registrar.
 687
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

No. 48.
FORMS OF JURAT.
(Section 522.)
(i) To an affidavit by one deponent.
Sworn at this day of
Before me,
(Name and designation of Officer administering oath.)
(ii) To an affidavit by tM'o or more deponents.
Sworn by the deponents , , and , (or
" by both (or all) of the above-named deponents ") at this
day of
Before me,
(Name and designation of Officer administering oath.)
(iii) To an affidavit by a marksman.
Sworn at this day of , I having first
truly distinctly and audibly read over the contents of the above
affidavit (add if exhibits are referred to in the affidavit, " and
explained the nature and effect of the exhibits therein referred
to " ) to the said deponent who seemed perfectly to underfstand
the same, and who made his mark thereto in my presence.
Before me,
(Name and designation of Officer administering oath.)
(iv) To an affidavit by a person who does not understand
English through an Interpreter.
Sworn at this day of through the
interpretation of a sworn Interpreter of the
Court (if the Interpreter is not a sworn Interpreter of the Court
substitute for the words " a sworn Interpreter of the Court "
the words following " t h e said having been first
sworn that he had truly distinctly and audibly translated the
contents of this affidavit to the deponent and that he
would truly and faithfully interpret the oath about to be
administered unto him the said ")
Before me,
(Nam,e and designation of Officer administering oath.)
(v) To an affidavit by a marksman who does not understand
English through a sworn Interpreter of the Court.
Sworn at this day of through the inter- ;
pretation of a sworn Interpreter of the Court the said
having first truly distinctly and audibly read over
the contents of the above affidavit (add if exhibits are referred
to in the affidavit " and explained the nature and effect of the
exhibits therein referred t o " ) to the said deponent who seemed
perfectly to understand the same, and who made his mark
thereto in my presence.
Before me,
(Name and designation of Officer administering oath.)
688
AD; 1907.
Schedules.
CIVIL PROCEDURE CODE.

No. 49.
NOTICE OF CROSS-EXAMINATION OF DEPONENTS AT TRIAL.
(Section 537.)
(General Heading.)
Take notice, that the intend at the trial of this action
to cross-exaraine the several deponents named and described in
the schedule hereto on their affidavits therein specified.
And also take notice that you are hereby required to produce
the said deponents for such cross-examination before the Court
aforesaid.
Dated the day of 19
(Signed)
The Schedule above referred to.

Name of Deponent. Address and Description. Date when AiEdavIt Filed.

No. 50.
JUDGMENT ON SUMMONS FOR JUDGMENT AFTER APPEARANCE.
(Section 208.)
(General Heading.)
SOth June, 1908.
The defendant (or the defendant C D.) having failed to
satisfy the Court that he has a good defence to the above suit
on the merits, it is this day adjudged that the plaintiff recover
against the said defendant (or the said C D.) $ and costs
to be taxed.
Costs taxed the 3rd July, 1908, at $

No. 51.
FINAL JUDGMENT ON DEFAULT OF APPEARANCE OR
PLEADING.
(Sections 195 & 313.)
(General Heading.)
dOth June, 1908.
The defendant (or the defendant C. D.) not having appeared
to the writ of summons herein (or not having delivered any
statement of defence) final judgment is hereby entered for the
plaintiff against the said defendant (or the said C D.) or
and costs to be taxed.
Costs taxed the 3rd July, 1908, at $
 68r
A.D.:i907.
Schedules.
CIVIL PROCEDURE CODE.

No. 52.
J U D G M E N T IN D E F A U L T OF AprEAHANCE IN SUIT FOR R E C O V E R Y
OF LAND.
(Sections 200 & 318.)
(General Heading.)
30f/i June, 1908.
No appearance having been entered to the writ of summons
(or no defence having been delivered) herein, final judgment is
hereby entered that the plaintiff recover possession of the land
in the said writ mentioned, and costs to be taxed.
Costs taxed the 3rd July, 1908, at $

No. 53.
JUDGMENT INTERLOCUTORY .\ND OF ASSESSMENT OF
D.\M.4GES.
(Sections 197 & 315.)
(General Heading.)
30f/r, Ju7ie, 1908.
The defendant not liaving appeared to the writ of summons
herein (or not liaving delivered a statement of defence) judg-
ment is entered for the plaintiff against the defendant.
10th July, 1908.
The suit having on the day of 19 , been heard
on Assessment of Damages and $ having been awarded
to tlie plaintiff for damages it is adjudged that the plaintiff
recover against the defendant $ and his costs of suit.

No. 54.
JUDGMENT ON MOTION FOR JUDGMENT.
(Section 548.)
(General Heading.)
SOth June, 1908.
This day before Mr. X of counsel for the plaintiff
(or as the case may be), moved on behalf of the said
(state judgment moved for), and the said Mr. X. having been
heard of counsel for and Mr. Y. of counsel for ,
the Court adjudged

No. 55.
JUDGMENT AT TRI.^L.
(Section 456.)
(General Heading.)
30th June, 1908.
This suit coming on for trial (the day of aad)
this day, before , in the presence of counsel for tlie
Vol. I I . ' 44
690
AD. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

plaintiff and the defendants (or if some of the defendants do

not appear, for the plaintiff and the defendant C D., no one
appearing for the defendants E. F . aud G. H.) upon hearing
the evidence, and what was alleged by counsel on both sides
the Court doth adjudge that the plaintiff recover against the
defendant $ (or that the defendant do recover against the
plaintiff or against $ ) and his costs of suit, or
doth adjudge that the plaintiff recover nothing
against the defendant and that the defendant recover against
the plaintiff his costs of defence, or dotli
declare, &c., and the Court doth order and adjudge, &c.
Costs taxed the 3rd August, 1908, at $

No. 56.
W R I T OF SEIZURE AND SALE.
(Sections 583 & 617.)
(General Heading.)
GEORGE THE F I F T H , by the grace of God, &c.
To the Sheriff of greeting:
We command you that you cause to be levied aud made out
of the property liable to be seized under a writ of seizure^ and
sale belonging to C D. now or late of by seizure
and if it be necessary by sale thereof | which A. B.
lately in our Supreme Court at recovered against the
• said C D. by a judgment (or order as the ease may be) bearing
date the day of . And in what naanner you
shall have executed this Our writ make appear to Us in Our said
Court immediately after the execution thereof. And have
there, then this writ.
Witness, &c.

No. 57.
AUTHORITY TO MAKE FORCIBLE ENTRY IN EXECUTION OF W R I T
OF SEIZURE AND SALE.
(Section 605.)
(General Heading.)
To the Sheriff of greeting:
Whereas the above-named A. B. did on the 20 h day of June
S n r 7 h e i u m ^ T $ ^^^^^^^ I n d t w ^ r b f w ' r i t ^ o f Z ^
n r s d f d a l V r e 25tl day of June, 1906, in the above-men-
tioned action the Sheriff of was commanded to cause
to be levied and made out of the property liable to be seiz d
under a writ of seizure and sale belonging to the said C D . the
j,f I And whereas this Court is satisfied that
there are no reasonable means of executing the s a ^ writ with-
out breaking open the outer doors or windows ot JNo.
Street • This is therefore to authorise you to break
 691
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

open or have 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 writ, taking all due precautions 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.
(Signed and sealed)
Registrar. ,

No. 58.
ORDER OF COURT ATTACHING THE INTEREST OF JUDGMENT
DEBTOR IN IMMOVEABLE PROPERTY.
(Section 619.)
(General Heading.)
50th June, 1908.
Whereas the above-named A. B. did on the 20th day of June,
1908, recover judgment against the above-named C D. in this
action for the sum of $ and whereas by writ of seizure
and sale dated the 25th daj^ of June, 1908, in the above-mentioned
action the Sheriff of was commanded to cause
to be levied and made out of the property liable to be seized
under a writ of seizure and sale belonging to the said C D . the
sum of $ . Now it is hereby ordered that the
interest of the said C D. of and in the immoveable property the
particulars whereof are indorsed hereon be attached and taken in
execution to satisfy the above-mentioned judgment.

No. 59.
NOTICE SEIZING SECURITIES AND SHARES.
(Section 620.)
(General Heading.)
Whereas the above-named A. B. did on the 20th day of June,
1908, recover judgment against the above-named C I)., in this
action for the sum of $ and whereas by writ of seizure
and sale dated the 25th day of June, 1908, I was commanded
to cause to be levied and made out of the property liable to be
seized under a writ of seizure and sale belonging to the said C D .
the sum of $ • . Now I do give you notice that
I hereby seize the securities (or shares or debentures) specified in
the Schedule hereto standing in the name of the said C D. to
satisfy the above-mentioned judgment.
The Schedule above referred to.
To the Municipal Secretary of
(Signed) Sheriff.
Vol. II. 44A
692
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

No. 60.
NOTICE OF GARNISHMENT.

(Section 640.)
(General Heading.)
TO X. Y., of
Garnishee.
Take notice that from the time of the service upon you of this
notice of garnishment, all property whatsoever within the Settle-
ment other than immoveable property, or any interest therein, to
which the said C T). is beneficially entitled whether solely or
jointly with others, and which at the time of the service of this
notice, or at an}' time before the same shall be dissolved, is or
shall be in your custody or under your control, and all debts due
or accruing due by you to the said C I), at or during .such time
as aforesaid, are, subject to Crown debts and to any bona fide
prior title thereto or lien or charge thereon, respectively attached
in your hands as garnishee, to satisfy the claims of A. B. the
decree-holder; and that if you shall, without leave or order of
Supreme Court, at any time after the service of this notice, and
before the attachment shall be dis.solved, knowingly part with
the custody or control of any property attached under this notice,
or remove the same out of the Settlement, or sell or dispose of
the same, or pay over any debt due by you to tlie said C D.,
except only to rnyself, you will be liable to attachment, aud to
pay such damage's to the said A. B. as the Supreme Court shall
award.
(Signed) Sheriff.

No. 61. *
GARNISHEE SUMMONS.
(Section 642.)
In the Supreme Court of the Straits Settlements.
Settlement of
Suit Between A. B. Judgment Creditor.
19 . No. and ^
CD. Judgment Debtor.
and
X. Y. Garnishee.
To X. Y. of Garnishee.
You are hereby summoned to appear before the Court in
Chambers on the ' day of at
o'clock in the forenoon to be examined as to any property of the
judgment debtor there may be in your possession, custody or
control.
Dated this day of
By Order,
Registrar.
This summons is taken out by the Sheriff of
 693
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No. 62.
CONSENT TO DISSOLVE G-\RNISHMENT.
(Section 649.)
1 hereby consent that the notice of garnishment in this cause
served on X. Y. shall be dissolved.
(Signed) A. B.
in presence of the Registrar
or L. M., Solicitor for A. B.

No. 63.
W R I T OF POSSESSION.
(Section 653.)
(General Heading.)
GEORGE THE F I F T H , by the grace o^f God, &c.
To the Sheriff of greeting :
Whereas lately, by a judgment of CJur said Court (A. B.
recovered) or (E. F . was ordered to deliver to A. B.) possession
of all that with the appurtenances in this
Settlement. Therefore We command you that you enter the
same, and without delay you cause the said A. B. to have posses-
sion of the said land and premises Avith the appurtenances. And
in what manner you have executed this Our writ make appear to
Our Supreme Court immediately after the execution hereof, and
have you there then this writ.
Witness, &c.
day of ^ 19 .

No. 64.
W R I T OF DELIVERY.
(Section 655.)
(General Heading.)
. GEORGE THE F I F T H , by the grace of God, &c.
To the Sheriff of greeting:
We command you that, without dela3^ j'ou do seize aud deliver,
or cause to be returned to the above-named A. B. the followiug
chattels, that is to say (here enumerate tlie chattels recovered by
the judgment for the return of which execution has been ordered,
to issue) which the said A. B. lately in Our Supreme Court at
recovered against C D. (or C D. was
ordered to deliver to the said A. B.) in the above suit. (And
we further command you that if the said chattels cannot be found
within your Settlement you cause to be levied and made out of
the property liable to be seized under a writ of seizure and sale
694
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belonging to t h e said C D . a u d if necessary by sale thereof

$ being the assessed value of the said chattels).
Aud in what m a n n e r you have executed this Our writ make
appear to us in Our said Court a t immediately
after t h e execution thereof. And have you there then this writ'
W i t n e s s , &c.
No. 6 5 .
W R I T OF ATTACHMENT.
(Section 656.)
(General Heading.)
G E O R G E T H E F I F T H , b y t h e grace of God, &c.
To t h e Sheriff of greeting:
W e command you t o attach C D . , so as to have him before U s
in Our Supreme Court in this Settlement, there to answer to Us,
as well t o u c h i n g a contempt which h e , i t is alleged, hath com-
mitted against U s , as also such other matters as shall be then and
there laid to his charge, a n d further to perform and abide such
order as O u r said Court shall make in this behalf, and hereof
fail not, a n d b r i n g this writ with you.
W i t n e s s , &c.
N o . 66.
W A R R A N T TO A R R E S T JUDGMENT DEBTOR.
(i) Under Section 657.
(General Heading.)
G E O R G E T H E F I F T H , b y t h e grace of God, «&,c.
To t h e Sheriff of greeting:
W h e r e a s i t has been shown to the satisfaction of the Court t h a t
C. D . , t h e above-named defendant, is about to abscond, you are
hereby commanded to take and arrest the body of the said C. D . ,
and h i m to deliver to t h e officer in charge of t h e Civil Prison at
, there to be kept until he shall otherwise be
lawfully delivered from custody under the said arrest. And you
are hereby further required forthwith, after t h e execution of this
writ, to r e t u r n the same into the said Court, with the place, time,
and mode of execution indorsed thereon.
W i t n e s s , &c.
By order, •
Registrar.

(ii) U n d e r Section 662.

(General Heading.)
G E O R G E T H E F I F T H , b y t h e grace of God, &c.
To t h e Sheriff of greeting:
W h e r e a s a j u d g m e n t summons was duly issued out of this
Court whereby C. D . , t h e above defendant, was duly required to
appear on t h e d a y of 19 , to be orally
examined respecting h i s ability to p a y or satisfy t h e claims of
the plaintiff in this action. A n d whereas t h e said judgment
summons was personally served on t h e said C D . And whereas
 695
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(recite the postponements of the hearing of the summons, if any)

the said C D. failed to appear on the said day of
19 (if so pursuant to the said order of
Court) you are hereby commanded to take and arrest the body of
the said C D . , and him to deliver to the Officer in charge of the
Civil Prison at , there to be kept, &c., as in
last Form.
Witness, &c. ' By order,
Registrar..
No. 67.
JUDGMENT DEBTOR SUMMONS.
(Section 658.)
{General Heading.)
To , the above-named defendant.
You are hereby .summoned to appear before the Supreme Court
on the day of at the
hour of o'clock in the forenoon, then and there to
be examined respecting your ability to satisfy the judgment
recovered against j^ou in the above action on the day of
last for $ and $ costs
upon which judgment the sum of $ is still due.
Witness, &c.
By order.
Registrar.
No. 68.
JUDGMENT NOTICE.
(Section 665.)
• (General Heading.)
To C. D., the above-named defendant.
Take notice that yon are required to show cause to the Supreme
Court on the day of
at the hour of o'clock in the forenoon, why you should
not be committed to prison, j'ou having disobeyed the order of
Court made on the , that is to say in having made
default in payment of the instalment due upon the
jnidgment herein.
Witness, &c.
By order,
Registrar.
No. 69.
WARRANTS OF COMMITMENT.
(i) Where no Order for Payment by Instalments has been made,
(Section 665.)
(General Heading.)
GEORGE THE F I F T H , by the grace of God, &c.
To the Sheriff of greeting:
You are commanded to take and arrest the body of C. D., the
^ ' • • . ^

,696
A.D. ^1907.
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above-named defendant, a n d to deliver h i m to t h e Officer in

charge of t h e Civil Prison a t , there to be kept
for t h e term of weeks from t h e arrest under this warrant
or u n t i l p a y m e n t of t h e j u d g m e n t debt.
W i t n e s s , &c.
By order.
Registrar.
(ii) Where Payment has been Ordered by histalments.
(Section 665.)
(General Heading.)
G E O R G E T H E F I F T H , by t h e grace of God, &c.
To t h e Sheriff of greeting :
W h e r e a s an order was made by this Court on the day of
19 , upou t h e hearing of the judgmeiit
summons issued herein whereby it was ordered t h a t C D . , t h e
above-named defendant, should pay t h e j u d g m e n t debt and costs
by instalments of $ a month. A n d whereas t h e said
C D . h a s made rlefault in pajanent of t h e instalment
you are commanded to take and arrest the body of t h e said
defendant a n d to deliver h i m to t h e said Officer in charge of
the Civil Prison at there to be kept for t h e term
of weeks from t h e arrest under this warrant or until pay-
ment of t h e instalment or instalments due.
W i t n e s s , &c.
By order.
Registrar.
(iii) Where Imprisonment Ordered under Section 666.
(General Heading.)
GEORGE T H E F I F T H , by t h e grace of God, &c.
To t h e Sheriff of greeting:
You a r e commanded to take and arrest t h e body of C. D . , the
above-named defendant, and to deliver h i m to t h e Officer in
charge of the Criminal P r i s o n at • , there to b e k e p t for
a t e r m of m o n t h s ' simple (or rigorous) imprisonment
from t h e arrest under this w a r r a n t or until payment of the judg-
ment debt.
W i t n e s s , &c.
By order.
Registrar.
N o . 70.
WARR.\.NT OF D I S C H A R G E .
(Section 670.)
(General Heading.)
G E O R G E T H E F I F T H , by t h e grace of God, &c.
To the Officer iii charge of the Civil Prison at
You a r e commanded to discharge from your custody t h e body
of C D . , t h e above-named defendant, taken under a W a r r a n t of
 697
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C o m m i t m e n t dated t h e day of 19 , in
the above action, for which this shall be your sufficient a u t h o r i t y .
W i t n e s s , &c.
By order.
Registrar.

No. 71.
O R D E R TO A R R E S T ON M E S N E P R O C E S S . '•
(Section 682.)
(General Heading.)
.Upon h e a r i n g and upon r e a d i n g the affidavit of ,
filed the d a y of , 19 .
It is ordered t h a t the defendant C D . be arrested and im-
prisoned for the t e r m of weeks from t h e date of his arrest,
i n c l u d i n g the day of such date, unless he sooner give security to
the satisfaction of the plaintiff in the sum of $ , t h a t he
will not d e p a r t from the Settlement without the leave of the
Court.
A n d it is f u r t h e r ordered t h a t the Sheriff of
do take t h e defendant for t h e purpose aforesaid.
Dated the day of , 19 .
N o . 72.
• . O R D E R TO A T T A C H P R O P E R T Y BEFORE JUDGMENT.
(Section 689.)
(General Heading.)
Upon hearing and upon r e a d i n g the affidavit of , .
filed the day of , 19 .
I t is ordered t h a t the property of the defendant C D . (or
specifg the part of it) be forthwith secured and taken into tlie
custody of the Sheriff as a pledge or surety to answer the ju.st
claim of the plaintiff u n t i l the trial of the above action and
j u d g m e n t and satisfaction thereon.
And it is f u r t h e r ordered t h a t t h e Sheriff of
do secure and take such property accordingly. V , .
Dated the day of , 19 . •''-
N o . 73. , •
RECEIVER'S RECOGNIZANCE.
(Section 707.)
(General Heading.)
~ A. B. , of , C D. , of , and E . F .
of
Before our Sovereign Lord the K i n g in his Supreme Court of
t h e Straits Settlements personally a p p e a r i n g , do acknowledgB
themselves, and each of t h e m doth acknowledge himself, to owe
to the R e g i s t r a r of the S u p r e m e Court at the
sum of dollars of good and lawful monej' of the
Straits Settlements, to be paid to the said R e g i s t r a r or hi.s
executors or a d m i n i s t r a t o r s and unless t h e y do pay the same,
they, t h e said , do g r a n t , and each of t h e m doth
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

grant for himself, his executors, aud administrators, that the said
&
sum shall be levied, recovered, and received,
of aud from them and each of them, and of and from all and
singular the moveable and immoveable property of them and
each of them wheresoever the same shall or may be found.
Witness our said Sovereign Lord George the Fifth by the
Grace of God of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the Seas, King,
Defender of the Faith, Emperor of India, at the Supreme Court
of-the Straits Settlements, the dav of
19 . J ,
Whereas, by an order of the Supreme Court made by Mr.
'Justice in an action (general heading) and dated
the day of . It was ordered that [recite so
much of order as may be necessary^.
And whereas the Judge hath [approved of the said
as a proper person to be such receiver or such receiver and
manager as the case may be'] and hath approved of the above
bounden and as sureties for the said ,
and hath also approved of the above-written recognizance with
the under-written condition as a proper security to be entered
into by the said A. B., C D., and E. F . pursuant
to the said order and as well in respect of the period for which
the said has been appointed such receiver (or
receiver and manager) as aforesaid, as also in respect of any
extended or further period during which he may be continued
or appointed such receiver (or receiver and manager), either under
the said order or under any further order in the said action, and
ill testimony of such approbation the Registrar hath signed an
allowance in the margin hereof.
Now the condition of the above-written recognizance is such
that if the said do and shall duly account for all
aud every the sum and sums of money which he shall so receive
on account of the (folloiu words of order) rents and profits of the
immoveable property and in respect of the-moveable property of
the said , and in respect of the said business,
including as well all and every the sum and sums so received in
respect of the period for which the said
has been appointed such receiver (or receiver and manager) as
aforesaid as also all land every the sum and sums so received in
respect of any appointment for any extended or further period
during which he may be appointed such receiver (or receiver and
manager) either uuder the said order or under any further order
in the said action at such periods as the said Judge shall appoint,
and do and shall duly pay the balances which shall from time
to time be certified to be due from him as the said Court or Judge
hath directed or shall hereafter direct, then the above recogni-
zance shall be void and of none effect, otherwi.se the same is to be
and remain in full force and virtue.
Taken aud acknowledged by the above-named at
this day of 19
Before me,
 699
A.D. 1 9 0 7 .
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700
A.D. 1 9 0 7 .
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CIVIL PROCEDURE CODE.

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 701
A.D. 1907.
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No. 75.
FORM OF AFFIDAVIT FOR D I S T R E S S .
(Section 722.)
I N THE SUPREME COURT OF THE STRAITS SETTLEMENTS.
Distress
19 . No. .
Bet-n'een A. B., Plaintiff,
and
CD., Defendant.
I, A. B., inhabitant of in the Settlement
of make oath and say that C. D., who is also
an inhabitant of the (town) of is justly indebted
to in the sum of dollars for
arrears of rent of the house and premises No. situated
at in the Settlement of . due
for months from to
at the rate of dollar.s per mensem.
Sworn before me, the day of , 19 .
Registrar.
No. 76.
FORM OF POWER,OF ATTORNEY TO DISTRAIN.
(Section 723.)
I (or we), A. B., do hereby authorize X. Y. to be my (our)
Agent to act for me (us) in distraining, under Chapter X X X I I I .
of the Civil Procedure Code, 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 1 am (we are) entitled lo
distrain as (Oioner, Lessee, Trustee, Guardian, &c.), alone (or
together with E. P.), &c.
Dated
(Signed) A.B.
No. 77.
FORM OF W R I T OF DISTRESS.
(Section 724.)
. • (General Heading as in Form 75.)
hereby direct you to distrain the moveable property found in
or upon, the premises No. Street and in
the apparent possession of the defendant C. D., for the sum - .
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 X X X I I I . of the Civil Procedure Code.
Dated day of
(Signed and seeded)
Registrar.
• ToE. F.
Swoni Bailiff and Appraiser.
L907.
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CIVIL PROCEDURE CODE.

No. 78.
At'FlDAVIT ON Al'Pr.IC.Vl'lON FOR AUTHORITY TO ^^AKE FoRCIBT.E
ENTRY IN E.KECUTION OF W R I T OF DISTRESS.
(Section 744.)
(General Heading as in Form 75.)
I, A. B., of make oath and say: —
That on the day of 19 I went to
house No. Street, , for the purpose of
executing a writ of distress issued by the landlord against the
moveable property found in or about the said house and in the
apparent possession of the said C D .
In my opinion such house is held on a rack-rent (or on a rent
of a fuil three-fourths of its yearly value) and neitlier its value
by the year nor the rent payable in respect of its tenancy by the
year exceeds |300.
I found the premises deserted and unoccupied and the door
closed with a padlock from the outside. I made inquiries from
tlie neighbours and was informed that the tenant was away 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
windows.
Sworn before me the day of 19
Registrar.

No. 79.
AUTHORITY TO MAKE FORCIBLE ENTRY IN EXECUTION OF
W R I T OF DISTRESS.
(Section 744.)
(General Heading as in Form 75.)
To the Sheriff of greeting.
Whereas the above-named A. B. has on an affidavit dated the
day of 19 taken out a writ of distress
whereby the Sheriff of was directed to distrain the
moveable property found in or upon the premises No.
Street, , and in the apparent possession of the
defendant C D . , for the sum of | And whereas this
Court is satisfied that there are no reasonable moans of executing
the said writ without breaking open the outer doors or windows
of the said No. Street, and this order is warranted by
the provisions of section 744 of The Civil Procedure Code.
This is tlipi-efore to authorize you to break open or have bi'oken
o])en the doors or windows of the said house No. Street,
so far as mav be necessary to enable you to execute the said
writ, taking all due precautions for the protection of the property
 . 7 0 3
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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.
(Signed and sealed)
Registrar.

No. 80.
FORM OF INVENTORY AND NOTICE.
(Section 727.)
(General Heading as in Form 75.)
(State particulars of goods seized.)
Take notice that I have this day seized the moveable property
found in or upon the premises No. Street, and
in the apparent possession of the defendant C D., contained in
the above inventory for the sum of | being the amount
of months' rent due to A. B. on last
and that I value the said moveable property approximately at
the sum of $ 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 will be sold on the day of
at pursuant to the provisions of Chapter X X X I I I .
of the Civil Procedure Code.
(Signed) E. F .
Sworn Bailiff and Appraiser. •
To A . B .

No. 81.
AFFIDAVIT ON APPLICATION TO FOLLOW GOODS.
(Section 742.)
(General Heading as in Form 75.)
I, A. B., of make oath and say: —
1. That I am landlord of house. No. Street, ,
2. That on the day of 19 , I
obtained a writ of distress against the moveable propertj^ 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. That 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 .
Registrar.
704
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No. 82.
AUTHORITY TO FOLT.OW (TOODS.

(Section 742.)
(General Heading as in Form 75.)
U p o n r e a d i n g t h e affidavit of s\vorn to arid
filed herein t h i s day and t h e r e t u r n of t h e Sheriff to tlie w r i t of
distrpss issued lierein t h i s dtiy it is ordered liuit t h e Slieritt' of
this Court do follow, t a k e , and seize all the goods and cliatteLs
liable to seizure uiidei' the said writ of distiess which were alleged
in nnd b y t h e said affidavit to h a v e been removed hj the said
d e f e n d a n t from house N o . Street to house N o .
Street.
Dated the d a y of 19
Registrar.

No. 83.
INTERFLEADER SUMMONS.

(Section 749.)
(General Heading.)
JII 1 fic m a t t e r of X . Y . . a c l a i m a n t of p r o p e r t y seized u n d e r
process of the Court in the above s u i t .
To A . B .
Yon are h e r e b y summoned to a p p e a r before the S u p r e m e
Court on the day of , at the
Iiour ot o'clock in tlie forenoon, to state t h e n a t u r e
a n d ])articulars of your claim to certain goods and chattels
seized u u d e r t h e process of the Court in t h e above suit a n d valued
iit t h e sum of f a u d either' m a i n t a i n or. relinquish
your claim.
W i t n e s s , &c.
Registrar.

No. 84.
INTERPLE,VDEE ORDER.

(Section 752.)
(General Heading.)
in C h a m b e r s .
TTpon h e a r i n g and upon r e a d i n g the affidavit of
, filed t h e day , 19
aud
I t is ordered t h a t the c l a i m a n t be b a r r e d , t h a t no action be
b r o u g h t a g a i n s t t h e above-named (Sheriff), nnd t h a t the costs nf
tin's a p p l i c a t i o n be
Dated the d a y of 19
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No. 85.
N O T I C E O F C L A I M TO G O O D S T A K E N I N EXECUTION.

(Section 759.)
(General Heading.)
Take n o t i c e t h a t X . Y . h a s c l a i m e d t h e goods (or c e r t a i n
goods)- (lohere only certain goods are claimed liere enumerate
them) t a k e n in e x e c u t i o n b y t h e Sheriff of ,
under t h e w a r r a n t of e x e c u t i o n issued in t h i s a c t i o n . You are
hereby r e q u i r e d to a d m i t or d i s p u t e tlie t i t l e of t h e said X . Y .
to the said g-oods a n d g i v e n o t i c e thereof in w r i t i n g to t h e said
Sheriff w i t h i n four days from t h e r e c e i p t of t h i s n o t i c e , f a i l i n g
which t h e said Sheriff maj^ issue a n i n t e r p l e a d e r s u m m o n s . If
you a d m i t t h e t i t l e of t h e said X . Y . to t1ie said goods a n d give
notice thereof in m a n n e r aforesaid t o t h e said Slieriff you will -
only be l i a b l e for a n y fees a n d expenses i n c u r r e d jirior to t h e -,
receipt of t h e notice a d m i t t i n g t h e c l a i m .
Dated, &c. -.
(Signed)
To t h e Plaintiff. Sheriff of

N o . 86.
N O T I C E OF P L A I N T I F F OF A D M I S S I O N OR D I S P U T E OF
T I T L E OF CLAIMANT.

(Section 759.)
(General Heading.)
Take notice t h a t I a d m i t (or, d i s p u t e ) t h e t i t l e of X . Y. to
the goods (or, to c e r t a i n of t h e goods, n a m e l y (set them out) )
seized by you u n d e r t h e e x e c u t i o n issued u n d e r t h e j u d g m e n t
in this action.
(Signed) Plaintiff
or
To t h e Sheriff of , ) Solicitor.
a n d h i s officers. •f
N o . 87.
P E T I T I O N FOR PROBATE.

(Section 888.)
I n t h e S u p r e m e C o u r t of the Straits Settlements.
S e t t l e m e n t of
Probate In the E s t a t e of
19 . No. . A. B . , deceased.
To the H o n o u r a b l e th© J u d g e s of t h e S u p r e m e Court.
Vol. I I . 45
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T h e Petition of C. D . , of
SHEWETH,
1. A. B . , who resided at died on tho
day of 19 , at
2. T h e whole of the estate a n d eft'ects of the deceased move-
.^, able and immoveable within t h e jurisdiction of this Court,
exclusive of what he may have been possessed of or entitled to
, as a trustee for any other person or persons and not beneficially,
and without deducting a n y t h i n g on account of t h e debts due
and owing from h i m , other t h a n the principal of any mortgage
(Jsbt secured upon any immoveable property, do not a m o u n t in
value-to the sum of Dollars to t h e best of t h e
P e t i t i o n e r ' s knowledge, information and belief.
3. The P e t i t i o n e r believes the paper w r i t i n g hereto annexed
and marked A. to contain t h e t r u e and original last will and
- testament (with a codicil thereto) of t h e said A. B . , deceased.
4. T h e P e t i t i o n e r is the sole executor (or one of the
^ executors) named in the said will (E. F . , of • the
dther executor therein named died on the day of or
on t h e day of by i n s t r u m e n t duly signed renounced
probate and execution of the said will).
T h e Petitioner prays t h a t P r o b a t e
•' ,-^ of the said W i l l (and Codicil) of tho
said A. B . , may be granted to him
"(leave being reserved to G. H . , to
come in and prove t h e same or as the
case may be).

Administration with W i l l .
In place of paragraph four of Form- No. 1 proceed :
4. The Testator did not iu his said W i l l name any exerutor,
or E . F . , the executor named in the said W i l l died on the
day of or has renounced the probate and
execution thereof, and the Petitioner is the (state relationship
if any) of. t h e ' s a i d deceased, and the residuary legatee or one
of the residuary legatees named in the said W i l l .
or t h e Testator (died a widower or bachelor (if so) and) did
not in his said W i l l n a m e any executor or residuary legatee
and the Petitioner is the (as in Section 930).

Administration.
In place of paragraphs 3 and 4 of above Form proceed :
4c. T h e said A. B . deceased who was a British Subject and a
Christian (or as the case may be) died intestate (a widow,
bachelor, or spinster, as the case may be) and t h e Petitioner
is t h e (as in Section 930).
or is a creditor of t h e .said deceased for the suin of Dollars
due for fmoney lent by me to h i m or as the
case may be).
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5. I . J . of has a prior right to the Petitioner being

(state relationship) b u t he on the day of by
writing signed by him renounced such right.
/ / the Petitioner claims as the representative of another
person then proceed:
4. The Petitioner claims as the representative of X . Y., to
whom letters of administration were granted by this Court on
the day of
In all cases add the following paragraph:
The address for service of the Petitioner is

No. 88.
CAVEAT.
(Section 894.)
(General Heading as in Form 87.)
Let nothing be done in the goods of A. B . late of
deceased, who died on the day of at
, unknown to C. D. of having interest.
Dated this day of 19
(Signed) CD.
Address for service
or
E . F . Solicitor for C D.
Address for service
If under Section 897 add :
Note.—The said C D. merely insists on Probate in solemn
form (or intends to apply for an order that the sureties may
justify).

No. 89.
CITATION.
(Section 899.)
(General Heading as in Form 87.)
GEORGE THE F I F T H , by the grace of God, &c.
To E. F . of
Whereas C D. of has presented a Petition to Our
Supreme Court at praying for a grant of
of the said A. B . deceased to him as (here describe
the capacity of the Petitioner as in his Petition) and that
or whereas it appears by the^affidavit of C D.
of that also claims to be
of the said A- B. deceased and that you are (executor or one of
tlie next of kin, stating relationship as the case may be) of the
said A. B. deceased.
Now this is to command you that, within days
after service hereof inclusive of the day of such service, you do
enter or cause to be entered an appearance for you in Our said
Court, and shew cause why such should not be granted
Vol. I I . ' 45A
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to t h e said C. D. and take notice t h a t , in default of y o u r so

a p p e a r i n g and shewing cause in Our said Court w i t h i n the
said days, you will be deemed to have renounced all
r i g h t and title to such and Our said Court will
make such g r a n t to the said C D . or such other person as may
seem expedient, your absence n o t w i t h s t a n d i n g .
W i t n e s s , &c.
N.B.—This writ is to be served within 12 calendar months
from the date hereof.
The said E. F . m a y a p p e a r hereto by e n t e r i n g an appearance
either personally or by solicitor at tlie R e g i s t r a r ' s Office at
Endorsement to. be made on the Citation.
This citation was issued by G. H . of solicitor for
the said C D . , or by the said C. 1). in person who resides
at
Endorsement to be made after Service.
This citation was served on by nie this day
of 19 ,
(Signed) L. M.
No. 90.
ADMINISTRATION OATH.
(Section 918.)
(General Head.ing as in Form 87.)
Deceased
I swear t h a t I will duly execute the will of or will faithfully
administer the estate and effects of deceased bv
paying debts so far as such estate and effects will
extend and t h e law requires, and distributing the residue of
such estate and effects according to law, and t h a t I will render
a just account of my administration when I shall be thereto
lawfully required.
So lielp me Gnd.
Sworn at
the dav of V I
, 19 . I
Before me, Truly translated to the deponent
in the language.
By me,
Interpreter.
No. 91.
.\DMINISTEATION BOND.
(Section 921.)
(General Heading as in Form 87.)
Know all men by these presents t h a t we A. B . , of ,
C. D . , of and E . F . , of are jointly
and severally bound u n t o H i s Majesty T h e K i n g in t h e sum
of Dollars of good and lawful money of the Straits
Settlements to b e paid to the Colonial Treasurer for the time
being for which p a y m e n t to be well and t r u l y made we bind
 709
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ourselves and each of us our heirs executors and administrators

by these presents Sealed with our Seals Dated the day
of 19 ,
The Condition of this Obligation is such that if the above-
bounden A. B. the Administrator of the Estate and Effects of
X. Y. late of deceased who died on the
day of 19 , do well and truly administer accord-
ing to law the moveable and immoveable property of the said
deceased which has or shall come to h hands, possession or
knowledge or into the hands and possession of any other person
for h then this Obligation to be void and of none effect
but otherwise to remain in full force and virtue.
Truly translated to the "J
obligors in the " '
language by me (
A Sworn Interpreter of the Court. -'
Signed sealed and delivered
by the above-named
in the presence of
A Commissioner for Oaths.

No. 92.
GRANT OF PROBATE.
(Section 905.)
(General Heading as in Form 87.)
Be it known that at the date here-
- under written the Last Will and
Testament (a copy whereof is here-
unto annexed) of A. B., late of
deceased who died on the day of
at was proved before the
holden in aforesaid and that Administration of all and singular
the moveable and immoveable property to the Deceased in any-
wise belonging, and locally situate within the limits of the
said Court was granted by the aforesaid Court to
C D . Executor in the said Will named he being first sworn
well and truly to administer the same. Date of issue
Dated at ' this day of . ^^ • , 19 .
Registrar. Registrar.

No. 93.
GRANT OF LETTERS OF ADMINISTRATION.
(Section 905.)
(General Heading as in Form 87.)
Be it known that at the date here-
under written Letters of Administra-
tion of all and singular the moveable
and immoveable property of A. B.
late of
deceased, who died at Intestate, locally
710
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situate within t h e jurisdiction of the said S u p r e m e Court, were

granted to C. D . , t h e lawful father aud next-of-kin (or as the
case may be) of the said I n t e s t a t e , li having been first
sworn well and faithfully to administer the same by paying
h just debts and d i s t r i b u t i n g the residue of such estate and
n . i . „fiim,» effects accordiu'T to law.
, 19 . Dated at this day of , 19 .
Registrar. Registrar.

No. 94.
F O R M OF P E T I T I O N FOR SEALING.
(Section 936.)
(General Head.ing as in Form 87.)
To the Honourable tho Judges of t h e Supreme Court.
Tlie Petition of C. D. of
SHEWETH:
1. A. B. late of deceased
died on the day of 19 and had at the
time of his death his ordinary or principal domicile in
(or without any known domicile or without any fixed
domicile or as the case may be).
2.—The said deceased died intestate and
Letters of Administration of his estate and eft'ects of which
a true copy is hereunto annexed were duly granted to your
Petitioner (or to E . F . of ) by the (name of Court).
Or 2.=—The said deceased duly executed his last W i l l and
Testament dated the day of 19 ,
and Probate thereof of which a t r u e copy is hereunto
annexed was duly granted to your Petitioner t h e execu-
tor thereof (or to E . F . of the executor thereof)
by the (name of Court).
Or 2.—The said deceased duly executed his last W i l l and
Testament dated the day of 19 ,
and Letters of Administration with such W i l l and Testa-
ment annexed thereto of which Letters and W i l l a true
copy is hereunto annexed were duly granted to your
petitioner (or to E. P . of ) by the (name of
Court). ^
'Asthecnsc *3.—The said deceased did not reside-or carry on business in
""'."'"'• this Colouy at auy time within -twelve months next
before his death.
*4.—So far as your Petitioner is aware thei"© are no debts
due from t h e estate of the said deceased to creditors
lesidiug in this Colony.
*5.—Your Petitioner has been duly authorized by the said
E . F . by Power of Attorney dated the of
19 which has been deposited in the Supreme Court ai
Singapore under the provisions of Section 47 of C)rdinance
No. 36 (Conveyancing and L a w of Property) to make this
application on his behalf.
 711
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6. —The address for service under Section 936 of the Civil

Procedurb Code is
Your Petitioner prays that the Probate or Letters of
. Administration may be sealed with the Seal of this
Court in accordance with the provisions of Chapter
X L I V of the Civil Procedure Code.
(Signed.)
I, C D.J make oath and say that the statements contained in
;he foregoing petition are to the best of my knowledge,
information'and belief in all respects true.
Sworn at \
the day of. ^^ \
before me J
A Commissioner to administer Oaths,

No. 95.
ADMINISTRATION BOND (WITH OR WITHOUT W I L L . )
(Section 942.)
•*" (General Heading as in Form 87.)
(Bond as in Form 91.)
THE CONDITION of this obligation' is such that if the above
bounden A. B., the Administrator (and if such be the case with
the Will dated the day of annexed)
by authority of the Court acting under Letters of
Administration granted to h on the day of
and now about to be Sealed in the Straits Settlements under
Chapter X L I V of the Civil Procedure Code of the personal
estate of K. L., late of deceased who died on the
day of do well and truly administer
according to law the moveable and immoveable property of the
said deceased which has or shall come to h hands posses-
sion or knowledge or into the hands and possession of any other
person for h then this obligation to be void and of none
effect but otherwise to remain in full force and virtue.
(To be attested as in Forjn 91.)

••'». No. 96.

ADMINISTRATION BOND (WITH OR WITHOUT W I L L ) ON
^ APPLICATION BY AN ATTORNEY.
(Section 942.)
(General Heading as in Form 87.)
(Bond as in Form 91.)
THE CONDITION of this obligation is such that if the above
bounden K. L., of the Administrator (and if such be the
case with the Will dated the dcay of • annexed)
by the authority of the " Court acting under Letters of
712
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Administration granted to h on the day of

and now about to be Sealed in the Straits Settlements under
Chapter X L I V of the Civil Procedure Code of the personal
.Estate of M. N . , late of deceased who died on the
day of do well aud truly administer
according to law the moveable and immoveable property of the
said deceased which has or shall come to h hands, posses-
sion or knowledge or into the hands aud possession of any other
persou for h then this obligation to be void and of none
eff'ect but otherwise to remain in full force and v i r t u e .
(To be attested as in Form 91.)

No. 97.
FORM OF A D V E R T I S E M E N T FOR CLAIMANTS NOT BEING C R E D I T O R S .
(Section 979.)
(General Headdny.)
P u r s u a n t tu a j u d g m e n t (or order) of the Supreme Court at
in the above action the persons claiming to be
next of kin to A. B. late of , who died in or about
tile month of , are by their solicitors, on or before
the day of , to come in aud prove their
claims in the Registry at or in default thereof they
will be peremptorily excluded from the benefit of the said j u d g -
ment (or order). The daj' of , at
o'clock in the noon, at the said Registry is appointed for
hearing aud adjudicating upou the claims.
Dated the day of , 19 .

No. 98.
Foi(.\i OF A D V E R T I S E M E N T FOR C R E D I T O R S .
(Section 979.)
((reneral Heading.)
P u r s u a n t to u j u d g m e n t (or an order) of the Supreme Court
at in the above actiou the creditors of A. B . ,
late of , in the , who died in or abont
tlie month of , 19 , are on or before the
day of , 19 , to send by post, prepaid, to E . F . ,
of , the solicitor of the defendant C D . , the
executor (or administrator) of the deceased (or as may be
directed), their names, addresses and descriptions, the full par-
ticulars of their claims, a statement of their accounts, and the
nature of the securities (if any) held by them, or iu default
thereof, they will be peremptorily excluded from the benefit of
the said j u d g m e n t (or order). E v e r y creditor holding any
.security is to produce the same before the R e g i s t r a r on the
day of , 19 , at o'clock in the
noon, being the time ajipointed for adjudication on the claims.
Dated this day of , 19 .
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N o . 99.
N O T I C E TO C R E D I T O R TO PRODUCE DOCUMENTS.
(Section 981.)
(General Heading.)
You are herebj^ required to produce in support of the claim
sent in b y you against the estate of A . B . , deceased (describe the
document required to be produced), before t h e R e g i s t r a r on the
day of , 19 , at o'clock iu the
noon.
Dated this day of 19
G. R . , of, &c.. Solicitor for plaintiff (or defendant, or as the
case may be).
To Mr. S. T .

N o . 100.
A F F I D A V I T OF E X E C U T O R OR AU.MINISTRATOR AS TO CLAIMS OF
CREDITORS.
(Section 983.)
(General Heading.)
W e , C D . , ot, &c., the above-named plaintiff' (or defendant,
or as may be), the executor (or a d m i n i s t r a t o r ) of A . B . , late
of , deceased, and E . F . , of, &c., solicitor,
severallj- make oath and say as follows: —
I , the said E . F . , for myself, say as follows: —
1. I have in t h e paper w r i t i n g now produced, and shown to
me, and marked A . , set forth a list of all the claims the par-
ticulars of which have been sent in to m e b y persons c l a i m i n g
to be creditors of t h e said xV. B . , deceased, p u r s u a n t to tho
advertisement issued in t h a t behalf, dated t h e day of
, 19 .
And I , the said C D . , for myself, say as follows: —
• 2. I have examined the p a r t i c u l a r s of the several claims men-
tioned in the p a p e r w r i t i n g now produced, and shown to me, and
marked A . , and I h a v e compared the same Avith t h e books,
accounts, and documents of the said A . B . (or as may be, and
state any other inquiries or investigations made), in order to
ascertain, so far as I am able, to which of such claims the estate
of the said A . B . is j u s t l y liable.
3. F r o m such e x a m i n a t i o n (and. state any other reasons) I am
of opinion and v e r i l y believe, t h a t t h e estate of t h e said A. B . is
justly liable to t h e amoimts set forth in the sixth column of the
first p a r t of the said p a p e r w r i t i n g , m a r k e d A . , and to the best
of my knowledge and belief, such several amounts are j u s t l y due
from the estate of t h e said A . B . , and proper to be allowed to the
respective c l a i m a n t s n a m e d in the said schedule.
4. I am of opinion t h a t the estate of the said A. B . is not
ju,stly liable to the claims set forth in the second p a r t of the said
paper w r i t i n g , m a r k e d A . , a n d t h a t the same ought not to be
allowed w i t h o u t proof b y the respective claimants (or, I am not
714
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able to state whether the estate of the said A. 15. is justly liable
to the claims set forth in the second p a r t of the said paper
writing, marked A., or whether such claims, or any parts thereof,
are proper to be allowed without further evidence).
5. E x c e p t as hereinbefore mentioned, there are not, to the
best of my knowledge, information, and belief, any other claims
against the estate of the said A. B.
Sworn, &c.
E X H I B I T REFERRED TO I N AFFIDAVIT.

[SHORT TITLE.]
List of claims, the particulars of which have been sent iu to
Pj. F . , the solicitor of the plaintiff (or defendant, or as may be),
by persons claiming to be creditors of A. B . , deceased, pursuant
to the advertisement issued in t h a t behalf, dated the
day of , 19
This paper writing marked A. was produced and shown to
, and is the same as is referred to in his affidavit
SA^•orn before me this day of , 19 .
W . B . , &c.
F I R S T P A R r . — C L A I M S P R O P E R TO BE A L L O W E D WITHOUT
FURTHER EVIDENCE.

Serial Names of Addresses and Particulars Amount Amount proper

No. Claimants. Descrliitlons. of Claim. Claimed. to be allotped.

SECOND P A R T . — C L A I M S W H I C H OUGHT TO BE P R O V E D BY THE

CLAIMANTS.

Serial Names of Addresses and Particulars of Amount

No. Claimants. Descriptions. Claim. claimed.

NO. 101.
N O T I C E TO CREDITOR OF ALLOWANCE OF CF-AIM.
(Section 987.)
(General Heading.)
The claim sent in by you against the estate of .V. B . , deceased,
has been allowed at the sum of % with interest thereon
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at $ per cent, per a n n u m , from t h e * day

of , 19 , and f for costs.
(/•/ part only alloived, add, If j^ou claim to have a larger sum
allowed, you are hereby r e q u i r e d to prove such further claim,
and you are to file such affidavit as you m a y be advised in
support of y o u r claim, a n d give notice thereof to m e on or before
the day of , 19 , next, and to attend
by your solicitor a t t h e R e g i s t r y at on
day of , 19 , at o'clock in the
noon, b e i n g t h e t i m e appointed for a d j u d i c a t i n g on
the c l a i m ) .
Dated this d a y of , 19 .
G. R . , of, &c., Solicitor for the plaintiff (or, defendant, or as
may be).
To Mr. P . R .

N o . 102.
N O T I C E TO C R E D I T O R 'J'O PROVE H I S CLAIM.
(Section 987.)
(General Heading.)
Y"ou are hereby r e q u i r e d to prove the claim sent in by yuu
against t h e estate of A . B . , deceased. Y o u are to file sucb
affidavit as you m a y be advised in s u p p o r t of j'^our claim, and
give notice thereof to me on or before t h e day of
n e x t , and to attend b y your solicitor at the
Registry at on t h e day of ,
19 , at o'clock in t h e noon, b e i n g the time
appointed for a d j u d i c a t i n g on t h e claim.
Dated this d a y of , 19 .
G. R . , of &c., Solicitor for the plaintiff (or, defendant, or as
may be).
t o Mr. S. T .
N o . 103.
C E R T I F I C A T E OF R E G I S T R A R .
(Section 1,000.)
(General Heading.)
I n pursuance of the directions given to me by M r . Justice
, I hereby certify t h a t the result of the accounts
and inquiries w h i c h have been taken and m a d e iii pursuance of
the j u d g m e n t (or order) in this cause dated the day of
, , is as follows :
1. The defendants , the executors of
the testator, have received estate to the a m o u n t of $ ,
and they h a v e paid, or are entitled to be allowed on account
thereof, sums to t h e a m o u n t of $ , leaving a balance
due from (or, to) t h e m of | on t h a t account.
The p a r t i c u l a r s of t h e above receipts and p a y m e n t s apjiear in
the account m a r k e d , verified b y the affidavit of
filed on the day of ,
716
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C I V I L P R O C E D U R E CODE.

aud which account is to be filed with this certificate, except that

in addition to the sums appearing on such account to have been
received, the said defendants are charged with the following
sums (state the same here or in a schedule) and except t h a t 1
have disallowed the items of disbursement in the said account
numbered , and
(Or in cases where a. transcript has been made.)
The defendants have brought in an account
verified by the affidavit of , filed on the
day of , and which account is marked ,
and is to be filed with this certificate. The account has been
altered, and the account marked , aud which is also
to be filed with this certificate, is a transcript of the account as
altered and passed.
2. The debts of the testator which have been allowed, are set
forth in the schedule hereto, and with the interest
thereon and costs mentioned in the schedule are due to the
persons therein named, and amount altogether to $
3. The funeral expenses of the testator amount to the sum of
$ whicli I have allowed the said executors in the said
account of estate.
4. The legacies given by the testator are set forth in the
schedule hereto, and with the interest therein mentioned remain
due to the persons therein named, and amount altogether to
I
5. The outstanding personal estate of the testator consists of
the particulars set forth in the schedule hereto.
6. The immoveable property to which the testator was entitled
consists of the particulars set forth in the schedule
hereto.
7. The defendants have received rents and profits of the
testator's immoveable property, &c. (in a form sim.ilar to that
provided with respect to the -moveable property estate).
8. The incumbrances affecting the said testator's immoveable
jjroperty are specified in the schedule hereto.
9. The immoveable property of the te.stator directed to be sold,
has been sold, and the purchase-moneys a m o u n t i n g altogether
to f have been paid into Court.
N.B.—The above numbers are to correspond with the numbers
in the order after each statement; the evidence produced is to
be stated as follows : —
The evidence produced on this .-iccount (or, inquiry) consists
of the probate of the testator's will, the affidavit of A. B . , filed
, and p a r a g r a p h numbered .of the affidavit
of C D . , filed
 717
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N o . 104.
D I R E C T I O N R E F E R R E D TO I N SECTION 1081.

(General Heading.)
Ledger account {if the same as the cause state " as above " ) .
T h e A c c o u n t a n t - G e n e r a l is hereby directed to receive
the suin of | (paid in ou behalf of the defendant
C D . in satisfaction of claim of the plaintiff A. B . or
the funds and securities specified in the schedule hereto
or as the case may be).
(Signature)
Registrar.
N.B.—Where funds are lodged in Court not being moneys
paid in u n d e r the provisions of C h a p t e r I X . or as security for
costs or in satisfaction of a j u d g m e n t or order b u t are to be
lodged u n d e r an order comprising funds of various n a t u r e s and
directing l o d g m e n t b y one or more persons a single direction
may be issued and the p a r t i c u l a r s stated in a schedule to the
direction, e.g.: —
SCHEDULE.

AMOUNTS.
Particulars of Funds to Persons to make the
be Lodged. Lodgment.
Money. Securities.
%
Singapore Municipal Loan William Robinson and 5,<.00
5 per cent. Stock Richard Brown
Straits Trading Com- Do. i,noo
pany's Shares
Cash ... Do. 6,500
Jewellery specified in the M a r y Williams ...
list attached hereto

No. 105.
A U T H O R I T Y TO B A N K TO RECEIVE M O N E Y REFERRED TO I N

SECTION 1083.

(General Heading.)
To the Chartered B a n k of I n d i a , &c.,
Singapore.
Please receive | for the account of the Colonial
Treasurer which a m o u n t is paid in by (here insert name of
person paying in),
(Signature)
Accountant-General.
Dated of 19
718
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No. 106.
A U T H O R I T Y TO COMPANY TO REGISTER TRANSFER.
(Section 1083 ( 1 ) . )
(General Heading.)
To the Straits T r a d i n g Co., Limited,
Singapore.
Please register transfer of shares Nos.
from to the Accountant-General.
(Signature)
Accountant-General.

No. 107.
B.\NK CERTIFICATE OF R E C E I P T .
(Section 1083 ( 1 ) . )
The above-named sum has been this day received.
(Signature)
Dated of 19 .

No. 108.
CERTIFICVI-E REFERRED TO I N SECTION 1083 (2).
The above-mentioned shares have this day been transferred as
authorized.
(Signature)
Secretary of the Straits T r a d i n g Co., Ijtd.

No. 109.
R E C E I P T REFERRED TO IN SECTION 1083 (3).
(General Heading.)
Received this day from a packet marked
p u r p o r t i n g to contain (here insert list of
contents).
(Signature)
Accountant-General.
Dated the day of 19

No. 110.
D I R E C T I O N REFERRED TO IN SECTION 1085.
(General Heading.)
Ledger Account (if the same as the cause state " as above " ) .
The Acftjountant-General is hereby directed to pay to (here
insert the name of person to be paid and whether as plaintiff or
defendant or as Solicitor to plaintiff or defendant) the sum of
dollars (in words at length)
% lodged in Court in the above cause or m a t t e r on
behalf of the defendant C D . in satisfaction of the claim of the
plaintiff A.. B . (or as the case may be).
 719
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No. 111.
CERTIFICATE OF A S C E R T A I N E D S U M S R E F E R R E D TO I N
SECTION 1087.
(General Heading.)
Ledger account (if the same as the cause state " as above " ) .
I hereby certify t h a t u n d e r order dated 19 ,
the sums stated in the schedule subjoined hereto a m o u n t i n g in
the whole to f have been ascertained to be t h e
sums payable u n d e r t h e said order to t h e persons respectively
named in respect of (state in what character paid).
Dated t h i s ' of 19 .
(Signature)
Registrar.
SCHEDULE.

N o . 112.
C E R T I F I C A T E TO T A X E D C O S T S R E F E R R E D TO I N SECTION 1088.
(Formal part as in last form.)
I n pursuance of an order dated 19 I have
been attended b y t h e solicitors for
and I certify t h a t I have taxed t h e costs specified i n t h e schedule
subjoined hereto directed to be taxed by t h e said order at the
sums respectively stated i n t h e schedule which sums with t h e
fees of t a x a t i o n sqiecified a m o u n t to the total s u m of
Dated this of 19 .
(Signat^Lre)
Registrar.
SCHEDULE.

Payable to Amount of Taxed

Costs of Costs awd Fees
Nome. Address.

Total I

• ^ '
720
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No. 113.
DECLARATION REFERRED TO IN SECTION 1089 (2). ^,
(Formal part as before.)
I (name and address of applicant) solemnly and sincerely
declare that I am the (degree of relationship) and next or one of
the next-of-kin of (name of deceased) and that I am entitled to
take out administration to his estate and to receive the sum of
$ directed to be paid to him by the order dated the
day of 19
And I further declare that the total value of the assets of the
deceased including the above sum does not exceed $500 and I
certify that the deathbed and funeral expenses of the deceased
have been paid. And I make this solemn (leclaration con-
scientiously believing the same to be true aud bj' virtue of tlio
provisions of " The Statutory Declaration Act 1835."
(Signature of applicant)
Declared before me this day of 19
Magistrate of
No. 114.
GENERAL HE.ADINGS IN DIST'RICT COURT PROCEEDINGS.
(i) General Heading in an Action.
District Court of
Summons ) Between A. B., Plaintiff,
, No. I and
CD., Defendant:
(ii) General Heading in Proceedings in Distress.
District Court of
Distress I Between A. B., Plaintiff,
19 . No. ) and
CD., Defendant:
(iii) General Heading in Probate Proceedings.
Probate ) In the Estate of
19 . No. \ A. B., deceased.
No. 115.
SUMMONS.
(Section 1178.)
(General Heading as in Form 114.)
TO the above-named defendant living (or having his place of
business or employed) at No. Street, a merchant (or as
the case may be).
You are hereby required and commanded to appear before this
Court at the Court House at on the
day of 19 , at o'clock of the fore-
noon then and there to answer a claim against you by the above-
;. named plaintiff and herein fail not.
oiaim , ' ', The plaintiff's claim is (here fill in particulars of claim).
Coitg .
Peel, , ,
 721
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The plaintiff lives (or has his place of business or is employed)

at ^ o . Street and is a tailor (or as the case may
be) and his address for service is at No. Street.
Dated at this day of 19 .
Clerk of the Court.
- N . B . ^ y / i e particulars of the claim, including the amount if
ascertained should be filled in shortly and the forms MI Forms 8
and 9 may be used.
Examples.
The plaintiff's claim is | for the price of goods sold.
The plaintiff's claim is for damages for injury to the plaintiff
by the negligent driving of the defendant.
The plaintiff's claim is as one of the next-of-kin of E. F .
deceased to have the estate of the said E. F . administered.

FORM 115A.
NOTICE IN LIEU OF SUMMONS.
(Section 1177.)
(General Heading as in Form 114.)
To G;. H . of
Take notice that A. B. of has commenced an
action against you G. H . in this Court by summons dated the
day of , 19 ; the particulars of
his claim being (here fill in particulars of claim) and you are
required to appear before this Court at the Court House at
on the day of ,
19 , at o'clock of the forenoon; and in default of
you so doing judgment may be given in your absence.
By Order of the Court,
Clerk of the Court.
The day of , 19 .
N.B.—This notice is to be used where the person to be served
is not a British subject and is not in the Colony nor in any of
the Federated Malay States nor in the State of Brunei.

No. 116.
NOTICE OF DEFENCE.
(Section 1184.)
(General Heading as in Form 114.)
To the above-named plaintiff.
Take notice that the defendant on the hearing of this action
intends to rely on the following grounds of defence : —
1. He has a counter-claim against the plaintiff for $
the price of goods sold.
2. He was an infant when the alleged contract was entered
into.
3. He will rely on the Statute of Frauds.
4. The claim is barred by Ordinance No. 56 (Limitation).
Vol. II. - - ^^
722
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No. 117.
SUBPOENA TO GIVE EVIDENCE.
(General Heading as in Form 114.)

You are hereby required and commanded (all other things set
aside) personally to be and appear before the said Court on
the day of , 19 ., at
o'clock in the forenoon, then and there to testify all such matters
and things as you may know touching the above action on the
part of the and so from day to day until you
shall have given evidence and have leave to depart-the said
Court.
And herein fail not.
Dated at this day of , 19 .
Clerk of the Court.

No. 118.
SUBPCENA DUCES TECUM.
(General Heading as in Form. 114.)
To
You are hereby required and commanded (all other things set
aside) personally to be and appear before the said Court on
the day of _ , 19 , at
o'clock in the forenoon, then and there to testify all such matters
and things as you may know touching the above action on the
part of the and to bring with you into Court
and so from day to day until you shall have given
evidence, and have leave to depart the Court.
And herein fail not.
Dated at this day of , 19 .
Clerk of the Court.

No. 119.
REQUEST FOR COMMISSION FROM DISTRICT COURT.

(Section 1199.)
(General Heading as in Form 114.)
To the District Judge and Assistant District Judge of the
District Court of
Whereas an action is now pending in the District
Court of in which A. B. is plaintiff and C D. is
defendant. And in the.said action the plaintiff claims (endorse-
ment upon writ).
And whereas it has been represented to the said Court that it
is necessary for the purposes of justice and for the due deter-
mination of the matters in dispute between the parties, that-the
 723
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following persons should be examined as witnesses upon oath

touching such matters, that is to say:
E. v., of
G. H . , of
and I . J . , of
And it appearing that such witnesses are resident within the
jurisdiction of your District Court.
Now .1 the District Judge (or the Assistant
District Judge) of the District Court of have the
honour to request, and do hereby request you or some one of you,
will be pleased to summon the said witnesses (and such other
witnesses as the parties or their solicitors shall request you in
writing so to summon) to attend at such time and place as you
shall appoint before some one of you, and that yon will cause
such witnesses to be examined upon the interrogatories which
accompany this letter of request (or viva voce) touching the said
matters in question in the presence of the parties or their solicitors
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, an5 all books, letters, papers, and documents pro-
duced upou such examination to be duly marked for identifica-
tion, and that you will be further pleased to authenticate such
examination by the seal of jowr Court and to return the same
to the District Court of

No. 120.
F I N A L DECREE IN ADMINISTRATION ACTION.
(General Heading as in Form 114.)
On hearing the parties this Court doth order
(1) that the following debts of the deceased should be paid.
T.Z.I
W. X. $
and judgment is entered against the defendant in favour of the
creditors for such debts.
(2) That U . V. is entitled to a legacy of | under tlie
will of the deceased and judgment is entered against
the defendant for the amount of such legacy together with
interest calculated from one year after the death of the deceased
and judgment is entered again.st the defendant in favour of U . V.
for the sum of f ' •
(3) That the defendant do pay to the plaintiff or his solicitor
the sum of | for his costs and that the defendant be
entitled to retain the sum of $ for his costs.
(4) That the residue of the deceased's estate amounts to
$ and is divisible between S. T. and Q. R. and the
defendant in equal shares and judgment is entered against the
defendant in favour of S. T. and Q. R. each for the sum of
% . -
Vol. I I . • 46A ,
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N o . 121.
N O T I C E OF HEARING W H E N ACTION HAS BEEN REINSTATED UNDER
SECTION 1190 (1) (b) OR J U D G M E N T HAS BEEN SET ASIDE
UNDER SECTION 1236.
(General Heading as in Form 114.)
To A . B . the above-named plaintiff or C D . , the above-named
defendant.
Take notice t h a t this action which was struck out (or in which
j u d g m e n t was entered in the absence of the plaintiff or defendant
as the case may be) will be called on for h e a r i n g on
the day of 19 at o'clock of the fore-
noon; when your attendance is required.
Dated this day of , 19 .
District J u d g e .
N o . 122.
D I S T R I C T COURT W R I T OF S E I Z U R E AND SALE.
(Section 1208.)
(General Heading as in Form. 114.)
To the Bailiff of the Court.
You are hereby required and commanded to levj and m a k e or
cause to be levied and made of the moveable property and debt's
liable to be seized under a District Court writ of seizure and sale
belonging to C D . , now or late of b y seizure and if it be
necessary by sale thereof | which A. B . , lately recovered
in this Court against the said C D . , b y a j u d g m e n t dated the
day of 19

N o . 123.
D I S T R I C T COURT W R I T OF P O S S E S S I O N .
(Section 1209.)
(General Heading as in Form 114.)
To the Bailiff of the Court.
_, W h e r e a s lately b y a j u d g m e n t of the Court A. B . recovered
possession of all t h a t (give particulars of the piece of land) with
the appurtenances in this district. Now you are hereby required
and commanded to enter the same and cause the said A . B . with-
out delay to have possession of the said land and premises with
the appurtenances.
N o . 124.
D I S T R I C T COURT W R I T OF D E L I V E R Y .
(Section 1209.)
(General Heading as in Form 114.)
To the Bailiff of the Court.
You are hereby required and commanded to seize and deliver
or cause to be delivered to the above-named A. B . the following
chattels t h a t is to say (here enumerate the chattels recovered hy
 725
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the judgment for the return of which execution has been ordered
to issue) which the said A. B. lately recovered against C B. (or
C D . was ordered to deliver to the said A. B.) in this Court and
you are further required and commanded that if the said chattels
cannot be found within your District you cause to be levied and
made of the moveable property and debts liable to be seized
under a District Court writ of seizure and sale belonging to the
said C D. by seizure and if it be necessary by sale thereof $
being the assessed value of the said chattels.

No. 125.
DISTRICT COURT W R I T OF ATTACHMENT.
(Section 1209.)
(General Heading as in Form 114.)
To the Bailiff of the Court.
You are hereby required and commanded to attach and bring
C D. the above-named defendant before this Court.

No. 126.
PETITION OF APPEAL FROM DISTRICT COURT.
(Section 1237.)
(General Heading as in Form 114.)
To the Court of Appeal at
The petition of A. B. the above-named plaintiff sheweth as
follows: —
1. The claim in the above action | is for the price of
goods sold.
2. By judgment dated the day of judgment was
entered for the defendant and for f costs.
3. Your petitioner is dissatisfied with the said judgment on the
grounds following: —
(Here state the particular grounds of appeal on which the
appellant relies.)
4. Your petitioner prays that such judgment may be reversed.
(Signature)
Appellant.

NOTE.
The following forms may, with such alterations as the circum-
stances of the case require, be used in District Courts : —
No. 2.—Change of Solicitors.
No. 10.—Indorsements of Characters of Parties.
No. 47.—Warrant to bring up Prisoner as Witness.
" No. 48.—Forms of Jurat.
726
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No. 57.—Authority for Forcible Entry in executing Writ

of Seizure and Sale.
No. 60.—Notice of Garnishment.
No. 61.—Garnishee Summons.
No. 62.—Consent to dissolve Garnishment.
No. 66.—^Warrant to arrest Judgment Debtor.
No. 67.—Judgment Debtor Summous.
No. 68.—Judgment Notice.
No. 69.—Warrants of Commitment.
No. 70.—Warrant of Discharge.
No. 71.—Order to arrest on Mesne Process.
No. 72.—Order to attach Property before Judgment.
No. 75.—Form of Affidavit for Distress.
No. 76.—Form of Power of Attorney to Distrain.
No. 77.—Form of Writ of Distress.
No. 78.—Affidavit for Forcible Entry in executing Writ of
Distress.
No. 79.—Authority for Forcible Entry iu executing Writ of
Distress.
No. 80.—Form of Inventory and Notice.
No. 81.—Affidavit to follow Goods.
No. 82.—Authority to follow'Goods.
No. 83.—Interpleader Summons.
No. 85.—Notice of Claim to Goods taken in Execution.
No. 86.—Notice of Plaintiff of Admission or Dispute of
Title of Claimant.
No. 87.—Petition for Probate.
N.B.—The statements required by Section 1220 inust
be added.
No. 88.—Caveat.
No. 89.—Citation.
No. 90.—Administration Oath.
No. 91.—Administration Bond.
No. 92.—Grant of Probate.
No. 93.—Grant of Letters of Administration.
No. 97 & 98.—Terms of Advertisements.
Where Warrants or Writs are issued from a District Court they
should not be issued in the name of the King, but should be
addressed to the Bailiff as in Forms 122 et seq.
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SCHEDULE B.

PART I.

F E E S IN SUPREME COURT.

Document on which, the '

Fees. Stamp is to be affixed aud
remarks.

SUMMONSES, WRITS, COMMISSIONS, AND WARRANTS. $ c.

1. On sealing a Writ of Summons for the com- 5 00 A duplicate of the Writ

mencenoent of an action of Summons.
2. On sealing a concurrent renewed or amended 1 00 A duplicate of the con-
Wi'it of Summons for commencement of current, etc., Writ.
an action
3. On sealing a notice for service under Sec- 1 00 A duplicate of the
tion 158 notice.
4. On seahng a notice of Writ for service out 1 00 Prsecipe.
of the jurisdiction.
5. On amending a Writ 2 00 A duplicate of the Writ
of Summons.
6. On sealing a Writ of Subpcena not exceed- 1 00 Prsecipe.
ing three persons
7. On application for any officer of the Court 2 00 Do.
to attend as a witness or to produce ,
records or documents
8. On sealing an instanter Writ of Subpoena . 2 00 Do.
9. On sealing every other Writ 1 00 Do.
10. On sealing or issuing a permanent com- 50 00 Do.
mission to take oaths or affidavits or
acknowledgments in the Supreme Court
11. iOn everv other com mission... 5 00 Do.
12. On marking a Writ of execution for renewal 1 00 Do.
or sealing notice of renewal under '
Section 588
13. On marking any other Writ for renewal ... 1 00 Do.
14. On sealing an Interpleader Summons 2 00 A duplicate Summons.
15. On sealing an originating Summons 5 00 Do.
16. On amending the same 1 50 Prsecipe.
17. On sending a judgment debtor's Suininons 2 00 A duplicate Summons.
or Judgment Notice
18. On sealing any other Summons 2 00 Do.

APPEARANCES.

19. On entering an appearance for each person, 2 00 The memorandum.

including the filing of the same, and
sealing and marking dupHcate
20. On amending the same 2 00 Prsecipe.
728
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SCHEDULE B.—continued.

Document on which tho

- Fees. Stamp is to be affixed and
remarks.

OFFICE COPIES. 1 c.
21. On making a copy and marking the same 0 25 Prsecipe.
as an office copy, for each folio
22. On examining a written or piinted copy 0 10 Do.
and marking same as an office copy, for
each folio but in no case less than
10 cents
23. On copy of a plan, map, section, drawing, The Paid in cash to the
photograph or diagram required to actual person preparing the
accompany any order cost. same.
OATHS.

24. On taking or re-taking an affidavit or a 0 75 The affidavit or declara-

declaration in lieu of an affidavit or a tion.
declaration, for each person making the
same
25. On each exhibit referred to in an affidavit, 0 25 Do.
and required to be marked
26. On each document referred to in a deposi- 0 25 The deposition.
tion, and required to be marked

EXAMINATION OF WITNESSES.

27. On every appointment for an examination 3 00 Prsecipe.

to be taken before an officer of the
Court

28. On every witness sworn and examined by an 3 00 The deposition.

officer of the Court in his office, includ-
ing oaths, for each hour or part of au
hour
I\^.B.—This fee does not relate to the exam-
ination of witnesses in an is,sue tried
before such officer or on account or
inquiries referred to him.

FILING.

29. On filing a special case or petition of right 10 00 The special case or

petition.
30. On filing an affida-wt or deposition or set of 0 50 The affidavit or depo-
depositions, including any documents sition.
annexed to any such affidavit or
deposition
31. On filing each pleading 2 00 The pleading.
 729
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SCHEDULE B . — c o n t i n u e d .

Document on which the

Stamp is to be affixed and
remarks.

FILING—continued. $ c.
32. On amending each pleading 2 00 The pleading.
33. On filing a petition other than a petition of 2 00 The petition.
right
34. On filing any consent paper 2 00 The consent paper.
35. On filing a transcript of account by the 1 00 The transcript.
Accountant-General
36. On.flling a memorandum of appearance by 2 00 The memorandum.
a solicitor, where a party has originally
appeared in person, or of change of
solicitor, or of discharge of solicitor or
of change of address for service
37. On filing a memorandum of confession 3 00 Do.
or consent, and of the particulars of
judgment to be entered under Sec-
tion 566
38. On filing submission to arbitj^-ation award, 1 00 The document filed.
warrant of attorney, cognovit, bail,
satisfaction, piece bond, writ of execu-
tion with return, inventory, account or
particulars
39 On filing a minute of judgment under 3 00 The minute.
Section 555
40. On entering satisfaction of a judgment 2 00 Do.
under Sections 598 or 599.

CERTIFICATES.

41. On certificate of a pleading, affidavit or 1 00 Prsecipe,

proceeding having been entered, filed or
taken or of the negative thereof, but
not including certificate of the result of
accounts or inquiries under judgment or
order of Court, or of search for appear-
ance
2 00 Do.
42. On certificate under Section 16

SliAECHES AND INSPECTIONS.

1 00 Do.
43. On an appKcation to search for appearance
for each defendant in respect of whom
search is made, including certificate of
the result of such search 0 25 Do.
44. On an application to inspect the Index of
proceedings in an action
730
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE,

SCHEDULE B.—continued.

I Document on which i
Fees. Stamp is to be affixed
'. remarks.

SEARCHES AND INSPECTIONS—continued. $ c.

45 On a n application for a list of all documents 1 00 Prajcipe.
filed in an action, including m a k i n g
such list under Section 16
46. O u a n application to inspect an affidavit or 0 25 Do.
other document filed, for each affidavit
or document
47. On an apphcation t o be allowed t o copy a n 0 25 Do.
affidavit or other document filed, for
each affidavit or docunnent
3[.B.—The last four items cannot be m a d e
use of to obtain t h e information
properly obtainable u n d e r item 4 3 , a n d
t h e proper officer m a y refuse to allow
t h e information t o be so obtained or by
inspection of Fee Books or Cause Books.
48. O n a n application t o search and inspect 0 2'5 Do.
Register of Wills or I n d e x of Wills

HEARING.

49. On entering or setting down or, unless the 10 00 Do.

fee has been remitted by t h e Court, or
re-entering or re-setting down a cause
for trial or hearing or on motion for
judgment, including a special case or a
cause on assessment of damages b u t u o t
a petition nor a Summons adjourned
from Chambers
60. On e n t e r i n g or setting down a n y cause for 5 00 Do.
further consideration
5 1 . On entering or setting down a n appeal t o 15 00 Do.
t h e Court of Appeal
52 On every reference t o an officer of t h e Court 5 00 Do.
53 On issuing an office copy of a j u d g m e n t ,
including a n order on further considera- Per hour
or part of
tion, whether of t h e Supreme Court or an hour.
t h e Court of A p p e a l : —
(a) if made i n Court 10 00 Do.
(6) if n o t made in Court . . . 5 00 Do.
54. On a n order for t h e admission of a n 500 00 Order.
A d v o c a t e a n d Solicitor
N.B.—This fee may be remitted by t h e
Governor in t h e case of a n officer of t h e
Government.
55. O n d r a w i n g u p a n order, if made on t h e 5 00 Do.
hearing of a n originating S u m m o n s
 731
A.D. 1 9 0 7 .
Schedules.
C I V I L P R O C E D U R E CODE.

SCHEDULE B.—continued.

Document on which the

Fees. Stamp is to be affixed and
remarks.

HEARING—continued.

66. If made under Sections 205, 363 or 368 ... 5 00 Order.

57. If made on an application under Section 953 5 00 Do.
(1) to (7), (12) and (13), or under
Section 15 of Ordinance No. 40 (Bills of
Sale) or Section 25 of Ordinance No.
148 (Registration of Deeds)
58. On any other order ,,, 2 00 Do.
W.B.—The fees for issuing office copies of
decrees include making the copies and
for orders the drawing of same.
TAKING ACCOUNTS.
59. On taking an account of moneys received 1 00 Certificate,
by a receiver, committee or guardian,
consignee, bailee, manager, provisional
official or voluntary liquidator, or
sequestrator, or of an executor, adminis-
trator or trustee, agent, solicitor, mort-
gagee, co-tenant, co-partner, execution
creditor or other person liable to account,
when t h e amount found to have been
' received •without deducting any pay-
ment shall not exceed $1,000
Where such amount shall exceed $1,000, for 0 26 Do.
every $250 or fraction of $250
i\^..5.—In the case of any such receiver,
committee, guardian, consignee, bailee,
manager, liquidator, sequestrator or
execution creditor the fees shall upon
' payment be allowed in the account,
unless the Court or Judge shah other-
•wise direct, and in the case of taking
the accounts of such other accounting
parties the fees shall be paid by the
party having the conduct of the order
under which such account is taken
as part of his costs in the cause or
matter, unless the Court or Judge shall
otherwise direct, and in such case shall
be taken upon the certificate of the
result of any such account, but the fees
shall be due and payable, although no
certificate is required on the account
taken or on such part thereof as may
be taken, and, the soUcitor or party
732
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE B.—continued.

Document on which the

Stamp is to be affixed and
remarks.

TAKING ACCOUNTS—coniinwec?.

suing in person shall in such case cause

the proper stamps, the amount thereof
to be fixed by the Registrar, to be
impressed on the account.

TAXING OP COSTS.

60. On taxing a bill of costs, where the amount 1 00 Bill of costs.

allowed does not exceed $50
Where the amount exceeds $50, for every 0 50 Do.
additional $50 allowed or a fraction
thereof
N.B.—These fees, except where otherwise
provided, shall be taken on signing the
certificate or on the allowance of the bill
of costs as taxed, but the fees shall be due
a-nd payable if no certificate or allocatur
is required on the amount of the bill as
taxed or on the amount of such part
thereof as may be taxed, and the
solicitor or party suing in person shall
in such case cause the proper stamps,
the amount thereof to be fixed by the
Registrar, to be impressed on the bill
of costs.
61. On certificate or allocatur of the result of 2 00 Certificate.
the taxation
N.B.—Where a plantiff is entitled to a lump
sum for costs under Section 195, the
same fees shall be payable as if a bill of
costs had been taxed for the amount of
such lump sum, and a certificate or
allocatur had been signed.

PETITIONS AND MOTIONS.

62. On answering and setting down for hearing 5 00 Petition,

in Court a petition by which any pro-
ceeding is commenced unless other-
wise provided
63. Petition of course for taxation of solicitor's 3 00 Do.
bill of costs, including the order and
service of order and filing of petition
 733
A.D. 1 9 0 7 .
- * • Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE B.—continued.

Document on which the

Stamp is to be affixed and
remarks.

PETITIONS AND MOTIONS—continued. $ c.

64. On answering and setting down for hearing 5 00 Petition.

in Court a petition for leave to appeal to
the King in Council '
65. On answering and setting down for hearing 25 00 Do.
in Court a petition of a solicitor's clerk
to be examined
66. On answering and setting down for hearing 3 00 Do,
any other petition not before specified
67. On filing motion paper originating pro- 5 00 Motion paper.
ceedings
68. Cki filing a motion paper in any cause or 1 00 Do.
matter, including hearing

MISCELLANEOUS.

69. On vacating a recognizance... 2 00 Prsecipe.

70. On a reference to the Registrar for the 5 00 The certificate of the
purpose of any investigation or inquiry, Registrar.
other than the taking of accounts and
inquiries under a judgment or for the
examination of witnesses
71. On taking a recognizance or bond, whether 6 00 The recognizance or
one or more than one recognizer or bond.
obligor, and whether entered into by all
at one time or not
72. On assignment of a bond ... 2 50 The assignment.
73. On taking an acknowledgment by a married
woman of a deed :—
(a) If takea by a Judge or Registrar 1 00 Prsecipe.
(6) If taken by a Registrar or other 5 00 Do.
Officer of the Court outside the
Court House
74. On a commitment or attachment 2 00 The order.
75. On a certificate or report by the Registrar 3 00 Certificate or report.
to the Court, not being a certificate of
costs
2 00 Prsecipe.
76. On registering a lis pendens
On re-registering the same ,.,
0 50 Do.
25 00 The order.
77. On admission of a solicitor's clerk to appear
in Chambers
734
AD. 1 9 0 7 .
Schedules
CIVIL PROCEDURE CODE.

SCHEDULE B.—continued.

Document on which the

Fees. ; Stamp is to be affixed and
I remarks.

MISCELLANEOUS—continued. $ c.

78. O n application for certificate of g r o u n d s of 2 00 Application.

j u d g m e n t under Section 1127 (4)
79. On application to R e g i s t r a r t o prepare 5 00 Do,
I n d e x of Documents in appeals t o t h e
K i n g in Council
80. P r e p a r i n g I n d e x for every sixteen papers... 1 00 Prsecipe.
8 1 . On registering articles of clerkship of a 250 00 Affidavit of execution
law clerk of contract.

TRANSLATIONS MADE BY T H E SWORN I N T E R -

PRETERS OP T H E C O U R T IN ANY OP T H E
LANGUAGES IN AVHICH THEY ARE QUALIFIED
TO I N T E R P R E T .

82. O n translations made for use in t h e Supreme

Court i n a n y action cr proceeding;—
F o r each folio 0 30
N.B.—On presentation of t h e Prsecipe, which
must be signed a n d dated, it must bear
a s t a m p for a t least t h e first folio of
translation. T h e folios will be reckoned
on t h e E n g h s h translation when ready,
and t h e fee must be made u p t o t h e
fuU a m o u n t before t h e translation can
be delivered out.

ACCOUNTANT-GENERAL'S O F F I C E .

83. On a certificate of t h e a m o u n t a n d descrip- 0 50 T h e request.

tion of a n y money, funds or securities,
including t h e request therefor
84. On a t r a n s c r i p t of an account for each 1 00 Do.
opening, including t h e request therefor
85. On a request t o t h e Accountant-General for 1 00 Do.
information i n w r i t i n g respecting a n y
moneys, funds or securities i n Court or
any transaction in his office

DISTRESS.

86. O n filing affidavit, including t h e issue of 15 00 Affidavit.

notices
87. Order to sell 0 25 Order.
88. Commission on sale ... 5 per P a i d in cash to the
cent. Sheriff.
 735
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE ^.—continued.

Document on which the

Fees. Stamp is to be affixed and
remarks.

PROBATE. $ c.

On filing p e t i t i o n for P r o b a t e or L e t t e r s of 5 00 T h e petition.

A d m i n i s t r a t i o n , or for re sealing t h e
same, including t h e fees for t a k i n g and
filing t h e affidavit, verifying t h e petition
a n d on a n s w e r i n g a n d s e t t i n g d o w n t h e
petition for h e a r i n g in C o u r t
, On e x t r a c t i n g g r a n t of P r o b a t e or L e t t e r s 2 00 Praecipe.
of A d m i n i s t r a t i o n , a n d on re-sealing the
same
, On engrossing copy of a will or codicil 0 10 Do.
or of a n y t r a n s l a t i o n thereof or other
d o c u m e n t t o a n n e x to g r a n t or for
exemplification, if in t h e E n g l i s h lan-
guage per folio
If in a n y o t h e r language, per folio of t h e 0 15 Do.
English t r a n s l a t i o n
, On every exemplification of a p r o b a t e or 1 00 Do.
l e t t e r s of a d m i n i s t r a t i o n , w i t h or with-
o u t t h e will annexed, in a d d i t i o n to t h e
fees for engrossing
. On every o t h e r office copy from a n y will or 0 25 Do,
probate, a d m i n i s t r a t i o n act or other
d o c u m e n t filed in t h e R e g i s t r y n o t
exceeding t h r e e folios
, Every subsequent folio 0 10 Do.
, O n e n t r y of every caveat, including notice 1 00 Do.
to t h e other Registries, a n d notice to
the petitioner
O n w i t h d r a w i n g a c a v e a t including notice 0 50 Do.
On filing a caveat ... 1 00 Do.
On application to search caveat books, 0 50 Do.
including certificate of result of search
On d r a w i n g necessary papers for a p p l i c a n t 5 00 Do.
on a p e t i t i o n for P r o b a t e or for L e t t e r s
of A d m i n i s t r a t i o n or for re-sealing t h e
same
On sealing a c i t a t i o n or summons 0 50 Do.
On e^ery a p p e a r a n c e t o a citation ... 0 50 Do.

SHERIFF'S OFFICE.

On serving every w r i t of summons, sub- 0 75 Do.

pcena, citation, summons, notice or order
served b y t h e Sheriff, for each person
served
736
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE B.—continued.

; Document on which 1
Fees. ' Stamp is to be affixed
remarks.

SHERIFF'S OFFICE—continued. $ c.

103. If the Defendant or party served is beyond 0 25 Prsecipe.

two miles from the Court House, for
every additional loile
N.B.—If sent to a Dif trict Court for service
the mileage will be calculated from the
District Court. The fee in all cases
will be paid in the Court of issue.
104. For executing every writ of execution, 2 00 Do.
order of arrest or order of attachment
of property
105. For releasing property seized by instructions 2 00 Do.
of party issuing the writ
106. For every notice of punishment 1 00 Do.
107. Poundage 5 per cent, to be charged on the Paid in cash to
first $500 and 2i per cent, upon all Sheriff.
above that sum when levied by seizure
. and sale shall include Auctioneer's
commission
Where the sale is made by private contract Do.
only half the poundage will be payable
108. For each man in possession necessarily 0 30 Do.
employed in taking charge of any pro-
perty under seizure, per diem
If the property is situated outside Municipal 0 50 Do.
limits
109. For removal of goods or animals to a place The Do.
of safs keeping, when necessary actual
cost.
110. When goods or animals are removed for Do.
warehousing, and taking charge of the
same, including feeding of animals,
2 | per cent, on the value of the goods
or animals removed or the sum endorsed
" on the writ of execution whichever is the
less. No fees for keeping possession of
the goods or animals, shall be charged
after the goods or animals have been
removed
111. For the inventory and valuation, catalogu- Do.
ing, lotting and preparing for sale when
no sale takes place by reason of the
execution being withdrawn, satisfied or
stopped, 2 per cent, on the value of the
goods
 • 737
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.
SCHEDULE H.—continued.

' • • • " ; • " ^ - ' "

Document on which the

Fees. Stamp is to be affixed and
remarks.

S H E R I F F ' S OFFICE—con<mM«rf. % c.

112. F o r a d v e r t i s i n g a n d eiving publicity to tlie Tlie Paid ill ca.sk to (lin

sale b y a u c t i o n sum Sheriff.
N.B.—In every case w h e r e a n execution is actually
w i t h d r a w n , satisfied or stopped t h e fees paid.
shall b e paid b y t h e person issuing t h e
execution or t h e person a t whose
, . i n s t a n c e t h e sale is stopped, a n d tho
a m o u n t of a n y costs a n d charges pay-
able u n d e r t h i s scale shall be t a x e d by
t h e R e g i s t r a r , or if t h e R e g i s t r a r a n d
t h e Sheriff a r e the same person, b y t h e
J u d g e , in case t h e Sheriff a n d the
p a r t y liable to p a y such costs a n d
charges differ as t o t h e a m o u n t thereof.
i

PART II.

F E E S I N D I S T R I C T COURTS.

Scale of Fees.

COURT FEES IN DISTRICT COURTS.

1. On .sealing a Summons for commencement of au action against

the Defendant:—
Where amount or value of claim does not exceed $10 0 50
Exceeds $ 10 but does not exceed $ 25 1 00
„ 'S 25 „ „ § 50 2 00
.„ •? 50 „ „ $100 ._ 3 00
•. „ stration
$100, or is for recovery of a tenement or admini(.._ 5 00
of an estate or the amount or value of claim is not
ascertained
For each additional Defendant 0 25
Where the defendant sets up a defence in the nature of a cross
V action by way of set-off' or counterclaim he will be required
to pay the like Court Fees as for a Summons for the amount

Vol. I I . ' ~ ~ 47
733
A.D. 190V.
Schedules.
C I V I L P R O C E D U R E CODE.

SCHEDULE B . — c o n t i n u e d .

Scale of Fees.

COURT FEES IN DISTRICT COURTS—continued.

On sealing a Summons for service out of the jurisdiction

For every subpcena to a witness
For every notice of any application to the Court or District
Judge or of re-hearing
N.B.—A separate fee shall be payable for each person to
whom notice has to be given.*
For every application not made at the hearing
Notice of every postponement of a hearing, if necessary
Drawing affidavit and administering oath ...
For every translation made by sworn Interpreter of the Court,
every folio
For every search
10 For every order of arrest, commitment or attachment ...
11 For every bond ... ..."
12 For making copies of evidence, depositions, orders, records and
all other proceeding of the Court, including attestation by
the District Judge, per folio
N.B.—In case the expense of making copies of documents
transmitted under section 1239 shall at the last-
mentioned scale amount to more than $5 the difference
shall be payable.
12A. For making copies of proceedings wheu called for by the
Supreme Court under section 13 of Ordinance No. (Courts
Ordinance) including attestation by the District .Judge, per
folio
12B. For every Notice of Garnishment...
12c. For sealing every Writ of Delivery or of Possession
12D For every garnishee, interpleader or other summons not specifi-
cally provided for
N.B.—The fee for an interpleader summons shall be paid
by the claimant.
13. For sealing every writ of execution other than a writ of
delivery or possession :—
Where the amount to be levied does not exceed $10
Exceeds $ 10 but does not exceed $ 25 ...
:, $ 25 „ „ $ 50
„ $ 50 „ „ $100
$100
When the amount to be levied exceeds $100, in addition to the
above fee, poundage at 5 per cent, will be charged when levied
oy seizuie and sale to include Auctioneer's commission.
If a sale is with the consent of tho parties made by private
contract only half poundage will be charged.
14 For every Judgment Summons or Judgment Notice
 739
A.D. 1 9 0 7
Schedules.
C I V I L P R O C E D U R E CODE.

SCHEDULE li.—continued.

Scale of Fees.

COURT F E E S IN DISTRICT GOVRTB—continued.

15 On filing petition for Probate or Letters of Ailministration 00

This fee shall include all Court fees and charges and expenses
whatsoever in respect of the drawing of the necessary
papers and of the application.
16 On filing affidavit for distress including notices where rent does 50
not exceed $50
Where rent exceeds $ 50 but does not exceed $ 75 G 00
„ $ 75 „ * „ $100 7 50
„ $100 „ „ S250 10 00
„ $250 „ „ ,$500 15 00
This scale shall be payable in addition to the fee uuder item 7.
Commission, on sale payable to the Bailiff in cash :—
Where the amount realized does not exceed $ 50 1 2.-,
„ exceeds $ 50 but does not exceed $ 75 to
„ $ 75 „ „ $100 00
„ $100 5 per cent.
N.B. :—
(i) The fee for process or notice includes drawing and making
copies for service and service by the Court of issue or any
otlier District Court, but if served by the Sheriff or by any
Foreign Court the charges of sucli Sheriff or Foreign Court,
if any, must be jsaid. Where substituted service has been
ordered an additional fee of 50 cents shall be paid for effect-
ing such substituted service on each persou to be so served,
(ii) The fees for cross action by way of set off or counterclaim
include drawing particulars, copy and service on the
Plaintiff:
(iii) On bespeaking translation, tlie applicant must pay the fee
for the first folio, and the fees will be reckoned ou the
length of the English translation,
(iv) The fee for a bond is in addition to the Revenue Stamp,
(v) The scale for distress includes the cost of trau,sport and all
other expenses of whatever nature save that, in actions
where the tenant disputes the landlord's claim and wit
nesses have to be subpcenaed, 25 cents must be paid for
each subpcena, and where watchmen are kept in charge of
property distrained 30 cents a day if within the Municipal
limits or 50 cents a day if outside Municipal limits must;
be paid for each man ; and where animals have to be fed
the actual cost of feeding shall be allowed, and at any
sale under a distress a fee of 50 cents shall be allowed for
a crier ;, these payments shall be deemed to be costs of the
. ;^.vdistress. Where the sale is made by an auctjionecr the
"commission shall include the auctioneer's commission.

47A
Vol. I I .
740
AD. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.

COSTS IN SUPREME COURT.

Lower Scale. Higher Scale.

WRITS OP SUMMONS AND WARRANTS.

1. Writ of Summons for commencement of any action 3 00 6 00

2. And for indorsement of claim, if special ... 2 25 2 25
3. Concurrent Writ of Summons 3 00 3 00
4. Renewal of Writ of Summons 3 00 3 00
5. Writ of Summons for service out of the jurisdiction 3 00 3 00
6. Notice of Writ for Service in lieu of Writ out of 2 00 2 25
Jurisdiction
7. Writ of Subpcena Ad Test, or Duces Tecum 3 00 3 00
8. And if more than 4 folios, for each folio beyond 4 0 50 0 50
9. Writ of Subpoena Ad Test, for any number of 3 00 3 00
persons not exceeding three, and the same for
every additional number not exceeding three
10. Writ of execution or other Writ to enforce any 3 00
judgment or order
11. And if more than 4 folios, for each folio beyond 4 0 50 0 50
12. Procuring a Writ of execution or notice to the 3 00 3 00
Sheriff' marked with a feal of renewal
13. Notice theret f to the Sheriff 2 00 2 50
14. Any Writ not included in the above 3 00 4 50
15. These fees include all indorsements and copies or
prsecipes for the officer sealing them, and
attendances to issue and seal, but not the
Court fees.
16. Summons to attend at Chambers ... 1 50 3 00
17. Or, if special, at Registrar's discretion, imt exceeding 6 00 10 00
18. These fees include the copies for the officer sealing
and attendance to issue
19. Originating Summons for proceedings in Chambers, 10 00 10 00
at Registrar's discretion, not exceeding
20. Indorsing tho same with date of new return day, 3 00 3 00
where necessary
21. These fees include the copies for the officer sealing
and attendance to is'ue and seal copies for
service.

SERVICES AND NOTICES.

22. Service or filing in lieu of service of any writ, 2 00 2 00

pleading, interrogatories, petition, order or
notice on a party who has not entered an
appearance, and if not authorized to be served
by post
23. Affidavit of service, including copy_ when required 2 00 2 00
 741
A.D. 1 9 0 7 .
Schedules
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

Lower Scale. Higher Scale.

SERVICES AND NOTICES—continued. if c. $ a.

24. If served at a distance of more than two miles 0 50 0 50
from the place of business or office of the
solicitor serving the same, for each mile
beyond such two miles therefrom
25. Where, in consequence of the party to be served 3 00 3 00
not being in the Set.tlement where the pro-
ceedings are taken, it is proper to effect such
service through an agent, for correspondence
in addition
26. Where more than one attendance is necessary to
effect service or to ground au application
for substituted service, such further allowance
may be made as the Registrar thinks fit.
27. For service out of the jurisdiction such allowance
may be made as the Registrar thinks fit.
28. All fees for service other than by a Court Process
Server are in the discretion of the Registrar,
and the cheapest means of effecting service
must be taken.
29. Service, where an appearance has been entered or 1 00 1 00
an address for service given
30. Or if authorised to be sent by post 0 50 0 50
31. Where any writ, order and notice or any two of
them have to ba served together, one fee only
for service shall be allowed.
I n addition to the above fees the following
allowances shall be made :—
32. As to writs for each copy for service 0 75 1 00
0 75 1 00
33. As to summons to attend at chambers for each
copy to serve 1 00
0 75
34. As to affidavits for each copy to serve 0 20 0 20
35. Or per folio ... ... ••• ••• 0 50 0 50
36. Di awing and preparing notices in pi'0?eediiigs to
wind up companies, each notice to creditors to
attend and receive debts, and to contributories
to settle list of contributories 0 50 0 50
37. And for drawing notices to be served on contri-
butories or creditors of a meeting, per folio 0 20 0 20
38. For each copy of the last mentioned notice to
serve, per folio 0 50 0 50
39. For preparing or filling up for service in any other
cause or matter, each notice to creditors to
prove claims and each notice that cheques
may be received, specifying the amount to be
•^ received for principal and interest and costs,
if any
742
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

Lower Scale. Higher .Scale.

SERVICES AND NOTIGRS.—continued. $ c. $ c.

40. For preparing notice to produce on the hearing 2 00 3 50
or tiial of an action or. notice to admit
41. If special or necessarily long, such allowance as 0 30 0 50
tlie Registrar thinks proper, not exceeding
per folio
42, And for each copy be^'ond the first such allowance 0 20 0 20
as the Registrar shall think proper, uot ex-
ceeding per folio
43. For preparing motion paper, including copy for
Judge ... 2 50 3 00
44. Or per folio 0 50 0 50
45. For preparing notice of motion 1 50 2 00
46. Or per folio 0 50 0 50
47. Copy for service 0 60 0 80
48, Or per folio 0 20 0 20
49. For preparing auy necessary^ or proper notice not 0 60 0 60
otherwise provided for
50. Or if special and necessarily exceeding three folios, 0 50 0 50
for each folio
51. For each copy for service fer folio 0 20 0 20
52. Copies for service of Interrogatories and petitions 0 20 0 20
and ot orders with necessary notices, if any,
to accoaipany, per folio
53. Except as otherwise provided the allowance for
services includes copies for service.
54. Where notice of filing affidavits is required, only
one notice shall be allowed for a set of affidavits
filed or which ought to be filed together.
55. Where any appointment is or ought to be
adjourned, ssrvioe of notice of the adjourn-
ment or next appointment shall not be
allowed.

APPEARANCES.

56. Entering appearance including requisition 3 00 3 00

57. If entered at one time, for more than one person, 0 60 0 60
for every Defendant beyond the first
*58. If a person appearing to a Writ of Summons to 3 00 3 00
recover immovable property limits his defence
by his memorandum of appearance, in addition
to the above
60. The fee for search will not be allowed if proper
notice of appearance has been given.

* There is no Item No. 59,

 743
A,D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE,

SCHEDULE C.—continued.

— Lower Scale. Higher Scale.

,
INSTRUCTIONS. $ a. $ c.

6l'. To sue or defend ... 3 00 6 00

62. For statement of claim or special case 6 00 20 00
63. For indorsement of Writ of Summons, wheu uo 6 00 10 00
further statement of claim
64. For originating Summons $3 or not to exceed ... 10 00 10 00
65. For defence or further defence 3 00 6
66. For counterclaim ... O 00 6
oc
00
67. For reply, when defendant sets up a counterclaim 6 00 10 00
68. For reply or further reply, in any other case, with 3 00 6 00 :
or without joinder of issue
69. For confession of defence ... 3 00 6
70. For joinder of issue without other matter 3 00
oo"
G 00
71. For special petition auy other pleading, uot being 3 00 6 00
a summons, and interrogatories for examina-
tion of a party or witness
72. For statements of facts such fee may be allowed
as the Registrar shall thirds fit having regard
to all the circumstances of the case.
73. To amend any pleading ... 3 00 6 00
74. For affidavit in answer to interrogatories and 3 00 6 00
other special affidavits
75. For affidavits of service aud matters of form only,
no fee for instructions shall be allowed.
76, To appeal against order of Court or Judge aud to 6 00 10 00
appear thereon
77, To add parties by order of Court or Judge 3 00 6 00
78. To make any application to a Court or Judge ... 3 00 G 00
79. The Registrar may allow a general fee for instruc-
tions for trial, for attendances upon witnesses,
and procuring evidence and getting up the
case, having regard to all the circumstances.
This fee can only be allowed once in an action.
80. Or the details of the work done may be separately
charged for, in which case the general fee will
not be allowed.
80A, The Registrar may allow a general fee for getting
up a case for appeal having regard to all the
circumstances.

DRAWING PLEADINGS AND OTHER DOCUMENTS.

20 00 30 00
81. Statement of claim, when not settled by Counsel
1 50 1 75
82. Or per folio...
 <rfR.
744
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

• Lower Scale. Higher Scale.

DRAWING PLEADINGS AND OTHER DOCUMENTS—aontd. $ c. $ c. *

83. Statement of claim, if settled by Counsel 5 00 10 00

84. Or per folio... 0 50 0 50 •
85. Defence and counterclaim, wheu not settled by 20 00 30 00
Counsel
86. Or per folio... 1 50 1 75
87. Defence and counterclaim, if settled by Counsel 2 50 5 00
88. Or per folio,.. 0 50 0 50
89. Reply with or without joinder of issue, confession 2 50 5 00
of defence, joinder of issue without other
matter, aud any other pleading, uot being a
petition or summons, and amendment of any
pleading
' 90. Or per folio... 0 50 0 50
91. Particulars, breaches and objections when required, 2 00 3'00
and oue copy to deliver
92. Or such amount as the Registrar thinks fit, not 0 30 0 50
exceeding per folio
93. If more than one copy to be delivered, for each 0 20 0 20
other copy per folio
NO fee is allowed for instructions for particulars,
etc.
94. Special case, whether original or in au action, 0 50 0 50
affidavits in answer to interrogatories, and
other special affidavits, special petitions and
interrogatories, per folio
95. Accounts, statements and other documents for 0 30 0 50
Chambers, when required, and fair copy to
leave not exceeding per folio
96. Advertisements to be signed by the Registrar, 3 00 6 00'
including attendance therefor
97. Bill of costs for taxation, including copy for 2 50 2 50
Registrar, for the first four folios
98. For every subsequent folio 0 30 0 30
99. A fee for drawing is not allowed in respect of
documents or extracts of documents including
letters which are set out verbatim in
affidavits.

COPIES.

100. Of pleadings and other documents and where no 0 20 0 20

other provision is made, per folio
101. Where several copies are taken simultaneously by 0 10 0 15
typewriter or other mechanical means, those
after the first will only be allowed at half
rates
 745
A.D. 1 9 0 7 .
Schedules.
C I V I L P R O C E D U R E CODE.

ScHEDUi,E C.—continued.

Lower Scale. Higher Scale.

$ c. $ c.
COPIES—continued.

102. Where, pursuant to order, or by agreement of 0 20 0 20

parties,* any pleading, special case or evidence
is printed the solicitor of the party printing
shall be allowed for a copy for the printer at
per folio
103. And for examining the proof print at per folio ... 0 10 0 10
104. And for printing the amount actually and properly
paid the printer.
105. And where any part shall properly be printed iu
a foreign language, or as a facsimile, or in
any unusual or special manner, or where any
alteration in the document being printed
* becomes necessary after the first proof, such
further allowance as the Registrar shall think
reasonable.
The allowances 102 to 105 shall include all
attendances on the printer.
106. Close copies are not to be allowed as of course,
but the aUowauce shall depend on the propriety
of making or sending the copies, which in each
case is to be shown and considered by the
Registrar.
107. Inserting amendments in any pleading, special 0 50 2 00
case or petition, if allowed, including the
attendance
108. Or per folio of amendment 0 20 0 20

PERUSALS.

109. Perusilsof co-defendant's pleadings shall not be

allowed, unless there is conflict between
Defendants.
UO. Of statement of claim, defence, reply, joinder of 00 6 00
issue or other pleading, not being a petition
in a pending cause or matter or a summons
other than originating summons, by the
solicitor of the party to whom the same are
delivered
111. Or per folio... 0 20 0 20
112. Of amendments of any such pleading, in 3 00 3 00
writing
113. Or per folio of amendment 20 0 20
114. If same re-printed 00 6 00
115. Or per folio of amendment 0 20 0 20
746
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

Lower Scale. Higher Sea

$ c. $ c.
PERUSALS—continued.

116. Of interrogatories to be answered by a party 3 OO 6 00

by his solicitor
117. Or per folio... ' 0 20 0 20
118 Of special case or statement of facts by the 3 00 6 00
solicitor of any party except the one by
whom it is prepared
119, Or per folio... 0 20 0 20
120 Of copy order to add parties, notice of Defendant's 3 00 6 00
claim against any person not a party under
Section 158, aud of Defendant's defence and
counterclaim served on a person not a party
under Section. 275, by the solicitor of the
party served therewith ; and in these several
cases the perusal of the Plaintiff's statement
ot claim is also to be allowed, unless the
solicitor has been previously allowed such
perusal
121 Or per folio... 0 20 0 20
122 Of notice to produce on trial or hearing of 3 00 G 00
action, and notice to admit by the solicitor of
the party served
123 Or per folio... 0 20 0 20
124 Or if to admit facts 0 50 0 50
125 Of affidavit in answer to interrogatories by the 0 20 0 20
.solicitor of the party interrogating, and of
other special affidavits by the solicitor of
the party against whom the same can be read,
per folio
126. Of a petition in a pending cause or matter by 0 20 0 20
the solicitor of the party to whom the same
is delivered, if necessary, not exceeding
per folio
127. Of Memorandum of Appeal, according to
circumstances in the discretion of the
Registrar.
128. No perusals shall be allowed between party and
party unless authorized by this schedule.

ATTENDANCES.

129. To search for appearance and take certificate 1 00 1 00

of result of search
130. This fee shall not be allowed in respect of a De-
fendant who has given notice of appearance.
 747
A.D. 1 9 0 7 .
Schedules.
C I V I L P R O C E D U R E CODE.

• SCHEDULE C.—continued.

Lower Scale. Highei Scale

ATTENDANCES—continued.

131. The fee covers search, on the same day, for

appearance by any number of Defendants in
the same action.
132. To amend Writ of Summons or originating 3 00 3 00
Summons, if allowed
133. To lodge mouey or securities in Court, including 3 00 3 00
the applications for a direction and attend-
ance upon the Accountant-General and at
Bank
134. Bespeaking certificate of Fund, and for same 2 00 2 00
135. To get the same re-dated ... 2 00 2 00
136. For transcripts of a::;counts, including attendance 2 00 2 00
bespeaking
137. To bespeak investment or transfer 2 00 2 00
138. To obtain payment out of Court, including 4 50 4 50
application for direction, attendance upon
Accountant-General, producing power of
attorney, if any, and identifying party, if
necessary
139. To notify Registrar that a case has been 3 00 3 00
settled, provided the notification is given
before the succeeding day's list is made
out
140 To obtain consent of next friend to sue in his 3 00 6 00
name or of a guardian at litem to act
141. To deliver, or file in lieu of delivery, any 1 50 3 00
pleading, not being a petition or summons
and a special case
142, Attendance to file pleadings 1 00 1 00
143, Fees for delivery of pleadings shall uot apply
where the same solicitor is for both parties.
144, To inspect or to produce for inspection documents 3 00 6 00
pursuant to a notice to admit
145. Or per hour 3 00 3 00
146 To examine and sign admissions ... 3 00 6 00
147. To inspect or to produce for inspection documents 3 00 3 00
referred to in any pleading, notice iu lieu of
pleading or affidavit pursuant to a notice
under Section 346
148. Or per hour... 3 00 3 00
149. To obtain or give any necessary or proper consent, 3 00 3 00
whether in or out of Court or Chambers, and
including the attendance on client or trustee,
and attesting his signature to a consent, if
necessary
150. To obtain an appointment to examine witnesses... 3 00 3 00
748
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

Lower Scale. Higher Scale

ATTENDANCES—continued. $ c. f c.
151. On examination of witnesses before a Registrar, 6 00 6 00
E x a m i n e r , Commissioner or other person
152. Or according t o circumstances, as t h e R e g i s t r a r
shall t h i n k fit.
153. On deponent being sworn, or by a solicitor or his 2 00 2 00
clerk to be sworn, to a n y affidavit in answer
to interrogatories or other special affidavit
. 154. A t t e n d a n c e to file affidavit shall not be allowed.
155. On a summons a t Judge's Chambers 3 00 3 00
156. Or according t o circumstances u o t to exceed 10 00 10 00
157. On adjournment, where no a r g u m e n t 1 50 1 50
158. On Couu5>el with brief or other papers 3 00 3 00
159. On consultation or conference with Counsel 6 00 6 00
160. To enter or set down action, special ca.se or appeal 3 00 3 00
for hearing or trial
161. To settle draft or minutes of a n y decree or order 3 00 6 00
162. Or a t t h e Registrar's discretion, u o t to exceed . . . 10 00 30 00
163. I n court on motion of course 5 00 10 00
164. To present petition for order of course and for 4 50 6 00
order
165. I n Court on evei'y special motion, each d a y 3 00 ' 6 00
166. Ou same when heard, where t h e solicitor is merely 6 00 ; 6 00
present to instruct Counsel each d a y
167. Or according t o circumstances n o t exceeding 20 00 20 00
168. I n Court on every special motion, where t h e
solicitor takes p a r t in t h e a r g u m e n t or pro-
ceedings, according t o circumstances in t h e
discretion of t h e Registrar, each day.
169. On special case or special petition or application 3 00 6 00
adjourned from Chambers, w h e n in t h e paper
for t h e d a y or likely to be heard
170. On same when heard t h e solicitor is merely 6 00 6 00
present to instruct Counsel, each day
171. Or according t o circumstances not exceeding 20 00 20 00
172. I n Coui't on special case or special petition or
application adjourned from J u d g e ' s Chambers,
w h e n t h e solicitor takes p a r t i n t h e a r g u m e n t
or proceedings, according t o circumstances in
t h e discretion of t h e R e g i s t r a r ,
173. Special motion or petition means a n y motion or
petition whether ex p a r t e or n o t other t h a n a
motion or petition of course.
174. I n Court on t h e hearing or trial of a n y cause or 10 00 15 00
m a t t e r or issue of fact, assessment of damages
when in t h e paper for t h e day
 749
A.D. 1 9 0 7 .
.^Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

Lower Scale. Higher Scale.

ATTENDANCES—continued. * c.

175. When heard or tried where the solicitor is merely 6 00 10 00

» present to instruct Counsel, each day
176. Or according to circumstances, not to exceed 30 00 30 00
each day
177. In Court on the hearing or trial of any cause,
matter or issue of fact, or assessment of
damageSjwliere the vSolicitor takes part in the
argument or proceedings, according to cir-
cumstances in the discretion of the Registrar.
178. Betore Registrar to proceed with accounts aud 6 OC 6 00
enquiries under decree or order of reference
179. Or per hour 4 CO 4 00
180. To hear judgment, when same adjourned 10 00 15 00
181. To deliver papers, when required, for use of a 3 00 3 00
Judge or Judges prior to hearing, but not
such as are required to be left ou setting
down .1
182. Ou taxation of a bill of costs 3 00 000
183. Or according to circumstances, uot to 20 00 0 00
exceed
184. To obtain or givean undertaking to appear 3 00 00
185. To present a special petition aud for same 3 00 3 00
answered
186. Or printer to insert advertisement iu Oazelte 3 00 3 00
or other paper
187. For .an order drawn up by Registrar or for 3 00 3 00
office copy of decree or judgment
188. For preparing or drawing up au order made G 00 G 00
at Chambers in proceedings to wind up a
Company, and attending for same
189. And for engrossing every such order per folio ... 0 20 0 20
190. On the Sheriff with writ of execution or process 1 25 1 25
for service
191. To make second search before signing judgment 1 00 1 00
iu default of appearance 2 50
192. To enter judgment by default final or interlocutory 2 50
or under an order of Court
193. Attendances to receive service of auy process or
notice shall not be allowed.
194. To examine title deeds with or without abstract iu 4 50 4 50
a cause for matter, per hour
195. To produce deeds for such purpose, per hour 3 00 3 00
196. To bespeak translations by sworn interpreter and 1 00 1 00
for same
750
A.D. 1 9 0 7 .
Schedules.
CIViL PROCEDURE CODE.

SCHEDULE C.—continued.

— Lower Scale. High iv Seal

ATTENDANCES—continued. •? c. $ 0.

197. Ou the solicitor for the other party when 2 50 2 50

necessary, and other proper and necessary
attendances •
198. Or if long and special not exceeding .,. 5 00 5 00
E.XHIBITS.

199. Fur marking each exhibit to an affidavit... 0 30 0 30

LETTERS.

200. Such letters as in the opinion of the Registrar 1 50 1 50

were necessary and proper to be written, and
not chargeable as notices
201. Or if long and special 2 00 to 5 00
WITNESSES.

202. The allowances to witnesses shall be in the discre-

« tion of the Registrar.

A fTENDANCES ON AND INSTRUCTIONS TO CoUNSBL.

203. On Counsel to advise 011 evidence... 3 00 6 00

.204. Or not to exceed ... 10 00 10 00
205. On Counsel to make any application to a Court 3 00 6 00
or Judge, where uo other brief
206. On brief ou motion for injunction 6 00 10 00
207. On brief on hearing or trial of action whether 10 00 1 20 00
such trial be before a .Judge or before a Referee
or on trial of an issue of fact or an assess-
ment of damages
208. On such brief when witnesses are to be examined
or cross-examined or brief on au appeal
such fees may be allowed as the Registrar
thinks fit having regard to all the circum-
stances of the case.
209. On brief on hearing of an originating sum- 10 00 20 00
mons
210. For brief on trial or hearing of cause, issue of fact, 0 50 0 50
assessment of damages, examination ot wit-
nesses, special case or petition before a Court,
Judge, Commissioner, Referee, Examiner or
Officer of the Court, when necessary and
proper, in addioion to pleadings, including
necessary and proper observations, per folio
 751
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE C.—continued.

ATTENDENCES ON COUNSEL—continued.

211. For brief on appeal in any cause, matter or

^ proceeding, per folio
212. For brief on application to add parties ...
213. Or per folio
214. For brief on further consideration, per folio
N.B.—The fees referred to in items 203 to
214 shall only be allowed where the
advocate briefed is not in the same firm
as the solicitor for the party on whose
behalf he is briefed.

AMOUNT TO BE ENDORSED FOB COSTS UNDER

SECTION 55.

215. For one Defendant... 30 00

3 00
216. For each extra Detendant...

AMOUNT ALLOWED FOR COSTS UNDER SECTION 195.

43 00
217. For one Defendant 3 00
218. For each extra Defendant...
752
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE.

SCHEDULE D.

CCSTS IN DISTRICT COURTS.

Sum. Suing. Defending. Advocacy.

.ADVOCATES' AND SOLICITORS' FEES. $ $ $

Where the claim does not exceed $100 nil. nil. nil.
Where the claim ex seeds $100 but does no b 3 3 12
exceed §150
Exceeds $150 but not $200 4 4 16
Do, 200 do. 250 i 5 5 20
Do. 250 do. 300 1 6 6 24
Do. 300 do. 350 1 7 7 28
Do. 350 do. 400 I 8 8 32
Do. 400 do. 450 9 9 36
Do. 450 do. 500 10 10 40

N.B.—(i) The fee for suing includes warrant to act, instructions, issue
of process and every other proceeding vchatsoever dovcn to the issue of
execution except advocacy at the trial.
(ii) The fee for defending includes warrant to act, instructions, notice
of special defence and every other proceeding, except advocacy at the
trial.
(iii) The fees for suing and defending may be allowed at whatever
stage the advocate and solicitor is retained so long as he is retained before
the trial, or if there is no trial before judgment is entered.
(iv) Half the advocacy fee only shall be allowed in cases where
judgment is obtained by confession or consent or by default of appearance
at the trial.
(v) A refresher fee at the rate of one-half of the fee for advocacy may
for special reasons be allowed when the hearing has occupied more than
four hours without being concluded; such refresher fee may be allowed for
each four hours subsequent to the first four hours.
(vi) A reasonable sum for the expenses of witnesses shall be added bv
the Court to the costs at the trial.
(vii) If the amount of the judgment is less than the amount of tho
claim, the advocacy fee, if allowed to the plaintiff, must be calculated on
the amount of the judgment exclusive of costs.
(viii) The fee nf a solicitor retained to take out probate or letters of
administration shall be three per cent, of the nett value of the estate.
 753
A.D. 1 9 0 7 .
Schedules.
CIVIL PROCEDURE CODE. '

(ix) A solicitor retained to sue or defend in an administration action

shall be entitled to such sum as the District Judge shall fix, which shall
not exceed five per cent, of the nett value of the estate.
(x) The Court, in addition to the above fees, may award to the success-
ful party the sum actually expended by him as Court fees.

SCHEDULE E.

R U L E S FOR PRINTING RECORDS UNDER CHAPTER LIII.

(i) Records and Cases iu Appeals to His Majesty in Council shall be

printed in the form known as demy quarto (i.e., 54 ems in length and
42 in width),
(ii) The size of the paper used shall be such that the sheet, when folded
and trimmed, will be 11 inches in height and 8^ inches in width.
(iii) The type to be used in the text shall be pica type, but^ long
primer shall be used in printing accounts, tabular matter, and notes.
(iv) The number of lines in each page of pica type shall be 47 or
thereabouts, and every tenth line shall be numbered in the margin.

48
Vol. I I .
 754
A.D. 1907.
Ss. 1 & 2.

STAMPS.
Ordinance No. 103.
[ORDINANCE XXXVI. OF 1907;
1st February, 1908,]
To consolidate and amend the law relating to Stamps.
Preliminary.
Short title. 1. This Ordinance may be cited as Ordinance No. 103
>, (Stamps).
Chapter I.
GENERAL EXPLANATIONS.
Interpreta- 2. In this Ordinance, unless there is something repug-
nant in the subject matter or context,
" Banker " includes any banking corporation or com-
pany or any person carrying on the business
of banking in the Colony;
" Bank note " includes
(a) any bill of exchange or promissory note
issued by any banker for the pa3anent of
money not exceeding five hundred dollars
to the bearer on demand; and
(b) any bill of exchange or promissory note so
issued which entitles or is intended to
entitle the bearer or holder thereof, with-
out indorsement or without any further or
other indorsement than is thereon at the
time of the issuing thereof to the payment
of money not exceeding five hundred
dollars on demand, whether the same is so
expressed or not and in whatever form or
by whomsoever the bill or note is drawn
or made;
A bank note issued duly stamped or issued un-
stamped by a banker duly licensed or other-
wise authorized to issue unstamped bank
notes, may be from time to time re-issued
without being liable to any stamp duty by
reason of the re-issuing;
 755
A.D. 1 9 0 7
S. 2,
STAMPS.

" Bill of Exchange " includes draft, order and letter

of credit, and any document or writing,
except a bank note or cheque, entitling or
purporting to entitle any person, whether
named therein or not, to payment by any other
person of, or to draw upon any other person
for, any sum of money;

Bill of exchange payable on demand " includes

(a) an order for the payment of any sum of
money by a bill of exchange or promissory .i
note, or for the delivery of any bill of
exchange or promissory note in satisfac-
tion of any sum of money, or for the pay-
ment of any sum of money out of any
particular fund which may or may not be
available, or upon any condition or con-
tingency which may or may not be per-
formed or happen; and
(b) an order for the payment of any sum of
money weekly, monthly, or at any other
stated periods, and also an order for the
payment by any person at any time after
the date thereof of any sum of money, and
sent or delivered by the person making the
same to the person by whom the payment
is to be made, and not to the person to
whom the payment is to be made, or to any'
person on his behalf;

" Bill of Lading " means any instrument signed by

the owner of a vessel or his agent acknow-
ledging the receipt of goods therein described
and undertaking to deliver the same at a place
and to a person therein mentioned or in-
dicated or to order;
" Bond " means any instrument whereby a person
obliges himself to pay money to another, on
condition that the obligation shall be void if
a specified act or condition is performed or
observed, or is not performed or observed, as
the case may be;
Vol. II, . 48A
756
A.D. 1 9 0 7 .
S. 2.
STAMPS.

" Bottomry bond " means any instrument whereby

the master of a sea-going ship borrows money
on the security of the ship to enable him to
preserve the ship or prosecute her voyage;
" Respondentia bond " means any instrument secur-
ing a loan on the cargo laden or to be laden
on board a ship and making repayment con-
tingent on the arrival of the cargo at the port
of destination;
" Certificate" includes any document whatever being
prima facie evidence of the title of any per-
son as proprietor of or as having the beneficial
interest in any share or shares or stock or
debenture stock of any company or corpora-
tion where such person is registered in respect
thereof in a register duly kept in the Colony;
" Chargeable " means, as applied to an instrument
executed or first executed after the first day of
February, 1908, chargeable under this Ordin-
ance and as applied to any other instrument
chargeable under the law in force in the
Colony when such instrument was executed
or, when several persons executed the instru-
ment at different times, first executed;
" Charter party " means any instrument, except an
agreement for the hire of a tug steamer or for
the hire of any other steamer when let for use
solely within the limits of any harbour within
the meaning of Ordinance No. 125 (Merchant
Shipping) or within ten miles of any such
harbour, whereby a vessel or some specified
part thereof is let for the specified purposes
of the charterer;
" Cheque " means a bill of exchange drawn on a
specified banker and not expressed to be pay-
able otherwise than on demand;
" Chief Revenue Authority " means the Colonial
Secretary in Singapore, the Resident Coun-
cillor at Penang, the Resident at Malacca and
Labuan;
 757
A.D. 1 9 0 7 .
S.2.
STAMPS.

" Commissioner" means any officer whom the'

Governor by notification in the Gazette
appoints in this behalf by name or in virtue of
his office, to act in any Settlement;
" Contract Note " means the note sent by a broker or
agent to his principal, except where such
principal is acting as broker or agent for a
principal, advising him of the sale or pur-
chase of any stock or marketable security;
Where a note advises the sale or purchase of
more than one description of stock or market-
able security, the note shall be deemed to be as
many contract notes as there are descriptions
of stock or security sold or purchased:
" Conveyance " includes every instrument and every
decree or order of Court whereby any pro-
perty, moveable or immoveable, or any estate
or interest in any property is transferred inter
vivos and whicli is not otherwise specifically
provided for under this Ordinance;
" Duly stamped " as applied to an instrument means
that the instrument bears an adhesive or im-
pressed stamp of not less than the proper
amount and that such stamp has been affixed
or used in accordance with the law for the
time being in force m the Colony;
" Duty " means any stamp duty for the time being
chargeable by law;
" Executed " and " Execution " used with reference
to instruments not under seal mean signed
and signature;
" Impressed stamp " means a stamp impressed by
means of a die over an adhesive label by the
proper officer;
" Instrument " includes every document by which
any right or liability is or purports to be
created, transferred, limited, extended, ex-
tinguished, or recorded;
758
A.D. 1 9 0 7 .
S. 2.
STAMPS.

" Instrument of partition " means any instrument

whereby co-owners of any property divide or
agree to divide such property in severalty, and
includes also a final order for effecting a par-
tition passed by the Supreme Court and an
award by an arbitrator directing a partition;
" Lease " means a lease of immoveable property, and
includes
(a) any undertaking in writing to cultivate,
occupy, or pay or deliver rent for, immove-
able property;
(b) any instrument by which tolls, rents or
profits of any description are let to farm;
(c) any writing on an application for a lease
intended to signify that the application is
granted;
" Marketable Security " means a security of such a
description as to be capable of being sold or
negotiated in open market in the Colony;
" Money " includes all sums whether expressed in
the currency of the Straits Settlements or in
British, Indian, Colonial, or Foreign Cur-
rency ;
" Mortgage " means a security by way of mortgage
for the payment of any definite and certain
sum of money advanced or lent at the time,
or previously due or* forborne to be paid, being
payable, or for the repayment of money to be
thereafter lent, advanced or paid, or which
may become due upon an account current,
together with any sum already advanced or
due, or without, as the case may be; and
includes
(a) any conveyance of any property in trust
to be sold or otherwise converted into
money intended only as a security and
redeemable before the sale or other dis-
posal thereof either by express stipulation
or otherwise;
 759
A.D, 1 9 0 7 .
S. 2.
STAMPS.

(b) any instrument in writing for defeating

or making redeemable or explaining or
qualifying any conveyance of property
apparently absolute but intended only as
a security;
(c) any agreement for a mortgage or any
agreement, contract or bond accompanied
with a deposit of title deeds for making a
mortgage of any property or for pledging
or charging the same as a security;
" Paper " includes every material upon which words
or figures can be expressed;
" Policy of Insurance " includes
(a) any instrument by which one person in
consideration of a premium engages to in-
demnify another against loss, damage or
liability arising from an unknown or con-
tingent event;
(b) a life policy and any policy insuring any
person against accident or sickness or any
other personal insurance;
" Policy of sea insurance "
(a) means any insurance, including re-
insurance, made upon any ship or-vessel,
whether for marine or inland navigation,
or upon the machinery, tackle or furni-
ture of any ship or vessel or upon any
goods, merchandise or property of any . ;
description whatever on board of any ship
or vessel or upon the freight of or any
other interest which may be lawfully in-
sured in or relating to any ship or vessel;
and
(b) includes any insurance of goods, mer-
chandise or property for any transit which
includes, not only a sea risk under para-
graph (a), but also any other risk in-
cidental to the transit insured from the
commencement of the transit to the ulti-
mate destination covered by the insur-
ance ;
760
A.D. 1 9 0 7 .
S. 2.
STAMPS.

Where any person, in consideration of any sum of

money paid or to be paid for additional
freight or otherwise, agrees to take upon
himself any risk attending goods, merchan-
dise or property of any description whatever
while on board of any ship or vessel, or
engages to indemnify the owner of any such
goods, merchandise or property from any
risk, loss or damage, such agreement or
engagement shall be deemed to be a contract
for sea insurance;
" Continuation clause " in a policy of sea insurance
made for time means an agreement to the
following or the like effect, namely, that in
the event of the ship being at sea or the
voyage otherwise not completed on the ex-
piration of the policy, the subject matter of
the insurance shall be held covered until the
arrival of the ship, or for a reasonable time
thereafter not exceeding thirty days;
" Power of Attorney " means any instrument,
except a warrant to act as a solicitor in any
judicial proceeding, empowering a specified
person to act for and in the name of the
person executing it;
" Promissory Note " includes any document or
writing, except a bank note, containing a
promise to pay any sum of money;
A note promising the payment of any sum of money
out of any particular fund which may or may
not be available or upon any condition or
contingency which may or may not be per-
formed or happen is to be deemed a promis-
sory note for that sum of money;
" Property " includes moveable and immoveable
property and any estate in any property
moveable or immoveable and any debt and
anything in action and any other right or
interest in the nature of property whether in
possession or not;
 761
A.D. 1 9 0 7 .
S. 2.
STAMPS.

" Receipt " includes any note, memorandum or

writing
(a) whereby any money, or any bill of ex-
change, cheque or promissory note is
acknowledged to have been received;
(5) whereby any other moveable property is
acknowledged to have been received in
satisfaction of a debt; or
(c) whereby any debt or demand or any part
of a debt or demand is acknowledged to
have been satisfied or discharged; or
which signifies or imports any such acknow-
ledgment and whether the same is or is not
signed with the name of any person,
" Settlement " means any non-testamentary disposi-.
tion in writing whether made voluntarily or
upon a good or valuable consideration other
than a bona fide pecuniary consideration
whereby any definite and certain property is
settled or agreed to be settled in any manner
for any purpose whatsoever;
" Ship or Chinchew Receipt " means any instru-
ment signed by an officer or chinchew of a
vessel acknowledging the receipt of goods
therein described when a bill of lading is not
given;
" Stock " includes any share in any stocks or funds
transferable at the Bank of England or at the
Bank of Ireland and India promissory notes
and any share in the stocks or funds of any
foreign or Colonial State or Government or
in the capital stock or funded debt of any
corporation, company or society in the United
Kingdom or in the Colony or of any foreign
or Colonial corporation, company or society;
" Warrant for Goods " means any document or writ-
ing, being evidence of the title of any person
therein named or his assigns or the holder
thereof, to the property in any goods, wares
or merchandise lying in any warehouse or
dock or upon any wharf, and signed or certi-
fied by or on behalf of the person having the
custody of the goods, wares or merchandise.
762
A.D. 1907,
Ss . 3 & 4.
STAMPS.

Chapter II.
LIABILITY OF INSTRUMENTS TO DUTY, MODE
OF DENOTING DUTY, AND MODE OF
VALUATION.
Instruments
chargeable 3. The duties to be charged upon the several instru-
with duty. ments specified in schedule A shall be the several duties
in the said schedule specified and shall be subject to the
exemptions contained in this Ordinance and in any other
Ordinance for the time being m force.

Mode of pay-
ing and 4.-—(1) The duties for the time being chargeable by law
denoting
duty.
upon any of the instruments specified in schedule B may
be paid and denoted by either impressed or adhesive
stamps.
Impreased
stamps. (2) Subject to subsection (1), duties for the time being
chargeable by law, shall be paid and denoted by im-
pressed stamps, and no instrument requiring an impressed
stamp shall be deemed to be duly stamped, unless it has
been stamped in the manner in this section prescribed.
(3) On the presentation at any Stamp OfBce, authorized
by the Governor to issue impressed stamps, of an instru-
ment, other than a cheque, for the purpose of the same
being stamped with an impressed stamp, the officer in
charge shall affix thereto an adhesive label or labels
denoting the amount of duty payable and shall then cause
a stamp or stamps denoting the like duty to be impressed
on the instrument in such a way, that each impression
falls partly on the label of corresponding value and
denotes the date of the impression.
Adhesive
stamps. (4) An instrument, the duty upon which is required or
permitted by law to be denoted by an adhesive stamp, is
not to be deemed duly stamped with an adhesive stamp,
unless the person required by law to cancel the adhesive
stamp cancels the same by writing on or across the stamp
his name or initials, or the name or initials of his firm,
together with the true date of his so writing, or other-
wise effectually cancels the stamp and renders the same
 763
A.D. 1 9 0 7 .
Ss. 5-7.
STAMPS.

incapable of being used for any other instrument, or for

any postal purpose, or unless it is otherwise proved that
the stamp appearing on the instrument was affixed there-
to at the proper time.
(5) Where tAVo or more adhesive stamps are used to
denote the stamp duty upon an instrument, each or every
stamp shall be cancelled in the manner aforesaid.
(6) In the case of the instruments specified in the first
column of schedule B, the persons mentioned in the second
column of the said schedule are the persons required to
cancel the adhesive stamps.
5.—(1) Every instrument written upon stamped paper HO-W instvu-
shall be written in such manner and every instrument ^e'^writT^n''
partly or wholly written before being stamped shall be so and stamped.
stamped that the stamp may appear on the face Of the
instrument and cannot be used for or applied to any other
instruments written upon the same piece of paper.
(2) If more than one instrument are written upon the
same piece of paper, every one of the instruments shall be
separately and distinctly stamped with the duty with
which it is chargeable.
6. Where the duty with which an instrument is charge- where duty
able, or its exemption from duty, depends in any manner ^ependfon
upon the duty actually paid in respect of another instru- duty paid on
ment, the payment of such last-mentioned duty shall, if fns'trument.
application is made in writing to the Commissioner for
that purpose, and on production of both the instruments,
be denoted upon such first-mentioned instrument by in-
dorsement under the hand of the Commissioner or in
such other manner, if any, as the Governor in Council
prescribes,

7. The duplicate or counterpart of an instrument ^^''/'•'''*^' .

chargeable with duty, except the counterpart of an m- counterparts,
strument chargeable as a lease, such counterpart not being
executed by or on behalf of any lessor or grantor, shall not
be deemed duly stamped unless it is stamped as an
original instrument, or unless it appears by a certificate
indorsed thereon by the Commissioner that the full and
, proper duty has been paid upon the original instrument
of which it is the duplicate or counterpart.
764
A.D. 1 9 0 7 .
Ss. 8-13.
STAMPS.

Instruments 8 . Exccpt wherc cxprcss provisiou to the contrary is

with^'duty^in made by this or any other Ordinance,
dlstfnot"' (^) ^^ instrument containing or relating to several
matters. dlstiuct mattcrs shall be separately and dis-
tinctly charged, as if it was a separate instru-
ment, with duty in respect of each of the
m9,tters;
(b) an instrument made for any consideration in
respect of which it is chargeable with ad
valorem duty, and also for any further or other
valuable consideration or considerations, shall
be sejjarately and distinctly charged, as if it
was a separate 'instrument, with duty in
respect of each of the considerations.
All facts and g ^n |;}^g facts and circumstances affecting the
to be set out. liability of any instrument to duty or the amount of the
duty with which any instrument is chargeable shall be
fully and truly set forth in the instrument.
Conversion of 10. When an instrument is chargeable with ad
amount
expressed valorem duty in respect of any money expressed in any
in foreign currency other than that of the Colony, such duty shall
currencies.
be calculated on the value of such money in the currency
of the Colony according to the value prescribed by notifi-
cation in the Gazette, by order of the Governor in
Council.
Value of 1 1 . Where an instrument is chargeable with ad
securities.
valorem duty in respect of any stock or of any market-
able or other security, such duty shall be calculated on
the value of such stock or security according to the price
or the value thereof on the day of the date of the in-
strument.
Effect of state- 12. When an instrument contains a statement of the
ment of price.
price of the day and is stamped in accordance with such
statement, it shall, so far as regards the subject matter
of such statement, be presumed, until the contrary is
proved, to be duly stamped.
Duty on 1 3 . When interest is expressly made payable by the
interest.
terms of an instrument, such instrument shall not be
chargeable with duty higher than that with which it
would have been chargeable if no mention of interest had
been made therein.
 765
A.D. 1 9 0 7 .
Ss. 14 & 15.
STAMPS.

1 4 . When any property is transferred tO' any person in HOVT transfer

consideration, wholly or in part, of any debt due to him tion°of debt or
or subject either certainly or contingently to the payment subject to
J. £ p '' . 1 ,1 ' J. future pay-
or transfer oi any money or stock or other property ment, etc., to
whether being or constituting a charge or incumbrance Recharged.
upon the property or not, such debt, money, stock or other
property shall be deemed the whole or part, as the case
may be, of the consideration in respect 'whereof the
transfer is chargeable with ad valorem duty.
Explanation.—In the case of a sale of property sub-
ject to a mortgage or other incumbrance, any unpaid
mortgage money or money charged, together with the
interest, if any, due on the same shall be deemed to be
-- part of the consideration for the sale :
Provided that when property subject to a mortgage is
transferred to a mortgagee, he shall be entitled to deduct
from the duty payable on the transfer the amount of any
duty already paid in respect of the mortgage.
Illustrations.
(1) A owes B |1,000. A sells a property to B, the consideration
being |500 and the release of the previous debt of f 1,000. Stamp
duty is payable on |1,500.
(2) A sells a property to B for |500 which is subject to a
mortgage to C for $1,000 and unpaid interest |200. Stamp duty
is payable on fl,700.
(3) A mortgages a house of the value of $10,000 to B for $5,000.
B afterwards buys the house from A. Stamp duty is payable on
110,000 less the amount of stamp duty already paid on the
mortgage.

1 5 . When an instrument is executed to secure the pay- ^f^^^f °°'°

ment of an annuity or other sum payable periodically, or aXity.
where the consideration for a conveyance is an annuity
or other sum payable periodically, the amount secured by
such instrument"^or the consideration for such conveyance,
as the case may be, shall for the purposes of this Ordin-
ance be deemed to be,
(a) when the sum is payable for a definite period so
that the total amount to be paid can be pre-
viously ascertained—such total amount;
(b) where the sum is payable in perpetuity or for an
indefinite time not terminable with any life
in being at the date of such instrument or
766
A.D. 1 9 0 7 .
Ss. 16 & 17.
STAMPS.

conveyance—the total amount which accord-

ing to the terms of such instrument or convey-
ance, will or may be payable during the period
of twenty years calculated from the date on
which the first payment becomes due; and
(c) where the sum is payable for an indefinite time
terminable with any life in being at the date
of such instrument or conveyance—the maxi-
mum amount which will or may be payable as
aforesaid during the period of twelve years
calculated from the date on which the first
payment becomes due.
Where value 16. When the amount or value of the subject matter
of subject
matter is of any instrument chargeable with ad valorem duty can-
indeter-
minate. not be or, in the case of an instrument executed before
the first day of February, 1908. could not have been ascer-
tained at the date of its execution or first execution,
nothing shall be claimable under such instrument more
than the highest amount or value for which, if stated in
an instrument of the same description, the stamp actually
used would, at the date of such execution, have been
sufficient:
Provided that when proceedings have been t-aken in
respect of an instrument under section 30 or 38, the
amount certified by the Commissioner shall be deemed
to be the stamp actually used at the date of execution.
Direction as 17.—fl) Where any property has been contracted to be
to duty
in oases of sold for one consideration for the whole, and is conveyed
certain
conveyances.
to the purchaser in separate parts by different instru-
ments, the consideration shall be apportioned in such
manner as the parties think fit; provided that a distinct
consideration for each separate part is set forth in the
conveyance relating thereto, and such conveyance shall be
chargeable with ad valorem duty in respect of such dis-
tinct consideration.
(2) Where property contracted to be purchased for one
consideration, for the whole, by two or more persons
jointly, or by any person for himself and others, or wholly
for others, is conveyed in parts by separate instruments
to the persons by or for whom the same was purchased,
for distinct parts of the consideration, the conveyance for
 767
A.D. 1 9 0 7 .
S. 18,
STAMPS.

each separate part shall be chargeable with ad valorem

duty in respect of the distinct part of the consideration
therein specified.
(3) Where a person having contracted for the pur-
chase of any property but not having obtained a convey-
ance thereof, contracts to sell the same to any other per-
son and the property is in consequence conveyed imme-
diately to the sub-purchaser, the conveyance shall be
chargeable with ad valorem duty in respect of the con-
sideration for the sale by the original purchaser to the
sub-purchaser.
(4) Where a person, having contracted for the pur-
chase of any property but not having obtained a con-
veyance thereof, contracts to sell the whole, or any part
thereof, to an}'- other person or persons and the property
i s j n consequence conveyed by the original seller to
different persons in parts, the conveyance of each part
sold to a sub-purchaser shall be chargeable with ad
valorem duty in respect only of the consideration paid by
such sub-purchaser, without regard to the amount or
value of the original consideration; and the conveyance
of the residue, if any, of such property to the original
purchaser shall be chargeable with" ad. valorem duty in
respect only of the excess of the original consideration
over the aggregate of the considerations paid by the sub-
purchasers; provided that the duty on such last men-
tioned conveyance shall in no case be less than two dollars.
(5) Where a sub-purchaser takes an actual conveyance
of the interest of the person immediately selling to him,
which is chargeable with ad valorem duty in respect of
the consideration paid by him and is duly stamped
accordingly, any conveyance to be afterwards made to
him-of the same property by the original seller shall be
chargeable with a duty equal to that which would be
chargeable on a conveyance for the consideration obtained
by such original seller, or where such duty would exceed
five dollars with a duty of five dollars.

18.—(1) Any contract or agreement i^ade in the ^^^^f\'^°^-

Colony under seal or under hard only, for the sale of any chTrgeaWe^s
equitable estate or interest in any property whatsoever, ^^^'^''^^
or for the sale of any estate or interest in any property
except lands, tenements, hereditaments, or heritages or
768 •
AD. 1 9 0 7 .
S. 18.
STAMPS.

property locally situate out of the Colony or goods, wares

or merchandise or stock or marketable securities, or any
ship or vessel or part interest, share or property of or
in any ship or vessel, shall be charged with the same
ad valorem duty, to be paid by the purchaser, as if it was
an actual conveyance on sale of the estate, interest, or
property contracted or agreed to be sold.
(2) Where the purchaser has paid the said ad valorem
duty and before having obtained conveyance or transfer
of the property, enters into a contract or agreement for
the sale of the same, the contract or agreement shall
be charged, if the consideration for that sale is in excess
of the consideration for the original sale, with the ad
valorem duty payable in respect of such excess considera-
tion, and in any other case with the fixed duty of five
dollars or of twenty-five cents as the case requires.
(3) Where duty has been duly paid in conformity with
the foregoing provisions, the conveyance or transfer made
to the purchaser or sub-purchaser, or any other person on
his behalf or by his direction, shall not be chargeable with
any duty and the Commissioner, upon application, either
shall denote the payment of the ad valorem duty upon
the conveyance or transfer, or .shall transfer the ad
valorem duty thereto upon production of the contract or
agreement, or contracts or agreements, duly stamped.
Provisoes.
(4) AVhere any such contract or agreement is stamped
with the fixed duty of five dollars or twenty-five cents,
the contract or agreement shall be regarded as diily
stamped for the mere purpose of proceedings to enforce
specific performance or recover damages for the breach
thereof.
(5) Where such contract or agreement is stamped with
the said fixed duty and. a conveyance or transfer made
in conformity with the contract or agreement is presented
to the Commissioner for stamping with the ad valorem.
duty chargeable thereon within the period of six months
after the first execution of the contract or as^reement. or
within such^ longer period as the Commissioner thinks
reasonable in the circumstances of the case, the convey-
ance or transfer shall be stamped according-lv, a.nd the
same and the said contract or agreement, shall be deemed
to be duly stamped.
 769
A.D. 1 9 0 7 .
Ss. 19-21.
STAMPS.

(6) Nothing in subsection (5) shall alter or affect the

provisions as to the stamping of a conveyance or transfer
after the execution thereof.
- (7) The ad valorem duty paid upon any such contract P'^'"viso.
or agreement shall be returned by the Commissioner in
case the contract or agreement is afterwards rescinded
or annulled, or for any other reason is not substantially
performed or carried into effect so as to operate as or be
followed by a conveyance or transfer.
19. Where upon the sale of any annuity or other right '^'^'^ ?*
not before in existence such annuity or other right is not orri^iitnot
created by actual grant or convej^ance, but is only secured ^^f^™
re m
by bond, warrant of attorney, covenant, contract or other- existence.
wise, the bond or other instrument, or some one of such
instruments, if there are more than one, shall be charged
with the same duty as an actual grant or convej''ance, and
shall for the purpose of this Ordinance be deemed an
instrument of conveyance on sale.
2 0 . Every instrument and every judgment or order of ^^^^e^i a*" ^°
a n y Court, whereby a n y p r o p e r t y on a n y occasion, except conveyance on
a sale or mortgage, is transferred to or vested 'in any '^^^.^H^^^"^
person, shall be charged as a conveyance or transfer of sale or
. mortgage.
property. °^
21.—(1) Where the consideration or any part of the }^^^l^l'^^^
consideration for which a lease is granted or agreed to in respect
be granted consists of any produce or other goods, the ofp™'^"'^^'
value of the produce or goods shall be deemed a considera-
tion in respect of which the lease or agreement is charge-
able with ad valorem duty.
(2) Where it is stipulated that the value of the produce
or goods is to amount at least to, or is not to exceed, a
given sum, or where the lessee is specially charged with,
or has the option of paying after any permanent rate of
conversion, the value of the produce or goods shall, for
the purpose of assessing the ad valorem duty, be estimated
at a given sum, or according to the permanent rate.
(3) A lease or agreement for a lease made either wholly
or partially for any such consideration, if it contains a
statement of the value thereof and is stamped in accord-
ance with the statement, shall, so far as regards the
subject matter of the statement, be deemed duly stamped,
Vol. II. 49
770
A.D. 1 9 0 7 .
Ss. 22 & 23.
STAMPS.

unless or until it is otherwise shown that the statement

is incorrect, and that the lease or agreement is in fact not
duly stamped.
Directions
as to duty
22.—(1) A lease or agreement for a lease or with
upon le.^ses, respect to any letting shall not be charged with any duty
etc. in respect of any penal rent, or increased rent in the
nature of a penal rent, thereby reserved or agreed to be
reserved or made payable or by reason of being made in
consideration of the surrender or abandonment of any
existing lease, or agreement, of or relating to the same
subject matter.
(2) A lease m.ade for any consideration in respect
whereof it is chargeable with ad valorem duty, and in
further consideration either of a covenant by the lessee
to make, or of his having previously made, any sub-
stantial improvement of or addition to the property
demised to him, or of any covenant relating to the matter
of the lease, shall not be charged with any duty in respect
of such further consideration.
(3) An instrument whereby the rent reserved by any
other instrument chargeable with duty and duly stamped
as a lease is increased shall not be charged with duty
otherwise than as a lease in consideration of the addi-
tional rent thereby made payable.
Direction as
to duty upon
•23.—(1) A security for the transfer or retransfer of
mortgages, any stock shall be charged with the game duty as a
etc. similar security for a sum of money equal in amount to
the value of the stock; and a transfer, assignment or
disposition of any such security and a reconveyance,
release, discharge, surrender, re-surrender, warrant to
• vacate, or renunciation of any such security shall be
charged with the same^duty as an instrument of the same
. description relating to a sum of money equal in amount
to the value of the stock.
(2) k' security for the payment of any rent-charge,
annuity or periodical payments by way of repayment, or
in satisfaction or discharge of any loan, advance or pay-
ment, intended to be so repaid, satisfied or discharged,
shall be charged with the same duty as a similar security
for the payment of the sum of money so lent, advanced or
paid.
 771
A.D. 1 9 0 7 .
Ss. 24 ii 25.
STAMPS.

(3) A transfer of a duly stamped security, and a

security by way of further charge for money or stock
added to money or stock previously secured by a duly
stamped instrument, shall not be charged with any duty
by reason of its containing any further or additional
security for the money or stock transferred or previously
secured, or the interest or dividends thereof, or any new
covenant, proviso, power, stipulation or agreement in
relation thereto, or any further assurance of the property
comprised in the transferred or previous security.
(4) An instrument chargeable with ad valorem duty as
a mortgage shall not be charged with any further duty by
reason of the equity of redemption in the mortgaged
property being thereby conveyed or limited in any other
manner than to a purchaser, or in trust for, or according
to the direction of, a purchaser.
24.—(1) A security for the payment or repayment of f^'e*^ *"'
money to be lent, advanced or paid, or which may become advances,
due upon an account current either with or without money chaT-geJ.''
previously due, shall be charged, where the total amount
secured or to be ultimately recoverable is in any way
limited, with the same duty as a security for the amount
so limited.
(2) Where such total amount is unlimited, the security
shall be a,vailable for such an amount only as the ad
valorem duty impressed thereon extends to cover ; but
where any, advance or loan is made in excess of the
amount covered by that duty the security shall for the
purpose of stamp duty be deemed to be a new and separate
instrument bearing date on the day on which the advance
or loan is made.
(3) No money to be advanced for the insurance of any .Proviso.
property comprised in the security, against damage by
fire or for keeping up any policy of life insurance com-
prised in the security, or for effecting in lieu thereof any •
new policy, shall be reckoned as forming part of the
amount in respect whereof the security is chargeable with ,
ad valorem duty.
2 5 . - ( l ) No contract for sea insurance, other than ^^:^~
such insurance as is referred to m section 506 ot the
Merchant Shipping Act, 1894, shall be valid unless the sjandss
same is expressed m a sea policy.
Vol. II." *^^
772
A.D, 1 9 0 7 .
S. 26:
STAMPS.

(2) No policy of sea insurance made for time shall be

made for any time exceeding twelve months.
(3) No policy of sea insurance shall be valid unless it
specifies the particular risk or adventure, or the time for
which it is made, the names of the subscribers or under-
writers, and the amount or amounts insured.
(4) Where any sea insurance is made for or upon a
voyage and also for time, the policy shall be charged
with duty as a policy for or upon a voyage and also with
duty as a policy for time.
(5) Notwithstanding anything in this section a policy
of sea insurance made for the time may contain a con-
tinuation clause and such a policy shall not be invalid on
the ground only that by reason of the continuation clause
it may become available for a period exceeding twelve
months.
(6) The stamp duty mentioned in schedule A, in addi-
tion to the stamp duty which is otherwise chargeable on
the policy, shall be charged on a policy of sea insurance
containing a continuation clause.
(7) If the risk covered by the continuation clause
attaches and a new policy is not issued covering the risk,
the continuation clause shall be deemed to be a new and
separate contract of sea insurance expressed in the policy
in whicli it is contained but not covered by the stamp
thereon and the policy shall be stamped in respect of that
contract accordingly but may be so stamped without
penalty at any time not exceeding thirty days after the
risk has so attached.

at'^on^Q^*^'^" 2 6 . Nothing in this Ordinance shall prohibit the

policies may making of any alteration which may lawfully be made
be made.
in the terms and conditions of any policy of sea insur-
ance after the policy has been underwritten; provided
that
(a) the alteration is made before notice of the deter-
mination of the risk originally insured;
(b) it does not prolong the time covered by the in-
surance thereby made beyond the period of
six months in the case of a policy made for a
less period than six months, or beyond the
period of twelve months in a case of a policy
made for a greater period than six months:
 773"
A.D. 1 9 0 7 .
Ss. 27-29.
STAMPS.
(c) the articles insured remain the property of the
same person or persons; and
(d) no additional or further sum is insured by
reason or means of the alteration.

Chapter III.
LIABILITY OF PERSONS TO PAYMENT OF
DUTY.
2 7 . In the absence of an engagement to the contrary. Duty, by
the expense of providing the proper stamp duty shall be ^1°^.^^
borne ^"^"^
(a) in the case of the instruments described in the
first column of schedule C, by the person
mentioned in the second column of the said
schedule;
(b) in the case of every other instrument, by the
person drawing, making or executing such
instrument.
2 8 . Any person receiving any money exceeding obligation to
twenty dollars in amount, or any bill of exchange, cheque ^'^^ receipts.
or promissory note for an amount exceeding twenty
dollars, or receiving in satisfaction or part satisfaction
of a debt any moveable property exceeding twenty dollars
in value, shall, on demand by the person paying or
delivering such money, bill, cheque, note or property,
give a duly stamped receipt for the same.
2 9 . No duty shall be chargeable in respect of Exemption of
•: . Government,
(a) any instrument executed by or on behalf of or m
favour of the Government in cases where,
but for this exemption, the Government
would be liable to pay the duty chargeable in
respect of such instrument;
(b) any grant or lease made on behalf of the Crown
by virtue of Ordinance No. 34 (Crown Lands);
(c) any instrument for the sale, transfer or other
disposition either absolutely or by way of
mortgage or otherwise of any ship, vessel or
any part, interest, share or property of or in
any ship or vessel registered under the Im-
perial Merchant Shipping Acts;
774
AD. 1 9 0 7 .
Ss. 30 & -31.
STAMPS.

(d) any instrument which relates exclusively to

immoveable property situated out of the
Colony or which relates exclusively to things
to be done out of the Colony.

Chapter IV.
ADJUDICATION AS TO STAMPS.
Mode of 30.—(1) When any instrument, whether executed or
adjudication not and whether previously stamped or not, is brought
as to proper
stamp. to the Commissioner, and the person bringing it.applies
to have the opinion of that officer as to the duty, if any,
with which it is chargeable, and pays a fee of one dollar,
the Commissioner shall assess the duty, if any, with
which in his judgment the instrument is chargeable.
information (2) For this purpose the Commissioner may require to
to be fur-
nished to be furnished with an abstract of the instrument, and also
Commis- with such affidavit or other evidence as he deems necessary
sioner.
to prove that all the facts and circumstances affecting the
liability of the instrument to duty, or the amount of the
duty chargeable thereon, are fully and truly set forth
therein, and may refuse to proceed upon any such appli-
cation until such abstract and evidence have been
furnished accordingly.
Provisoes (3) No evidence furnished in pursuance of this section
shall be used against any person in any civil proceeding,
except in an inquiiy as to the duty with which the instru-
ment to which it relates is chargeable.
(4) Every person by whom any such evidence is
furnished shall, on payment of the full duty with which
the instrument to which it relates is chargeable, be
relieved from any penalty which he has incurred under
this Ordinance by reason of the omission to state truly
in such instrument any of the facts or circumstances
aforesaid.
Certificate by 31.—({) Whcu an instrument brought to the Com-
CommiBsioner. j^jjggiQngj, under scctiou 30 is in his opinion one of a
description chargeable with duty, and
(a) the Commissioner determines that it is already
fully stamped; or
 775
A.D. 1 9 0 7
S. 32.
STAMPS.

(6) the duty assessed by the Commissioner under

section 30, or such a sum as, with the duty
already paid in respect of the instrument, is
equal to the duty so assessed, has been paid,
the Commissioner shall certify by indorsement on such
instrument that the full duty, stating the amount, with
which it is chargeable, has been paid.
(2) When such instrument is in his opinion not
chargeable with duty, the Commissioner shall certify in
manner aforesaid that such instrument is not so charge-
able.
(3)'Any instrument upon which an indorsement has ^*^f,i?°f
been made under this section, shall be deemed to be duly
stamped or not chargeable with duty, as the case may be;
and, if chargeable with duty, shall be receivable in
evidence or otherwise • and may be acted upon and
registered as if it had been originally duly stamped.
(4) Nothing in this section shall authorize the Com- P'O^^^O.
missioner to endorse
(a) any instrument executed or first executed in the
Colony and brought to him after the
expiration of fourteen days from the date of
its execution or first execution, as the case
may be;
(b) any instrument executed or first executed out of
the Colony and brought to him after the
expiration of thirty days after it has been
first received in the Colony; or
(c) any instrument chargeable with the duty of four
cents or any bill of exchange or promissory
note, when brought to him, after the drawing
or execution thereof, on paper not duly
stamped,
unless he is satisfied that the omission or neglect to stamp
or to stamp sufficiently did not arise from any intention
to evade payment of duty or otherwise to defraud.
Q2. (1) Any person who is dissatisfied with the ^^^^^^l"
assessment of the Commissioner may, within twenty-one court"^
days after the date of the assessment and upon payment
of duty in conformity therewith, appeal against the
assessment to the Supreme Court in the Settlement in
776
A.D. 1 9 0 7 .
Ss. 33 & 84,
STAMPS.

which, the case has arisen and may for that purpose
require the Commissioner to state and sign a case, setting
forth the question upon which his opinion was required,
and the assessment made by him.
Commissioner (2) The Commissioner shall thereupon state and sign
to state a case.
a case and deliver the same to the person by whom it is
required, and the case may, within seven days thereafter,
be set down by him for hearing.
Court may (3) Upon the hearing of the case the Court shall
assess duty
chargeable. determine the question submitted, and, if the instrument
in question is in the opinion of the Court chargeable with
any duty, shall assess the duty with which it is chargeable.
Eepayment (4) If it is decided by the Court that the assessment
of excess.
of the Commissioner is erroneous, any excess of duty
which has been paid in conformity with the erroneous
assessment, together with any fine or penalty which has
been paid in consequence thereof, shall be ordered by the
Court to be repaid to the appellant, with or without costs
as the Court determines.
Costs. (5) If the assessment of the Commissioner is confirmed
the Court may make an order for payment to the Com-
missioner of the costs incurred by him in relation to- the
appeal.

Chapter V.
OF THE TIME OF STAMPING INSTRUMENTS.
Stamping after execution.
Instruments 3 3 . Subject to sections 31 and 38 all instruments
executed in
the Colony. chargeable with duty and executed by any person in the
Colony shall be stamped before being signed or executed.
Instrument 34.—(1) Every instrument chargeable with duty
executed out
of the Colony. executed only out of the Colony, and not being a bill of
exchange, cheque or promissory note, may be stamped
within thirty days after it has first been received in the
Colony.
(2) Where such instrument requires an impressed
stamp it may be taken, before being used in the Colony,
to the Commissioner, and he shall cause to be affixed
tlicreto an impressed stamp of such value as the person
so taking the instrument requires and pays for.
 777
A.D. 1 9 0 7 .
Ss. 35-38.
STAMPS.

35.—(1) The first holder in the Colony of any bill of BHIS, cheques
exchange, cheque or promissory note drawn or made out dra'^wn out
of the Colony shall, before he presents the same for "f t^e coiony.
acceptance or payment or endorses, transfers or otherwise
negotiates the same in the Colony, affix thereto the proper
stamp and cancel the same.
(2) If, at the time any such bill of exchange, cheque
or note comes into the hands of any holde.r thereof in the
Colony, the proper adhesive stamp" is affixed thereto and
cancelled in the manner prescribed by section 4 (4) and
such holder has no reason to believe that such stamp was
affixed or cancelled otherwise than by the person and at
the time required by this Ordinance, such stamp shall, so
far as relates to such holder, be deemed to have been duly
affixed and cancelled.
(3) Nothing contained in subsection (2) shall relieve
any person from any penalty incurred by him for omitting
to affix or cancel a stamp.

36.—(1) Where any bill of exchange or cheque charge- Power of

able with the duty of four cents is presented for payment gtYmp^tiUsor
unstamped, the person to whom it is so presented may cheques.
affix thereto the necessai,ry adhesive stamp, and upon
cancelling the same in manner hereinbefore provided,
may pay the sum payable upon such bill or cheque and
may charge the duty against the person who ought to
have paid the same or deduct it from the sum payable as
aforesaid and such bill or cheque shall, so far as respects
the duty, be deemed good and valid.
(2) Nothing herein shall relieve any person from any Proviso,
penalty or proceeding to which he may be liable in
relation to such bill or cheque.
3 7 . Transfers of shares shall not be stamped until the '^^^^^"'^^ °^
numbers of the shares are entered.
3 8 . Subject to the following rules, any unstamped or stamping of
insufficiently stamped instrument may be stamped with a after""^''*
stamp of such value as the person presenting the instru- execution.
ment requires and pays for after the execution thereof,
if the Commissioner is satisfied that the omission or
neglect to stamp or to stamp sufficiently did not arise
from any intention to evade payment of stamp duty or
 778
A.D. 1 9 0 7 .
Ss. 39 & 40.
STAMPS.

otherwise to defraud on the part of the person liable to

pay the stamp duty or on the part of any person claiming
through him otherwise than for valuable consideration :—
(a) if the instrument, not being an instrument
chargeable with the duty of four cents nor a
bill of exchange, cheque or promissory note,
drawn or made within the Colony, is, if
executed within the Colony, presented for
stamping within fourteen days from the date
of its first execution, or is, if executed out of
the Colony, jDresented for stamping within
thirty days after it has been first received
within the Colony, there shall not be payable
any penalty;
(h) in other cases there shall be payable in addition
to stamp duty a penalty as follows :—
(i) if within three months of execution or
first receipt iu the Colony—double the
amount of deficient duty or a penalty
of ten dollars, whichever sum is
greater;
(ii) if after three months—five times the
amount of deficient duty or a penalty
of twenty-five dollars, whichever sum
is greater;
(c) the Commissioner may, with the approval of the
Chief Revenue Authority, within six months
after the first execution of any instrument or
its first receipt in the Colony mitigate or remit
any penalty.

Time of 39^ j f ^t the time of the execution of any instrument

stamping ^^^ opiuion of the Commissioner with respect to the stamp
adjudication, d^|^y payable on such instrument has been required, the;
instrument shall be stamped in accordance with the assess-
ment of the Commissioner within fourteen days after
notice of the assessment, and in the case of an appeal to
tlie Supreme Court under section 32 within fourteen days
after the itjsiue of the order of the Court.

Denoting ^ Q . The payment of any penalty prescribed under

^^"* ^' section 38 shall be denoted on the instrument by an
 779
A.D. 1 9 0 7 .
Ss. 41-43.
STAMPS.

inipressed stamp and shall be certified by the Com-

• missioner.

4 1 . The person liable to the penalty shall be the person Persons liable
by whom the duty is payable in accordance with top^^aity.
Chapter I I I .

4 2 . All duties, penalties and other sums required to be Penalty, how

paid under this Chapter may be recover&d under Ordin-
ance No. 22 (Crown Suits).

Chapter VI.
PRODUCTION OF INSTRUMENTS IN EVIDENCE.
43.—(1) An instrument, whether duly stamped or not, ^"f ™^"'^
shall be admissible in any criminal proceeding. stamped not
admissible
(2) No instrument shall, except under the circumstances i" evidence.
specified in subsection (3), be given in evidence in any civil
proceedings before any Court or Judge unless it is duly
stamped in accordance with the law in force at the time
when it was first executed.
(3) The circumstances referred to in subsection (2) Eire
(a) if the Court or Judge is satisfied that the omission
or neglect to stamp or to stamp sufficiently did
not arise from any intention to evade payment
of stamp duty or otherwise to defraud on the
part of the person liable to pay the stamp
duty or on the part of any person claiming
through him otherwise than for valuable
consideration;
(b) if the duty and the penalty, if any, to which it
would have been liable, if presented to the
Commissioner under section 38, is paid.
(4) Upon the production of any instrument chargeable ^S"h instru-
with duty before any person having by law or consent of ments not
parties authority to receive evidence or before any person i'^Jbf'^P^'^
in charge of a public office, except a police office, notice admitted.
shall be taken by such person of any omission or insuffi-
ciency of the stamp thereon and he shall, if it appears to
him that such instrument is not duly stamped, impound
the same and forthwith forward it to the Commissioner.
780
A.D. 1 9 0 7 .
Ss. 4 4 & 4 5 .
STAMPS.

(5) In the case of a Judge of tlie Supreme Court the

duty of examining any instrument under this section shall
be performed by the Registrar or Deputy Registrar.
(6) When a contract or agreement of any kind is
effected by correspondence consisting of two or more
letters and any one of the letters bears the proper stamp
the contract or agreement shall be deemed to be duly
stamped.
Special
provision
44.—(1) When any person from whom a stamped
as lo receipt could have been demanded has given an unstamped
unstamped
receipts.
receipt and such receipt, if stamped, would be admissible
in evidence against him, such receipt shall be admitted in
evidence against him on payment o"^ a penalty of one
dollar by the person tendering it.
(2) Where any receipt chargeable with a duty of four
cents is tendered to or produced before any officer un-
stamped in the course of the audit of any public account,
such officer may, in his discretion, instead of impounding
the instrument, require a duly stamped receipt to be
substituted therefor.
Chapter VII,
SALE OF STAMPS AND ALLOWANCE FOR
SPOILED STAMPS,
Licences to 45.—(1) The Chief Revenue Authority may, in his
dealiu
stamps. discretion, grant a licence to any person to deal in stamps
at any place to be named in the licence.
(2) The licence shall specify the full name and place of
abode of the jDcrson to whom the same is granted, and a
description of every house, shop, or place, in or at which
he is authorized to deal in stamps.
(3) Every person to whom a licence is granted shall give
security in the sum of one thousand dollars in such manner
and form as the Chief Revenue Authority prescribes, and,
if by bond, the bond shall be exempt from stamp duty.
(4) One licence and one bond only shall be required
for any number of persons in partnership, and the licence
may at any time be revoked by the Chief Revenue
Authority.
(5) Every person licensed to deal in stamps shall cause
to be visibly and legibly painted and shall keep so painted
 781
A.D. 1 9 0 7 .
Ss. 46-48
STAMPS.

in letters of not less than one inch in length on some

conspicuous place on the outside of the front of every
house, shop, or place in or at which he is licensed to deal
in stamps, his full name, together with words " Licensed
to sell staimps."

46.—(1) If the licence of any person to deal in stamps Provision as

expires or is revoked, or, if any person licensed to deal t°on1f™'"'"
in stamps dies or becomes bankrupt, and any such person licence.
at the expiration or revocation of his licence, or at the
time of his death or bankruptcy, has in his possession
any stamps, such person, or his executor or administrator,
or the Official Assignee may, within six months after the
expiration or revocation of the licence, or after the death
or bankruptcy, as the case may be, bring or send the ,,
stamps to the chief office or to one of the head offices.
(2) The Commissioner may in any such case pay to the
person bringing or sending stamps the amount of the duty
thereon, deducting the proper discount therefrom, if proof
to his satisfaction is furnished that the same were
actually in the possession of the person whose licence has
expired or been revoked, or so dying or becoming bank-
rupt, for the purpose of. sale, at the time of the expiration
or revocation of the licence, or of his death or bankruptcy,
and that the stamps were purchased or procured by that
person at the office of the Commissioner in one of the
Settlements or from some person duly appointed to sell
and distribute stamps, or duly licensed to deal in stamps.
4 7 . Upon the sale of stamps to a licensed vendor such discount,
discount shall be allowed to the purchaser thereof as is
prescribed.
4 8 . Subject to such rules as are made by the Governor ^^'^"j^'^™^ ^°''
in Council and to the production of such evidence by stops.
statutory declaration or otherwise as the Commissioner
requires, allowance shall be made by the Commissioner
for stamps spoiled in the following cases :—
(a) the stamp on any paper inadvertently and
undesignedly spoiled, obliterated or by any
means rendered unfit for the purpose intended,
before the paper bears the signature of any
* person or any instrument written thereon is
executed by any party;
782
A.D. 1 9 0 7 .
S. 48.
STAMPS.

(b) any adhesive stamp which has been inadvertently

and undesignedly spoiled or rendered unfit for
use and has not in the opinion of the Com-
missioner been affixed to any paper;
(c) any adhesive stamp representing a fee capable of
being collected by means of such stamp which
has been affixed to paper provided that a
certificate from an officer duly authorized by
the Chief Revenue Authority in that behalf
is produced to the effect that the stamp should
be allowed;
(d) the stamp on any bill of exchange signed by or
on behalf of the drawer which has not been
accepted or made use of in any manner what-
ever or delivered out of his hands for any
purpose other than by way of tender for
acceptance;
(e) the stamp on any promissory note signed by or
on behalf of the maker which has not been
made use of in any manner whatever or
delivered out of his hands;
(/) the stamp on any bill of exchange or promissory
note which from any omission or error has been
spoiled or rendered useless, although the same,
being a bill of exchange, has been accepted or
indorsed, or being a promissory note, has been
delivered to the payee; provided that another
completed and duly stamped bill of exchange,
or promissory note, is produced identical in
every particular except in the correction of the
error or omission, with the spoiled bill or note;
(g) the stamp used for any of the following
instruments ;—
(i) an instrument executed by any party
thereto, but afterwards found to be
absolutely void from the beginning;
(ii) an instrument executed by any party
thereto, but afterwards found unfit, by
reason of any error or mistake thereiTi,
for the purpose originally intended;
 783
A.D. 1 9 0 7 .
S. 48.
STAMPS.

(iii) an instrument executed by any party

thereto, which has not been made use
of for any purpose whatever, and
which by reason of the inability or
refusal of some necessary party to sign
the same or to complete the transaction
according to the instrument is incom-
plete and insufficient for the purpose
for which it Avas intended;
(iv) an instrument executed by any party
thereto, which by reason of the refusal
of any person to act under the same,
or for want of registration within the
time required by law, fails of the
intended purpose or becomes void;
(v) an instrument executed by any party
thereto which is inadvertently and
undesignedly spoiled, and in lieu
whereof another instrument made
between the same parties and for the
same purpose is executed and duly
stamped, or which becomes useless in
consequence of the transaction intended
to be thereby effected being effected by
some other instrument duly stamped :
P r o v i d e d as follows : Provisoes
(a) that the application for relief is made within six
months from the date of the stamp or in the
case of an executed instrument after the date
of the instrument or if it is not dated within
six months after the execution thereof by the
person by whom it was first or alone executed
or within such further time as the Com-
missioner prescribes in the case of any
instrument sent abroad for execution or when
from unavoidable circumstances any instru-
ment for which another has been substituted
cannot be produced within the said period;
(b) that in the case of an executed instrument no
legal proceeding has been commenced in which
the instrument could or would have been given
or offered in evidence, and that the instrument
is given up to be cancelled.
784
A.D. 1 9 0 7 .
Ss.^49-52.
STAMPS.

Allowance for
misused
4 9 . When any person has inadvertently used for an
stamps. instrument liable to duty a stamp of greater value than
was necessary, or has inadvertently used a stamp for an
instrument not liable to any duty, the Commissioner may,
on application made within six months after the date of
the instrument, or, if it is not dated, within six months
after the execution thereof by the person by whom it was
first or alone executed, and upon the instrument, if liable
to duty, being stamped with the proper duty, cancel and
allow as spoiled the stamp so misused.
Allowance,
liow to be
5 0 . In any case in which allowance is made for spoiled
made. or misused stamps the Commissioner may give in lieu
thereof other stamps of the same denomination and value,
or if required, and he thinks proper, stamps of any other
denomination to the same amount in value, or in his
discretion, the same value in money, deducting therefrom
the discount allowed on the purchase of stamps of a like
description.
re'm'ch^Bed^'^ 51.—(1) Whcu any person is possessed of a stamp
refuic ase . ^^j^j^j^ j^^^g ^^^ j^g^j^ spoiled or rendered unfit or useless
for the purpose intended, but for which lie has no
immediate use, the Commissioner may, if he thinks fit,
repay to him the value of the stamp in money, deducting
therefrom the proper discount upon his delivering up the
stamp to be cancelled, and proving to his satisfaction that
it was purchased by him at the office of the Commissioner
in one of the Settlements, or from some person duly
appointed to sell and distribute stamps or duly licensed
to deal in stamps, within the period of six months next
preceding the application and Avith a bona fide intention
to use it.
Proviso. (2) I n the case of impressed stamps, if the Com-
missioner is satisfied that the stamp was bought at the
office of the Commissioner of Stamps and not from a
licensed vendor, he may repay the value of the stamp in
money without making any deduction therefrom.

Chapter VIII.
OFFENCES AND PENALTIES.
fdhesive'"'""~ 5 2 . Any person who being required by law to cancel
stamps. an adhesive stamp neglects or refuses duly and effectually
 785
A.D, 1 9 0 7 .
Ss. 53-56.
STAMPS.

to do so in the manner prescribed by section 4 (4) shall be

liable to a fine not exceeding one hundred dollars.
5 3 . Any person who fraudulently Penalty for
•^ •'• •' not setting
(a) executes any instrument in which all the facts f^J[^^''"j''"^
and circumstances are not truly and fully set ch-cum",
stances.
forth as required by section 9, or
(b) being employed or concerned in or about the pre-
paration of any instrument neglects or omits
fully and truly to set forth therein all the said
facts and circumstances,
shall be liable to a fine not exceeding
'•to one hundred dollars.

54. Any person who Penalty for

•' -^ . _ refusal to give
(a) being a person liable to pay duty gives a receipt receiptor
liable to duty without the same being evaX^dut°y
stamped; °° receipts.
(b) being required under section 28 to give a receipt,
refuses or neglects to give the same; or
(c) upon a payment of moiiey or delivery of property
exceeding twenty dollars in amount or value,
gives a receipt for an amount or value not
exceeding twenty dollars or separates or
divides the money or property paid or
delivered,
shall be liable to a fine not exceeding one hundred dollars.
55.—(1) Any person who Pe°^% ^"'^ ^
' • ' ' ' • ' - executing aud
(a) draws, makes, issues, endorses, or transfers or signing docu-
signs otherwise than as a witness, or presents "^ly stamped.
for acceptance or payment or accepts, pays or
receives payment of or in any manner
negotiates any bill of exchange, cheque or
promissory note without the same being duly
stamped;
(b) makes or executes any bill of lading or contEact
note without the same being duly stamped;
(c) executes, grants, issues or delivers out any docu-
ment chargeable with duty as a letter of allot-
ment, letter of renunciation, certificate or
marketable security without the same being
duly stamped,
shall be liable to a fine not exceeding one hundred dollars.
Vol. II. ^^
 786
A.D. 1 9 0 7 .
Ss. 56-58.

STAMPS,

(2) When any penalty has been paid in respect of any

instrument under section 38 the amount of such penalty
shall be allowed in reduction of the fine, if any,
subsequently imposed under this section in respect of the
same instrument upon the person who paid such penalty.
Appraise- 56.—(1) Any .person by whom an appraisement or
ment.
valuation chargeable with stamp duty is made who
{a) within fourteen days after the making thereof
neglects or omits to write out the same in
words and figures showing the full amount
thereof on duly stamped paper; or
(b) in any other manner discloses the amount of the
appraisement or valuation,
shall be liable to a fine not exceeding one hundred dollars.
(2) Any person who receives from any appraiser or
pays for the making of any such appraisement or valua-
tion shall, unless the same is written out and stamped as
aforesaid, be liable to a fine not exceeding one hundred
dollars.
Penalty for
post dating 5 7 . Any 2>erson who with the intent to defraud the
bills. Government of duty
(a) draws, makes or issues any bill of exchange or
any promissory note bearing a date subsequent
to that on which such bill or note is actually
drawn or made; or
(b) knowing that such bill or note has been so post-
dated, endorses, transfers, presents for accept-
ance or payment, or accepts, pays or receives
payment of such bill or note or in any manner
negotiates the same,
shall be liable to a fine not exceeding five hundred dollars.
Proxies. 58.—(1) Every letter or power of attorney for the
purpose of appointing a proxy to vote at a meeting hereby
respectively charged with the duty of four cents shall
specify the day upon which the meeting at which it is
intended to be used is to be held, and shall be available
only at the meeting so specified, and any adjournment
thereof.
(2) Any person who makes or executes or votes or
attempts to vote under or by means of any such letter or
power of attorney not being duly stamped, shall be liable
 787
A.D, 1 9 0 7 .
, Ss, 59 & 60.
STAMPS.

to a fine not exceeding fifty dollars, and every vote given

or tendered under the authority or by means of the letter
or power of attorney shall be void.
59.—(1) A n y person who Penalty for
(a) receives or takes credit for any premium or outpoiky^^r
consideration for any insurance other than a making one
sea insurance and does not within three ^tam^pel
months after receiving or taking credit for the
premium or consideration make out and
execute a duly stamped policy of insurance; or
(b) makes, executes or delivers out or pays or allows
in account or agrees to pay or allow in account
any money upon or in respect of any policy
other than a policy of sea insurance which is
not duly stamped,
shall be liable to a fine not exceeding two hundred dollars.
60. (1) A n y p e r s o n w h o Penalty on
, . , . assuring
(a) becomes an assurer upon any sea insurance or unless under
enters into any contract for sea insurance, or ^"^mped?^'^
directly or indirectly receives or contracts
or takes credit in account for any premium
or consideration for any sea insurance, or
knowingly takes upon himself any risk, or
renders himself liable to pay, or pays any sum
of money upon any less, peril or contingency
relative to any sea insurance unless tlie
insurance is expressed in a policy of sea
insurance duly stamped;
(b) makes or effects or knowingly procures to be made
or effected any sea insurance, or directly or
indirectly gives or pays, or renders himself
liable to pay, any premium or consideration
for any sea insurance, or enters into any con-
tract for sea insurance unless the insurance
is expressed in a policy of sea insurance duly
stamped; or
(c) is concerned in any fraudulent contrivance or
device, or is guilty of any wilful act, neglect
or omission with intent to evade the duties
payable on policies of sea insurance or
whereby the duties may be evaded,
Vol, I I . ' 50A
788
.A.D. 1 9 0 7 .
Ss 61-63

STAMPS,

shall for every such oft'ence be liable to a fine not exceeding

two hundred dollars.
Broker or (2) Every broker, agent or other person negotiating or
Agent.
transacting any sea insurance contrary to the true intent
and meaning of this Ordinance, or executing any policy
of sea insurance upon ])aper not duly stamped, shall for
every such offence be liable to a fine not exceeding two
hundred dollars and shall not have any legal claim to any
charge for brokerage, commission or agency or for any
money expended or paid by him with reference to the
insurance, and any money paid to him in respect of any
such charge shall be deemed to be paid without considera-
tion, and shall remain the property of his employer.
Penalty for (3) If any person makes or issues or causes to be made
making or
issuing
or issued any document purporting to be a copy of a sea
pretended policy and there is not at the time of the making or issue
copies. in existence a policy duly stamped whereof the said
document is a copy, he shall for such offence in addition
to any other fine or penalty to which he is liable, be liable
to a fine not exceeding two hundred dollars.
Penalty for 6 1 . If a share warrant is issued without being duly
issuing sl^re
warrant not stamf)ed the company issuing..the same, and also every
duly stamped. person who, at the time when it is issued, is the managing
director or secretary or other principal officer of the
company shall be liable to a fine not exceeding two
hundred and fifty dollars.
Warrant for 6 2 . Any person who makes, executes or issues or
goods not receives or takes by way of security or indemnity any
duly stamped.
warrant for goods nol being duly stamped shall be liable
to a fine not exceeding one liundred dollars.
Penalty for 63.—(1) Any person, not duly appointed to sell and
unauthorised
dealing in distribute stamps, who deals in any way in stamps,
stamps. without being licensed so to do, or at any house, shop, or
place not specified in his licence, shall for every such
offence be liable to a fine not exceeding one hundred
dollars.
or falsely (2) Any person, not duly appointed to sell and
representing
to be a distribute stamps or duly licensed to deal in stamps, who
licensed has, or puts upon his premises either in the inside or on
dealer.
the outside thereof, or upon any board or any material
whatever exposed to public view, and whether the same
is affixed to his premises or not, any letters importing or
intending to import that he deals in stamps, or is licensed
 789
A.D. 1 9 0 7 .
Ss. 64-68.
STAMPS.

so to do, shall be liable to a fine not exceeding one hundred

dollars.
6 4 . Any person licensed to deal in stamps who neglects ^"^'^'^^^ 1°^
or omits to comply with section 45 (5) shall be liable to a section 45(5).
fine not exceeding one hundred dollars.
65.—(1) Any person, whether licensed to deal in Penalty for
stamps or not, who hawks or carries about for sale or ^ja^p'g"^
exchange any stamps, shall, in addition to any other fine
or penalty to which he is liable, be liable to a fine not
exceeding two hundred dollars.
(2) All stamps which are found in the possession of the
offender shall be forfeited, and shall be delivered to the
Commissioner to be disposed of as he thinks fit.
6 6 . Nothing in this Ordinance shall prevent the sale Postage
of stamps at any post office established under Ordinance ^'""P^*
No. 87 (Post Office), nor the sale or exchange of postage
or revenue stamps for philatelic purposes, nor the sale of
stamps by any person licensed for that purpose under
regulations made under Ordinance No. 87 (Post Office).
67.—(1) No prosecution in respect of any offence institution
punishable under this Ordinance shall be instituted of proTecu^*
without the sanction of the Commissioner. tion-
(2) The Chief Revenue Authority, or any officer
generally or specially authorized by him in this behalf,
may stay any such prosecution or compound any such
oft'ence.
(3) The amount of any such composition shall be
recovered under Ordinance No. 22 (Crown Suits).
Chapter IX.
DEATH DUTIES.
QQ—(1) In the case of every person dying after the Estate duty-
first clay of February, 1908, there shall, in the cases set
out in article 1 of schedule A, be levied and paid upon the
principal value ascertained as hereinafter provided of all
property which passes on the death of such person, a
stamp duty called " estate duty" at the graduated rates
mentioned in that article.
(2) In the case of any person dying before the said date
the duties payable under the Stamp Ordinance, 1885, shall x. of m&.
continue to be payable in all respects as if this Ordinance
had not been passed.
790
A.D. 1 9 0 7 .
S. 69.
STAMPS.

What 69.—(1) Property passing on the death of the deceased

deemed"\i' ^^^^^^ ^ dceiued to includc the property following :—
pass on death. (^j^ property of which the deceased was a t the time
of his death competent to dispose;
(b) property in which the deceased or any other
person had an interest ceasing on the death of
the deceased, to the extent to which a benefit
accrues or arises by the cesser of such interest;
but exclusive of property the interest in which
of the deceased or other person was only an
interest as holder of an office, or recipient of
the benefits of a charity;
(c) property taken as a donatio -mortis causa made by
any person dying after the first day of
February, 1908, or taken under a disposition,
made by any person so dying, jjurporting to
operate as an immediate gift inter vivos
whether by way of transfer, delivery, declara-
tion of trust, or otherwise which has not been
bona fide made twelve months before the death
of the deceased or taken under any gift,
whenever made, of which property bona fide
possession and enjoyment has not been
assumed by tlie donee immediately upon the
gift and thenceforward retained to the entire
exclusion of the donor, or of any benefit to
him by contract or otherwise;
(d) property which a person dying after the said
date, having been absolutely entitled thereto,
has caused or causes to be transferred to or
vested in himself and any other person jointly
whether by disposition or otherwise, including
also any purchase or investment effected by
the person who was absolutely entitled to the
property either by himself alone, or in concert,
or by arrangement with any other person,
so that the beneficial interest therein or in
some p a r t thereof ])asses or accrues by sur-
vivorship on his death to such other person;
(e) pro})erty passing under any past or future settle-
ment made by any person dying after the said
date by deed or any other instrument not
taking effect as a will, whereby an interest in
 791
A.D. 1 9 0 7 .
Ss. 70-71.
STAMPS.

such property, or the proceeds of sale thereof,

for life or any other period determinable by
reference to death is reserved either expressly
or by implication to the settlor or whereby the
settlor may have reserved to himself the right
by the exercise of any power to restore to
himself, or to reclaim the absolute interest in
such property or the proceeds of sale thereof;
(/) any annuity or other interest purchased or
provided by the deceased either by himself
alone or in concert or by arrangement with
any other person, to the extent of the beneficial
interest accruing or arising by survivorship
or otherwise on the death of the deceased.
(2) Property passing on the death of the deceased shall '-Trust
not be deemed to include property held by the deceased as ^'"^'^'^ ^'
trustee for another person, under a disposition not made
by the deceased or under a disposition made by the
deceased more than twelve months before his death where
possession and enjoyment of the property was bona fide
assumed by the beneficiary immediately upon the creation
of the trust and thenceforward retained to the entire
exclusion of the deceased or of any benefit to him by
contract or otherwise.
70.—(1) Estate duty shall not be payable in respect of Exception for
property passing on the death of the deceased by reasonformoney
only of a bona fide purchase from the person under whose consideration ,
disposition the property passes nor in respect of the
determination of any annuity for lives where such
purchase was made or such annuity granted for full con-
sideration in money or money's worth paid to the vendor
or grantor for his own use or benefit.
(2) Where any such purchase was made, or annuity
granted for partial consideration in money or money's
worth paid to the vendor or grantor for his own use or
benefit the value of the consideration shall be allowed as
a deduction from the value of the property for the purpose
of estate duty.
7 1 . For determining the rate of duty to be paid on any Aggregation
property passing on the death of the deceased, all property Lm°ine*^*°
so passing in respect of which duty is chargeable shall ^'^^^J^^^^
be aggregated so as to form one estxite, and the duty shall estate duty.
792
A.D. 1 9 0 7 .
S. 72.
STAMPS.

be charged at the proper graduated rate on the principal

value thereof.
Payment of 72.—(1) Estate duty shall be payable as hereinafter
estate duty.
mentioned.
Collection and (2) The executor of the deceased shall pay the estate
recovery. duty in respect of all property of which the deceased was
competent to dispose at the death by stamps affixed to the
affidavit for the Commissioner and may pay in like
manner the estate duty in respect of any other property
passing on such death, which by virtue of any testa-
mentary disposition of the deceased is under the control
of the executor or in the case of property not under his
control if the persons accountable for the duty in respect
thereof request him to make such payment.
Revision for (3) Where the executor does not know the amount or
unknown value of any property, which has passed on the death, he
values.
may state in the affidavit for the Commissioner that sucli
property exists, but that he does not know the amount or
value thereof and that he undertakes as soon as the amount
and value are ascertained to bring in an account thereof
and to pay both the duty for which he is or may be liable
and any further duty payable by reason thereof for which
he is or may be liable in respect of the other property
mentioned in the affidavit.
Collection (4) Estate duty so far as not paid by the executor
from others shall be paid by stamps affixed to an account setting forth
than
executor. the particulars of the property and delivered to the Com-
missioner within twelve months after the death, by the
person accountable for the duty; or within such further
time as the Commissioner allows.
Estate (5) Every estate shall include all income acprued upon
includes tlio property included therein down to and outstanding
accrued
income. at the date of the death of the deceased.
Interest (6) Interest at the rate of four per centum per annum
payable on
estate duty. on the estate duty shall be paid from the date of the death
up to the date of the delivery of the affidavit or account,
or the expiration of six months after the death, whichever
first happens, and shall form part of the estate duty, and
subject as aforesaid interest at the rate of six per centum
for the first year, eight per centum for the second year,
and ten per centum for every subsequent year or part of
a year during which probate or letters of administration
 793
A.D. 1 9 0 7 .
S. 73.
STAMPS.

have not been obtained shall accrue on the estate duty

payable.
(7) The payment of interest shall not relieve any
person from any penalty he has incurred under this
Ordinance.
(8) The duty which is to be collected upon an affidavit Date when
for the Commissioner or account, shall be due on the ^g*^',^^g'Jjyp
delivery thereof or on the expiration of six months from
the death, whichever first happens.
73.—(1) In determining the value of an estate for the Allowance for
purpose of estate duty allowance shall be made for f^n'raT'^
reasonable fiineral expenses not to exceed one thousand expen,s6,s.
dollars or two and a half per centum of the ascertained
value of the estate, whichever is the smaller, and for debts
and incumbrances but an allowance shall not be made
(a) for debts incurred by the deceased, or incum-
brances created by a disposition made by the
deceased, unless such debts or incumbrances
were incurred or created bona fide for full
consideration in money or money's worth
wholly for the deceased's own use and benefit
and take effect out of his interest;
(b) for any debt in respect whereof there is a right
to reimbursement from any other estate or
person unless such reimbursement cannot be
obtained; or
(c) more than once for the same debt or incumbrance
charged upon different portions of the estate;
and any debt or incumbrance for which an allowance is
made shall be deducted from the value of the property
liable thereto.
(2) An allowance shall not be made in the first instance Jrop^^ty of
for debts due from the deceased to persons resident out resident
of the Colony, unless contracted to be paid in the Colony "'jj^'^yi'^
or charged on property situate withm the Colony, except
out of the value of any property of the deceased situate
out of the Colony in respect of which estate duty is paid;
and there shall be no repayment of estate duty in respect
of any such debts, except to the extent to which it is shown
to the satisfaction of the Commissioner that the property
of the deceased situate in the country m which the person
794
A.D. 1 9 0 7 .
S. 74.
STAMPS.

to whom such debts are due resides is insufficient for

their payment.
Property (3) Where any property passing on the death of the
situate OHtbi(ro
-jurisdiction. deceased is situate in any country outside the jurisdiction
of the Supreme Court and the Commissioner is satisfied
that by reason of such death any duty is payable in that
country in respect of that property, he shall make an
allowance of the amount of that duty from the value of
the property.
Principal (4) The principal value of any property shall be
value.
estimated to be the price which, in the opinion of the
Commissioner, sucli proi)erty would fetch if sold in the
open market at the time of the death of the deceased.

Filing of 74.—(1) Every person ajoplying for probate or letters

acco\mts of of'administration shall, to the best of his knowledge and
property.
belief, specify in appropriate accounts annexed to an
affidavit for the Commissioner in the prescribed form al!
the property in respect of which estate duty is payable
upon the death of the deceased and shall be accountable
for the estate duty in respect of all projDerty of which
the deceased'was competent to dispose at his death, but
shall not be liable for any duty in excess of the assets
which he has received as executor or might but for his
own neglect or default have received.
Beneficiaries (2) Where property passes on the death of the
and trustees deceased, and his executor is not accountable for the
accountable
for estatf estate duty in respect of such property every person to
duty.
Avhom any property so passes for any beneficial interest
in possession, and also to the extent of the property
actually received or disposed of. by him, every trustee,
guardian, committee, or other person in whom any
interest in the property so passing or the management
thereof is at any time vested, and every person in whom
the same is vested in possession by alienation or other
derivative title shall be accountable for the estate duty
on the property and shall, within the time required by
this Ordinance or such later time as the Commissioner
allows, deliver to the Commissioner and verify an account
for the Commissioner to the best of his knowledge and
belief, of the property; provided that nothing in this
section shall render a ])erson accountable for duty who
acts merely as agent or bailiff for another person, sucl
 795
..D. 1 9 0 7 .
S, 74,
STAMPS.

person being within the Colony, in the management of

property.
Penalties for
(3) If any person takes possession of or in any wa^ default in
administers any part of an estate in respect of which taking out
duty is leviable on the death of any deceased person or probate.
of the income of any part of such estate without obtain-
ing probate or letters of administration of such estate
or without delivering an account, as the case may be,
within six months after the decease or within two
months after the termination of any action or proceed-
ing respecting the will or the right to letters of adminis-
tration, if there is any such which is not ended within
four months after such decease, or if any person who
ought to deliver any affidavit or account neglects to do
so within the said period, he shall forfeit to His Majesty
the sum of five hundred dollars and shall also be liable
to pay to His Majesty double the amount of duty
leviable and the same shall be a debt due from him to
the Crown, and may be recovered under Ordinance
No. 22 (Crown Suits).
(4) The Commissioner may summon before him any Powers of
Commissioner
person
(a) accountable for estate duty;
(b) whom he believes to have taken possession of or
administered any part of the estate in
respect of which duty is leviable on the death
of the deceased, or of the income of any part
of such estate;
(c) whom he believes to be indebted to the deceased;
or
(d) whom he believes to be capable of giving infor-
mation as to such estate,
and may examine such person with regard to the pre-
mises and may require any such person to produce any
documents in his custody or power relating to the estate
in respect of which duty is leviable on the death of the
deceased.
Penalties for
(5) Any such person who without any lawful impedi- not delivering
ment or excuse, to be allowed by the Commissioner, fails account, etc
to come before the Commissioner at the time appointed
or refuses to answer any question lawfully put him by
the Commissioner or fails to produce any such document
as aforesaid, shall forfeit to His Majesty the sum of five
796
A.D. 1 9 0 7 .
S. 74.
STAMPS.

hundred dollars which shall be a debt due to the Crown

and may be recovered under Ordinance No. 22 (Crown
Suits) and in addition to such forfeiture the Commis-
sioner may apply to tlie Supreme Court in a summary
manner in the matter to which his inquiry relates for
an order enforcing compliance with his reasonable
requirements.
Power to
reduce
(6) The Commissioner, or in any proceeding* for the
pennlty. recovery of any penalty to which any person is liable
under these rules, the Court, may reduce any penalty to
which any person is liable under this section.
Persons (7) Nothing in this section shall be held to render
entitled to liable any person who is entitled under any Ordinance
deliver with-
out letters to deliver or order to be delivered property of a deceased
not liable.
person without letters of administration being taken
outnor the person to whom property shall be delivered
by or by the order of such person.
Aifidavits and (8) All affidavits and accounts required under this
accounts to be section shall be delivered to the Commissioner, who shall
delivered to
the Commis- before the affidavit or account is stamped make such
sioner. inquiry respecting tlie contents of, or particulars verified
by, such affidavit or account and the value of the various
properties included therein as he thinks necessary.
(9) The person making or tendering such affidavit
shall be legally bound to attend at the office of the Com-
missioner whenever required by him and to furnish and
produce to the Commissioner such explanations and
documentary or other evidence as the Commissioner
requires. *
Inspection of (10) The Commissioner, if he thinks fit, may authorize
property.
a person to inspect any property and report to him the
value thereof for.the purposes of this Ordinance, and if
he does so the person having the custody or possession
of that property shall permit the person so authorized to
inspect at such reasonable times as the Commissioner
considers necessary.
Costs of (11) When the Commissioner requires a valuation to
valuation.
be made by a person named by him the costs of such
valuation shall be defrayed by the Commissioner.
Certificate. (12) When the Comiiiissioner has ascertained the
amount of duty payable on an affidavit or on an account
 .• 797
A.D. 1 9 0 7 .
Ss. 75 & 76.
STAMPS.

he shall certify the same 'in writing in the prescribed

form and the proper stamps shall forthwith be affixed to
the affidavit or account.
(13) The Commissioner shall not stamp any such interest to bo
affidavit or account until he has made his certificate and ^amping?'^
until the interest due in accordance with section 72 (6)
has been made.

75.—(1) No probate or letters of administration shall Probatenotto

be issued by any Court until the Commissioner has cer- eatatrduty"''^
tified in writing that the estate duty payable in respect paid.
of the estate has been paid or that he has allowed pay-
ment thereof to be postponed under subsections (2) or (.5).
(2) When the affidavit for the Commissioner contains when value
the statement and undertaking specified in section 72 (3), asce'riained
the Commissioner may allow j^ayment of the whole or immediately.
any part of the estate duty to be postponed until after
the issue of probate or letters of administration upon
condition that a further and complete affidavit shall be
filed and the proper duty paid thereon as soon as the
full value of the estate has been ascertained.
(3) The Commissioner may require the person apply-
ing for such probate or letters of administration to enter
into a bond with or without sureties in such an amount
as he thinks fit to secure the filing of such affidavit as
aforesaid and the payment of the proper duty thereon
within such time as is named in such bond.
(4) Such bond may be in the prescribed form.
(5) Where the Commissioner is satisfied that the estate nefen-ed
duty leviable in respect of any property cannot without P^y™'^'*-
excessive sacrifice be raised at once, he may allow pay-
ment to be postponed for such period, to such extent and
on pa3anent of such interest not exceeding six per centum
or any higher interest yielded by the property, and on
such terms as the Commissioner thinks fit.
76.—(1) Where it is proved to the satisfaction of the Repayment
Commissioner that too much estate duty has been paid, °^''^<'<"'^-
the excess shall be repaid by him.
(2) If it is afterwards discovered that for any reason Further
too little duty has been paid the person accountable for ^.^^f,;^*""
estate duty shall within one month of the discovery
deliver a further affidavit or further account and shall
798
A.D. 1 9 0 7 .
S, 76.

STAMPS,

pay the difference between the duty chargeable accord-

ing to the true value of the estate and the duty already
paid and shall at the same time pay to the Commis-
sioner interest ui)on the duty at the rate mentioned in
section 72 (6) per annum from the date of the death or
from such subsequent date as the Commissioner in the
circumstances thinks proper.
Payment of (dj Sucli additional duty shall be paid by stamps
additional
duty. affixed to the original affidavit or account.
(4) If any person who ought to deliver a further
affidavit or account as in subsection (2) mentioned
neglects to do so within the prescribed period he shall
forfeit to His Majesty the sum of five hundred dollars
and shall also be liable to pay to His Majesty double the
amount of additional duty chargeable and the same shall
be a debt due from him to the Crown and may be
recovered under Ordinance No. 22 (Crown Suits).
No claim for
retum of
(5) If there has been an appeal under section 80 from
excess or for a certificate of the Commissioner made under sec-
additional tion 74 (12), no claim shall be made for the return
duty except
when par- of excess duty or for the payment of additional duty
ticulars
incorrectly except on the ground that the particulars of the property
stated iu
affidavit.
passing on the death of the deceased, or the general
expenses, debts or incumbrances for which allowance was
made, were not correctly stated in the affidavit or account.
Interests in
expectancy. (6) When an estate includes an interest in expectancy,
estate duty in respect of that interest shall be paid, at
the option of the ])erson accountable for the duty, either
with the duty in respect of the rest of the estate or v.lien
the interest falls into possession, and if the duty is not
])aid with the estate duty in respect of the rest of the
estate, then
(a) for tlie ])urpo.'-'e of determining the rate of est-ite
duty in respect of the rest of the estate, the
value of the interest shall be its value at the
date of the death of the deceased; and
(b) the rate of estate duty in respect of the interest
when it falls into possession shall l)e calcu-
lated according to its value when it falls into
jiossession, together witli the value of the rej^t
of the estate as [n'eviously a.^certained.
 799
A.D. 1 9 0 7 .
S. 77-
STAMPS.

(7) The value of the benefit accruing or arising from Vaiue of

interests
the cesser of an interest ceasing^ on the death of the ceasing
ceasinj on
deceased shall, " ^ieath.
(a) if the interest extended to the whole income of
the property, be the principal value of that
property; and
(b) if the interest extended to less than the whole
income of the property, be the principal
value of an addition to the property equal to
the income to which the interest extended

77.—(1) A rateable part of the estate duty on an Charge of

estate, in proportion-to the value of any property which prlTperty. ^ ""^
does not pass to the executor as such, shall be a first
charge on the property in respect of which duty is levi-
able; provided that the ^^roperty shall not be so
chargeable as against a bona, fi.de purchaser thereof for
valuable consideration without notice.
(2) If the rateable part of the estate duty in respect Eoimburse-
of any property is paid by the executor, it shall, where "^utor.
occasion requires, be repaid to him by the trustees or
owners of the property.
(3) A person authorized or required to pay the estate Raising estate
^ \ • ' , 0 J P . I C "nty by sale,
duty in respect of any property tor the purpose ot pav- mortgage or
ing the duty or raising th3 amount of dutv when already terminable
paid, may, Avhether the property is or is not vested in °'
him, raise the amount of such duty and any interest and
expenses properly paid or incurred b}^ him in respect
thereof by the sale or mortgage or a terminable charge
on that property or any part thereof.
(4) A person having a limited interest in any property Payment hy
•who pay,s the estate duty in respect of that property
shall be entitled to the like charge as if the estate duty
in respect of that property had been raised by means of
a mortgage to him.
(5) Any money arising from the sale of property com- Payment of
prised in a settlement or held ui)on trust to lay out upon u'Ja[,itai'"^
the trusts of a settlement may be expended in paying money."
anv estate dutv in respect of property comprised in the
settlement and held upon the same trusts.
800
A.D. 1 9 0 7 .
Ss. 78-80.
STAMPS.

Apportion- 78.—(1) In the case of property which does not pass

ment of
estate duly.
to the executor as such, an amount equal to the proper
rateable part of the estate duty may be recovered by the
person, who being authorized or required to pay the
estate duty ifi respect of any property has paid such
duty, from the person entitled to any sum charged on
sucii property, whether as capital or as an annuity or
otherwise, under a disposition not containing any express
provision to the contrary.
Disputes. (2) Any dispute as to the proportion of estate duty to
be borne by any property or person may be determined
upon application by way of summons in the Supreme
Court.
Parties bound (3) Any party from whom a rateable part of estate
by accounts duty can be recovered under this section shall be bound
as settled.
by the accounts and valuations as settled between the
jjerson entitled to recover the same and the Commis-
sioner.

special pro- 7 9 . In the following cases :—

vision as to
rates of (a) where at the date of the death of the deceased
interest in
certain cases. there is no person within the Colony or the
Federated Malay States who is entitled to
apply for probate or letters of administra-
tion to his estate; or
(b) where the deceased left a will and was not
resident within the Colony or the Federated
Malay States at the time of his death,
the period of six months mentioned in section 72 (6) and
(8) and in section 74 (5) shall be read as twelve months
and in the latter subsection the period of four months
shall be read as ten months.

Appeal lo 80.—(1) Any person aggrieved by the decision of the

CourHn Commissioner with respect to the amount of estate duty
pa>-mentofor payable on an affidavit or account or witli respect to the
forduty^""" re])ayment of any excess duty or to any claim for addi-
ciaimed. tioual duty by the Commissioner and whether he is
aggrieved on the ground of the value of any property or
the rate charged or otherwise, may, on payment of, or
giving security as hereinafter mentioned for, the duty
claimed by the Commissioner or such portion of it as is
 801
A.D. 1 9 0 7 .
S. SI-
STAMPS.

then payable by him, appeal to the Supreme Court within

three months from the date of the decision and the
amount of the duty shall be determined by the Supreme
Court and if the duty is less than that paid to the Com-
missioner the excess shall be repaid.
(2) No appeal shall be allowed from any order, direc- ^"j^Pfg^^f^jo^
tion, determination or decision of the Supreme Court ofTupreme™
under any appeal under this section except with the {^^ve''"*''°'*
leave of the Supreme Court or Court of Appeal.
(3) The costs of the appeal shall be in the discretion ^™*'Jg*
of the Court, and the Court, where it appears to the "^'"''•°-
Court just, may order the Commissioner to pay on any interest on
excess of duty repaid by him interest at the rate of four ''^"''^^ "P^'^-
per centum per annum for such period as appears to the
Court just.
(4) The Supreme Court, if satisfied that it would l^{^^^,°^^
impose hardship to require the appellant as a condition appeal may
of the appeal to pay the Avhole, or as the case may be, ^^itt.^^^"^^*^
any part of the duty claimed by the Commissioner or of
such portion of it as is then payable by him, may allow
an appeal to be brought on payment of no duty or of
such paTt only of the duty as to the Court seems reason-
able and on security to the satisfaction of the Court
being given for the duty or so much of the duty as is not
so paid, but in such case the Court may order interest
at the rate of four per centum per annum to be paid on
the unpaid duty so far as it becomes payable under the
decision of the Court.

81.—(1) In this Chapter, unless there is something JJ^^J^^'^P™'*'

repugnant in the subject matter or context,
"Deceased person" and "the deceased" mean a
person dying after the first day of February,
1908;
" W i l l " includes any testamentary instrument;
" Executor " means the executor or administrator of
a deceased person and includes as regards
any obligation under this Chapter, any person
who takes possession of or intermeddles with
the property of a deceased person;
"Estate duty" means estate duty under this
Chapter;
Vol. I I , 51
802
A.B; 1 9 0 7 .
S. 81.
STAMPS.

" P r o p e r t y " includes the proceeds of sale thereof

and any sale or investment for the time being
representing the proceeds of sale;
" Interest in expectancy" includes an estate in
remainder or reversion and every future
interest whether vested or contingent, but
does not include reversions expectant upon
the determination of leases;
" Incumbrances " includes mortgages and terminable
charges;
" P r o p e r t y passing on the d e a t h " includes property
passing either immediately on the death or
after any interval and either originally or
contingently, and either originally or by way
of substitutive limitation, and the expression
"on the d e a t h " includes " a t a period ascer-
tainable only by reference to the death."

Presumptions. ^g) For the purposc of this Chapter

(a) a person shall be deemed competent to dispose of

property if he has such an estate or interest
therein or such general power as would, if he
was sui juris, enable him to dispose of the
property; and the expression "general
power" includes every power or authority
enabling the donee or other holder thereof to
appoint or dispose of property as he thinks
fit, whether exercisable by instrument inter
vivos or by will, or both, but exclusive of any
power exercisable in a fiduciarv capacity
under a disposition not made by himself or
as mortgagee;
(b) a disposition taking effect out of the interest of
the deceased person shall be deemed to have
been made by him, whether the concurrence
of any other person was or was not required;

(c) money which a person has a general power to

charge on property shall be deemed to be
property of which he has power to dispose.
 808
A.D. 1 9 0 7 .
S. 82.
STAMPS

Chapter X.
MISCELLANEOUS,
82.—(1) The Chief Revenue Authority may authorize Composition
any banker having authority to issue bank notes upon hank'^notes
giving such security for payment of the composition allowed,
hereinafter mentioned and for keeping, producing and
rendering accounts as the Chief Revenue Authority
thinks fit, to issue bank notes on unstamped paper and to
compound for the duty payable thereon by payment to
the Commissioner Vithin the first five days of each month
of one twenty-fourth per centum on the average value of
such notes in circulation during the immediately pre-
ceding month.
(2) Every banker issuing bank notes shall on the first ^ansmit to
day of each month transmit to the Commissioner an commissioner
account of the average circulation of his notes during ^ccllml
the immediately preceding month signed by himself and
by his accountant.
(3) To ascertain the monthly average, the aggregate av°er8gl%ow
value of the notes in circulation on every day of business ascertained.
during the month shall be divided by the number of days
of business in such month and the average so ascertained -
shall be deemed to be the average in circulation.
(4) All bank notes shall be deemed to be in circulation
from the time the same have been issued until the same
have been actually returned.
(5) Every book of every banker in which is entered any commisfioner
account minute or memorandum of or relating to the to inspect
bank notes issued by him or m circulation or any account, accounts.
minute or memorandum the sight or inspection whereof
may tend to secure the rendering of true accounts or to
test the truth of any such account shall be open for the
inspection and examination at all reasonable times of the
Commissioner who may take copies thereof or extracts
therefrom. ;
(6) The Commissioner shall not exercise the powers
aforesaid without the authority of the Governor in
Council. _,
Vol. II. ^^*-
804
A.D. 1 9 0 7 .
Ss. 83-86.
STAMPS.

Books, etc., in 8 3 . Every public officer having in his custody any

the custody of
public officers registers, books, records, papers, documents or proceed-
may be
inspected
ings the inspection whereof may tend to secure any duty
without fee. or to prove or lead to the discovery of any fraud or omis-
sion in relation to any duty, shall at all reasonable times
permit any person authorized in writing by the Commis-
sioner to inspect for such purpose the registers, books,
papers, documents and proceedings and to take such
notes and extracts as he deems necessary without fee or
charge.

Power to 8 4 . The Governor in Council may by rule or order

reduce, remit
or com pound published in the Gazette
duties.
(a) reduce or remit whether prospectively or retro-
spectively in the whole or any part of the
Colony the duties with which any instrument
or any particular class of instruments, or any
of the instruments belonging to such class
or any instruments when executed by or i n '
favour of any particular class of persons or
by or in favour of any members of such class,
are chargeable; and
(b) provide for the composition or consolidation of
duties in the case of issues by any incor-
porated company or other body corporate
of debentures bonds or other marketable
securities.
Rules. 8 5 . The Governor in Council may make rules to carry
out generally the purposes of this Ordinance, and may by
such rules prescribe the fines, which shall in no case
exceed one hundred dollars to be incurred on breach
thereof.
One-third may 86.—(1) The Governor may with the concurrence of
be carried to
" Improve- the Secretary of State direct that not more than one-
ment Fund." third of the moneys collected under this Ordinance shall
be carried to the funds established under section 86 of
Ordinance No. 118 (Liquors Revenue) and called "The
Improvement Fund."
(2) No payment to such fund shall be liable to be
assessed to the Military Contribution.
 805
A.D. 1 9 0 7 .
Schedules,
STAMPS.

SCHEDULE A.
Description of Instrument. Proper Stamp Duty.

AFFIDAVIT and ACCOUNT of estate duty : —

(a) Where the estate and effects for or in respect At the rate of $1 for
of which the Probate or Letters of every $100 and for
Administration is or are to be granted, every fractional part
exclusive of what the deceased was of $100 over any
possessed of or entitled to as trustee and multiple of $100.
not beneficially, are above the value of
and not alDOve the value of |4,250,
(b) Where such estate and effects are above the At the rate of $2 for
value of 14,250 and not above the value every $100 and for
of |8,570. every fractional part
of $100 over any
multiple of $100.
(c) Where such estate and effects are above the At the rate of $3 foa,
value of |8,5^0 and not above the value every $100 and for
of 185,700. every fractional part
of $100 over any
multiple of $100.
(d) Where the estate and effects are above the At the rate of $4 for
value of 185,700 and not above the value every $100 and for
of 1214,250. every fractional part
of $100 over any
multiple of $100.
(e) Where the estate and effects are above the At the rate of $4.50 for
value'of 1214,250 and not above the value every $100 and for
of 1428,500. every fractional part
of $100 over any
multiple of $100.
(/) Where the estate and effects are above the At the rate of $5 for
value of 1428,500 and not above the value every $100 and for
every fractional part
of 1642,750.
of $100 over any
multiple of $100.
(g) Where the estate and effects are above the Attherateof$5.50for
every $100 and for
value of 1642,750 and not above the value
every fractional part
of 1857,000.
of $100 over any
multiple of $100.
(h) Where the estate and effects are above the At the rate of $6 for
value of 1857,000, but not above the value every $100 and for
of $1,285,500. every fractional part
of $100 over any
multiple of $100.
806
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

(i) W h e r e t h e estate a n d effects are above t h e A t the rate of $7 foi

value of 11,285,500. every $100 aiSi for
everyfractional part
of $100 over any
multiple of $100.
2. A F F I D A V I T , STATUTOEY DECLARATION OR DECLARA- $1.00.
TION IN W R I T I N G on oath or affirmation, m a d e
before a person authorized by law to administer
an oath.
Exemptions : —Affidavit or Declaration in w r i t i n g
when m a d e
(a) for t h e i m m e d i a t e purpo,se of being filed or
used i n a n y Court or before a n y J u d g e
or officer of any C o u r t ; or
• (b) for t h e sole purpose of enabling a n y person
to receive any pension or chajitable allow-
ance ;
(c) by a snrety for an officer of t h e Government
with regard to t h e s u r e t y ' s means.
3 . AGREEMENT for a lease See L E A S E .
4. A G R E E M E N T OR MEMORANDUM OF A G R E E M E N T
25 cents.
m a d e under hand only, ajid not otherwise
specially charged with any d u t y , w h e t h e r t h e
same is only evidence of a contract or obligatory
on t h e parties from its being a written
instrument.
Exemptions :—Agreement or M e m o r a n d u m
(a) for or r e l a t i n g to t h e sale of a n y goods,
wares or merchandise other t h a n a h i r e
or purchase a g r e e m e n t ;
(6) for service or personal employment where
t h e wages do not exceed | 2 5 per m o n t h ,
and a n y agreement between t h e master
and mariners of any vessel or boat for
. wages;
(c) t h e m a t t e r whereof is not of t h e value of
f 25;
(d) for t h e reference of any matter to
arbitration.
5. A N N U I T Y : —
Conveyance i n consideration of ... See CONVEYANCE ON
SALE.
Other i n s t r u m e n t c r e a t i n g The same d u t y as a
mortgage for the
amount deemed to
be secured thereby.
 807
A.D, 1 9 0 7 .
Schedules,
STAMPS.

SCHEDULE A,—continued.

Description of Instrument. Proper Stamp Duty.

6. APPOINTMENT of a new TRUSTEE, and APPOINT- $5.00.

MENT in execution of a Power of any property
moveable or immoveable, or of any use, share,
or interest in any property by any instrument
not being a Will.
7. APPRAISEMENT or VALUATION of any property or
of any interest therein, or of the annual value
thereof, or of any dilapidations or of any repairs
wanted, or of the materials and labour used or
to be used in any building, or of any artificer's
work whatsoever.
Where the amount of the appraisement or valuation 10 cents.
does not exceed | 5 0
Exceeds $50 and does not exceed $100 . 25 cents
100 200 . 50 „
200 300 . $1.00.
300 400 1.60.
400 500 . 2.00.
500 1,000 . 4.00.
1,000 2,000 . 6.00.
2,000 5,000 . 8.00.
5,000 10.00.
Exemptions.
(1) Appraisement or valuation made for and for
the information of one party only, and
not being in any manner obligatory as
between parties either by agreement or
operation of law.
(2) A Certificate of an architect or engineer as
to the value of work done under a
building or engineering contract.
(3) Appraisement or valuation made in pur-
suance of the order of any Court.
(4) Appraisement or valuation of property of a
deceased person made for the information
of an executor or other person required
to deliver an affidavit or account of the
estate of such deceased person.
(5) Appraisement or valuation of any property
made for the purpose of ascertaining tbe
estate duty payable in respect thereof.
808
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

8. A P P R E N T I C E S H I P D E E D $1.00.

Exemption :—Instrument r e l a t i n g to a n y poor child

apprenticed b y a n y public institution o r a t t h e
charge of a n y public c h a r i t y .

9. A S S I G N M E N T : —
B y way of security or of a n y security See MORTGAGE.
Upon a sale or otherwise ... See GONVEYANCB.

10. A S S U R A N C E . . . .. See POLICY.

11. AVERAGE See B O N D .

12. A W A R D : —

(a) in a n y case in which a n a m o u n t or value is F o r every $100 award-

the m a t t e r in dispute. ed a n d for every
fractional part of
$100 over any mul-
tiple of $100, 1 0 .
cents b u t not to
exceed in a n y case
$20.

(b) wliere no a m o u n t or value is stated $5.00.

13. BANK N O T E The same d u t y as a

Promissory Note
(see B I L L OF E X -
CHANGE, Article 15)
unless the duty is
compounded for,

14. B I L L OF E X C H A N G E . — P a y a b l e on d e m a n d o r a t 4 cents.
sight or on presentation.

15. B I L L O F E X C H A N G E of a n y o t h e r k i n d whatsoever
(except a Cheque) a n d P R O M I S S O R Y N O T E of a n y
kind whatsoever drawn, or expressed t o be
payable, o r actually paid or endorsed, o r in a n y
m a n n e r negotiated i n t h e Colony.

W h e r e t h e a m o u n t or value of t h e money for which 5 cents.

t h e bill or note is drawn or m a d e does not exceed
 809
A,D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.'—continued.

Description of Instrument. Proper Stamp Duty.

Where the amount or value of the money for which cents for $100 and
the Bill or Note is drawn or made exceeds $100 an extra 5 cents for
every $100 and for
everyfractional part
of $100 over any
multiple of $100 of
the amount or value
of the money for
which the Bill or
Note is drawn or
made.
NOTE.—When a bill of exchange is drawn in a set
according to the custom of merchants, and one
of the set is duly stamped, the other or others
of the set shall, unless issued or in some manner
negotiated apart from such duly stamped bill,
be exempt from duty; and, upon proof of the
loss or destruction of a duly stamped bill
forming one of a set, any other bill of the set
which has not been issued or in any manner
negotiated apart from such lost or destroyed
bill, may, although unstamped, be admitted in
evidence to prove the contents of such lost or
destroyed bill.
16. B I L L OF LADING 10 cents for each copy.
17. B I L L OF SALE : —
Absolute See CONVEYANCE,
By way of security ... See MORTGAGE.
18. BOND for securing the payment or repayment See MORTGAGE.
of money or the transfer or retransfer of stock.
19. BOND or MORTGAGE DEED executed by way of When the penalty or
of INDEMNITY or of SECURITY for the due execu- amount secured does
tion of an office, or to account for money not exceed $500:
received by virtue thereof. the same duty as a
mortgage for the
penalty or amount
secured.
In any other case, $2.
Exemption:—Band executed by an officer of the
Government or his surety to secure the duo
execution of an office or the due accounting for
money or other payments secured by virtue
thereof. . 10 cents for every
20 BOND or other obligation concerning RESPON- $100.
DENTIA and BOTTOMRY, and AVERAGE STATEMENT
or BOND where no Statement is drawn up.
 1907.
ledules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

21. BOND on obtaining Letters of Administration

where the estate does not exceed |10,000 $1.00.
Where the estate exceeds |10,000 $2.50.
Exemption:—Bond given by any person when tlie
estate to be administered does iiot exceed |1,000
in value.
22. CERTIFICATE TO , PRACTISE to be taken out
yearly,:— _ - ' _ _
(a) By every person practising as a Solicitor of $30.00.
the Supreme Court.
(b) By every person admitted and practising as $15.00. '
a Conveyancer.
23. CERTIFICATE or other DOCUMENT evidencing the 4 cents.
right or title of the holder thereof or any other
person either to- any shares, scrip, or stock in
or of any company, or to become proprietor of
shares, scrip, or stock in or of any company or
association.
24. CHARTER-PARTY $1.50.
25. CHEQUE 4 cents.
26. CONTRACT ... See AGREEMENT,
27. CONTRACT NOTE" ... ... , 5 cents.
When the amount 50 cents.
or value of the
consideration for
the sale does not
exceed $100.
Above $100 and $1.50.
28. CONVEYANCE, ASSIGNMENT or not exceeding
TRANSFER— $250.
a
Above $250 and $3.00.
(a) On sale of any property not exceeding
(except shares in a $500.
company). And for every fur- $1.50.
ther $250 or any
\ part thereof.
(b) Of shares in a Company whether on sale or
otherwise, to be computed on the price
or value thereof on date of the transfer
of such shares—For every flOO or
fractional part of flOO.
(i) When the name of the Transferee is 10 cents.
filled in prioi' to the executipi). of the %
transfer b^' the Transferor.
 811
A,D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

(ii) When the name of the Transferee is not 30 cents.

filled in prior to the execution of the
transfer by the Transferor (commonly
called "^ a blank transfer " ) .
-(c) Of any property except such shares as .See MORTGAGE,
aforesaid by way of security or of any
security.
(^)*0f any property except such shares as The same duty as a
aforesaid by way of gift (uot being a Conveyance on sale
,» settlement). for a consideration
equal to the value
of the property.
(e) For the purpose of effectuating an appoint- $5.00.
ment of a new Trustee.
Exemptions:—Transfers by Endorsement
(i) of a Bill of Exchange, cheque or j)romissory
Note.
• (ii) of a Bill of Lading, warrant of goods or
other mercantile document of title to
, goods,
(iii) of a Policy of insurance.
29. or EXTRACT (attested or in any manner
COPY (1) If the original
authenticated) of or from was not chargeable
(a) An instrument chargeable with any duty. with duty, or if the
* (b) An original will or codicil. duty with which it
(c) The probate or probate copy of a will or was chargeable does
codicil. / not exceed fifty cents:
(d) Any letters of administration. 25 cents.
(e) Any public register (except any register of (2) In any other
births, baptisms, marriages, deaths, or case: 50 cents.
burials).
(/) The books, rolls, or records of any Court.
Exemptions.
(a) Copy of any paper which a public officer is
expressly required by law to make or
furnish, for record in any public offic?,
or for any public purpose.
(b) Copy or extract of or from any law
proceedings.
30. COUNTERPART or DUPLICATE of any instrument
chargeable with duty, and in respect of which
the proper duty, has been paid : provided that
the original shall be produced duly stamped,
if required by the Commissioner.
812
A,D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp D u t y .

(a) I f the d u t y with which t h e original instru- The same duty as

m e n t is chargeable does n o t exceed 50 is payable on t h e
cents. original.
(b) I n a n y other case 50 cents.

31. COVENANT.—
A n y separate deed of covenant (not being a deed $5.00.
chargeable with ad valorem d u t y as a Convey-
ance or Mortgage) m a d e on t h e sale or m o r t g a g e
of a n y property, or of a n y r i g h t o r interest
therein, a n d r e l a t i n g solely t o t h e conveyance
or enjoyment of o r t h e t i t l e t o t h e property sold
or mortgaged, o r t o t h e production of t h e
m u n i m e n t s of t i t l e r e l a t i n g thereto, or to all
or a n y of t h e mattera aforesaid.

32. DEBENTURE See M A R K E T A B L E

SECURITY.
3 3 . DECLARATION or REVOCATION of a n y use or t r u s t $3.00.
of o r concerning a n y property b y a n y w r i t i n g ,
not being a deed o r will, o r a n i n s t r u m e n t
chargeable with d u t y as a settlement.

34. D E E D of any kind n o t described in t h e Schedule. $5.00.

35. D E P O S I T of T I T L E D E E D S . . . See MORTGAGE.

36. DUPLICATE ... See COUNTERPART.

37. EQUITABLE MORTGAGE See MORTGAGE.

38. E X C H A N G E . Any instrument whereby au The same duty as a

exchange of a n y property is effected. conveyance for a
consideration equal
to the value of the
property of greater
value.

39. E X T R A C T See COPY.

40. F U R T H E R CHARGE See MORTGAGE.

41. GIFT • See CONVEYANCE.

42. I N D E M N I T Y B O N D See B O N D .

43. INSURANCE . . . See POLICY,

 818
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of I n s t r u m e n t . Proper Stamp Duty.

When the Lease is for a Period

44. LEASE OR AGREEMENT FOR LEASE of Exceeding Exceeding

Not one five years or
any land, house or other immoveable pro- exceeding t u t not for any
perty granted or made :— one Year. exceeding indefinite
fire years. term.

(a) Without fine or premium when the rent $ 0. $ C. $ «•

calculated for a whole year :—

(i) Shall not exceed in value $100 ... 0 50 1 00 2 00
(ii) Shall exceed $100 but shall not
exceed $250 ... 1 00 2 00 4 00
(iii) Shall exceed $250 but shall not
exceed $50C ,... 2 00 4 00 8 00
(iv) Shall exceed $500, for every addi-
tional $250 or any part thereof ... 1 00 2 00 4 00

(b) In consideration of a fine or premium The same duty as for a conveyance

^' T ..-i . J f^i- aa sum
for Qim-1 equal
onnn,l to the amount
and without rent
of such consideration.
Stamp of value equal to the joint
(c) In consideration of a fine or premium
value of the stamps for a con-
and reserving a rent.
veyance on sale in consideration
of the fine or premium and a
lease for the rent.
(d) LEASE executed IN PURSUANCE OF a $1.00.
duly stamped AGREEMENT for the
same on production of such agree-
ment to the Commissioner.
Exemption .—Agricultural Lease or Agree-
ment for Agricultural Lease for any
definite term not exceeding three
years when the rent reserved does
not exceed ten doUars a year.
5 cents.
45. LETTER OF ALLOTMENT and LETTER
OF EENUNCIATION or any document
having the effect of a letter of allot-
ment of shares in any Company or
proposed Company or in respect of
any loan raised or proposed to be
raised by any Company or proposed
Company,
814
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

46. L E T T E R OF ATTORNEY ... ,,. Sec P O W E R OF A T T O R -

NEY.
47. MARKETABLE S E C U R I T Y : —
F o r or in respect of t h e money thereby secured. The same ad valorem
duty according to
the nature of t h e
seourity as upon a
mortgage.
Transfer, Assignment, Disposition or Assigna-
tion of a marketable security of any
description:
Upon a sale thereof See CONVEYANCE OR
TRANSFER ON SALE.
U p o n a Mortgage thereof See MORTGAGE,

48. MORTGAGE D E E D , AGREEMENT FOR A MORTGAGE,

B O N D , D E B E N T U R E COVENANT, a n d W A R R A N T OF
ATTORNEi'*to confess and enter up J u d g m e n t ,
(a) B e i n g t h e only or principal or p r i m a r y
security for the payment or repayment of
money:—
uot exceeding | 2 5 ... ••• » ••• 10 cents.
exceeding | 25 b u t not exceeding .flOO 25 cents.
100 „ „ 250 ... 50 cents.
250 „ „ 500 ... $1.00.
a n d for every f u r t h e r sum of | 5 0 0 or a n y $1.00.
p a r t thereof.
7 . .*
One-fifth the d u t y on
(b) B e i n g a collateral or a u x i l i a r y or additional
the principal or pri-
or substituted security o^ by way of
mary seourity.
further assurance for t h e above mentioned
purpose where the principal or p r i m a r y
security is duly stamped.
(c) Transfer or Assignment of a n y mortgage One quarter the d u t y
deed, bond, debenture or covenant or of which would be
any money or stock secured by any such chargeable on a
i n s t r u m e n t or by any w a r r a n t of attorney mortgage for t h e
to e n t e r up j u d g m e n t or by a n y amount transferred.
judgment.
And also where a n y further money is added t o the The same duty as a
money already secured. principal security
for such further
money.
 815
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

(d) Reconveyance, lie-Assignment, Release,

Discharge, Surrender, Warrant to vacate,
or Renunciation of any such security as
aforesaid or of the benefit thereof or of
the money thereby secured :
(1) If the total amount of value of the 60 cents.
money does not exceed $500.
(2) I n anjr other case ... $1.00.
(e) Mortgage executed in pursuance of a duly $1.00.
stamped agreement for the same, on pro-
duction of such agreement to the Com-
missioner.
49. NOTARIAL ACT, that is to say, any instrument, 50 cents.
indorsement, note, attestation, certificate or
entry not being a Protest made or signed by
a Notary Public in the execution of the duties
of his office, or by any other person lawfully
acting as a Notary Public.
50. NOTE OF PROTEST BY THE MASTER OF A S H I P ... 25 cents.
51. PARTITION:— for each instrument ... $5.00,
Exemption:—Where duty has been paid under any
order of Court or award directing a partition
no further duty shall be payable in respect of
any instrument carrying such partition into
effect. •
52. PASSPORT (Including c larges for passport) ... $5.00. ul^^
Exemption : —Passports iss aed to Moslem pilgrims
leaving the Colony to ; lerform haji>
53. POLICY OP INSURANCE : —
A.—POLICY OF SEA INSURANCE
(1) When the amO'Unt insured does not exceed 10 cents.
• $1,000. 25 cents.
(2) When the amount insured exceeds $1,000 25 cents.
(3) FOI* Time Policies on Hulls of vessels for
every |1,000 or part thereof insured
B . — F I R E POLICY—
For all policies and renewals irrespective of the 25 cents.
sum insured or the term.
C. ACCIDENT POLICY and Policy of Insurance for 4 cents.
any payment agreed to be made during the
• sickness of any person, or his incapacity from
personal injury, or by way of indemnity against
loss or damage of or to- any property.
816
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

D . — L I F E P O L I C Y o r o t h e r i n s u r a n c e not specifically 10 cents.

provided for except such a RE-INSURANCE as is
described in Division E of this Article for
$1,000 insured.
E.—RE-INSURANCE BY AN I N S U R A N C E COMPANY; 5 cents.
which h a s g r a n t e d a Policy of Sea I n s u r a n c e
or a Policy of F i r e I n s u r a n c e w i t h a n o t h e r
Company b y w a y of i n d e m n i t y or g u a r a n t e e ,
a g a i n s t t h e p a y m e n t on t h e o r i g i n a l i n s u r a n c e
of a certain p a r t of t h e s u m insured thereby
irrespective of sum insured or t e r m .
General Exemption.
L e t t e r of cover or e n g a g e m e n t to issue a policy of
insurance.
Provided t h a t unless such letter or e n g a g e m e n t bears
the s t a m p prescribed b y this O r d i n a n c e for such
Policy n o t h i n g shall be c l a i m a b l e t h e r e u n d e r ,
nor shall i t be available for a n y purpose except
to compel t h e delivery of t h e policy t h e r e i n
mentioned.
54. P O W E R or L E T T E R OF ATTORNEY : —
(a) F o r t h e sole purpose of a p p o i n t i n g or
a u t h o r i z i n g a n y person to vote as proxy
at a m e e t i n g of a Company o r Associa-
tion : —
(1) W h e r e t h e proxy is t o vote a t one 4 cents.
m e e t i n g only.
(2) W h e r e t h e proxy is t o vote a t more 50 cents.
than one m e e t i n g .
(b) F o r t h e performance of one act only where $1.00.
t h e value of t h e property to be dealt with
is expressed in t h e P o w e r or L e t t e r aud
does not exceed $500.
(c) Of a n y kind whatsoever n o t hereinbefore $3.00.
described.
Exemption: — P o w e r o r L e t t e r of A t t o r n e y or
a u t h o r i t y given by a n y Government Officer J o r
t h e receipt of h i s salary or allowances b y a n y
other person.
55. P R O M I S S O R Y N O T E See B I L L o1
EXCHANGE.
 817
A.D. 1 9 0 7 .
Schedules,
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

56. P R O T E S T O F B I L L OR N O T E , t h a t is to say, any 50 cents.

d e c l a r a t i o n in w r i t i n g m a d e b y a N o t a r y P u b l i c ,
or other person lawfully a c t i n g as such, attest-
i n g t h e dishonour of a bill of exchange or
promissory n o t e .
57. P R O T E S T BY T H E M A S T E R OF A S H I P , t h a t is to 50 cents
say, a n y d e c l a r a t i o n of t h e p a r t i c u l a r s of h e r
v o y a g e d r a w n u p b y h i m w i t h a view t o t h e
a d j u s t m e n t of losses or t h e calculation of
averages, a n d every declaration in w r i t i n g m a d e
b y h i m a g a i n s t t h e c h a r t e r e r s or t h e consignees
for n o t l o a d i n g or u n l o a d i n g t h e ship, when such
d e c l a r a t i o n is attested or certified b y a N o t a r y
P u b l i c or other person lawfully a c t i n g as ouch.

58. PROXY ... ... See P O W E R oF

ATTORNEY.

59. R E C E I P T for a n y m o n e y or other p r o p e r t y t h e 4 cents.

a m o u n t or value of w h i c h exceeds t w e n t y
dollars.
Excm.ptions :—Receipt
(a) E n d o r s e d on or c o n t a i n e d in a n y i n s t r u m e n t
d u l y s t a m p e d or e x e m p t e d acknowledging
t h e ' receipt of t h e consideration money
th&rein expressed, or t h e receipt of a n y
p r i n c i p a l m o n e y i n t e r e s t or a n n u i t y or
other periodical p a y m e n t t h e r e i n .secured.
(ft) F o r a n y p a y m e n t of m o n e y w i t h o u t con-
sideration.
Given for money or securities for money
deposited i n t h e h a n d s of a n y b a n k e r t o
be accounted for.
(d) Given b y a n officer of t h e G o v e r n m e n t for
m o n e y or other p r o p e r t y received from
the Treasury.
P r o v i d e d t h e same b e n o t expressed to b e received of
or b y t h e h a n d s of a n y other t h a n t h e person to
w h o m t h e same is to b e accounted f o r ;
P r o v i d e d also t h a t t h i s exemption shall n o t extend
to a r e c e i p t o r a c k n o w l e d g m e n t for a n y sum
p a i d o r deposited for or upon a letter ot allot-
m e n t of a share or in respect of a call upon any
scrip or s h a r e of or i n a,ny company or associa-
t i o n o r proposed or i n t e n d e d c o m p a n y o r
association.

52
818
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

60. RECONVEYANCE OF MORTGAGED PROPERTY See MORTGAGE.

(a) If on a sale... ... The same d u t y as a

conveyance on sale.
61. R E L E A S E , t h a t is to say (b) If by way of security The same duty as a
any instrument where- mortgage.
by a' person releases (c) If hy way of gift . . . T h e same d u t y as a
any property or a n y conveyance b y way
right or interest in of gift.
any property :— (d) I n any other case not $1.00.
otherwise specially
charged with duty.
62. R E S P O N D E N T I A BOND See B O N D .

63. REVOCATION of a n y t r u s t of a n y property by See DECLARATION or

any w r i t i n g n o t being a will. TRUST.

64. (a) SETTLEMENT or A G R E E M E N T FOR A S E T T L E - The same d u t y as a

MENT. mortgage for a sum
equal to t h e amount
or value of t h e pro-
perty settled or
agreed to be settled.
(b) SETTLEMENT e x e c u t e d in P U R S U A N C E OF a s">,0(,i.
duly stamped AGREEMENT for t h e same ou pro-
duction of such agreement to t h e Commissioner.
65. SHARE C E R T I F I C A T E See CERTIFICATE.
66. SHARE W A R R A N T issued under t h e provisions of A d u t y of an amount
The Companies Ordinance, 1915, or STOCK equal to three times
CERTIFICATE to bearer. the amount of the
ad valorem duty
which would be
chargeable on an
instrument transfer-
r i n g t h e share or
shares or stock speci-
fied in the warrant.
67. SiiiL' OR C I I I N C U E W ' S R E C E I I ' T ... 5 cents,
68. SUBSTITUTION UNDER OR I N V I R T U E OF A P O W E R $1.00.
OF A T T O R N E Y .

69. SURRENDER of L E A S E . — W h e n t h e d u t y with The duty with which

w h i c h t h e lease is chargeable does not exceed such lease is charge-
$2.00. able.
Ill a.ny other case ... $5.00.
 819
A.D. 1907.
Schedules.
STAMPS.

SCHEDULE A.—continued.

Description of Instrument. Proper Stamp Duty.

70. T R A N S F E R
See CONVEYANCE.
71. VALUATION
See A P P R A I S E M E N T .
72. W A R R A N T F O R GOODS ... 5 cents.
Exemptions.
A n y d o c u m e n t or w r i t i n g given b y a n i n l a n d c a r r i e r
a c k n o w l e d g i n g t h e receipt of goods conveyed b y
such c a r r i e r .
A w e i g h t n o t e issued t o g e t h e r w i t h a d u l y s t a m p e i
w a r r a n t a n d r e l a t i n g solely t o t h e same goods,
wares o r m e r c h a n d i s e .

SCHEDULE B.
Instruments which may he stamped with either impressed or adhesive stamps.

Nature of Instrument and Reference Number thereto in Person requested to cancel

Schedule A. the adhesive stamp.

1. A G R E E M E N T — N o . 4 The person h y whom

the instrument is
first executed.
2. BILL OF EXCHANGE of any kind whatsoever
(except a c h e q u e or promissory note)—Nos. 14
and 1 5 : —
(a) w h e n d r a w n o r m a d e out of the Colonv The first holder in
the Colony.
(b) w h e n d r a w n o r made in t h e Colony ... The person by whom
the Bill is signed.
820
A.D, 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE B.—continued.

Nature of Instrument and Reference Number thereto in Person requested to cancel

the First Schedule. the adhesive stamp.

3. B I L L OF L A D I N G — N o . 16 . . . The person by whom

the instrument is
made or executed.

4. CHARTER P A R T Y — N o 24 The person b y whom

the instrument is
last executed or b y
whose execution it
is completed as a
binding contract.

5. CHEQUE .NO. 25 The drawer of the

cheque.

6. CONTRACT N O T E — N o . 27 ... T h e person by whom

the note is executed.
•
7. COPY OR E X T R A C T — N o . 29 The person by whom
• the copy or extract
is signed.
8. L E T T E R OF R E N U N C I A T I O N — N o . 45 T h e person by whom
the letter is executed.
9. NOTARIAL A C T — N o . 49 The Notary.
10. NOTE OF P R O T E S T by t h e Master of a Ship— Do.
No. 50.
11. POLICY OF INSURANCE when issued out of the T h e first holder in
Colony—No. 53. the Colony.
12. P O W E R OF ATTORNEY for t h e purpose of appoint- The person by whom
ing a proxy to vote at a m e e t i n g — N o . 54 (a). the instrument is
executed.
13. P R O T E S T OF B I L L — N o . 56 The N o t a r y .
14. P R O T E S T BY M A S T E R of a shijs—No. 57 ... Do. •
15. RECEIPT—No. 59 The person by whom
the receipt is given.
16. SHIP RECEIPT—NO. 67 Do.
17. W A R R A N T FOR GOGD.S—No. 72 The person by whom
the instrument is
executed or issued
 821
A.D. 1 9 0 7 .
Schedules.
STAMPS.

SCHEDULE C.

Nature of Instrument and the Reference N u m b e r thereto

in Schedule A. Person Liable to Pay
Duty.

1. BOND—Nos. 18 and 19
The obligor or other
person giving the
Security.
2. CONVEYANCE—No. 28
The grantee or
transferee.
3. COPY or EXTRACT—No. 20
The party requisition-
ing the same.
4. EXCHANGE—No. 38 The parties in equal
shares.
5. LEASE or AGREEMENT FOR LEASE—No. 44:
(a) Lease or agreement ... The lessee.
(b) Counter part ... The lessor.
6. MORTGAGE—No. 48 The mortgagor or
obligor.
7. PARTITION—No. 51 ... ... ... The parties thereto, in
proportion to their
respective shares in
the whole property
partitioned, unless
the partition is
made in execution
of an order made
by a Civil Court or
arbitrator, when it
shall be paid in
such proportion as
the Court or arbitra-
tor shall direct.
8. RECONVEYANCE—No. 60 The transferee or
assignee or the per-
son redeeming the
security.