THE ACTS AND OEDINAJ^CES LEGISLATIVE COUNCIL OF THE STRAITS SETTLEMENTS, 1-'R0:\1 TIIK 1st April 1867 to the 1st June 1886 ; TOGJitliiCK WITH "ElilA'.N ACTS OF PARLIAMENT, OIIDEIIS OF HER MAJESTY liN COUNCIL, LETTERS PATENT, AND INDIAN ACTS COLONY OF THE STRAITS SETTLEMENTS. In Two Volumes. — Vol. II. COMPILED FOR THE .GOVERNMENT OF THE STRAITS SETTLEMENTS BY JOHN AUGUSTUS HARWOOD, OF TltE MIDPLi; TliMPLE, E.^QUlKli;, BAHBISTEE-AT-iAW, AKI> EEfilsTRAR OJ? Tfli; SUFKBilE COURT 01' TJIE STEAITS SETTX.EMENT3 AT I'KrVANft, LONDON: fltlNTED Br EYRE AND SFOTTI S W GOD E, PKINTISKS TO THE QUUEN'S MOST EXCELLENT MAJESTY. 1886. OJnrnHl Slaui ^rliaol library CORNELL UNIVERSITY LIBRARY 924 080 340 296 Cornell University Library The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924080340296 . ..... '''^'\ THE ■kS*~"' ACTS AND ORDINm,Q:E^S LEGISLATIVE COUNCIL OF THE STRAITS SETTLEMENTS, FEOM THE 1st April 1867 to the 1st June 1886 ; TOGETHER WITH CEKTAIN ACTS OF PARLIAMENT, ORDEES OE HER MAJESTY II COUNCIL, LETTERS PATENT, AND INDIAN ACTS IN rOKCE IN THE COLON! OF THE STRAITS SETTLEMENTS. In Two Volumes. — ^Vol. II. COMPILED FOR THE GOVEEKMENT OF THE STK4ITS SETTLEMENTS ET JOHN AUGUSTUS HARWOOD, OE THE MIDDLE TEMPLE, BSqUIEE, S A Tt.H.ISTEB-AT-J.A'ff', AND EESISIEAE 01 THE SUPREME OOUET OP THE STKAITS BEITIEMENT3 AT PENANS. LONDON: PRINTED BY EYRE AND SPOTTISWOODE, FBINTEBS TO THE QTTEEN'B MOST EXCELLENT MAJESTT. 1886. INTRODUCTION. A REPRINT of the Ordinances of the Colony having become necessary, this revised edition has been compiled by me for the Government of the Straits Settlements. The contents of this edition are as follows : — 1. Certain Acts of the Imperial Parliament, Orders of Her Majesty in Council, and Letters Patent, relating to the Government or to the Supreme Court of the Colony of the Straits Settlements. 2. The Acts and Ordinances of Hhe Colony as in force upon the 1st day of Ju^^ ISSS. -A -' y 3. An Appendix containing some Indian Acts in force in the Colony referred to in the last-named Acts and Ordinances. Acts and Ordinances and parts of Acts and Ordinances which have been repealed, which have expired, or which have had their effect, have been omitted. Omissions of sections or schedules are shown by asterisks, of parts of sections or schedules by dots. The reason for each omission may be seen by reference to the prefixed Chronological Table. The Chronological Table enumerates all Acts and Ordinances passed by the Legislative Council of the Colony from the 1st of April 1867, the date of the foundation of the Straits Settlements into a Colony, separate from India, to the 1st of June, 1886. Where an Act or Ordinance directs that a section, a clause, or words be inserted or substituted in a former Act or Ordinance, in reprinting the former Act or Ordinance the insertion or substitution has been made. All such VOL. II. a 3 IV amendments are shown by being printed in italics, and tlie Ordinance by wMcli the amendment was directed may be ascertained by reference to the Chronological Table. In some instances marginal notes haye been added, in others they have been amplified or corrected. Obvious misprints have been corrected, but all correc- tions, being without authority, have been separated from the text by being placed in square brackets, and the original word, where the misprint does not consist of the omission of a word, appears below in a foot note. The date in square brackets below the title of each Act and Ordinance is, unless it is otherwise stated, the date of the coming into operation, not necessarily of the passing, of si^ch Act or Ordinance. Indexes are provided to some of the longer Acts and Ordinances. Some foot notes have been added. These are, of course, not authoritative. In a few cases, where the foot note forms part of the original Ordinance, the fact is specified. I have to thank the Hon. J. W. Bonser, Mr. ¥. A. Swettenham, C.M.Gr., and Mr. J. B. Blcum, of the Straits Civil Service, for assistance in the course of the preparation of this edition. J. A. Harwood. New Court, Temple. July. 1886. Acts of Parliament, Orders of Her Majesty in Council, and Letters Patent relating to the Colony of the Straits Settlements contained in this Edition.] Page Letters Patent reconstituting the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca. 10th August 1855. - - 1 Siam (Foreign Jurisdiction) Order in Council of 1856. - - - 35 An Act to confirm an Order in Council concerning the Exercise of Jurisdiction in raatters arising within the Kingdom of Siam. 20 & 21 Vict. c. 75. 25th August 1857. .... 46 An Act to provide for the Government of the Straits Settlements. 29 & 30 Vict. c. 115. 10th August 1866. .... 47 Order of the Queen in Council for bringing into operation the Act 29 & 30 Vict. 0. 115. 28th December 1866. .... 49 An Act for the separation of the Straits Settlements from the diocese of Calcutta. 32 & 33 Vict. c. 88. 9th August 1869. ... 50 An Act to vest Jurisdiction in matters'arising within the Dominions of the Bangs of Siam in the Supreme Court of the Straits Settlements. 33 & 34 Vict. c. 55. 9th August 1870. .... 51 An Act to extend the Jurisdiction of Courts of the Colony of the Straits Settlements to certain Crimes and Ofiences committed oat of the Colony. 37 & 38 Vict. o. 38. 30th July 1874. - - . 52 Siam (Foreign Jurisdiction) Order in Council of 1876. . - - ,, Order of the Queen in Council, providing for the surrender by the Governor of the Straits Settlements to Foreign States in the case of which the Extradition Act, 1870, does not apply, of persons accused of the commission of certain crimes within the jurisdiction of such States. 26th June 1879. ...... 54 Order of the Queen in Council, providing for the surrender by the Governor of the Straits Settlements to Foreign States in the case of which the Extradition Act, 1870, does not apply, of persons con- victed of the commission of certain crimes within the jurisdiction of such States. 31st December 1883. . - - - .58 Siam Order in Council, 1884. ...... 61 Order of the Queen in Council, providing that the Governor of the Straits Settlements shall have absolute discretion as to the exercise of the powers conferred upon him by Orders in Council dated respectively the 26th June, 1879, and the 31st December, 1883. 29th November, 1884 .......66 Letters Patent constituting the OflBce of Governor and Commander-in- Chief of the Straits Settlements and their Dependencies . 17th June, 1885 67 Letters Patent appointing the Governor of the Straits Settlements and their Dependencies to be Governor of the Cooos or Keeling Islands, and authorising the annexation of those Islands to the Straits Settle- ments. 1st February 1886. - 71 Siam Order in Council, 1886. 1393 a 4 Vll Chronological Table of the Acts and Ordinances of the Straits Settlements. Year, Act or Ordinance. Subject Matter. Eeason for Total or Partial Omission. Act Fo. I. of 1867 II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. xrv. XV. XVI. XVII. XVIII. XIX. XX. XXI.. XXII. XXIII. xxrv. XXV. XXVI. XXVII. XXVIII. XXIX. XXX. xtxi. XXXII. Ordinance No. I. of 1868 11. ni. IV. Goyemment Officers' Ap- pointment Grovemment Enabling Judicial Duties Legal Tender Treasury Exchange Stamp Act Amendment - Judicial Duties Amendment Naturalization. Court Suitors' Deposits Naval and Victualling Stores Penal Code Suspension Fees Arms Exportation - Interpretation Colonial Seal . Commission of the Peace Postage Exchange Temporary appointment of Judges Hackney Carriage Preservation of the Peace - Penang Eiots Enquiry Penang Indemnity Interest on Suitors' De- posits Supply Cattle Contagious Disease - Stamps ... Magistrates' Appeals . - Colonial Ships' Merchant Seamen Excise . . - Supreme Court Passenger Ships - Supply Interpretation Act Amend- ment Coroners' Inquests Supply Passenger Ship Fees Eep.Ord.V. of 1868,8. 41. - Eep. in part Ord. XVn. of 1867, s. 1. Eep. Ord. XXVI. of 1867, s. 1. Eep. Ord. V. of 1868, s. 41. - Eep. in part and substit. Ord. VII. of 1870, s. 1. Had its effect. - Eep. Ord. V. of 1873, s. 103. Eep. in part Ord. I. of 1868. Eep. Ord. IX. of 1868, B.l. Eep. Ord. V. of 1873, s. 103. Eep. effected. - Eep. Ord. V. of 1868, s. 41. Eep. Ord. V. of 1879, s. 47. Expired. Had its effect. - Had its effect. - Had its effect. - - - Eep. Ord. VIII. of 1873, s. 1, and Ord. II. of 1881, s. 74. Eep. Ord. IX. of 1874, s. 54, and Ord. XII. of 1879, s. 48. Eep. Ord. IV. of 1870, s. 98. - Never came into operation. - Eep. Ord. XIV. of 1868, s. 31. Had its effect. - - - Eep.Ord.VII. of 1884, s. a. Had its effect. - 74 75 77 78 80 82 87 88 92 93 96 96 96 98 Vlll CHRONOLOGICAL TABLE. Year, Ordinance. Subject Matter. Reason for Total or Partial Omission. Page. Ordinance No. V. of 1868 VI. Til. VIII. IX. X. XI. XII. ■ XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. Ordinance No. I. of 1869 II. III. IV. V. VI. VII. VIII. IX. X. XI. XII, xin. XIV. XV. XVI. XVII. XVIII. XIX. Supreme Court Treasonable Offences Quarantine Gunpowder Public Seal Preservation of the Peace Extension Prisons Pilots Treasonable Offences Ordi- nance Amendment Chinese Passenger Ships - Supreme Court Ordinance Amendment Excise Act Amendment Supply Eegiatration Vaccination Penang Water Rate Treasonable Offences Ordi- nance Amendment Excise Act Amendment Merchant Shipping Fees - Excise Act Amendment - Crown Eents Recovery Excise Amendment Ordi- nance Amendment Preservation of the Peace Extension Pilots' Ordinance Amend- ment Preservation of the Peace Extension Eire Promissory Oaths - Prisons Ordinance Amend- ment Prisons Ordinance Amend- ment Distressed Seamen Volunteers - Supply Supply Supply- Dangerous Societies Sup- pression Rep. Ord. VI. of 1878, s. 1, and Ord. VIII. of 1880, s. 26. Amended Ord. XIII. of 1868, andOrd. I. ofl869. Rep. in part, and substit. Ord. I. of 1884, s. 1. Rep. effected - . - Rep. Ord. VII. of 1869, s. 2. - Rep. Ord. XII. of 1869, s. 1, Ord. XIII. of 1869, s. 1, Ord. II. of 1870, s. 2, and Ord. XIV. of 1872, s. 1. Rep. Ord. VIII. of 1869, s. 1, and Ord. VIII. of 1879, s. 23. Rep. Ord. I. of 1869, s. 2. Rep. in part Ord. VI. of 1874, s. 23 ; part had its effect. Rep. Ord. V. of 1873, s. 103. Rep. Ord. IV. of 1870, s. 98. - Had its effect. - - - Rep. in part Ord. VII. of 1884, s. 2. Amendment effected. - Rep. Ord. VI. of 1869, s. 1, and Ord. IV. of 1870, s. 98. Rep. Ord. IV. of 1870, s. 98. '- Had its effect. - - . Rep. Ord. IV. of 1870, s. 98. . Expired. - . . Rep. Ord. VIII. of 1879, s. 23. Expired. - . . Rep. Ord. XIV. of 1872, s. 1. I Rep. Ord. XIV. of 1872, s. 1. - Amended Ord. I. of 1S80. I Had its effect. - . . Had its effect. - - . Had its effect. - . . Rep. in part (s. 31), by Ord. v" of 1872, and rep. in part and substit. Ord. IV. of 1882, and Ord. IV. of 1885. CHRONOLOGICAL TABLE. IX Year, Ordinance. Subject Matter. Reason for Total or Partial Omission. Page. Ordinance Fo. I. of 1870 Penal Code Never came into operation, and Eep. Ord. IV. of 1871. II. Prisons Ordinance Amend- ment Eep. Ord. XIV. of 1872, s. 1. - lii. Preservation of the Peace - Eep. Ord. VI. of 1872, s. 19. - IV. Excise ... Eep. in part, and substit. Ord. XV. of 1871, VI. of 1879, IV. of 1884, and rep. effected. Eep. in part Ord. XIII. of 1871, 146 Y. Criminal Procedure 187 sees. 1 and 3. VI. Native Passenger Ship Act Amending ... 196 VII. Naturalization Act Amend- ment Amendment effected. - VIII. Juries Exemption - ..... 198 IX. Pensions . - . Eep. in pArt Ord. I. of 1871, s. 21 ; part had its effect. SJ X. Amending Act XIII. of 1856 (Police) Eep. Ord. VI. of 1871, s. 2. - XT, Census ... Had its effect. - XII. Money Order ..... 199 XIII. Gaming Houses Eep. Ord. IX. of 1876, s. 24, * and Ord. Xin. of 1879, s. 21. xrv. Electric Telegraph Exclu- Had its effect. . . - sive Privileges XV. Supply . - - Had its effect. ... XVL Dangerous Societies Sup- Rep. Ord. IV. of 1882, s. 14, pression Ordinance Con- andOrd. IV. ofl885, s. 2. tinuation XVII. Witnesses Expenses . 201 XVIII. Amending Act XIII. of 1856 (Police) Eep. Ord. VI. of 1871, s. 2. - XIX. Crown I)ebts Eep. Ord. X V . of 1876, s. 61. - XX. Criminal Justice - ImpHedly Eep. Ord. VI. of 1873, sees. 31, 37, 38. 202 XXI. Bankruptcy. Eules under Cancelled in part Ord. VIII. of 208 same. 1880, s. 27. 249 XXII. Debtors ... Eep. effected. - 302 XXTTT. Contagious Diseases . Eep. in part, substit. and amended Ord. VIII. of 1875, sees. 1, 2, 3, 4. 310 XXIV. Supply Had its effect. - XXV. Pawnbrokers Disallowed by Her Majesty. Null and void. XXVT. Marine Courts of Inquiry - . 318 X X Vil. Hackney Carriage Act Amendment Eep. Ord. V. of 1879, s. 47. . Ordinance No. I. of 1871 Pensions Eep. effected. ... 320 II. EegistratioB. of Deeds . 323 III. Excise Ordinance Amend- ment Eep. Ord. XV. of 1871, s. 1. - IV. Penal Code Eep. in part Ord. III. of 1872, and amended Ord. II. of 1883; rep. effected. 341 V. Supply Had its effect. - VI. Police Force Eep. Ord. I. of 1872, s. 2. VII. Pawnbrokers Eep. Ord. VII. of 1872, s. 30.. VIII. Locomotives - - . . _ 481 IX. British Passenger Steamers Survey ■ - - - 484 CHEONOLOGICAL TABLE. Tear, Ordinance. Subject Matter. Reason for Total or Paitial Omission. Page. Ordinance No. X. of 1871 Supply Had its effect. - XI. Supply - . - Had its effect. XII. Inventions - . 485 XIII. Summary Jurisdiction Eep. Ord. XIII. of 1872, s. 68. XIV. Supply ... Had its effect. - XV. Excise Amendment No. 2 - Eep. and substit. effected ; and part had its effect. 497 Ordinance No. I. of 1872 Police Force Part had its effect ; rep. in part Ord. XL of 1885,8.2. 501 II. Steam Vessels - , Eep. Ord. IX. of 1873, s. 33. - ni. Penal Code Amendment - Amendment effected, and part had its effect. IV. Convicts' Offences - . 512 V. Dangerous Societies Sup- Rep. Ord. IV. of 1882, s. 14, pression and Ord. IV. of 1885, s. 2. VI. Preservation of the Peace - Substit. in part Ord. V. of 1877, s. 1, rep. in part Ord. VI. of 1885, and in part rep. effected. 513 VII. Pawnbrokers Eep. effected. - . . 519 VTTT Harbours ... Eep. in part, and substit. Ord. III. of 1876, s. 1, and Ord. I. of 1884; s. 2. 525 IX. Supply Had its effect. ... -X. Supply - . - Had its effect. - . . -XI. Supply Had its effect. ... Xil. Supply Had its effect. ... XIII. Summary Criminal Juris- Eep. in part and substit. Ord. 538 diction 11. of 1873, s. 1, and part rep. effected. XIV. Prisons ... Eep. effected. ... 566 Ordinance No. I. of 1873 Foreign Seamen's Ofifencies .... 572 II. Summary Jurisdiction Or- dinance Amendment Amendment effected. - III. Contagions Diseases Ordi- Amendment effected, and rep. nance Amendment in part Ord. VIII. of 1875, s. 4. IV. The Governor 575 V. Courts .Amended by Ord. V. of 1874, and Ord. XVII. of 1876, and rep. Ord. VI. of 1878, s. 1. VI. Criminal Procedure Part had its effect. 576 VII. Court Suitors' Deposit Transfer - 605 VTTT Stamps ... Eep. in paxt Ord. I. of 1875, s. 1, and Eep. Ord. 11. of 1881, s. 74. IX. Steam Vessels Eep. Ord. II. of 1882, s. 36. - X. Chinese Immigration' Eep. Ord. II. of 1877, s. 13. - Ordinance No. I. of 1874 Supply ... Had its effect. - II. Supply Had its effect. - III. Supply ... Eep. in part Ord. Vli. of 1875, s. 2, and Ord. XVI. of 1876, s. 1, and had its effect. IV. Courts ... Eep. Ord. V. of 1874, s.l. - V. Courts Ordinance Amend- Eep. in part Ord. XIV. of 1876, ment s. 83, and rep. Ord. XVII. of 1876, s. 1. VI. Passenger Ships - Eep. effected. - ' . 607 VII. Supply ... Had its effect. . CHRONOLOGICAL TABLE, XI Year, Ordinance. Subject Matter. Keasou for Total or Partial Omission. Page. Ordinance No. VIII. of 1874. IX. Ordinance No. I. of 1875 II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. Ordinance No. I. of 1876 11. III. IV. V. VI. VII. VIII. IX. X. XL XII. XIII. xrv. XV. XVI. XVII. Ordinance No. I. of 1877 II. III. rv. • V. VI. VII. VIII. IX. X. XI. Supply- Appeals . . - Stamp Ordinance Amend- ment Municipal . - - Foreign Eecruiting Prye Bridge Land Registry Supply Supply Contagious Diseases Ordi- nances Amendment Indian Immigrants' Pro- tection Supply Sale of Arms Supply Aliens' Property - Indian Immigrants' Pro- tection Presbyterian Church. Harbours Ordinance Amend- ment State Prisoners Suspension of Ord. I. of 1876 Savings' Banks Supply Commissions of Enquiry - Gaming Houses Steam Boilers Malacca Lands Eepealing Ord. V. of 1876 as to Fenang Supply - ... Distress Crown Suits Supply - - - Courts of Quarter Sessions Straits Settlements Loan - Chinese Immigrants Crimping - . - Extradition Preservation -of the Peace Ordinance Amendment Ex-Sultan Abdullah Perak Prisoners Steam Boilers Singapore Water Eate Supply . . . Supply Had its effect. - Eep. Ord. XII. of 1879, s. 48. ■ Eep. Ord. II. of 1881, s. 74. • Eep. in part Ord. XVI. of 1876, s. 1. Had its effect. - Eep. in part Ord. XVI. of 1876, s. 1, and had its effect. Amendment effected. - i Eep. Ord. I. of 1876, s. 74. Had its effect. - Expired. Had its effect. - Eep. Ord. V. of 1884, s. 3. Part had its effect. Amendment effected. - Part rep. Ord. XII. of 1876, s. 1 ; part had its effect. Eep. Ord. I. of 1879, s. 14. Had its effect. - Eep. Ord. XIII. of 1879, s. 21 Part substit. Ord. VIII. of 1877, s. 1. Had its effect. . Had its effect. - Eep. effected. - Eep. effected, and part had its effect. Had its effect. - Eep. in part Ord. VI. of 1878, Eep. Ord. IV. of 1880, s. 20. Eep. in part Ord. V. of 1884. s. 3. Amendment effected. - Snbstit. effected. Had its effect. - Had its effect. - 613 614 615 xai CHRONOLOGICAL TABLE, Year, Ordinance. Subject Matter. Reason for Total or Partial Omission. Page. Ordinance No. I. of 1878 II. III. IV. Ordinance No V. YI. VII. VIII. IX. I. of 1879 II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. Ordinance No. I. of 1880 II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. Ordinance No. I. of 1881 II. Singapore Synagogue Governor's Allowance Courts Civil Law Civil Procedure Eepealing - Baffles Societies Supply- Final Supply Savings Bank Conservancy Amending Act XXV. of 1866 (Municipal) Amending Act XXVII. of 1856 (Municipal) Hackney Carriages Excise Ordinance Amendi- ment Marine Court of Inquiry Ordinance Amendment Pilots Holidays - . - Post Office - Supply Appeals . - . Common Gaming-houses - Supply Eesident Councillors Volunteers Ordinance Amendment Census . - . Marriage Eegistrars Chinese Immigrants Mahomedan Marriages Prevention of Crimes Tan Took Seng's Hospital - Civil Procedure Intestates' Estates - Supply Supply _ Correcting a clerical error in Ord. VI. of 1880 Fees ... Stamps ... Substit. in part Ord. VII. of 1884, s. 9, and XV. of 1885 ; part had its effect. Eep. in part, and substit. in part Ord. VIII. of 1880, sees. 24 and 26. Eep. in part, and substit. in part Ord. VIII. of 1880; rep. in part Ord. II. of 1884, s. 2 ; rep. and substit. in part Ord. X. of 1885. Had its effect. - - - Had its effect. . . - Had its effect. - . - Eep. effected. - - . Eep. in part Ord. XII. of 1883, s. 16. Eep. effected. - - - Amendment, substit., and. rep. effected. Amendment effected. - Eep. in part and substit. Ord. V. of 1885, and Ord. in C. of Sept. 15, 1885, aaid rep. effected. Had its effect. ... Part amended by Ord. I. of 1883 ; part had its effect. Eep. effected. - - . Had its effect . - Amendment effected. - Eep. effected. - - . Substit. in part Ord. XII. of 1880. Rep. in part Ord. IV. of 1881. - Eep. and substit. effected. Had its effect. - . . Had its effect. - . . Correction effected. Eep. in part and substit. part Ord. X. of 1885. m 730 CHRONOLOGICAL TABLE. XIU Year, Ordinance. Subject Matter. Reason for Total or Partial Omission. Page. OrdinanoeNo.III.of 1881 IV. V. YI. VII. VIII. IX. X. Ordinance No. I. of 1882 II. III. IV. V. VI. , VII. VIII. IX. X. XI. XII. Ordinance No. I. of 1883 II. III. IV. V. VI. VII. VIII. IX. 2. XI. XII. Ordinance No. I. of 1884 11. III. IV. V. VI. VII. • VIII. IX. X. XI. status of French Mail Steamers Amending Ord. VII. of 1880 Ferries Straits Settlements Loan - Supply Supply Police Force Engagements Hongkong and Shanghai Bank Labour Contracts - Steam Vessels Amending Penal Code Dangerous Societies Hackney Carriage Extension Status of French Mail Steamers Landmarks - Light Dues (Imperial) Supply Supply Status of French Mail Steamers Tramways - - - Appeals Ordinance Amend- ment Penal Code Amendment- - Laboiir Contracts Ordinance Amendment Tramways Ordinance Amendment Licenses to Junks andTong- kangs Fees Supply Status of French Mail Steamers Supply Crown Lands Standard Measures Petroleum . - - Amending Ordinances VIII. of 1868 and Vin. of 1872 Interest on Judgment Debts Wild Birds' Protection Excise Amendment Indian Immigration Supply Coroners' Inquests - Demarcation and Boundaries Supply Status of French Mail Steamers Court of Appeal at Singa- pore, and Council of Judges for 1884 Expired. Aftiendment effected. - Had its effect. - - - Had its effect. - - . Eep. Ord. XI. of 1885, s. 2. - Eep. in part and substit. Ord. III. of 1883. Bep. in part and substit. Ord. II. of 1885 ; part rep. effected. Amendment effected. - Eep. Ord. IV. of 1885. Expired, - . . Had its effect. - Had its effect. - Expired. Amendments effected. - Amendment effected. - Amendment effected. - Amendment effected. - Had its effect. . - - Expired. ... Had its effect. - Eep, in part Ord. VIII. of 1884, s. 2, Eep, and substit. effected. Eep. effected. - Amendment effected. - Eepeal effected. Had its effect. - Eep. and substit. effected. Eep. effected. - Had its effect. - Had its effect. - 1069 1070 1073 1076 1086 1099 1101 1104 1106 1118 1119 1120 1125 1126 1130 1131 1132 1156 1158 1165 XIV CHRONOLOGICAL TABLE. Year, Ordinance. Subject Matter. Reason for Total or Partial Omission. Page. Ordinance No. I. of 1885 Widows' and Orphans' Pension Bund . 1166 II. Steam-Vessels Amendment Kep. and amendments effected. 111. Singapore Exchange Build- ings Vesting Dangerous Societies - 1171 lY. Eep. and amendments effected. 1174 V. Pilots' Ordinance Amend- ment Bep. and amendments effected. VI. Preservation of the Peace Ordinance Amendment Kep. effected. . - - Vii. Native States Prisoners - ... 1177 VIII. Statns of French Mail Steamers Of temporary effect. - IX. ■ Prince of Wales' Island Tramways ..... 1179 X. Stamps . . - Amendments effected. 1192 XI. Police Force Ordinance Amendment Had its effect. ... 1211 XII. Passenger Ships Ordinance Amendment Amendments effected. XIII. Supply ... Had its effect. - XIV. Statutory Declarations . 1213 XV. Courts Ordinance Amend- ment Amendments effected. XVI. Supply Of temporary effect. . Ordinance No. I. of 1886 Registration of Imports and Exports 12M II. Crown Lands - - . . . 1215 ni. Whipping of Females 1222 An Index to the Short Titles of the Acts and Ordinances contained in this Edition. A. Abdullah, Bx-Sultan Abdullah, of Perak {VI. of 1877) - . - 688 Aliens' Property (XIII. of 1875) - - - . . - 619 Allowance, Governor's (11. of 1878) - - . . . flQ7 Appeals (XII. of 1879) 97O Appointment, Government Officers (I. of 1867) - - . .74 Arms, Exportation (XIII. of 1867) - • - - '87 Assessment of Municipal Bates and Taxes (III. of 1879) - . 937 B. Bankruptcy (XXI. of 1870) - 208 JSirds, Wild, Protection (III. of 1884) II3I Boilers, Steam (X. of 1876) ------ 627 Boilers, Steam, Amendment (VIII. of 1877) .... Ran Boundaries (VIII. of 1884) 1168 British Passenger Steamers Survey (IX. of 1871) - - . 484 c. Cattle Contagious Disease (XXV. of 1867) - . . .95 Census (II. of 1880) ----... ggs Chinese Immigrants' (IV. of 1880) ..... i()()2 Chinese Passenger Ships (XIV. of 1868) - - . . - 107 Church, Presbyterian (II. of 1876) . . . . - 619 • Civil Law (IV. of 1878) - - - - - - 717 Civil Procedure (V. of 1878) ------ 730 Civil Procedure (VIII. of 1880) IO39 Colonial Ships' Merchant Seamien's (XXVIII. of 1867) ... 96 Commissions of Enquiry (VIII. of 1876) - . . . . g23 Common Gaming-houses (XIII. of 1879) - - - . . ggl Conservancy (II. of 1879) ----... 931 Contagious Disease, Cattle (XXV. of 1867) - . . - 95 Contagious Diseases (XXIII. of 1870) - - - . . 310 Contagious Diseases Amendment (VIII. of 1875) ... 618 Convicts' Offences (IV. of 1872) 512 Coroners (VII. of 1884) ---.... 1155 Court of Inquiry, Marine (XXVI. of 1870) - - . - 318 Court Suitors' Deposits (IX. of 1867) - .... §0 Court Suitors' Deposit Transfer (VII. of 1873) - - . - 605 Courts Amendment (XVII. of 1876) ----- 679 Courts (III. of 1878) 699 Crimes, Prevention of (VI. of 1880) - - . . _ 1025 Criminal Jurisdiction, Summary (XIII. of 1872) ... 533 Criminal Justice (XX. of 1870) - - - - . - 202 Criminal Procedure (V. of 1870) ----.. 137 Criminal Procedure (VI. of 1873) ---... 575 Crimping (III. of 1877) - - - - - - 683 VOL. TI. h XVI INDEX TO THE SHORT TITLES. Page Crown Lands (X. of 1883) 1120 Crown Lands (II. of 1886) - - - 1215 Crown Suits (XV. of 1876) 644 Dangerous Societies Suppression (XIX. of 1869) - - - 135 Dangerous Societies (IV. of 1885) ----- H™* Debtors (XXII. of 1870) 302 Declarations, Statutory (XIV. of 1885) .... 1213 Deeds, Kegistration of (II. of 1871) 323 Deposits, Court Suitors' (IX. of 1867) 80 Deposit Transfer, Court Suitors' (VIL of 1873) . - - - 605 Distress (XIV. of 1876) 633 Distressed Seamen (XIV. of 1869) 132 E. Enabling, Government (II. of 1867) . ... - 74, Enquiry, Commissions of (VIII. of 1876) - - - 623 Excbange, Treasury (V. of 1867) --.--- 77 Exchange Buildings Vesting, Singapore (III. of 1885) . - - 1171 Excise (IV. of 1870) - - 146 Excise Amendment, No. 2 (XV. of 1871) 497 Excise Amendment (VI. of 1879) - - - -' - - 952 Exports, Registration of Imports and (I. of 1886) - - 1214 Ex-Sultan Abdullah of Perak (VI. of 1877) - . - 688 Extradition (IV. of 1877) ....... 686 Pees, Passenger Ship (IV. of 1868) ..... 98 Pees, Merchant Shipping (III. of 1869) - - - - 127 Pees (I. of 1881) 1042 Pees (VI. of 1883) 1119 Pemales, Whipping of (III. of 1886) . - . . . 1222 Perries (V. of 1881) 1069 Pire (X. of 1869) - ------ 129 Poreign Recruiting (III. of 1875)- - - - - - 614 Poreign Seamen's Oifences (I. of 1873) - - - - - 672 Prench Mail Steamers (X. of 1884) ..... H65 G. G-aming-housee, Common (XIII. of 1879) Governor's (IV. of 1873) - Governor's Allowance (II. of 1878) Government Officers Appointment (I. of 1867) Government Enabling (II. of 1867) Gunpowder (VIII. of 1868) 981 676 697 74 102 Hackney Carriage (V. of 1879) ---... 939 Hackney Carriage Extension fV. of 1882) - - . . 1099 Harbours (VIII. of 1872) -525 Holidays (IX. of 1879) 959 Hong Kong and Shanghai Bank (X. of 1881) - . . . 1073 Hospital, Tan Tock Seng's (VII. of 1880) .... 1031 INDEX TO THE SHORT TITLES, Immigrants, Chinese (IV. of 1880) Immigration, Indian (V. of 1884) . . - Imports and Exports, Eegistration of (I. of 1886) Interest on Suitors' Deposits (XXIII. of 1867) - Interest on Judgment Debts (II. of 1884) Interpretation (XIV. of 1867) Interpretation Amendment (I. of 1868) - Intestates' Estates (IX. of 1880) - Inventions (XII. of 1871) . - . . s. xvu Page . . 1002 • . 1132 . ■ 1214 - 93 . 1130 - 88 ■ 96 . 1040 • 485 Judgment Debts, Interest on (II. of 1884) Junk and Tongkang Licensing (V. of 1883) Juries Exemption (VIII. of 1870)- Jurisdiotion, Summary Criminal (XIII. of 1872) 1130 1118 198 538 Labour Contracts (I. of 1882) Landmarks (VII. of 1882) - Land Eegistry (V. of 1875) Lands, Malacca (XI. of 1876) Legal Tender (IV. of 1867) Licensing, Junk and Tongkang (V. of 1883) Ligbt Dues (Imperial) (VIII. of 1882) - Loan, Straits Settlements (I. of 1877) Loan, Straits Settlements (VI. of 1881) - Locomotives (VIII. of 1871) 1076 1101 617 630 75 1118 1104 680 1070 481 M. Mahomedan Marriage (V. of 1880) Mail Steamers, Erenct (X. of 1884) Malacca Lands (XI. of 1876) .... Marine Court of Inquiry (XXVI. of 1870) Marriage Eegistrars' (III. of 1880) ; - . . Marriage, Mahomedan (V. of 1880) ... Measures, Standard (XI. of 1883) . Merchant Seamen's, Colonial Ships' (XXVIII. of 1867) Merchant Shipping Fees (IIL of 1869) - Money Order (XIL of 1870) . . . . Municipal (It. of 1875) Municipal, Assessment of, Eates and Taxes (III. of 1879) Municipal, Eates and Taxes (IV. of 1879) 1006 1165 630 318 990 1006 1125 96 127 199 613 937 938 N. Native Passenger Ship, Amending (VI. of 1870) ■ Native States Prisoners (VII. of 188S) - Naturalization (VIII. of 1867) - Naval and Victualling Stores (X. of 1867) 196 1177 78 82 Oaths, Promissory (XI. of 1869) - Orphans', 'Widows' and, Pension Fund (I. of 1885) - 161 - 1163 b 2 XVIU INDEX TO THE SHOKT TITLES. Page Passenger Ship Pees (IV. of 1868) ----- 98 Passenger Ship Amending, Native (VI. of 1870) - - - 196 Passenger Ships, Chinese (XIV. of 1868) - - - - 107 Passenger Ships (VI. of 1874) - - . - - 607 Passenger Steamers Survey, British (IX. of 1871) - - - 484 Pawnbrokers (VII. of 1872) 519, Peace, Preservation of the (VI. of 1872) - - - - - 513 Penal Code (IV. of 1871) - 341 Penang Water-rate (XX. of 1868) ------ 124 Pensions (IX. of 1870) - 198 Pensions (I. of 1871) 320 Pension Fund, "Widows' and Orphans' (I. of 1885) - - - 1166 Perak, Bx-Sultan Abdullah of (VI. of 1877) - - - - 688 Perak Prisoners (VII. of 1877) - . - - - 689 Petroleum (XII. of 1883) - - - - . - 1126 Pilots' (VIII. of 1879) - - - - - 954 Police Force (I. of 1872) - 501 Police Force Ordinance Amendment (XI. of 1885) - 1211 Postage Exchange (XVII. of 1867) - - - 92 Post Office (X. of 1879) - - ... - 961 Presbyterian Church (II. of 1876) 619 PreservationofthePeace(VI. of 1872) - - - - ^13 Preventionof Crimes (VI. of 1880) 1025 PrinceofWales'lBlandTramways(IX. of 1885)- - - - 1179 Prisons (XIV. of 1872) - - . . - 566 Prisoners, State (IV. of 1876) 622 Prisoners, Perak (VII. of 1877) - - - - - 689 Prisoners, Native States (VII. of 1885) ... - - 1177 Procedure, Civil (V. of 1878) - . - - - 730 Procedure, Civil (VIII. of 1880) ------ 1039 Procedure, Criminal (V. of 1870) -..--. 187 Procedure, Criminal (VI. of 1873) - " - - 576 Promissory Oaths (XI. of 1869) ------ 131 Prve Bridge (IV. of 1875) - - - -' - - 615 Q. Quarantine (VII. of 1868) ....... loi R. HaflBes Societies (VII. of 1878) - Bates, Assessment of Municipal, and Taxes (III Rates, Municipal, and Taxes (IV. of 1879 ) Recruiting, Foreign (III. of 1875) Registrars', Marriage (III. of 1880) Registration (XVIII. of 1868) Registration of Deeds (II. of 1871) Registration of Imports and Exports (I. of Registry, Land (V. of 1875) Resident Councillors (XV. of 1879) s. 925 of 1879) - . 937 - 938 ■ 614 - 990 - 112 - 323 - 1214 - 617 • 987 928 Savings Bank (I. of 1879) ^.^^ Seamen, Distressed (XIV. of 1869) - - . . . i go Seamen'.?, Colonial Ships', Merchant (XXAHII. of 1867)- - '. 9q Seamen's OflPences, Foreign (I. of 1873) - - - - . 572 INDEX TO THi; SHORT TITLES. xix Page Shipping, Merchant, Fees (III. of 1869) 127 Ship, Passenger, Fees (IV. of 1868) ..... 98 Ship, Native Passenger, Amending (71. of 1870) - - 196 Ships, Chinese Passenger (XIV. of 1868) - - - 107 Ships, Passenger (VI. of 1874) 607 Singapore Water-rate (IX. of 1877) 690 Singapore Exchange Buildings Vesting (III of 1885) - - - 1171 Societies, Dangerous, Suppression (XIX of 1869) - - - 136 Societies, Dangerous (IV. of 1865) ..... 1174 Stamp (11. of 1881) 1043 Stamp (X. of 1885) - 1192 Standard Measures (XI. of 1883) ... - - 1125 State Prisoners (IV. of 1876) . . - . - 622 Statutory Declarations (XIV. of 1885) .... - 1213 Steam Boilers (X. of 1876^ ...... 627 Sceam Boilers Amendment (VIII. of 1877) , - - • - 690 Steamers, British Passenger, Survey (IX. of 1871) - - 484 Steamers, French Mail (X. of 1884) ..... 1165 Steam-vessels (II. of 1882) - 1086 Stores, Naval and Victualling (X. of 1867) - - ■ - - 82 Straits Settlements Loan (I. tff 1877) - - - - 680 Straits Settlements Loan (VI. of 1881) 1070 Suitors' Deposit, Interest on (XXIII. of 1867) - - - - 93 Suitors', Court, Deposit Transfer (VII. of 1873) - - - - 605 Summary Criminal Jurisdiction (XIII. of 1872) - - 538 Sm-vey, British Passenger Steamers (IX. of 1871) . - 484 Synagogue (I. of 1878) 695 Tan Took Seng's Hospital (VII. of 1880) .... 1031 Taxes, Assessment of Municipal Rates and (III. of 1879) - - 937 Taxes, Municipal Rates and (IV. of 1879) - - - - 938 Tender, Legal (IV. of 1867) 75 Tongkang, Junk and. Licensing (V. of 1883) . . - - 1118 Tram.ways (XII. of 1882) - , 1105 Tramways, Prince of Wales' Island (IX. of 1885) - - 1179 Treasonable Offences (VL of 1868) - . - 99 Treasury Exchange (V. of 1867) . .... 77 V. Vaccination (XIX. of 1868) - . - - 119^ Volunteers (XV. of 1869) 134 w. Water-rate, Penang (XX. of 1868) 124 Water-rate, Singapore (IX. of 1877) - - - "690 Whipping of Females (in. of 1886) 1222 Widows' and Orphans' Pension Fund (I. of 1885) - - - 1166 Wild Birds Protection (in. of 1884) - - -. • - 1131 Witnesses Expenses (XVII. of 1870) 201 SYNAGOGUK [I. OF 1878.] 695 Ordinance No. I. oi- 1878. An Ordinance to empower the Trustees of tlie Jewish Synagogue in Singapore to sell certain property, and for other purposes. [29th March, 1878.] WILLIAM C. F. ROBINSON, Governor and Commander-in-Chief. Whereas by an Indenture of Lease, dated the first day of September one thousand eight hundred and forty-one, the late Government of these Settlements demised, on a pepper-corn rent, a certain piece of land situated in Synagogue street in Singapore Town, estimated to contain five thousand four hundred and fifteen square feet, to Joseph Dewk Cohen, Nassim Joseph Ezra and Ezra Ezra Ezekiel, their Successors, Eepresentatives and Assigns, as Trustees for the Jewish inhabitants of Singapore, for the purpose of erecting and maintaining thereon, for the use of the Jewish in- habitants, a Synagogue or place of Divine Worship, with a proviso that the said piece of land should be resumed by Government, in the event of the same being appropriated for any other purpose than that of Divine Worship ; And whereas a Synagogue has been erected and maintained on the said piece of land till the present time ; and whereas Nassim Joseph Ezra and Ezra Ezra Ezekiel have since died ; and Joseph Dewk Cohen being advanced in years, and having long left Singa- pore, did, by a Deed, dated at Aleppo in the Turkish Dominions, on the second day of February one thousand eight hundred and seventy-six, appoint Abraham Solomon, Joshua Raphael Joshua, Ezra Abraham Solomon, Salleh Menasseh and Menasseh Meyer, to be Trustees of the said piece of land and Synagogue, and did assign to them the said Government lease for the purpose of the said trust ; And whereas the said Abraham Solomon is aged and infirm, and desires to be relieved from the said trust; and whereas the other four Trustees so appointed, namely, Joseph Raphael Joshua, Ezra Abraham Solomon, 'Salleh Menasseh and Menasseh Meyer are willing to continue to act as Trustees, with Reuben Myer,* Sassoon Aaron Gubbay, and David Aaron Gubbay, who have been requested by the Jewish Community of Singapore to act as Trustees with them ; and whereas the place on which the Synagogue stands, on the said piece of land in Synagogue street Singapore Town, which Synagogue has hitherto been used by the Jewish inhabitants of Singapore as a place of Divine Worship, has, from various causes, become unfit for a place of Divine Worship, and it is desirable that another Synagogue should be erected in a more convenient place ; and as doubts exist as to whether the said piece of land can be sold to advantage under the present title, and it is expedient, for the purposes of religion, that the said piece of land should be sold to ' the best advantage, and that the proceeds of sale thereof should be applied to the erection of a Synagogue in a more suitable place ; ♦ Sic in original. 696 [I. OF 1878.] SYNAGOGUE. Certain Trastees may sell, and eonvey the land. Procee'ds of sale to te applied to purchase other land and to bnilding a Synagogue, to be held in trust. Purchaser discharged by Trustees' receipts. Land pur- chased to be held in trust for Jewish oommnnitj-. When to be forfeited. Conveyance to state TiHist. It is hereby enacted by tlie Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, aa follows : — 1. It shall be lawful for the said Joshua Raphael Joshua, Ezra Abraham Solomon, Salleh Menasseh, Menasseh Meyer, Reuben Meyer, Sassoon Aaron Gubbay, and David Aaron Gubbay, as Trustees of the Jewish Synagogue of Singapore, or the survivors of them, or any two or more of such surviving Trustees, who may, for the time being, be resident within the Colony of the. Straits Settlements, and they are hereby empowered, to sell nnd dispose of the said piece or parcel of land comprised in and deiuised by the hereinbefore i-ecited Indenture of Lease, made between the late Government Of these Settlements of the one part and Joseph Dewk Cohen, Nassim Joseph Ezra and Ezra Ezi-a Ezekiel of the other part, dated the first day of September one thousand eight hundred and forty-one, and also all erections and buildings which have been erected and are now standing on the said premises, with power also to execute assurances, give effectual receipts for the purchase moneyj and do all other acts and things for completing such sale iis they, or the survivors of them, or any two or more of tuch survivors, shall think proper. 2. The moneys to arise from such sale (after deducting the costs and expenses attending the sale or otherwise incurred in relation thereto) shall be paid to the Trustees, or continuing acting Trustees for the time being, of the said Synagogue as hereinbefore men- tioned for the purpose of acquiring land, and erecting and building on such land as may be acquired for that purpose, or any part thereof, a new Synagogue or place of worship lor the use of the Members of the Jewish Community in Singapore, and shall be ap- plied by such Trustees to the purchase of such land and the building of such Synagogue, and to no other purpose; and the said land, and the building when erected, shall be held subject to the trust set out in this Ordinance. 3. The receipts for the purchase money given by the persons exercising "the power of sale hereby conferred, shall be sufficient discharges to the purchasers, who shall not be bound to see to the application of such purchase money. 4. The land so to be purchased by the said Trustees, for the purpose of having erected thereon a Synagogue for the use of the Jewish Community of Singapore, shall be held by the said Trustees: and their Successors in office, as Trustees for the use of the Jewish Community of Singapore, for the purpose of erecting and main- taining thereon a suitable Synagogue or place of Divine Worship according to the Jewish form ; and, so soon as the said piece of land ceases to be used for sucli purpose, it shall, ipso facto, revert to Her Majesty, Her Heirs and Successors. 5. The conveyance to the Trustees of any lands, to be paid for by them out of the proceeds of the land in this Ordinance authorized to be sold, shall express that the said lands are conveyed to and governor's special allowance, [II. OF 1878.] 6y7 are to be held by them, subject to the trust and condition set out in this Ordinance. 6. The said Trustees niay be styled the " Trustees of the Jewish Style of Synagogue at Singapore," and they, or the remaining Trustees, '-trustees, being not less than three, may at any time appoint new Trustees to take the place of such Trustees as may have died, or left the Settlement, or declined further to act ; and, in the event of the number of Trustees, at any time, falling below three, it shall be New Trustees. lawful for the Supreme Court, on the Petition of the remaining Trustees, or of any of the members of the Jewish Cominunity, to appoint suitable persons, being members of the- Jewish Community residing in Singapore, to be Trustees under this Ordinance. 7. The property of the said Trust, including the land, building. Property to fixtures, furniture and other moveable property belonging to the ^^^? without Synagogue, for the purpose of Divine Worship shall be held to vest ^^^'So^^" ■ in the Trustees of the Jewish Synagogue of Singapore, for the time being, without transfer or assignment from Trustees to Trustees. 8. This Ordinance may be cited as " The Synagogue Ordinance short Title. 1878," and shall come into operation at such time as may be directed by an Order of the Governor in Council. Ordinance No. II. op 1878. An Ordinance to provide for the payment of a Special Allowance to the Governor. [3rd April, 1878.] WILLIAM C. R ROBINSON, Governor and Commander-in-Chief. Whereas by Ordinance No. IV. of 1873 provision is made ^^|;^°^^*™°" for the distribution of the emoluments of the Of&ce of Governor, 1873. and it is expedient to provide by law for the payment of a Special Allowance to be drawn by the Governor or the Officer Administering the Government of the Colony for the time being ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. From and after the Ist day of January, 1878, the sum of |^'°^o""°* "^ Dollars Five thousand (^5,000) sh^ll be payable, by monthly in- "^ ' stalmcnts, as a Special Allowance, to the Governor or Officer Administering the Government of the Colony for the time being in addition to the regular salary, or part salary, payable to such Governor or Officer. [III. OF 1878.] COURTS. Ordinance No. III. op 1878. Table op Contents. PART I. CHAPTER I. Sections. 1. Courts appointed. PART II. SUPREME COURT. CHAPTER II. 2. Supreme Court constituted. CHAPTER III. 3 to 9. Judges of the Supreme Court. CHAPTER IV. ■ 10 to 17. Powers of the Supreme Court. CHAPTER V. 18 to 25. Civil Jurisdiction of the Supreme Court. CHAPTER VI. 26 to 31. Criminal Jurisdiction of the Supreme Court. CHAPTER VII. 32 to 35. Seal of the Supreme Court. CHAPTER VIII. ' 36 to 48. Officers of the Supreme Court. CHAPTER IX. 49 to 62. Advocates and Solicitors. PART III. INFERIOR CIVIL AND CRIMINAL COURTS. CHAPTER X. 53 to 54. Courts of Requests. CHAPTER XI. • 55 to 65. Justices op the Peace, Magistrates, and Coroners- PART IV. APPELLATE JURISDICTION. CHAPTER XII. 66 to 74. Court of Appeal Constituted. COUKTS. [[III. OF 1878.] PART V. GENERAL. CHAPTER XTII. 699 Sections. 75 to 76. SxTiTORS' Property. CHAPTER XIV. 77 to 80. Judicial Fees. CHAPTER XV. 81 to 82. Rules and Orders. CHAPTER XVI. 83 to 84. Miscellaneous. An Ordinance to amend the Law relating to the Constitu- tion of the Courts of Justice.* [1st January, 1879.] WILLIAM C. F. ROBINSON, Governor and Commander-in-Chief. Whereas it is expedient to amend the law relating to the PreamWe. Constitution of the Civil and Criminal Courts of the Colony ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and coiisent of the Legislative Council thereof, as foUows : — PART I. CHAPTER L ,- Courts appointed. 1. The Local Courts for the Administration of Civil and Criminal Courts law in the Colony shall be as at present, that is to say : — ^^^ 1 . The Supreme Court of the Straits Settlements. 2. Courts of Requests, at each of the Settlements. 3. Courts of two Magistrates, at each of the Settlements. 4. Magistrates Courts, at each of the Settlements. 5. Coroners Courts, at each of the Settlements. 6. Justices of the Peace. * Section 2 of this Ordinance was amended as here given hy the Courts Ordinance Amendment Ordinance. 188.5 (Ordinance XV. of 1885), and by the same Ordinance the present sections 9 and 70 were substituted for the original sections so numbered, and section 67 was substituted for the original sections 67 and 68. Section 58 was sub- stituted for the original section 58 by the Coroner's Ordinance, 1884 (Ordinance VII. of 1884). Section 71 is omitted as having had its effect. Ordinance VII. of 1884 came into operation on the 30th October, 1884, and Ordinance XV. of 1885 on the 21st August, 1885. 700 [III. OF 1878.] COUETS. Supreme Court how held. Bank of Judges. PART II. SUPREME COURT. CHAPTER II. SUPEEME COUET CONSTITUTED. 2. The Supreme Court shall be a Court of Record, and shall consist of, and be holdeu by and before a Judge to be called the Chief Justice of the Straits Settlements, and tho^ee Puisne Judges. The Chief Justice shall be President of the Supreme Court, and the other Judges shall rank according to the priority of their respective appointments. Present .Judges. Judges how appointed. Governor's powers. Qualifications. O-iths. CHAPTER III. Judges of the Supeeme Couet. Appointment or. 3. The Judges of the Supreme Court in office at the time of the coming into operation of this Ordinance shall continue to hold their respective offices under this Ordinance. 4. '\ he future Judges of the Supreme Court shall be appointed by Her Majesty, Her Heirs and Successors, by Letters Patent under the Public Seal of the Colony, to be issued in pursuance of any Warrant or "Warrants to be from time to time granted by Her Majesty, Her Heirs and Successors, under Her and Their Sign Manual and Signet. Nothing herein contained shall be held to abridge the ]wwer of the Gbvernor, under his Commission, to appoint Judges of the Supreme Court. 5. No person shall be a]ipointed to be a Judge of the Supreme Court who is not a Barrister of England or Ireland or a member of the Faculty of Advocates in Scotland, of at least five years' standino- at the time of appointment. 6. Every future Judge of the Supreme Court, before enterino- on the execution of the duties of his Office, shall take before the Governo)-, or before such person as the Governor may appoint tO' receive them, the Oath of Allegiance to Her Majesty the Queen, and the Judicial Oatli. Not to accept other Offices, &c. Othee Offices. 7. The Judges of the Supreme Court shall not be capable of accepting, taking or performing any other office or place of profit or emolument, nor of carrying on any business whatsoever, nor shall they accept any fees of office, perquisites, emoluments or advan- COURTS. [III. OF 1878.] 701 tages whatsoever, other than and except the salaries and allowances to be assigned to them by Her Majesty's Government or authorized by law. Nothing herein contained shall be held to prevent any of the Exception. Judges of the Supreme Court from accepting and performing the duties of the OfBce of Judge or Cotnmissary or Deputy Judge of the Vice-Admiralty Court,. or of Commissioner for the trial and adjudication of Prize causes, and other such Maritime questions in the Colony, nor from accepting the fees and profits attached by law to such Offices. Powers and Residence. 8. All the powers of the Supreme Court may be exercised by Powers of any Judge of the Court at any Settlement where such Judge may J'^^S^s. be in the execution of the duties of his office. 9. (1.) The arrangeTnents for the duties and residences of the ■^"''^^^"^^i^t^ Judges of the Supreme Court shall from time to time be made by judges. the Judges thereof or a m,ajority of them with the concurrence of the Governor ; but so that the Chief Justice shall ordinarily reside at Singapore and the Senior Puisne Judge for the thne being in Penang and so that if and whenever there are more than two Judges in the Colony two Judges shall be ordinarily stationed in Fenang. (2.) — Notwithsta,nding anything in this section contained any Judge may from time to time in the execution of his duties with the concurrence of the Governor proceed to and remain at any Settlement other than that of his ordinary residence. (3.) — The Governor may at any time withdraw his concurrence from any arrangement made under this section a,nd may from time to time require the Judges to make such other arrangeonents as the public interests appear to him to demand. CHAPTER IV. Powers of the Supreme- Court. General. 10. The Supreme Court shall have such jurisdiction and General authority as Her Majesty's High Court of Justice in England, and i'owers of the several Judges thereof, respectively, have and may lawfully * ^ °"^ ' exercise in England, in all Civil and Criminal actions and suits, .other than Admiralty actions and suits ; and the said Court shall also have and exercise jurisdiction in all matters concerning the revenue, and in the control of all inferior Courts and Jurisdictions, subject in all the above cases to the laws of the Colony. Insolvency and Bankruptcy. 11. The Supreme Court shall have lull power to act in all Powers in matters under any Act of Parliament or Act or Ordinance of the Insolyen^y and Bank- ruptcy. 702 [III. OF 1878.] COURTS. Power as to Infants and Lunatics. Legislative Council in force, or to be in force, in the Colony relative to the relief, and distribution of the estates, of Insolvent and Bank- rupt persons. Infants and Lunatics. 12. The Supreme Court shall have power to appoint and control Guardians and Keepers of Infants, and their estates, and Keepers of the persons and estates pf Idiots, Lunatics, and such persons as, being of unsound mind, are unable to govern themselves and their estates. Powers in Matrimoniar Matrimonial. 13. The Supreme Court shall have and exercise the jurisdiction vested, under the Royal Letters Patent of the 10th of August, 1855,* in the Court of Judicature of Prince of Wales' Island, Singapore and Malacca, in Matrimonial cases, so far as the several religions, manners and customs of the inhabitants of the Colony will admit. Power to grant Probate and Adminis- tration. May be for one or more Settlements. Court may grant to others. Probate and Administration. 14. The Supreme Court shall have the same powers of granting Probates of Wills and Testaments, and Letters of Administration to the estates, of all persons leaving moveable or immoveable pro- perty in the Colony, as are vested in Her Majesty's High Court of Justice in England, subject to such modifications, to suit the several religions and customs of the native inhabitants, as have hitherto been recognized, by the Court. 15. Probates and Letters of Administration may be granted either for one Settlement or for two Settlements, or for the whole Colony, as the Court shall in each case direct, and subject to such Eules and Orders as may be made in that behalf from time to time under Section 81. 16. In any case where the next of kin of any person dying intestate, or the greater number of such next of kin, shall so desire ; and in any case where no next of kin or creditor or other person appears and makes out claim to Administration ; and in any case where the Executors appointed by any Will do not appear and sue out Probate ; Letters of Administration of the estate "and effects of siich intestate, or oi such testator, may be granted by the Court to such person as the Court may think fit for the purpose, at any of the Settlements where the said estate and eifects, or any portion thereof, may be found. Official Ad- ministrator. Official Administrator, 17, It shall be lawful for the Governor, when directed by the Secretary of State for the Colonies, to appoint an Administrator- General or Deputy Administrator-General, for all or any of the Settlements, All such Administrations as are referred to in Section 16 shall be granted to such Officer when so appointed, at * For Letters Patent see p, 1. COURTS. [III. OF 1878.] 703 the Settlement or Settlements where, or for which, he acts ; unless, in any particular ■ cases, the Court, for sufficient reasons, directs that any such Administration shall be granted to a person other than such Administrator-General or Deputy Administrator- General. CHAPTER V. Civil Jurisdiction of the Supreme Court. "General. 18. The Supreme Court, shall have and exercise Civil Juris- Civil Jurisdic- diction in all matters and questions whatsoever which may be *'°° *°j^^ lawfully brought before it. 19. The Supreme Court in the- exercise of its Civil Jurisdiction Jurisdiction may receive, try and determine actions, suits and proceedings of °* Court, every description, by and against all persons and bodies corporate, in all cases where the persons who are Defendants are present in the Colony, or the Corporate Body which is Defendant has an establish- ment or place o£ business in the Colony ; and also in the following cases although the Defendant is not present, or has not its establish- ment as aforesaid in the Colony, that is to say, if the Defendant has property in the Colony, or if the whole or any part of the sub- ject matter of the suit is land or stock or other property, situate within the Colony ; or any act, deed, will or thing affecting such land, stock or property was done executed or made within the Colony ; and whenever the contract which is sought to be enforced or rescinded, dissolved, annulled or otherwise affected in any such suit, or for the breach whereof damages or other relief are or is demanded in such suit, was made or entered into, or was to be per- formed or partly performed, within the Colony; and whenever there has been a breach within the Colony of any contract wherever made ; and whenever any act or thing sought to. be re- strained or removed, or for which damages are sought to be recovered, was or is to be done, or is situate, within the Colony, or if the cause of action arose in the Colony, or if the subject of the proceeding otherwise falls, on general principles of international law or comity, to be determined by the law of the Colony. In suits founded on Contiact, " cause of action " as used in this Cause of Section, shall not necessarily mean the whole cause of action ; but ^^^°^' a cause of action shall be deemed to have arisen within the jurisdiction, if the contract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere. Matters Pending. 20. The Supreme Court constituted by this Ordinance shall Jurisdiction have jurisdiction over all proceedings pending in the Supreme Court pg*^*"*™ 704 [in. OF 1878.] COURTS. at the time when this Ordinance shall come into operation ; and such proceedings, and all previous proceedings in the said Court, and in the late Court of Judicature of Prince of Wales' Island Singapore and Malacca, shall be dealt with, wheie necessary, and so far as may be practicable, as if the same had been had in the Supreme Court constituted by this Ordinance. Business of the Court. Court open 21. Subject to the provisions of the Civil Procedure Ordinance, the°year?'* 1878, the Supreme Court shall be open throughout the year, for Ord.v.of 1878. the despatch of the business of the Court in the various branches of its Civil Jurisdiction. Provision for Malacca. Malacca Business. 22. The Supreme Court at Singapore, may, in its discretion, on the application, at Singapore or Malacca, of the 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 ordinarily be performed at Malacca ; and may direct any suit and proceeding, commenced at Malacca, and any Eecords or Docu- ments, filed or found in the Supreme Court at Malacca, to be transferred to Singapore, for the purposes of the duties hei-ein referred to ; and, on like application, suits may be conjmenced, pleadings filed and all proceedings taken and continued at Singapore, in cases in which, by the ordinary rules, the suit or proceeding would be commenced, had or continued at Malacca. Suits in formS, pauperis. Court may direct Regis- trars to assist Suitors. Proriso. Court to have power OYer costs. Poor Suitors. 23. The Supreme Court shall have the powers exercised by Her Majesty's High Court of Justice jn England for admitting poor persons to sue and defend in form4 pauperis. 24. Subject to such rules and orders as may be laade from time to time, it shall be lawful for the Supreme Court, upon the applica- tion of any of the parties to any suit, matter or proceeding, if the circumstances of the case shall seem to the Court to require it, to direct the Kegistrar of the Court, or his Deputy, to draw such pleadings and documents as may be necessary, having regard to the rights of the party so applying, and to remit the fees payable in respect of such pleadings and documents. Provided always that nothing herein contained shall be held to prevent the recovery of such fees so remitted, from any other party or parties to the suit, matter, or proceeding, in any case in which the Court may direct that the costs shall be paid by such other party or parties. Costs. 25. The Supreme Court shall have full power in all suits, matters, and proceedings which may be instituted in the said Court whether in its original or appellate jurisdiction, to awf>rd and order OOUKTS. [III. OF 1878.] sucli costs to be paid, by either or any of the parties, to the other or others, whether the same or opposite parties, as the said Court shall think just. all Crimiual c^ses. CHAPTER VI. Criminal Jubisdiction of the Supreme Court. Powers of Court. 26. The Supreme Court shall be a Court of Criminal Juris- Powers of diction, and shall have such jurisdiction and authority in criminal Co™J°^ matters as Her Majesty's High Court of Justice, and the several Judges thereof, have and may lawfully exercise, in England.- 27. The Supreme Court shall have and may exercise Criminal Jurisdictioa in Jurisdiction in all crimes and oftences whatsoever, which may law- ° ° fully be tried in the Colony. Assizes. 28. Sessions for the despatch of the criminal business of the Assizes when Supreme Court, to be called Assizes, shall be held in the several *° ^ ^ ■ Settlements as follows ; — At Singapore and Penang, not fewer than six such Assizes in each year. At Malacca, not fewer than four such Assizes in each year. 29. Such Assizes shall be distributed as equally as conveniently How dis- may be over the twelve months in each year ; and the times of *"^"*^'*- liolding the same shall, from time to time, 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 Government Gazette, or otherwise, a reasonable time before the days fixed for holding the same. 30. It shall be lawful for the Chief Justice, with the concur- Chief Justice rence of the Governor, after the publication of any such notice, to ™^g/ '^"^ alter the days fixed for the Assizes, if it should be found expedient so to do ; and to appoint other times and places for holding Assizes whenever occasion shall arise for so doing. Provided that Governor may it shall also be lawful for the Governor to appoint Special Assizes appw'''- at any of the Settlements whenever he shall think it necessary so to do. 31. Such Assizes may be held at different Settlements at the How heia. same time, and shall be presided over by one or more Judges of the Supreme Court, or partly by one and partly by another Judge or Judges, TY 706 [III. OF 1878.] COUETS. Seal of Court. Exergue. Existing Seal inaj" be used. CHAPTER VII. Seal of the Supreme Court. 32. The Supreme Court shall have and use, as occasion may require, a Seal in triplicate, one of which shall be kept in the custody of the Registrar or Deputy Registrar at each Settlement. 33. Such Seal shall bear a device and impression of the Royal Arms of the United Kingdom, with an Exergue or Label surround- ing the same, with this Inscription :— " The Seal of the Supreme Court of the Straits Settlements." 34. The Seal of the late Court of Judicature may be used for the Supreme Court till a new Seal be procured. Writs in Her Majesty's name. Writs. 35. All writs, summonses, precepts, rules, orders, and mandatory process whatever, to be used, issued or awarded by the Supreme Court shall run, and be, in the name and style of Her Majesty the Queen, Her Heirs and Successors ; and shall be sealed with the Seal of the Court, and shall bear the attestation of the Chief Justice, and in case the office of Chief Justice shall be vacant, of one of the Puisne Judges. Officers of the Court. Eegistrars and Officers how appointed. Qualification of Registrars. Proviso where no Registrar. CHAPTER VIII. Officers of the Supreme Court. Registrars' Department. 36. There shall be attached and belonging to the Supreme Court such and so many Registrars, Deputy Registrars, Clerks, Interpreters, and other Officers as to the Governor, with the con- currence of the Chief Justice, may seem necessary at the several Settlements. 37. Such Registrars, Deputy Registrars and Officers shall be appointed in the manner prescribed for the appointment of officers in the civil service of the Crown in the Colony. Provided that no person shall be appointed Registrar in the- said Court, unless he shall have the qualification made necessary by this Ordinance for the admission of Advocates and Solicitors to practise in the Supreme Court. All or any of the powers vested by this Ordinance in the Re- gistrars of the Supreme Court may be exercised by a Deputy Registrar, or such other officer as the Court may appoint, at any Settlement when there is no Registrar present in the execution of the duties of his Office. COURTS. [III. OF 1878.] 707 38. Til] othei-wise provided by the Governor, the Eegistrars, 5-^^''°^ Clerks, Interpreters and other Officers attached to the Supreme continue.** Court shall Continue to hold their offices and salaries under this Ordinance. 39. Such Officers as shall be required by the Court shall take. Officers to be before a Judge of the Court, the Oath of Office. ^"^°''°- 40. The Registrars, Deputy Registrars and Clerks of the Duties of Supreme Court shall do such duties as they may be required by ^^Pq^^^ law to do, and all such duties as they may be required by the Court to do, and as are discharged by Masters, Clerks of the Crown, Registrars and Clerks, and the like Officers, in Courts o£ Superior Jurisdiction. 41. The Supreme Court may, from time to time, make such Rules Rules for and Regulations as it may deem fit for the apportionment of the work apportionment among the Officers of the Court, under the general control of the ° Registrars respectively. Special Duties of Registrars. 42. It shall be lawful for the Registrar at any Settlement when ''^?^°^^\f^y*^*^ there is no Judge of the Supreme Court present in the Settlement, "„ ab^enceTof in the execution of the duties of his Office of Judge, to make all Judges, such Orders as may be necessary in matters of procedure, as pre- scribed by the law of procedure in force for the time being, and as the Court may from time to time authorize, by Rules and Orders under Section 81 ; with power to the said Registrars to alter, vary and discharge any siich orders made by them, on due occasion therefor appearing. Commissioners to take Affidavits. 43. The Registrars, Deputy Registrars and such persons as may [^°^™e^®'°°®'^* from time to time be appointed by the Supreme Court for the affidavits, &c. purpose, shall have full power to receive acknowledgements of married women, in all cases where such acknowledgements are required by law to be taken before a public officer ; and to receive the acknowledgements of recognizances of bail and bail pieces ; and to administer oaths for the justification of bail ; and for taking of any affidavit or affirmation ; and for receiving and taking the answer, plea, demurrer, disclaimer, allegation or examination of any party or parties to any suit ; and for the examination of any witnesses upon any interrogatories either de bene esse or in chief, or on any other occasions ; and for swearing Executors and Adminis- trators ; and for swearing persons in anv suit, matter or proceeding which may be pending, or about to be instituted, in the said Court, in any of its Jurisdictions. Accountant-general. 44. There shall be an Accountant- General, to be appointed by General ^d the Governor, for the Supreme Court, and he shall do all things his dntieB. TX 2 708 [III. OF 1878.] COURTS. necessary to carry into execution the orders of the Court relating to the payment or delivery or depositing of the Suitors' money, jewels, precious stones and securities into or in the Treasury of the Colony, and investing the money of Suitors and keeping the ac- counts thereof. Proviso at 45. All the powers vested and duties imposed by this Ordinance other Settle- ^^ a,nd on the Aocountant-General of the Supreme Court shall ments. ^^ exercised and performed by a Deputy Accountant-General, to be appointed by the Governor, at any Settlement where the Accountant-General may not be present in the execution of the duties of his Office. Sheriffs. Sheriff and his 46. There shall be a Sheriff, to be appointed by the Governor, duties. foj. each of the Settlements, with such subordinate officers as may be appointed ; and such Sheriff shall, within his own Settle- ment, execute all writs, summonses, rules, orders, warrants, coni- mands and process of the Supreme Court, and subordinate Civil Courts, which may be given to him by such Courts for that purpose. ; and shall make a return of the same, together with the manner of the execution thereof, to the Supreme Court, or to the subordinate Civil Court from which the process issued ; and shall receive all such persons as shall be committed to his custody by the Supreme Court and subordinate Civil Courts; and it shall be lawful for each Sheriff to execute, in the Settlement of which he is the Sheriff, all orders and process sent to him from the other Settlements. Proviso for 47. In any case or matter where a Sheriff may be interested. Sheriff ^^ it shall be lawful for* such other Officer or person as the Court may appoint for that purpose, to act in the place of such interested Sheriff. Present officers 48. The Accountant-General, Deputy Accountants-General and to continue. Sheriffs acting when this Ordinance comes into operation shall con- tinue to act as if appointed under this Ordinance. CHAPTER IX. Advocates and Solicitors. Admission. Present 49. — I. The Advocates and Attomies admitted in the Supreme Advocates, Court, at present, shall be Advocates and Solicitors of the Supreme Court under this Ordinance ; Admission of ' II. It shall be lawful for the Supreme Court, at its discretion, and^SoUcitor subject to such Rules as may be made under Section 81, to admit •with European and enrol as an Advocate and Solicitor of the Supreme Court, any qualification; Barrister-at-Law or Advocate of Great Britain and Ireland, or * In the 0Ti)>inal Ordinance the word " a " occurs after the word " for." COURTS. [III. OF 1878.] ' 709 Attorney, Solicitor or Writer to the Signet of one of the Superior Courts at Westminster, Dublin or Edinburgh ; It shall also be lawful for the Supreme Court, subject to the said Local qualifi- Eules, to admit and enrol as an Advocate and Solicitor of the e**"""- Supreme Court any person who has already served as Law Clerk in the office of an Advocate and Attorney of the Supreme Court for the period of five years, or who has already commenced so to serve and shall continue so to serve in the office of an Advocate and Solicitor of the Supreme Court for such period in the whole, and also any person who may in future serve as a Law Clerk in the office of an Advocate and Solicitor, for such period ; and who in every such case shall, after such service, upon examination as to character and competency, by such persons as the Court shall appoint, be approved of as fit and competent to act as an Advocate and Solicitor of the Court. Provided that it shall be competent for the Court in the case of ^'°"*° ^°' . any such Law Clerk, who-shall have so served for three years, and who shall upon such examination have been so approved of, to dispense with the remainder of his time of service, on the ground of his special fitness and capacity. Every person admitted under this Section shall on his admission Oath, take the oath of Allegiance to Her Majesty. Control over. 50. The Advocates and Solicitors shall be subject to the control Advocate, &c., of the Supreme Court, and shall be liable, on due cause shown, and ™e^ed,'&r subject to such Rules and Orders of Court as may be made under Section 81, to be suspended from practice, or struck off the Rolls of the Court, by the Judges of the Court or by a majority of them. Exclusive Privileges, 51. The Advocates and Solicitors so admitted shall, subject to Advocates °&c. the provisions of this Ordinance, and of the Civil Procedure Ord. V. of 1878. Ordinance 1878, have the exclusive right to appear and plead in all Courts of Justice in the Colpny, according to the law in force in such Courts. ^ ^^^^ -without Provided that it shall be lawful for the Supreme Court to permit, fef allowed, on special occasions, any person to act, without fee or reward, as agent for any suitor, and to withdraw such permission at pleasure. Fees. Fees to be 52. The fees to be received by such Advocates and Solicitors, fuWe't'to shall be subject to the control and taxation of the Supreme Court, control of in the same manner as costs may be taxed in Her Majesty's High Court. Court of Justice in England, either as between party and party or as between Solicitor and Client, as the CAne may reijuire. 710 [III. OF 1878.] COURTS. Suits under ^50. PART III. INFEKIOR CIVIL AND CRIMINAL COURTS. CHAPTER X. CouETS OF Requests. 53. AH suits in -which the sum claimed, or the value of property claimed, shall not exceed fifty dollars, shall be heard before a Court of Requests, to be presided over by a Magistrate as Commissioner of the Court. Existing 54_ Till otherwise provided by law, the Law and Practice and re'taiued! °'' Procedure of such Courts of Requests shall be the same as those of the Courts of Requests existing when this Ordinance comes into operation. Appointed by governor. Magistrates. CHAPTER XI. Justices of the Peace, Magistrates, and Coroners. Appointment of. 55. It shall be lawful for the Governor from time to time by Notification in the Government Gazette, to appoint such persons as shall be named therein, to act as Justices of the Peace for the ■whole Colony, or for any Settlement or Settlements of the Colony. 56. It shall be lawful for the Governor to appoint such, and so many persons, being Justices of the Peace, as may be necessary, at the several Settlements, to act as Magistrates. Courts appointed. Courts how and where held. Summary Procedure. Magistrates' Courts. 57. There shall be so many Magistrates' Courts, and Courts of two Magistrates, at each of the Settlements as the Governor shall appoint. Such Courts shall be held at such places as the Governor maj'- from time to time appoint, and shall be presided over by any one or more, or two or more Magistrates, as the case may be. Every such Magistrate's Court, and Court of two Magistrates, shall proceed to hear and determine cases within their jurisdiction in a summary way. Coroners appointed. Coroners. 58. The Governor may appoint one or more Coroners for each Settlement to act either for the whole Settlement or for a diA)ision thereof as the Governor may_ from time to time direct. Every such Coroner may he appointed either hy name or by the description of the person for the time being hmfidly performing the duties of some other office in the Settlement. COURTS. [III. OF 1878.] 711 Oaths. 59. Every Justice of the Peace appointed shall, before entering Oaths for on the duties of his office, take and subscribe before a Magistrate J°s^^s cf xtlP JrPflOG the oath of allegiance and the judicial oath. 60. Every Justice o£ the Peace appointed to be a Magistrate Oaths for shall, before entering on the duties of his office, take and subscribe Magistrates. before a Magistrate the oath of office. 61. It shall not be necessary for any Magistrate, who may have Courts of taken the oaths required for a Magistrate, to take any fresh oath, Requests. on being appointed to perform the duties of a Commissioner of a Court of Requests. 62. Every Coroner appointed shall, before entering on the duties Oaths for of his office, take and subscribe before a Magistrate the oath of *-'°'^°°^'- allegiance and the judicial oath. 63. The Magistrate before whom the oaths of Justices of the Record of Peace, Magistrates and Coroners are taken shall enter, in the records Oaths. of his Court, that the oaths were duly administered and taken before him, and shall forthwith transmit a copy of every such entry, certified under his hand, or under the hand of any Magistrate sitting in the same Court, to the Registrar or ]!)eputy Registrar of the Supreme Court at the Settlement 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. General. 64. All Magistrates' Courts established, at the coming into Courts now operation of this Ordinance, shall continue to be held till otherwise ^^*^ '^ ^ " provided by law. 65. All Justices of the Peace, Magistrates, and Coroners duly Proviso for sworn and acting when this Ordinance comes into force may con- J'^^tices, &c., tinue to act as Justices of the Peace, Magistrates, and Coroners without taking any fresh oath under this Ordinance. PART IV. APPELLATE JURISDICTION. CHAPTER XII. Court of Appeal Constituted. 66. The Supreme Court shall be a Court of Appeal, with ^°^^ jurisdiction to hear and determine Appeals in such matters, tried *PP°'° ^ ' before any of the Judges of the said Court, as may be prescribed by law. 712 [III. OF 1878.] COURTS. Appeals to be heard before not less than three Judges. 67. Appeals shall be heard before not less than three Judges and shall be decided by a rnajority of votes the presiding Judge having a casting vote in case of equality of votes. Appeals by consent. Absent Judge. Decisions final. Wien held. Appeals by Consent. 69. At any time when two Judges of the Supreme Court, of whom the Chief Justice shall be one, are together at any Settle- ment in the execution of the duties of their office, Appeals from decisions of the Judges given at such Settlement may, with the consent of the parties, be heard before such two Judges, without waiting for the sitting of a full Court of Appeal; and, with the like consent, Appeals from any other Settlement, may be heard before such two Judges. Provided that no decision of an absent Judge shall, without his concurrence, be over-ruled or altered, by such two Judges, unless they both agree to over-rule or alter such decision. And provided further that the decision of such two Judges, on Appeals heard before them by consent, shall be final, as far as the right, of Appeal in the Colony exists. ' ^ ..j Courts for hearing Appeals by consent under this Section shall be held at such times as the Chief Justice may appoint. When and where Courts of Appeal to be held' Sittings of Cotjet. 70. Courts for the heaving of appeals shall be held at such times and at such places as the Chief Justice with the concurrence of the Governor may from time to time appoint. Heard before a Judge. Malacca. Magisteates' Appeals. 72. Appeals against the decisions of the Magistrates' Courts, and Courts of two Magistrates, at Singapore and Penang, shall be heard before the Judge, or either of the Judges, acting for the time being at those Settlements respectively. 73. Such Appeals arising at ftialacca shall be heard before either of the Judges at Singapore, o' before any Judge of the Supreme Court sitting at Malacca. Privy Council. Appeals to Her Majesty in Council. 74. Nothing herein contained shall be held to atfect the right oi Appeal to Her Majesty in Council as provided by law. COURTS. [III. OF 1878.] 713 PART V. GENERAL. CHAPTER XIII. SuiTOEs' Pkoperty. 75. All moveable property of Suitors paid into, or ordered into, Suitors' pro- Court, or deposited or ordered to be deposited in Court, or with v^'^^y^ &=•> to any Officer of the Court, for safe custody, shall be deposited in the in Treasunr. Public Treasury of the Colony, there to be kept, subject to such orders and directions, as to the disposition and re-payment of the same, as the Court may make, either by General Rules and Orders, or by any special order or direction of the Court. 76. The Court may order that any moneys of the Suitors paid Investment of into or ordered to be paid into Court, or deposited or ordered to Suitors' pro- be deposited in the Public Treasury of the Colony, shall be invested ^^^^' "' in the Securities of the Colony, whether Governmental or Municipal, or in the Securities of the Government of Her Majesty's Possessions in India, or otherwise as is by law accustomed in England ; and any of such monies, invested or to be invested in the Securities of the Colony, whether Governmental or Municipal, shall, on the requisition of the Governor in Council, be transferred by the Court to, or invested or re-invested in, the Securities of the Government of India, or in such other Securities as the Governor in Council may lawfully direct. CHAPTER XIV. Judicial Fees. 77. Every Table of Fees fixed by the Supreme Court shall be PiWication published in the Government Gazette of the Colony, and, when not "°^ operation- otherwise directed, shall come into operation on the date of such publication, and shall expressly state how much of any previously existing Table of Fees is rescinded ; and the new Table of Fees shall be held to repeal so much, and no more, of the existing Table or Tables of Fees as is so expressly stated to be rescinded. 78. The Officer of any Court required to do any thing for Eecovery of which a fee is chargeable may decline to do that thing till the fee ^^^^' is paid ; and all fees prescribed in any such tables, shall be recover- able, when not otherwise provided for by law, as follows ; that is to say :— In the Supreme Court and Courts of Requests by writ of execu- tion against the property moveable and immoveable of the person indebted, to be issued summarily, on the motion of the Officer of the Court, on notice to the person charged ; In the Magistrates' Courts, by summary procedure before the Magistrate or Magistrates in the manner prescribed by law for the recovery of fines before Magistrates. 714 [III. Of 1878.] COURTS. May be pay- able in Stamps. Table of Fees to be read as pait of Ordinance VIII. of 1873. Payable in Stamps. 79. It shall be lawful for the Governor in Council to declare by Order in Council, that all or any fees, leviable in any Court of Justice, shall be payable by means of Stamps, under the laws, in force for the time being, for the collection of Stamp Duties in the Colony. 80. Whenever the Governor in Council shall declare that any fees iu a Court of Justice shall be payable by means of Stamps, the Order in Council shall set out a Table of such Fees, and, on the publication thereof, the Table of Fees shall be read as if it formed a part of the Schedule of the Stamp Ordinance, 1873.* CHAPTER XV. Rules and Oedees. Judges may make Rules and Orders for Process, for Practice and Procedure, for admission of Advocates . Tables of Fees for Court and Officers. Ditto for Advocates, &c. Alterations. 81. — I. It shall be lawful for the Judges of the Supreme Court or any two of them, of whom the Chief Justice shall be one, and for a single Judge at any time when there may be only one Judge present in the Colony in the execution of the duties of the Office of Judge of the Supreme Court, from time to time ; II. to frame Process ; and to make Rules and Orders for the due execution of the same, and for the responsibility of the persons executing the same ; III. and to make Rulesj and Orders of Court for the Practice and Procedure of all Courts of Justice, in their AppellateJ as well as Original Civil and Criminal Jurisdiction ; IV. and for the admission of Advocates and Solicitors in the Supreme Court ;§ V. and from time to time to fix Tables of Fees to be allowed for services in the Court, || and in the offices of the Registrars, Sheriifs and Interpreters ; VI. and to fix Tables of Fees to be chargeable by the Advocates and Solicitors, for their services ; VII. and to revoke, alter, amend or renew, as occasion may require, all such Process, Rules and Orders frauv id, and all such Tables of Fees fixed : * The Stamp Ordinance, 1873, was repealed by the Stamp Ordinance, 1881 (Ord II of 1881), s. 74. t For Rules, see Order I., August 1879, Government Gazette of January 9, 1880 p. 14 ; for Rules as to Procedure in the Registiy, see Government Gazette of April 1 5* 1881, p. 306. ' J For Rules as to Procedure in Appeal, see Government Gazette of January 9, 1880 p. 12. ' ' § For Rules for the Admission of Advocates and Attorneys under the repealed Courts Ordinance, 1873, see Government Gazette of August 29, 1874, p. 403. II For Rule as to Court Fees, see Government Gazette of August 20, 1880, p. 796. COURTS. [III. OF 1878.] 715 VIII. Provided that the Rules and Orders shall not be incon- Proviso, sisteut with the provisions of this Ordinance, or, except -where otherwise expressly enacted, of any other Ordinance in force or to be in force in the Colony. IX. All fees for services in the Courts, and in the offices of the Fees to Registrars, Sheriffs, Interpreters and other offices of the Courts, if Treasury, any, shall be paid into the Treasury for the service of the Colony. 82. A copy of all Rules and Orders made, and Tables of Fees Eules and fixed, by the Supreme Court under . this Ordinance, certified under Orders of the hand of the Chief Justice, or of the Judge making or fixing ia°d before* the same, shall be forthwith transmitted by the Chief Justice or Legislature. Judge to the Governor, by whom the same shall be laid, with all convenient despatch, before the Legislative Council. And any such Rules and Orders and Tables of Fees, so laid before To cease if the Legislative Council, which shall not, within six weeks, be °°' sanctioned, sanctioned by a Resolution of the Council, shall, at the expiration of such six weeks, cease to have efiect. CHAPTER XVI. Miscellaneous. 83. AH provisions of Acts of the Imperial Parliament, Orders of Former Laws Her Majesty in Council, Orders of Government, Letters Patent, P"^^^^"^^® ■ Ordinances of the Legislative Council, and Acts of the Legislative Council of India, in force in the Colony when this Ordinance comes into operation, and which were applicable to the late Court of Judicature of Prince of Wales Island, Singapore and Malacca, or to the Supreme Court as constituted under Ordinance No. V. of 1868, or No. V. of 1873, or to the Judges thereof, shall be taken to be applicable to the Supreme Court as constituted under this Ordi- nance, and to the Judges thereof ; and all General Rules and Orders of the said Court of Judicature, and of the said Supreme Court, and all Tables and Scales of Fees, in force when this Ordinance shall come into operation, applicable, in the two latter cases, to all or any of the Courts in the Colony, shall continue in force, so far as may be consistent^ in all the above cases, with the provisions of this Ordinance. 84. This Ordinance may be cited as " The Courts Ordinance, Short Title. 1878," and shall come into operation at such time as the Governor may by order in Council* direct. * For Order in Council, see Government Gazette of December 13, 1878, p. 1320. 716 [IV. OF 1878.] CIVIL LAW. Ordinance No. IV. of 1878. Table op Contents. PART I. JUDICATURE ACTS 1873 AND 1875. Section 24. Act of 1873. Clause 1. Plaintiffs' Equities. 2. Defendants' do. 3. Countee-Claims. 4. Rights appearing incidentally. 5. Stat of Proceedings. 6. Legal Rights and Claims. 7. Multiplicity of Suits. Section 1. Section 25. Act of 1873. Clause 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Section 2. Section 56. Act of 1875. Section 32. Act of 1 873. Insolvent Estates and Companies. Express Trusts. Equitable Waste. Merger. Mortgagors. Choses in action. Contracts. Injunctions and Receivers. Infants. Conflict of Law and Equity. Referees and A ssessors. Unclaimed Dividends. Section 75. Council of Judges. Act of 1873. Section 3. Section 4. Section 5. PART II. MERCANTILE LAW. Law of England to be observed in all commercial matters. Section 6. PART III. RELIEF OF TRUSTEES. Trustees may apply to Court to pay money in. Court may mj^ke orders. Section 7. 8. CIVIL LAW. [IV. OF 1878.] 717. PART IV. SETTLED ESTATES, LEASES AND SALES. Power to authoeize Leases. Section 9. Do. do. Sales. „ 10. Court not to exceed powers of settlors. „ 11. Rules of Court. „ 12. Short Title. ,, ] 4. An Ordinance to improve the Civil Law. [1st January, 1879.] WILLIAM C. F. ROBINSON, GoverDor and Commander-in-Chief. Whereas it is expedient to extend to this Colony the recent Preamble, improvement in the law in England, whereby Law and Equity are to be concurrently administered, and otherwise to improve the Civil Law. It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — PART I. Judicature Act, 1873, Section 24. 1. In every civil cause or matter, commenced in the Supreme Law and Court, Law and Equity shall be administered by the Court, in its Equity to be original and appellate jurisdiction, according to the rules following. atodristCTed 36 at 37 Vict, Plaintiffs' Equities. <=. 66, s. 24. (1.) If any plaintiff or petitioner claims to be entitled to any plaintiffs to equitable estate or right, or to relief upon any equit- have equitable able ground against any deed, instrument, or contract, ''^^'^^ ™ claims. or against any right, title, or claim whatsoever asserted by any defendant in such cause or matter, or to any relief founded upon a legal right, which heretofore could only have been given by the Court on its Equity side, the Court shall give to such plaintiff or petitioner such and the same relief, as ought to have been given by the Court, on its Equity side, in a suit or proceeding for the same, or the like purpose, properly instituted before the passing of this Ordinance. Defendants' Equities. (2.) If any defendant claims to be entitled to any equitable Defendants estate or right, or to relief upon any equitable ground i''!** ™ 718 [IV. OF 1878.] CIVIL LAW. against any deed, instrument, or contract, or against any- right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equit- able defence to any claim of the plaintiff or petitioner in such cause or matter, the Court shall give to every equit- able estate, right, or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plain- tiff or petitioner, as the Court on its Equity side ought to have given, if the same or the like matters had been relied on by way of defence, in any suit or proceeding instituted in the Court on its Equity side, for the same or the like purpose, before the passing of the Ordinance. Defendants to have relief against Plaintiffs in suit. and against other parties. Service on other parties. Effect of service. COUNTEE-CLAIMS. (3.) The Court shall also have power to grant to any defendant, in respect of any equitable estate or right, or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by him, all such relief against any plaintiff or petitioner, as such defendant shall have properly claimed by his pleading, and as the Court might have granted in any suit instituted for that purpose, by the same defendant against the same plaintiff or petitioner ; and also all such relief, relating to or con- nected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim,pursuant to any Statute,Rule of Court, or any Order of the Court, as might properly have been granted against such person, if he had been made a de- fendant to a cause, duly instituted by the same defendant for the like purpose ; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights, in respect of his defence against such claim, as if he had been duly sued in the ordinary way by such defendant. Equitable rights appearing incidentally. Suits not to be restrained by prohibition or injunction. Eights appearing incidentally. (4.) The Court shall recognise and take notice of all equitable estates, titles and rights, and all equitable duties and liabilities, appearing incidentally in the course of any cause or matter, in the same manner in which the Court on its Equity side would have recognised and taken notice of the same, in any suit or proceeding dulv in- stituted therein before the passing of this Ordinance!^ Stay of Proceedings. (5.) No cause or proceeding at any time pending in the Court, in its original or appellate Jurisdiction, shall be restrained CIVIL LAW. [lY. OF 1878.] 719 by prohibition or injunction ; but every matter of equity, on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if this Ordinance had not passed, either unconditionally or on any terms or conditions, may be lelied on by way of de- fence thereto ; Provided always, that nothing in this Ordinance con- Court ma}' tained shall disable the Court from directing a stay of ^o°eedmgs^ proceedings, in any cause or matter pending before it, if it shall think fit ; and any person, whether a party or not to any such cause or matter, who would have been entitled, if this Ordinance had not passed, to apply to the Court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any Judgment, Decree, Eule or Order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the Court, by motion ^y,^^°"y ° in a summary way, for a stay of proceedings in such cause -^ay. or matter, either generally, or so far as may be necessary for the purpose of justice ; and the Court shall thereupon make such Order as shall be just. Legal Rights and Claims. (6.) Subject to the aforesaid provisions, for giving effect to Subject as equitable rights and other matters of equity in manner jq"]^;^^"^^ aforesaid, the said Court shall recognise and give effect to to fiaims at all legal claims and demands, and all estates, titles, law, and by rights, duties, obligations, and liabilities by the Com- ~"~^ mon Law or by any Custom, or created by any Statute, in the same manner as the same would have been re- cognised and given effect to, if this Ordinance had not been passed. custom, or statute. Multiplicity of Suits. (7.) The Court, in the exercise of its original and appellate juris- Court to grant diction, in every cause or matter pending before it, shall ?^^ ^"".'^ have power to grant, and shall grant, either absolutely or any of the on such reasonable terms and conditions as to it shall parties are seem just, all such remedies, whatsoever, as any of the ™*'*'^^ *? '" parties thereto may appear to be entitled to, in respect of every legal any and every legal or equitable claim, properly brought and equitable forward by them respectively in such cause or matter ; so ^^™' j?,;^^'"^ that, as far as possible, all matters so in controversy between ^^ '°' ^' the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings con- cerning any of such matters avoided. 720 [TV. OF 1878.] CIVIL LAW. 36 & 37 Vict. c. 66, s. 25. . JuDicATUKE Act, 1873, Section 2.5. 2. And whereas it is expedient to amend and declare the law to be hereafter administered in the Supreme Court, as to the matters herein mentioned : it is further enacted as follows : — Administra- tion of insolvent estates, and winding up Companies. Indian Act 10 of 1866. 38 & 39 Vict. u. 77, s. 10. Bankruptcy rules to pre- vail. Creditors may come in under the decree, or winding up. Insolvent Estates. (1.) In the administration by the Court of the assets of any person who may die after the commencement of this Ordinance, and whose estate may prove to be insufficient for the payment in full of his debts and liabilities, and in the winding up of any company under the Companies Act, 1866, whose assets may prove to be insufficient for the payment of its debts and liabilities, and the costs of winding up, the same rules shall prevail and be observed, as to the respective rights of secured and unsecured creditors, and as to debts and liabilities proveable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being, under the Law of Bankruptcy, with respect to the estates of persons adjudged bankrupt; and all persons who, in any such case, would be entitled to prove for and receive dividends, out of the estate of any such deceased person, or out of the assets of any such company, may come in under the decree or order for the administration of such estate, or under the winding up of such company, and make such claims against the same as they may re- spectively be entitled to by virtue of this Ordinance. Statutes of Limitation inapplicatle to express trusts. Express Trusts. (2.) No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be baiTed by any Statute of Limitations. Estate for life when not to confer right of. Equitable Waste. (3.) An estate for life without impeachment of waste shall not confer, or be deemed to have conferred, upon the tenant for life, any legal right to commit waste, of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate. When not to operate. Merger. (4.) There shall not, after the commencement of this Ordinance, be any merger by operation of law only, of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity. CIVIL LAW. [IV. OF 1878.] 721 Mortgagors. (5.) A mortgagor entitled, for the time being, to the possession Suits for or receipt of the rents and profits of any land, as to which fand^w"" ° no notice of his intention to take possession, or to enter mortgagors, into the receipt of the rents and profits, thereof, shall have been given by the mortgagee, in ay sue for such possession, or for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person. Choses in Action. (6.) Any absolute assignment, by writing, under the hand of the Assignment assignor (not purporting to be by way of charge only), of of ^el"*? ^"^ any debt or other legal chose in action, of which express action ' notice in writing shall have been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been, effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this Ordinance had not passed,) to pass and transfer the legal efEeotuai to. right to such debt or chose in .iction, from the date of such pass right and notice, and all legal and other remedies for the same, and "^b™^^?- the power to give a good discharge for the same, without the concurrence of the assignoi- ; Provided always, that if the debtor, trustee or other l^o'iso for person liable in respect of such debt or chose in action, righ"s.^ shall have had notice that such assignment is disputed by the assignoi", or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead Interpleader, concerning the same, or he may, if he think fit, pay the i'ayment inta same into Court, under and in conformity with the pro- ^°"'^'- visions of Fart III of this Ordinance. Contracts. (7.) Stipulations in contracts, as to time or otherwise, which Stipulation* would not, before the coming into operation of this Or- °°' °^ *^®„ dinance, have been deemed to be, or to have become, of contacts to , the essence of such contracts, in a Court of Equity, shall be construed receive, in aU cases, the same construction and effect as m in Equity., they would have heretofore received in equity. Injunctions and Receivers. (8.) A mandamus or an injunction may be granted or a receiver Granted or appointed by an interlocutory Order of the Court, in all interlocutory 2 2 orders. 722 [IV. OF 1878.] CIVIL LAW. Terms. To prevent waste, &c., ■when granted. cases in which it shall appear to the Court to be just or convenient that such Order should be made ; and any- such Order may be made, either unconditionally or upon such terms and conditions as the Court shall think just ; and, if an injunction is asked, either before, or at or after, the hearing of any cause or matter, to prevent any threatened or apprehended Waste or trespass, such in- junction may be granted, if the Court shall think fit, whether the person against whom such injunction is sought is or is not in possession, under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title ; and whether the estates claimed by both, or by either of the parties, are legal or equitable. Rules of Equity to prevail. Cases of conflict not enumerated. Equity to prevail. Infants. (9.) In questions relating to the custody and education of infants, the Rules of Equity shall prevail. Conflict. (10.) Generally in all matters not herein before particularly mentioned, in which there is any conflict or variance be- tween the Rules of Equity and the Rules of the Common Law, with reference to the same matter, the Rules of Equity shall prevail. Court may refer ques- tions. Judicature Act, 1873, Section 56. Referees and Assessors. 36 & 37 Vict, ^. 66. ^. 56. 3. Subject to any. Rules of Court, any question arising in any suit or proceeding (other than a criminal proceeding by the Crown) before the Supreme Court, in its original or appellate jurisdiction, may be referred by the Court, for inquiry and report to any special referee, and the report of any such referee may be adopted wholly or partially by the Court, and may (i£ so adopted) be enforced as a judgment of the Court. Court may call The Supreme Court, in its original and appellate jurisdiction, in Assessors, may also, in any such suit or proceeding as aforesaid, in which it may think it expedient so to do, call in the aid of one or more assessors specially qualified, and try and hear such suit or pro- ceeding wholly or partially with the assistance of such assessors. The remuneration, if any, to be paid to such special referees or assessors shall be determined by the Court. Judicature Act, 1875, Section 32. Unclaimed Dividends. Bankruptcy! 4. AU dividends declared in the Supreme Court, acting or having and Insolvency acted, under the laws relating to Bankruptcy or the Relief of In- dividends. "' CIVIL LAW. [IV. OF 1878.] 723 solvent Debtors, which remained unclaimed for five years after the unclaimed for declaration of the dividends, and all undivided surpluses of estates vest in Crown administered under the jurisdiction of the Court, which remain un- gg ^ gg yjj.j divided for five years after the declaration of a final dividend, in ^. 77, ». 32. the case of bankruptcy, or for five years after the close of an in- solvency, shall be deemed vested in the Crown, and shall be disposed of as the Governor in Council may direct. At any time after such vesting, the Court, upon being satisfied Court may that any person claiming is entitled to anv dividend, or other order payment payment, out of the monies vested in the Crown by this Section, claimants, may order paynient of the same, in like manner as it might have done if the same had not, by reason of the expiration of five years, become vested in the Crown in pursuance of this Section ; and any order of payment so made shall be satisfied out of such funds as the Legislative Council may provide. It shall be the duty of the Accountant-General, so soon after Accountant- the passing of this Ordinance as conveniently may be, and there- General to after in the month of January in each year to send to the Colo- '^^^"^ yeary. nial Secretary a report, in writing, of all sums which vest in the Crown, under this Section, at the several Settlements, Orders for the pa3Tnent of' monies, which become vested in the Orders for Crown, under this Section shall be made by the Supreme Court payment, ho-vr on motion in open Court, by the Attorney-General or Solicitor- ™'' ^' General, or by any person specially authorized thereto by the Governor, on a certificate by the Accountant-General, or a Deputy Accountant-General, of the amount of the fund, and that it has been unclaimed for five years or upwards, and on an order in writing by the Governor requiring the amounts named therein to be paid into the Treasury or to be otherwise disposed of; which order may be signed by the Colonial Secretary by command of the Governor, and shall be attached to the motion paper. Judicature Act, 1873, Section 75. Council of Judges. 5. A Council of the Judges of the Supreme Court, of which due Councils of notice shall be given to aU the said Judges, shall assemble once at Judges to least in every year, on such day or days as shall be fixed by the cedure*aiS°" Chief Justice, with the concurrence of the Governor, for the purpose administration of considering the operation of this Ordinance, and of the Civil °^ justie^ Procedure Ordinance, 1878, and of any other Statute or Rules of ^ g^^ g 75° " Court for the time being in force, relating to civil procedure, and Ord.V. of also the working of the several oflSces, and the arrangements relative i^^^. to the duties of the ofiicers 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: and they shall report annually to the Governor what (if any) amendments or alterations Annual report. z z 2 724 [IV. OF 1878.] CIVIL LAW. Extraordinary Coancils. Report to Legislature. it would, in their judgment, be expedient to make in the law relating to the administration of justice, and what other provisions (if any), whieh cannot be carried into effect without the authority of the Legislature, it would be expedient to make for the better administration of justice. An Extraordinary Council of the said Judges may also at any time be convened by the Chief Justice, with the concurrence of the; Governor. Every Report made under this Section shall, with all convenient despatch, be laid before the Legislative Council. PART II. Mercantile Law. Law of Eng- 6. In all questions or issues which may hereafter arise or which land to be may have to be decided in this Colony, with respect to the law aii^commercial °^ partnerships, joint stock companies, corporations, banks and matters. banking, principals and agents, carriers by land and sea, marine insurance, average, life and fire insurance, and with respect to mercantile law generally, the law to be administered shall be the same as would be administered in England in the like case, at the corresponding period, if §uch question or issue had arisen or had to be decided in England, unless in any case other provision is or shall be made by any Statute now in force in this Colony or hereafter to be enacted : I'roviso as to lands. Provided that nothing herein contained shall be taken to introduce into this Colony any part of the law of England relating to the tenure or conveyance, or assurance of, or succession to, any land or other immoveable property, or any estate, right or interest thereon. Trustees, &c., may apply to Court for an order to pay money into Court. 10 & 11 Vict. u. 96. PART III. Relief of Trustees. 7. All trustees, executors, administrators, or other persons having in their hands any monies or securities for money or other valuable property belonging to any person whatsoever, or the major part of them, shrJl be at liberty, on filing an affidavit shortly describing the instrument creating the trust, according to tlie best of their knowledge and belief, to apply to the Court ex parte by motion, for an order to pay or deliver the same to the Accountant- General of the Court, to the account of the particular trust, (describing the same by the names of the parties as accurately as may be for the purpose of distinguishing it), in trust to attend the orders of the Court. CIVIL LAW. [IV. OF 1878.] 725 8. Such orders as shall seem fit shall be, from time to time, made Court may by the Court in respect of the trust moneys, securities or property T'^^f orders so paid in and deposited, as aforesaid, and for the investment and ^nd invSt"'^' re-m vestment and payment of any such moneys, and for the transfer ment, pay- and delivery out of any such securities and property, and for the ment, transfer administration of any such trusts generally. &° _ * '^*"^^' PART IV. Settled Estates, Leases and Sales. Leases, 9. I. It shall be lawful for the Supreme Court, from time to powerto time, if it shall deem it proper, and consistent with a due regard authorize for the interests of all parties entitled under the settlement, to '^j!f ^a" j-jgc authorize leases, for such time as the Court may deem expedient, not exceeding 99 years for building or repairing leases, or 21 years ^ jg '" ' for other leases, of the whole or any part 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 to atithorize the acceptance of surrenders of any such leases, either for the purpose of obtaining a renewal of the same or otherwise. II. On every such lease there shall be reserved the best rent. Best rent to or reservation in the nature of rent, either uniform or not, that ^^ reserved. can be reasonably obtained, without taking any fine or other benefit in the nature of a fine ; and, in case of a repairing lease or pro^ig,, building lease, a pepper-corn rent, or any smaller rent than the rent to be ultimately made payable, may, if the Court shall think fit so to direct, be made payable during all or any of the first five years of the term of the lease. III. Every such lease shaU be by deed, and the lessee shall Lease by execute a counterpart thereof ; and every such lease shall contain ^^ed, what such covenants, conditions and stipulations, as the Court may °°^^°*°*^- deem expedient, with reference to the special circumstances of the demise. IV. The power hereby given to authorize leases shall extend to Power to authorize preliminary contracts to grant any such leases, and any preUBiinarr of the terms of such contracts may be varied in the leases. contracts. Sales. 10. I. It shall be lawful for the Court, if it shall deem it proper, Power to and consistent with a due regard for the interests of all parties authorize entitled under the settlement, from time to time, to authorize a sale estates. ^*" * of the whole or any part of any settled estates, to be conducted and confirmed in the same manner as a sale of lands sold under a decree of the Court ; and the proceeds of such sale shall be invested. Proceeds of sale to be 726 [V. OF 1878.] CIVIL PROCEDUBE. dealt with so as best to carry out intention. Consideration on lauds for building. Court to direct execu- tion of con- veyance. or dealt with by the Court, in such manner as the Court shall think best calculated to carry out the intentions of the settlor, and, subject thereto, "with due regard to the interests of those intended to be benefited by the settlement. II. When any such lands are sold for building purposes it shall be lawful for the Court, if it shall see fit, to 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 shall approve. III. On every sale under this Section the Court may direct what person or persons shall execute the deed of conveyance ; and 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 efiect such sale, and so as to operate (if necessary) by way of revocation and appointment of the use or otherwise, as the Court shall direct. General. Court not to jj^ The Court shall not authorize any sale or other act beyond of settlor"^^"^^ the extent to which, in the opinion of the Court, the same might have been authorized, in and by the settlement, by the settlor or settlors. Rules to be made by the Court under Courts Ordin- ance 1878. Ord. III. of 1878. Short Title/ Ord. V. of 1878. 12. It shall be lawful for the Supreme Court, from time to' time, under Section 81 of the Courts Ordinance, 1878, to frame Rules and Orders tor regulating the practice and procedure of the Court in all matters relating to leases and sales of settled estates. 14. This Ordinance shall be taken and read together with the Civil Procedure Ordinance, 1878, and may be cited as the Civil Law Ordinance, 1878 ; and shall come into operation at such time as the Governor by Order in Council* may direct. Okdinance No. V. of 1878. Table or Contents. PART I. PRELIMINARY. CHAPTER L Sections. 1 to 7. Introductory. * For Order in Council, see Government Gazette of December 13, 1878, p. 1820. Sections. 8 to 17. General Etjles. CHAPTER III. 18 to 29. Advocates and Solicitors. PART II. INSTITUTION OF SUITS. CHAPTER IV. 30 to 52. Summons. Small Causes. CHAPTER V. 53 to 66. Service. CHAPTER VI. 67 to 81. Appearance. CHAPTER VII. 82 to 89. Default of Appearance. CHAPTER VIII. 90 to 103. Endorsement of Writ. CHAPTER IX. 104 to 132. Parties. CHAPTER X. 133 to 137. Joinder. PART III. OF THE PLEADINGS. CHAPTER XI. 138 to 168. The Pleadings. CHAPTER XII. 1.59 to 180. Rules of Pleading. CHAPTER XIII. 181 to 183. Matters Pending the Suit. CHAPTER XIV. 184 to 190. Amendment of Pleadings, CHAPTER XV. 191 to 197. Demurrer. civil procedure. fV. of 1878.] 727^ CHAPTER II. 728 [V. OF 1878.] CIVIL PEOCEDUBE. CHAPTER XVI. Sections. 1&8 to 209. Default of Pleading. CHAPTER XVII. 210 to 212. Payment in Satisfaction. CHAPTER XVIII. 213 to 215. Discontinuance. CHAPTER XIX. 216 to 221. Questions of Law. CHAPTER XX. 222 to 239. Evidence. PART IV. INTERLOCUTORY PROCEEDINGS. CHAPTER XXL 240 to 272. Petition, Summons, and Motions. Heaeing of Petitions, Motions, Summonses, &ic. Order to show Cause. Summons before Registrar. CHAPTER XXII. 273 to 279. Change of Parties by Marriage, Death, &c. CHAPTER XXIII. 280 to 287. Interrogatories. CHAPTER XXIV. 288 to 299. Discovery and Inspection. CHAPTER XXV. 301 to 307. Interim Preservation of Property, &c. CHAPTER XXVI. 308 to 312. Interpleader and Trustees and Relief of Trustees. PART V. THE TRIAL OF CAUSES. CHAPTER XXVIL 313 to 334. Trials. CHAPTER XXVIII. S35 to 339. New Trial. CIVIL PROCEDUIIE. [V. OF 1878.] 729 CHAPTER XXIX. Sections. 340 to 352. Of Judgments in General. PART VI. EXECUTION. CHAPTER XXX. 353 to 363. General Rules. CHAPTER XXXI. 364 to 379. Decrees for Payment of Monet. Execution against Lands. Interpleader. CHAPTER XXXII. 380 to 382. Execution of Decrees other than for Payment OF Money. CHAPTER XXXIII. 383 to 3.91. Disobedience to a Decree, Attachment, Seques- tration. CHAPTER XXXIV. 392 to 406. Examination of Judgment-Debtors. CHAPTER XXXV. 407 to 421. Garnishment. CHAPTER XXXVI. 422 to 423. Defendant Absconding or Removing Property. CHAPTER XXXVII. 424 to 426. Enforcement of Orders of Court. PART VII. MISCELLANEOUS PROVISIONS. CHAPTER XXXVm. 427 to 439. Recovery of Tenements between Landlord and Tenant. CHAPTER XXXIX. 440 to 458. Arbitration. CHAPTER XL. 459 to 462. Suits in Forma Pauperis. 730 [V. OF 1878.] CIVIL PEOCEDDEE. Seotioks. 463 to 465. Costs. CHAPTER XLI. CHAPTER XLII. 466 to 469. Change of Solicitoe. CHAPTER XLIII. 470 to 493. Peobate and Administeation. CHAPTER XLIY. 494 to 500. Settled Estates, Leases and Sales. Preamble. 38 & 39 Viet, c. 77, An Ordinance to Amend the Law relating to Civil Proce- dure.* [1st January, 1879.] WILLIAM C. F. ROBINSON, Governor and Commander-in-Chief. Wheeeas it is expedient to extend to this Colony certain of the Rules and Orders, for the improvement of the Law of Civil Pro- cedure, contained in the Schedules to the Imperial Judicature Act, 1875, and otherwise to amend the Law relating to Civil Procedure ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Short Title. Proeeedings pending. Ord. IV. of 1878. PART I. PRELIMINARY. CHAPTER I. Inteoductoey. 1. This Ordinance may be cited as " The Civil Procedure Ordi- nance, 1878 " ; and shall come into operation at such time as the Governor may, by Order in Council,t direct. 2. Any action, suit, or other matter pending at the time of the coming into operation of this Ordinance shall, so far as circum- stances permit, be continued and proceeded with to final judgment and execution, under the provisions of this Ordinance, and of the Civil Law Ordinance, 1878, in the same manner in every respect, * The amendments in sections 18, 19, 20, 23, 29, and 471 were effected by the Stamp Ordinance, 1885 (Ordinance X. of 1885). Section 363 was repealed by the Interest on Judgment Debts Ordinance, 1884 (Ordinance II. of 1884). The other amendments in this Ordinance were effected by the Civil Procedure Ordinance, ] 880 (Ordinance VIII. of 1880). t For Order in Council, see Government Gazette of December 13, 1878, p. 1320. CIVIL PROCEDURE, [V. OF 1878.] 731 as if the same had been originally instituted after the commence- ment of this Ordinance ; and the Court may make all such special orders in any such action, suit, or other matter as may be necessary for that purpose. Provided always that the Court may, on reasonable cause being Court may shewn, direct that any such action, suit, or matter, commenced ^'''ect- before the coming into operation of this Ordinance, shall be con- tinued as if this Ordinance, and the Civil Law Ordinance, 1878, Ord. IV. of had not passed, up to execution or to final judgment, or to any i878. stage of the action, suit, or matter which the Court may direct ; after which stage the provisions of this Ordinance, and of the Civil La\^ Ordinance, 1878, shall be applicable. 3. Where no other provision is made by this Ordinance the Special orders present procedure and practice shall be in force, and, in all cases y;sfjn.°° ^'^°" not provided for, by this Ordinance or by any law in force for the time being, the Court shall make such special orders and directions, as near as may be in accordance with the procedure in use in the High Court of Judicature in England, as may seem fit to meet the justice of the case. 4. Nothing in this Ordinance shall be held to repeal by impli- No repeal by cation " or otherwise any of the provisions of the Crown Suits ""^ 'oation. Ordinance, 1876, nor any rules of Civil Procedure contained in any ^^^^ ^^- °* special law. 5. Nothing in this Ordinance contained shall be held to afiect Viee- the practice and procedure in the Vice- Admiralty Court. Admiralty. Interpretation. 6. Unless there is anything in the subject or context repugnant Interpretation thereto, in the construction of this Ordinance, and of the Civil Law ''^^^s^- Ordinance, 1878, and of any Ordinance, or Eules and Orders of the Ord. I v. of Supreme Court, now in force or hereafter to be in force, relating ^*^^- to the Civil Procedure of the Supreme Court, where not otherwise provided, the several words hereinafter mentioned, shall have or include the meanings following : — " The Court " shall mean the Court or a Judge. "The Court of Appeal" shall mean the Supreme Court, in its appellate Jurisdiction. " Statute " shall mean any Imperial or Indian Act, or any Colonial Act or Ordinance, in force in the Colony, and shall include all Rules and Orders of Court made under any such Act or Ordinance. " Proper officer " shall, unless and until any rule to the con- trary is made, mean an officer to be ascertained as follows ; — (a.) Where any duty to be discharged under this Ordinance is a duty which has heretofore been discharged by any officer, such officer shall continue to be the proper officer to discharge the same : 732 [V. OF 1878.] CIVIL PROCEDURE. 38 & 39 Vict. c. 77. Synonymous terms. (b.) Where any new duty is under this Ordinance to be dis- charged, the proper officer to discharge the same shall be such oflBcer, having previously discharged analogous duties, as may from time to time be directed by the Court to discharge the same. "Sheriff" shall include any officer duly authorized to serve writs and other documents, and to execute the process of the Court. " Service " shall include substituted service, or any other mode of service. " Sealing " shall include stamping. " Decree-holder " and " Judgment creditor " shall include the person entitled to enforce a decree or order. " Judgment debtor " shall include the person against whom any decree or order may be enforced. Eules and Orders of Court, shall include Forms. " Party " shall include every person served with notice of or attending any proceeding, although not named in the record. " Prescribed form " shall mean the Forms contained in the Schedule to this Ordinance, and in the Schedules to the Imperial Supreme Court of Judicature Act, 1875, and in any Eules and Orders made under the said Act, where applicable ; and, where no form is provided in the said Schedules or Rules and Orders, shall mean the forms now in use, altered so far as may be necessary to make them applicable for the purpose, or any forms authorised by the Court from time to time. 7. The following shall be deemed synonymous terms respec- tively : — " Cause, action, and suit." " Order and Eule." " Judgment and Decree." " Attorney and Solicitor." " Trial and Hearing." " Statement of claim and Statement of complaint." Enlargement of time for doing any act. 57/6. CHAPTEE II. General Eules. Time. 8. The Court has full power to enlarge or abridge the time, appointed by this Ordinance, or fixed by any Eules and Orders of the Court, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require ; 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. civil proceduee. [v. of 1878.] 733 Amendment. 9. The Court has full power to order or allow any amend- General ment of any -writ, petition, motion paper, aflBdavit, pleading, notice, P°^ers of or other document whatsoever, at any time, and on such terms as ""'^27/6. justice requires. Adjournment. 10. The Court has full power to defer or adjourn the hearing or General determination of any suit, matter, proceeding, or application, for powers of such time, and on such terms, as justice requires. 36/21. 53/G. Consent of Parties. 11. The parties to any proceeding, may, by consent in writing, Consent of abridge or enlarge the time allowed or prescribed by this Ordinance, Parties. or by any Rules and Orders of the Court, for the doing of anything, and may, with the like consent to be filed in the Registrar's Office, make amendments, and defer or adjourn proceedings, and do all other acts which, by this Ordinance or otherwise, may be done by leave of the Court, in any case, unless where, in any particular instance, the Court orders otherwise. llA. Ike consent referred to in section H, as required to be Consents iww filed in the Registrar's office, shall be entitled in the cause, and the "^"■^^• subject matter of the consent shall be written on the paper, and signed by the parties consenting, or by their Solicitors. Unless where, in any particula/r instance, the Court otherwise orders, con- sents may be filed by the parties themselves, without any application to the Court, in all cases in which, by this Ordinance, any act may be done by leave of the Court. Non-compliance with Ordinance. 12. Non-compliance with any of the provisions of this Ordi- Non-compii- nance shall not render the proceedings in any suit or matter void, ^'»<=e with unless the Court shall so direct; but such proceedings shall be jq"^^™^"^"""* amended, or otherwise dealt with, in such manner and upon such proceedings terms, as the Court shall think fit, so as to secure substantial iustice ^°'^ unless so , ,1 ., " ordered. to the suitors. 59 Notices. 13. In all cases in which notice is required to be given, the same Notices to be shall be in writing ; and in all cases in which the publication of in writing. any notice is required, the same may be made by advertisement The "Gazette." in the Government Gazette, and one local newspaper if any, unless otherwise provided in any particular case by or by order of the Court. Forms. 14. The forms contained in the Schedule to this Ordinance, and Forms in in anv of the Schedules to the Imperial Supreme Court of Judica- f|''^"l"'%. ture Act, 1875, and in any Rules and Orders framed or to be c. 77. ^ 734 [V. OF 1878.] oiviL procedure. framed under that Act, with such variations and additions as cir- cumstances require, may be used for the purpose of carrying out the provisions of this Ordinance, and shall, as regards the form thereof, be valid and sufficient ; and, if no such forms shall be found applicable, then such other similarly concise forms may be used as the nature of the case may require. Offices of the Court. When to be 15. The several Offices of the Supreme Court shall be open, on closed. every day in the year except Sundays, Good Friday, Christmas of fast°&c. ^^^ ^^y *^^ *^® ^^'^ following days, and all days authorized by the 61/4. Government as general holidays, and all days appointed by Procla- mation to be observed as days of general fast, humiliation or, thanksgiving. Special Duties of Kegistrars. Judicial duties 16. It shall be lawful for the Registrar at each Settlement, when- of Registrar gygp there is no Judge of the Court present in the Settlement in Judges. ''^^ execution of the duties of his Office of Judge, to make all such Orders as may be necessary, for the following purposes, 1. for arrest before and after judgment ; 2. for the protection, management and custody of property the subject matter of, or in dispute in, any proceeding before the Court ; 3. for granting mandamus or injunction or appointing a receiver, under Chapter XXV, or otherwise, when the Court can exercise such jurisdiction by interlocutory order ; 4. upon Interpleader summons under Sections 308 and 379 [hereof]* ; 5. for Arbitration by consent of parties ; 6. for Commissions to take evidence in the Colony ; 7. for amending pleadings and all documents of procedure by consent, or where such amendments may be made by the Court ex parte ; 8. for giving time in pleading ; 9. for giving leave to appear and defend in suits where the leave of the Court is required ; 10. for requiring security for costs ; 11. for substituted service of process ; 12. for bringing up persons wrongfully detained in custody, otherwise than by virtue of any process of Law, and carrying out all suitable consequent directions thereon ; 13. for granting in uncontested cases probates and letters of administration for one Settlement, or for two Settlements, or for the whole Colony ;t 14. for committing persons to prison under Section 393 • * " Thereof " in original. f See the Stamp Ordinance, 1885 (Ordinance X. of 1885), s. 21. CIVIL PROCEDURE. [V. OF 1878.] 735 15. for granting leave to sue or defend in the Supreme Court in form^ pauperis ; 16. for setting aside, on cause shewn, judgments entered up by default ; with power to the said Registrars to alter, vary, and discharge any such orders made by them, on due occasion therefor appearing. 17. Any person feeling aggrieved by any order so made by a Appeals from Registrar may, within one month from the day when it was made, ^e^^strars appeal by motion to the Court at the Settlement where the Regis- trar who made it acts ; and the petitions, aiSdavits and other documents in the case shall, with all convenient despatch, be transmitted by the Registrar to the Judge, who shall deal with the same as justice may require, on hearing the parties in a summary way. CHAPTER III. Advocates and Solicitors. Admission, &c. 18. Every person ad/mitted as an Advocate and Solicitor of the Admission of Supreme Court shall pay on his admission a duty of fifty dollars, advocates, and every person admitted as a Conveyancer shall pay on HyanZrir^c: his admission a duty of twenty-five dollars which duties are to he 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 ad/mitted. If any person whose o^ce it is to prepare or deliver out any instrument of ad/mission chargeable with duty neglects or refuses within one month after the ad/rrdssion to pre'pare a duly stamped instrwment of admission he shall forfeit to Her Majesty the sum of fifty dollars. Certificates. 19. Every person admitted as an Advocate and Solicitor and Solicitors and practising as a Solicitor and every person admitted and prac- conveyancers tising as a Conveyancer shall yearly and every year before he does ^annual ""'- any act in the cojpacity of a Solicitor or Conveyancer deliver to the tificates. Registrar of the Court at the Settlement i/n which he so practises a note in writing stating his full name and the place where he carries on his business and thereupon and upon payment of the proper dMy shall he entitled to a certificaie a/uuthorising him to practise. 20. Such certificate shall be issued by the Registrar and shall Certificates he dated and to eoopire at the times hereinafter in that behalf *" ^^ ^^^^'^ mentioned that is to sa,y it is to he dated if taken out between the ReqL 3ist of December and the ist of February on the M of Ja/rvwa/ry, and if taken out at any other time on the day on which it is issued and in all cases is to expire on the 3ist of December. trar. 733 [V. OF 1878.] CIVIL PEOCBDURE. Clerk may petition for preliminary examination. Clerk with qualification. Proviso. Authority to appear. Saving clause. Ord. V. of 1873. Advocates' Cleeks. 21. Any Clerk, who shall have been for three years, and shall then be, in actual service in the office of any Advocate and Solicitor, may, from time to time, petition the Court for liberty to be ex- amined as to his fitness and capacity to appear and act in all or any of the following cases; that is to say before any Coroners, Justices of the Peace, Magistrates, and Commissioners of the Courts of Requests, and before any Judge of the Supreme Court in Chambers ; and the Court may make an order, appointing such persons as the Court may select, to examine him in that behalf, and to inquire as to his character, by such ways and means as such examiners may think proper, or as the Court may direct ; and to report thereupon ; and the Court on such report may admit, or decline to admit, any such clerk to act, and to appear, in all or any of the said cases, or may make any other order. Provided that any person, in such actual service as aforesaid, qualified to be admitted as an Advocate and Solicitor of the Court, but not desirous of being so admitted, may, upon appli- cation and without such examination, be admitted to appear and act as above. Provided also that any such admission may at any time be can- celled by the Court at pleasure. Any clerk so admitted may appear and act, in any part of the Colony, for the Advocate and Solicitor only, in whose office he may be serving at the time, upon a written authority so to do, either generally or in any special instance. 22. Any persons acting under Section 33 of the Courts Ordi- nance, 1873, at the time of the coming into operation of this Ordinance, may continue to act under this Ordinance. Conveyancers inaj' he enroUert Ord. III. of 1878. Conveyancers. 23. It shall also be lawful for the Supreme Court, subject to such Rules as may be made under Section 81, of the Courts Ordinance, 1878, to admit and enrol as Conveyancers at any Settlement, any person or persons who shall, upon examination as to character and competency by such persons as the Court shall appoint, be approved of as competent and fit to act as Conveyancers at the Settlement. Yearly Certi- ficate to practice, how issued. 24. Every Conveyancer so admitted, so long as his name remains on the Roll of Conveyancers, shall, within the first seven days of every year, take out a Certificate to practice as a Conveyancer at the Settlement for which he applies. Such Certificate shall be issued by the Registrar or Deputy Re- gistrar, at the Settlement in which the Conveyancer ordinarily resides and practises, on application by him for that purpose ; and shall have affixed to it a Judicial Stamp of the value of ten dollars to be paid by the Conveyancer. Civil procedure. [V. of 1878.] 737 Such Certificate shall authorize the person named therein to Practice practice as a Conveyancer at the Settlement named in the Certificate limited. only. Exclusive Privileges. 25. Any person, other than the Advocates and Solicitors of No person to the Supreme Court enrolled as such, who shall act as an Advocate ^l ^^ Advo- and Solicitor, Counsel, Solicitor, Attorney, Proctor, Law Agent or Solicitor, &e., Agent for Suitors, or who shall sue out any writ or process, or com- unless mence, carry on, solicit or defend any action, suit or other proceeding, g^™jjp^'^ ^°* in the name of any other person or in his own name, in any of the Courts of the Colony, contrary to the provisions of this Ordinance, shall he deemed to be guilty of a contempt of the Court in which the action, suit, cause, matter or proceeding in relation to which he so acts, is brought, had or taken, and may be punished accordingly ; and shall be incapa,ble of maintaining any action or suit for any fee or Penalty. reward, for or in respect of anything done or any disbursement made by him in the course of so acting, and shall in addition to any penalty or forfeiture, and to any disability to which he may be sub- ject, forfeit and pay for every such offence a sum not exceeding two hundred and fifty dollars. 26. Every person, other than an Advocate and Solicitor of the Ditto as con- Supreme Court enrolled as such, or a Conveyancer enrolled in the &^o^*uniess Supreme Court as such, at any Settlement, who, for or in expec- enrolled, tation of anj' fee, gain or reward, shall act as a Conveyancer, or legal adviser, or directly or indirectly draw or prepare any Con- veyance of, or deed relating to, any real or personal estate, or any proceedings in law or equity, shall forfeit and pay for every such Penalty. offence a sum not exceeding two hundred and fifty dollars. 27. Penalties under Sections 25 and 26 may be sued for and How recovered by any person, in a qui tam action in the Supreme Court. ■'*''°^^^«'^- EXGEPTIOKS. 28. Nothing contained in Sections 25 and 26 shall be held to Proviso apply to persons solely employed to engross deeds, instruments or ^°^ certain other proceedings, not drawn or prep.ared by themselves and for ^^'^^^ '°"^' their own account respectively ; nor to public officers drawing or preparing official instruments applicable to their respective offices, and in the course of their official duty ; nor to persons drawing or preparing, without fee or reward, any simple contract not relating to lands or to any interest in lands, or any letter of attorney, or any will or other testamentary paper. 29. Every person who acts or practises as a Solicitor or Penalty fo: Conveyancer without being duly qualijied so to act shall forfeit to ^^^f^^^^ Her Majesty the sum of two hundred and fifty dollars and no certificate, costs fee reward or disbursement on account of or in relation to any act or proceeding done or taken by any person who acts as a Solicitor or Conveyancer without being duly qualified so to act shall be recoverable in any action suit or matter by any person or persons whomsoever. 738 [V. OF 1878.] CIVIL PEOCEDURE. Any person in whose name either alone or together with any other 'person any proceeding is taken in any Cov/rt shall unless the proceeding is set aside by the Court as irregular or unless the contrary is otherwise satisfactorily proved he deemed to have acted in such proceeding. For the purposes of this section a person shall be deemed to be duly qualified to act as a Solicitor or Conveyancer as the case may he %f he has in force at the time at which he acts ^ as a Solicitor or Conveyancer a duly stamped certificate authorising him so to do pursuant to the provisions of the Stamp Laws; provided that it shall he lawful for Her Majesty's Attorney- General or Solicitor-General for the Colony or any person appointed to act for any such Law Officer to act as a Solicitor' or Conveyancer for the Crown without tahi/ng out such certificate. PART II. OF THE INSTITUTION OF SUITS. CHAPTER IV. Summons. Uniformity of Proceduee. At Common gQ^ ^ actions and suits heretofore classed as actions at Common Equity. Law, and suits in Equity, and hereafter to be called Suits, shall, 1/1. except as provided in the next Section for Small Causes, be in- stituted and prosecuted in the Supreme Court, by the mode and form of proceeding hereinafter provided ; and all other proceedings shall be taken and made by petition, motion or summons ; or, if the Court shall in any case so permit, by summary application, without previous formality. 31. /. All suits in which the plaintiff seeks to recover an ascer- tained sum, whether in the nature of debt or otherwise; or damages for breach of contract ; or in which the plaintiff seeks to recover specific chattel^, or damages for their detention; or damages for wrongful conversion of chattels; or damages for trespass to the person or property ; shall, where the su/m, claimed, or the value of the property the subject matter of the suit, is in excess of the ordinary jurisdiction of the Court of Requests, and does not exceed five hundred dollars, he called "Small Causes," amd shall be entered in a separate book, to he called the " Small Cause Book;" and shall he commenced by a writ of sum^mons, and he dealt with summarily by the Court, subject to the rules in this and the following sections 3iA to 31i. Writ of Summons, returnable in Eigst Days. Form 30. //. The writ of sunvmons, which may be in the form No. 50 in the schedule, shall he specially indorsed with the particulars of the amount or amounts, or redress, claimed, setting out shortly the ground or grounds on which each clajvm, or set of claims, is CIVIL PEOCEDUKE. [V. OF 1878.] 789 founded, amd giving credit for any payment, or set-off, and with a sum for costs. HI. The writ of sv/mmons shall command the defendant to enter an abearance to the suit, within eight days from the day of service, or within such other or shorter time as the Court may order, under section 3 in, or under the next succeeding clause. IV. The provisions of section 86 and of Chapter V. of the said Ordinance* shall, subject to the rules in this section, be applicable to writs issued umder this section. Non-appearance. V. If the defendant does not appear according to the exigency of the writ, the plaintiff may, on filing an affidavit of servic-e of the writ of swrmnons, enter up final judgment, on the writ of sum/mons, for the amount claimed, with a sum for costs ; and may forthwith take out execution. Appearance. VI. If the defendant appears to the writ of summons, he shall be asked by the proper officer if he ad/mits the clouvm, in whole or in part, and what part ; or if he disputes the clai/m, in whole or in'part, cmd wishes to go to trial. Admissions. VII. If the defendant admits the plaintiff's claim, in whole or ^'"'"^ ^''■ in part, the proper officer, or, if the defendant appears by Solicitor, his Solicitor, shall forthwith give notice of the same to the plaintiff, who thereon may enter up fi/nal judgment for so m,uch as is ad/mitted, or for the whole, or so m,uch of the claim as the defendant rruhy say he does not dispute, or does not wish to go to trial on ; and the plaintiff may take out execution thereon, with such sum as the proper officer may allow for costs ; or, if the proper officer requires a bill of costs to be drawn and taxed, for so m,uch as may be allowed for costs on taxation. VIII. If the amount claimed {or any part thereof) as to which the defendant admits, or does not dispute, his liability, is not a liquidated amount, the plaintiff may enter interlocutory judgment as to the same, and set the comse down for assessment of damages, on afov/r days' notice to the defendant. IX. If there are Uqwidated and unliquidated demands admitted by the defendant in the same suit, the plaintiff may enter up jmal judgment, and take execution thereon as to the liquidated demcmds ; and enter up interlocutory judgment, and give a four days' notice of o,ssessment of damages as to the unliquidated demcmds. Go UNTER- CLAIMS. X. The defendant may enter on the writ of summons any countet -claimj he may wish to prosecute against the plaintiff ; and * This Ordinance. 3A 2 740 [V. OF 1878.] CIVIL PROCEDURE. the proper officer, or, if the defendant appears by Solicitor, his Solicitor, shall forthwith give notice thereof to the plaintiff. Disputed Claims. XI. If the defendant disputes the plaintiffs claim, in whole or in part, and states that he wishes to go to trial on the whole or fart disputed, the proper officer shall ask on what grounds the defendant disputes the claim ; the defendant shall thereon fully state the grownds on which he disputes the several claims of the plaintiff ; and the proper officer shall enter the substance thereof on the writ, together with any counter-claim the defendant may have charged and TKMy wish to prosecute against the plaintiff; and the defen- dant, or, if the defendant appears by a Solicitor, his Solicitor, shall forthwith give notice thereof to the plaintiff. If the defendant shall not fully state the grounds on which he disputes the plaintiff's several claims to the satisfaction of the proper officer, the appearance nfiay be annulled, and the plaintiff vnay proceed as if no appearance was entered. Appearance to Counter-claim. XII. When a counter-claim is entered by the defendant on the writ of sumonons, and notice thereof given to the plaintiff, the plaintiff' shall appear, within four days, and admit or dispute the counter-claim, stating the grounds on which he disputes, as in the 'last preceding clause, and his statem.ents shall be entered on the writ "by the proper officer. If the plaintiff does not dispute, in whole or i/n part, the counter- claim, as above prescribed, the counter-claim, or so much thereof as is not disputed, shall be taken as admitted. Amendments. XIII. The plaintiff, at any time before appearance by the defendant, may alter, add to, take away from, or generally amend the indorsements of claim on the writ of summons. On any such amendment being made, the plaintiff shall forthwith give notice thereof to the defenda/iit, who shall have eight days, from, the day of service of notice of any such amendment, to appear to the a/mended "writ of summons. XIV. Either party may apply ex parte at any time, before trial, for leave to amend the indorsements of claim,, or statements of defence, or statements of, or defences against, counter-claims entered on the writ of summons ; and the Court may allow such' amendments on such terms as to delay, notice, costs, or otherwise as to the Court may seem just ; and the Court, in any case in which it thinks fit, may require notice to he served on the other party before making any order. Notice of Trial. XV. The plaintiff, at any time after the appearance of the defendant in disputed cases, may set the cause down for trial, and CIVIL PEOCEDUEE, [V. OF 1878.] 741 may give a ten days' notice of trial to the defendant, for the next available or any subsequent sittings of the Court for the trial of Small Causes. If the plai/ntiff does not set down the cause for trial within one month from the date of appearance, or from, ike date of notice to the plaintiff of any counter-claim, the defendant may then give ten days' notice of trial to th/' plaintiff, and set the cause down for trial, at the next available, or any subsequent, sitting of the Court for the t'}'ial of Sm/xll Causes. Pleadings not allowed. XVI. No statement of claim,, or other pleadings, shall be required or allowed, except as is provided in section SiG, and the parties shall go to trial on the writ of summons with the indorsements amd notices thereon alone, at the tirnie fixed for trial. Further Particulars. XVI I. If it should appear, at or before the trial, that the parti- culars of Qlavm or counter-claim are not sufficiently set out in the indorsement on a writ of summons, the Court may direct other and further particulars to be given ; and may postpone the hearing of the case, on such terms as to costs, delay and otherwise as may seem just ; and, in any such case, if the party ordered to give further or better particulars has refused, by hi/mself or his Solici- tor, on the application of the other party, to hi/m or his Solicitor, to gi/ve such particulars, he shall be ordered to pay all costs and expenses incurred by the other party m consequence of the refusal. Where Plaintiff absent at Trial. XVIII. If the plaintiff does not appear at the trial, the suit may be dismissed, or postponed, at the discretion of the Court subject to such order as to costs, or othe^^ise, as the Court may thvnk just. Judgment on Defendant's Counter-claim. XIX. If the defendant appears at the trial, but the plaintiff does not appear, and the defendant has a counter-claim, indorsed on the writ of summons, and notice given to the plaintiff, he may proceed, on proof of the notice, to prove his case, and shall have' such judgment against the plaintiff, as the justice of the case may require. When Defendant does not appear, XX. If the defendant does not appear at the trial, on the appearance of the plaintiff) and, on proof of the service on the defendant of notice of trial, or, if under section 3iA, on proof that the day of trial was fixed, in the presence of, or to the knowledge of, the defendant, or his Solicitor, by order of the Court, the Court 742 [V. OF 1878.] civil procedure. may hear the case ; and if the plaintiff rnakes out his claim or claims, or part thereof, to the satisfaction of the Oourt, judgment shall he entered up for the amount allowed by the Court, with costs ; unless, for any reason, the Court should decide that costs are not to he allowed. Saving Clause. XXI. If it appear to the Court at the trial that the defendant has a defence to the plaintiff^s claim, or that the plaintiff has a defence to the defendant's counter-claim, not entered on the writ of summons, as required hy clause XI or XII, the Court Tnay, if it appear that the omission to state the defence arose through mis- take or ignorance, or otherwise without wilful default, admit the defence, on such terms as to delay, costs and otherwise as to the Court may seeiri, just ; or, in the case of a counter-claim so omitted, the Court, if it think fit, may direct the defendant to bring a separate suit for the same. When and how Issues drawn. XXII. If it appears to the Court, at any stage of the suit, that the issues between the parties should be reduced to writing, the Court shall, on its own motion, or on the application of the parties, or either of them, declare the issues, and direct the proper officer to enter the same on the writ of summons by way of further indorse- ment, and the cause shall proceed, either at once, or after such delay, as to the Court may seem, fit. Judgments in absence of Parties set aside. XXIII. Any judgment entered for the plaintiff, in the absence of the defendant, or for the defendant on covmter-clavm, or other- wise, in the absence of the plaintiff, may be set aside, and a new trial ordered by the Court, at any time, on the application of the defendant, or plaintiff, on reasonable cause being shown, and on such terms as to costs, payment into Court, or otherwise, as the Court may think fit. Summary Weits for Debts and Liquidated Demands. 31a. I. If the plaintiff's claim in a Small Cause suit is to recover a debt or liquidated demand, as described vn section 90, he m,ay, without affidavit, call on the defendant, by notice on the writ of summons, in the form in schedule 60, to show cause, by affidavit or orally, before the Court or in Chambers, within eight days from the service of the writ of summons, why the plaintiff should not be at liberty to enter up final judgment for the amount indorsed on the writ of summons, together with interest, if any, and costs. II. The Court may thereupon, unless the defendant satisfy the Cowrt, hy affidavit or orally as above prescribed, that he has a good defence to the suit on the merits, or disclose such facts as may CIVIL PROCEDURE. [V. OF 1878.] 743 be deemed sufficient to entitle him to defend, Tnake an order, on its own motion, or on the application of the plaimtiff, empowering the plaintif to enter judgment accordingly. III. The provisions of sections 95 to 98, both inclusive, shall be applicable to proceedings under this section, but the defendant as herei/n-before provided may show cause orally under section 95. IV. If the defendant does not appear to show cause, the plaintiff niay enter up judgment, and take out execution for the amoumt indorsed on the writ of summons. V. The notice to show cause under this section, shall be printed in red ink on the bach of the writ of summ,ons. VI. If leave to defend is given by the Court, under this clause, the trial shall proceed on such notice, or at such time, as the Court may then, or at any later tim,e, order. VII. The trial shall be had as provided under clauses X VIII to XX of section 3i, as the case m,ay require. Solicitors. 31b. The rules in sections 3i and 3iA are applicable whether a plaintiff or defendant acts or af pears personally or by Solicitor ; cmd what is required or authorised to be done by a plaintiff or defendant shall .and may be done for him by his Solicitor. Proper Officer to assist Suitors. 31c. When parties are not represented by Solicitors, the proper officer shall draw such papers as Tnay be necessary for the purpose of enabU/ng suitors to proceed under amy of the clauses of sections 3i and 3iA, and shall charge therefor the fees set out in schedule 54, or such other fees at a higher or lower rate as the Court may Ord. III. of direct, from Ume to time, by any Order of Court, made or to be '^ * made, under section 8i of the Courts OrdA/nance, ^878. Shorter Dates for Return of Writs of Summons. 31d. On special cause being shown therefor, the Cowrt may, on an ex parte application, verbally or in writing, made in open Court, or in Chamhers, order that writs of sumrnons under sections 3i, or 3iA, Tnay be made returnable at shorter dates them those Tia/med in the sections. When Cause mat be dismissed. 31e. If a suit, entered under sections 3i,or 3iA, is not proceeded with to trial before the expiry of six months from the return of the writ of swmmons as served, the suit shall be dismissed, unless the Court orders otherwise. Rules of Procedure. 31f. The Court, at any Settlement, may, from time to time, make such orders, either generally or for the special occaaion, as may be 744. [V. OF 1878.] CIVIL PROCEDURE. considered necessary for conducting Small Cause suits, and foi^ simiplifying the practice of the Court, in all matters relating to the conduct of such suits. Transfer of Small Suits. 3lG. If it shall appear to the Court during the progress of, or before the commencement of, any suit in which the sum in dispute, or the value of the property the subject matter of the suit, does not exceed five hundred dollars, that, from, the nature or difficulty of the questions of law or fact to be raised in the suit, regular pleadings should be filed ; or if both or all parties require that pleadings shall be filed ; the Court, on the application of either or both the parties to the suit, or of its own motion, may, if it think Jit, order that pleadings shall be filed ; and thereupon, the suit shall be struck out of the Small Cause Book, if already entered, and entered in the General Cause Book, and proceeded with as an ordimary suit under the Civil Procedure Ordinance. Every order so made shall be subject to such directions, as to the Court may seem, just, for costs or otherwise ; and the Court may, if the circumstances of the case seem to require it, direct the proper officer to draw any pleadings required for any party not repre- sented by a Solicitor. Weekly Trials. 3lH. The Court shall be opened at least one day in each week for trials of Small Causes, except when engaged on Criminal business, or when there is no Judge available for such sitting. Indorsements on Writs. 31i. Indorsements and entries to be made on writs of summons may, if there is not room on the writ, be written on separate papers to be attached to the writ, to be marked in such manner as the proper officer may deem fit. Every such separate paper shall be considered to be an indorsement, or part indorsement, on the writ to which it refers. Suit in Court of Requests removed into Supreme Court ; before, or after com- mencement. Certificate of Commissioner. Order to remover Court of Requests. 32. If it be made to appear to the Supreme Court, on the application by summons of any party to a suit, which is within the ordinary Jurisdiction of the Courts of Bequest, that the suit, by reason of its involving points of law or for any other reason, is one which should be tried in the Supreme Court, the Court may, if before the cause is instituted, allow the same to be instituted in the Supreme Court or, if the same has already been commenced in the Court of Requests, may on a statement in writing being sent to the Supreme Court, by the Commissioner of the Court of Requests engaged in trying the case, that he considers it a fit case for trial in the Supreme Court, direct it to be removed into the Supreme Court, where the same shall be dealt with under the CrVIL PKOCEDUBE. [V. OF 1878.] 745 provisions of the last preceding Section, or under the general pro- visions of this Ordinance as the Court may direct. If the Commissioner of a Court of Bequests shall refuse to grant Order where a any such certificate the party may apply to the Supreme Court by Commissioner petition to remove the case; and, if the Court be satisfied that the Certificate. case should be tried in the Supreme Court, an order may be made for transferring the case from the Court of Requests to the Supreme Court, where it shall be dealt with as above prescribed. Peobate and Bankruptcy. 33. The law of procedure relating to matters of Probate of Probate and Wills, and to the Administration of Estates of deceased persons, Bankruptcy and to Bankruptcy, in force at the coming into operation of this Ordinance, except in so far as the same may be expressly altered by this Ordinance, and by the Civil Law Ordinance, 1878, shall remain Ord. IV. of and be in force, until altered or annulled by any Ordinance, or by ^®^^' any Rules and Orders of Court to be passed or made after the coming into operation of this Ordinance. Cause Book. 34. The Registrar in each Settlement shall keep, in such forvi Registration oj as the Court may direct, two hooks, to he called the " Cause Book" *"«''• and the " Small Cause Book." vn which all suits instituted i/n the Settlement shall, according to their class, he entered, and numhered consecutively in ea^h year, according to the order in which the sarfie shall be commenced ; and such particulars of each suit, and of the steps and proceedmigs therei/m, shall he entered in such hooks, and in such manner, as the Court may from time to time order, or as rnay be prescribed by Rules of Court. All docv/ments filed in a cause shall have marked thereon the How marked, date ofjfiUng, and the serial numhir of the cause. Writ of Summons. 35. Every suit in the Supreme Court, shall be commenced by a Suits to be writ of summons in the prescribed form. The writ shall bear date commenced on the day on which the same shall be issued, and shall be tested in s^,^ons the name of the Chief Justice, or, in case the office of Chief Justice 2/1, 8. shall be vacant, in the name of one of the puisne Judges. ^f""™ ^• 36. The writ shall be prepared by the plaintiff or his solicitor, By whom to and shall specify : — ■ l^e prepared, and par- (1.) The name, place of residence or business, and occupation of tioulars to be the plaintiff, if he sues in person, and also, if his place of residence specified. or place of business shall be more than two miles from the Court- 4/1 "2 house, another proper place, to be called his address for service, which shall not be more than two miles from the Court-house, where writs, notices, petitions, 'orders, summonses, warrants, and other documents, proceedings, and written communications may be left for him. 746 [V. OF 1878.] civile PKOCEDUEE. Indorsement of claim. 3/2. Amendment thereof. Form 3. (2.) The name and address of the plaintiff's solicitor, unless the plaintiff sues in person, with an address for service not more than two miles from the Court-house. (3.) The name, address, and occupation of the defendant, so far as they can be ascertained. 37. The writ shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required ; but it shall not be essential to set forth the precise ground of complaint, or the precise remedy or relief to which the plaintiff considers himself entitled ; and the plaintiff at any time by leave of the Court, and on such terms as to the Court may seem just, may alter and amend and re-serve the writ, and extend it to any other cause of action, or any additional remedy or relief. 38. The indorsement of claim may be to the effect of such of the forms in the Schedule No. 3 as shall be applicable to the case ; or, if none be found applicable, then such other similar concise form as the nature of the case may require. Suits on Bills of Exchange. Form 4. Suits on lost negotiable instruments. Costs on notice of readiness to indemnify. Representative capacity. 3/4. Form 5. Time of appearance. Bills of Exchange. 39. In suits upon bills of exchauge or promissory notes, com- menced within six months after the same shall have become due and payable, the writ of summons may be in the prescribed form. 39a. In case of any suit founded upon a hill of exchange, or other negotiable instrument, if it shall be proved to the satisfaction of the Court that the instrument is lost, and if an indemnity be given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, it shall he lawful for the Court to make such decree as it would have inade if the plaintiff had produced the instrument in Court when required. 39b. Wo person shall he entitled to the costs of a suit on a lost negotioMe instrument unless he shall, three clear days at least before the commencement of the suit, have notified to the person or persons liable to pay, his readAness to give a sufficient indemnity against the claims of all other persons on such instrument ; and shall have tendered such indemnity to the person or persons so liable, if such person expresses his willingness to pay on such in- demnity being given. General. 40. If the plaintiff sues, or the defendant or any of the de- fendants is sued, in a representative capacity, the writ shall show in what capacity, the plaintiff or defendant sues or is sued. 41. The writ shall require the defendant to enter an appearance to the suit within eight days from the day of service, or within sixteen days in case of service in another Settlement, or within such time as the Court may direct in case of service out of the jurisdiction. CIVIL PEOCEDURE. [V. OF 1878.] 747 42. Every writ of summons shall be sealed by the proper officer, Sealing and and shall thereupon be deemed to be issued. '^^"^"5/6 43. The plaintiff or his solicitor shall, on presenting any writ of Delivery of summons for sealing, leave with the officer a copy of such writ, and ^'""^ 5/7.^^' of aU the endorsements thereon, and such copy shall be signed by the solicitor leaving the same, or by the plaintiff himself if he sues in person. The officer receiving such copy shall file the same, and an entry Kling and of the filing thereof shall be made in the Cause Book. ^" ^^5/8. Eenewal of Weit. 44. No original writ of summons shall be in force for more than Writ to be in twelve months from the day of the date thereof, including the day force twelve of such date; but if any defendant therein named shall not have subject to been served therewith, the plaintiff may, before the expiration of renewal, 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 be renewed for six months from the date of such renewal, and so from time to time during the currency of the renewed writ. 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 proper officer of such renewal, and of the date thereof ; and a writ of summons so renewed shall remain in force and be available to pre- vent the operation of any statute whereby the time for the com- mencement of the suit may be limited, and for all other purposes, from the date of the issuing of the original writ of summons. 45. The production of a writ of summons purporting to be re- Proof of sealed with the seal of the Court, and showing the same to have '^^^^g'/g been renewed in manner aforesaid, shall be prim^ facie evidence of its having been so renewed, and of the commencement of the suit, as of the first date of such renewed writ for all purposes. Concurrent Writs. 46. The plaintiff in any suit may, at the time of issuing, or at When and how any time during the currency, of the original writ of summons, or '^^'^^d- any renewal thereof, issue one or more concurrent writ or writs, each concurrent writ to bear teste of the same day as the original writ, and to be marked or noted by the Registrar with the word " concurrent," and the date of issuing the concurrent writ : Pro- vided always, that such concurrent writ or writs shall only be in , force for the period during which the original writ in such suit, or any renewal thereof, shall be in force. 47. A writ for service within the jurisdiction or Settlement, may For service be issued, and marked or noted as a concurrent writ, with one for ]fithin the service out of the jurisdiction or Settlement ; and a writ for service ^th^f'""^ °^ out of the jurisdiction or Settlement, may be issued and inarked, or 6/2. 748 [V. OF 1878.] CIVIL PEOCEDUEE. noted as a concurrent writ, with one for service within the juris- diction or Settlement. Service of writ. Service by Solicitor. Expenses of stick service. indorsement of date. Sheriff to give notice of Acceptance of service. 9/1. Sebtice of Wmits of Summons. 48. The writ of summons shall he served by the Sheriff, or other officer duly authorised in that behalf, in the manner in which personal service is now made. If, for any particular reason, a suitor desires that a writ of summons should be served by a Solicitor, or person employed by him, the Registrar shall, on the amount of fee for service by the Sheriff being paid by the applicant, or on reasonable cause being shewn therefor, indorse on the writ that the writ may be served by the Solicitor, or person or persons to be employed by him, naming the person or persons. The expense incurred for service of a writ of sum,mons by a Solicitor, or person or persons employed by him, beyond the charge usually made by the Sheriff^, shall not be allowed as against the other party in taxing costs, unless the Registrar is satisfied that there was some reasonable cause, arising from the conduct of the defendn ant, requiring the writ to be specially served, but such expenses may he allowed i/n taxing bills of costs as between Solicitor and client, if and when the special service was made by the SoUcitor at the request of the client, or when the client has approved such service. The person serving a writ of summons shall, within three days at most after such service, indorse on the writ the day of the morCth a/ad week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default. Every affidavit of service of such lurit shall mention the day on which such indorsement was made. 49. When the writ is served by tlie Sheriff on the defendant, ■ and on each of them if more than one defendant, the Sheriff shall, immediately on each such service, give written notice to the plain- tiff, or his solicitor, of the fact and manner of such service. 50. No service of a wiit of summons shall be required when the defendant, by his solicitor, agrees to accept service, and enters an appearance. Solicitor's authority to appear. 7/1. DiSCLOSUBE BY SOLICITORS AND PARTNERS. 51. Every solicitor whose name shall appear on any writ of summons shall, on demand in writing made by or on behalf of any defendant, who has been served therewith or has appeared thereto, declare forthwith whether such writ has been issued by him or with his authority or privity ; and if such solicitor shall declare that the writ 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. CIVIL PROCEDUBE. [V. OF 1878.] 749 52. When a writ is sued out by partners in the name of their Names of part- firm, the plaintiffs or their solicitors shall, on demand in writing "^'^ '7/2 ™' by or on behalf of any defendant, declare forthwith the names and places of residence of all the persons constituting the firm. And if the plaintiffs or their solicitors shall fail to comply with such demand, all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court may direct. And when the names of the partners are so declared, the suit shall proceed in the same manner, and the pame consequences in all respects shall follow, as if they had been named as the plaintiffs in the writ. But all proceedings shall, nevertheless, continue in the name of the firm. CHAPTER V. Service. Service of Process. 53. Service in a civil suit may be made on'S.^^f^^^^'cept Dies non. Sundaj', Christmas Day, or Good Friday. Writs for the arrest of persons may be executed on Sundays, as Arrests. well as on all other days. 54. After the defendant has appeared to the writ of summons. Service of all further service, between the parties in a suit, may be made by documents delivering the document to be served at the place of residence or f^^l ^pp***"" address for service, within the Settlement, specified in the writ of summons or memorandum of appearance, as the case may be, or at the place of business of the solicitor, if any, acting on behalf of the party to be served. Substituted Service. 55. When service is required the writ shall, wherever it is when aUowed. practicable, be served in the manner in which personal service is ^1^- now made, but if it be made to appear to the Court that the Sheriff or plaintiff is from any cause unable to effect prompt personal service, the Court may make such order for substituted or other service, or for the substitution of notice for service, as may seem just. Notice in lieu of Service. 56. Notice in lieu of service may be ordered to be given — iTotice in lieu (1.) By advertisement in the Government Gazette, or in some °* service- newspaper circulating within the Colony or Settlement ; or, ronn%?°' (2.) By notice 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 of the person to be served, within the Settlement or within the Colony. 750 [V. OF 1878.] CIVIL PROCEDUBE. Service on corporations, &o. 9/7. On husband and wife. 9/3. Corporations. 57. When the suit is against a corporation, or a aociety or a company, authorized to sue and be sued in the name of an ojQBcer or trustees or otherwise, the document may be served by giving the same to any director, secretary or other principal officer, or by leaving it at the office, or place of business or meeting, of the cor- poration or society or company. Husband and Wife. 58. When husband and wife are both defendants to the suit, service shall be on both ; but the Court may order that the husband or wife shall be served alone, dispensing with service on the other, and such service shall be deemed good service on the other. On infants. 9/4. On lunatics. 9/5. On partners, a/e. Single partner in firm. 9/6 A. Costs of ser- vice. Infants. 59. When an infant is a defendant to the suit, service on his father or guardian, or, if none, then upon the person with whom the infant resides, or under whose care he is, shall, unless the Court otherwise order, be deemed good service on the infant ; provided that the Court may order that service made, or to be made, on the infant shall be deemed good service. Lunatics. 60. When a lunatic or person of unsound mind, not so found by inquisition, is a defendant to the suit, service on the committee of the lunatic, or on the person with whom the person of unsound mind resides, or under whose care he is, shall, unless the Court otherwise orders, be deemed good service on such defendant. Partners. 61. Where partners are sued in the name of their firm, the writ or other document shall be served, either upon any one or more partners, or at the principal place within the Settlement or Colony of the business of the partnership, upon any person having at the time of service the control or management of the partner- ship business there ; and such service shall be deemed good service upon the firm. 62. When one person carrying on business in the name of a firm, apparently consisting of more than one person, shall be sued in the firm name, the writ may be served at the principal place, within the Settlement or Colony, of the business so carried on, upon any person having, at the time of service, the control or management of the business there ; and, subject to any of the Rules of the Court, such service shall be deemed good service on the person so sued. Expenses. 63. Whenever the service of process by the Sheriff shall be attended with expense, he shall not (except by order of the Court) CIVIL PROCEDURE. [V. OF 1878.] 751 be bound to effect the same, unless the reasonable expenses thereof shall have been previously tendered to him by the party requiring such service ; and such expense shall be costs in the cause. Land. 64. Service of a writ of summons in a suit to recover land, Kecoverj of whether with or without money or other claims may, in case of ^" 'gig vacant possession, be made by posting a copy of the writ upon the door of the dwelling house, or other conspicuous part of, or on, the property. Service in another Settlement. 65. Suits against persons resident in the Colony shall ordinarily Suit at Settle- be brought at the Settlement where the defendant resides ; or, if ment of Defen- there be two or more defendants, at the Settlement, where one of them resides ; but if it be made to appear to the Court, on the Proviso. application of either party to be more convenient, in any case, to allow a suit to be brought, removed to, or continued at any Settlement, or if all parties to the suit agree, the Court may allow the suit to b6 brought, removed to, or continued at such Settle- ment. Service out of the Jurisdiction. 66. Service, out of the Colony, of a writ of summons, may I" what eases. be allowed by the Court in all cases in which the Court has ^^'^" jurisdiction. Every application for an order for leave to serve such writ on a Application defendant, out of the jurisdiction, shall be by motion and shall be ^°^ ""^fj?; supported by evidence, by affidavit or otherwise, showing in what place or country such defendant is, or probably may be found, and the grounds upon which the application is made. Any order giving leave to effect such service shall prescribe the ^^^^^ thereon. mode of service, and shall direct that the defendant is to enter an ^ appearance, within such time as the Court may direct, after such service. Writs of summons under this Section shall be in the prescribed -^°''°' ^* form. CHAPTER VI. Appearance. Where entered. 67. The defendant, subject to the provisions of this Ordinance ^'^^^ *° ^^ shall, within eight days from the day of service upon him of the ®'^*®''®'^" writ of summons, if served within the Settlement, and within sixteen days if served in any other Settlement, and within the 752 [V. OF 1878.] CIVIL PROCEDURE. How entered, 12/6, 11. Form 8. Appearance Book. Appearance by solicitor. 12/7. Appearance in person. 12/8. Informal appearance. 12/9. time allowed for appearance, if served out of the Colony, cause an appearance to the suit to be entered for him, in the Registrar's Office in the Settlement in which the writ was issued. 68. A defendant shall enter his appearance to a writ of sum- mons by delivering, or causing to be delivered, to the Registrar, a memorandum in writing, dated on the day of the delivering the same, and containing the name of the defendant's solicitor, or stating that the defendant defends in person, and the Registrar shall forth- with file the appearance. The particulars of every such memorandum shall be entered forthwith by the Registrar in a book to be called the " Appearance Book," in which book the title and number of the suit shall be entered ; and, under the same, the date and particulars of the appearance, with such other particulars as the Court m.ay, from time to time, direct. 69. The solicitor of a defendant appearing by a solicitor shall state in such memorandum his place of business, or his address for service, within the Settlement, and within two miles from the Court-house. 70. A defendant appearing in person shall state in such memo- randum his place of residence, or if the same shall be out of the jurisdiction, or out of the Settlement in which the writ was issued, or more than two miles from the Court-house, a place to be called his address for service, within two miles from the Court-house in such Settlement. 71. If the memorandum does not contain huch address, it shall not be received ; and if any such address shall be illusory or fictitious, the appearance may be set aside by the Court, on the application of the plaintiff. Partners. 72. Where partners are sued in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm. 73. When any person carrying on business in the name of a firm, apparently consisting of more than one person, shall be sued in the name of the firm, he shall appear in his own name' ; but all subsequent proceedings shall, nevertheless, continue in the name of the firm. 74. If two or more defendants in the same suit shall appear by the same solicitor, and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum. 75. A solicitor not entering an appearance, in pursuance of his written undertaking so to do, on behalf of any defendant shall be liable to attachment, as in case of disobedience to an order of tlie Court. ' Appearance 76. A defendant may appear at any time before judgment. If he notice hereof, appear at any time after the time limited for appearance he shall, 12/15. Individually. 12/12. Single partner in firm. 12/I2A. Joint appear- ance by solici- tor. 12/13. Undertaking by solicitor to appear. 12/14. civil. PROCEDURE. [V. OF 1878.] 7.5Jf on the same day, give notice thereof to the plaintiff's solicitor, or to the plaintiff himself if he sues in person, and he shall not, unless the Court otherwise orders, be entitled to any further time for delivering h^s defence, or for any other purpose, than if he had appeared according to the writ. Land. 77. Any person not named as a defendant in a writ of summons Persons not m for the recovery of land may, by leave of the Court, appear and i^yg'defend. defend, on filing an affidavit showing that he is in possession of the 12/I8. land either by himself or his tenant, such leave may he obtained on an ex parte application. 78. Any person appearing to defend a suit for the recovery of Appearing as. land as landlord in respect of property whereof he is in possession l*"^"'^ *" only by his tenant, shall state in his appearance that he appears as 12/19. landlord. 79. Where a person, not named as defendant in anv writ of 9° o''*»™i°g summons for the recovery of land, has obtained leave of the Court appearance, to appear and defend, he shall enter an appearance according to 12/20. the foregoing rules, intituled in the suit against the party or parties named in the writ as defendant or defendants, and shall forthwith give notice of such appearance to the plaintifl'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 suit. 80. Any person appearing to a writ of summons for the recovery Defendant may of land shall be at liberty to limit his defence to a part only of the '""'i2*/2°°*' 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 ; such notice to be Notice to plaiur served within four days after appearance, and an appearance where *'^' the defence is not so limited shall be deemed an appearance to defend for the whole. 81. The notice mentioned in the last preceding Section may be Form of notice.:, in the prescribed form. J^^l^^' CHAPTEK VII. Default of Appearance. Infant or Lunatic. 82. In aU cases where no appearance has been entered to a writ Assignment o£ of summons for a defendant, who is an infant, or a person of KQ^dian. nnsound mind, not so found by inquisition, the plaintiff may apply ^^v" to the Court for an order that some proper person be assigned guardian of such defendant, by whom he may appear and defend the suit. But no such order shall be made unless it appears, on the hearing of such application, that the writ of summons was duly served, and that notice of such application was, after the expiration 3 B 754 [V. OF 1878.] CIVIL PROCEDURE, 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-bouse of the person with whom, or under whose care, such defendant was, at the time of serving such writ of summons, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian), served upon or left at the dwelling-house of the father or guardian, if any, of such infant ; unless the Court, at the time of hearing such application or afterwards, shall dispense with such last-mentioned service. Defendant not Appearing. Affidavit of 83. Where any defendant fails to appear to a writ of summons, service. and the plaintiff is desirous of proceeding upon default of appear- ^^'^' ance under any of the following rules of this Chapter, or under Chapter VIII, he shall, before taking such proceeding upon default, file an affidavit of service, or of notice in lieu of service, as the case may be. Bills of Exchange. Final judgment 84. If a defendant served with a writ issued under Section 39, on affidavit. shall not have obtained leave to appear and have appeared, to such writ, according to the exigency thereof, the plaintiff may, on filing an affidavit of service, or of notice in lieu of service, as the case may be, and a copy of the writ of summons and the indorsements Form 28. thereon, at once enter final judgment in the prescribed form, for any sum not exceeding the sum indorsed on the writ, together with interest (if any) at the rate specified in the body of the bill or note, or if not so specified, at the accustomed rate, to the date of the Coats judgment, and a sum, to be fixed by the rules, for costs, unless the plaintiff claims more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith. Cmirt may 84a. After judgment, the Court may, under special circumstances, set aside set aside the judgment, and, if necessary, stay or set aside execution; judgment. ^^^ ,ffj^(^y g^yg leave to appear to the summons and to defend the c. S S.3. *" ®'"'*'^' '^/'^^ shall seem reasonable to the Court so to do, and on such terms as to the Court may seem just. order bOf'to 84b. In any proceedings under section 39 of the said Ordinance,* be deposited, it shall be competent to the Court to order the bill or note sought to i§ ^ 19 Vict. })Q proceeded upon to be forthwith deposited with an officer of the Court, and further to order that all proceedings shall be stayed until the plaintiff shall have given security for the costs thereof. Liquidated Demands. When writ not 85. Where the defendant fails to appear to the writ of summons dorsed^^ud'- ^^^ *^® ^^^* ^® ^°^ Specially indorsed, but the plaintiff's claim is for ment after ^" a debt or liquidated demand only, no statement of claim need be delivered ; but the plaintiff may file an affidavit of service, or * This Ordinance. CIVIL PEOCEDUEE. [V. OF 1878.] 755 notice in lieu of service, as the case may be, and a statement of the statement of particulars of his claim in respect of the causes of action stated in Particulars. the indorsement upon the writ, and may, after the expiration of eight days, enter final judgment for the amount shown thereby and ^°"" ^^• costs to be taxed, provided that the amount shall not be more than the sum indorsed upon the writ besides costs. Unliquidated Demands. 86. Where the defendant fails to appear to the writ of summons, When writ for and the plaintiffs claim is not for a debt or liquidated demand only, ^^'^^*^°° °^ but for detention of goods and pecuniary damages, or either of them, damages, inter- no statement of claim need be delivered; but interlocutory judg- locutory judg- ment may be entered, and the plaintiff may set the cause down for ™^°*i3/g assessment of damages. Form so. Assessment of Land. ^""""S"'' 87. lu case no appearance shall be entered in a suit for the On non- recovery of land within the time limited, or if an appearance be appearance entered, but the defence be limited to part only, the plaintiff shall enter judg- ' be at liberty to enter a judgment that the person whose title is ment. asserted in the writ shall recover possession of the land, or of the ^^'^' part thereof to which the defence does not apply. "^ ^ ' 88. Where the plaintiff has endorsed a claim for mesne profits, where money arrears of rent or damages for breach of contract, upon a writ for claim endorsed, the recovery of land, he may enter judgment by default as in the ^^/^" last preceding section mentioned for the land, and for so much of the money claims as is ascertained ; and as to the other claims so endorsed, may proceed as in the preceding rules in this Chapter, according to the circumstances of the case. All other Demands. 89. In suits which, under the former practice, would have been Chancery and instituted on the Equity side of the Court, and in all other suits, not °*^'' ^"'*® *? by the rules in this Chapter otherwise specially provided for, in appearance' case the party served with the writ does not appear within the time entered, limited for appearance, upon the filing by the plaintiff of a proper ^^/®" affidavit of service, the' suit may proceed, as if such party had appeared. CHAPTER VIII. Endorsement of Writ. Writs Specially Endorsed 90. In all suits where the plaintiff seeks merely to recover a Debts and debt, or .liquidated demand in money, payable by the defendant, liquidated with or without interest, arising upon a contract, express or ^^™*'^^^- implied, as, for instance, for goods sold, or on a bill of exchange, 3 B 2 756 [V. OF 1878.] CIVIL PEOCEDUBE. Form 9. promissory note, cheque, or other simple contract debt, or on a bond or contract under seal for payment of a liquidated amount of money, or on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt, or on a guaranty, whether under seal or not, where the claim, against the principal, is in respect of such debt or liquidated demand, biU, cheque, or note, or on a trust, the writ of summons may be specially endorsed* with the particulars of the amount sought to be recovered, after giving credit for any payment or set-off. Bills and notes. 91. The holder of a dishonoured bill or note shall have the same Indian Act 5 of remedies for the recovery of the expenses, incurred in the noting 1866, section 6. of the Same for non-acceptance or non-payment, or incurred otherwise by reason of the dishonour, as for the recovery of the amount of the bill or note. 92. The endorsement, besides stating the nature of the claim, shall state the amount claimed for debt, or in respect of such demand, and for costs and expenses respectively, and shall further state, that upon payment thereof within eight days after service, if served within the Settlement, or sixteen days if served at any other Settlement, or in case of a writ, not for service within the Colony,, within the time allowed for appearance, further proceedings will be stayed. The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed, the plaintifi's solicitor, or the plaintiff himself if he shall not have employed a solicitor, shall pay the costs of taxation. Particulars to be endorsed. 3/7. Pipcedure on appearance, affidavit. 14/lA. When Defendant Appeahs. 93. Where the defendant appears on a writ of summons so specially endorsed, the plaintiff may, on affidavit made by himself, or by any other person who can swear to the debt or cause of action, verifying the cause of action, and stating that in his belief there is no defence to the suit, call on the defendant to show cause before the Court why the plaintiff should not be at liberty to enter final judgment for the amount so endorsed together with interest^ if any, and costs. A copy of the affidavit shall be served with the summons. Tlie Court may, thereupon, unless the defendant, by affidavit or otherwise, satisfy the Court that he Las a good defence to the suit on the merits, or disclose such facts as may be deemed sufficient to entitle him to defend, make an order empowering the plaintiff to enter judgment accordingly. 94. The application by the plaintiff for leave to enter final judgment, after appearance to a writ specially endorsed, shall be made by summons, returnable not less than two clear days after service. Showing cause. 95. The defendant may show cause against such application, ^*'^' by affidavit, in which he shall state whether the defence he alleges Copy. Order to sign judgment. Form 27. Application by (jummons., 14/2. * As to notice to be endorsed on writ, see Rule III., Order I, August 1879, Govern- ment Gazette of January 9, 1380, p. 14. CIVIL PEOCKDUEE. [V. OF 1878.] 757 goes to the whole or to part only, and if so, to what part of the plaintiff's claim. And the Court may, of its own motion, or on the ex parte application of the plaintiff, order the defendant to attend a.nd be examined upon oath, and to produce any books or documents or copies of or extracts therefrom. 96. If it appear that the defence set up by the defendant applies Judgment as only to a part of the plaintiff's claim, or that any part of his claim *° ^"5*4/4 is admitted to be due, the plaintiff shall have judgment forthwith for such part of his claim as the defence does not apply to, or as is admitted to be due, subject to such terms, if any, as to suspending execution, or the payment of the amount levied or any part thereof into Court, the taxation of costs, or otherwise, as the Court may think fit. And the defendant may be allowed to defend as to the residue of the plaintiffs claim. 97. If it appears to the Court that any defendant has a good Several defen- defence to, or ought to be permitted to defend, the suit, and that \^ij_ any other defendant has not such defence, and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to enter final judgment against the latter, and may issue execution upon such judgment, without prejudice to his right to proceed with his suit against the former. 98. Leave to defend may be given unconditionally, or subject ^^f^^*" to such terms as to giving security, paying money into Court, terms. or otherwise, as the Court may think fit. i4/6. Bills of Exchange. 98a. The Court shall, upon application within the period of Defendant seven days from the service of such summons, give leave to appear ll^^'y "''° and to defend the suit, wpon the defendant paying into Court the showing a sum mentioned in the summons, or upon affidavits satisfactory to defence, to the Court, which disclose a defence, or such facts as would m.ake it ''""* ^*""* '" incvmibent on the holder to prove consideration, or such other facts "/I ^g vict as the Court may deem sufficient to support the application, a/nd c 67, s. 2. on such terms as to security, framing and recording issues, going to trial, or otherwise, as to the Court may seem fit. When the Defendant does not Appeab. 99. In case of non-appearance by the defendant, where the writ Final judg is specially endorsed under Section 90, if the service of the writ "^""^ ^*'^' shall have been personal or within the Colony, the Plaintiff may lt^°'^ '*'" enter final judgment, after the prescribed time, for any sum not 13/8. exceeding the sum endorsed on the writ, together with interest at jorm gg the rate specified, if any, to the date of the judgment, and a sum for costs. 100. In case of non-appearance by the Defendant, where the Where service service of the writ shall not have been personal or shall not have "°* personal been within the Colony the plaintiff' may apply to the Court SettlemeiS. ** for leave to enter up final judgment, and the Court may give leave 758 [V. OF 1878.] CIVIL PROCEDURE. to enter final judgment, or may order the plaintiff to proceed, ex parte, as in defaiilt of appearance to a writ not specially endorsed, as provided by Chapter VII. Several defen- dants. 13/4. Several Defendants. to a writ, specially in money, and one or 101. Where there are several defendants endorsed, for a debt or liquidated demand more of them appear to the writ, and another or others of them do not appear, the plaintiff may, subject as aforesaid, enter final judgment against such as have not appeared, and may issue execu- tion upon such judgment, without prejudice to his right to proceed with his suit against such as have appeared. Endorsement of claim for account. 3/8. Default of appearance. 15/1. Order. Motion for order. 15/2. In cases of Account. 102. In all cases of ordinary account, as, for instance, in the case of a partnership, or executorship, or ordinary trust account, where the plaintifi", in the first instance, desires to have an account taken, the writ of summons shall be endorsed with a claim that such account be taken. In default of appearance to such writ of summons, and after appearance, unless the defendant, by afiidavit or otherwise, satisfy the Court that there is some preliminary question to be tried, an order for the account claimed, with all directions usual in similar cases, shall, on the application of the Plaintiff, be forthwith made. 103. An application for an account shall be made by motion, and be supported by an affidavit, filed on behalf of the plaintiff", stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired. CHAPTER IX. Parties. Plaintiffs. 104. All persons may be joined as plaintiflTs, in whom the rieht to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative ; and judgment may be given for such one or more of the plaintiff's, as may be found to be entitled to relief for such relief as he or they may be entitled to, without any amendment. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person or persons who shall not be found entitled to relief, if the Court in disposing of the costs of the suit shall so direct. Addition or iQS. Where a suit has been commenced in the name of the pKS^!'°° °* wrong person as plaintiff, or where it is doubtful whether it has 16/2. been commenced in the name of the right plaintiff" or plaintiff's, the Court may, if satisfied that it is necessary for the determination of Who may be joined as plain- tiffs. 16/1. Costs. CIVIL PROCEDURE. [V. OF 1878.] 7o9 the real matter in dispute so to do, order any such person or persons to be substituted or added as plaintiflF or plaintiffs upon such terms, as to costs or otherwise, as may seem just. Dependants. 106. All persons may be joined as defendants against whom the who may be right to any relief is alleged to exist, whether jointly, severally, or joined as in the alternative. And judgment may be given against such one ^^^^^^^^^te. or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment. 107. It shall not be necessary that every defendant to any suit Where defend- shall be interested as to all the relief thereby prayed for, or as to ^s V"*^"^!^**^ every cause of action included therein ; but the Court may make 16/4. such order, as may appear just, to prevent any defendant from being embarrassed, or put to expense, by being required to attend any proceedings in such suit, in which he may have no interest. 108. The plaintiff may, at his option, join as parties to the Joint and same suit all or any of the persons severally, or jointly and sever- several ally, liable on any one contract, including parties to biUs of ^ ^ jg'/g exchange and promissory notes. 109. Where in any suit, whether founded upon contract or Cases of doubt otherwise, the plaintiff is in doubt as to the person from whom he • parties "'^^'^ is entitled to redress, he may, in such manner as hereinafter men- I'e/e. tioned, or as may be prescribed by any special order, join two or more defendants, to the intent that, in such suit, the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties to the suit. Trustees, Executobs, &c. 110. Trustees, executors, and administrators, may sue and be Inrepresenta sued on behalf of, or as representing, the property or estate of '"^ capacity, which they are trustees or representatives, without joining any of the parties beneficially interested in the trust or estate, and shall be considered as representing such parties in the suit ; but the Court may, at any stage of the proceedings, order any of such parties to be made parties to the suit, either in addition to or in Proviso, lieu of the previously existing parties thereto. Married Women and Infants. 111. Married women and infants may respectively sue as By next friend plaintiffs by their next friends, and infants may, in like manner, °^ ^"7^/q°" defend any suit by their guardians appointed for that purpose. Married women may also, by the leave of the Court, sue or Husband, defend without their husbands and without a next friend, on giving such security (if any) for costs as the Court may require. 760 OF 1878.] CIVIL PROCEDUEE. By committee •or next friend. 18/. 58 & 39 Vict. *. 77. Lunatics. 112. In all cases in which lunatics and persons of unsound mind not so found by inquisition might in England, respectively, before the coming into operation of the Imperial Supreme Court of Judicature Act, 1875, have sued as plaintiffs or would have been liable to be sued as defendants in any action or suit, they may respectively sue as plaintiffs in any suit by their committee or next friend in manner practised in the Court of Chancery in England before the coming into operation of the said Act, and may in like manner defend any suit by their committees or guardians appointed for that purpose. Numerous Parties. Representation 113. Wliere there are numerous parties having the same interest flf parties j^ Q^e suit, one oi more of such parties may sue or be sued, or may intere^t."™^ be authorised by the Court to defend in such suit, on behalf or for 16/9. the benefit of all parties so interested. Court may : ^point per- son to repre- sent next of kin, or class ; where such are not known, :&C. 16/9 A. Next of Kin, &c., or a Class. 114. In any case in which the rights of an heir at law, next of kin, or a class, shall depend upon the construction which the Court may put upon an instrument, and it shall not be known, or be difficult to ascertain, who is or are such heir at law, next of kin, or class, and the Court shall consider that, in order to save expense or for some other reason, it will be convenient to have the question or questions of construction determined before such heir at law, next of kin, or class, shall have been ascertained, by means of inquiry or otherwise, the Court may appoint some one or more person or persons to represent such heir at law, next of kiu, or class, and the judgment of the Court, in the presence of such person, or persons, shall be binding upon the party or parties or class so represented. In name of firm. 16/10. Application for names. Costs. Single partner io firm. 16/ 10 A. Partners. 115. Any two or more persons claiming, or being liable, as co- partners, may sue or be sued in the name of their respective fii-ms, if any ; and any party to a suit may, in such case, apply by summons to the Court for a statement of the names of the persons who are co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct. If it appear that an application in writing was made unsuccessfully to the opposite party, or his solicitor before any such motion, the Court may direct the costs of the motion to be paid by such party. 116. Any person carrying on business in the name of a firm apparently consisting of more than one person, may be sued in the name of such firm. civil procedure. [v. of 1878.] 761 Administration. 117. Any legatee or next of kin may, without serving the ^^^ ^® J,^''^- remaining legatees or next of kin, have a decree for the adminis- ' je/ii. tration of the estate of a deceased person. Cestuis que Trust. 118. Any one of several cestuis que trust under any deed or instrument may, without serving any other of such cestuis que trust, have a decree for the execution of the trusts of the deed or instrument. Protection of Property. 119. In all cases of suits for the protection of property pend- ing litigation, and in all cases in the nature of waste, one person may sue on behalf of himself and of all persons having the same interest. Executors, &c., and Trustees. 120. Any ^Executor, Administrator, or Trustee may obtain a decree against any one legatee, next of kin, or cestuis que trust for the administration of the estate, or the execution of the trusts. General Rules. 121. In all the above cases the Court, if it shall see fit, may Other parties, require any other person or persons to be made a party or parties to the suit, and may, if it shall see fit, give the conduct of the suit to such person as it may deem proper, and may make such Dominus litis. order in any particular case as it may deem just for placing the defendant on the record on the same footing in regard to costs as Costs. other parties having a common interest with him in the matters in question. 122. In all the above cases the persons who, according to the Parties to be present practice of the Court, would be necessary parties to the served with suit, shall, if within the jurisdiction, be seived with notice of decree °^ the decree, and after such notice they shall be bound by the pro- ceedings in the same manner as if they had been originally made parties to the suit, and they may by an order of course have liberty to attend the proceedings under the decree ; and any party so served may, within such time as the Court may permit, or as shall in that behalf be prescribed by any Rules and Orders of the Court, apply to the Court to add to, vary or set aside the decree. Joinder of Parties. 123. No suit shall be defeated by reason of the mis-joinder of Mis-joinder or parties, and the Court may, in every suit, deal with the matter in non-joinder of controversy so far as regards the rights and interests of the parties ^""^^e/is 762 [V. OF 1878.] CIVIL PROCEDURE. Consent to being added. Commence- ment of pro- ceedings. actually before it. The Court may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to he just, order that the name or names of any party or parties, whether as plaintiifs or as defendants, improperly joined be struck out, and that the name or names of any party or parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary, ' in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 124. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent thereto. 125. All parties whose names are so added as defendants shall be served with a summons or notice in manuer hereinafter men- tioned, or in such manner as may be prescribed in any special order, and the proceedings as against them shall be deemed to have begun only on the service of such summons or notice. By summons. Applications. 126. Any application to add or strike out or substitute a plaintiff or defendant may be made to the Court at any time before trial by summons, or at the trial of the suit in a summary manner. Procedure when defen- dant added. 16/15. Amendment of claim. 16/16. Defendant Added. 127. Where a defendant is added, unless otherwise ordered by the Court, the plaintiff shall file an amended copy of and sue out a writ of summons, and serve such new defendant with such writ, in the same manner as original defendants are served, and the pro- ceedings against such new defendant shall be deemed to have begun on the service of such summons. 128. If a statement of claim has been delivered previously to such defendant being added, the same shall, unless otherwise ordered by the Court, be amended in such manner as the making such new defendant a party shall render desirable, and a copy of such amended statement of claim shall be delivered to such new defendant, at the time when he is served with a writ of summons or afterwards, within four days after his appearance. To contribu- tion or indem- nity from other person. 16/18, 20. Service of notice. Form 10. Claim by Defendant. 129. Where a defendant is, or claims to be, entitled to contribu- tion or indemnity, or any other remedy or relief over against any other person, he may, by leave of the Court, issue a notice to that effect, stamped with the seal of the Court. A copy of such notice shall be filed with the proper officer, and served on such person in the manner hereinbefore provided for the service of writs of summons. CIVIL PKOCEDUEE. [V. OF 1878.] 763 130. Tte notice shall state the nature and grounds of the Nature of defendant's claim, and shall, unless otherwise ordered by the Court, notice, he served within the time limited for delivering his statement of defence, and therewith shall be served a copy of the statement of Service, claim, or if there be no statement of claim, then a copy of the writ of summons in the suit. If the person served with such notice desires to dispute the ^^^^^I^^J^^' plaintiff's claim, as against the defendant on whose behalf the notice has been given, he must enter an appearance in the suit within eight days from the service of the notice. In default of his so doing Default he shall be deemed to admit the validity of the judgment obtained thereof, against such defendant, whether obtained by consent or otherwise. Provided always that a person so served, and failing to appear Proviso, within the said period of eight days, may apply to the Court for leave to appear, and such leave may be given upon such terms, if any, as the Court shall think fit. 131. If the person served with such notice appears pursuant Procedure on thereto, the party giving the notice may apply to the Court for appearance, directions as to the mode of having the question in the suit deter- mined; and the Court, upon the hearing of such application, may, if it shall appear desirable so to do, give the person so served liberty to defend the suit, upon such terms as shall seem just, and may direct such pleadings to be delivered, or such amendments in any pleadings to be made, and generally may direct such pro- ceedings to be taken, and give such directions as to the Court shall appear proper, for having the question most conveniently determined, and as to the mode and extent in or to which the person so served shall be bound, or made liable, by the decision of the question. Questions with thied Parties. 132. Where, from any cause, it is made to appear to the Court, Court may at any time before or . at the trial, that a question in the suit "^il/jy^^p should be determined, not only as between the plaintiff and ' defendant, but as between the plaintiff and the defendant and any other person, or between any or either of them, the Court may make such order as may be proper for having the question so deter- mined, and before, or at the time of making such order, shall direct such notice to be given by the plaintiff at such time, and to Notice. such person, and in such manner, as may be thought proper ; and, if the order be made at the trial, the Court may postpone such trial as it may think fit. Postponement. 764 [V. OF 1878.] CIVIL PEOCEDUKE. Several causes of action may be united. 17/1- Joinder of other claims. '17/2. Claims which may and may not be joined. 17/3-6. CHAPTER X. Joinder. Joinder of Causes of Action. 133. Subject to the following provisions, the plaintiff may unite in the same suit, and in the same statement of claim, several causes of action ; but if it appear to the Court that any such causes of action cannot be conveniently tried or disposed of together, the Court may order separate trials of any of such causes of action to be had, on the same writs of summons and pleadings if practicable, or may make such other order as may be necessary or expedient for the separate disposal thereof. Land. 134. No cause of action shall, unless by leave of the Court, be joined with a suit for the recovery of land, except claims in respect of mesne profits or arrears of rent in respect of the premises claimed, or any part thereof, and damages for breach of any con- tract under which the same or any part thereof are held. Rules. 135. Subject to the other provisions of this. Ordinance, lelating to the joinder of causes of action, the following rules shall be observed : — 17/3 17/4. 17/5. Trustee in Bankruptcy. (1 .) Claims by a trustee in bankruptcy as such shall not unless by leave of the Court, be joined with any claim by him, in any other capacity. Husband and Wife. (2.) Claims by or against husband and wife may be joined with claims by or against either of them separately. Executor. (3.) Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator. Joint and Separate. 17/6. (4.) Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant. Application to Confine the Suit. txdudfrome" 136. Any defendant alleging that the plaintiff has united in the same suit several causes of action which cannot be con- CIVIL PROCEDURE. [V. OF 1878.] 765 veniently disposed of in one suit, may at any time apply to the causes of Court by summons for an order confining the suit to such of "'*^*"'".,q the causes of action as may be conveniently disposed of in one proceeding. 137. If, on the hearing of such application, it shaU appear to Procedure the Court that the causes of action are such as cannot all be con- *^'*°i'i'/9 veniently disposed of in one suit, the Court may order any of such causes of action to be excluded, and may direct the statement of claim, or, if no statement of claim has been delivered, the copy of the writ of summons, and the writ of summons, to be amended accordingly, and may make such order as to costs as may be just. PART III. OF THE PLEADINGS. CHAPTER XI. The Pleadings. 138. Unless the defendant in a suit, at the time of his appearance, ^*ged*with shall state that he does not require the delivery of a statement of on notice by claim, the plaintiff shall within such time and in such manner as defendant, hereinafter prescribed, deliver to the defendant, after his appear- oiata™™'^ °^ ance, a statement of his complaint, and of the relief or remedy to 19/2. which he claims to be entitled. The defendant, shall, within such time and in such manner as Defence, hereinafter prescribed, deliver to the plaintiff a statement of his defence, set-off, or counter-claim (if any), and the plaintiff shall in like manner deliver a statement of his reply (if any) to such Reply, defence, set-off, or counter-claim. Such statements shall be as brief as the nature of the case will Unnecessary admit, and the Court in adjusting the costs of the suit shall inquire, ^™ '^' '^' at the instance of any party, into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same. A duplicate original of every pleading shall be filed in Court ^'■'"g- previous to delivery. 139. The Court may at any time, on application, or of its own ^to dead- motion, order a statement of claim and of defence and reply to be ings. delivered, if it shall appear to the Court that the case cannot be conveniently tried without written pleadings. Delivery of Pleading. 140. Every pleading in a suit shall be delivered between the I>elivery of parties, and shall be marked on the face with the date of the day Parti^ufars to which it is delivered, and with the number and the title of the be marked suit, the description of the pleading, and the name of the solicitor hereon. 766 [Y. OF 187.8.] OIVIL PEOCEDUBEi Mode of delivery. 19/6. delivering the same, or the name and address of the party deliver- ing the same if he does not act by a solicitor. 141. Every pleading or other document required to be delivered to a party, or between parties, shall be delivered to the solicitor of every party who appears by a solicitor, or to the party if he does not appear by a solicitor, but if no appearance has been entered for any party, then only the pleading or document to be filed in Court shall be filed as required by Section 138, and no further delivery shall be required unless the Court shall in any case other- wise order. When required, time of deli- very. 21/1. May be de- livered in any case. 21/1. Costs. Where writ specially in- dorsed. 21/4. Form 11. Time. Statement of Claim. 142. If the defendant shall not state that he does not require the delivery of a statement of claim, the plaintiff shall, imless other- wise ordered by the Court, deliver it within six weeks from the time of the defendant's entering his appearance. 143. The plaintiff may, if he think fit, deliver a statement of claim, although the defendant may have appeared and stated that he does not require the same. Provided that in no case shall a statement of claim be so delivered more than six weeks after the appearance has been entered, unless otherwise ordered by the Court, and the Court may make such order as to the costs occasioned thereby as shall seem just, if it appears that the delivery of a state- ment of claim, was unnecessary or improper. 144. Where the writ is specially indorsed, and the defendant has not dispensed with a statement of claim, it shall be sufficient for the plaintiff to deliver as his statement of claim, a notice to the effect that his claim is that which appears by the indorsement upon the writ, unless the Court shall order him to deliver a further state- ment. And when the plaintiff is ordered to deliver such further statement it shall be delivered within such time as by such order shall be directed, and if no time be so limited, then within the time prescribed by the last preceding section. Time of de- livery. 22/1. Where leave given to de- fend. 22/3. Extra costs needlessly occasioned hy non-admission of facts. 22/4. Defence. 145. Where a statement of claim is delivered to a defendant he shall deliver his defence within eight days thereafter, or within the time limited for appearance, unless such time is extended by the Court. 146. Where leave has been given to a defendant to defend under Section 93, he shall deliver his defence, if any, within such time as shall be limited bj' the order giving him leave to defend, or, if no time is thereby limited, then within eight days after the order. 147. Where the Court shall be of opinion that any allegations of fact, denied or not admitted by the defence, ought to have been admitted, the Court may make such order as shall be just, with respect to any extra costs OGCasioned by their having been denied or not admitted. civil procedure. [v. of 1878.] 767 Counter-claims. 148. Where a defendant by his defence sets up any counter- Against plain- claim, which raises questions between himself and the plaintiff gthera"* ^ ^'* along with any other person or persons, he shall add to the title of 22/5. his defence a further title, similar to the title in a statement of complaint, setting forth the names of all the persons who, if such counter-claim were to be enforced by cross suit, would be defend- ants to such cross suit, and shall deliver his defence to such of them as are parties to the suit, within the period within which he is required to deliver it to the plaintiff. 149. Where any such person, as in the last preceding section Such other mentioned, is not a party to the suit, he shall be summoned to gu^^^~^°'' appear, by being served with a copy of the defence ; and such 22/6. service shall be regulated by the same rules as are herein con- Form 12. tained, with respect to the service of a writ of summons ; and every defence so served shall be endorsed with a notice, in the prescribed form, to appear within eight days. 150. Any person not a defendant to the suit, who is served Appearance of with a defence and counter-claim as aforesaid, must appear thereto, ^"° 22^7°°'' as if he had been served with a writ of summons to appear in a suit. 151. Any person named in a defence as a party to a coimter- I'^fs^c^ to. claim thereby made, may deliver a reply within the time within 22/8. which he might deliver a defence if it were a statement of claim. 152. Where a defendant by his statement of defence sets up a ^°"^' ™^y ^''- counter-claim, if the plaintiff, or any other person named in claim."""" *'^' maimer aforesaid as party to such counter-claim, contends that 22/9. the claim thereby raised ought not to be disposed of by way of counter-claim, but in an independent suit, he may, at any time before reply, apply to the Court for an order that such counter- claim may be excluded, and the Court may, on the hearing of such application, if it considers that an independent suit is necessary, make an order accordingly, or may make such order as shall be just. Reply and subsequent Pleadings. 153. A plaintiff shall deliver his reply, if any, within eight days ^^"^ °^ ^^"■ after the defence, or the last of the defences, shkll have been 24/1. delivered, unless the time shall be extended by the Court. 154. No pleading subsequent to reply, other than a joinder of ^eadin^^with* issue, shall be pleaded without leave of the Court, and then upon out leave. ' such terms as the Court shall think fit. 24/2. 155. Subject to the last preceding section, every pleading sub- '^^® °^ ''^^^" sequent to reply shall be delivered within four days after the S^Ia.^" delivery of the previous pleading, unless the time shall be extended 24/3. by the Court. 156. Forms similar to those in the appendix C to the Imperial °'™i9;4 Supreme Court of* Judicature Act, 1875, may be used with such 38 & 39 Vict. variations as the case may require. <=• ^^• * The word "the " occurs here after the word " of" in the original Ordinance. 768 [V. OF 1878.] CIVIL PROCEDUKE. On joinder of issue. 25. Close of Pleadings. 157. As soon as either party has joined issue upon any pleading of the opposite party simply, without adding any further or other pleading thereto, the pleadings as lietween such parties shall be deemed to be closed. Court may order issues of fact to be pre- pared. 26. Issues. 158. Where in any suit it appears to the Court that the state- ment of claim, or defence or reply, does not sufficiently define the issues of fact in dispute between the parties, the Court may, of its own motion or on application by summons, direct the parties to prepare issues, and such issues shall, if the parties differ, be settled by the Court. CHAPTER XII. Mode of stating facts. 19/4. Rules of Pleading. 159. Every pleading shall contain, as concisely as may be, a statement of the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such state- ment being divided into paragraphs, numbered consecutively, and each paragraph containing, as nearly as may be, a separate allega- tion. Dates, sums, and numbers shall be expressed in figures and not ia words. Each pleading shall be signed by the party pleading or by his solicitor. Specified relief. General relief. 19/8. Where several causes of com- plaint. 19/9. Plaintiff. 160. Every statement of claim shall state specifically the relief which the plaintiff' claims, either simply or in the alternative, and may also ask for general relief. And the same rule shall apply to any counter-claim made, or relief claimed by the defendant, in his statement of defence. If the plaintift's claim be for discovery only, the statement of claim shall show it. 161. When the plaintiff seeks relief, in respect of several distinct claims or causes of complaint founded upon separate and distinct facts, they shall be stated, as far as may be, separately and dis- tinctly. ■ And the same rule shall apply where the defendant relies upon several distinct grounds of defence, set-oif, or counter-claim, founded upon separate and distinct facts. Set-off. Counter-claim. _es. 19/3. Defendant. 162. A defendant in a suit may set-off, or set-up by way of counter-claim, against the claims of the plaintiff, any right or claim whether such set-off or counter-claim sound in damages or not, and' such set-off or counter-claim shall have the same eftect as a state- ment of claim in a cross suit, so as to enable the Court to pronounce a final judgment in the same suit, both on the original and on the CIVIL PROCEDtTEE. [V. OF 1878.] 769 cross claim. But the Court may, on the application of the plaintiff before trial, if in the opinion of the Court such set-off or counter- . claim cannot be conveniently disposed of in the pending suit, or ought not to be allowed, refuse permission to the defendant to avail himself thereof 163. Where any defendant seeks to rely upon any facts as sup- Statement of porting a right of set-off or counter-claim, he shall, in his statement set-off or coun- o£ defence, state specifically that he does so by way of set-off or ^^'^igjlo. •counter-claim. Representative Capacity. 164. If either party wishes to deny the right of any other party Denial of to claim as executor, or as trustee, whether in bankruptcy or other- representative wise, or in any representative or other alleged capacity, or the ''^^^ig?;, alleged constitution of any partnership firm, he shall deny the same specifically. Land. 165. No defendant in a suit for the recovery of land, who is in when title to possession by himself or his tenant, need plead his title, unless his ^^ pleaded, defence depends on an equitable estate or right, or he claims 19/ is. relief upon any equitable ground against any right or title asserted by the plaintiff. But, except in the cases provided for in Chapter VI it shall be sufficient to state by way of defence that he is so in possession. And he may nevertheless rely upon any ground of defence which he can prove, except as herein-before mentioned. Abatement and new Assignment. 166. No plea or defence shall be pleaded in abatement. Abatement. 167. No new assignment shall hereafter be necessary or used. 19/13. But every thing which has heretofore been alleged by way of new j^l^^^ ^^'^°" assignment may hereafter be introduced by amendment of the 19/14. statement of claim. Not Guilty by Statute. 168. Nothing herein contained shall affect the right of any As heretofore, defendant to plead not guilty by statute. And every defence of 19/16. not guilty by statute shall have the same effect as a plea of not guilty by statute has heretofore had. Allegations of Fact.- 169. Every allegation of fact in any pleading in a suit, if not Admission of denied specifically, or by necessary implication, or stated to be not ffcally'demed' admitted in the pleading of the opposite party, shall be taken to be Exceptions, admitted, except as against an infant, lunatic, or person of unsound 19/17. mind not so found by inquisition. 3 c 770 [V. OF J 878.] CIVIL PROCEDURE. Facts "and de- fences relied_ on must be alleged. 19/18. Departure from original ground of claim. 19/19. Allegations of fact to be dealt with speoificallv. 19/20. 170. Each party in any pleading, must allege all such, facts, not appearing in the previous pleadings, as he means to rely on, and must raise all such grounds of defence or reply, as the case may be, as, if not raised on the pleadings, would be likely to take the opposite party by surprise, or would raise new issues of fact not arising out of the pleadings, as, for instance, fraud, or that any claim, has been barred by any Statute of Limitations, or has been released or satisfied. 171. No pleading shall, except by way of amendment, or by leave of the Court, raise any new ground of claim or contain any allegation of fact ipconsistent with the previous pleadings of the party pleading the same. 172. It shall not be sufficient for a defendant in his defence to deny generally the facts alleged by the statement of claim, or for a plaintiif in his reply to deny generally the facts alleged in a defence by way of counter-claim, but each party must deal specifically with each allegation of fact of which he does not admit the truth. Joinder of issue. How far denial of facts. 19/21. Joinder of Issue. 173. Subject to the last preceding section, the, plaintifi" by his 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. 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 may be willing to admit, and shall then operate as a denial of the facts not so admitted. Denial of fact must answer the point of substance. Example. 19/22. Denial of con- tract. Its effect. 19/23. Denial. 174. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus, if it be 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. And so when a matter of fact is alleged with divers circumstances, it shall not be sufficient to deny it as alleged along with those circumstances, but a fair and substantial answer must be given. 175. When a contract is alleged in any pleading, a bare denial of the contract by the opposite party shall be construed only as a denial of the making of the contract in fact, and not of its legality or its sufficiency in law, whether with reference to the Statute of Frauds or otherwise. Contents of Documents. doTument°how ^'^^- Wherever the contents of any document are material, it set out. ' shall be sufficient in any pleading %o state the effect thereof as CIVIL PROCEDURE. [V. OF 1878.] ' 771 briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material. Allegations. ^ 177. Wherever it is material to allege malice, fraudulent inten- Allegation, tion, knowledge, or other condition of the mind of any person, it fra,ud, mahce, shall be sufficient to allege the same as a fact, without setting out ' 19/25. the circumstances from which the same is to be inferred. 178. Wherever it is material to allege notice to any person of Allegation of any fact, matter, or thing, it shall be sufficient to allege such notice ""^'^ig/gg as a fact, unless the form or the precise terms of such notice be material. 179. Wherever any contract or any relation between any Allegation of persons does not arise from an express agreement, but is to be peMon im- implied from a series of letters or conversations, or otherwise from plied from a number of circumstances, it shall be sufficient to allege such circumstances. contract or relation as a fact, and to refer generally to such letters, ' conversations, or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely, in the alternative, upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative. 180. Neither party need in any pleading allege any matter of Unnecessary fact which the law presumes in his favour, or as to which the ^'^^^jgP^g^' burden of proof lies upon the other side, unless the same has first been specifically denied. E.g. — Consideration for a bill of exchange, where the plaintiff Example, sues only on the bill, and not for the consideration as a substantive ground of claim. CHAPTEE XIII. Matters pending the Suit. 181. Any ground of defence which has arisen after suit brought, where arising but before the defendant has delivered his statement of defence, before delivery and before the time limited for his doing so has expired, may be, " ^go/T.* pleaded by the defendant in his statement of defence, either alone or together with the other groimds of defence. And if, after a state- ment of defence has been deliveft-ed, any ground of defence arises to any set-off or counter-claim, alleged therein by the defendant, it may be pleaded by the plaintiff in his reply, either alone or together with any other groimd of reply. 182. Where any ground of defence arises after the defendant Where arising has delivered a statement of defence, or after the time limited for '^"^"go/a his doing so has expired, the defendant may, and where any ground of defence to any set-off or counter-claim arises after reply, or after 3 c 2, 772 [V. OF 1878.] CIVIL PEOCEDUEE. Confession of defence so arising. 20/3. I'orm 13. 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 later time, with leave of the Court in either case, on such terras as to costs and delay as to the Court may seem fit, deliver a further defence or further reply, as the case may be, setting forth the same. 183. Whenever any defendant, in his statement of defence, or in any further statement of defence as in the last preceding section mentioned; alleges any ground of defence which has arisen after the commencement of the suit, the plaintiff may deliver a confession of such defence, and he may thereupon enter up judgment for his costs, up to the time of the pleading of such defence, unless the Court shall, either before or after the delivery of such confession, otherwise order. Pleadings which tend to prejudice, em- barrass, or delay. 27/1. Amendment by parties. 27/2, 8. Not amending within time limited. 27/7. Delivery of •copy. 27/10. Time before answer. Other oases. CHAPTER XIV. Amendment of Pleadings. 184. The Court may, at any stage of the proceedings, allow either party to alter his writ of summons, statement of claim or defence, or reply, or may order to be struck out or amended any matter in such statements, respectively, which may be scandalous, or which may tend to prejudice, embarrass, or delay the fair trial of the suit, and all such amendments shall be made, as may be necessary for the purpose of determining the real questions or question in controversy between the pajties. 185. Either party may, before the other party has replied to his pleading, amend such pleading generally once without leave of the Court ; but, at any other time the Court may allow amendments to be made, on application by summons. 186. If a party who has obtained an order for leave to amend a pleading, delivered by him, does not amend the same within the time 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. 187. A copy of every amendment, or of the pleading as amended, shall be delivered to the opposite party within the time allowed for amending the same pleading. In case the amendment shall be before answer or reply the time for answering or replying to the same shall count from the time of delivery of such amended pleading. In other cases, if the order for amendment do not otherwise direct, the party served with such amendment may amend his answer or reply, to the amended pleading, within eight days, or such further time as the Court may allow. CIVIL PROCEDURE. [V. OF 1878.] 773 And the time for replying to such answer or reply, if not Time for amended, shall commence to run from, the expiration of the time ^^'i' '"<'<'""' within which the answer or reply might have been ainended. 188. The Registrar, upon the party attending to amend a How amend pleading, shall decide whether such amendment shall be _ made ™®°''™^*' on the face of the filed duplicate, or by filing a duplicate as amended ; and the copy amendment delivered to the other side shall follow the course directed by the Registrar as regards the filed duplicate. 189. Whenever any pleading is amended, such pleading, when Amended amended, shall be marked with the date of the order, if any, under P'^"^™^' '""^ which the same is so amended, and of the day on which such 27/9. amendment is made, in manner following, viz. ; — " Amended the day of 190. Nothing herein contained shall afiect or apply to the power Power of of the Court to allow amendments at the trial ; and such amend- '^""'^ j^/g ments shall be made by the Registrar or other ofiicer on the face of the filed pleadings, or as the Court may direct. CHAPTER XV. Demurrer. 191. Any party may demur to any pleading of the opposite Demurrer to- party, or to any part of a pleading setting up a distinct cause of pleading, action, groiuid of defence, set-off, counter claim, reply, or as the ^^' case may be, on the ground that the facts alleged therein do not grounds of. show any caune of action, or ground of defence to a claim or any part thereof, or set-off or counter-claim, or reply, or as the 5'orm 14. case may be, to which eflfect can be given by the Court as against the party demurring. 192. Such demurrer shall be by way of motion for judgment. By way of and the party demurring shall file a memorandum of demurrer, |^a*j^nt^ stating specifically whether it is to the whole or to a part, and if so to what part ; and shall state at least one substantial ground, grounds of to. legal or equitable, for the same ; and upon the same being filed, ^® ^'^'^• the Registrar shall fix a day, not less than four days after filing, for the hearing of the motion for judgment thereon, and shall note the day so fixed upon the face of the memorandum. 193. A copy of such motion paper,* endorsed with a notice that Copy and the Court will be moved on the day fixed for judgment thereon, j^otice of hear- shall forthwith be delivered to the other party. 194. A party, on being served with such notice of motion, may, '^™a"n'"*°* ^ at any time before the hearing, or at the hearing, apply to the Court for leave to amend his pleading, and the Court may allow such amendment, upon such terms as to costs or otherwise as to ' the Court seems just. * " Memorandum " was probably intended here in lieu of "motion paper.'' 774 [V. OF 1878.] CIVIL PEOCEDUKE. Answer where to part only. To be tried on motion for judgment. Demurrer not otherwise allowed. Section 216. 195. I£ the demurrer be to part only the party demurring shall answer or reply to the residue within the time prescribed, as if no demurrer had been filed, unless the Court shall otherwise order. 196. On the hearing of any such motion as aforesaid, the Court may order judgment to be entered for the plaintiff or defendant, as to the whole suit or any distinct cause of action therein, as the case may be, or dismiss the motion, or make such order, for amend- ments, costs or otherwise, as may be necessary to do complete justice between the parties. 197. Except as aforesaid no demurrer shall be allowed, but all questions of law arising on the pleadings shall be disposed of at the trial, or under the provisions hereinafter contained for the decision of questions of law. CHAPTER XVI. By plaintiff. 29/1. Eight to bring fresh suit. Default of Pleading. By Plaintiff. 198. If the plaintiff, being bound to deliver a statement of claim, does not deliver the same within the time allowed for that purpose, the defendant may, at the expiration of that time, apply to the Court to dismiss the suit with costs, for want of prosecution ; and on the hearing of such application the Court may, if no state- ment of claim have been delivered, order the suit to be dismissed accordingly, or may make such other order and on such terms as to the Court shall seem just. Nothing in this section shall be held to prevent a plaintiff, who may not have delivered a statement of claim within six weeks, or such longer time as may have been allowed, from commencing a fresh suit for the same cause of action. By defendant, where suit on liquidated de- mand. 29/2. Form 28. By Defendant. 199. If the plaintifl's claim be only for a debt or liquidated demand, and the defendant does not, within the time allowed* for that purpose, deliver a defence, or notice of motion by way of demurrer, the plaintifl may, at the expiration of suoh time, enter final judgment! for the amount claimed, with costs. Several Defendants. rS^e ^^P' ^^^^ ^ ^"y ^"'^^ ^"^*' ^^ ^^ the last preceding section ^^^"'29/3"^ mentioned, there are several defendants, if one of them make default as aforesaid, the plaintiff may enter final judgment against * As to notice to be endorsed on statement of claim under this section, see Rule IV Order I, August 1879, Government Gazette of January 9, 1880, p. 14. ' f As to affidavit to be filed before entering final judgment, see Rule V, Order I August 1879, Government Gazette of January 9, 1880, p. 14. ' OIVIL PEOCEDUEE. [V. OP 1878.] 775 the defendant so making default, and issue execution upon such judgment, without prejudice to his right to proceed with his suit against the other defendants. , Damages. 201. If the plaintiff's claim be for detention of goods and Damages and pecuniary damages, or either of them, and the defendant makes j^"^g™ent upon default as mentioned in Section 199, the plaintiff may enter an mg^^ Jf interlocutory judgment against the defendant, and may set down damages. the case for assessment of the value of the goods, and the damages, ^"qm/ °' or the damages only, as the case may be. 202. When in any such suit, as in Section 201 mentioned. Default by there are several defendants, if one of them make default as ^ome defen- mentioned in Section 199, the plaintiff may enter an interlocutory f^ damages. judgment against the defendant so making default, and proceed 29/5. with his suit against the others. And in such case, damages against the defendant making default shall be assessed at the same time with the trial of the suit against the other defendants, unless the Court shall otherwise direct. Joined Demands. 203. If the plaintiff's claim be for a debt or liquidated demand. Default in suit and also for detention of goods and pecuniary damages, or pecuni- ^°^ ^^^^> ^^^° ary damages only, and the defendant makes default as mentioned ""^ *29?f.^^" in Section 199, the plaintiff may enter final judgment for the debt or liquidated demand, and also enter interlocutory judgment for the value of the goods and the damages, or the daiDages only, as the case may be, and proceed as mentioned in Section 201. Land. 204. In suits for the recovery of land, if the defendant makes In suit for default as mentioned in Section 199, the .plaintiff may enter a '^"^'gg/; judgment that the person whose title is asserted in the writ of porm 29. summons shall recover possession of the land, with his costs. Othee Suits. 205. In all suits other than those in the preceding rules of this ?y defendant . Chapter mentioned, if the defendant makes default in delivering ™ °'29/i™*^" a defence or demurrer, the plaintiff may set down the suit on FonuSi, motion for judgment, and such judgment shall be given upon the statement of claim (the facts stated in which shall be deemed to be admitted by the defendant, unless he be an infant, lunatic or person of unsound mind) as the Court shall consider the plaintiff to be entitled to. 206. Where, in any such suit, as mentioned in the last pre- Where several ceding section, there are several defendants, then, if one of such ^^fsni^^ts. defendants make such default as aforesaid, the plaintiff may either sign interlocutory judgment, and set down the suit at once, on 776 [V. OP 1878.] CIVIL PROCEDURE. notice for assessment of damages, or 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. Default of Reply. Default of 207. Subject to the provisions hereinbefore contained as to- que^nt pield^^* demurrer, if the plaintiff does not deliver a reply, or any party ing. does not deliver any subsequent pleading, within the period 29/12. allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and the statements of facts in the pleading last delivered shall be deemed to be admitted. Where issue between plain- tiff or defen- dant, and other person made party. 29/13. Issues with others. 208. In any case in which issues arise in a suit 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 for such judgment, if any, as upon the pleadings he may appear to be entitled to. And the Court may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties. Setting aside judgment by default. 29/14. Setting aside Judgment. 209. Any judgment by defaidt, whether under this Chapter or under any other of the rules in this Ordinance, may be set aside by the Court, upon such terms, as to costs or otherwise, as the Court- may think fit. How made, 30/1. must be pleaded. Payment to proper officer. Notice to plaintiff. 30/2. Form 15. CHAPTER XVII. Payment in Satisfaction. 210. Where any suit is brought to recover a debt or damages, any defendant may, at any time after service of the writ, and before or at the time of delivering his defence ; or, by leave of the Court, at any later time, pay into Court a sum of money by way of satisfaction or amends. Payment into Court shall be pleaded in the defence, and the claim or cause of action, in respect of which such payment shall be made, shall be specified therein. Such sum of money shall be paid to the proper officer, who shall give a receipt for the same. If such payment be made before delivering his defence, the defendant shall thereupon serve upon tlie plaintiff a notice that he has paid in such money, and in respect of what claim. CIVIL PBOCEDUEE. [V. OF 1878.] 777 211. Money paid into Court as aforesaid may, unless otherwise How paid out ordered by the Court, be paid out to the plaintiff, or to his solicitor, °* ^"^D'o on the written authority of the plaintiff. No affidavit shall be necessary to verify the plaintiffs signature to such written autho- rity, unless specially required by the officer of the Court. 212. The plaintiff, if payment into Court is made before deliver- Notice of ing a defence, may accept the same in satisfaction of the causes of acceptance. action in respect of which it is paid in ; in which case he shall ^^^ i6. give notice thereof to the defendant, and shall be at liberty, in case the sum paid in is accepted in satisfaction of the entire cause of action, to tax his costs, and in case of non-payment, to enter up -final judgment, and take execution for his costs so taxed. CHAPTER XVIII. JJiSCONTINUANCE. 213. The plaintiff may, at any time before receipt of the As to whol& defendant's statement of defence, or after the receipt thereof before "'' .P^"^* °^ taking any other proceeding in the suit (save any interlocutory asyi, application),, by notice in writing, wholly discontinue his suit, or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay the defendant's costs of the suit, or, if the suit be not wholly discontinued, the defendant's costs occasioned by the matter so withdrawn. Such costs shall be taxed, and such discontinuance or with- Costs thereon, drawal, as the case may be, shall not be a defence to any subse- quent suit. The Court may, before, or at, or after the hearing or trial, upon o^der of such terms as to costs, and as to any other suit, and otherwise as Court, may seem fit, order the suit to be discontinued, or any part of the alleged cause of complaint to be struck out. 214. The Court may, in like manner, and with the like dis- ]^f ^^^^"^ °^ cretion as to terms, upon the application of a defendant, order the leave of Court whole or any part of his alleged grounds of defence or counter- 23/1. claim to be withdrawn or struck out, but it shall not be competent to a defendant to withdraw his defence, or any part thereof, with- out such leave. 215. A defendant may sign judgment for the costs of a suit, Judgment for- if it is wholly discontinued, or for the. costs occasioned by the '^°^^^- matter withdrawn, if the suit be not whoUy discontinued. ' ' 778 [V. OF 1878.] civil procedure. CHAPTER XIX. Questions of Law. ^"^"34/^^' 216. The parties may, after the writ of summons has been issued, concur in stating the questions of law arising in the suit, or any questions of law between them, if no suit is commenced, in the form of a special case for the opinion of the Court. Every such special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby. Special case to ■ "^ ... he signed and Every special case shall be signed by the several parties or their ^^^^' than coverture, but having a guardian ad litem in the suit, shall be 50/6. served with such order, such person may apply to the Court to discharge or vary such order, at any time within twelve days from the service thereof. Persons under Disability. 279. Where any person being under any disability other than May apply to coverture, and not having had a guardian ad litem appointed in the ^^"r ^* suit, is served with any such order, such person may apply to the 50/7. Court to discharge or vary such order at any time within twelve days from the appointment of a guardian or guardians ad litem for such party ; and, until such period of twelve days shaU have expired, such order shall have no force or effect as against such last- mentioned person. 3d 3 788 [V. OF 1878.] CIVIL PROCEDUEE. CHAPTER XXIII. How exhibited. 31/1. Form 22. Costs thereof, where unrea- sonable, vexa- tious, &e. 31/2. Interrogatories. Plaintiff and Defendant may deliver. 280. The plaintiff may, at the time of delivering his statement of claim, or at any subsequent time, not later than the close of the pleadings ; and 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 either party may at any time, by leave of the Court, deliver interrogatories in writing for the examination of the opposite party or parties, or any one or more of such parties, with a note sit the foot thereof, stating which of such interrogatories each of such persons is required to answer : Provided that no party shall deliver more than one set of interrogatories to the same party, without an order for that purpose. 281. The Court in adjusting the costs of the suit shall, at the instance of any party, inquire, or cause inquiry to be made, into the propriety of exhibiting such interrogatories, and if it is the opinion of the Court that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs, occasioned by the said interrogatories, and the answers, thereto, shall be borne by the paity in fault. Court may order officer of public com- pany to an- swer. 31/4. Scandalous or irrelevant may be struck out. 31/5. Officers of Public Company. 282. If any party to a suit be a body corporate or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or to be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply to the Court for an order allowing him to deliver interrogatories to any member or officer of such corpora- tion, company or body, and an order may be made accordingly. Scandal or Irrelevancy. 283. Any party called upon to answer interrogatories, whether by himself or by any member or officer, may, within four days after service of the interrogatories, apply to the Court to strike out any interrogatory, on the ground that it is scandalous or irrelevant, or is not put bon^ fide for the purposes of the suit, or that the matter inquired after is not sufficiently material at that stage of the suit, or on any other ground. And the Court, if satisfied that any interrogatory is objectionable, may order it to be struck out. To be answered by affidavit. 31/6. Form 23. Answers. 284. . Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the Court allow. may CIVIL PEOCEDUBE. [V. OF 1878.] 789 285. Any objection to answering any interrogatory may be Objection to taken, and the ground thereof stated in the aflHdavit. answer. 286. No exceptions shall be taken to any affidavit in answer, Exceptions to but the sufficiency or otherwise of any such affidavit, objected to as answer on insufficient, shall be determined by the Court on summons. summons. •' 31/9. 287. If any person interrogated omits to answer, or answers Refusal or insufficiently, the party interrogating may apply to the Court for neglect to jin order requiring him to answer, or to answer further, as the case ^^^^i'/iq may be. And an order may be made requiring him to answer, or answer further, either by affidavit or by vivS, voce examination, as the Court may direct. CEAPTER XXIV. Discovery and Inspection. Peoduction of Documents. 288. It shall be lawful for the Court, at any time during the °[^f^*° F'^"' pendency therein of any suit or proceeding, to order the production ^g^ts ^^ gath. by any party thereto, upon oath, of such of the documents in his 31/11. possession or power, relating to any matter in question in such suit or proceeding, as the Court shall think right ; and the Court may deal with such documents, when produced, in such manner as shali appear just. 289. Any party may, without filing any affidavit, apply to Discovery of the Court for an order, directing any other party to the suit to ^°j^™®"*' °° make discovery, on oath, of the documents which are or have been 31/12. in his possession or power, relating to any matter in question in the suit. 290. The affidavit to be made by a party against whom such Objection to order, as is mentioned in the last preceding section, has been made, mad".''''' °^ shall specify which, if any, of the documents therein mentioned, he 31/13. objects to produce. ^'"■"' ^*- Inspection of Documents. 291. Every party to r. suit or other proceeding shall be entitled, inspection of at any time before or at the hearing thereof, by notice in writing, documents re- to give notice to any other party, in whose pleadings or affidavits p^ieadings"' reference is made to any document, to produce such document 31/14. for the inspection of the party giving such notices, or of his ^o^m 25. solicitor, and to permit him or them to take copies thereof ; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit or proceeding, unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other sufficient cause for not complying with such notice. 292. The party to whom such notice is given shall, within ^o^e and time two days from the receipt of such notice, if a]l the documents ° "Iwis""*' Form 26. 790 [V. OF 1878.] CIVIL PEOCEDURE. therein referred to have been set forth by him in such aiSdavit as is mentioned in Section 290, or if any of the documents referred to in such notice have 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 which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, and stating which (if any) of the documents he objects to produce, and on what ground. Refusal or neglect to allow inspec- tion. 31/17. Affidavit for order of inspec- tion. 31/18. Where right to order depends on disputed question. 31/19. Eefusal or neglect to comply with order. 31/20. Eefusal. 293. If the party served with notice under Section 291, omits to give such notice of a time for inspection, or objects to give inspection, the party desiring it may apply to the Court by summons for an order for inspection. 294. Every application for an order for inspection of docu- ments, except in the case of documents referred to in the pleadings 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, and that they are in the possession or power of the other party. 295. If the party from whom discovery of any kind, or inspection, is sought, objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that, for any other reason, it is desirable that any issue, or question in dispute, in the suit should be determined, before deciding upon the right to the discovery or inspection, order that such issue or question be determined first and reserve the question as to the discovery or inspection. 296. If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff", be liable to have his suit dismissed for want of prosecution ; and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended ; and the party interrogating may apply to the Court for an order to that effect, and an order may be made accordingly. Where service of order on solicitor. 31/21. Seevice on Solicitoe. 297. Service of an order for discovery or inspection made against any party on his solicitor shall be sufficient service to found an application for an attachment for disobedience to the order. But the party against whom the application for an attach- ment is made may show, in answer to the application, that he has had no notice or knowledge of the order. CIVIL PROCEDUBE. [V. OP 1878.] 791 298. A solicitor upon whom an order against any party for paUure to discovery or inspection is served, under the last section, who give notice to neglects, without reasonable excuse, to give notice thereof to his =''^'^*- client, shall be liable to attachment, as in case of disobedience of an '^'^^' order of the Court. Putting in Answers. 299. Any party may, at the trial of a suit or issue, use in One or more evidence any one or more of the answers of the opposite party answers may to interrogatories, without putting in the others : Provided always, Pr^go™' that in such case the Court may look at the whole of the answers, 31/23. and if it shall be of opinion that any other of them are so con- nected with those put in, that the last-mentioned answers ought not to be used without them,' it may direct them to be put in. CHAPTEE XXV. Interim Preservation of Property, &c. 'V * tF * TT ^F Preservation of Property. 301. When by any contract a prima facie case of liability is Order for, established, and there is alleged, as matter of defence, a right to be ^^^en made, relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured. Sale of Perishable Goods. 302. It shall be lawful for the Court, on the application of any Court may party to any suit to make any order for the sale, by any person or °^^^^'.„i„ persons named in such order, and, in such manner, and on such terms as to the Court may seem desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to injure from keeping, or which, for any other just and sufficient reason, it may be desirable to have sold at once. Detention and Inspection. 303. It shall be lawful for the Court, upon the application of Court may any party to a suit and upon such terms as may seem just, to make °^^^\2'3 any order for the detention, preservation, or inspection of any pro- perty, being the subject of such suit, and for all or any of the purposes aforesaid, to authorise any person or persons to enter upon or into any land or building, in the possession of any party to such suit, and, for all or any of the purposes aforesaid, to authorise any samples to be taken, or any observations to be made or experiments to be tried, which may seem necessary or expedient for the pur- pose of obtaining full information or evidence. 792 [V. OF 1878.] CIVIL PEOOEDTJRE. Application for order, when. 52/8. 304. An application for an order under Section 301 may b,e made by the plaintiif at any time after his right thereto appears from the pleadings ; or, if there be no pleadings, is made to appear, by affidavit or otherwise, to the satisfaction of the Court. Eecovery of specific^ chattel. Lien thereon, how dealt with. 52/6. Specific Chattel. 305. Where a suit is brought to recover, or a defendant in his statement of defence seeks by way of counter-claim to recover, specific property other than land, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien, or otherwise, as security for any sum of money, the Court may, at any time after such last-mentioned claim appears from the pleadings, or, if there be no pleadings, by affidavit or otherwise to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the suit 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 the Court may direct, and that upon such payment into Court being made, the property claimed be given up to the party claiming it. . Sale of lands for purposes of suit. Sale of Lands. 306. If after a suit shall have been instituted in relation to any immoveable property, it shall appear to the Court that it will be necessary or expedient that the said immoveable property, or any portion thereof should be sold for the purposes of such suit, it shall be lawful for the said Court to direct the same to be sold at any time after the institution of the suit : and such sale shall be as valid to all intents and purposes as if directed to be made by a decree or decretal order on the hearing of such suit ; and any party to the suit in possession of such estate, or in the receipt of the rents and profits thereof, shall be ordered to deliver up such possession or receipt to the purchaser or such other person as the Court shall direct. Annual income of surplus property in suit may be paid. Income of Surplus Property. 307. Where any real or personal property shall form the subject of any proceedings, and the Court shall be satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in any pending suit, it shall be lawful for the Court at any time after the commencement of such proceedings to allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of such property, up to such time as the Court shall direct, and for that purpose to make such orders as may appear to the Court necessary or expedient. CIVIL PEOCEDTJEE. [V. OF 1878.] 793 CHAPTER XXVI. Interpleadee and Trustees. 308. Any defendant, in any suit or proceeding, and although Relief from the titles of the claimants have not a common origin, but are adverse claims, adverse to and independent of one another, may apply to the Court, by summons supported by affidavit, showing that such defendant does not claim any interest in the subject-matter of the suit, but that the right thereto is claimed, or supposed to belong to some other party who has sued or is expected to sue for the same, and that such defendant does not in any manner collude with such other party, but is ready to bring into Court, or to pay or dispose of the subject-matter of the suit in such manner as the Court may direct, calling upon such other party to appear, and to state the nature and particulars of his claim, and maintain or relinquish the same, and if he maintains it, the Court may order him to be sub- stituted for the original defendant or, with the consent of the plaintiff and such other party, may dispose of the question between them in a summary manner, and the Court may order any moneys or property to be paid into or deposited in Court pending the decision of any question between the parties. Relief of Trustees. Paying money into Court. 309. Any Trustee, Executor, Administrator or other person Affidarit on applying for an order to pay, or deliver, money or property to the application to Accountaixt-General of the Court, under Part III of the Civil Law ord°lv^of Ordinance, 1878, shall, before applyiijg for such order, file an i878. affidavit, intituled in the matter of the Ordinance and in the matter of the trust, and setting forth, (a.) his own name and address, and an address for service on him of any petition, notice or proceeding relating to . the trust fund ; (b.) the amount of money or securities, or a description and the value of the property, which he proposes and* pay or deposit in Court to the credit of the trust ; (c.) a short description of the trust, and of the instrument creating it, according to the best of his knowledge and belief ; (d.) the names of the persons interested in, or entitled to, the fund or property, to the best of his knowledge and belief; (e.) the submission of the party applying to answer all such inquiries, relating to the application of the money, securities or property, paid in or deposited under the Ordinance, as the Court or the Judge in Chambers may think proper to make or direct ; and, (f.) in the case of money, whether it is, or is not, in the opinion of the party applying, necessary or desirable that the same should be invested in the meantime. * So in original. 794 [V. OF 1878.] CIVIL PROCEDURE. Order ex parte. Notice to per- sons interested. Bflfect of Order. Suits when to be instituted. 310. The party applying may move for an order ex parte ; and, upon an order being made, shall forthwith give notice thereof to the several persons named in his affidavit, as interested in or entitled to the fund. If any of such persons shall not be within the jurisdiction of the Court, or their place of residence shall be un- known to the party applying, the Court shall give such directions for service of, or notice of, the order, by advertisement or otherwise, as the Court shall think fit. Every order made upon any such petition shall have the same authority and effect, and shall be enforced and subject to re-hearing and appeal, in the same manner as if the same had been made in a suit regularly instituted in the Court ; and, if it shall appear that, any such trust fund cannot be safely distributed, without the institution of one or more suit or suits, the Court may direct any such suit or suits to be instituted. Applications to be by petition. Order for costs. Paying money out. 311. Applications for orders respecting trust monies, securities or property paid in, or deposited in. Court, shall be by petition, to be presented in a summary way, by such party or parties as to the Court shall appear to be competent and necessary in that behalL Costs. 312. Upon any such application the Court shall, unless it shall be of opinion that the payment into Court was improper or un- necessary, make~ such order for payment, out of the fund, of the costs of such payment in or deposit ; and if no application for payment out, or dealing with the fund, be made within six months from the date of the order, the party paying in or depositing may apply, by summons in Chambers, for such order as may seem expedient for his costs. PART V. Motions for judgment, assessment of damage?, undefended causes, Pro- bate and Bankruptcy weekly. Other trials. THE TRIAL OF CAUSES. CHAPTER XX VII. Trials. Sittings of the Court. 313. Sittings of the Court for hearing motions for judgment, for assessment of damages, for trials of undefended cases, for granting Probate and Administration, and for the Bankruptcy business of the Court, shall be held weekly at Singapore and Penang, com- mencing on such day of each week as the Court may fix. All other trials shall be taken at Sittings of the Court to be held monthly, at such times as the Court may fix, at as regular intervals CIVIL PEOCEDURE. [V. OF 1878.] 796 as may be practicable, with reference to the other business of the Court. Provided always that when there is only one Judge of the Court, Pro'fiso. present in the execution of the duties of his office as Judge, such Sittings shall not be held when the Judge is unavoidably absent in the execution of the duties of his office at another Settlement ; nor, except by direction of the Court, when the Court is engaged in the Criminal Jurisdiction. Trials shall be held at Malacca after each Criminal Assizes : and Malacca, at such other times as the presence of a Judge of the Supreme Court, in the execution of the duties of his office of Judge, may permit. Notice of the days for Sittings of the Court under this Section Notice, shall be affixed, on the outer door of the Court House, within a reasonable time before each of such Sittings, and shall be otherwise published in such manner as the Court may direct. 314. All CivU suits shall be heard and determined before one or Trials without more Judges of the Supreme Court, without a Jury. "^36/2. Trial of Causes. 315. Upon the close of the pleadings, or in case the defendant Setting down shall have appeared and stated that he does not require a statement bearing. of claim, and none shall have been delivered within the time limited 36/3. by Section 142, the Eegistrar shall enter the suit in the Cause List ; and the plaintiff may, set down the same on the Trial List Cause List. for trial, at the next or any subsequent monthly Sitting of the Court for the trial of causes, subject to any order of the Court for the earlier hearing or postponement thereof 316. Ten days' notice of trial shall be given, unless the party ^l^^ °^ to whom it is given has consented to take short notice of trial, 36/9. and shall be sufficient in all cases, unless otherwise ordered by the Court.* 317. Short notice of trial shall be 4 days' notice. Short notice. 318. In cases when the trial is for the assessment of damages Assessment of only if the defendant is not within the Colony or Settlement at the ™*ses. time the notice is to be served, or if, for any other reason, service cannot conveniently be effected, the Court may make an order for substituted service of the notice, or may dispense with service of the notice. 319. If the plaintiff does not within Notice of six weeks after the close of the pleadings, or within such extended defendant time as the Court may allow, give notice of trial, the defendant 36/4. may, before notice of trial given by the plaintiff, give notice of trial ; and set down the cause for trial in the same manner as is provided by Section 315 in the case of a plaintiff. * As to countermanding notice of trial, see Kule 1, Order 1, August 1879, Govern- ment Gazette of January 9, 1880, p. 14. 796 Consent. Trial List. [V. OP 1878.] CIVIL PBOCEDUEE. be set down for 320. Causes may, by consent of the parties, trial at any weekly sittings of the Court. A copy of the Trial List for each weekly and monthly sitting shall be affixed on the outer door of the Court House. 51/4. Order of hearing. 23/2. Bemanets. Court may strike out of Cause Book suits not pro- ceeded with. Non-attend- ance of plaintiff. 36/19. Non-attend- ance of defendant. 36/18. Accounts and inquiries ordered although further relief 33. Consolidation. 321. Suits may be consolidated by order of the Court, in the manner in use in England. Cause called on. 322. All causes shall be heard in the order in which they shall have been set down for trial, on the trial list, unless the Court shall otherwise arrange ; but, by consent of the parties, signified in open Court, or by the production to the proper officer of a consent in writing, signed by the parties or their solicitors, any cause may be wholly withdrawn from the list, or its position changed to the bottom of the list, or to any intermediate position in the list beyond the fifth subsequent cause. 323. Causes not fully tried and disposed of at any sittings shall be held to be remanets, and need not be set down anew, nor need further notice of trial be given ; such remanets shall be entered by the .Registrar at the head of the next weekly or monthly trial list as the case may be. 324. In case any suit entered in the Cause Book shall not have been proceeded with, and disposed of, within twelve months from the date of the appearance to the writ of summons, the same shall be struck out of the Cause Book,* and shall not be restored without leave of the Court. Absence. 325. If, when a suit is called on for trial, the defendant appears, and the plaintifl" does not appear, the defendant, if he has no counter-claim may, with the leave of the Court, be entitled to judgment dismissing the suit, but if he has a counter-claim, then he may, with the leave of the Court, prove such claim, so far as the burden of proof lies upon him, or the Court may, in either case make such order as shall seem just. 326. If, when a suit is called on for trial, the plaintiff appears, and the defendant does not appear, then, with the leave of the Court, the plaintiff may prove his claim, so far as the burden of proof lies upon him. Accounts and Inquiries. 327. The Court may, at any stage of the proceedings in a cause or matter, order that any books or documents may be produced or direct that any necessary inquiries or accounts be made or taken by the Eegistrar or other Officer, notwithstanding that it may appear that there is some special or further relief souo-ht for or " Book" in the original, but probably "List" was intended. CIVIL PEOCEDURE. [V. OF 1878.] 797 some special issue to be tried, as to which it may be proper that the cause or matter' should proceed in the ordinary manner ; and in any such case the Registrar or Officer shall proceed to carry all such directions into effect in the manner prescribed ; and his report in writing as to the result of such accounts or inquiries, may be acted upon, or referred back, by the Court, as to the Court shall seem fit. COMPULSOEY AeBITEATION. 328. If it be made to appear, at any time after the issuing of Tower to the writ, to the satisfaction of the Court upon the application of ^j°™^ Irbitra- either party, that the matters in dispute consist wholly or in part tion before of matters of mere account which cannot conveniently be tried in *''">^- ^ the ordinary way, it shall be lawful for the Court, upon such appli- ^ 125 s. 3!° ' cation, to order that such matters, either wholly or in part, be referred to an arbitrator or arbitrators appointed by the parties, or to an officer of the Court, upon such terms as to costs and otherwise as the Court shall think reasonable ; and the award or certificate of such referee, shall be enforceable by the same process as a judgment of the Court upon the matter referred. 329. If it shall appear to the Court that the allowance or dis- Special case T, J. J.- T -i -i. • 1 J. J 1 may be stated, allowance 01 any particular item or items m such account depends ^^^ question upon a question of law or fact fit to be decided by the Court, it of fact tried. shall be lawful for the Court to direct a case to be stated, or an ^- *• issue or issues to be tried ; and the decision of the Court upon such case, or the finding of the Court upon such issue or issues, shall be taken and acted upon by the arbitrator as conclusive. 330. If upon the trial of any issue of fact by the Court under Power to this Ordinance it shall appear to the Court that the questions ^^'^It^'time^' arising thereon involve matters of account which cannot con- of trial, veniently be tried before it, it shall be lawful for the Court, at its s- ^■ discretion, to order that such matter of account be referred to an arbitrator appointed by the parties, or to an officer of the Court, upon such terms as to costs, and otherwise, as the Court shall think reasonable ; and the award or certificate of such referee shall have the same effect as herein-before provided as to the award or certificate of a referee before trial ; and it shall be competent for the Court to proceed to try and dispose of any other matters in question, not referred, in like manner as if no reference had been made. 331. The proceedings upon any arbitration under this chapter Proceedings shall, except otherwise directed hereby or by the submission or ^"fore, and document authorizing the reference, be conducted in the manner arbitrator!"" prescribed in Chapter XXXIX. s. 7. Judgment. 332. Any verdict or judgment obtained where one party does Judgment ex not appear at the trial, may be set aside by the Court upon such seraside'^ ^^ terms as may seem fit, upon an application made within one month 36/20, after the trial. 798 [V. OF 1878.] CIVIL PEOCEDUEE. Court to direct what judgment to be entered. Form 32. 36/22 A. Permission. Trials as in England. 333. Upon the trial of a suit, the Court may, at or after such trial, direct that judgment be entered for any or either party, or may adjourn the case for further consideration, or may state the finding of the Court on the issues of fact, and leave any party to move for judgment. No judgment shall be entered after a trial without the permission of the Court. 334. Trials of suits shall, as far as regards the examination of witnesses and speeches of Counsel, be conducted as in the High Court of Justice in England. Obtained on motion for order to show cause. 39/1 A. Seryioe of order. 39/2. Grounds of new trial. May he granted as to one or more questions only. CHAPTER XXVIII. New Trial. Motion for New Trial. 335. A party desirous of obtaining a new trial, of any cause or matter on which a judgment has been given, must apply for the same to the Court, by motion for an order calling upon the opposite party to show cause, at the expiration of eight days from the date of the order, or so soon after as the case can be heard, why a new trial should not be directed. Such motion shall be made within eight .days after the end of the sittings in which the hearing took place, or within such extended time as the Court may allow. 336. A copy of such order shall be served on the opposite party, within four days from the time of the same being made. 337. No new trial shall be granted except on the ground of surprise, or where 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 manifest miscarriage of justice; pro- vided always that in suits which, under the former practice of the Court would have been instituted in the Equity side of the Court, where a decree directs the performance of several acts, or contains several declai-ations or directions, it shall be lawful for the Court to order a rehearing, upon any one or more of such declarations or directions, when the same do not go to the main issues of the suit, if there is a manifest error upon the face of the decree, or if the question raised by the declaration or direction, in respect of which a rehearing is asked, was not fully argued or gone into in evidence at the time of trial ; or the Court may, upon the hearing of the application for such rehearing, order the decree to be then and there amended without any rehearing. And if the Court shall order any such rehearing upon any such declaration or direction, no fresh evidence shall be taken, unless the Court shall so order. 338. A new trial may be ordered on any question in a suit, whatever be the grounds for the new trial, without interfering with the finding or decision upon any other question. CIVIL PKOCEDURE. [V. OF 1878.] 799 339. An order to show cause shall be a stay of proceedings in Order when the suit, unless the Court shall order that it shall not be so, as to *° oper"*^ ^^ the whole or any part of the suit. ceedings. 39/5. CHAPTER XXIX. Of Judgments m General. Minute. 340. When judgment, final or interlocutory, is entered for Judgment default of appearance or pleading, or under an order to enter ^°^ entered, judgment, the party entering such judgment shall deliver to the proper officer a minute thereof, in the prescribed form ; the minute shall thereupon be filed, with a note thereon of the date of entry, whereupon such judgment shall be deemed to be duly entered, and the particulars of the judgment shall be' entered in the proper book. 341. When any judgment, final or interlocutory, is given by the Minute of Court, a minute thereof shall be made by the officer, at the time Judgment, when the judgment is given. 342. Whenever the Court shall deliver a written judgment, the Written Judg- original or a copy thereof, signed by the Judge, shall be filed in the ™™' '° ^® suit or other proceeding. Instalments. 343. In all judgments for the payment of money, where the Payment by amount sued for does not exceed ^500 the Court may, for any instalments, sufficient reason, and upon such terms, as to security or otherwise, as to the Court may seem just, order that the amount shall be paid by instalments with or without interest. Balance on Set-off or Counter-claim. 344. Where in any suit a set-off or counter-claim is established. Judgment for as a defence against the plaintiff's claim, the Court may, if the balance m case balance is in favour of the defendant, give judgment for the counter-claim, defendant for such balance, or may otherwise adjudge to the defen- 22/10. dant such relief as he may be entitled to upon the merits of the case. I Confession or Consent. 345. Judgment by confession or by consent of parties may be .judgment by entered up at any time. In every such case a memorandum of confession or such confession or consent, and of the particulars of the judgment ^j ''ar'tieT* to be entered, shall be signed, by the parties in the presence of the Form 13. Registrar, or by their solicitors, authorized in writing thereto, and filed in Court. 800 [V. OF 1878.] CIVIL PEOCEDUEE. Deceee Book. Becording of Judgment or Order. 346. Every final judgment, or order of the Court, and every judgment by default, or by confession, or by consent of parties shall be recorded in a book to be kept by the Registrar for the Alphabetical purpose, and to be called the Decree Book ; and the Registrar shall keep an alphabetical index thereof. Deceee. Settling decree. 347. If the judgment is other than for the payment of money, or delivery of any chattel, or the possession of land, or of nonsuit, 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 decree ; and, if any party shall be then dissatisfied with the terms of the proposed decree as finally settled, he shall state his objections in terms, whereupon the Registrar shall adjourn the appointment to settle the judgment or decree into Court, or to the Court in Chambers, for a day then, or subsequently, by notice to the parties, to be named by him. 348. The Registrar, whenever applied to for a decree of the Court, shall issue an ofi&ce copy or office copies of the decree, taken from the Decree Book, under the seal of the Court; every copy of a decree so sealed and issued by the Registrar shall be held to be of the same validity as the original decree in the Decree Book, till shewn to be incorrectly copied. 349. Every final judgment or order, and every judgment by default or by confession or by consent of parties, shall be dated in tlie Decree Book, as of the day on which the same was pronounced or entered up, as the case may be, and shall take effect from that date. Oflioe copies of Decrees. Dating of Judgment or Order. 41/2. Not to bind a purchaser or mortgagee without notice, unless registered. 2 & 3 Vict, t. 11, s. 7. Entry in Book. Duration. Lis Pendens. 350. No lis pendens shall bind a purchaser or mortgagee without express notice thereof, unless and until a memorandum or minute, containing the following particulars shall be left with the Registrar at the Settlement or Settlements where the property is situate, that is to say, the name and the usual or last known place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the Court, the title of the suit or in- formation, and the day when the writ of summons or information was filed, and a description (with reasonable certainty) of the property to be afiected by such lis pendens. 351. The Registrar shall forthwith enter the said particulars, with the date on which the same were delivered to him, in a book, to be called the Register of Lis Pendens, to be kept for the purpose, and such book shall ^e open for search at any time without fee. Such lis pendens shall remain in force for the period of one year CIVIL PEOCEDURE. [V. OF 1878.] 801 from the date of the entry thereof in such book ; but it shall be lawful for the Court, on the application of the Plaintiff or other party interested, to order the entry to be renewed, from time to time, for such period, not exceeding one year, as the Court may think fit ; and, upon any such order being made, the particulars shall be entered anew in the said book, with a note that the same Renewal, have been so entered by order of the Court, and of the period for which the same is to remain in force. 352. Any such entry of a lis pendens may be discharged upon a E^try how memorandum in writing signed by the party entering the same, '" ^^^^ in the presence of and attested by the Registrar or a Solicitor of the Court ; and the Court may, upon the application by summons of any person interested in the property affected by any lis pendens, order such lis pendens to be discharged, if the suit or information shall appear to be concluded, or if the plaintiff shall not prosecute the same with due diligence, or if, for any other reason, it shall seem right that the same should be discharged. PART VI. EXECUTION. CHAPTER XXX. General Rules. Six Yeabs. 353. As between the original parties to a judgment, execution Execution may . , . . , -L . . *■ /. , r j> ii issue within may issue at any time within six years irom the recovery oi the gj^ yg^rs. judgment. 42/I8. 354. Where six years have elapsed since the judgment, or any I-apse o£ time change has taken place by death or otherwise in the parties entitled ^"ties.^^ ^' or liable to execution, the party alleging himself to be entitled to isjio. execution may apply to the Court for leave to issue execution accordingly. And the Court 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 question necessary to determine the rights of the parties, shall be tried in any of the ways in which any question in a suit may be tried. And in either case the Court may impose such terms, as to costs or otherwise, as shall seem just. Where not a Party. 355. In cases other than those mentioned in Section 353 any Persons not person not being a party in a suit, who obtains any order, or in l^^^^ '° ' ^ whose favoui" any order is made, shall be entitled to enforce obedi- 42/21. ence to such order by the same process as if he were a party to the suit ; and any person not being a party in a suit, against whom 3 E 802 [V. OF 1878.] CIVIL PROCEDURE. obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to such judgment, or order, as if he were a party to the suit. Relief from Judgment on grounds arising sub- sequently. 42/32. Belief. 356. Any party against whom judgment has been given, may apply to the Court for a stay of execution or other relief against such judgment, upon the ground of facts which have arisen too late to be pleaded ; and the Court may give such relief and upon such terms as may be just. Stay of execution in general. Stay 'OF Execution. 357. The Court may at any time, upon reasonable cause being shown, stay or set aside any writ of execution, on such terms as justice may require. Execution against sureties. Sureties. 358. Whenever a person has become liable as security for the performance of a Decree, or of any part thereof, the Decree may, by leave of the Court, be executed against such person to the extent to which he has rendered himself liable, in the same manner as a Decree may be enforced against a defendant. Execution against a firm, 42/8. Partners. 359. Where a Judgment is against partners in the name of the firm, execution may issue iu manner following : — (a.) against any property of the partners as such. (b.) against any person who has admitted on the pleadings that he is, or has been adjudged to be, a partner. (c.) against any person who has been served, as a partner, with the writ of summons, and has failed to appear. If the party who has obtained judgment claims to be entitled to issue execution Costs of execution. In cases of doubt Regis- trar may take direction of Court. against any other person, as being a member of the firm, he may apply to the Court for leave to do so ; and the Court may give such leave, if the liability be not disputed ; or, if such liability be disputed, may order that the liability of such person be tried and determined, in an issue to be settled by the Court, between the plaintiff and such person. 360, The party enforcing a decree shall be entitled to recover the costs of execution, unless the Court shall otherwise order in cases where costs shall have been needlessly incurred, 361. The Eeglstrar, upon being satisfied that a person applying for execution is entitled thereto, shall 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 writ.' CIVIL PEOCEDUKE. [V. OF 1878.] 803 362. Where a Decree directs payment of money by instalments, Where pay- execution shall not issue until after default in payment of some ™™* ordered instalment ; and execution or successive executions may then •*' '°^*^ ™ents. issue for the whole of the money, and costs, then remaining unpaid. CHAPTER XXXI. Decrees foe Payment of Money. Execution against Lands. Writ. 364.* When a decree holder desires to enforce a decree for the Writ of payment of money against the immoveable property, whether Execution, freehold or leasehold, of a judgment debtor, he may cause a Writ, Form 33. in the prescribed form, to be issued; and such Writ shall be indorsed with a description of the property intended to be taken in execution, and shall call upon the judgment debtor, and aU other persons interested in the said property, to appear, on a day to be named therein, and show cause why the said property should not be sold under such execution. Registration. 365. The Writ shall be registered in a book, to be kept for the Writ to be purpose by the Registrar, to be called the "Executions against registered. Larids Book," and any person may search such book at any time, without payment of any fee. 366. Such Registration shall remain in force for six months, or To remain in for such further time as the Court may in any case order ; provided force tor six that any order extending the time shall be also registered, 367. Upon such registration the decree holder shall be deemed Decree-holder to have a charge upon the judgment debtors' interest (if any) in q° the^iand^^^ the property described in the writ, for the amount of his judgment debt, interest and costs, ranking after any bona fide mortgage or charge executed prior to the date of such registration, and after any writ of execution registered prior to the registry of his execution and then remaining registered. Provided always that if the Property in property mentioned in the writ, or any part of it, be situate in any another Settle- Settlement, other than the one in which the writ is issued, the ™®"*' same shall not bind such property situated out of the Settlement in which the writ is issued, until the same be registered in the " Executions against Lands Book " in the Registry at the Settle- ment where the property is situated. * Section 363 was repealed by the Interest on Judgment Debts Ordinance, 1884 (Ordinance 11 of 1884), s. 2. 3e 2 804 [V. OF isrs.] CIVIL PKOCEDUEE. Writ return- able in Cham- bers. Return of Writ. 368. The writ shall be returnable in Chambers, and shall be served' in the manner hereinbefore provided for writs of summons, If the writ cannot be served before the return day named therein, it may be amended by the Registrar, fiom time^ to time, by the substitution of another date for the appearance of the Debtor. If debtor do ' not appear Court may order arrest. Debtors and others to be examined. Examination of Debtor, &c. 369. Upon the return of the writ, if the judgment debtor having been duly served do not appear, the Court may make an order for his arrest ; and, on his being brought up, may commit him to prison, for such time as to the Court may seem fit. 370. The Court may, upon the return of the writ, or at any adjournment thereof, examine the judgment debtor touching his title to the said property, and may summon any person alleged to be an incumbrancer thereon, or an assignee thereof, to appear before the Court, to be examined as to his alleged incumbrance or assign- ment, and may order the title deeds of the property to be brought into Court. Court may order sale. Order foe Sale. 371. If satisfied that there is a good title to the property, or any part thereof, in the parties then before the Court, or some or one of them, the Court may direct the property, or such part of it, to be sold by auction by the Sheriff, and the Sheriff shall cause the property to be sold by auction, subject to the provisions of this Ordinance, but otherwise in the manner heretofore in use in the case of executions against lands. What it binds. Beport to Court. Conveyance by Sheriff. 372. The Sheriff shall make and execute a good and valid con- veyance or conveyances of the property sold, to the purchaser or purchasers, which conveyances shall bind and convey all the estates and interest of all parties then before the Court ; and he shall re- port the result of such sale to the Court, and shall dispose of the proceeds of such sale as the Court may direct. When debtor not before the Court. Order for sale and Inquiries. 27 * 28 Vict. «. 112. When Debtor does not appear. 373. If the judgment debtor shall not appear or be brought before the Court, or if the Court shall not be satisfied that there is a good title to the property, or some part of it, in the persons then before the Court, or if for any reason the Court shall see fit so to do the Court may make an order for the sale of the judgment debtor's interest in such property ; and thereupon the Court shall direct all such inquiries to be made, as to the nature and parti- culars of the debtors' interest in such property, and his title thereto, as shall appear to be necessary or proper : and in making such CIVIL PROCEDURE. [V. OF 1878.] 805 inquiries, and generally in carrying into effect such order for sale, the practice of the Court, with respect to sales of the immoveable property of deceased persons for the payment of debts, or in administering the estates of deceased persons, shall be adopted and followed, so far as the same may be found conveniently applicable. Other Incumbrancers. 374. If it shall appear, on making such inquiries, that any other Incumbrancers mortgage, or other debt, charge or incumbrance, is or is alleged to *° ^^ served be a charge on such property, the creditor entitled to the benefit of ^der°and ^ such charge, (whether prior or subsequent to the charge of the bound thereby.. petitioner,) shall be served with notice of the said order for sale ; and shall, after such service, be bound thereby, and shall be at liberty to attend the proceedings under the same and to have the benefit thereof; and the proceeds of such sale shall be distributed among the persons who may be found entitled thereto, according to their respective priorities. Every person claiming any interest in such land through or Person under the debtor, by any means subsequent to the , registry of such f ^?'°^ under writ as aforesaid, shall be bound by every such order for sale, and bound, by all the proceedings consequent thereon. Trial of Issues. 375. It shall be lawful for the Court, in any proceedings under Issues to try the said writ or order, to entertain any question or allegation that qiest'oos of any alleged assignment, mortgage or charge is fraudulent or col- collusion, lusive, and to direct an issue or issues to be tried to decide the same, in the manner provided for trying interpleader issues. Sequestration. 376. If, upon any proceedings under a writ of execution, or When debtor order made thereupon, the judgment debtor shall not appear, or ^°^^ ™' if the Court shall otherwise be unable to ascertain in whom the proceed by^ property is vested, it shall be lawful for the Court, upon being sequestration, satisfied that tl^ere is primS, facie reason to believe that the pro- °^ "oti=e- perty in fact belongs to the judgment debtor, (whether subject to a mortgage or not,) to issue a writ of sequestration against the said property, or to direct notice of the order for sale to be affixed to, or set up upon, some conspicuous part of the premises, or served on the tenant or person in apparent possession of the property, with an intimation therein that, at the expiration of three months from the date thereof, the property may be sold J or by some or all of such ways or otherwise, to give notice to all persons interested in the property of the effect of said order. Sale on Sequestration. 377. Upon the expiration of three months from such seques- After three tration or notice, the Court may make an order for sale, and for °^°°t^S' ^^^^ the execution of the conveyance by the Registrar ; and such convey- ^36^^ and ance shall operate as a valid and effectual conveyance of the pro- Registrar convey. 806 [V. OF 1878.] CIVIL PROCEDURE. Saying rights of Crown and ground laud- lord. Proceedings. perty according to the nature or tenure thereof. Provided always, that such conveyance shall not affect the rights of the Crown, or of the ground landlord when the property is held under a beneficial lease for more than Fifty years at its date. 378. All proceedings under this Chapter shall be had, and all writs and orders shall be returnable in Court, or in Chambers ; but any application may be adjourned into Court, if the Judge in Chambers shall think fit. Claims to pro- perty seized. Interpleader summons. Form 34. Judgment creditor to he served. Interpleader. 379. When any property of any kind shall be seized in exe- cution under any decree or order in any suit or proceeding, which is claimed by any person other than the judgment debtor, such claim may be determined by the Court in a summary way, upon an interpleader summons, to be taken out by such claimant, against the party prosecuting the decree or order, or by the Sheriff against such claimant. Provided always that the Court may, on the hearing of such summons, make such order for the trial a,nd deter- mination of the rights of the parties as it shall think expedient, and for the custody, or sale in the meanwhile, of the property in dispute, and the costs thereof A copy of every sv/mmons issued under this section shall he served on the judgment creditor. CHAPTER For possession of lands or 48. moveable chattels. 49. Forms 35 and 36. For specinc performance of contract. Execution of Decrees other than for Payment of Monet. Writs of Possession and Delivery. 380. If the decree be for the possession of lands and tenements, the Registrar may, on filing of a prsecipe for that purpose, issue a writ of possession, and the Decree-holder shall be put in possession, if necessary by the Sheriff or other proper officer ; if the decree be for the delivery of any specific moveable chattel, the Registrar may issue a writ of delivery, and, if necessary, the chattel shall be seized by the Sheriff, and delivered to the party to whom it shall have been adjudged, or alternative damages, if decreed, may be levied. Specific Performance. 381. If the decree be for the specific performance of any con- tract, and the party ordered to carry out the contract shall neglect or refuse so to do, he may, on the application of the Decree-holder, be dealt with in the manner hereinafter provided in the case of a person guilty of disobedience to a decree ; or, if alternative damages be awarded, execution may issue for the amount thereof, as in the case of a decree for money. QIVIL PROCEDURE. [V. OF 1878.] 807 Execution of Deed, &c. 382. If tbe decree be for the execution of a deed, or signing of a For execution document, or for the endorsement of a negotiable instrument, and endoreement the party ordered to execute, sign or endorse such instrument, shall of negotiable be absent or shall neglect or refiise so to do, any party interested in instrument, having the same executed signed or endorsed, may prepare a deed or document or endorsement of the instrument, in accordance with the terms of the decree, and tender the same to the Court for exe- cution, upon the proper stamp (if any is required by law), and the signature thereof, by the Eegistrar by order of the Court, shall have the same eifect as the execution, signing or endorsement thereof, by the party ordered to execute. Nothing herein contained shall be held to abridge the powers of Attachment the Court to proceed by attachment for contempt, against any ^^ ^°* signing, person neglecting or refusing to execute, sign or indorse any such instrument. CHAPTER XXXIII. Disobedience to a Decree, Attachment, Sequestration. Order to show Cause. 383. Where the decree is one directing money to be paid into Application Court, or some other act to be done in a limited time, and the f^ order to person directed to do the act refuses or neglects to do it, according to the exigency of the decree, the person prosecuting the decree may apply to the Court for a writ of attachment, or for an order on the person disobeying such decree to show cause why he should not be punished for the disobedience. The Court may, in its dis- cretion, issue the writ at once, or in the first instance make such order as aforesaid. 384. An office copy of the order shall be served by the Sheriff" Ser^ce of on -the party to whom the order is directed. The service shall be °^ ^^' personal, unless the Court shall be satisfied that, for any reason personal service cannot be effected ; in which case the Court may make an order for substituted service. Attachment. 385. On the return-day of the order, if the person to whom it is i^lefauU^oi directed does not attend, and if the Court is satisfied that the order appearance, has been duly served, the Court may order that a writ of attach- ^°™ ^''■ ment do issue against him. 386. The Court may enlarge the time for the return to the order, o°i^®e^for°* or may, on the return of it, direct that the writ of attachment shall return to issue only after a certain time and in the event of his continued dis- order, obedience, at that time, to the decree in respect of which he has been guilty of disobedience. 808 [V. OF 1878.] CIVIL PEOCEDUEE. Proceediug on non- appearance. Fine or com- mitment to prison. Conditional order of commitment. Security. Warrant of Commitment. Appearance. 387. If the person against whom such order shall have beeu made shall not establish a sufficient excuse for not attending, or if he attends and does not show cause, to the satisfaction of the Court,, why he should not be punished for the disobedience the Court uiay order him to pay such fine, or to be committed to prison for such time, as the Court directs, or both. Commitment. 388. The Court may order that a person committed to prison, for disobedience to a decree, shall be detained in custody until he has obeyed the decree, in all things that are to be immediately performed, and given such security as the Court thinks fit, to obey the other parts of the decree (if any), at the future times thereby appointed. 389. Whenever any order of commitment shall have been made,, the Registrar shall issue, under the seal of the Court, a warrant of commitment directed to the Sheriff who, by such warrant, shall be empowered to take the body of the person against whom such order shall be made ; and all peace-officers, within their several juris- dictions, shall aid in the execution of every such warrant ; and the keeper of every prison mentioned in any such order shall be bound to receive, and keep therein, the person against whom such order of commitment shall have been made, until he shall be discharged by due course of law. Court may order. 47. Form 38. Powers of Sheriif under the writ. Weit of Sequesteation. 390. In case the person against whom a writ of attachment has issued, is not and cannot be found, the Court may make an order that a writ of sequestration do issue against his property. 391. The writ shall be directed to the Sheriff who shall be com- manded and empowered to enter upon all the messuages, lands, tenements and real estate of the person against whom the writ shall issue, and to collect, take and get into his hands, not only the rents and profits of the said real estate, but also all his goods, chattels, and personal estate, and detain and keep the same under sequestration in his hands, until he shall appear before the Court and clear his contempt, or the Court shall make other order to the contrary ; and the Court may order the payment, out of the pro- ceeds of such sequestration, of all charges attending. the execution thereof. CIVIL PEOCEDUEE. [V. OF 1878.] 809- CHAPTER XXXIV. Examination of Judgment Debtors. 392. Where a decree for the payment of money remains wholly -^''rest or or in part vMsatisfied {whether a writ of execution has issued, T^qment^' or not), the Court may order that the debtor he arrested and Form 40. brought before the Court, at such time as it may order, for examination as hereinafter provided,, if it appear to the Court that there is probable reason for believing, having regard to his cond/uct, or the state of his affai/rs, or otherwise, that he is likely to leave the Colony, or Settlement, with a view of avoiding pay- ment of such money, or of avoiding service of a bankruptcy petition, or of avoiding appearing to such petition, or of avoid- ing examination in respect of his affairs, or otherwise avoiding, delaying, or embarrassing the decree-holder, or proceedings in bankruptcy. Provided always, that nothing herein contained shall be con- Proviso, strued to alter or qualify the right of the debtor to apply to the Court to rescind the said order, or to pay, secure, or compound for the said debt within the time by law provided, without being deemed to have com/mitted an act of bankruptcy ; and provided also, that upon such payment or composition being made, or security offered as the Court shall think reasonable, the said debtor shall be discharged out of custody, unless the Court shall otherwise order. No payment or com/position of debt made, or security for the Fraudulent same given, after an arrest made under this provision, shall he preference, exempted from the provisions of the Bankruptcy Ordinance, i870, Ord.xxiof relating to fraudulent preferences. ^^70. 393. Any decree-holder, instead of applying for a writ of Summons attachment under the last precee paid. JException. No Fees. 461. No fee shall be taken by any Advocate and Solicitor so assigned, nor shall any fees of Court be demanded by any officer of the Court from any person applying or admitted to sue or defend as a pauper ; but if he succeed, and costs should be awarded to be paid by his opponent, then the Advocate and Solicitor so assigned shall be entitled to, and shall receive, all such fees as the Registrar of the Court shall allow to hira on taxation, and such Court fees as would in other cases be chargeable shall be charged and recovered. Loss of ■priTilege by .misconduct. Loss OF Privilege. 462. Any person having been admitted to sue or defend as a pauper, and becoming of ability during the progress ol the cause, or misbehaving himself therein by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall, on the same being shown to the Court, be deprived of all the privileges of such admission. CHAPTER XLI. Court may award costs in its discretion. "ProTiso as to trustees, mortgagees, .&C. 55. Costs. Power of Court as to Costs in genebai. 463. The costs of the whole suit, and of each particular pro- ceeding therein, and of every proceeding before the Court, shall be in the discretion of the Court ; and the Court shall have full power to award and apportion costs in any manner it may deem proper : Provided always that nothing herein contained shall deprive a trustee, mortgagee, executor or other person of any right to costs out of a particular estate or fund, to which he would be entitled according to the rules hitherto acted upon in equity. ■What is included iu the costs. Costs to include. 464. Under the denomination of costs are included the whole of the expenses necessarily incurred by either party on account of the suit, and in enforcing the Decree made therein; such as the expense of summoning the parties and witnesses, and of other process, or of procuring copies of documents, law cost's, charges CIVIL PBOCEDUEE. [V. OF 1878.] 825 of witnesses, and expenses of Commissioners, either in taking evidence or in investigating accounts. Security for Costs. 465. The Court may, if in any case it deems fit, require a Where plaintiff plaintiff who may be out of the Settlement, either at the com- g"*j,°fj^^, mencement of any suit or at any time during the progress thereof, to give security for costs, to the satisfaction of the Court, by deposit or otherwise ; and may stay proceedings until such security be given. Settlement. CHAPTER XLII. Change of Solicitors. 466. If any party to a suit or proceeding, having sued or de- sui,se™ently fended in person, shall at any stage of such suit or proceeding, appointed, desire to appear by solicitor, such solicitor shall deliver to the Registrar a memorandum in the prescribed form, and thereupon the Registrar shall file the same and enter a note thereof, in the Appearance book, with the date. 467. If, at any stage of any suit or proceeding, a party shall ggii^for" desire to change his solicitor, the Registrar, upon a memorandum Form 44. in writing, of the change of solicitors, signed by the present solicitor upon the record, and by the proposed new solicitor, being delivered to him, shall enter a note of such change, with the date thereof, in the Appearance book. 468. If any solicitor for any party shall refuse to sign a memo- randum of change of solicitor, upon being requested in writing by his client so to do, the client may apply to the Court by summons, for an order to change solicitors ; and the costs of such application shall be in the discretion of the Court. Refusal to sign. New Solicitor' costs. 469. /. After a change of Solicitors, the new Solicitor shall not be entitled to any costs, for or in respect of matters done by him i/n the svAt or proceeding, till his name is entered on the record. II. When a Solicitor is discharged, either by himself or by his ^^^iclto-^* ""^ client, an entry of the discharge shall forthwith be made by him, in the Appearance Book, subject to the orders of the Court if the client objects to the discharge, and applies to the Court by summons to cancel the discharge. III. A Solicitor's name is said to be entered on the record in a ^^g„ o„ ^^g suit or proceeding when a/ny docu/ment is filed i/n the suit or pro- record, eeeding, in which document the name of the 'Solicitor appears as acting for a client, who is a party to, or interested in, the suit or proceeding ; or when a warrant or authority to the Solicitor to act for any such client is filed im the Registrar's office. 826 [V. OF 1878.] CIVIL PROCEDURE. To be by Petition. Form 45. Petitions how framed. CHAPTER XLIII. Probate and Administration. Applications. 470. AH applications to the Court for probates of wills, or letters of administration of the estates of deceased persons, shall be by petition addressed to the Court, and entitled in the matter of the goods of the deceased person. 471. Petitions for probates of wills, or letters of administration with the will annexed, or for letters of administration of the estates of intestates, and whether general, de bonis non, cessate, limited, ad colligendum or otherwise shall state in concise terms ; (a.) the name and place of residence of the testator or intestate ; (b.) the date and place of his death; Applications by Guardian or Attorney. (d.) in what manner or capacity the applicant claims to be en- titled to probate or letters of administration, with the name and addresses, so far as they are known to the applicant, of all persons having a prior right to such probate ov administration ; (e.) the nature of the grant applied for. 472. When the applicant applies as guardian of any infant, or attorney of another person, the manner of his appointment shall be shortly stated in the petition. WiU to be filed. Translations of Wills in foreign languages. Wills. 473. In applications for probates or letters of administration with the will annexed, if the will, codicil or other document sought to be proved is not already in Court, the original will, or document propounded as a will, and all codicils thereto, or, if the same has or have already been proved in any other Court, an official copy under the seal of such Court, shall be filed with the petition. If there is no will the petition shall contain an allegation to that effect'. 474. In case of wOls, office copies of wills, or other documents in a foreign language, there shall be filed therewith a translation thereof, certified by a sworn interpreter of the Court ; or, if there shall be no interpreter attached to the Court sworn to interpret in the language in which the will or other document is written, the CIVIL PROCEDUKE. [V. OF 1878.] 827 translation shall be verified by the aflSdaAat of some person qualified to translate the same. 475. Every Petition shall be accompaDied by an affidavit by the Petitions to be applicant of the truth thereof. verified. Caveats. 476. Any person having interest may, at any time after the ^^° ™^y ^^«- death, file in the Registry a caveat, in the prescribed form, so that Form 46. no grant of probate of a will, or letters of administration of the estate of the deceased person, may be granted without notice to him ; and such caveat shall contain an address for service upon the caveator, within two miles from the Court House at the Settlement where such caveat is entered. 477. The Registrar at each Settlement shall, forthwith upon a ^jj^t^^g^'^^J"* caveat being filed in his Registry, enter the same in a book to be ^oot at each kept for the purpose ; and shall forward a copy of such entry to the Settletaent. Registrars at the other Settlements, who shall cause an entry thereof to be made in their Caveat books. 478. The Caveat books shall be open for inspection by any Search, person. 479. If any caveat shall be entered, after the filing of a Petition Notice of for probate or administration, the Registrar shall cause notice <=aveattohe thereof to be given to the petitioner or his solicitor forthwith. Petitioner. Citations. 480. Upon filing a petition for probate or letters of administration Citations to the applicant shall cause citations, in the prescribed form, to be c;obnT ™ * ^ issued and served upon p^^.^ ^^ (a.) all persons in the Colony having a prior right to such probate or administration, and who have not, by an instrument in writing, filed in the Registry, or otherwise, duly renounced such probate or letters of administration ; (b.) any person or persons who shall have entered any caveat against such grant. 481. If any person having a prior right to probate or adminis- if persons tration shall not be resident within the jurisdiction, or his place of Qo^ionT'^or residence shall not be known, the applicant shall, and if the persons numerous having prior or equal rights are numerous, or if for any other parties, reason it would cause great or undue expense to cite aU of them, the applicant may apply to the Court ex parte by summons, and application for upon affidavit stating the facts to the best of the applicant's know- direction, ledge and belief, for directions for citations ; and the Court may thereupon make such order for the service of citations upon such persons, or may dispense with service, or may direct such notice by advertisement or otherwise to be given, as in each case may seem requisite. 828 [V. OF 1878.] CIVIL PROCEBUEE. Service of citations. Appearance. The service of citations shall be subject to the same rules as are herein provided for the service of writs of summons.* Appearance. 482. Any person served with a citation, or, in case the Court shall have ordered a general notice to be given, having or claiming interest, may within eight days, or such other time as may be 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 sum- mons in ordinary suits. No appearance, application ex parte. Ord. III. of 1878. Non-Appearance. 483. If no appearance shall be entered the applicant may, at any time after the time for entering appearance to all the citations, or notices of citation issued in the matter, shall have expired, or, if no citations or notices of citation shall have issued, at any time after eight days from the filing of the petition, apply to the Court for such proliate or administration as is asked for in the petition ; and 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 may have been made, and upon hearing such other evidence as may be necessary, make such order for the granting of such probate or administration, or otherwise, as to the Court may seem just or expedient, subject to the provisions of the Courts Ordinance, 1878, Chapter IV, or of any other law for the time being in force. Upon appear- ance suit com- menced. Suit on Appearance. 484. Upon an appearance to any citation or notice being en- tered, a suit shall be deemed to have commenced, in which the petitioner shall be called the plaintiff and the party or parties appearing shall be called the defendant or defendants. Statement of defence. After state- ment of defence, suit to proceed as or£nar}' suit by writ. Pleadings. 485. Each defendant shall, without further notice, and within eight days from the date of his appearance, file his statement of defence which shall state clearly the interest of the defendant, and the grounds upon which he opposes the grant applied for, and also whether he claims such or any other grant to himself; and there- after, and in case of default in filing such statement of defence, the suit shall proceed and be governed by the Eules of procedure herein, or by any Rules hereafter to be made in respect of suits commenced by writ of summons. * As to practice in serving citations, see Kule II, Order I, August 1879, Government Gazette of January 9, 1880, p. 14. CIVIL PEOCEDUEE. [V. OF 1878.] S29 Limited Caveats. 486. A person entering a caveat may state therein that he merely Caveat to insists upon the will being proved in solemn form of law, and only so°e™n"(,i.m intends to cross-examine the witnesses produced in support of the only, or will ; or that he merely intends to apply for an order that the *at the sureties of the intended administrator shall justify, and in such case ^„g^f ^^ ^^^ no citation shall be issued to him, but the applicant shall cause at least two days' notice to be given to such caveator, of any appli- cation to the Court for probate or administration ; and the caveator shall thereupon be at liberty to 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, as the case may be, at his own expense, but he shall not be liable to pay any costs to the applicant. Consolidation. 487. If several persons shall enter separate appearances, a,ny Court may party may at any time after the time for entering appearances has °'^^^'"- expired, apply to the Court by summons, for directions to proceed ; and thereupon the Court may make such order for the consolidation of defences, or otherwise, as may seem expedient. Oedees to Peopound. 488. Whether any suit or proceeding shall, or shall not be bringing iu pending in the Court with respect to any probate or administra- ^^^^^ **"*'*' tion, the Court may, upon the application of any person by summons, supported by affidavit shewing that any paper wj-itin^ being or purporting to be testamentary, is in the possession or under the control of anj'^ person, order such person to produce and bring such paper writing into the Registry ; or, if it shall not be shewn that any such paper writing is in the possession or under the control of such person, but it shall appear that there are reasonable grounds for believing that he has knowledge of any such paper writing, the Court may order such person to attend, for the purpose of being examined in Court or in chambers, or upon inteirogatories, respecting the same ; and upon such examination, the Court may make such order as the circumstances of the case shall require. 489. Upon any person bringing into the Registry any will, or Receipt to be paper purporting to be testamentary, the Registrar shall grant him S''^°'«^- a receipt for the same. Citations to accept Peobate, &c. 490. Any person having or taking any interest in the estate of Citation to a deceased person, under his will, or as one of his next of kin, or as ^""^v^ °'-' 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 execu- 830 [V. OF 1878.] CIVIL PEOCEDURE. How issued. Appearance. Consequence of non- appearance. tors or residuary legatees or legatee, or any other person or persons having a prior right to such probate or administration before him- self, calling upon the person cited to accept or refuse such probate or administration. Such citation shall be issued by the Registrar upon an affidavit of the party applying, or of some other person shewing the interest of the applicant, and the right of the person to be cited, and shall be served in manner herein provided for citations on petition. If the person to be cited shall not be resident within the Settle- ment in which the citation is issued, the Registrar shall take the directions of the Court as to the time when the same shall be made returnable. The person served with a citation under this section may, if he intends to apply for probate or administration, enter an appearance to the citation in manner herein provided in respect of other citations ; but, if he shall 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 adminis- tration ; and, if he shall appear but shall 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 shall apply for such probate or administration, and duly prosecute such application, within such time as the Court may name, such person shall be deemed to have renounced the same. Applications to set aside, recall, or cancel grant, by Rule nisi. Return of Rule. Hearing of Probate suits. Revocation. 491. Applications to set aside, recall, or cancel grants of pro- bates or letters of administration shall be made by motion, sup-, ported by affidavit setting out the facts,* calling upon the executor or administrator to show cause why such probate or adminis- tration should not be set aside, recalled, or cancelled. The Court may in any such order direct that such executor or adminis- trators shall, within a time to be named in the order, bring into the Registry the probate or letters of administration granted to him. Upon the return of the order, the Court may adjudicate upon the matter, either then or at some future time, without any plead- ings ; or it may direct pleadings to be filed ; and thereupon the party, seeking to set aside, or have recalled or cancelled, such probate or administration, shall, within eight days, or such other time as the Court may allow, file his statement of claim ; and thereupon a suit shall be deemed to have been commenced, in which the person seeking to set aside, or have recalled or cancelled such probate or administration, shall be Plaintifi", and the executor or administrator Defendant ; and such suit shall proceed and be carried on in all respects in manner herein provided for probate suits. 492. Upon the hearing of any probate suit the Court may order that probate or administration be granted to any person * Some such words as "for an order" appear to have been here omitted from the original. CIVIL PEOCEDUEE. [Y. OF ISTS."" 831 appearing entitled to the same, without his filing any petition therefor. Oath and Secueity. 493. Upon the gi-ant of any probate or administration, the Oath and party taking the same shall take the usual oath ; and, in the case Security. of administrations, shall give the usual security, according to the practice hitherto in use, or as any Rules of Court hereafter to be made may direct. CHAPTER XLIV. Settled Estates, Leases, and Sales. Applications. 494. Every application for a lease, or sale, of a settled estate Applications shall be by petition, and may be made by, or on behalf of, any ^^ Petition, person having a substantial interest in the estate ; and any person interested therein may signify his consent to the prayer of the petition, by a writing on, or filed with, the petition that he consents Consents may thereto, signed in the presence of the Registrar or of a Solicitor, te endorsed. who shall certify the signature. 495. The petition shall contain such information as to the Contents of settlement, and the parties interested therein, and as to the course Petition, proposed to be adopted, as will furnish the Court with suflBcient means to decide on its prayer. 496. Notice of, or a copy of, every such petition shall be served Notice or copy on such persons as the Court may direct ; but the Court may dis- *° ^^ served. pense with service of such notice or copy of the petition, [if] the persons to be served cannot be found, or in case it shall be uncertain Court when whether they be living or dead, or in case it shaU appear to the ™^y dispense Court that such notice or copy cannot be served on the persons, ^^^ semce. without expense disproportionate to the value of the subject matter of the application ; and in any such case the Court may dispense with such service, and such persons shall thereupon be deemed to have submitted their rights and interests to be dealt with by the Court. Any orders made by the Court, on any such application, shall be Orders to be recorded on the settlement, or in such other way as the Court may recorded. direct. Infants, Lunatics, Bankeupts, &c. 497. All powers given by Part IV of the Civil Law Ordinance, Ord. iv. of 1878, and all applications to the Court under this Chapter, and proceedings consents to, and notifications respecting, such applications, may be by and against executed, made or given by, and all notices and copies under this guardians, and Chapter may be given to, guardians on behalf of infants, and by or andTrusTees or assignees. 832 [V. OF 1878.] CIVIL PHOCEDUEE. Court may appoint guardians. to committees on behalf of lunatics, and by or to trustees or assignees of the property of bankrupts, debtors in liquidation or insolvents ; and the Court may appoint guardians of infants, for the purposes of this Chapter, in the manner prescribed by Section 82 of this Ordinance. To be examined as to knowledge and desires. Separate use not to restrain Court. No forfeiture. Examination when in the Settlement. Examination if out of the Settlement. Married Women. 498. Where a married woman, whether of fuU age or not, shall apply to the Court, or, being a person whose consent may be con- sidered by the Court to be necessary, shall consent to an application to the Court, under this Chapter, she shall first be examined, apart from her husband, by such officer or person as the Court may appoint, either generally or for the special occasion, touching her knowledge of the nature and effect of the application ; and it shall be ascertained that she freely desires to make, or consent to, such application ; and such examination shall be made whether the property is settled in trust for her separate use independently of her husband or not ; and no clause or provision in any settlement restraining anticipation shall prevent the Court from exercising, if it shall think fit, any of the powers given as to leases and sales of settled estates ; and no such exercise shall occasion any forfeiture, any thing in the settlement contained to the contrary notwith- standing. 499. The examination of such married woman, when resident at the Settlement, shall be made, either by the Court or by some officer or person appointed by the Court for that purpose ; who shall certify under his hand that he has examined her, apart from lier husband, and is satisfied that she is aware of the nature and efiect of the intended application, and that she freely desires to make, or consent to, the same. If any married woman so to be examined is at another Settle- ment, or out of the Colony, her examination may be made by any person appointed for that purpose by the Court, and such person shall certify under his hand to the efiect hereinbefore provided, in respect of the examination of married women within the Settlement. Interpretation. Interpretation, 499a. The words "settlement" and "settled estate" as used in Chapter XLIV of the Civil Procedure Ordinance, i878, and in Part IV of the Civil Loaju Ordinance, i878, shall have the following mea/nings : — " Settlement " shall signify any statute, deed, agreement, will, or other instrument, or any number of such instruments, under or by 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, vnclvMng any such iv,struments affecting the estates of any one or more of such persons exclu- sively. Ord. IV. of ■1S7S. Settlement." CIVIL PROCEDURE. [V. OF 1878.] SSS' " Settled estates " shall signify all hereditaments of any tenure, " Settled and all estates or interests in any such heredita/ments, which are ** " **' the subject df a settlement; a/nd for the purposes of this Ordi- nance, a tenant-im-tail after possibility of issue extinct shall be deemed to be a tenant for Ufe. All estates or interests i/n remainder or reversion not disposed andTeversLns of by the settlement, and reverting to a settlor, or descending to the heir or next of kin of a testator, shall be deevned to be estates coming to such settlor, or heir or next of hin, under or by virtue of the settlement. In determining what are settled estates, the Court sJtall be Sow Court to governed by the state of facts, and by the trusts or limitations ''«'««"««• of the settlement at the time of the said settlement taking effect. Nothing herein contained shall be held to lessen, alter, or in amy Proviso, way affect, the provisions of the India/n Act 20 of i837. Costs. 500. All costs incurred under this Chapter shall be subject to Under contro the orders of the Court, as to by whom, and to -whom such costs ^ the Court, are to be paid ; and the Court may direct that such costs and raised, expenses shall be paid out of the proceeds of any sale, or out of the rents or profits of any such settled property, or, in case the Court thinks tit, hy a sale or mortgage of a sufficient part of such property. SCHEDULE. FOKMS. N.B. — The figures in brackets under the titles of the forms have no legislative effect. 1. General Heading or Title to Writs, Warrants, Notices, Summonses, Motions, Petitions, Pleadings, Affidavits, Judgments, Orders, and other documents in a Suit or Proceeding. In the Supreme Court of the Straits Settlements. Settlement of Suit 1 Between A. B., Plaintiff, No. . J and 0. D. and E. F., Defendants ; or In the Matter of G. H., a or In the Matter of the Ordinance. 3 G 834 [ V. OF 1 878.J CIVIL . PROCEDURE. 2. Writ of Summons. (§ 35.) (General Heading.) VlCTOElA, by the grace of God, of the United Kingdom of Gfreat Britain and Ireland, Queen, Defender of the Faith. To 0. D., of , and E. F., of We command you, that within days after the service of this writ on you, inclusiTe 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. ; and take notice, that in default of your so doing the plaintiff may proceed therein to judgment and execution. Witness, &o. 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 entering an appearance (or appearances) either personally or by Solicitor at the Begistrar'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 for 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 tht 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 , 18 . (Signed) X. T. 3. General Indorsement of Claims. (§ 38.) Money Claims. The plaintiffs claim is $ , for the price of goods sold (or rents, or money lent, or work done, &c., as the case may be). Where there are several demands, the indorsement may be as follows : The plaintiff's claim is ^ , whereof in for the price of .goods sold, and $ for money lent, and for interest, &c., &o. Claims for Damages, &c. The plaintiff's claim is for damages for (breach of contract to employ the plaintiff as traveller, or for wrongful dismissal, or for assault and false uuprisonmeut, or, as the case may be). OIVIL PEOCEDUKE. [V. OF 1878.] 835 And where required, under the circumstances of the case, add to indorse- ment : And for a mandamus. Or, And for an injunction. Or where claim is to land, or to establish title, or both. And for mesne profits. And for an account of rents or arrears of rent. And for breach of covenant for (repairs). Other Claims. Creditor to administer Estate. The plaintiffs claim is as a creditor of S. Y., of deceased, to have the estate of the said X. T. administered. The defendant 0. D. is sued as the administrator of the said X. T. By Legatee to administer Estate. The plaintiff's claim is as a legatee nnder the will dated the day of ,18 , of X. T., deceased, to have the estate of the said X. T. administered. The defendant C. D. sued as the executor of the said X. T. (and the defendants E. F. and Gr. 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. Eor Raising Portions. The plaintiff's claim is that the sum of $ , which by an indenture of settlement dated , was provided for the portions of the younger children of , may be raised. 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 Eectification. The plaintiff's claim is to have a deed dated , and made between (parties), set aside or rectified. For Specific Performance.l The plaintiff's claim is for specific performance of an agreement dated the day of , for the sale by the plaintiff to the defendant of certain (freehold) lands at 3g 2 836 :[Y. OP 1878.] CIVIL PEOCEDUEE. Goods Sold. Money lent. Several demands. Rent. Salary, &c. Interest. General average. Freight, &c. Tolls. Penalties. Banker's balance. Fees, &c., solicitors. Commission. Medical attendance, &c. Return of premium. Warehouse rent. Carriage of goods. Use and occupation of houses. Hire of goods. Work done. Board and lodging. Schooling. Money received. Fees of office. Money over- paid. Return of money by stakeholder. Money due from stake- holder. Other Money claims when no special Endorsement. The plaintiff's claim is for the price of goods sold. (This form shall suffice whether the claim be in respect of goods sold and delivered, or of goods bargained and sold.) The plaintiflf's claim is The plaintiff's claim is goods sold, and The plaintiff's claim is The plaintiff's claim is the case may be). The plaintiff's claim is The plaintiff's claim is The plaintiffs claim is The plaintiff's claim is The plaintiff's claim is The plaintiff's claim is ). The plaintiffs claim is as a banker. The plaintiff's claim is expended) as a solicitor. The plaintiff's claim is racier as auctioneer, cotton broker, &c.] for money lent (and interest). whereof is for the price of for money lent, and for interest. for arrears of rent. for arrears of salary as a clerk (or as- for interest upon money lent, for a general average contribution, for freight and demurrage, for lighterage. for market tolls and stallage. for penalties under the Statute ( for money deposited with the defendant for fees for work done (and money for commission earned as (state cha- The plaintiff's claim is The plaintiff's claim is policies of insurance. The plaintiff's claim is The plaintiff's claim is The plaintiflTs claim is The plaintiff's claim is The plaintiff's claim is The plaintiff's claim is The plaintiff's claim is X. T. The plaintiff's claim is solicitor (or factor, or collector, or &o.) of the plaintiff. The plaintiff's claim is for fees received by the defendant under colour of the office of The plaintiff's claim is the carriage of goods by The plaintiff's claim is defendant as The plaintiff's claim is the defendant as stakeholder. The plaintiff's claim is as stakeholder, and become payable to plaintiff. for medical attendances. for a return of premiums . paid upon for the warehousing of goods. for the carriage of goods by railway. for the use and occupation of a house, for the hire of (furniture). for work done as a surveyor, for board and lodging. for the board, lodging, and tuition of for money received by defendant as for a return of money overcharged for for a return of fees overcharged by the for a return of money deposited with for money entrusted to the defendant CIVIL PBOCEDUEE. [V. OF 1878.] 837 The plaintiff's claim is for* money entrusted to the defendant ^trSted to as agent of the plaintiff. ai^ent. The plaintiff's claim is for a return of money ohtained from Jloneyobtained the plaintiff by fraud. , \„. fra^d. The plaintiff's claim is for a return of money paid to the defen- Money paid by dant by mistake. mistake. The plaintiff's claim is for a return of money paid to the defen- Money paid dant for (work to be done, left undone ; or, a bill to be taken up, not taken f*" considera- [up], or, &c). tion ""'liioh has The plaintiff's claim is for a return of money paid as a deposit upon shares to be allotted. The plaintiff's claim is for money paid for the defendant as his ^"t^^f^,'^'^^ ''' _ defendant. The plaintiff's claim is for money paid for rent due by the Rent paid, defendant. The plaintiff's claim is upon a bill of exchange accepted (or aeconmiodation indorsed) for the defendant's accommodation. I,m_ The plaintiff's claim is for a contribution in respect of money Contribution paid by the plaintiff as surety. by surety. The plaintiff's claim is for a contribution in respect of a joint By co-debtor, debt of the plaintiff and the defendant, paid by the plaintiff. The plaintiff's claim is for money paid for calls upon shares, Money paid for against which the defendant was bound to indemnify the plaintiff. calls. The plaintiffs claim is for money payable under an award. Money payable ^ ■' ^ •' under award. The plaintiff's claim is upon a policy of insurance upon the life Life policy. of X. T., deceased. The plaintiff's claim is upon a bond to secure payment of Money bond. ^1,000, and interest. The plaintiff's claim is upon a judgment of the Court, Foreign judg- in the Empire of (Russia). ment. The plaintiff's claim is upon a cheque drawn by the defendant. Bills of The plaintiff's claim is upon a bill of exchange accepted (or exchange, &c. drawn or indorsed) by the defendant. The plaintiff's claim is upon a promissory note made (or in- •dorsed) by the defendant. The plaintiff's claim is against the defendant A. B. as acceptor, and against the defendant 0. D. as drawer (or indorser) of a bill of exchange. The plaintiff's claim is against the defendant as surety for the Surety, price of goods sold. The plaintiffs claim is against the defendant A. B. as principal, and against the defendant CD. as surety, for price of goods sold (or arrears of rent or of money lent, or for money received by the defendant A. B. as traveller for the plaintiffs, or, &c.) The plaintiff's [olaimt] is against the defendant as a del credere Dei credere agent for the price of goods sold (or as losses under a policy). agent. The plaintiff's claim is for calls upon shares. q^jj^ Tne plaintiff's claim is for crops, tillage, manure (or as the case -Waygoino- may be) left by the defendant as outgoing tenant of a farm. crops, fro? Indorsement for Costs, &c. (add to the above Forms). And for costs ; and if the amount claimed be paid to the plaintiff or his solicitor within four days (or if the writ is to be served out of the jurisdiction, or notice in lieu of service allowed, insert the time for appearance limited or order made by the order) from the service hereof, further proceedings will be stayed. * In the original the word " a " occura after the word " for." f " Claims " in original. 838 [V. OF 1878.] CIVIL PROCEDURE. Ageut, &c. Apprentices. Artitration. Assault, &c. By husband and -wife. Against] husband and ■wife; Solicitor. Baihnent. Pledge. Hire. Banker. Bill. Bond. Carrier. Charter-party. Claim for return of goods; Damages for deprivmg of goods. Defamation. Ejectment. To establish title and recover rents. Damages and other Claims. The plaintiff's claim is for damages for a breach of contract to pmploy the plaintiff as traveller. The plaintiff's claim is for damages for wrongful dismissal from the defen- dant's employment as traveller (and for arrears of wages). The plaintiff's claim is for damages for the defendant's wrongfully quitting the plaintiff's employment as manager. The plaintififs claim is for breach of duty as factor (or, &c.) of the plaintiff (and for money received as factor, &o.) The plaintiff's claim is for damages for breach of the terms of a deed of apprenticeship of X. T. to the defendant (or plaintiff). The plaintiff's claim is for damages for non-compliance with the award of X. T. The plaintiff's claim is for da,mages for assault (and false imprisonment, and for malicious prosecution). The plaintiff's claim is for damages for assault and false imprisonment of the plaintiff 0. D. The plaintiff's claim is for damages for assault by the defendant 0. D. The plaintiff's claim is for damages for injury by the defendant's negligence as solicitor of the plaintiff. The plaintiff's claim is for damages for negligence in the custody of goods (and for wrongfully detaining the same). The plaintiff's claim is for damages for negligence in the keeping of goods pawned (and for wrongfully detaining the same). The plaintiff's claim is for damages for negligence in the custody of fur- niture lent on hire (or a carriage lent), (and for wrongfully, &o.) The plaintiff's claim is for damages for wrongfully neglecting (or refusing) to pay the plaintiff's cheque. The plaintiff's claim is for damages for breach of a contract to accept the plaintiff's drafts. The plaintiff's claim is upon a bond conditioned not to carry on the trade of a The plaintiffs claim is for damages for refusing to carry the plaintiff's goods by The plaintiff's claim is for damages for refusing to carry the plaintiff by The plaintiff's claim is for damages for breach of duty in and about the carriage and delivery of coals by The plaintiflTs claim is for damages for breach of duty in and about the carriage and delivery of machinery by sea. The plaintiff's claim is for damages for breach of charter-party of ship (Mary). The plaintiff's claim is for return of household furniture, or, &c., or their value, and for damages for detaining the same. The plaintiff's claim is for wrongfully depriving plaintiff of goods, house- hold furniture, &c. The plaintiff's claim is for damages for libel. The plaintiff's claim is for damages for slander. The plaintifTs claim is to recover possession of a house No. in street, or of a farm called Blaokaore, situate in the District of in the Settlement of The plaintiff's claim is to establish his title to (here describe property), and to recover the rents thereof. (The two previous Forms may be combined.) CIVIL PROCEDURE. [V. OF 1878.] 839 The plaintifi's claim is for doWer. Dower. The plaintiff's claim is for damages for infringement of the plaintiff's right Fishery, of fishing. The plaintiff's claim is for damages for fraudulent misrepresentation on Fraud, the sale of a horse (or a business, or shares, or, &o.) The plaintiff's claim is for damages for fraudulent misrepresentation of the credit of A. B. The plaintiff's claim is for damages for breach of a contract of guarantee Guarantee, for A. B. The plaintiff's claim is for damages for breach of a contract to indemnify the plaintiff as the defendant's agent to distraiu. The plaintiff's claim is for a loss under a policy upon the ship " Royal Insurance. Charter," and freight or cargo (or for return of premiums). (This Form shall be sufficient whether the loss claimed be total or partial.) The plaintiff's claim is for a loss under a policy of fire insurance upon Fire insurance, house and furniture. The plaintiff's claim is for damages for breach of a contract to insure a house. The plaintiffs claim is for damages for breach of contract to keep a house I-andlord and in repair. tenant. The plaintiff's claim is for damages for breaches of covenants contained in a lease of a farm. The plaintiffs claim is for damages for injury to the plaintiff from the Medical man., defeudant's negligence as a medical man. The plaintiffs claim is for damages for injury by the defendant's dog. Mischievous The plaintiff's claim is for damages for injury to the plaintiff (or, if by Ueelieence husband and wife, to the plaintiff, 0. D.) by the negligent driving of the defendant or his servants. The plaintiff's claim is for damages for injury to the plaintiff while a pas- senger in the defendant's by the negligence of the servants. The plaintiff's claim is for damages for injury to the plaintiff at the defen- dant's railway station, from the defective condition of the station. The plaintiff's claim is as executor of A. B. deceased, for damages for the ij^pg a^'''" death of the said A. B., from injuries received while a passenger in the 9 & lo yjot defendant's by the negligence of the defendant's servants. (,_ 93_ The plaintiff's claim, is for damages for breach of promise of marriage. Promise of The plaintiff's claim is in quare impedit for . _ . ' ,.^ ^ . Quare impedit. The plaintiff's claim is for damages for the seduction of the plaintiff's' Seduction. daughter. The plaintiff s claim is for damages for breach of contract to accept and Sale of goods, 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 cotton (or, &c.) 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 to sell (or Sale of land,- purchase) land. The plaintiff's claim is for damages for; breach of a contract to let (or take) a house. The plaintiff's claim is for damages for breach of a contract to sell (01 purchase) the lease, with goodwill, fixtures, and stock in trade of a public- house. The plaintiff's claim is for damages for breach of covenant for title (or for quiet enjoyment, or, &c.) in a conveyance of land. 840 [V. OF 1878.] .CIVIL PKOGEDURE. Trespass to laud. Support. Way. "Watercourse, 'Pasture. light. Patent. Copyright. Trade mark. Work. Nuisance. Innkeeper. Mandamus. Injunction, Mesne profits. Arrears of rent. Breach of covenant. 38 & 39 Vict, c. 77. Tlie plaintiff's claim is for damages for -wrongfully entering the plaintiff's land and drawing water from his well (or cutting his ^ass, or pulling down his timber, or pulling down his fences, or removing his gate, or using his road path, or crossing 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 away the support of plaintiff's land (or house, or mine). The plaintiff's claim is for damages for -wrongfully obstructing a way (public highway or a private "way). The plaintiff's claim is for damages for wrongfully diverting (or obstructing, or polluting, or diverting -water from) a -watercourse. The plaintiff's claim is for damages for wrongfully discharging water upon the plaintiff's land (or into the plaintiff's mine). , The plaintiff's claim is for damages for -wrongfully obstructing the plaintiff's use of a well. The plaintiff's claim is for damages for the infringement of the plaintiff's right of pasture. (This [form shall be*] sufficient whatever the natureof the right to pasture be.) The plaintiff's claim is for damages for obstructing the access of light to plaintiff's house. The plaintiff's claim is for damages for the infringement of the plaintiff's patent. The plaintiff's claim is for damages for the infringement of the plaintiff's copyright. The plaintiff's claim is for damages for wrongfully using (or imitating) the plaintiff's trade mark. The plaintiff's claim is for damages for breach of a contract to build a ship (or to repair a house, &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, crops, &o., 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, &o.). The plaintiff's claim is for damages for loss of the plaintiff's goods in the defendant's inn. Add to Indorsement : — And for a mandamus. Add to Indorsement : — And for an injunction. Add to Indorsement where claim is to land, or to establish title or both. And for mesne profits. And for an account of rents or arrears of rent. And for breach of covenant for (repairs). N.B.— For Statements of Claim, Defence, Reply, and Oounter-Olaim see the various forms in appendix (0) to the Schedule of the Imperial Supreme Court of Judicature A.ct, 1875. "■ " From shall " in original. CIVIL PBOCEDURE. [V. OF 1878.] , 841 4. Summons on Bills of Exchange. (§ 39.) (Greneral Heading.) ViCTOHiA, by the grace of Grod, &c. To 0. D. of in the Settlement of We warn you that, unless within days after the service of this writ on you, inclusive of the day of such service, you obtain leave from this Court to appear and do appear, in a cause at the suit of A.B. on a Bill of Exchange (or Promissory Note) the said A.B. may proceed to judgment and execution. Witness, &c. Memorandum to be subscribed on the writ. N.B. — This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of such renewal, including the day of such date, and not afterwards. Indorsements to be made on the writ before issue thereof. The plaintiff's claim is for $ principal and interest (or $ balance of principal and interest) due to him as the payee (or indorsee, &c.) of a bill of exchange (or promissory note) of which the following is a copy. (Here copy bill of exchange or promissory note and all indorsements upon it.) and also ^ for noting (if noting has been paid) and $ for costs. Notice. Take notice, that if the defendant do not obtain leave from the Court, within days after having been served with this writ, inclusive of the day of such service, to appear thereto, and do not within such time cause an appearance to be entered for him in the said Court, the plaintiff will be at liberty, at any time after the expiration of such days, to enter final judgment for any sum not exceeding the sum above claimed, and the sum of ^ for costs, and issue execution for the same. Leave to appear may be obtained on an application to the Court by summons, supported by affidavit showing that there is a defence to the suit on the merits, or that it is reasonable that the defendant should be allowed to appear in the suit. This writ was issued by E. F., of , solicitor for 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 18 (Signed) X. T. 5. (§ 40.) Indorsements of Character of Parties. The plaintiff's claim is as executor (or administrator) of C. D., deceased, Executors. for, &o. The plaintiff's claim is against the defendant A. B., as executor (or, &c.) of C. D., deceased, for, &c. 84.2 [V. OF 1878.] CIVIL PROCEDURE. 'By husband and wife, executrix. Against hus- band andmfe, executrix. Trustee in baultruptcy. Trustees. Public officer. Heir and devisee. Qui tarn action. The plaintiflf 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. The claim of the plaintiff C. D. is as execntrix of X. T., deceased, and the claim of the plaintiff A. B., as her hushand, for The claim of the plaintiff is against the defendant 0. D., as executrix of the defendant, C. D., deceased, and against the defendant A. B., as her husband, for The plaintiff's claim is as trustee under the bankruptcy of A. B. for The plaintiff's claim is against the • defendant as trustee under the bank- ruptcy of A. B., for The plaintiff's claim is as (or the plaintiff'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). The plaintiffs claim is as public ofl&cer of the for bank. The plaintiff's claim is against the defendant as public oflScer of the bank, for The plaintiff's claim is against the defendant A. B. as principal, and against the defendant 0. D. as public officer of the bank, as surety, for The plaintiff's claim is against the defendant as heir-at-law of A, B., deceased. The plaintiff's claim is against the defendant 0. D. as heir-at-law, and against the defendant B. F. as devisee of lands under the will of A. B. The plaintiff's claim is as well for the Queen as for himself, for 6. Notice in lieu o£ Service. (§ 56.) (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 Settlement, by writ of the Court, dated the day of , A.D., 18 ; which writ is indorsed as follows (copy in full the indorsements), and you are required within days after the date 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 bo doing, the said A. B. may proceed therein, and judgment may be given in your absence. Tou may appear to the said writ by entering an appearance personally or by your solicitor at the Kegistrar's office at By order of the Court, A. B., Eegistrar. The day of 187 . CIVIL PEOCEDUEE. [V. OF 1878.] 843 Writ of Summons for Service out of the Jurisdiction. (§ 66.) (General Heading.) VicTOEiA, by the Grace of God, &c. To 0. D., of We command you, 0. D., that within (here insert the number of days directed by the Com't 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, &o. Memorandum and Indorsements as in [Forms Nos. 2, 4*] and 9. Indorsement to be made on the writ before the issue thereof. N.B. — This writ is to be used where the Defendant or all the Defendants or one or more Defendant or Defendants is or are out of the jurisdiction. 8. Memorandum of Appearance. (§ 68 & 81.) (General Heading.) To the Registrar. Enter appearance for C. D. in this suit. The defendant C. D., limits his defence to part only of the property men- tioned in the writ in this suit, that is to say to (here describe). Dated this day of 187 The place of business of [X. Y.f] is His address for service is X.T., Solicitor for the Defendant. or (C. D., Defendant in person. The address of 0. D. is His address for service is ). The said defendant (requires, or does not require) a statement of complaint to be filed and delivered. * "i"orm No. 24 " in original, t " CD." In original. 844 [V. OF 1878.] CIVIL pkoceduee. Special Indorsement of Claim. (§ ■ . .90.) 1. The plaintiff's claim is for tie price of goods sold. The following are the particulars : — 1876— 31st December— $ 0. Balance of account for goods sold to this date 350 10 1877— 1st January to 81st March- goods supplied ----- 740 5 1,090 15 1877— 1st February— Paid - - - - 450 Balance due - - 640 15 2. The plaintiff's claim is against the defendant A. B. as principal, and against the defendant 0. D. as surety, for the price of goods sold to A. B. The following are the particulars : — 1877 — 2nd February. Guarantee by 0. D. of the price of woollen goods, to be supplied to A. B. $ 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 2,000 41 3. The plaintiff's claim is against the defendant, as maker of a promissory note. The following are the particulars : — Promissory note for ;^2,500, dated 1st January, 1877, made by defendant payable four months after date. c. Principal ..---- 2,500 Interest -.-.-- 4. The plaintiff's claim is against the defendant A. B., as acceptor, and against the defendant 0. D., as drawer, of a bill of exchange. The following are the particulars : — Bill of exchange for ^600, dated 1st January, 1877, drawn by defendant 0. D. upon, and accepted by defendant A. B., payable three months after date. $ c. Principal - - - - - - 600 Interest -....- Indorsement for Costs, &c. (add to the above Forms). §92. And $ for costs ; and if the amount claimed be paid to the plaintiff or his solicitor within eight days (or if the writ is to be served out of the jurisdiction, or notice in lieu of service allowed, insert the time for appearance limited by the order) from the service hereof, further proceedings will be stayed. CIVIL PROCEDURE, [V. OF 1878.] 845 10. Notice by Defendant to Third Party. (§ 129.) (G-eneral Heading.) To Mr. X. Y. Take notice that this suit has been brought by the plaintiflf against the defendant (as surety for M. N., upon a bond conditioned for payment of ^2,000 and interest to the plaintiff). The defendant claims to be entitled to contribution from you to the extent of one-half of any BU3m which the plaintiff may recover against him, on the ground that you are (his co-surety under t he 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 , A.D. ). Or (as acceptor of a bill of exchange for ^$'600, dated the day of , A.D. ,' 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 contTaot, 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 0. 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 pro- ceeding between the defendant 0. D. and yourself to dispute the validity of the judgment in this suit, whether obtained by consent or otherwise. (Signed) E. T. Or X.Y., Solicitor for the defendant, B. T. Appearance to be entered at 11. Notice under Section 144. (Greneral Heading.) The particulars of the plaintiff's complaint herein, and of the relief and remedy to which he claims to be entitled, appear by the indorsement upon the writ of summons. 12. Notice under Section 149. (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 0. 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. Appearances are to be entered at the Eegistrar's OfSce at 846 [V. OF 1878.] CIVIL PEOCEDXJRE. 13. Confession of Defence. (§ 183 & 345.) (G-eneral 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). 14. Memorandum of Demurrer. (§ 191.) (General Heading.) The Defendant (Plaintiff) demurs to the (Plaintiff's statement of complaint or Defendant's statement of defence, or of set-off, or of counter-claim), (or to so much of the Plaintiff's statement of complaint as claims or as alleges as a breach of contract the matters mentioned in paragraph 17, or as the case may be), and says that the same is bad in law on the ground that (here state the grounds of demurrer intended to be used). Notice to be indorsed on the copy delivered to the other party. Take notice that the Court will be moved on day the day of 187 for judgment on the within memoran- dum of demurrer. Dated this day of 18 A. B. Defendant['sj (Plaintiff's) Solicitor. 15. Notice of Payment into Court. (§ 210.) (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, &o.) To Mr. X. T., the Plaintiff's solicitor. Z., Defendant's solicitor. 16. Acceptance of Sum paid into Court. (S 212.) (General Heading.) Take notice that the plaintiff accepts the sum of $ paid by you into Court in satisfaction of the claim in respect of whioh it is paid in. CIVIL PEOCEDUEE. [V. OF 1878.] 847 17. Setting down Special Case. (§ 220.) (General Heading.) To the Eegistrar. Enter for argument the special case filed in this suit on the day of ,187 . X. Y., solicitor for 18. Notice to admit Documents. (§ 238.) (General Heading.) ' Take notice that the plaintiflF (or defendant) in this suit proposes to adduce in evidence the several documents hereunder 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 plaintiflF) 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 documents 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 B. F., solicitor for defendant (or plaintiflF). G. H., solicitor for plaintiff (or defendant). (Here describe the documents in a Schedule.) 19. General Petition. (§ 243.) In the Supreme Court of the Straits Settlements. Settlement of Suit Between No. A. B. Plaintiff. and 0. D. Defendant, or In the matter of the Indian Trustee Act 1866, and of the Settlement of E. F. and wife Or In the matter of [the] Civil Law Ordin- ance, 1878, and of the Will of E. F. deceased (or as the case may be). 848 [V. OP 1878.] CIVIL procedure. To The Hon'ble Chief Justice The humble petition of the above-named Plaintiff A. E. (or Defendant 0. D. or of G. H. of ). Sheireth, (Signed) That your Petitioner, &o., (set forth the grounds of the application) Tour Petitioner therefore humbly prays, &c. (Here set out terms of order prayed for.) And your Petitioner will ever pray, &o. Solicitor for said Petitioner. Address for service Note. It is intended to 1 serve this Petition upon \- L. M. & N. 0. J Answer to be written on the face of Petition by the Kegistrar Let this Petition stand for hearing on Thursday the day of 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 18 , and that the hearing of such, petition stands adjourned to the day of 18 , when you are at liberty to appear thereon ; but, if you do not appear thereon, the Court will proceed to make such order as it may see fit in your absence. Dated Solicitor for the Petitioner. 20. Summons in Chambers. (§ 248.) (General Heading.) Let all parties concerned appear before the Court in Chambers on the day of at o'clock in the forenoon, on the hearing of an application on the pari of the (plaintifi" or defendant or of of ) that (here state object of application). Dated 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.) CIVIL PROCEDURE. [V. OF 18V S.J 849 21. Motion Paper. (§ 255.) General Heading.) Mr. of Counsel for the above-named plaintirf (or defendant) moves that* for an order that (terms of order sought). X.T., Solicitor for 22. Interrogatories, (§ 280.) (General Heading.) Interrogatories on behalf of the above-named (plaintiff, or defendant, 0. D.) for the examination of the above-named (defendants B. ¥. and G. H., or plaintiff.) 1. Did not, &c. 2. Has not, &c. &c. &o. &c. (The defendant E.-F. is required to answer the interrogatories numbered .) (The defendant G. H. is required to answer the interrogatories numbered .) 23. Answer to Inten-ogatories. (§ 284.) (General Heading.) The answer of the above-named defendant E. F. to the interrogatories for his examination by the above-named plaintiff. In answer to the said interrogatories, I', the above-named E. F. make oath and say as follows : — 24. Affidavit as to Documents. (§ 290.) (General Heading.) I, the above-named defendant 0. D., make oath and say as follows : — 1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto. * So in original. 3h 850 [V. OF 1878.] , CIVIL procedure. 3. That (here state upon what grounds the objection is made, and verify the facts as far as may be). 4. I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule- hereto. 6. The last-mentioned documents were last in my possession or power on. (state when). 6. That (here state what has beconae of the last-mentioned documents, and' in whose possession they now are). 7. Accordipg to the best of my knowledge, information, and belief, I have not now, and never had in my possession, custody, or power, or in the pos- session, 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 be- half, any deed, account, book of account, voucher, receipt, letter, memoran- dum, paper, or writing, or any copy of or extract from any sach document, or any other document whatsoever, relating to the naatters 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. 25. Notice to produce Documents for Inspection. (§ 291.) (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 a.b. ) Describe documents required. X.T., Solicitor to the ToZ., Solicitor fo^ 26. Notice to inspect Documents. (§ 292.) (General Heading.) Take notice that you can inspect the documents mentioned in your notice of the day of a.d. (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 (plaintiff or defendant) objects to giving you inspection of the documents mentioned in your notice of the day of A.B. , on the ground that (state the ground) :— CIVIL PROCEDUEE. ^V. OP 1878.] 851 27. Judgment on Summons for Judgment after Appearance. (§ 93.) (General Heading.) 30th June, 1878. The defendant (or the defendant 0. D.) having failed to satisfy the Conrt 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 January, 1879, at $ 28. Final Judgment on Default of Appearance or Pleading. (4 84, 85, 99, & 199.) (General Heading.) 30th June, 1878. The defendant (or the defendant C.) not having appeared to the "Writ of Summons herein (or not having delivered any statement of defence or notice of motion by way of demurrer) final judgment is hereby entered for the plaintiff against the said defendant (or the said 0. D.) for and. costs to be taxed. Costs taxed the 3rd December, 1878, at $ 29. Judgment in Default of Appearance in suit for Recovery of Land. ($ 87, 204, & 433.) (General Heading.) 20th June, 187 . No appearance having been entered to the Writ of Summons (or no defence or notice of motion by way of demurrer 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 December, 1878, at $ 30. Judgment Interlocutory and of Assessment of Damages, (§ 86, 201,) (General Heading.) 30th June, 187 . _ The Defendant not having appeared to the "Writ of Summons herein (or not having delivered a statement of Defence or notice of motion by way of de- murrer) judgment is entered for the Plaintiff against the Defendant. 10th July, 187 . The suit having on the day of 18 been heard on Assessment of Damages and $ having been awarded to the Plaintiff 3h2 552 [V. OF 1878.] CIVIL peoceduee. for damages it is adjudged that the Plaintiff recover against the Defendant $ and his costs of suit. 31. Judgment on Motion for Judgment. (§ 205.) (General Heading.) 30th June, 1877. 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. T. of counsel for , the Court adjudged 32. Judgment at Trial. (§ 333.) (General Heading.) 30th June, 1878. This suit coming on for trial (the day of and) this day, before , in the presence of counsel for the 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., and 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 doth declare, &c., and the Court doth order and adjudge, &c. Costs taxed the 3rd August, 1878, at $ 33. Writ of Execution against Land. (§ 364.) (General Heading.) To L. M. the above-named Defendant (or Plaintiff). Whereas the above-named A. B. did on the day of 18 recover judgment against you in this suit for the sum of Dollars and it is alleged that you are seized or possessed of certain immoveable pro- perty the particulars whereof are indorsed hereon. Now, therefore, all the estate and interest of you the said _ of and in such immoveable property is hereby attached and taken in execution to satisfy the above- mentioned judgment, and you are hereby summoned to appear before the Supreme Court on the day of 18 at the hour of o'clock in the noon, then and there to be examined respecting your title and interest in the said immoveable property, in order that the same may be sold in satisfaction of the said judgment. CIVIL PKOCEDUBE. [V. OF 1878.] 853 fitness, Chief Justice (a Judge) of the Supreme Court at , this dav of A.D. 187 . Begistrar. Notice. This Writ is returnable before a Judge in Chambers at the day and hour above-mentioned, and if you do not at such time appear before the said Court you are liable to be arrested and imprisoned for your contempt. Endorsement. This Writ was issued by E. J. of Solicitor for , or this Writ was issued by the Plaintiff (or Defendant) in person who resides at, (mention the address). The following are the particulars of the immoveable property intended to be attached and taken in execution by this Writ. (Here set out the particulars.) Endorsement to be made on the Writ after Service. This Writ was served by X. T. on the within-named L. M. on the day of 18 (Signed) X. Y. 34. Interpleader Summons. (§ 379.) (General Heading.) In the matter of ( ), a claimant of property seized under prooesa of the Court in the above suit. To( ). Tou are hereby summoned to appear before the Supreme Court on the day of , at the hour of o'clock in the fore- noon, to show cause why certain goods and chattels seized under the process of the Court in the above suit should not be declared and adjudged to be the property of ( ). Witness , Chief Justice (a Judge) of the Supreme Court, this day of A.D. 1877. Begistrar. 35. Writ of Possession. (§ 380.) (General Heading.) ViCTOKiA, by the Grace of God, &c. To the Sheriff of greeting : "Wliereas lately, by a Judgment of Our 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 854 pV. OF 1878.] CIVIL PROCEDURE. you enter the same, and without delay you cause the said A. B. to have possession of the said land and premises with 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., , Chief Justice (a Judge) of our said Court, this day of 187 . 36. Writ of Delivery. (§ 380.) (General Heading.) TiCTOEiA, by the Grace of God, &c. To the Sheriff of greeting We command you that, without delay, you do seize and deliver, or cause to be returned to the above-named A. B. the following chattels, that is to say (here enumerate the 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 0. D. (or C. D. was ordered to deliver to the said A. B.) in the above suit. Witness, &c.. Chief Justice, (a Judge) of our said Court, the ^ay of ,187 , . 37. Writ of Attachment for Contempt. (§ 385.) (General Heading.) VicTOBiA, by the Grace of God, &c. To the Sheriff of greeting : We command you to attach C. D., so as to have him before Us in our Supreme Court in this Settlement, there to answer to ITs, as well touching a contempt which he, it is alleged, hath committed against Us, as also such other matters as shall be then and there laid to his charge, and further to perform and abide such order as Our said Court shall make in this behalf, and hereof fail not, and bring this writ with you. Witness, &c. Chief Justice, (a Judge) of our said Court, the day of , A.D. 187 38. Writ of Sequestration. (§ 390.) (General Heading.) VicTOSiA, by the Grace of God, &c. To the Sheriff of greeting : Whereas by a judgment (or order, as the case may be) of our said Court made in the said suit (or matter), and bearing date the day of CIVIL PBOCEDUEE. [V. OF 1878.] 855 187 , it was ordered that the said C. D. should (pay into Court to the credit of the said suit the sum of ^ , pvj as the case may be). EJiow ye, therefore, that we, in confidence of your prudence and fidelity, have ^ven, and by these presents do give, to you full power and authority to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said C. D., and to collect, receive, and sequester into your hands, not only all the rents and profits of his said messuages, lands, tenements, and real estate, but also, all his goods, chattels, and personal estate whatsoever, and therefore we command you, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estate of the said 0. D., and that you do collect, take, and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels, and personal estate, and detain and keep the same under sequestration in your hands until the said 0. D. shall appear before our Court and clear his contempt, and our said Court make other order to the >> in person - 70 no address, or illusory ...... 71 to be marked on pleadings ..... 140 petition to contain ..... 24g in Probate petitions ...... 471 ,, caveats (Form 46) ...... 475 ADJOURNMENT Court has full power to allow - ... 10 by consent ---.-...n on questions arising with third parties .... 132 ,, non-production of documents, &o. .... 236 of hearing of petition --.... 247 ,, petition, motion or summons for want of notice - . 261 ditto generally ...... 262, 263 on shewing cause ----... 269 trials subject to----... 315 of trial -----... 322 ,, judgment debtor's summons - - . . . 398 ADMINISTRATION. See Probate. - - - - . 470 when granted by Registrar " - - - - 16 legatee or ne.xt of kin may have decree for, without serving others - - - - .. . . 117 ADMINISTRATOR. See Executors and Administrators. ADMIRALTY. See Vice-Admiraltv. .«; INDEX TO ORDINANCES IV. AND V. OF 1878. ADMISSIONS. See Pleadings. Section. of validity of judgment, where third parties fail to appear - 130 „ facts not admitted or denied which ought to be admitted, costs .- - - . . . . . 147 in pleading, of fact not denied, when - - - - 169 of facts in last pleading ...... 207 notice admitting statement of claim, defence, &c. - - 237 refusal, costs, &c. (ITorm 18) - .... 238 proof of admissions by affidavit ..... 239 , of fact, order on, obtainable at any stage .... 272 in small causes - . . . . . .31 VII of defendant in small causes, notice of, to be given to plaintiff - ,, plaintiff on notice of, in small causes, niay enter up jadg- . ment 31 VII, 31 IX interlocutory judgment in small causes where admission is for unliquidated amount . . . . . .31 VIII, ,, to practise as Advocates, Solicitors, and Conveyancers - - 18 ADVOCATES AND SOLIOITOES. See Solicitors. to pay $50 admission fee - - . - .18 yearly certificate to practise - - - - 19 certificate to issue on payment of duty ... ,, exclusive privileges of - - - - - 25 penalty for infringement - - - - - . ,, recoverable by qui tam suit ... .27 exception from privileges ...-.- 28 not to act without certificate . - - - 29 ADVOCATES' CLERKS how admitted to practise .... .21 with qualification as advocate . . - . - ,, admission may be cancelled ... . „ powers of, to practise . - . - . . ,, aflldavit of, as to admissions of documents, &c. ... 239 AFFIDAVITS in support of application for leave to serve writ out of jurisdic- tion ........ 66 by persons appearing in suits for land ... - 77 of service, when defendant does not appear - - 31 V, 83 ditto on bill of exchange - ' - - 84, 98A ditto on liquidated demands ... .85 on default of appearance in equity suit .... 89 of plaintiff verifying cause of action in writ specially endorsed - 93 copy of, to be served ... . ,, by defendant on writ specially endorsed - - - - ,, of defendant showing cause against judgment - - - 95 ,, preliminary question in suit for account - . 102 on application for account --.--- 103 setting forth names of partners ..... 115 when, for authority to receive money out of Begistry - - 211 to bind infants, &c., in special case .... 219 when evidence on trial may be by - - - - 222 for subpoena to another Settlement .... 223 how drawn, paras, confined to knowledge, costs for unnecessary length 226 commissions to take, see Commissions. ... 227 how to be taken in other Settlement - - - - „ plaintifi" to file, within eight days ... 230 ,, deliver a list of, to defendant - - - - ,, when to be filed by defendant ..... 231 defendant to deliver list of, to plaintiff - - - ,, when to be filed in reply - - - - - - 232 any deponent making afi&.davit may be cross-examined thereon 233 deponent, if in the Settlement, must be produced for cross- examination, otherwise affidavit cannot be used - . ,, 3i 865 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. AFFIDAVITS— (ContiEucd). compelliag attendance of witness - - - - 234 if not in Settlement commission may issue, - - ,, or interrogatories - - - » of signature to admissions .... 239 copy of, to be served with summons .... 252 to be filed with motion paper - - - - 259 fresb, on shewing cause ..---- 269 in answer to interrogatories - . . - . 284 objection to answer to be stated in, ... 285 no exceptions to, in answer ..... 286 for further answer - - - . - - 287 on producing documents .----- 288 ,, order making discovery - - - - 289 what to contain (Form 24) ... - 290 ,, application for inspection of documents - - 294 for order for custody or preservation of property - - 304 on claim to retain property on lien, or as security - - 305 „ interpleader summons .-.--- 308 , , payment into Court ...--- 309 copy of, on which order of arrest founded to be delivered to defendant - ..'... 4220 for leave to defend tenements . - - 430 ,, order to sue in forma pauperis - - 460 of translation of wills and documents . - - 474 on petitions for probate, see Probate. ... - 475 of service of citations in Probate - - - - 483 on applications to propound wills - - . - 488 „ for citations to accept probate - - 490 ,, to set aside probate, &c. - - 491 oath in Probate - .... - 493 in summary writs for debt or liquidated demand in small causes ... . - . 31A I AGENCY law of, as in England ... . - VI ALLEQATIOlSrS. See Pleadings. of fact not admitted, which ought to have been admitted, costs - 147 ,, facts not denied in pleading, admitted ... 169 facts and defences to be stated ..... 170 inconsistent with previous pleading of party, bad - - 171 of fact to be dealt with specifically .... 172 joinder of issue to operate as denial of - - - - 173 denial of, not to be evasive ..... 174 of malice, fraudulent intention, knowledge, how alleged in pleading .... ... 177 „ notice to be alleged as a fact, unless - - . 178 ,, of implied contracts, alternative .... 179 unnecessary, as presumed . - - - 180 of matters arising diiring suit ..... 181 in pleadings demurrable - - - - . - 191 ALTERNATIVE joinder of plaintiffs for relief in - - - . . 104 of defendants in - - - . . . 106, 109 relief claimed in pleading may be in - . . . 160 contracts and relations by implication, may be stated in - 179 summons to shew cause may be in . . . . 249 motion paper may be in - - - . . . 257 AMALGAMATION OF LAW AND EQUITY Law and equity to be concurrently administered - - - I provisions as to plaintiff or petitioner - . - ,, (1) as to defendant - - . . - ,, (2) defendant to have relief claimed by his pleadings - - ,, ,, relief against other persons, counterclaims - ,, (3) INDEX TO ORDINANCES IV. AND V. OF 1878. 867 AMALaAMATION OF LAW AJSB EQUITY— (Continued). Court to take notice of equities arising incidentally no prohibition or injunction, stay of proceedings - Court to give effect to legal rights . - - multiplicity of suits avoided ... Amendment of the law in cases of conflict with equity - administration of insolvent estates, and winding up com- panies ....... Statutes of Limitation in express trusts . - - equitable waste .... merger ..... suits for possession of land by mortgagors - assignment of debts and choses in action - stipulations not of the essence of contracts injunctions and receivers - - - infants ....... rule in other cases of conflict AMENDMENT. See Pleadings. Court has full power to allow or order ... by consent ...... on non-compliance with the Ordinance . . . - when order for, granted by Begistrar - - of endorsement of statement of claim - - ,, claim in small causes before appearance ,, ,, notice to be given in small causes when not necessary on judgment for one or more of plaintiffs - or where defendants improperly joined when defendant added ... of statement of claim, when defendant added ... on third parties appearing ------ where demands joined, not convenient instead of new assignment - - - - Court may allow, for scandal, prejudice, embarrassment, delay - when parties may amend without leave . - - - ,, " ,, ,, in small causes - amendment by leave .... ,, „ in small causes time limited for, consequence of not amending copy of amended pleadings to be delivered . . - time for answering or replying how counted how alterations to be made by Registrar - . . - marking amended pleadings ..... nothing herein to affect power of Court to allow, on demurrer by leave ..... applications to amend, by summons .... ,, ,, ex parte before trial in small causes of documents, in interlocutory proceedings „ awards by Court ...... AMENDS. See Compensation. . . - - - ANSWEE. See Pleading. to interrogatories to be on aflEidavit (Form 23) - objection to answer - - - . no exceptions, sufficiency to be decided on summons ■ - neglect to make ------ how to be used at trial . . - . - APPEALS from orders of Registrars - - - - - APPEARANCE BOOK Registrar to enter memorandum of appearance in particulars to be entered ip - - - - Section. I (4) „ (5) „ (6) ,. (7) - II (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 9 11 12 16 37 31X111 it 104 106 127 128 131 137 167 184 185 31X111 185 31XIY 186 187 188 189 190 194 248 31XIY 263 453 423 284 285 286 287 - 17,270 68 3 l2 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. APPBAEAFOE writ of summons Lo require, to be entered - - - 41 „ „ atwliattime ..... ,, ,, ,, ,, „ small causes . . - 31 III after, service how made ...... 54 to writ of summons, time for ... - - 67 how entered, memorandum of (Form 8) - - - - 68 procedure on, in small causes .... 31 VI when by solicitor, address ..... 69 ,, defendant in person, address .... 70 memorandum and address informal, may be set aside - - ' 71 in case of partners - . - . . 72 ,, one person in firm ..... 73 two or more appearing by same solicitor - - - 74 solicitor's undertaking, attachment - .75 when entered after time, and notice - - - 76 person not named in writ for land how may appear . - 77 as landlord in suit for recovery of land to state so - .78 how to enter, after leave ...... 79 limited, to suit for recovery of land ... 80 default of, see Default of Appearance. .... 82 ,, ,, ,, small causes . - . . 31 V to writs specially endorsed - ... 93 application by plaintiff to enter judgment - - , , order thereon . . - - - - . ,, by person not a party to the suit, to counter claim by defendant 130 default of - - - . - - - ,, may apply to appear afterwards - - . ,, by third party served with copy of defence . . 150 to petition .... - . 24S by party added during pendency of suit .... 277 ,, judgment debtor, see Judgment Debtor. . - - 394 to writ for recovery of tenements by leave ... 430, 432 in Probate cases, see Probate. - - . 482, 484, 486, 487, 490 may be annulled in small causes if grounds of defence not fully stated . . . ... 31X1 plaintiff to enter, in small causes to counter-claim within four days - ..... 31X11 plaintiff may amend indorsements of claim in small causes before - ..... 31 XIII within eight days to amended writ in small causes . - 31 XIII APPLICATIONS. See Interlocutory Applications. jurisdiction of Eegistrar ... . 270 Registrar may refer question to a Judge . - - ,, appeal from Eegistrar to Judge ... ^^ AEBITEATION when order for, granted by Eegistrar - - - 1 6 special case before reference to - - - . . 218 compulsory by direction of Court before trial ... 328 ditto at trial -..--.. 330 special case may be stated and decision to guide the arbitrators 329 proceedings to be under chapter 39 . ■ - 331 difference in suit, and between parties, may be referred to, by order ' . . - . . . - - 440 appointment of arbitrators ..... 441 order of reference, time for award (Form 43) . - . 442 umpire or majority ...... 443 witnesses to attend, process, contempt - - - . 444 extension of time for award ... . 445 award made beyond time, when allowed - . . . 446 when umpire may enter on duties .... 447 neglect to appoint umpire ...... 448 death, incapacity, &c.. Court may appoint new arbitrators 449 arbitrators may state special case ... . 450 Court may modify and correct award when - - . 451 INDEX TO ORDINANCES IV. AND V. OF 1878. 869 Section. ARBITRATION— (Continued). Couit may remit award for reconsideration, when - - 452 ,, amend award as to form, &o. - - - 453 on what grounds, only, award set aside - - 454 either party may file award, effect .... 455 By ageeement of parties — when submissions by agreement may be filed - . . 456 application to file - - - - - - ,, when may be filed - - - - - ' j. award when may be filed -.-.-- 457 provisions of chapter applicable to .... 458 ARREST. See Attachment. when by Order of Registrar ..... 16 ,, ditto under Section 392 - - - - „ may be on Sunday ....... 53 of defendant on mesne process (Form 53) - - 422 B, C, D discharge of order for, on mesne process ... - 4220 ARREST OF JUDGMENT-DEBTOR. See Judgment-Debtor. - 392 in disobedience to a decree, see Attachment. - - - 385, 389 ASSESSMENT OP DAMAGES in default of appearance for unliquidated demands - - 86 „ in suits for lands ... - 88 ,, of plea ... , . 201 where several defendants - ... 202 in joined demands - - .... 203 „ other suits - - ' - - - - - 206 trial for, only, if defendant absent, service ... 318 in suits to recover tenements, on money claims . . - 434 on unliquidated demands in small causes - - - 31 VIII, 31 IX ASSESSORS may be called in to aid the Court ..... Ill remuneration of, to be determined by the Court - - ,, ASSIGNMENT of debts and choses in action, valid at law - II (6) assignee may sue - - - - - - ,, of estate pendente lite not to abate suit - - . . 273 parties may be added ..... 274 ATTACHMENT of solicitor for not appearing in pursuance of undertaking - 76 for disobedience of order for discovery .... 296 against solicitor for not giving notice of order for discovery - 298 execution by writ of . - or order to shew cause service of order ... in default of appearance (Form 37) enlargement of time non-appearance, fine or commitment detention till obedience, security - warrant of commitment writ of sequestration (Form 38) powers and duties of Sheriff under against judgment-debtor absconding, &c. ,, ,, ,, in default of security and imprisonment for certain ofienoes of property before judgment (Form 52) ,, defendant on mesne process (Form 53) - - . 422B discharge of defendant after, on mesne process ... 422C ATTACHMENT OF DEBTS. See Garnishment. - - - 407, 411 ATTORNEY. See Solicitor. solicitor and attorney synonymous ...» 7 ATTORNEY-GENERAL may act for Crown without taking out certificate- - - 29 383 ' 28i 385 386 387 388 389 390 391 (Form 40) - - 392, 393 398 400 422, 422A ^'i^O INDEX TO ORDINANCES IV. AND V. OF 1878. Section. AUDITA QUERELA procedure in place of - - - - - 356 AVERAGE law of, as in England ... - VI AWARD. See Arbitration. -...-- 440 BALANCE on set-ojff or counter-claim may be recovered by defendant in the same suit - ...... 344 BANKRUPTCY. See Trustees in Bankruptcy. Change of Parties. payment of unclaimed dividends in ... IV procedure in, to continue .... - 33 joinder of claims by trustee in - ... 135 denial tbat a party is a trustee in - ... 164 not to abate suit - - .... 273 parties may be added - - - , - 274 judgment debtor absconding to avoid, &c., proceedings in - 392 rights in garnishment reserved - - - 408 as to proceedings in leases and sales of settled estates - - 497 BANKRUPTCY ORDINANCE, 1870 payment or composition of judgment debt after arrest not exempt from provisions of, as to fraudulent preferences - - 392 BANKRUPTCY PETITION judgment debtor absconding to avoid service of, or appearing to „ BANKS AND BANKING law of, as in England ...... VI BILLS OF EXCHANGE AND PROMISSORY NOTES procedure on, writ of summons - - - - 39 depositing note or bill in Court in proceedings under s. 39 . 84B judgment on filing affidavit of service of writ, &c. . 84 setting aside judgment on, and leave to appear and defend - 84A expenses of noting of, recoverable .... 91 holder may issue one writ against all or any of the parties to . 108 writ of summons (Form 4) 39 consideration for, need not be pleaded - - - . - 180 lost, Court may make decree on, if indemnity be given 39A no costs in suit on lost, unless indemnity tendered - . 39B security for costs in proceedings under s. 39 - - - 84B BOND suits on, writ may be specially endorsed .... 90 BOOKS Cause Book --.-... 34 Small Cause Book, suits under section 31 I to be entered in - 31 1 Decree Book .... . . 345 Register of Lis Pendens ...... 351 Execution against Lands Book - - . 365, 422A V Appearance Book - - ... ^gg, 457^ 459 Caveat Bpok ..... 477 transfer of suit from Small Cause Book to General Cause Book - 31G concealment, destruction, &c., of, by defendant - - . 422B BOOKS AND ACCOUNTS. See Documents. • to be produced on Judgment-debtor's summons - - 396 CARRIERS BY LAND AND SEA law of, as in England ... . . yj CASE STATED. See Questions of Law. 216 CAUSE. See Suit. action, suit, and cause synonymous - - - - 7 CAUSE BOOK to be kept by Registrar - - ... 34 suits to be entered in, and numbered, with particulars - - „ INDEX TO ORDINANCES IV. AND V. OP 1878. 871 „ . „ Section. CAUSE BOOK-(Oontinued). entry in, of all writs of summons filed - - - . 43 petitions to be entered in - - - - - - 244 suits not proceeded with may be struck out of - - - 324 CAUSE LIST. See Trial List. at close of pleadings, Eegistrar to enter cause in - - 315 CAUSES OF ACTION. See Joinder. ... 133 CAUSE SHEWING. See Shewing Cause. in writ for sale of lands defendant may shew cause - - 364 on cause shewn summonses in small causes returnable at shorter dates ........ 311) CAVEAT. See Probate. how filed (Form 46) ... . -.476 to be entered in caveat book .... 477 notice of, filed after petition - - . . 479 limited caveat ....... 486 CAYEAT BOOK caveat to be entered in - - - . 477 copy to be sent to other Settlements - - - - ,, to be open to inspection ...... 478 CESTUI QUE TRUST. See Trustees. any one, may have decree without serving others - - 118 CHAMBERS jurisdiction of Judge at, to be same as in Court ... 242 applications at, as in England, to be by summons (Form 20) 248 jurisdiction of Registrars - . - . - 270 Registrars may refer questions to Judge - - ,, appeal to Judge - . - . . ,, writs for sale of lands returnable in - - - . 368 proceedings for sale of lands in execution to be in . - 378 application may be made in, for return of summons in -small cause at shorter date .... . 3ID CHANGE OF PARTIES BY DEATH, &c. suit not to abate by death, marriage, or bankruptcy, if cause of action survive ....... 273 successor in interest may be made a party ... 274 the same on assignment, creation, or devolution of estate . 275 order to add or change parties may be ex parte ... 276 service of order, effect of order ... 277 application to discharge order .... 278 by persons under disability .... 279 in executions - ..... 354 CHANGE OF SOLICITOR solicitor appointed in course of suit .... 466 memorandum to be filed -----„ change of - - - , - - - 467 refusal to sign memorandum of change - - - - 468 after, new solicitor not entitled to costs unless his name is on record ........ 469 CHEQUE suit on, writ may be specially endorsed - - - - 90 CHOSE IN ACTION assignable - - - - - - - - II (6) proviso for disputed rights - - - - - ,, interpleader - - - - - - - ,, payment into Court - - - - - - ,, CITATIONS. See Probate. on filing petition for administration to persons in Colony (Form 4'^ ....... 480 ditto out of Colony. ...... 481 to accept or refuse probate, appearance, non-appearance - 490 872 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. CLAIM. See Statement of Claim. nature of, to be endorsed on summons (Form 3) - - - 37 ,, ,, „ ,, in small causes (Form 50) 31 II where particulars not sufficiently set out in small causes 31 XVII wliere defence to, not entered on writ of summons in small causes 31 XXI nature of amendment of ...... 37 ,, ,, ,, in small causes before appearance -31 XIII joint and separate, may be joined ...» - 135 what to contain, specific relief, same in statement of defence - 160 for discovery only to state so - - - - - ,, several causes of, may be stated in statement of claim, or defence and in counterclaim .... . 161 several defences, set-oflf, &c., .... 162 in suits for tenements - . . • . • 428 grounds of dispute of, to be stated by defendant in small causes to proper officer . . - - . - 31 XI for debt "or liquidated demand in small causes . - 31 XXIII CLASS of persons how represented ..... 114 COMMBECIAL LAW questions in, to be decided as in England - - - VI COMMISSION TO TAKE EVIDENCE when order for, granted by Eegistrars - - 16 to officer in Settlement ...... 227 to persons out of Settlement - - - , , directions for executing commission .... 228 depositions taken to be filed ... . 229 use of in evidence - - - - - , , COMMITMENT. See Attachment. COMPANIES. See Joint Stock Companies. rules for winding up - - - - - II (1) creditors may come in - . - - - ., ' service of writ of summons on . - - - - 57 interrogatories to officer of - - - 282 COMPOSITION of judgment debt after arrest of debtor .... 392 COMPENSATION to garnishee - - _ - - - - - 421 for arrest or seizure on insufficient grounds ... 423 amount of, bar to suit ------„ CONOUREENT WEITS. See Writ of Summons. plaintiff may issue .... - ■i6 to bear teste of same day .... „ and to be marked as concurrent - ■ - . ,, to be in force only so long as original writ - . ,, writ of summons in the Settlement may be marked with one out of Settlement ....... 47 CONFESSION plaintifi' may deliver confession to ground of defence arising after suit and tax his costs (Form 13) ... 183 judgment by, may be entered (Form 13) - - 345 CONFINE SUIT applications to------- 136 CONFLICT BETWEEN LAW AND EQITITT II as to administration of assets of deceased persons in winding up cases ...... in bankruptcy ....... as to limitation of action in respect of breach of express trust - ,, equitable waste ...... ,, merger ....... ,, suits for possession of land by mortgagors - „ assignment of debts and ohoses in action . - - d") (2) (3) (4) (5) (6) INDEX TO ORDINANCES IV. AND V. OF 1878. 873 Section. CONFLICT BETWEEN LAW AND EQUITY— (Continued). as to Btipulations in contracts - - - . - II (7) „ injunctions and receivers - - „ {S) in questions relating to infants - - - - - ,, (9) ,, other cases, general rule - - - - - „ (10) CONSENT what may be done by, and how ----- 11 how consent shewn - - - - - 11, llA next friend not to be added without .... 124 for taking evidence by af&davit ..... 222-230 judgment by ...... . 345 discharge of garnishment by - . - . .419 CONSOLIDATION of suit, order for, as in England ..... 321 ,, appearances and defences in probate cases ... 487 CONTEMPT. See Disobedience. powers of Court reserved ..... 382 by witnesses not attending arbitrators .... 444 CONTRACTS construed as in equity, when - . - . . II (7) implied, how stated in pleading ..... 179 specific performance of, decree for .... 38I CONTRIBUTION claim for, by defendant ...... 129 notice in .... . ,, appearance ... - . 130 trial of issue as to . - . , - 131 CONVBTANCEES to pay duty on admission -.-... 18 may be enrolled on examination ..... 23 yearly certificate and fee . . . . . - 19, 24 practice confined to Settlement -----„ privileges of, and penalties ----- 26 penalty for infringements how recovered - - 27 exceptions from privileges ..... 28 not to act without cfertifioate . - - - . 29 who deemed duly qualified to act as . - - . ,, COPT of writs of summons to be filed . - - - - 43 , , amendments, to opposite parties .... 187, 188 ,, demurrer paper, to o.ther party . .... 193 ,, petitions for service ...... 243 ,, of summons - ..... 250 „ affidavit in motions, &c. - ... 252 ,, order of Court on motion ..... 265 ,, documents in opponent's pleadings (Form 25) - . . 291 in rule for new trial ...... 336 of decree ... .... 348 „ interpleader summons to be served on Judgment Creditor . 379 ,, order to shew cause for disobedience .... 384 ,, caveats to other Settlements ..... 477 CORPORATIONS law of, as in England ...... VI service of summons on .----- 57 answer to interrogatories by public officer of - - - 282 COSTS order for security for, when by Registrar - - - 16 of refusing to give further particulars in small causes . - 31 XVII in suits on Bills of Exchange .... 39B, 84, 84B ,, for liquidated demands . - - - . 85 indorsement of, on writ - - - - - 31 II, 92 defendant may tax - - . ... . . ^^ form of claim for (Forms 50 and 9). 874 INDEX TO ORDINANCES IV. AND V. OP 1878. Section. COSTS— (Continued). of joinder of unsuccessful plaintiff ... - 104 on addition or substitution of parties ... - 105 of defendant on record where other parties have common interests -..--- - 121 ,, unnecessary and prolix statements in pleadings - - 138 where plaintiff delivers statement of claim without being re- quired to do so - - - - - - - 143 of unnecessary denials, or non-admissions ... 147 on new ground of defence .----- 183 of amending pleadings on demurrer .... 194 ,, demurrer ...... 196 on judgment in default of plea ... - - 199 ,, ,, appearance in small causes - 31 V „ on admissions by defendant in small causes 31 VII on transfer of small cause to G-enef al Cause Book - - 31 G of service of writ of summons by solicitor ... 48 on acceptance of money paid into Court, taxing and judgment for - . . . . . . .212 of discontinued suit ...... 213 when defendant may sign judgment for - - - 216 of prolix afildavits - - - - - - 226 ,, producing deponent for cross-examination ... 233 ,, not producing documents, &c. .... - 236 as to costs in proving documents - ... 238 application for security for, to be by summons - - 248 on orders ex parte ... - 260, 267 when improper interrogatories exhibited - - 281 of trustees paying money into Court .... 312 in execution after 6 years - 354 on execution .... - 360 charge on lands for ...... 367 on discharge of prisoner - - ... 404 when garnishee liable to ... - 41 5 garnishee may be allowed - . - . 421 in awards .... ... 461 to be in discretion of Court ..... 453 saving as to trustee, mortgagee, executor - - ,, what expenses are included in - - - - - 464 security for, from absent plaintiff .... 435 „ ,, after arrest on mesne process - - 422B on change of solicitor - - - - - 468 new solicitor not entitled to, unless his name is on the record 469 on sureties in Probate justifying . . . - . 486 in settled estates, see Settled Estates. .... 600 where plaintiff does not appear at trial in small causes 31 XVIII, 31 XIX where defendant does not appear at trial in small causes - 31 XX coinsrciL OP judges to consider defects in law, &c. ..... y report by -----.- „ COUNSEL speeches of, at trial, as in England .... 334 COUNTEE-OLAIM. See Contribution. Indemnity. defendant to have relief on, and against third parties - - I (3) by defendant raising questions with third parties - - 148 service of copy on third parties (Form 12) ... 14,9 appearance thereto ..... 150 reply thereto ...... 151 application to exclude ...... 152 defendant may set up, or set-off as in cross suit - - - 162 maj^ be ordered to be disposed of separately - - - ,, to state it as set-off or counter-claim ... - 163 INDEX TO ORDINANCES IV. AND V. OF 1878. 875 181 182 344 31 X - 31X11 31 XIV Section, COUNTER-CLAIM— (Continued). on ground of defence to set off, &o., arising after pleading plaintiff may reply ...... ditto plaintiff' and defendant may deliver further reply or defence ...-.-.- judgment against plaintiff for balance - - defendant may enter on writ of summons in small causes notice of, to be given to plaintiff in small causes plaintiff to appear to, within four days in small causes . ,, state grounds on which, he disputes in small causes - if plaintiff does not dispute, to be taken as admitted in small causes ........ applications for amendment of, in small causes - where particulars of, not suflB.ciently set out in small causes 31 XYII may be proved by defendant where plaintiff absent at trial in small causes - - - - - - -31 XIX where defence to, not entered on writ of summons in small causes - - - - - - - -31 XXI COURT may make special orders for procedure in pending proceedings - ditto for procedure generally - - - - - interpreted ,.....-- may direct fees to be charged in small causes where proper officer draws papers ...... may naake orders necessary for conducting small causes to be opened one day in each week for small causes COURT OF APPEAL interpreted ------.- COURT OF REQUESTS removing suits from ...... where Commissioner refuses - jurisdiction in su,its for recovery of tenements - CREDITORS may come in under decree or winding up of company CROSS-EXAMINATION. See Affidavits. Evidence. Witnesses. of deponent examined on commission .... where evidence taken on affidavit ..... how, when deponent not in the Settlement . - - limited caveat for, of witnesses to will . . . - CROSS SUIT. See Oounter-Claim. CROWN rights of, preserved in sequestration .... Crown debts exempt from garnishment - - Crown debtors, debts of, recovery by information CROWN SUITS ordinance for, not affected .----- CUSTODY AND EDUCATION OF INFANTS rules of equity to prevail as to - CUSTODY OF PROPERTY. See Property. 2 3 6 31C 31F 31H 32 437 II (1) 222 233 234 486 148 377 408 409 11(9) CUSTOM rights by, to have effect 1(6) DAMAGES. See Assessment of. DEATH. See Change of Parties. suit not to abate on addition of parties on 273 274 87G INDEX TO OEDINANCES IV. AND V. OF 1878. DEBT suits for, may be specially endorsed ,, in small causes - - - . DEBTOR. See Judgment Debtor. - DECREE. See Judgment. judgment and decree synonymous . - . . what parties to be served with, notice of - bound by proceedings may apply to set aside minute of, given by Court ----- how settled before Registrar - . . . office copies of, how issued, efi'eot of - - - ■ to be dated, effect from that date - - . - . disobedience to, see Disobedience. . - . . DECREE BOOK judgment to be entered in - office copies of decree, form of date of judgment - - - - - - DECREE-HOLDER. • See Execution. interpreted --..-..- garnishee not satisfying, summons . - - . not proceeding with garnishment, notice of garnishment can- celled -.---.-. DEED execution of, in execution --.-.- DEEATTLT OP Ai'PEARANCE date of service of writ of summons must be endorsed before proceeding in ------- by infant or person of unsound mind - . . - application for assignment of guardian how order made ------ proceedings when defendant does not appear . . - ,, „ ,, , J, small causes must be on affidavit of service or notice to suit on bill of exchange, final judgment, leave to appear where writ for liquidated claim, but not specially indorsed „ claim for detention of goods, &c., not liquidated - assessing damages - - - - in suits to recover land, judgment for recovery - - - and mesne profits - . . . . in equity and all other suits . - ■ . where writ specially indorsed - - - - when service not personal or in the Colony - - - where several defendants - - leave to enter judgment or to proceed ex parte - in cases of account ------ order for account on application to be by motion - - - . . in suits for recovery of tenements, see Tenements. ,, applications for probate, &c. . - - . - DEFAULT OF PLEADING dismissal of suit on plaintiff's default - - - plaintiff may bring fresh suit - final judgment on defendant's default in liquidated claims against one of several defendants interlocutory judgment in case of, damages, &c. in case where one of several defendants makes default - where suits for liquidated demand and damages in suits for recovery of land - . . . ,, other suits plaintiff may set suit down for judgment - statement of claim to be deemed admitted - where several defendants . - - - - reply not delivered, effect . - - - - Section. 90 31A 364, 392, 393 7 122 341 347 348 349 383 340, 346 348 349 6 412 419A 382 82 83 31V 31 V, 83 84 85 87 88 89 99 100 97, 101 102 433 483 198 199 200 201 202 203 204 205 206 207 INDEX TO ORDINANCES IV. AND V. OF 1878. 877 DEFAULT OF PLEADING— (Continued). in issues between others than plaintiff and defendant judgment in, may be set aside .... DEFENCE equitable .... . . further time for delivery of ... . in suits for land may be limited . „ suits on bills of exchange .... where writ specially endorsed ... as to part, judgment .... by claim to contribution or indemnity ... when it must be delivered - . within eight days when statement of claim delivered when to be delivered, when leave given to defend costs of unnecessary denials . • when counter.claim affects third persons ... service of, on third party ..... appearance by third party - ... reply by third party ..... application to exclude counter-claim ' distinct grounds of, to be set out .... set off and counter.claim may be pleaded when may be disallowed .... in abatement, not allowed ..... not entered on -writ of summons in small causes maybe ad. mitted ........ to counter-claim not entered on writ of summons in small causes may be admitted - - r . where not a good, in small cause suit for debt or liquidated demand ........ not guilty by statute . . ... „ to be general, grounds of, to be raised in pleading . arising pending suit, pleading before statement of defence after statement ..... plaintiff may confess and enter judgment for costs (Form 13) - default of, in liquidated demands - withdrawal of, by leave - . . . judgment for defendant to recover balance of counter.claim „ by confession or consent (Form 13) ... • of tenement, by leave only ...... in Probate suits ------- default of ------ - grounds of, in small causes, to be stated to proper officer or appearance may be annulled - - - - - substance of, to be entered on -writ in small causes notice of grounds of, to be given in small causes - to counter-claim, groimds of, to be stated in small causes ,, ,, grounds of, to be entered on writ in small causes - applications for amendment of, before trial in small causes DEPENDANTS. See Defence. Parties. sued in representative capacity to enter appearance when, see Appearance, appearing in person - - - appearance by two or more, by same solicitor may appear at any time ------ not named in suit for land - . . . . appearing as landlord to state so - - not named, having leave to appear, notice may limit defence to part ..---. admissions by, in small causes - ■ 31 VI infant and lunatic, - - _ - not appearing, affidavit of service - - - when, may have costs taxed on writ specially endorsed - on writ specially endorsed when, may have leave to defend Section. 208 209 1(2) 76 80 84 93 96 129 138 145 146 147 148 149 150 151 152 161 162 166 - 31 XXI 81AII 168 170 181 182 183 199 214 344 345 430 485 31X1 ,3l"xi 31X11 - 31 XIV 40 67 ' 70 74 76 77 78 79 80 to 31 IX 82 83 92 93 878 INDEX TO OEDINANCES IV. AND V. OF 1878. _ Section. DEFENDANTS— {Continue,d). may be required to attend to be examined - - - 95 non-appearance -wbere writ specially endorsed (Form 28) - 99 wbere service not personal, or not in Colony ... loo „ several defendants judgment against some - . 101 ■who may be joined as , - - - . . . 106 judgment against one or more - - . - ,, not necessary, interested in all the relief - - . . 107 interested as to part only - - - . . ^^ jointly and severally liable, parties to bill of exchange . 108 joining in cases of doubt --.... 109 . ,, of, and striking out .... 123 person joined as, to be served .... 125 applications to add, &c. - - ... 126 when added, plaintiff to summons .... 127 amendments of claim on, being added .... 128 claim by, on others, for contribution, indemnity, &o., notice - 129 copy to be filed and served - ... nature of notice .... , igQ appearance to and default of appearance ... leave to appear afterwards ..... procedure on appearance .--... 131 to deliver statement of defence, set ofi", &c. ... igg may set ofi" and set up claims ..... ig2 pleading as to matters arising pending suit ... 181-182 may apply to dismiss suit - - . . . igg judgment entered in absence of, in small causes - - 31 XXIII having a defence not entered on writ of summons in small causes 31 XXI may pay money in satisfaction ... . 210 leave to withdraw defence or part .... 214 may deliver interrogatories - - - - . 280 when may give notice of trial - - . . . 319 ,, ,, in small causes - . - 31 XV securing property of, absconding, and trial thereafter . 422, 422A I II sequestered property of, liable to judgments - - 422A III V arrest of, on mesne process (Form 63) ... 422B c' D discharge of, after arrest on mesne process - . . 4220 leave to defend, in tenement suits - - . . . 430 to state grounds of dispute of claim in small causes to proper officer - - - - . . - 31X1 where not stated fully appearance may be annulled - to give notice to plaintiff of dispute of claim, and of counter- claim in small causes -----. appearing and plaintiff not appearing at trial in small causes - 31 XIX not appearing at trial in small causes and plaintiff appearing - 31 XX ,, having good defence in small cause suit for debt, &c. - 31A II may shew cause orally or by affidavit in small cause suit for debt &c. against judgment being entered - - 31 A II 31A II not shewing cause in ditto judgment may be entered - .' 31^ jy DELAY how avoided in pleading ----.. ig^ in applying for Probate ----.. 490 plaintiff guilty of, after arrest on mesne process - - . 4220 DBLIYBEY writ of, to enforce delivery of property, other than land (Form 36) .^80 DEMUEKER in what cases allowed - - ... j^q-i to be by way of motion for judgment (Form 14) memorandum to be filed grounds of, to be stated - - . day for hearing fixed by Eegistrar - copy of motion paper to be served amendment before or at hearing - . . motion as to part, answer to rest - - . 192 193 194 195 INDEX TO OSDINANCES IV. AND V. OF 1878. 879 _ Section- DEMUEREE— (Oontinued) . judgment on motion - - ... igg no demurrer except as above ..... 197 questions of law arising to be disposed of at trial - . „ DENIAL. See Specific Denial. . - ... 172 DEPONENT. See "Witness. may be cross-examined on commission .... 222 when must be produced for cross-examination ... 225-233 expenses of - ■- - ^. . . - „ how attendance enforced ..... 234 how cross-examined when not in the Settlement - „ DEPOSITIONS. See Evidence. 229 DETENTION of goods, suit for, interlocutory judgment in default - 86 „ property in suit, Court may order .... 303 DEVOLUTION OP ESTATE suit may be continued after, see Change of Parties. - - 275 DISABILITY. See Infant. Lunatic. Married Woman. DISCHAE&E of solicitor to be entered in Appearance Book ... 469 „ order for arrest on mesne process - - - 422C DISCLOSUEE by solicitors as to authority for writ - - 51 ,, partners as to names of other partners - - - 52 after such disclosure suit to proceed, how . - ,, DISCONTINUANCE when plaintiff may discontinue, and costs . - 213 not a defence to any subsequent suit - - - ,, Court may order - - - - - - „ defendant may withdraw defence by leave ... 214 ,, sign judgment for costs .... 215 DISOOVEET AND INSPECTION plaintiff's claim for, must be shewn in statement of claim . 160 notice to produce ....... 235 consequence of refusal ..... 236 order for production of documents .... 288 application for discovery ...... 289 affidavit in answer (Form 24) ..... 290 party may give notice to produce for inspection (Form 25) . 291 notice to inspect (Form 26) ..... 292 refusal to allow ....... 293 order for inspection, affidavit for ..... 294 when objected to, right in dispute, issue to be tried first, when - 295 consequences of disobeying order for discovery - - - 296 service of order for, on solicitor . - . - - 297 solicitor disobeying order ---..- 298 one or more interrogatories to be evidence - - - 299 all may be put in ------ ,, DISMISSAL of suit for want of prosecution ..... 198 fresh suit naay be commenced - - - ,, of motion for want of parties - - - - . - 261 on failure of discovery or inspection . - . . 296 DISOBEDIENCE to a decree, order to shew cause ..... 383 copy of order, service ...... 384 attachment for ------ - 385 enlargement of time . - - - . 386 fiine or imprisonment on non-appearance .... 387 commitment - - .... 388 880 INDEX TO OEDINANCES IV. AND V. OF 1878. Scciion . DISOBEDIENCE— (Continued). warrant of commitment . . - . . . 389 sequestration ....... 390 powers of sheriff under writ .... 391 DIVIDENDS unclaimed in insolvent or bankrupt estates . - - IV DOCUMENTS. See Discovery. 288 filed in cause to be marked with date and number - . 34 defendant to produce on application for leave to defend - - 95 filing of, when no appearance ... . 141 contents of, how stated in pleading .... I7g notice to produce .--.... 235 refusal or neglect - ... 236 notice to admit (Form 18) ...'.. 238 order to produce - - .... 288 application for discovery as to, on oath .... 289 contents of affidavit (Form 24) - ... . . 290 notice to produce (Form 25) ..... 291 mode and time of inspection (Form 26) ... 292 refusal to allow inspection of - - - - . 293 affidavit for order for inspection of - - - 294 objection on ground of disputed right to inspection of - 295 non-compliance with order for inspection of - - 296 service of order for inspection of on solicitor ... 297 neglect of solicitor to give notice of order for inspection of 298 use of answers to interrogatories at trial .... 299 signing of, in execution ...... 3g2 production of, on examination of judgment-debtor . . 396 effect of filing, where name of solicitor appears ... 469 translations of, to be by Court Interpreter or verified . . 474 DOMINUS LITIS Court may appoint ....... 121 EJECTMENT. See Land. EMBARRASSMENT in pleading how avoided ...... 134 ENDORSEMENT special, of writ in small causes (Form 60) - - . - 31 II of address for service ------ 36 ,, claim on writ of summons, see Writ of Summons. - 31 II, 37 form of (Form 3) - - - - . . - ' 38 , , in small causes (Form 50) - 31 n of capacity of parties - - ... 40 copy of, on sealing writ - - - . . 43 on writ that it may be served by solicitor - ... 43 of service on writ of summons ..... for mesne profits in suits for land - - - - 88 special endorsement of claim on writ of summons (Form 9) - 90 )> » » in small causes (Form 60) - 3111 to state amount claimed and costs in special - - - 92 of claim for account statement of claim on writ specially indorsed - . . 144 service on third parties ... . . 24Q on wiit of execution against lands (Form 33) . - . 3^4 ,, for recovery of tenements (Form 42) ... 429 of claim in small causes may be amended before appearance - 31 XIII ex parte applications for amendment of, before trial in small causes - . . . . . , .31 XIV where particulars of claim not sufficiently set out in, in small causes --..... 31 XVII of counter-claim where plaintiff absent at trial in small causes 31 XIX further, of issues on writ of summons in small causes . 31 XXII INDEX TO OEDINANCES TV. AND V. OF 1878. 881 DKDOESEMENT— (Continued). may be made on separate paper attaoted if not room on tho vrrit of summons --..... ENFORCEMENT OF ORDERS in like manner as in decrees . . . - . of Registrars ..... ENCLISH LAW inti'oduced as to mercantile matters .... but not to affect immoveable property ... ENTRY of filing of Writ of Summons, see Writ of Summons. „ appearance, see Appearance. ..... ,, Special Case, see Special Case. .... ,, suit for trial, see Trial. ..... ,, Judgment, see Judgment. ..... on record of solicitor's name ..... of discharge of solicitor to be m.ade in Appearance book . ,, solicitor's name, what is ..... EQUITABLE WASTE. See Waste. .... EQDITT. See Amalgamation of Law and Equity. rules of, to prevail as to insolvent estates and winding up no limitation in case of express trust .... equitable waste ....... merger ........ suits for possession of land by mortgagors ... assignment of debts and choses iu action ... stipulations not of the essence of a contract injunctions and receivers ...... in questions relating to custody of infants ... generally, in case of conflict ..... HQTTITT SUIT. See Suit. Pleading. actions at law and suits in equity how instituted . » . in default of appearance suit may proceed ... rehearing as to part only ...... ESTATE merger of, where allowed in equity .... creation, assignment, or devolution of, pendente lite suit not to abate, . - - -.- parties may be added ..... settled, what isa- EYIDENCE. See Witness. of renewed summons ...... witnesses to be examined viva voce at trial Court may order particular facts to be proved by affidavit or that witness may be examined on interrogatories liberty to cross-examine - - - - - witness in Settlement to be produced - - - subpoena for witnesses at other Settlement ... on interlocutory applications, may be by affidavit - Court may order deponent to attend for examination with documents ...---. 1 ule as to contents of affidavit ..... commission to examine witnesses ..... direction for examination - - - - depositions may be filed and used in evidence in certain cases . by affidavit, see Affidavit. . . - - of admission, may be proved by affidavit .... additional, in interlocutory applications - . . . ,, on shewing cause ..... answers to interrogatories, use of in .... samples of property and experiments for . 3k Section. 311 424 426 VI 43 67 220 315 340 469 11(3) II (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 30 89 337 11(4) 273 274 499A 45 222 223 225 226 227 228 229 230 239 263 269 299 303 INDEX TO OEDISTANCES IV. AND V. OF 1878. Section. EXAMINATION. See Judgment Debtor. ... - 369 of gamisliee refusing to satisfy decree-holder - - 412 ,, witnesses in cases of arrest on mesne process . - - 4220 ,, married women in sale of settled estate ... 498 in the Oolony --....- 499 out of the Oolony -...--,, EXECUTION on final judgment in default of appearance in small causes - 31 V ,, ,, as to admissions in small causes - 31 VII, 31 IX may issue within six years after judgment ... 363 may be renewed on terms after siz years - - - 364 persons not parties entitled to, and, enforced against - - 355 application for relief or stay of - - - - - 366 Court may order stay of - .... 357 extent of, as to sureties ...... 368 as to. partners, see Partners. ..... 359 recovery of costs of . - - . - - - - 360 Eegistrar to issue writs of execution .... 361 in case of doubt may apply to Court ... , , when to issue execution in decrees payable by instalments - 362 in small cause suit for debt or liquidated demand - 31A IV staying, in suits on bills of exchange .... 84A sequestered property liable to, to satisfy certain judgments 422A III EXECUTION AGAINST LANDS how judgment for payment of money may be enforced by - 364 writ, description, shewing cause (Form 33) - - ,, register in Execution against Lands Book . - 865, 422AV in force for six months ..... 366 decree-holder to have a charge, rank, property in another Settlement 367, 422A V writ returnable, amendment of, as to time ... 368 if no appearance, arrest, commitment .... 369 debtor and others to be examined - . - - . 370 order for sale ....... 371 conveyance by Sheriff, eifect of - - - . . 372 sale of debtor's interest in lands ..... 373 practice thereon, inquiries - - . - ,, notice to incumbrancers - - - . . 374 persons claiming under debtor to be bound - - ,, trial of issues under writ --.--. 375 sequestration where debtor does not appear ... 876 or notice of order of sale - - - - . ,, sale thereon ....... 377 conveyance, effect of ---... ,, Crown rights and landlord's reserved - - . - „ proceedings under chapter XXXI may be in chambers^ - . 378 interpleader on seizure ...... 379 when sequestered on mesne process .... 422A V EXECUTION OE OTHER DECEEES writs of possession of lands (Eorm 36) . . . . 380 goods (Eorm 36) . . . . „ specific performance ...... 38I signing of deed in absence ...... 332 powers in contempt reserved - - . . „ order to shew cause for disobedience .... 333 copy of order, service (Form 37) - - - - 384 attachment on non-attendance ' - . . . 385 enlargement of time in - - . . . 386 appearance, fine, committal ..... 387 detention in custody and security - ... - 388 warrant of commitment ...... 389 INDEX TO ORDINANCES IV. AND V. OF 1878. 883 EXECUTION OF OTHER DECREES— (Continued), sequestration (Form 38) - duties of Sheriff on - - - - existing rights to, preserved .... EXECUTORS and ADMINISTRATORS. See Trustees. capacity as, to be stated in -writ .... in suits for account against, writto be specially endorsed Court may order accourit on application on motion by notice on affidavit ... may represent the estate without beneficiaries being joined parties may be added .... may have decree against one legatee, &c. what claims, by and against, may be joined in one suit - denial of right to sue as, to be pleaded specially - paying money into Court ..... right of, to costs out of particular fund ^ - EX PARTE. See Interlocutory Applications. EXPENSES of service of writ of summoms „ ,, by solicitor „ noting bill of exchange - - - „ producing deponent for cross-examination ,, execution .... „ citing numerous parties in Probate EXPERIMENT may be made on property for evidence EXPRESS TRUSTS Statutes of Limitation not to apply to Section. 390 391 425 40 102 103 110 120 135 164 309 463 63 48 91 233 391 481 303 11(2) FEES in schedule 54 to be charged in small causes when proper officer draws papers ....... 31C FICTITIOUS ADDRESS. See Appearance. ... 71 FILING. See Registrar. Documents. Arbitrations. FINAL JUDGMENT. See Judgment. on bills of exchange ...... 84 ,, liquidated claims ...... 85 in suits for lands ....--.87 ,, small causes - •■ - - - - -31V FINE. See Penalties. - 401 FIRE INSURANCE ' law of, as in England ...... VI FIRM. See Partners. service of writ of summons on ----- 61 on one person in firm ----- 62 partners to appear individually ----- 72 one person in firm ------ 73 partners may sue or be sued in name of - - - - 115, 116 denial of partnership to be pleaded - - - - 164 FORMA PAUPERIS SUITS when Registrar may make order for - - - - 16 petition for leave to sue or defend in - - - - 459 affidavit ....... 460 no fees in, except ------- 461 loss of privilege -...-.. 462 FORMS. See List of Forms at end of this Index. prescribed for?nB, what are . - - . . g included in rules and orders - ■ - - - „ 3 t: 2 884 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. lOKMS— (Continued). what may be used .--.---]4 where none provided - - - - - ,, general heading (Form 1). .. of endorsement of claim (Form 3) . ... 38 FRAUD _ if relied on in pleading to be alleged .... 170 to be alleged as a fact in pleading • - - - - 177 FRAUDULENT PREFBRBNOES no payment or composition of debt after arrest exempt from provisions as to - - - - - - - 392 FUSION OF LAW AND EQpiTT. See Amalgamation. - I, II GARNISHMENT debts, &c., of judgment-debtor may be garnished . - 407 notice of (Form 48) - - - - - ,, property attached on notice - - - - - 408 subject to Crown debts, liens, bankruptcy - - ,, penalty for disposing of property under .... 410 of property in public custody, and in custodia legis - - 411 garnishee refusing to pay, summons ■. . . . 412 investigation as to property in his hands - . - . 413 order thereon, payment, sale, &c. .... 414 personal liability of garnishee ..... 415 where his liability disputed, issue or summary - - 416 ,, several claimants ...... 417 discharge to garnishee ...... 418 notice of, may be dissolved by order on consent filed (Form 49) . 419 ,, cancelled where not proceeded with ... 419A sheriff to give notice to garnishee of cancellation of notice of - 419 A Court may stay proceedings ..... 420 allowances to garnishee for costs, expenses, trouble, &c. - 421 GAZETTE, GOVERNMENT publication of notices in .•..'. . . 13 'GENERAL ISSUE in suits for land — plea of possession .... 165 by statute preserved ...... 168 joinder of issue, effect of - - - - - - 173 denial of contract, effect of ..... 175 •GOODS SOLD. See Property. special endorsement on writ for ~ . - . . 90 GUARDIAN. See Infant. Lunatic." service of writ of summons on, for infant - - - . 59 „ ,,, ..for lunatic , ... 60 for infant or person of unsound mind .... 82 plaintiff may apply for appointment of, for defendant „ infant may sue by, or next friend - - . - . Ill lunatic may sue and defend by - - - - . 112 application by, of infant for probate .... 427 proceedings, by and against, as to' settled estates - - - 497 HABEAS CORPUS when orders to bring up persons granted by Registrar . . 16 HEARING. See Trial. trial and hearing synonymous . . • . . . 7 HEARING OP INTERLOCUTORY' APPLICATIONS if parties not before the Court, dismiss or adjourn - - 261 adjournment generally ...... 262 amendments, further evidence, &c. .... 263 INDEX TO ORDINANCES IV. AND V. OF 1878. 885 Section. HBAEING OF INTERLOCUTORY APPLICATIONS— (Gontinned). what order Court may make, costs .... 264 order to be drawn, service of copy .... 265 order different from that asked for .... 266 ex parte order, vary or discharge, terms . . - - 267 order to shew cause, 4 days return .... 268 general powers of Court ...... 269 hearing suit ex parte after sequestration on mesne process - 422A HEIR estates in remainder or reversion descending to - - - 499A HEIR AT LAW howjnay he represented ...... 114 HUSBAND AND WIFE. See Married Woman. service of writ of summons on ----- 58 joinder of causes of action •--.... 135 husband of party niay be added on. marriage ... 274 examination of wifg apart from husband in leases and sales of settled estates ....... 498 IMMOVEABLE PROPERTY law of England not introduced as to - - - - VI IMPRISONMENT. See Attachment. not a discharge under Sections 401 & 402 ... 403 of defendant after arrest on mesne process ... 422B INCIDENTAL BIGHTS to be recognized by Court in suits - - - - I (4) INCOME of surplus pfoperty'in suit "may be' paid . . - . 307 INDEMNITY ' claimed by defendant against third persan, may be tried in the same suit, notice ...... 129 appearance to ------ - 13iO trial 'of issue as to - - - - - - - 131 being given by plaintiff in suit on lost bill of exchange - - 39A not tendered in suit on lost negotiable instrument, no costs - 39B INDEX ■ - ■• • of judgments, alphabetical ..... 346 INDORSEMENT. See Endorsement. INFANT. See Guardian. custody of, rules of equity to prevail - - - - II (9) service of writ of summons upon - - ... 69 default of appearance, application to assign guardian - - 82 to sue and defend by guardian or next friend ... Ill no admissions in pleadings against .... 169, 205 how to be bound in special .case stated .... ^19 as to varying order for change of parties .... 279 application for probate by guardian of - - - - 472 proceedings by and. against, as to settled estates - - - 497 guardians for - - - - - • ,, INJUNCTION. See Interlocutory Orders. cause not restrained by - - - - - - I (6) may be granted by interlocutory order - - - • II (8) when granted by Registrars ----- 16 INQUIRIES AND ACCOUNTS - may be directed at any stage ..... 327 INSOLVENT ESTATES administration of, as in Bankruptcy - - - - II (1) payment of unclaimed dividends in - - - - IV proceedings -as to settled estates ----- 497 886 INDEX TO ORDINANCES IV. AND V, OF 1878. INSPECTION. See Discovery and Inspection. of property in suit, Oonrt may order ... Section. 291 303 INSTALMENTS in small causes Court may order payment by - - - 343 execution in default of payment of - ' - - 362 payment by, in execution --.--- 402 INSUEANCE. See Marine Insurance. Fire Insurance. Life In- surance. -.-..-.. VI INTEREST in judgment on bill of exchange - . ... 84 in small cause suit for debt or liquidated demand - - 31A 1 INTERIM PSESEEVATION OF PROPERTY. See Property. II (8), 301 INTERLOCUTORY APPLICATIONS evidence oil, may be by aflBdavit - - - ... 225 order for attendance of defendant - - - ,, by petition, motion, or summons ... - - 240 Court to give facilities for bearing .... 241 orders in cbambers, same eflfeot as in Court ... 242 to be by summons .---.-- 248 amendment of documents, further evidence in - - - 263 to pay money out of Court -..--- 311 under Chapter XXXIV to be by summons ... 406 ex parte for return of summons in small cause at shorter date - 31D person not named may appear to suit for land on . - 77 on sequestration on mesne process .... 422A See Admissions of fact. ...... 272 ,, Hearing of. ._...--. 261 „ Motions. ........ 253 „ Petitions. ..»,.-.. 243 „ Shew Cause, Order to ----- - 268 ,, Stay of Proceedings. ...... 271 ,, Summons. ....... 248 ,, Summons before Registrar. ..... 270 INTERLOCUTORY JUDGMENT in suits for liquidated claims ..... 86-88 may be entered in suit for damages .... 201 ,, ,, small causes where demand is unliquidated [31 VIII, 31 IX against one of several defendants ..... 202 and final, against the same defendant .... 203 „ ,, „ ,, in small causes - - 31 IX INTERLOCUTORY ORDERS ex parte may be varied, &c. - - . . . 267 mandamus and injunction granted, and receiver appointed by - II (8) for interim preservation of property .... 30I ,, sale of perishable articles ..... 302 ,, detention, preservation, or inspection of property - - 303 application tinder section 301 when to be made - . . 304 to deliver up property subject to a lien .... 305 INTERPLEADER in regard to assignment of chose in action - - - II (6) when order for, granted by Registrars - - - - 16 application by defendant for relief .... 308 summons for, on execution (Eorm 34) - - - - 379 copy of summons for, to be served on judgment creditor - ,, INTERPRETATION of terms contained in the Ordinance - . - « 6, 7 INDEX TO OKDINANCES IV. AND V. OF 1878. 887 INTERPRETATION— (Continued). "Court," "Court of Appeal," Section. ■ statute," " proper officer," "sheriff," "service," "sealing," "decree-holder "and "judg- ment creditor," "judgment-debtor," rules and orders, "party," " prescribed form " - . - . . -67 " Cause, action, and suit," " Order and Rule," " Judgment and Decree," " Attorney and Solicitor," " Trial and Hearing," "Statement of Claim and Statement of Complaint," to be deemed synonymous terms respectively ... 7 of -words " settlement " and " settled estate " - - . 499A INTERROGATORIES. See Evidence. evidence at trial when may be by - - . - 222 when deponents may be ordered to answer . - . 234 parties may deliver interrogatories - . - . 280 rules as to (Eorm 22) - - - - - ,, costs where improper interrogatories .... 281 in suits against corporations and companies - - • - 282 application to strike out improper, interrogatories, scandal, &c. - 283 filing answers within ten days by affidavit (Form 23) - - 284 objections to answering stated in affidavit ... 285 sufficiency of answers, no exception taken, summons - - 286 application when answer to, insufficient .... 287 use of answers to, in evidence ..... 299 in applications to propound wills ..... 488 IRRELEVANCY. See Prolixity. in pleading ...... - 138 ,, interrogatories ....... 281 ISSUES in what cases they may be ordered to be prepared - - 1S8 and settled by Court - - - - - ,, new issues in pleading, rule as to - - - - 170 with others, default of pleading to .... 208 to decide right to discovery ..... 295 for trying right to issue execution after six years - - 354 on disputed liability of garnishee .... 416, 417 in small causes may be declared by Court and entered on writ of summons ...... 31 XXII JOINED DEMANDS final and interlocutory judgment in . . - - 203 JOINDER OF CAUSES OF ACTIOir what causes of action may be joined. Court may order separate trial 133 what may be joined in suit to recover land ... 134 claims by trustee in bankruptcy not to be joined with other claims - - - - -- -- 135 claims by or against husband and wife may be joined with claims by or against either ----,, claims by and against executors may be joined with others in respect of the estate - - - - „ joint and separate claims may be joined - - - „ defendant may, apply to confine suit to some of the claims - 136 Court may exclude claims ------ 137 JOINDER OF ISSUE on close of pleadings ..-.-- 157 may be pleaded without leave ..... 173 effect of, denial of allegations, exceptions - '■ ,, JOINDER OF PARTIES. See Parties. . . - - 123 JOINT AND SEPARATE OLAEMS plaintiff may join all or any parties jointly liable - 104, 106, 108 may be joined, rules for ^ . . - - - 135 888 INDEX TO ORDINANCES IV. AND V. OF 1878. Sectioiu JOINT STOCK COMPANIES. See Companies. law of, as in England ...... VI JUDGES council of---.-..- V in absence of, Registrar's powers ..... 16 appeal to, from Eegistrar -...-- 17 JUDGMENT. See Execution. judgment and decree synonymous .... 7 wten set aside by Registrar . - - - - 16 final in bills of exchange (Form 28) - - . - 84 setting aside, in suits on bills of excbauge ... S4A final for liquidated demands ..... 85 interlocutory, on unliquidated demands (Form 30) . - 86 final in suits for land (Form 29) - - . - - 87 or interlocutory in money claim in suit for land - - 88 On Wkits Specially Bndobsed. leave to sign final, when defendant appears to a writ specially endorsed - - .... 93. requisites for afiBdavit for . - - - - 93 on what grounds leave to defend ----., order to sign final (Form 27) - - - - - ,, final in default of appearance in small causes - - 31 V application for leave to enter, to be by summons - . 94 defendant may shew camae ..... 95 as to part not defended ...... 96 may be entered as to admissions in small causes - - 31 YIT-31 IX where several defendants, judgment as to some - - - 97 final, on non.appearance after personal service . . - 99 „ „ „ service in small causes - - 31 V where service not personal or in Colony .... 100 „ several defendants, non-appearance by some - - 101 in default of appearance to suit for account ... 102 application by motion ...... 103 defendant may shew cause against, in small cause suit for debt, &c. - - . - . . - . 31 A I may be entered where no cause shewn in ditto . 31A II, 31A IV General. for such plaintiffs as are entitled to relief ... 104 against such defendants as are found liable - - - 10 6 on demurrers ....... 196 final in default of plea in liquidated demands (Form 28) - - 19& when several defendants ..... 200 interlocutory for damages and assessment of damages (Form 30) 201 ,, „ ,, „ „ in small causes 31 VIII, 31 IX against some of several defendants - . . 202 in joined demands final, and assessment of damages - . 203 ,, ,, ,, „ ,, in small causes 31 IX possession in suits for land (Form 29) - - - . 204 in other suits, motion for (Form 31) . - . . 205 when several defendants ..... 206 in suit, where third parties, motion for . . . . 208 by default, may be set aside ..... 209 for costs, on accepting money paid into Court ... 212 defendant may sign judgment for costs, on discontinuance - 215 application to set aside, by default to be by summons - - 248 ditto to enter judgment under section 93 - . . „ in absence of party at trial, may be set aside - . - 332 „ ,, ,, ,, in small causes 31XXin Court may direct entry of, at trial (Form 32) - - . 333 or may leave parties to move for . . . . „ not to be entered after trial without leave - - - ,, party entering, to deliver minute - . - . . 340 given by Court, minute of -to be filed .... 34I INDEX TO ORDINANCES IV. AND V. OF 1878. 889 Section. JUDGMENT— (Continued). written judgment of Court to be filed .... 342 by instalments, in small causes - - - - . 343 in favour of defendant for balance .... 344, by confession or consent (Form 13) - - - - 345 to be recorded in Decree Book ..... 346 , , settled before Eegistrar, how .... 347 office copies of - - - . - . - , 348 entry of, to be in Decree Book, effect from tbat date - - 349 to be entered as of date wben pronounced - ' . . „ relief against ....... 356 stay-of 357 sureties for performance of ..... 358 against partners ....... 359 costs of execution ....... 360 may be given in certain cases ex parte after sequestration on mesne process ....... 422A I existing rigbits to enforce, preserved .... 425 execution on, to be in force for six years ... - 353 how to be enforced, see Execution. .... 383 satisfaction of, by sequestered property ... 422A III JUpaMENT CEEDITOR • interpreted -.-..--. 6 copy of interpleader summons to be served on - - - 379 prior claims of any, on property sequestered - - 422A III JUDGMENT DEBTOE. See Garnishment. interpreted -..--.-- 6 summons to appear in execution against his lands - - 364 arrest of, in default of appearance .... 369 examination of, by Court -.---- 370 order for sale of interest of, in lands .... 371-373 sequestration of lands ...... 376 sale ,on sequestratioja ...... 377 Examination or summons against, to be examined (Form 39) - - - 393 order for arrest for examination of - - - - 392 may apply for rescinding of order of arrest - - - ,, discharge of, after arrest on giving security - - - » proceedings on appearance ..... 394 witnesses, subpoena for ...... 395 production of books, &c. .-..-- 396 examination in absence of - - - - - - 397 adjournment and security ...--. 398 interim order as to jjroperty ..... 399 closeof investigation, discharge of, unless ... 400 penalties for certain offences by - - - - - 401 payment by instalments, commitment .... 402 imprisonment no satisfaction of debt .... 403 discharge on payment ...... 404 certificate of satisfaction .----- 405 applications to be by summons ..... 406 JUEISDICTION service of writ of summons out of (Form 7) - - - 66 JUET civil suits tried without ..---- 314 LAND. See Tenements. .. - - - - 427 service of writ of summons to recover - - - - 64 persons not named may appear to suit for - - - 77 landlord to state he appears as landlord - - - - 78 ' when person not named obtains leave to appear, notice - - 79 defendant may limit defence (Form 8) - ■ - - 80 890 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. LAND— (Continued). default of appearance to suit for possession ... 87 „ for mesne profits, &c. . . - 88 claim for recovery of, not to be joined witli other causes of action except by leave --...- 134 except mesne profits, rent, &c. - - - - t, defendant in possession need not plead title, unless equitable - 165 judgment for possession of, in default of plea ... 204 sequestration of, in execution ..... 376 sale under ...... 377 execution for, by writ of possession .... 380 in disobedience ...... 390 powers of Sberiff under writ .... 391 sequestration of, on mesne process ... 422A V LANDLOED AND TENANT. See Land. Tenements. - - 427 appearance by landlord in suit for land . - - - 78 rights of ground landlord preserved in sequestration - - 377 chapter XXXVIII not to prejudice rights of landlords - - 439 LANDS. See Execution against lands. order for sale of, in suit ..... 306 sale of, in execution ...... 371 „ ,, after sequestration on mesne process 422A VI conveyance by Sherifi", effect of . - . - . 372 sequestration of, on mesne process .... 422A V recovery of tenements, see Tenements. .... 427 LAW. See Questions of 216 LAW AND EQUITY. See Amalgamation. to be concurrently administered . . - . . I rules as to conflict between ..... II LEASES. See -Settled Estates. IX, 494 LEAVE to renew .writ .......44 for service out of the jurisdiction ..... 66 ,, married woman to sue and defend without husband - - 111 to serve notice of claim, against third party ... 129 „ join causes of action in suits for land .... 134 ,, pay money with plea - . - . . . 210 „ discontinue suit, &o., ...... 213 „ withdraw defence ...... 214 ,, set down special case with parties under disability ' - - 219 LEAVE TO AMEND. See Amendment. - - - - 184 LEAVE TO APPEAR See Appearance. .... 67 when order for, by Registrar ----- 16 appearance by person not named in writ for land - - 79 in suit on bills of exchange - . - . .84, 98A ,, ,, on judgment being set aside - . 84A in writ specially endorsed ...... 93 by person against whom claim is made for contribution . . 130 in suits for land - '- - . . . - 77, 430 LEAVE TO DEFEND in suit on bills of exchange ..... 93^ „ „ onjudgment being set aside - 84A when order for, by Registrar ----- 16 on writ specially endorsed - - - - * . 93 where defence applies to part only . . . . 9^ „ several defendants ...... 97 may be given unconditionally or on terms ... 93 under Section 93 defence to be delivered when ... 14g application for, to be by summons - - . . 248 in suit for recovery of tenements by landlord ... 430 ,, small cause suit for debt or liquidated demand . . 31 A VI INDEX TO ORDINANCES IV. AND V. OF 1878. 891 LEAVE TO PLEAD. See Pleading. - . . . ^° 138 LEAVE TO SiaN PINAL JUDGMENT where -writ specially endorsed, and tte defendant appears - 93 requisites of affidavit in support -...,, on what grounds leave to defend may be granted - - „ applications for, to be by summons .... 94 defendant may shew cause ..... 95 Judge may order final judgment - .... 96 where several defendants ...... 97 on what terms granted ..... gg LEGAL EIGHTS AND CLAIMS Court to give efi"ect to . - - - . - I (6) LIEN property subject to, may be ordered to be given up on terms . 305 LIPB INSUEANCE law of, as in England -...-. VI LIMITATIONS Statute of, inapplicable to express trusts .... II'(2) must be pleaded ...... 170 LIMITED APPEAEANCE in suit for recovery of land (Porm 8) . - - - 80 ,, probate caveats ....... 486 LIQUIDATED DEMAND. See Writ of Summons. Judgment. default of appearance to writ for - . - • . . 85-88 suits for, may be specially endorsed .... 90 judgment may be entered for, where admitted by defendant in small causes - - . . . - .31 IX where claim is for, in small causes .... 31A LIS PENDENS not to bind till registered ...... 350 particulars - . - - - - - ,, register of lis pendens .-.-.- 351 duration and renewal of register - . . - ,, entry how discharged ...... 352 LOST BILL OP EXCHANGE Court may make decree on, if indemnity be given . . 39A no costs in suit on, unless indemnity tendered ... 39B LUNATICS serviOe of writ of summons on committee of - - - 60 default of appearance, application to assign committee . . 82 suits by and against ...... 112 by committee or next friend or guardian . . - ,, no admissions in pleading, against .... 169, 205 how to be bound in special case stated ... - 219 as to order for change of parties on - - - - 279 proceedings by and against as to settled estates ... 497 MALICE to be alleged as a fact in pleading - MANDAMUS may be granted by interlocutory order when granted by Begistrar MAEINE INSUEANCE ■ law of, as in England MAEEIAGE. See Change of Parties, not to cause suit to abate - addition of parties on - 177 11(8) 16 VI 273 274 892 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. MARRIED WOMAJ^ service of writ on- - - - - - - 58 may pue by next friend .-..-- Ill may with leave sue and defend without husband, on giving security for costs - - - - - >> what, cause of action as to, may be joined ... 135 how to be bound in special case stated .... 219 proceedings by and. against, as to settled estates - - - 497 examination apart from husband .... 498 separate use, no forfeiture - - - - - „ examination of, in Settlement .... 499 out of Settlement or Colony - - - - - >> MEMORANDUM of renewed writ, see Writ of summons. . . - - 44 , , appearance, see Appearance. (Eorm 8) - - - 68-71 ,, demurrer, see Demurrer. (Form 14) - - 192 ,, lis pendens ..... . 360-352 to dissolve garnishment (Form 49) .... 419 of appointment of solicitor ..... 466 ,, change of solicitor ...... 467 to be entered in Appearance Book - - - ,, MERCANTILE LAW questions of, to be decided as in England ... yi MERGER. See Conflict of Law and Equity. - - - II (4) MESNE PROFIT. See Land. Tenements. - - - 134, 428 MESNE PROCESS sequestration on (Form 52) - - - - 422, 422A arrest on (Form 53) ..... 422B, 0, D MINUTE. See Decree. --..-. 341 MISJOINDER. . See Parties. suit not to be defeated for .--... 123 MONET- subsistence, for prisoners in custody under Ordinance - - 422D MONET CLAIMS for rent, mesne profits, damages may be added in suits for re- covery of lands .--.-.. 88,134 ditto in suits under chapter XXXVIII for recovery of tenement 427 answer to, in tenem^ent suits ..... 434 final or interlocutory judgment - - - . ,, in small cause suits for debt or liquidated demand - - 31A MORTGAGEE right to costs out of particular fund - - ' - . 463 MORTGAGOR may sue for possession of land - - - - - II (5) MOTION. See Interlocutory Applications. interlocutory applications on - - - - . 240 notice of, may be given to any defendant - - . 253 two days' notice ...... 254 motion paper to be filed (Form 21) - - - . 255 Court may hear summarily, vivS, voce or in writing - - 256 fortn and contents of, alternative - - - . . 257 argumentative matter, amendment .... 258 all afl&davits to be filed with - - - . . 259 when to be on notice ...... 260 leave without notice, irreparable injury - . . ,, on terms and setting aside order - . . . ,, hearing of, see Hearing of interlocutory applications. - - 261 order upon admissions of fact to be by • - - - 272 INDEX TO ORDINANCES IV. AND V. OE 1878. 893 Section. M OTION— (Continued) . for new trial •-..... 335 to set aside probate ...... 4,91 MULTIPLICITY OF SUITS avoided --...... (7) NEW ASSIGNMENT abolished, may be by way of amendment .... 167 NEW GEOUND OF CLAIM in pleading, rule as to - - - - - - 171 NEW TRIAL to be by motion to Court to shew cause .... 335 must be made within eight days - - - - ,, order for, to be served within four days .... 336 to be granted for surprise or miscarriage of justice only - 337 in equity suit may be as to part of decree - - , , in other suits as to part ---..- 338 order to be a stay of proceedings, unless - - - - 339 where judgment in absence of parties set aside in small causes 31 XXIII NEWSPAPERS publication of notice, &c., in ... -13 NEXT OF KIN how may be represented in preliminary inquiries - . 114 may have decree for administration without serving the others - 117 estates in remainder or reversion descending to - - - 499A NEXT FRIEND infants, married women, and persons of unsound mind, may sue and defend by - - - - . - - 111 not to be added, without consent - - . - -■ 124 NON-APPEARANCE. See Default of appearance. - - - 82 NON-COMPLIANCE with Ordinance does not render proceedings void - - 12 amendments may be made - - - - ,, NON-JOINDER. See Parties. 123 NOT GUILTY BY STATUTE plea of, may be pleaded ...... 168 NOTICE of claim against thjrd party - - - - - I (3) ,, assignment of chose in action - - - - - II (6) to be in writing, publication of - - - - - 13 service of, in lieu of writ, see Writ of summons. (Form 6) - 56 of appearance. See Appearance. - - - - 76 by defendant not named in writ in suit for land - - - 79 of limited defence, as to lands (Form 8) - - , - - '80 , counter-claim to be given to plaintiff in small causes - - 31 X „ „ „ effect of 31 XIX , , grounds of dispute of claim to be given to plaintiff in small causes 31 XI ,, amendment of claim to be given in small causes - - 31 XIII ,, amendm.ent. Court may require notice to be served - - 31 XIV to shew cause against judgment being entered in small cause suit for debt or liquidated demand - - - - 31A I ditto to be printed in red ink on back of summons - - 31A V of application to appoint guardian . - - - 82 ,, claim to contribution (Form 9) - - - - 129 copy, filing and service - - - - - ,, what to contain and service - - - - - 130 of contribution or indemnity from third parties - - - 132 that statement of claim is to the effect of special endorsement - 144 allegation of, in pleading -,--,- 178 INDEX TO OEDINANCES IV. AND V. OF 187'8. Section. NOTICE— (Continued). of demurrer (Form 14) ...--- 191 „ hearing dem.urrer ...... 193 ,, judgment ........ 205 „ assessment of damages ... . . 206 ,, ,, ,, in small causes - - 31 YIII, 31 IX „ payment into Court (Form 16) - ... - 210^ ,, acceptance of money paid into Court - - - 212 ,, discontinuance ....... 213 ,, cross-examination of deponent, when evidence to be given by affidavit ...-...- 233 to produce documents ...... 235 consequence of refusing ... 236 of admission of opposite case ..... 237 „ ,, „ plaintiff's claim in small causes to be given by defendant - - - - - - • 31 VII to admit documents, refusal (Form 18) .... 238 of hearing endorsed on petition (Form 19) - - - 247 may be served after issue of writ ..... 253 of motion, see Motion. . - - ... . 260 adjournment for want of - - - - - - 261 to vary order ex parte ...... 267 of change of parties by death, &c. .... 274 to inspect documents, see Discovery. (Form 25) - - 291 on Trustees, &o., paying money into Court ... 310 of trial by plaintiff- ...... 316 ,, ,, in small causes - - - 31 XV length of - - 316 ,, in small causes - - - - - 31 XV short .... ... 317 by defendant ....... 319 • ,, in small causes ..... 31 XV of garnishment see' Garnishment. (Form 48) . - 407, 411, 419A 5, trial after sequestration on mesne process ... 422A to quit by landlord ...... 427 of having leave to defend tenement suit - - - - 432 by sub-tenant, in suits for tenements - . . . 436 of non-agreement of arbitration ..... 447 „ appointment of umpire ...... 448 ,, caveat filed ... ... 479 in application for Probate ...... 481 to have will proved in solemn form, or that sureties justify - 486 of petition in settled Estates ..... 496 „ trial, proof of service of, in smsill causes - - - 31 XX NOTICE IN LIEU OF SEBVIOE how given .-...--. 56 OATH. See Affidavit. in administration. See Probate. ..... 493 OFFENCES fine for non-appearance of judgment debtor in execution - 387 punishment for, under section 401 .... 40I garnishee disposing of property - . - - - 410 OFFICE COPIES. See Copy. of decrees .-..-... 348 OFFICES of the Court when open ...... 15 OMISSION to enter a defence or counter-olaim on writ of summons in small causefj - - - - - - - .31 XXI INDEX TO ORDINANCES IV. AND V. OF 1878. 895 Section. ORAL EVIDENCE in trials ........ 222 ,, motions ........ 269 „ arrest on mesne process ..... 4220 ORDER. See Enforcement. interpretation of -.-.-. . 7 orders necessary for conducting small causes may be made - 31E made in Chambers same effect as if in Court . - - 242 may be enforced in tbe same manner as a judgment - - 424 by Registrar bow enforced ..... 426 of Court fixing fees in small causes wbere proper officer draws papers ........ 310 PARTICULARS where not sufficiently set out in small causes . 31 XVII Court may direct further, in small causes - - ,, where party has refused further, in small causes - „ of memorandum of appearance to be entered in 'Appearance Book 68 PARTIES. See Third Parties. what may be done by consent of - . . . . 11 suing or sued in a representative capacity (Form 5) - - 40 who may be joined as plaintiffs, joint, several or alternative relief ... .... 104 judgment for costs to defendant or one or more plaintiffs . ,, substitution and addition of, in case of wrong or doubtful parties 105 who may be joined as defendants ..... 106 no amendment necessary .....,, no objection that all defendants not interested in every cause of action ...-.-.. 107 all or any parties liable on one contract may be joined . . 108 where doubts exist as to the party liable . . - . 109 trustees, &c., may sue and be sued as such, without joinder of parties beneficially interested ..... 110 Court may add or change parties - - - ,, married women and infants may sue by ne?t friend . - 111 infants may defend by guardians - - - - „ married women may sue and defend without their husbands by leave, costs ----!, lunatics as plaintifis and defendants, by committee or nest friend 112 one or more representing numerous parties ... 113 next of kin or a class how represented when not known . . 114 partners may sue and be sued in name of firm ... 116 a single partner ditto .... - 116 in administration suit decree without serving all parties - 117 cestui que trust may have decree ditto .... 118 protection of property, waste, one may sue for all - . 119 executors and trustees, decree against one legatee, &c. - - 120 other parties may be added, dominus litis - - - 121 to be served with notice of decree, bound thereby, liberty to attend ........ 122 ' not represented by solicitors, when proper officer to draw papers for in small causes ..... 310, 31Gr J'OINDEB OE suit not defeated for mis-joinder or non-joinder ... 123 adding or striking out . '. . . no person to be added as next friend without his consent service on parties added ..... application to add or strike out plaintiff or defendant service on added defendants .... amended writ, and statement 124 125 126 127 128 896 INDEX TO OEDINA.NCES IV. AND V. OF 1878. Section. PARTIES— (Oontinned) . defendant may claim contribution, &c., from third party - 129 notice of application -----„ when necessary nature and service of notice - - 130 appearance in such, oases - - - - - >. directions as to trials of issues ... - 131 order of Court as to - - - - - 132 to deliver pleadings - - - - - - 140 ,, ,, except in 'Small causes, and as allowed in s. 31G- - - 31XVI in small causes may apply that pleadings be filed - - 31 G- to sign pleadings ....--- 159 issues between, may be ordered to be entered on Writ of Sum- mons in small causes ..... 31 XXII Chauge op, by Death, &c. suit not to abate by death, marriage, or bankruptcy, if cause of action survive ....... 273 successor in interest may be made a party ... 274 the same on devolution of estate .... 275 order to add or change parties maybe ex parte . - - 276 service of order ...... 277 application to discharge order .... 278 by persons under disability ..... 279 numerous, in applications for probate - - 481 in probate suits ...... 484 PAETNERS. See Firm. disclosure of names of, by - consequences of refusal . . - after disclosure suit how to proceed service of writ on - where single partner .... appearance by - - - - - where single partner . . . - may sue and be sued in name of firm application for names of - - - costs on refusal to give names single partner in'flrm . . . - execution against . . . - - PARTNERSHIP law of, as in England ...... VI PARTNERSHIP ACCOUNT suit for, writ to be specially endorsed .... 102 Court may order on application ----,, application by motion on affidavit .... 103 PARTY. See Parties. person served with notice of claim to be deemed a - - I (3) interpretation of------- 6 PAUPER SUITS. See Pormi Pauperis. - - - - 459 :?ATMBNT of unclaimed dividends ...... IV by garnishee, a discharge .-.-.- '418 of judgment debt after arrest ..... 392 PAYMENT INTO COURT by defendant to obtain leave to plead .... 98 ,, ,, ,, in suits on bills of exchange 98 A in what cases allowed by way of satisfaction at what Lime . . . . - to be pleaded ..... ,, made to proper officer ... and notice to be given to plaintiff (Form 15) 52 61 62 72 73 115 116 359 210 INDEX TO ORDINANCES IV. AND V. OF 1878. 897 PAYMENT INTO COFBT— (Continued). Section. how amount paid out to plaintiff or solicitor ... 211 effect of....... 212 acceptance iu satisfaction, and notice (Form 16) . „ costs on acceptance, taxing and judgment for costs . ,, of property in dispute ...... 30I when property is claimed on account of lien . - - 306 in interpleader summons . - - . . .' 308 hy Trustees. See Trustees. .... yn^ 309 PAYMENT OUT OP COURT. See Trustees, Relief of of money paid in with plea ..... 211 application for money paid in by Trustees, &c. - - . 311 costs on........ 312 PEACE OPPICERS. See Police. 389 PENALTIES for offences by judgment-debtors ..... 387, 401 ,, garnishee - - . . . 410 PENALTY in procedure for arrest on mesne process where suit is for a . 422B PENDING PROCEEDINGS how dealt with ....... 2 special orders on- . - . - . . ,, PENDING SUIT. See Pleading. 181 PERISHABLE GOODS order for sale of, or bringing into Court ... 302, 422A IV PETITION. See Hearing. interlocutory application on .... . 240 facilities for hearing ...... 241 how presented by filing in Registry (Form 19) - . . 243 copies for service - . . . - . ,, to be marked by Registrar . - . . . ^^ how intituled if not in suit ..... 244 to bo entered in Cause Book - - - - „ not in suit to be served as writ of summons ... 245 appearance thereto . - . - . . „ to be signed, address for service ..... 246 who to be served with . - . - . ,, service on persons not named in . . - - . 247 notice thereon (Form 19) - - - . . ,, may be served on any defendant after issue of writ . . 253 to pay money out of Court ..... 311 in suits in forma pauperis ...... 459 , , probate and administration (Form 45) .... 471 to be verified ....... 475 for leases and sales of settled estates, see Settled Estates. - 494 PLAINTIFFS. See Parties. not appearing at trial in small causes - - 31 XVIII, 31 XIX appearing at trial in small causes, and defendant not appearing 31 XX in small cause suit for debt or liquidated demand . . 31A suing in a representative capacity . - - - . 40 to' leave copy of writ of summons - - - - . 43 signed by him ...... ^^ may issue concurrent writs of summons - - - . 46 disclosure of names of partners by _ - - - . 62 when defendant appears to writ specially endorsed, may file affidavit ---.-- - 93 who may be joined as " " . ' " " 104 judgment for those entitled to relief, costs - - . „ suit in name of wrong, or doubtful, substitution - - . 105 may join all or. any parties liable . . - - . 108 in doubt, may join two or more defendants ... iqq 3 L 898 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. PLAINTIFFS— (Continued). may have name struck out .... - 12S no person to be added as plaintiff suing without next friend, or as next friend without his consent - , - - - ^24 to deliver statement of claim - - l>i8 „ reply to defence - - - - n to state specifically relief claimed ----- 160 distinct causes of action - - - - 161 confession of defence by - - - - - - 183 failing to deliver statement of claim - - - 198 default of reply ------- 207 may take out money paid with plea . . - - 211, 212 ,, discontinue suit - - . . - 213 ,, deliver interrogatories ----- 280 failing to give discovery, consequences - - - 296 not appearing at trial ------ 325 having defence to counter-claim not entered on writ of summons in small causes - - - - - 31 XXI judgment entered in absence of, in small causes - - 31 XXIII guilty of delay in proceedings after arrest on mesne process 4220 PLBADIWa order for time for, when granted by Registrars - - - 16 plaintiff to deliver statement of claim - - - -■ 138 defendant to deliver statement of defence, set-off, or counter- claim --.--.. what such statements must contain - - - - plaintiff to deliver statement of reply statement to be brief, no prolixity, costs - - - every pleading to be filed in Registry Court may order pleadings . - . . - 139 delivery of, and how to be marked . - . - 140 ,, to party or solicitor or filed . - . . 141 statement of claim in six weeks . . - . 142 plaintiff may deliver, though defendant does not require it - 148 where claim specially endorsed plaintiff may give notice that his claim appears by the endorsement {Form 11) - - - 144 defendant to deliver defence in 8 days - . . - 145 „ with leave under section 93 what time allowed - 146 facts needlessly denied, or not admitted, costs - - 147 counter-claim sections. See Counter-Claim. - - - 148-152 reply within 8 days -...-. 153 no pleading after reply without leave - . , - 154 pleading after reply when delivered - - - - 155 forms of pleadings, see Forms in Appendix C of Act of 1875 - 166 close of pleadings on joining issue - - . . 157 issues, see Issues. - . . . . 15g where issues not defined Court may direct - - ,, Court may direct issues to be entered on writ of summons in small causes ------ 31 XXII • proper officer to draw papers in small causes where no solicitors 31C, 31G- no pleadings in small causes except as in s. 31Gr - . . 31 XVI pleadings may be ordered to be filed in small causes - - 31Gr Rttles ot Pleading — how to be drawn, facts in paragraphs numbered, dates and figures, signature to ----- - 159 claim and counter-claim must state relief sought, discovery - 160 several claims or defences must be stated separately - - 161 • defendant may set-off or raise counter-claim - - . 162 Com't when may disallow - . . . ^^ set-off and counter-claim must be specifically stated - - 163 denial of representative capacity ----- 164 dei^endant in possession to suit for land need not plead title un- less equitable - - . . - . . 165 INDEX TO ORBINANCES IV, AND V. OF 1878. _ _ Section. PLEADma— (Oontinned). no plea in abatement - . - . - - 166 „ new assignment, amendment instead - - - - 167 not guilty by statute may be pleaded - - - - 168 admissions in pleading where allegations not denied - 169 facts raising new issues to be stated, fraud, limitations, release, satisfaction ....... 170 no new grounds of claim except by amendment or leave - 171 specific denial must be made .... - 172 - 173 174 175 176 177 178 179 J80 joinder of issue form of denial specific, not evasive bare denial of contract only denial of making effect of document may be stated - allegations of malice, fraud, knowledge, &c. „ notice ... when contract implied from letters facts presumed need not be stated e.g. consideration for bill of exchange defence arising after suit how pleaded .... 181 plaintiff may reply as to counter-claim, &c. - - - , , by defendant after his defence ..... 182 by plaintiff after his reply plaintiff may confess the defence .... 183 Amendments amendment of pleadings to avoid scandal, prejudice, embarrass- ment, or delay ...... 184 by either party and by Court ..... 185 • not amending within time limited .... 186 delivery of copy of- - - - - - - 187 time how counted - - - - - ,, how amendments made by Registrar .... 188 how marked ....... 189 powers of Court not affected ..... 190 Registrar to make amendments ordered by Court - ,, applications for leave to amend, by summons ... 248 time to file, do, - - - ,, in probate suits ....... 485 when not required ...... 491, 492. See Amendment of Pleadings. Default of Pleadings. Defence. Counter-Olaim, Demurrer. Discontinuance. Issues. Payment into Court. Reply and Subsequent Pleadings. Statement of Claim. POLICE OEPICERS to aid in execution of warrants of commitment ... 389 POSSESSION. See Delivery. suits by mortgagors in - - - - - - II (5) writ of, in execution (Forms 35 and 36) - - - - 380 recovery of, in tenement siiits _ . . . . 433 POSTPONEMENT. See Adjournment. PRACTICE. See Procedure. PRESCRIBED FORMS interpreted ->- • - - - - - 6 when none provided or in use . . • . . „ 3l 2 900 INDEX TO ORDINANCES IV. AND V. OF 1878. Section^ PEESEEVATIOlir. See Property. of property in suit - ' - - - - - - 301 PRESUMPTIONS matters presumed by law need not be pleaded . - - 180 PRINCIPAL AND AGENT law of, as ia England - - - a - - YI PEISONEES subsistence money of, in custody under Olrdinance - - 422D PRISONS keepers of, to receive and keep persons committed for disobedience 389 PROBATE AND ADMINISTRATION. See Wills. when granted by Registrar - - . - - - 16 rules of granting, &o., to reniain in force except so far as altered by tbe Ordinance .-.-.. 33 ■ applications for by petition (Form 46) .... 470 contents of petition - . . . . . 471 guardian or attorney applying - . - . . 472 wills to be filed - - . - - - .473 translations how certified ..... 474 petitions for, to be on affidavit ..... 475 persons interested may filer caveats (Form 46) ... 476 address for service in - - - - - . „ caveat to be entered, copy to other Settlements - . . 477 Caveat Book to be open to search - . . - . 478 notice of caveat filed after petition .... 479 citations on filing petition, to parties in the Colony (Form 47) - 480 parties absent or numerous, order for service on - - - 481 service as in writs of summons - . . . „ appearance to citation in 8 days - . . . . 482 non-appearance, application ex parte .... 483 suit on appearance, parties ..... 434 statement of defence, contents of, default of - . . 485 limif.ed caveats, to prove in solemn form, to cross-examine witnesses or to justify bail, notice .... 48g consolidation of appearances and defences ... 487 application for order to propound will, personal examination - 488 receipt to be granted by Registrar for will ... 439 citation to accept or refuse probate or administration . - 490 how issued, absence of persons to be cited - . ,, appearance of person so cited . . . . ^^ non-appearance deemed a renunciation - . . ,, delay to be a renunciation . . . . ^^ application to set aside grants of . . - . . 491 motion to show cause, affidavit - - . . ^^ adjudication on order, summary or with pleadings, probate suit . . - - - - .". ,, hearing of probate suit ...... 492 oaths and security in administration .... 493 PROCEDURE present practice and procedure to remain in force, when .« 3 in cases not provided for, Court to make special orders . ,, special rules in Ordinances not affected .... 4 uniformity of, in law and equity ----- 30 In small cause suits for debt or liquidated demand 31 A III, 31 A VII in sections 31 and 31A applicable *hen parties act by solicitor - 31B Court may make orders for simplifying, in small causes - - 31P PROCEEDING- " other than suit how to be taken - - ... 30 PROCESS. See Service. service of, ."..-... . 53, 66 PEOCBSS— (Continued), out of jurisdiction INDEX TO ORDINANCES IV. AND V. OF 1878. 901 Section. 422 B 235 236 1(5) 138 226 281 of Court, defendant avoiding .... PEODUCE, NOTICE TO when and how given ..... refusal, costs, order, for adjournment, and secondary evidence PROHIBITION cause not restrained by . stay of proceedings ..... by motion ..... PROLIXITY pleadings to be without, costs .... aflBdavits ditto ..... interrogatories ditto ..... PROMISSORY NOTE. See Bill of Exchange. 39, 39A, 39B, 84, 84A, 84B, 98A PROPER OFFICER. See Registrar. interpreted ........ 6 in small causes to ask defendant if he admits or disputes the plaintiff's claim . - - - - - .31 VI in small causes to give notice to plaintiff of admissions - . ,, may allow costs on judgment on admissions by defendant in small causes . - - . - - - -31 VII to give notice of counter-claim to plaintiff in small causes where no solicitor - . . . . - -31X to ask defendant on what grounds he disputes the claim in small causes ........ 31X1 to enter substance of grounds of dispute on writ in small causes ,, ,, defendant's counter-claim on writ in small causes - ,, ,, grounds of dispute of counter-claim on writ in small causes - - - - - - - -31 XII to draw papers in small causes where no sblioitor - 31C, 31G PROPERTY orders for protection, management, and custody of, made by Registrar --..-.-- 16 in suits for protection of, one may sue for all - . - 119 order for preservation of, how and when made ... 301 perishable goods may be sold .... 302, 422A IV detention and inspection of . - - - - - 303 applications under section 301 when to be made - . . 304 recovery of specific, lien, security, order for payment into Court 305 sale of immoveable, in suit may be ordered - - 306 income of surplus, in suit may be paid - . . . 307 interim order for protection of, in judgment debtor's summons - 399 in public custody liable to attachment , - - - - 411 of judgment debtor in possession of garnishee ... 412 securing, of absconding or absent defendant (Form 52) - - 422 trial after securing, as above ..... 422A sheriff to make return as to securing property as above - - ,, sequestered, liable to execution to satisfy certain judgments 422A III removal or concealment of, by defendant - - 422, 422B PROTECTION OF PROPERTY. See Property. - - 119, 301 PUBLICATION of notice, how -...--. 13 QUESTIONS OP LAW special case as to, may be stated, how drawn and signed - 216 on argument, inferences, documents, &c. ^ - - 217 may be decided before trial ..... 218 where married woman, infant, or person of unsound jmind a party a-----". 219 902 INDEX TO ORDINANCES IV. AND V. OF 1878. QUESTIONS OF LAW— (Continued). entry of case for argument (Form 17) - provisions of Indian Act 17 of 1852 applicable on arbitration ....... special case in awards --.---" in small cause pleadings may be ordered to be filed and suit transferred to General Cause Book ... EEOBIVEE. See Interlocutory Order. appointed by interlocutory order . . . - - when granted by Registrar . . . . - REOOVERT OF LAND. See Land. appearance in suit for, may be as to part only what may be joined in suit for . . . . - defence to suit for ...... in tenement suits, see Tenements. .... RED INK SUMMONS REFEREE. See Arbitration. questions may be referred to - - - - - remuneration of------- REaiSTERS of cases ...... „ decrees ...-.--- „ lis pendens ....... , , execution against lands - - . . ,, caveats ...... Section. 220 221 329 450 31G 11(8) 16 80 134 165 428 31 A III 84 351 365, 366, 422A V 477 REGISTRAR OF COURT when included as the proper officer .... consent when to be filed in office of - - - - office of, when to be open ...... special judicial duties of, in absence of Judges, in the following cases — - - - - - - -- arrest, protection, &c., of property, mandamus, injunction, receiver, interpleader, arbitration, commissions to take evidence, amending pleadings, giving time, leave to appear and defend, security for costs, substituted service, habeas corpus, probate and administration, committals uAder section 393, suits in forma pauperis, setting aside and dis charging his orders appeals from - to issue instruments of admission to Advocates, Solicitors, and Conveyancers .... ,, issue certificates to Advocates - ditto Conveyancers to keep Cause Book and Small Cause Book ,, seal writs of summons ... ,, file copy of writs . - - - ,, note renewal of writs ,, mark concurrent writs ... ,, endorse writ when it may be served by Solicitor caveats to be filed .... to enter caveats in book ... and send copy to other Settlements caveat book open for inspection - to give notice of caveats filed after petition appearances to citations how made suit commenced oil appearance pleadings to be filed limited caveats may be filed to grant receipts for wills brought in citations to accept probate how issued • appearance to • • » oaths on probate, and security and oath on administration 6 11 16 16 17 18 20 20,24 34 42 43 44 46 48 476 477 478 479 482 484 485 486 489 490 493 INDEX TO ORDINANCES IV. AND V. OF 1878. 903 Section EEGISTRAE of court— (Continued). Settled Estates — consents in petition in settled estates to be in presence of - 494 proceedings in case of persons under disabilities - - 497 to examine married women as to consents ... 498, 499 Pleadings — appearances to be entered in office of - - - 67 defendant to deliver memorandum to - - - 68 to be filed by ----- - ,, to enter particulars of memorandum of appearance in Appearance Book - - - - - - - - ,, to seal and file copy of notices by defendants claiming con- tribution or indemnity ,- - - - - - 129 duplicate originals of pleadings to be filed in office of - - 138 when original pleading may be filed . . - - 141 to decide bow amendments to be made on pleadings - - 188 ,, make amendments ordered by Court . - - - 190 ,, fix day for bearing demurrers - . - - - - 192 and note same in tbe memorandum - - - - ,, money paid in with, plea to be paid to - - - - 210 may require affidavit in paying out - ' - - - 211 to draw papers in small causes where no solicitor - 31C, 310- EVLDBNCE 'commissions to, to take evidence - - - - - 222, 227 not to issue subpoenas to other Settlements without leave - 223 to mark "by special leave " on writs for service outside the Settlement 224 Petitions — duty as to petitions ..----- 243 to mark day for hearing (Form 19) - - - - ,, ,,. enter in Cause Book and mark - - 244 to sealsummons -.----- 260 ,, draw up, and deliver copies of orders on - - - 265 Hearing- Summons — duty in hearing summonses .... - 270 in the following cases : — for time to plead or to take any step. ,, to do any act required. ,> „ leave to amend pleadings. ,, ,, all ex parte applications. ,> „ all applications required by law to be heard before - ,, may refer to Court - - - ■ - >, appeals from - - - - - - >> Tbials— to affix notice of sittings of Court ----- 313 ,, enter suits in Cause List at close of pleadings - - - 315 ,, affix copy of Trial Lists - - _ - - - - 320 ,, receive consent for withdrawing suits from Trial List, &c. - 322 ,, enter remanets at head of next List - - - - 323 inquiries and accounts to be, taken by - . - - 327 references to by Court 328 Ditto at time of trial - 330 Judgments — not to enter judgment after trial without permission of Court ■ 333 to receive and file minutes of judgments by default and enter in book 340 ,, make minute of judgment by Court - - - - - 341 ,, file written judgment of Court - - - - - 342 „ supervise signing of judgments by confession or consent - 345 ,, to keep Decree Book ------ 346 and enter judgment therein - - ■ - - >• ,, keep alphabetical list of - - - ■ - »i 904 INDEX TO ORDINANCES IV. AND V. OF 1878. EEGISTEAE OF COURT— (Continned). duty in settling certain decrees - . . - - may adjourn to the Court . . - - - to issue office copies of decrees under seal how to date judgments -....- Lis Pendens — to receive memorandum of lis pendens - - , imprisonment under Sections 401 and 402 is not - - 403 certificate of, to be lodged with G-aoler - . - - 405 of certain judgments by property sequestered - - 422A III SCANDAL how avoided in pleading ------ 184 in interrogatories ------- 283 SEAL writs of summons to be sealed . - . . - 42 proof of renewal on re-sealing writ - , - - - 45 summons to be under ...... 250 SEALING includes stamping ....--- 6 SEARCH Register of Lis Pendens open to - - - - - 351 executions against lands ----- 365 caveats in Probate ------ 473 SECURITY for costs, when order for, by Registrar - in suits on bills of exchange under section 39 applications for, to be by summons for costs by married woman - . . property claimed on account of- fer judgment by instalment - . . in disobedience to a decree ... for payment of judgment debt in judgment debtor's summons ... for amount claimed after arrest on mesne process ,, costs, order for, against absent plaintiff in administration, see Probate. ... 16 84B 248 111 305 343 388 392 398 422B 465 493 SEQUESTRATION writ of, to enforce order to pay money .... 376 sale on -....-, 377 to enforce obedience (Form 38) - - - - - 390 duty of Sheriff under 391, 422, 422A on mesne process (Form 52) - - - - 422, 422A SERVICE. See Writ of Summons. Substituted Service. interpreted ---.... 6 address for, on writ ...... 36 endorsement of, on writ ------ 48 of writ to be made by Sheriff - - - - - ,, when, may be made by solicitor - - - - - ,, affidavit of, filing in small causes - - - - - 31 V notice of, to be given by Sheriff - . - - 49 acceptance of, by solicitor - - ... 50 when, of process may be made, on what days not - - 53 after appearance, how made - - ... 54 order for substituted ... 55 notice in lieu of ------- S6 on corporations ----..- 57 INDEX TO ORDINANCES IV. AND V. OF 1878. 907 SEEYICE— (Continued). Section, on husband and wife ' - - - - . . 58 ,, infants --......59 ,, lunatics ---.....go ,, partners --.-...61 „ on single partner --.... 62 expenses of-- . . . . . . 63 ,, by solicitor ...... 48 in suit for land ...... 64 in another Settlement ---... 65 out of the Colony, by leave (Form 7) . - - - 66 on motion on aflldavit - - - . . „ order to prescribe mode of - . . . ,, on appearance ....... 69-71 in case of lunatic or infant ..... 82 of claim to contribution or indemnity . . - - 129 „ copy defence on third parties ..... 149 „ petitions ....... 243, 245 „ summons ....... 250 ,, notice of trial on defendant in small causes ... 31 XX hours of---..... 251 may be after issue of ■wyit ...... 253 of notice of motion ...... 260 ,, order for change of parties ..... 277 ,, ,, discovery on solicitor . .... 297 ,. ,, new trial ...... 335 „ copy of interpleader, summons on judgment creditor . 379 in disobedience to a decree - . . . . 384 substituted, of notice of trial after sequestration on mesne process --.-... 422A II difficulty in effecting, of writ of summons . . - 422 of process of court, defendant avoiding .... 422B , , citations in Probate ...... 480 ditto when parties absent or numerous ... 481 citations to be served as writs of summons . . ,, ,, citations to accept or refuse probate .... 490 „ petitions for sale or lease of settled estates - - - 496 service of notice of, or copy of petition, on whom . ,, when Court may dispense with service - - - „ orders to be recorded on settlement, &c. - - - ,, on persons under disabilities .... 497 SET-OFF. See Counter-Claim. ..... 148-152 . credit to be given in writ of summons for any set-off - - 31 II defendant may set up, or set-off ..... 162 to be stated specifically ...... 163 judgment against plaintiff for balance .... 344 SETTING ASIDE judgment in default ...... 209 applications for, to be by summons ... 248 order when granted ex parte ..... 260 judgment at trial in absence of party .... 332 „ „ „ in small causes - 31 XXIII awards within 30 days ...... 454 probate of wills, &c. ...... 491 SETTLED ESTATES, LEASES AJSTD SALES OF Court may authorize leases of - - - - - IX best rent to be reserved - ' - - - - „ smaller rent in first 5 years - - - - , , lease to be by deed, and what covenants - - - ,, power, extends to preliminary contracts for leases - ,, Court may order sales of- - - - - - X proceeds of sale how dealt with - - - . ^^ consideration money on sale of lands for building , 90S INDEX TO OEDINANCBS IV. AND V. OF 1878. SETTLED ESTATES, LEASES AKD SALES OF— (Continued). Court to direct execution of conYeyanoes . . - ,, not to exceed powers settlor might have exercised „ may frame Rules and Orders . i . interpretation of -words ' ' settlement " and " settled estate " how Court to determine what are settled estates application for lease or sale of, by petition, by whom, and consents I contents of petition . . - - - of notice of petition for sale, &o., of settled estate exercise of powers as to infants, lunatics, and bankrupts Court may appoint guardians ... married women to be examined apart from husband separate use and restriction not to prevent Court - no forfeiture thereon . . » . examination of married women in Settlement ,, „ out of Settlement costs under control of Court, how raised . . - SETTLEMENT time for appearance in. See Appearance. concurrent writs at different ..... service of summons in another ..... ditto out of the Colony - - ' . nolj to go out of, after arrest on mesne process - - - Registrars to send copies of caveats to other ... SHERIEE interpreted ....... to serve writs of summons ..... ,, give notice of such service ..... when may require expenses of service of process ... to sell by auction land in execution .... „ convey lands ....... effect of conveyance ..... to report to Court, and dispose of proceeds when may take interpleader summons .... to put persons in possession, to seize and deliver chattels, under writ of delivery of possession - - - . ,, serve office copy of orders in disobedience to writs ,, arrest persons on warrant of commitment for disobedience police officers to aid ..... keepers of prisons to receive .... duty as to writs of sequestration in disobedience orders for arrest of judgment debtors .... detention or discharge ----.- duties as to garnishments ...... to issue notice ..."... effect of notice ...... to seize all joint and several property, and all debts, sub- ject to Crown debts, prior titles, and liens or charges - property in hands of public officer and in oustodiS, legis ..-..-. to give notice of cancellation of notice of garnishment as to securing property in absence of defendant ... to make return as to securing property as above sequestered property in hands of, liable to prior claims - Section. X XI xn 499A 494 495 496 497 499 500 41 . 47 65 66 422B 477 6 48 99 63 371 372 379 380 384 889 391 893 400 407 411 - 419A 422 - 422AI 422Ain to register execution against land sequestered on mesne process ...... 422A V . SHEW CAUSE, ORDER TO four days' notice ....... 268 general powers of Court ...... 269 in disobedience to a decree ..... 333 why probate not set aside - • - - . . - 491 notice to, against judgment being entered in small cause suit for debt, &c. . 31A I ditto to be printed in red. ink on back of summons - . 31 A V INDEX TO ORDINANCES IV. AND V. OF 1878. 909 Section. SITTINGS OF COURT to be weekly for motions for judgment, assessment of damages, trials of undefended causes, probate and bankruptcy - 313 montlily for other trials - - - - - , , when Judge absent - - - - - - ,, at Malacca --------,, notice of, to, be affixed and published - - - - ,, SMALL CAUSE BOOK to be kept by Registrar ...... 34 suits to be entered in, and numbered, with particulars - - ., SMALL CAUSES suits under ^500, procedure in - - - - 31-31 1 to be entered in Small Cause Book . - - . 31 1 judgment in, may be by instalment . . - . 343 where claim in, is for debt or liquidated demand . 31A may he dismissed when not proceeded with in six months - 31E Court may make orders necessary for conducting - . 31F and for simplifying practice in - - ,, may be transferred to General Cause Book ... 31G pleadings may be ordered to be filed in . - - - ,, Court to be opened one day in each week for trials of - - 31H SOLICITOR-GENERAL may act for Crown without taking out certificate ...-.--29 SOLICITORS. See Advocates. Change of Solicitor. attorney and solicitor synonymous .... 7 who deemed duly qualified to act as - - - - 29 to prepare writs and endorse their names and address on - 36 ,, leave copy of writ signed by him .... 43 when may serve writ of summons .... 48 expenses of service of writ of summons by-solicitor - - ,, sherifl' to give notice of service of writ of summons to - - 49 may accept service .......SO to declare if writ issued with their authority ... 61 also to give names and addresses of the parties - . - 52 consequences of refusal - - - - - ,, service on, after appearance .... - 54 how to ente? appearance ...... 68 appearing for defendant ...... 69 appearance by, for two or more defendants - - - 74 not entering appearance pursuant to undertaking - . 75 to receive notice of late appearance .... 76 ditto in suits for land, - - - - - - 79 when plaintiflF's, to pay overcharge in costs taxed . . 92 name of, in pleadings ...... 140 pleadings to be delivered to, - - - - - 141 to sign pleadings . - - - - - - 159 defendant's to give notice of counter-claim to plaintiff in small causes - - - - - - - .31X money paid with plea may be paid out to ... 211 to sign special case ...... 216 affidavit of, as to admissions - - ' . . T ' ^^^ defendant's, to give notice of admissions to plaintiff in small •causes - ' . . " "'^ ^^^^ ,, ,, dispute of claina to plaintiff in small causes - - - 31 XI ,, ,, counter-claim to plaintiff in small causes - - - ,, to sign petitions - . - .... 246 ,, prepare summons to show cause .... 249 ,, be served with copy of summons - - . . 250 service of order for change of parties on - - - - 277 ,j ,, discovery or inspection on - - - 297 neglect of, to give notice to client - - - 298 to attest certificates of discharge ..---.' 404 may sign discharge of garnfshment - - - - 419 notices to, in tenement suits ..... 432 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. SOLICITOES— (Continued). to deliver memorandum of appointment as - - - 466 • ditto of change of (Form 44) - - 467 consequences of refusing ..... 468 after change of, new solicitor not on record not entitled to costs 469 effect of name of, on documents filed . - - - ,, discharge of, to be entered in Appearance Book . . - ,, to have notice of caveats filed ..... 479 rules in sections 31 and 31A applicable when parties act by . 31B may act for parties in procedure under sections 31 and 31 A . ,, SPECIAL CASE. See Questions of Law. may be stated as to questions of law - - . - 216 setting down for argument (Form 17) ... 220 Indian Act 17 of 1862 preserved - - . - 221 in arbitrations ....... 329 may be stated in awards ...... 450 SPECIAL ENDOBSEMENT. See Endorsement. of Small Causes (Form 50) - . - . . 31 II ,, writ of summons (Form 9) ..... 90 what, to contain - - . . . - - 92 appearance to, application to sign judgment - - 93 defendant may shew cause against judgment ... 95 SPECIAL LAW procedure in, not affected ..... 4 SPECIFIC ALLEGATION of relief claimed ....... 160 ,, counter-claim and set-off ..... 163 facts to be alleged ---...- 170 grounds of defence and reply ditto - - - „ of malice, intention, knowledge, &c. .... 177 ,, notice . - - - . . . . 178 need not to be made on facts presumed .... 180 SPECIFIC CHATTELS recovery of, lien on, &c. .--.-- 305 SPECIFIC DENIAL of representative character ..... IQ4, allegations not denied to be taken as admitted . . . 169 of facts alleged by opponent ..... 172 denial must not be evasive ..... 174 as to legality or binding effect of contracts . - 175 SPECIFIC PEEFOKMANCE in execution ..... . 331 SPEECHES OF COUNSEL at trials to be as in England ..... ^34 STATEMENT OF CLAIM. See Pleading. statement of claim and statement of complaint synonymous to be endorsed on summons .... amendment of - - - - . in claims by defendant ..... to be amended by orders to confine suit . in what cases it must be delivered costs of unnecessary statement - time for delivery of- .... . plaintiff may deliver, although defendant does not require it in cases where writ specially endorsed ... forms of (Form 3) . may be altered by parties, and by the Court in teneuLLent suits ...... to set aside probate ..... none in small causes except as in s. SIG- - - - .31 XVI 7 37 130 136 138 it 142 143 144 156 184, 185 432 INDEX TO ORDINANCES IV. AND V. OF 1878. 911 STATEMENT OF DEFENCE. See Defence. STATUTE rights given by, to have effect ..... interpreted ........ plea of not guilty by, preserved - . . . - STATUTE OF FRAUDS must be specially pleaded ..... STATUTE OF LIMITATIONS mnst be 'specially pleaded ..... STAT OF EXECUTION application for relief by, Court may order STAT OF PROCEEDINGS no injunction or prohibition ..... Court may grant, by motion in a summary way when solicitor declares writ not issued by his authority - when -plaintiff or solicitor fails to give name and address of members of firm ....... in suits on bills of exchange under section 39 - on special case stated ...... ,, summons before Registrar ..... Court may direct, on interlocutory application . . - on order to show cause for new trial .... in garnishment, against garnishee .... SUBMISSION. See Arbitration. by order of Court - ' - by agreement of parties ...... filing same ...... Order of reference thereon ..... SUBPCENA FOR WITNESS in another Settlement by leave ..... conduct money to be tendered ..... in execution ....... Section. 145 1(6) . 6 168 SUBSISTENCE MONET of prisoners in custody under Ordinance - SUBSTITUTED SERVICE order for, when by Registrar . . . . by Court when prompt personal service cannot be made substitution of notice for service . . . . application for, to be by summons . . . in assessment of damages if defendant absent of order on disobedience . . - - . of notice of trial after sequestration on mesne process - 175 170 356 1(5) if 51 52 84B 218 270 271 339 420 440 456 223 224 395 422D 16 65 248 818 384 422A II 459 1(7) 2 7 30 31 SUIT. See Forma Pauperis. .---.. multiplicity of, avoided ...--. pending, how to be disposed of - cause, action, and suit synonymous .... action to be called ...---- how instituted under ;^500 in value. See Small Causes. to be distinguished by a date and number in Cause Book and Small Cause Book - - - - - - 34 to be commenced by writ of siammons - - - - 35 claim or relief in, to be endorsed on writ - - - - 37 on bills of exchange - - 39, 39A, 39B, 84, 84A, 84B, 98A in representative capacity ...... 40 disclosure of authority by solicitors - - - - 51 partners and their solicitor to disclose names of partners - 52 consequences of refusal - - - - - ,, after compliance - - - - - - ,, against persons residing out of jurisdiction - - - 66 equity suits, default of appearance in - - - - 89 in writs specially endorsed . « • . » 90 912 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. SUIT— (Continued). parties to. See Parties. ...--- 104 commenced in name of wrong person or doubtful - 105 joinder of causes of. See Joinder of Causes of Action. - - 133 application to confine -....- 136 procedure thereon ....-- 137 matters arising pending ...... 181 ,, „ after delivery of statement of claim - 182 dismissal of, for want of prosecution .... 198 fresh suit may be commenced . . - - ,, may be dismissed when plaintiff does not appear at trial in small causes - . , . , . . .- . 31 XVIII when it may be discontinued by plaintiff ... 213 discontinuance of, by Court ..... 214 not to abate by marriage, death, or bankruptcy, if right survive 273 dismissal of, in default of discovery or inspection - - 296 trial of. See Trial. ...... 316 may be consolidated with others ..... 321 not proceeded with, may be struck out of Cause Book - - 324 for recovery of land. See Land. ..... 64, 427 for a penalty in procedure for arrest on mesne process - - 422B probate suits. See Probate. ..... 484-491 small cause for debt or liquidated demand ... 31A ,, „ when may be dismissed if not proceeded with - 31B orders necessary for conducting small cause may be made - 31F „ for simplifying practice in small cause, may be made - ,, small cause may be transferred to General Cause Book - - 31G pleadings may be ordered in small cause - - - - ,, SUMMONS. See Writ of Summons. SUMMONS IN CHAMBERS. See Hearing. proceedings at Chambers may be by - - - - 240 what applications to be by- - - - - - 248 time for pleading, gimending pleadings, leave to appear and defend, security for costs, substituted service, set aside judgment by default, enter judgment under section 90, any act of procedure, and all other applications made in Chambers in.England - . . - - ,, how prepared, contents, alternative .... 249 sealed, when returnable, service (Form 20) ... 250 hours of service . . . . . - . 261 copy of affidavits to be given ..... 252 may be served on any defendant after issue of writ - . 263 two days' notice ....... 254 interpleader (Form 34) . . - . . . 379 applications for judgment- debtors' examination, to be by - 406 upon garnishee refusing to satisfy decree-holder ... 412 SUMMONS BEFORE EEGISTEAR in what cases allowed ...... 270 Kegistrar may refer to Court - - - - ,, appeal from Begistrar - - - . . , , no stay of proceedings when . - - . ,, costs in discretion of Court . . . . ,, SUMMONS, JUDGMBNT-DEBTOK'S. See Judgment-Debtor. - 393 SUNDAY writs to arrest may be served on - - - . - 53 SUPREME COURT offices of. See Offices. ...... 15 SURETIES execution against ..;-.... 358 order for, CO justify in Probate .-■-.. 486 SURPLUS PROPBRTt income of, iij, suit mgj be pg-id -^ . . . . 307 INDEX TO ORDINANCES IV. AND V. OF 1878. 913 SURPRISE rule as to in pleading ...... new trial granted on ground of - SYNONYMOUS TERMS used in Ordinance --....- "cause, action, and suit," "order and rule," "judgment and decree," " attorney and solicitor," " trial and hearing," "statement of claim and statement of complaint " - Section. 170 337 TAXATION. See Costs. Prolixity. of costs endorsed on writ of summons plaintiff's solicitor to pay, if l/6th reduction on accepting money paid iii with plea ,, discontinuance ..... of costs upon judgment on admissions of defendant in small causes ..... ,, of service of writ of summons by solicitor TENANT. See Tenements. .... holding over, double rent . - . - sub-tenant to give notice to landlord of claim, &c. TENANT-IN-TAIL after possibility of issue extinct deemed a tenant for life TENEMENTS - on term expired, right of entry, refusal to quit - summons (Form 42) ... what money claims may be added endorsement of summons, particulars leave to defend on showing bona fide grounds when allowed, proceeding as in ordinary suit appearance, notice, statement of claim default of appearance, judgment for possession - when service out of Colony answer to money claims, default, &c., assessment, &c. tenant holding over, double rent ... sub-tenant to give notice to landlord jurisdiction to Courts of Bequests subject to this chapter general rules applicable - saving clause as to rights and remedies of landlords TESTATOR estates in remainder or reversion descending to heir or next of kin of ------ ■ TESTE of writs of summons ",""'" THIRD PARTIES. See Garnishment. relief in counter-claim against .... questions with, raised by defendants (Form 10) - notice to be filed and served contents and service of notice . . .' - admission of validity of judgments where, appear ..---- leave to appear afterwards . . - - liberty to defend, procedure, amendments on appearance ■Court may give orders as to questions between - counter-claims against plaintiff jointly with service on - appearance - - - - reply .... application to exclude default of pleading- as to - enforcing obedience to orders in favour of 3m 92 212 213 31 VII 48 427 435 436 499A 427 429 430 431 432 433 ■ ■ 434 435 436 437 438 439 next of - 499A - 35 , 1(3) - 129 - If . 130 fail to - l> - fl of 131 . 132 . 148 . 149 . 150 . 151 . 152 . 208 - 355 914 INDEX TO ORDINANCES IV. AND V. OF 1878. Section. TIME Oonrt may enlarge and abridge the time for doing any act - 8 by consent -..-----11 for appearance to be stated in writ ... - 41 in Settlement 8 days ..... 67 at another Settlement 16 days - - - - , , if ont of the Colony ..... ,, to file pleadings application for, to be by summons - 248 for return of order iu disobedience - - - 386 extension of, to make award. See Arbitration. ... 445—447 for return of writ of summons in small causes may be shortened 31I> when small cause naay be dismissed if not proceeded with - 31E TITLE of Ordinance ....... 1 need not be pleaded by defendant in possession of land, unless equitable --.-.... 165- TRANSFER of small cause to Greneral Cause Book .... 31 G- TRANSLATIOITS of wills and other documents by sworn interpreter of the Court - 474 if no sworn interpreters to be verified - - - ,, TRIAL LIST after pleadings closed plaintiff may set suit in - - 315 defendant may ditto after six weeks .... 319 copy of, to be published ...... 320 altering position of suit on ..... 322 'TRIALS. See New Trials. Notice. hearing and trial synonymous ..... 7 in joinder if inconvenient, Court may order separate trials - 133 ameiidment at..--.-- 190 when held. See Sittings. ------ 313 before one or more Judges without jury - . - - 314 plaintiff may enter cause in trial list .... 315 ten days' notice of- - - - - - - 316 „ ,, in small causes - - - - 31 XV four days' short notice of ' - - - - - - 317 notice of assessment of damages, when defendant absent - 318 „ by defendant ...... 3ig ,, „ in small causes - - - - 31 XV causes may, by consent, be set down in weekly Cause List - 319 copy of Trial Lists to be affixed - - ' - - - 320 in small cause suit for debt or liquidated demand 31 A VI, 31 A VII when small cause may be dismissed if not proceeded with to trial 31E of small causes weekly .--... 313 consolidation of suits ...... 321 altering position of cause on the list . . - 322 order of hearing, consent - - - - ,, remanets, no fresh notices --.... 323 cause in Cause Book for more than 12 months to be struck out - 324 absence of plain tiff at ...... 325 „ in small causes . - 31 XVIII, 31 XIX ,, defendant at - - - - - - 326 ',, „ in small causes - - - - 31 XX to be conducted as in England ..... 334 after sequestration on mesne process .... 422A TRUST Statutes of Limitation not to apply to express - - - II (2) suit on, when may be specially endorsed - - . . 90 TRUSTEES IN BANKRUPTCY joinder of causes of action .-...- 135 proceedings by and against as to settled estates ... 497 INDEX TO OEDINANCES IV. AND V. OF 1878. giS Section. TEUSTEES AlfD EXECUTOES. See Executors. Settled Estates. endorsement of capacity as, on writ by - - - - 40 suit, against for account, writ to be specially endorsed - - 102 Court may order an account on application - - „ application by motion on affidavit .... 103 may sue and be sued without joiuing the beneficiaries - - 110 ,, have decree against one person interested ... 120 denial of capacity as, to be pleaded .... 164 addition of, on change of parties ..... 274 right to costs out of particular fund ... 463 TEUSTEES, EELIEF OP may apply to pay money into Court .... VII orders as to money so paid in - - - - - YIII applying to pay money into Court .... 309 affidavit for order, contents of - - - - ,, application ex parte ...... 3io notice after order - - - - - ,, effect of order ------,, suit when to be instituted - - - - ,, paying money out of Court ..... 3ll costs -- - - - - - - 312 UMPIEE. Sec Arbitration. 443, 447 insrOLAIMED DIVIDENDS provisions as to- - - - - - • lY UKIEOEMITT OP PEOCEDUEE in suits ........30 DNLIQUIDATEI) DEMAND interlocutory judgment for ..... 86 , , , , admitted by defendant in small causes 31 VIII, 31 IX in suits for land ...-.--88 YICE-ADMIEALTT procedure in, not affected ------ 5- VIEW of property for purposes of trial ----- 303' WAEEANT TO ACT to solicitor, effect of filing -.---■ 469^ WASTE estate for life when not to confer right of - - - - II (3) prevention, of, by injunction - ■■ - - II (°) one person may sue for ----- - H^ WIPE. See Married Woman. service of writ of summons on .... 68 Joinder of action as to - - - - - - 135 WILLS. See Probate. originals to be filed with petitions for probate, &c. - - 473 translation to be verified ------ 474 proof of, in solemn form ------ 486 applications for orders to propound . . - - 488 receipt for, by Registrar . , - . - - 489 WITHDEAWAL. See Discontinuance. . « . - 213 3 M 2 91lj INDEX TO. OBDlNAJfCES IV. AND V. OF 1878. Section. WITNESS. See Evidence. Deponent. to be examined viva voce ...-.- 222 in what cases affidavits of, admissible - - - >, attendance of, for cross-examination - - - ,, Court may compel attendance of, in any part of tbe Colony - 223 writ of subpoena out of the Settlement - - - „ sufficient conduct money must be tendered - - ,, in interlocutory applications ..... 225 commissions to examine witnesses .... 227 directions thereon - . . - - 228 admissibility of evidence when so taken .... 229 notice to produce deponent ..... 233 deponent compelled to appear for cross-examination . - 234 if absent commission may issue . . - - „ examination of, at trial to be as in England ... 334 in judgment debtor's summons ..... 395 before arbitrators ....... 444 "WEIT OF EXECUTION. See Execution. in default of appearance in execution against lands - - 369 of possession, to enforce judgment for recovery of land (Form 35) 880 of delivery, to enforce judgment for recovery of chattels (Form 36) ........ of sequestration, for disobedience to a decree (Form 38) - . 390 against lands sequestered on mesne process ... 422A V WRIT OF SUMMONS. See Endorsement. ' every suit to commence by - - . - - 31 I, 35 how dated and tested - - - . - ,, Form of, in small causes (Form 50) - - - .31 II to be specially indorsed in small causes with particulars and grounds of claim -■----„ where particulars of claim not sufficiently set out in, in small causes ....... 31 XVII where a defence is not entered on, in small causes - 31 XXI Court may order issues to be entered on, in small causes 31 XXII notice on, to show cause against judgment being entered in small cause suit for debt, Ac. ..... 3IA I aotice on, to be printed in red ink on back of - . - 31A V indorsement may be on separate paper attached where not room on -------. 31 1 Form of (Forms 2, 4, 7, 42, & 50). to be prepared by plaintiff or solicitor and what to specify . 36 endorsement of address where plaintiff sues by solicitor ,, name, &c., of defendant - - . . . / „ endorsements of claim on, to be made before it is issued . 31 II, 37 may be amended by leave - - - - . ,, form of (Form 3) ----.. 38 under Bills of Exchange. See Bills of Exchange (Form 4). . 39 where suits in representative capacity (Form 5) - . 40 to require appearance in given time .... 41 to be sealed and issued - _ - - - . . 42 copy of, with endorsements on it, to be left with officer - - 43 who shall file and enter in Cause Book - . - ,, in force for 12 months ...... 44 renewal of, on re-sealing proof of renewal concurrent writs how marked for what time in force at different Settlements served by Sheriff - when may be served by solicitor endorsement that it may be served by solicitor ,, of service after service 45 46 3t 47 48 INDEX TO ORDINANCES IV. AND V. OF 1878. ^17 Seotion. WEIT OF SQMMONS— (Continued). Sheriff to give notice of each service .... 49 service of, where solicitor agrees to accept - - - 60 disclosures as to, by solicitor and plaintiff - - - 51 partners suing out, to disclose names . - . . 62 service of, on what days ...... 63 substituted service .-...--55 notice in lieu of --■-.-- 66 on corporations • ...... 67 ,, husband and wife -..'... 68 ,, infant ........69 ,, lunatic ........60 „ partners --.....-61 where single partner ..... 2 expenses of service of, by Sheriff ..... 63 „ ,, ,, Solicitor - - • - 48 in suit to recover land ...... 64 service out of Settlement (Form 7) .... 65 out of Colony ...... 66 in what cases allowed ..... „ application for leave ..... „ requisites of affidavit in support appearance to. See Appearance. - Writs specially endobsed — where suit for debt or liquidated demand, &o., may be specially endorsed ..... form of special endorsement (Form 9) - ,, ,, ,, in small causes (Form 50) what the endorsement to state .... ,, ,, ,, in small causes to require appearance in given time in small causes filing affidavit of service of in small causes on appearance plaintiff may require defendant to show cause Court may order judgment to be entered defendant may file affidavits - . . - and be examined in Court, &o. ... judgment for part admitted in small causes 31 VI, 67 90 31 ii 92 31II 31 ni 31V 93 SI 96 96 - 31 VII, 31 IX when defendant does not appear final judgment to be entered - 99 33 !) J, ,» 1^ small causes . - . - - - -31V in suits for account - - - ... . - 102 may be altered and amended ..... 184 ,, ,, in small causes before appearance - 31 XIII appearance to amended, in small causes applications for amendments of indorsements on, in small causes - ...... 31 XIV in small causes when returnable at shorter date ... 31C for recovery of tenements (Form 42) - - - - 427 defendant may enter counter-claim on, in small causes - - 31 X grounds of dispute of claim to be entered on, in small causes - 31 XI ,, ,, counter-claim ,, ,, - 31 XII where counter-claim endorsed on, plaintiff absent at trial in small causes . - - - ■ - - 31 XIX 918 FORMS IN ORDINANCE V. OF 1878. List of roRMS. In Schedule to Obdinancb V. of 1878. No. ABSCONDING DEFENDANT warrant to arrest ..-...-40 „ ,, on mesne process .... 53 ADMINISTEATION AND PROBATE petition for - - . . - - - - 45 caveats in- - - - - - - - 46 citations in administration ... - . 47 APPEARANCE memorandum of------- 8 AFFIDAVITS as to documents .--..--24 ARBITRATION order of reference .......43 ARREST OF PERSON attachment for contempt -..-.. 37 of absconding defendant ...... 40 „ defendant on mesne process ..... 53 ARREST OF PROPERTY by sequestration -when person not to be found . . - 38 before judgment -.-...-52 by garnisbment .......48 ASSESSMENT OF DAMAGES judgment on .......30 ATTACHMENT. See Arrest. CASE, SPECIAL setting down, for argument - - - . . 17 CAYEAT in administration .......46 CHAMBERS summons in ....... 20 CITATION in administration ... , ... 47 CONFESSION of defence .-..-...13 CONTEMPT attaobment for ------. 37 CHANGE OF SOLICITORS entry of- -------44 DAMAGES judgment on assessment of - - - . . 30 DEBTOR SUMMONS summons .-------39 DEFENCE confession of -------13 DEFENDANT arrest of, on mesne process,,.. . ..... 53 DEFAULT judgments on - - . . - - . 28 to 30 DELIVERY, WRIT OF on judgment for chattels ------ 36 FORMS IN OBDINANCE V. OP 1878.: 919 No, DEMUEEBE memorandum of- > - •■- - • 14 DOCUMENTS notice to admit --....-18 affidavit as to, in possession ..... 24 notice to produce .......25 „ to inspect .-...-.26 EJECTMENT by landlord, summons for ...... 42 ENDOESEMENT OF CLAIMS general ........ 3 special --.....- 9 ,, ,, in small causes .... 50 notice under section 144 ------ 11 ENDORSEMENT OE OHAEACTBE OE PAETIES executors - r .- - - - - .5 husband and wife executrix - - - - . „ trustee in bankruptcy - - - - - - ,, trustee ........ ,, public officer ....... ,, heir and devisee ...---- ,, qui tam suits -....-- „ EXECUTION, WEITS OF against land - - - ' - - - - 33 endorsement on - - - - - - ,, for possession of land ...... 35 ,, delivery of chattels .---.- 36 ,, attachment for contempt ..... 37 „ sequestration .......38 ,, arrest of absconding defendant .... 40 to attach property before judgment ... - 52 for garnishment, notice of. - - - - - 48 FEES to be charged in small causes when proper officer draws papers - 54 GARNISHMENT notice of --------48 consent to dissolve ---...-49 GENEEAL HEADING form of .1....... 1 INDOESEMENT. See Endorsement. Writ of Summons. INSPECTION notice to produce for ------ 25 of documents ready for ------ 26 INTEEPLEADEE summons in .......34 INTEEEOGATOEIBS delivery of. . - - - - - - 22 answer to -------- 23 LANDLOED summons by, in ejectment . . - - . 42 JUDGMENT-DEBTOR summons against -------39 JUDGMENT on summons, for, after appearance - - - . 27 . final in default, general .---.- 28 in default for lands -..-.. 29 interlocutory, and assessment of damages - . • 30 on motion for -....- -31 at trial .;..«•■. 32 920 FORMS IN ORDINANCE V. OF 1878. MESNE PROCESS sequestration of property on arrest on - MOTION PAPEE general form ... NOTICES in lieu of service ... by defendant to third party that particulars appear in the endorsement, s. 144 to appear to counter-claim, s. 149 of payment into Court of acceptance of such payment to admit documents „ produce documents ,, inspect documents of garnishment to be endorsed on copies of petition ,, show cause against judgment being entered in small cause suit I'or debt, &c. ... PAYMENT INTO EBGISTRT in pleading, notice of . - acceptance of, by plaintiff PETITION general form of - notice to be endorsed on . for probate and administration POSSESSION, WRIT OP on judgment for lands PROBATE AND ADMINISTRATION petition for ... caveat in • citation in administration - REFERENCE order of, in arbitration SEQUESTRATION where person cannot be found of property before judgment SMALL CAUSES special endorsement of claim in SOLICITORS, CHANGE OP entry of new solicitor SPECIAL CASE setting down, for argument SPECIAL ENDORSEMENT of claim .... „ in small causes SUMMONS. See Writs of Summons, in chambers, general ,, interpleader ... judgment debtor ... TRIAL judgment at - . - WRITS OP SUMMONS ordinary .... on bills of exchange - for service olJt of jurisdiction by labulord ... Ehdohsements on, general], monpy and ^amag^p No. 52 53 21 10 11 12 16 16 18 25 26 48 19 50 15 16 19 it 45 35 45 46 47 43 38 52 50 44 17 9 50 20 34 39 32 2 4 7 42 FORMS IN ORDINANCE V. OF 1878. 921 WEITS OF SUMMONS— (Continued). No. Otheb Claims, . creditor to administer estate ..... 3 legatee do. ..... „ by partner ........ ,, „ mortgagee ....... ,, „ mortgagor ....... „ for raising portions . - - . . . ,, ,, execution of trusts - - - . • - ,, ,, cancellation or rectification of deeds - - - . ,, „ specific performance . - . - . - ,, Other Claims when no special Endorsement for money --.--... „ „ damages and other claims ..... „ Op Character op Parties executors ........ 5 husband and wife executrix ..... „ trustee in bankruptcy - - - . . . ,, trustee ........ ,, public officer ....... ,, heir and devisee ....... ,, qui tam suits ....... „ Special Endorsement generally ........ 9 in small causes ..--...60 Notices by way of Summons notice in lieu of service ...... 6 notice to show cause against judgment being entered in small cause suit for debt or liquidated demand . . - 60 by defendant to third party ... - . 10 to appear to counter-claim, 6. 149 - - ... 12 Summons in Chambers in interlocutory matters ..--.. 20 interpleader summons -.--.. 34 judgment debtor summons ..... 39 Citation, in probate cases ...--..47 WEIT. See Arrest. Delivery. Execution. Possession. Seques- tration. Summons. List of Forms. Beperred to in Section 156 as in Appendix C. or the Judicature Act, 1875. No. of Form. SUIT ON AN ACCOUNT STATED - ... 1 FOR ADMINISTRATION OF ESTATE OF AN INTESTATE 2, 3 DITTO. BREACHES OF TRUST— RE- CEIVER 4 AGAINST DEL CREDERE AGENTS - ... 5 ON BILL OF EXCHANGE— INDORSEE AGAINST AC- CEPTOR 6 „ BILL OF EXCHANGE AND CONSIDERATION - 7 FOR DAMAGES TO GOODS CARRIED BY SEA . 8 ON CHARTER PARTY 10 FOR FALSE IMPRISONMENT - - - - 13 „ FORECLOSURE 14 ON FRAUD 15 922 ORDERS AND RULES IN 38 & 39 VICT. C. 77. No. SUIT ON A G-UAEANTEB 16 BT LANDLORD AGAINST TENANT ... 18 FOR NEGLiaBNCB -" -" .... 20 ON PROMISSORY NOTE . .... 22 EOR REOOVBRT OF LAND, LANDLORD AND TENANT 24 „ RECOVERY OP LAND .... 25 „ TRESPASS TO LAND 27 SYNOPTICAL TABLE OF ORDERS AND RULES. Shewing in what Sections of the Ordinance the diflferent Orders and Rules, in the Schedule to the English Supreme Court of Judicature Act, 1876, are to he found. Nothing herein contained has the force of law. Order I. II. III. IV. V. VI. VII. VIII. IX. Rule. 1 1 8 2 3 4 6 7 8 il 2 5 6 7 1 2 1 2 1 2 1 2 3 4 6 6 6A 7 8 ,13 Section of the Ordinance. 30 35 35 37 38 40 90 92 - 102 36 36 36 42 43 43 47 51 52 44 45 50 55 58 59 60 61 62 67 64 Order XI. XII. XIII. XIV. XV. Section of the Ordinance. Rule. — 1 66 3 66 4 66 6A,* 11 68 7 69 8 - 70 9 - 71 11 68 12 - 72 12A 73 13 74 14 - 75 16 76 18 77 19 78 20 79 21 80 22 - 81 1 82 2 - 83 3 99 4 - 101 5 86 6 86 7 87 8 88 9 89 lA 93 2 94 3 95 4 96 5 - 97 6 98 1 - 102 2 - 103 Query, 6. OBDEES AND RULES IN 38 & 39 VICT. C. 77. Order Section of the Section of the Ordinance. Ordinance. Etde. Eule. ___ iVI. 1 2 104 105 Order XXI. 1 ri42 1143 3 106 4 144 4 107 6 108 XXII. 1 145 6 109 3 146 7 110 4 147 8 111 5 148 9 113 6 149 9A 114 7 150 10 115 8 151 lOA 116 9 162 11 117 10 344 13 123 14 IS 126 127 XXIII. 1 r213 1214 16 128 2A 215 18-20 129 2 322 17-19 132 20 180 xxrv. 1 153 21 131 2 3 164 165 XVII. 1 133 2 134 XXV. 157 3 135 4 135 XXVi. 158 6 136 6 136 XXVII. 1 184 8 136 9 137 2,3 6 185 r 9 5LVIII. 112 ' 190 7 186 XIX. 2 138 8 188 3 162 9 189 4 6 rl56 ll59 141 „ XXVIII. 10 187 191 7 8 9 10 140 160 161 163 XXIX. 1 2 3 198 199 200 11 13 164 166 4 6 201 202 14 16 16 17 18 19 20 167 165 168 169 170 171 172 6 7 10 11 12 13 14 203 204 205 206 207 208 209 21 22 23 24 25 173 174 175 176 177 XXX. 1 2 3 4 210 210 211 212 26 27 28 178 179 180 „ XXXI. 1 2 4 6 280 281 282 283 XX. 1 181 6 284 2 182 8 285 3 183 9 286 924 ORDERS AND RTTLES IN S8 & 39 VICT. C. 77. Section of the Section of the Ordinance. Ordinance. Eule. Eule. Order XXXI. 10 287 Order XLII. 8 359 11 288 18 353 «: 12 289 19 . 354 13 290 20 424 14 291 21 • 355 16 292 22 356 17 293 2a 425 18 294 19 20 295 296 XLV. 1 393 21 297 3 408 22 298 4 415 23 299 5 6 416 417 XXXII. 1 2 237 238 8 418 4 239 XLVII. - 390 „ XXXIII 327 „ XLVIII. . 380 „ XXXTV. 1 216 2 218 XLIX. _ 380 3 216 4 219 5 220 L. 1 2 273 274 XXXVI. 2 314 3 275 3 315 4 276 4 319 5 277 9 316 6 278 18 326 7 279 19 325 20 332 LL 4 321 21 10 22A 333 LIL 1 301 „ XXXVII. 1 222 2 302 2 225 3 303 3 226 5 304 4 227 6 305 „ XXXVIII. 1 230 r 10 1262 2 3 231 232 LIII. 6 4 233 5 234 LV. - 463 „ XXXIX. lA 2 3 335 336 337 LVI. 1 13 4 338 LVEI. 6 8 5 339 XL. 11 272 LIX. - 12 XLL 2 349 LXI. 4 15 BAFFLES SOCIETIES. [VII. OF 1878.] 926 Ordinance No. VII. op 1878. An Ordinance to confirm arrangements relating to the Agri-horticultural Society and the Eaffles Museum and Liljrary, and to provide for the more efiftcient manage- ment of the said Institutions. [16th December, 1878.] WILLIAM C. F. ROBINSON, Governor and Commander-in-Chief. Wheeeas a Society was formed in Singapore in or about the year 1866, for the encouragement and improvement of agriculture and horticulture, and the said Society became possessed of a certain piece of land in the district of Tanglin, in Singapore Island, containing 24 acres, 1 rood, and 19 perches under a deed of sale dated the 9th day of March, 1866 ; And Whereas the then Govern- ment, in order to aid the said Society, on the 27th day of October, 1866, made to the Vice-President and Treasurer of the Society under the name of the Agri-horticultural Society a grant of 55 acres, 3 roods, and 28 poles of Crown land in the same district, on the express condition that the said land should be used for public purposes, under the title and designation of "■ The Agri- horticultural Society's Gardens," with a proviso that if the land should not be used for the public purpose of an Agri-horticultural Garden or Gardens it should i-evert to the Crown ; And Whereas the said Society for the purpose of procuring funds to build a dwelling-house for the Curator of the said Gardens, mortgaged the said lands for the sum of four thousand dollars ; And Whereas the Government of the Colony contributed the sum of one thousand and two hundred dollars annually, for the purpose of carrying on the said Gardens, the rest of the funds having been raised by private subscription ; And Whereas the said Society became unable, owing to the want of funds, to carry on the work at the said Gardens in such a way as to be useful to the public, and in the year 1874, applied to the Government of the Colony for assistance, offering to make over the whole of the property of the Society to Government, for the use of the public, on condition of Government paying off the debts incurred by the Society, that is to say, the sum of four thousand dollars due on the mortgage above set out, and a further sum of five hundred and eighty-six dollars and twenty cents due to the Honorary Secretary for advances made by him for cuiTent expenses, and on the further conditions that the Subscribers to the Gardens should continue to enjoy the privilege theretofore enjoyed by them of procuring plants and flowers from the Gardens when available, and that Government should carry on the works at the Gardens from the public funds, with such aid thereto as might be raised by voluntary subscriptions ; And Whereas thereafter the debts of the said Society were paid pff by the Government, and the Title Deeds of the property of 926 [VII. OF 1878.] baffles societies. the Society were made over to Government, and pending the passing of an Ordinance to legalize the transfer, the said Gardens have been managed by a Committee called " The Raffles Library, Gardens, and Museum Committee " ; And Whereas certain individuals in or about the year 1844 established a circulating Library under the name of the Singapore Library, for the use of themselves and of such persons as they admitted as subscribers, and in the year 1874, the proprietors of the said Library, being indebted for books furnished, and being unable any longer to support the Library in an efficient manner, offered to make over to Government the books and property of the Library, on condition of Government upholding a Public Library from the public funds, with such assistance as might be received from subscribers for the use of the books lent out, and on the further condition that the proprietors, on surrendering their pro- perty, should be entitled to the rights of subscribers during the period of their natural lives ; and the said Library was thereafter taken over on the part of Government, and the debt was paid off by Government amounting to five hundred and sixty dollars and seventy-one cents ; And Whereas a Museum has lately been established in the same building as the Library, at the cost of Government, aided by con- tributions from private individuals ; And Whereas the expenditure foi* the said Gardens now amounts to upwards of ten thousand dollars yearly, of which all, except about five hundred dollars yearly is paid by Government out of the public funds ; And Whereas the expenditure of the said Library and Museum now amounts to upwards of seven thousand dollars yearly, all of which, except about seven hundred dollars yearly for subscriptions, is paid by Government out of the public funds ; And Whereas it is expedient for the public service, that the said Agri-horticultural Gardens, and the said Library and Museum, should be supported at the public expense, aided by such voluntary contributions and subscriptions as may be received from the public ; and that suitable arrangements should be made by law for con- firming the transfer of the said Gardens, and Library, and Museum to the Government for the service of the Colony, and for providing a proper system of administering the funds to be expended by Government in future, and of managing the affairs of the said Gardens, and Library, and Museum ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Arrangement 1. The arrangements entered into between the Government of atove recited the Colony and the members of the Agri-horticultural Society, by ticukS So- which the Gardens and property of the Society were transferred ciety confirmed, to the Government of the Colony, are hereby confirmed, and the two parcels cf land above referred to, consisting of 24 acres, 1 rood and 19 perches, and 55 acres, 3 roods and 28 poles are hereby vested RAFFLES SOCIETIES. [VII. OF 187S.] 927 in Her Majesty the Queen, Her Heirs and Successors, subject to the provisions of this Ordinance, for the use and occupation and management of the same. 2. The arrangement entered into between the Government of Arrangement the Colony and the proprietors of the late Singapore Library,, by f'?J^ ^^^l^^ which the Library was handed over to the Government of the and Museum"^^ Colony, is hereby confirmed, and the books and property of the confirmed, said Library, and the articles in the said Museum, are hereby declared to be the property of Her Majesty the Queen, Her Heirs and Successors, subject to the provisions of this Ordinance for the use and management of the same. 3. And Whereas it is expedient, where such a large proportion Preamble, of the fands required for the support of the said Gardens and Library and Museum, is provided by Government, out of the public revenues of the Colony, that care should be taken for the due and proper control of the expenditure of the said funds, by persons responsible to the executive Government of the Colony; it is Gardens further enacted that the said Gardens, which shall be called the Library and Botanical Gardens of Singapore, and the said Library and Museum, Museum to be which shall be called, respectively, the Eafiles Library and the Commfttees. Raffles Museum, shall be managed as Government establishments, by a committee or committees, to be from time to time appointed by the Governor for the purpose, and subject to the regulations in force in the Colony, as to the appointment of officers, payment of their salaries, and otherwise. 4. Such sum as may, from time to time, be voted by the Appropriations Legislative CouncO, for the service of the said Gardens and "eripIfonTan^d" Library and Museum, together with all sums to be received from donations how voluntary donations and subscriptions, shall be administered by the ,^° ^^ adminis- said committee according to the- terms of the several votes, donations ^^^ ' and subscriptionsj for the different purposes, and subject to such rules and regulations as the Governor may from time to time prescribe, for the conduct of the business of the committee, and for the duties of the officers employed. 5. The accounts of the said committee shall be subject to audit Accounts sub- by the Auditor-General of the Colony, according to the rules in ^^"^ *° '^"^*" force in the Audit Department for the audit of accounts of the receipt and expenditure of public monies. 6. The following persons, proprietors of the late Library, that is privileges to to say, subscribers to Alexander Duff Esquire, Alexander Somerville Gumming, Esquire, Jose d'Almeida, Esquire, Christian Baumgarten, Esquire, Thomas Shelford, Esquire, Alexander Muirhead Aitken, Esquire, Miss Jessie Little, and Robert Campbell, Esquire, shall be entitled to be classed as subscribers to the Raffles Library, without pay- ment, during the term of their natural lives ; and, during their residence in the Colony, shall be entitled to the privileges of sub- scribers, subject to any by-Jaws to be framed under Section 7 ; but the rights herein provided for shall not be transferable. 928 [I. OF 1879.] SAVINGS BANK. Committees may frame By-laws. Penalty. Property to be held to be pub- lic property. Contracts of the Com- mittees how signed and enforced. Ord. XV. of 1876. Short Title. 7. It shall be lawful for the Committee or Committees appointed under this Ordinance, with the approval of the Governor, from time to time, to frame by-laws which shall be duly published in the Government Gazette for the internal management and protection of their several institutions, and for the use of the same by the public, and for the manner in which, and the extent to which, the privileges of subscribers to the same are to be used and enjoyed, and any person infringing any by-law so made, shall, on con- viction, before a Magistrate be liable to a penalty not exceeding fifty dollars. 8. The Botanical Gardens, and the Raffles Library, and the Raffles Museum, together with all growing and dead plants, trees, and flowers, and other property in the said Gardens, and all books, papers, and manuscripts, and other property in the said Library, and all articles in the said Museum, shall be held to be public pro- perty in relation to all laws in force, or to be in force, in the Colony for the protection of public property, and for the punishment of persons injuring or committing mischief, trespass, theft or other oflfences of whatever nature relating to the same. 9. All contracts entered into by the Committees to be appointed under this Ordinance shall be signed or executed by the President or Chairman for the time being of the Committee, and shall be deemed to be Crown Contracts under the provisions of the Crown Suits Ordinance, 1876. 10. This Ordinance may be cited as " The Raffles Societies Ordinance, 1878." Obdinakce No. I. op 1879. An Ordinance for establishing and regulating a Govern- ment Savings Bank. [lOth May, 1880.] ■WILLIAM C. F. ROBINSON, Governor and Commander-in-Chief. Savings Bank established. Treasurer to be Trustee. Whereas it is expedient that a Savings Bank should be established at Singapore, under the control of the Government of the Colony, and with the direct security of the Colonial Revenue for the re-payment of sums deposited in such Savings Bank. It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. There shall be a Savings Bank at Singapore, to be called the " Government Savings Bank," to be managed as herein pre- scribed. 2. The Colonial Ti'easurer or such other Officer as the Governor may, from time to time appoint, shall be Trustee and Manager of the said Sayings Bank, and shall perform the duties of his Office SAVINGS BANK. [I. OF 1879.] 929 under the provisions of this Ordinance, and subject to the directions, orders, and coatrol of the Governor. 3. The Colonial Treasurer is empowered to receive on account of '^° receive depositors any sum not less than one . dollar and not greater than ^^°^^ ^' two hundred and fifty dollars to be deposited in any one year or seven hundred and fifty dollars in the aggregate. 4. The Assistant Treasurers at Penang and Malacca or such other Deposits at Officers as the Governor may from time to time appoint, for that '^*°° ^'" purpose, are empowered to receive deposits on account of depositors at their respective Settlements subject to the limitations as to amount provided in Section 3. 5. The deposits received by the Assistant Treasurers or other How credited Officers shall be credited to the Government Savings Bank, and ^°^ entered. shall be entered in the Books of the Assistant Treasurers and kept at their Settlements for remittance to Singapore, in such manner and at such times as may be prescribed, from time to time, by the Governor; and so soon as practicable after any deposit is so made the Assistant Treasurer or Officer shall report the same to the Colonial Treasurer. 6. Every deposit so received shall be entered by the Officer Depositoi's receiving the same in a book to be furnished to the depositor, and Book, called the Depositor's Book, and each entry shaU be attested by the Treasurer or Assistant Treasurer or other Officer, as the case may be. Every entry so attested shall be considered as proof of the fact ^^ect of entry that the sum named therein was paid at the time stated, and shall entitle the depositor to have re-paid to him on demand the sum so entered with the amount of interest due thereon, according to the rules for interest in force for the time being. 7. All moneys so deposited shall be carried to such account in Deposits the General Treasury as may be directed, from time to time, by the Treasurv™ Governor, and all sums withdrawn by depositors, or by persons legally authorized to claim on account of depositors, shall be re-paid to them out of such monies ; and if at any time the monies received Ee-pa3'ment, under this Ordinance shall, owing to investments or otherwise, be if insufficient insufficient to meet the claims of any depositors demanding pay- 1"^^ ou°o''/ ments, it shall be lawful for the Governor, on the certificate of the revenue. Colonial Treasurer, to authorize by warrant the payment, to such depositor or depositors, of any such deficiency out of the general revenues of the Colony. 8. The interest payable to such depositors shall be at the rate of Interest pay-' four per centum per annum, or such other higher or lower rate as ^^^®- the Governor in Council* may, from time to time, direct, and shall be chargeable and payable, as to each sum deposited, on the full amount deposited, from the first day of the month following the date of deposit up till the last day of the month preceding the day of withdrawal. Provided that no interest shall be payable on any sum less than five dollars. * For rate, see GoTernment Gazette of April 20, 1883, p. 353. 3 N 930 [I. OF 1879.] SAVINGS BANK. Investment of Deposits in England ; not to be ap- plied to local purposes. Crown Con- tracts. Ord. XV. of 1876. Existing Savings Bank closed. Ord. VI. of 1876. Transfer of accounts, &c. Existing in- vestments. Kules by Governor in Council. Exemption from Stamp duties. 9. The monies deposited under this Ordinance, or so much of the same as may, from time to time, be available for investment, shall, so far as practicable, be invested in England, in such one or more securities yielding interest, respectively, as Her Msijesty's Principal Secretary of State for the Colonies shall, from time to time, direct ; and no part of such monies shall be applied in any way to the pur- poses of this Colony, or be invested in any loan of money raised, or to be raised, in the Colony for any purpose whatsoever. 10. All contracts entered into in pursuance of this Ordinance shall be held to be Crown Contracts, within the meaning of the Crown Suits Ordinance, 1876. 11. The Savings Bank established at Singapore under the Savings Bank Ordinance, 1876, shall be closed on the coming into operation of this Ordinance ; and, as soon as practicable thereafter, the accounts, deposits and securities of the said Savings Bank shall be transferred to the Colonial Treasurer to be continued under this Ordinance : provided that the provisions of Section 9 of this Ordinance as to investments shall not be held to be applicable to investments already made under that Ordinance ; but such investments shall be recalled as soon as payment of the money advanced becomes due, and no such investments shall be renewed after the expiry of the time for' which the money invested was lent. 12. It shall be lawful for the Governor, from time to time, to make rules and regulations by Orders in Council,* for carrying out the several purposes of this Ordinance ; provided that no such rules or regulations shall be in any way inconsistent with the provisions of this Ordinance. 13. No Power, Warrant, or Letter of Attorney, granted or to be granted by the Trustee of the Bank, nor any Power, Warrant, or Letter of Attorney given by any depositor in the Bank to any other person, authorizing him to make any deposit of any sum of money in the Bank on behalf of the said depositor, or to sign any document or instrument required by the rules or regulations of the Bank to be signed on making such deposit, or to receive back any sum of money deposited in the Bank, or the dividends or 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 Ordinance, or of the rules and re- gulations of the said Bank, shall be subject to or be charged with any stamp duty or duties whatsoever. Short Title. 15; This Ordinance shall be called " The Savings Bank Ordi- nance, 1879," and shall come into operation at such time as the Governor in Council may direct. For Rules, see Government Gazette of December 5, 1884, p. 1618. CONSERVANCY. [II. OF 1879.] 931 Ordinance No. II. op 1879. An Ordinance to amend the Indian Act No. 14 of 1856.* f25th February, 1879.] A. E. H. ANSON, Administrator. "Whereas it is expedient to amend the Indian Act No. 14 of 1856; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. In Section 2 of the Indian Act No. 14 of 1856, the expres- Interpretation, sion " Local Government " shall mean the Governor of the Colony ; the word " Station" shall mean anyone of the three Settlements of Singapore, Penang, or Malacca, with their respective depen- dencies. 2. After the second paragraph of the said Section 2 interpret- ing the word " Street," the following paragraph shall be inserted. Provided that it shall be lawful for the Commissioners, with the sanction of the Local Government, in defining such parts of the Station, to declare that the limits so defined, or any particular portions thereof, shall be exempt from any of the provisions of this Act ; and the Commissioners may, from time to time, with the sanction of the Local Government, declare that any particular places in the Station shall be subject to or exempt from the opera- tion of any of the provisions of this Act.t 3. Section 6 of the said Act shall be read as if the following Addition to words were inserted therein after the words " street or road " in Section 6. line 7 thereof, that is to say : — " and may execute works of a " reproductive nature, or of such general advantage to the health, " convenience or comfort of the inhabitants as to the Commis- " sioners, with the approval of the Local Government, may be " considered desirable." 4. Section 14 of the said Act shaU be read as if the words " or Addition to road " were added therein after the words " along any street " in ®''*"'° ^ " line 7, and again after the words "through any street" near the end of the section. 5. Section 19 of the said Act shall be read as if the words " or f^^f°\^ " shall in any other manner cover over or obstruct such drain, " sewer or aqueduct " were added after the words " such street or road " in line 6 of the section. 6. Section 21 of the said Act shall be read as if the following Addition to words were inserted after " Commissioners " in the 3rd line : — Section 21. * For the Act as amended by this Ordinance, see Appendix, p. 1263. t For Municipal Notices defining the parts of Penang as to which the provisions of Indian Act 14 of 1856 as amended by this Ordinance are applicable, see GoTemmeut Gazette of November 7, 1884, p. 1408, and of June 26, 1885, pp. 1081-4. 3n 2 •932 [II. OF 1879.] CONSERVANCY. Competent Courts de- clared under Section 23. Addition to Section 29. Addition to Section 83. Alteration to Section 37. Section sub- stituted for Section 36. S ection sub- stituted for Section 39. " accompanied by a plan and duplicate," and after the words level and width " and proposed means of draining." 7. The Courts of Requests at the several Settlements shall be deemed to be competent Courts under Section 23 of the said Act. 8. After Section 29 of the said Act, the following words shall be added : — "and any expense to be incurred in re-placing or re-fixing " any such numbers when destroyed, pulled down or defaced, shall " be borne and paid by the owner or occupier of the premises, and " shall be recoverable as hereinafter provided." 9. After Section 33 of the said Act the following words shall be inserted ; " provided that sufficient shoots or conduits be placed for " preventing the rain from falling in the street, and so that the " shoots or conduits shall not obstruct the thoroughfare." 10. In line 1 of Section 37 of the said Act the word " Station " shall be substituted for the word " Street." 11. For Section 36 of the said Act, the following section is sub- stituted : — 36. Whoever being the ownev of any house, liut, shed, or other building in or near any street, having the external roof or vvnlls made of grass, leaves, mats, or other such inflammable materials, at the time of the passing of this Ordinance, shall not remove the same within one month after notice in writing shall have been given him so to do, shall be liable to a penalty not exceeding ten dollars for every day that such roof or wall shall continue. And whoever makes, renews, or repairs any house, hut, shed, or other building in or near any street with such inflammable materials or causes any house, hut, shed, or other building in or near any street to be made, removed or repaired with such inflammable materials after the pnssing of this Ordinance, shaU be liable to a penalty not exceeding fifty dollars, and to a further penalty not exceeding ten dollars for every day he suffers or allows the same to remain after conviction. 12. For Section 39 of the said Act, the following section is sub- stituted ; — 39. If any house or building by reason of abandonment or of disputed ownership, or other cause, shall remain untenanted, and thereby become liable to be a receptacle for thieves and vaga- bonds, and be complained of by the neighbours or by the Chief Police Officer ; the Municipal Commissioners shall cause notice in writing to be put on the door or other convenient part of such house or building, requiring those concerned therein, whoever they may be, to close or secure the said house or building in such way that strangers may not have access thereto. And if such notice shall not be complied with within one week the Commissioners shall cause the necessary work to be executed, and all expenses thereby incurred shall be paid by the owner of the said premises, or by those concerned therein, and shall be recoverable as herein- after Drovided. CONSERVANCY. [II. OF 1879.] 933 13. After Section 41 of the said Act, the following section shall be inserted : — 41a. The Commissioners may, if they think fit at any time, give CommisBioners- notice to the occupier of any house or other building in or near ^J^es to'be any street to thoroughly cleanse the house or building of which lie cleaned, is occupier, and to whitewash the whole of the walls thereof within and without ; and in the event of such notice not being complied with within eight days from the service thereof, the said occupier shall be liable to a penalty not exceeding twenty dollars, and to a further penalty not exceeding five dollars for every day after con- viction until the notice be complied with. 14. After Section 42 of the said Act the following words shall Coooauut be added; — No cocoanut trees shall be planted within twelve feet *'i!''l°f"°^^ of any public street or road, and any cocoanut trees, so planted ^ny road, &c. after the passing of this Ordinance, may be cut down or dug out by order of the Commissioners. 15. For Section 43 of the said Act, the following section is sub- stituted : — 43. Whoever keeps any pig-stye to the front of any street, not Section sub- being shut out therefrom by a sufficient wall or fence, or who shall geetion 4T. keep any swine, sheep, goats, or cattle in or near any street without a written license* from the Commissioners, or in excess of the number stated in the license, shall be liable to a penalty not exceeding twenty-five dollars. And the Commissioners are hereby empowered to grant or refuse such license at their discretion. And whoever, after having obtained such license, suffers the pre- mises in which such animals are kept to be in a filthy state, shall be liable to a penalty not exceeding twenty-five dollars, and the license may be cancelled by the Magistrate before whom the person is convicted. 16. After Section 52 the following sections shall be inserted : — 62a. The walls of all houses or other buildings, erected in or Eules for bnild"- near any street after the passing of this Ordinance, which shall be i"g trick and contiguous to or adjacent to any other building if built of brick ^*°°^ °"*®'' or stone, shall be constructed in accordance with the following rules : — Rule I. — The walls of all houses shall be solidly built of bricks or WaUs, thick- stones throughout well bonded together with freshly made mortar, ^ess of. and shall be of the thickness of not less than nine inches at the upper story, thirteen and a half inches at the story immediately below the upper story, and eighteen inches at the story (if any) immediately below the said two stories. Rule II. — The foundations of the wall of a house shall be of Foundations, such depth delow the surface of the nearest road as the Commis- sioners shall direct, and the lowest course of every such foundation shall be of not less than twice the thickness of the wall at the said lowest story: and the thickness of the upper courses of such foundation shall diminish gradually towards the upper surface thereof. * For the amount of fee payable on such license, see Government Gazette of January 30, 1885, p. 119. 934 [II. OF 1,879.] CONSERVANCY. Space between floors of neigh- bouring houses. External ends "jf floors, &c. Abutments of floors and roofs. Penalty. Houses of stone or brick and plank, or of posts and plank; written per- mission. Pen Ity. Alteration in frontage of houses. Permission. Penalty. Addition to Section 54. Rule III. — The floors of any one house shall not approach nearer than nine inches length towards the floors of any other house separated by a party wall from the house first-mentioned : And the space intervening between the said two floors shall be pro- perly and substantially built up with bricks or stones, as the case may be. Rule IV. — In the case of two or more houses separated from each other, or others, by one or more party walls, the external ends of the floors of the first and last of the said houses shall be carried to and terminate at the space of not less than nine inches from the outside of the external walls of the said first and last houses respectively. Rule V. — ^The floors and roofs of houses or verandahs shall in all cases abut upon and rest against at least nine inches of solid brick or stone work, as the case may be. Any person infringing any of the i-ules or provisions of this section, shall be liable on conviction to a penalty not exceeding 100 dollars. And any erection made, or work executed, contrary to such rules or provisions, may be broken down by the Commis- sionerfs, and all expenses incurred thereby shall be borne by the owner of the premises, and shall be recoverable as hereinafter provided. 52b. Houses or other buildings constructed of stone and plank, or of brick and plank combined, or of posts and planks, shall not be subject to the foregoing building rules ; but it shall not be lawful to erect houses or buildings of such materials in or near any street without first obtaining a written permission so to do, and the Commissioners may grant or refuse such permission at their discretion. Whoever shall commence to erect any house or build- ing of the above materials without the written permission of the Commissioners, shall be liable to a penalty not exceeding one hundred dollars, and the Commissioners may cause such house or building to be taken down, and the costs and expenses of such taking down shall be borne and paid by the owner of such house, and shall be recoverable as hereinafter provided. 52c. It shall not be lawful for any person to make any altera- tion in the frontage of any house or building existing in or near any street at the passing of this Ordinance without permission, in writing from the Commissioners who may grant it or not at their discretion. Whoever makes any alteration as aforesaid without written permission, shall be liable on conviction before a Magistrate to pay a fine not exceeding one hundred dollars. And the Com- missioners may cause the frontage of any house or building altered contrary to the provisions of this section to be taken down, and the costs and expenses of such taking down shall be borne and paid by the owner of the premises, and shall be recoverable as hereinafter provided. 17. After Section 54 of the said Act, the following words shall be added : — " and also shewing sections and elevations of the front CONSEKVANCT. [II. of 1879.] 935 '' walls of the house, together with the dimensions of all beams, " bressemers, posts, pillars and columns thereof." 18. In Section 55 of the said Act, the words " and sections and A^di^jtion to " elevations " shall be added after the word "levels " in line 3, and '" also in line 4 of the section. 19. In Section 56 of the said Act, the words "or in any Addition to " manner " shall be added after the words " or at any levels " in Section 56. line 2 of the section ; and, alter the words " within the said 14 " days," the following words shall be added ; " or, in any other " respect, contrary to the orders given by the Commissioners as to " ventilation." 20. In Section 57 of the said Act the words " sections and Addition to " elevations " shall be added after the words* " levels " in line 2, Section 57. and also in line 4 and in line 9 of the section. 21. After Section 57 of the said Act, the following clause shall be inserted : — 57a. It shall not be lawful for any person to commence any Notice of in- such works, or (in the case of any such works, the progress whereof tended works shall have heen suspended) for a period exceeding three months to *° given, resume any such works, until four days written notice of the intention to commence or resume the same shall have been given to the Commissioners at their otiBce, by the person by or for whom such works are intended to be commenced, or resumed, and every such notice shall specify the material particulars of the said intended works. Any person commencing or resuming any works without having first given such notice as aforesaid to the Commis- sioners, or before the expiration of four days from the -giving thereof, shall for every such default be liable to a penalty not Penalty, exceeding fifty dollars. 22. Foj:. Section 63 of the said Act the following section is sub- stituted : — 63. Every owner or occupier of a house shall have erected on his Section sub- premises a privy ; and such privy shall be shut out by a sufiicient Iggt**^ gs"^ wall or fence from view of persons passing by or neighbours, and ^ shall be constructed in such manner, and of such materials, as the Commissioners may direct ; and shall be so constructed as to give due facilities for cleansing. Any owner or occupier of a house who builds or makes such privy contrary to the provisions hereof, or shall not have erected on his premises a privy as required herein, shall be liable to a penalty not exceeding twenty dollars. 23. After Section 96 of the said Act, the following words shall Addition to be added :— " and the Commissioners with the sanction of the Local ^° '°° ' " Government, may build or construct on anyland belonging to " them, or hereafter purchased by them, public markets,, and, with " the like sanction, may levy tolls thereon, and may lease the same " or the holdings therein for such periods and in such manner as to " them may seem fit."'!' • Sic in original. t For By-Iawi proposed to te made under tluB section by the Municipal CommiBsioners of Fenaiig, see Goverament Gazette of October 17, 1884, p. 1169.. 936 [II. OF 1879.] CONSEEVANCY. Soction sub- stituted for Section 102. Offensive and dangerous trades to be registered. Application for license. Conditions of license. Duration and continuance of licenses. Penalty. Cancelment of licenses. 24. For Section 102 of the said Act, the following section is substituted : — 102. — I. All places registered under Section 102 of the Act No. 14 of 1856, as to which the licenses may be in force at the time of the coming into operation of this Ordinance, may be continued to be used under their existing licenses. II. From and after the coming into opei'ation of this Ordinance, the owner or occupier of every place used, or intended to be used, within the parts of any of the said Stations which shall be specially prescribed by the Commissioners,* with the approval of the Local Government, for any of the following purposes, namely; for melting" tallow, or for boiling offal or blood, or as a soap house, oil-boiling house, dyeing house, tannery, brick pottery or lime kiln, saga manufactory, or as a fish-curing or fish-manure manufactory, or as- a manufactory of, or dep6t of, fire-works, matches, or other manufactory or place of business from which offensive or unwholesome smells arise, or as a yard or dep6t for hay, straw, wood, attaps, or coal, shall forthwith after this Ordinance comes into operation, if the place be not already registered as provided in Clause I of this section, and so soon as the registry shall have expired if so registered already, register the same at the office of the Commissioners in a book to be kept by them for that purpose. III. The owner or occupier of every such place, on registering the same, shall apply to the Commissioners for a license to use the same, which license the Commissioners are hereby authorised at their discretion to grant.f IV. Every license granted under this section shall be subject to such conditions, as to the Commissioners may seem fit, to secure that the place shall be used in a proper manner, and without detri- ment to the public, or to the persons or property of neighboui-s. V. Licenses to be issued under this section shall be in force for one year only ; after which they may be renewed by the Commis- sioners from year to year ; but licenses in force at the passing of this Ordinance, and all licenses to be issued in the current year on the coming into operation of this Ordinance, shall be in force till the end of the current year only. VI. Every person using any siich place without a license, or contrary to any of the conditions of the license, shall be liable to a penalty not exceeding one hundred dollars ; and to a further penalty not exceeding twenty-five dollars for every day during which the offence is continued after the conviction for such offence. VII. Every license issued under this section may be cancelled by a Magistrate, on the conviction of the owner or occupier of the place, or of any person acting for or under the orders of the owner or occupier, for any offence under this Section, or for any offence' against any bye-law issued under Section 104. * For radius prescribed in Malacca, see Government Gazette of June 18, 1880, p. 548. f For the Table of Fees payable for such licenses, see Government Gazette of January 30, 1885, p. 119. MUNICIPAL BATES AND TAXES. [III. OF 1879.] 937 25. For Section 111 of the said Act, the following section is Section sub- 1 , . , , J ° stituted for substituted:— Section m. 1 1 1. The owner, trustee, or person in charge of every burial and Registry of burning ground shall keep, or cause to be kept, a register, in which shall be entered the name, sex, age, religion, residence, and, as far as possible, cause of death of every person whose body is brought to such burial or burning ground ; and shall permit the Municipal Commissioners, and the Registrar-General, or any OiScer duly appointed by them, to inspect such register and make copies or extracts therefrom. And whoever being the owner, trustee, or person in charge of any burial or burning ground, shall omit to enter the above particulars referring to any person whose body is brought there, or who shall not show such register to the Commis- sioners, or the Eegistrar-General or their duly appointed Officer, or shall prevent the making of copies or extracts as above provided, or shall falsify such register, shall be liable to a penalty, of not exceeding fifty dollars. 26. Section 131 of the said Act shall be read as if the figures Alteration in CII were substituted, in line 2 thereof, for the figures CIII ; and ^^'=*'°° *^^- as if the figures " XLIII " were therein, after the word " Section " in line 2. 26. This Ordinance may be cited as " The Conservancy Ordi- Short Title, nance, 1879," and shall be taken with and read as part of the Indian Act No. 14 of 1856.* Ordinance No. III. of 1879. An Ordinance to amend the Indian Act No. 25 of 1856. [25th February, 1879.] A. E. H. ANSON, Administrator. Whereas it is expedient to amend the Indian Act No. 25 of 1856; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. After Section 2 of the Indian Act 25 of 1856t the following ^°y™^'^''*" clause shall be inserted. rules for the " 2a. It shall be lawful for the Commissioners, from time to time, officers? to make rules for regulating the duties to be performed by their Secretary and other Officers under this and the Special Act,J and under the Act No. 14 of 1856.* Such rules shall not be inconsistent with the provisions of this Act and of Act 27 of 1856,J and shall be subject to the approval of the Governor, and when so approved * For Indian Act 14 of 1856, as amended, see Appendix, p 1253. Both this section and the preceding one are numbered " 20 " in the, original Ordinance, f For Indian Act 25 of 1856, as amended, see Appendix, p. 1307. J For Indian Act 27 of 1856, as amended, see Appendix, p. 1316, 038 [IV. OF 1879.] MUNICIPAL RATES AND TAXES. Addition to Section 4. Owners and occupiers to disclose value. Penalty. Ord. IV. of 1871. shall be published in the Government Gazette, and shall have the force of law as if embodied in this Act. 2. At the end of Section 4 of the Indian Act No. 25 of 1856,* the following words shall be added, that is to say, — " but in esti- " mating the annual value of any land on which machinery is " employed for manufacturing the produce of such land, it shall " be lawful to take into consideration the enhanced value given to " such land by the presence of such machinery." 3. It shall be the duty of every occupier of lands or houses, liable to be assessed under this Act, to answer the assessing officers, truly disclosing the amount of rent paid by him yearly for the lands or houses occupied by him if he pays rent in money, or the considera- tion, if not in money, on which he occupies such lands or houses, and it shall be the duty of every owner of lands or houses, liable to be assessed under this Act, to answer the assessing officers, truly disclosing the value in money or other consideration receivable by him for the lands or houses. Any person refusing to answer, or falsely answering, under this Section, shall be guilty of an oifence under Section 202 or 203 of the Penal Code, as the case may be. Ordinance No. IV. oi? 1879. An Ordinance to amend the Indian Act No. 27 of 1856.f [25tli February, 1879.] A. E. H. ANSON, Administrator. Addition to Section 22. i'roperty not liable to rate. Whereas it is expedient to amend the Indian Act No. 27 of 1856 ;t It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. For Section 22 of the Indian Act No. 27 of 1856,t the follow- ing Section is substituted. All buildings belonging to, or in the occupation of Her Majesty's Government, or the Government of the Colony, and all buildings used exclusively as places for public worship ; and all buildings used exclusively for public schools, for charitable purposes, and for the purposes of science, literature, and fine arts, and not for pecuniary profit, shall be exempt from liability to the rate. * For Indian Act 25 of 1856, as amended by this Ordinance, see Appendix, p. 1307. I For Indian Act 27 of 1856, as amended by this Ordinance, see Appendix, p. 1316. hackney cakeiages. [v. of 1879.] 939 Ordinance No. Y. op 1879. An Ordinance for regulating Hackney Carriages. [25th February, 1879.J A. E. H. ANSON, Administrator. Whereas, since the passing of the Hackney Carriages Act, 1867, a large number of Omnibuses, for the conveyance of passengers in the Town, and of Stage Coaches, for the conveyance of passengers in the Country districts, in Singapore, have been employed, and it is expedient to provide by law for regulating the use of such Omni- buses and Stage Coaches, and to include such regulations in a general Ordinance for regulating Hackney Carriages, in substitution Act XIX. of of the Hackney Carriage Act, 1867 ; ^®®^- It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Kegistey of Carriages. 1. Every Carriage intended to be used for the conveyance of Carriages to passengers for hire within the several Settlements of the Colony, ^* ^egistere . shall be annually registered and licensed at such Settlement, as a Hackney Carriage, by an Officer, who shall be appointed for that purpose by the Governor,* and styled, the Registrar of Hackney Carriages, and who shall keep a Register, in which he shall, on registration, enter every Hackney Carriage under the First or Second or Third Class. 2. Every Carriage licensed for the conveyance of passengers Omnibuses and within the limits of a Town, as prescribed from time to time by the StageCamages, Governor in Council, t to carry more than four passengers, shall be ho^ registered, registered as a Hackney Carriage of the Third Class, and shall be called an Omnibus, and every Carriage licensed for the conveyance of passengers without such limits, or from places within such limits to places more than four miles distant from the Chief Police Station, shall be registered as a Hackney Carriage of the Second Class, and shall be called a Stage Coach. 3. No Carriage shall be registered under the First Class except First Class. Carriages which do not ply for hire on the public streets. 4. The registration .shall take place annually upon such day in Registration each year as the Registrar shall appoint : but any person wishing ^°™'il- within the year to use, as a Hackney Carriage, a Carriage not so in use on the last preceding day of annual registration, may have such Carriage registered on application to the Registrar. When any registered Carriage is transferred within the year to another Owner, such Carriage shall be registered anew in the name of the person to whom it has been transferred. Carriages registered when this Ordinance comes into force, if the Carriages al- reaister has not been cancelled, may continue to be used as if ready regis- . ° I ___^ tered. * For Order appointing the Superintendents of Police of Singapore, Penang, and Malacca, respectively, Registrars of Hackney Carriages, see Government Gazette of March 21, 1879, p. 209. t For Order in Council as to Singapore, see Government Gazette of December 28, 1883, p. 1557. 940 [V. OF 1879.] HAdKNEY CARRIAGES. Registered owner. Several owners. Application for registry. Particulars. Fee. Penalty for omitting to register. Carriages f eized and not claimed. registered under thia Ordinance, till the end of the term of registry, or till otherwise the register may be ca,ncelled. 5. The person in whose name any Carriage is registered under this Ordinance, shall, for the time being, be deemed the Owner of such Carriage, for the purposes of this Ordinance. Provided that in any case where there shall be more than one owner of any Hack- ney Carriage, it shall be sufficient in any Information, Summons, Order, Conviction, "Warrant or any other Proceeding, under the provisions of this Ordinance, to name one of such Owners, without reference to any other or others of them, and to describe and pro- ceed against him, as if he were sole Owner. 6. The Owner of any Carriage, who is desirous of registering it as a Hackney Carriage, shall apply to the Registrar, stating the Class in which he desires that the Carriage may be registered ; and he shall submit the Carriage for the inspection of the Registrar, at such convenient time and place as the said Registrar shall appoint. The Registrar shall, on examination of the Carriage, decide whether the Carriage is fit to be registered in the Class applied for, and shall accordingly either register it in that Class, or refuse to grant the application. 7. The following particulars shall be entered in the Register and shall be specified in the license granted to the Owner : — The Class. and Number assigned to the Carriage, the number of Horses to be employed in drawing the same, the number of persons it is licensed to carry, and the name and residence of the Owner. 8. A fee of Two Dollars shall be paid for each registration of a Carriage of the First Class, and a fee of One Dollar for each registration of a Carriage of the Second Class, and a fee of Fifty Cents for each registration of a Carriage of the Third Class, not being an Omnibus or Stage Coach, and a fee of One Dollar for each registration of an Omnibus, or a Stage Coach, under this Ordinance. 9. Any person being the Owner of a Carriage, required by this Ordinance to be registered as a Hackney Carriage, who shall omit to have such Carriage so registered, and any person, being the Owner of a Hackey Carriage the registration of which shall have been cancelled by the Registrar, who shall use or let the same to hire, shall be liable to a penalty not exceeding Fifty Dollars ; and the Registrar, or his Agent, or any Peace Officer may seize, and remove to a Police Station or Pound, any such Carriage as afore- said, together with the Horse or Horses drawing the same. Pro- vided that such Carriage be not employed at the time of seizure in the conveyance of any passenger. If the Carria;:;e so seized be not claimed, and if any penalty im- posed be not paid within ten days, such Carriage, together with the Horse or Horses and Harness seized with it, may be sold by- auction, and the proceeds applied to the payment of the penalty^ and of all costs and charges incurred on account of the detention HACKNEY CARRIAGES. [V. OF 1879.] 941 and sale, and the surplus (if any), if not claimed by the Owner within a further period of sixty days, shall be forfeited. Inspection of Carriages. 10. The Registrar may cause an inspection to be made, as often Inspection, as he may deem necessary, of all carriages registered under this Ordinance, and of all Horses with their Harness used in di-awing the same ; and it shall be lawful for any Peace Officer, or any person appointed for that purpose by the Registrar, to require the Driver, Conductor or person in charge of any such Carriage, which he may find in any public street, road or place, to drive the same for inspection to any place that may be appointed by the said Registrar for that purpose ; provided that such Carriage be not employed at the time in the conveyance of any passenger, and any .Driver, Conductor or person in charge refusing or neglecting to comply with such request, shall be liable to a penalty not exceeding Ten Dollars. It shall be lawful for the said Registrar to summon the Owner Summons. of any such Carriage to produce the same for inspection at any place as aforesaid, together with the Horse or Horses and Harness used in drawing such Carriage ; and any Owner who shall fail to produce any Carriage or Horse or Horses and Harness as aforesaid, when summoned to do so, shall be liable to a penalty not exceeding Five Dollars, for every day that he shall so be in default, and the registration of the Carriage may be cancelled by the Registrar. 11. Whenever on inspection as aforesaid any Carriage registered Carriages under this Ordinance, or the Horse or Horses or Harness used in "°^*" drawing the same, shall be found to be in a condition unfit for public use (due regard being had to the Class in which such Carriage may have been registered), the said Registrar shall give notice in writing, accordingly, to the Owner thereof, which notice shall be personally served on such Owner, or delivered at his place of residence (as by him stated, in compliance with the 7th and 12th Sections of this Ordinance), and if, after notice as afore- said, any such Carriage or such Horse or Horses or Harness shall be used or let to hire, without the written permission of the said Registrar, the registered Owner thereof shall be liable to a penalty Penalty, not exceeding Five Dollars, for each day that such Carriage or such Horse or Horses or Harness shall be used or let to hire, and the registration of the Carriage may be cancelled by the said Registrar. 12. Whenever the Owner of any Carriage registered under this Owuer'schange Ordinance, shall change his residence, he shall give notice thereof, °^ residence. in writing signed by him, to the Registrar, specifying in such notice his new place of residence, and shall at the same time produce his license to the said Registrar, who shall endorse thereon a memo- randum of such change and correct the entry in the Register, and every registered Owner who shall change his residence and neglect for three days to give notice of such change, and to produce his 942 [V. OF 1879.] HACKNEY CARRIAGES. Penalty. Eegistry plates. Penalty. Return of plates. Penalty. False plates. Penalty. Prosecutions. Seizure. Illegible numbers. Penalty. license in manner aforesaid, shall be liable to a penalty not exceed- ing Ten Dollars. Carriage Plates. 13. The Registrar shall provide for every Carriage registered in the Second or Third Class, three plates bearing the number of such Carriage in the Register, charging therefor to the Owner a fee of fifty cents ; and the Owner shall cause such plates to be affixed to the Carriage, in such manner as the Registrar shall direct ; and shall further cause the Carriage and the fittings thereof to be marked with such number and in such other manner as shall to the said Registrar seem proper; and the Owner of any Carriage so registered who shall allow such Carriage to be used or let to hire, not having such plate affixed, and not being marked with the number of registration in the manner aforesaid, shall be liable to a penalty not exceeding Twenty Dollars. 14. Upon the expiration of the period for which any Carriage may have been registered under this Ordinance, the Owner thereof shall cause the plates of such Carriage, affixed under the last pre- ceding Section of this Ordinance, to be delivered to the said Regis- trar ; and any person who, after the expiration of the period afore- said, shall wilfully neglect for three days to deliver the plates to the said Registrar, and every person who shall use or detain any plate affixed in respect of a registration which is no longer in force, shall, for every such offence, be liable to a penalty not exceeding Fifty Dollars. 15. Every person who shall, for the purpose of deception, use or have any plate resembling or intended to resemble any plate affixed under this Ordinance, or shall use any plate for any Carriage other than that for which it was issued, shall, for every such offence, be liable to a penalty not exceeding One Hundred Dollars. 16. It shall be lawful for the Registrar, or for any person em- ployed by him for that purpose, to prosecute any person so neglect- ing to deliver up a plate, at any time within twelve months after the expiration of the registration in respect of which such plate was affixed ; and it shall be lawful for any Peace Officer, or any person employed for that purpose by the Registrar, to seize and take away any such plate, or any plate used for the purpose of deception as aforesaid, wheresoever the same may be found, and to deliver the same to the Registrar. 17. Whenever the number on any plate shall become obliterated, or defaced, so that the same shall not be distinctly legible, the Owner of the Carriage to which such plate was affixed shall deliver such plate to the Registrar, and shall be entitled to have a new plate affixed upon payment of such sum of money, not exceeding One Dollar, as the Registrar shall from time to time appoint. And every registered Owner who shall use or permit to be used any plate after the number thereon shall have become obliterated, de- faced, or obscured, so that the same shall not be distinctly legible, shall, for every such offence, be liable to a penalty not exceeding Twenty Dollars. HACKNEY CARRIAGES, [V. OF 1879.] 943 18. Whenever any plate shall be proved to the satisfaction of Lost plates, the Registrar to have been lost or mislaid, the Owner of the Carriage to which such plate was affixed shall be entitled to have a new plate affixed, upon payment of such sum not exceeding One Dollar as the Registrar shall from time to time appoint. Provided that if any plate, which shall have been proved as afore- said to have been lost or mislaid, shall afterwards be found, the same shall forthwith be delivered to the Registrar, and every person in and into whose possession any such plate shall be or come, who shall refuse to deliver the same to the Registrar, or his Agent, or any Peace Officer by whom it may be demanded, shall, for every such offence, be liable to a penalty not exceeding Fifty Penalty. Dollars. Drivers? and Conductors. 19. It shall be lawful for the Registrar to grant a license to Drivers' act as Driver or Conductor of Hackney Carriages, to any person '''■®''^^^' who shall apply for the same, and to whom it may seem proper to the said Registrar to grant it. Provided that no person shall be so licensed who shall appear to the said Registrar to be under 16 years of age. The licensing of persons to act as Drivers or Conductors of Licenses to be Hackney Carriages shall take place annually, upon such day "^"""^ ' in each year as the Registrar may appoint, but any person wishing, within the year, to act as Driver or Conductor may be licensed by the Registrar for the remaining portion of such year. In every license shall be specified the number of the license, and the date at which it is issued, and the name, place of abode and apparent age of the person to whom such license is granted ; and the said Registrar shall, at the time of granting any license, deliver to such Driver or Conductor an abstract of the provisions of this Ordinance relating to Drivers and Conductors, and of the penalties to which they are liable for any misconduct. The particulars of every license which shall be granted as aforesaid shall be entered in a Register to be kept for that purpose at the Office of the Registrar. So often as any Driver or Conductor shall change his place of Change of abode, he shall forthwith give notice thereof to the Registrar, ??°^® °^„ by personally attending at the office of the Registrar, and bringing ' with him his license ; and the Registrar shall thereupon endorse on the license, and in the register of licenses, a memorandum specifying the particulars of such change of abode. Every Driver or Conductor omitting to appear and to give Penalty, notice of his change of abode, as required by this Section, shall . be liable to a penalty not exceeding Ten Dollars. 20. For every license to act as Driver or Conductor, granted Fee. under this Ordinance, a fee of One Dollar shall be paid ; and the Registrar shall, at the time of granting any license, deliver to the Driver or Conductor, to whom the same may be granted, a metal 944 [V. OP 1879.] HACKNEY CARRIAGES. Badge. Badge how to be carried. Unlicensed Drivers. Penalty. Proviso. Return of license and badge. Penalty for transfer of license or badge. Prosecution. Seizure. badge, upon which shall be marked or engraved a number corres- ponding with the number which shall be inserted in the license, and for which the Driver or Conductor shall pay a fee of thirty- cents. The Driver or Conductor to whom such badge is delivered shall at all times, while acting as Driver or Conductor of a Hackney Carriage of the Second or Third Class or while attending before any Magistrate, carry such badge strapped on his left arm above the elbow, in such manner that the number of such badge shall be clearly exposed to view. 21. It shall not be lawful for any person to act as Driver or Conductor of a Hackney Carriage, whether such person shall or shall not be the Owner of such Carriage, unless such person shall be licensed as a Driver or Conductor under this Ordinance. Every Owner of a Hacknej' Carriage who shall act as Driver or Conductor thereof without being duly licensed under this Ordinance, or who shall knowingly suffer any person not so licensed to act as such Driver or Conductor, shall for every such offence be liable to a penalty not exceeding Fifty Dollars ; and any person, not being the Owner, who shall act as Driver or Conductor of a Hackney Carriage, without being licensed as aforesaid, shall be liable for every such offence to a penalty not exceeding Twenty-five Dollars. Provided that nothing in this Ordinance contained shall prevent the Owner, or any person hiring or using a Hackney Carriage of the First Class from driving the same himself. 22. TJpon the expiration of aay Driver's or Conductor's license granted under this Ordinance, he shall deliver his license and badge to the Registrar ; and every Driver or Conductor who, after the expiration of his license, shall wilfully neglect for three . days to deliver the same to the said Registrar, and also every person who shall use, or wear or detain any badge, without having a license in force relating to such badge, shall, for every such offence, be liable to a penalty not exceeding Fifty Dollars. Every Driver or Conductor, licensed under this Ordinance, who shall transfer, or lend or allow to be used or worn by any other person, any license or badge granted to him, and every person using such license or badge shall be liable to a penalty not exceeding Twenty -five Dollars ; and every person who shall, for the purpose of deception, use or wear or have any badge resembling or intended to resemble any badge granted under the authority of this Ordi- nance, shall, for every such offence, be liable to a penalty not exceeding Fifty Dollars. It shall be lawful for the Registrar, or for any person employed by him for that purpose, to prosecute any person so neglecting to deliver up his license or badge, at any period within twelve calendar months after the expiration of the license ; and it shall be lawful for the Registrar, his Agent, or any Peace Officer, to seize and take away any such license and any such badge, or any badge used for the purpose of deception as aforesaid, wheresoever the same may be fovmd, and to deliver the same to the Registrar. HACKNEY CAKRIA.GES. [V. OF 1879.] 945 '23. Whenever the number on any badge shall become obliter- Illegible ated or defaced, so that the same shall not be distinctly legible, the ^^^S^^- person, to whom the license relating to any such badge shall have been granted, shall deliver such badge, and shall produce such license, to the Eegistrar, and such person shall then be entitled to have a new badge delivered to him, upon payment of such sum of money, not exceeding One Dollar, as the Registrar shall from time to time appoint : And every person, licensed under the authority of this Ordinance who shall use or wear the badge granted to hira, after the number thereon shall be obliterated, defaced or obscured, so that the same shall not be distinctly legible, shall, for every Penalty, such offence, be liable to a penalty not exceeding Ten Dollars. 24. Whenever any badge shall be proved to the satisfaction Lost badges, of the Registrar to have been lost or mislaid, the person, to whom the license relating to any such badge shall have been granted, shall produce such license to the Registrar, and such person shall then be entitled to have a new badge delivered to him, upon pay- ment of such sum, not exceeding One Dollar, as the Registrar may from time to time appoint. Provided that if any badge, which shall have been proved as Where found, aforesaid to have been so lost or mislaid, shall afterwards be found, the same shall forthwith be delivered to the Registrar ; and every person in or into whose possession any such badge as last aforesaid shall be, or come, who shall refuse or neglect for three days to deliver the same to the said Registrar, his Agent, or any Peace Officer, shall, for every such offence, be liable to a penalty not Penalty, exceeding Twenty-five Dollars. Rates of Hire. 25. The Owner or Driver or Conductor of every Hackney Rates of hire. Carnage, registered for the time being in the Second or Third Class, shall be entitled to demand, and take for the hive of such Carriage, only the fares set forth in the Schedules to this Ordinance annexed, or such higher or lower fares as may, from time to time be prescribed by order of the Governor in Council. Provided that nothing in this Ordinance contained shall prevent Lower rates. any Driver or Owner or Conductor from being bound bj' any ■contract, into which he may enter, to receive payment at a rate lower than that fixed by this Ordinauce. 26. The Registrar shall supply to the Owner of every licensed Tables of Hackney Carriage of the Second or Third Class, a table of the ^^*^^' rates and fares authorized under this Ordinance, together with an abstract of such of the rules, connected with the duties of drivers and conductors, as the Registrar shall, from time to time, direct ; and the Owner of every such Carriage shall be required, under a penalty not exceeding Ten Dollars, to keep the said table, or a Penalty. copy thereof, in a legible condition, fixed up in the inside of such Carriage, in such position as shall be directed by the Registrar. 27. In the case of disputes as to the fare to be calculated accord- Table of ing to the distance, any table of distances published by the Distances. authority of the Registrar in the Government Gazette of the 3 946 [V. OF 1879.] HACKNEY CARRIAGES. Colony, shall be taken to be conclusive evidence of all the distances therein stated to have been ascertained by the said Registrar.* Appointment of Stands. Refusal to hire. Licenses may be cancelled. Board with Tables of Fares. Where to drive. Number of Carriage Stands. 28. The Registrar shall, with the sanction of the Municipal Commissioners, from time to time appoint one or more Public Stands, in the several Towns of the Colony, and in such villages and places in the several Settlements as he may think fit, for the hire of Carriages of the Second and Third Class registered under this Ordinance, and may also, on the application of anj'' Owner of such Hackney Carriages, grant a license to the Owner to use any stable or premises as a Public Stand; and any Owner or person in charge of any Hackney Carriage, who shall, without a reasonable excuse to be allowed by the Magistrate before whom the matter shall be brought in question, refuse to let for hire any Hackney Carriage plying for hire or standing at, or being on any Public Stand, or standing in or passing along any public street, road or place shall, foe each offence, be liable, on conviction, to a fine not exceeding Twenty-five Dollars. 29. Whereas licenses are granted to Owners of Hackney Carriages on condition that they let out their carriages to the public at all reasonable times, and it is expedient to cancel the license of any such Owners as refuse to let out their carriages when requested thereto, without reasonable cause to be allowed by the Registrar, it is further enacted that it shall be lawful for the Registrar, subject to the approval of the Governor, to cancel the license of any Owner of a Hackney Carria^ge who refuses, at any time, whether at a stand oi plying for hire or not, to let out his carriage for hire, without reasonable excuse therefor to be allowed by the Registrar. 30. Every Public Stand so appointed or licensed shall have a board afiixed on it in a conspicuous place, containing a table of fares chargeable under this Ordinance, and a notice that the same is a Public Stand, and all Public Stands, other than Stands licensed under Section 28 of this Ordinance, shall be subject to such regulations for maintaining order thereon as the Chief Police Officer may issue. General Rx;tES. 31. The Driver of every Carriage of the Second and Third Class registered under this Ordinance, shall, unless he have a reasonable excuse, to be allowed by the Magistrate before whom the matter shall be brought in question, drive such carriage to any place, within a radius of four miles from the Chief Police Station of such Settlement, to which he shall be required by the hirer thereof to drive. 32. The Driver or Conductor of every Carriage, registered under the Ordinance, shall carry in and by such Carriage, the * For Table of Distances for Singapore, see Government Gazette of May 9, 1879, p. 300 ! for Province Wellesley, see Government Gazette of November 80, 1883, p. 1435 ; for Malacca, see Government Gazette of February 19, 1886, p. 230. HACKNEY CAERIAGES. [V. OF 1879.] 947 number of persons which the Carriage is licensed to carry, or any less number of persons as may be required by the hirer [thereof*]. 33. The Driver or Conductor of every Carriage registered under Luggage, this Ordinance, shall carry in or upon such Carriage a reasonable quantity of luggage, for every person hiring such Carriage, without any additional charge. Offences by Drivers, &c. 34. The Driver or Conductor of any Carnage registered under Conduct of this Ordinance, who shall be guilty of wanton or furious driving, Drivers, or who, by carelessness or wilful misbehaviour, shall cause any hurt or damage to any person or property, or who, during his employment shall be drunk, or shall make use of any insulting or abusive language, or shall be guilty of any insulting gesture or any misbehaviour, shall, for every such offence be liable to a penalty Penalties, not exceeding Twenty-five Dollars ; or it shall be lawful for the Magistrate, instead of inflicting such penalty, forthwith to sentence the offender to rigorous or simple imprisonment for any period not exceeding two months ; and in every case where any such hurt or damage shall have been caused, the Magistrate, upon the hearing of the complaint, may adjudge, as and for compensation to the party aggrieved as aforesaid, a sum not exceeding Fifty Dollars, and may order the Owner of the Carriage, the Driver or Con- ductor of which shall have caused such hurt or damage, forthwith to pay such sum, and also such costs as shall have been incurred ; and payment [thereof*] shall be recoverable from such Owner as a fine ; and, any sum which shall be so paid by the Owner shall in like manner be recovered in a summary way before a Magistrate, from the Driver or Conductor through whose default such sum shall have been paid, upon proof of the payment thereof, or it shall be lawful for the Magistrate in the first instance to adjudge the Compensation, amount of such compensation to be paid by such Driver or Con- ductor to the 'party aggrieved, and the amount shall be recoverable as a fine. 35. The Driver or Conductor of any Hackney Carriage of the Offences. Second or Third Class, who shall commit any of the "following offences shall be liable to a penalty not exceeding Ten Dollars for each offence : — 1st. — Every Driver or Conductor of a Hackney Carriage who, while acting as Driver or Conductor or attending before any Magistrate, shall appear not properly dressed, or shall omit to wear exposed to view the badge delivered to him by the Registrar, as- hereinbefore provided ; 2nd. — Every Driver of a Hackney Carriage who shall suffer his Carriage to stand across any street, or alongside of any other Carriage ; or who shall refuse to give way (when he reasonably and conveniently may do so) to any other Carriage ; or who shall wilfully obstruct, or hinder the Driver or Conductor of any other Carriage in taking up or setting down any person into, or from, such other Carriage ; or who shall wrongfully prevent, or endeavour * " Hereof " in original Ordinance. 3 2 948 [V. OF 1879.] HA.CKNEY CAEKIAGES. Bndorsement of Conviction on Driver's .license. to prevent, the Driver or Conductor of any othei" Carriage from being hired, or from taking up passengers ; or who shall leave his Carriage without some proper person to take care of it, in any street, or at any place of public resort or entertainment ; or who, shall stand or loiter for hire in or upon any public road, street or place, not being a public Carriage stand ; 3rd. — Every Driver or Conductor of a Hackney Carriage who shall demand or take more than the proper fare to which he is legally entitled, or who shall refuse to admit and carry in his Carriage the number of persons for which such Carriage is licensed, or who shall carry more than such number of passengers, or who shall refuse to carry by his Carriage a reasonable quantity of luggage as provided for by this Ordinance ; 4th.— Every Driver of a Hackney Carriage who shall not drive his Carriage at a reasonable and proper speed, that is to say, not less than five miles an hour, except in cases of unavoidable delay, or, when required by the hirer thereof, to drive at any slower pace; 5th. — Every Driver of a Hackney Carriage who shall ply for hire with any Carriage or Horse or Harness which shall be at the time unfit for public use ; 6th. — Every Driver of a Hackney Carriage who shall refuse or omit to drive the same to any place, within the limits laid down in Section 31 of this Ordinance, to which he may be required to drive by the hirer. 36. It shall be lawful for any Magistrate, before whom any Driver or Conductor shall be convicted of any offence, whether under this Ordinance or under any other law, to endorse a memo- randum of any such conviction on the license of such Driver or Conductor, or to revoke or suspend such license for such time as the Magistrate shall think proper ; and for that purpose to require the Driver or Conductor, or any other person, in whose possession such license, and the badge thereto belonging, shall then be, to deliver up the same : and every Driver or Conductor or other person who, being so required, shall refuse or neglect to deliver up such license and such badge or either of them, shall be liable to a penalty not exceeding Twenty-five Dollars, so often as he shall be so required and refuse or neglect as aforesaid. The Magistrate shall immediately send every license and every badge, delivered up to him under this Section, to the Kegistrar, who shall cancel such License if it has been revoked by the Magistrate, or, if it has been suspended, shall, at the end of the time for which it shall have been suspended, re-deliver such license with the badge to the person to whom it was granted, on his applying for the same. Bef aging to drive. Owners and Deivers, &c. 37. Any Driver or Conductor, being in the employment of the Owner of any Carriage registered under this Ordinance, who shall, without sufficient excuse, refuse or neglect to drive or act as Con- ductor of any such Carriage, on being required to do so by the Owner, or his Agent, or who shall refuse or neglect to attend at HACKNEy CAKEIAGES. [V. OF 1879.] 949 the premises of his employer, for the purpose of driving or acting as Conductor of any such Carriage, or for any purpose connected with his employment as a Driver or Conductor, shall be liable for each offence to a penalty not exceeding Ten Dollars, the whole or any part of which may, by order of the Magistrate, be paid to the Owner as compensation. 38. It shall be lawful for any Magistrate to hear and determine Disputes be- all matters of complaint between any Owner of a Carriage registered ^^t,^7^s^ under this Ordinance, and the Driver or Conductor thereof, and to order payment of any sum of money that shall appear to be due by eitlier party, for -wages or for the earnings in respect of any such Carriage, and to order compensation to the Owner in respect of damage or loss which shall have [arisen*] through the neglect or default of any Driver or Conductor, to the property of his employer entrusted to his care, or in respect of anj' sum of money which such Owner may have been lawfully ordered by a Magistrate to pay, and which shall have been actually paid, pursuant to such order, on account of the negligence or wilful misconduct of his Driver or Conductor ; and to order such compensation to either party in respect of any other matter of complaint between them, as to such Magistrate shall seem proper, and any sum of money so directed to be paid may be ordered to be paid immediately or by instalments, and may be recovered as a fine. CONDTTCT OF PASSENGERS. 39. If any person hiring a Carriage, registered under this Refusing to- Ordinance, shall refuse to pay on demand, to the Owner or Driver P^^ ^"'^' or Conductor of such Carriage, the fare payable under this Ordi- nance, he shall be liable, on conviction, in addition to the payment of the fare, to pay a fine not exceeding Fifteen DoUara, which fine, or any part thereof, the Magistrate may adjudge to be paid to the Owner of such Carriage, as compensation for any loss of time he may have suffered. 40. Any person using a Carriage registered under this Ordi- Causing injury., nance, who shall through negligence cause any injury to such Carriage, shall, on conviction, pay to the Owner thereof such com- pensation as the Magistrate may determine ; and, if such injury shall he caused wilfully, the offender shall, in addition, be liable to a fine not exceeding Fifty Dollars. Disputed Fares. 41. In case of any dispute between the hirer and Driver or Disputes as ta Conductor of a Carriage registered under this Ordinance, the hirer ^ares. may require the Driver to drive to the nearest Police Station, where the case shall be entered, together with the substance of the dispute, and if the dispute shall be in regard to the amount of fare to be paid by the hirer, such fare not being one that is specified in the table of fares issued under the Ordinance, the hirer shall lodge the amount demanded of him with the Ofl&ccr in charge of the Station, * " Arise " in original. 950 [V. OF 1879.] HACKNEY CARRIAGES. who shall pay the same over to the Chief Police Officer, to be by him retained until the matter in dispute shall be adjusted by a Magistrate. Provided that if any Magistrate be sitting, the hirer may require the Driver to drive to the Court of such Magistrate, who shall hear and determine the dispute in a summary way. Evidence. EVIDENCE. 42. Any Extract from the Books of Registry in the Registrar's Office, either as to the registration of a Carriage or as to the license granted to any person to act as Driver or Conductor under this Ordinance, and certified by the Registrar to be a true extract, shall be received in evidence in all Courts, and before any Magistrate, and upon all occasions whatsoever, and shall be deemed prima facie proof of the things therein registered, without requiring the production of the said Book of Registry, or of any license or other document upon which any such entry may be founded, and every person applying to the Registrar shall be furnished with a certified extract of such particulars, on payment of a fee of Twenty-five Cents for each Extract. Summons. Ex parte. Procedure. 43. When a complaint is made before a Magistrate against the Driver or Conductor of a Carriage registered under this Ordinance, for any offence committed by him against the provisions of this Ordinance, such Magistrate may forthwith summon the Owner of the Carriage personally to appear, and to produce the Driver or Conductor of such Carriage to answer the complaint. If such Owner, being duly summoned, shall without a reasonable excuse, to be allowed by the Magistrate, before whom the matter shall be brought in question, neglect or refuse personally to appear, or to produce the Driver or Conductor according to such summons, he shall be liable to a penalty not exceeding Twenty -five Dollars, and so, from time to time, as often as he shaU be so summoned, until such Driver or Conductor shall be produced by him. Provided that if such Owner shall, without a reasonable excuse, to be allowed by the Magistrate, neglect or refuse to appear and produce such Driver or Conductor, on the second or any subsequent summons requiring him so to do, it shall be lawful for the Magistrate to proceed to hear and determine the complaint in the absence of the Owner and Driver and Conductor, or any of them. Property left in Carriages. Property left. 44. All property left in any Carriage registered under this Ordinance, shall, if not claimed by the Owner, be immediately deposited by the Driver or Conductor at the nearest or a neigh- bouring Police Station. Such property shall be returned to the person who shall prove to a Magistrate or the Chief Police Officer that the same belonged to him, on payment of all expenses reason- ably incurred, and of such reasonable sum to the Driver or Con- HACKNEY CARRIAGES. [V. OP 1879.] 961 ductor as such Magistrate or Chief Police Officer shall award ; and any Driver or Conductor of a Carriage registered under this Ordi- nance, who shall neglect so to deposit all property left in any such Carriage, shall be liable on conviction to a penalty not exceeding Twenty-five DoUars. Amends. 45. In every case in which any complaint of any offence under Amends, this Ordinance shall be laid or made before any Magistrate and shall not be further prosecuted, or in which, if further prosecuted, it shall appear to the Magistrate by whom the case shall be heard that there was no suffi.cient ground for making the complaint, the Magistrate shall have power to award such amends, not exceeding Twenty DoUars, to be paid by the complainant to the person com- plained against, or to the Owner of a Carriage, or to both, for their loss of time and expenses in the matter, as to the Magistrate shall seem meet, and such amends may be recovered as a fine. Interpretation, &c. 45.* The term " Horse " shall include Mules and Ponies. Interpretation. The expression "Hiring a Carriage" shall include hiring a place for a passenger in a Carriage, unless from the context the hiring is intended to extend to the whole Carriage. 46. The powers of arrest of persons without warrant given by Powers of this Ordinance shall be exercisable only when the name and address of the offender are unknown to the Peace Officer, in whose view the offence is committed. 48. This Ordinance may be cited as " The Hackney Carriage Short Title. Ordinance, 1879." SCHEDULE (A). Rates and Fares to be paid for Hackney Carriages of the Second and Third Class, other than Omnibuses and Stage Coaches. Second Class. Thikd Class. For any distance not exceeding half a mile - 15 Cents. 10 Cents. For any distance exceeding half a mile, but not exceeding a mile - - - 20 ,, 15 ,, For every additional mile or part of a mile - 10 ,, 10 ,, If discharged at a distance from the Chief Police Office of the Settlement, exceeding 2 miles, but not exceeding 3 miles, in addition to the -amount of fare - - - - 10 ,, 10 ,, If discharged at a distance exceeding 3 miles and not exceeding 4 miles, in addition to the amount of [faref] - - - - 20 „ 20 ,, Two Children under ten years of age, to be counted as one adult person. * This section and the preceding one are both numbered " 45 " in the original Ordinance. f " Fares " in the original. 952 [VI. OF 1879.] excise amendment. For Carriages drawn by two Horses half the above fares to be charged in addition. For Carriages used between 8 p.m. and 5 a.m. half the above fares to be charged in addition. The hirer shall be entitled to detain the Carriage for half of an hour for stopping at any places, but for every hour or part of an hour during which any Carriage may be so detained beyond the first half of an hour, an ad- ditional sum of Ten Cents shall be chargeable. No Driver shall be required to drive a greater [Second Class. Third Class.] distance than 10 miles in any one day, or to remain engaged for more than eight hours at a time, and no Driver shall be entitled to claim as payment for any distance driven or for any time during which he may be detained in one day more than . - - - ^^1.50 01.2^ Any hirer shall be at liberty to engage a Car- riage for a whole day, and to require the Driver to drive any distance not exceeding 10 miles to any place or places within a radius of 4 miles from the Chief Police Office of the Settlement paying for the same - - ,^1.25 $1. SCHEDULE (B). Kates and Fares to be paid for the use of Omnibuses, for each person. Cents. For any distance not exceeding 1 mile - ... 4 9 12 2 it - 3 . 4 9t SCHEDULE (C). Eates and Fares to be paid for the use of Stage Coaches shall be exhibited inside and outside each Stage Coach, and a copy thereof shall be supplied to the Begistrar. Ordinance No. YI. op 1879. An Ordinance to amend Ordinance No. IV. of 1870. [25tli February, 1879.J A. E. H. ANSON, Administrator. Whereas it is expedient to amend the Excise Ordinance, 1870 : It is hereby enacted by the Governor of the Straits Settlements, ■with the advice and consent of the Legislative Council thereof, as follows : — EXCISE AMENDMENT. [VI. OF 1879.] 953 7. — I. For the purpose of 8^lperintsnding the arrangements for Board of the issue and cancelment of Licenses under Sections 5 and 6 of J"'™^™^ this Ordinance* there shall be a Board of Licensing Justices to be constituted as follow : — II. Three of the members of such Board shall be appointed by How the Governor of whom one shall be the Chairman ; and three shall appointed, be nominated by the Justices of the Peace at the Settlement from among their number. Such Board shall be called the " Board of Licensing Justices," and shall meet at such times and places as may be fixed from time to time by the Chairman, with refereuce to the business to be done by them. III. Three of such members, of whom the Chairman shall be one, Quorum, shall form a quorum, and all questions shall be decided by a majority of votes ; and, in the event of an equality of votes, the Chairman shall have a casting vote. IV. If the Chairman shall not be able to attend at any such Chairman meeting, it shall be lawful for the Governor to appoint a Chairman, ^^s«"*- who shall act for the occasion on which he may be appointed only. V. At any Settlement where the Governor may not be present Governor the Colonial Secretary at Singapore, and the Lieutenant Governorsf ^ ^^°*' at Penang and Malacca, respectively, may appoint the official members of the Board of Licensing' Justices and their Chairmen, and their temporary Chairmen. 8. Every application for a License under Sections 5 and 6 of Applications this Ordinance* shall be submitted, by the Excise Licensing Office, ^^ ^o Board, to the Board of Licensing Justices ; who shall take the same into their consideration, and may issue or refuse such License at their discretion. 12. This Ordinance may be cited as " The Excise Amendment Short Title. Ordinance, 1879." * Sections 5 and 6 of this Ordinance merely substituted other sections for sections 38 and 39 respectively of the original Ordinance, and appear in this edition with the original Ordinance as Sections 38 and 39 at pp. 162, 163. f By the Resident Councillors' Ordinance, 1879 (Ordinance XV. of 1879), powers vested in Lieutenant-Governors may be exercised by Resident Councillors. [VIII. or 1879.] PILOTS. SCHEDULE (S).* Permit for the removal of Opium. A. B. is authorized to move chests of (Benares) Opium marked X. Z. from the premises of 0. D. in - Street (Singapore) to the premises of E. F. in Street (Singapore) and from the custody or possession of Gr. H. to the custody or possession of I. K. (Singapore) this day of 187 . Opium Farmer. SCHEDULE (T).* To the Spirit Farmer at Take notice, that I intend to bottle spirituous liquors, that is to say, about gallons of (Rum, Brandy, &o., as the case may be), no-w- in casks lying in house No. in Street, in District (or other-vrise describing -with, reasonable precision the locality), commencing at o'clock and finishing at o'clock on If intended for exportation in -vrhole or in part, the fact shall be stated in the notice. Obdinance No. VIIL op 1879. An Ordinance to consolidate and amend tlie law relating to Pilots and Pilotage.f [21st August, 1879.] A. E. H. ANSON, Administrator. Whereas it is expedient to consolidate and amend the la-w re- lating to Pilots and Pilotage. It is hereby enacted by the Administrator of the Straits Settle- meats, -with the advice and consent of the Legislative Council thereof, as follows : — Places subject 1. The foUo-wing shall be Harbours and Channels v^ithin the to Ordinance, operation of this Ordinance, and it shall not be lawful for any person to take any ship into or out of any such Harbour or Channel, * For the reference to these schedules, see the Excise Ordinance, 1870 (Ordinance IV. of 1870), sec. 5, cl. Ill; and sec. 22a, pp. 148, 156. f Section 23 of this Ordinance is omitted as the enactments repealed by it have been omitted from this edition. Schedule A. is omitted for the reason given in the footnote to Section 9. The remaining omissions and substitutions in this Ordinance are made in pursuance of the Pilots Ordinance Amendment Ordinance, 1885 (Ordinance V. of 1885), which came into force on the 15th September 1885. Section 1 of that Ordinance, the only section not incorporated herewith, is as follows : — " This Ordinance may be cited " as 'The Pilots Ordinance Amendment Ordinance, 1885,' and shall be read as one " -with ' The Pilots Ordinance, 1879,' herein-after called ' The Principal Ordinance.' " PILOTS. [VIII. OF 1879.] 955 except as provided in tMs Ordinance ; that is to say. New Harbour Singapore and the Channel leading thereto from the Westward, and the South Channel, Penang. 2. No person shall act as a Pilot under this Ordinance until he ^'^°ts. *° ^^ shall have passed an examination and received a certificate of competency, and a license to act as Pilot, of the 1st or 2nd class, as herein-after provided. 3. It shaU be lawful for the Governor to appoint a Pilot Board l'^°l(^^''^'^ at Singapore and Penang, consisting of a President and not less than two nor more than four persons, of whom two shall form a quorum. In the absence of the President a chairman for the time being shall be chosen by a majority of the members present at the meeting. The Pilot Board shall examine for a license every applicant holding g^^ifc^es and a Master's Certificate, and, on being satisfied of the competency, licenses. and of the sobriety and good character of the applicant, may grajit to such applicant a license to act as a Pilot of the 1st class, for either or both of the aforesaid Harbours or Channels, provided that the Pilot Board shall be at liberty to grant licenses of the 2nd class to persons employed in coasting vessels, authorizing them to navigate such vessels of a limited tonnage (which tonnage shall be specified in the said license) through any Harbour or Channel to which this Ordinance may apply. 4. The number of general licensed Pilots at a Settlement shall p^J^g^'o^* not exceed such number as the Pilot Board, with the sanction of regulated, the Governor, shall from time to time direct ; and, when the number of general licensed Pilots, present at a Settlement in the execution of their duties as Pilots, is equal to the number autho- rized, it shall not be lawful for the Pilot Board at such Settlement to issue any fresh licenses to Pilots ; and, if a license shall have been issued to any person to act as a Pilot during the absence of any general licensed Pilot, such temporary license shall cease to ha,ve any effect, and shall be given up to the Pilot Board, on the return to duty of the licensed Pilot in whose absence the license was granted. Such temporary licensed Pilot shall, when a vacancy occurs, ^^™P°^^''y be qualified for a general license, without passing any fresh exami- nation ; but the character of such Pilot shall be subject to exami- nation, before a general license shall be given to him, in the same manner as the character of a candidate for examination, under Section 3 of this Ordinance, is subject to examination as to sobriety and good character, before a certificate of competency is given to him. 5. It shall be lawful for the Governor in Council by order pub- I'ee for license, lished in the Government Gazette to fix rates of fees to be paid by Pilots for Licenses under this Ordinance provided that no fee for a 1st Class license for each Harbour and Channel shall exceed ,§120 or for a 2nd Class license $5. There shall be paid to every member of the PUot Board, not ^^^. ^'"" ^^aou- being a salaried Officer of the Government, a fee of Five Dollars for every examination conducted by him. 956 [VIII. OF 1879.] PILOTS. Pilot Board may make Rules, &c. Offences by licensed Pilots. 6. The Pilot Board at either of the Settlements may, subjfect to the sanction of the Governor, make Rules and Regulations* for the proper conduct of Pilots, in all matters relating to their duties, including, among other things, matters relating to the distinguish- ing marks and flags of Pilot boats, and the means of making them- selves known as licensed Pilots to persons in charge of ships entering either of the aforesaid Harbours or Channels ; and every person infringing any of the Rules and Regulations so made after the same shall have been published in the Government Gazette, shall be liable to have his license suspended by the Pilot Board for a period not exceeding three months and on conviction before a Magistrate to a penalty not exceeding Fifty Dollars. 7. (I.) If any licensed Pilot when he is not engaged as Pilot refuses, without reasonable excuse to the satisfaction of a Magistrate, to take charge of a vessel entering or leaving a harbour ; (II.) And if any licensed Pilot when not engaged as a Pilot, refuses or neglects without reasonable excuse to the satis- faction of a Magisti-ate, to go and take charge of a vessel carrying the signal for a Pilot ; or (III.) Acts as a Pilot when in a state of intoxication, or is guilty of any violent or disorderly conduct whilst on duty ; Penalty. Offences by licensed Pilots punishable by Supreme Court. or (IV.) Refuses, on the request of the Master, to conduct the ship of which he has the charge into any port or place into which he is qualified to conduct the same, except on reasonable ground of danger to the ship ; or (V.) Quits the ship of which he has the charge without the consent of the Master, before the service for which he was hired has been performed ; he shall for each offence, in addition to any liability for damages at the suit of the person aggrieved, be liable on conviction before a Magistrate to a penalty not exceeding Five hundred dollars, or imprisonmentt rigorous or simple not exceeding six months, and he shall also be liable after any such conviction to have his license cancelled or suspended by the Pilot Board. 8. If any licensed Pilot, when in charge of any ship, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person on board such ship ; or if any licensed Pilot, by wilful breach of duty or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from loss, destruction, or serious damage, or for preserving any person be- longing to or on board of such ship from danger to life or limb ; * If or Rules and Regulations, see Government Gazette of February 27, 1880, p. 127» of Aiiril 9. 1880. n. 219 : of June 19. 188.5. D. 1049: and of .Tarmarv l.«i. IRRfi. n. as PILOTS. [VIII. OF 1879.] 957 the Pilot so offending shall be deemed guilty of an offence, for which, on conviction before the Supreme Court, he shtvU be liable to such punishment, by fine or imprisonment, rigorous or simple, or both, as the Court shall direct ; and shall also be liable to cancel- ment or suspension of certificate by the Pilot Board. 9. The sums set out in the Schedules, or such other sums as may piiota^e dues from time to time be directeii by order of the Governor in Council,* ^°^ recover- may be demanded by licensed Pilots, and shall be recoverable by ^ ®' them before a Magistrate in a summary way, by proceedings against the Master or person in charge of the ship, for the service of wliich the dues became payable, and on adjudication the sum declared to be due shall be leviable by distraint on the ship, her tackle and furniture. Provided always that it shall be lawful for the Master- Attendant, Harbour- Master or Officer of the Port at either of the Settlements to withhold the Port Clearance of any ship as to which a claim for Pilotage dues may be made till such dues are paid. 10. Every licensed Pilot tendering his services on board any Pilot to exhibit ship, shall, at the request of the Master or other person in charge JaWe^^Mues of such ship exhibit his license, and a copy of the table of Pilotage dues authorised under this Ordinance, and if he refuses to do so he shall be liable on conviction before a Magistrate to a penalty not exceeding Fifty dollars, and also be liable to cancelment or suspen- sion of license by the Pilot Board. 11. Any licensed Pilot demanding higher rates of Pilotage Pilots demand- than those authorized by this Ordinance, shall be liable on con vie- '°s higher tion before a Magistrate to a penalty not exceeding Fifty Dollars, and shall also be liable to cancelment or suspension of license by the Pilot Board. 13. Any Magistrate shall have authority to hear and determine Claims for all claims brought against any ship while in charge of a Pilot for damages to damage done by the ship to any beacon, buoy, harbour mark, ^^^^ ^™' mooring, or other public property. Such claims shall be made by the Master- Attendant or Harbour-Master, by way of complaint in writing setting out the damages, on which the Magistrate maj' issue a summons requiring the attendance of the persons complained against ; and, in default of appearance, or in the first instance, if it appears to the Magistrate necessary for any reason to secure the due attendance of the persons complained against, a warrant may be issued to compel their appearance. 14. Any person acting as a Pilot or tendering his services or Penalty for procuring any person to tender his services to act as a Pilot to any unlicensed ship entering or leaving any Harbour or Channel to which this as Pilots^*'™^ Ordinance applies, for which Harbour or Channel he does not hold a valid General Pilots License, shall be liable on conviction to a * For Order in Council fixing sums for pilotage to and from Prai River Dock, see Government Gazette of June 3, 1881, p. 473. Schedule A. is omitted as the sums specified in it were by Order in Council of the 15th September, 1885, declared to be no longer chargeable ; but, in lieu thereof, the sums specified in the Order were declared to be thenceforward chargeable. See Government Gazette of 1885, p. 1422, and of July 2, 1886, p. 1007. 958 [VIII. OF 1879.] PILOTS. Proviso. Fraudulent use of Pilot's license, &c. Penalty. Negligence or incapacity of Pilots. Summary pro- ceedings. Interpretation of word " Ship." Appeal to Governor. Bxemptions. Pilots already licensed. Interpretation. New Harbour, Singapore. South Chan- nel, Penang. Short Title. penalty not exceeding One hundred dollars, or imprisonment, either rigorous or simple, not exceeding three months. Provided that any person may, without subjecting himself or his employer to any penalty, take charge of a ship when such ship is in distress, or under circumstances making it necessary for the Master to avail himself of the best assistance which can be found at the time. 15. Any person other than the licensed Pilot to whom any license issued under this Ordinance may belong, using such license, or attempting by exhibiting such license to obtain employment for himself or for any other person, or wilfully using any distinctive mark or flag prescribed by any rule made under Section 6 of this Ordinance for Pilot Boatp, shall, on conviction, be liable to a fine not exceeding One hundred dollars, or to imprisonment, rigorous or simple, for any period not exceeding six months. 16. Nothing in this Ordinance contained shall be held to excuse or indemnify any licensed Pilot for any damage arising from his neglect or incapacity in oflSce. 17. All summary proceedings before a Magistrate under this Ordinance shall be had before a Magistrate who may, if he thinks fit, call upon two members of the Pilot Board, to sit with him as Assessors. 18. The word " Ship " as used in this Ordinance shall include, every kind of vessel over 100 tons register tonnage propelled by sail, and steam-vessels of 50 tons and upwards. 19. Any person who may be dissatisfied with any decision, order, or regulation of a Pilot Board, may appeal to the Governor, who shall have fall power to review, revise and alter such proceedings as may to him seem to be fit. 20. Nothing in this Ordinance contained shall be held to apply to Vessels-of-War or Vessels belonging to the Colonial Government. 21. Pilots who hold licenses at the coming into operation of this Ordinance may continue to act as Pilots under the Ordinance. 22. The term " New Harbour, Singapore, and the Channel leading thereto firom the Westward," shall be interpreted to include the Channel lying between a line drawn from the beacon on Buran Darat, and a line drawn due North from the centre of Pulau Bosing on the West ; and the term " South Channel, Penang," shall be interpreted to include all the Channel lying between a line drawn from Downing Street to the Northern Buoy and to the Magistrate's House at Butterworth, and a line drawn due East from the South end of Pulau Kimau. The mterpretation of the terms aforesaid or either of them may from time to time he altered by Order of the Governor in Council.* ***** 24. This Ordinance may be cited as " The Pilots' Ordinance, 1879." * For Order in Council under this section, see Government Gazette of July 2, 1886, p. 1006. HOLIDAYS. [IX. OF 1879.] 959 SCHEDULE (B). South Channel, Penang. Passing tbrongh from South - - - - - - 1.00 Ditto. North - - ... 0.75 Yessels entering from the North shall be liable only to a charge for berthing of- - - - - - - - 5.00 Mooring and unmooring Vessels when no pilotage is charged, each - 5.00 Ordinance No. IX. op 1879, An Ordinance to provide for Public and Bank Holidays. [21st August, 1879.] A. E. H. ANSON, Administrator, Whereas it is expedient that certain days in the year should be Preamble, declared Public Holidays and Bank Holidays respectively : Be it therefore enacted by the Administrator of the Straits Settlements, with the advice of the Legislative Council thereof, as foUows : — 1. The several days mentioned in Schedule (A) to this Ordinance Certain days annexed (hereinafter referred to as Public Holidays) shall in to be Public addition to Sundays be dies non, and shall be kept (except as ^°'"^*y^- hereinafter provided) as holidays in this Colony. 2. The Governor in Council may, from time to time, make Regulations, regulations excluding in whole or in part from the operation of this Ordinance any public office or any department thereof, and thereupon aU acts and things relating to such public office or department thereof may be done and performed on any Public Holiday notwithstanding the provisions of this Ordinance. 960 [IX. OF 1879.] HOLIDAYS. Bills due on 3^ After the , passing of this Ordinance, the several days men- lie HoMays to tioned in the Schedule (B) to this Ordinance annexed (and which be payable on days are in this Ordinance hereinafter referred to as Bank Holidays) the following ghall be kept as close Holidays in all Banks in this Colony, and all ^' bills of exchange and promissory notes which are due and payable on any such Bank or Public Holiday shall be payable, and in case of non-payment may be noted and protested, on the next following day, and not on such Bank or Public Holiday ; and any such noting or protest shall be as valid as if made on the day on which the bill or note was made due and payable. Provision as to 4, When the day on which any notice of dishonour of an hohour°anr' unpaid bill of exchange or promissory note should be given, or when presentation the day on which a bill of exchange or promissory note should be for honour. presented or received for acceptance, or accepted or forwarded to any referee or referees, is a Bank or Public Holiday, such notice of dishonour shall be given and such bill of exchange or promissory note shall be presented or forwarded on the day next following such Bank or Public Holiday. As to any pay- 5, JSTo person shall be compellable to make any payment or to Tr^ublk Ho°i^ do any act upon such Bank' or Public Holidays which he would not be couipellable to do or make on Sunday ; and the obligation to make such payment and do such act shall apply to the day following such Bank or Public Holiday ; and the making of such payment and doing such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday. GoTemor may 6. It shall be lawful for the Governor, by notification in the appoint special Government Gazette, and otherwise, at any time to appoint a special observed as ^^7 *° ^® observed as a Public Holiday, or as a Bank Holiday, in Public Holi- addition to or in substitution for any of the days mentioned in the ^a^ys. Schedules to this Ordinance annexed, and thereupon the provisions of this Ordinance shall be applicable to such day in the same manner as if the said day had been mentioned in Schedule (A) or Schedule (B) to this Ordinance annexed. Interpretation 7. For the purposes of this Ordinance, the day next following clause. ^ Public Holiday shall mean the next following day not being itself a Public Holiday, and the day next following a Bank Holiday shall be construed to mean the next following day not being itself a Public or a Bank Holiday. Short Title. 8. This Ordinance may be cited as " The Holidays Ordinance, 1879." POST OFFICE. [X. OF 1879.J 961 SCHEDULE (A). The 1st day of January. * Anniversary of the Settlement of Singapore - - 6th February, t Do. do. Penang - - 12th August. Good Friday and following day. The Queen's Birthday. The Queen's Coronation day. The Prince of "Wales' Birthday. Christmas day and following day. If any of these holidays fall on a Sunday the following Mo.iday shall be a Public Holiday, unless otherwise ordered. SCHEDULE (B). Chinese New Tear — two days. fHindoo Festival (Tai-pusum)-^one day. Easter Monday. Whit Monday. The first Thursday in August. Ob,dinance No. X. op 1879. An Ordinance to amend the Law relating to the Postal matters of the Colony. [1st February, 1880.J A. E. H. ANSON, Administrator. WHEREiS it is expedient to amend the law relating to the Postal Preamble matters of the Colony ; It is hereby enacted by the Administrator of the Straits Settle- ments, with the advice and consent of the Legislative Council thereof, as follows: — Establishment. 1. There shall as heretofore be one General Post Office of the Post Offioesv Colony at Singapore, a Post Office at Penang, and a Post Office at Malacca. 2. It shall be lawful for the Governor in Council to establish District Post- district Post Offices at such places as he may deem expedient, and ^®°^^- to discontinue any such Post Office. * To be observed at Singapore and Malacca only. (This footnote appears to the Ordinance as passed by the Legislative Council.) ■f To be observed at Penang only. (This footnote appears to ihe Ordinance as passed by the Legislative Council.) 3 P 962 [X. OF 1879.] POST OFFICE. Receiving boxes. Appointment of Officers. Present Officers. Declarations by Officers. Deputies. Officers exempt from serving as Jurors. 3. The Postmaster-General may, -with the approval of the Governor, provide in such places as he may deem expedient, receiving boxes for the deposit of correspondence, and shall cause the boxes to be cleared as often as public convenience may reason- ably require. 4. It shall be lawful for the Governor to appoint, from time to time, for the postal services of the Colony, such Officers under such oflBcial designation as he may deem expedient. 5. The present Postmaster-General and all other Officers of the Post Office are hereby continued in their offices, and shall have all the powers and privileges hereby conferred upon the holders of their respective offices. 6. No person hereafter appointed shall be capable of holding the office of Postmaster-General, Postmaster, Sub-Postmaster, or Post Office Agent, unless he shall have first made and subscribed before a Justice of the Peace, the declaration contained in the Schedule A hereunto annexed, and no person hereafter appointed shall be capable of being a Clerk, Officer, or Servant of the Post Office, unless he shall have first made and subscribed in like manner, the declaration contained in Schedule B hereunto annexed. 7. The Postmasters of Penang and Malacca shall be the deputies of the Postmaster-General. 8. No Officer of the Post Office shall be liable to serve on any jury or inquest, any Ordinance to the contrary thereof notwith- standing. Postmaster- General solely authorized to receive and de- liver all corres- pondence. Exclusive pri- vilege of per- forming inci- dental services. Letters ex- cepted by Acts of Imperial Parliament. Powers and Duties. 9. The Postmaster- General shall, by himself or deputies, subject to such instructions as he may receive from the Governor, have the entire charge of the Post Offices, and of all Postal matters within the Colony, with sole powers within the Colony, of receiying from all persons authorized to deliver the same all letter bags and corres- pondence arriving in tlie Colony ; and of collecting, receiving, and delivering to all persons authorized to receive the same all corres- pondence for transmission by or through the Post Offices to places within or out of the Colony 10. The Postmaster-General shall also, by himself or his deputies, have the exclusive privilege of performing all the incidental services of receiving, collecting, despatching, and delivering all correspon- dence arriving from or transmitted to any place within or out of the Colony. And no correspondence, unless exempt by law, shall be delivered in or transmitted from the Colony, or from one Settle- ment to another within the Colony, otherwise than by or through the Post Office. 11. All correspondence which by any Act of the Imperial Parlia- ment is excepted from the exclusive privilege of the Imperial Post Office, shall, within the Colony be, and the same is hereby declared to be, excepted from the exclusive privilege of the Postmaster- General of the Colony. POST OFFICE. [X. OF 1879.] 963 12. The Postmaster-General shall keep accounts of all corres- Receipt of pondenee received and despatched by him, with the particulars of postage and the postage thereof, in such manner and form as the Governor may, accounts. from time to time, direct, but so that the accounts of monies pay- able to the Imperial Postmaster-General be kept distinct from the accounts of monies payable to the Colonial Treasury. The Post- master-General shall keep the accounts of monies payable to the Imperial Postmaster-General in such form, and shall transmit such monies in such manner as the said Imperial Postmaster-General may,, from time to time, direct. 13. The Postmaster-General or his deputies may, if necessary. Opening cor- open, in presence of a witness, and shall, if possible, return to the ^^^^ sender: — 1. Any correspondence upon which the pre-payment of postage is compulsory, and which cannot be sent unpaid by any other route, and upon which the proper postetge has not been paid. 2. Any correspondence which is returned to the Post Office for want of a proper address or from inability to find the person to whom it is addressed, and which remains unclaimed for one month after being advertised in the Gazette. 14. 1. The Postmaster-General may order all correspondence Unclaimed cor- which cannot be delivered to the person addressed, or returned to ''®*P°° ^°''^* the sender, to be destroyed after it has remained unclaimed in the Post Office for one year, or may return it to the Post Office of origin. 2. All money found in any unclaimed correspondence shall be Unclaimed paid into the Colonial Treasury, and all other valuable articles ^°°abie found as above shall be sold by the Postmaster-General and the articles. proceeds of such sale shall be paid into the Colonial Treasury, after deducting the necessary expenses incurred, for the benefit of any person who may have a right thereto ; Provided that if no claim be made and allowed to such money or proceeds of sale within three years from the date of the payment into the Colonial Treasury they shall be disposed of in such manner as the Governor in Council may direct. 15. When any packet is delivered to the Post Office, and haa Postage may thereby become liable to postage, and evidence is adduced to the ^^ remitted on satisfaction of the Postmaster-General, or his deputies, that such tailing "etters" packet has been delivered to the Post Office by mistake, the if sent by mis-, Postmaster-General or his deputies may cause such packet to be *^''^- opened in the presence of an Officer of the Post Office, and may return the same without charge to the person interested, unless such packet shall contain any letter or manuscript liable to postage, in which case the Postmaster-General or his deputies shall retain the packet until he is paid the full rate of postage upon such letter or manuscript. 16. After any correspondence has been delivered to the Post Warrant for Office, no person employed by or under the Post Office shall, except °pe°.'°g <"■ «- in the cases mentioned above, open or return the same to any person, pondenee. or procure or suffer the same to be opened or returned, unless he 3 P 2 964 [X. OF 1879.] POST OFFICE. Other officer appointed by him. Paid corres- pondence to he delivered or transmitted ■without delay. is authorized hy express warrant in writing under the hand of the Governor, or other officer appointed by him. The Governor or such other officer as aforesaid may at his discre- tion grant such warrants for opening or returning any specified correspondence.* 17. All correspondence which arrives in the Colony fully paid, according to the rates in force for the time being, shall be delivered or transmitted from the Post Office without delay, and all corres- pondence which is delivered to tlie Post Office, except unpaid corres- pondence in which pre-payment is compulsory, shall be transmitted from the Post Office without delay. Postage on un- paid letters. Governor in Council may fix rates of postage. Order to he published in Gazette. Governor in Council may make regula- tions. Unpaid and effused Correspondence. 18. The person to whom any correspondence, the posi;age of which has not been paid, shall be delivered, shall not be bound to pay the postage if he forthwith return the same unopened, but if he open the same, he shall be bound to pay the postage due thereon. If he forthwith return the same unopened the sender of the correspondence shall be bound to pay the postage thereof. If any person shall refuse to pay any postage, which he is legally bound to pay, for any correspondence, it shall be lawful for the Postmaster-General, or any Officer in charge of a Post Office, tO' withhold from the person so refusing until such postage be paid, any correspondence addressed to that person not being on Her Majesty's Service, and such postage may be recovered by the Post- master-General or any Officer in charge of a Post Office by his order in the manner prescribed by law for the recovery of fines before Magistrates. Rates, Regulations, and Stamps. 19. The Governor in Council may, from time to time, by order under his hand, determine the rates of postage? to be charged upon all correspondence sent by Post from the General or other Post Offices of the Colony, or received therein from places outside the Colony, or from any of the Settlements ; and the scale of weights,, according to which such rates are to be charged, and may revoke, alter, or add to any such order, so however, that no such order be inconsistent with any instructions on the subject transmitted from the Secretary of State or the Imperial Postmaster-General. 20. Every such order shall be published in the Gazette, and when so published shall have the same effect as if inserted in this Ordinance. 21. The Governor in Council may, subject to such instructions as above, from time to time make alter and repeal in relation to correspondence sent by post such regulations for times and modes of posting and delivering, pre-payment, late fees, fines on unpaid correspondence, the franking of official correspondence, J the regis- * For Order under this section, see Government Gazette of May 21, 1880, p. 361. ■f For Rates of Postage, see Government Gazette of January 30, 1880, p. 68 ; and of May 2, 1884, p. 519. J For Order in Council, see Government Gazette of June 2, 18S2, p. 538. POST OFFICE. [X. OF 1879.] 965 tration of correspondence, money orders, parcel posts, the sale and affixing of postage stamps, the dimensions, weights and contents of packets, and other such similar regulations as may be necessary for the better execution of this Ordinance. All such regulations as Regulations to atiect the public shall be published in the Gazette, and shall have be published in no effect until so published. Gazette. 22. The Governor may, from time to time, provide proper Postase stamps, postage stamps, and proper dies, and other implements for denoting ^^^' *"• by adhesive stamps, or otherwise, the rates of postage payable under this Ordinance, or any regulation thereunder. Sailors and Soldiers. 23. All letters received or sent by Sailors and Soldiers of Her Seamen's and Majesty's Sea or Land Forces, shall be charged with such reduced p"J'^'^'^*' rates of postage as is allowed to them by any Act of the Imperial Parliament. Despatch and Receipt of Mails. 24. Every master of a -vessel shall immediately on arrival and Delivery of ■without any delay, deliver to the Post Office, or to such Officer of mails. the Post Office as may be authorized to receive the same, all letter bags and correspondence on board, except such as are exempt by law, and shall make the declaration contained in Schedule C annexed hereunto before an Officer of the Post Office. 25. The Postmaster-General shall pay to every master of a Gratuities to vessel, not being a contract vessel, a gratuity of two cents for vessels in- every letter from places beyond the Colony, and one cent for every ^^^ ^' letter brought from one Settlement to another, and for every other article of correspondence delivered by him to the Post Office. Pro- vided always that no gratuity shall be payable, — 1. — For a second transmission of any correspondence. 2. — On correspondence delivered to any Post Office to be then transmitted by contract vessel. 3. — ^On correspondence the gratuity on which is certified by the despatching officer to have been made. 4. — On official correspondence. 5. — Unless application be made for payment within six months of the delivery of such correspondence to the Post Office. 26. The Postmaster-General may, if he thinks fit, pay like Gratuities to gratuities to any master of a vessel leaving the Colony on every ^^^^^^ °"*' article of correspondence delivered to him from the Post Office, on a certificate from the Post Office of destination that such articles have been duly received from him. 27. The power of the Governor in Council as defined by Governor in Section 19 of this Ordinance, shall apply to the ra'.es of gratuities Council may to be paid to masters of vessels for the delivery of correspondence gratuhies"^ generally or in particular cases. Provided always that the gratuities 966 [X. OF 1879.] POST OFFICE. Persons pro- posing to des- patch vessels to give notice to Postmaster- General. Making up mails on board. Master may receive pre- paid corre- spondence. SO fixed shall not be less than the sums otherwise required by this Ordinance to be paid. 28. Every person proposing to despatch a vessel to any Port or place out of any Settlement shall so soon as the time for the departure of such vessel shall have been fixed, give immediate notice of such time to the Postmaster-General, or officer in charge of the Post Ofiice in such Settlement, and shall in like manner give notice to the Postmaster-General or other officer as aforesaid of any alteration in the day or hour of departure of such vessel, and the Postmaster- General or such other officer shall, on receiving such notices, notify to the public the day and hour of closing the mails, if any are to be made up by such vessel. 29. The Postmaster-General or Postmaster or any officer of the Post Office duly authorized may attend on board any vessel after the time for closing the mail by such vessel, and receive all fully pre-paid correspondence which is brought on board up to the time of departure to be transmitted by such vessel. The master of every such vessel shall give aU proper facilities to such officer of the Post Office to enable him to discharge his duties, and to leave the vessel on her departure. 30. If there be no officer of the Post Office on board such vessel the master may receive aU such correspondence pre-paid by stamps, and shall deliver the same at the Post Office at the port of his destination. Miscellaneous. Registered 31. Every person posting correspondence shall be entitled to letters. require that it shall be registered at the Eeceiving Post Office, and a receipt shall be granted by the Officer of such Post Office for such registered correspondence on payment of the authorized rate. No dangerous 32. No person shall knowingly post, send, tender, or deliver, substance to be jjj order to be sent, any correspondence containing any explosive y OS . ^^ other dangerous material or substance, or any glass, or a glass bottle, or any article likely to cause injury to the contents of the mail. 33. No Officer of the Post Office shall forward or cause to be forwarded any correspondence of the nature referred to in the foregoing section, and should any such correspondence have been received into any Post Office, the Postmaster-General or any other Officer of the Post Office where it has been received is hereby empowered to detain it, and to otherwise deal with, it in such manner as he shall deem expedient. Government 34. The Government shall not be responsible for any loss or not responsible damage which may occur in respect of any thing entrusted to the Post Office for conveyance, and no Officer of the Post Office shall be responsible for any such loss or damage unless ,that person shall knowingly cause such loss or damage, negligently, maliciously or fraudulently. Officer may de- tain letter con- taining such substance. for loss. post office. [x. of 1879.] 967 Offences and Penalties. 35. Every master of a vessel, which is not a contract vessel, who Penalties on commits any of the following offences, shall on conviction before masters of a Magistrate be liable to a penalty not exceeding five hundred ^^^^^ ^' dollars, that is to say — 1. Eefusal to take a letter bag delivered or tendered to him by an OflBeer of the Post Office for conveyance. 2. Refusal to sign a receipt for a letter bag delivered to him by an OiRcer of the Post Office. 3. Neglect without reasonable excuse to deliver all correspon- dence to the Post Office or Officer of the Post Office on his arrival in the Colony. 4. Refusal or wilful neglect to make, or making any untrue statement in the declaration hereby required of his having delivered his letter bags and correspondence to the Post Office or Officer of the Post Office. 5. Refusal or vdlful neglect, if in quarantine, to deliver all correspondence in his possession to the person appointed to receive it. 6. Eefusal or wilful neglect of the duty imposed upon him by Section 29. 36. Every person wilfully infringing the provisions of Section Breach, of 28 of this Ordinance shall be liable on conviction before a Magis- Section 28. trate to a penalty not exceeding two hundred and fifty dollars. 37. Every person infringing the provisions of Section 32 of Breach of this Ordinance shall on conviction before a Magistrate be liable to S^'=*"'" ^^■ a penalty not exceeding five hundred dollars. 38. Every person who forges, alters, or imitates, or assists in Forging forging, altering, or imitating any postage stamp issued under Stamps. this Ordinance, and Every person who uses, offers, utters, disposes of or puts off any uttering forged, altered, or imitated postage stamp as aforesaid, knowing forged Stamps, the same to be forged, altered, or imitated, and Every person who makes or counterfeits any die ' or other imple- Counterfeiting ment for denoting the rates ot postage payable under this Ordi- dies, nance, intending that the same shall be used for forging any postage stamp issued under this Ordinance, or with such intent has in his possession any such die or other implement knowing the same to be counterfeit, shall be guilty of an offence, and shall be punishable by imprisonment ol either description as defined by the Penal Code, which may extend to seven years. Every person employed by or under the Post Office who, with- Opening cor- out lawful excuse or authority opens or suffers or procures to be 'despondence, opened any correspondence, or who without lawful authority or excuse detains or delays or suffers to be detained or delayed any correspondence, or who wilfully delivers any correspondence to any person other than the person to whom the same ought to be delivered, and ■968 [X. OF 1879.] POST OFFICE. Fraudulently •obtaining cor- respondence. Eemoving jstamps, &c. Other Penalties. Allegation to be used in pro- ceedings for offences. Every person who fraudulently obtains from any person em- ployed by or under the Post Office, or fraudulently detains or wilfully secretes, keeps or detains any letter bags or any corres- pondence which ought to have been delivered to any other person, and Every person who fraudulently removes any postage stamp fi-om any correspondence, or any mark that has been made thereon at the Post Office, or knowingly uses or puts on for the purpose of fraud any postage stamp from which any such mark has been removed; shall be guilty of an offence, and shall be liable to fine not exceeding one thousand dollars or to imprisonment of either description as defined by the Penal Code, which may extend to seven years. 39. Every person violating any provision of this Ordinance, or of any rule or regulation made in pursuance thereof, shall be guilty of an offence, and, except where otherwise provided by this Ordinance, shall be liable on conviction before a Magistrate to a fine not exceeding five hundred dollars, or to imprisonment either simple or rigorous not exceeding six months. 40. In any proceedings against any person for any offence committed against this Ordinance in respect of any letter bag or correspondence, it shall be sufficient to allege such letter bag or correspondence to be the property of the Postmaster-General without mentioning his name, and in any such proceedings against any person employed by or under the Post Office, it shall be sufiicient to allege that such person was employed by order of the Post Office without stating further the nature or particulars of his employment. Postmaster- General. Correspon- dence. Inteepeetation. 41. In this Ordinance and in any Order of Council or regula- tions made thereunder, unless the context indicate the contrary, the following expressions shall have the meanings set against them respectively ; that is to say : — " Postmaster-General " shall mean the Postmaster-General of the Colony. " Correspondence " shall mean any letter, newspaper, book, pamphlet, document, parcel or package, or other article whatsoever transmitted by post, whether in a, closed mail or having been placed loose on board any contract or other vessel for transmission ; and a letter or other article shall be deemed to [be] correspondence from the time of its arrival within the limit of the Colony if brought to the Colony by post or from the time of its delivery to the Post Office if not so brought, and in either case shall continue to be deemed correspondence to the time of its delivery from the Post Office, and delivery to or by any person authorized to receive or deliver letter bags or correspondence on behalf of the Postmaster-General shall be a delivery to or from the Post Office. POST OFFICE. [X. OF 1879.] 969 " Postage Stamp " shall mean any label or stamp for denoting I'ostage any rate o£ postage. ^'^'"P- " Letter Bag " shall mean any bag, box, or packet or parcel or Letter Bag. other envelope or covering used for conveying correspondence whether it does or does not contain correspondence. " Post Office " shall mean any house, building, room, or place Post Office, vrhere correspondence is received, delivered, sorted, made up, or despatched by authority of Government. " Officer of the Post Office " shall mean the Postmaster-General, Officer of the and every Postmaster, Assistant Postmaster, Agent, Officer, Clerk, °^' °®" Letter-bearer, and any other person employed in any business of the Post Office whether employed by the Postmaster-General or by ' any person under him or on behalf of the Post Office. " Person " shall include any firm, company, or association, or Person, body of persons "whether incorporated or not. " Contract Vessel " shall mean any vessel for the conveyance of Contract letter ba^s and correspondence under contract. ^^^^ ' "Master of Vessel" shall mean any person in charge of a vessel, Master of excepting a Pilot. '^^''^'■ " Vessel " shall mean any ship or other vessel not being a con- Vessel, tract vessel. 42. The Indian Act 14 of 1866 shall cease to have efiect in the l°d!an Act u /^ 1 ,T_ . . , ,. r ±-L.- /-\ J- of 1866 to cease Colony on the coming into operation ot this Ordinance. to jj^^g effect. 43. This Ordinance may be cited as "The Post Office Ordi- Short Title, nance, 1879," and shall come into operation at such time as the Governor in Council may direct. 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 correspondence wliich. shall come into my hand, power or custody by reason of my employment by or under the Post Office, except by the consent of the person to whom such ■correspondence shall be directed, or by an express warrant for that purpose under the hand of the Governor of the Straits Settlements, or Officer ap- pointed 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 Post Office of the said Settlements. Declared before me, at > this day of 18 : Justice of the Peace. SCHEDULE B. I do solemnly and sincerely declare that I will not, •willingly or knowingly, open, detain, return, delay, or misdeliver, or cause 970 [XII. OF 1879.] APPEALS. or suffer to be opened, detained, returned, delayed, or misdelivered any- correspondence which shall come into my hands, power, or custody, by reason of my employment by or under the Post Office. Declared before me, at , this day of 18 . Justice of the Peace. SCHEDULE C. I do solemnly declare that I have, to the best of my knowledge and belief, caused to be delivered to the Post Office, or to some Officer of the Post Office appointed to receive the same at Singapore, (Penang and Malacca,) every letter bag and all correspondence that were on board the vessel under my command, except Declared before me, at , this day of 18 . A. B., Commander of the Orbinance No. XII. or 1879. An Ordinance for regulating the Procedure of Courts of Appeal. [4itli September, 1879.] A. E. H. ANSON,, Administrator. Whereas by the Courts Ordinance, 1878, Courts of Appeal are constituted, and it is expedient to make provision by law for the _ , TTT J Procedure of such Courts : Ord. III. of 1878. It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — PART I. Civil Appeals from the Supreme Court. CHAPTER I. General right 1. Any party to any suit or proceeding tried or heard before of appeal. the Supreme Court in its Civil Jurisdiction dissatisfied with any judgment or order of the Court, whether interlocutory or final, may appeal therefrom to the Court of Appeal on either of the following grounds : — /sf. — Of material evidence having been i/mproperly received or rejected. ■2nd, — Of wrong determination in point of law. 3rd. — And, with the consent of the Judge, on the ground that such judgment or order is against the weight of evidence. APPEALS. [XII. OF 1879,] 971 2. The party appealing shall, wiihm six weeks from the date ^"•^^ *° ^^ of such judgment or order being signed, entered, or otherwise ^zistof"^ perfected, enter the case on the List of Appeals for hearing, and Appeals, shall serve a notice of hearing on the other party or parties. 2a. On the application of any party to any suit or proceeding Court or within the six weelcs above-mentioned, the Court or Judge shall ^"rm/ grounds certify in writing the grounds upon which any judgment or of judgment, order, whether interlocutory or final, has been given or made. Judgment in Civil Appeals. 3. The Court o£ Appeal, after hearing the parties or their Coarttogive OoTinsel, shall give Judgment in Appeal, either dismissing the Judgment. Appeal, or altering the Judgment, Decree, or Order of the Supreme Court, for which purpose the Court of Appeal, if it sees fit, and if the circumstances admit, may give in appeal the Judgment which the Supreme Court ought to have given, or may- order a new trial or a re-hearing, with such directions as to evidence and questions of law and of fact, as the Court of Appeal may deem proper, 4. No Judgment, Decree or Order of the Supreme Court shall Judgment not be altered or otherwise affected, and no new trial or re-hearing ^®'^^"^^''^^™' shall be granted by the Court of Appeal for, or by reason of, any defect of form or otherwise, nor for, or by reason of, any matter of pleading, unless the Court of Appeal shall be of opinion that such defect or matter of pleading was of such a character as to require the Judgment, Decree or Order to be altered or otherwise affected, or that there should be a new trial or a re-hearing for the purpose of securing substantial justice to the parties. 5. The improper admission or rejection of evidence shall not be Improper ad- ground of itself for a new trial or a re-hearing, or for altering or ™'^^';^' *=•'■' aflFecting any such Judgment, Decree or Order, if it shall appear to the Court of Appeal, that independently of the evidence objected to and admitted, there was sufficient evidence to justify the deci- sion, or that if the rejected evidence had been received, it ought not to have varied the decision. 6. The Court of Appeal shall have full power at any stage of an Court may appeal to amend any matters of form and matters of pleading, and may at any stage send back any appeal to the Supreme Court for amendment. 7. Whenever Judgment is given by the Court of Appeal in To certify Civil cases, it shall certify its decision to the Court below, which '^<^<''^'°°- Court shall thereupon make such orders as are conformable to the decision of the Court of Appeal. Genebal. 8. The List of Appeals for hearing shall be taken at such times Appeals when as may be directed by special Order, or by any General Rules and ^®*'^* Orders of the Supreme Court. 972 [XII. OF 1879.] APPEALS. Praetioo. Supreme Court may re- view proceed- ings. 9. At the hearing, the party appealing, or his Counsel, shall commence and shall have the right o£ reply, but it shall be lawful for the Court of Appeal, at any time before Judgment in appeal is given, to call for further argument, either on the whole case or on any part of the same; and the party so called on for further argument, or his Counsel, shall commence and shall have the right of reply. Court of Requests. 10. There shall be no appeal from the decision of a Court of Requests ; but the Supreme Court may, on the application of either party to a cause, call for any proceeding before a Court of Requests, and may give such orders thereon, either by directing a re-hearing, or otherwise, as may seem to be necessary to secure substantial justice between the parties. Judges may reserve points of law. To state case. Notice of hear- ing. Proceedings at hearing. PART II. CHAPTER II.* Criminal Appeals from the Supreme Court. 11. I. — The Judge of the Supreme Court, before whom any per- son may be tried and convicted in' the Criminal Jurisdiction of the Court may, if he thinks proper, reserve any question or ques- tions of law, which shall have arisen on the trial, for the con- sideration of the Court of Appeal, and thereupon may postpone sentence, or may respite execution of the sentence, until such question or questions shall have been considered and decided as he may think fit ; and, in either case the Court, in its discretion, shall commit the person on his trial to prison, or shall take a recognizance of bail with or without sureties, and in such sum as the Court shall think fit, conditioned to appear at such time [orj] times as the Court shall direct to receive Judgment, or to render himself in execution, as the case may be. 12. The Judge so reserving any question or questions shall state in a case to be signed by him, the question or questions of law which shall have been reserved, with the special circumstances upon which the same shall have arisen. 13. Notice of the day of hearing by the Court of Appeal shall be served by the Registrar on the Law Officer of the Crown, and on the prosecutor, and on the person convicted. 14. The Court of Appeal, after reading the case and hearing the Law Officer of the Crown or Counsel for the prosecution, and the person accused or convicted, or his Counsel, if all or any of them appear, shall have authority to direct the Court below as to any question or questions raised by the proceedings, and may reverse. * This chapter numbered Chapter III in original Ordinance. f " Or" is here substituted for the word " to " which ia in the original Ordinance. APPEALS. [XII. OF 1879.] 973 alter, amend, or affirm the Judgment ; and if the Judgment is reversed may direct that the person convicted be tried again before the Supreme or any other Court having Jurisdiction on the same charge, or on any other charge for which he is liable to be tried, if the Court of Appeal think that the person ought by law to be tried again. The Court of Appeal shall certify its decision to the Court below, which Court shall make such Orders as are conformable to the decision of the Court of Appeal. 15. The Court of Appeal may send back to th6 Supreme Court Case may be for amendment any case stated under this Chapter ; thereupon the "*"* '"*''''• case shall be amended and Judgment shall be delivered by the Court of Appeal on the case as amended. cases CHAPTER III.* Appeai. from Magisteates. Questions of Law Reseeved. 16. — I. Any Magistrate or Court of two Magistrates acting in Special summary Jurisdiction may, if he or they think fit, reserve for the o° points of consideration of the Supreme Court any questions of law arising '^^' in the proceedings, whenever any person shall have been convicted or sentenced to any penalty or punishment, setting out shortly the facts on which the law is to be applied, and the questions of law to be determined thereon. II. Every question of law so reserved shall be submitted to the Form, said Court in the shape of a special case, in the form set out in Schedule A. III. Every such special case shall be drawn up by the Magistrate what to Con- or Court of two Magistrates before whom the proceedings are ta™. held, and shall set out shortly the facts which are considered by the Magistrate or Court of two Magistrates to be proved, and shall state the question or questions of law which shall have been reserved for the opinion of the Court. IV. Every such special case shall be sent by the Magistrate or To be sent to Court of two Magistrates to the Registrar of the Supreme Court, the Registrar, and shall be set down for argument in such manner as the Court may direct. 17. The Court shall hear and determine the question or questions Judgment of of law arising on such special case, and shall thereupon affirm, *^® ^°"'^*- amend or reverse the determination in respect of which the special case has been stated, or remit the matter to the Magistrate or Court of two Magistrates with the opinion of the Court thereon, or may make such order in relation to the matter, and' may make * .This chapter numbered Chapter IV. in original Ordinance. 974 [XII. OF 1879.] APPEALS. Application to state a case. Eorm. iMvolous application Costs. such order as to costs, as to the Court may seem fit ; and all such Proviso. orders shall be final and conclusive on all parties : Provided always, that no Magistrate or Court of two Magistrates who shall state and deliver a special case in pursuance of this Ordinance, shall be liable to any costs in respect thereto. Case to be stated on appeal. 18. — I. If either party to any proceeding before a Magistrate or a Court of two Magistrates in summary jurisdiction be dissatisfied with the determination of the Magistrate or Court of two Magis- trates, he may within twenty-one days from the date of the conviction, judgment, or order given in such proceedings, apply in writing to such Magistrate or Court of two Magistrates, or in his or their absence or inability to attend at the Police Court, to the then Sitting Magisti'ate at the same Court, to state and sign a case setting forth a copy of the conviction, judgment, or order, with a copy of all evidence taken therein. II. Every such case shall be in the form set out in Schedule B. III. If the Magistrate or Court of two Magistrates be of opinion that the application is merely frivolous, but not otherwise, he or they may refuse to state a case, but shall, at the request of the applicant sign and deliver to him a certificate of such refusal, with a copy of the conviction, judgment, or order, and a copy of all evidence taken therein on payment of the sum of ten cents for every folio of one hundred words contained therein. 19. — I. Where the Magistrate or Court of two Magistrates shall refuse to state a case as aforesaid, the person requiring the same, order to state a hereinafter called the Appellant, may apply to the Supreme Court upon an afiidavit of the facts, and setting out a copy of the cer- tificate, conviction, judgment, order and evidence, and stating the grounds on which the application is made for a rule calling upon such Magistrate or Court of two Magistrates, and also upon the other party hereinafter called the Respondent, to show cause why such case should not be stated. Order of Court. 20. The Court may make the Rule absolute or discharge it, with or without costs, to be paid to or by such Magistrate or Court of two Magistrates as the circumstances shall require ; and the Magistrate or Court of two Magistrates upon being served with such Rule absolute, shall state a case accordingly upon the Appel- lant giving such security, if required by the Magistrate or Court of two Magistrates, as is provided under Section 37 of this Ordinance. 21. The appellant shall, within six days after receiving such case, transmit the same to the Registrar of the Supreme Court, and Supreme Court, shall give notice in writing of his appeal, with a copy of the case Notice. so stated to the Respondent, by serving the same on his solicitor or on himself personally, or by leaving it at his last known place of abode. Application to Court for Case to be sent to Regis- trar of Security for costs and to 22. No such proceedings in appeal shall be allowed till the appellant shall have paid a sum suffi,cient to cover the costs of APPEALS. [XII. OF 1879.] 975 preparing the case, not exceeding the sum of ten cents per foUo of abide judg- 400 words contained in the said case, nor until he shall have given '"™'" such security, if reqwi/red thereto, for the costs of the Appeal as to the Magistrate or Court of two Magistrates may seem fit. 23. The Supreme Court may, on the, application of any person Discretion of desirous o£ appealing, who may be debarred from so doing upon Court to per- the ground of his -not having observed some formality or some ™!* appeal, requirement of this Ordinance, permit an appeal upon such terms and with such directions to the Magistrate or Court of two Magistrates, and the parties as the Court shall consider desirable, in order that substantial justice may be done in the matter. 24. On the transmission of the case, the appeal shall be entered Cases to be on a list of cases for argument in the Supreme Court, and shall be argument, disposed of with the other business before the Court, subject to such rules as to time and order of hearing as may, from time to time, be made by the Court. 25. The Court shall give judgment in the said appeal after Judgment of hearing the parties or their Counsel if in* attendance on the day of ^°"^^- hearing, and may affirm, alter, or reverse the adjudication of the Magistrate or Court of two Magistrates as justice may seem to require.^ Provided always, that if it shall appear to be necessary for the Further due determination of the appeal, the Court may order the witnesses ®°l""^y- examined, or offered, or named for examination in the Court below, in the cause on either side, to be further examined, and may remit the case to the Magistrate or Court of two Magistrates for amend- ment and for further evidence, either for Appellant or Kespondent ; and after such amendment is made or further evidence supplied, judgment shall be given by the Court. General. 26. The Eegistrar shall, immediately on the determination of Hegistrarto any appeal under this Chapter, certify under his hand and the seal gistrate judg-' of the Supreme Court, the Judgment of the Court in such appeal; ment in appeal, whereupon the Magistrate or Court of two Magistrates shall forth- with put into execution the said Judgment. 27. After the decision of the Supreme Court on any case or Authority to special case stated under this Ordinance so certified as aforesaid, enforce judg- the Magistrate or Court of two Magistrates in relation to whose ™^° determination the case has been stated, or any other Magistrate or Court of two Magistrates exercising the same jurisdiction, shall have the same authority to enforce any conviction, judgment, or order which may have been affirmed, altered, or made by the said Court, as the Magistrate or Court of two Magistrates who originally decided the matter would have had to enforce his or their deter- mination if the same had not been appealed against. » " The " in the original Ordinance here omitted. 976 [XII. OF 1879.] APPEALS. What ques- tions may be referred. Costs. Fines re- mitted how recovered by Magistrate. Certiorari abolished. Procedure to be under this Ordinance. 28. Any question relating to the law of practice, pleading, and procedure, arising at, before, or after any Criminal trial, may be referred to and determined by the Court of Appeal or by the Supreme Court, in the manner and subject to the Rules prescribed in this Ordinance. 29. The Court may, on the decision of any appeal, direct that the costs of the appeal shall be payable by either party thereto. 30. If the Court on appeal direct any fine to be remitted in whole or in part, it shall be lawful for the Magistrate or Court of two Magistrates to repay the whole or the part remitted out of any monies under his or their control belonging to the Government, or to the Municipal Commissioners, or other authority or person to whom such fine when levied would by law be payable by such Magistrate or Court of two Magistrates. 31. No proceedings before a Court of two Magistrates or before a Magistrate acting in Summary Jurisdiction shall be removed into the Supreme Court or Court of Appeal for revision by certiorari, or otherwise than is herein provided, whether such proceedings shall have been within the jurisdiction of a Magistrate or Court of two Magistrates or not. CHAPTER IV: Defects to be amended. Amendments to be returned. Court to pro . ceed. Convictions, &c., not to be set aside for defect of form, &1.'. Judgment in Criminal Appeals. 32. — I. If, at any time before final Judgment in appeal, any defect whether of form or otherwise appear on the face of the proceedings of the Court below, or if the Court otherwise consider the proceeding requires amendment, the Court of Appeal or Supreme Court shall, as soon as the defect is brought to notice, send back the proceedings to the Court below for amendment, which Court shall correct any defects and any errors of form in the same, and shall otherwise amend the same as far as can be done consistently with the facts of the case. II. Such correction or amendment may be made by the Court below on the proceedings and the same shall be returned to the Court of Appeal or Supreme Court. III. The Court of Appeal or Supreme Court shall then proceed with the matter as if the proceeding had originally been sent up in its amended form. 33. — I. No Conviction, Judgment or Order of a Criminal Court shall be reversed or altered on accoimt of any error or defect in the charge or proceedings on, before or after trial, or on account of the improper admission or rejection of any evidence, or by any mis- direction in any charge to a Jury, unless such error or defect, or admission or rejection of evidence or misdirection, has occasioned a failure of justice. * This chapter numbered V. in original Ordinance. APPEALS. [XII. OP 1879.] 977 II. No irregularity in the proceedings up to trial is a sufBcient Irregularities ground for reversing any judgment in a trial properly held. before trial. 34. — I. If the Court of Appeal or Supreme Court considers that Excessive the accused person has been sentenced to a larger amount of P^^'^'i™'^"'- punishment than could legally have been awarded for the offence proved, it may reduce the punishment to the proper limits, or may send the case back to the Court below to have the punishment reduced. II. If it considers that the accused person has been convicted on Wrong charge. a charge on which, in its opinion, he ought not to have been convicted, it shall annul the proceedings and direct the accused person to be tried again on a proper charge. III. If it considers that the accused person has been convicted Conviction by an inferior Court of an oifence not triable by such inferior court.^"^""^ Court, it shall annul the trial and order a new trial before a com- petent Court. IV. If it consider that the Court below has improperly admitted Instructions as or rejected evidence, it shall send back the case with instructions *° evidence. as to the same, and shall direct the Court below to continue the hearing of the charge or to commence a fresh charge as the case may require, except a.s provided by section 33. \. If it considers that the sentence passed on the accused person Illegal sen- is one which cannot legally be passed for the offence of which the *ence. accused person has been convicted or might have been legally con- victed upon the facts of the case, it shall annul such sentence and shall send back the case to the Court below to pass a sentence in accordance with law. VI. If it considers that the charge has been inconveniently Wrong charge, framed, and that the facts of the case show that the person ought to have been convicted of an offence other than that of which he was convicted, it shall direct sentence to be entered up for the offence of which he ought to have been convicted, or shall send back the proceedings with directions to that effect. VII. If it considers that any person accused or convicted of Misleading an offence was in fact misled in his defence by an error in the ^"°^' charge, it shall direct a new trial to be had upon a charge amended in whatever manner it thinks proper. VIII. If it considers that the facts of the case are such, tha.t '^^^'^ °o ^al'* no valid charge could be preferred against the person accused " *^®®' in respect of the facts proved, it shall order the accused person to be discharged, and if convicted, shall quash the conviction. Illustration. A is convicted of an offence under Section 188 of the Penal Code, upon a Ord. IV. of charge which omits to state that A knew that he was directed to abstain 1871. from a certain act by an order promulgated by a public servant lawfully empowered to promulgate such order. If the Court of Appeal or Supreme Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge, but if it appears 3 Q 978 [SII. OP 1879.] APPEALS. probable from the proceedings that A had no such knowledge, it shall quash the conviction. Decision to be 35. Whenever Judgment is given by the Court of Appeal or certified. Supreme Court in Criminal cases, it shall certify its decision or order to the Court below ; which Court shall thereupon make such orders as are conformable to the decision of the Court of Appeal or Supreme Court, and, if necessary, the record shall be amended in accordance therewith. Chapter appli- 36. The several provisions of this chapter shall be applicable to cable to all all Criminal appeals. Criminal appeals. CHAPTER v.* Security of $100 on ap- peal from Supreme Court. Proviso. Courts may stay execution appeal. General. 37. Any 'party appealing under Sections 2 and 3 shall, on entering the case on the List of Appeals, lodge in the Supreme Court the sum of one hundred dollars as security for the costs of the appeal : Provided that the Court of Appeal or Supreme Court may, in amy case where it shall think fit, order further security for costs to he given. No appeal shall operate as a stay of execution ; hut the Courts helow, and the Court of Appeal or Supreme Court may stay execution on any judgm^ent, order, conviction, or sentence, pending appeal, on such terms as to security for the payment of any money, or the performance or non-performance of any act, or the suffering of any purdshment ordered by or in such judg- ment, order, conviction, or sentence as to the Court may seem reasonable. Magistrates' 38. Questions of law reserved, and cases stated in appeal under appeals may be Chapter IV [Illf] may be heard before the Court of Appeal, if heard before ^^^ Judge before whom the case is brought in the first instance Appeal. shall, on the application of either party, and either before or after judgment, so direct. Power of 39. Nothing in this Ordinance contained shall prevent the Judges to make Judges of the Suprenie Court from making, from time to time, such rules, Sec., Rules and Orders for regulating the practice and procedure in Ord. liLof cases of appeal as is provided by the Courts Ordinance, 1878, and 1878. such power shall be preserved to the said Judges as fully and effectually as if this Ordinance had not been passed, and notwith- standing that such Rules and Orders may be contrary to or inconsistent with the provisions of this Ordinance. * This chapter numbered VI in original Ordinance. t See footnote p. 973. APPEALS. [XII. OF 1879.] 979 PART III. CHAPTER VI.* Privy Council Appeals. 41. I. Every person aggrieved by any judgment, rule, or order Appeal on of the Supreme Court, whether preliminary, interlocutory, or final, conditions, may appeal to Her Majesty in her Privy Council, subject to the following conditions and limitations. II. No such appeal shall be permitted except from a judgment. Only from rule, or order, which shall have been adjudicated upon before the ^"^^ Court. Court of Appeal. III. Nor unless the sum or value in dispute, or in relation to And in cases which the proceeding is brought, shall amount to at least fifteen °^ ^^'^^^ °^ hundred dollars. ^^'^°°- IV. Nor unless the petition for leave to appeal shall have Must be within been lodged in the Court of Appeal, not later than sis months six months, from the day on which the decision appealed against was given, nnless the Court, on due cause shewn, shall allow further time, not exceeding 12 months in the whole. 42. I. Every application for leave to appeal to the Queen Application to in Her Privy Council shall be by way of petition addressed to ^"'^ Court, the Court of Appeal in the Colony, setting out the cause or matter in which the decision appealed against was given, the adjudication of the Court below and of the Court of Appeal, and the grounds of appeal. II. If the party appealing shall have been adjudged by any Security on judgment, decree, rule or order, to pay any sum of money, or ^PP^al by to perform any duty, the said Court shall direct that the judg- *^''°° ment, decree, rule or order appealed against shall be carried into execution, if the party respondent shall give security for the immediate performance of any judgment, rule or order, which may be pronounced or made in the matter by Her Majesty in Her Privy Council, and until such security shall be given, the execution of any judgment, rule or order appealed against shall be stayed. III. Provided always, that if the party appellant shall establish Security by to the satisfaction of the Court that real and substantial justice ^^^ *"*' requires that, pending such appeal, execution should be stayed, it shall be lawful for the said Court to order the execution of such judgment or order to be stayed, pending such appeal, if the party appellant shall give security for the immediate performance of any judgment or order which may be pronounced or made by Her Majesty in Her Privy Council in such appeal. 43. I. In all cases security shaU be given by the party Security for appellant for the due prosecution of the appeal and for the pay- ""^'^ ^^ This chapter numbered VII in original Ordinance. 3 Q 2 980 [XII. OF 1879.] APPEALS. To be deter- mined by Court. Amount of security for costs. Appeal as to costs. Prerogative preserved. Court to cer- tify copies to Privy Council. Court to carry into effect orders. May apply to Divisional Court; wlien. ment of all such costs as may be awarded by Her Majesty in Her Privy Council to the party respohdent. II. The nature, amount and sufficiency of the securities shall be determined in all cases by the said Court, due allowance being made in the case of immovea.ble property, the occupation of which is not changed or affected by the judgment, rule or order appealed against. III. The security for payment of costs in appeal shall in no case exceed in amount two thousand dollars, and may be by way of bond with sufficient sureties, or by way of mortgage on im- moveable property situated in the Colony, or by deposit of cash, or by deposit of such securities as subject to the control of the said Court, the parties may agree upon. IV. Any person aggrieved by any order made by the said Court as to any security required under this Chapter, may, by petition to Her Majesty in Her Privy Council, apply for redress in the premises. 44. Nothing herein contained is intended to take away, abridge,, or otherwise affect, the undoubted right and authority of Her Majesty, to admit or receive any appeal from any proceedings in the Courts of the Colony. 45. In all cases of appeal allowed by the said Court, and in all cases in which Her Majesty in Her Privy Council shall so require, the said Court shall, on the application of the party appellant, or in such manner as may be dii-ected by Her Majesty in Her Privy Council, certify and transmit to Her Majesty in Her Privy Council true copies of all proceedings, pleadings, evidence, judgments, rules, and orders, had or made in the matter to be certified under the seal of the said Court. 46. The said Court shall, in all cases of appeal to Her Majesty, conform to execute and carry into immediate effect, such judgments and orders as Her Majesty in Her Privy Council shall make there- upon ; and for this purpose shall have the same power and authority as in original judgments, rules and orders made in the Supreme Court. 47. Petitions for leave to appeal shall be addressed to the Court of Appeal, but if the Court of Appeal is not sitting when the petition would in the ordinary course come on for hearing, the Supreme Court, consisting of two Judges, may receive the petition, and may make such orders thereon as the Court of Appeal might make. Provided always, that in the event of any petition of appeal being rejected by the Supreme Court formed as above, the petition may be brought before the Court of Appeal at its next sitting. Short Title. 49. This Ordinance may be cited as " The Appeals Ordinance 1879." COMMON GAMING-HOUSES. [XIII. OF 1879.-| 981 SCHEDULE (A). Special case stated under Ordinance of 1879. In the Supreme Court of the Straits Settlements. Division of In the matter of versus It has been proved that (here state facts shortly). On these facts the opinion of the Supreme Court is requested, as to whether SCHEDULE (B). Case stated under Ordinance of 1879. In the Supreme Court of the Straits Settlements. Division of Magistrate's Appeal. In the matter of versus Ordinance No. XIII. op 1879. An Ordinance to repeal and re-enact, with amendments, Ordinance No. IX. of 1876.* [11th September, 1879.] A. E. H. ANSON, Administrator. Whereas it is expedient that the law should be made more efficient for the suppression of common gaming-houses and of lotteries of a public nature, or to which the public has or may have access ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. Every place kept or used for the business of a lottery, or Lotteries pub- for public gambling, is hereby declared to be a common gaming- Ji? nuisances * . ■ . XlK6 SSiTQlUS'- house within this Ordinance, and a common nuisance contrary to houses. law. 2. Whoever commits any of the following offences, that is to 1. — Whoever, being the owner or occupier thereof, keeps or uses Keeping. a place for the purpose of carrying on the business of a common gaming-house ; 2. — Whoever permits a place, of which he is owner or occupier. Permitting to to be kept or used by another person for any such l>e kept. purpose as aforesaid ; 3. — ^Whoever has the care or management of, or in any manner Managing. assists in the business of, a place kept or used for any such purpose as aforesaid ; * " The Gaming Houses Ordinance, 1876." 982 [XIII. OF 1879.] COMMON GAMING-HOUSES. Receiving deposits, or selling tickets. Declaring winner, and Advertising gaming-houses, are offences. Advancing money for conducting. Playing in a gaming-house. Buying a ticket. Summary procedure. The money paid recover, able. 4. — Whoever, being the owner or occupier of a place kept or used for any such purpose as aforesaid, or acting on behalf of the owner or occupier thereof, or having the care or management of, or in any manner assisting in the business thereof, receives, directly or indirectly, any money, secu- rity, or chattel for or in respect of any event or con- tingency connected with any game or lottery, or sells, or offers for sale, or gives or delivers any paper, writing, figure, symbol, or other thing of any kind, which either expressly or tacitly entitles or purports to entitle the recipient or bearer, or other person, to receive any money, security, or chattel, on any such event or con- tingency as aforesaid ; 5. — Whoever declares, draws, or exhibits, expressly or otherwise, the winner or winning number, ticket, lot, figure, design, symbol, or other result of any game or lottery ; 6. — And whoever announces or publishes, or causes to be announced or published, either orally or by means of any print, writing, design, sign, or otherwise, that any place is opened, kept, or used for any such purpose as aforesaid, with intent to induce any person to commit a breach of the 4th or 5th section of this Ordinance, or in any other manner invites or solicits any person to commit a breach of either of the said sections, shall be punishable with a fine not exceeding Three Thousand DoUars, or with imprisonment with or without hard labour not exceeding twelve months. 3. Whoever advances or furnishes money for the purpose of establishing or conducting the business of a common gaming- house, shall be punishable with a fine not exceeding Three Thousand Dollars, or with imprisonment with or without hard labour not exceeding twelve months. 4. Whoever not being a person liable under section 2 of this Ordinance, is found in a common gaming-house, shall be punishable with a fine not exceeding Fifty Dollars, or with imprisonment with or without hard labour not exceeding one month. 5. Whoever, either personally or by an agent, pays or deposits any money, security, or chattel to or with any person concerned in the business of a common gaming-house, as a stake, or for or in respect of any such e-vent or contingency as aforesaid, or buys any such paper, writing, figure, symbol, or thing as aforesaid, shall be punishable with a fine not exceeding Fifty Dollars, or with imprisonment with or without hard labour not exceeding one month. 6. AH offences under the 2nd, 3rd, 4th and 5th sections of this Ordinance shall be prosecuted summarily before a Magistrate. 7. Any money or valuable thing paid or deposited for or in respect of any such event or contingency as aforesaid, shall be COMMON GAMING-HOUSES. [XIII. OF 1879.] 983 recoverable as money lawfuUy received to or for the use of the person from whom the same was received. 8. A Justice of the Peace, on being satisfied, upon written Search War- information on oath, and after any further inquiry which lie may ''^°* against think necessary, that there is good reason to believe that any place is kept or used as a common gaming-house, may, by warrant, authorize any Police Officer, with such assistance and by such force as may be necessary, by night or by day, to enter or go to such place, and to search the same, and all persons found therein, and to seize all instruments and appliances of gaming or lottery, and all money, securities for money, and articles of value reasonably supposed to have been used or intended to be used for any game or lottery, which may be foimd in such place or on any such persons, and also to detain all such persons until they and the said place shall have been searched. If any of the things or circum- stances which are made by sections 12 and 13 presumptive evidence of guilt shall be found or met in such place, or shall be found on any person therein, every person found therein shall be taken before a Police Magistrate, to be dealt with according to law. 9. A Justice of the Peace, upon being satisfied, upon infer- Search War- mation on oath, and after any further inquiry which he may think "^^"^ agamst J. «/ v Persons. necessary, that there is good reason to believe that any figure, paper, writing, symbol, or other thing of any kind used in or connected with the business of a lottery, is likely to be found on any person, may, by warrant under his hand, order any Police Officer to arrest such person and to take him forthwith before any Justice of the Peace, who shall thereupon cause such per.son to be searched in his presence. If any of the things above- ^ mentioned or referred to shall be found upon his person, he shall be taken before a Magistrate of Police, to be dealt with according to law. 10. A Justice of the Peace may himself do what he may, under .Tustioe of the the 8th and 9th sections, authorize an Officer of Police to do, when- ^^aoe may ,,.. . iij.' ii 1 nimseli enter ever such Justice is competent to issue a warrant under such and search. sections respectively ; and also in any of the following cases, that is to say, whenever the place was declared under the 14th section, within the preceding six months, to have been kept or used as a common gaming-house; whenever he has personal knowledge of such facts and [circumstances*] as satisfy him that there are sufficient grounds for a search under the said sections respectively ; and whenever he receives the required information orally, and either on oath or not on oath, under such circumstances that the object of a search would manifestly be defeated by the delay necessary for reducing the information to writing : provided, how- ever, that in this last case the name and address of the person giving such information is known to or ascertained by such Justice before he acts upon such information. Whoever, in giving such oral information, makes a statement ^^^ ™for- which he knows or believes to be false, or does not believe to be ^^^°'^- * " Circumstance " in original. [XIII. OF 1879.] COMMON GAMING-HOUSES. PreRumptive proof against house and occupier. Presumptive proof against house occu- pier and owner. Notice to owner. Chief Police Officer to give notice to owner. How served. Municipal books. Sub-tenant to inform lessor. Penalty. true, shall be punisha.ble with imprisonment with or without hard labour for a term not exceeding twelve months. 11. Whenever any cards, dice, balls, counters, cloths, mats, tables, boards or other instrument or appliance whatsoever of gaming or lottery is found in any place lawfully entered under this Ordinance or upon any person found therein, or persons are seen or heard to escape therefrom on the approach or entry of a Justice of the Peace or a Police Officer, or any person having authority under this Ordinance to enter or go to such place is unlawfully prevented from, or obstructed or delayed in, entering or approaching the same or any part thereof, it shall be presumed, until the contrary is shewn, that the place is a common gaming- house, and that the same is so kept or used by the occupier thereof. 12. — I. Whenever any passage, staircase, or means of access, in a place lawfully entered as aforesaid, to any part thereof is unusually narrow or steep, or otherwise difficult to pass, or any part of the premises is provided with unusual or unusually numerous means for prevent] i)g or obstructing an entry, or with unusual contrivances for enabling persons therein to see or ascer- tain the approach or entry of persons, or for giving the alarm, or for facilitating escape from the premises, it shall be presumed, until the contrary is shewn, that the place is a common gaming-house, and that the same is so kept or used by the occupier thereof ; and if notice, as is next hereinafter provided, shall have been served on the owner of the premises, it shall further be presumed, till the contrary is shewn, that the place is so kept with the permission of the owner thereof. II. Whenever it shall come to the notice or knowledge of the Chief Police Officer of am'- Settlement that any place is fitted or provided with any of the means or contrivances mentioned in this section, in such a way as to lead to a presumption that the place is used or intended to be used for the purposes of a common gaming- house, it shall be the duty of such Chief Police Officer to cause notice thereof to be served on the owner of such place, as well as on the occupier thereof ; and, if the owner is not otherwise known, service shall be made on the person or persons inscribed in the books of the Municipal Commissioners, as the owners or occupiers of such place ; and if the names of the owners and occupiers, or owners or occupiers, are not inscribed in such Municipal books, then the notice may be served by being affixed to the principal outer door, or any outer door or window of any conspicuous part of the place. III. Every sub-tenant receiving a notice under this Ordinance shall forthwith inform the owner, or the person from whom he rents the premises, of the facts of receipt of such notice, who shall in like manner inform the owner or the person from whom he rents the premises, and so on till the notice is brought to the owner, each tenant being responsible to bring the notice to the knowledge of his immediate lessor ; and any sub-tenant refusing or omitting to make known to the owner, or the person from COMMON GAMING-HOUSES. [XIII. OF 1879.] 985 whom he rents the premises, the fact that such notice has been received, shall be punishable under section 225 B of the Penal Ord. IV. of Code. is^'- 13. — I. Whenever it shall appear to a Magistrate, upon the triaL Occupiers and of any offence under this Ordinance, that the place in or in respect °y'^^^^ to of which the offence is alleged to have been committed is a common " gaming-house, he shall summon the owners and occupiers thereof to show cause why the same should not be declared to have been so kept or used ; and if it shall appear to him that the same was fitted or provided with any of the means or contrivances mentioned in the 12th section, the summons shall require such owners and occupiers to show cause why the demolition and destruction directed in the 14th section, should not be ordered. II. The summons, which shall be in English, Chinese, Tamil, and Summons how Malay, need not be addressed to the owners or occupiers by name ; s^^'^^- it shall be served by being affixed to the outer door or any other conspicuous part of the place in question, or in such other manner as the Magistrate may order, and a copy thereof shall be served, either personally or by leaving the same at his or their last known place of residence, on the person or persons inscribed in the books Municipal of the Municipal Commissioners at the Settlement as the owners or books, occupiers, or as the owners and occupiers if the namep of both owners and occupiers are inscribed ; and such summons shall be returnable in not less than seven days from its date. 14. If, after hearing the owners and occupiers or their agents, Notice to be or, in the event of the absence of any of them at the time and ^^'^^ "^ place mentioned in the summons, after proof of due service of the summons, the Magistrate shall continue of opinion that the place in question was kept or used as a common gaming-house, he shall, by writing under his hand, find and declare the same accordingly, and a copy of such declaration shall, with a translation thereof in Chinese, Tamil, and Malay, be posted on the outer door or other conspicuous part of the place in question ; and if the said Magistrate Kttings, &c., shall continue of opinion that the same was fitted or provided with Jjo^ed**" any of the means or contrivances mentioned in the 14th section for facilitating the carrying on the business of a common ga.ming-house, he shall order the demolition and destruction of such of them as consist of staircases, doors and partitions, ladders, planks, platforms, posts, palings, bars, bolts, and other things which appear to him, ■either in evidence, or on personal inspection of the premises, to have been specially erected or constructed for the purpose of facilitating the carrying on of the business of a common gaming-house on the premises, 15. — I. Every person who leases or lets to hire a place, is, for the Who is owner, purposes of this Ordinance, deemed the owner thereof. II. To every demise and hire of a place made after the passing Implied oon- of the Gaming-houses Ordinance, 1870,* is annexed the condition ^*''°° ™ that the same shall be void if the place demised or hired shall be toTeep a° gami^-house. * Passed on the 27th October 1870 ; now repealed. ^^^- ^^^^' °* 986 [XII T. OF 1879.] COMMON GAMING-HOUSES. may eject tenant, when. Presumption against owner not enforcing forfeiture. kept or used as a common gaming-house by the lessee or hirer or with his permission. And every contract on the part of the owner to waive this condition, or otherwise to prejudice his right to recover or resume possession of the place, shall be void. Recovering HI. In all legal proceedings to recover possession o£ the demised possession. or hired place for breach of the said condition, the declaration of a Magistrate required by section 14 shall be prim^ facie evidence that the place was kept or used as a common gaming-house by the lessee or hirer or with his permission. IV. In every case in which a place shall have been declared under section 14, and in every case in which, in any proceedings under this Ordinance, a place shall have been found, on conviction before a Magistrate, to have been kept or used for the purposes of a common gaming-house, it shall be lawful for the Magistrate, or for any Magistrate, on the application of the owner, to issue an order to the Chief Police Officer that the place be forthwith vacated by the occupier, and possession be given to the owner, or to any lessee of the owner other than the person occupying the f)lace at the time of the declaration or conviction, whereupon the said Chief Police Officer shall take such steps as may be necessary for vacating the premises in compliance with such order. V. If the owner shall not enforce his right to recover or resume possession of the place for breach of the said condition, after the declaration or conviction as last hereinbefore provided, and such place shall afterwards be again declared by a Magistrate under the 14th section to be kept or used as a common gaming-house, while it is occupied by the same occupier, it shall be presumed that the said place was so kept or used with the permission of the owner. 16. Except as hereinafter mentioned, no information shall be admitted in evidence, and no witness shall be obliged or permitted to disclose the name or address of any informer under this Ordinance, or state any matter which might lead to his discovery in any proceeding of any nature. Moreover, if any books, docu- ments, or papers whicli are in evidence or liable to inspection in any proceeding, contain any entry in which any informer is named or described, or which might lead to his discovery, the Court shall cause all such passages to be concealed from view, or to be obli- terated, so far as may be necessary to protect the informer from Exception. discovery, but no further. But if, on the trial of any offence under this Ordinance, the Magistrate, after full inquiry into the case, shall believe that the informer wilfuUy made in his information, whether it was written or oral, a material statement which he knew or believed to be false, or did not believe to be true, or if in any other proceedings the Court shall be of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful to require the production of the original information and permit inquiry and require full disclosure con- cerning the informer. Examination 17. Whenever any person shall be charged with any breach of of offenders this Ordinance, the Magistrate may require one or more of them to Information not admitted in evidence. Witness or in- former not obliged to disclose. RESIDENT COUNCILLORS. [XV. OF 1879.] 987 give evidence as a witness for the prosecution. Any such person under this who refuses to be sworn, or to answer any lawful question, shall be 0''d'°^°''^- dealt with in the same manner as witnesses so refusing may by law be dealt with by a Magistrate. 18. Every person so required to give evidence, who shall make, indemnity to in the opinion of the Magistrate, true and full discovery of all t'^^'"' things as to which he is lawfully examined, shall be indemnified from all actions and punishments for anything done in respect of the matters touching which he has been examined. Such Magistrate shall, on being thereunto required, forthwith give him a certificate under his hand, stating that he made a true and full discovery of all things as to which he was examined ; and such certificate shall be a bar to all such proceedings against him as above mentioned. 19. The Magistrate may direct any fine or any portion of any fine Reward to imposed and levied under this Ordinance to be paid to the informer ^'"oi™^'"- or informers. 20. The word " place " means, in this Ordinance, any place on land The -word or water. " place." ^J-. Repeal, the Indian Act 5 of 1844, and Sections 56, 57, 58, 59,60,61, 62, 63, 64, 65 and 66 of the Indian Act 13 of 1856, and Section 15 of the Indian Act 48 of 1860, shall cease to be law in the Colony on the coming into operation of this Ordinance. 22. This Ordinance mav be cited as " The Common Gaming-houses Short Title. Ordinance, 1879." Ordinance No. XY. of 1879. An Ordinance for the execution of certain powers by Title. Resident Councillors at Penang and Malacca. [24tli December, 1879.] A. E. H. ANSON, Administrator. Whereas, by divers written Laws of the Straits Settlements, Preamble, certain powers, duties and rights are vested in and given to be exercised and performed by the Lieutenant-Governors of Penang and of Malacca, respectively : And whereas, it is in contemplation to change the designation of such Officers aforesaid from Lieutenant- Governor to Resident Councillor : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. All powers, duties and rights, by virtue of any written law Powers vested vested in and given -to be exercised and performed by the Lieu- ™ ^'«"*6"ant- Govemors may 988 [II. OF 1880.] CENSUS. be exercised by Resident Councillors. Short Title. tenant-Governors of Penang and Malacca, respectively, shall, from such time as the Governor may, by order,* with reference to either Penang or Malacca, direct, be vested in and exercised and per- formed by the Resident Councillor at Penang and by the Resident Councillor at Malacca, respectively. 2. This Ordinance may be cited as " The Resident Councillors' Ordinance, 1879." The Governor may direct Census and appoint officers. Proviso. Officers to appoint enu- merators, &c. Schedules to be prepared. Regulations. Inmates of gaols, hospi- tals, &c., how enumerated. Ordinance No. II. or 1880. An Ordinance for taking the Census of the Straits Settle- ments, from time to time. [29th July, 1880.] FRED. A. WELD, Governor. Whekeas it is expedient to make provision for taking, from time to time, the Census of the Straits Settlements : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. The Governor in Council may authorize and direct a Census to be taken of the inhabitants of the Colony at such time or times as he shall think fit, and the Governor may appoint such officers as may be necessary to take the same. Provided that notice of the intention to take such Census, and the date of such intended taking, shall be published in the Govern- ment Gazette at least one month previously. 2. The oflBcers appointed to take such Census shall, in accord- ance with the instructions of the Governor, appoint such enumera- tors, and make such arrangements as may be necessary for the purposes of the Census at each Settlement. 3. Schedules shall be prepared under the direction of the Governor, for the purpose of being filled up, by or on behalf of the several occupiers of every dwelling-house or place of residence in the Colony, and by or on behalf of the persons on board every vessel in the British waters adjacent to the Colony, with such particulars as to the Governor in Council may seem fit. 4. The Governor in Council shall have power to make regula- tions for carrying out this Ordinance, and all such regulations shall be published in the Government Gazette, and be posted throughout the Colony in such places and in such languages as the Governor in Council may direct. 5. The master or keeper of every school, gaol, prison, poorhouse, hospital, or public or charitable institution, and the manager of * For orders as to Malacca, see Government Gazette of May 6, 1880, p. 326 ; as to Penang, see Government Gazette of February 16, 1883, p. 125. CENSUS. [II. OF 1880.] 989 every plantation, dock, factory, or place, employing over twenty persons, and the proprietor or manager of every hotel, at every Settlement, and the master or person in charge of every vessel lying within British waters adjacent to the Settlement, shall be the enumerators of the inmates thereof or the persons residing therein. 6. The enumerators, and all officers appointed under this Ordi- Enumerators nance, shall be authorized to ask all such questions as shall be 2"^^ "^'^ ^"^®' necessary for obtaining the information required by this Ordinance. 7. I. Any person who, without lawful excuse, shall wilfully Offences, refuse or neglect to fill up and sign according to the truth of the case, or to alter or amend in any particular, if required to do so by the enumerator, any schedule so left at his house or place of resi- dence 5 or to deliver the same to the enumerator or other officer when required to do so ; or to furnish information to any enumera- tor, or to permit any enumerator to obtain information on board his vessel ; or to answer any such question as aforesaid put to him by any such enumerator or other officer ; shall, on conviction before a Magistrate, be liable to a fine not exceeding twenty-five dollars ; and any person who shall wilfuUy make, sign, or deliver, or cause to be made, signed, or delivered, any false return as to any of the matters specified in this Ordinance ; or who shall wilfully obstruct any enumerator or person engaged in the execution of duties required of them under this Ordinance ; shall be liable to a fine not exceeding one hundred dollars, or to imprisonment, which may be of either description, for any period not exceeding one month. II. Any person who, without similar excuse, violates, or disobej'-s, or fails to comply with any regulation passed by the Governor in Council under this Ordinance, shall be liable to a fine not exceeding fifty dollars, and in default to impriscmment for one month. III. Any enumerator appointed under this Ordinance wlio shall knowingly make a- false return of any of the matters specified herein shall be liable, on conviction before a Magistrate, to a fine not exceeding five hundred dollars, or to impiisonment of either description for a term not exceeding six months. 8. It shall be lawful for the Governor in Council to award such ^^y™<="* °^ remuneration as he shaU think fit to the officers and enumerators ° appointed under this Ordinance. 9. This Ordinance may be cited as " The Census Ordinance, Short Title. 1880." 990 [HI. OF 1880.] MAKE I AGE EEGISTBAKS. Applicable to Christian marriages. Governor may appoint Eegis- trars. In absence of Eegistrar Senior Magis- trate to act. Notice to Registrar. Particulars of notice. Ordinance No. III. or 1880. An Ordinance to provide for the appointment and duties of Marriage Registrars. [29tli July, 1880.] FEED. A. WELD, Governor and Commander-in-Chief. Whereas, since the repeal of the Act of the Imperial Parliament passed in the 15th year of the reign of Her present Majesty intituled "An Act for Marriages in India" (14 and 15 Vict. c. 40) douhts have arisen as to the validity of any marriages celebrated before a Marriage Registrar since the repeal of the said Act of Parliament, and it is expedient to remove such doubts and to provide by law for the appointment and duties of Marriage Registrars : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Marriages of Christians. 1. In every case of marriage intended to be celebrated, where one or both of the parties shall profess the Christian religion, such marriage may be celebrated under this Ordinance. Appointment op Marriage Registrars, 2. The Governor may appoint one or more Marriage Registrars at each of the Settlements, and, from time to time, may remove any such Marriage Registrar and appoint another in his place ; and in the event of the absence or inability of any Marriage Registrar so appointed, or in the event of a vacancy in the office of Marriage Registrar at any Settlement, the Senior Official Magistrate, sitting at the chief Police Cotirt at the Settlement, shall be a Marriage Registrar at the Settlement, till the return to duty of any absent or disabled Marriage Registrar, or till a Marriage Registrar shall be appointed as herein provided on a vacancy of the office ; and the expression " Marriage Registrar," as used in this Ordinance, shall include every such Magistrate so temporarily acting as Marriage Registrar. Notice of Intended Marriage. 3. When a marriage is intended to be celebrated under this Ordinance, one of the parties to such marriage shall give notice in writing, in the form in Schedule A, to the Marriage Registrar. 4. Every such notice shall state the name and surname, and the profession or condition of each of the parties, the dwelling-place of each of them, the time during which each has dwelt in the Settle- ment ; provided that if either or both the parties has or have dwelt, in the place stated in the notice, for more than fourteen days, it may be stated therein that he or she has dwelt there for the fuU period required by this Ordinance. MAKRIAGE REGISTKAKS. [III. OF 1880.] 991 5. The Marriage Registrar shall file all such notices and keep Notice to be them with the records of his Office ; and shall also forthwith enter filed, and a true copy of all such notices in a book, to be called the " Man-iage ^°**'^*^- Notice Book." The marriage notice book shall be open, at all reasonable times, Inspection, without fee, to all persons desirous of inspecting the same ; and the Marriage Registrar shall publish such notices by causing a copy Publication, of every such notice to be affixed in some conspicuous place in his office, and in such other place or places as may be appointed by the Governor. Issue of Certificate. 6. If the party by whom the notice was given requests the Issue of cer- Marriage Registrar to issue the certificate next herein-after men- *'fi"'***- tioned, and if one o£ the parties intending marriage has made oath as herein-after required, the Marriage Registrar shall issue, under his hand, a certificate of such notice having been given, and of such oath having been made ; Provided, — Proviso. (a.) That no lawful impediment be shown, to his satisfaction, why such certificate should not issue ; (b.) That the issue of such certificate has not been forbidden, in manner herein-after mentioned, by any person authorised in that behalf by this Ordinance ; (c.) That four days after the receipt of the notice have expired ; and further, (d.) That where by such oath it appears that one of the parties intending marriage (not being a widower or widow) is a minor, fourteen days after the receipt of such notice have expired. 7. The certificate mentioned in section 6 shall not be issued by Oath before the Marriage Registrar until one of the parties intending marriage ^^^^^^ appears personally before the Marriage Registrar, and makes oath, — (a.) That he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage ; and (b.) That both the parties have, or that the party making such oath has, resided for twenty-one days within the Settlement where such oath is made. And, where either or each of the parties (not being a widower or widow) is a minor, — (c.) That the consent or consents to such marriage required by law has or have been so obtained thereto, or that there is no person resident in the Colony authorised to give such consent, as the case may be. Governor's Licenses. 8. The Governor may, at any time after a party has given notice Special as aforesaid, grant a license in the form B in the schedule hereto, I'^^^^'^s. authorising the Marriage Registrar to issue his certificate on or 992 [III. OF 1880.} MARRIAGE REGISTRARS. Consent to marriage of minors. Where no parent or guardian. Issue of cer- tificates may- be forbidden. Enquiry. after any day mentioned in such license, and may, when he sees fit, grant a special license in the form C in the schedule hereto, dis- pensing with the certificate of the Marriage Registrar, and autho- rising a marriage between the parties to be celebrated on a day to be specified in the license. Consents. 9. If either party to the intended marriage (not being a widower or widow) is a minor, the written consent of the father, or, (if he be dead or non compos mentis) of tlie mother, or, (if she be dead or non compos mentis) of the lawful guardian of such minor must be produced to the Marriage Registrar before he issues a certificate, or to the Governor before he issues a license. If there be no parent or guardian of such minor found in the Colony and capable of consenting, the Marriage Registrar may give his consent in writing to the marriage if, upon inquiry, and after report to the Governor, the marriage appears to him to be proper, aad such consent shall be as effectual as if the father, or mother, or guardian had consented. Prohibitions. 10. Any person whose consent is required as aforesaid may forbid the issue of the Marriage Registrar's certificate by writing the word "Forbidden" opposite the entry in the marriage notice book, and by signing his name, place of abode, and the character jn wnich he forbids the issue, and thereupon no certificate shall issue. Provided that, upon application of either of the parties to the intended marriage, the Marriage Registrar shall enquire into the matter, and if he is satisfied that the person so forbidding the issue is not authorised by law to do so, he shall proceed to issue the certificate in due course without reckoning the time that has elapsed since such issue was forbidden. Refusal to issue Certificate. 11. Whenever the Marriage Registrar refuses to issue a certificate, either of the parties intending marriage may apply by petition to the Supreme Court. The said Court may examine the allegations of the petition in a summary way, and shall decide thereon. The decision of such Court shall be final, and the Marriage Registrar shall proceed in accordance therewith. 12. The certificate to be issued by the Marriage Registrar, under the provisions of section 6, shall be in the form contained in schedule D. Marriage Ceremony. Celebration of 13' -A-fler the issue of the certificate of the Marriage Registrar, marriage after marriage may, if tEere be no lawful impediment to the marriage of Petition when certificate re- fused. Procedure on petition. Form of certificate. MABEIAGE REQISTBAKS. [III. OF ] 880.] 993 the parties described in sucli certificate or certificates, be celebrated issue cfcertifi- between them, according to such form and ceremony as they think fit to aidopt. But every such marriage shall be celebrated in the presence of the Marriage Eegistrar, (to whom shall be delivered such certificate or certificates as aforesaid) and of two or more credible witnesses besides the Marriage Registrar. And, in some part of the ceremony, each of the parties shall declare as follows, or to the like efiect : — " I do solemnly declare that I know not of any lawful impedi- " ment why I, A. B., may not be joined in matrimony to C. D." And each of the parties shall say to the other as follows, or to the like effect : — " I call upon these persons here present to witness that I, A. B. " do take thee, 0. D., to be my lawful wedded wife (or husband)." > Except as next in this section provided, no marriage under this Time and Ordinance shall be celebrated at any time other than between the P'^<=*- hours of six in the morning and six in the evening; and such marriage shall be celebrated at the Office of the Marriage Regis- trar. It shall be lawful for the Governor, on the application of any License by person desiring to have a marriage celebrated at any other time or ""^'^^o""- place, to issue a license in the form in schedule E., under his hand authorising the same. 14. Whenever a marriage is not celebrated within two months Marriage not after the notice of such intended marriage has been received by the ^*^ X'*"'" *^° Marriage Registrar, as required by section 6, the notice and the certificate, if any, issued thereupon, and all other proceedings there- upon, shall be void. And no person shall proceed to celebrate the marriage, nor shall Fresh notice, the Marriage Registrar enter the same, untU new notice has been given, and certificate thereof issued, at the time and in the manner aforesaid. 15. The Marriage Registrar may ask of the persons to be Registrar may married the several particulars required to be registered touching ''.''', ^""^P^"^" such marriage. For the purpose of any enquiry authorised to be made under and administer this Ordinance the Marriage Registrar may administer oaths to oath, persons appearing before him for the enquiry. Register of Marriages. 16. After the celebration of any marriage under this Ordinance, Registration of the Marriage Registrar shall forthwith register the marriage in marriages, duplicate ; that is to say, in a marriage register book, according to the form of schedule F, and also in a certificate attached to the marriage register book as a counterfoil. The entry of such marriage in both the certificate and the Entries how marriage register book shall be signed by the Marriage Registrar signed. 3 B 994 [III OF 1880.] MARRIAGE REGISTRARS. How made. and by the person, if there be such, other than the Marriage Regis- trar, by whom such marriage is celebrated, and also by the parties married, and attested by two credible witnesses other than the Marriage Registrar. All such entries shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage register book. False oath, notice, or certificate. Ord. IV. of 1871. Forbidding, by false per- sonation, issue of certificate. Ord. IV. of 1871. Celebrating marriage without due authority, or out of proper time, or without witnesses. Proviso. Issuing certifi- cate, &c., without notice. Ditto., after two months. Celebrating marriage without license Offences and Penalties. 17. Whoever, for the purpose of procuring any marriage, inten- tionally makes any false oath, or signs any false notice or certifi- cate, or gives any false answers to questions lawfully put to him, under or required by this Ordinance, shall be deemed guilty of an offence under section 193 of the. Penal Code. 18. Whoever forbids the issue by the Marriage Registrar of a certificate, by falsely representing himself to be a person whose consent to the marriage is required by law, knowing or believing such representation to be false, or not having reason to believe it to be true, shall be deemed guilty of an oifence under section 205 ofthe Penal Code. 19. Whoever, not being authorised by law to celebrate a marriage in the absence of the Marriage Registrar, knowingly celebrates, in such absence, marriage between persons, one or both of whom is or are a Chri.stian or Christians, shall be punished with imprisonment, which may be of either description and may extend to ten years, and shall also be liable to fine. 20. Whoever knowingly and wilfully celebrates a marriage under this Ordinance between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and six in the evening, or in the absence of at least two credible witnesses other than the Marriage Registrar, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. Provided that nothing herein contained shall be held to prevent a marriage from being celebrated under this Ordinance as provided by the last paragraph of section 13. 21. Every Marriage Registrar under this Ordinance, who knowingly and wilfully commits any of the following offences • — (a.) Issues any certificate for marriage, or celebrates any marriage, without publishing the notice of such marriage, as directed in either case by this Ordinance : (b.) Issues any certificate for marriage or celebrates any mar- riage, after the expiration of two months from the receipt by him of the notice in the last preceding paragraph referred to, in respect of such marriage ; (c.) Celebrates, without a license from the Governor, any mar- riage, when any of the parties is a minor, before the expiration MAKBIAQE EEGISTKARS. [III. OF 1880.] 995 of fourteen days, or ia other cases before the expiration of four '» certain days after the receipt of the notice of such man-iage ; cases. (d.) Issues any certificate, the issue of which has been prohibited. Issuing pro- as in this Ordinance provided, by any person authoiised to prohibit ^l^ "^^ the issue thereof; (e.) Celebrates any marriage forbidden by any person authorised Celebrating to forbid the same ; _ _ _ ^^rt pro- shall be punished with imprisonment, either rigorous or simple, hibition. for a term which may extend to five years, and shall also be liable to fine, not exceeding one thousand dollars. Protection of Eegisteks. 22. Whoever, by himself or another, wilfuUy destroys or injures Destroying or any register book, or any counterfoil certificate thereof, or any part ^g^^^^^g' thereof or any authenticated extract therefrom ; or falsely makes or counterfeits any part of such register book or counterfoil certifi- cates, or an authenticated extract therefrom ; or wilfuUy inserts any false entry in any such register book or counterfoil certificate or authenticated extract ; shall be punished with imprisonment, either rigorous or simple, for a term which may extend to seven years, and shall also be liable to fine, not exceeding one thousand dollars. 23. The prosecution for every offence punishable under this Limitation of Ordinance shall be commenced within two years after the offence prosecutions, is committed. Rectification op Ereoes. 24. Every person charged with the duty of registering any Correction of marriage, who discovers any error in the form or substance of any errors, such entry, may, at any time, with the written permission of the Lieutenant-Governor* at Penang, the Colonial Secretary at Singa- pore, or the Resident Councillor at Malacca, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof. Searches and Extracts. 25. The Marriage Registrar having the custody for the time Searches and being of any register of marriages, or of any ceiiificate, or copies of duplicate, or copies of certificate imder this Ordinance, shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate, or copies, and give a copy under his hand of any entry in the same. Certified Copies. 26. Every certified copy, purporting to be signed by the person certified copy entrusted under this Ordinance with the custody of &ny marriage to be evidence. * The powers of the Lieutenant-Governor are now vested in the Resident Councillor of Fenang. See the Resident Councillors' Ordinance, 1879 (Ordinance XV. of 1879). 3r 2 996 [III. OF 1880.] MAEEIAGE EEGISTEAES. Fees. Kemission of. Governor may remit fees. Power to make rules. Saving of marriages under Indian Act 5 of 1865 and Consular marriages. What not to avoid mar- riages. Prohibited degrees. Delegation. register or certificate, or duplicate required to be kept or delivered under this Ordinance, of any entry of a marriage in such register, or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein respec- tively, or of such copy. Fees. 27. The fees specified in the schedule G hereto shall be paid to the Marriage Registrars for the several matters to which they are applicable. The Marriage Registrars may, when satisfied of the poverty of the parties, reduce the amount of the said fees, or remit them altogether. The Governor may, when he sees fit, grant any licenses, in this Ordinance authorised to be granted by the Governor, without payment of any fee, or on payment of such reduced fee as he may deem proper. Rules. 28. The Governor in Council may, from time to time, vary the mentioned in section 27, and may make rules in regard to the disposal of such fees and the manner in which they shall be paid, the supply of register books, and the preparation and sub- mission of returns of marriages celebrated under this Ordinance. 29. Nothing in this Ordinance applies to marriages celebrated under the provisions of Indian Act No. -5 of 1865* ; nor to marriages performed by any Minister, Consul-Gen eral. Consul, Vice-Consul, or Consular Agent between subjects of the State which he repre- sents, and according to the laws of such State. 30. Whenever any marriage has been celebrated in accordance with the provisions of this Ordinance, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely : — (a.) Any statement made in regard to the dwelling of the persons married, or to the consent of any person whose consent to such marriage is required by law ; (b.) The notice of the marriage ; (c.) The certificate of the marriage ; (d.) The time and place at which the marriage has been cele- brated ; (e.) The registration of the marriage. 31. Nothing in this Ordinance shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into. 32. It shall be lawful for the Governor to delegate any or all of the powers in him vested by this Ordinance, to the Lieutentuit- Governorf at Penang, the Colonial Secretary at Singapore, and the * The Indian Marriage Act. 186.5. t See footnote to Section 24. MARRIAGE REGISTRARS. [Ill, OF 1880.] 997 Resident Councillor at Malacca, in his absence from the several Settlements respectively. 33. It shall be lawful for the Governor, by Orders in Council, Alteration of from time to time, to reform, alter and amend any or all of the s'=l'ed"ies. schedules. Validity of Marriages. 34. All marriages celebrated under this Ordinance, shall be good V'alidity of and valid in law, to all intents and purposes ; and all marriages "^"^"^ses. hitherto celebrated under the Indian Act No. 5 of 1852, after the repeal of the Act of the Imperial Parliament, intituled " An Act for Marriages in India" (14 and 15 Vict., c, 40), shall be held to have been, and to be, equally valid as if the said Imperial Act had not been repealed. 35. This Ordinance may be cited as " The Marriage Registrars' Short Title. Ordinance, 1880." SCHEDULE A. (Section 3.) Notice op Maesiage. To Mr. , Marriage Eegistrar of the Settlement of I hereby give you notice that a marriage is intended to be had, within from the date hereof, between me and the other party herein named and described. 1 6 M •s' Church, chapel, Place in which a P^ s % Dlace of worship, the other party •■C °i ^ . ^-S or building in resides, when the 'O ■M-i 5 ac'S which Marriage parties dwell in a 1^ k 0, Co h5^ is to be celebrated. different places. ^ ■s U » ^ i fe g ^ i CO s •^ 1 ^ p-1 (Si. Andrew's Church, § Singapore.') u S^ 1 i 1 y R ^ 1^ o day of one thousand Witness my hand this eight hundred and eighty (Signed) JAMES SMITH. (The Italics in this schedule* to be filled up as the case may be, and thfl blank division thereof is only to be filled up when one of the parties lives in a place outside the Settlement.) * These italics form part of the original schedule to the Ordinance, and do not indicate that any substitution has been effected. 998 [III. OF 1880.] MARRIAGE REGISTRARS. SCHEDULE B. Maeeiagb License. Ordinance No. III. of 1880, Section 8. Whereas on the day of •, 188 , Notice was given to the Marriage Registrar at Singapore of a Marriage intended to be had between A. B. a,nd 0. D. therein mentioned, and the said A. B. desires to obtain a license for the immediate issue of a certificate of such notice, and has made before the said Marriage Registrar the affidavit required by the Marriage Registrars' Ordinance, 1880, section 7. Now, therefore, in pursuance of the said Ordinance, I do hereby authorise the said Marriage Registrar to issue the said certificate at any time on or after the day of* Given under my hand at (Singapore) this day of , 188 . Governor. • The date of the notice. (Note to original Ordinance.) SCHEDULE C. Special License. Ordinance No. III. of 1880, Section 8. Whereas A. B. and 0. D. desire to marry, and sufficient cause has been shown to me why such marriage should be allowed without the formalities prescribed by " The Marriage Registrars' Ordinance, 1880." Now, therefore, in pursuance of the said Ordinance, I do dispense with the giving of notice and the issue of the certificate thereby prescribed (or as the case may be), and do hereby authorise any competent person to celebrate marriage between the said A. B. and 0. D. at (place of celebration) upon the day of , 188 , between the hours of in the forenoon and in the afternoon. Governor. MARRIAGE EEGISTEARS. [Ill, OF 1880.] 999 SCHEDULE D. (Section 12.) Eegisteae's Cebtipioate. I, , Marriage Eegistrar of the Settlement of , do hereby certify that on the day of , Notice was duly entered in my Marriage Notice Book of the said Settlement, of the Marriage intended between the parties therein named and described, delivered under the hand of Jwmes SmMh one of the parties, that is to say : — 1- 1 o 1 'a % ■l i O 6D'S Church, chapel, place of worship, or building in which the Marriage is to be celebrated. Place in which the other party dwells when the parties dwell in different places. 1 i i g4 i 1 1 u .a to* 1 04 St. Andrew's Church, Singapore. Penang. 1 1 1 CO 4} O 1 1 and that the required oath has been duly taken by [James quired by section 7 of the Marriage Eegistrars' Ordinance, 1880, Date of notice entered. , 188 "I The issue of this certificate has not been forbidden by any person authorised to forbid the 188 I issue thereof. Date of certificate given. Witness my hand this dayof one thousand eight hundred and eighty Ma/rriage Registrar. This certificate wiU be void unless the marriage is celebrated on or before the day of , 188 . (The Italics in this schedule* to be filled up as the case may be, and the blank division thereof is only to be filled up when one of the parties lives in a place outside the Settlement.) * These italics form part of the original Schedule to the Ordinance, and do not indicate that any substitution has been effected. 1000 [III. OF 1880.] MARBIAGE EEGISTRARS. SCHEDULE E. Special License. Ordinance No. III. of 1880, Section 13. Whereas A. B. and 0. D. desire to marry, and sufficient cause has been shown to me why such marriage should be allowed at a place other than at the office of the Marriage Registrar, (and (or) at a time other than that allowed by section 13 of the said Ordinance). Now, therefore, in pursuance of the said Ordinance, I do hereby authorize the said, marriage to be celebrated at (place) and at the hour of in the evening (night, morning) or between the hours of and in the evening (night, morning). Given under my hand at (Singapore), Ihis day of 188 . Grovernor. MARRIAGE EEGISTEARS. [III. OF 1880.] 1001 SCHEDULE E. (See Section 16). i a a -sr W ■.as «3 i a m rl3 Cfi to Ci 0) g ^5 J t3 S i4 go ■a "3 . a a a 3 g •J c o ^4 CO %t 33 a S 6 P a ^-/ _0 C3 1 by License John Smi John Gree y License John Smit John Gree < U3 to 2 •a 1 >^ A t>> fl 1 1 »-9 ed in the John Yo WiUiam 1 1 ^ ed in the John Yo William >, ,4 ^ ^ .a & CD ■s P " The seal of the Mahomedan Registrar of (naming the Settle- ment, district, or place within which he is authorised to act)." 5. Every Mahomedan Registrar shall be supplied by the Govern- Government ment with his sea,l of office and the books necessary for the pur- *° provide poses of this Ordinance. books. The pages of such books shall be consecutively numbered in Pages to be print, and the number of pages in each book shall be certified on numbered, the title page by the Registrar. 6. Every Mahomedan Registrar shall keep up the following Registers, register books, in the Malay or English language : — Register of Marriages, in the form contained in the schedule B, and in which registration of marriages only shall be made ; Register of Divorces, other than those of the kind known as Khula, in the form contained in the schedule C, and in which registration of such divorces only shall be made ; Register of Divorces of the'kind known as Khula, in the form contaiued in the schedule D, and in which registration of such divorces only shall be made. 7. All entries in each register book prescribed by the last Entries to be preceding section shall be numbered in a consecutive series, which ""'"I'ered. shall continue for ten years, a fresh series being commenced at the beginning of every tenth year : the second series commencing on the 1st day of January, 1890. 1008 [V. OF 1880.] MAHOMEDAN MARE1A6E. Application by ■wliom to be made. Duties of Mahomedan Kegistrar on application being made. Entry to be made. Proviso. Ilegistration of marriages, &c., before the Ordinance. Entries by ■whom to be signed : of Marriage, Applications eoe Registration. 8. Every application for registration under this Ordinance shall be made, orally, to the Mahomedan Registrar of the district, place, or nationality in which, or to which, the parties applying, or either of them, reside or belong, as follows : — In the case of a marriage, by the man and the woman, or the Walee, or the duly authorised Wakil, of the woman ; and, if either or both the parties to the marriage are minors, the application shall be made by the "Walee or Walees for such minor or minors ; In the case of a divorce other than that of the kind known as Khula, by the man who has effected the divorce ; In the case of a divorce, of the kind known as Khula, hy the parties to the divorce jointly. Reasonable notice of their intention to apply shall be given to the woman, in all cases where she does not attend. 9. I. On application being made to a Mahomedan Registrar for registration under this Ordinance of a marriage or divorce, within one month of the marriage or divorce being effected, the Maho- medan Registrar shall satisfy himself as to such marriage or divorce having been effected by the person or persons by whom it is repre- sented to have been effected; as to the identity of the persons appearing before him and alleging that the marriage or divorce has been effected ; that reasonable notice has been given to any woman interested who does not attend personally ; and, in the case of any person appearing as Walee, or Wakil, of the right of such person so to appear. II. If the Mahomedan Registrar be satisfied on the above points, and not otherwise, he shall make an entry of the marriage or divorce in the proper register. Provided that no such entry shall be made otherwise than in the presence of every person who, by Section 10 of this Ordinance, is required to sign such entry. III. Any person desiring to have registered a marriage or divorce, made or done at any time before the coming into opera- tion of this Ordinance, or at .any time after one month, may have the same registered in the manner required by this Ordinance for registering marriages and divorces inade or done after the coming into operation of this Ordinance, and within one month ; subject, as to snbsequent proof of such marriage or divorce, to the provi- sions of the third paragraph of section 17. Registers how Signed, 10. Every entry in a register book kept under this Ordinance shall be signed by the Mahomedan Registrar and by the following persons : — If the entry be of a marriage, by the man and the woman, or the Walee, or duly authorised Wakil, of the woman ; and by MAHOMEDAN MARKIAGE. [V. OF 1880.] lOOS two witnesses who were present at the marriage ceremony ; and, if either or both the parties to the marriage be minors, by the Walee or Walees of such minor or minors. If the entry be of a divorce, other than the kind known as of Divorce, Khula, by the man who has effected the divorce ; by the witness who identifies such man ; and by two witnesses to the divorce being effected. If the entry be of a divorce of the kind known as Khula, by of Khula. the parties to the Khula ; by the witness who identifies the man ; by the witness who identifies the woman ; and by two witnesses to the divorce being effected : Provided that, whenever the woman is represented by a Wakil, the Proviso for Wakil shall produce a certificate in writing, signed by her in the ^*'"'- presence of two witnesses, that he is authorised to represent her, and the entry in the register book shall also be signed by the two witnesses. The provisions of sections 197 and 198 of the Penal Code shall Penalties, be applicable to such certificates. ^'^ ■ ^^' °* The several provisions of Chapter XVIII of the Penal Code shall be held to apply to registers, documents and seals required to be made, registered, used, or issued by the registering officers, so far as the several sections thereof are applicable to such register, documents and seals as are required to be made, registered, used, or issued under this Ordinance. Attested copies of Entries. 11. On the completion of the registration of any marriage or To be given] divorce, the Mahomedan Registrar shall deliver, to each of the without fees, applicants for registration, an attested copy of the entry ; and for such copy no charge shall [be] made. ' Refusal to Registek. 12. Every Mahomedan Registrar refusing or omitting to register Refusal to a marriage or divorce, as required by the applicants, shall make an re?OTded!° ''* order of refusal, and record his reasons foi" such order in a book to be kept for that purpose ; and give, without charge, a copy of the Copies to be order of refusal, and the reasons for the order, to the person or ^^ ^* °"* persons making the application. Appeal. 13. An appeal shall lie against an order of a Mahomedan Registrar Appeal refusing or omitting to register a marriage or divorce, as required ^g*™s<; refusal by the applicants, to the Registrar of the Settlement within which " l^^S^ster. such Mahomedan Registrar has been authorised to act, if presented to such Registrar within two months from the date of the order. The Registrar may reverse or alter such order ; and the order Orders passed by the Registrar on appeal shall be final, except as proAdded *-^^^^°^- by section 29. 3 s 1010 [V. OF 1880.] MAHOMEDAN MARRIAGE. Registration after appeal. Index to be kept up. Particulars to be shown in index. If the Registrar orders the marriage or divorce to be registered, the necessary entries shall at once bo made, by the Mahomed an Registrar or by some person appointed for that purpose by the Registrar ; and an entry shall be made in the book, shewing that the marriage or divorce was registered by order of the Registrar, on appeal under this section, and shewing by whom the entry in the register is made. Index Books. 14. Every Mahomedan Registrar shall keep up, in the Malay or English language, a current index of the contents of each register book in his office, and every entry in such index shall be made, so far as practicable, immediately after he shall have made an entry in a register book. The index shall contain the name, place of residence, and father's name of each party to every marriage or divorce, and the date of registration. It shall also contain such other particulars, and shall be prepared in such form, as the Governor may direct. Copies of entries to be sent monthly to Registrar. General register book and indexes. Further inquiry as to copies. Copies to Registrar. 15. Every Mahomedan Registrar shall, at the expiration of every month, send copies, verified on oath, of all entries made by him during the month in the register books, and in the indexes, to the Registrar of the Settlement within which such Mahomedan Registrar has been authorised to act. 16. The Registrar shall, on the receipt of such certified copies from the Mahomedan Registrars, file them in his office, and shall cause the entries therein contained to be copied, in the English and Malay languages, into general register books" and general index books, which shall be kept in his office, numbering all marriages and all divorces consecutively in regular order, commencing a new series of numbers every ten years : the second series commencing on the 1st day of January, 1890. The Registrar may proceed, under the provisions of section 20, if in any case it may appear to him to be proper to have inquiry, or further information, as to any such copies. Inspection and extract from renter books. Proof. Inspection and Extracts. 17. I. The general register books, and general index books, and the register books and indexes of the Mahomedan Registrars, shall be at all times open to inspection by any person applying to inspect the same ; and the Registrar, or Mahomedan Registrar, shall furnish to any person requiring the same a certified copy or extract of any entry therein. Proofs. II. The original register books and general register books and every copy or extract of any entry in any such books, certified under the hand and seal of the Registrar-General, or of the Regis- MAHOMEDAN MAEEIAGE [V. OF 1880.] 1011 trar, or of the Mahomedan Registrar, to be a true copy or extract, shall be prim^ facie evidence, in all Courts and tribunals in the Colony, of the dates and facts contained or set forth in such copy or extract. III. The register books and general register books, and copies ^'°°? ^^ *° and extracts therefrom shall, as to entries made under the third before the ' paragraph of section 9, operate, under paragraph II of this section, Ordinance as prima facie proof of the facts stated therein, only from the time _ of making the registration : but registration so made shall not debar the parties from proving, otherwise, that the marriage or divorce wfis made or done at the time stated in the registration, or at any other time before the registration. Return of Books and Seals. 18. Every Mahomedan Registrar shall keep safely each register Eeg^istoMsTo book and index book until the same shall be filled ; and shall then, give up books, or earlier, if he shall leave the district or cease to hold a license by &o-. ■when cancelment or otherwise, make over the same, with his seal of office, ® ' to the Registrar for safe custody, or to such other person as the Registrar-General may direct. On the death of a Mahomedan Registrar, his books and seal of On death, office shall be forthwith given up to, or taken possession of, by the Registrar. Any person refusing or omitting to make over any book or seal Panalty. of office to the Registrar, or person, as required by this section ; and any person found in possession of any such book or seal of office, without lawful excuse, after they ought to. have been made over to, or taken possession of, by the Registrar, or person, shall be liable, on conviction before a, Magistrate, to a penalty not exceeding five hundred doUars. Control over Mahomedan Registrars. 19. Every registering officer under this Ordinance shall be, and Mahomedan be deemed to be, a public servant within the meaning of the Penal ^^gis*"^^ *° ^« Oode ; an.d his duties under this Ordinance shall be deemed to be public duties ; and all proceedings before him for the purpose of -carrying on the duties imposed on him by this Ordinance shall be held to be judicial proceedings within the meaning of Chapter XI Ord. IV. of of the Penal Code. i^"- 20. The Registrar shaE have a general superintendence and Registrar to control over the conduct of the duties of all Mahomedan Registrars, ''^'^oise gene- and shall have authority to issue, whether on complaint or other- tendence. wise, any order, consistent with this Ordinance, which he thinks necessary in respect of any act or omission of any Mahomedan Regis- trar ; and may at any time summon before him at his office any Mahomedan Mahomedan Registrar, and all the parties named or interested, as ap^fi^ *° to any entry, which is or should be in his books, relating to any Mahomedan marriage ot divorce, or intended or pretended marriage or divorce ; and may examine such persons, on oath or otherwise, *" ^ ®^' ^concerning the said entries, or omission of entries ; and such persons ' 3 s 2 1012 [V. OF 1880.] MAHOMEDAN MAERIAGE. and to produce shall be bound to attend and to furnish true information, and to tooks, &c. answer all la-wful questioQS on oath, in either case, if required, and to produce books and documents; and any person refusing or omitting to attend when so summoned, or refusing or omitting to be sworn, or to answer when questioned, or to give true informa- tion, or to produce books and documents, or giving false informa- tion, shall be liable to punishment as provided by Chapter X of the Penal Code, according to the nature of the offence. Penalty. Ord. IV. of 1871 Fees pre- scribed. Governor may prescribe rules, Fees to be Levied. 21. The Registrar-General, the Registrar, and the Mahomedan Registrars shall be entitled to levy the fees set forth in the schedule E, and no other or higher fees, or sums of money, or gratification, except as provided in section 23 ; and may decline to do, or permit to be done, anything until the fee therein prescribed is paid. Rules b^ the Governor. 22. The Governor may, from time to time, make such rules as he thinks fit, and which shall not be inconsistent with any pro- vision of this Ordinance, for regulating the grant of copies and extracts by the Registrar- General, Registrars, and Mahomedan Registrars ; for regulating the application of the fees levied by the ■Registrar-General, Registrars, and Mahomedan Registrars under this Ordinance ; and for regulating such other matters as may appear to the Governor to be necessary to effect the purposes of this Ordinance ; and such rules may, from time to time, be cancelled or altered, and shall be published in the Government Gazette, and shall then have the same force as if they were inserted in this Ordinance. Legal Effect of Registration. Saving clause. 23. Nothing in this Ordinance contained shall be construed, — Legal effect of to render valid or invalid, merely by reason of its having been, or registration. ^^^^ having been, registered, any Mahomedan marriage or divorce, which would otherwise be invalid or valid ; or, to authorize or require the attendance of any Mahomedan Registrar at the celebra- tion of any marriage, except at the request of all the parties concerned ; or, when so attending, to prohibit the receipt by him of a gratuity, when such gratuity is voluntarily tendered; or, to prevent any person, who is unable to write, from putting his mark instead of the signature required by this Ordinance. To be pub- lished. Effect of. PART 11. Kalis. Recognition op Kalis. Governor may 24. 1. If it shall be made to appear to the Governor that any recognize; person has been chosen by a number of the Mahomedan inhabitants . MAHOMED AN MAERUGE. [V. OP 1880.] 1013 at any of the Settlements to act as Kali for any district or place, or persons chosen for any nationality, in the Settlement, the Governor may, if he ^ ^^^^' thinks fit, recognize such person as Kali, in all matters relating to the law of marriage and divorce ; and may give to him a certificate Certificates to of recognition, under the public seal of the Colony, in the form in ^® issued. Schedule F ; and so long as he lawfully holds his certificate, as EfEect of. herein provided, such person shall be recognised by all Courts, and officers and servants of the Government, as a Mahomedan Kali for such district, place, or nationality. II. No Kali recognised under this section shall be held to have I'owers of any judicial authority other than is necessary to decide upon * ^' questions relating to the existence, or non-existence, of the status of marriage or divorce, between persons voluntarily appearing before him ; and no such Kali shall have any authority to impose limited, fines, nor to adjudicate in matters of property, unless the parties afiected voluntarily agree to accept such Kali's adjudication after the adjudication has been made. III. The Governor may, at any time at his pleasure, cancel and Cancelment. withdraw such certificate ; whereupon the person shall cease to be Effect, recognised as Kali by all Courts, and officers and servants of the Government. 25. Any person, whose certificate of recognition as Kali has P^°^*y ^°J^ 1 not rstiimiiis been so cancelled, refusing or omitting to return the certificate to cancelled cer- the Colonial Secretary, or Registrar, forthwith ; and any person, tificate ; knowing that a certificate of recognition as Kali has been cancelled, °^ found in being found in possession of such certificate, without reasonable P"^^^^^^"" ® • excuse ; shall be liable, on conviction before a Magistrate,, to a jDenalty not exceeding five hundred dollars. 26. Any Kali, recognised under section 24, may be appointed ^^^ ™^y ^^ by the Governor to be a Mahomedan Registrar for any place or K^gistor.^" district in the Settlement in which he has been recognised. PART III. Effect of Mabriage on Property. 27. Whereas it is expedient to define the modifications of the laws of property to be recognised in the case of Mahomedan Marriages ; it is further enacted that : — Mahomedan Law how far recognised. II. Mahomedan law, in the absence of special contract between parties, shall be recognised by the Courts' of the Colony, only so far as is expressly enacted in this section. Provided that nothing herein contained shall be held to prevent any Mahomedan person directing, by his or her will, that his or her estate and effects shall be administered according to Mahome* dan law. 1014- [V. OF 1880.] MAHOMEDAN MARRIAGE. Married Women may make Wills. III. Mahomiedan married -women may, with or without the concurrence of their husbands, dispose by will of their own property.. Widow's Share in Husband's Estate. IV. On the death intestate of a Mahomedan husband, his widow, or widows, subject to the rules in clause V of this section, shall be- entitled to the share in his estate, moveable and immoveable, which by English law a widow is entitled to, under the rules for the- distribution of Intestates' estates in force in the Colony. Several Widows entitled to Share. V. When any Mahomedan dies intestate, leaving more than one- widow, the share which by English law would fall, on the distri- bution of the estate if only one widow were left, to such widow, shall be divided equally among all the widows, if more than one- widow is left ; so that no more persons be recognised as widows oi such Mahomedan than by Mahomedan law he might have had as lawful wives, living at a time, during his life time. Husband's Share in Wife's Estate. VI. On the death intestate of a Mahomedan wife, her husband shall be entitled to a share in her estate, moveable and immoveable, as follows : — If she has left children, or their descendants, of her own by the same or any other husband, one-fourth to the husband ; the rest to the children or their descendants in equal shares according to English law ; per capita as to the children, per stirpes as to their descendants. If she has left no children, or their descendants, by the same or any other husband, and no other next of kin, according to English law, subject to the rule in clause VII, excluding children of husband by other wives, the whole to the husband. If she has left no children, or their descendants, by the same or- any other husband, but has left other next of kin according to English law, subject to the same rule, one-third to the husband ;; the rest to her next of kin, to be distributed among them accord- ing to English law. Children's Shares in Father's and Mother's Estates. VII. On the death intestate of a Mahomedan husband, all his children, by all and any of his lawful wives, shall be held to be- entitled to such distributive shares in his estate, moveable and immoveable, as legitimate children are entitled to by English law, under the rules for the distribution of Intestates' estates iu force "in the Colony: but the children of any of his wives, by other hus- bands, shall not be entitled to any such distributive share. MAUOMEDAN MAERIAGE. [V. OF 1880J 1016 On the death intestate of a Mahomedan married -woman, all her own lawful children, by all her husbands, shall be entitled to the distributive shares in her estate, moveable and immoveable, which by English law children are entitled to in the estate and effects of their father dying intestate, under the rules for the distribution of Intestates' estates in force in, the Colony: but the children, by other wives, of any person to whom such married woman may have been married, shall not be entitled to any such distributive share. Lettebs of Administration to Husband's Estate. VIII. In granting letters of administration to the estates of Mahomedans dying intestate, and leaving a widow or widows, the Court may, if it shall think fit, grant letters' of administration to any other next of kin, or person, entitled to administration by English law if there were no widow, either to the exclusion of the widow or widows, or jointly with such widow or widows, or any one or moi'e of such widows. Letters of Administration to Wife's Estate. IX. When any person, being the wife of a Mahomedan, dies intestate, leaving property of her own, and leaving male children of the full age of 21 years, such male children shall be entitled to a grant of letters of administration to her estate and effects, in preference to her husband, and the husband shall be entitled next after such male children of full age ; after the male children of full age and the husband, the daughters, father, mother, brothers, sisters, uncles, aiints, nephews, and nieces of the intestate, shall be entitled, in the order above set out ; and failing all the above relatives, the next nearest of kin according to English law shall be entitled ; and the preference shall be given to male over female relationship of the same degree, in the above cases. The children Of the husband by other wives shall not be con- sidered as next of kin to tlie deceased intestate wife, and shall not, by reason of such relationship, be entitled to a grant of administra- tion to her estate and effects. Provided that nothing herein contained shall lessen the power of selection given to the Court by section 16 of the Courts Ordi- Ord. III. of nance, 1878. 1878. Property of Married Women. X. All the property belonging to a woman on her marriage, whether moveable or immoveable, and however acquired, shall, after marriage to a Mahomedan husband, continue, in the absence of special written contract to the contrary', to be her own property ; and she may dispose of the same, by deed or other\rise, with or without the concurrence of her husband ; and without the formalities required by the Indian Act No. 31 of 1854. ■ Earnings of Married Women. XI. The wages and earnings of any Mahomedan mai-ried woman, acquired or gained by her, during marriage, in any employment 1016 [V. OF 1880.] MAHOMEDAN MAKEIAGK occupation, or trade carried on by her, and not by her husband ; and also any mon^y or other property acquired by her, during marriage, through the exercise of any skill, or by way of inheri- tance, legacy, gift, purchase, or otherwise ; and all savings from, and investments of, such wages, earnings, and property, shall be deemed to be her own property ; and her receipts alone shall be good discharges for such wages, earnings, and propertj' ; and she may dispose of the same, by deed or otherwise, and without the concurrence of her husband. Wife's eight to Sue. XII. A Mahomedan married woman may maintain a' suit in her own name for the recovery of property of any description which is her own property ; and she shall have, in her own name, the same remedies, both civil and criminal, against all persons, for the pro- tection and security of such property, as if she were unmarried ; and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried. Liability of Wife on her own Conteacts. XIII. If a Mahomedan married woman possesses property, and if any person enters into a contract with her, with reference to such property, or on the faith that her obligations arising out of such contract will be satisfied out of her own property, such person shall be entitled to sue her, and, to the extent of her own property, to recover against her whatever he might have recovered in such suit, had she been unmarried at the date of the contract, and continued unmarried at the execution of the decree: the husband shall not, in the absence of special stipulations, whereby he has made himself resj)onsible as surety, guarantor, joint con- tractor, or otherwise, be liable to be sued on such contracts. Pro-s'ided that nothing herein contained shall annul or abridge the liability of a Mahomedan husband for debts contracted by his wife's agency, express or implied ; such liability shall be measured according to English law. Wife's antenuptial Debts. XIV. A Mahomedan husband shall not, by reason only of liis marriage, be liable to the debts of his wife, contracted before marriage, but the wife shall be liable to be sued for, and shall, to the extent of her own property, be liable to satisfy such debts as if she had continued unmarried. Provided that nothing contained in this clause shall invalidate any contract into which a husband may, before the passing of this Ordinance, have entered in consideration of his wife's antenuptial debts. Effect op Maeeiage on Peopeett. XV. No Mahomedan person shall, by any marriage contracted after the coming into operation of this Ordinance, acquire any MAHOMEDAN MAEEIAGE. \Y. OF 1880.] 1017 interest in the property of tiie person wliom lie or she marries, nor become incapable of doing any act in respect of his or her own property, winch he or she could have done if unmarried. VOLUNTAKT SETTLEMENTS ON WiFE OR HuSBAND. XVI. Nothing in this Part contained shall be held to affect the operation of English law relating to voluntary settlements ; and all settlements and dealings with property between a Mahomedan husband and wife shall, subject to the provisions of this section, be governed by the rules of English law; and, when there is not adequate consideration on either side, such settlements and dealings shall be held to be voluntary, in any question between the husband and wife, or either of them, and his or her creditors. Household Property. XVII. When a Mahomedan husband and his wife, or wives, live together in the same house, the household goods, horses and carriages, and household property of every description, of the husband and wife, or wives, in or about the house, except the paraphernalia of the wife, or wives, shall be held prima facie to iDelong to the husband, in any question between the husband and his ci'editors. Operation of Section. XVIII. The provisions of the several clauses of this section, except clause XV, shall be held to apply to aU cases in. which the death or marriage happened before, as well as after, the coming into operation of this Part of the Ordinance. Provided that nothing in this section contained shall, without the consent of the parties interested, or, in case of suits, the leave of the Court, be held to affect any suit commenced, or any contract entered into, or the administration of any estate commenced, before the coming into operation of this Part. Interpretation. XIX. Whenever English law is referred to in this section, the English law, as in force in the Colony for the time being, is intended. PART IV. General. Interpretation. 28. The following expressions, as used in this Ordinance, shall Interpretation, have the meanings hereby assigned to them, unless there be some- thing repugnant in the subject or coQtext : — 1018 [V. OF 1880.] MAHOMEDAN MAERIAGE. Ord. XVra. of 1868. No writ of mandamus. Po-wers of revision. Saying clause. Fees and schedules may be altered. " Wakil " shall mean the agent appointed, according to Maho- medan law, to represent a woman, according to the pur- poses for which the agent is appointed. "Walee" shall mean the person who acts as guardian for a woman on her marriage, as well as the person acting generally, or appointed for the particular occasion, for a minor, on his or her marriage, in either case according to Mahomedan law. " Minors " are those who have not arrived at the age of puberty, or who have not reached the age of fifteen years. On their arriving at the age of puberty, or at the age of fifteen ' years, whichever shall happen first, such persons cease to be minors. " Eegistrar-General " shall mean the Registrar-General appointed under the Registration Ordinance, 1868, and such Registrar- General shall have all the powers of, and may act as, a Registrar under this Ordinance, at any Settlement where he may be in the execution of the duties of his oflBce. " Registering Officers " shall mean and include the Registrar- General, Registrars, and Mahomedan Registrars. " Kali " shall mean a person recognised by the Governor as Kali, under section 24, so long as he shall lawfully hold the certificate of recognition under the said section. Revision by Governor. 29. I. No writ of mandamus or prohibition shall issue out of the Supreme Court in relation to any act or omission of a regis- tering officer under this Ordinance. II. All decisions, orders, and acts, and all other proceedings of Registering Officers under this Ordinance, shall be open to revision by the Governor, and may by him be cirdered to be reversed, altered, or modified ; and every decision, order, act, or proceeding, when so altered or modified, shall, in its altered or modified form, be held to be valid in all respects, as if made or done by- the Registering Officer, whose proceeding may have been revised. 30. Nothing in this Ordinance shall be held to apply to, or to afiect the rights of, property between persons, either of whom, on entering, or attempting to enter, into a Mahomedan contract of marriage, has, at such time, by a previous contract of marriage (otherwise than Mahomedan), a wife or husband not divorced. 31. It shall be lawful for the Governor, by Orders in Council, from time to time, to alter the table of fees set out in schedule E, and to reform, alter and amend any or all of the schedules. Delegation. ddls™""'*^ 32. It .shall be lawful for the Governor to delegate the exercise of all or any of the powers vested in him by this Ordinance to the powers. MAHOMEDAN MARRIAGE. [V. OF 1880.] 1019 Colonial Secretary at Singapore, and to the Lieutenant-Governor or Kesident Councillor at Penang or Malacca, in his absence from any of the Settlements respectively. 33. This Ordinance may be cited as " The Mahomedan Marriage Short Title. Ordinance, 1880." Part I of this Ordinance shall come into operation at such time Operation, as the Governor, by Order in Council,* shall direct. The rest of the Ordinance shall come into operation on the passing of the Ordinance. SCHEDULE A. MAHOMEDAN MARRIAGE ORDINANCE, 1880. License to act as Mahomedan Registrar. (Section 3.) Whereas A. B., a Mahomedan inhabitant of (Settlement), residing at (number of house, street, or place), in (Settlement), has been appointed by His Excellency the Grovernor of the Straits Settlements to act as a Maho- medan Registrar, under the Mahomedan Marriage Ordinance, 1880, for the (district, place, congregation, nationality) : These are therefore to mlake known to all 'whora it may concern, that the said A. B. has been so appointed, and, so long as he holds this License, is authorised to act as such Mahomedan Registrar as above set out. Colonial Secretary's 1 By His Excellency's Command, Lieutenant-Governor's ^Office, , Kesident Councillor's J Colonial Secretary. (Singapore,) the day of , 188 . N.B. — On the death of A. B., above jiamed, his seal of oflBce and books are to be given up to the Registrar, and if A. B. leaves the Settlement, or ceases to hold a license by canoelment or otherwise, his seal of oflBce and books are, in like manner, to be given up to the Registrar. Any person refusing or omitting to' make over any such book or seal of oflBce, and any person found in possession thereof unlawfully, will be liable to a fine not exceeding $500. * For Order in Council, see GoTernment Gazette of August 18, 1882, p. 796. 1020 [V. OF 1880.] MAHOMEDAN MAEEIAGE. License to act as a Mahomedan Registrar. (Section 3.) lULuOo t_jljl Jhii,As^ l/*»^ U^Wt/* £"*■* L/*^' i:;*^^^ aLjI cj^l ijj,ii cu!^ jjj;l l_^^yjjl^ i:;»l ojj (jijijJwi^jUj dJ^RMj <)a_iJ,/»=r« IJu**-; (i«i' ^Jl^U l_jLj!j^ ^1j jfiXife B. A. jK»- ^b I/***?-; (;;'>' '^ lif^^i^ _^ ci^j) (*)''jfjj jlo ^jjil l.l^i Jbj^. (jjJi^ "V^J^ cj'*^ u_^"»JJjl J-J^ w^ ;Jl»- ''(j'S KiJ^ u^-' ""^J^ eA^* i^'*^*^ Jw''^'^. '•'-jL}« ^jlj .xj jjb c:^.! ,^jl ($500) L^ -^jj]^ Ji ji,i) ^ jl^ IjJii U> i_j| ,j*.|;U i_;U. ci^'U liUJ (»'j"]/A> ii)V '*^' u^*^ 188" l.jsljt^ ~ '\^ 'ly LSi'f^.r'*" u^r^ MAHOMEDAN MAEEIAGE. [V. OF 1880.] 1021 SCHEDULE B. Register of Marriages. (Section 6.) Settlement of . District of . 1. Consecutive No. 2. Name of the bridegroom and that of his father, with their respective residences. 3. Name of the bride and that of her father, with their respective resi- dences. 4. Whether the bride is a spinster, a widow, or divorced by a former husband, and whether she is adult or otherwise. *5. Name of the guardian of the bridegroom (if the bridegroom be a minor) and that of the guardian's father, with specification of the guardian's residence, and of the relationship in which he stands to the bridegroom. *6. Name of the guardian of the bride (if she be a minor) and that of her father, with specification of his residence, and the relationship in which he stands to the bride. *7. Name and father's name of the bride's Walee and Wakil, and of their residences, with specification of the relationship in which the Walee and WaMl stand to the bride. _*8. Names of the witnesses to the due authorisation of the bride's Wakil, with names of their fathers and residences and specification of the relationship in which they stand to the bride. 9. Date on which the marriage was contracted ; to be given according to the English and Mahomedan Calendars. 10. Amount of dower. 11. How much of the dower is Moajjul (prompt) and how much Mownjjul (deferred). 12. Whether any portion of the dower was paid at the moment. If so, how much? 13. Whether any property was given in lieu of the whole or any portion of the dower, with specification of the same. 14. Special conditions, if any, 15. Name of town and street, or village, or district in which the marriage took place. 16. Name of the person in whose house the marriage ceremony took place, and that of his father. 17. Date of registration, according to the English Calendar. * These colunmB will be blank if the bride and bridegroom respectively are not repre- sented by guardians, or when the bride is not represented by a Walril. (This footnote forms part of schedule to original Ordinance.) 1022 [V. OF 1880.] MAHOMEDAN MARRIAGE. SCHEDULE C. Register of Divorces other than those of the kind known AS Khula. (Section 6.) District of Settlement of 1. Consecutive IjTo. 2. Names of tte husband and of his father, and their residences. 3. Names of the wife and of her father, and their residences. 4. Date of divorce, according to the Euglish and Mahomedan Calendars. 5. Description of divorce. 6. Manner in which the divorce was effected. 7. Name of street, village, or district in which the divorce took place. 8. Name of the party in whose house the divorce took place, and of his father. 9. Names of two witnesses to the divorce, the names of their fathers, and their respective residences. 10. Name of party identifying the husband before the Mahomedan Begis- trar, and that of his father, and their residences. 11. Date of registration, according to the English Calendar. SCHEDULE D. Register of Divorces of the kind known as K^ula. (Section 6.) District of Settlement of 1. Consecutive No. 2. Name of the husband and that of his father, and their residences. 3. Name of the wife and that of her father, and their residences. 4. Date of Khula, according to the English and Mahomedan Calendars. 5. Amount of dower.. 6. Whether Khula was acknowledged by the wife in person before the Mahomedan Registrar. 7. If so, name of the party identifying her before the Mahomedan Eegistrar, and that of his father, and their residences, with specification of the relationship which he bears to her, if any. *8. If the Khula be acknowledged before the Mahomedan Registrar by the wife's Wakil, his name and that of his father, and their residences, with specification of the relationship which the Wakil bears to the wife, if any. * This columu -will be blank if the womau is not represented by a Wakil. (This footnote forms part of schedule. of original Ordinance.) MAHOMEDAN MARRIAGE, [V, OF 1880.] 1023 9. Names of tlie two witnesses to the due authorisation of the wife's Wakil and those of their fathers, with their residences. 10. Name of the town and street, or village, or district where the Khula took place. 11. Name of the person in whose house the Khula took place, and that of his father. 12. Names of two witnesses to the divorce being effected, the names of their fathers, and their residences. 13. Name of the person identifying the husband, and that of his father, and their residences. 14. Date of registration, according to English Calendar. SCHEDULE E. Fees Authorised to be taken under this Ordinance. (Section 21.) For registering a marriage or divorce, if at Mahomedan Registrar's house, - - - - - - - - $ 0.50 For registering a marriage or divorce, if at the house of the parties, - - -- - -- -,, 1.10 For every inspection of any index or register, - - - „ 0.50 For every certified extract of an entry, authorised to be charged for, - - „ 1.00 SCHEDULE E. MAHOMEDAN MARRIAGE ORDINANCE, 1880. Certificate of Recognition as a Kali. (Section 24.) lis Excellency (name ar Straits Settlements. (L.S.) By His Excellency (name and titles). Governor and Oommander-in-Ohief of the Straits Settlements. Governor and Commander-in-Chief. "Whekeas it has been made to appear to me that (name) has been chosen by a number of Mahomedan inhabitants of (name of district, or place, or nationality, and Settlement) to act as a Kali for (here state place, or nationality, with locality of nationality) : Now this is to proclaim to all whom it may concern, that the said (name) is hereby declared to be recognised by me as Kali for (as above). By His Excellency's Command, Colonial Secretary. Colonial Seceetaet's Ofhce, Singapore, , 188 . N.B. — When this certificate is cancelled it must be given up to the Colonial Secretary, or Begistrar, under a penalty of $500, and any person found in possession of this certificate after it has been cancelled, knowing it to have been cancelled, and without having a reasonable excuse for such possession, will be liable to a like penalty. 1024 [V. OF 1880.] MAHOMEDAN MARRIAGE: Certificate of Eecognition as a Xali. (Section 24.) •IldS,^! ^l ^J^^ cijly« ij*Sl /I** jj^l/^ vJSU ^b jJJJ ^y ^jJ^^H <-2^.'*^, ji;-*'^ i-iW/* (►^''^'^ fJSj^^ii sijii ^^i.'^ u?} i^i-d^'^ u*^ ^IslJii j^j! ^J^ i^b ^^ t:S' J;» '^^ u;'"^ i:/^'^*^ ''^ "-^W' 0:}ijA5U (.^jif^J ,jti> j^b CUjI (_jbl CI^J ij«Sb ClJjJ*y«_) iilJ;;ft« *UJ^jw yjy ijijii jjjCi> 188 ];)'^'" "U* "U" ^J^~/^ ^^ PREVENTION OF CRIMES. [VI. OF 1880.] 1025 Ordinance No. VI. or 1880. An Ordinance for the more effectual prevention of crime. [24itli August, 1880.] FRED. A. WELD, Governor. Whereas it is expedient to make provision for the more effectual prevention of crime : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Register of Criminals. 1. With a view to facilitate the identification of criminals, a Register to be register of all persons convicted of crime in the Settlement, to be '^^P*- called the Register of Criminals, shall be kept at each Settlement, in such form and containing such particulars as the Governor may, from time to time, direct. The Governor may, from time to time, by order, prescribe the Proviso, class or classes of prisoners so to be registered and made subject to the provisions of this Ordinance.* 2. The Superintendent of Prisons at each Settlement shall, as Photograph soon as conveniently may be after the arrival of a prisoner con- ^°^ descrip- victed of a crime, cause a photographic likeness of such person to be taken, and shall cause to be written down, in such form as the Governor may, from time to time, direct, a description of the person of the prisoner, including the sex, age, or apparent age, bodily appearance, height, and any particular marks observable on the person of the prisoner, and all the names, if more than one, by which the prisoner has been known ; which descriptive form shall be drawn up in such manner as the Governor may, from time to time, direct. tion of prisoners. 3. One copy of every such photographic likeness, and of every Copy to such descriptive form, shall be, as soon as conveniently may be. Chief Police forwarded by the Superintendent of Prisons to the Chief Police "™°®'* Officer of the Settlement, who shall forthwith cause the particulars in the descriptive form to be entered in the Register of Criminals of the Settlement, in such form and manner as the Governor may, from time to time, direct ; and shall attach the copy of the photographic likeness in the Register of Criminals, in such manner as the Governor may, from time to time, direct. 4. The Superintendent of Prisons at each Settlement shall, at Copies to the same time, forward a copy of every such photographic likeness "^^"^ Settle- and of every such descriptive form to the Chief Police Officer, and ""^^ ^' to the Superintendent of Prisons, at each of the other Settlements ; who shall, on receipt thereof, enter the same in a separate book, * For Order under this section, see Government Gazette of May 8, 1885, p. 684. 3'r 1026 [VI. OF 1880.] PREVENTION OF CEIMES. Register kept by Police. Likeness and description to be receivable in evidence. Eules by Governor in Council ; to be kept by him for the Settlement at -which the prisoner was convicted. Copy recorded. 5, The Superintendent of Prisons shall, in like manner, record a copy of every such photographic likeness, and descriptive form, in such manner as the Governor may, from time to time, direct. 6. The Register of Criminals for the Settlement shall be kept at the office of the Chief Police Officer at the Settlement. 7. Every such photographic likeness, and every such descriptive form, whether in the original foi-m or entered in the Register of Criminals, if purporting to bear the signature of the Superintendent of Prisons at the Settlement where the prisoner was convicted ol the particular offence, if in the original form, or if purporting to bear the signature of the Chief Police Officer at the Settlement if entered in the Register of Criminals, shall be receivable in evidence in any Court, without further proof, and shall be held to be prim^ facie proof of the facts therein stated. Photogeaphs. 8. The Governor in Council may, from time to time, make regulations* for the photographing of all prisoners convicted of crime, and may, in such regulations, prescribe the time or times at which, and the manner in which, such photographs are to be taken, and the number of photographs of each prisoner to be taken ; and the persons, if any, in addition to those provided for in this Ordinance, to whom such photographs are to be sent. All such regulations shall be deemed to be Prison Rules and Regulations, and shall be binding on all persons, in the same manner as if they were made under the authority contained in the Prisons Ordinance, 1872. Any prisoner refusing to obey any regulation made in pursuance of this section, shall be deemed guilty of an offence of disobedience to the Prison Rules, and shall be liable to punishment as prescribed by the Prisons Ordinance, 1872. Punishment of certain Offenders. 9. When any person is convicted of a crime, and a previous conviction of a crime is proved against him, he shall, at any time within three years immediately after the expiration of the sentence passed upon him for the last of such crimes, be guilty of an offence against this Ordinance, and be liable to rigorous imprisonment for a term not exceeding one year, under the following circumstances, or any of them : — ' Firstly. — If on his being charged by a Police Officer with getting his livelihood by dishonest means, and, being brought before a Court of summary criminal jurisdiction, it appears to such Court that there are reasonable grounds for believing that the person so charged is getting his liveli- hood by dishonest means ; or, * For Regulations, see Government Gazette of May 8, 1885, p. 684. as Prison Rules. Ord. XIV. of 1872. Penalty. Ord. XIV. 1872. of After pre- vious convic- tion special punishment. PKEVENTION OF CRIMES. [VI. OP 1880,] 1027 Secondly. — If on being charged with a crime and on being required by a Court of summary criminal jurisdiction to give his name and address, he refuses to do so, or gives a false name or address ; or, Thirdly. — If he is found in any place,'"whether public or private, under such circumstances as to satisfy the Court before whom he is brought that he was about to commit, or to aid in the commission of, any crime, or was waiting for an opportunity to commit, or to aid in the commission of, a crime ; or, Fourthly. — If he is found in or upon any dwelling-house, or any building, yard, or premises, being parcel of, or attached to, any such dwelling-house, or in or upon any shop, warehouse, counting-house, office; factory, dock, wharf, machine-house, or other place of work or business, or in any plantation, garden, orchard, pleasure-ground, or nursery- ground, or in any building or erection in any plantation, garden, orchard, pleasure-ground, or nursery-ground, or other similar place, without being able to account, to the satisfaction of the Court, for his being found in or upon such place. SUMMAET AkEEST. 10. Any person charged with being guilty of any offence men- May be tioned in the last preceding section may be taken into custody as ^"^^*^'^* follows, that is to say : — In the case of any offences as are first and second in the said section mentioned, by any Snperior Police Officer, or by any Police Officer or Constable authorised to do so by the officer of Police in charge of the police district in which he is on duty, or by any Superior PoKce Officer, in either case, without warrant. In the case of any such offences as are third and fourth in the said section mentioned by any Peace Officer without warrant. Also, when any person is charged with being guilty of such offences as are third and fourth in the said sectibn mentioned, he may be apprehended, without warrant, by the owner or occupier, or person in charge of the property or place in or on which he is found, or by the servants or members of the family or lodgers of or with the owner or occupier, or by any other person authorised by the owner or occupier or person in charge, and may be detained until he can be delivered into the custody of a Peace Officer. Supervision of Police. 11. When a person is convicted in the Supreme Court of a ^fter second crime, and a previous conviction of a crime is proved against him, c*^" *^° the Supreme Court may, in addition to any other punishment order Police which it may award to him, direct that he is to be subject to the supervision, supervision of the Police for a period of three years, or such less 3t 2 1028 [VI. OF 1880.] PKEVENTION OF CRIMES. Requiiements from persons subject to supervision. Persons not notifying place of residence to Police. period as the Court may direct, commencing immediately after the expiration of the sentence passed on him for the last of such crimes. 12. Every person subjept to the supervision of the Police, who is at large in the Colony, shall notify the place of his residence to the Chief Police Officer of the district in which his residence is situated, and shall, whenever he changes such residence within the same police district, notify such change to the Chief Police Officer of that district ; and whenever he changes his residence from one police district to another, shall notify such change of residence to the Chief Police Officer of the police district which he is leaving, and to the Chief Police Officer of the police district into which he goes to reside ; moreover, every person subject to the supervision of the Police, if a male, shall, once in each month, report himself, at such time as may be prescribed by the Chief Police Officer of the Settlement in which such holder may be, either to such Chief Police Officer himself, or to such other person as that officer may direct. If any person subject to the supervision of the Police, who is at large in the Colony, remains in any place for forty-eight hours without notifying the place of his residence to the Chief Police Officer of the district in which such place is situated, or fails to comply with the requisitions of this section on the occasion of any change of residence, or with the requisitions of this section as to reporting himself once in each month, he shall, in every such case, unless he proves to the satisfaction of the Court before which he is tried, that he did his best to act in conformity with the law, be guilty of an oifence against this Ordinance, and, upon conviction thereof, he shall be subject to imprisonment, rigorous or simple, for any period not exceeding one year. Courts of summary criminal jurisdiction shall have jurisdiction to try offenders under this section. Keepers of lodging-houses, drinking- liouses, brothels, &c., harbouring offenders. Ord. IV. of 1870. Harbouring reputed Thieves. 13. Every person who occupies or keeps any lodging-house, beer-house, eating-house, coffee-house, or place licensed under the Excise Ordinance, 1870, as a public-house, retail spirit shop, or farm shop, or any brothel, or any place of public entertainment or public resort, and knowingly lodges, or knowingly harbours thieves or reputed thieves, or knowingly permits, or knowingly suffers, them to meet or assemble therein, or knowingly allows the deposit of goods therein, having reasonable cause for believing them to be stolen, shall be guilty of an offence against this Ordinance, and be liable to a penalty not exceeding fifty dollars, and, in default of payment, to be imprisoned for a period not exceeding four months, and the Court before which he is brought may, if it think fit, in addition to, or in lieu of, any penalty, require him to enter into recognizances, with or without sureties, for keeping tlie peace, or being of good behaviour, during twelve months : Provided that,— PREVENTION OF CRIMES. [VI. OF 1880.] 102^ (1) No person shall be imprisoned, for not finding sureties in pursuance of this section, for a longer period than three months; and (2) The security required from a surety or cautioner shall not exceed one hundred dollars. 14. -Any license for the sale of any intoxicating liquors or drugs, Licenses maj- or for keeping any place of public entertainment or public resort, ^^ cancelled, or for keeping any brothel, which has been granted to the occupier or keeper of any such house or place as aforesaid, may, in the dis- cretion of the Court, be forfeited on his first conviction under section /3 ;* and on his second conviction for such an offence his license shall be forfeited, and he shall be disqualified for a period of two years from receiving any such license ; moreover, where two convictions under section /3* have taken place, within a period of three years, in respect of the same premises, whether the persons convicted were or were not the same, the Court shall direct that, for a term not exceeding one year from the date of the last of such convictions, no such license as aforesaid shall be granted to any person whatever in respect of such premises; and any license granted in contravention of this section shall be void. Search for Stolen Property. 15. Any Police Officer may, under the circumstances hereafter Summary in this section mentioned, be authorised in writing by the Chief ^^^''^l'- Police Officer to enter, and, if so authorised, may enter, any house, shop, warehouse, yard, grounds, or other premises, in search of stolen property, and search and seize and secure any property he may believe to have been stolen, in the same manner as he would be authorised to do if he had a warrant, and the property seized, if any, corresponded to the property described in such search warrant. In every case in which any property is seized in pursuance of Summons ou this section, the person on whose premises it was at the time of ^^'^"'■^■ seizure, or the person from whom it was taken, if other than the person on whose premises it was, shall, unless previously charged with receiving the same knowing it to have been stolen, be sum- moned before a Magistrate to account for his possession of such property, and such Magistrate shall make such order respecting the disposal of such property, and may award such costs, as the justice of the case may require. It shall be lawful for the Chief Police Officer to give such Authority for authority as aforesaid in the following cases, or either of them : — search. First. — 'When the premises to be searched are, or, within the preceding twelve months, have been, in the occupation of, or used by, any person who has been convicted of receiving stolen property, or of harbouring thieves ; or Second. — When the premises to be searched are in the occupation of, or used by, any person who has been convicted of any * The amendments in this section were made by Ordinance XII. of 1880. 1030 [VI. OF 1880.] PEEVENTION OF CRIMES. offence involving fraud or dishonesty, and punishable by penal servitude, or rigorous imprisonment. And it shall not be necessary for such Chief Police Officer, on giving such authority, to specify any particular property, but he may give such authority, if he has reason to believe generally that such premises are being made a receptacle for stolen goods. Evidence of other Thefts, &c. ^''?° „ 16. Where proceedings are taken against any person for having charged,' ' received goods knowing them to be stolen, or for having iu his evidence of possession stolen property, evidence may be given at any stage of "u'^'^T^*' the proceedings that there was found in the possession of such person other property stolen within the preceding period of twelve months, and such evidence may be taken into consideration for the purpose of proving that such person knew the property to be stolen, which forms the subject of the proceeding taken against him. Receivers. When evidence 17. Where proceedings are taken against any person for having of previous received goods knowing them to be stolen, or for having in his he°^ven.° ™^^ possession stolen property, and evidence has been given that the stolen property has been found in his possession, then, if such person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings, and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen : provided that not less than seven days' notice in writing shall have been given to the person accused that proof is intended to be given of such previous conviction, and it shall not be necessary, for the purposes of this section, to enter in the charge the previous conviction of the person so accused. Interpretation. Interpretation. 18, The expression " Crime," as used in this Ordinance, means ' any offence punishable by penal servitude, or rigorous imprison- ment, for not less than two years, so that, in the latter case, the imprisonment is not by way of alternative punishment for non- payment of a fine imposed ; and shaU include cases in which the punishment of death has been commuted to penal servitude, or rigorous imprisonment. The expression " Police District " means in the several towns of Singapore, George Town Penang, and Malacca, the whole of each of the said towns, respectively ; and, in places beyond the limits of the said towns at the several Settlements, such portions of the Settlement as the Governor may, from time to time, prescribe by Order* published in the Government Gazette. * For Order defining the several Districts, see Government Gazette of August 21, 1885, p. 1317. TAN TOOK SENG'S HOSPITAL, [VII. OF 1880.] 1031 19. Any act or thing by this Ordinance authorised to be done Power to Chief by the Chief Police Officer may be done by any Police Officer ^"^'"^ O®"^"^- authorised by him in that behalf. 20. This Ordinance may be cited as the " Prevention of Crimes Short Title. Ordinance, 1880." Ordinance No. VII. op 1880. An Ordinance to incorporate Tan Took Seng's Hospital. [24th August, 1880.] FRED. A. WELD, Governor. Whereas in the year 1845 the late Tan Took Seng, a Chinese merchant in Singapore, established a hospital for the reception of diseased paupers, and, by an agreement with the then Governor of the Straits Settlements, the said hospital was thereafter made over to the Government of the Colony, on the understanding that the establishment was to be a hospital for diseased paupers, of all nations, and was to be kept in proper repair, and medicines and medical assistance were to be provided, by the Government of the Settlements : And Whereas it was the intention of the said Tan Took Seng to have endowed the said hospital with funds for the support of the inmates, but, before such endowment was made, he departed this life, and the hospital was thereafter supported by voluntary subscriptions among the inhabitants of the Settlement ; and, for the purpose of administering the funds so collected, and to manage the hospital, a Committee of Management was appointed by the sub- scribers in the year 1851, with whom were associated, as ex-officio members, the Resident Councillor, then the Chief Local Civil Authority at the Settlement, the Senior Surgeon, and Tan Kim Ohing, the eldest son of the founder, one of the members being appointed Honorary Secretary ; and the hospital continued to be governed by this Committee of Management : And Whereas by a deed indented, made on the 8th day of December, 1857, the late Sted Alli bin Mahomed Al Junied, an Arab merchant of Singapore, assigned, for a nominal consideration, the remainder of a term of 99 years from the first day of June, 1857 in a piece of land situate in the district of Singapore town, as de- scribed in Government deed numbered 1434, and dated the 1st June, 1857, from the then Government of the Straits Settlements, the Hon'ble the East India Company, and estimated to contain an area of five acres one rood and eighteen poles, subject to a yearly rent of sixty dollars to be paid to the said East India Company, to the Hon'ble Henry Somerset Mackenzie, Resident Councillor at 1032 [VII, OF 1880.] TAN TOOK SENG's HOSPITAL. Singapore, Egbert Little, Esquire, o£ Singapore, Honorary Secre- tary to the Committee of Management of Tan Took Seng's Hospital, and Tan Kim Ching, Esquire, of Singapore, merchant, on trust to hold the said land for the sole use and benefit of the hospital, com- monly known as Tan Took Seng's Hospital, but subject to the control, order and discretion of the Committee of Management of the said hospital for the time being, or the major part of them, to apply . the rents, profits and advantages arising from the said land for the purposes of the said hospital, as should, from time to time, be directed by the said Committee of Management, but so that the said Trustees and the said Committee should not sell, alienate, mortgage, or otherwise encumber the said land, and should not de- mise or lease the land, or any part thereof, for any term longer than twenty-five years, and in default thereof the said Syed Alli, his heirs, executors, administrators, or assigns, might resume possession for the residue of the said term then unexpired; and it was further provided in the said deed that the persons holding the offices of, or acting as. Resident Councillor of Singapore, and Honorary Secretary to the Committee of Management of the said hospital, for the time being, and the eldest male descendant , in the male line of Tan Took Seng above named, the founder of the hospital, should at all times act as, and be, Trustees under the said deed ; and that when the persons holding the said offices vacate their offices they should ipso facto cease to be Trustees under the said deed ; and in the event of the said offices of Resident CouncUlor and Honorary Secretary to the said Committee of Management being abolished, or remaining vacant for more than two months at any time, and in the event of failure of properly qualified male de- scendants of the said Tan Took Seng, or in any of those events, it should be lawful for the Managing Committee of the said hospital, or of any other persons in whom might be vested the management of the hospital, for the time being, to nominate and appoint any fit person or persons to be Trustee or Trustees under the said deed, so that the proper number of Trustees might at all times be kept up : And Whereas by a deed indented made on i he * * *t day of December, 1862, the Secretary of State for India in Council, on behalf of Her Majesty the Queen, granted for ever, for a nominal consideration, a certain piece of land therein described as situate in the district of Rochore in the Island of Singapore, being marked No. 2 in the Government map of the said district, estimated to contain an area of seven acres three roods and twelve poles, to Tan Kim Ching, a son of the founder, and a member ex-officio of the Public Institution at Singapore called Tan Tock Seng's Hospital, and HoH Ah Kay, of Singapore, merchant, the Treasurer of the said hospital, to hold to them, as such member and treasurer, their and each of their successors in office, subject to the orders of the Com- mittee of Management, or other body of persons having the man- agement and control of the said hospital, for the time being, and f So in original Ordinance. The asterisks do not indicate any omission. TAN TOCK SENG'S HOSPITAL. [VII. OF 1880.] 1033 subject to a condition to keep clear and cultivated the ground not covered by the hospital buildings ; and in default the land so un- cleared and uncultivated to revert to the Government of Singapore for public purposes : And Whereas by a deed of grant, numbered 331, dated the 28th day of December, 1875, under the public seal of the Colony, and the hand of the then Governor, a piece of land situate in Rochore District, in the Island of Singapore, as described in the said deed, and estimated to contain an area of ten acres and twenty- three perches, was granted by Her Majesty the Queen to the Committee of Management of Tan Tock Seng's Hospital, and their successors in office, for the purpose of using the same as a burial ground for the inmates of the said hospital, failing which the land to revert to Her Majesty the Queen, Her Heirs and Successors : And Whereas a sura of four thousand dollars is now lodged on. fixed deposit in the Oriental Bank Corpoi'ation in Singapore, at interest at the rate of four per cent, per annum, to the credit of the said hospital : And Whereas the landed property of the said hospital, owing to restrictions in the power of alienation and leasing, is not productive : And Whereas the office of Resident Councillor of Singapore has been abolished, and the duties formerly attachedi to that office are now, to a great extent, performed by the Colonial Secretary of the Colony : And Whereas irregularities have arisen in the appointment of Trustees and Officers of the said hospital : And Whereas the receipts by voluntary subscription are not sufficient, with the aid received from the Government of the Colony, for the proper support and maintenance of the said hospital, and it is expedient, for the benefit of the diseased paupers of the Settle- ment of Singapore, that the trusts relating to the said hospital should be remodelled, and that fuller authority should be provided by law for the better management of the affairs of the said hospital, so that the full value of the property belonging to the hospital should be raised for the benefit of the diseased paupers of the Settlement, and that the institution should be made more generally useful : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Hospital incorporated. 1. The Colonial Secretary and the Principal Civil Medical Society Officer, and Tan Kim Ching, Esquire, eldest son of the late Tan incorporated. Took Seng ; The Inspector-General of Police ; The Assistant Colonial Secretary ; 1034 [VII. OF 1880.] TAN TOOK SENG'S HOSPITAL, The Protector of Chinese ; Charles Burton Buckley, Esquire ; Tan Beng Swee, Esquire ; Cheang Hong Lim, Esquire ; Seah Choa Seah, Esquire ; Lim Teang Swee, Esquire ; and such and so many persons as are now or shall hereafter become subscribers to the funds of Tan Took Seng's Hospital, to the amount of twelve dollars yearly at least, or donors to the amount of one thousand dollars, whose names shall have been, by their desire, inscribed in the Register mentioned in section 10, shall be one body politic and corporate, in name and in deed, by the name of Tan Tock Seng's Hospital, and by that name shall and may sue and be sued in all Courts, and shall have perpetual succession, with a common seal. Committee of Krst Com- mittee. Committee of Management. 2. The affairs of the said body corporate shall be managed by a Committee of Management, consisting of the officers for the time being lawfully acting as Colonial Secretary, Principal Civil Medical Officer, Inspector-General of Police, Assistant Colonial Secretary, and Protector of Chinese, and five other persons to be chosen as hereinafter provided, and Tan Kim Ohing, Esquire, the eldest son of the late Tan Took Seng, and, on his death or absence from the Settlement of Singapore, the eldest male descendant in the male line of the late Tan Tock Seng. The first Committee of Management shall consist of the officers and persons named in section 1. Vacancies how flUed. Officers of Government. Persons not holding office. Election. Election how made. Vacancies. 3. On the death or absence from the Settlement of any of the members of the said Committee of Management, if an officer of Government serving in the Settlement, the officer who may succeed temporarily or permanently to the duties of the office shall take the place of his predecessor, unless the Governor shall appoint another officer of Government to act as a member instead of such successor, in which case such other officer shall act. If the vacancy is made by a person not holding any office under the Government of the Colony, the vacancy shall be filled by the election of a subscriber to the funds of the hospital to the extent of at least twelve dollars annually, or a donor to the extent of one thousand dollars, to be called a Life Member. Such elections shall be made, from time to time as occasion may require, at a meeting to be called for that purpose by the Colonial Secretary, by a majority of votes of members of the Corporation present at such election, and every such member of the Corporation shall be entitled to one vote only. TAN TOOK SENG'S HOSPITAL. [VII: OF 1880.] 1035 Provided that on a vacancy occurring in the place held by Tan Descendants Kim Ohing, or any future descendant of the late Tan Took Seng, 0^^™^^- the oldest male descendant in the male line of the late Tan Took Seng, present in the Settlement and willing to act, shall become a meinber of the Committee in his place. General Purposes declared. 4. The general purposes of the hospital are hereby declared to General be the maintaining of a free public hospital for the treatment and Purposes of maintenance of indigent sick persons of all races. Powers of Committee of Management. 5. The Committee of Management shall, subject to the pro- Powers of visions of this Ordinance, have fuU power and authority generally Committee of TvrH.Tl fl P*PTn PTl t to govern, direct and decide all matters whatsoever connected with ^ the appointment of officers and servants to be paid out of the funds of the Corporation, and for the administration of the affairs of the Corporation, and the accomplishment of the objects and purposes thereof. 6. The officer for the time being acting as Colonial Secretary President and shall be President of the Committee of Management, and, in case Chairman. of his absence from any meeting of the said Committee, a Chair- man for the occasion shall be chosen by the members present, who shall preside. 7. General meetings for the transaction of the business of th« General said Committee shall be held at least once in every quarter, and the meetings. President, on the requisition of two members, may call a meeting of the Committee, at any time, for the transaction of such business, as may be mentioned in the requisition. Three members shall constitute a quorum, and the President, or, Quorum. in his absence, the Chairman, shall have a casting vote, 8. A Sub-Committee of three members, two of whom to be a Sub-Com- quorum, may be appointed from among their number by the Com- ™'**^^- mittee of Management, to transact such business, as the Committee, by any bye-law, may direct. Bye-Laws. 9. It shall be lawful for the Committee of Management to frame. Bye-laws. from time to time, bye-laws for the conduct of the duties of the Committee and Sub-Committee, and the various officers and ser- vants employed in the hospital, for their procedure in the trans- action of business, and the mode of electing members to fill vacancies in the Committee of Management, and for the reception, treatment, and discharge of the patients, and as to their food, clothing, medicine, and otherwise, generally for the management of the hospital and the affairs of the Corporation. 1036 [VII. OF 1880.] TAN TOOK SENG'S HOSPITAL. Approval of Governor. Penalties. All such bye-laws shall be subject to the approval of the Governor, and, when so approved, shall be published in the Government Gazette, and copies in the English and Chinese languages posted in conspicuous places in the hospital. Any person infringing any of the bye-laws, when so published and posted, shall be liable to a penalty not exceeding ten dollars. Ekgisteb of Members. Eegister of 10. The Committee of Management shall cause a register to be members. kept, in which every person desiring to become a member of the Corporation, and being duly qualified by being a donor of one thousand dollars, or a yearly subscriber of at least twelve dollars, shall, subject to the provisions of section 1, be entitled to have his name inscribed therein. Books of account to be kept. Books of Account. 11, The Committee of Management shall also cause proper books of account to be kept, which shall be open at all reasonable times to the inspection of members of the Corporation, and of any person or persons, whom the Governor may, at any time, appoint to examine the same. Yearly accounts. Copy to Colonial Secretary. Audit and publication. Yearly Accounts. 12. Within one month after the expiration of each year, the Committee of Management shall cause to be prepared a true state- ment of the assets and liabilities of the Corporation, and an account of their receipts and disbursements during the previous year. A copy of every such statement of assets and liabilities, and of every such account of receipts and disbursements shall be sent, as soon as conveniently may be, to the Colonial Secretary. Such statements and accounts shall be audited yearly by such person or persons, as the Governor may appoint for the purpose, and, after audit, shall be published in the Government Gazette. Property vested in Corporation. Free from trusts. But subject to this Ordinance. Property vested in Corporation. 13. On the coming into operation of this Ordinance all and every the property moveable and immoveable belonging to Tan Tock Seng's Hospital, whether held in the name of Tan Took Seng's Hospital, or in the name of any person or persons in trust for Tan Tock Seng's Hospital, shall be and the same are hereby vested in the body corporate hereby constituted, free from all trusts declared in any instrument of assignment relating thereto, and the same, together with all after acquired property, and all subscriptions and donations to the funds of the hospital, received or to be received,, shall be held by the said body corporate subject to the trusts and for the purposes in this Ordinance prescribed. TAN TOOK SENG'S HOSPITAL. [VII. OF 1880.] 1037 Debts of and to the Coepoeation. 14. All debts and liabilities of Tan Tock Seng's Hospital, and of Debts by the Committee of Management thereof, existing at the time of the ^f ^ *° *^^ coming into operation of this Ordinance, shall be paid by the said to^be'takeiT body corporate, out of the funds of the Corporation, and all debts oyer. due to, and subscriptions unpaid shall be payable to the said body corporate for the purposes of this Ordinance. Peopekty feeed feom Teusts. 15. The reversion of the term of 99 yfears for which the piece of Reversion of land situate in the district of Singapore town, and described in ALLi's"l^ud° Government deed numbered 1,434, dated the 1st of June, 1857, was given to demised, is hereby declared to vest in the said body corporate ; and Corporation, the remainder of the term of 99 years in the said land assigned by the late Syed Alli bin Mahomed al Junied for the purposes of the said hospital is hereby vested in the said body corporate, free from the trusts declared in the deed of assignment, but subject to this Ordinance ; and in order to commemorate the beneficence of the Commemora- late Syed Alli bin Mahomed al Junied in making a free gift sybd Alli's of his interest in the unexpired portion of the said term to 'Tan beneficence. Tock Seng's Hospital, the said land shall be called " Bfed Alli's land," and, in any demise or disposition of the same, or of any portion thereof, by the said body corporate, shall be so described. 16. The land in the district of Eochore in the island of Singa^ Rochore land pore, marked No. 2 in the Government map of the said district, freed from granted to Tan Kim Ching and Hon Ah Kay, is hereby declared *'^"^*^" to vest in the said body corporate free from the condition to keep clear and cultivated so much of the said land as is not covered by the hospital buildings, but subject to this Ordinance. 17. The land in the Kochore district in the island of Singapore, Ditto, for described in a deed of grant numbered 331, dated the 28th day of '^^'^b.i ground. December, 1875, granted to the Committee of Management of Tan Tock Seng's Hospital for the purpose of being used as a burial ground, is hereby declared to vest in the said body corporate free from the condition to use the same as a burial ground. Coepoeation may hold Lands, &c. 18. The said body corporate shall be able and capable in law to Corporation take, purchase and hold any property, moveable or immoveable, may hold which may become vested in it for the purposes of the said hospital, moveabLand by virtue of any purchase, grant, gift, testamentary disposition, or immoveable, otherwise, and all such property shall be held by the said body corporate for the purposes of this Ordinance. 19. It shall be lawful for the said body corporate to invest any Corporation surplus funds belonging to it, and not required for the current ^rpWunds expenses of the hospital, in the purchase of lands in the town or in purchase of lauds. 1038 [VII. OF 1880.] TAN TOOK SENG'S HOSPITAL. How lands may be assured to the Oorporation. island of Singapore, or in such other manner as may, from time to time, be approved by the Governor. 20. AH lands purchased by the said body corporate, and all lands granted to, or devised to, or for, the purposes of the said hospital, shall be assured to the hospital by the vendor, grantor, personal representative of a devisor or other the person to make the assurance, by a deed, in which it shall be sufficient to set out a description of the land and the quantity to be assured, with a state- , ment that it is sold, granted to, or devised to. Tan Tock Seng's Hospital, whereupon the estate in the lands so purchased, granted, devised, or otherwise assured, shall be held by the said body corporate subject to the trusts and purposes of this Ordinance. Corporation may let lands on lease. Powers of Leasing Lands. 21. It shall be lawful for the said body corporate to demise any of the lands vested in it, for building or other purposes, on lease for any term not exceeding ninety-nine years, reserving the best yearly or monthly rental procurable for the same, and with the ordinary covenants for re-entry in case of non-payment of rent, breach of covenant, and otherwise. How may sell, mortgage, &c. 22. It shall not be lawful for the said body corporate to sell, exchange, mortgage, or otherwise alienate or encumber any of the lands vested in it, except as provided in section 21, without the leave of the Supreme Court, which leave shall be applied for by petition addressed to the Court, setting out the facts and reasons for which the said body corporate desires to sell, exchange, or mort- gage, or otherwise alienate or encumber the lands, and praying for a decree of the Court as in a charity suit. A copy of every such petition shall be served on the Attorney- General, of the Colony for the time being, a reasonable time before the hearing of the petition. The Attorney-General may oppose the prayer of the petition, and if, after hearing him, the Court should be of opinion that it will be for the general advantage of the hospital, and the people for whose ' benefit the hospital is entertained, to grant the prayer of the petition, a decree may be made to that effect, and on the face of the assign- ment, mortgage, or other assurance of the lands to be given to the purchaser, mortgagee, or other person, the application to the Court, and the decree of the Court, shall be set out, and any lands so sold, exchanged, or otherwise alienated, except by way of mortgage, shall be held by the purchaser, or person exchanging, or otherwise taking the land, free of the trusts imposed under this Ordinance. ^°°«yf ^'o™ 23. All monies to be received by the said body corporate on applied. ''' °^ ^^^^ ^^^^ °^ mortgage shall be applied in such manner as the Com- mittee of Management may direct, subject to the provisions of this May not sell, exchange, or mortgage without leave of Court on petition. Copy to Attorney- General. Decree by Court. Assurance to be ftee from trust. CIVIL PEOCEDUEE. [VIII. OP 1880.] 1039 Ordinance, and subject to any direction prayed for in the petition to, or decreed by, the Court. And any lands, so as above provided, mortgaged shall be held by Mortgaged the mortgagee subject to the trusts of this Ordinance, and the lands to^g^f^cT"* so mortgaged shall not be sold by the mortgagee without the leave unless on of the Court, to be obtained by a decree o£ the Court in a suit to be foreclosure, instituted for the foreclosure of the mortgage, when, if the Court decrees that the mortgage is to be foreclosed, the purchaser under the decree shall hold the lands free of the trusts of this Ordinance. Provided always that during the continuance of the existing Syed Alli's term of 99 years for which the land referred to in section 15 as ^^Mmli^^^ Sted Alli's land is held, the said land shall not be sold, exchanged, gaged, &c., mortgaged, encumbered, or alienated, during term ° ° ' ' of 99 years. Oedinanoe how to be CONSTEUED. 24. In case any doubt or ambiguity shall arise, and any con- Doubt or troversy shall take place among the members of the Committee of t™w decided Management as to the interpretation of this Ordinance, or as to the powers of the Committee, the same shall be referred to the Governor in Council, whose decision shall be final. 28. This Ordinance may be cited as " Tan Tock Seng's Hospital Short Title. Ordinance, 1880." Okdinance No. VIII. op 1880. An Ordinance for the further improvement of the Law of Civil Procedure. [31st August, 1880.] FRED. A. WELD, Governor and Commander-in-Chief; Wheeeas it is expedient further to improve the Law of Civil Procedure; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Repeals. 26 The following Indian Acts relating to mercan ile law ceased to be Indian Acts. 1040 [IX. OF 1880.] intestates' estates. in force in the Colony on the 1st day of January, 1879, that is to say :— Indian Act No. VI. of 1840. XIII. „ 1840. XIV. „ 1840. XX. „ 1844. IX. „ 1856. III. „ 1865. V. „ 1866. XV. „ 1866. 28. This Ordinance may be cited as the " Civil Procedure Ordi- nance, 1880," and shall be taken and read as part of the " Civil Procedure Ordinance, 1878."* Ordinance No. IX. of 1880. An Ordinance to provide for the protection of the Estates and Effects of Persons dying Intestate without known Kin. [7th September, 1880.] FRED. A. WELD, Governor. Whereas it is expedient to make better provision by law for the protection and administration of the estates and effects of per- sons dying intestate without known kin ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Estates to vest j^ From and after the decease of persons dying intestate and 0° the^Settifi- without any known kin, and until Letters of Administration shall ment, be granted in respect of their estates and effects, the estates and effects which were of such deceased persons shall be vested in the Registrar pf the Supreme Court at the Settlement where the same or Adminis- may be found, till an Administrator-General or Deputy Adminis- trator-General. trator-General is appointed under section 17 of the Courts Ordi- nance, 1878, at the Settlement, when such estates and effects a,hall be vested in such Administrator-General or Deputy Administrator- General. < * The remainder of'this Ordinance, including the Sched^iles, is InoorpSrated with the Civil Procedure Ordinance, 1878 (Ordinance V of 1878), and will be found with that Ordinance at page 730, et seq. Ord. III. of 1878. intestates' estates. [IX. OF 1880.] 1041 2. The officer in whom estates shall vest under this Ordinance Style of office, shall be styled the " Official Administrator " of the Settlement where he may act. 3. It shall be lawful for the Official Administrator under this Official Ordinance, so soon as he learns, on such evidence as he shall deem ^^^^^trator sufficient, that any person has died intestate, without any known possession of kin, leaving property in the Settlement, forthwith to take possession property. of the estate and effects ■ of such deceased person found in the Settlement, and to provide for the safe custody thereof, until Letters of Administration are granted by the Supreme Court. 4. Any person who shall, without lawful authority or excuse, penalty for remove, or attempt to remove out of the Settlement, any portion of remoTing, &c., such estates or effects, or shall destroy, conceal, or refuse to yield up ^""^ property, the same on demand to the Official Administrator, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding five hundred dollars, with or without imprisonment, which may be rigorous or simple, not exceeding six months. 5. No suit shall be brought against the Official Administrator uo suit for anything done by him, in relation to such property, under the against the authority, or in the execution or intended execution of the powers Adn^aistRrtwu vested in him by section 3 ; but any person who shall feel aggrieved y^d- * T+N, thereby may apply for redress to the Supreme Court, in its Probat^Jl^medy by Jurisdiction, by summary petition verified upon oath; and, upc the hearing of such petition, in Court or in Chambers, the sa Court may take such evidence as it shall think fit, and may mall any Order in relation to such property which the justice of the ca requires. 6. The Official .Administrator shall have a lien upon all such Exp^ property for the reasonable expenses incurred by him in respect ^® the esuite thereof in carrying out the provisions of this Ordinance, and such expenses shall also constitute a primary charge on the estate of the deceased. 7. It shall be lawful for the Supreme Court to make Rules and Supreme Orders, under Chapter XV of the Courts Ordinance, 1878, for the ^°'^^^^ due conduct of the duties of the Official Administrators, and the ™^ ^ ^ ^^' remuneration to be granted to them for their services, and the jg^^^g ' ° securities to be found by them under this Ordinance. Provided that the amount of remuneration to be allowed in any such Rules, shall be subject to the approval of the Governor. 8. Nothing in this Ordinance contained shall be held to affect Powers of the powers granted by sections 38 and 39 of the Police Force ChiefPolioe Ordinance, 1872, to the Chief Police Officers at the several Settle- ^f/^gd. Tnents, to administer all estates in which the value of the property ord. I. of ■does not exceed one hundred dollars in amount. 1872. 9. This Ordinance may be cited as " The Intestates' Estates Short Title. Ordinance, 1880." 3tj 1042 [I. OF 1881.] FEES. Ordinance No. I. or 1881. Fees Act, 1067. Governor in Connoil may fix tables of fees. Publication. Officers may decline to act till payment. Pees, &c., recoverable as fines before a Magistrate. Payments by stamps. An Ordinance to provide for the Levy of Pees and Pay- ments for Licenses. [April 19th, 1881.] FRED. A. WELD, Governor and Commander-in-CMef. Whereas doubts have arisen as to the legality of certain fees heretofore levied by virtue of the repealed Act No XII. of 1867, and otherwise, and it is expedient to remove those doubts and to declare and amend the law thereon ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. It shall be lawful for the Governor, by Order in Council, to fix tables of fees, and of payments for licenses, permits and other- wise leviable or to be leviable, in the Inferior Courts of Civil and Criminal Jurisdiction, and in all public offices and departments in the Colony ; and from time to time to alter and amend such tables of fees and payments for licenses and permits. 2. Every such table of fees and of payments for licenses and permits shall be, as soon as conveniently possible, laid on the table of the Legislative Council, and shall be published in the Govern- ment Gazette of the Colony, and shall have effect from the date of such publication. 3. The officer of any Court, public office, or department required to do anything for which a fee or payment is chargeable under this Ordinance, may decline to do that thihg till the fee is paid, or the payment is made. 4. All fees and payments for licenses and permits prescribed in any such Order in Council shaU be recoverable, when not other- wise provided for, by summary procedure before a Magistrate, in the manner pointed out by law for the recovery of fines and penalties before a Magistrate, on complaint by or for the officer to whom the fee ought to have been paid, or the payment ought to have been made ; and a certificate by such officer that the fee has not been paid, or the payment has not been made, shall be held to be prim^ facie proof of such non-payment. 5. It shall be lawful for the Governor, by Order in Council, to declare that all or any fees, or payments for licenses or permits, in any of the Inferior Courts of Civil and Criminal Jurisdiction, public offices and departments in the Colony, so fixed or to be fixed, shall J)e payable by means of stamps, un,der the laws in force, or to be in force, for the collection of" stamp duties in the Colony. STAMPS. [II. OF 1881.J ] 043 6. Till otherwise provided by any such Order in Oouncilj aU fees Existing tables and payments for licenses and permits, now purporting to be of fees, &c. chargeable and payable by virtue of any Order in CouncU under the repealed Act No. XII. of 1867, or otherwise, shall be held to S'ees Act, have been lawftdly chargeable and payable, and shall continue to ^^®^' be chargeable and payable ; but nothing herein contained shall be held to revive the said Act No. XII. of 1867, further or otherwise than is herein expressly enacted. 7. Nothing herein contained shall be held to affect the amount Fees, &c., of any such fees or payments leviable or chargeable under any Prescribed by written law in force, or to be in force, in the Colony, when express .provision is made as to the amount of such fees or payments in such written law. 8. This Ordinance may be cited as "The Fees Ordinance, 1881." Short Title. Obdinance No. II. of 1881. An Ordinance to consolidate and amend the Law relating to Stamps. ■ [1st September, 1881.} FEED. A. WELD, Governor and Commander-in-Chief. Wheeeas it is expedient to consolidate and amend the law relating to Stamps : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as foUows : — PAKT L Peeliminakt. CHAPTER I Inteepeetation. 1. In this Ordinance, unless there is something repugnant in the Interpretation subject or context, — ° ^"^®' (1.) "Banker" includes a bank and any person acting as a "Banker." banker ; (2.) " BiU of lading " means any instrument sigiied by the « Bill of owner of a vessel or his agent, acknowledging the receipt of goods lading." therein described, and undertaking to deliver the same at a place and to a person therein mentioned or indicated, or to order ; (3.) "Bond" means— "Bond." (a) Any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall 3tj 2 1044 [TI. OF 1881.J STAMPS. ' Chargeable." be void if a specified act is performed, or is not performed, as the case may be ; (b) Any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another. (4.) " Chargeable '' means, as applied to an instrument executed, or first executed, after this Ordinance comes [into force, chargeable under this Ordinance, and, as applied to any other instrument, chargeable under the law in force in the Colony when such instru- ment was executed ; or, where several persons executed the in- strument at different times, first executed ; (6.) "Cheque" means a bill of exchange drawn on a banker and payable on demand ; (6.) " Chief Revenue Authority " means the Colonial Secretary at Singapore, and the Lieutenant-Governor or Resident Councillor at Penang or Malacca. (7.) " Collector " means any officer whom the Governor may, by notification in the Government Gazette, appoint in this behalf by name or in virtue of his office ; and shall include the officer at each Settlement acting as Collector of Stamp duties, at the coming into operation of this Ordinance, so long as such officer shall continue so to act. "Conveyance." (8.) "Conveyance" means any instrument and any decree or order of Court by which propertj' (v/hetber moveable or immoveable) is transferred on sale ; ' Cheque." " Chief Revenue Authority." " Collector." " Duly stamped.' •" Executed," -" Execution." -" Instrument." " Instrument - of partition." " Lease." " Mortgage dead." (9.) " Duly stamped," as applied to an instrument, means stamped, or written upon paper bearing an impressed stamp, in accordance with the law in force in the Colony when such instru- ment was executed or first executed ; (10.) " Executed " and " Execution," with reference to instruments not under seal, mean signed and signature ; (11.) "Instrument" meana and includes every written docu- ment. (12.) " Instrument of partition " means any instrument whereby co-owners of any property divide or agree to divide such property in severalty ; (13.) "Lease " means a lease of immoveable property and includes also : — (a) any instrument by which tolls, rents, or profits of any description are let to farm ; (b) any writing on an application for a lease intended to signify that the application's granted ; (14.) " Mortgage deed " includes every instrument whereby, for the purpos3 of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of au engagement, one person transfers,' or creates, to or in favour of another, a right over specified, property ; STAMPS, [II. OF 1881.] 104)5 (15.) " Paper " includes vellum, parchment, or any other material " Paper." on which an instrument may be written ; (16.) "Policy of insurance" means any instrument by which one "Policy of person, in consideration of a premium, engages to indemnify another iMurance. ' against Joss, damage, or liability arising from an unknown or contingent event ; (17.) "Power of attorney" means any instrument, except a "Power of warrant to act a#3 a Solicitor in a judicial proceeding, empower- attorney, ing a specified person to act in the stead of the person executing it ; (18.) "Receipt" means any note, memorandum, writing, or "^^"^ipt." acknowledgment given for the payment of money, or in acquittal of a debt or demand, or part of a debt or demand, paid in money or otherwise ; (19.) " Settlement " means any non-testamentary disposition in "Settlement." writing, of moveable or immoveable property, made — (a) in consideration of marriage ; (b) for the purpose of distributing property of the settlor among his family or those for whom he desires to pro- vide; or (c) for any religious or charitable purpose ; It includes an agreement in writing to make such a disposition ; (20.) " Stamp " and " Stamped " apply as well to adhesive stamps " Stamp," ^^ as to stamps impressed with a die ; " °^^^^ • (21.) "Vessel" means anything made for the conveyance by "Vessel." water of human beings or property ; (22.) " Written " and " Writing " include every mode in which "Writteii,'' words or figures can be expressed upon paper. ' ™^' PART II. Stamp Duties. CHAPTER II. Of the Liability of Instruments to Duty. Bank Cheques. 3. I. It shall be lawful for the Governor in Council, by an Order Cheques drawn- to be published in the Government Gazette, to authorise any Bank guppM^by a doing business in the Colony to compound for the payment of un- privileged stamped cheques on the following conditions : — Bank need _ . not bear a (a) That the said cheques be drawn and issued on forms to be Stamp. supplied by the said Bank. (b) That the said Bank do levy upon or charge to the person to whom such cheques are issued the Stamp Duty mentioned in the first Schedule.* * The Schedules to this Ordinance were repeuled and all the other amendments effected by the Stamp Ordinance, 1885 (Ordinance X. of 1885). 1046 [11. OF 1881.] STAMPS. (c) That the said Bank do pay, on the Isfc January and 1st July in each year, to the Collector of Stamps, the amount due and collected thereon as duties on such unstamped cheques, less five cents per dollar to be allowed to such Bank as discount on the sum so due and collected as Stamp Duty. II. Cheques drawn and issued on forms so supplied by such Bank as aforesaid may be paid without bearing on them the Stamp mentioned in the first Schedule.* Composition allowed of duty on bank notes. Bankers to render ac- count of monthly cir- culation. Mode of ascertaining the average in. circulation. Inspection of Banker's books. Bank notes may be re- issued. Bank notes and Banker Bank Notes. 4. (i.) — The Governor may authorise any Banker having authority to issue hank notes upon giving such security for pay- ment of the composition hereinafter _ mentioned and for keeping produciTig and rendering accounts as the Governor may think fit to issue hank notes on unstamped paper and to compound for the duty payable thereon by payment to the Collector within the first five days of each month of one-forty-eighth per cent, on the average value of such notes in circulation during tJie immediately preceding month. (ii.) — Every Banker issuing bank notes shall on the first day of each month transmit to the Collector an account of the average circulation of his notes during the immediately preceding month signed by himself and by his Accounta/nt and in the case of a company or partnership by the Manager or .a Partner and by the Accountant. (iii.) — To ascertain the m,onthly average the aggregate value of the notes in circulation on every day of business during the month shall he 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. All bank notes shall be deemed to be in circulation from the time the same shall have been issued until the same shall have been actually returned. (iv.) — Every book of every Banker in which is entered any account minute or memorandum of or relating to the bank notes issued by him or in circulation or any account 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 Collector who shall be at liberty to take copies thereof or extracts therefrom : provided always that the Collector shall not exercise the powers aforesaid without the authority of the Oovernor i/n Council. (v.) — Bank notes issued under the provisions^ of this section may be from time to time reissued without being liable to amy Stamp duty by reason of such reissuing. (vi.) — The term " bank note " means and includes : — (a.) — Any bill of exchange or promissory note issued by any banker for the payment of money not exceeding five hun- dred dollars to the bearer on demand. * The Schedules to this Ordinance were repealed and all the other amendments effected by the Stamp Ordinance, 1885 fOTdinance X. of 1885^. STAMPS. [II. OF 1881.] 1047 (b.) — Any hill of exchange or promissory note so issued which entitles or is intended to entitle the bearer or holder thereof without endorsement or without any fv/rther or other endorsement than may be thereon at the time of the issuing thereof to the payment of money not exceeding five hundred dollars on demand whether the same he so expressed or not and i/n whatever form and by whomsoever such bill or note is dra/wn or made. The term " Banker " m,eans and includes any corporation society partnership and persons and every individual person carrying on the business of banking in the Colony, Several Instruments. 5. Where, in the case of any sale, lease, mortgage, or settlement. Several instni- several instruments are employed for completing the transaction, ments used in the principal instrument only shall be chargeable with the duty ^^^f^ transac- prescribed for the conveyance, lease, mortgage, or settlement in the first schedule, and each of the other instruments shall be charge- able with a duty of half a dollar only. The parties maj' determine for themselves which of the instru- ments so employed shall, for the purposes of this section, be deemed to be the principal instrument. Several Matters. 6. Any instrument comprising or relating to several distinct instruments matters shall be chargeable with the aggregate amount of the relating to duties with which separate instruments, each comprising or relating ^attera. '^*'"°* to one of such matters, would be chargeable under this Ordinance. Subject to the provisions of the first clause of this section, an instruments instrument so framed as to come within two or more of the de- coming -within scriptions in the first Schedule shall, where the duties chargeable tte„''^^L^^"'"P' thereunder are different, be chargeable only with the highest, or Schedule I. one of the highest, of such duties ; but nothing herein contained shall render chargeable with duty exceeding half a dollar a counter- part or duplicate of any instrument chargeable with duty and in respect of which the pi'oper duty has been paid. CHAPTER III. Of Stamps and the Mode of using them. 7. I. Except as otherwise expressly provided in this Ordinance, Duties how to aU duties with which any instruments are chargeable shall be paid, ^^ P"^ and such payment shall be indicated on such instruments, by roeians of stamps — (a) according to the provisions herein contained ; or (b) when no such provision is applicable thereto, as the Governor in Council* may by rule direct, as provided by sections 66 and 67. * Vox Order in Council, see Government Gazette of August 12, 1881, p. 726. 1048 [II. OF 1881.J STAMPS. II. The rules made under this section may, among other matters. regulate — (!) in the case of each kind of instrument, the description of stamps ■which may be used ; (2^ in the case of instruments stamped with impressed stamps,. the number of stamps which may be used, and how the stamps are to be cancelled. stamps to be used except in specified cases. Cancellatioii of adhesive stamps. When deemed unstamped. Executed before Ordi- nance. "When to be deemed duly How certified. Stamps. 8. All duties are to be denoted by impressed stamps except in the cases following in which either impressed or adhesive stamps or both together may be used, viz. : — (a) — Instruments chargeable with the duty of three cents. (b) — Bills of exchange. (c) — Promissory notes drawn or m,ade out of the Colony. {d) — AgreeTnents and charter parties. (e) — Transfers of shares in Public Companies or Associations.* Cancellation of Adhesive Stamps. 9. I. Whoever affixes any adhesive stamp to any instrument chargeable with duty and which has been executed by any person, shall, when affixing such stamp, cancel the same, by writing or marking distinctly the date in ink, either wholly on the stamp, or partly on the stamp and partly on the paper on which the stamp is affixed, or in such other manner as the Governor in Councilf may, from time to tiine, direct, so that the stamp cannot be used again ;; and whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, imless such stamp, has been already cancelled in manner aforesaid, cancel the same in manner aforesaid, so that it cannot be used again. II. Any instrument bearing an adhesive stamp which has not. been so cancelled so that it cannot be used again shall, so far as such stamp is concerned, be deemed to be unstamped. III. The stamp or stamps on any instrument produced after, and executed before, the passing of this Ordinance shall be deemed to be duly cancelled if cancelled as prescribed by this section, and the instrument shall be deemed to be duly stamped, if it be shewn to the satisfaction of the Collector, or of a Court or person having by law or consent of parties authority to receive evidence, that, at the time of the execution of the instrument, a stamp or stamps of the proper value was or were affixed on the instrument ; and if so- satisfied, the Collector shall, on application by the holder, or other person producing the instrument before him, certify the same, by writing or causing to be written on the instrument the words " duly stamped," and shall add his signature or initials thereto, and the day, month and year on which the signature or initials was or were written. * See footnote to section 3. t For Order in Council, see Government Gazette of August 12, 1881, p. 726. STAMPS. [II. OF 1881.J 104.9 EuLES FOR Use of Stamps. 10. Every instrument wiitten upon paper stamped with an im- How instra- pressed stamp, shall be written in such manner, that the stamp may ™e°tswith appear on the face of the instrument and cannot be used for or stamps are to applied to any other instrument. be written. 11. No second instrument chargeable with duty shall be written Only one upon a piece of stamped paper upon which an instrament charge- 'instrument fo able with duty has already been written : stamp. Provided that nothing in this section shall prevent any endorse- Except ment which is duly stamped or is not chargeable with duty being endorsements. made upon any instrument for the purpose of transferring or ex- tinguishing any right created or evidenced thereby, or of acknow- ledging the receipt of any money or goods, the payment or delivery of which is secured thereby, or of any power of attorney or other instrument immediately connected with the proper use or operation of the principal instrument. 12. Every instrument written in contravention of section 10 or What 11 shaU be deemed to be unstamped. ' ^^^^^m^i- Other Instruments. 13. Where the duty with which an instrument is chargeable, or Denoting its exemption from duty, depends in any manner upon the duty ^"^y* actually paid in respect of another instrument, the payment of such last mentioned duty shall, on application to the Collector for that purpose, and on production' of both the instruments, be denoted upon such first mentioned instrument, by the Collector writing thereon the words " Duty paid " with his signature and the date, or in such other manner as the Governor in Council may by rule prescribe. Agreement Stamps. 14. I. When an agreement is evidenced by one Agreements or more letters between the parti eis, which letters were not stamped depending om before being used, it shall be lawful for the Collector, on being stamped, satisfied that the omission to have the letter or letters stamped did not arise from an intention to evade payment of stamp duty, to impress the proper stamp on the letter, or on any one of the letters, evidencing the contract, on payment of the duty .... . . . and a further duty of one dollar by way of adjudication fee. II. On stamping any letter under this section, the Collector shall How certified, write, or cause to be written, on the letter, the words "duly stamped," and shall add his signature or initials thereto, and the day, month and year in which the letter was stamped. III. When a letter is so stamped, all the letters forming together proof how the agreement may be used in evidence to prove the agreement maM. stated, or partly stated, in the letter so stamped. 1050 [11. OF 1881. J STAMPS. Instruments to be stamped on execution ; Or on reason- able cause shown -within three days after. How certified. CHAPTER ly. Of the Time of Stamping Instruments. In the Colony. 15. Subject to the provisions of the next succeeding section, all instruments chargeable with duty and executed by any person in the Colony shall be stamped before, or at, the time of execution. 16. Any instrument unstamped or not sufficiently stamped and requiring an impressed stamp, may be stamped by the Collector at any time within three days, exclusive of Sundays and holidays, if the Collector be satisfied that the omission to stamp has not arisen from intent to evade the stamp duties. On stamping any instrument under this section, the Collector shall write, or cause to be written, on the instrument the words " duly stamped," and shall add his signature or initials thereto, and the day, month and year on which the instrument was stamped. Out of the Colony. Instruments 17. .Every instrument chargeable with duty executed only out to be stamped, of the Colony, and not being a bill of exchange, cheque, or pro- missory note, may be stamped at any time before being used in the Colony ; or where such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken, at any time before being used in the Colony, to the Collector, and he shall stamp the same, in such manner as he may think fit, with a stamp of such value as the person so taking such instrument may require and pay for. Bills, cheques, and notes drawn out of the Colony. Proviso. Bills of Exchange. 18. The first holder in the Colony of any bill of exchange, cheque, or promissory note drawn or made out of the Colony shall, before he presents the same for payment, or endorses, transfers, or otherwise negotiates the same in the Colony, affix thereto ^the proper stamp and cancel the same: If, at the time any such bill, cheque, or note comes into the hands of any holder thereof in the Colony, the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 9, and such holder has no reason to believe that sudi 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. When holder If at any time when such bill or note comes into the hands of may cancel ^^y. ]3on^ fide holder thereof there is affixed thereto the proper adhesive stamp not duly cancelled, it shall be competent for such STAMPS. [II. OF 1881.] 1051 holder to cancel such stamp as if he were the person hy whom it was affixed, and upon his so doing such bill or note shall be deemed duly stamped. Nothing contained in this proviso shall relieve any person Penalties. from any penalty incurred by him for omitting to affix or cancel a stamp. CHAPTER V. Of Valuation for Duty. 19. I. Where an instrument is chargeable with ad valorem duty Conversion .» . T • T L T r of amount m respect ot an amount expressed m pounds sterlmg, rupees, irancs, expressed in guilders, taels, or Siamese ticals, such duty shall be estimated ac- certain cording to the following scale, that is to say : — currencies. 20 Pounds Sterling as equal to ^100, Colonial currency. 220 Rupees do. do. 500 Francs do. do. 250 Guilders do. do. 70 Taels do. do. 165 Siamese ticals do. do. II. It shall be lawful for the Governor, from time to time, by an Alteration. Order in Council to be published in the Government Gazette, to alter all or any of the above specified rates of exchange, and also to fix the rates of exchange at which stamp duty shall be payable on instruments expressed in any other description of currency. III. When the scale is not fixed, as above prescribed, for any Proviso, particular currency, it shall be calculated at the current market rate of exchange on the day of the date of the instrument, or on the day it is stamped, if executed out of the Colony. 20. Where an instrument is chargeable with ad valorem duty in Stock and respect of any stock or of any marketable security, such duty shall ™arketal)le •/ ' •/ S6curitics xiow be calculated on the value of such stock or security according to valued. the average price thereof on the day of the date of the instrument. 21. Where an instrument contains a statement of current rate of Effect oE state- exchange, or average price, as the case may require, and is stamped ^^"xclmMe in accordance with such statement, it shall, so far as regards the or average subject matter of such statement, be presumed, until the contrary is p™e. proved, to be duly stamped. Interest. 22. Where interest is expressly made payable by the terms of Instruments an instrument, such instrument shall not be chargeable with duty J'^^erving higher than that with which it would have be^n chargeable had no mention of interest been made therein. 1052 [II. OF 1881.] STAMPS. How transfer in considera- tion of debt, or subject to future pay- ment, &c., charged. Debt or furthee Payment. 23. Where any property is transferred to any person in con- sideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or in- cumbrance upon the property or not, such debt, money, or stock is to be deemed the whole or part, as the case may be, of the c^in- sideration, in respect whereof tlie transfer is chargeable with ad valoreai duty. Valuation in case of annuity, &c. Annuities. 24. Where an instrument is executed to secure the payment of an annuity, or other sum ' payable periodically, or where the con- sideration 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 Ordinance, be deemed to be — (a) where the sum is payable for a definite period so that the total amount to be paid can be previously 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 conveyance, the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of fifteen years next after the date of such instrument or con- veyance; and (c) where the sum is payable for an indefiriite time, terminable with any life in being at the date of such instrument or conveyance, the total amount which will or may be pay- able as aforesaid during the period of ten years next after the date of such instrument or conveyance. Stamp where value of sub- ject matter is indeterminate. Ad Valorem. 25. Where the amount or value of the subject matter of any in- strument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before this Ordinance comes into operation) could not have been, ascertained, 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. Facts affecting duty to be set forth in instrument. Facts to be set out. 26. The consideration (if any) and all other facts and circum- stances affecting the chargeability of any instrument chargeable with duty, or the amount of the duty vsdth which it is chargeable, shall be fully and truly set forth therein. STAMPS, [II. OF 1881.J 1053 Conveyances. 27. (a) Where any property has been contracted to be sold for Direction as one consideration for the whole, and is conveyed to the purchaser *° ^"*^" in separate parts by diiFerent instruments, the consideration shall be apportioned in such manner as the parties think fit, so that a dis- tinct consideration for each separate part is set forth in the con- separate veyance relating thereto, and such conveyance shall be chargeable parcels, with ad valorem duty in respect of such distinct consideration. (b) Where property contracted to be purchased for one con- Joint sideration for the whole, by two or more persons jointly, or by any purchases, 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 of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified. (c) Where a person having contracted for the purchase of any Sub-purchases, property, but not having obtained a conveyance thereof, contracts to sell the same to any other person, and the property is in conse- quence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty in respect of the con- sideration for the sale as if made by the original purchaser to the sub-purchaser. (d) Where a person having contracted for the purchase of any Joint sub- property, but not having obtained a conveyance thereof, contracts Purchases, to sell the whole, or any part thereof, to any other person or persons, and the property is in 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 mentioned conveyance shall in no case be less than half a dollar. (e) Where a sub-purchaser takes an actual cenveyance of the Additional interest of the person immediately selling to inm, 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 two dollars, with a duty of two dollars. assurances. 1054. [II. OF 1881. J STAMPS. CHAPTER VI. Duty by whom Payable. Duties by 28. In the absence of an agreement to the contrary, the expense whom payable. o£ providing the proper stamp shall be borne — (c) in the case of a conveyance ; — by the grantee ; (d) in the case of a ]ea,se or agreement to lease ; — by the lessee or intended lessee ; (e) in the case of a counterpart of a lease ; — by the lessor ; (f) in the case of an instrument of partition ; — by the parties thereto in proportion to their respective shares in the property comprised therein ; (g) in the case of an instrument of exchange ; — by the parties in equal shares. CHAPTER VII. Adjudication as to proper stamp. Collector may call for abstract and evidence. Proviso. Adjudication as to Stamps. 29. When any instrument, whether executed or not, and whether previously stamped or not, is brought to the Collector, 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 Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable ; and may, for that purpose, require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary, to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fuUy and. truly set forth therein ; and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly : Provided that no evidence furnished in pursuance of this section .shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable ; and 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, forfeiture, or disability he may have incurred under this Ordinance, by reason of the omission to state truly in such instru« ment any of the facts or circumstances aforesaid. STAMPS. [II. OF 1881.J 1055 Collector's Oeetificate. 30. I. When an instrument brought to the Collector under Certificate by section 29 is, in his opinion, one of a description chargeable with CoUector. duty, and (a") the Collector determines that it is already fully stamped ; or (b) the duty determined by the Collector under section 29, or such a sum as, -with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument Full duty that the full duty (stating the amount) with which it is chargeable P^'^- has been paid. II. When such instrument is, in his opinion, not chargeable with Not charge- duty, the Collector shall certify in manner aforesaid that such able, instrument is not so chargeable. III. Any instrument upon which an endorsement has been made Deemed to be under this section shall be deemed to be duly stamped, or not *"'y stamped, chargeable with duty, as the case may be ; and if chargeable with duty, shaU be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped : IV. Nothing in this section shall authorise the Collector to When endorse— CoUeotor not (a) any instrument executed or first executed in the Colony and brought to him after the expiration of one month 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 it has been first used in the Colony; or (c) any instrument chargeable with the duty of three cents or any bill of exchange, or promissory note, when brought to him after the drawing or execution thereof on paper not duly stamped. to certify. CHAPTEE VIII. Instruments not duly Stamped. Impounding. 31. I. Every person having by law or consent of parties autboritj'- Examination to receive evidence, and every person in charge of a public office, ai*^ impound- before whom any instrument chargeable in his opinion with duty "Ltg °^*f"' is produced or comes, in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same. 1056 [II. OF 1881.] STAMPS. Summary Criminal Jurisdiction Ordinance, 1872. II. For that purpose every such person shall examine every in- strament so chargeable and so produced or coming before him, in. order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in the Colony when such instrument was executed or first executed : Provided that nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court in the first instance to examine or impound any instrument coming before him in the course of any proceeding other than a proceeding under chapter IV or chapter VI of the Ordinance No. XIII. of 1872 : Provided also that, in the case of a Judge of the Supreme Court, the duty of examining and impounding any instrument under this section shall be performed by the Eegistrar or Deputy Registrar, or such other officer as the Court appoints in this behalf. III. The Governor may, from time to time, in cases of doubt, determine who shall be deemed to be, or to have been, for the purpose of this section, persons in charge of public offices. Instruments not duly stamped ■inadmissible in evidence. When admissible on payment of duty and penalty. and in certain criminal pro- ceedings. Summary Criminal Jurisdiction Ordinance, 1872. Admission of instrument not to be questioned. Admissible on Payment. 32. No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, ragistered, or authenticated by any such person or by any public officer, unless such instrument is duly stamped : Provided that : — 1st, any such instrument, not being an instrument chargeable with a duty of three cents only, or a bill of exchange, or promis- sory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of fifty dollars, or when ten times the amount of the proper duty or deficient portion thereof exceeds fifty dollars, of a sum equal to ten times such duty or portion ; • 2nd, nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court other than a proceeding under chapter IV or chapter VI of the Ordinance No. XIII. of 1872. 3rd, when an instrument has been admitted in evidence, such admission shall not, except as provided in section 48, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. Instruments impounded how dealt with. Reference to Collectoe. 33. I- When the person impounding an instrument under section 31 has, by law or consent of parties, authority to receive evidence, and admits such instrument in evidence upon'payment of STAMPS. [II. OF 1881.] 1057 a penalty as provided by section 32, he shall send to the Collector an authenticated copy, or a memorandum of the date and descrip- tion of such instrument, together with a certificate in writing, stating the amount of the duty and penalty leyied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf. II. In every other case, the person so impounding an instrument shall send it in original to the Collector. 34. When a copy or memorandum of an instrument is sent to a Collector's Collector under the first paragraph of section 33, he may, if he refunyp°e„alty thinks fit, upon application made to biin in this behalf, refund any paid, portion of the penalty in excess of two dollars and a half which has been paid in respect of such instrument ; or when such instrument has been impounded only because it has been written in contra- vention of section 10 or section 11, he may refund the whole penalty so paid. CoLLECTou's Certificate. 35. I. When the Collector impounds any instrument under Collector's section 31, or receives any instrument sent to him under the P°'^®'?° second paragraph of section 33, he shall adopt the following pro- ments im- cedure: — pounded. (a) If he is of opinion that such instrument is duly stamped, or Duly stamped. is not chargeable with duty, he shall certify by endorse- °l^°^ charge- ment thereon that it is duly stamped, or that it is not so chargeable, as the case maybe, and shall, upon application made to him in this behalf, deliver such instrument to the person from whose possession it came into the hands of the ofiicer impounding it, or as such person may direct. (b) If the Collector is of opinion that such instrument is Payment of chargeable with duty and is not duly stamped, he shall p^Ji^it"* require t!ie payment of the proper duty, or the amount required to make up the same, together with a penalty of fifty dollars ; or if ten times the amount of the proper duty, or of the deficient portion thereof exceeds fifty dollars, then such penalty, not less than two dollars and a half and not more than ten times the amount of such duty or portion, as he thinks fit : Provided that, when such instrument has been impounded only Provisa because it has been written in contravention of section 10 or section 11, the Collector " may, if he thinks fit, remit the whole penalty prescribed by this section. II. Every certificate under clause (a) of this section shall, for the Certificate-,, purposes of this Ordinance, be conclusive evidence of the P'°°^- matters stated therein. III. Nothing in this section applies to an instrument chargeable Exceptions, with a duty of. three cents only or to a bill of exchange, or promissory note. 3 X 1058 [II. OF 1881.J STAMPS. Instruments unduly stamped by accident. Exceptions over 14 days. Eectification. 36. If any instrument chargeable with duty and which is not duly stamped is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped, and ofiers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake, or urgent necessity, he may, instead of pro- ceeding under sections 31 and 35, receive such amount and proceed as next hereinafter prescribed. Nothing in this section applies to an instrument chargeable with a duty of three cents only, or to a bill of exchange, or promissory- note, if not produced to the Collector within fourteen days from the date of its execution or first execution or the date of its arrival in the Colony if executed out of the Colony. Endorsement of instru- ments on which duty has been paid under section 32, 35, or 36. Admissible. When to be given up. Endoesement op proper Duty. 37. I. When the duty and penalty, if any, leviable in respect of any instrument have been paid under section 32, section 35, or section 36, the person admitting such instrument in evidence, or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty, or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them. II. Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenti- cated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct : Provided that any instrument, which has been admitted in evidence upon payment of duty and a penalty under section 32, may be detained if the Collector certifies that its detention is necessary, and may be kept until he has cancelled such certificate. Prosecution not barred. Proviso. Prosecutions. 38. The payment of a penalty under this chapter in respect of an instrument shall not bar the prosecution of any person who appears to have committed an ofience against the stamp law in jespect of such instrument : But no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty. STAMPS. [II. OF 1881.] 1059 Remedy for Duties and Penalties. 39. When any duty or penalty has been paid, under section 14, Eeoovery of section 16, section 29, section 32, sectioD 35, section 36, section 44, nenait^t:o section 46, section 47, or section 48, by any person in respect of persons origi- an instrument, and by agreement, or under the provisions of°^%respon. section 28, or any other enactment in force at the time such ^' ^' instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid ; and for the purpose of such recovery any certificate granted in respect of such instrument under this Ordinance, shall be conclusive evidence of the matters therein certified. Remission of Penalties. 40. When any penalty is paid under section 32 or 35, the Chief Remission of Revenue Authority may, upon application in writing made within P®^^i*y P^J* one year from the date of the payment, refund such penalty wholly 32 or 35. or in part. Loss OF Instruments. 41. If any instrument sent to a Collector under the second Non-liability paragraph of section 33 be lost, destroyed, or damaged during foi" loss of transmission, the person sending the same shall not be liable for gent under^ such loss, destruction, or damage. section 33. When any instrument is about to be so sent, the person, from Copy may be whose possession it came into the hands of the person impounding: ™*^^ °^ instru- J.T- • j.1. i? J. T_ J J. ±1 ments so sent, the same, may require a copy thereoi to be made, at the expense of such first mentioned person, and authenticated by the person impounding such instrument. Unstamped Bills, &c. 42. When any biU of exchange or promissory note chargeable Po'^er of with the duty of three cents, or any cheque, is presented for pay- ^^^^p ^"y^ ment unstamped, the person to whom it is so presented may affix notes, and ' thereto the necessary adhesive stamp ; and, upon cancelling the cheques same in manner herein-before provided, may pay the sum payable ^j^'^^. ^ upon such bill, note, or cheque, and may charge the duty against stamped, the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill, note, or cheque shall, so far as respect,s the duty, be deemed good and valid. But nothing herein contained shall relieve any person from Proviso, any penalty he may have incurred in relation to such bill, note, or cheque. 43. Every payment of a fee or stamp penalty under this Part Payment of and section 48 shall be made in stamps. fee. 3x2 1060 [11 OP 1881.] STAMPS. PAET III. CHAPTER IX Procedure where Col- lector feels doubt as to duty charge- able. Eefeeence and Revision. By Revenue Authority. 44. If the Collector, acting under section 29, section 35, or section 36, or otherwise, feels doubt as to the amount of duty with which anj'- instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Revenue Authority, and such Authority shall consider the case and send a copy of his decision to the Collector, who shall proceed to assess and charge the duty, if any, in conformity with such decision. Reference by Revenue Authority to Supreme Court. Power of Court to call for further particulars. Procedure in disposing of reference. Kefereuce by other Court to Supreme Court. By Supseme Court. 45. I. The XJhief Revenue Authority may state any case referred to him under section 44, or othei-wise coming to his notice, and refer such case to the Supreme Court. II. If the Supreme Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Chief Revenue Authority by which it was stated, to make such additions thereto, or alterations therein, as the Court may direct in tliat behalf. 46. The Supreme Court, upon the hearing of any such case, shall, after hearing both parties interested or their counsel if he or they appear, decide tlie questions raised thereby, and shall deliver its judgment thereon, containing the grounds on which such deci- sion is founded : and it shall send to the Chief Revenue Authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Registrar, and the Chief Revenue Authority shall, on receiving such copy, dispose of the case conformably to such judgment. 47. If any Court, other than the Supreme Court, or any person having by law or consent of parties authority to receive evidence, feels doubt as to the amount of duty to be paid in respect of any instrument under the first proviso to section 82, the Court, or person, may draw up a statement of the case and refer it for the decision of the Supreme Ceurt, and such Court shall deal with the case as if it had been referred under section 45, and send a copy of ics judgment, under the seal of the Court and the signature of the Registrar, to the Court, or person, making the reference, which Court, or person, shall, on receiving such copy, dispose of the case conformably to such judgment. STAMPS. [II. OF 1881.J 1061 Appeal fkom Inferior Courts. 48. I. When any Court, other than the Supreme Court, or any Revision of person having by law or consent of parties authority to receive s^J^s"f^""'fg evidence, makes any order admitting any instrument in evidence regarding the as duly stamped, or as not requiring a stamp, or upon payment of sufficiency of duty and a penalty under section 32, the Supreme Court may, of ^'^™P^- its own motion, or on the application of the Collector, take such order into consideration ; and if it is of opinion that such instru- ment should not have been admitted in evidence without the pay- ment of duty and penalty under section 32, or without the payment of a higher duty and penalty than those paid, may record a decla- ration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person, in whose possession or power such instrument then is, to produce the same, and may impound the same when produced. II. When any declaration has been recorded under this section^ popy or ihe Supreme Court shall send a copy thereof to the Collector, and, |,"'sent^'^ " where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument ; and thereupon the Collector may, notwithstanding Collector may anything contained in the order admitting such instrument in Prosecute, evidence, or in any certificate granted under section 37, or in section 38, prosecute any person for any ofience against the stamp law which the Collector considers him to have committed in respect of such instrument : Provided that no such prosecution shall be instituted where the Intention to amount (including duty and penalty) which, according to the ^^^^^• determination of the Supreme Court, was payable in respect of the instrument under section 32 is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment o£ the proper duty : Provided also that, except for the purposes of such prosecution. Proviso, no declaration made under this section shall affeot , the validity of any order admittingv any instrument in evidence, or of any certi- ficate granted under section 37. Fees and Costs. 49. No Court fees shall be chargeable, and no costs as between Court fees party and party shall be allowed, on any proceeding before the ^"'^ '^°'''' Supremo Court under this Part. 1062 [II. OF 1881,J STAMPS. PART IV. CHAPTER X. Spoiled and Misused Stamps. AUowanoe for spoiled stamps. before execu- tion. Bill of Exchange, &c., not negotiated. Ditto cancelled after negotiation, ■when. On instru» ments : found void by Court; unfit from error ; Spoiled Stamps. 50. Subject to such rules as may be made by the Governor in Council* as to the evidence which the Collector may require, allowance shall be made by the Collector for stamps spoiled in the cases hereinafter mentioned, namely : — (a) The stamp on any paper inadvertently and undesignedly spoiled, obliterated, or by any means rendered unfit for the purpose intended, before any instrument written thereon is executed by any person ; (b) The stamp used or intended to be used for any bill of exchange, cheque, or promissory note, signed by or on behalf of the drawer or intended drawer, but not delivered out of his hands to the payee or intended payee, of any person on his behaJf, or deposited with any person as a security for the payment of nioney, or in any way negotiated, issued, or put in circulation, or made use of in any other manner, and which being a bill of exchange, or cheque, has not been accepted by the drawee, and pro- vided that the paper on which any such stamp is impressed does not bear any signature intended as or for the accept- ance of any bill of exchange, or cheque, to be afterwards written thereon ; (c) The stamp used or intended to be used for any bill of exchange, cheque, or promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, or cheque, may have been presented for acceptance, or accepted or endorsed, or, being a promissory note, may have been delivered to the payee ; provided that another completed and duly stamped bill of exchange, cheque, or promissory note is produced identical in every particular, except in the correction of such omission or error as aforesaid, with the spoiled bill, cheque, or note ; (d) The stamp used for any of the following instruments, that is to say : — (1) an instrument executed by any party thereto, but afterwards found by a competent Court to be absolutely void in law from the beginning ; (2) an instrument executed by any person, but after- wards found unfit, by reason of any error or * For Order in Council, see Government Gazette of March 10, 1883, p. 263. STAMPS. [II. OP 1881.] 1063 mistake therein,, for the purpose originally intended ; 3) an instrument executed by any party thereto, but ditto from which, by reason of the death of any person, by refusal to whom it is necessary that it should be executed, execute by without having executed the same, or of the °^^^^ P"^ °^ refusal of any such person to execute the same, monies, &c. • or to advance any money intended to be thereby secured, cannot be completed so as to effect the intended transaction in the form proposed ; (4) an instrument executed by any party thereto which, "°^* ^°™ for want of the execution thereof by some execution by material party, and his inability or refusal to other party; sign the same, is in fact incomplete and in- sufficient for the purpose for which it was intended ; (5) an instrument executed by any party thereto ™flt from which, by reason of the refusal of any person to '^^^^^40°^^ . act under the same, or by the refusal or non- acceptance of any office thereby granted, totally fails of the intended purpose ; (6) an instrument executed by any party thereto which useless, from becomes useless in consequence of the transaction ^^ing"^ected intended to be thereby effected being effected by by another some other instrument duly stamped ; instrument ; (7) an instrument executed by any party thereto inadvertently which is inadvertently and undesignedly spoiled, replaced by and in lieu whereof another instrument made another between the same parties and for the same instrument, purpose is executed and duly stamped : Provided that, in the case of an executed instrument, — Proviso. (a) such instrument is given up to be cancelled ; and Instrument given up ; (b) the application for relief is made within six months after application to the date of the instrument, or, if it is not dated, within. ^^. '^?^^. six months after the execution thereof by the person by months!''' whom it was first or alone executed, except where, from unavoidable circumstances, any instrument for which another instrument has been substituted cannot be given up to be cancelled within the aforesaid period, and in that case within six months after the date or execution of the substituted instrument, and except where the spoiled instrument has been sent out of the Colony, and in that case within six months after it has been received back in the Colony : Provided also that, in the case of stamped paper not having any tfnexecuted executed instrument written thereon, the application for relief is instrument. made within six months after the stamp has been spoiled as aforesaid. 1064 [11. OF 1881.J STAMPS. Allowance where wrong stamp used, or of too great value, or useless under "jgction 10, Misused Stamps. 51. When any person has inadvertently used, for an instrument chargeable with ' duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Ordinance, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty, or when any stamp used for an instrument has been inadvertently rendered useless under section 1 2 owing to such instrument having been written in contravention of the provisions of section 10, the Collector may, on application made within six months after the date of the instrume7it, 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 chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless. Exchange of Stamps. Allowance 52. In any case in which allowance is made for spoiled, unused, under sections or misused stamps, the Collector may give in lieu thereof : — by exchange ^^^ other stamps of the same description and value ; or (b) if required, and he thinks fit, stamps of any other descrip- tion to the same amount in value. within six months. Penalty for negotiating Bill of exchange not duly stamped : -executing other instrument ; .proxy ; penalty. Poialty already paid. Failure to cancel adhe- sive stamp. PART V. CHAPTER XI. Criminal Offences and Pkosecutions. 53. Any person drawing, making, issuing, endorsing, or trans- ferring, or signing otherwise than as a witness, or presenting for payment, or paying, or receiving payment of, or in any manner negotiating any bill of exchange, cheque, or promissory note without the same being duly stamped ; any person executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped ; and any person voting or attempting to vote under any proxy not duly stamped shall,' for every such offence, be punished with fine, which may extend to two hundred and fifty dollars. Provided that, when any penalty has been paid in respect of any instrument under section 32, section 35, or section 48, 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 in- strument upon the person who paid such penalty. 54. I. Any person required by section 9 to cancel an adhesive stamp and failing to cancel such stamp in manner prescribed by that section, shall be punished with fine, which may extend to fifty dollars. STAMPS. [11. OF 1881 .] 1065 II. Any person who wilfully accepts from another as duly Penalty for stamped an instrument required by this Ordinance to be stamped, accepting an on which instrument a stamp has been used, which stamp, he knows, stamped with or has reasonable cause to believe, has been already used, shall be used stamp. punished with fine, which may extend to fifty dollars. 55. I. Any person who, with intent to defraud the Government Omission to of any duty, — """"ply ^'* •z •/ ' ^ ^ ^ provisions of (a) executes any instrument in which all the facts and circum- section 26. stances required by section 26 to be set forth in such instrument are not fully and truly set forth ; or (b) being employed or concerned in or about the preparation of any instrument, neglects, or omits, fully and truly to set forth therein all such facts and circumstances, shall be punished with fine, which may extend to one thousand dollars. 56. Any person who, being required under section 72 to give a Refusal to give receipt, refuses, or neglects to give the same, or who, with intent to receipt. defraud the Government of any duty, upon a payment of monev ^^"^^"^^ *" or delivery of property exceeding ten dollars in amount or value, receipts, gives a receipt for an amount or value not exceeding ten dollars, or separates or divides the money or property paid or delivered, shall be punished with fine, which may extend to fifty dollars. 57. Every person who — (a) receives, or takes credit for, any premium or consideration Not making for any contract o£ insurance, and does not, within ten days policy. after declaration of interest by the insurer, make out and execute a duly stamped policy of such insurance ; or (b) makes, executes, or delivers out any policy which is not Or making, duly stamped, or pays or allows in account, or agrees to pay po";/"^ t or allow in account, any money upon, or in respect of, any such duly stamped, policj', shall be punished with fine, which may extend to one hundred dollars. 58. Any person drawing or executing a Not drawing policy o£ marine insurance purporting to be drawn or executed in a f°'l number set of two or more, and not at the same time, or within twenty- "oi^'f ^' °^ four hours, drawing or executing, on paper duly stamped, the whole sets.. number of ... . policies of which such . . . . policy purports the set to consist, shall be punished with fine, which may extend to five hundred dollars. 59. Whoever, with intent to defraud the Government of duty, Post-dating draws, makes, or issues any bill of exchange, or promissory note ^'"'' ^c- bearing a date subsequent to that on which such bill or note is 1066 [II. OF 1881.J STAMPS. Negotiating ditto. Devices gene- rally. Penalty for breach of rule relating to sale of stamps. Breach of rules, effect of. Institution and conduct of prosecu- tions. Ord. Vni. of 1873. Jurisdiction of Magistrates. Place of trial. Operation of other laws not barred. Proviso. actually drawn or made ; and whoever, 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; and whoever, with the like intent, practises or is concerned in any act, contrivance, or device not specially provided for by this Ordinance or any other law for the time being in force, shall be punished with fine, which may extend to five hundred dollars. 60. I. Any person appointed to sell stamps who disobeys any rule made under section 65, and any person not so appointed who sells or oflFers for sale any stamp, other than a stamp purchased by him in good faith for his own private use, shall be punished with imprisonment for a term which may extend to six months, or v,'ith fine, which may extend to two hundred and fifty dollars, or with both. II. Any person committing a breach of any rule of the Governor in Council under section 66 shall be liable to a fine not exceeding fifty dollars, but the breach of any such rule as to the description of stamp used, the numbers and positions of the stamps and the manner of cancelling stamps shall not invalidate any instrument otherwise duly stamped. Prosecutions. 61. No prosecution in respect of any oifence punishable under this Ordinance or the " Stamp Act, 1873," or any Ordinance thei'eby repealed, shall be instituted without the sanction of the Law Officer of the Crown, or the Collector, or such other officer as the Governor generally, or the Collector specially, authorises in that behalf. 62. AH offences under this Ordinance may be tried before a Magistrate, or a Court of two Magistrates ; and a portion of any fine levied, not exceeding one half, may be awarded to the informer or person on whose information the fine was levied ; and it shall be lawful for a Magistrate, or Court of two Magistrates, on non-pay- ment of any fine imposed, to direct that the imprisonment awarded for such non-payment may be of either description. 63. Every offence committed in respect of any instrument may be tried in any Settlement in which such instrument is found, as well as in the Settlement in which such offence might be tried under the law relating to criminal procedure for the time being in force. 64. Nothing in this Ordinance shall be deemed to prevent any person from being prosecuted under any other law for any 'act or omission which constitutes an offence against this Ordinance, or the rules made under it : T" Provided that no person shall-, be punished twice for the same offence. STAMPS. [II. OF 1881.J 1067 PART VI. CHAPTER XII. supplementai provisions. Powers of Governor. 65. The Governor in Council may make, rules consistent here- Power to with for regulating the supply and sale of stamps and stamped ™^'^? '"^^^ papers, the persons by whom alone such sale is to be conducted, and g^ie o'f^stamps. the duties and remuneration of such persons. 66. The Governor in Council* may make rules consistent here- Power to make with to carry out generally the purposes of this Ordinance. for^Ordlnawje!^ 67. All powers to make rules and orders conferred by this When powers Ordinance may be exercised from time to time as occasion requires, ■®^8'^"^«^''^^- and at any time after the passing of the Ordinance, so that the Rules and Orders do not come into force tiUthe Ordinance is brought into operation under section 75. AU rules made under this Ordinance, other than rules made under Publication of, section 65, shall be published in the Government Gazette. '^^^■ All rules published as required by this section shall, upon such publication, have the force of law. 68. All decisions, orders, or acts of any Chief Revenue Authority Kevision of and Collector of Stamps shall be open to revision by the Governor, ^f°|^°^^ and may by him be ordered to be reversed, altered, or modified ; officers, and any instrument, purporting to have been stamped or restamped by order of the Governor, shall be received as duly stamped under this Ordinance. The Governor may, at any time, direct any instrument not duly Governor may stamped, or not duly cancelled, to be duly stamped, or duly can- '^'™<'* instru- celled, on payment of strch fine not exceeding fifty dollars, or not ^mped. ^ exceeding ten times the amount of proper stamp duty, or without payment of any fine, at his discretion. 69. The Governor in Council may, from time to time, by an Governor in order to be published in the Government Gazette, direct that such lo^CT^rates^r lower rates of Stamp Duty as he shall prescribe shall be taken on exempt in- all or any of the instruments specified in the schedule annexed to stniments. this Ordinance, or altogether exempt the same, and in like manner, as occasion shall require, may cancel or vary such order to the extent of the powers hereby given. Such cancelment or variation shall also be notified in the Govern- ment Gazette. 70. The Government shall not be responsible for any loss or Government damage which shall occur in respect of any, Instrument entrusted " "o^ "-m^ i^' to the Collector of Stamps for the purpose of being stamped ; and loas or damage, no person employed by the Government in the Stamp Department * For Order in Council, see Government Gazette of October 13, 1882, p. 1011. 1068 [II. OF 1881.J STAMPS. Saving clause. Obligation to give receipt in certain cases. shall be responsible for any such loss or damage, unless such person shall wilfully, fraudulently, or by gross negligence cause such loss or damage. 71. Nothing in this Ordinance shall be held to affect any stamp duties specially prescribed in any written law now in force, except when stamp duties for the same purpose are expressly imposed by this Ordinance. Eeceipts. 72. Any person receiving any money exceeding ten dollars in amount, or any bill of exchange, cheque, or promissory note for an amount exceeding ten dollars, or receiving in satisfaction of a debt any moveable property exceeding ten 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. Saving as to Court fees. Judicial Stamps. 73. Nothing herein contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to Court fees, except as to grants of probate and letters of administration. Short Title. 75. This Ordinance may be cited as the " Stamp Ordinance, 1881 ; " and shall come into operation on such day as shall be fixed by the Governor in Council. PERRIES. [V. OF 1881.] 1069 Okdinance No, V. op 1881. An Ordinance to amend the Indian Act No. 26 of 1857. [23rd July, 1881.] FRED. A. WELD, Governor and Commander-in-Chief Whereas, pending the passing of an Ordinance for the general Municipal arrangements of the several Settlements, it is expedient to alter the law relating to the management of the Public Ferries at Penang ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. Sections 12 and 13 of the Indian Act No. 26 of 1857 shall Eepeal. cease to be in force in the Colony from and after the passing of this Ordinance. 2. The public Ferries at Penang and its Dependencies shall be Femes to be under the control and management of the Public Works Depart- w^ks^''^"^ ment of the Colony, subject to the orders, control and directions of partment. the Governor, who may appoint such toll-keepers and other officers and servants, with such salaries or wages, as may be sufficient for the management of the Ferries. 3. The Governor may farm out, or let, or lease, for any period Governor may not exceeding three years, all or any of the said public Ferries, subject to such terms and conditions not inconsistent with the pro- visions of the said Indian Act "No. 26 of 1857*, as amended by this Ordinance, as to him may seem to be necessary for the proper management of the said Ferries and the collection of the tolls therefrom. 4. All tolls arising from the use of the said Ferries, and all Tolls and rents and issues arising from any farm or lease of the said Ferries, rafTreasury^ shall be paid into the General Treasury for the use of the Colonj . 5. This Ordinance may be cited as " The Ferries Ordinance, Short Tifle. 1881," * For Indian Act 26 of 1857 see Appendix, p. 1327. 1070 [VI. OF 1881 .J STRAITS SETTLEMENTS LOAN. Power to borrow iBlOOjCOO on debentures. Loan to be charged upon general revenues. Amount of each deben- ture and rate of interest. Issue and signature of debentures. Registry of debentures. Interest on coupons. Ordinance No. VI. op 1881. An Ordinance for the raising by Debentures of a sum of One hundred thousand Pounds Sterling. [1st November, 1881.] FRED. A. WELD, Governor and Commander-in-Chief. Whereas certain expenses -were incurred by Her Majesty's Government in suppressing the disturbances in the Native States of the Malay Peninsula in 1876 and 1876; And whereas it has been determined by Her Majesty's Government that a portion of such expenses shall be re-paid by the Colony of the Straits Settle- ments ; And whereas it is deemed advisable to borrow a sum of money to enable the claim preferred by Her Majesty's Government to be paid oif : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. It shall be lawful for the Governor of the Straits Settlements to raise, by the issue of debentures under this Ordinance, any sum or sums not exceeding in the whole one hundred thousand pounds sterling, to be applied to rerpaying to Her Majesty's Government a portion of the expenses which the said Government incurred in suppressing the disturbances in the Native States of the Malay Peninsula in 1875 and 1876. 2. The principal moneys and interest secured by the debentures issued under this Ordinance are hereby charged upon, and shall be paj'-able out of, the general revenues and assets of the Government of the Straits Settlements. 3. Every debenture issued under this Ordinance shall be for a sum not less than one hundred pounds sterling, and shall bear interest at a rate not exceeding five per centum per annum. 4. The debentures shall be issued in London, on behalf of the Government of the Straits Settlements, by the Crown Agents for the Colonies (in this Ordinance referred to as the Crown Agents), and shall be signed by them on that behalf 5. Every debenture shall, before being issued, be registered in a Eegister Book to be kept for that purpose at the office in London of the Crown Agents. 6. There shall be attached to every debenture coupons for the payment of the interest to become due in each half-year upon the principal secured by the debenture. The coupons shall be suffi- cient in number to provide for the payment of the interest, either during the whole period for which the debenture has to run, or for such limited period as the Crown Agents, acting on behalf of the Government of the Straits Settlements, may determine. .STRAITS SETTLEMENTS LOAN. [VI. OF 1881.J 1071 7. The debentures, and tlie coupons thereto, may be in such form 5°™ °^ as the Governor, or the Crown Agents acting on his behalf, may and^conpons. direct or approve. 8. Every debenture and coupon, and the right to receive the Debentures principal and interest secured or represented thereby, shall be tranfe°aMe°by transferable by delivery. deliTery. 9. So long as any of the debentures remain outstanding, the Mode of pro- Governor shall, in each half-year ending with the day on which the aiding for pay- interest on the debentures falls due, appropriate out of the general interest and revenues and assets of this Colony a sum equal to ten per centum principal, per annum on the whole of the debentures previously issued, including any which may have been redeemed, and remit that sum to the Crown Agents at such time as will enable them to pay thereout the then current half-year's interest on the day when it falls due. 10. The Crown Agents shall, subject to the approval of Her Applications Majesty's Principal Secretary of State for the Colonies for the time °f^°tg^''^to being, place and keep the moneys so remitted to them, or so much Crown Agents, thereof as may not be required for immediate payments, on deposit at interest in their names with some Bank or Banks in London or Westminster, and shall hold all such moneys and the accumulations thereon, in trust, to apply them, in the first place, in payment of the interest for the current half-year upon the debentures for the time being outstanding, and, in the next place, in the formation of a Sinking Fund. 11. The interest upon the principal secured by each debenture Payment of shall run from the day named in that behalf in the debenture, and ™terest. shall be paid half-yearly, on the days named in that behalf in the debenture, at the office in London of the Crown Agents. 12. The Sinking Fund shall be applied, in the first place, in Application payment of all expenses of, or incidental to, the redemption of ^ Sinking debentures, including the charges of the Notary Public attending at any drawing thereof, and the costs and expenses of all notices required by this Ordinance to be given, and, in the next place, and subject to the aforesaid payments, in repayment of the principal moneys for the time being secured by the debentures. 13. The debentures shall, at the option of the Crown Agents, Debentures to subject to the approval of Her Majesty's Principal Secretary of ^y p^TCe State for the Colonies for the time being, be redeemed either by or by annual purchase in the open market, or by annual drawings, and, subject drawings. to the aforesaid payments, the sum to be applied annually to such redemption shall correspond, as nearly as may be, to, but not exceed, the amount for the time being standing to the credit of the Sinking Fund. 14. So long as any of the debentures remain outstanding and Appointment unsatisfied, the Crown Agents shall, in every year after the day ^^fj"^ on which the first of the diebentures is issued, unless the whole of debentraes. the money applicable in that year to the redemption of debentures has been applied in the purchase thereof, appoint a day in that year for the drawing by lot of the debentures to be redeemed. 1072 [VI. OP 1881.] STRAITS SETTLEMENTS LOAN, Notice of and place appointed drawing. Mode of drawing. time for Notice of debentures drawn for redemption. Payment of drawn debeu- tures. Cesser of interest from day appointed for payment of principal. Bedeemed debentures to be cancelled. Money repaid not to be re-borrowed. Short Title. 15. If a day is appointed for drawing, the Crown Agents shall give, by advertisement in the London Times newspaper, not less than fifteen days' previous notice, specifying the day on which, and the hour and place at which, the drawing will take place, and the nominal amount of the debentures to be redeemed at that drawing. 16. On the day and at the hour and place so specified, the Crown Agents shall hold a meeting, at which the holder of any debenture may, if he think fit, be present, and shall then, in the presence of such debenture-holders (if any) as may attend, and of a Notary Public, draw by lot, out of the whole number of debentures for the time being outstanding, debentures of the specified nominal amount. 17. The Crown Agents shall thereupon declare the distinguishing numbers of the debentures drawn for redemption, and shall, as soon as may be, by advertisement in the London Times newspaper, specify those numbers and appoint a day (not being later as to each debenture than the day on which the then current haK-year's interest thereon is payable) on which the principal moneys secured by the debentures so distinguished will be repaid. 18. On the day so appointed, the Crown Agents shall, at theiit oflBce in London, on demand, pay to the holders of the debentures drawn for repayment the principal moneys secured by those deben- tures, with all interest payable thereon up to that day. 19. From and after the day appointed for the repayment of any debenture, all interest on the principal moneys secured thereby shall cease and determine, whether payment of the principal have or have not been demanded. 20. Upon the repayment of the principal moneys secured by any debenture, the debenture, with aU the coupons thereunto belonging, shall be delivered up to the Crown Agents, to be by them cancelled and forwarded to the Government of the Straits Settlements. Any debenture redeemed by purchase shall likewise be so cancelled and forwarded. 21. No money applied in redemption of a debenture shall be re-borrowed, and no debenture shall be issued in respect of, or in substitution for, any cancelled debenture. 22. This Ordinance may be cited as Loan Ordinance, 1881." The Straits Settlements HONGKONG AND SHANGHAI BANK. [X. OF 1881.] 1073 Ordinance No. X. op 1881. An Ordinance to enable the Hongkong and Shanghai Banking Corporation to issue Bank Notes in the Straits Settlements, and for other purposes. ■ [Singapore, 24th November, 1881.*] [Penang, 1st August, 1884.] TRED. A. WELD, Governor and Commander-in-Cliief. Whereas the Hongkong and Shanghai Banking Corporation, ■with the consent of the Commissioners for executing the office of Lord High Treasurer in England, is about to open a Branch at Singapore, and it is expedient that the said Corporation should liave the privilege of issuing notes payable on demand : It is hereby enacted by the Governor of the Straits Settlements, ■with the advice and consent of the Legislative Council thereof, as • follows : — 1, Within three months from the passing of this Ordinance, the Ordinance of said Corporation shall cause to be filed with the Registrar of Com- ^"ed^ors^tue- panies at Singapore a copy of the Ordinance of the Colony of ment, and bye- Hongkong incorporating the Corporation, together with a copy of laws to be the deed of settlement, and of any supplemental deed of settlement, ^^*^" and of all bye-laws of the Corporation ; and in the event of a branch bank of the Corporation being opened at any other Settle- ment of the Colony, the Corporation shall, within three months from the opening of such branch, cause copies of the said Ordi- nance, deeds and bye-laws to be filed with the Registrar of Com- panies at such Settlement. The said Corporation shall, in like manner, cause to be filed ■with Further Ordi- the like officer at each Settlement where there is a branch bank of °^9^^' ^^^^«, the Corporation copies of any further Ordinance of the Colony of to be ffleA^^ Hongkong relating to the affairs of the Corporation, and of any further deed of settlement, and of all further bye-laws of the Cor- poration within three months from the date when such Ordinance, deed, or bye-law shall come into operation. The correctness of all copies filed under this section shall be Authentica- authenticated under the common seal of the Corporation. ^^on. * Passed 22nd November 1881. Brought into operation in Singapore by Order in Council of 24th November 1881, in Penang by Order in Council of 29th July 1884. 3 Y 1074 [X. OF 1881.] HONGKONG AND SHANGHAI BANK. and hold land. Bank notes. Multiples of $5. Dated. Signed. Payable. Total amount. Eeserve of coin, &c. Suspension. Corporation 2. The Said Corporation shall be capable in law to take, hold may purchase and dispose of all property, moveable or immoveable, within the Colony, which is necessary tor the purposes oi its banking business. 3. It shall be lawful for the said Corporation to make, issue, and circulate at each of the Settlements where there may be a branch bank, notes or bills payable to bearer on demand in coin lawfully current in the Colony, and to re-issue the same. No such notes shall be issued for any other sums than the sum of five dollars, or some multiple of sneh sum ; and all such notes issued for circulation in any Settlement shall bear date at that Settlement ; and shall be signed by the manager, agent, or other person intrusted by the Corporation with the conduct of the business of the Corporation at the Settlement ; and shall be pay- able in current coin on demand at the principal place of business of the Corporation at the Settlement ; and the total amount of the bills and notes of the Corporation issued everywhere, payable to bearer on demand, actually in circulation everywhere, shall not, at any time, exceed the amount of the capital of the Corpora- tion actually paid up ; and there shall always be kept by the branch bank iu each Settlement an amount of coin and bullion equal to one-third at least of the notes and bills of the Corpora- tion for the time being in circulation in the Settlement. If, at any time, there shall be a suspension of payment of any of the notes or bills of the Corporation at any of its places of business, it shall not be lawful for the Corporation, from and after the suspension, and during the continuance of such suspension of pay- ment, to make any fresh issue or re-issue of such notes or bills in the Colony. The Corporation shall not be entitled to limited liability in respect of such notes, and the members thereof shall continue liable in_ respect of its notes in the same manner as if it had been registered as an unlimited company ; but in case the general assets of the company are, in the event of the company being wound up, insufficient to satisfy the claims of both the note-holders and the general creditors, then the members, after satisfying the remaining demands of the note-holders, shall be liable to contribute towards payment of the debts of the general creditors a sum equal to the amount received by the note-holders out of the general assets of the company. For the purposes of this section, the expression " the general assets of the company " means the funds available for payment of the general creditor, as well as the note-holder. Nothing herein contained shall exempt the Corporation from the operation of any laws to be passed in the Colony relating to the issue of bank notes, and applicable to all other banks issuing such notes in the Colony. 4. Once every mouth, and so often otherwise as the Governor may direct, the manager, agent, or other person conducting the business of the said Corporation at each Settlement, shall make Liability on bank notes. Interpretation Saving clause. Monthly statement of JBSae HOHGKONG AND SHANGHAI BANK. [X. OF 1881.] 1075 out and forward to the office of the Colonial Secretary, for publi- cation in the Government Gazette, a return verified, as in the form in the schedule, showing the amount and value of notes and bills payable to the bearer on demand in circulation during the month, and showing the amount of coin and bullion kept and reserve. in the branch bank at the Settlement to meet the said notes. Any person, whose duty it is to furnish such returns, neglecting pg^aity to furnish the same, or furnishing false returns, shall be guilty of an offence under sections 176 or l77 of the Penal Code, as the case ord. IV. of may be. i87i. 5. This Ordinance may be cited as " The Hongkong and Shanghai Short Title. Bank Ordinance, 1881," and shall come into operation, at all or any of the Settlements, at such time as the Governor may, by Order in Council, direct for the several Settlements. SCHEDULE. Return of Bank Notes of the Hongkong and. Shanghai Banking Corpora- tion in circulation at (Singapore), for the month of , 188 , and the coin or bullion in the Bank at (Singapore) to meet the Bame. Notes in circulation at (Singapore). Coin and Bullion in the Bank at ' (Singapore). I, A.B., (Manager) of the Hongkong and Shanghai Banking Corporation Branch, Bank at (Singapore), do hereby declare that the above return is correct. Manager. (Singapore), the day of ,188 8 Y 2 1076 [I. OF 1882.] LABOITE CONTEACTS. Interpreta- tion. Persons o^er sixteen years of age may contract. Ordinance No. I. of 1882. An Ordinance to amend the law relating to Employers and Labourers under Contracts of Service.* [28th February, 1882.] FRED. A. WELD, Governor and Commander-in-Ohief. Whereas it is expedient to amend the law relating to employers and labourers under contracts of service : It is hereby enacted by the Governor of the Straits Settle- ments, with the advice and consent of the Legislative Council thereof, as follows : — Interpretation. 1. The following words and expressions as used in this Ordi- nance shall, unless there be something in the context repugnant to such construction, have the meanings hereby assigned to them : — " Employer " shall include any person, firm, corporation, or company who, or which, enters into a contract of service with any labourer as next hereinafter described, and the agent or manager of such person, firm, corporation, or company. "Labourer" shall not include a domestic or menial servant, but, save as aforesaid, shall mean any person who, being a labourer, servant in husbandry, artificer, miner, or otherwise engaged in manual labour, whether under the age of twenty-one years or above that age, enters into, or serves under, a contract to work personally with an employer, whether the contract be verbal or in writing. " Contract of service '" shall include any contract to labour, whether in writing or verbal, otherwise than as a domestic or menial servant, for any period of time, or to execute as a labourer any work. "Parties" shall include the employer and labourer under any contract of service. " Party " shall mean the employer or labourer according to the context. " Writing " shall include printing and lithographing. " Property " shall include all real and personal estate and effects, used or employed under or afiected by any contract of service or in any operation thereunder. Persons under sixteen years of age shall be deemed to be under age for the purposes of this Ordinance, and any person over sixteen years of age may enter into a contract under this Ordinance for his * This Ordinance is repealed so far as it affects Statute Immigrants by the Indian Immigration Ordinance, 1884 (Ordinance V. of 1884). LABOUE CONTEACTS. [I. OF 1882.J 1077 or her labour in the same manner as persons of or over the age of twenty-one years. Verbal Contracts. 2. Any persons desirous of entering into a contract of service Verbal con- not in -writing, may do so verbally, and, except in the case of *'!^* °*^*'" hire by the day, job, or journey, every such contract shall be contract of deemed to be a contract for one month, and a verbal contract service for one ■within the meaning of this Ordinance, and every such verbal con- ™onth. tract shall be deemed to be renewable from month to month, and shall be deemed to be so renewed unless a month's notice, verbal or written, shall be given by either party thereto to determine the said contract at the expiry of a month from the date of such notice. Determination of. 3. I. — Every such verbal contract may be determined by a Determination month's notice, verbal or written, by either party to the other of contract by party thereto, or by either party thereto at any time paying to notice, or by the other party thereto a sum equal to one month's wages from paying one the day of the determination of the contract. month's wages. II. — When any verbal contract is determined by a month's Wages of notice, or by the party determining the contract paying one p^y j^ f^,ji ^month's wages to the other party, the wages of the labourer shall be paid in full up to the end of the month's notice, or up to the day on which the one month's wages may be paid. III. — Any employer may discharge any labourer under such Immediate contract at anv time without notice : provided he pays to the ^^^charge of labourer the wages due to him for the time he has served, and also one month's wages from the day of such discharge. IV. — Every monthly notice, or payment of monthly wages, When notice relating to a contract of service required or authorised to be given °'' P*y™™t of • ' "W3^CS to or paid under this Ordinance, shall be held to commence from the commence, day on which the notice is given; or payment is made, and not from the day on which the then present term of service expires or should expire. Contracts without Advances. 4. Persons desirous of entering into a contract of service for May be in a period longer than one month, where no advance or payment writing, shall have been given or received, may enter into such contract in writing, in the manner prescribed by section 6. Every such contract shall be called a contract^ in writing with- out advances, and the parties thereto shall be subject to, and entitled to the benefit of, the several provisions of this Ordinance relating to written contracts of service without advances. Contracts with Advances. 5. Persons desirous of entering into a contract of service for When advance a period longer than one month, where an advance or payment is ^^'^"'^ ' **"'" 10Y8 [I. OF 1882.] LABOXTE CONTRACTS. tract to be in made to Or for the person to be employed, or where money k paid *' by or for the person employing to enable the person to be em- ployed to come to or to be conveyed to the Colony, may enter into such contract in writing in the manner prescribed by section 6. and deemed as Every such contract shall be called a contract in writing with Ordinance advances, and the parties thereto shall be subject to, and entitled to the benefit of, the several provisions of this Ordinance relating to written contracts of service with advances. Contracts in Writing. Execution of. Contracts for more than one month to be in writing. Not to exceed five years if made without the Colony, or three years if jnade within the Colony. To be ex- plained, interpreted, signed and executed, and certified. Not valid till endorsed by a Magistrate. Duplicate to be delivered to labourer. 6. I. — J^o contract of service for a period longer than one month shall be valid in law, so as to subject either party to any of the provisions of this Ordinance, unless it be in writing and executed in the manner prescribed by this section. n. — No contract of service in writing under this Ordinance shall be for a longer period than five years if made without the Colony, or, if made within the Colony, sliall be for a longer period than three years. III. — Every contract of service in writing under this Ordi- nance shall be fully explained, and, if necessary, interpreted to the parties, and shall be signed by the parties, within six weeks from the date on which the labourer began service with the employer, in the presence of a Magistrate, or Justice of the Peace, or such person (not being the employer of the other party) as the Governor may, from time to time, appoint for that purpose. The Magistrate, Justice of the Peace, or other properly qualified person shall then certify that the contract has been fully explained, and (if it has been so interpreted) interpreted to the parties. IV. — No such contract shall be held to be valid for any purpose under this Ordinance till it has been signed and certified as pro- vided by clause III of this section. v.- — A duly executed duplicate of every such contract shall, on the demand of the labourer, be delivered to him by the employer, after the contract has been certified as provided by clause III of this section. To be ex- plained and interpreted, and signed before two tritnesses. Contracts made without the Colony. 7. I. — Any persons desirous, at any place without the Colony, to enter into a contract for service within the Colony by the person to be employed, may do so in writing, in the presence of two or more witnesses, who shall certify by their signatures as witnesses that the contract was duly explained, and, if necessary, interpreted to the parties ; and, after such explanation, and inter- pretation if necessary, was executed by the parties in the presence of the witnesses. LABOUR CONTRACTS. [I. OF 1882.] 1079 II. — Every such contract shall set out the period during which Period, rate the contract is to be in force, the rate of wages payable, and the "aturf of ^""^ nature of the labour to be performed, the amount to be chargeable labour, to, and deducted from, the wages of the person to be employed, Made valid and shall shew that the person employing is bound to provide by Maristtatef regular work at stipulated wages for the person employed. III. — Either or any party to such contract may produce the How to be same before a Magistrate, who, on being satisfied that the contract MaStrate.^ was duly executed by the parties thereto, may endorse the con- tract as duly acknowledged before him, and, on being so endorsed, the contract shall be held to be a valid contract in writing, with or without advances, as the case may be, and the parties thereto shall be subject to, and entitled to the benefit of, the several provisions of this Ordinance relating to such contract as if the same had been executed in the Colony. Joint Liability. 8. No labourer shall be bound, in any contract of service Labourer not under this Ordinance, to answer for the debt, default, or miscar- for^g^t ^e_ riage of any other person, so as to give any remedy under this of other Ordinance for a breach of such contract as to such debt, default, or persons, miscarriage. Determination of. 9. No contract of service required by this Ordinance to be Determina- in writing shall, unless otherwise stipulated in the contract, be ^°^ °^ written determinable before the expiration of the period mentioned there- service. in, except by the mutual consent of the parties, verbal or in writing, signed or acknowledged by them, or except either party shall have become permanently disabled from fulfilling his contract, or except as provided by this Ordinance, or except for some reason sufficient in law. Existing Ontracts. 10. AH contracts for service in force at the coming into To be in force operation of this Ordinance, shall continue to be in force after the ™^?' *^^ passing of this Ordinance, and, subject to the express provisions in any such contract, the parties thereto shall be subject to, and entitled to the benefit of, the provisions of this Ordinance. The execution of any such contract in writing not executed in Proof of esa- accordance with the provisions of section 6 or section 7, may be cution. proved before any Court as before the passing of this Ordinance. Complaints. 11. I. — Whenever under any verbal contract of service under As to wages, this Ordinance, or under any contract of service in writing under ™iseonduot, this Ordinance, whether with or without advance, any question or property', ** dispute shall arise between the parties as to wages, or as to any disobedience to lawful orders, negligence of duty, carelessness in 1080 [I. OF 1882.] LABOUR CONTEAOTS. or wrongful determination, or neglect to fulfil contract, or refusal to commence service, or absence from service. Summons. Complaint may be altered. On complaint by employer in certain cases. Labourer may be taken before Magis- trate. Compensation. taking care o£ property, or other misconduct, or as to any injury to the property of either of the parties to the contract of service, or whenever under any such verbal contract of service any ques- tion arises as to any wrongful determination of the contract, or whenever under any contract of service in writing under this Ordinance, whether with or without advances, the employer or labourer shall neglect or refuse to fulfil the contract of service, or the labourer shall omit or refuse to enter on or to commence his service according to the contract, or shall, without the consent of his employer, absent himself from his service, the party feeling, aggrieved may make a complaint, verbally or in writing, before a Magistrate, or Justice of the Peace, and such Magistrate, or Justice, may issue a summons to the party complained against requiring such party to appear to answer the matter of the complaint. II. — At the hearing o£ any complaint under this section, the Magistrate may, on his own motion, or on the application of either party, amend, add to, take away from, or otherwise alter the complaint, on such terms as to giving time to the parties and otherwise as justice may seem to require. III. — Whenever an employer desires to make a complaint against any labourer in his employment for any of the following offences, that is to say : — in cases under a verbal or written contract of service, — disobedience to lawful orders, negligence of duty, carelessness in taking care of property, or wrongful determination of a verbal contract of service ; and, in cases under a written contract of service whether with or without advance, — neglect or refusal to fulfil or to enter on or commence service, it shall be lawful for the employer, if such labourer is on the estate or place where he is bound by his contract of service ta work, to apprehend and take such labourer before any Magistrate who may be in the neighbourhood, to be dealt with according to law, instead of making a complaint and issuing a summons in the first instance against such labourer, as required by clause I of this section. If it appears to the Magistrate before whom a labourer is brought under this clause, that there was no sufficient ground for apprehending and bringing such labourer before him, or that such labourer was, through the neglect or default of the employer, detained an unnecessary length of time, it shall be lawful for the Magistrate to award to such labourer, by way of compensation, any sum not exceeding ten dollars, to be paid by the employer. Warrants. On neglect or 12. Whenever the party complained against shall neglect or refusal to obey j-efyge to appear to any summons as aforesaid, a Magistrate, or wlmant to Justice of the Peace, may, after due proof on oath of the service of issue. such summons, either personally or by such summons having been LABOUR COISTTEACTS. [I. OF 1882.] 1081 left at the usual place of abode or business of the party complained against, and that there is reason to believe that the summons has come to the knowledge of the party complained against, issue a warrant for the apprehension of such party, for the purpose of the hearing and determining of the matter of the complaint. ' Absconding. 13. If on, or at any time after, making the complaint, it appears When war- to a Magistrate, or Justice of the Peace, that there is good ground '■^°* *° arrest for believing that the party complained against has absconded, or ^^^ '^ is about to abscond, the Magistrate, or, Justice of the Peace, may issue a warrant for the apprehension of such party, and such party shall be detained in safe custody until the hearing of the complaint, unless he find good and sufficient security by recognizance or Security to be bond, with or without sureties, to the satisfaction of the Magis- ap™aranc( trate, or Justice of the Peace, for his appearance to answer the complaint. appearance. Adjudication. 14. /. — Upon the hearing of any complaint brought under Hearing of section / /, the Magistrate shall examine the complainamt and the <"""i''"*"'- party complained against, with such witnesses as may be produced before hi/m, and shall proceed as follows ; — IT. — If the coviplaint relates to any dispute as to wages, dispute as whether on a verbal or written contract, or any wrongful deter- ^^^qM "de- mination of contract by either party thereto on a verbal contract, termination, the Magistrate, on bei/ng satisfied as to the justice of the case, may order that a part, or the whole, of any wages claimed shall be deducted and kept back from the labourer ; or may order that Order for the a part, or the whole, of any wages claimed shall be paid to the pc^mmtof labourer, with such amount, not exceeding a sum equal to ten wages, days' wages, in addition as to the Magistrate mxi/y seem just, by way of compensation to the labourer for unpaid wages, and in the case of wrongful determination of contract on a verbal coti- tract of service, the Magistrate may order the wages d/ue on the contract to be paid or withheld, subject to the provisions of section 3, and m,ay order such a7nou/nt, not exceeding thirty days' ^^^essment oj wages, to be paid by the party in default to the other party, as to compenscuion. the Magistrate may seem fit, by way of compensation for the wrongful determA/nation of the contract. III. — If the complaint relates to any disobedience to lawful Misconduct, orders, negligence of duty, carelessness in the custody of property, §""• or other misconduct, or to cmy injury to the property of the party complaining, whether under a verbal or written contract of service, the Magistrate, on being satisfied as to the justice of the case, and subject to the provisions of section /5, may order the paHy com- Fine or im- plained against to pay a fine Tiot exceeding twenty-five dollars, P"'°n'"ent and, in defomlt of payment, may sentence the defaulter to imprison- tiered, ment, which may be' of either description, for any period not &!oceedAng thirty days. 1082 [I. OF 1882.] LABOUR CONTRACTS. Compensation out of fine. Under con- tract in writing. Omission to enter service. Absence from service. Order to fulfil the contract and find se- curity. Forfeiture oj wages as Imprisonment in default. "Wilful ■breach of contract causing loss, &c. Penalty. Labourer under written contract I V. — The whole, or any portion, of amy such fine levied, may be ordered by the Magistrate to be paid to the party complaining by way of compensation. V. — If the complaint relates, in the case of parties bound by a written contract bf service, to neglect or omission on the part of the party complained against, without reasonable excuse to be allowed by the Magistrate, to fulfil the contract of service, or if the labourer shall, without reasonable excuse to be allowed by the Magistrate, omit or refuse to enter on or commence his service, or if the labourer, without reasonable excuse to be allowed by the Magistrate, absents himself from his employer's service, the Magistrate may order the party complained against to fulfil the contract, and, if he thinks fit, may order such party to find forth- with good and sufficient security, with or without sureties to the satisfaction of the Magistrate, for the fulfilment of the contract, or may order the party complained against to pay a fine not exceeding fifty dollars, and in default of payment may sentence the defaulter to imprisonment, of either description, for any period not exceeding three months, and in the case of absence from, or cessation of, service, the Magistrate, in addition to ordering that the wages of the party complained against be forfeited to his e7iiployer during the period of such absence, or cessation, under the , provisions of section 20, may order that the party complained against shall pay, as a penalty, such sum not exceeding the unmount of thirty days' wages as the Magistrate may direct ; and if the order direct the fulfilment of the contract, and the finding of good and sufficient security as aforesaid, and the party com- plained against shall neglect or refuse to comply with such order and shall make default in payment of the penalty imposed, the Magistrate may, if he shall think fit, sentence such party to imprisonment, which may be of either description, for any term not exceeding six months. Wilful Breach of Contract, 15. When any person wilfully breaks a contract of service whether written or verbal, under this Ordinance, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to cause the stoppage of work in any factory, field, or place, in such manner as may be attended with serious loss to the owner of the factory, field, or place, or serious inconvenience to the public by stopping or delaying supplies of gas, water, or food, he shall, on conviction, be liable to a penalty not exceeding one hundred dollars, or to imprisonment, which may be of either description for a period not exceeding six months. Arrest. 16. I. — ^Any employer, having reason to believe that any labourer employed by him, under a written contract of service, has absconded Irom his service, or is absconding, may, without first procuring a warrant, and without the assistance of any Peace LABOUR CONTRACTS. [I. OJP 1882.] 1083 Officer (who, nevertheless, shall be bound to give such assistance, if called upon to do so), apprehend such labourer wherever he may Arrest. be found, and shall take him to a neighbouring Police Station. Poiioe Station. II. — The Officer in charge of the station shall forthwith take Report in down in writing in the Eeport Book of the Station, the substance writing. of the complaint of the employer, and shall send the labourer without delay before a Magistrate, who shall adjudicate upon the Adjudication, complaint. 17. No such labourer found in the service of another employer when in of labourers shall be arrested without a warrant, unless with the °'^'='' service, consent of such other employer. 18. In every case in which a labourer shall have been so appre- Compensation bended and taken to a Police Station, if it appears to the arreTt™^^^ Magistrate before whom the labourer is brought that there was no sufficient ground for the apprehension of the labourer, or that the labourer, through the neglect or default of the employer, was detained an unnecessary length of time, it shall be lawful for the Magistrate to award to such labourer, by way of compensation, any sum not exceeding ten dollars, to be paid by the employer, and, in addition to such compensation, may fine such employer any sum not exceeding fifty dollars. Wages. 19. The wages of the labourer under a contract of service. Wages when whether verbal or written, except in the case of hire by the day, payable, job, or journey, or unless otherwise stipulated, shall be payable monthly, within the first seVen days of every month, for the month or portion of the month last preceding, and at the end or wages at end determination of any contract of service, all wages payable to the of term, labourer shall be paid at the time of such end or determination. Except, in either case, when the contract has been determined Proviso as to by misconduct of the labourer, when, subject to any order which ^sconduct of may be made by a Magistrate on complaint by either party, the labourer shall be entitled to wages only up to the day on which his service is determined. Wages by the day, job, or journey shall, in the absence of agree- Wages by day, ment to the contrary, be payable at the end of the day, job, or or job. journey, and completion of the work or journey agreed upon. Wages in Absence. 20. No wages shall become payable to, or recoverable by, any No wages labourer for or during the term of any sentence of imprisonment ^<^°9™^able undergone by him. imprifonment. Unpaid Wages. 21. No remedy under the provisions of this Ordinance shall be iiabie"tT °°' enforced against any labourer for neglecting or refusing to work punishment if or for absence, if at the time of the alleged neglect, refiisal or T^^^^ unpaid ° o J » "-^ tor one month. 1084 [I. OF 1882.] LABOUR CONTRACTS. absence his wages shall have been unpaid for a period exceeding the period prescribed by section 19, or exceeding the period Proviso. stipulated in his contract of labour, if so stipulated, but such labourer shall be subject to the provisions of this Ordinance for such alleged neglect, refusal, or absence, unless he shall, at least forty-eight hours before the time of such alleged neglect, refusal, or absence, have demanded from his employer, or the person in charge of the place where the labourer is working, the payment of his wages so due, and the employer, or person in charge, shall have refused or failed to pay the same. Computing wages and deductions. Deductions. 22. In computing the amount of wages due at any time, the labourer shall be debited with the amount to be deducted from wages at the time, according to the terms of the contract of service ; and shall also be debited with the value of all food, clothes, and other articles supplied to him which the employer is not bound to supply at his own expense, subject, in all cases, to the terms of the contract of labour as to the amount to be deducted froin any one month's wages, and, if no special terms are provided in the contract for the amount to he deducted, such amount shall not exceed one- third of the month's wages. Enforcement of recogni- zance or bond. Peoceduee. Enfoecing Eecognizances. 23. Where it is alleged by any party to a contract of service that the condition of a recognizance or bond entered into or given for the fulfilment of the contract under the provisions of this Ordinance has not been performed, the Magistrate, being satisfied thereof, after hearing the parties and the sureties (if any), or in the absence of any party or surety not appearing after proof of service of summons in that behalf, may order that the recognizance or bond be enforced for the whole or part of the sum secured as to the Magistrate may seem fit. Recovery of money as fines. Imprisonment to be in dis- charge of compensation, &c. Application of fines and money recovered. Recoveey of Monies, 24. Where under this Ordinance an order is made for the payment of money, and the same is not paid as directed, the same shall be recovered in the manner directed by law for the recovery of fines before a Magistrate. 25. From and after the determination of any imprisonment suffered under this Ordinance for non-payment of the amount of any fine, compensation, or damages, with the costs assessed and directed to be paid by any Magistrate's order, the amount so ordered shall be deemed to be liquidated and discharged, and the order shall be annulled. 26. When a Magistrate under this Ordinance imposes a fine or enforces the paymeilt of any sum secured by recognizance or LABOUR CONTRACTS. [I. OF 1882.] 1085 bond, he may, if he think fit, direct that the whole, or any part of such fine or sum when recovered, be paid to the party complaining. Absence undee Gontbact. 27. !• — If any labourer under a written contract of service Absence with- shall, during the . continuance of such contract, have been im- put leave, or prisoned, or shall have absented himself without leave, such period ™t"o°be"^° ' of imprisonment, or absence, shall be endorsed on the contract by counted as the Magistrate, and shall not be deemed to be part of the period of service. his service, and he shall be compellable, at the option of his employer, to serve for the full period for which he has contracted to serve, and until such extended service be completed, he shall be subject to the provisions of this Ordinance. II. — The period of every such imprisonment, or absence without Period of leave, shall be endorsed on the contract of service by the Magistrate "opnsonment before whom the labourer may be sentenced to imprisonment, or to ^g endorsed proved to have been absent without leave, or by any other on contract. Magistrate, before whom the fact and duration of imprisonment, or absence without leave, may be proved, and such period may include the whole or any portion of the time during which the labourer is detained in a Lock-up as the Magistrate may direct. Punishment suffered. 28. No punishment, whether by fine or imprisonment, suffered Contract not under this Ordinance shall, unless the Magistrate otherwise direct, cancelled by be held to determine a contract of labour which was in force at the siSered'.^'^ time the offence was committed for which offence the punishment was inflicted. Evidence of Parties. 29. Upon the hearing of any complaint between employer and Defendants labourer under this Ordinance, the respective parties to the con- maybe tract of service, whether verbal or written, their husbands and '^^*"^^^^^- • wives, shall be deemed, and considered as competent witnesses for the purposes of this Ordinance. General. Crimping. 30. The provisions of paragraph 1 of section 13 of the "Crimp- Penalty for ing Ordinance, 1877," shall be applicable to all persons con- seducing tracting for their labour, whether in writing or verbally, under thelr^serviTe"^ this Ordinance. &c. Ord. III. of Ordinary Remedies. 31. Nothing in this Ordinance shall prevent employer or ^o^ing to labourer from enforcing their respective civil rights and remedies ceedfngs^by" civil suit. 1086 [II. OF 1882.] STEAM-VESSELS. for any breach or non-performance of a contract of service by any suit in the ordinary courts of justice in any case where pro- ceedings are not instituted, or, if instituted, are not proceeded with to judgment and satisfaction, under this Ordinance. Nothing to 32. Nothing in this Ordinance shall interfere with the operation Teration'^^f °^ *^^® Penal Code, or the ordinary criminal law, or any special the Penal Criminal law, in cases where its provisions may be applicable, but Code (Ord. IV. so that no person be punished twice for the same offence, and any of 1871), &c. prosecution under this Ordiaance may be withdrawn before, judgment, and a fresh prosecution instituted for the same offence under the Penal Code, or other law applicable to the circumstances of the case. Eepeal. Indian Act 13 33. The Indian Act 13 of 1859 shall cease to have effect in this section 492 Colony on and after the cotning into operation of this Ordinance j of Ord. IV. of and so much of section 492 of the Penal Code, as relates to persons 1871 repealed, -within the operation of this Ordinance, as defined in section 1, is hereby repealed. Short Title, 34. This Ordinance may be cited as the "Labour Contracts Ordinance, 1882." Ordinance No. II. op 1882. An Ordinance to repeal and to re-enact, with, alterations, the Steam- Vessels Ordinance of 1873. [28th Fehruary, 1882.] FRED. A. "WELD, Governor and Commander-in-Chief. Ord. IX. of Whereas it is expedient to repeal and to re-enact, with certain 1873. alterations and amendments, the Steam-vessels Ordinance, 1873 ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — PART I. Survey of Steam-Vessels. Steam-vessels 1. The owners agents or masters of— to be surveyed (a) stcam-vessels registered in the Colony whether carrying before pro- nassenqers or not ; ceedmg to sea. jr a ' STEAM-VESSELS. [II. OP 1882.] 1087 (6) steam-vessels registered in the United Kingdom or any British possession and carrying passengers taken on hoard at any port in the Colony ; (c) Foreign steam-vessels carrying passengers taJcen on hoard at any port in the Colony hound for another port in the Colony ; (d) Foreign steam-vessels carrying passengers taken on hoard 'is §• ^9 Vkt. at any port in the Colony and heing emigrant ships "■ ^^9- subject to " The Passenger Act, i855 " and the Acts amending the same, shall hefore such vessels proceed to sea from, any port of the Colony cause them to he surveyed in manner herein-after men- tioned ; — Provided that no steam-vessel having a certificate of survey Exemption of granted under this Ordinance or a certificate of sea/worthiness steam-vessels granted hy the Lords of the Committee of Her Majesty's Privy '^^t.h valid Council appointed for the consideration of matters relating to trade and foreign plcmtations {commonly called the Board of Trade) or hy any other competent authority British or Foreign shall so long as such certificate shall remain in force he required to he surveyed undxr this Ordinance. SURVEYOES AND THEIR DUTIES. 2. It stall be lawful for the Governor to appoint, either per- Surveyors to manently, or from time to time, at each of the Settlements, fit ^® appointed. and proper persons, to be surveyors of steam-vessels under this Ordinance. 3. The surveyors appointed under this Ordinance shall be deemed Surveyors to to be public servants within the meaninsr of the Penal Code. ^® P'^'''^" , ^ servants under 4. I. — At the requisition of the Master Attendant, or Harbour (Ord. iv. of Master, it shall be lawful for the said surveyors, in the execution of i87i). their duties, to go on board any steam-vessel, whether British or Surveyors to Foreign, at all reasonable times, and to inspect the same, or any ?^™^°^^'" *"■ part thereof, or any of the machinery, boats, equipments, or articles on board thereof, or any certificates of the master, mates, helms- men, engineers, gunners, or engine-drivers, to which the provisions of this Ordinance, or any of the .rules to be made by virtue thereof, apply, not unnecessarily detaining or delaying the ship from pro- ceeding on any voyage ; and if, in consequence o£ any accident to any such steam-vessel, or for any other reason, they consider it necessary so to do, to require the steam-vessel to be re-surveyed, and, if they think fit, to be taken into dock for the purpose of surveying the hull thereof. II. — Any person who shall refuse access to such surveyors, or Penalty, shall otherwise hinder them in the performance of their duty, or shall refuse or neglect to give any information which may reason- 1088 [II. OF 1882.] STEAM-VESSELS. Ord. IV. of 1871. Surveyors may direct repairs. ably be required of them and which they have it in their power to give, shall be liable, on conviction, to a penalty not exceeding two hundred and fifty dollars, and any person furnishing as true information which he knows or has reason to believe to be false shaU be deemed guilty of an offence under section 177 of the Penal Code. 5. If the said surveyors find that any steam- vessel under survey by them is not provided, in all respects, as prescribed by this Ordinance, or requires repairs or additions to the vessel or her machinery, boats, equipments, or articles on board thereof, the said surveyors shall give notice in writing to that effect, to the person having the vessel surveyed, pointing out the deficiencies or .defects, and requiring the same to be supplied or made good ; and shall not grant their certificate of survey till the same are supplied or made good to their satisfaction. Rules as to 6. The Governor in Council may, from time to time, frame mode and rules,* not inconsistent with the provisions of this Ordinance, as to ducting " ^^^ manner in which the surveys shall be made, and the times and survey, and places of such surveys, the nature, quality, and quantity of the for payment of equipments which steam-vessels shall be required to carrv, and the duties of the surveyors ; and may also fix the amount of remunera- tion to be paid to the surveyors. surveyors. Fees to be paid for certificate. Certificates of Survey. 7. For every certificate of survey granted under this Ordinance, the owner, agent, or master of the steam-vessel surveyed shall pay a fee calculated on the tonnage of the vessel, according to the rates in schedule A, or to such other rates as may be, from time to time, fixed by the Governor in Council, and published in the Government Gazette. Surveyors when to grant certificate. Certificates to be sealed. 8. I. — When any survey is made under this Ordinance, the surveyors making such survey shall forthwith, if satisfied that they can with propriety do so, and on payment by the owner, agent, or master of the fees prescribed by this Ordinance, give to the owner, agent, or master of the steam-vessel surveyed a certificate of survey signed by them, and framed, as nearly as the circumstances of each case wiU admit, in the form set forth in schedule B, and setting out the length of time for which the certificate is to be in force, not exceeding one year in any case. II. — Such certificates shall, before being issued, be signed and sealed by the Lieutenant-Governor at Penang, the Colonial Secre- tary at Singapore, or Resident Councillor at Malacca, with the ' For Rules, see Government Gazette of Septemter 22, 1882, p. 908. STEAM-VESSELS. [II. OF 1882.] 1089 seal of his office, without charge, and a duplicate certificate, signed and sealed in like manner, shall be kept on record in the office of the Master Attendant, or Harbour Master of the Port. 9. The certificates of the surveyors shall contain statements of Particulars of the following particulars, that is to say : — '^^^ ' ''^ ®'' I. — That the hull of the vessel is sufficient for the service intended and is in good condition. II. — That the boats, life-buoys, lights, signals, and compasses are such and in such condition as are required by the Merchant Shipping Acts, 18.i4! to 1880,* and that the numbers and certificates of the master, mates, gunners, helmsmen, engineers, and engine-drivers are such as are required by this Ordinance. III. — The time for which the said hull and equipments will be sufficient. IV. — The limits (if any) beyond which, as regards the hull and equipments, the vessel is, in the surveyor's judg- ment, not fit to ply. V. — That the machinery of the vessel is sufficient for the service intended, and is in good condition. VI. — The time (if less than one year) for which such machinery will be sufficient. VII. — That the safety valves and fire hose are such and in such condition as are required by the Merchant Shipping Acts, 1854 to 1880.* VIII. — The limits of the weight to be placed on the safety valves. IX. — The limits (if any) beyond which, as regards the ma- chinery, the vessel is, in the surveyor's judgment, not fit to ply. X. — Certificates may be given for foreign steam-vessels, if supplied, under clauses II and VII, as required by the law of their nation, but in all other respects such foreign vessels shall be subject to the several provisions of this section. XI. — Certificates granted for local steam -vessels and steam- Certificates launches shall contain such and so many of the above for steam particulars as the Governor in Council may, from time l^^'^'^'^'^^- to time, direct. 17 & 18 Vict. c. 104. 17 & 18 Vict. c. 120. 18 & 19 Vict. u. 91. 25 & 26 Vict. c. 63. 30 & 31 Vict. c. 124. 31 & 32 Vict. c. 129. 34 & 35 Vict. c. 110. 35 & 36 Vict. c. 73. 36 & 37 Vict. c. 85. 39 & 40 Vict. c. 80. 43 & 44 Vict. c. 18. 43 & 44 Vict. c. 22. 43 & 44 Viet. c. 43. 3z 1090 [11. OF] 882.] STEAM-VESSELS. Certificates to be hung up in vessel. Certificates not to be in force after , expiry. Proviso in case of vessels absent from port. Certificate to be delivered up when expired or revoked, 10. Each certificate of survey granted by surveyors under this' Ordinance shall be hung up, and remain at all times suspended, in some conspicuous part of the vessel for which the same is granted, where the same may be easily read ; and, in default of compliance with this provision, every owner, master, or other person in charge shall be liable to a penalty not exceeding fifty dollars for every day or part of a day on which such certificate is not so hung up. 11. I. — No certificate of survey, whether granted under this Ordinance or otherwise, shall be held to be in force for the purposes of this" Ordinance after the expiration of the time for which the same was granted. 11. — If any steam- vessel surveyed under this Ordinance is absent from the Colony when her certificate of survey expires, no penalty shall be incurred, in the Colony, for the want of a certificate of survey, until she first begins to ply or is about to ply after her- next subsequent return to the Colony. 12. The Governor may require any certificate of survey granted" under this Ordinance which has expired, or has been revoked or- cancelled, to be delivered up as may be directed, and any owner, or- master, or other person who, without reasonable cause, neglects or- refuses to comply with such requirementj shall incur a penalty not. exceeding fifty dollars for each gfi^ence. Special survey may be ordered of British carrying passengers. Special Surveys. 13. The Governor vnay at any time if lie thimhs it necessary for the safety of the passengers give special directions to the Surveyors ■ under this Ordinance for the survey hy them of any British steam-vessel lyi/ng at any port of the Colony and intending to pro- ceed to sea carrying passengers although such vessel has a certificate of survey or seaworthiness still in force ; and any vessel so ordered to be surveyed shall not proceed to sea till so surveyed, and till a certificate, as required by section 8, has been granted ; and the provisions of this Ordinance shall apply, so far as the same are in any way applicable, to every vessel so specially directed to be surveyed, and to the owner, agent, master, officers and engineers thereof. Double survey not necessary for passenger ships. Passenger Ships. 14. In every case where a survey has been made and a certificate- of survey has been granted to any steam-vessel under section 8, and such certificate remains still in force, it shall not be requisite, for the employment of such steamer under any law relating to the carriage of passengers in steam- vessels, that she shall again be surveyed in her hull and machinery, in order to qualify her for service as a passenger steam-vessel. STEAM-YESSELS. [II. OF 1882.J 1091 Cancellatton. 15. The Governor may revoke and cancel any certificate of Certificate of sucvey granted under this Ordinance in any case in which he has te'canceU^- reason to believe : — I.— That the certificate of survey of the sufficiency and good condition of the hull, equipments and machinery of any steam- vessel, or either or any of them, has or have been fraudulently or erroneously given or made ; or ' II. — That such certificate has otherwise been issued upon false or erroneous information ; or III. — That since the giving and making of such certificate, the hull, equipments, or machinery of such ship have sustained any injury or are otherwise insufficient. Disputed Sueveys. 16. I.— If any steam- vessel shall be surveyed under the pro- gfg^gy"*'^ visions of this Ordinance, and if the surveyors shall decline to doubted, grant any certificate of survey, or shall grant a certificate of survey Governor may- with which the owner, agent, or master of the steam-vessel shall be order second dissatisfied, the Governor may, on the application of such owner, agent, or master, and on his paying the amount of fee chargeable for a survey for the vessel, appoint two or more other competent surveyors to survey the said steam-vessel. II. — The surveyors so appointed shall forthwith survey the said Proceeding* steam-vessel, and shall either decline tp grant any certificate of ^^^^ survey, or shall grant such certificate of survey as, under the circumstances may seem to them proper. III. — If the surveyors appointed under this section unanimously 'o be final, refuse to grant any certificate of survey, or unanimously agree as to the terms of a certificate of survey granted by them, such refusal, or such certificate of survey, shall be final and conclusive ;; but if they do not agree, the refusal originally made, or the certi- ficate of survey originally granted, by the surveyors who surveyed the said steam- vessel in the first instance, shall remain and be of full force and efiect. IV. — If the surveyors decline to grant a certificate under this Ee-survey- section unless and until certain works required by them are done pomplTtT^ to their satisfaction, so soon as the work is done the steam-vessel may be again surveyed by the same surveyors or by any surveyors authorised under this Ordinance, who may grant or refuse a cer- tificate at their discretion. V. — Every survey made under this section shall be made subject Subject f». to all the provisions and rules, both as to the payment of fees and ^^ ' otherwise, which are applicable to surveys made in ordinary cases under this Ordinance. 3z 2 1092 [II. OF 1882.] STEAM-VESSELS. Examinations instituted. Governor to appoint examiners. Governor in Council may make rules. PART II. Examination of Officers and Engineees. 17. I. — Examinations shall be instituted for persons who desire to become engineers or engine-drivers of steamers, or masters of local steam- vessels, or helmsmen of steam-launches, or gunneis, or who wish to procure certificates of competency as liereiuafter mentioned. II. — The Governor shall, from time to time, nominate two or more competent persons for the purpose of examining the quahfi- cations of the applicants for examination. 18. The Governor in Council may make rules* for the conduct of such examinations, and as to the qualifications to be required, and the fees to be paid by all applicants for examination. Certificates of Competency. 19. The Governoi;, or such oflBcers as may be appointed under section 17, shall deliver to every applicant, who is reported by the examiners to have passed the examination satisfactorily, a certificate, hereinafter called a "Certificate of Competency," to the effect that he is competent to act as engineer or engine-driver, or master of a local steam- vessel, or helmsman of a steam-launch, or gunner. Such certijficates for engineers shall be of three grades, viz., "First-class Engineers' Certificates," "Second-class Engineers' Certificates," and " Engine-drivers' Certificates." Certificates under this section shall be signed and sealed by the Colonial Secretary, or Lieutenant-Governor, or Resident Councillor, with the seal of his ofiice, and issued without charge. 20. AH certificates of competency shall be made in duplicate, and one part shall be delivered to the person entitled to the certi- ficate, and the other shall be kept and recorded as the Governor shall direct. A note of all orders made for cancelling, suspending, altering, or otherwise affecting any certificate, in pursuance of the powers herein-contained, shall be entered in the record of certificates. 21. Every engineer's certificate of competency which may be granted by any competent authority in the United Kingdom, or in any of Her Majesty's possessions, and eveiy engineer's certificate of service, of the first and second class, granted by competent authority in the United Kingdom, shall be hel^ to have the same validity and efi'ect as a certificate of competency of the same class issued under this Ordinance. Copy of 22. "Whenever any engineer, or engine-driver, or master of a t>o deUverea ^"''^^ steam-vessel, or helmsman, or gunner, proves to the satisfaction * For Eules, see Gorernment Gazette of June 2, 1882, p. 538-542, and of Seplemter 22, 1882, pp. 905 and 906. "Certificates of •competency to be given. -Engineer. How verified. Certificate to he made in duplicate, and recorded. English certificates to he available. STKAM-VESSELS. [II. OF 1882.] 100.3 of the Governor that he has, without fault on his part, lost, or been deprived of, any certificate granted to him under this Ordinance, a copy of the certificate to which, by the record so kept as aforesaid, he appears to be entitled shall be delivered to him, without charge, and shall have all the effect of the original. PAET III. Requirements and Penalties. Officers and Engineers. 23. I. — No steam-vessel liable to be surveyed under this Ordi- Officers and nance shall proceed to sea from, or ply at . any of the Settlements, engineers except under the following conditions, that is to say : — reqmre II. — In the case of " sea-going steam-vessels " not exceeding four Sea-going. hundred tons register, there shall be on board for service a master, a fifst mate, a gunner, and a first and second class engineer ; exceeding four hundred tons, a master, a first and a second mate, and a first and second class engineer. III. — In the case of " home-trade steam-vessels " not exceeding Home-trade, one hundred and fifty tons register, there shall be on board for service a master, a gunner, a first class engineer, and an engine- driver ; from one hundred and fifty tons to three himdred tons, a master, a mate, and a first class engineer, and an engine-driver ; above three hundred tons, a master, a first mate, a gunner, and a first and second class engineer ; IV. — In the case of " local steam-vessels " not exceeding fifty Local, tons registers,* there shall be on board thereof for service a master, with a certificate as master of a local steam-vessel, and two engine ^ drivers ; from fifty tons to one hundred and fifty tons, a master, with a certificate as master of a lucal steam-vessel, n gunner, a second class engineer, and an engine-driver ; from one hundred and fifty tons to three hundred tons, a master, a mate, a second class engineei', and an engine-driver ; above three hundred tons, a master, a mate, a first class engineer, and an engine-driver. V. — In the case of vessels employed exclusively for the purpose Towing of towing, there shall be on board thereof for service, — ™*^® ^' (a) when employed within the limits of the Colonial waters of the Settlement where they may be used, in charge of a licensed pilot, — one engine-driver ; (b) when' employed within the same limits, but without a licensed pilot on board, — a master, with a certificate as master of a local steam-vessel, and an engine-driver ; (c) when employed beyond the limits of the Colonial waters, such steam-vessels shall be subject to the rules in clauses II, III, or IV of this section, as the case may require. * Sic in original. 094 [II. OF 1882.] STEAM-VESSELS. Steam- iauuches for hire. Ditto private. Certificates. VI. — In the case of all " steam-launches " plying for hire, there shall be on board thereof for service, an engine-driver, with a certi- ficate of competency as required by this Ordinance for engine- drivers, and a helmsman, with a certificate of competency as required by this Ordinance for helmsmen. VII. — In the case of steam-launches not plying for hire, there shall be on board for service an engine-driver, with a certificate of competency as required by this Ordinance for engine-drivers. VIII. — The masters, masters of local steam-vessels, mates, and engineers, engine-drivers, gunners, and helmsmen in this section referred to, shall have certificates of competency issued as required by law in the Colony, or in the United Kingdom, or in any of Her Majesty's possessions, as by law required for masters, masters of local steam-vessels, mates, engineers, engine-drivers, gunners, and helmsmen. Penalty for breach of terms of certificate. Penalty. 25. The owner or master of any steam-vessel proceeding to sea from, or plying at, any Settlement without a certificate of survey in force as required by this Ordinance, or contrary to the terms of, or without compliance with the requirements of, such certificate, as prescribed in this Ordinance, or without the number of officers and engineers required by this Ordinance, shall be liable, on conviction, to a penalty not exceeding five hundred dollars. "When port clearances may be refused, and steam- PoET Clearances. "26. I. — No officer of a port shall grant a port clearance to any steam-vessel required to be surveyed under this Ordinance, which steam-vessel shall not have been duly furnished with a certificate of survey applicable to her class and to the voyage on which she is about to proceed, or to the service on which she is about to be employed, and furnished with the officers and engineers in the numbers and with the qualifications required by this Ordinance, and unless the requirements of this Ordinance have otherwise been duly complied with ; and any steam- vessel going to sea from any vessel arrested, of the ports, or plying at any of the ports, without such certificate, or contrary to the terms thereof, or without compliance with the requirements of this Ordinance, may be seized and detained by the Master Attendant or Harbour Master of the port, or by any person or persons authorised by him or them, until she is duly furnished with such certificate, and the requirements thereof are duly complied with. II. — The Master Attendant, or Harbour Master, has authority to inform the master, or person in charge of any steam-vessel liable to survey under this Oidinance, that a Police guard will be placed on board his vessel to prevent her leaving the port, until the re- Police guard ; STEAM-VESSELS. [11. OF 1882.] 1095 quirements of this Ordinance are complied -witli, and the Master Attendant, or Harbour Master, may, if he thinks it necessary so to do, place such guard on board. III. — Any Police guard so placed on board a steam- vessel is authority of. hereby authorised to take such steps as may be necessary to pre- vent the steam-vessel from leaving the port ; and any person who Penalty for shall oppose, or in any way obstruct, any such Police guard, obstructing, shall be liable, 'on conviction, to a penalty not exceeding five hundred dollars. Explosions. 27. Whenever any explosion shall occur on board any steam- Investigation vessel subject to survey under this Ordinance, it shall be lawful for *° ^ ™^ ^' the Governor, if he shall think fit, to direct that an investigation of the cause of such explosion be made by such person or persons as he shall think fit. The person or persons authorised by the Governor to make such I'^port. investigation may enter into and upon such steam-vessel with all necessary workmen and labourers and remove any portion of such steam-vessel, or of the machineiy thereof, for the purpose of such investigation ; and shall report to the Governor the cause of such ■explosion. PART IV. Miscellaneous. Men of War, &c. 28. Nothing in this Ordinance contained shall be held to apply Vessels-of-war, to any vessel-of-war, transport, or steam -vessel in the service of *"■' ^^^""P*- Her Majesty's Government or any Foreign Prince or State ; nor to the vessels of the Peninsular and Oriental Steam Navigation Com- pany, or the Messageries Maritimes Company of France, under contract to carry the public mails ; nor to the vessels of any other company or person, whether British or Foreign, under contract to carry the public mails, if and when such vessels are specially exempted by the Governor in Council. 29. (i.). — The steam-vessels of Princes or States in the neigh- steam-vesseh ■bourhood of the Straits Settlements shall not be entitled to exemp- »/ -battue ■tion under section twenty-eight hereof -wnless and until such be'pri^ufd Prince or State has been recognised for the purpose by an Order of unless recog- the Governor in Council, and shall be entitled to such exemption ""*'? *^ ^''- only so long as such Order remains in force. ^^ '" Conn- (vi). — The steam-vessels of Princes or States in the neighbourhood of the Straits Settlements which are not for the time being recog- 1006 [IT. OF 1882.] STEAM-VESSELS. nised under this section shall be subject to the rules and regulations to which steam-vessels registered in the United Kingdom are for the time being subject under this Ordinance. Tonnage. 'ronna"e. 30. The tonnage in this Ordinance referred to shall, in the case of British registered steam-vessels, be the registered tonnage ; and, in the case of foreign registered steam-vessels, shall be the tonnage of such vessels as nearly as possible approximating to the registered tonnage as measured in British registered steam-vessels. Interpreta- tion. Local steam- vessels. Home-trade steam- vessels. Sea-gomg steam - vessels. Steam- launches. Interpretation. 31. I. — The following expressions as used in this Ordinance shall have the meanings herein assigned, that is to say : — II. — " Local steam-vessels " shall mean steam-vessels plying between any of the Ports of the Colony, and plying to or from any place in the Straits of Malacca, that is to say, any place in the Malay Peninsula from Junk Ceylon on the North to Point Romania on the South, including the adjacent islands, and any place on the East coast of Sumatra from Acheen Head on the North to Banka Straits on the South, including adjacent islands, and to or from any place on the South and West coasts of Borneo from Taujoiig Sambar to Sarawak, including adjacent islands, and to and from any place on the East coast of the Malay Peninsula from Pgt^ni in the North to Point Romania in the South, including adjacent islands, and to and from any of the islands in the Johor Archipelago. III. — "Home-trade s team- vessels '' shall mean steam-vessels plying to or from any place in the neighbouring seas beyond the limits last above described, and including all places froin Acheen Head along the West Coast of Sumatra (including the adjacent islands) to the Straits of Sunda, and from the Straits of Sunda along the North Coast of Java and the adjacent islands to the one hundred and twentieth degree of East longitude, but not including any place beyond the eighth degree of North latitude on the North. Provided that, from the fifteenth day of April to the first day of November in each year, the places on the West coast of Sumatra shall be excluded from the limits last above described. IV. — " Sea-going steam-vessels " shall mean steam-vessels plying to and from places beyond the limits next above set out. V. — " Steam-launches " shall mean steam-vessels not exceeding twenty-five tuns, plying only within the limits of the Colonial waters of the Settlement where they may be, and to and from places on the coast of the Malay Peninsula and neighbouring islands, not further from that Settlement than fifty miles. STEAM-VESSELa [11. OF 1882.] 1097 Giving up of Certificates. 32. All certificates of competency issued under this Ordinance Certificate to shall, on the death of the persons to or for whom the same were fo^r^Jnceiia- issued, be given up at the office of the Master Attendant, or Har- tion on death. hour Master at any of the Settlements, to be cancelled ; and any person found in possession of any such certificate after the death of the person to or for whom the same was issued, without being able to account for the way in which he became possessed of the same, and giving good reasons for its not being given up for cancellation, shall be liable, on conviction, to a penalty not exceeding one hundred Penaltj-. ■ dollars, or to imprisonment, of either description, for a period which may extend to three months. EULES FOR StEAM-LaUNCHES. 33. It shall be lawful for the Governor in Council to frame Rules for rules* for the management of steam-launches, as to the number of t^^^ ™^"^8e- passengers to be cai-ried, the rules for lights at night, the rules for launches! ^^™' navigation, inspection and survey of hull, machinery and boilers, the manner of steering, rate of speed, and use of signals by steam whistle and otherwise in harbours, rivers, and going alongside ships and wharfs as M'ell as at sea. Any person infringing any rule made under this section shall be Peualty. liable to a penalty not exceeding fifty dollars. General. 34. Convictions for offences under this. Ordinance may be had ConTictions to before a Magistrate, or Court of two Magistrates. ^^ summary. 35. All or any of the powers vested in the Governor by this Delegation of Ordinance may, in his absence from any Settlement, be exercised by powers, the Colonial Secretary at Singapore, the Lieutenant-Governor at Penang, and the Resident Councillor at Malacca. * * # * * , * * 37. This Ordinance may be cited as the " Steam-vessels Ordi- Sbort Title. nance, 1882." SCHEDULE A. Rates of Fees to be charged for the Survey of Steam-vessels. ' (Section 7.) For steam- vessels not exceeding 25 tons, for each Surveyor, - - $ h For steam-vessels exceeding 25 and not exceeding 100 tons, for each Surveyor, - - - - -. " ■ - 7 For steam-vessels exceeding 100 and not exceeding 500 tons, for each Surveyor, - - - " , „' " ' -10 For steam-vessels exceeding 500 tons, for each Surveyor, - . 16 » For Rules, see Government Gazfette of September 22, 1882, p. 907, and of December 22, 1S82, p. 1357. 1098 [II. of 1882.] STEAM-VESSELS. 00 o t— I £-1 O o i g 'A P H .. OQ <-> P3 O > t) CO o o ■jivajo mooJ-QuiSna; pu-B 3[09p ■pU'B SJSOHJO 1° ■i^l -ranu pnB 'je^s^pi jo boi'b^ ■pajmbaj sjaatiiSua puu sjeoigo ^o nop)TOT(!l*M) pill! iaqmnii i^OU SI X8SS9A 8q^ qotqAv pno-ffeq {j£n'8 jt) s^xmii •^iraiog -jns oq t^m s^namdnira aq'+ JO AUB JO 'EoujSna •sjaipq 'nnq aq^ qoiqAV joj 'j-BaA" auo Ti'Bqt^ ssa^ ji •arotji •saAjBA jf!j9jBB no paOTid aq 0!j S!^q3ieAi. jo si^iniii 'sijqSlI 'SjSonq-ajq 'si^«oq *asoq-9Jij •saAX'itA-iCijajBS a% s« '^namdmba ^njaua^ •^jauiqoBuijo aij^^g •ei3iOB^ punoj^ ■pan'Baio jo 'pajiijdaj'pajad -doo fjs^i ajaqA pu« uaq^ ■Iinq JO uoTi^ipuoQ PU'B 'sjaiioq JO noi^diJosaQ; •9S#B paB 'sgmSna jo uoii)duasa(x 'J9A\0d 9SJ0JJ 'BXUiiai^vni puB (Jimq ajaqA^ p^B uaq^ •99BUU0} JajBtSffg; ■jaqranu XBIOJDO puB 'AnBiSai JO ^joa *I9SS9A-iii^a:^s "jo oraB^ a-" as a ^ St? ii ■as la is 1 == •S's fl It O)^ ft 43 lil 1^ -- IE HJ S ^ <0 (D O S goB > " WW S ^ ^ a "S SaS§a 1 a- o-IS'l a rt 9 S M-S a) ^ <^ 4=.2 § ^ a t< ^ (D O 5 S K>".3 t. aa) n e di '^ 3 l.^a'Sg' all i-i « "ri r^-""-i'a a 2§ «3 St. ■a a P Pi ■1^ HACKNEY CARRIAGE EXTENSION. [V. OF 1882.] 1099 Ordinance No. V. of 1882. An Ordinance to extend the Operation of the Hackney Carriage Ordinance, 1879. [7th March, 1882.] PEED. A. WELD, Governor and Commander-in-Chief. Whereas since the passing of the Hackney Carriage Ordinance, ord. v. of 1879, vehicles for the conveyance of passengers, drawn by men, i879. called Jinrickshas, have been introduced into the Colony, and it is expedient to provide by law for regulating the use of such vehicles ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. Every vehicle • for the conveyance of passengers, drawn by To be regis- man, shall be registered under the Hackney Carriage Ordinance, J?'^?^"„ 1879, as a hackney carriage of the fourth class, in the manner igj9_ provided by the said Ordinance for hackney carriages of the third class. 2. The fee for registration of every such hackney carriage of the Fee. fourth class shall be fifty cents. 3. Every person engaged in drawing or pushing any hackney chair coolies carriage of the fourth class shall be called a " chair coolie," and shall '« be licensed, be licensed in the manner prescribed by the said Ordinance for drivers of hackney carriages. 4. The fee for a license for a chair coolie shall be twenty-five Fee. cents, and the Registrar of Hackney Carriages, at the time of licensing any such chair coolie, shall deliver to him, without charge, a metal badge with a n umber marked or engraved on it, to correspond Metal badge, with the number of the license. 5. The rates of hire set out in the schedule, or such other rates. Rates of hire, higher or lower, as the Governor in Council may, from time to time, direct, may be demanded by the chair coolies for the hire of hackney carriages of the fourth class. 6. Any person, not a licensed chair coolie, acting as a chair Penalty for coolie for a hackney carriage of the fourth class, shall be liable to unlicensed the same penalties as are provided by the said Ordinance for a " ^^^ '^° '®^' driver of a hackney carriage acting without a license. 7. Vehicles registered under this Ordinance shall not be liable to Fees for use tax under section 25 of the Indian Act No. 27 of 1856,* but a tax of carriages. ♦ For Indian Act 27 of 1856, see Appendix, p. 1316. 1100 [V. OF 1882.] HACKNEY CARRIAGE EXTENSION. of one dollar yearly, to be paid to the Municipal Commissioners, shall be imposed upon every such carriage. S'msi^to be" ^" ^^^^ several provisions of the Hackney Carriage Ordinance, applicable. 1879, relating to hackney carriages and their drivers shall, subject to the provisions of this Ordinance, be held to be applicable to hackney carriages of the fourth class and chair coolies. Short Title. 9_ jhis Ordinance ma.y be cited as the " Hackney Carriage Ex- tension Ordinance, 1882," and shall be taken with, and read as part Ord. V. of of, the Hackney Carriage Ordinance, 1879. SCHEDULE. Rates and Fares to be paid for Hackney Carriages of the Fourth Class. For any distance not exceeding talf a mile - - 5 cents. Do. exceeding half a mile, but not exceeding one mile - 10 „ For every additional mile, or part of a mile - - - 5 ,, If discharged at a distance from the Chief Police OflBoe exceed- ing two miles, but not exceeding three miles, in addition to the amount of fare ... - 5 „ If discharged at a distance exceeding three miles and not exceed- ing four miles, in addition to the amount of fare - 10 ,, If used between 8 p.m. and 5 a.m., the fares shall be as above set out, with one half added in each case. The hirer shall be entitled to detain the carriage for half of an hour for stopping at any places, but for every hour, or part of an hour, during which any carriage may be so detained, beyond the first half of an hour, an additional sum of 5 cents shall be charge- able. No chair coolie shall be required to draw his carriage a greater distance than 10 miles in any one day, or to remain engaged for more than 8 hours at a time ; and no chair coolie shall be entitled to claim from any person as payment for any distance drawn, or for any time during which he may be detained by such person in one day, more than - - - - - - 80 ,, Any hirer shall be at liberty to engage a hackney carriage of the fourth class for a whole day, to be used only within a radius of 4 miles from the Chief Police Office of the Settlement, and may require the chair coolie to draw it any distance not exceeding 10 miles in the whole and not exceeding 3 miles at any one time, pay- ing for the same ... - - 70 ,, No such vehicle shall carry more than two passengers, and if two passengers are carried, an extra charge may be made equal to half the fare for one passenger. LANDMAEKS. [VII. OF 1882.] jlOl Ob,dina.nce No. VII. of 1882. An Ordinance to amend the Law relating to Boundaries of Land. [4tli May, 1882.] FRED. A. WELD, Governor and Commander-in-Chief. Whereas it is enacted by the Indian Act No. 16 of 1839*, ainong other things, that, before any lease for Crown lands shall be issued under that Act, good and solid landmarks shall be set up by the intending lessee, by. which landmarks the boundaries of the lands to be occupied by such lessee shall be plainly defined ; and it is further enacted, that such landmarks shall be set up to the satisfac- tion of the Collector, to be certified by him on the lease, before the lease shall take effect ; and whereas such landmarks have not been set up and certified on the leases, and doubts have arisen as to the validity of such leases ; and whereas it is necessary, for the good government of the Colony and for the prevention of disputes, that the boundaries of all lands should be plainly defined ; It is hereby enacted by the Governor of the Straits Settlement^', with the advice and consent of the Legislative Council thereof, as follows : — 1. 'No Crown lease shall be held to be invalid from the facii tliat Leases uot landmarks have not been set up on the land before the issue of '°^''''''- such lease, or from the fact that such lease does uot bear on the face of it a certificate that such landmarks have been set up as required by the Indian Act No 16 of 1839.* 2. Wlienever it is found that landmarks are not set up on any Notice to set land held under the Crown, whether by lease or grant, or that the "P °'^ ^^^_^" landmarks, if set up, have become out of repair, or are not plainly distinguishable, it shall be lawful for the Collector of Land Revenue to require, by notice, good and solid landmarks to be set up, at such places as the Collector may direct, or, if already set up, the Collector may require them to be repaired. 3. Notice in writing of every requisition to set up or to repair, Xotiees, landmarks under this Ordinance shall be served, in the manner service of. prescribed in section 16, on the owner or occupier of every lot of land as to which the landmarks are to serve as boundaries, requiring him to set up, or to repair, the landmarks within such time, not less than fifteen days, as the Collector may think reason- able. 4. The Collector, on being satisfied that the landmarks have Certificate to been set up, or repaired, to his satisfaction, within the time ^^ S'"*'^" *° specified in the notice, or within sucli further time as the Collector * ^ "'""''^> <=. may allow, shall give a certificate to that effect to the owner or occupier. 5. Where a landmark serves, or is intended to serve, as a Landmarks boundary between two or more adjoining lots of land, the requifi- ^"^ adjoining » For Indian Act 16 of 1839, see Appendix, p. 1227. 1102 [til OP 18S2.] LANDMARKS. In default may be set up, &o., by Collector. Parties may request the Collector to set up, &c. Material and size. Landmarks to define boun- daries as in Crown title. Be-surrey in case of dispute as to position of landmarks. Expense recoverable. Certificate of expense, &c. Expenses of landmarks, tion under section 2 shall be served on the occupier of each such lot ; and any such occupier may have the work executed ; and may recover, from the owner or owners, occupier or occupiers, of the adjoining lot or lots, the proportion of the expense as set out in section 12 as his or their contributory share ; and, in the manner provided by section 15, on a summons to be issued by the person claiming such contributory share. 6. After service of notice, to set up, or repair, landmarks, if the .landmarks are not set up, or repaired, within the time stated in the notice, or in the event of any dispute between the parties interested as to the setting up, or repairing, such landmarks, it shall be lawful for the Collector to cause such landmarks to be set up, or repaired, and the expense incurred thereby shall be chargeable and recoverable as hereinafter provided. 7. The party on whom a notice to set up, or repair, landmarks has been served, or, when the notice has been served on owners or occupiers of adjacent lots, any o£ such parties, may request the Collector to set up, or repair, such landmarks ; whereupon the Collector may have the landmarks set up, or repaired, and the cost shall be certified and recoverable as provided hereinafter, for certifying cost of landmarks and for the recovery of such cost. 8. The landmarks under this Ordinance shall be of such material and size as the Governor in Council may, from time to time, direct for any particular Settlement, district, or place, or for any particular class or character of lands. 9. In all cases the landmarks shall define the boundaries of the land as shewn in the Crown grant or lease ; and the Collector, before issuing a certificate under section 4, shall satisfy himself that the landmarks are so placed. 10. If any dispute shall arise as to the position in which any landmark should be placed, the same shall be forthwith reported to the Collector of Land Kevenue, who, if unable to settle the dispute, shall direct the lots to be re-surveyed by a surveying officer at the Settlement under the Surveyor-General, and the land- marks shall be set up in the position shewn by such survey to be the correct position. The expense of any such survey shall be borne by the parties interested in such landmarks, and shall be recoverable as. provided by section 13. 11. The amount expended for setting up, or repairing, landmarks under section 6 or 7, and the cost of surveying, if necessary, for ascertaining the true position of any boundary, shall be certified in writing by the Collector under his hand ; and such certificate shall be held to be proof of the amount to be paid, and that every- thing necessary to be done under this Ordinance, up to the time of making such certifi.cate, for the purpose of requiring the land- marks to be set up or repaired, has been done as required by this Ordinance. 12. The expense of setting up, or repairing, landmarks, where' the landmarks are to serve as boundaries of two or more lots. LANDMARKS. [VII. OF 1882.] 1103 including the expenses of surveying, if a survey shall have been made by the order of the Collector, shall be borne by the owners or occupiers of the lands for which the landmarks are to serve as boundaries, in equal proportions. Illustration. A landmark serves as a boundary between three lots of land. The owner or occupier of each lot shall pay one third of the cost. 13. In the event of any person charged with the expense Summons to incurred by the Collector of Land Revenue in setting up, or ^ °^ cause, repairing, landmarks under this Ordinance, and the expense of surveys (if any), refusing or neglecting to pay the expense so incurred, a summons shall be served upon such person requiring him to show cause before a Magistrate why the said cost, or pro- portion of cost (stating the amount) should not be paid by him, and if he fail to show such cause, or if he fail to appear, the Magistrate, on proof of service of the summons and oh reading the Collector's certificate issued imder section 11, may make an order Order for pay- for payment of the amount. ™^°*- 14. The amount ordered to be paid under section 13 may be How recover- recovered in the manner provided by law for the recovery of fines ''''^®- before Magistrates, although exceeding the amount that is within their ordinary jurisdiction, and, when so recovered, shall be paid to the Collector of Land Revenue, but the imprisonment, if any, ordered in default of payment shall in no case be rigorous imprison- ment. 15. Where more than one owner or occupier is interested in any One owner landmark required to be set up, or repaired, under this Ordinance, ™^y set up, any one or more ot such owners or occupiers may nave the work cover contri- done, and may recover the expense incurred by him or them bution. against other owners or occupiers liable to contribute to the expense, by suit in the Court of Requests, whether the amount in question exceeds the limit of the ordinary jurisdiction of the Court of Requests or not, on proof of the amount expended by him, and on producing a certificate, purporting to be signed by the Collector of Land Revenue, to the effect that the work of setting up, or repairing, such landmarks has been done to his satisfaction. 16. Notices under this Ordinance may be served personally on Service of the owner or occupier, or by having the same affixed on a board in ""*"=''^- a conspicuous manner on the land to which the notice refers. 17. This Ordinan'ce may be cited as the " Landmarks Ordinance, Short Title. 1882." 1104 [VIII. OF 1382.]' LIGHT DUES (UIPEEIAL). Okdinance No. VITI. or 1882. Preamble. 32 & 33 Vict. 0.77. 35 & 36 Vict. c. 55. Dues hereto- fore collected for Basses lights legal- isud. An Ordinance to authorize the Collection of Dues for Liojht-houses established by Act of the Imperial Parliament. [26th September, 1882.] FEED. A. WELD, Governor and Gommander-in-Chief. Whereas by the Imperial Merchant Shipping Act Amendment Act, 1855 (18 and 19 Yictoria, chapter 91); it is, among other things, enacted that in any case in which any light-house had been or should thereafter be erected on or near the coasts of any British Possession, Her Majesty might, by Order in Council, fix such dues in respect thereof, as Her Majesty might deem reasonable, to be paid by the owner or master of every ship which passes the same, or derives benefit therefrom ; and might, in like manner, from time to time, increase, diminish, or repeal such dues ; and from the time specified in such order for the commencement of the dues thereby fixed, increased, or diminished, the same should be leviable through- out Her Majesty's dominions, in the manner in the said Act men- tioned ; and whereas it is further enacted that no such dues shall be levied in any Colony unless and until the Legislative Authority in such Colony has, either by Address to the Crown or by an Act or Ordinance duly passed, signified its opinion that the said dues ought to be levied in such Colony ; and whereas under the provi- sions of the Imperial Acts, the Basses Light Acts, 1869 and 1872, lights have been established on the Great and Little Basses Rocks, near the coast of Ceylon ; and whereas dues have been levied at the ports of the Colony for the use of the Basses lights, without the opinion of the Legislative Authority of this Colony having been signified that such dues ought to be levied in this Colony ; and whereas it is intended to establish a light-house in the island of Minicoy, between the Maldive and Laccadive islands near the coasts of Her Majesty's Possessions in India ; and it is necessary that the dues heretofore collected in this Colony for the Basses lights be legalised ; and it is expedient, and for the benefit of commerce, that such dues, and any dues which may hereafter be authorised by any Order or Orders of Her Majesty in Council for the Minicoy light should be collected in this Colony ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. All dues for the lights on the Great Basses and Little Basses Rocks collected at any of the Ports of the Colony, before the coming into operation'uf this Ordinance, by virtue of any Order of Her Majesty in Council, shall be held to have been lawfully collected, as if an Ordinance had been passed, before such collec- tion, by the Governor with the advice and consent of the Legis- .TRAMWAYS. ' [XII. OF 1882.] 1105 lative Council of the Colony signifying an opinion that such dues ought to be levied in the Colony. 2. It is hereby decltfred, that dues for the lights on the Great Light dues Basses and Little Basses Rocks shall be collected in this Colony. ^^ Basses Such dues shall be paid by the owner or master of every ship {jf^oUerted. which passes the said lights, or derives benefit therefrom, and shall be at the rate of three and a half cents of a dollar per ton upon the at the rate of tonnage of every such ship, or at such other rate as shall,irom time ^^ "^"'^ ^^^ to time, be fixed by Her Majesty by Order in Council. 3. It is hereby declared, that dues for the light on the island of Light dues Minicoy shall be collected in this Colony. Such dues shall be paid [■°\'^'^*?,°r by the owner or master of every ship which passes the said light, collected, ^ or derives benefit therefrom, and shall be at the rate of one cent at the rate of of a dollar per ton upon the tonnage of every such ship, or at such i "ent per ton. other rate as shall, from time to time, be fixed by Her Majesty by Order in Council. 4. The officer appointed at each of the Settlements to collect the Collectors light dues under the Indian Act No. 13 of 1854* (Horsburgh Light- appointed, house) shall be the Cpllector of Light Dues under this Ordinance at the Settlement for which he is so appointed. 5. Subject to the provisions of this Ordinance, and of any Order Provisions of 'of Her Majesty in Council relating to the collection of light dues in made'applie- the Colony, the several provisions of the Indian Act No. 13 of 1854* able. r«latiDg to' the collection of light dues, shall, in so far as the same may be applicable, be in force for the collection of light dues under this Ordinance. ' 6. The light dues collected under this Ordinance shall, after Dues to be deducting the costs of collection, be disposed of in such manner as ^isposed of as Her Majesty's Principal Secretary of State for the Colonies may, gtate direc'ts. from time to time, direct. 7. This Ordinance may be cited as " The Light Dues (Imperial) Short Title. Ordinance, 1882." Ordinance No. XII. or 1882. An Ordinance to provide for tlie Construction, Mainten- ance, and Working of Tramways in the Settlement of Singapore. [Idith November, 1882.] FRED. A. WELD, Governor and Commander-in-Chief. Whereas application has been made to the Governor in Council Preamble, by Joseph Cheney BoLTOisr, William Ker, and John Ross, of dlasgow, Gilbert McMicking and Robert JARi)iNE, of London, and James Graham, of Singapore, for authority to construct, * For Indian Act 13 of 1854 see Appendix, p. 1232. 4 A 1106 [XIT. OF 1882.J TRAMWAYS. maintain, and use tramways on certain public streets and roads in and near the Town of Singapore ; And Whereas it is expedient for the public convenience to authorize the construction and working of such tramways, and to make due provision by law for the same, and for the use by the public of such tramways ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Teamways Authorised. Promoters 1' Subject to the provisions of this Ordinance, authority is and lines hereby given to the said Joseph Cheney Bolton, William Kee, authorised. JoHN EOSS, GILBERT McMlCKING, ROBERT JaEDINE, and JaMES Graham, their heirs, executors, administrators, and assigns, herein- after called the Promoters, to make, maintain, and use such tramways, with single or double lines, as may be approved of by the Governor in Council after consultation with the Municipal Commissioners — plans being previously deposited in the office of the Colonial Secretary — on the following routes, and between such other places, and by such other routes, as may be hereafter sanctioned by the Governor in Council : — 1st. — A single line commencing at Crawford Street, Eochor, and proceeding along North Bridge Eoad, South Bridge Eoad,. and Tanjong Pagar Eoad to Tanjong Pagar Docks ; 2nd. — A single line commencing near the Pauper Hospital Sirangun Eoad, proceeding along Sirangun Eoad, Selegie Eoad, and Middle Eoad to line No. 1 ; 3rd. — A double line commencing on Collyer Quay and pro- ceeding along Eobinson Quay, Anson Eoad, and the new Eoad to the New Harbour Dock Company's Wharf ; 4th. — A single line commencing at Elgin Bridge passing along Boat Quay and Market Street, connecting with the line No. 3 on Eobinson Quay ; with all proper rails, turn-tables, sidings, plates, weigh-bridges, warehouses, and conveniences connected therewith or for the pur- poses thereof, and to work and use the same. Power to make 2. The Promoters may, in addition to the above-mentioned tram*'°a^s ^™^^ ^^ tramway, with the sanction of the Governor in Council given after consultation with the Municipal Commissioners, construct and maintain, subject to the provisions of this Ordi- nance, and in accordance with plans to be previously deposited by the Promoters in the office of the Colonial Secretary, such other and further lines of tramway with passing-places and sidings (either as extensions to all or any of the said lines of tramway herein-before described or otherwise), and in and upon and along such streets, ways, roads, or places as the Governor in Council shall, from time to time, approve of and permit: Pro- vided that the plans of all such other or further lines shall be aid, as soon as possible, upon the table of the Legislative Council. Promoter may 3. It shall be lawful for the Promoters to acquire, hold, and hold and. dispose of any property, moveable or immoveable, within the Settlement, for the purpose of their business ; they may purchase TRAMWAYS. [XII. OP 1882.] 1107 and hold such lands as they may require for termini, sidings, stables, car-houses, repairing-shops, offices, warehouses, and other purposes of the undertaking ; and they may, from ' time to time, and at any time hereafter, sell or dispose of any such lands as inay not be necessary for such purposes. 4. The Promoters shall have, for the period of twenty-one Term of privi- yearsi the exclusive privilege of using, for tramways authorised ^^se- by this Ordinance, the public streets and roads in Singapore over which authority is by this Ordinance given to them to construct tramways : Provided always, that it shall be lawful for the Governor in Government Council, after a term of five years, on giving six months' notice may determine thereof to the Promoters, to determine the exclusive privilege "^ ^^^' hereby granted, on payment to the Promoters of the then actual value of all plant and property used by the Promoters for the tramways authorised by this Ordinance, together with a sum equal to one-fourth in excess of such actual value; and the said actual value, in case of difference, shall be ascertained by arbitra- tors, one to be appointed by the Governor and one to be appointed by the Promoters, and a third arbitrator to be appointed by the said two arbitrators, and the decision of a majority of such three arbitrators shall be final ; and on payment by the Governor to the Promoters of the sum so awarded, the exclusive privilege in this Ordinance granted shall cease, and the said plant and property shall be taken over by and belong to Her Majesty the Queen for the service of the Colony. 4a; Before breaking up or interfering with any road prior to Promoters to laying down the rails for any one of the above-mentioned lines of f"fyr'e^"ak- tramway, the Promoters shall give such security as may seem to ing up roads, the Governor in Council to be sufficient for the d,ue completion of the said line, by deposit of money or valuable securities, or by bond, or by mortgage of mmjeable or immoveable property, or otherwise; and such security shall be deposited i/n the Public Treasury of the Colony, and shall be surrendered to the Promoters wpon the opening up for traffic of any lengths of lime in amounts or values proportionate to the lengths of linne from time to time so opened up. But if the Promoters shall fail duly to complete the said lines of tramway, or any of them, it shall be lawful for the Governor to take, sell, dispose of and realize, and to transfer all such property m,ortgaged, pledged, or deposited, without action, svdt, or legal proceeding, and to apply the same, or the proceeds of sale thereof, or so much thereof as may be required, towards restoring the roads to a condition fit for traffic, and towards repairing any damages or losses which may have accrued in con- sequence of such failure on the part of the Promoters duly to complete the said lines or any of them. 4b. If within one year after the ■ date of the passing of this Tramways to Ordinance* the tramway works are not, in the opinion of the be commenced Governor m Cowncil, substantially commenced, or if the works, ^"J^ivl'm-te^ having been commenced within such time, should be suspended periods. * The date of the passing of the Tramways Ordinance Amendment Ordinance, 1883 (Ordinance IV. of 1883), is here intended, hy which Ordinance the amendments in italics to the principal Ordinance were added. The date of its passing was the 4th June, 1883. 4 A2 1108 [XII. OF 1882.] TRAMWAYS. Power to sell and lease." Other tram- ways. Penalty for trespass ou tramways. Eights of the Government. after such commencement for a period of twelve months without a reason sufficient in the opinion of the Governor in Council to justify/ the Promoters in such suspension, or if the Promoters do not complete the tramways and open them for public traffic within three years after the date of the passing of this Ordinance*, the powers and privileges given to the Promoters wnder this Ordinance shall cease and determine, except as to such line as shall be completed within the periods above specified. Provided that, in the case of any line for which there is any road not com- plete and ready for the laying of the tramways at the date of the passing of this Ordinance, the periods above-mentioned shall com- mence to run from the completion of such road, instead of from the date of the passing of this Ordinance. 5. The Promoters may, at any time, witli the sanction of the Governor in Council, lease, sell, assign, and dispose of their undertaking, or any part thereof, to such person. Corporation, or Company, upon such terms and conditions in all respects as the Promoters shall think fit ; and when any such lease, sale, assign- ment, or disposal has been made, all the rights, obligations, and liabilities of the Promoters in respect to the undertaking, or any part thereof, leased, sold, assigned, or disposed of, shall be transfeiTed to, vested in, and may be exercised by, and shall attach to the person, Corporation, or Company to whom the same has been leased, sold, assigned, or disposed of; and for the purposes of this Ordinance such person, Corjjoration, or Company shall be deemed the Promoters. 6. Nothing in this Ordinance contained shall be held to prevent the Government of the Colony, or the Municipal Commissionere ■with the approval of the Governor in Council, from constructing ■ and using tramways at any places or along any streets or roads on which tramways are not laid and used by the Promoters, and such tramways may cross nnd re-cross the tramways of the Promoters. Provided that nothing in this Ordinance contained shall prevent any person from constructing and using tramways ■within the boundaries of their own lands and premises. 7. The Promoters shall, during the continuance of the privi- lege granted to them by this Ordinance, have the exclusive use of the tramways laid down by them for carriages with flange wheels, or other wheels, suitable only to run on the prescribed rails. Any person who shall, without due authority, use the tramways with such carriages, shall be liable to a penalty not exceeding one hundred dollars for every instance of such use, and such penalty when levied shall be paid to the Promoters by way of compensation. 8. It shall be lawful for the Government of the Straits Settlements, at any time or times, to use, in preference to the Promoters and all other persons, the tramways hereby authorised with the carriages and motive power used for working the same, for defensive or military purposes, or for the passage of troops . and war material, or for other general Government purposes. * See footnote on preceding page. TKAMWAYS. [XII. OF 1882.] 110& 9. The Government shall pay to the Promoters, . for such Government to use as aforesaid, such tolls as shall be agreed on, or such tolls as P^y ^°^^- shall be decided upon by arbitrators in the usual way of settling by arbitration matters in difference. 10. It shall be lawful for the Promoters, at any time, to Liberty to abandon their undertaking, or any part thereof, and to take ^^^^'^o^- up the tramwaj'S, or any of them, on giving to the Municipal Commissioners six months' notice in writing of their intention so to do ; and the Municipal Commissioners are herebj' empowered, in the event of the abandonment of the said tramways or any part thereof, to take them over as provided in section 4 ; but if the Promoters shall abandon the tramways or any of them, they shall fill in the ground, and make good the surface of the road upon which such tramways were laid. 10a. If at any time after the opening of any tramway for -Ojsconftna- traffic the Promoters shall discontinue the working of it, or of ,""us. '^'""" any paH thereof, for a period of six months, the Governor may, hy Order in Council, declare that the powers and privileges of the Promoters in respect of such tram,way so discontinued shall, from the date of such Order, cease and determine, and thereupon all the powers and privileges of the Promoters in respect of such tram- way shall cease and determine, and the Municipal Commissioners Municipal shall, at the expense of the Prorrtoters, ta:ke up and remove such to''removeor^' discontinued tramway, or part thereof, and shall fill in the ground, take over and Tnake good the surface of the road upon which such tramway discontinued was laid ; or the Municipal Commissioners may, at their option, ^"■'^"'"■y- take over such discontinued tramway, or part thereof, in the manner provided in Section 4 for the taking over of the plant and property of the Promoters hy the Governor on behalf of Her Majesty, and such discontinued tramway, when so taken over hy the Municipal Commissioners, shall he vested in and belong to the Municipal Commissioners. 11. The Promoters and Municipal Commissioners may, from Agreements time to time, enter into any agreements with respect to the con- JJ^i*^pai;t struction, maintaining, removing, renewing, repairing, and using of the roads and tramways, or any of them, and the rails, plates, sleepers, and works connected therewith, and the facilita- tino' of the traffic by laying down temporary lines in any adjacent road during the time required for repairs or for the construction of Municipal works. Making of Tramways. 12. The tramways shall be constructed on a gauge of 4 feet Construction 9,\ inches in width, of steel-grooved flat-bottomed rails, laid in "ftramways. trenches of concrete on sleepers of iron or wood, or of such other gauge and construction as may be approved by the Governor in Council. And the Promoters shall adopt and apply, from time to time, such improvements as the Municipal Commissioners may reasonably require, having regard to the^ greater security of the public, and advantage to the ordinary traffic. 1110 [XII. OF 1882.] TRAMWAYS. Power to alter levels, &c. Injury to dreuns and works. Tramways to te kept level with the roads. Bails, Sea., may he laid suhject to approval of Municipal Commis- Power to con- vert single lines into douhle lines. 13. The Promoters may, at their own expense and risk, in the construction of the tramways, with the approval of the Municipal Commissioners, alter the levels of the ground on which the tramways are to he laid, may widen bridges, and may make and construct all necessary cuttings and embankments, bridges, viaducts, culverts, catch-water drains, and other necessary works, and they may, in like manner, divert streams. Provided that- in any case where the diverting of any stream shall cause injury or damage to the owner of any adjacent property, the Pro- moters shall make compensation to such owner in the manner provided by any written law in force in the Colony for giving compensation for lands acquired for public purposes ; and provided that the Municipal Commissioners shall, at all times, have power to inspect, examine, repair, alter, and, if necessary, re-construct all or any of such works in such a way as they shall think fit. 14. In case of any of the sewers, drains, or other works, vested in the Municipal Commissioners, being injured in conse- quence of any act of the Promoters, or their servants, the Municipal Commissioners shall have power to repair, or recon- struct, as may be necessary, any and all such works at the cost of the Promoters, and for that purpose the Municipal Commis- sioners shall, at all times, have power to inspect, in such manner as they may consider necessary, all such sewers, drains, and other works, and the cost of all such repairs or re-construction shall be recoverable as herein-after provided. 15. If the Municipal Commissioners should hereafter alter the level or direction of any street or road upon which any of the tramways are laid, the Promoters shall, at the expense of the Municipal Commissioners, alter their rails, so that the uppermost surface thereof shall be on a level with the surface of the road as altered; and the expense so incurred by the Promoters shaU be paid to them by the Municipal Commissioners, and shall be re- coverable, upon proof thereof, as fines are recoverable before a Magistrate. 16. All proper rails, turn-tables, plates, sidings, passing-places, stopping-places, signals, points, crossings, termini, turnouts, weigh- bridges and connections between the lines necessary for working the traific on the tramways may be laid down, made, and main- tained under the authority in this Ordinance contained, but subject, as to the position and length of the sidings, passing-places, stopping- places, signals, points, crossings, and termini, to the approval of the Municipal Commissioners. 17. Where a single line with passing-places and sidings is authorised, the passing-places shall, as far as practicable, be in sight of each other, and such single line may, at any time there- after, with the consent of the Governor in Council after consul- tation with the Municipal Commissioners be converted into a double line. And where a double line is authorised, it shall not be compulsory upon the Promoters to lay down a double line, but they may, at their discretion, lay down, in the first place, a single line of tramway with passing-places and sidings in lieu of TRAMWAYS. [XII. OF 1882.] 1111 such double line, and may, at their discretion, at any time there- aftei', convert such single line into a double line. Maintenance of Teamways. 18. The Promoters shall, at all times, maintain and keep in Penalty for good condition and repair, so as not to I be a danger or hindrance not keeping , to the ordinary traffic, the rails of which any of the tramways go^o'd™ndr for the time being consist, and the substructure upon which the tion. same rest ; and if the Promoters shall, at any time, make default in complying with this provision, they shall, for every offence, be subject to a penalty not exceeding twenty-five dollars, and, in case of a continuing offence, to a further penalty not exceeding ten dollars for every day after the first on which such default continues. 19. After laying down the rails, the Promoters shall restore Repairing of the roads to as good a condition as they were in before they were roads, broken up ; and for this purpose, they may use any paving, metal- ling, or material excavated in the construction of the works or tramways. The Promoters, after such rails have been thus laid, shall thereafter keep in perfect repair the whole width of the roads or streets upon which the rails are laid, and they shall be paid by the Municipality a sum per mile to be determined by contract between the Promoters and the Municipal Commissioners. 20. In the construction or maintenance of, or in the execution Opening of repairs to, a tramway, the Promoters shall not break up, or "** ^* interfere with, more than one hundred yards in length at a time ; and they shall leave an interval of at least four hundred yards between any two places at which they may open or break up the road. Execution of Works. 21. Whenever any work is required by this Ordinance to be Default in executed by the Promoters, and default- is made in the execution of e'^^cution of such work, the Municipal Commissioners (whether any penalty is or is not provided for such default) may cause such work to be executed, and the expense thereby incurred shall be paid to them by the Promoters, and shall be recoverable as herein-after provided. The expense so incurred shall be certified in writing by any two Expense how or more of the Municipal Commissioners, and when so certified the recoverable, amount shall be recoverable from the Promoters, on pro.of of the certificate, as fines are recoverable before a Magistrate. 22. In the event of any difference between the Municipal i^ pase of- . Commissioners and the Promoters relating to anything to be done ^'^^"^^^j or omitted to be done under this Ordinance, such difference may, cipality, Gover- where no provision is herein contained for settling the same, be i""" in Council referred either by the Municipal Commissioners or by the Pro- *° ^®"'^®' moters to the Governor in Cotmcil, who, after hearing what may be urged on both sides, shall decide the difference in question, and any order of the Governor in Council deciding such difference, or directing anything [to] be done, or not to be done, shall be held to b© a 1112 [XII. OF 1882.] TRAMWAVS. final settlement of the said difference, and every such order shall be carried into effect as if the same were specially en acted in this Ordinance. Motive power. Begulations as to motiye power and use. Motive Power on Tramways. 23. The carriages used on the tramways may, subject to the provisions of this Ordinance, be moved by animals, steam, com- pressed air, electricity, or any other motive power which is now, or may hereafter be, used for moving carriages or vehicles. Every such motive power, and every carriage drawn or propelled thereby, shall be fitted with such mechanical appliances for pre- venting the motive power from operating, and for bringing the vehicle bearing the motive power, and any carriage drawn or propelled thereby, to a stand, as the Municipal Commissioners may, from time to time, think sufficient. 24. Every engine, machine, or appliance used as cr for a motive power, and every carriage drawn or propelled on the tramways shall have its number shown in some conspicuous part thereof, and every such engine, machine, or appliances shall be fitted : — (a.) with an indicator by means of which the speed shall be shown ; (b.) with a suitable fender to push aside obstructions ; (c.) with a special bell and whistle, or other apparatus (to be approved of by the Municipal Commissioners, subject to approval by the Governor in Council), to be sounded as a warning when necessary ; and with a seat for the driver of the motive power so placed as to command the fullest possible view of the road before him. Every such motive power shall be free from noise of machinery, and the machinery shall be concealed from view at all points above four inches from the level of the rails ; and all fire used for such motive power shall be concealed from view, and pre- cautions (to the satisfaction of the Municipal Commissioners) shall be taken to prevent smoke, flame, sparks, or fire from escaping from any part of the vehicle. 26. Every carriage, to be used for the conveyance of passengers in the tramways, shall be registered yearly by the Promoters and licensed at the Office of the Registrar of Hackney Carriages as a Tramway Carriage under this Ordinance, and the register and license shall state the number of passengers which may be carried inside and outside the carriage. 27. Inside and outside every such carriage shall be placed in a conspicuous place a plate or board having printed or painted thereon in a legible manner the number of passengers so licensed to be carried inside and outside the carriage ; such licenses shall be renewable every year, and a license fee of one dollar shall be paid by the Promoters for each license. Drivers to he 28. I.— On the application of the Promoters, the Registrar of icense. . Hackney Carriages shall grant a license yearly to such persons as Further regu- lations. (d.) 25. Begistration of carriages. Carriages to show number of passengers they carry. TRAMWAYS. [XII. OF 1882.] 1113 the Promoters may bring before him to be licensed as a driver or conductor of tramway carriages ; such licenses shall be renewable every year, and a license fee of one dollar shall be paid by the Promoters for each license. II. — No such license shall be granted to any person as a driver of, ^^riverg to he or manager of, any 'engine, machine, or appliance used as a motive ^"^ * " power, unless the person holds a certificate issued under Rules made by the Governor in Council in accordance with the provisions of the Ordinance No. VIII. of 1877*, or such other certificate as the Governor may think necessary, to show that the person to be licensed is competent to manage the machine or appliance used as the motive power. 29. Subject to the provisions of this Ordinance, the drivers and Drivers sub- conductors of the tramway carriages, shall be subject to the ject to several provisions of sections 20 to 24 and of sections 34 to 36 of ^/foTo""* ^' "The Hackney Carriage Ordinance, 1879," in so far as the said provisions, or any of them, may -be applicable to drivers and con- ductors of tramway carriages. 30. If any tramway carriage shall be used for the carriage of Penalty, passengers by the Promoters without being registered, or without having a plate or board with- the licensed number of passengers as required by sections 26 and 27 of this Ordinance, the Promoters shall be liable to a penalty not exceeding fifty dollars for every day or part of a day the carnage is so used. 31. The Promoters, or any person using any motive power on Penalty for any of the tramways contrary to the provisions of this Ordinance, contrary to shall, for every such ofience, be subjected to a penalty not exceeding Ordinance, five hundred dollars, and if the ofience is continued after conviction, the vehicle in or by means of which the motive power is used shall be forfeited to the Government. Use of Tramways. 32. No part of the tramways shall be opened for public traffic Trai^^ays not until the same hag been inspected and certified to be fit for such until certified traffic by the officer or officers duly appointed for that purpose by fit for traffic, the Municipal Commissioners, and until an order has been signed by the Colonial Secretary and published in the Government Gazettet. authorising the same to be opened for such traffic. 33. The tramways shall be used by the Promoters for the Traffic, purpose of conveying passengers, mails, animals, goods, merchandize, minerals, produce, and parcels. 34. The Promoters shall not be bound to carry, unless they Promoters think fit, any animals, goods, 'merchandize, minerals, produce, cany°s"mau'* parcels, or other cargo, which shall be less than one cubic foot in packages, measurement. 35. Any passenger travelling upon the tramways may take Passengers' personal luggage not exceeding sixteen pounds in weight, or one ^^gS'^g^- ' cubic foot in measurement. * An Ordinance to amend the Stoam Boilers Ordinance, 1876. t For orders under this section see Government Gazette of April 22, 1886, p. 562 ; and of June II, 1886, p. 860. 1114 [XII. OF 1882.] TEAMWAYS. All such personal luggage shall be at the responsibility of the passenger, and shall be carried by hand, and shall not occupy any part of a seat, nor be of a form or description to annoy or incon- venience other passengers. Construction of carriages. Inspection. Speed. Further regulations by Governor in Council. Dangerous and offensive goods. If carriages full. Company not bound to carry. Safety and Convenience. 36. Every carriage used on the. tramways shall be constructed so as to provide, to the satisfaction of the Municipal Commissioners, for the safety of passengers during transit, and for their safe entrance to, exit from, and accommodation in, such carriage. 37. Any officer or officers appointed for the purpose by the Governor or the Municipal Commissioners, may, on complaint made by any person, inspect any animal with its, harness and any motive power and carriage used on the tramways, and the machinery and fittings therein or thereon, and may prohibit the use on the tram- ways of any animal, harness, and fittings, and any motive power or carriage which, in his or their opinion, may not be safe, or proper and suitable for [traffic ; and if any such animal, harness, motive power, carriage, machinery, or fittings is or are unsafe, improper, or unsuitable for traffic, the person knowingly using any such animal, harness, motive power, carriage, machinery, or fittings shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred dollars for every such offence. 38. The speed at which the carriage may be drawn, or propelled, along the tramway, shall not, at any time, exceed the rate of ten miles an hour ; and, when passing through moveable facing points and around curves, the speed shall not exceed four miles an hour. 39. The exercise of the power conferred in section 23, with respect to the use of steam or any other motive power, shall be further subject to any regulations which may hereafter be added thereto, or substituted ■ therefor, by any order which the Governor in Council may make, and which he is hereby empowered to make, when he may think fit, for securing to the public all reasonable protection against danger. 40. No person shall be entitled to carry, or to require to be carried, on any tramway, any goods of a dangerous or offensive nature ; and if any person send by any tramway any dangerous goods, without distinctly marking their nature on the outside of the package, and giving notice to the Promoters, or their proper officers, he shall be liable to a penalty not exceeding two hundred dollars for every such offence : and it shall be lawful for the Promoters, or their proper officers, to refuse to take any package that they may suspect to contain goods of a dangerous nature, or to require the package to be opened to ascertain the fact. 41. If the carriages shall, during any journey, contain their proper complement of passengers, the Promoters shall not be bound to find accommodation, in that journey, for any other passenger, notwithstanding that such other passenger may have purchased a ticket, or tickets, entitling him to travel upon the tramways, or any of them. But if they are unable to provide accommodation TRAMWAYS. [XII. OF 1882.] 111,5 as aforesaid, the Promoters shall, on demand, retv/rn to any pas- senger who shall have purchased a ticket as aforesaid the amiownt 80 paid by him,. Fabes for Passengers. 42. I. — The Promoters may demand and take for every pas- Tolls for senger travelling upon the tramways, or any part thereof, tqUs not passengers, exceeding the rates set out in the Schedule A, or such other rates as may, from time to time, be fixed by the Governor in Council. II. — Every fare paid shall entitle the passenger to travel between the extreme points indicated, once in the same direction con- tinuously, and' without leaving the cars, on the day on which such fare shall be paid ; but shall not entitle the passenger to be carried any farther 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 toll was received, nor on any other day or days. III. — The fares and charges by this Ordinance authorised shall be paid to such persons, at such places upon or near the tramways, and in such manner and under such regulations, to be approved of by the Municipal Commissioners, as the Promoters may, by notice to be annexed to the list of fares, from time to time appoint. Rates fob Goods. 43. The Promoters may demand and take for animals, goods, ToUs for merchandize, produce, minerals, and parcels conveyed on the animals and tramways, tolls not exceeding the rates set out in Schedule B, or "^^5°- such other rates as may, from time to time, be fixed by the Governor in Council. I. — A fraction of a mile beyond an integral number of miles shall be deemed a mile. II. — For a fraction of a ton the Promoters may demand and take tolls and charges, according to the number of the quarters of a ton in such fraction ; fractions of a quarter of a ton being deem.ed a quarter of a ton. III. — With respect to stone and timber, fourteen cubic feet of stone, fifty cubic feet of China fir or Singapore cedar, and forty cubic feet of any other timber, shall be deemed one ton weight, and so in proportion, for any smaller quantity. IV. — With respect to all other articles the weight shall be determined according to the usual avoirdupois weight of 2,240 pounds ' to the ton ; or, at the option of the Promoters, by measurement of 40 cubic feet to the ton. 44. It shall be lawful for the Governor in Council to fix fares Governor in for nassenffers, and rates for goods for any line of tramway to be po™"! *" fix ,i- ■ ? fL L^ • J? -u • rv J • fares and authorised alter the passmg oi this Urd] nance. j.^tgg fp^ other lines. Bye-Laws, 45. Subject to the provisions of this Ordinance, and to the Bye-laws, approval of the Governor in Council, the Municipal Commissioners 1116 [XII. OF 1882.] TRAMWAYS. may, from time to time, make, and when made, rescind, annul, or add to, tye-laws with regard to any of the tramways for all or any, of the following purposes, that is to say : — (a.) For regulating the use of the bell, whistle, or other warning apparatus as" required to be provided by section 24, and for the exhibition of necessarj' lights from sunset to sunrise ; (b.) For regulating or prohibiting the emission of smoke, fire, sparks, or steam from any machine used for motive power on the tramways ; (c.) For providing that the motive power and carriages shall be brought to a stand at the intersection of cross-streets, and at other places, and in cases where danger is likely to arise ; (d.) For regulating the entrance to, exit from, and accommoda- tion in, the carriages used on the tramways, and the protection of passengers from the machinery of any motive power used for drawing or propelling such car- riages ; (e.) For regulating the intervals at which carriages may be despatched, and, subject to the provision of section 38, the speed at which the carriages may be drawn or pro- pelled at different places and at different hours of the day or night, and under particular circumstances of traffic on tha cross-streets; and for limiting the width of the carriages ; (f.) For providing for the due publicity of all regulations and bye-laws in force, for the time being, in relation to the tramways, by exhibition of the same in conspicuous places on the carriages and elsewhere. Any person offending against, or committing a breach of, any of the bye-laws, made under the authority of this section, shall be liable to a penalty not exceeding ten dollars. Offences. Further ofifences. Offences. 46. If any person wilfully obstructs any person acting under the authority of the Promoters in the lawful exercise of any of the powers hereby conferred, or damages, or destroys any property of the Promoters, he shall, for every such offence, be liable, to a penalty not exceeding fifty dollars. If any person, without lawful excuse (the proof whereof shall lie on him), wilfully does any of the following things, namely : — Interferes with, removes, or alters, any part of a tramway, or of the works or marks connected therewith ; Places, or throw?, any stones, dirt, wood, refuse, or other material on any part of a tramway ; Does, or causes to be done, anything in such a manner as to obstruct any carriage ' using a tramway, or to endanger the lives of persons therein or thereon ; Knowingly aids or assists in the doing of any of such things ; TRAMWAYS. [XII. OF 1882.] 1117 Or acts as a driver or conductor of any tramway carriage without being duly licensed ; lie shall, for every suph offence, be liable (in addition to any penalties imposed in proceedings by way bf indicLment, or other- wise) to a penalty not exceeding fifty dollars. If any person travelling, or having travelled, in any carriage. Avoiding avoids, or attempts to avoid, payment of his fare ; or if any person payment of having paid his fare for a certain distance, knowingly and wilfully proceeds beyond such distance, and attempts to avoid payment of the additional fare for the additional distance ; or if any person knowingly and wilfully refuses, or neglects, on arriving at the point to which he has paid his fare to quit the carriage, every such person shall, for every such offence, be liable to a penalty not exceeding ten dollars. 47. All tolls, penalties, rates, and charges made or incurred Eeoovery of under or by virtue of this Ordinance, or any Bye-law made under *°^t,^°^ the authority of this Ordinance, shall, except where otherwise provided, be recovei;ed, levied, and distributed before a Magistrate or a Court of two Magistrates. ' 48. This Ordinance may be cited as " The Tramways Ordinance, short Title. 1882." SCHEDULE A. Fares for Passengers (Section 42). 1. From Roclior to tte Central PoUce Station, or the reverse, or any part of the distance : — For first class passengers, ten cents. For second class passengers, six cents. 2. From the Central Police Station to Tanjong Pagar, or the reverse, or any part of the distance : — For first class passengers, ten cents. For second class passengers six cents. {?. From Sirangun Eoad to High Street, or the reverse, or any part of the distance :— For first class passengers, ten cents. For second class passengers, six cents. 4. From CoUyer Quay, or Boat Quay, to the New Harbour Dock Com- pany's "Wharf, or the reverse, or any part of the distance :— For first class passengers, fifteen cents. For second class passengers, ten cents. SCHEDULE B. Rates for Goods (Section 43). Per mile. 1. For coals, coke, charcoal, stone, lime, salt, sand, earth, fire-clay, cinders, dung, compost, manure, bricks, slags, tiles, slates, metals, per ton - ,20 cents. 2. For sugar, cofi"ee, flour, corn, rice, dyewood, timber, gambier, sago, tapioca, ppr t"n - ■ - - - - 20 „ 1118 [V, OF 1883.] JUNK AND TONGKANG LICENSING. 3. For cubic gambier, pepper, gutta, nutmegs, hides, fish, earthenware, and light iron castings, per ton ... 4. !For rattans and ooprah, per ton 5. For manufactured goods, wools, matches, drugs (except opium), provisions, and all other merchandize, wares, or articles, per ton, weight or measurement .... 6. For opium, per chest ........ 7. For every parcel, not exceeding 7 lbs. in weight ... ,, ,, ,, exceeding 7 lbs. but not exceeding 14 lbs. „ „ „ exceeding 14 lbs.' ,, 28 ,, 8. For parcels exceeding 66 lbs., and for all cargo not here enumerated, such rates as, with the approval of the Governor in Council to be published in the Government Gazette, the Promoters may think fit. Per mile. 30 cents. 35 „ 30 20 5 10 15 20 Ordinance No. V. of 1883. An Ordinance to provide for the Issue of Licenses to Junks and Tongkangs belonging to the Straits Settle- ments. [6th July, 1883.] FRED. A. WELD, Governor and Commander-in-Chief. Whereas it is expedient to provide for the issue of licenses authorising junks and tongkangs belonging to the Straits Settle- ments to ply between the Colony and neighbouring ports : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Licenses to be 1. It shall be lawful for the Master Attendant, Harbour Master; F^*^* *d °^ other Port Officer, in such cases as he shall think fit, to grant tongkangs to to any owner of any junk or tongkang a license authorising such ply between junk or tongkang to ply between this Colony and neighbouring l''eLhbounnK°^ P°^*^ during such period and subject to such conditions as the ports. Governor may determine, and such conditions shall be endorsed on or contained in such license, and on a license being so granted for any such junk or tongkang, the master thereof shall cause the number of the said license to be painted (to the satisfaction of the Master Attendant, Harbour Master or other Port Officer) on each Proviso. bow and on the stern : Provided that no such license shall be granted unless the intended licensee shall enter into a bond together with one or more sureties resident in the Colony and to be approved of by the Colonial Secretary or Resident Councillor con- ditioned in any sum not exceeding one thousand dollars for the observance of the conditions of such license. 2, A register of all licenses granted under this Ordinance noenses to be gj^g^^j i^^ j^^p^ |jy ^^^ Master Attendant, Harbour Master, or other Register of licenses to be FEES. [VI. OF 1883.] 1119 Port Officer, and shall contain the following particulars: — the name of the licensee ; the name, rig, and tonnage of the junk or tongkang; the names of the sureties of the licensee ; the date of the license ; or such other particulars as may be directed by the Governor. 3. It shall not be lawful to, change the name of any junk or Change of tongkang for which a license shall have been granted as aforesaid "^™® of junk except with the _ approval in writing of the Colonial Secretary or Z be^lpproved Resident Councillor, and every change of name of any such junk of and noted or tongkang shall be endorsed on or contained in such license and °° license, shall be entered in the register aforesaid. 4. Such fees sbaU be charged for anything done in pursuance of S"ees. the provisions of this Ordinance as may, from time to time, be directed by the Governor in Council.* 5. This Ordinance maybe cited as " The Junk' and Tongkang short Xitle. Licensing Ordinance, 1883," Ordinance No. VI. of 1883. An Ordinance to provide for the mode of collecting Pees and Payments in Public Offices and Departments. [6th July, 1883.] FRED. A. WELD, Governor and Commander-in-Chief Whereas it is provided by certain Ordinances that the fees and other dues ■ leviable under the provisions of such Ordinances shall be paid by means of stamps; and whereas it is expedient that power shall be given to the Governor by Order in Council to direct that such fees and other dues shall be paid in money : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as foUows : — 1. It shall be lawful for the Governor, by Order in Council, to Governor in declare, from time to time, that all or any fees or payments in any Council may of the public offices and departments of the Colony now made and payments payable by means of stamps shall be paid in money, any Act or to be payable Ordinance in force in the Colony to the contrary notwithstanding, ™ stamps or and, from time to time, to rescind, alter or amend any such Order in Council.t 2. This Ordinance may be cited as "The Fees Ordinance, 1883." Short Title. * For Scale of Fees, see Government Gazette of December 21, 1883, p. 1543. ■f For Order in Council under this section, see Government Gazette of January 4, 1884, p. 6, cancelled by subsequent Order in Council, see Government Gazette of January 25, 1884, p. 95. 1120 [X. OF 188S.] CROWN LANDS. Ordinance No. X. or 1883, Information of encroachment. EemoTal of unlawful occupants. An Ordinance to prevent Encroachments upon Crown Lands. [26tli October, 1883.] FRED. A. WELD, Governor and Commander-in-Chief. Wheeeas divers persons, without any probable claim or pretence of title, have taken and are continually taking possession of lands in this Colony belonging to Her Majesty, and it is necessary that provision be made for the remedying and preventing of such encroachments ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thei'eof, as follows : — 1. It shall be lawful for a Magistrate, upon the sworn informa- tion of a Commissioner of Lands, or of any Land ReVenue or other public officer, charging any person or persons with being in unlawful occupation of any Crown land, to issue a summons for the appear- ance before him of the party or parties so informed against, and of any other person or persons whom it may be necessary or proper to examine as a witness or witnesses on tlie hearing of any such information. 2. The said Magistrate "shair proceed in a summary way in the presence of the parties, or, in case of wilful absence of any person against whom such information shall have. been laid, then in his absence, to hear and determine such information ; and on being satisfied of the truth thereof, either by the admission of the party informed against or on other sufficient evidence, such Magis- trate shall issue his warrant addressed to the Inspector-General of Police, or to any Police Officer, requiring him forthwith to dis- possess and remove such person from such land, and on behalf of Her Majesty to take possession of the land, together with all crops growing thereon, and all buildings and other immoveable property upon and affixed thereto, and the person to whom such warrant is addressed shall forthwith carry the same into execution, according to the tenor and exigency thereof, in the same manner as any writ of habere facias possessionem may now be executed by virtue of any law existing at the present time in the said Colony : provided that the jurisdiction of such Magistrate shall be taken away by a honk fide claim of title, raised by the occupant at such hearing, and provided also that such warrant shall not issue for taking possession of any such property, in manner aforesaid, until a period of 48 hours shall have elapsed from the time of adjudication by such Magivstrate, and that the person so charged shall have, and may exercise, all rights of appeal against the decision of such Magistrate in the same manner as he can now exercise such right against any determination, order, judgment or conviction of a CEOWN LANDS. [X. OP 1883.] 1121 Ma^strate under "The Appeals Ordinance, 1879," or any other Ord. Xlii. of Ordinance for the time beina: in force. ^^^®" 3. The said information, summons and warrant may be in the ^"rms. form or to the effect respectively of Schedules A, B and C to this Ordinance annexed. 4. Provided always, that in case any such summons shall be *-'°?''' ™*y dismissed, it shall be lawful for the said Magistrate, if he shall think "f co^sfst^"*"* fit, to order payment by Government, to the party or parties against whom the same may have jDcen issued, of such sum as the said Magistrate may consider to be the amount of costs fairly incurred by such party or parties, by reason of such summons so dismissed. 5. Any person who shall unlawfully enter into possession of Penalties for any Crown land, either by residing or by erecting any building or trespassing, hut thereon, or by clearing, enclosing or cultivating any part thereof, or cutting timber or produce thereon, or who shall directly or indirectly abet, within the meaning of the Penal Code, the commission of such act or trespass by another person, shall be liable, on conviction before a Magistrate, for a first offence, to a penalty not exceeding one hundred dollars, and, for a second or subsequent offence, to a penalty not exceeding one hundred dollars, or to imprisonment, of either kind, for a period not exceeding six months. 6. It shall be lawful for the Magistrate before whom any person Recovery of shall be convicted of an offence under the preceding section, to ^'^ps"^'^^- order such person to pay, in addition to any fine which shall have been imposed for such offence, the value of any timber or other Government property exit down, destroyed or injured upon such land during any period of the imlawful occupation thereof by such person, and the expense of any survey which shall have become necessary for proving such unlawful occupation, or for ascertaining the extent thereof For the purpose of ascertaining such value and expense, a certificate in writing under the hand of the Collector of Land Revenue of the Settlement in which such land is situated, shall be held, until the contraiy be proved, to be proof that the sum therein set down is the true amount to be recovered from such person in respect of such value and expense as aforesaid. Any sum ordered to be paid under this section, whatever may be the amount thereof, may be recovered in the manner provided by law for the ecovery of fines in Magistrates' Courts. 7. All forest, waste, unoccupied or uncultivated land shall be Waste lands presumed to be the property of the Crown until the contrary ^^^^ deemed thereof be proved, and all alienated lands Avhich have been suffered of the'crown. to lie waste or abandoned shall, as against any person who may be found in occupation thereof) or any pa,rt thereof, without probable claim or pretence of title, be deemed to be forest or waste lands within the meaning of this section. 8. When any land "in the Colony heretofore alienated or demised, ^''f°?;*^'? or hereafter to be alienated or demised, by or on behalf of the done'^, may bV 'Crown, shall appear to the Collector of Laud Revenue of the resumed by , the Crown. 4 B 1122 [X. OF 1883.] CROWN lands. Settlement in which such land is situate to have been abandoned or suffered to lie waste for three years or upwards, it shall be lawful for such Collector, with the sanction of the Governor, to declare, by an advertisement in the Government Gazette, and by a notice in the English, Malay, Chinese and' Tamil languages posted on such land, that if such land is not claimed in six months by a person able to establish a title thereto, it shall be deemed to have been forfeited to the Crown ;' and if within the term of six months appointed by such advertisement, such land shall not be claimed by a person able to establish a title thereto, it shall be deemed accordingly to have been forfeited to the Crown, and shall be considered to be forest or waste land within the meaning of section 7, and any grant or lease affecting such land theretofore executed, and any deed purporting to deal with the same, or any part thereof, shall be deemed to be void. Whenever any land shall be forfeited to the Crown under this section, a notification to that effect shall be published in the Government Gazette and shall be posted on such land or at the Police Station nearest thereto. Limitation. g^ ^jjy ]a,]i(j forfeited to the Crown under section 8 may be dealt with as may seem expedient to the Governor. Such land shall be appraised without delay by some person or persons ap- pointed for that purpose by the Governor, and the appraised value shall be recorded in the Land Olfice of the Settlement in which such land is situate. Provided that if, within six years from the forfeiture or resumption thereof, any person shall establish his title thereto to the satisfaction of the Governor in Council, he shall be entitled to receive from the Treasury of the Colony a, sum equal to the appraised value of such land so recorded as aforesaid. session for five years, If party has 10. Whenever any person shall have, without any grant, title, teen in pos- permit, or written authority from Government, taken possession of "" and cultivated, planted, or otherwise improved any land belonging to Government, and shall have held uninterrupted possession thereof for not less than five years, such person shall be entitled to a grant or lease from Government of such land, on payment by him or her of such sum not exceeding, in any- case, half the improved value of the said land, upon such terms as to quit-rent or other annual pay- ment, and upon such conditions as the Governor may direct ; unless Government shall require the same or any part thereof for public purposes, or for, the use of Her Majesty, Her Heirs and Successors. The improved value of such land shall be appraised by the Col- lector of Land Revenue, and shall be the selling value thereof, exclusive of the value of buildings, growing crops and fruit-trees thereon. Penalty for u. If any person shall knowingly and wilfully depasture without CrowTknds?'' authority in that behalf, any horse or ciittle on any Crown lands not being a common, he shall be liable, on conviction thereof before a Magistrate, to a penalty not exceeding twenty-five dollars. Penalty for 12. If any person, not licensed or otherwise authorised in that other tres- behalf, shall cut, dig or take from any Crown land any live or dead CROWN LANDS. [X. OF 1883.] 1123 timber, or other vegetable product, or any bees' wax, guano, mineral. Passes on gravel, stone, coral, shell, sand, loam, brick-earth or other product, ^'""^ ^^^^^' or cut, saw, remove or sell any timber or produce lying or being on Crown land, or strip or remove bark from any tree in any Crown land, every such person shall, on conviction before a Magistrate, of any of the said offences, be liable to a penalty not exceeding one hundred dollars. * * * ' * * 14. Every encroachment on any public road, street, or highway. Encroachment by building or other erection, or by enclosure, planting or* other- °" ^?^ ™*y wise, shall, on information thereof, be immediately abated and summary removed by the order of a Magistrate in the manner provided for Criminal the abatement of obstructions and nuisances bv the order of two Jurisdiction Magistrates, by Ordinance No. XIII. of 1872, and the party or i872, ' parties offending may be ordered to pay such damages as such Magistrate shall order, besides the costs of the proceedings. 15. The Governor may, from time to time, appoint a sufficient Forest number of persons to be Forest Rangers and Penghulus, and may, pgn^^^i^"^ if he shall think fit, define the boundaries within which such Forest Rangers and Penghiilus shall exercise the functions herein assigned to them ; and every such Forest Ranger or Penghiilu shall, during his continuance in office, do, on behalf of Her Majesty, or on behalf of a Commissioner of Lands or Collector of Land Revenue, all acts for preventing intrusion, encroachment and trespass on Crown lands within the Colony, or for levying or recovering the rent or the license fee payable in respect thereof, or in respect of the rent of any land held under any grant or lease from Government, or for taking and recovering possession of any allotment or lands in case of forfeiture, or for such other purpose as the Governor may, by regulsttions, direct, and such Forest Ranger or Penghiilu shall have the like power and authority to do all ^uch acts as any Bailiff lawfully appointed may by law do in respect of any lands, tene- ments or hereditaments of his employer. 16. Any Forest Ranger or Penghfllu who shall wilfully or Forest Ean- knowingly refuse or neglect to give every information within his f-g^ghmus knowledge or power immediately to the Commissioner of Lands, to give infor- or to the Collector of Land Revenue of the Settlement in which mation. he may be employed, of any encroachment made by any person or persons upon any land being the property of the Crown, and situate in the district of such Forest Ranger or Penghiilu, and any Forest Kanger, Penghiilu, or Police Officer who shall, without lawful excuse, neglect or refuse to do and perform any of the duties, matters, and things imposed on him by this Ordinance, shall be guilty of an offence, and shall be hable, on conviction thereof before a Magistrate, to a penalty not exceeding one hundred dollars. 17. It shall be lawful for all Forest Rangers, PenghMus and Arrest with- Police Officers within their respective jurisdictions, and they are ""^^ warrant, hereby required, to arrest without warrant and take before a Magistrate having jurisdiction any person whom they shall find * In the original the word " or " is repeated here. 4 B 2 1124 [X. OF 1883.] CEOWN LANDS. committing any offenne punishable under sections 11, 12, and 13 of this Ordinance. Se^g ™aer ^^- Nothing in this Ordinance contained shall be held to deprive Ordinance XV. the Grown of any right to proceed under " The Crown Suits of 1876, Ordinance, 1876," or of any remedy against trespassers given by reserved. ^^^ Short Tifle. 19. This Ordinance may be cited as " The Crown Lands Ordi- nance, 1883." SCHEDULES. A. Form of Information and Complaint against Unlawful Occupation of Crown Lands. The information and complaint of A.B. To Wit. taken this day of in the year of our Lord 18 , before the undersigned, a Magistrate in and for the Settlement of , now saith that CD., of , is in unlawful occupation of certain Crown Lands to wit Sworn before me the day and year first above-mentioned, at B. Form' of Summons to Unlawful Occupant. "I In the matter of " The Crown Lands Ordinance, 1883," To Wit. J and between complainant, and , occupant : You are hereby summoned to appear at before on the day of at o'clock in the forenoon, to answer the complaint of that you are in the unlawful occupation of certain Crown Lands •to wit Dated the day of 18 In case you fail to attend this Summons, upon proof of service of the same the complaint will be heard in your absence, and such order made as to ■the Magistrate shall seem fit. c. Form of Warrant to Dispossess Unlawful Occupant. 1 In the matter of " The Crown Lands Ordinance, 1883," To Wit. J and between complainant, and A.B. , occupant : To . tbe of and all Constables and Peace Oflflcers : Whereas it has been made to appeal- to me, and I have adjudged that the said A.B. is in unlawful occupatiou of (here state descrip- tion of lands). STANDARD MEASUEES. [XL OF 1883.] 1125 Thess are, therefore, to require you the said and others, to deliver peaceable and quiet possession of the said land and premises to the said complainant, and eject the said A.B. and all other persons there- from, for which this shall be a sufficient warrant. G-iyen under my hand and seal this day of 18 ,at Ordinance No. XI. oe 1883, An Ordinance to establish a uniform Standard of Measures of Capacity in the three Settlements.* [Singapore and Penang, 1st May, 1885, Malacca, 1st ■ June, 1885.] FRED. A. WELD, Governor and Commandei-- in-Chief. Whereas measures of capacity are in use severally in the three Settlements, bearing the same names, videlicet, the Gantang, and the Chupak or quarter-gantang, but varying in capacity in each of the Settlements ; and whereas it is desirable that one imiform standard of measures of capacity should be established throughout the Colony ; It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Coiuicil thereof, as follows : — 1. It shall be lawful for the Governor in Council, in respect of Govemor^m any or all of the Settlements, to declare, by an Order or Orders in declare Council,! that from and after the date therein fixed for the coming standards of into operation of this Ordinance in such Settlement or Settlements, ™^^^^^^^ °* the standard measures of capacity, as well for liquids as for dry goods, in such Settlement or Settlements shall be as follows : — I. — The Gantang, or Gallon, being of the same capacity as the The gantang Imperial Gallon, and containing 160 ouniees of distilled ** watei', weighed in air against brass weights with the , water and the air at the temperature of 62° Fahrenheit, the barometer being at thirty inches. II. — The Chupak, or Quart, being of the same capacity as the The chupak Imperial Quart, and containing 40 ounces of distilled °"l"* water, weighed as aforesaid. 2. Standard measures of the above capacities, made of brass or Standard Tvtpac'nT'PS to gun-metal, and sealed with the public seal of the» Colony, shall be be made and kept at the office of the Colonial Secretary at Singapore as the kept, standard measures of capacity under this Ordinance. 3. Copies of such standard measures, made of brass or gun-metal. Copies of th& and certified by the Colonial Secretary to be true copies thereof, measures. shall be furnished to the Resident Councillors of Penang and Malacca, and provided at the ofiice of the Chief Police Officer at each Settlement, and such copies shall be used as the correct standard measures in all the Courts of the Colony. * This Ordinance has heen repealed by the Weights and Measures Ordinance, 1886 (Ordinance VII. of 1886). I For Orders in Council under this section as to Singapore and Penang see Govern- ment Gazette of April 3, 1885, pp. 530-1 ; as to Malacca see Government Gazette of May 22, 1885, p. 816. U26 [XII. OF 1883.] PETROLEUM. Verification of measures. Other mea- sures to be deemed false measures and contracts made in them to be void. Act 48 of 1860. Or J. IV. of 1871. Exception for sale of article in vessel not' represented to be of any measure. Short Title. 4. Any person desiring to verify any measure of capacity may inspect the copies above-mentioned for that purpose, on application at the office of the Chief Police Officer of the Settlement, at any time between the hours of 10 o'clock in the morning and noon on any day, except a Sunday or holiday. No fee shall be charged for such inspection, nor shall any certificate be given as to the correct- ness of the measure so verified. ' 5. From and after the coming into operation of this Ordinance in any Settlement, aU measures of capacity in such Settlement which shall not conform to the measures prescribed by this Ordi- nance, or to some multiple or part thereof, shall be held to be false measures within the meaning of sections 17 and 18 of the Indian Act No. 48 of 1860* and sections 265, 266 and 267 of the Penal Code, and every contract, bargain, sale or dealing made or had in such Settlement for any work, wares or merchandize, or other thing, which is to be done, sold, delivered carried or agreed for by , measure of capacity, ehall be deemed to be made and had according to one of the measures prescribed by this Ordinance, or to some multiple or part thereof and, if not so made or had, shall be void, and all tolls and duties, charged or collected according to measure of capacity in such Settlement shall be charged and collected according to one of the measures prescribed by this Ordinance, or to some multiple or part thereof. 6. Nothing in this Ordinance shall prevent the sale, or subject a person to a penalty for the sale, of an article in any vessel, where such vessel is not represented as containing any amount of measure. 7. This Ordinance may be cited as "The Standard Measures Ordinance, 1883." Ordinance No. XII. of 1883. An Ordinance to amend the Law relating to the Storage , of Petroleum and other Inflammable Oils and Liquids. [1st January, 1884.] FRED. A. WELD, Governor and Commander-in-Chief Whereas it is expedient to make further provision by law for regulating the storage of petroleum and other inflammable oils and liquids and for preventing danger to the public therefrom ; It, is, hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows: — Interpretation. 1. The expression " the Licensing Authority " means the person or persons hereby empowered to issue licenses. See Appendix, p. 1379,,for this Indian Act. PETROLEUM. [XII. OF 1883.] 1127 The word " Petroleum '' as used in this Ordinance and in Ordi- nance No. II. of 1879 shall include the liquids commonly known by Conservancy the names of rock oU, Rangoon oil, Burma oil, kerosine, paraffine Ordinance, oil, petroline, gasoline, benzol, benzoline, benzine, and any^ inflam- mable liquid, whether a natural product or one that is made from petroleum, coal, schist, shale, peat or any other bituminous substance or from any products thereof. The word " Place " includes houses buildings and vehicles, and boats and ships of every size and kind, but not a ship merely touching at or discharging cargo in any port or harbour of the Colony or a ship belonging to Her Majesty. 2. I. — After the coming into operation of this Ordinance no A limited person shall without a license to be issued as hereinafter is pro- quantity only vided keep in or about any place in the Colony any larger quantity ^^^ ^ ^^'' of petroleum than four cases not containing more than 8 Imperial gallons in each case. . II. — It shall be lawful for the Municipal Commissioners of the Licenses in] respective Settlements as to places within the limits of the towns ^P^"^^ '=^^''^- of Singapore, George Town in Penang, and Malacca respectively, as prescribed from time to time under section 2 of " The Hackney Cairriages Ordinance, 1879," and for the Governor* as to places Ord. V. of outside such limits, if satisfied that a larger quantity of petroleum ^^^^" than as above specified may be safely kept in or about any place owing to efficient arrangements having been made for storing the same, to grant licenses for keeping such larger quantity according to the accommodation provided for the same, but so that such, ■quantity shall in no instance exceed twenty cases within the limits of the said towns respectively as defined from time to time by the Municipal Commissioners thereof respectively under section 2 of the Indian Act 14 of 1856.t III. — Such licenses may be granted subject to such conditions as On condi- to the licensing authority may seem fit to secure that the place *'°"^- licensed shall be used in a proper manner and without danger to the public or to the persons or property of neighbours. IV. — Every such license shall set out the quajitity of petroleum Particnlars in| which may be kept, the particulars of the accommodation made license, for storing the same and the conditions on which the license is granted. V. — The places licensed by the Municipal Commissioners shall Subject to be subject to such bye-laws as shall from time to time be made by bye-laws, them, and the places licensed by the Governor shall be subject to such rules as shall from time to time be made by the Governor in Council. VI. — A license shall be in force for one year from the date Duration and thereof, if not sooner cancelled, and such fee not exceeding two ^*®" ♦ !For order authorising the Chief Police Officers in the three Settlements to grant licenses for the storage of petroleum outside the limits of the towns, see Government Oazette of December 21, 1883, p. 1544. t For Indian Act 14 of 1856, see Appendix, p. 1253. 1128 [XII. OF 1883.] PETROLEUM. Penalty. Proviso for cancelling licenses. Eight of appeal to the Governor in Council. Application of Ordinance to other in- flammahle oils and liquids. Standard of dangeroujs petroleum to be fixed hy Governor in Council. No^dangerous petroleum to be kept in the Colony. dollars for a license for twenty cases and under and not exceeding twenty dollars for a license for more than twenty cases shall b& paid therefor as the licensing authority may direct. 3. The occupier of a place in which any petroleum shall be kept in contravention of the provisions of section 2 or in contravention of the terms or conditions of any license issued under the same section shall be liable to a penalty not exceeding one hundred dollars a day for each day during which such petroleum is so kept. 4. If at any time after the issue of any license under this- Ordinance it shall be made to appear to the licensing authority that the place licensed has become ujifit for the purpose for which it was licensed by reason of the increase of building or of popula- tion in its neighbourhood, or that from any other cause any license should for the public safety be cancelled, it shall be lawful,, in the case of a license granted by the Municipal Commissioners^ for any two Commissioners, andj in the case of other licenses, for the Governor, by an order in writing to cancel such license from a. time to be stated in such order. 5. Any person feeling aggrieved bj"- any decision of the Muni- cipal Commissioners in giving refusing or cancelling any license, under this Ordinance, may appeal to the Governor in Council, who shall have power to confirm vary amend or disallow any such, decision. 6. The Governor in Council may from time to time make revoke and vary Orders in Council directing this Ordinance, or any part thereof, to apply to any inflammable oil or liquid, and specifying the quantity (if any) of such inflammable oil or liquid which njay be kept without a license, and thereupon this Ordinance, or the part thereof specified in the Order, shall during the continuance of such Order apply to such infiammable oil or liquid and shall be construed and have efleet as if throughout it such inflammable oil or liquid had been included in the deflnition of petroleum herein- before contained. 7. All petroleum that shall not conform to a standard to be fixed by Order of the Governor in Council* shall be deemed to be. dangerous, and it shall be lawful for the Governor in Council to fix and determine from time to time the tests which shall be applied to petroleum for the purpose of ascertaining whether it is dangerous or not, and to notify the said tests by an Order in Council* to be. published in the Government Gazette, and it shall be lawful for the Governor in Council by further Order from time to time to alter vary amend or add to any such Order. Provided that any such Order or further Order shall cease to have efiect if not approved by the Legislative Council within one month of its date. 8. No dangerous petroleum within the meaning of the previous- section shall be kept in the Colony, and any person knowingly keeping any dangerous petroleum within the Jimils of the Colony * For Order in Council, see Government Gazette of May 15, 1885, p. 743, and of June 5, 1885, p. 885. PETROLEUM. [XII. OF 1883. [ 1129 shall be liable to a penalty not exceeding five hundred dollars a day for each day during which such dangerous petroleum is so kept, and the dangerous petroleum so kept may be seized and forfeited. 9. It shall be lawful for the Governor to appoint either per- Inspectors to manently or temporarily at each of the Settlements fit and proper ^ndTobe *^^ ' persons to be Inspectors* under this Ordinance, and such Inspectors public servants shall be deemed to be public servants within the meaning of the uider Penal PpTini Crtf\p Code (Ord. renan^oae, ^ iv.ofisTi). 10. It shall be lawful for the said Inspectors in the execution of inspectors to their duties to board all vessels arriving with petroleum and to have power to inspect examine and test all petroleum on board such vessels and J°g^^°* *" in like manner to inspect examine and test all petroleum stored in the Colony and for such purposes to take samples thereof and likewise to enter any place where they have reason to believe that petroleum is kept in excess of the quantities allowed by this Ordinance. 11. Any person who shall refuse such Inspectors access to any Penalty for place or shall otherwise hinder them in the performance of their ^•°'Jemig duty or shall refuse or neglect to give any information which may reasonably be required of him and which he has it in his power to give or which he is required oy this Ordinance to give, shall be liable to a penalty not exceeding two hundred and fifty dollars, and any person furnishing as true information which he knows or has reason to believe to be false shall be deemed guilty of an offence (-, , j-y . under sectioa 177 of the Penal Code. i87i_ 12. Every importer consignee or owner of any petroleum shall. Importer to on the arrival of the vessel containing such petroleum or as soon °f ^'^^jojgjj^ thereafter as possible, notify to an Inspector the name of the vessel containing the petroleum together with such other particulars as may be necessary to enable an Inspector to inspect such petroleum, whereupon an Inspector shall as soon as possible after the receipt of such notification proceed to inspect such petroleum, and every importer consignee or owner failing to notify s-uch arrival as afore- said shall be liable to a penalty not exceeding two hundred dollars, f 13. In every case where an Inspector shall find that any Inspectors to petroleum imported into or stored within the Colony is dangerous g'Te notice within the meaning of section 7 such Inspector shall forthwith give i^^^ fs^dan- notice to the master or person ha,ving charge or command of the gerous. vessel where such dangerous petroleum may be or to the owner or agent of the owner of such vessel or to the owner consignee or importer of such petroleum or to the proprietor occupier or person in charge of the place where such petroleum may be stored as the case may be that such petroleum is dangerous. 14. Convictions for offences under this Ordinance may be had Convictions before a Magistrate or Court of two Magistrates ; and all fines and *^ary.*"™' * For Government notifications appointing inspectors, see Government Gazette of December 21, 1883, p. 1544, and May 22, 1885, p. 794. ■f For instructions as to the procedure to be followed see Government Gazette of May 29, 1885, p. 833. 1130 [II. OF 1884.] INTEREST ON JUDGMENT DEBTS. Fines how recovered. Delegation of powers. Repeals. Summary Criminal Jurisdiction Ordinance, 1872.' Act 14 of 1856. Conservancy Ordinance, 1879. Short Title. Commence- ment of Ordi- nance. penalties under this Ordinance shall be recovered before a Magistrate or Court of two Magistrates in the manner provided by law for the recovery of fines before Magistrates. 15. The powers of granting and cancelling licenses vested in the Governor by this Ordinance may be exercised by any person or persons thereunto authorised by him in writing. 16. So much of Chapter V of the Ordinance No. XIII. of 1872 as relates to the abatement of nuisances arising from the storage of petroleum and so much of the Indian Act 14 of 1856, as amended by Ordinance II. of 1879, as relates to petroleum or other mineral inflammable oils are hereby repealed. 17. This Ordinance may be cited as " The Petroleum Ordinance, 1883," and shall come into operation on the iirst day of January, 1884. Ordinance No. II. of 1884. Short Title. Au Ordinance to amend the Law concerning the Rate of Interest carried by Judgment Debts. [3rd June, 1884.] CECIL C. SMITH, Officer Administering the Government. Whereas it is expedient to amend the law concerning the rate of interest carried by judgment debts and to regulate such rate of interest : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. This Ordinance may be cited as " The Interest on Judgment Debts Ordinance, 1884." Judgment debts to carry interest at g 8 per cent. 3; Every judgment debt shaU. carry interest at the rate of 8 per centum per annum or at such other ra^e not exceeding the rate aforesaid as the Court or a Judge shall direct, such interest to be calculated from the time of entering up the judgment, iii the Supreme Court, or from the time of the commencement of this Ordinance in cases of judgments then entered up, until the judgment shall be satisfied. WILD BIRDS PROTECTION. [III. OF 1884.] 1131 Ordinance No. III. oi? 1884. An. Ordinance for the Protection of Wild Birds. [10th June, 1884.J CECIL C. SMITH. Whereas it is expedient to provide for the protection of the wild preambiet birds of the Straits Settlements : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. This Ordinance may be cited as " The Wild Birds Protection Short Title. Ordinance, 1884." 2. For the purposes of this Ordinance the expression " wild bird" Interpreta- excludes the birds specified in the Schedule hereto, but includes all *'°°" other birds commonly found in a wild state in the Colony or any part thereof. 3. Any person who after the passing of this Ordinance shall Penalties for without such license as hereinafter, mentioned kill wound or take ^S°^ ""^j-, in any manner whatever any wild bird shall be liable to a fine not hkis. exceeding two dollars for each wild bird so killed wounded or taken or to simple imprisonment for a term not exceeding fourteen days or to both fine and imprisonment. 4. Any person who after the passing of this Ordinance shall Penalty for expose or offer for sale or have in his possession any wild bird or exposing for^ the skin or plumage of any wild bird shall in the absence of proof ^ possession^ that such wild bird was lawfully killed or taken be liable to a fine unlawfully not exceeding two dollars for each such wild bird or to simple im- '^''^ ^^'^^^• prisonment for a term not exceeding fourteen days or to both fine and imprisonment, and such wild bird or skiii or plumage as afore- said shall be forfeited. 5. Any person who shall procure or instigate any other person Penalty for to kill wound or take any wild bird contrary to the provisions of ^''e**'"g- this Ordinance shall be liable to a fine not exceeding fifty dollars or to simple imprisonment for a term not exceeding, one month or to both fine and imprisonment. 6. A Police Officer may arrest without warrant any person found ?oliee Officer offending against this Ordinance whose name or place of abode is ^^^"^.^^ g unknown to him, and may detain him at a Police Station until his name or ad- name and place of abode can be ascertained, or may forthwith Jress is un- convey him before a Magistrate to be dealt with according to "°^"- law. 7. The Governor in Council may from time to time by Order to Exemption, be published in the Government Gazette exempt from the operation of this Ordinance the whole or any part of any Settlement either altogether or so far only as regards certain wild birds in such Order to be specified, and may in like manner from time to time alter vary or revoke any such Order. 1132 [V. OF 1884.] INDIAN IMMIGRATION. Licenses may be issued. 8. The Governor may from time to time empower the Chief Pohce Officer in any Settlement to issue licenses under his hand authorising the persons therein named to shoot or take wild birds for such period not exceeding three months and at such place or places as may be specified in such licenses respectively. SCHEDULE. Native Name. BerMk or Tetiru Meragi or BArong Slam Belibis . - . . Itek ayer . . . . P6nei gEiding - . - - Pftnei daun . . . . Pftnei tanah, (also called Limbok or Dekut) - - . . Kaaran . . . . Pergam ... Eawa ..... Ch&rtlliiig, Chichiian . . . Kap&la besar .... Bngga-engga . . - . Kedidi laut .... Ayam Mtan .... Pegar .... Pftyoh, Pikar - Bm-ong pisau rS,ut Kendi . . . - PAohong ... Ayam-S-yam - - - Selantin or Strong lantin TS.tiavL or Kwang Kftau ohermin - - . BArong siol ... Lang bumbun - . - Lang rimba ... Lang kftobing . . - Lang kiicMng p(iteb - Lang paya . . - Lang batik ... Lang merah ... Lang m&lam . - - Corresponding English Name. - Snipe. - Painted snipe. - Teal. - Wild duck. - Green pigeon (variety of). Green pigeon (common). Ground pigeon. Do. Stock-dove. - Plover (grey or golden). - Do. - Snippet. - Sandpiper. - Jungle-fowl. - Pheasant. - Quail. - Curlew. - Do. - Padi-bird. Argus pheasant. Ordinance No. V. op 1884. An Ordinance for the Protection of Indian Immigr£(,nts. [1st January, 1885.] CECIL C. SMITH. Whereas it is expedient to make better provision by law for the protection of natives of India now and hereafter to be employed in the Colony as labourers ; INDIAN IMMIGKATION. [V. OF 1884.J 1133 It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — PART I. Preliminary. 1. This Ordinance may be cited as " The Indian Immigration Short Title. Ordinance, 1884." It shall come into operation at the several Settlements at such time or times as the Governor in Council may direct. 2. In this Ordinance each of the following terms shall have the Interpretation, meaning assigned to it by this section, unless there be something inconsistent with such meaning in the subject or context: — ■"Advances" means money paid to or expended on behalf of an "Advances." Immigrant on account of any of the purposes mentioned in section forty-one hereof. " Certificated Immigrant means an Immigrant who holds a " Certificated certificate in the form prescribed in Schedule A to this Ordinance Imniigrant." issued under the authority of the Indian Government or under this Ordinance. " Contract under this Ordinance " means a contract entered into " Contract hj an Immigrant in accordance with the provisions of this Ordi- ordSance" nance to labour on an estate where agricultural operations are carried on or to labour elsewhere at such work as shall from time to time be specified by the Governor in Council under the power in that behalf given by section thirty-six hereof. "Employer" means the person for whose service a contract of "Employer." labour is entered into, and, in his absence from the estate, includes his Agent or Manager or other person in charge of the business on the estate. " Estate " means a place where a contract under this Ordinance " Estate." is to be performed. " Immigrant " means a native of India. "Immigrant." "Magistrate" means a salaried Magistrate of Police acting for "Magistrate." the district where the matter requiring the cognizance of a Magis- trate arises. " Master " means the person for the time being in charge of a " Master." ship. " Medical Officer " means a Medical Officer appointed or acting " ^^^'^f^ under this Ordinance. " Ship " includes every kind of vessel used for the conveyance of " °^'P-." passengei'S by water whether propelled by oars or otherwise. " Statute Immigrant " means an Immigrant who is bound by the " Statute ^^ provisions of a contract under this Ordinance. mmigran . 3. On and after the day on which this Ordinance shall come into ^^peal. operation in any Settlement the €|nactments in Schedule hereto 3134 [V. OF 1884.] INDIAN IMMIGRATION. Ordinance divided into parts. shall he repealed in such Settlement to the extent in such Schedule specified, but such repeal shall not affect the past operation of such enactments or anything duly done or suffered thereunder. 4. This Ordinance is divided into parts, as follows : — Part I. — Preliminary. Part II. — Immigration Officers. Part III.- — Certificated Immigrants. Part IV. — Arrival and Departure of Immigrants. Part V. — Contracts of Immigrants. Part VI. — Treatment of Statute Immigrants on Estates. Part VII. — Localities unfit for Eesidence and Employment of Statute Immigrants. Part VIII. — Indian Immigration Agent's Inspection and Report. Part IX. — Offences committed by Statute Immigrants. Part X. — Offences committed against Statute Immigrants. Part XI. — General. PART II. Appointment of Officers. Present holders of office. Ord. I. of 1876. Agent to have Magisterial power. Assistant Immigration Agent. Immigration Officers to be " public ser- vants." Ord. IV. of 1871, s. 21. Bules and Orders. ImmIgeation Officers. 5. It shall be lawful for the Governor to appoint an Officer to be styled the Indian Immigration Agent and such other Officers* with such powers as may be necessary for carrying into effect the pro- visions of this Ordinance and to incur such expense as may be necessary for the purpose, but all Officers who on the coming into operation of this Ordinance, shall be in office under " The Indian Immigrants' Protection Ordinance, 1876 " shall continue to hold their offices as if appointed under this Ordinance. 6. The Indian Immigration Agent shall have the powers of a Magistrate so far !is may be necessary to enable him to perform the several duties imposed on him by this Ordinance. In his absence from any Settlement his duties shall be performed in that Settle- ment by an Assistant Indian Immigration Agent, who shall for that purpose have all the powers hereby conferred on the Indian Immi- gration Agent. 7. The Indian Immigration Agent and every Assistant Agent Medical or other Officer appointed or acting under this Ordinance is hereby declared to be a public servant within the meaning of the Penal Code. 8. The Governor in Council may from time to time frame Rules and Orders for the conduct of the duties of the Officers under this Ordinance. * For appointments of Officers, see Government Gazette of December 26, 1884 p. 1688. ' INDIAN IMMIGRATION. [V. OF 1884.] 1135 PAET III. Certificated Immigrants. 9. Every Immigrant holding an unexpired certificate to the Certificates effect stated in section ten hereof issued by the proper authority in ^^^"5* ™ British India, shall have all the immunities given in this Part to Immigrants holding like certificates issued in the Colony. 10. Any Immigrant in the Colony may apply to the Indian In the Immigration Agent for a certificate declaring that the person Colony, named and described therein is not subject to the provisions of this Ordinance. 11. The Indian immigration Agent shall, if he is of opinion Issue of that the applicant is not a labourer or of a class ordinarily em- certificate. ployed in agricultural work, issue forthwith under his hand and seal, free of charge, a certificate in the form or to the effect of Schedule A hereto. 12. Every certificate issued under this Ordinance shall contain Particulars to the names of the holder thereof and of his or her father, and l>e filtered shall specify his or her place of abode in India age sex religion caste (if any) and calling. A general description of the holder of such certificate and of any marks on the portions of the body ordinarily unclothed by which he or she may be more certainly known shall also be written therein. The certificate shall be dated Duration of on the day of its issue and shall have force until the holder certificate, enters into a contract under this Ordinance. 13. A Certificated Immigrant shall, upon production of his Certificated certificate, be wholly exempted from every restriction imposed exe"mpt1from upon Immigrants by this Ordinance. restrictions. 14. Every Certificated Immigrant shall be bound to produce Certificate to his certificate when required to do so by a Magistrate or Police l)e produced Officer, or by an Officer of the Indian Immigration Agent's ^ en require Department, or by the Master or Officer of a ship in which such Certificated Immigrant is or proposes to be a passenger ; and if he shall refuse or fail to do so when so required, he may be treated in all respects as an Uncertificated Immigrant until stich time as he shall produce such certificate. 15. A Certificated Immigrant whose certificate has been New cer- lost or destroyed may apply to the Indian Immigration Agent t'^^ate. for a fresh certificate and the same shall be issued accordingly : provided that it shall be lawful for the Indian Immigration Agent to require satisfactory e-\Tidence of such loss or destruction before issuing a new certificate. 16. The Governor may from time to time with the consent Special classes of the Government of India declare that any class of Immigrants ^pted.^^" is not a labouring class, and that any person belonging thereto is entitled to a certificate without enquiry ; or that any class of Immigrants is a labouring class and that persons belonging thereto are not entitled to certificates. 1136 [V. OF 1884.] INDIAN IMMIGRATION. PART IV. Exemption. Ports at •which Immi- grants may , be landed. Ord. VIII. of 1872. Arrival of ships to he signalled. Uo oommuni- 'ment at 10 cents ,per diem, see Government Gazette of January 23, 1885, p. 84. INDIAN IMMIGRATION. [V. OF 1884.] 1145 57. Any Statute Immigrant who is declared by a Medical i^o3dt7 Officer to be incapacitated for work by sickness pregnancy or other suflacjient cause, shall be entitled to be received into and kept in hospital, where he or she shall be fed and clothed at the expense of the employer during such incapacity, but shall not be entitled to any wages for such period. 58. If any Statute Immigrant is compelled to absent himself ^ekness'' ^'"^ from work on account of sickness for a period or periods exceeding the total number of thirty days in any one year, and the employer, as soon as such number is exceeded, gives such Statute Immigrant a notice in writing to that effect, the Indian Immigration Agent shall from time to time endorse on the contract of such Statute Immigrant, after such enquiry as may be necessary, the number of days of absence in excess of thirty. If the absence from work of a Statute Immigrant for any period When result is certified by a Medical Officer to be the direct result of the Statute ofi™me reduced to over and explained to the witness giving the same and the deposition shall thereupon be signed by him or in the case of his refusal by the said Boundary Officer. And if any such witness shall in his examination knowingly " and wilfully state any matter or thing which shall be false he shall be liable to punishment under section ^^^^ ^^' °^ one hundred and ninety-three of the Penal Code. 19. The depositions taken by the Boundary Officer upon an m\e to be enquiry under this Ordinance and any decision or order thereon made up. and his reasons therefor shaU be filed in the Land Office of the Settlement. The file of the proceedings so made up shall be open at all reasonable times to the inspection of any person interested or his duly authorised Agent who shall also be entitled to copies of such proceedings or any part thereof to be made at the expense of the party applying for the same. 20. Pending the investigation of any dispute as to boundaries No action at by the Boundary Officer no action or other proceeding at law or in {j^^^*"^!*® equity shall- be commenced by any of the parties concerned or any pending person claiming under anv of them in respect of the matter in investigation dispute. " Er!"^^"^ 1162 [VIII. OF 1881] BOUNDARIES. Effect of order of Boundary- Officer. 21. The order made by the Boundary Officer under section sixteen hereof shall, unless and until it be set aside or modified in the manner next hereinafter provided, be final. Appeal to Supreme Court. Notice of appeal. Service of notice. Land Office to transmit proodedings. Further evidence. Order. Further appeal. Appeal. 22. If any person be dissatisfied with any order of the Boundary Officer made under section sixteen hereof he may within three months after the pronouncing thereof appeal to the Supreme Court. 23. Such appeal shall be brought by notice of motion, which shall be a fourteen days' notice, stating whether the whole or part only of such order is complained of and in the latter case specify- ing such part. 24. The notice of appeal shall be served on all parties directly affected by the appeal and it shall not be necessary to serve parties not so affected ; but the Court may direct notice of tlie appeal to be served on all or any parties to the proceeding or upon any other person and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may seem just and may make such order as might have been made if the persons served with such notice had been originally parties. 25. Upon the application of the party appealing the Officer in charsre of the Land Office shall transmit to the Registrar of the Supreme Court for the purposes of the appeal the file of the proceedings. 26. Further evidence shall be admitted on any such appeal on special grounds only, 27. The Supreme Court on the hearing of any such appeal shall have power to make any order which ought to have been made and to make such further or other order as the case may require. 28. Any order made by the Supreme Court shall be appealable in the same way as though the proceeding in which such order was made had been originally instituted in the Supreme Court. When per- manent boundary- marks are to he erected. PART III. Boundary-marks. 29. Whenever an order determining a boundary has become final the Officer in charge of the Land Office of the Settlement shall unless permanent boundary-marks of a suitable description have already been erected along such boundary cause to be erected permanent boundary -marks of such materials in such number and in such manner as he may consider sufficient to distinguish such boundary. BOUNDARIES. [VIII. OF 1884.] 1163 An order determining a boundary becomes final for the purposes of this section when it is not open to appea,!. 30. AH expenses incurred in erecting boundary-marks under Apportion- sections twelve and twenty-nine hereof shall be apportioned ™™t of amongst the owners of the holdings demarcated thereby in such g^Sn of proportions as the Officer in charge of the Land Office of the marks. Settlement may think fit. 31. When the expenses have been apportioned amongst such Notice to owners a notice shall be served on each of them specifying the o^wcers to amount payable by him in respect of such expenses and requii'ing expensed ° him to pay such amount to the Officer in charge of the Land Office of the Settlement within one month from the service of such notice. 32. A Collector of Land Revenue may from time to time cause Po-w^er to a notice to be served on any owner placing under his charge any place marks boundary-marks erected on the boundaries of his land whether ^^^^ charge erected under this Ordinance or not. Every owner shall preserve such boundary -marks as may be placed Duty to under his charge under this section and shall give immediate Preserve notice at the nearest Land Office or to the Officer in charge of the marks'and to nearest Police Station if any such marks are injured destroyed or give notice of removed. any injury to them. 33. Whenever a Collector of Land Revenue becomes aware that power to any mark erected under this Ordinance has been injured destroyed re-erect and or removed or requires repairs such Collector may cause such marks ^^^^, to be re-erected or repaired and may recover any expenses incurred marks, in respect of such re-erection, or repair from the person bound under section thirty-two hereof to preserve such mark. 34. If any person shall wilfully obliterate remove or injure any Penalty for survey-mark or, without reasonable excuse, any boundary-mark obliteration which may have been made or erected by or under the direction of maiks!^ ^^^' any authorised Officer of the Government, he shall be liable on conviction thereof before a Magistrate to the penalty prescribed by section four hundred and thirty-four of the Penal Code, and may Ord. iv. of further be required by such Magistrate to pay three times the cost ^^^i- of repairing and replacing such boundary-mark or survey-mark and of making any survey rendered necessary by the act for which such conviction was had, the amount to be levied by the process provided for the collection of fines. Whenever it shall not be possible to detect the. person who obliterated removed or injured such boundary-mark or survey- mark the Collector of Land Revenue may give directions for the restoration or repair of the same, and may order the cost thereof to be paid by the owners of the adjacent lands in such shares as may appear to him proper. 1164 [VIII. OF 1884.] BOUNDARIES., PART IV. Miscellaneous. Survey 35. When any Officer is appointed by the Government to make Officer. a survey of any land the Governor may invest such OflScer for the purposes of such survey with all or any of the powers hereby conferred on Demarcation Officers and also with power to cause any boundary or other marks to be erected by the owners of any land or to erect such marks and to order the cost of such erection to be paid by such owners. Government Surveyors shall have power to enter upon any land in the execution of the duties of their office. 36. If any person being ordered in accordance with the pro- visions herein contained to perform any act fails to perform such act within a reasonable time the Officer who gave the order may after giving notice to such person of his intention so to do cause the act to be performed ; and the expenses incurred in such per- formance shall be payable by such person. 37. Whoever being legally bound to comply with any lawful order under this Ordinance or with the requisition contained in any special notice served upon him under this Ordinance wilfully refuses or without reasonable excuse neglects to comply therewith shall be punished with fine which may extend to five dollars for every day or part of a day during which such refusal or neglect continues. 38. Every amount due under the provisions of this Ordinance may be recovered by any procedure for the time being provided by law for the recovery of arrears of land revenue. 39. The Governor in Council may from time to time make rules* consistent with this Ordinance — (a) for the collection and recording of any information in respect of any land ; (b) prescribing and limiting the powers and duties of Officers conducting proceedings under this Ordinance ; (c) for the proper performance of all things to be done and for the regulation of all proceedings to be taken under this Ordinance ; (d) for the publication issue and service of all notices whether general or special to be published issued or served under this Ordinance ; and (e) for carrying out generally the purposes of this Ordinance. Mode of AH such rules shall be published in the Government Gazette and publication. giiaU thereupon have the force of law. Powers of Govemment Surveyors. I'ower to perform order under Ordinance at expense of person dis- obeying. Penalty for refusing or neglecting to comply with orders or notice. Recovery of amounts due under this Ordinance. Power to make subsidiary rules. * For Rules made under this Ordinance, see Government Gazette of December 5, 1884, p. 1616. FRENCH MAIL STEAMERS. [X. OFl884i.]' 1165 Ordinance No, X, of 1884. An Ordinance for making temporary provision for securing the Status of French Mail Steamers at the Ports of the Colony. [20th November, 1884.] CECIL C. SMITH. Whereas it is expedient to make further temporary provision for securing the status of the steam-vessels of the Compagnie des Messageries Maritimes employed by the French Post Office in carrying mails to and from the Colony under the terms of a Con- vention entered into between Her Majesty the Queen and His Majesty the Emperor of the French, at Paris, on the 24th September, 1856, and ratified at Paris, on the 19th November, 1856 : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. The steam-packets of the Compagnie des Messageries Mari- status of times, employed by the French Post Office in carrying Mails to and Messageries from this Colony, shall, when in the ports of this Colony, be con- steamers, sidered and treated as vessels-of-war, and shall be entitled to all the rights, privileges and immunities of vessels-of-war, and shaU not, for any cause, be diverted from their special duties, or be liable to seizure or detention by order of any Court or Judge. 2. Nothing contained in this Ordinance, and no rights or privi- Saving rights leges hereby granted, shall affect the rights of Her Majesty the °^ Crown. Queen, Her Heirs and Successors. 3. This Ordinance shall continue in force until the thirtieth Expiry of day of June, a.d. J 885, inclusive.* Ordinance. * This Ordinance was contiaued in force until the 30th June, 1886, by Ordinance No. VIII. of 1886, and until the 3Ist December, 1887, by Ordinance No. V. of 1886. 1166 [I. OF 1885.] widows' and orphans' pension fund. Preamble. Short Title. Interpretation. Tormatlon of widows' and orphans' Fund, Investment of Fund. Ordinance No. I. of 1885. An Ordinance to make provision for granting Pensions to Widows and Children of deceased Public Officers. [1st March, 1885.] CECIL C. SMITH. Whereas it is desirable to make provision for the granting of pensions to the widows and children of persons employed in the service of the Government of this Colony : It is hereby enacted by the Governor of the Straits Settle- ments, with the advice and consent of the Legislative Council thereof, as follows : — 1. This Ordinance may be cited as " The Widows and Orphans' Pension Fund Ordinance, 1885," and shall come into operation on the 1st day of March, 1885, which date is hereinafter referred to as the commencement of this Ordinance. 2. In this Ordinance, if not inconsistent with the context, the following expressions have the meanings hereinafter respectively assigned to them, viz. : — " The Government " means the Government of the Straits Settle- ments. " Public servant " means a person permanently employed in the service of the Government, but does not indude any person whose salary is less than $20 a month, or who is not restricted by law to one wife at a time. " The Directors " means the Directors of the Fund from time to time appointed under the provisions of this Ordinance. " Of a pensionable age," as applied to children, means. Id 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 who in accord- ance with the provisions of this Ordinance contributes or agrees to contribute to the Fund hereby established. 3. A Fund shall be formed as hereinafter provided for providing pensions for widows and children of public servants, to be called " The Widows and Orphans' Fund." 4. All moneys belonging to the Fund, whether arising from contributions, fines, interest, or otherwise, shall be invested with the Government, which shall pay interest thereon during the period of ten years from the commencement of this Ordinance at the rate of six per cent, per annum free from any deduction, to be calcu- lated upon the average monthly balance in the hands of the Colonial Treasurer to the credit of such Fund during the course of the year. widows' and orphans' pension fund. [I. OF 1885.] 1167 5. From and after tlie comifiencement of this Ordinance a Abatements monthly abatement of four per cent, shall be made as well from t^made to-^*° the salary or pension as the case may be of every public servant -wards Fund, who enters the service of the Government subsequently to the passing of this Ordinance, as from the salaries of such public servants as having entered such service prior to the passing of this Ordinance give written notice to' the Colonial Treasurer or the Directors at any time before the expiration of one year after the commencement of this Ordinance of their desire to become con- tributors to the Fund. 6. Such abatement shall continue to be made until the contri- Period for butor attains the age of sixty-five years, if he continues so long in which abate- the service of the Government, or until he has contributed to the made.^ ^ Fund for thirty-five successive years, in either of which events such abatement shall cease ; and such abatement shall be calcu- lated on the salary of the permanent appointment of the contri- butor, irrespective of any temporary increment of salary which he may derive from an acting appointment and irrespective of personal and other allowances. 7. If the official income of a contributor becomes reduced, Contributions whether by reduction of salary or by his retirement on a pension, ™ay continue ■■ -^ . . i- • -i- J. XT. -Ti- L £ T.- in fuU if income he may, upon givmg notice in writing to the Directors oi his reduced. 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 ; but if such pubhe' servant only contributes at the rate of four per cent, on his reduced official income, any pension to his widow or children shall be diminished in the same proportion as it would have been increased had such official income been raised instead of being lowered. 8. The widow or children of a contribtitor who on account of Contributors ill-health or the abolition of his office retires from the service of retiring with- the Government before he is entitled to a pension shall not be exce'TSTcer- entitled to any pension from the Fund, but such contributor shall tain cases to upon his retirement be entitled to receive from the Fund fifty per lose all interest cent, of his actual contribution thereto. '° ^^^ ^'"^^^ But no contributor who is dismissed from the service of the Government for misconduct and except as herein otherwise ex- pressly provided no contributor who retires from such service without a pension shall have any interest in or claim upon the Fund nor shall any widow or children of any such contributor have any claim to a pension from the Fund,. 9. A contributor who is transferred from the service of the Contributors Government to the service of the Governments of P^rak, SSMngor transferred to or Sungei TJjong, may continue to . contribute to the Fund, if Native States, within six months from the date of the transfer he intimates his intention in writing to thab effect to the Directors, either on the salary he was receiving from the Government at the date of his 1168 [I. OF 1885.] widows' and orphans' pension fund. "transfer, or on the salary of his new appointment, and shall also be allowed to contribute on any increase of salary, subject to the same terms and conditions as if he had continued in the service of the Government. Should the contributions of any such con- tributor be in arrear for six months, it shall be considered that he has ceased to contribute to the Fund, and neither he nor his widow or children shall have any interest in or claim oh the Fund, unless it be clearly proved to the satisfaction of the Directors that the omission to contribute was not due to any fault on his part. 10. A contributor who" is transferred fro;n the service of the Government to other employment under the Crown shall cease to contribute to the Fund, but his widow or children as the case may be shall be entitled on his death to a pension computed on the basis of the interest acquired by such contributor in the Fund at the date of his transfer in -accordance with the tables herein- after referred to. 11. The abatement of four per cent, from the salaries and pensions of contributors shall bo made by the Colonial Treasurer, or in the case of payments made by the Crown Agents by such Crown Agents upon each occasion of payment of the salary or pension, and placed to the credit of the Fund, and all other payments and con- tributions to the Fund shall be made to the Colonial Treasurer and placed to the credit of the Fund: 12. For the due and proper management of the Fund, the Governor shall annually appoint five public servants to be Directors thereof (any three of whom shall be a quorum), who sha,ll be eligible for re-appointment, and whose duty it shall be to super- intend and direct the management and administration of the Fund, and to see that the laws and regulations relating thereto are duly fulfilled and complied with ; and it shall farther be the duty of the Directors, on or before the 31st day of January in each year, to prepare or cause to be prepared, for the information of the Governor, a detailed statement and account of the Fund for the year preced- ing, "with such report as they may deem necessary. The cost of any clerical assistance which may be required by the Directors and all expenses which shall be incurred by the Directors in or about the management of the Fund shall be borne by amd paid out of the Fund. 13. A register shall be kept by the Directors in which shall be entered the date of the birth of every contributor and, if he be married, the dates of the births of his wife and children (if any) and all other dates and particulars respecting contributors and their families material to be recorded for the purposes of the Fund. 14. (i.) — Every public servant who has entered the Government f ■ h a b service prior to the passing of this Ordinance and is desirous public servants of becoming a contributor shall within one. year from the corn- joining the mencemont of this Ordinance forward to the Colonial Treasurer Fund. ^j. ^jjg Directors the date of his birth, and if he be a married man the dates of his marriage and of the births of. his wife and Oontributors transferred to other employ- ment under the Crown. Payments to be made to Colonial Treasurer and carried to credit of Fund. Appointment of directors of Fund. Directors to make annual report. "Working expenses to be borne by the Fund. Register of oontributors to be kept. Certain infor- mation to be widows' anb orphans' pension fund. [I. OF 1885.] 1169 children (if any), duly proved to the satisfaction of the Directors by affidavit or otherwise. (ii.) — Every public servant who enters the service of the Govern- By those ment subsequently to the passing of this Ordinance, shall, within pointea!"^ ^^' six months after the date of his appointment, furnish the Directors with the date of his birth, and if he be a married man the dates of his marriage and of the births of his wife and children (if any) all duly proved as aforesaid. (iii.) — Every contributor who marries after the passing of this To notify Ordinance, or who, being married, obtains a divorce from his wife, ^^Tiage or shall, within three months after his marriage, or divorce, as the case may be, notify the same to the Directors in writing, and, in case of his marriage, state the date of the birth of his wife duly proved as aforesaid. (iv.) — Every contributor shall notify to the Directors in writing To notify the birth of each child born to him within three months from l»rtli of child, the date of such birth, and the marriage of any female child under ™a^ghter, and the age of 21 within three months from the date of such marriage, death of wife and also, within three months from the date of the event, the death °^ '''"^^" of his wife or any of his children. 15. A contributor who fails or neglects to comply with any of Penalty for the requirements of the foregoing section, shall for each default pay '°°°^''f ™^]'^°''® a fine not exceeding twenty-five dollars, which shall be deducted going. from his salary or pension, as the case may be, by the Colonial Treasurer on the certificate of the Directors, and shall be placed to the credit of the Fund. A contributor who wilfully makes any Penalty for false statement respecting any of the particulars required to be meiu.^*^'''' furnished by this Ordinance shall forfeit all interest in the Fund and no widow or child of his shall have any claim to a pension therefrom. 16. The widows and children (such children being born in wed- ^t^°ie^a ^ ^^ lock and of pensionable age) of contributors shall, subject to the pension under provisions of this Ordinance, be entitled to pensions from the Fund, ttis Ordinance, computed in accordance with tables to be approved of by the Governor in Council, such tables to be subject to revision and re-adjustment as is hereinafter provided. 17. No widow whose marriage is contracted after her husband Who not en- has completed his thirty-five years of contribution or has attained pension, the age of siKty-five or has retired on a pension, and no issue of such marriage and no widow whose husband dies within twelve calendar months of the marriage without issue of such marriage born in his lifetime or in due time after his death, shall be entitled to any pension under this Ordinance. Provided always that the Governor in Council may if he shall think fit allow to such last mentioned widow all or any part of the pension to which she would have been entitled had her husband survived the said period and then died. 18. The pension payable to a widow or child or children Pension when under this Ordinance shall commence upon the death of the hus- *° •'"""nenoe. band or father, or mother or step-mother, as th^ case may be, 4 E 1170 [I. OF 1885.] widows' and orphans' pension fund. When widow's pension ceases. When children's pension ceases. Pension pay- able to orphans. shall accrue daily, and shall be payable monthly clear of anj.* deduction. 19. A widow's pension shall cease on her death or re-marriage^ or on her becoming a bankrupt. When a widow's pension ceases in her lifetime she shall, for the purposes of this 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 Directors may from time to. time during the re- mainder of her life or during such shorter period or periods either continuous or discontinuous as the Directors shall think fit pay. all or any part of so much (if any) of the said pension as is not for the time being payable to any child or children of such widow or of any husband of hers under the provisions of this Ordinance to or apply the same for the maintenance and personal support or benefit of such widow in such manner as the Directors shall from time to- time think proper. 20. Children's pensions shall cease, in the case of a 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. 21. Wlien a contributor, being a widower, dies leaving a child or children, or when a widow entitled to pension of a contributor, dies leaving a child or children of such contributor, such children,, being of pensionable age, shall be entitled-to pensions, as follows : — If three in number or less, each child shall receive one-fourth of the pension of a widow ; if more than three, then the widow's pension shall be divided equally among the children. 22. When a contributor dies leaving a widow and also children of a pensionable age by a previous marriage, such children, if three' or more in number, shall be entitled to one-half of the pension to' which their mother would have been entitled if she had survived her husband ; if two, to one-third ; and if only one to one-fourth ,- and the widow to one-half only of the pension to which she would. have been entitled had there been no such children, but when such' children cease to be entitled to pensions, then the widow shall be' entitled to her full pension. If such widow dies leaving no lawful issue by such contributor, the children by the previous marriage shall be entitled to pensions as if their father had not married .a second time. If such widow dies leaving children by such con- tributor, such last mentioned children, being of pensionable age^ shall be entitled to their mother's pension in the proportions above mentioned. What proof to 23. Widows and children claiming to be entitled to pension from fore pSnt^^' *'^® ^^^ ^^^ residing out of the Colpny must from time to time of pension. produce such proof as the Directors may require of their being alive and entitled to pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Directors. Pension not to 24. No pension payable from nor the interest of any contributor levied upon. in the Fund shall be assignable or transferable, or liable to be Provision in case of children hy a former marriage. SINGAPOEE EXCHANGE BUILDINGS VESTING. [III. OF 1886.] 1171 attached, sequestered or levied upon for or in respect of any debt or claim whatsoever. 25. All questions and disputes as to who is entitled to contribute ^g^ufeTto^f to the Fund, or as to the right of a widow or child to a pension decided by the from the Fund, or as to the amount of such pension, or as to the Governor in rights or liabilities of any person under this Ordinance shall be CJomcil. 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. 26. No pension shall exceed one hundred and twenty-five dollars ^^"^'^"j.^js*'^ per mensem, but no contributor shall be required to pay any higher per meifem. contribution than such as would entitle his widow or children to such maximum amount. 27. A contributor who retires from the service of the Govern- Bachelor's ment on a pension, being then a bachelor, shall, if he has continued to be partly his contributions up to the date of his retirement, be entitled to returned repayment of 50 per cent, of his actual contributions to the Fund. °° retirement. 28. At the close of the tenth year from the commencement Eevision and of this Ordinance, and quinquennially thereafter, an actuary or re-adjustment, actuaries shall be appointed by the Governor to make an investi- gation of the Fund and report as to its working, its financial position, and what re-adjustment of the benefits or contributions is necessary ; and all pensions \mder this Ordinance, whether in possession or reversion, shall be from time to time subject to such re-adjustment as, after such investigation as aforesaid, may be-, found to be necessary and be determined upon by the Governor in- Council. 29. It shall be lawful for the Directors, with the sanction of Directors may the Governor in Council, to frame rules and regulations not in- ^^^re™'S- consistent herewith for the proper carrying out of the provisions of tions. this Ordinance, and from time to time to repeal, alter or vary the same. Ordinance No. III. op 1885. An Ordinance for the purposes of vesting certain propertj- known as the Exchange Buildings Singapore in the Chairmen for the time being of the Singapore Chamber of Commerce and Singapore Exchange respectively. [16th April, 1885.] CECIL C. SMITH. Whereas by an Indenture dated the 1st day of February 1880 and made between His Excellency the Governor of the Straits Settlements for and on behalf of Her Majesty the Queen of the one part and Louis John Eobeetson Glass the then Chairman of the Chamber of Commerce and Robert Campbell the then Chairman 4e 2 1172 [III. OF 1885.] SINGAPORE EXCHANGE BUILDINGS VESTING. of the Singapore Exchange of the other part a piece of land being the site of the Exchange Buildings at Singapore^ was demised by Her Majesty the Queen unto the said Loms John Robertson Glass and Robert Campbell their executors administrators and assigns for a term of ninety-nine years from the date of the said Indenture in trust to permit the same to be used for the purposes of the said Chamber of Commerce the said Exchange and a Town Club according and subject to such rules regulations and provisions for managing the same and defraying the expenses thereof respec- tively and for paying off any mortgages that might be eifected thereon as the majority in number of the members for the time being of the said Chamber of Commerce and Exchange conjointly present at any meeting of both associations duly convened for that purpose should subject to the covenants and conditions of the said Indenture from time to time make or direct subject to a yearly rent of one hundred and fifty dollars payable on the 1st of January in every year to Her said Majesty the Queen AND the said Inden- ture contained a proviso for re-entry seizure and sale on non- payment of the said rent for thirty days and a proviso that should the land be thereafter required by the Colonial Government it should be surrendered to Her Majesty on payment to the Trustees or Trustee for the time being of the said Indenture of the cost of the Exchange Buildings (taken for that purpose only at forty-five thousand dollars) with such deduction for deterioration or dilapi- dation as should be determined by the Colonial Engineer and it was thereby declared that should the land thereby demised be at any time applied to any purpose or purposes except those therein provided for it should be lawful for the Government to re-enter on behalf of Her Majesty upon payment to the Trustees or Trustee for the time being of the said Indenture of the cost of the £x- •change Buildings (taken for that purpose only at thirty-nine ■thousand dollars) with such deduction as aforesaid AND it was thereby further declared that it should be lawful for the Trustees or Trustee for the time being of the said Indenture from time to time to raise money not exceeding in the aggregate at anytime the sum of thirty -five thousand dollars by mortgage of the piece of land thereby demised together with the buildings thereon AND it was thereby provided that the said Trustees thereby constituted or either of them or any Trustee or Trustees for the time being of the said Indenture should respectively cease to be Trustees of the said Indenture, if and when they should respectively cease to be Chairmen of the Singapore Chamber of Commerce and Singapore Exchange respectively and that the Chairman for the time being of the Singapore Chamber of Commerce and Exchange respectively should act as the Trustee or Trustees in the place of the Trustee or Trustees for the time being ceasing to be s,uch Chairman respec- tively as aforesaid and that thereupon the trust property should if and so far as the nature of the property and other circum- stances should require or admit of be transferred so that the same might be vested in the Trustees or Trustee for the time being : SINGAPORE EXCHANGE BUILDINGS VESTING. [IIL OF 1885.] 1173 AND WHEREAS by an Indenture dated the 18th November 1S84 annexed to the last recited Indenture and made between His Excellency the Officer Administeiing the Government on behalf of Her Majesty of the one' part and Thomas Scott and William GiTJSEPPi GULLAND the then present Chairmen respectively of the said Chamber of Commerce and the said Exchange (in whom the piece of land described in the last recited Indenture was then vested) of the other part an additional piece of land adjoining the said site of the said Exchange Buildings was demised unto the said Thomas Scott and William Giuseppi Gulland for the residue of the said term of ninety-nine years granted by the last recited Indenture upon the same trusts and subject to the same covenants and conditions in the same manner in all respects as if the said additional piece of land had been included in the demise made by the last recited Indenture : AND WHEREAS certain Buildings known as the Exchange Buildings and used for the purposes of the said Chamber of Com- merce Exchange and Town Club have been erected on the piece of land so demised as aforesaid : AND WHEREAS by the Rules of the Singapore Chamber of Commerce and the Singapore Exchange respectively the respective Chairmen of those bodies are elected annually and much expense and inconvenience have been occasioned by the said provisions of the said Indenture of the 1st of February 1880 requiring the trust property on each change of the Trustees to be transferred to and vested in the new Trustees : AND WHEREAS it is expedient for the sake of avoiding such expense and inconvenience in the future that the said trust property should vest in the Trustees for the time being of the same without the necessity of a conveyance or assignment thereof : It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof, as follows : — 1, This Ordinance maybe cited as "The Singapore Exchange short Title. Buildings Vesting Ordinance, 1885," 2. The pieces of land and premises comprised in the said Inden- Lands to vest tures of Lease respectively shall from time to time during the '° Trustees, residue of the said term of ninety-nine years vest in the Trustees for the time being thereof, viz., the Chairman for the time being of the Singapore Chamber of Commerce and the Chairman for the time being of the Singapore Exchange without any conveyance or assignment thereof and shall be held by them upon the trusts and subject to the rent covenants and conditions declared reserved and contained by and in the said Indentures respectively. 1174 [IV. OF 1885.] DANGEROUS SOCIETIER. Short Title. Ord. XIX. of 1869 declared to be per- jjetual. Ordinance No. IV. op 1885. An Ordinance to amend the Law relating to Dangerous Societies. [28tli April, 1885.] CECIL C. SMITH. Whereas Chinese societies based on or connected with the association known as the Triad Society in China and commonly- known as Hoeys have long existed in this Colony and have been j-egistered tinder " The Dangerous Societies Suppression Ordinance,; 1869 ;" and whereas it is inexpedient that British subjects should be inembers of such societies ; and whereas separate societies of persons not connected by origin or language with China have of late been established at the several Settlements under the name of the Red Flag Society and the White Flag Society having for their object purposes incompatible with the maintenance of good order and •constituted authority and affording by means of secret agencies facilities for the commission of crime and for the escape of criminals, and it is expedient that the same should be suppressed : It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. This Ordinance may be cited as " The Dangerous Societies Ordinance, 1885," and shall be read as part of " The Dangerous Societies Suppression Ordinance, 1869," which last mentioned Ordinance (hereinafter referred to as "the Principal Ordinance") is hereby declared to be perpetual. The two Ordinances may be cited together as " The Dangerous Societies Ordinances, 1809 and 1885." "Declared to Tie unlawful, and not to be registered. Penalty for managers, &c Penalty for imembers. 3, The societies known as the Red Flag Society and the White Flag Society and all similar associations, by whatever name the same may be known, are hereby declared to be unlawful societies, and shall not be registered under the Principal Ordinance and any person acting as manager or office-bearer or assisting in any way in the conduct of the business of or in managing the affairs of any such unlawful society shall be liable to a fine not exceeding one thousand dollars or to imprisonment of either description for any period not exceeding twelve months or to both fine and imprison- ment ; and any person who is a member of or who attends any meeting of any such unlawful society or who subscribes or pays money or gives aid or procures from others subscriptions money or aid for or towards the maintenance of any such unlawful society shall be liable to a fine not exceeding five hundred dollars or to imprisonment of either description for any period not exceeding six months or to both fine and imprisonment. DANGEROUS SOCIETIES. [IV. OF 1885.] 1175 4. The following amendments shall be made in the Principal Amendments. Ordinance, that is to say : — (iv.)- — The expression " Police Officer " as used in sections seven, Sections 7, 8, •eight, and eleven shall have the meaning prescribed in section one* ^^^ ^^■ ■of " The Police Force Ordinance, 1872," Ord. I. of 1872. (v.) — At the end of section thirteen and after the words " Chief Sections 13 ■" Police Officei* as interpreted in " The Police Force Ordinance, ^"'^ ^^• 1872," as substituted for the words " Commissioner of Police " in line three of section twenty-three, the words " or Registering •Officer " shall be added. 6. When any of the banners or insignia or writings of any Presumptive unlawful society are found in the possession custody or control of ^g°°^ip '"*°'' any person it shall be presumed Until the contrary. be shewn that he is a member of such unlawful society. If any such banners insignia or writings are found at any mosque Mosques, it shall be presumed until the contrary be shewn that they are in the joint and several possession. custody or control of the Penghiilu Mesjid Imam Khatib and BilM of the mosque. 8. All property moveable and immoveable belonging to or held Property on in trust by any person for the use or benefit of any society ordered to belorfeSed. to be suppressed under section seven hereoff shall be deemed to have vested in Her Majesty the Queen Her Heirs and Successors for the use of the Colony as on the day of the date of the notice requiring additional particulars or in the case of a society suppressed for the ■Jbreach of any special condition or restriction as on the day of the date of such breach subject nevertheless to such bonS, fide demises and dispositions of the same or any part thereof as may have been registered in the office of the Registering Officer at least one month -previously to such dates respectively and the said property may be ■forthwith taken possession of by. any person or persons authorised thereto in writing by the Governor. 9. Any person managing or assisting in the management of or Penalty for acting as manager or office-bearer of any society ordered to be managers, suppressed under section sevent hereof shall be liable to a fine not : exceeding one thousand dollars or to imprisonment of either des- cription for a period not exceeding twelve months or to both fine and imprisonment ; and any person attending any meeting of any Ditto for such society or otherwise acting as a member of any such society ^"gj^"^ shall be liable to a fine not exceeding five hundred dollars or to ^ ^' imprisonment of either description for a period not exceeding six months or to both fine and imprisonment. * An error in the original for " section three." t Section 7 substituted an amended section for the original section 4 of the Principal Ordinance, which see, p. 1-38. 1176 [IV. OF 1885.] DANGEROUS SOCIETIES. Prohibition by Order in Council of membership to persons other than Chinese subjects. Orders to be published in the Govern- ment Gazette and copies served. Naturaliza- tion may be cancelled. Ord. VIII. of 1867. Powers in holding inquiry. 10. The Governor in Council may from time to time by Order declare -with respect to any Chinese society or Hoey in such Order mentioned that it is unlawful for any person other than a Chinese subject born in China of Chinese parents to be a member thereof*. Any person not being a Chinese subject born in China of Chinese parents who- after the expiration of fourteen days from the date oS the publication of such Order in the Government Gazette shall be found to be a member of such society shaU, in the absence of proof that he had no knowledge of such Order, be liable to a fine, not exceeding five hundred dollars or to imprisonment of either description for a period not exceeding six months or to both fine and imprisonment. 11. Every Order in Council made under sections sevenf and ten hereof shall be published in the Government Gazette of the Colony and a copy thereof shall be served on a manager or office-bearer of the society to which such Order relates or if no such manager or office-bearer can conveniently be found then the copy shall be affixed in a conspicuous manner on any building used by such society for its meetings or at the Chief Police Office at the Settle- ment ; and in the case of societies carried on or partly carried on. in Province Wellesley the copy may be affixed at the Chief Police Court in Province Wellesley. 12. If any person holding a certificate of naturalization under "The Naturalization Act, 1867," is convicted of any ofi'ence under the Principal Ordinance or under this Ordinance the Governor may by Order in Council declare such certificate to be null and void and from and after the publication of such Order in the Government Gazette all the rights privileges and capacities conferred by such certificate shall cease to exist. 13. The Governor in Council when acting under the Principal Ordinance or this Ordinance shall have the powers of the Supreme- Court in so far as may be necessary for holding inquiries for securing the attendance of managers office-bearers and members of societies and other persons parties and witnesses to be examined for the examination of such persons parties and witnesses and for the production of articles of evidence. * For Orders in Council under this section, see Government Gazette of June 5, 1885,. p. 883; andofMay 14,1886, p.685. t Section 7 substituted ari amended section for the original section 4 of the Principal Ordinance, which see, p. 138. NATIVE STATES PEISONEES. [VII. OF 1885.] 1177 Ordinance No. VII. op 1885. An Ordinance to enable Sentences of Imprisonment awarded to British Subjects in certain of the Native States of the Malay Peninsula to be carried into effect in the Colony. [20th May, 1886.] CECIL C. SMITH. Whereas it is expedient to make provision for enabling sen- tences of imprisonment awarded to British subjects in certain of the Native States of the Malay Peninsula to be carried into effect in the Colony : It is hereby enacted by the Governor of the Straits Settlements,, with the advice and consent of the Legislative Council thereof, as follows : — 1. This Ordinance may be cited as "The Native States Prisoners short Title. Ordinance, 1885." 2. In this Ordinance unless the context otherwise requires the interpreta- following expressions have the following meanings, that is to say, *io°' " Governor " means the Governor of the Colony. " Native State " means and includes any Native State in the Malay Peninsula which is for the time being under the protection of the British Government. "Sentence of imprisonment" means any sentence involving confinement in a prison whether combined or not with labour and includes a sentence awarded by way of commu- tation as well as an original sentence passed by the Court. " Criminal lunatic " means a British subject detained in custody by reason of his having been charged with an offence and either found to have been insane at the time of such offence, or found, or certi- fied, or otherwise lawfully proved to be unfit, on the ground of his insanity to be tried for the same ; and includes a person convicted of an offence and afterwards certified or otherwise lawfully proved to be insane. 3. Whenever as regards a prisoner undergoing a sentence of im- Eeception of prisonment in any Native State for any offence and being a British prisoners, subject the Government of such Native State makes a representation in writing to the Governor that it is expedient that such prisoner should be removed to the Colony, there to undergo his sentence or the residue thereof and makes provision to the satisfaction of the Governor for the payment of all expenses which may be incufred by the Colony in the maintenance of or otherwise m relation to such prisoner the Governor may by warrant under his hand direct such prisoner when delivered up in the Colony by such Government as aforesaid to be received into the custody of the persons named or described in such warrant or some one or more of them and to be held in custody and conveyed to the prison in such warrant mentioned there to undergo his sentence or the residue thereof until discharged and such warrant shall be forthwith executed according to the tenor thereof. 1178 [VII. OP 1885.] NATIVE STATES PitlSONEES. Dealing ■with received prisoner. Escape of prisoner from custody. Betum of prisoners. 4. Every prisoner received in pursuance of this Ordinance shall until he is discharged be dealt with in the Colony in like manner as if his sentence had been duly awarded in the Colony and shall be subject accordingly to all laws and regulations in force in the Colony : provided always that the Governor may at any time with the consent of the Government of the Native State from which any prisoner was removed under this Ordinance order such prisoner to be discharged although the term of imprisonment to which he was sentenced has not expired. 5. (i.) If a prisoner while in custody in pursuance of this Ordi- nance or under a warrant issued in pursuance of this Ordinance escapes by breach of prison or otherwise out of custody he may be re-taken in the same manner as a person convicted of crime against the law of the Colony may be re-taken on an escape. (ii.) A person guilty of the offence of so escaping or of attempting so to escape or of aiding or attempting to aid any such prisoner so to escape shall be deemed to have committed an offence against the law of the Colony and may be tried and punished accordingly. 6. The Governor may order any prisoner who under this Ordi- nance is undergoing his sentence in the Colony to be returned for the purpose of undergoing the residue of his sentence to the Native State from which he was removed and may for that purpose by warrant under his hand direct such prisoner to be delivered into the custody of such person or persons as may in the opinion of the Governor be duly authorised by the Government of such Native State to receive him (which person or persons shall be named or described in the warrant) to be conveyed to such Native State as aforesaid and such warrant shall be forthwith executed according to the tenor thereof. 7. (i.) The provisions of this Ordinance shall apply to a criminal lunatic in like manner so far as consistent with the tenor thereof as they apply to a prisoner undergoing sentence of imprisonment. (ii.) Whenever a person who being a criminal lunatic by reason of being unfit to be tried for an offejice is confined in the Colony under this Ordinance has become sufficiently sane to be tried for such offence the Governor may for the purpose of his being returned to the Native State from which he was removed by warrant under his hand direct such person to be delivered into the custody of such person or persons as may in the opinion of the Governor be duly authorised by the Government of such Native State to receive him (which person or persons shall be named or described in the warrant) and such warrant shall be forthwith executed according to the tenor thereof. 8. (i). The representation hereinbefore mentioned of the Govern- . ment of a Native State may be made by such authority as may be State or '^''^'^ ^^°^ ^i"^® *° *™^ provided by the law of that State but shall be Governor. signified by writing under the hand of the British Resident or Acting British Eesident. and any writing purporting to make such representation and to be signed by the British Resident or Acting British Resident shall be conclusive evidence that such Application of Ordinance to Criminal Lunatics. Evidence of act of Govern PBINCE OF wales' ISLAND TRAMWAYS. [IX. OF 1885.] 1179 representation has been duly made according to law and shall be received in evidence in every Court of the Colony without further proof. (ii.) Every warrant purporting to be issued in pursuance of this Ordinance and to be under the hand of the Governor shall be received in evidence in every Court of the Colony without further proof and shall be evidence of the facts therein stated and all acts done in pursuance of such warrant shall be deemed to have been authorised by law, 9. The Governor in Council may from time to time make and ^°^e're2ula- when made revoke and vary regulations for the purpose of carrying tions. this Ordinance into effect. Okdinance No. IX. op 1885, An Ordinance to provide for the Construction, Mainte- nance, and Working of Tramways in the Settlement of Prince of Wales' Island, [29th May, 1885.] CECIL C. SMITH. Whereas application has been made to the Governor in Council by James Meliss Stuabt of 11 Queen Victoria Street, London, for authority to construct maintain and use tramways on certain public streets and roads in the Settlement of Prince of Wales' Island ; And Whereas it is expedient for the public convenience to authorize the construction maintenance and working of such tram- ways and to make due provision by law for the same and for the use by the public of such tramways : It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows : — 1. This Ordinance may be cited as " The Prince of Wales Short Title. Island Tramways Ordinance, 1885." 2, In this Ordinance unless the context otherwise requires- the interpreta- foUowing expressions have the following meanings that is to say tion- ^' the Governor" means the Governor of the Colony; the " Govern- ment" means the Government of the Colony; "the Municipal Commissioners " means the Municipal Commissioners of Prince of Wales' Island; "the tramways" and "the undertaking" mean respectively the tramways and works and the undertaking by this Ordinance authorised or which may hereafter be authorised under the provisions of this Ordinance ; " Road " means any carriage way being a public highway and the carriage way of any bridge forming part of or leading to the same. 1180 [IX. OP 1885.] PRINCE OF wales' ISLAND TRAMWAYS. Authority to construct tramways. What tramways authorised. Power to make addi- tional tram- ways. Term of privilege. Government may deter- mine privi- Tramways Authorised. - 3. Subject to the provisions of this Ordinance authority is hereby given to the said James Meliss Stuart his executors administrators and assigns (hereinafter referred to as *' the Pro- moter ") to construct and maintain in .accordance with plans to be previously deposited in the office of the Municipal Commissioners and approved of by the Governor in Council after consultation- with tbe Municipal Commissioners the tramways hereinafter described with all proper rails turn-tables sidings passing-places plates weigh-bridges warehouses and conveniences connected there- with or for the purposes thereof and to work and use the same. 4. The tramways authorised by this Ordinance are : — Tramway No. 1. A single line commencing at the Jetty or landing place at George Town and running along the reclamation works as far as Chulia Street and thence along Chulia Street and Penang Koad through Ayer Etam "Village and terminating at a point opposite Messrs. Brown & Co.'s Factory at Ayer Etam aforesaid. Tramway No. 2. A single line branching from Tramway No. 1 opposite the Prisons on Penang Road and running on Western Eoad and Waterfall Road to the Government Dak House at the bottom of the Hill Road. 5. The Promoter may in addition to the lines of tramway hereinbefore described construct and maintain subject to the provisions of this Ordinance and in accordance with plans to be previously deposited by the Promoter in the office of the. Municipal Commissioners and approved by the Governor in Council after con- sultation with the Municipal Commissioners such other and further lines of tramway in the said Settlement (either as extensions of both or either of the said lines of tramway hereinbefore described or otherwise) as tlie Governor in Council shall from time to time authorize and may use and work the same : Provided that the plaips of all such other or further lines shall be laid as soon as. possible upon the table of the Legislative Council. 6. (1) The Promoter shall have for the period of twenty- one years from the date of the passing of this Ordinance the exclusive privilege of using for tramways the roads over which authority to construct tramways is by this Ordinance given to him. (2) It shall be lawful for the Governor in Council at any time after a term of five years from the date of the passing of thi& Ordinance to determine the exclusive privilege hereby granted on- giving six months' notice in writing of their intention to the Promoter and on payment by way of compensation to the Promoter of the then actual value (exclusive, of any allowance for past or future profits of the imdertaking or any compensation for compul- sory sale or other consideration whatsoever) of the tramways and all lands buildings wcrks materials and plant of the Promoter suitable to and used by him for the purposes of his undertaking together with a sum equal to one-fourth in excess of such actual PRINCE OF wales' ISLAND TRAMWAYS. [IX. OF 1885.] 1181 value (such value in case of difference to be ascertained by arbitrators to be appointed one by the Governor another by the Promoter and a third by the said two arbitrators and the decision of a majority of such three arbitrators to be final) ; and on payment by the Colonial Treasurer to the Promoter of such compensation the exclusive privilege in this Ordinance granted shall cease and the said tramways lands buildings works materials and plant shall Vest in Her Majesty the Queen for the service of the Oniony and the same may be (subject to the provisions of this Ordinance or such of them as shall be applicable) maintained worked and used by the Government. 7. (1) If the Promoter does not within two years from the date Cesser of of the authorisation of any tramway complete the same and open it p°rat^on^o/^' for public traffic or if within one year from such date the works are prescribed not substantially commenced or if the works having been com- ti™^. menced are suspended without a reason sufficient in the opinion of the Governor in Council to warrant such suspension the powers and privileges hereby given to the Promoter for constructing such tram- way and executing such works or otherwise in relation thereto shall cease to be exercised and determine unless the time be prolonged by Order of the Governor in Council and if such time is not pro- loiiged then so much of the said tramway as is not completed shall' be deemed to be a tramway as to which all the provisions of this Ordinance relating to the discontinuance of tramways shall apply and may be dealt with accordingly. (2) The date of the authorisation of a tramway shall be in the case of either of the tramways herein described the date of the passing of this Ordinance* and in the case of any tramway subse- quently authorised under this Ordinance the date of the Order in Council sanctioning its construction. (3) A notification purporting to be published by the Colonial Secretary in the Government Gazette to the effect that a tramway has not been completed and opened for public traffic or that the works have not been substantially commenced or that they have been suspended without sufficient reason shall be conclusive evi- dence for the purposes of this section of such non-completion non- commencement or suspension. 8. The Promoter may at any time with the sanction of the Power to sell Governor in Council lease sell assign and dispose of his under- '^^^ ^'"^^^• taking or any part thereof to such person corporation or company upon such terms and conditions in all respects as the Promoter shall think fit ;. and when any such lease sale assignment or disposal has been made aU the rights obligations and liabilities of the Promoter in respect to the undertaking or the part thereof leased sold assigned or disposed of shall be transferred to vested in and may be exercised by and shall attach to the person corporation or company to whom the same has been leased sold assigned or disposed of; and for the purposes of this Ordinance such person corporation or company shall be deemed the Promoter. * Namely, the 29th May, 1885. 1182 [IX. OF 1885.] PRINCE OF wales' ISLAND TRAMWAYS. Other tram- ways. Promoter to have exclusive use of tram- ways. Eights of the Govern- ment. Government to pay tolls. Liberty to abandon. Discon- tinuance of tramways. 9. Nothing in this Ordinance contained shall be held to prevent the Government or the Municipal Commissioners with the approval of the Governor in Council from constructing and maintaining and using tramways (such tramways to cross and recross if necessary any tramways hereby authorised) along any roads on which tram- ways are not laid and used by the Promoter or to prevent any person from constructing maintaining and using tramways within, the boundaries of their own lands and premises, 10. The Promoter shall subject to the provisions of this Ordinance have the exclusive use of the tramways constructed by him for carriages with flange wheels or other wheels suitable only to ran on the raib. Any person who shall without due authority use the tramways with such carriages shall be liable to a penalty not exceeding one hundred dollars for every instance of such use and such penalty when levied shall be paid to the Promoter by way of compensation. 11. (1) It shall be lawful for the Government at any time or times to use for defensive or military purposes or for the passage of troops and war material or for other general Government pur- poses in preference to the Promoter and all other persons the tram- ways with the carriages and motive power used for working the same. (2) The Government shall pay to the Promoter for such use as aforesaid such tolls as shall be agreed on or such tolls as shall be decided upon by arbitrators in manner provided by section six hereof. 12. It shall be lawful for the Promoter at any time to abandon his undertaking or any part thereof and to take up the tramways or any of them on giving to the Municipal Commissioners six months' notice in writing of his intention so to do ; and the Muni- cipal Commissioners are hereby empowered in the event of the abandonment of the said tramways or any part thereof to purchase the same for the then actual value thereof such value to be ascer- tained in case of difference by arbitration in manner provided in section six hereof, in which case the powers and privileges of the Promoter so far as necessary for maintaining working and using the purchased tramway shall vest in and be exercisable by the Municipal Commissioners ; but if the Municipal Commissioners shall decline to exercise such option of purchase the Promoter shall at the expiration of the said period of six months remove the tramway or part of the tramway so abandoned as aforesaid and make good the surface of the road upon which the same was laid. 13. If at any time after the opening of any tramway for traffic the Promoter discontinues the working of such tramway or of any part thereof for a period of six nionths (such discontinuance not being occasioned by circumstances beyond the control of the Pro- moter) and such discontinuance is proved to the satisfaction of the Governor in Council the Governor in Council may by order declare that the powers and privileges of the Promoter in respect of such PRINCE OF wales' ISLAND TRAMWAYS. [IX. OF 1885.] 1183 tramway or the part thereof so discontinued shall from the date of such Order be at an end and thereupon the said powers and privileges shall cease and determine unless the Municipal Commis- sioners purchase such discontinued tramway or part of a tramway, which they are hereby empowered to do at the then actual value thereof (such value to be ascertained in case of difference in the manner provided by section six hereof) ; but if the Municipal Commissioners shall decline to exercise such option of purchase the Municipal Commissioners shall remove the tramway or part of a tramway so discontinued and the Promoter shall pay to the Municipal Commissioners the cost of such removal and of the making good of the road such cost to be certified by any two or more of the Municipal Commissioners. If the Promoter fails to pay the amount so certified within one Calendar month after delivery to him of such certificate or a copy thereof the Municipal Commissioners may without any previous notice to the Promoter (but without prejudice to any other remedy which thej' may have for the recovery of the amount) sell and dispose of the materials of the tramway or part of tramway removed either by public auction or by private sale and may out of the proceeds of such sale pay and reimburse themselves the amount of the cost certified as aforesaid and of the cost of sale and the balance (it any) of the proceeds of sale shall be paid over by the Municipal Commissioners to the Promoter. 14. The Promoter and Municipal Commissioners may from time '^S^f^^^^ to time enter into any agreement with respect to the construction Municipality, maintaining removing renewing repairing and using of the roads for tramways or any of them and the rails plates sleepers and works connected therewith and the facilitating of the trafiic by laying down temporary lines in any adjacent road during the time required for repairs or for the construction of Municipal works. 15. Before opening breaking up or interfering with any road for Security to be the purpose of constructing any tramway the Promoter shall give fZtu>n°oi'^°^' or furnish such security for the due completion thereof as to the tramways. Governor in Council may seem sufficient. If the Promoter shall fail duly to complete the tramway in accordance with the provisions of this Ordinance the Governor in Council may order such security to be realised and the proceeds thereof applied in or towards restoring the roads to a condition fit for traffic and in making good any claims which may have accrued to the Municipal Commissioners or any other body or person by reason or in consequence of such failure as aforesaid and the balance (if any) to be paid to the Promoter. Making of Tramways. 16. (1) The tramways shall be constructed on the m^tre gauge Construction of grooved flat-bottomed steel rails laid on steel sleepers in beds of °^ famways. concrete or of such other gauge and construction as may be approved by the Governor in Council. (2) The Promoter shall adopt and apply from time to time such improve- improvements as the Municipal Commissioners may reasonably ^^^'^^ ''^ 1184. [IX. OF 1885.] PEINCE OF wales' ISLAND TSAllWATS. Power to alter levels, &c. Acquirement of land for works. Indian Act 6 of 18.57. Compensation for lands in- juriously affected hv the worts . Injury to drains and works. Tramways to be kept level witli the roads. Bails, &n., may be laid subject to approval of Municipal Commis- sioners. require having regard to the greater security of the public and advantage to the ordinary traffic. 17. (1) The Promoter may at his own expense and risk in the construction of the tramways in accordance with the deposited, plans alter the levels of the ground on which the tramways are to be laid widen bridges make and construct all necessary cuttings emba,nkments bridges viaducts culverts catch-water drains and other necessary works and divert streams. (2) Any land which may be required by the Promoter for any of the works or purposes in this section mentioned shall be deemed to be land required for a public purpose within the meaning of Indian Act 6 of 1857 and may at the request and at the cost in all respects of the Promoter be acquired by the Government for the Promoter under the provisions of the sa,id Act or of any Jaw for the time being in force for the acquirement of land for public purposes. (3) In any case where any person is entitled to compensation in respect of any la,nd or of any interest in land which is injuriously affected by the execution of any of the works in this section men- tioned the Promoter shall pay to such person the amount to which he is so entitled as aforesaid and such amount in case of difference shall be ascertained by arbitration in manner provided in section six hereof. (4) The Municipal Commissioners shall at all times have power to inspect examine repair and alter and if necessary reconstruct all or any of such works in such a way as they shall think fit. 18. In case of any of the sewers drains water or gas pipes or other works vested in the Municipal Commissioners being injured by any act of the Promoter or his servants the Municipal Commis- sioners shall have power to make good all such injury at the cost of the Promoter and for that purpose the Municipal Commissioners shall at all times have power to inspect in such manner as they may consider necessary all such sewers drains water or gas pipes and other works and the cost of making good all such injury (such cost to be certified by any two of the Municipal Commissioners) shall be paid by the "Promoter to the Municipal Commissioners and shall be recoverable upon proof thereof as fines are recoverable before a Magistrate. 19. If the Municipal Commissioners hereafter alter the level or direction of any street or road upon which any of the tramways are laid the Promoter shall at the cost of the Municipal Commissioners alter his rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered ; and the cost so incurred by the Promoter shall be paid to him by the Municipal Commis- sioners and shall be recoverable upon proof thereof as fines are recoverable before a Magistrate. 20. AH proper rails turn-tables plates sidings passing-places stopping- places signals points crossings termini turn-outs weigh- bridges and connections between the lines necessary for working the traffic on the tramways may be laid down made and maintained PRINCE OP WALES' ISLAND TBAMWAYS. [IX. OF, 1885.] 1185 under the authority in this Ordinance contained but subject as to the position and length of the sidings passing-places stopping- places signals points crossings and termini to the approval of the Municipal Commissioners. 21. Where a single line with passing-places and sidings is I'ower to authorised the passing-places shall as far as practicable be in the JinelTuto'"^ ^ sight of each other and such single line may at any time thereafter double lines, with the consent of the Governor in Council after consultation with the Municipal Commissioners be converted into a double line. Maintenance of Tramways. 22. The Promoter shall at all times maintain and keep in good Penalty for condition and repair so as not to be a danger or hindrance to the ^°^ keeping ordinary traffic the rails of which any of the tramways for the time in good condi- being consist and the substructure upon which the same rest ; and if tion the Promoter shall at any time make default in complying with this provision he shall for every offence be subject to a penalty not exceeding twenty-five dollars and in case of a continuing offence to a further penalty not exceeding ten dollars for every day after the first on which such default continues. 23. After laying down the rails the Promoter shall restore the Repairing ot roads to as good a condition as they were in before they^were roads, broken up; and for this purpose he may use any paving metalling or material excavated in the construction of the works. The Pro- moter after such rails have been thus laid shall thereafter keep in perfect repair the whole width of the roads upon which the rails are laid and shall be paid therefor by the Municipality an. annual sum per mile to be determined by agreement between the Promoter and the Municipal Commissioners. 24. In the construction or maintenance of or in the execution Opening of repairs to a tramway the Promoter shall not break up or ^°^^^- interfere with more than one hundred yards in length of any road at a time ; and he shall leave an interval of at least two hundred yards between any two places at which he may open or break up the road. Execution of Works. 25. (1) Whenever any work is required by this Ordinance to Default in be executed by the Promoter and default is made in the execution execution of of such work the Municipal Commissioners (wiiether any penalty ^"'^ '" is or is not provided for such default) may cause such work to be executed and the expense thereby incurred shall be paid to them by the Promoter and shall be recoverable as hereinafter provided. (2.) The expense so incurred may be certified in writing by any Expense two of the Municipal Commissioners and when so certified the ^°^^ reeover- amount shall be recoverable from the Promoter on proof of the pertificate as fines are recoverable before a. Magistrate. 4 F 1186 [IX. OF 1885,] PRINCE OF WALES' ISLAND TRAMWAYS. Motive power. Brakes to be provided. Regulations as to motive power and use. Further regulation. Registration of carijages. Carriages to show number of passengers they carry. Motive Power on Tramways. 26. The carriages used on the tramways "may subject to the provisions of this Ordinance be moved by animals or by steam com- pressed air electricity or any other motive power which is now or may hereafter be used for moving carriages or vehicles. 27. Every such motive power and every carriage drawn or pro- pelled thereby shaU be fitted with such mechanical appliances for preventing the motive power from operating and for bringing the vehicle bearing the motive power and anj' carriage drawn or pro- pelled thereby to a stand as the Municipal Commissioners may from time to time think sufficient. 28. Every engine machine or mechanical appliance used as or for a motive power and every carriage drawn or propelled on the tramways shall have its number- shown in some conspicuous part thereof and every such engine machine or appliance shall be fitted :— (a) with an indicator by means of which the speed shall be shown ; (b) with a suitable fender to push aside obstructions ; (c) with a special bell and whistle or other apparatus (to be ^ approved of by the Municipal Commissioners subject to the approval by the Governor in Council) to be sounded as a warning when necessary ; and (d) with a seat for the driver of the motive power so placed as to command the fullest possible view of the road before him. 29. The machinery shall be concealed from view at all points above four inches from the level of the rails and all fire used for such motive power shall be concealed from view and precautions (to the satisfaction of the Municipal Commissioners) shall be taken to prevent noise smoke flame sparks or fire from escaping from any part of the vehicle. 30. Every carriage to be used for the conveyance of passengers on the tramways shall be registered by the Promoter and licensed at the Office of the Registrar of Hackney Carriages as a Tramway Carriage under this Ordinance and the register and license shall state the number of passengers which may be carried inside and outside the carriage. Quch Licenses shall be renewable every year and a fee of one doUar shall be paid by the Promoter for each license granted or renewed. Provided always that such registration shall be effected by the said Registrar so as to interfere as little as possible with the traffic on the lines and more especially the said Registrar shall not cause the whole of the said carriages to be removed from work for regis- tration at the same time. 31. Inside and outside every such carriage shall be placed in a conspicuous place a plate or board having printed or painted thereon in a legible manner the number of passengers so licensed PRINCE OF wales' ISLAND TRAMWAYS. [IX. OF 1885:] 1187 to be carried inside and outside the carriage together with a list of the fares authorised to be taken. 32. (1 ) On the application of the Promoter the Registrar of Drivers to Hackney Carriages shall grant a license yearly to such persons as ^^ licensed, the Promoter may bring before him to be licensed as drivers or conductors of tramway carriages ; such licenses shall be renewable every year and a fee of one dollar shall be paid by the Promoter for each license granted or renewed. In granting such licenses the Registrar shall interfere as little as possible with the traflBc on the lines and more especially he shall not cause the whole of the said drivers or conductors to be removed from their work in order that they may obtain their licenses at the. same time. (2) No such license shall be granted to any person as a driver of Drivers to be any engine machine or mechanical appliance used as a motive power qiiaMed. unless the person holds a certificate issued under Rules made by the Governor in Council in accordance with the provisions of " The Ord. No. X. of Steam-boilers Ordinance, 1876>" or such other certificate as the '*^®- Governor may think necessary to show that the person to be ■licensed is competent to manage such engine machine or appliance. 33. Subject to the provisions of this Ordinance the drivers and Drivers sub- conductors shall be subject to the several provisions of sections l^^^^^o y ^f twenty to twenty-four and of sections thirty-four to thirty-six of 1879. " The Hackney Carriage Ordinance, 1879," in so far as the said provisions or any of them may be applicable to drivers and con- ductors of tramway carriages. 34. If any tramway carriage is used for the carriage of pas- Penalty for sengers by the Promoter without being registered or without "^^."j^j^^' having such plates or boards as are required by section thirty-one carnage, hereof the Promoter shall be liable to a penalty not exceeding fifty dollars for every day or part of a day the carriage is so used. 35. The Promoter and every other person using any motive Penalty for power on any tramway otherwise than in accordance with the ^"^ "f^oj^e provisions of this Ordinance shall for every such offence be liable power. to a penalty not exceeding five hundred dollars and if the offence is continued after conviction the vehicle and the engine machine or mechanical appliance in and by means of which such motive power is so used shall be forfeited to the Crown. .Use of Tramways. 36. No. part of any tramway shall be opened for. public traffic Tramways until the same has been inspected and certified to be fit for such not to be traffic by the officer or officers appointed for that purpose by the SedT Municipal Commissioners and until an order has been signed by for traffic, the Colonial Secretary and published in the Government Gazette authorising the same to be opened for such traffic 37. The tramways shall be used by the Promoter for the pur- Traffic, pose of conveying passengers mails animals goods merchandize minerals produce and parcels. 4 f'2 1188 [IX. OF 1885.] PEINCE DP wales' ISLAND TEAMWAYS. Promoter not bound to carry small pack- luggage. 38. The Promoter shall uot be bound to carry unless he thinks fit any animals goods merchandize minerals produce parcels or other cargo which shall be less than one cubic foot in measure- ment. 39. Any passenger travelling upon the tramways may take with him in the carriage personal luggage not exceeding sixteen pounds in weight or one cubic foot in measurement. Any passenger wishing to take with him personal luggage of more than such weight or measurement must take the same in such carriages as may be specially provided for such purpose. All such personal luggage shall be at the responsibility of the passenger and shall be carried by hand and shall not occupy any part of a seat nor be of a form or description to annoy or incon- venience other passengers. Construction of carriages. Inspection. Speed. Further regulations by (iovernor in Council, Dangerous and offensive goods. Safety and Convenience. 40. Every carriage used on the ti-amways shall be constructed so as to provide to the satisfaction of the Municipal Commissioners for the safety of passengers during transit and for their safe entrance to exit from and accommodation in such carriage. 41. Any officer or officers appointed generally for the purpose by the Governor or the Municipal Commissioners may on complaint made by any person inspect any animal with its harness and any motive power and carriage used on the tramways and the machinery and fittings therein or thereon and may prohibit the use on the tramways of any animal harness and fittings and any motive power or carriage which in his or their opinion may not be safe or suitable for traffic ; and if any such animal harness motive-power carriage machinery or fittings is or are unsafe or unsuitable for traffic the person knowhigly using any such animal harness motive- power carriage machinery or fittings shall be liable to a penalty not exceeding two hundred dollars for eveiy such offence. 42. The speed at which engines and carriages may be drawn or propelled along the tramway shall not at any time exceed the rate of ten miles an hour or when passing through moveable facing points or around curves four miles an hour. 43. The exercise of the power conferred in section twenty-six hereof with respect to the use of steam or any other motive power shall be subject to any further regulations which may hereafter be added to or substituted for the regulations herein contained by any Order which the Governor in Council may make and which he is hereby empowered to make when he may think fit for securing to the public all rea,sonable protection against danger. 44. No person shall be entitled to carry or to require to be carried on any tramway any goods of a dangerous or offensive nature ; and if any person send by any tramway any dangerous goods without distinctly marking their nature on the outside of the package and giving notice to the Promoter or his proper officers l^ PEINCE OF WALES' ISLAND TRAMWAYS. [IX. OP 1885.] 1189 shall be liable to a penalty not exceeding two hundred dollars for every such offence : and- it shall be lawful for the Promoter or his proper officers to refuse to take any package that they may suspect to contain goods of a dangerous nature or to require the package to be opened to ascertain the fact. 45. If the cai-riages shall during any journey contain their if carriages proper complement of passengers the Promoter shall not be bound f"ll Promoter to find accommodation during that journey for any other passenger carry?"" notwithstanding that such other passenger may have purchased a ticket or tickets entitling him to travel upon the tramway ; but . if lie is unable to provide such accon)modation as aforesaid the Pro- moter shall on demand return to, such passenger on delivery up of such ticket or tickets the amount paid by him therefor. Faees for Passengers. 46. (1) The Promoter may demand and take for every passenger ToUs for travelling upon the tramways or any part thereof tolls not exceed- passengers, ing the rate of seven cents per mile for first-class passengers six cents for second-class and five cents for third-class or such other rates as may from time to time be fixed b}- the Governor in Council. (2) A fraction of a mile beyond an integral number of miles shall be deemed a mile. (3) Every fare shall entitle the passenger to travel between the points indicated on his ticket once in the same direction con- tinuously 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 toll was received nor on any other day or days, (4) The fare's by this Ordinance authorised shall be paid to such persons at such places upon or near the tramways and in such a manner and under such regulations to be approved of by the Municipal Commissioners as the Promoter may by notice to be annexed to the list of fares from time to time appoint. Rates for Goods. 47 The Promoter may demand and take for animals goods Tolls for merchandize produce minerals and parcels conveyed on the tram- —l^ and ways tolls not exceeding the rates set out in the Schedule or such other rates as may from time to time be fixed by tlie Governor in Council and published in the Government Gazette provided always that ; — (1) A fraction of a mile beyond an integral number of miles shall be deemed a mile. (2) For a fraction of a ton the Promoter may demand and take tolls according to the number of the quarters of a ton in 1190 [IX. OF 1885.] PRINCE OF WALES' ISLAND TRAMWAYS. such fraction ; fractions of a quarter of a ton being deemed a quarter of a ton. (3) With respect to stone and timber fourteen cubic feet of stone fifty cubic feet of China fir or Singapore cedar and forty cubic feet of any other timber shall be deemed one ton weight and so in proportion for any smaller quantity. (4) With respect, to all other articles which are charged by the ton the weight shall be determined according to the usual avoirdupois weight of two thousand two hundred and forty pounds to the ton ; or at the option of the Promoter by measurement of forty cubic feet to the ton. By-laws. By-laws. 48. (1) Subject to the provisions of this Ordinance and to the approval of the Governor in Council the Municipal Commissioners may from time to time make and when made rescind or vary by-laws for all or any of the following purposes that is to say : — (a.) For regulating the use of the bell whistle or other warning apparatus fixed to the engine and for the exhibition of necessary lights from sunset to sunrise ; (b.) For regulating or prohibiting the emission of smoke fire sparks or steam from any machine used for motive power on the tramways ; (c.) For providing that the motive power and carriages shall be brought to a stand at the intersection of cross-streets and at other places and in cases where danger is likely to arise ; (d.) For regulating the entrance to exit from and accommodation in the carriages used on the tramways and the protection of passengers from the machinery of any motive power used for drawing or propelling such carriages, and for limiting the width of the carriages ; (e.) For regulating the intervals at which carriages may be despatched and subject to the provision of section forty- .two the speed at which the carriages may be drawn or propelled at diiferent places and at diiferent hours of the day or night and under particular circumstances of traffic on the cross-streets ; (f.) For providing for the due publicity of all regulations and by-laws in force for the time being in relation to the tram- ways by exhibition of the same in conspicuous places on the carriages and elsewhere. (2.) Any person offending against or committing a breach of any of the by-laws made under the authority of this section shall be liable to a penalty not exceeding ten dollars. Offences Offences. 49. (1) If any person wilfully obstructs any person acting under the authority of the Promoter in the lawful exercise of any of the powers hereby conferred or damages or destroys any property of PRINCE OF wales' ISLAND TRAMWAYS. [IX. OF 1885.] 119) the Promoter he shall for every such offence be liable to a penalty not exceeding fifty dollars. (2) _ If any person without lawful excuse (the proof whereof Further shall lie on him) wilfully does any of the following things namely : — offences, (a.) Interferes with removes or alters any part of a tramway or of the works or marks connected therewith ; (b.) Places or throws any stones dirt wood refuse or other material on any part of a tramway ; ' (c.) Does or causes to be done anything in such a manner as to obstruct any carriage using a tramway or to endanger the lives of persons therein or thereon ; (d.) Knowingly aids or assists in the doing of any such things ; he shall for every such offence be liable (in addition to any penalties imposed in proceedings by way of indictment or otherwise) to a penalty not exceeding fifty dollars. (3.) If any person travelling or having travelled in any carriage Avoiding pay- avoids or attempts to' avoid payment of his fare ; or if any person ™™* °* ^*'^*- having paid his fare for a certain distance knowingly and wilfully proceeds beyond siich distance and attempts to avoid payment of the additional fare for the additional distance ; or if any person refuses on arriving at the point to which he has paid his fare to quit the carriage after being requested to do so by any servant of the Promoter every such person shall for every such offence be liable to a penalty not exceeding ten dollars. Miscellaneous. 50. Notwithstanding anything in this Ordinance contained the Eight of user Promoter shall not acquire or be deemed to acquire any right other ty'pro^XtT'^ than that of user of any road along or across which any tramway is laid. 51. Nothing in this Ordinance or in any by-law made thereunder Reservation shall take away or abridge the right of the public to pass along and "^ "S^' °^ rj?ji 1---U puhUctouse across every or any part oi any road along or across which any roads. tramway is laid whether on or off the tramway with carriages not having flanged wheels or wheels suitable only to run on the rail of the tramway. 52. All tolls penalties forfeitures rates and charges made or in- Recovery of curred under or by virtue of this Ordinance or any By-law made penaitSs. under the authority of this Ordinance shall except where otherwise provided be recovered levied declared and distributed before and by a Magistrate or a Court of two Magistrates. 53. If any difference arises between the Promoter on the one Difference hand and the Municipal Commissioners on the other hand with between the respect to any interference or control exercised or claimed to be the^MuSctpal exercised by them in relation to any tramway or works or with Commissioners respect to the propriety or mode of execution of any work relating *° '"^ referred to any tramway or with respect to the amount of any compensation council™"" ™ to be made by or to the Promoter or on the question whether any work is such as ought reasonably to satisfy the Municipal Com- missioners or with respect to any other subject or thing regulated 1192 [X. OF 1885.] STAMPS. by or comprised in this Ordiaanc-o tiie matter in difference shall (unless otherwise specially provided by this Ordinance) be referred to the Governor in Council who after hearing what may be urged on both sides ahall decide the difference in question and any Order of the Governor in Council deciding such difference shall be final and conclusive on both parties and every direction therein con- tained shall be carried into effect as if the same were speeially enacted in this Ordinance. SCHEDULE. Rates for Goods. 1. For coals coke charcoal stone lime salt sand earth fire-clay cinders dung compost-manure bricks slags tiles slates metals per ton .... . . 2. For sugar coflfee flour com rice dye-wood timber gambler sago tapioca per ton ...--. 3. For cubic gambier pepper gutta nutmegs hides fish earthen- ware and light iron castings per ton - - - - 4. For rattans and coprah per ton ..... 6. For manufactured goods wools matches drugs (except opium) pro- visions and all other merchandize wares or articles per ton weight or measurement . . . . - 6. For opium per chest ...... 7. For every parcel, not exceeding 7 lbs. in weight . - - ,, exceeding 7 lbs. but not exceeding 14 lbs. „ 14 lbs. „ 28 lbs. - „ 28 lbs. „ 56 lbs. - 8. For parcels exceeding 66 lbs. and for all cargo not here enume- rated such rates as may from time to time be fixed by the Governor in Council and published in the Grovernment Gazette. Per mile. 25 cents, 25 S3 35 a 40 St 35 J) 25 10 15 20 • »» 25 )» Ordinance No. X. op 1885. An Ordinance to amend the Law relating to Stamp Duties, and to make further provision for collecting such Duties. [1st August, 1885.] CECIL C. SMITH. Whereas it is expedient to amend the Law relating to Stamp Duties, and to make further provision for collecting such duties : It is hereby enacted .by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — Short Title and 1. This Ordinance shall come into operation on the first day of commencement August, 1885, whicli date is hereinafter referred to as "the com- Ora."^!!? of''* mencement of this Ordinance " and shall so far as is consistent with 1881. the tenor thereof be construed as one with " The Stamp Ordinance, 1881," and the two Ordinances may be cited together as "The " Stamp Ordinances, 1881 and 1885," and this Ordinance may be cited separately as " The Stamp Ordinance, 1885." STAMPS. [X. OF 1885.] 1193 2. From and after the commencement of this Ordinance tlie Repeal of several enactments specified in the first schedule* hereto are hereby enactments in repealed to the extent in the said schedule mentioned : provided **"' schedule, that this repeal shall not affect the past operation of any enactment hereby repealed or the liability for or recovery of any duties hereto- fore charged or interfere with the institution or prosecution of any proceeding in respect of any offence committed or any penalty or forfeiture incurred against or under any enactment hereby repealed. 3. (i.) — From and after the commencement of this Ordinance the Substitution several duties granted and made chargeable by " The Stamp Ordi- °* "^^ duties, nance, 1881," shall cease and determine and thenceforward subject to the exemptions contained in the second Schedule to this Ordinance and in any other Ordinances for the time being in force there shall be charged for the use of Her Majesty lier heirs and successors upon the several instruments hereinafter in this section mentioned or referred to the several duties specified in the said Schedule and no other duties. Such Schedule and everything therein contained shall be read and construed as part of tliis Ordinance. (ii.) — The instruments chargeable with duty are the following : — Description of (a) Every instrument mentioned in the second Schedule hereto instruments which not having been previously executed by any person ^ith^uty? is executed in the Colony on or after the commencement of this Ordinance. ' (b) Every Bill of Exchange cheque or promissory note drawn or made out of the Colony which is accepted paid presented for payment endorsed transferred or otherwise negotiated in the Colony on or after the commencement of this Ordinance, (c) Every instrument mentioned in the said Schedule (other than a Bill of Exchange cheque or promissory note) which not having been previously executed by any person is executed out of the Colony on or after the commence- ment of this Ordinance and relates to. any property situate or to any matter or thing' done or to be done in the Colony and is received in the Colony. 9. On and after the commencement of this Ordinance every Affidavit person applying to the Court for a grant of Probate or of Letters ^^^"^y™? ''°' of Administration shall deliver to the Registrar of tbe Court for 4°'^° delivered transmission to the Collector an affidavit which shall be in accord- by applicant ance with such form as may be prescribed by the Governor in ^^^f '°^*f ® ""■ Council and extend to the verification of an account which shall Adniinis'tra- be delivered therewith or annexed thereto of the estate and efiiects tion. in respect of which the grant is applied for. Such afiidavit and account shall within seven days after the grant is made be trans- mitted by the Registrar to the Collector together with in the case * The first schedule together with the enactments repealed have been omitted from this edition. 1194 [X. OF 1885.] STAMPS. Duties to be payable on Affidavit for Collector instead of on Probates and Letters of Administra- tion. Probate or Letters of Administra- tion to bear a certificate in lieu of stamp duty. Power to deduct debts due to persons resi- dent in the Colony. Mortgage debts on immoTeable property may be deducted. of a Probate or Letter of Administration with a will annexed a copy of the will and in every case a note of the grant. 10. (i.) — On and after the commencement of this Ordinance no duty shall be payable on Probates and Letters of Administratioii granted on or after that date but in substitution therefor the duties in that behalf specified in the second schedule hereto shall be charged and paid on the affidavit for the Collector mentioned in the last preceding section. Such duties shall be paid by stamps which may be affixed to the affidavit at any time before the Probate or Letters of Administration is or are issued. (ii.) — In the case of an application for a further Probate or Letters of Administration in respect of an estate whereon the full amount of duty has been already paid the affidavit for the Collector shall be chargeable with the duty of one dollar only. 11. On and after the commencement of this Ordinance no Pro- bate or Letters of Administration shall be issued by the Supreme Court unless the same bear a certificate in writing under the hand of the Registrar of the Court shewing that the affidavit for the Collector has been delivered and that such affidavit if liable to stamp duty was duly stamped and stating the amount of the gross value of the estate and effects as shown by the account delivered with or annexed to such affidavit. 12. (i.) — On and after the commencement of this Ordinance it shall be lawful for the person applying for the Probate or Letters of Administration to deliver with his affidavit or annex thereto a schedule of the debts due from the deceased to persons resident in the Colony, and in that case for the purpose of the charge of duty on the affidavit the aggregate amount of the debts appearing in the schedule shall be deducted from the value of the estate and effects as specified in the account delivered with or annexed to the affidavit. (ii.) — Debts to be deducted under the power hereby given shall be debts due and owing from the deceased and payable by law out of any part of the estate and effects comprised in the affidavit and are not to include voluntary debts expressed to be payable on the death of the deceased or payable under any instrument which shall not have been bon4 fide delivered to the donee thereof three months before the death of the deceased or debts in respect whereof a reimbursement may be capable of being claimed from any other, estate or person. (iii.) — On and after the commencement of this Ordinance where any immoveable property forms part of the estate and effects in respect of which Probate or Letters of Administration is or are applied for and such property is the sole security by way of mortgage for any debts due and owing from the deceased to any person or persons whether resident in the Colony or not the amount of such mortgage debts may be deducted from the value of such property for the purpose of the charge of duty. STAMPS, [X. OF 1885.J 1195 13. If at any time after the grant of Probate or Letters of Provision for Administration and during the administration of the estate the exc"™ paid, value mentioned in the certificate of the Registrar is found to exceed the true value .of the estate and effects of the deceased, or if at any- time within three years after the grant or within such further period as the Collector may allow it appears that no amount or an insufficient amount was deducted on accoujit of such debts as aforesaid the Collector may upon proof of the facts to his satisfac- tion return the amount of stamp duty which shall have been overpaid and write a certificate on the Probate or Letters of Administration setting forth such true value or as the case may be the amount or corrected amount of deduction and such certificate shall be substituted' for and have the same force and effect as the certificate of the Registrar. 14. If at any time it is discovered that the estate and effects of provision for the deceased were at the time of grant of Probate or Letters of payment of Administration of greater value than the value mentioned in the "^ ^^ "*^' certificate or that any deduction for debts was made erroneously the person acting in the administration of such estate and effects shall, within one month of the discovery deliver a further affidavit with an account to .the Collector duly stamped for the amount which with the duty (if any) previously paid on an affidavit in respect of such estate and effects is sufficient to cover the duty chargeable according to the true value thereof and shall at the same time pay to the OoUector interest upon such amount at the rate of eight per centum per annum from the date of the grant or from such subsequent date as the Collector may in the circumstances think proper. The Collector upon the receipt of such affidavit duly stamped as aforesaid shall write a certificate on the Probate or Letters of Administration setting forth the true value of the estate and effects as then ascertained or as' the case may be the corrected amount of deduction and such certificate shall be substituted for and have the same force and effect as the certificate of the Registrar of the Court. 15. Every person acting in the adininistration of the estate Explanations and effects of any deceased person shall at any time and from support oV" time to time within three years after the grant of the Probate affidavit to be or Letters of Administration or during such administration which- furnished to ever period shall be the longer if and when required by the *^ Collector. OoUector so to do furnish and produce to the Collector such explanations and documentary or other evidence respecting the contents of or particulars verified by the affidavit and generally respecting his administration as the case may seem to the Col- lector to require. Any person who when required by the Collector to furnish or Penalty for produce any such explanation or evidence as aforesaid refuses '^''^"^"ftj^jj or without reasonable excuse neglects so to do shall forfeit to ^^ ™* '™' Her Majesty the sum of five hundred dollars which shall be a debt due to the Crown and recoverable by any of the ways and means in force for the time being for the recovery of Crown debts. 1196 [X. OF 1885.] STAMPS. Grant of duties on accounts of certain pro- perty. Delivery of accounts on oath. Penalties for default iu 16. (i-) — Stamp duties at the like rates as are by this Ordi- nance charged on the affidavits to be required and received from persons applying for Probates or Letters of Administration shall be charged and paid on accounts delivered of the property to be included therein according to the value thereof (ii.) — The property to be included in an account shall be pro- perty of the following descriptions, viz. : — (a.)-~ Any property taken as a donatio mortis causa made by any person dying on or after the commencement of this Ordi- nance or taken under a voluntary disposition made by any person so dying purporting to operate as an immediate gift inter vivos whether by way of transfer delivery declaration of trust or otherwise which shall not have been bonS, fide made three months before the death of the deceased, (b.) — Any property which a person dying on or after such date having been absolutely entitled thereto, has voluntarily caused or may voluntarily cause to be transferred to or vested in himself and any. other person jointly whether bj' disposition qr otherwise so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to some other person, (c.) — Any property passing under any past or future voluntary settlement made by any person dying on or after such date by deed or any other instrument not taking effect as a will whereby an interest in such property 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 light by the exercise of any power to restore, to himself or to reclaim the absolute interest in such property. ((J.) — Any property which a person dying on or after such date has disposed of by will under any autliority enabling such person to dispose of the same as he shall think fit. (iii.) — ^Where an account delivered duly stamped comprises property passing under a voluntary settlement or an instrument of wift and on production of such settlement or instrument it appears that the proper stamp duty has been duly paid thereon according to the amount or value of the property so passing the amount of such stamp duty shall be returned to the person delivering the account. 17. Every person who as beneficiary trustee agent or otherwise acquires pos.session or assumes the management of any property of a description to be included in an account according to tiie last preceding section shall upon retaining the same for his own use or, distributing or disposing thereof and in any case within six calen- dar months after the death of the deceased deliver to the Collector a full and true account verified by oath of such property and duly stamped as required by this Ordinance. 18. If any person after the passing of this Ordinance takes possession of and in any way administers any part of the estate Ord. IX. of 1880. STAMPS. [X. OF 1885.] 1197 and effects of any person deceased without obtaining Probate of pTObfte"&c the Will or Letters of Administration of the estate and effects of the deceased within six calendar months after the decease or within two calendar months after the termination of any suit or dispute respecting the will or the right to Letters of Administra- tion if there be any such which is not ended within four calendar months after such decease, or if any person who ouglit to deliver a further affidavit or sucli account as aforesaid neglects to do so within the period hereby prescribed for the purpose every person offending shall forfeit to Her Majesty the sum of five hundred dollars and shall also be liable to pay to Her Majesty double the amount of stamp duty chargeable and the same shall be a debt due to the Crown and be recoverable by any of the ways and means in force for the time being for the recovery of Crown debts. Nothing in this section shall be held to interfere with the powers of Official Administrators under " The Intestates Estates Ordinance, 1880," or of the Police under sections thirty-eight and f'rf- 1- of thirty-nine of " The Police Force Ordinance, 1872." 19. With respect to Probates and Letters of "Administration Provision as to granted before the commencement of this Ordinance the provisions ^^^^^'^^ contained in the second schedule to " The Stamp Ordinance, 1881," commence- shall continue applicable thereto with the following modifications, mentof this „• Ordinance. Viz. : — (a.) — The words " the sum sworn to as above " in clause three of the said second schedule to " The Stamp Ordinance, 1881," are hereby declared to refer to the sum originally Ord. II. of sworn to as being the value of the estate and effects of ^'" the deceased on the occasion of the grant of Probate or Letters of Administration ; and the word " thereafter " in the same clause is hereby declared to refer to the date of such grant. (b.) — Any such proceedings as referred to in clause two of the same schedule may be instituted by the Collector who in such proceedings shall be deemed to be "the person prosecuting the decree" within the meaning of Chapter thirty-three of " The Civil Procedure Ordinance, 1878," Ord. V. of as incorporated by reference in the said schedule. ^^^^" 20. The Collector is hereby authorised to administer all oaths Collectors and affirmations which may be necessary for the purposes of " The ™ay adminis- Stamp Ordinance, 1881," or of this Ordinance. *" °**'' 21. On and after the commencement of this Ordinance it shall Eegistrars be lawful for the Registrars of the Supreme Court to hear applica- ^"P°^^^J°g tions for and to grant Probates and Letters of Administration in £ld"Letters of all cases where the right to such grant is not contested and the Administration value of the estate and effects in respect of which the grant is "^ certain applied for does not exceed one thousand dollars. 1198 [X. OF 1885.] STAMPS. THE SECOND SCHEDULE. Stamp Duty on Instruments. Descbiption of Insteument. Pkopbe Stamp Duty. 1. Account of property required under sec- tion 16 of "The Stamp Ordinance, 1885." 2. Admission of any per- son as an Advocate or Solicitor in tlie Supreme Court 3. Admission of anyperson as a Conveyancer 4. Affidavit for the Col- lector on application for grant of Probate or Letters of Ad- ministration, - The same duty as on an Affidavit required on application for Probate or Letters of Administration (Wo. 4). - Fifty dollars. Twenty-five dollars. (a) — Where the estate and effects for or in respect of which the Probate or Letters of Administration is or are to be granted exclusive of what the deceased was possessed of, or entitled to as trustee and not beneficially are above the value of ^500 and not above the value of ^1,000 ... - (b) — Where such estate and effects are above the value of ;^1,000 and not above the value of ^^10,000 (c) — ^Where such estate and effects are above the value of ;^10,000 At the rate of $1 for every ^100 and for every fractional part of ;^100 over any mul- tiple of ;^100. At the rate of g2 for every ;^100 and for every fractional part of ^100 over any multiple of ;^100. At the rate of $3 for every ^g'lOO and for every fractional part of #100 over any multiple of #100, STAMPS. [X. OF 1885.] 1199 Stamp Duty on Instruments — continued. Dbscbiption op Instkitment. Pbopee Stamp Duty. (d) Where the full duty has ah-eady been paid .... One dollar. Exemption : — Where the estate and effects do not exceed the value of ;^500. 5. ArriDAViT Statutory declaration or de- claration in writing on oath or affirma- tion made before a person authorised by law to administer an oath ..... Fifty cents. Exemptions : — Affidavit or declaration in writing when made — (a) — For the immediate purpose of being filed or used in any Court or before any Judge or officer of any Court ; or (b) — For the sole purpose of enabling any person to receive any pension or charitable allowance. Ag-beement pob. a Lease See Lease. 6. Ageeement oe Memok- andum of an agree- MENT made under hand only and not otherwise specifi- cally charged with any duty whether the same be only evidence of a con- tract or obligatory on the parties from its being a written instrument .... - Ten cents. Exemptions : — Agreement or memorandum — (a) For or relating to the sale of any goods, wares, merchandize or Bill of Exchange, or to the sale of any Government or Municipal security, or share in any joint stock or other public company, (b) For service or personal employment where the wages do not exceed ;^10 per month, and any agreement between the master and mariners of any vessel or boat for wages. (c) The matter whereof is not of the value of $^6. (d) For the reference of any matter to arbitration. 7. Annuity, — Conveyance in consideration of - See Conveyance on Sale. , Other instrument creating - - The same duty as a Mortgage for the amount deemed to be secured thereby. See section 24 of " The Stamp Ordinance, 1881." 1200 [X. OP 1885.] STAMPS. Stamp Duty on Instruments — continued. Dbsceiption op Instrument. Phoper Stamp Duty. 10, Appointment of a new trustee and Appoint- ment in execution of a power of any property moveable or immoveable or of any use sbare or interest in any property by any in- strum^ent not being a will - Assignment Average, — Agreement to pay General Award, tbat is to say, any decision in writ' ing by an arbitrator or umcire See Conveyance. Five dollars. Five dollars. Five dollars. 11. Bank Note The same duty as a Promissory Note (see Bill of Exchange) un- less the duty is com- pounded for. , See Section fonr of " The Stamp Ordi- nance, 1885," for Composition. 12. Foreign Bill op Fx- change, payable on demand and bearing the date on which it was made - - - - - Three cents. jsTote. — The expression " Foreign Bill of Exchange " includes for the purposes of Stamp Duty any Bill which is drawn within one Settlement by any person resident therein upon some person resident in another Settlement and is payable in sucli latter Settlement. 13. Bill op Exchange of any other kind whatsoever (except a Cheque or Bank Note) and Pro- missory Note of any kind whatsoever (except a Bank ' Note) - -"- - - -At the rate of five cents for every ;^100 and for every fractional part of ;^100 over any multiple of ^100 of the amount or value of the money for which the Bill or Nate is drawn or made. STAMPS. [X. OF 1885.] 1201 Stamp Duty on Insteuments — continued. Desceiption op Instrument. Peopeb, Stamp Duty. Note. — ^Wten 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 som.e manner negotiated apart from such duly stamped bill be exempt from dutj- ; 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 nego- tiated apart from such lost or destroyed bill may although unstamped be admitted in evidence to prove the contents of such lost or destroyed bill. _ „ r See Conveyance. Bill oe Sale - -■[ g^^ Mortgage. Bond . - - See Mortgage. 14. Bond or Moktsage Deed executed by way of Indemnity or of Secubity for the due execution of an-^ offlqe, or to ac- count for money received by virtue thereof. (a) — ^When the penalty or amount secured does not exceed ^500 - - The same duty as a Mortgage for the penalty or amount secured. _(b) — In any other case - Two dollars. 15. Bond on obtaining- letters of adminis- tration .... - One dollar. Exemption : — Bond given by any person where the estate to be ad- ministered does not exceed ^500 in value. 16. BoTTOMEY Bond, that is to say, any instru- ment whereby the master of a sea- going ship borrows money on the secu- rity of tbe ship to enable him to pre- serve the ship, or prosecute her voy- ^„g .... - The same duty as Mort- 17. Oeetieicate to be taten out yearly, — (a) By every person practising as a Solicitor of the Supreme Court - - Twenty dollars. (\j) By every person admitted and practis- ing as a Conveyancer - - - Ten dollars. 4 G 1202 [X. OF 1885.] STAMPS. Stamp Duty on Instruments — continued. Desckiption or Iksteument. PaopEB Stamp Duty. 18. 19. OEailMCATE OE OTHEE Document evidenc- iag the 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 proprie- tor of shares scrip or stock in or of any company or associa- tion Ohaetee-Paett, that is to say, any in- strument (except an agreement for the hire of a tug- steamer) whereby a vessel or some specified'part there- of is let for the specified purposes of the charterer Three cents. - One dollar. Exemption :— Charter-party wholly executed out of the Colpny. 20. Cheque - contkact ill. Conveyance Assign- ment or Teansiek — (a) — On sale of any< property (ex- cept shares in a company), Three cents. See Agreement. "When the amount or value of the considera- tion for the sale does not exceed ;^100 Above I'lOO and not eX' ceeding ^250 - Above ^250 and not ex- ceeding ^500 - And for every further ;?250 or any part thereof Mfty cents. - One dollar and a half. - Three dollars. One dollar and a half. (b) — Of shares in a company whether on sale or other- wise, ,(i)_"W'here the name of the Transferee is filled in prior to the execution of the transfer by the Transferor - Ten cents for every ^100 or fractional part of ;^]00 of the nominal value of the shares. {ii)_'W'here the name of the Transferee is nofrfilled in prior to the execution of the transfer by the Transferor ^com- monly called a ' blank transfer ' ) - Thirty cents for every ;^100 or fractional part STAMPS. [X. OF 1885.] Stamp DuTr on Instruments — continued. 1203 Description op iNSiRUMEifT. PnoPEB, Stamp Dutt. See Mortgage. of ^100 of the aomiaal value of the shares, (c) — Of any property except such shares as aforesaid by way of security or of any security {d) — Of any property (except such shares as aforesaid) by way of gift (not being a Settle- ment) ..... The same duty as a Con- veyance on sale for a consideration equal to the value of the pro- perty, (e) — For the purpose of effectuating an appointment of a new Trustee ... - Two dollars. Exemption :— Conveyances and transfers to Her Majesty or to the Grovernment of the Straits Settlements or to any person to the use of or in trust for Her Majesty or such Grovernment. 22. Copy ob Exteact (at- f (a)— If the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed fifty cents - Twenty-five cents. tested or in any manner authenti- cated) of or from — (a) — An instru- ment charge- able with any duty, (b) — An original will or codicil, (c) — The probate or probate copy of a will or codicil, {d)— Any letters* of adminis- tration. {e) — ^Any public register (ex- cept any re- gister of births bap- tisms mar- riages deaths or burials), (f)— The books rolls or re- cords of any Court. Exemptions :— Copy— (a)— Of any paper which a public officer is expressly required by law to make or furnish for record in any public oflSce or for any public purpose. f b'l Copy or extract of or from any law proceedings. ^ 4 G 2 (b) — In any other case - Fifty cents ► 1204 [X. OP 1885.] STAMPS. Stamp Duty on Instruments — continued. DeSOEIPHON OE iNSTilUMENT. Pkopeb Stamp Duty. 23. COUNTBBPAJIT Or DUPLI- CATE of any instru- ment chargeable with duty, and in respect of which the proper duty hasj been paid : provided ( that the original shall be produced duly stamped, if required by the Collector ~ 24. CovENAKT. — An)f sepa- rate deed of cove- nant (not being a deed chargeable with ad valorem duty as a Convey- ance or Mortgage) made on the sale or mortgage of any property or of any right or interest therein and relating solely to the con- veyance or enjoy- ment of or the title to the property sold or mortgaged or to the production of the muniments of title relating thereto or to all or any of the matters aforesaid 25. Declaeation or Eevo- CATION or ANY USB OR Tetjst of or con- cerning any pro- perty by any writ- ing, not being a deed or will or an instrument charge- able with duty as a settlement 26. Deed of any kind not desoribftd in this Schedule - r(a)— If the duty with which the original instrument is chargeable does not exceed fifty cents The same duty as is payable on the origi- nal. (b) — In any other case - Fifty cents. - rive dollars. When the value of the property does not exceed $1,000 - Two dollars. [_In every other case - Five dollars. Five dollars. Deposit Deeds OP Title - See Instrument, 2To. 29. Duplicate - - See Counterpart. Equitable Moetgage See Instrument, No. 29, and Mortgage. STAMPS. [X. OF 1885.] Stamp Duty on Instruments — continued. 1205 Descbiption of Instetjment. Pbopee Stamp Duty. 27. Exchange Any instrument where- by an exchange of any property is ef- fected The same duty as a conveyance for a consideration equal to the value of the pro- perty of greater value. See Copy. See Instrument, No. 30. See Conveyance. See Bond. EXTEACT FUBTHEE ChaESE Grin - Indemnity Bond 28. Instetjment meeely Evidencing an Ageeement to se- CUEE the Repay- ment OE A Loan made upon the de- posit of title deeds or other valuable security or upon the pledging of moveable property - - The same duty as a Promissory Note for the amount advanced. Exemptions : — (a) Letter of hypothecation accompanying a Bill of Exchange, (b) Ticket issued by a licensed Pawnbroker. 29. Insteument imposing a ftjbtheb chabgb on MOETGAGED PEO- PEETY 30. Lease or Ageeement roE A Lease of any land house or other immovable pro- perty granted or made, — The same duty as a principal security for the amount secured by such instrument. 'When the Lease is for a periofi not ex^- ceeding one year. (a) — Without fine or preroimp J fWhere the rent calcu- lated for a whole year shall not exceed in value - $100 . , r but not ^^°^« 1 exceeding $100 $250, I and for every addi- ' tional $250 or any l2 part thereof - 0.50 1.00 2.00 1.00 ■When the Lease is for a period exceed- ing one year or for any inde- finite term. 1.00 2.00 4.00 2.00 1206 [X. OF 1885.] STAMPS. Stamp Duty on Instruments — continued. Desckiption op Instrument. Proper Stamp Duty. (b) — In considera- tion of a fine or premium and without rent (c) — In considera- tion of a fine or premium, and re- serving a rent (d) — Lease executed in pursuance of a duly stamped agreement for the same on pro- duction of such agreement to the OoUeofcor The same duty as for a Conveyance for a sum equal to the amount of such con- sideration. Stamp of value equal to the joint value of the stamps for a Conveyance on sale in consideration of the fine or premium and a lease for the rent. - Fifty cents. 31 Exemptions : — Agricultural Lease or Agreement for agricultural Lease for any definite term not exceeding three years where the rent reserved does not exceed ten dollars a year. Letter op Attorney - See Power of Attorney. Mortgage Deed, Agrj:ement por a Mortgage, Bond, Debenture, Cove- nant, and Warrant OP Attorney to con- fess and enter up judgment, — (a) — Being the only or principal or primary security for — The payment or repayment of money not exceeding - $25 - - Ten cente. Exceeding $ 25 but not exceeding $100 Twenty-five cents. Do. $100 „ $250 Fifty cents. Do. $250 ,, $500 One dollar, and for every further sum of $600 or any part thereof - - - One dollar, (b) — Being a collateral or auxiliEtry or addi- tional or substituted security or by way of further assurance for the above-men- tioned purpose where the principal or primary security is duly stamped - One-fifth the duty on the principal or pri- mary security. STAMPS, [X. OF 1885.] Stamp Duty on Instruments — continued. 1207 Desceiption op Insteitment. Pbopeb Stamp Dctt. (o) — TaANSPER or Assignment of any mort- gage deed bond debenture or covenant or of any money or stock secured by any such instrument or by any warrant of attorney to enter up judgment or by any judgment And also wbere any further money is added to the money abeady secured (d) — Ee-convetanoe Ee-assignment Eelbase DlSCHAKGB StJKEENDEE WaBEANI TO Vacate or Eenunciation of any such security as aforesaid or of the benefit thereof or of the money thereby se- cured, — (1) — If the total amount of value of the money at any time secured does not exceed $500 (2) — In any other case (e) — MoETGAGE executed in pursuance of a duly stamped agreement for the same, on production of such agreement to the Collector - - - One-quarter the duty which would be chargeable on a mort- gage for the amount transferred. The same duty as a principal security for such further money. 32. Passpoet - - - 33. PoLicT OP Instteance, — (a) — Of any building goods or property on land against loss or damage by fire, — (1) — For a period not exceeding three months . . - - (2) — For a period exceeding three months, then for every year or part of a year (b)— Of any goods or property on board of any vessel or of the freight of any vessel or of any other interest relating there- to, — . (1) — Upon any voyage or for a period not exceeding six months (2)— For a period exceeding six months . - - - (o)_Of the hull machinery tacHe or furniture of any vessel, — (1) — For a voyage or for a period not exceeding six months Fifty cents. One dollar^ One dollar. Two dollars. Ten cents for every sum of $1,000 of the amount insured or fractional part of such sum. Twenty cents for every sum of $1,000 of the amount insured or* fractional part of such sum. Twenty cents. Five dollars. Ten cents for every sum of $500 of the * The word " of " which occurs here in the original is omitted. 1208 [X. OF 1885.] STAMPS. Stamp Duty on Instruments — continued. Desckiption op Instkument. Phopek Stamp Doty. (2)— For a months period exceeding six amovmt insured or for a fractional part of such sum. Twenty cents for every sum of $500 of the , amount insured or for a fractional part of such sum. Note.— Policy includes "Insurance Slip" " Eisk Note'^ and every writing whereby any contract of insurance is made or agreed to be made or is evidenced, and also in the case of an Open Policy of marine insurance every writing declaring a risk thereunder. "When insurance is continued or renewed without the issue of a new Policy the receipt for every pre- mium payable under such continuance or renewal shall be stamped with the duty that would be .payable on a new Policy. When any Policy of Marine Insurance is issued in duplicate, each copy may bear half the duty. Exemptions : — (a) — Any Policy of Insurance issued in pursuance of a duly stamped note slip or agreement for the same, (b) — Policy of Insurance of any building vessel or goods belonging to Her Majesty or the Government, (c) — Policy of Marine Insurance made out of the Colony when used as collateral security with any other instrument or instruments duly stamped in the Colony. 34. PowEB, OE Letter op Attokney,^ (a) — Per the sole purpose of appointing or authorising any one person to vote as a proxy at a meeting of a Company or Association, — (1) — Where the proxy is to vote at one meeting only - - Three cents. (2) — Where the proxy is to vote at more than one meeting - Fifty cents, (b) — For the performance of one act only where the value of the property to be dealt with is expressed in the Power or Letter and does not exceed two hundred dollars - - One dollar, (c) — Of any kind whatsoever not herein- before described - - - Two dollars. Exemption : — Power of* Letter of Attorney or authority given by any Grovernment Officer for the receipt of his salary or allowances by any other person. Pkomissoey Note Peoxy 35. Eegeipt for any money or other property the amount or value of which exceeds ten dollars See Bill of Exchange. See Power of Attorney. - Three cents. Sic ia original. STAMPS. [X. OB- 1885.] Stamp Duty on Instruments— continued. 1209 Description op Instetjment. PuoPEE Stamp Dcty. Exemptions : — Eeceipt — (a) — Endorsed on or contained in any instrument duly stamped or exempted acknowledging tlie receipt of the consideration money therein expressed, or the receipt of any principal money interest or annuity or other periodical payment therein secured. ' (b) — For any payment of money without consideration, (c) — Given for money or securities for money deposited in the hands of any banker to be accounted for : Provided the same be not expressed to be received of or by the hands of any other than the person to whom the same is to be accounted for ; Providod also that this exemption* shall not extend to a receipt or acknowledgment for any sum paid or depo- sited for or upon a letter of allotment of a share or in respect of a ^call upon any scrip or share of or in any company or association or proposed or intended com- pany or association. Ee-cosvetikoe Mortgaged PEEIT ae. op Pko- Eelease, that is to say, any instrument whereby a person releases any pro— ^ perty or any right or interest in any property See Mortgage. "(a) — If on a sale (b) — If by way of se- curity - (c) — If by way of gift - (d) — In any other case not otherwise speci- fically charged with duty The same duty as a Conveyance on sale.. The same duty as a Mortgage. The same duty as a Conveyance by way of Gift. Two dollars. Eespondentia Bond - See Mortgage. Ebyocation op any Trust 37. Settlement, or Agree- ment EOR A Settle- ment See Declaration of Trust. 38. Substitution under or in virtue of a Power of Attorney The same duty as a Mortgage for a sum equal to the amount or value of the pro- perty settled or agreed to be settled (see sections 26 and 65 of Ordinance II. of 1881). One dollar. 1210 [X. OF 1885.] STAMPS. Stamp Duty on Instruments— continued. Descbiption 01" Insteument. Peopbr Stamp Duty. 39. SUKEENDEB, OP LeASE -< '(a) — When the duty with which the lease is charge- able does not exceed $2 - The duty with which such lease is chargeable. (b) — In any other case Two dollars. Exemption : — Surrender of lease when such lease is exempted from duty. TaANSPEE - See Conveyance. rn r See Declaration. ^^^^^ I See Conveyance. Geneeal Exemptions. (1) — Policies of Life Insurance. (2) — Transfers by endorsement — (a)^Of a Bill of Exchange cheque or promissory note ; (b)— Of a hill of lading ; (c)-7-0f a policy of insurance ; (d) — Of mortgages of rates and taxes authorised by any Ordinance for the time being in force in the Colony ; (e) — Of securities of the Government of the Colony. (3) — All instruments of any kind whatsoever which are made or executed by any Government Officer or given to any Government Officer in either case on behalf of Her Majesty or the Government of the Colony and on which in the latter case duty would but for this exemption be payable by such Officer. The above exemption does not extend to any deed instrument or writing signed or executed by any officer as Official Administrator j or by a receiver appointed by the Court ; or to any instrument rendered necessary by any Ordinance Order in Council or Order of Court ; or to a sale made for the recovery of an arrear of revenue or rent or in satisfaction of a Decree or Order of Court. (4) — Assignment of copyright made by entry under Indian Act No. 20 of 1847 section five. (6) — Apprenticeship Deed. (6) — Instruments relating exclusively to real estate situate out of the Colony, or relating exclusively to things to be done out of the Colony. POLICE FORCE ORDINANCE AMENDMENT. [XI. OF 1885.] 1211 Ordinance No. XI. or 1885. An Ordinance to make Provision by Law for the Engage- ment of Persons to serve in the Police Force. [9th June, 1885.] CECIL C. SMITH. Whereas it is expedient to make further provision by law for regulating the engagements of and for providing pensions or retiring allowances for members of the Police Force : Jt is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows : — 1. This Ordinance may be cited as " The Police Force Ordinance short Title. Amendment Ordinance, 1885," and shall be construed as one with " The Police Force Ordinance, 1872," and the two Ordinances may Ord.l.of 1872. be cited together as " The Police Force Ordinances, 1872 and 1885." 2. From and after the passing of this Ordinance the enactments Repeal, specified in the Schedule hereto* shall be repealed to the extent in the said Schedule mentioned but this repeal shall not affect the past operation of any enactment hereby repealed or any thing duly done or suffered or any right acquired thereunder. 3. Engagements for service in the Police Force for all ranks Periods of under that of Superintendent or Assistant Superintendent of Police engagemen . shall be for such periods as the Governor in Council may from time to time direct for the different classes of persons engaging.f 4. Every such engagement shall be in writing signed by the"^".^®™ person engaged and by the Inspector-General or Chief Police ^" "^' Officer at the Settlement where the engagement is entered into if the engagement is entered into in the Colony or by the Crown Agents for the Colonies if the engagement is entered into in England or by some person authorised in that behalf by the Governor if the engagement is entered into elsewhere without the Colony and shall be in such form not inconsistent with the pro- visions of this Ordinance as the Governor may from time to time direct. 5. Every person engaged under this Ordinance who shall have Ke-engage- completed the period of service for which he engaged and who ™riod.^**^'^ desires to continue in the Force may offer himself for re-engage- ment for a further period, and, if approved, may re-engage on the same terms and conditions as in the previous engagement or on any other terms not inconsistent with the provisions of this Ordinance which may be agreed on with the sanction of the Governor. * The Schedule is omitted as the enactments repealed have been omitted from this edition. •f For Regulations as to the period of engagements, see Government Gazette of February 3, 1886, p. 124. 1212 [XI. OF 1885.] POLICE FORCE ORDINANCE AMENDMENT. By eiidorse- ment. Persons re- engaging bouniJ by condition of previous con- tract except when expressly excepted. Begulations may be made as to bounties and free passages. May claim discharge on payment. Pensions how granted. Revocation of pensions. 6. Every such re-engagemenfc shall be evidenced by an endorse- ment on the previous contract signed by the person re-engaged and by the Inspector-General or Chief Police Officer at the Settlement in such form as the Governor may from time to time direct. 7. Every person so re-engaging and signing the endorsement of re-eugagement as above shall be bound by all the conditions in the contract so. endorsed except such (if any) as may be expressly excepted and subject to such alterations as may be agreed on and endorsed. 8. The Governor in Council may from time to time make, and when made vary or rescind regulations respecting the bounties to be given to persons so engaged ' or re-engaging as aforesaid and also respecting the grant to persons engaged out of the Colony of free passages to and from the Colony from and to the place where such engagement was entered into. 9. Any person engaged under this Ordinance shall be entitled to claim his discharge at any time during his first or subsequent engagement on giving not less than one month's notice in writing to the Inspector-General or to the Chief Police Officer at the Settle- ment where he is serving of his wish to retire from the service and on paying into the Colonial Treasury a sum equal to two months' pay of the rank he holds at the time of giving notice for each unexpired year of his term of engagement with a rateable pro- portion for part of a year. 10. It shall be lawful for the Governor in Council subject to the approval of Her Majesty's Principal Secretary of State for the Colonies from time to time to regulate* the general conditions upon which and the manner in which pensions superannuation allow- ances gratuities or other relief are to be granted to members of the Police Force for all ranks under that of Superintendent or Assistant Superintendent of Police and to determine in each particular case whether there shall or shall not be granted to any member of the Police Force a pension superannuation allowance gratuity or other relief: and in the event of the Governor in Council subject to the like approval determining that there shall be granted to any member of the Police Force a pension superannua- tion allowance gratuity or other relief to further determine the amount to be paid in respect thereof and the terms on which and th,e manner in which the same shall be paid. 11. If within three years after the granting of a pension under this Ordinance to any member of the Police Force it be proved to the satisfaction of the Governor in Council that the person to whom such pension may have been granted has been guUty of any corrupt practices in the execution of his office either by receiving bribes or by inducing or compelling payment directly or indirectly of any valuable consideration to himself or to any other person by way of a bribe or by otherwise acting corruptly in the execution of or under colour of his office as a member of the Police Force then * For Regulations see Government Gazette of February 3, 1886, p. 124. STATUTORY DECLARATIONS. [XIV. OP 1885.] 1213 and in every sucli case it shall be lawful for the Governor in Council to revoke and annul the grant of such pension or to make such reduction therein as to the Governor in Council may appear fit. 12. Any member of the Police Force who unlawfully absents Desertion, himself from duty under circumstances which shew that he has the intention of not returning to his duty shall be deemed to have deserted and shall be liable on conviction before a Court of two Magistrates to rigorous imprisonment for a term not exceeding twelve months and all arrears of pay due to him shall be forfeited. Ordinance No. XIV. oj? 1885. An Ordinance to remove Doubts concerning the Legality of Statutory Declarations purporting to be made by virtue of tbe provisions of the Act 5 and 6 William 4th c. 62. [21st August, 1885.] CECIL C. SMITH. Whereas by an Act of Parliament made and passed in the sixth year of the reign of his late Majesty King William tbe Fourth intituled " An Act to repeal an Act of the present Session of Par- " liament intituled 'An Act for the more effectual abolition of " ' Oaths and Affirmations taken and made in various Departments " ' of the State and to substitute Declarations in lieu thereof and " ' for the more entire suppression of voluntary and extrajudicial " ' Oaths and Affidavits' and to make other provisions for the " abolition of unnecessary Oaths " but now known as " The " Statutory Declarations Act 1835 " after reciting that it might be necessary and proper in many cases not therein specified to require confirmation of written instruments or allegations or proof of debts or of the execution of deeds or other matters it was enacted (amongst other things) that it should and might be lawful for any Justice of the Peace Notary Public or other officer then by law authorised to administer an oath to take and receive the declaration of any person voluntarily making the same before him in the form in the Schedule thereto annexed and that if any declaration so made should be false or untrue in any material particular the person wilfully making such false declaration should be deemed guilty of a misdemeanour ; And whereas it has been the practice for Justices of the Peace and others in the Colony to take and receive declarations purporting to be made by virtue of the pro- visions of the said Act ; And whereas doubts have arisen whether or not the said enactment extends to and is in force in the Colony 1214 Short Title. 5 and 6 Wm. rv., c. 62, deemed to be in force in the Colony. Form in schedule sufficient. False declar- ation to be punishable under Penal Code. Ord. II. of 1S81. [I. OF 1886.] REGISTRATION OF IMPORTS AND EXPORTS. and whether or not the said practice is legal and it is expedient to remove such doubts : It is hereby enacted by the Governor of the Straits Settlements with the advice and consent o£ the Legislative Council thereof as follows : — 1. This Ordinance may be cited as " The Statutory Declarations Ordinance 1885." 2. The said Act shall be deemed to be and to have been from the date of the passing thereof in force in the Colony. 3. A declaration made after the passing of this Ordinance in the form in the Schedule to this Ordinance shall be deemed to be a declaration made by virtue of the provisions of the said Act and shall be sufficient for all purposes. 4. Declarations purporting to be made by virtue of the provisions of the said Act whether made before or after the passing of this Ordinance shall be deemed to be such declarations as are referred to in Sections 199 and 200 of the Penal Code. SCHEDULE. I A.B. do solemnly and sincerely declare that and I make tMs solemn declaration conscientiously believing the same to be true and by virtue of the provisions of " The Statutory Declarations Act 1835." Oedinance No. I. op 1886. Short Title. An Ordinance Exports. for the Registration of Imports and [14tli January, 1886.] FRED. A. WELD, Governor and Commander-in-Chief. Whereas the existing regulations for the registration of Imports and Exports have become in great measure obsolete and it is ex- pedient that power should be given to the Governor in Council to frame new Regulations for the purpose aforesaid : It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows : — 1. This Ordinance may be cited as " The Registration of Imports and Exports Ordinance 1886." CEOWN LANDS. [II. OF 1886.] 1215 2. Upon the coming into operation of any Eegulations made by Eepeal. the Governor in Council under the provisions of this Ordinance the Indian Regulation III. A.D. 1833 intituled "A Regulation for '•' establishing an Office for the Registry of Imports and Exports " at the Settlements of Prince of Wales' Island Singapore and " Malacca " shall be repealed but all Officers holding office under the repealed Regulation shall continue to hold their offices and to act under the Regulations to be made under this Ordinance. 3. It shall be lawful for the Governor in Council from time to Council may time to make and when made to vary and revoke Regulations* for make Kules the registration of all goods landed shipped or transhipped at the ?°'' ^S"?!?^*- several Ports of the Colony. tbn!^^^ 4. Every Regulation made under this Ordinance shall be laid to*fe\tid°^ before the Legislative Council at the first meeting thereof held before the after it is made. L egislative CoBncil. 5. At the expiration of one calendar month after any such Re- To be pub- gulation has been laid before the Legislative Council it shall be listed in Gaz- published in the Goverimient Gazette and shall at the expiration * ^' of thirty days after such publication have the same force and effect as if enacted in this Ordinance and every person guilty of a breach of or non-corapliance with any Regulation so made and published shall be liable to a penalty not exceeding one hundred dollars. Penalty. Ordinance No. II. op 1886. An Ordinance to regulate the Alienation and Occupation of Crown Lands. [1st March, 1886.] FRED. A. WELD, Governor and Commander-in-Chief. Wheeeas it is expedient to make better provision for the alienation and occupation of Crown Lands : It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows : — 1. This Ordinance may be cited as " The Crown Lands Ordinance short Title. 1886" and shall come into operation on such date as the Governor by notification in the Government Gazette shall direct. 2. On and from the date on which this Ordinance comes into Repeal, operation sections five, six, seven, eight and nine of the Indian Act 16 of 1839 shall be repealed. 3. Any person who at the time of the coming into operation of Eights of per- tliis' Ordinance is in possession of Crown Land by virtue of a permit ™'*-l"»l^ers. issued under section five of Indian Act 16 of 1839 in which no * For Kegulatioiis made under this section see GoTcmment Gazette of May 7, 1886, p. 661. 1216 [II. OF 1886.] CEOWN LANDS.. Power to make rules for the disposal of available lands. Form of grant. Implied covenants in statutory grant. limitation of the time of occupation or of the duration of the license thereby given is specified shall be entitled to receive a grant under this Ordinance for the same upon payment to the Colonial Treasurer of the sum of three dollars per acre and of the fees and charges specified in the Schedule A. hereto for the cleared or cultivated area then in his possession by virtue of the said permit ; Provided that such land shall be liable to such rent as may be imposed in accorda'nce with the rules made under section four hereof and that nothing herein contained shall entitle any person to receive at the rate aforesaid a grant for a greater area than that specified in such permit. 4. The Governor may from time to time make and when made vary and rescind rules* for the disposal or temporary occupation of Crown lands. Such rules may provide among other matters for the follow- ing:— (i.) The mode in which applications for land shall be made and the terms and conditions on which grants leases or other dispositions shall be issued. (ii.) The total or partial exemption either absolutely or subject to conditions of land from rent for a term of years or for any life or lives or during the maintenance of any institution. (iii.) The time and place at which and person to whom rent shall be paid. 5. Every giunt of land issued under this Ordinance shall be in the form or to the efiect of Schedule B hereto and shall be signed by the Governor. 6. (1-) In every grant issued under this Ordinance there shall by virtue of this Ordinance be implied (in the absence of an express provision to the contrary) the following covenants by the grantee with the Queen's most Excellent Majesty Her Heirs and Successors ; that is to say : — (i.) That the grantee his executors administrators and assigns will pay at the time and place for the time being prescribed by rules made under this Ordinance in respect of the land described in such grant the rent (if any) mentioned therein or for the time being payable in respect thereof by reason of the periodical revisions herein-after mentioned. (ii.) That the grantee his executors administrators and assigns will maintain in substantial repair all land-marks by which the boundaries of such land are defined. (iii.) That the grantee his executors administrators and assigns will not use any portion of such land for the burial of a human body without the written permission of the Governor for the time being. * For Rules see Government Gazette of May 14, 1886, p. 695. For Orders regarding permits to clear or occupy Crown Lands, and for Regulations for the alienation of laud in the town of Singapore, see Government Gazette of June 4, 1886, pp. 813, 815. CROWN LANDS. [II. OP 1886.] 1217 (iv.) That the grantee his executors administrators and assigns will not assign or demise such land in parcels or otherwise than the entirety thereof. (2.) The burden of the said covenants shall run with the land comprised in sUch grant. 7. Every such grant shall also by virtue of this Ordinance be implied subject (in the absence of an express provision to the contrary) to conditions in the following agreements and conditions in respect of the land ^^™'^'^ comprised therein ; that is to say : — (i.) That there be reserved to the Crown a royalty of ten per cent, of the gross produce of all mines and minerals other than laterite found in or upon such land. (ii.) Tliat earth clay gravel sand and stone and other materials which may at any time be required for the roads public buildings or other public purposes of the Colony may be taken and removed by or on behalf of the Crown from such land (not being the site of a messuage or dwelling- house or of any buildings attached or adjoining thereto , and not being the curtilage garden or orchard thereof or the close in which the same is built or pleasure grounds adjoining and belonging thereto) without compensation save for actual damage done to growing crops roads paths fruit-trees or buildings. (iii.) That the Officers of Government and their workmen shall at all times have free access to such land for the purpose of making drains and sewers and laying down water-pipes electric and telegraph wires and other under-ground communications and using repairing and maintaining the same, (iv.) That the Collector of Land Eevenue of the Settlement or district in which such land is situate and his Officers shall at all times have free access to such land. (v.) That in case of breach of or default in observance of any of the covenants so implied as in the last preceding section hereof mentioned other than those for the payment of rent and the maintenance of land-marks the Collector of Land Eevenue of the Settlement or district in which such land is situate or any Officer authorised by him in writing may on behalf of the Crown re-enter on such land or on any portion thereof in the name of the whole and thereupon the same shall be forfeited to and vest in the Crown. 8. (1.) The sum (if any) reserved to the Crown as rent in a ^«°* reserved. grant issued under this Ordinance shall be payable by the grantee his executors administrators or assigns annually from the date of such grant up to the 31st December A.D. 1914 (the rent for each year being payable on the 1st day of January in that year) and thereafter until the revision next herein-after mentioned, 4 H 1218 [II. OF 1886.] CEOWN LANDS. Periodical re- vision of rate of rent. Land granted for religious purposes when resum- able. Agreements licensing occu- pation in anti- cipation of survey. Agreement to be called in and title /issued after survey. Surrender of sub-division. (2.) As soon as may be after the 1st January A.D. 1915 and thereafter' as soon as may be at the end of every thirty years it shall be lawful for the Governor in Council to revise the rent so reserved as aforesaid and to fix the sum which shaU be payable for the then current term of thirty years ortlie remainder thereof. (3.) Provided always that in making such revision no improve- ments made by the land-holder or his predecessors in title shall be taken into account. 9. (1.) Any land granted or leased by or on behalf of the Crown or the late East India Company free of rent or at merely nominal rent as a building site for a religious edifice or otherwise for religious or charitable purpores shall be forfeited to and vest in the Crown if at any time such land or any building thereon be applied without the 'written consent of the Governor to other purposes than those specified in the grant or lease if any such be therein specified. (2.) This section applies to grants and leases made either before or after the coming into operation of this Ordinance. 10. No grant shall be issued under this Ordinance for any Crown land unless and until the same has been surveyed and de- marcated to the satisfaction of the Collector of Land Revenue of the Settlement or district in which such land is situate. Provided that if for any sufficient reason it be found to be impracticable to cause immediate survey to be made of land in respect of which a grant is applied for it shall be competent to such Collector as afore- said to enter into an agreement ■ with the applicant for a graiit. Such agreement shall be in the form or to the efiect of Schedule C. (hereto and the number date and all other essential particulars thereof shall be entered in a Register to be kept in the Land Office for that purpose. And in respect of all land occupied under any -such agreement the payment of the rent reserved thereby may be ■demanded and enforced in like manner as if a grant had been issued. 11. At any time after the survey of any land occupied by virtue of an agreement entered into under the preceding section the Collector of Land Revenue of the Settlement or district may by a notice in writing duly served in accordance" with rules* to be made under this Ordinance require the person in occupation of such land by virtue of such agreement to deliver up such agreement to him to be cancelled. In exchange therefor when so delivered up a grant shall be issued in accordance with the terms of siich agreement. 12. (1.) If the owner or owners of the land comprised in any Crown grant or Crown lease being desirous of dividing or parti- tioning such land apply' to the Governor to accept a surrender of such grant or lease and to re-grant the land comprised therein in parcels the Governor if satisfied with the title of the applicant or applicants and on payment by the applicant or applicants of all costs and expenses of or consequent on such application shall For Bules see Government Gazette of May 14, 1886, p. 695. CROWN LANDS. [II. OF 1886.] 1219 accept a surrender of such grant or lease and shall issue in lieu thereof to the applicant or applicants grants under this Ordinance of the said land in such portions as he or they shall desire provided always that no such division or partition shall be allowed unless all arrears (if any) of rent under the original grant or lease are paid up and provided also that in no grant issued under this section shall a less rent than fifty cents per annum be reserved. (2.) The Governor may from time to time make and when made vary and revoke rules* for carrying out the provisions of this section. 13. (1.) If at any time after the coming into operation of this "ViUage-sites. Ordinance it appears to the Officer in charge of the Land Office of the Settlement or district that a village of not less than ten houses has without any license or authority in writing been built upon Crown land the Governor may declare by a notification to be published in the Government Gazette that any land in such notification described is set apart as a village-site. (2.) The Governor may from time to time make and when made vary or rescind rules* defining the conditions upon which land may be held and houses built and occupied within village-sites and the rate of rent payable in respect of the same. 14. No person shall acquire or be deemed to have acquired by l?ar to aoqui- length of possession or otherwise any right over lands disposed of oyer'landrdis- allotted or set apart under section thirteen beyond that which is posed of or al- ffiven by the rules made under the said section. lo-weA under "* •' section 13. 15. The Governor may from time to time make and when made Power to make vary or rescind rules* : — F"'*^ regard- . .-,. n n -,1 -li J. '°S coUeetion, (i.) I or granting licenses or tor farming the right to enter upon &o. unalienated Crown land to cut and dig take away any live or dead timber or other vegetable product or any beeswax guano mineral gravel stone coral shell sand loam brick-earth' or other product ; and for fixing the rents to be charged in respect of such licenses or farms, "(ii.) For regulating the collection of tithes or other customary dues payable to the Crown. 16. Every owner or occupier of land abutting on Crown land Erection and shall define and keep defined the boundaiy between his land so boundary- owned or occupied by him and the adjoining Crown land by marks, some wall bank ditch fence posts marked trees stones road or path or other sufficient means so as to show such boundary in its whole extent and in default of his so doing it shall be lawful for the Collector of Laud Revenue of the Settlement or district in which such land is situate to call upon such owner or occupier hj a notice in writing duly served in accordance with rules* to be made under this Ordinance to define or renew the whole or any part of such boundary in manner aforesaid and if the defining or renewal of such boundary shall not be commenced within thirty days from the date of the service of such notice and diligently proceeded * For Kules see Government Gazette of May 14, 1886, p. 695. 4h 2 1220 [II. OF 1886.] CROWN LANDS. with the said Collector of Land Revenue shall be entitled to cause such boundary to be defined or renewed and to recover twice the amount of the cost necessarily incurred therein in the same way as an arrear of rent due to the Crown in respect of the land. Penalty for 17. The Governor may in making any rule under this Ordinance rules'* "^ attach to the breach of it in addition to any other consequences that would ensue from such breach a punishment on conviction before a Magistrate not exceeding one month's imprisonment or one hundred dollars fine or both. SCHEDULE A. Preparation of grant and title-plan - - - - ;^2 OO Registration of grant - - - - - ;g'l 00 Erection of boundary-stones, per stone - - ' - ^'1 00 Survey Charges, - - - according to the subjoined scale or any scale fixed hereafter from time to tinae by the Governor in Council : — For Lots up to 25 acres for every acre or part of an acre above 25 and not exceeding 50 acres, do. - 50 „ do. 100 „ do. - 100 „ do. 150 „ do. - 150 „ do. 500 „ do. - 600 „ do. 1,000 „ do. - 1,000 „ do. 2,000 „ do. - 2,000 „ do. - Persons referred to in Section 3 of this Ordinance shall be charged in ' accordance with the scale prescribed below : — For the first 100 acres or any 'ess /^q ^^^^^ ^j, ^^^^ quantity - - - - L „ „,„ , ^.^ r;^40 for 100 acres and for the excess over For 250 acres or any less quantity ex- 1 jqq ^cres at the rate of* 25 cents per ceeding 100 acres - - - [ ^cre. ,.^ r^77-50for 260 acres and for the excess For 500 acres, or any Uss quantity J over 250 acres at the rate of 20 cents exceeding 250 acres - - - L per acre. r $\27.50 for 600 acres and for the excess For quantities exceeding 500 acres - < over 500 acres at the rate of 15 cents L per acre. 1 00 90 80 70 60 50 40 30 * The -word "of" is repeated here in the original. CKOWN LANDS. [II. OF 1886.] 1221 SCHEDULE B. STRAITS SETTLEMENTS. Statutory Land Gkant. Annual rent till 31st December, 1914, cents. Know all men by these Presents that I <}overnor and Commander-in-Chief of the Straits Settlements in consideration of the sum "of to the Treasurer of the said Colony on behalf of i;he Queen's Most Excellent Majesty paid by of (the receipt whereof is hereby acknowledged) do hereby under and by virtue of the power conferred on me by "The Crown Lands Ordinance 1886 " in the name and on behalf of Her said Majesty grant unto the said All that piece of land situate at containing by admeasurement acres roods and poles and bounded as follows that is to say : — On the by ■on the oy on the by and on the by which said piece of land with the dimensions abuttals and boundaries thereof is delineated in the Plan drawn on these presents and is therein coloured together with the appurtenances To Hold unto the said heirs and assigns for ever yielding to Her said Majesty het heirs and successors therefor the annual rent of dollars cents subject to the covenants and conditions contained in the said Ordinance. In Witness whereof I the said Governor have hereunto set my hand and the Public Seal of the said Colony at this day of one thousand eight hundred and SCHEDULE C. STRAITS SETTLEMENTS. No. Memorandum of Agreement made the day of 188 between the for and on behalf of the Governor of the Straits Settlements (herein-after called the Licensor) of the one part. and "f {herein-after called the Licensee) of the other part whereby it is agreed that it shall be lawful for the Licensee to occupy all that piece of land situate in the district of jn and containing or thereabouts and bounded as follows: — 1222 , [III. OF 1886.] WHIPPING OF FEMALES. On the North by On the South by On the East by On the "West by on the terms and conditions herein-after mentioned that is to say: — 1. The Licensee shall take possession of the said land within three months: from the date hereof and shall during the first year of the currency of this agree- ment make substantial improvements on the said land to the valae of one dollar per acre ; such improvements to consist of all or any of the following that is to say : — erecting a dwelling-house or other buildings sinking wells putting up fencing and clearing and cultivating the said land. 2. The Licensee shall maintain in good repair at his own expense the following land-lnarks which have been set up or agreed upon as defining the boundaries of the' said land ; — At 3. The Licensee shall pay yearly without demand to the Collector of Land Revenue for the time being at the sum of on the 1st day of January in each year. 4. The Licensee shall not permit any part of the said land to be used for the burial of a human corpse. 5. The Licensee shall not without the permission in writing of the or other Land Revenue Officer duly authorised in that behalf plant or permit to be planted tapioca or gambier on the said land. 6. The Licensor will cause the said land to be surveyed with all convenient despatch. Upon the completion of such survey the Licensee shall surrender this agreement in exchange for a grant issued under the provisions of "The Crown Lands Ordinance 1886." 7. This agreement shall not confer upon the Licensee any interest in the said land other than a mere tenancy at will. In witness whereof the said parties have hereunto set their hands the day and year first before-mentioned. Licensor. Witness to the Signature of the Licensor: Licensee. Witness to the Signature of the Licensee: Ordinance No. III. op 1886. An Ordinance to render unlawful the infliction on Females of the Punishment of Whipping. [21st January, 1886.] FRED. A. WELD, Governor and Commander-in-Chief. Wheeeas it is expedient to prohibit by law the infliction on females of the punishment of whipping : WHIPPING OF FEMALES, [III. OF 1886.] 1223 It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows : — 1. From and after the passing of this Ordinance no Judge Whipping of Magistrate Justice of the Peace Gaoler or other person shall award ^^'f^i^, to or inflict on any female the punishment of whipping for any offence which under any enactment for the time being in force in the Colony is punishable by whipping. 2. Any person who shall offend against the provisions of this Punishment- Ordinance shall be deemed guilty of an offence under section 352 of the Penal Code and shall be punishable accordingly. Ord. IV. of 1871. AN APPENDIX CONTAINING CERTAIN ACTS PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL EEFEERED TO IN THE FOREGOING ORDINANCES AND HERE COLLECTED FOR CONVENIENCE OF REFERENCE, AND THE SIAM ORDER IN COUNCIL, 1886. List of the Indian Acts contained in this Appendix. Tear. ISTo. of Act. Siibjeot-Matter. Page. 1839 16 Bents payable to GrOTernment 1227 1847 6 Copper Currency .... 1230 1864 13 Straits' Light-Houses 1231 1855 7 Arrest on mesne process and subsistence of prisoners. 1236 1856 97 93 13 14 26 27 Police - ... Conservancy - . - . . Municipal rates and taxes Municipal Oommissioners ; rates and taxes - 1239 1253 1307 1316 1857 26 Ferries ' - - - - 1327 1858 21 Native Passenger Ships 1329 1859 93 1 25 Merchant Searaen . - . - Over-crowding of Vessels 1335 1372 1860 16 48 Amending Conservancy Act (Act 14 of 1866). Municipal Bye-laws. Police ...... 1377 1379 1861 26 Land in Malacca .... 1383 1863 15 17 Amending Merchant Seamen's Act (Act 1 of 1869). Amending Act 27 of 1856 - 1387 1391 Note. — By the Interpretation Amendment Ordinance, 1868 (Ordinance I. of 1868), s. 6, whenever the amount of payment is stated in Rupees it is to be read as if half the same number of Dollars had been named. But see also Act 7 of 1865, s. 16, and the Treasury Exchange Act, 1867 (Act V. of 1867), s. 1. These Acts should be read with such formal alteratioas as to names, localities, courts, offices, persons, &c., as may be necessary to make them applicable to the circumstances of the Colony. See the Interpretation Act, 1867 (Act XIV. of 1867), s. 18. Indian Act No. 16 of 1839. 1227 Act No. 16 op 1839.* [Passed 10th June, 1839.] 1. Rules for regulating the Assessment and Collection of Rents payable to Government. 2. Land held not under a registered title from Government, and not declared free, shall be liable to assessment. 3. Collector may eject person holding land in manner aforesaid, if he refuse either to remove, or to engage for the land on requirement of Collector. 4. Magistrate, &c., to assist Collector in enforcing the power above given. Persons resisting to be fined not exceeding 1,000 Rupees, and in default of payment to be imprisoned not exceeding six months. 6. Collector may measure and assess and grant lease of waste and forest land to persons desirous of clearing and occupying, &c. What to be done in case Jungle is too dense, &c., to measure. Lease not to be granted for term exceeding 20 years ; renewable on new terms for 30 years. 6. Collector may require applicant to set up good and solid landmarks by which the boundaries may be defined. Lease not to take efiect until Isindmarks have been set up. Persons removing or defacing landmarks to be fined, &o., as specified in 4th Section, 7. Applications for land for longer term than 20 years, renewable for 30, to be forwarded to the Governor of Bengal. 8. Leases to be signed by the Collector ; lease shall specify leaseholder's name, quantity, boundaries, and rent ; which particulars are to be registered. 9. Leases may be surrendered, for the purpose of having new one in sub- divisional parcels of same property. 10. (1.) Rent to be paid at the Collector's Office. (2.) When rent is in arrear, Collector shall demand payment in writing within 16 days, by notice, stating amount due, and that it will be recovered with costs under this Act. (3.) Notice to be served on the occupier, at his place of residence or by being stuck up on the premises. (4.) One Rupee to be charged for service of Notice. (5.) If arrears are not paid, the Collector may issue attachment against personal property, efFeots, and crops of defaulter, and after 6 days may sell same. (6.) Attachment to be made by Officer specially deputed. Mode of making the attachment. (7.) Two Rupees to be paid for attachment whether sale takes place or not. (8.) If arrear not realized by above means, the land itself may be sold. (9.) Manner in which land shall be brought to sale. Sale to be advertised by Notice in Collector's Office and in Court of Justice. Sale to be by Pubhc Auction, in presence of Collector, to highest bidder. Surplus, after payment of arrears with interest at 12 per cent, and costs, to be paid to defaulter. Collector to make title to Purchaser, and put him in possession and to notify the result, &c. Person offering cancelled lease, &c., to be fined not exceeding 500 Rupees, and in default of payment imprisoned, not exceeding 4 months. Persons resisting sale to be fined 1,000 Rupees and in default of payment imprisoned not exceeding six months. * Keferences to this Act may be found in the following places: — Ordinances II. of 1871 ; V. of 1875, s. 1 ; XL of 1876, sees. 4 and 6 ; XV. of 1876, s. 56, sub-s. II. ; VII. of 1882, s. 1 ; II. of 1886 ; and in Indian Act 26 of 1861, sees. 3 and 5. 1228 Indian Act No. 16 of 1839. (10.) Collector shall deduct from proceeds of sale 2 Rupees for advertise- ment, and one per cent, for expense of sale. (11.) Any person interested in the property may prevent sale hy payment of arrears of rent, with interest and expenses. (12.) The summary process to apply only to arrears which have accrued within one year. (13, 14.) Any person who disputes the justice of the demand or attachment may, at any time before sale, state his objection to the Collector, and afterwards may petition any Civil Court of competent jurisdiction for redress, and the sale meanwhile shall be stayed. Party petitioning must pay arrear, interest and costs into Court, or give security. 11. (1. 2.) In case of mutation of title, by act of party or by succession, the transferee shall apply at the Collector's Office, with the original title, and the deed of transfer or other new title, whereupon the change of title shall be registered. (3.) No chailge of title shall be registered until the Collector has ascer- tained that the boundaries are defined by proper landmarks. Registered owner to maintain landmarks, or in default to pay three times the costs of making or repairing them. Officers of Government to have free access to inspect land- marks, &c. (4.) Establishes Registry fee of four Rupees; one Rupee to be paid for inspecting Register, and two for certified extract from Register. (5.) Registry not to be proof of change of title. No deed to be valid unless it is registered. 12. Act not to apply to certain cultivators and resident tenants of Malacca. Following 1. It is hereby enacted, that from the first day of January, in the year rules to tie ^f Qur Lord 1840, the following Eules shall be in force for regulating the in force for assessment and collection of the rents payable to Government in the colkction of Settlements of Prince of Wales' Island, Singapore and Malacca. Government 2.* And it is hereby enacted, that if any person, except as is provided in ^^^^- the last Section of this Act, shall hold or occupy any land within any Lands not gf ^jjg Settlements aforesaid, not under a grant or title from Government declared free ^^j^. j-ggigtejej, and which land has not been declared by competent reeistered title authority free from assessment, such land shall be liable to assessment, and to be liable to ' shall be assessed in such manner, at such rate, and under such conditions, as assessment. the Collector acting under the instructions of the Governor of Bengal shall determine. Collector may 3.* And it is hereby enacted, that if any person holding or occupying eject person so j^j,^ jjj ^jjg manner set forth in the preceding Section, shall refuse to holdmg, if he engage for or to remove from the land within one month from the date on engage for the which he shall be called upon by the Collector to enter into such engage- land or to ment, or so to remove from it, by a written notice to be served personally, remove from it. or at the residence of the owner or occupier, or to be stuck up on the premises, it shall be lawful for the said Collector to eject such person from the land so held or occupied, and to take and hold possession of the same on the part of Government, to be disposed of in such manner as the Governor of Bengal may direct. Provided that no person so holding or occupying land who has filed or shall file his claim to exemption from assessment thereon before the day and year aforesaid, shall be liable to be so called upon by the Collector until his claim shall have been determined by competent authority. Magistrate to 4.* And it is hereby enacted, that all Magistrates and Police Officers assist Collector, gijall aid and assist the Collector and his Officers in the due exercise of the Landholder power of ejectment conferred upon the said Collector by the foregoing Collector Section, and any holder or occupier of land who shall resist or cause to be liable to fite resisted the exercise of the said power, and any person who shall be aiding of Bs. 1,000. * See the Crown Lands Ordinances, 1883 and 1886, Ordinances X. of 1883 and II. of 188B. Indian Act No. 16 of ] 839. "1229 and abetting in such resistance, shall, on conviction before a Magistrate, be punished by fine not exceeding one thousand Rupees, or, in default of payment of the fine, by imprisonment not exceeding six months. H.* Clause First. — And it is hereby enacted, that all mutations by act of party or by succession in titles to land, taking place after the first day of January in the year of our Lord 1840, shall be registered under the following rules. Clause Second.f — Tbe party claiming by right of transfer or succession Eules for shall attend at the Collector's office, either in person, or by his constituted registry of agent, and shall make application for registering the mutation, producing i^utations of the original grant or lease, together with the bill of sale or other deed of ^jje't^er by act transfer, which must be made out in the English language, and according of party or by to a form which will be found in the Collector's office, or, in case of succession, successions, the Probate or Letters of Administration, together with the Original Will, if any, or a copy thereof, after which, notice of the mutation shall be registered, the date and other particulars of the transaction being entered in the Register in a clear and distinct form. Clause Third. — No mutations of title to lands shall be registered until the Collector shall have satisfied himself that the boundaries of the lands have been distinctly defined by convenient and substantial landmarks. The parties whose title to lands may be so registered are required to main- tain the landmarks laid down in a state of good and sufficient repair, so that they may be at all times available for the purpose of accurate ascer- tainment of the limits of each occupancy, and every holder or occupier of such lands, wilfully neglecting to maintain such landmarks in a sound and serviceable condition, shall forfeit a sum equal to three times the cost of the erection or repairs which may become necessary in consequence of such default, and which shall be undertaken by the Collector ; the amount of the forfeiture to be levied in like manner as rents are to be collected under the provisions of this Act. And the ' holders or occupiers of such lands are required to admit free access to the same by the Officers of Govern- ment for the purpose of inspecting the landmarks, and of measuring and laying down boundaries, and any holder or occupier of land, or other persons who shall obstruct or resist such Officers, shall be liable to the penalties prescribed in Section 4 .of this Act. Clause Fourth. — It shall be lawful for the Collector to demand and receive on the part of Government, a fee to meet the charges attending the registry, of four Rupees, and of one Rupee for inspecting the Register, and of two Rupees for granting a Certified Extract from the Register. Clause Fifth.— The Registry of a mutation shall not of itself be taken to Eegxstry of convey or establish any legal title to land, nor shall it be held to corrobo- ""be'proof'of rate, qualify or bar any rights which may come to be questioned judicially, mig^ * Sections 5, 6, 7, 8, 9 were repealed by the Crown Lands Ordinance, 1886 (Ordin- ance II. of 1886), s. 2. Section 10 is omitted as it has ceased to be in force by the Land Revenue CoUeotion Ordinance, 1886 (Ordinance IV. of 1886). ■(■ So much of this clause as requires that bills of sale or other deeds of transfer shall be made out according to a form to be found in the Collector's Office was re- pealed by the Kegistration of Deeds Ordinance, 1871 (Ordinance II. of 1871), s. 4, which see p. 323. So much of this clause as requires the production of the original grant or lease together with the bill of sale or other deed of transfer upon the application for registra- tion of any mutation of title was repealed by the Land Registry Ordinance, 1875 (Ordinance "V. of 1875), s. 1, which see at p. 617. 1230 Indian Act No. 6 of 1847. No deed of sale or transfer or probate, &c., to be evidence, unless registered. Exception as to certain cultiyators and resident tenants of Malacca. But no deed whatsoever for the sale or transfer of land, which may be executed after the first day of January in the year of our Lord 1840, shall be admitted to be valid by the Ofiicers of Government, or be received in evidence as a legal instrument by any Court of Judicature, unless the same shall have been registered in the- Collector's Office in the manner directed by this Section, nor shall any Probate or Letters of Administration be received as evidence of title to land until so registered. 12. And it is hereby provided, that nothing in this Act contained shall apply to such cultivators and resident tenants of Malacca as hold their lands by prescription, subject only to a payment to Government of one-tenth part of the produce thereof, whether such payment be made in kind or in the form of a sum of money received by the Government in commutation of the payment in kind. Act No. 6 op 1847. 1 and 2. Acts 21, 1835, and 22, 1844, not to apply to Copper currency of Penang, Singapore, and Malacca, &c., (2) the Copper Coins of which shall be a cent, a half cent, and a quarter cent. 3, 4, 5, and 6. Cent, half, and quarter, to he legal tendtr for yot*^' iw^^' ^^^ ^^th parts of a Dollar respectively, (5) no other Copper Coins to be legal tender; (6) the circulation of other Copper Coins is prohibited. 7. Any person circulating, &c., other Copper Coins, to be hable to a fine, not exceeding ten Rupees. 8. The G. G. in C. may direct the coining and issuing and prescribe the devices of the Coins issued under this Act. An Act for establishing a Copper Currency in the Settlements o£ Penang, Singapore, and Malacca. [Passed 1st May, 1847.] 1.* It is hereby enacted that from and after the date of the passing of this Act, the provisions of Act 21 of 1835, and 22 of 1844, shall not be deemed to apply to Copper Currency of the Settlements of Penang, Singa- pore, and Malacca. 2. *t And it is hereby enacted, that from and after the 1st day of January, 1848, the following Copper Coins only shall bo received at or issued from any Government Treasury within the said Settlements : 1. A cent, weighing 144 grains troy. 2. A half cent, weighing 72 grains. 3. A quarter cent, weighing 36 grains. Such Coins to 3. JAnd it is hereby enacted, that from and after the date of the passing be legal tender of tuis Act the said cent shall be legal tender throughout the said Settle- for certain parts respec- tively of a Dollar, * By Indian Act 17 of 1855, sections 1, 2, and 5 of this Act were repealed in so far as they relate to copper pice, double pice, and pies coined in accordance with Act 22 of 1844 or Act 21 of 1835. t By the Legal Tender Act, 1867 (Act IV. of 1867), s. 1, so much of this Act as enacts that copper coins described in this section shall alone be received or issued as copper coinage at any Government Treasury in these Settlements shall cease to have any operation therein. t As to legal tender see Indian Act 17 of 1855, sees. 2, 8 ; and the Legal Tender Act, 1867 (Act IV. of 1867). Acts 21 of "1835, and 22 of 1844, not to apply to the Copper Currency of the Straits. The Copper Coins of the Straits to be a Cent, a Half Cent, and a Quarter Cent. Indian Act No. 13 or 1854, 1231 ments for y^^ of a Dollar and the said half cent for -^^ of a Dollar, and the said quarter cent for -^^ of a Dollar. 4. Provided always and it is hereby enacted, that none of the said Coins and not other- shall be legal tender except for fractions of a Dollar, "wise. 5.* And it is hereby enacted, that after the 1st day of January 1848, no No other other Copper Coins or Tokens than those specified in Section 2 of this Act Copper Coins shall be legal tender of payment for the fractional parts of a Dollar within '° ^^ ^^S^^ the said Settlements. *^°'^^^''' 6. And it is hereby enacted, that, with the exception of the Copper Coins or circulated, specified in Section 2 of this Act, the circulation in the said Settlements after the said day of all Copper Coins or Tokens not being the authorized legal Coinage of any British or Foreign Government is prohibited. 7. And it is hereby enacted, that after the said day any person who shall Penalty of circulate, or attempt to circulate, in the said Settlements, any Copper Coins ^^- 1" ^?^ or Tokens other than those specified in Section 2 of this Act, and not otif^comjer being the authorized legal Coinage of any British or Foreign Government, Coins, shall on summary conviction before a Magistrate be liable to a fine not ex- ceeding Ten Eupees, and in default of payment any person so convicted shall be subject to imprisonment for a term not exceeding one month, 8. And it is hereby enacted, that it shall be competent tO' the Governor The Govern- General in Council, in his executive capacity, to direct the coining and ment of India issuing, and to prescribe the devices and inscriptions of the Coins to be ™^n;nJand' ^ issued under the authority of this Act. issuing of such Coins and prescribe devices. Act No. 13 op 1854 1. Repeals Act 6, 1862. 2, 3. Horsburgh Light-House to remain the property of the E. I. Co. and (3) that and the floating lights to be called " the Straits' Lights." 4. Ships of 60 tons and upwards to pay tolls as specified. 6. Ships to pay tolls on return voyages. 6. Ships of War, British and Foreign, and E. I. Oo.'s Ships to be exempt from toll. 7. Straits' traders to be liable to only half toll. 8. 9. Vests the management of " the Straits' Lights " in the Governor of the Settlements, (9) who may appoint Collector of tolls. 10. Directs how toUs collected shall be applied. 11, 12. ToUs to he paid before Port-Clearance granted (12) to proper Oflcer, who shall give receipt for same. 13, 14. Port-Clearance not to be granted tiU tolls are paid, and Ship and goods may be distrained and sold for tolls, and (14) the Collector may sue for recovery of tolls. 16. Collector may require production of Ship's register to ascertain burden of Ship, and may cause Ship to be measured, &c. * By Indian Act 17 of IS-iS, sections 1, 2, and 5 of this Act were repealed in so far as they relate to copper pice, double pice, and pies coined in accordance with Act 22 of 1844 or Act 21 of 1835. 1232 Indian Act No. 13 of 1854. 16. Empowers Collector of tolls to make enquiry on what voyage any Ship is bound, &c. 17- Giv Eupees,* or to imprisonment, with or without hard labor, for any term not "rmJury.Mt exceeding four montho. And if the penalty adjudged be a ijne, the "^Stelony. Magistrate may award the whole or any part thereof to the party aggrieved by way of satisfaction for such injury.f * * « « « * *®* • ■ • . • any reputed thief found between Apprehension sun-set and sun-rise, on board any vessel or boat, or lying or loitering in ""^ punish- any bazaar, street, road, yard, thoroughfare, or other place, who shall not ment of re- give a satisfactory account of himself; any person found between sun-set ^^^ thieves, and sun-rise, having his face covered, or otherwise disguised, with intent to commit any felony ; .... may be taken into custody by any Police Officer without a warrant, and shall be liable to imprisonment, with or without hard labour, for a term not exceeding three months. 49. Whoever takes, or attempts to take, without due permission, or Penalty for throws, or attempts to throw, into any Jail or House of Correction,^ or taking spirits, into any public hospital, any spirits or spirituous or fermented liquors, or *"'•' ™*° "'^^'^• intoxicating drugs or preparations, shall be liable to a fine not exceeding fifty Rupees, or to imprisonment, with or without hard labor, for any term not exceeding two months. 68.§ If any property regarding which written or printed information Pawn-brokers shall be given by any Police Officer to any pawn-broker or dealer in and money- second-hand property or money-changer as having been stolen, embezzled, changers to or fraudulently obtained, shall then be or thereafter come into the pos- ''^P''^t stolen session of or be pfiered in pawn or for sale or change to such pawn-broker, a'^penalu"for^^ dealer, or money-changer, he shall, without unnecessary delay, give in- neglect, formation to the Commissioner of Police or at the Police Office, that certain property answering the description of the said property was offered to him, or is in his possession, and shall also state the name and address given by the party by whom the same was offered, or from whom the same was received, under a penalty not exceeding fifty Rupees for each and every such neglect or offence ; provided always, that, in the case of wearing apparel or other articles which it may be difficult for such pawn-broker or * Where the amount of fines and penalties is stated in Rupees it is to he read as if half the same number of dollars had been named. See the Interpretation Amendment Ordinance, 1868 (Ordinance I. of 1868), s. 6. f The first sentence of this section is thought to be impliedly repealed by the now repealed Summary Jurisdiction Ordinance, 1871 (Ordinance XIIJ. of 1871), by the Penal Code (Ordinance IV. of 1871), and by the Summary Criminal Jurisdiction Ordinance, 1872 (Ordinance XIII. of J 872). J Impliedly repealed as to Jails and Houses of Correction by the Prisons Ordinance, 1872 (Ordinance XIV. of 1872), s. 19. § Part of sectiojis 68 and 69 thought to be impliedly repealed by the Pawnbrokers Ordinance, 1872 (Ordinance VII. of 1872). 1248 If stolen articles be altered or defaced by broker, after information of the theft, he shall be deemed a receiver of stolen goods. Indian Act No. 13 of 1856. dealer to truce out and identify, no fine shall be exigible in respect of not reporting such articles, unless it shall appear to the Magistrate that such articles had been knowingly concealed by such pawn-broker or dealer. 69.* If any pawn-broker or dealer in second-hand goods or worker in gold or silver, after receiving information of the theft or the embezzling or the fraudulent disposal of any metals, goods, or articles of whatsoever description , melts, alters, defaces, or puts away the same, or causes the same to be melted, altered, defaced, or put away, without having previously received the permission of the Commissioner of Police, and it shall be found that such metals, goods, or articles were stolen, embezzled, or fraudulently disposed of by the person from whom such pawn-broker, dealer, or worker received the same, or by any other person, then and in such case it shall be held that such pawn-broker, dealer, or worker knew that such metals, goods, or articles were stolen, embezzled, or fraudulently disposed of, and such pawn-broker, dealer, or worker shall be proceeded against according to Law as a receiver of stolen goods, or as being a party to the fraud, and punished accordingly ; and no other evidence of his guilt shall be necessary than evidence of such melting, altering, defacing, or putting away, after receiving information as aforesaid. Penalty for neglecting or delaying to report accident to a registered boat attended with loss of life. 80.']" Whenever any accident shall occur to a registered boat, attended with loss of the life of any one of the crew or passengers, the manjee, or, if the manjee be not forthcoming, the owner of the boat, shall report the circumstances at the Police Office; and if the manjee or the owner, as the case may be, without lawful excuse, neglect or delay to make such report, he shall be liable to a fine not exceeding fifty Rupees. Penalty for destroying, &c., lamp-post, &c. Police Officer may arrest mthout war- rant on view of offence. Police Officer may take into custody, with- out warrant, persons charged with aggravated assault re- cently com- mitted. Apprehension of offenders by private individuals. 83.J Whoever destroys, injures, or disturbs any lamp-post, lamp- bracket, or lamp, or extinguishes any light therein, or abstracts or takes away any oil or other matter or thing therefrom, shall be liable to a fine not exceeding twenty Rupees, or, in default thereof, to imprisonment, with or without hard labor, for a term not exceeding fourteen days ; and if the lamp-post or bracket or lamp belong to the Municipal Commissioners, the fine, if realized, shall be paid to the Municipal Fund. 86. § Any Police Officer may arrest, without a warrant, any person com- mitting, in his view, any offence against this Act. 87. Any Police Officer may take into custody, without warrant, any person who is charged with committing an aggravated assault, in every case in which he shall have good reason to believe that such assault has been committed, although not in his view, and that, by reason of the recent commission of the offence, a warrant could not have been obtained for the apprehension of the offender. 88. Whoever commits an offence on or with respect to the person or property of another, or, in committing an offence under this Act, injures or damages the person or property of another, may, if his name and address be * Part of sections 68 and 69 thought to be impliedly repealed by the Pawn-brokers Ordinance, 1872 (Ordinance VII. of 1872). f This section may have been repealed by implication by the Harbours Ordinance, 1872 (Ordinance VIII. of 1872), s. 53, and the rules framed thereunder. J Part of this section is thought to be repealed by implication by the provisions of the Penal Code (Ordinance IV. of 1871), relating to mischief. § See the Criminal Justice Ordinance, 1870, (Ordinance XX. of 1870), sees. I, 11, and 12. Indian Act No. 13 of 1856. 1249 unknown, be apprehended by the person injured, or by any person who may be using the property to which the injury may be done, or by the servant of either of such persons, or by any person authorized by or acting in aid of him, and may be detained until he give his name and Penalty for address and satisfy such person that the name and address so given are assaulting or correct, or until he can be delivered into the custody of a Police Officer. sUtin^''^a'^^" 89. If any person lawfully apprehended under the last preceding section a^'^r^helds shall assault or forcibly resist the person by whom he shall be so appre- „nder the * hended, or any person acting in his aid, he shall be liable to a fine not ex- preceding ceeding 200 Rupees.* Sectipn. 90. Every person taken into custody without a warrant by a Police Persons taken Officer, shall be taken to the Station House, in order that such person ™'° may be detained until he can be brought before a Magistrate, or until he officer wUh- shall enter into recoirnizauces, with or without sureties, for his appearance out warrant before a Magistrate. | may be de- tained in 91. Whenever any person is brought to a Station House charged with Station House, any offence against this Act, other than a felony ; or whenever a until brought person charged with a felony is in the custody of any Police Officer ^^°^^(^ without a warrant — ^it shall be lawful for the Officer in charge of such ijaOed ^ * ""^ Station House, or any superior Officer of Police, if he shall deem it p„^er to take prudent, and, in the case of felony, if he shall deem it probable that the recognizances person is falsely accused, to enlarge such person on his own recognizance, at the Station with or without sureties, conditioned as hereinafter mentioned. House upon certain charges. 92. Every recognizance so taken shall be without fee or reward, and Condition of shall be conditioned for the appearance of the person thereby bound before recognizance. a Magistrate at his next sitting, and the time and place of appearance, and the sum thereby acknowledged (not exceeding one thousand Enpees), shall be specified in the said recognizance, or in the condition thereof ; and the Officer taking the recognizance shall enter into a book, to be kept for the purpose, the name, residence, and occupation of the party, and Lis surety or sureties, (if any), entering into such recognizance, together with the condition thereof^ and the sum thereby acknowledged, and shall return every such recognizance to the Magistrate present at the time and place when and where the party is bound to appear. 93. If information shall be given on oath to the Commissioner of On suspicion Police, or to a Magistrate, that there is reasonable cause for suspecting that of goods being any thing stolen or unlawfully obtained is concealed or lodged in any f'"^",,""^ "°" dwelling-house, building, or other place, or any .ship or vessel, the Commis- obtained, siorier or the Magistrate, by special warrant under his hand directed to any Commissioner Police Officer, may cause such dwelling-house, building, or other place, or of Police or ship or vessel, to be entered and searched at any time of the day, or by Magistrate night, if power for that purpose be given by such warrant ; and the said '"^^ S^^^* Commissioner or Magistrate, if it shall appear to him necessary, may em- ^^^^^ "'"^'^" power such Police Officer, with such assistance as m.ay be found necessary, (such Officer having previously made known his authority), to use force for the effecting of such entry, whether by breaking open doors or otherwise ; and if, upon search thereupon made, such thing shall be found, then to convey the same before a Magistrate, or to guard the same on the spot until the offenders are taken before a Magistrate, or otherwise dispose thereof in some place of safety ; and moreover to take into custody, and carry before the said Magistrate, every person found in such house or place, or ship or vessel, who shall appear to have been privy to the deposit of any such * See also sections 224 and 353 of the Penal Code (Ordinance IV. of 1871) •f See the Criminal Justice Ordjnance, 1870 (Ordinance XX. of 1870), o. IC 10. 4k 1250 Power to search houses for stolen property, without a ■waiTant in certain casjs. Magistrate may proceed by summons, and if party does not appeaj-, may issue warrant. In cases not of a criminal nature. Magis- trate may proceed in the absence of the person summoned. Prosecution for such offences to he commenced within three months. How sum- mons may be served. Magistrate may issue warrant with- out summons when grounds for doing so are stated on oath. Magistrate may enforce attendance of /fitnesses. And admi- nister oath. Punishment of witness refusing to answer. Indian Act No. 13 of 1S56. thing, knowing or having reasonable cause to suspect the same to have been stolen, or otherwise unlawfully obtained. 94. If information shall be given to any Officer of Police not below the rank of Inspector, that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any dwelling-house or other place, and he shall have good grounds for believing that, by reason of the delay in obtaining a search warrant, the property is likely to be removed, the said Officer, in virtue of his office, may search for specific articles alleged to have been stolen in the houses and places specified ; provided always, that a list of the articles stolen or missing be delivered or taken down in writing, with a declaration stating that the robbery has been committed, and that the in- formant lias good ground to believe that the property is deposited in such house or place ; and provided further, that the person who lost the goods, or his representative, accompany the Officer in the search. 95. Upon any information or complaint, which need not be upon oath, laid or made before a Magistrate of Police, of any matter which such Magistrate is by Law authorised to hear and determine summarily, he may summon the person charged to appear at a time and place to be mentioned in the summons ; and if such person shall not appear according to the tenor of the summons, the Magistrate, upon proof of the service of the summons, may proceed, in all cases which are not of a criminal nature, if no sufficient cause shall be shown for the non-appearance of the person charged, to hear and determine the case in his absence ; or in such cases, and in all criminal cases, may, if he think lit, upon oath being made before him substantiating the matter of such information or complaint to his satis- faction, issue his warrant for apprehending and bringing the person charged before him or some other Magistrate in order that the said information or complaint may be heard and determined. Provided always, that the prose- cution for any offence not of a criminal nature, punishable upon summary conviction by virtue of this Act, shall be commenced within three months after the commission of the ofEence, and not otherwise. 96. Every such summons shall be served by delivering the original or a copy thereof to the person charged, or by leaving the same at his usual place of abode with some adult male member or servant of his family. 97. A Magistrate may, without issuing any summons, forthwith issue his warrant for the apprehension of any person charged with any offisnce cognizable before him, whenever good grounds for so doing shall be stated on oath before him.* 98. A Magistrate may summon any person within his jurisdiction to appear before him, at a time and place appointed, as a witness in any matter cognizabhs by the Magistrate, and to bring with him any document or thing that may be required relating to any offence with which any person is charged before him ; and may administer to such person an oath to testify the truth in such matter.^ If any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place ap- pointed for that purpose, the Magistrate may (after proof upon oath of the summons haviqg been served upon such person either personally or by leaving the same at his usual place of abode with some adult male member or servant of his family) issue a warrant to bring such person before him to testify as aforesaid. If, on the appearance of the person summoned, either in obedience to the summons or by virtue of a warrant, he shall refuse to be examined upon oath, or to answer all such questions as shall be put to him, or to produce any such document or thing, without offering a good excuse for such refusal, he shall be liable to a fine not exceeding * See the Criminal Justice Ordinance, 1870 (Ordinance XX. of 1870), s. 17. - "f See the Criminal Justice Ordinance, 1870, s. 20. Indian Act No. 13 of 1856. 1251 fifty Rupees, or the Magistrate may commit such person to prison, there to remain for any time not exceeding one month, unless he shall sooner submit himself to be sworn or examined, or to produce the document or thing required.* 100. Whoever commits perjury in any judicial proceeding before a "erjury. Magistrate, may be committed by such Magistrate for trial before Her Majesty's Supreme Court of Judicature.! Power to 101. The Magistrate may, from time to time, adjourn the hearing of j^ ^^p^^^ «ny information or complaint to a certain time and place to be then ap- the hearing pointed and stated in the presence and hearing of the party or parties, or of case and their respective counsel, attorneys, or agents then present, and in the mean- eommit de- time the said Magistrate may suffer the defendant to go at large, or may ^^"u- °^t •discharge him upon his entering into a recognizance, with or without surety -^ ^^ j g ■or sureties, conditioned for his appearance at the time and place to which or discharge «uch hearing or further hearing shall be adjourned ; and, in default of such him upon his recognizance, or if the offence with which such person is charged is not a °y^ recog- bailable offence, may detain him in custody; and if, at the time or place to °^^^^'^^- which such hearing or further hearing shall be so adjourned, either or both 1° cases not of of the parties shall not appear personally, or by his or their counsel, ^ '=ri'i"Dal attorneys, or agents respectively, before the said Magistrate, or such other Magistrate Magistrate as shall then be there, it shall be lawful for the Magistrate then may proceed there present to proceed, in cases which are not of a criminal nature, to with the such hearing or further hearing, as if such party or parties were present ; further hear- and in all cases where the prosecutor or complainant shall not so appear, "J^^'° ^ the said Magistrate may dismiss such information or complaint with or parties. -without costs, as to such Magistrate shall seem fit.J In all cases if 102. It shall be lawful for any Magistrate, who shall hear and determine prosecutor fails any information or complaint, to award such costs as to him shall seem *° appear, com- meet, to be paid to or by either of the parties to the said charge or com- ^i^^ig^l?' plaint ; and such costs shall be recoverable in the manner hereinafter pro- power to vided for levying fines. award costs 103. In every case in which any person shall be given in charge to a ""formation" Police Officer, or in which any information or complaint of any offence or complaint. shall be laid or made before any Magistrate, and shall not be further prose- Amends may •cuted, or in which, if further prosecuted, it shall a])pear to the Magistrate he awarded by whom the case shall be heard that there was no sufficient ground for for charges making the charge, the Magistrate shall have power to award such amends, y"a'l?^°P not exceeding fifty Rupees, to be paid by the informer or complainant to '"ounds™* the party informed or complained against, for big loss of time and expenses in the matter, as to the Magistrate shall seem meet. Such amends shall be recoverable in the manner hereinafter provided for levying fines. 104. It shall be lawful for any person to compromise any of the offences Compromise, specified in this Act, not being felonies, after complaint thereof has been made ; provided that the offence is of such a nature as the injured party might have sued and recovered damages for in an action at law.§ # ***** 106. No distress levied by virtue of this Act shall be deemed unlawful. Distress not nor shall any party making the same be deemed a trespasser, on account of ^nlawfui for " See the Criminal Justice Ordinance, 1870 (Ordinance XX. of 1870), s. 21. + See the Criminal Justice Ordinance, 1870, e. 23. t As to procedure see the Criminal Procedure Ordinance, 1873 (Ordinance VI. of 1873), s. 94. 8 See also sections 213 and 214 of the Penal Code (Ordinance IV, of 1871). 4k 2 &c. 1252 Indian Act No. 13 of 1856. If Magistrate certifies the non-appearance 'if a person pursuant to his recog- nizance, the sum acknow- ledged may he recovered as a fine. Conviction to he quashed on merits only. Form of conviction, &0. any defect or want of form in the summons, conviction, warrant of distress, 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 in any Court of competent jurisdiction. 107. If any person, upon entering into such recognisance as is by this Act authorized to be taken, do not afterwards appear pursuant to such recognizance, the Magistrate before whom he ought to have appeared shall certify the fact of such non-appearance on the back of the recognizance, and thereupon the sum thereby acknowledged shall be recoverable in the manner provided by this Act for levying fines. in. No conviction, order, or judgment of any Magistrate, or in Bombay of the Court of Petty Sessions, shall be quashed for error of form or procedure, but only on the merits ; and it shall not be necessary to st.ate on the face of the conviction, order, or judgment, the evidence on which it proceeds ; but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment, in obedience to any writ of certiorari ;* and if no jurisdiction appears on the face of the conviction, order, or judgment, but the depositions taken supply that defect, the conviction, order, or judgment shall be aided by what so appears in such depositions. Commence - ment of Act. 118. This Act shall commence and take effect from and- aft-^r the 1st of November 1856. SCHEDULE.-]- LAWS REPEALED. Settlement ol' Princo of Wales' Island, Singapore, and Malacca. Act No. 3 of 1847, entitled " An Act to provide for the appointment of Constables and Peace Officers at the Settlement in the Straits." Act No. 14 of 1850, entitled "An Act for assimilriting the Penal Juris- diction of Police Magistrates at the Straits Settlements to that of Justices of the Peace at Calcutta." Act No. 40 of 1850, entitled " An Act for licensing Pawn-brokers in the Settlements of Prince of Wales' Island, Singapore, and Malacca," except Sections 2 and 3. J Act No. 34 of 1852, entitled " An Act for the prevention of Gambling m the Settlement of Prince of Wales' Island, Singapore, and Malacca." Section 8 of Act 14 of 1851, entitled "An Act for consolidating the Laws for collecting a Revenue of Excise on spirituous liquors and intoxi- cating drugs in the Settlement of Prince of Wales' Island, Singapore, and Malacca." * Proceedings before Magistrates are no longer removable by certiorari. See the Appeals Ordinance, 1879 (Ordinance XII. of 1879), s, 31, as to this, and that Ordinance generally for the present procedure in Magistrates' Appeals. f That part of this Schedule which repeals laws only in force in Calcutta, Madras, and Bombay is here omitted. X Sections 2 and 3 oi Indian Act 40 of 1850 are now repealed by implication by the Pawnbrokers Ordinance, 1872 (Ordinance VII. of 1872). Indian Act No. 14 of 1856. 1253 Act No. U op 1856. Recites expediency of better provision for conservancy. 1. Repeals Act 12, 1837; A. 22, 1847; A. 12, 1852, relating to Calcutta. Regulation specified relating to Madras. — R. 3, 1812, partly ; R. 3, 1815, partly ; A. 28, 1839, ss. 2 to 6, 8 to 14, 22 to 34 both inclusive; A. 14, 1841, and A. 14, 1842. 2. Interpretation clause. Commissioners may declare places subject to or exempt from provisions of Act. 3. Appointment of Officers and their remuneration. 4. Property vested in present Conservancy Commissioners transferred to and vested in Commissioners under this Act. 5. Public streets, &c., not being Government property, vested in Com- missioners. 6. Power to make new streets, build bridges and tunnels, divert, &c., any street, and execute works of reproductive nature, giving compensation to owners. 7. In laying out new street, Commissioners (with consent of Government) may buy land for houses and may re-sell same with conditions as to class of buildings, &c. Compensation for damage to adjoining land, &c. 8. Commissioners may purchase land for new streets or improving streets. 9. Commissioners shall (as far as funds admit) maintain streets in repair, keep "them paved, flagged, &c., also repair footways and erect posts as required. 10. Commissioners shall have streets, &c., cleansed and dirt removed. 11. Commissioners may place dust-boxes, and require occupiers to deposit dirt therein. Penalty for disobedience, to ten Rupees. 12. Depositing, or permitting to be deposited, dust, &c., in any street, &c., except as fixed by Commissioners ; penalty, to ten Rupees. 13. Causing or suffering offensive liquid, &c., to drain or be thrown in any street ; penalty, to ten Rupees. 14. Commissioners to issue directions as to removal of night soil ; penalty for dis- obedience, to twenty Rupees. 15. As to places for deposit of filth, dust, &C:, and for keeping cattle, imple- ments, &c. 16. Rubbish, &o., collected in streets property of Commissioners. 17. Commissioners to water the streets. 18. Commissioners to provide lamps and other means for lighting streets as "they think necessary. 19. Erecting wall or obstruction in street, &c. ; penalty, fine to one hundred Rupees. Commissioners may remove obstruction, and may, in concurrence with Police Commission, permit temporary erection. 20. Displacing pavement, fences, &c., without license; penalty, to fifty Rupees. 21. Course to be adopted where private person desires to lay out new street. Penalty for disobedience of Commissioners' directions, to five hundred Rupees. 22. Huts not to be erected where no previous building, except as directed by Commissioners. Specific directions. 23. Course to be taken where block of huts such as to encourage disease in the neighbourhood. ' 24. Commissioners' powers with respect to paving, channelling, sewering. 25. How. and when private street may be declared public. 26. Commissioners may license building on public street to be brought for- ward. 27. And may order building to be put back, subject to compensation to owner. 1254 Indian Act No. 14 of 1856. 28. Commissioners may put up names of streets. Defacingy &c., names; penalty, to twenty Rupees. 29. Ditto as to numbers of houses. 30. 31. As to doors and ground-floor windows. 32. Commissioners may direct pipes, &c., for carrying off water from roofs to- be erected ; penalty for disobedience, to ten Rupees daily. 33. Commissioners may direct removal of projections, &c. ; penalty for dis- obedience, to two hundred Rupees. Specific directions. 34. Commissioners may themselves remove or alter such projections, subject to. compensation to owner. 35. Commissioners may sanction balconies, &c., in cases specified. 36. Roofs or walls of inflammable materials to be removed ; penalty, to tea Dollars, daily. Making or renewing buildings with inflammable materials j penalty, to fifty Dollars, and if continued, to ten Dollars, daily. 37. As to ruinous and dangerous buildings, 38. As to expense of pulling down ruinous buildings, and sale of materials. 39. As to abandoned or untenanted building complained of. 40. Keeping filth, &c., about a house ; penalty, to fifty Rupees. 41. Permitting house to be in a filthy or unwholesome state; fine to fifty Rupees, and for continuance, five Rupees daily. 41a. Commissioners may require building to be cleansed j penalty for non- compliance, to twenty Dollars, and to five Dollars, daily. 4'2. Commissioners may direct trimming of hedges and trees on road or street i and in default may do it themselves at expense of owners. Coooanut trees not to be planted near road. 43. Keeping pig-stye to the front of street, or keeping swine, sheep, goats, or cattle without license : penalty, to twenty-five Dollars. Keeping premises for such animals in filthy state : penalty, to twenty-five DoUars. 44. Seivers, drains, culverts, &o., vested in Commissioners. 45. Commissioners to make necessary sewers and drains, and may carry through private lands, giving compensation. 46. Commissioners to maintain, and, when they see fit, alter sewers and drains or discontinue them. Provided discontinuance do not cause nuisance. If privatfr persons deprived of use of sewer or drain, another to be substituted. 47. As to cleansing and emptying sewers and drains. 48. Commissioners may alter bed of river or stream into which sewer or drain discharged, to prevent stagnation and annoyance. 49. Making, without license of Commissioners, drain into public sewer or drain ; penalty, to one hundred Rupees. Commissioners may destroy it at offender's expense. 50. Building not to be erected over sewer or drain without Commissioners' consent. Any such may be pulled down at offender's expense. 51. Course to be pursued where house not properly drained. 52. No building (for the future) upon a level that will not allow of drainage into place for discharge of drains. 52a. Rules for building brick and stone houses :— Thickness' of walls ; founda- tions ; space between floors of neighbouring houses ; external ends of floors, &c. ; abutments of floors and roofs. Penalty for infringing rules, to one hundred Dollars. 52b. Houses of stone and plank, brick and plank, or posts and plank exempt from foregoing rules, and may be erected by permission of Commissioners. Penalty for erecting without permission, to one hundred DoUars. 52c. No alteration in frontage of houses without permission of Commis- sioners. Penalty for making alteration without permission, to one hundred Dollars. Indian Act No. 14 of 1856. 1255 53. Course to be taken when a new building has means of drainage within one hundred feet distance. 54. Notice of intended building must.be given to Commissioners, with plan. 55. Upon which. Commissioners, within fourteen days, to issue directions. 56. If notice not sent or Oommissionei^s' directions not attended to, they may demolish or alter building at owner's expense. 67. If Commissioners give no direction or approval within fourteen days, building (if otherwise in conformity with this Act) may be proceeded with. 57a. Notice of intention to commence or resume such works to be given to Commissioners under penalty of fifty Dollars. 58. Sewers and drains to be covered and ventilated. Where private, Commis- sioners may compel. 59. And may erect pipes in any building for that purpose, under certain conditions. 60. Throwing dirt, &c., into public sewer or drain ; penalty to fifty Rupees. 61. Public necessaries and urinals may be erected. 62. Commissioners may license such. Erecting without license, or keeping one licensed in filthy state ; penalty, to fifty Rupees. 63. Owner or occupier to erect privy, subject to Commissioners' directions, and. shut out from view, un der penalty of twenty Dollars. 64. Control of Commissioners over all branch-drains, privies, and cess-pools.. 66. Constructing such contrary to or without directions of Commissioners i , penalty, to fifty Rupees. 66. Powers for Commissioners and their officers to inspect such drains, &c. 67. How notices to be served. 68. Whenever owner or occupier required by this Act to execute work and he neglect to do so, Commissioners may execute the work at his expense. 69. For which expense, Commissioners may distrain goods and chattels of occupier, who may deduct the sum recovered from his rent. 70. Occupier not to be liable for more than amount of his rent, except in cases specified. 71. If owner of land neglect to execute required work, odcupier may do it, and. deduct from rent or charge to owner. 72. Occupier hindering execution of work by owner; penalty, to fifty Rupees , daily. 73. Public tanks, reservoirs, and other water-works, together with buildings, &c., connected therewith, vested in Commissioners. 74. Preservation and erection of public tanks, &c. 75. Supply of water for cases of fire to be maintained. 76. Improperly using or defiling tank, &c., of Commissioners ; penalty, to fifty Rupees. IT. Proprietor of gas works or other offensive manufacture causing tank, &o.,. of Commissioners to be fouled ; penalty, to one thousand Rupees, and further daily fine of five hundred Rupees after 24 hours' notice. Commissioners may examine works, costs contingent on result. 78. Injuring or diverting water-works ; penalty, to one hundred Rupees. 79. Commissioners may set apart bathing ghauts and places. 80. Commissioners may make bye-laws as to supply and use of water, and tO' regulate times and places of bathing. 81 . Commissioners may direct private tank and marsh to be filled up or drained ; and, on neglect, do it at owner's expense. 82. When and how Commissioners to cleanse or fill up pond of stagnant, water. 83. If Commissioners destroy ways, water-courses, &c., must construct others. i^o6 Indian Act No. 14 of 1856. 84. As to breaking or opening surface of street. 85. Commissioners may require situation of water-pipes or gas-pipes to be changed, at their own expense, and paying compensation for damage. 86. If their requisition not attended to, may do it themselves. 87. Obstructing streets by repairs without license, penalty, to fifty Rupees, and further daily fine, after 24 hours' notice, of fifty Rupees. 88. Precautions to be takeu by Commissioners when streets being repaired, drams constructed, &c. 89. Making a hole in street without license or without taking specified pre- cautions ; penalty, to fifty Rupees, and further penalty daily of fifty Rupees after 24 hours' notice. 90. Course to be taken when building, tank, well, hole, or other place dangerous. 91. Within limits, to be assigned by Government, slaughter-houses to be registered ; penalty for disobedience, daily fine to fifty Rupees. 92. If slaughter-house a nuisance, to be discontinued after one month's notice from Commissioners;, penalty for disobedience,' to fifty Rupees daily. Commis- sioners to make compensation for damage to owner or occupier. 93. No new slaughter-house, within the limits, without license from Commis- sioners ; penalty for disobedience, to one hundred Rupees, and further daily fine to fifty Rupees. 94. Coiimissioners may, with consent of Government, assign places for slaughter- houses, and make bje-laws for them. 95. Regulation for keeping shops for sale of meat, &c., and slaughter-houses in wholesome state. Penalty for infringement after notice, to fifty Rupees daily. 96. Commissioners to make bye-laws for inspection of markets and slaughter- houses ; and may construct public markets, levy tolls thereon, and lease the same. 9/. Keeping in place for sale meat, flesh, vegetables, &c., unfit for food ; penalty, to one hundred Rupees. 98. OfFering for sale, knowingly, noxious food or drink ; penalty, to three hundred Rupees. Search warrant ma,y be granted. 99. Commissioners may enter market or shop to inspect meat, &o. Magistrate to order unfit food to be destroyed, and fine offender to one hundred Rupees. 100. Further power of Magistrate with respect to offenders' licenses. 101. Using slaughter-house during revocation or suspension of license ; penalty, to fifty Rupees daily. ' 102. Places used for melting tallow — ^boiling offal or blood — as a soap-house oil-boiling house — dyeing house — tannery — brick pottery or hme kiln — sago manufactory — fish-curing or fish-manure manufactory — manufactory or depot of fire-works, matches — other manufactory or place of business from which ofl'ensive or unwholesome smells — as yard or depot for hay, straw, wood, attaps, coal — to be registered ; owner to apply for license ; license to be issued by Commissioners, subject to conditions, and to be in force for one year, but renewable ; penalty, for using place without license, or, contrary to conditions, to one hundred Dollars, and if continued to twenty-five Dollars daily; license may be cancelled on conviction. 103. New places not to be used for purposes described in last section without license : in default, penalty, to five hundred Rupees, and after conviction, further fine to fifty Rupees daily. 104. Commissioners may make bye-laws for inspection of places referred to in last two sections. 105. Regulation as to burial and burning grounds. Burying or burning in other than registered ground ; penalty, to one hundred Rupees. 106. No vault or grave to be within any church or chapel built after passing of this Act. Further regulation as to burial and burning ground. Penalty for ■ infringement, to five hundred Rupees. . Indian Act No, 14 of 1856. 1-57 107. Proceeding for closing or changing burial or burning places, viz., by certilicute of Commissioners. Penalty for infringement, to two hundred Rupees. 108. Nevertheless, Commissioners may, in Specified cases, grant license for use of ground contrary to terms of certificate in last section. 109. Commissioners may provide fitting places for burial and burning grounds. 110. Commissioners may make bye-laws for regulation and good order of burial and burning grounds. 111. Owners of burial and burning grounds to register particulars of name, age, &c., in case of deaths. Penalty, to fifty Dollars. 112. General powers of entry to Commissioners for purposes of this Act with 24 hours' notice to "occupier. 113. Mode in which Commissioners are to exercise their powers of entry upon and using land for works. 114. Obstructing Commissioners in carrying out this Act; penalty, to fifty Rupees or imprisonment not exceeding three months. 1 1 5. Powers of Commissioners and Magistrates for construction of aqueducts and sewers. 116. General powers to make bye-laws; penalty for infringement, to twenty Rupees, and further penalty after notice of ten Rupees daily. 117. Bye-laws to be sanctioned by Local Government. 118. To be published in " Gazette " or Newspaper for one month, and open to inspection at the office. 119. Bye-laws, how to be published when confirmed. 120. Courts and Magistrates to take judicial notice of them. 121. They are to be transmitted to clerk of Legislative Council. 122. Abstract of offences and penalties to be published in manner directed. 123. Commissioners may enter into contracts. 124. And may direct prosecutions and pay expenses thereof. 125. This Act not to sanction what would otherwise be a nuisance ; but payment of penalties adjudged under this Act a bar to other criminal proceeding. 126. As to proceeding against Commissioners : notice, and tender of amends. 127. Power to Commissioners to give compensation. 128. How land may be compulsorily obtained for purposes of this Act. 129. Commissioners may sell land vested in them, with consent of local Government, and may convey. 130. When road discontinued under sec. 6, Commissioners may sell. 131. Commissioners may charge fees for licenses and rent for ground in cases and manner specified. 132. How damages, costs, or expenses to be adjudged. 133. Mode of proceeding before Magistrate under this Act. 134. Damages, costs, and expenses to be recovered by warrant of distress and sale of goods. 135. Or by suit. 136. Defects of form not to vitiate distress, but irregularity may be subject of suit. . 137. Fines and penalties to be recovered summarily. 138. Half fine may be awarded to informer. 139. Three months' limitation for complaint of offences under this Act. 140. Offender to make good damage to property of Commissioners, as well as pay penalty ; recoverable summarily. 141. Police Officers to inform of offences, and may arrest and detain offender until name and address ascertained. 142. Act fo commence 1st November, 1856. 1258 Indian Act No. 14 of 1856. An Act for the Conservancy and Improvement of the Towns of Calcutta, Madras, and Bombay, and the several Stations of the Settlement of Prince of Wales' Island, Singapore, and Malacca.* [Passed 13th June, 1856.] Preamble. Whereas it is expedient to make better provision for the Conservancy and Improvement of tlie Towns of Calcutta, Madras, and Bombay, and the several Stations of the Settlement of Prince of Wales' Island, Singa- pore, and Malacca, and to invest the Municipal Commissioners for each of the said Towns and Stations with the powers hereinafter mentioned ;. It is enacted as follows : — Interpretation. " Local Government.' " The Muni- cipal Com- missioners." " The Com- missioners." " Town." ' Station." " Street." " In or near any Street." 2. The following words and expressions in this Act shall have the- meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction, (that is to say) — The expression " Local Governmentf " shall mean the person or persons for the time being immediately administering the Executive Government of that portion of the Territories in the possession and under the Govern- ment of the East India Company in which the Town ,or Station is- situated. The expressions " The Municipal Commissioners " and " The Commis- sioners " shall mean the persons, however designated, for the time being constituted by Law to administer the funds applicable to the purposes of conservancy and improvement in the Town or Station for which they are so constituted. ■ The word " Town " shall include all places within the local limits of the jurisdiction of Her Majesty's Supreme Courts of Judicature at Calcutta,. Madras, and Bombay. The word " Stationf " shall mean any one of the Stations of Prince of Wales' Island, Singapore, and Malacca, and the dependencies thereof. The word " Street " shall mean any road, street, square, court, alley, or passage, whether a thoroughfare or not, over which the public have a right of way, a-nd also the roadway over any public bridge or causeway, within such parts of the said Towns and Stations as shall be from time to- time specially defined by the Commissioners with the sanction of the Local Government ; and the expression " in or near any street " shall designate any place within such defined parts of the said Towns and Stations. Pro- vided that it shall be lawful for the Commissioners, with the sanction of the Local Government, iii defining such parts of the Station, to declare that the limits so defined, or any particular portions thereof, shall be exempt from any of the provisions of this Act ; and the Commissioners may, from time to time, with the sanction of the Local Government^ declare that any particular places in the Station shall he subject to or exempt from the operation of any of the provisions of this Act.'l * By section 2 of the Conservancy Ordinance, 1879, that Ordinance (Ordinance II. of 1879) is to he taken with and read as part of this .Act, and is accordingly in this- edition incorporated therewith, being printed in italics. The Steam Boilers Ordinance, 1876 (Ordinance X. of 1876), is to be taken with and read as part of this Act. See section 1 1 of that Ordinance. Keferenccs to this Act may be found in the following Ordinances : — Ordinances VIII> of 1868, B. 19; X. of 1869, s. 2; XIII. of 1872, s. 24; IX. of 1877, sees. 12 and 20; III. of 1879, s. 1 ; XII. of 1883, s. 2 IT. t By the Conservancy Ordinance, 1879 (Ordinance IT. of 1879), s. 1, the expression " Local Government " shall mean the Governor of the Colony ; and the word " Station " shall mean any one of the three Settlements of Singapore, Penang, or Malacca with their respective dependencies. J Por Municipal Notices declaring certain parts of Prince of Wales' Island subject to the provisions of this Act see Government Gazette of November 7, 1884, page 1408, and of June 26, 1885, pp. 1081-4. Indian Act No. 14 of 1856. 1259 Tlie word " Road " shall mean any road, or thoroughfare, over which " Road." the public have a right of way, or any roadway over any public bridge or causeway, not being within the parts so specially defined. The word " Land " shall include messuages, buildings, tenements, and "Laud." hereditaments of any tenure. Words importing the singular number shall include the plural number. Number, and words importing the plural number shall iaclude the singular number. Words importing the masculine gender shall include females. Gender. The word " person " shall include a corporation. " Person." The word " month " shall mean calendar month. " Mouth." The word " oath " shall include any affirmation or declaration lawfully " Oath." substituted for an oath. The word " Magistrate " shall mean any Magistrate of Police acting for " Magistrate." the Town or Station where the matter requiring the cognizance of a Magis- trate arises. The word "Owner" shall mean the person for the time being receiving "Owner." the rent of the land or premises in connexion with 'which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such land or premises were let to a tenant. Provided that no person receiving the rent of land or premises as agent for another person shall be liable to do any thing by this Act required to be done by the owner of such land or premises, unless he have sufficient funds of the owner to pay for the same ; nor shall he be subject to any penalty for omitting to do such act, if he can prove that the default was occasioned by reason of his not having funds of the owner sufficient to defray the expense of doing the act required. 3. The Municipal Commissioners may from time to time appoint all such CommiB- officers as they shall think necessary and proper to assist in the execution sioners to ap- of this Act; and may from time to time remove any of such officers and P°™t Oncers, appoint others in their place ; and may, out of the funds applicable to the purposes of this Act, with the sanction of the Local Government, pay such salaries to the said officers respectively as the Commissioners shall think reasonable. Provided that no person shall be appointed to, or removed from any office, the monthly salary of which exceeds two hundred Eupees, without the sanction of the Local Government. 4. All property, moveable and immoveable, purchased or otherwise Property acquired before the passing of this Act by the Commissioners or other vested in persons, however designated, heretofore lawfully administering the funds Commis- applicable to the Conservancy and Improvement of the said Towns and ^"'°^'^^- Stations respectively, and now vested in them or in any persons in trust for them for any such purposes, shall, after the passing of this Act, be vested in the Municipal Commissioners for the said Towns and Stations respec- tively as trustees for the purposes of this Act. 5. All public streets and roads (not being the property of the East India Streets and Company and kept under the control of the Local Government,) existing at jn^tife^om- the time of the passing of this Act, or which shall afterwards be made, and missjoners." the pavements, stones, and other materials thereof, and also all erections, materials, implements, and other things provided for such streets and roads, shall be vested in and belong to the Commissioners. 6. The Commissioners, with the consent of the Local Government, may Power to lay out and make new streets and roads, and may build and construct ™f'^^ ^^^ ^"'■ bridges and tunnels ; and may turn, divert, discontinue, or stop up, any andToadT ^ public street or road, and may execute works of a reproductive nature, or of such general advantage to the health, convenience, or comfort of the 1260 Indian Act No. 14 of 1856. inliahitants as to the Commissioners, with the approval of the Local Govern- ment,may he considered desirable ; and may widen, open, enlarge, or otherwise improve any such street or road ; making due compensation to the owners and occupiers of any land, houses, or buildings which may be required for any such purposes. 7. In laying out new streets, in addition to the. land required for the carriage-ways and footways thereof, the Commissioners, with the consent of the Local G-overnment, may purchase also the land necessary for the houses and buildings to form the said street, and may sell and dispose of the same with such stipulations and conditions as to the class and description of houses or building.s to be erected thereon as they shall think fit. Provided, that, if any land be taken under the provisions of this Act, compensation shall be made to the owners for any damage which may be done thereby to any adjoining land or buildings of such owner. 8. The Commissioners may agree with the owners of any land for the absolute purchase thereof for the purpose of laying out and making new streets and roads, or of widening, enlarging, or otherwise improving any of the public streets or roads. 9. The Commissioners shall, so far as the funds at their disposal will admit, from time to time catise the public streets and roads to be maintained and, repaired ; and from time to time may cause the same to be paved, metalled, flagged, channelled, sewered, or otherwise improved, and the surface thereof to be raised, lowered, or altered, as they may think fit ; and may also make and keep in repair any footways for the use of passengers in any such street or road, and also from time to time place on the sides of such footways or otherwise such fences and posts as may be needed for the protection of foot passengers. 10. The Commissioners shall cause the streets, including the footways thereof, from time to time to be properly swept and cleansed; and the , dust, dirt, ashes, rubbish, and filth of "every sort found thereon, to be collected and removed. 11. The Cpmmissioners may cause any number of moveable or fixed dust-boxes or other convenient receptacles, wherein dust, dirt, ashes, and rubbish may be temporarily deposited, until removed and carried away, to be provided and placed in proper atid convenient situations, and may require the occupiers of houses in streets to cause all such matter as aforesaid to be deposited daily or otherwise periodically in the said re- ceptacles ; and every person who, after such receptacles have been provided, and after such requisition as above mentioned, shall deposit, or Ciiuse or permit to be deposited, any such matter in any street, except in such receptacles, shall be liable to a penalty not exceeding ten Rupees. 12. Whoever deposits, or permits his servants to deposit, any dust, dirt, dung, ashes, garden, kitchen, or stable refuse, or filth of any kind, or any animal matter, or any broken glass or earthenware or other rubbish, in any street, or on any public quay, jetty, ghaut, or landing- place, or on any part of a river-bank, or of the sea-shore, whether above or below high-water mark, except in such places and in such manner, and at such hours as shall be fixed by the Commissioners, shall be liable to a penalty not exceeding ten Eupees.* Allowiug 13. Whoever causes or allows the water of any sink or sewer, or any sewerage to ^ other offensive liquid matter belonging to him or being on his land, to run, 01T (lu s ree.s. jj.^jjj^ ^j. jjg thrown or put upon any street, or causes or allows any * For bye-law for Penang relating to carts carrying stones or bricks see Govern- ment Gazette of July 24, 1885, p. 1194. Power to take land adjoining new streets for building purposes. Compensation for damage to adjoining land. Power to agree for purchase of land for improving streets or roads. Maintenance and repair of streets and roads. Footways. Cleansing streets. Dust-boxes in streets. Depositing dirt on streets, &c. Indian Act No. 14 of 1856. 1261 offensive matter from any sewer or privy to rum, drain, or be thrown iato a surface drain in any street, shall be liable to a penalty, not exceeding ten Rupees. 14. The Commissioners from time to time may fix the hours within Removal of which only it shall be lawful to remove any night-soil or other such offen- "'gtt-soil. sive matter; and when the Commissioners have fixed such hours ancl given public notice thereof, whoever removes or causes to be removed along any street or road any such offensive matter at any time, except within the hours so fixed, and also whoever, at any time, whether such hours have been fixed by the Commissioners or not, uses for any such purpose any cart, carriage, or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such offensive matter in the removal thereof, or who does not carefully sweep and clean every place in which any such offensive matter has been slopped or spilled, or who places or sets down in any public place any vessel containing such offensive matter, or who drives or taites or causes to be driven or taken any cart, carriage, receptacle, or vessel used for any such purpose as aforesaid, through any street or road or by any route other than such as shall from time to time be appointed for that purpose by the Commissioners by public notice, shall be liable to a penalty not exceeding twenty Rupees. 15. The Commissioners from time to time shall provide places eon- Places of venient for the deposit of the night-soil, dung, and other filth, and the J^l"*^* *°'" dust, dirt, ashes, and rubbish, collected and removed under the authority of this Act ; and for keeping all cattle, carts, implements, and other things required for the above or any of the purposes of this Act, and for any of such purposes, the Commissioners may purchase or take on lease any land or buildings by them considered necessary, or may cause any new building to be made upon any land to be purchased or hired by them. 16. All dirt, dust, ashes, rubbish, sewerage, soil, dung, and tilth. All rubbish, , collected from the streets, houses, privies, sewers, and cesspools, shall be &o-t collected the property of the Commissioners, who shall have power to sell or dispose p°grty o/the°' of the same as they may think proper, and the money arising from the sale Commis- thereof shall be applied to the purposes of this Act. sioners. 17. The Commissioners, so fur as the funds at their disposal will admit, Watering and so far as they may deem requisite for the publii; convenience, shall streets. cause the public streets and roads to be watered ; and for that purpose may provide such works and engines as they may think necessary. 18. The Commissioners, so far as the funds at their disposal will admit. Lighting shall provide lamps, lamp-posts, and such other means as they may deem streets, necessary for lighting such of the public streets and roads as they shall consider to require lighting; and shall cause the said lamps to be kept in fit order, and shall employ a sufficient number of persons to cleanse, pre- pare and light the same ; and shall also from time to time increase or otherwise alter the number and situation of the said lamps, as to them shall appear necessary. 19 Whoever builds any wall, or erects or sets up any fence, rail, post, Tutnre ob- or other obstruction or encroachment, in any public street or road, or in or structiims in over any open drain, sewer, or aqueduct along the side of any such street streets or roads. or road or shall in any other manner cover over or obstruct such drain, sewer 'or aqueduct, after the passing of this Act, shall be liable to a nenalty not exceeding one hundred Rupees ; and the Commissioners shall Power to have power to remove any such obstruction or encroachment ; and the remove, expense of such removal shall be paid by the person erecting the same, and Temporary shall be recoverable as hereinafter provided. Nothing herein contained obstructions siball nrevent the Commissioners, with the concurrence of the Commissioner on occasions of ° " ' - festivals, &o. 1262 Indian Act No. 14 of 1866. Taking up pavements. Private persons laying out new streets. Proviso. Erection of new huts to be under the con- trol of the Commis- sioners. Power of Commissioners as to existing huts. of Police, from allowing any temporary erections in any public street or road on occasions of festivals and ceremonies. 20. Whoever displaces, takes up, or makes any alteration in the pave- ment, flags, or other materials, or in the fences or posts of any public street, without the consent in writing of the Commissioners, or without other lawful autliority, shall be liable to a penalty not exceeding fifty Rupees. 21. Every person who intends to make or lay out any new street, shall give notice in writing thereof to the Commissioners, accompanied by a plan and duplicate showing the intended level and width and proposed means of drainitiff of snch street ; and the level and width of every such street shall be fixed or approved by the Commissioners ; and whoever lays out, makes, or builds upon any such street, otherwise than in accordance with the level and width so fixed or approved, shall be liable to a penalty not exceeding five hundred Rupees ; and the Commissioners may, if they think fit, cause any such street, laid out or made at a level or width other- wise than in accordance with the level or width so fixed or approved as aforesaid, to be altered; or may cause any building erected in any such street otherwise than in accordance with such level and width, to be altered, or if necessary removed, and the expenses thereby incurred shall be paid to them by the offender and be recoverable as hereinafter provided. If no such level or width be fixed, and no approval or disapproval of the level or width proposed be signified by the Commissioners within one month, the intended street may be laid out and made upon the level and of the width specified in the notice. 22. It shall not be lawful for any person to erect in or near any street any hut or any range or block of huts on any plot or parcel of groun4 not previously built upon, or on which no huts are standing, without previous notice to the Commissioners ; and the Commissioners may require such hut or huts to be built so that they may stand in regular lines with a free passage or way in front of each line, of such width as the Commissioners may think proper for salutary ventilation, and to facilitate scavengering, and at such a level as will admit of sufficient drainage. And if any such hut or huts be built without giving such notice to the Commissioners, or otherwise than as required by the Commissioners, the Commissioners may give notice to the builder or builders thereof to take down and remove the same within one month, and if such hut or huts be not taken down or removed according to such notice, the Commissioners may cause the same to be taken down and removed, and the expense incurred in doing so shall be paid by the said builder oi' builders, and shall be recoverable as herein- after provided. 23. Whenever the Commissioners, by report of competent persons, are satisfied that any existing block of huts, in or near any street, is, by reason of the manner in which the hufs are huddled together, or of the want of drainage and the impracticability of scavengering, attended with risk of disease to the inhabitants of the neighbourhood, they may, with the consent of the Local Government, cause a notice to be aifixed to some conspicuous part of such block of huts, requiring the owners -or occupiers thereof, within such reasonable time as may be fixed by the Commissioners for that purpose, to execute such operations as the Commissioners may deem neces- sary for the avoidance of such risk. And in case such owners or occupiers shall refuse or neglect to execute such operations within the time appointed, the Commissioners may cause the said huts to be taken down, or such operations to be performed in respect of such huts, as the Commissioners may deem necessary to prevent such risk. If such hiits be pulled down, the Commissioners shall cause the materials of each hut to be sold sepa- rately, if such sale can be effected ; and the proceeds shall be paid to the Indian Act No. 14 of 1856. 1-263 owner of the hut, or if the owner be unknown, or the title disputed, shall be held in deposit by the Commisaiouers until the person interested therein shall obtain the order of a competent Court for the payment of the same. The Courts of Small Causes for Calcutta, Madras, and Bombay, shall irespectively be deemed competent Courts* for that purpose. 24. If any street (not being a public street), or any part thereof, be not ^^f^^S' *•'•' °* levelled, paved, metalled, flagged, channelled, and sewered to the satisfac- P"^* ^ ^^^ tion of the Commissioners, they may, by notice in writing to the respective owners or occupiers of the premises fronting, adjoining, or abutting upon, such parts thereof as may need to be levelled, paved, metalled, flagged, chan- nelled, and sewered, require them to level, metal, pave, flag, channel, and sewer the same within a time to be specified in such notice, and upon non- compliance, the Commissioners may, if they think fit, execute the works mentioned or referred to therein ; and the expenses incurred by them in so doing shall be paid by the owners in default according to the frontage of their respective premises, and in such proportion as shall be settled by the Commissioners, or, in case of dispute, as shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses ; and such expense shall be recoverable as hereinafter provided, provided always, that, after such street shall have been so levelled, paved. Proviso, metalled, flagged, channelled, and sewered, on the requisition of the Com- missioners, or by the Commissioners as aforesaid, at the expense of the owners, such owners shall have a right to require that the street shall be •declared a public street, to be from time to time repaired by the Com- missioners out of the funds at their disposal for the purposes of this Act. 25. If any street (not being a public street) be levelled, paved, metalled, ^^^^^ ^^mT ^flagged, channelled, and sewered to the satisfaction of the Commissioners, pu^jg gn^ they mdty, if they think fit, by notice in writing put up in any part of such repaired by the street, declare the same to be a public street, and thereupon the same shall Commis- become a public street and be from time to time repaired by them out of sioners. the funds at their disposal. Provided that no street shall become a public Proviso, street as last aforesaid if, within one month after such notice in writing, the owner of such street, or any one of the owners, shall, by notice in writing to the Commissioners, object thereto. 26. The Commissioners may, upon sucli terms as they think fit, allow Houses may any house or building to be set forward for improving the line of any public ^ ^^^ forward street in which such house or building is tituated. iSe'ofsfteSf. 27. When any house or building, any part of which projects beyond the Houses project- regular line of a public street, or beyond the front of the house or building ™g teyond liue on either side thereof, has been taken down in order to be re-built or altered, "^^^''^^f ^'^t" the Commissioners may require the same to bo set back to or towards the ^^ ™ ^^ ° line of the street or the line of the adjoining houses or buildings. Pro- . vided always, that the Commissioners shall make full compensation to the '^°^^^°- ■owner of any such house or building for any damage he may thereby sustain ; and if any dispute shall arise touching the amount of such com- pensation, the same shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses. 28. The Commissioners may, from time to time, cause to be put up or Names of painted on a conspicuous part of some house, building, wall, or place at or streets. near each end, corner, or entrance of every street, the name by which such * The Courts of Requests at the several Settlements to be deemed to be competent Courts under this section by the Conservancy Ordinance, 1879 (Ordinance II. of 1879), «. 7. 1264 Indian Act No, 14 of 1856. Numbers pn houses. Doors not to open outwards. Exception, Doors opened outwards to be altered. Troughs and pipes to be fixed to houses. Future pro- jections from houses to be removed. Proviso. Street is to be known ; and whoever destroys, pulls down, or defaces any such name, or puts up any name different from that put up by order of the Commissioners, shall be liable to a penalty not exceeding twenty Rupees. 29. The Commissioners may, from time to time, fix a number in a con- spicuous place on the outer side of any house or building, or at the entrance of the enclosure thereof fronting the street; and whoever destroys, pulls down, or defaces any such number, shall be liable to a penalty not exceed- ing twenty Rupees, and any expense to he incurred in re-placing or re-fixing any such numbers when destroyed, pulled down or defaced, shall be borne and paid by the owner or occupier of the premises, and shall be recoverable as hereinafter provided. 30. All doors, gates, bars, and ground-floor windows put up after the passing of this Act, which open upon any public street, shall be hung or placed so as not to open outwards, except when the same are hung or placed in such manner as, in the judgment of the Commissioners, to cause no obstruction in any such street ; and if (except as aforesaid) any such door, gate, bar, or window be hung or placed so as to open outwards on any such street, the owner of the premises to which the same is attached shall, within eight days after notice from the Commissioners to that effect, cause the same to be altered so as not to open outwards, and in case he neglects so to do, the Commissioners may make such alteration, and the expense thereof shall be paid by such owners and shall be recoverable as hereinafter provided. 31. If any door, gate, bar, or ground-floor window put up before the passing of this Act is hung or placed so as to open outwards upon any public strteet, the Commissioners may alter the same, so that no part thereof, when open, shall project over any such street so as to cause an obstruction. 32. The owner of every house or building in any public street shall, within eight days after notice from the Commissioners to that effect, put up and keep in good condition proper troughs and pipes for catching and carrying the water from'the roof and other part of such house or building, and for discharging the same in such manner that it shall not fall upon the persons passing along the street ; and in default of compliance with such notice within the period aforesaid, such owner shall be liable to a penalty not exceeding ten Rupees for every day that he shall so make default. 33. The Commissioners may give notice in writing to the owner or occupier of any house or building to remove or alter any projection, en- croachment, or obstruction, which, after the passing of this Act, shall be erected or placed against or in front of such house or building, if the same overhangs, or juts into, or in any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public street, or obstructs or projects or encroaches into or upon any uncovered aqueduct, drain, or sewer in such street; and such owner or occupier shall, within fourteen days after the service of such notice upon him, remove such pro- jection, encroachment, or obstruction, or alter the same in such manner as shall have been directed by the Commissioners ; and in default thereof shall be liable to a penalty not exceeding two hundred Rupees ; and the Com- missioners in such case may remove such projection, encroachment, or obstruction ; and the expense of such removal shall be paid by the owner or occupier so making default, and shall be recoverable as hereinafter provided. Provided that, when the expense shall have been paid by the occupier, except in the case in which such projections, encroachments, or obstructions were made or put up by him, such occupier shall be entitled to deduct the expense of removing or altering the same from the rent pay- Indian Act No. 14 of 1856. 1265 able by him to the owner of the house or building. Provided always, that Sun-shades, the roofs or eaves of houses or buildings, sun-shades, weather-frames, and the like, at a height not less than twelve feet above the surface of any ■Street, may be projected to the extent of three feet over the same, provided that sufficient shoots or conduits be placed for preventing the rain from falling in the street and so that the shoots or conduits shall not obstruct ■the thoroughfare. 34. The Commissioners may cause any such projection, encroachment, Eeniovalof or obstruction, erected or placed against or in front of any house or build- f^'stingpro- mg, m any public street, before the passing of this Act, to be removed or houses. altered as they think fit ; provided that they give notice of such intended „ ,. ,. removal or alteration to the occupier of the house or building against or in removal, front of which such projection, encroachment, or obstruction shall be, thirty days before such alteration or removal is begun ; and if such pro- Compensation jection, encroachment, or obstruction shall have been lawfully made, they when to be shall make reasonable compensation to every person who suffers damage by made, such removal or alteration ; and if any dispute shall arise touching the amount of such compensation, the same shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses. 35. The Commissioners may give permission in writing to the owners Commissioners or occupiers of houses or buildings in public streets, the width of which is ™^y allow not less than twenty-five feet, to put up verandahs, balconies, sun-shades, ?^'^*?'™ V^- weather-frames, and the like, to project from any upper-story thereof over Jiou^J^gf °™ the street, to an. extent not exceeding four feet from the foundation, and, for special reasons, to allow such projections to be extended to five feet. 36. Whoever being the owner of any home, hut, shed, or other building in External cr near any street having the external roof or walls made of grass, leaves, ''°°f" "'"^ ""j'^* mats or other such inflammable materials, at the time of the passing of "^ hTma^'of this Ordinance,* shall not remove the same ivithin one month after notice inflammable in writing shall have been given him so to do, shall be liable, to a penalty materials- not exceeding ten dollars for every day that such roof or wall shall ■continue. And whoever makes, renews, or repairs any house, hut, shed, or Mher building in or near any street with such inflammable materials or causes any house, hut, shed, or other building in or near any street to be made, removed or repaired with such inflammable materials after the passing of this Ordinance,* shall be liable to a penalty not exceeding fifty dollars, and to a further penalty not exceeding ten dollars for every •day he suffers or allows the same to remain after conviction. 37. If, in any Station, any house, building, or wall, or any thing affixed Houses in a .thereon, be deemed by the Commissioners to be in a ruinous state or likely rumous and to fall, or in any way dangerous to the inhabitants of such house or building, ^4^^°^®''°"^ or to the neighbouring houses or buildings, or the occupiers thereof, or to passengers, they shall immediately, if it appears to them to be necessary, cause a proper hoard or fence to be put up for the protection of passengers ; and shall cause notice in writing to be given to the owner, if he be known and resident within the limits of their jurisdiction, and shall also cause such notice to be put on the door or other conspicuous part of the said premises ■or otherwise to be given to the occupier thereof (if any) requiring such owner or occupier forthwith to take down, secure, or repair such house, building, wall, or thing affixed thereon, as the case shall require ; and if •such ov/ner or occupier do not begin to repair, take down, ,or secure the same within three days after •such notice, and complete such work with due * The Conservancy Ordinance, 1879 (Ordinance II. of 1879), by which this section was substituted for the original section of the Act. It was passed ou the 25th February, i879. 4l 1266 Indian Act No. 14 of 1856. Sale of materials of ruinous houses. Power to close and secure abandoned and untenanted houses. Penalty on occupier of a house not removing filth. Filthy houses, &c. Commissioners may require houses to be cleaned. Fewer to trim hedges and trees hordering roads. diligence, the Commissioners shall cause all or so much of such houses building, wall, or thing as they shall think necessary, to be taken down, repaired, or otherwise secured ; and all the expenses incurred by the- Commissioners shall be paid by the owner of the premises and shall be- recoverable from him as hereinafter provided. 38. If any such house, building, or wall, or any part of the same, be pulled down by virtue of the powers aforesaid, the Commissioners may sell the materials thereof or of so much of the same as shall be taken down,, and apply the proceeds of such sale in payment of the expenses incurred, and shall restore any overplus arising from such sale to the owner of such house, building, or wall on demand. The Commissioners, although they sell such materials for the purposes aforesaid, shall have the same remedies- for compelling the payment of so much of the said expenses as may remain due after the application of the proceeds of such sale, as by this Act are given to them for compelling the payment of the whole of the said expenses. 39. If any house or building by reason of abandonment or of disputed ownership, or other cause, shall remain untenanted, and thereby become liable to be a receptacle for thieves and vagabonds, and be complained of by the neighbours or by the Chief Police Officer the Municipal Commis- sioners shall cause notice in writing to be put on the door or other convenient part of such house or building- requiring those concerned therein, whoever they may be, to close or secure the said house or building ifi such way that strangers may nbt have access thereto. And if such notice shall not be complied with within one week the Commissioners shall cause the necessary work to be executed, and all expenses thereby incurred shall be paid by the owner of the said premises, or by those concerned therein, and shall be recoverable as hereinafter provided. 40. Whoever, being the occupier of a house in or near any street, keeps- or allows to be kept for more than twenty-four hours or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth, or any noxious or offensive matter, in or upon the roof of such house, or in any out-house, yard, or ground attached to and occupied with such house, or suffers such receptacle to be in a filthy or noxious state, or neglects to- employ proper means to remove the filth therefrom and to cleanse and purify the same, shall be liable to a penalty not exceeding fifty Rupees. 41. Whoever, being the owner or occupier of any house, building or land, in or near any street, whether tenautable or otherwise, suffers the same' to be in a filthy and unwholesome state, or overgrown with rank and noisome vegetation, shall be liable to a penalty not exceeding fifty Rupees,^ and to a penalty not exceeding five Rupees for every day setter conviction for such offence during which the offence is continued. 41a. The Commissioners may, if they think Jit at any time, give notice to the occupier of any house or other building in or near any street to thoroughly cleanse the house or building of which he is the occupier, and to whitewash the whole of the walls thereof within and without; and in the event of such notice not being complied with within eight days from the service thereof, the said occupier shall be liable to a penalty not exceeding twenty dollars, and to a further penalty not exceeding five dollars for every day after conviction until the notice be complied with. 42. The Commissioners may give notice to the owner or occupier of any land to trim or prune the hedges thereof bordering any public road or street, so that they may not exceed the height of seven feet from the level of the road ; and to out and trim all trees overhanging any public road or street, so as to obstruct the passage or to cause damage thereto ; and in the event of such notice not being complied with within eight days from the Indian Act No. 14 of 1856. 1267 date thereof, the Commissioners may cause the said hedges and trees to be cut and trimmed in the manner required ; and the expense incurred by the Commissioners in respect thereof shall be paid to them by the owners and shall be recoverable as hereinafter provided. No cocoanut trees shall Cocoanut he planted within twelve feet of any public street or road, and any cocoanut '"** ""' *■" ** trees, so planted after the passing of this Ordinance* may be cut down or ^nnyroc^^'^c dug out by order of the Commissioners. ' 43. Whoever keeps any pig-stye to the front of any street, not being Keeping shut out therefrom, by a sufficient wall or fence, or who shall keep any swine, swine, ^c, in sheep, goats, or cattle in or near any street without a written license\ from ^ ««<"■ «»J the Commissioners, or in excess of the number stated in the license, shall be *'''^^'- liable to a penalty not exceeding twenty-five dollars. And the Commis- sioners are hereby empowered to grant or refuse such license, at their discretion. And whoever, after having obtained such license suffers the premises in which such animals are kept to be in a filthy state, shall be liable to a penalty not exceeding twenty-Jive dollars, and the license may be cancelled by the Magistrate before whom the person is convicted. 44. All public sewers and drains, and all sewers, drains, tunnels, and Sfewere, drains, culverts, in, alongside, and under the streets and roads existing at the time *"'•> vested in of the passing of this Act, or afterwards made, and whether made at the . Commis- cost of the Commissioners or otherwise, and all works, materials, and things appertiiining thereto, shall be vested in and belong to the Commissioners. 45. The Commissioners, so far as the funds at their disposal will admit, CommisBioners shall from time to time cause to be made such main and other sewers as *<> ™ake public they may judge necessary for the effectual draining of the Town or Station sewers. under their authority ; and, if needful, they may carry such sewers through, across, or under any street, or any place laid out as or intended for a street, . or any cellar or vault which may be under any of the streets, and (after reasonable notice in writing in that behalf) into, through, or under any inclosed or other lands whatsoever, doing as little damage as may be, and making fall compensation for any damage done ; and if any dispute shall arise touching the amount or apportionment of such compensation, the same shall be settled in the manner hereinafter provided for the settlement, of disputes respecting damages and expenses. 46. The Commissioners shall maintain, and from time to time repair. Commissioners and as they see fit enlarge, alter, arch-over, or otherwise improve all or *" repair and any of the sewers and drains vested in them by this Act; and may a^l'er and disr- discontinue, close up, or destroy such of them as they may deem useless or ggwers. unnecessary. Provided always, that the discontinuance, closing up, or p destruction of any sewer or drain shall be so done as not to create a nuisance ; and if, by reason thereof, or of any such alteration as herein- before mentioned, any person is deprived of the lawful use of any sewer or drain, the Commissioners shall, with due diligence, provide some other sewer or drain as efiectual for his use as the one of which he is so deprived. 47. The Commissioners, so far as the funds at their disposal will admit, Cleansing- aaff shall cause the sewers and drains belonging to them to be so constructed, e™pty™g maintained, and kept, as not to be a nuisance or injurious to health, and to ^*^^"' be properly cleared, cleansed, and emptied; and for the purpose of flushing, cleansing, and emptying the same, they may construct and place, either above or under-ground, such reservoirs, sluices, engines, and other works as may be necessary ; and they may also with the consent of the * The Conservancy Ordinance, 1879 (Ordinance II. of 1879), by which the words in italics were added to the original Act. It was passed on the 25th February, 1879. f For the amount of fee payable on such license see Government Gazette of January 30, 1885, p. 119. 4l 2 1268 Indian Act No. 14 of 1856. Bed of stream receiving sewerage to be cleared. Penalty for making unau- thorized drains into public sewers. Building over sewers, &c., not to be erected without consent of Commis- sioners. Commissioners empowered to make drains from houses in or near street, which are not properly drained. Level of houses hereafter built in or near streets. Rules for building brick and stone houses. Walls, thick- ness of. Local Government cause all or any of such sewers and drains to commu- nicate with and be emptied into the sea or any public river (as the case may admit) or other fit place ; or they may cause the refuse from such sewers and drains to be conveyed by a proper channel to the most con- venient site for its deposit, and may sell the same for any agricultural or other purposes as may be deemed most expedient, but so that the same shall not become a nuispnce. 48. When the contents of any sewer or drain or any other flow or filth or refuse are discharged into any river or stream, in the bed or channel of •which the quiantity of water at any season of the year is so much diminished by natural or artificial causes as to be insufficient to keep such channel clean or clear, the Commissioners shall, with the consent of the Local Government, so far as the funds at their disposal will admit, make such alteration in the bed of such river or stream as may prevent such sewer and drain-water from spreading over the surface of such bed, or from accumulating and stagnating in parts thereof to the injury of health or the annoyance of the surrounding population. 49. Whoever, without the written consent of the Commissioners first obtained, makes or causes to be made any drain into any of the sewers or drains vested in them by this Act, shall be liable to a penalty not exceeding one hundred Rupees ; and the Commissioners may cause such branch- drain to be demolished, altered, re-made, or otherwise dealt with as they think fit ; and all the expense incurred thereby shall be paid by the person making such branch-drain, and shall be recoverable as hereinafter provided. 50. No building shall be newly erected over any sewer or drain vested in the Commissioners by this Act, without their written consent; and if any building be so erected, the Commissioners may cause Ihe same to be pulled down, or otherwise dealt with as they may think fit ; and the expenses thereby incurred shall be paid by the person oflfending and be recoverable as hereinafter provided. 51. If any house or building, in or near any street, be at any time not drained to the satisfaction of the Commissioners by a sufficient drain or pipe communicating with some sewer, or with the sea, or some public river or other place at which the Commissioners are empowered to empty their sewers, and if there be such means of drainage within one hundred feet of any part of such house or building, the Commissioners may construct or Iny from such house or building a covered drain or pipe of such materials, of such size, at such level, and with such fall, as they think necessary for the draining of such house or building ; and the expenses incurred by the Commissioners in respect thereof, if not forthwith paid by the owner, shall be recoverable as hereinafter directed. Provided that the cost of executing such work shall not, without the consent of the owner, exceed the amount of three months' rent of the house or building. 52. No house or building shall be hereafter built in or. near any street upon a lower level than will allow of the drainage of such house or building being led into some public sewer either then existing or projected by the Commissioners, or into the sea, or some public river or other place into which the Commissioners are empowered to empty their sewers. 52a. The walls of all houses or other buildings erected in or near any street ajter the passing of this Ordinance,* which shall be contiguous to or adjacent to any other building if built of brick or stone shall be constructed in accordance with the following rules : — Rule I. — The walls of all houses shall be solidly built of bricks or stones throughout well bonded together with freshly made mortar, and shall be of * See footnote to sectio'n 52c. Indian Act No, 14 of 1856. 1269 tJie thickness of not less than nine inches at the upper story, thirteen and a half inches at the story immediately below the upper story, and eighteen inches at the story {if any) immediately below the said two stories. Rule II. — The foundations of the wall of a home shall be of such depth Foundations. below the surface ' of the nearest road as the Commissioners shall direct and the lowest course of every such foundation shall be of not less than twice the thickness of the wall at the said lowest story ; and the thickness of the upper course of such foundation shall diminish gradually towards the upper surface thereof. Rule III. — The floors of any one house shall not approach nearer than Space between nine inches length towards the floors of any other house separated by afl^°^^. of neigh party wall from the house first-mentioned : And the space intervening '"^""9 houses between the said two floors shall be properly and substantially built up with bricks or stones, as the case may be. Rule IV. — In the case of two or more houses separated from each other, External ends or others, by one or more party walls, the external ends of the floors of the of floors, ^c. first and last of the said houses shall be carried to and terminate at the space of not less than nine inches from the outside of the external walls of the said first and last houses respectively. Rule V. — The floors and roofs of houses or verandahs shall in all cases Abutments of abut upon and rest against at least nine inches of solid brick or stone work, floors and roofs, as the case may be. Any person infringing any of the rules or provisions of this section shall Penalty, be liable on conviction to a penalty not exceeding one hundred dollars. And any erection made, or work executed contrary to such rules or provisions, may be brolien down by the Commissioners, and all expenses incurred thereby shall be borne by the owner of the premises and shall be recoverable as hereinafter provided. 52 b. Houses or other buildings constructed of stone and plank, or of Houses of stone brick and plank combined, or of posts and planks, shall not be subject to '"'. •? ""^ the foregoing building rules but it shall not be lawful to erect houses or posts and buildings of such materials in or near any street without first obtaining plank. a written permission so to do, and the Commissioners may grant or refuse such permission at their discretion. Whoever shall commence to erect any "Written house or building of the above materials without the written permission of permission, the Commissioners, shall be liable to a penalty not exceeding one hundred Penalty, dollars, and the Commissioners may cause such house or building to be taken down, and the costs and expenses of such taking doion shall be borne and paid by the owner of such house, and shall be recoverable as herein- after provided. 52c. It shall not be lawful for any person to make any alteration in Alteration in the frontage of any house or building, existing in or near any street at the //''"■^"^^ of passing of this Ordinance* without permission in writing from the Com- p^^j-jjj-o„ missioners who may grant it or not at their discretion. Whoever makes any alteration as aforesaid without written permission shall be liable on Penalty, conviction before a Magistrate to pay a fine not exceeding one hundred dollars. And the Commissioners may cause the frontage of any house or building altered contrary to the provisions of this section to be taken down, and the costs and expenses of such taking down shall be borne and paid by the owner of the premises, and shall be recoverable as hereinafter provided. * The Conservancy Ordinance, 1879 (Ordinance II. of 1879), by which the sections in italics -were added to the original Act. It was passed on the 25th February, 187&. 1270 Indian Act No. 14 of 1856. Houses here- after tuilt in or near streets to have drains constructed under the orders of the Commis- sioners. Notice of new buildings in or near streets -to Tie given to ■Commis- •Commissioners to signify disap- proval irithin 1 4 days. ■Houses huilt -without notice, or contrary to provisions of this Act, may be altered by Commis- sioners. If Commis- sioners fail to approve, &c., within fourteen days, parties may proceed -without. . Notice of in- tended works to he given. Penalty. ■Sewers in streets to be covered with traps, &o. 53. If any house or building, ne'wly erected or re-built in or near any street after the passing of this Act, have such means of drainage, as in the last preceding Section* mentioned, existing -within one hundred'feet thereof, the owner shall make a drain leading thereunto from the site of such house or building, of such materials, of such size, at such level, and with such fall as the Commissioners may direct ; and if he neglect to do so within a reasonable time, the Commissioners may cause the same to be done, and the expenses thereby incurred shall be paid by the owner, and shall be recoverable as hereinafter provided. 54. Before beginning, in or near any street, to build or re-build any house, the person intending to build or re-build such house shall give to the Commissioners notice thereof in writing, and shall accompany such notice with a plan showing the levels at which the foundation and lowest floor of such house are proposed to be laid, by reference to some level ascertiiined under the direction of the Commissioners, and also shewing sections and elevations of the front walls of the house, together with the dimensions of all beams, hressemers, posts, pillars and columns thereof. 55. Within fourteen days after receiving such notice, the Commis- sioners may signify their disapproval of the proposed levels, and sections and elevations, and fix other levels, and sections and elevations in lieu thereof. 56. If such building be begun or made without sending such notice and plan, or at any levels or in any manner different from those fixed by the Commissioners within the said fourteen days, or, in any other respect con- trary to the orders given by the Commissioners as to ventilation, or in any other respect contrary to the provisions of this A,ct, the Commissioners may, if necessary, cause such building to be altered or demolished, as the case may require ; and the expense thereby incurred shall be paid by the person failing to comply with the provisions aforesaid and shall be recoverable as hereinafter provided. 57. If the Commissioners fail to signify in writing their approval or disapproval of the levels, sections and elevations, shown on such plan as aforesaid, and to fix other levels, sections and elevations, within fourteen days after receiving such notice and plan as aforesaid, the person giving such notice may, notwithstanding anything hereinbefore contained, proceed to build or re-build the house therein referred to according to the levels, sections and elevations, shown on such plan, provided that such building or re-building be otherwise in accordance with the provisions of this Act. 57a. It shall not be lawful for any person to commence any such works, or {in the case of any such works, the progress whereof shall have been suspended) for a period exceeding three months to resume any such works, until four days' written notice of the intention to commence or resume the same shall have been given to the Commissioners at their office, by the person by or for whom such works are intended to be commenced, or resumed, and every such notice shall specify the material particulars of the said intended works. Any person commencing or resuming any works without having first given such notice as aforesaid to the Comtnissioners, or before the expiration of four days from the giving thereof , shall for every such default be liable to a penalty not exceeding fifty dollars. 58. All sewers and drains in streets, whether public or private, shall be provided by the Commissioners or other persons to whom they severally belong, with proper traps or other coverings or means of ventilation, so as to prevent stench. If the owner of any private sewer or drain shall, for ten days after notice given to him by the Commissioners, neglect or delay to ♦ That is, section 52, the last preceding section of the original Act. Jndian Act No. 14 of 1856. 1271 provide proper traps or coverings or means of ventilation as aforesaid, the ■Commissioners may forthwith provide and apply the same ; and the ex- pense incurred thereby shall be paid by the owner of such sewer or drain and shall be recoverable as hereinafter provided. 59. The Commissioners may erect or fix to any house or building such Power of pipes as they may deem necessary for the proper ventilation of the sewers Commissioners belonging to them, and such pipes shall be carried to a height of not less ^^^ ^g build- than six feet above the highest part of the house or building, and erected ings pipes for so as not to occasion any nuisance or inconvenience to any house or building ventilation of in the neighbourhood, sewers. 60. Whoever throws or puts, or permits his servants to throw or put, Throwing fl,ny earth, dirt, ashes, garden, kitchen, or stable refuse, or any broken glass rubbish into or earthenware, or other rubbish, or, until suitable sewers shall be provided, ^^^^^^s- any night-soil, into any sewer or drain belonging to the Commissioners, or into any drain communicating therewith, shall be liable to a penalty not exceeding fifty Rupees, 61. The Commissioners may, if they think lit, provide and maintain in Common proper and convenient situations, so as not to create a nuisance, common necessaries, necessaries and urinals, and shall cause the same to be kept in proper order and to be daily cleansed. 62. The Commissioners may license, for any period not exceeding one Licensing of year, such necessaries for pubUc accommodation as they, from time to time, P"Wic may think proper ; and whoever keeps any public necessary without such necessaries. license, or, having a license for a public necessary, suffers the same to be in a filthy or noxious state, or neglects to employ proper means for cleaning the same, shall be liable to a penalty not exceeding fifty Rupees ; and the license may be cancelled by the Magistrate before whom the person is convicted. 63. Every owner or occupier of a house shall have erected on his Owner to erect premises a privy ; and stick privy shall be shut out by a sufficient wall or P^'v;/, to be Jence /ram view of persons passing by or neighbours, and shall be con- . <'"'/'■'"" ■structed in stick manner and of such materials, as the Commissioners may direct ; and shall be so constructed as to give due facilities for cleansing. Any owner or occupier of a house wko builds or makes suck privy contrary ■to Ike provisions kereof, or shall not have erected on his premises a privy as required herein, shall be liable to a penalty not exceeding twenty jdollars. 64. All branch-drains, as well within as without the lands or buildings Branch-drams, to which they belong, and all privies and cess-pools in or near any street, b^under'con-'' shall be under the survey and control of the Commissioners, and shall be trolof Commis- altered, repaired, and kept in proper order at the costs and charges of the sioners, and to owners of the lands and buildings to which the same belong, or for the use be kept in good of which they are constructed or continued ; and if the owner of any land •""'ier by or buildings to which any such drain, privy, or cess-pool belongs, neglect °^°ers. during eight days after notice in writing for that purpose, to alter, repair, -If owners^ and put the same into good order in the manner required by the Commis- °^f„tnl'o!:l°^I„ «ioners, the Commissioners may cause such dram, privy, or cess-pool to be ^ause the same altered, repaired, and put in good order ; and the expense incurred by the to be done, and Commissioners in respect thereof shall be paid by the owner, and shall charge the 1)6 recoverable as hereinafter provided. owners with the expense. 65. If any such drain, privy, or cess-pool is constructed, after the pass- Penalty for ing of this Act, contrary to the directions and regulations of the Commis- persons making sioners, or contrary to the provisions of this Act ; or, if any person, or altering without the consent of the Commissioners, constructs, re-builds, or unstops, drains, &c., Any drain, privy,, or cess-pool which has been ordered by them to be eon^'^ary to the 1272 Indian Act No. 14 of 1856. orders of the Commis- sioners. Inspection of drains, privies, and cess -pools. Proviso. Service of notice on owners and occupiers of buildings and lands. Commis- sioners, in de- fault of owner or occupier, may execute works and recover ex- penses. Power to levy charges on occupier, who may deduct the same from his rent. flemolished or stopped up or not to be made,"every person so doing shall be- liable to a penalty not exceeding fifty Eupees ; and the Commissioners may cause such amendment or alteration to be made in any such drain, privy, or cess-pool as they think fit ; and the expense thereof shall be paid by the person by whom such drain, privy, or cess-pool was improperly constructed, re-built, or unstopped, and shall be recoverable from him as hereinafter provided. " 66. The Commissioners, or any officer appointed by them for the purpose, may inspect any such drain, privy, or cess-pool, and for that purpose, at all reasonable times in the day-time, after twenty-four hours'" notice in writing to the occupier of the premises to which such drain, privy, or cess-pool is attached, may enter upon any lands and buildings with such assistants and workmen a,s are necessary, and cause the ground to be opened where they or he may think fit, doing as little damage as may be ; and if, upon such inspection, it appears that the drain, privy, or cess- pool is not in good order and condition, or that it has been constructed after the passing of this Act contrary to the provisions thereof, the expenses of such inspection shall be paid by the person to whom such drain, privy, or cess-pool may belong ; but if the drain, privy, or cess-pool be found to be in proper order and condition and not to have been con- structed in violation of the provisions of this Act, the Commissioners or officer as aforesaid shall cause the ground to be closed and made good as soon as may be ; and the expenses of opening, closing, and making good such drwn, privy, or cess-pool shall, in that case, be defrayed by the Com- missioners. Provided always, that nothing hereinbefore contained shall- authorize an entry into the zenanas or private apartments appropriated to the females of Hindoo and Mussulman families for the purpose of such inspection, except by the agency of women. 67. Where any notice is required by this Act to be given to the owner or occupier of any building or land, such notice, addressed to the owner or occupier as the case may require, may be served on the occupier of such building or land, or left with some adult male member or servant of his family, or, if the notice cannot be so served, or if there be no occupier, may be put up on some conspicuous part of such building or land, and it shall not be necessary in any,such notice to name the occupier or the owner. Provided always that, when the owner and his residence are known to the Commissioners, it shall be their duty, if such owner be residing within the Town or Station under their authority, to cause every notice, required to be given to the owner of any building or land, to be served on such owner or left with some adult male member or servant of his family ; and if the owner be not resident within the Town or Station, they shall send every such notice by the Post addressed to his residence. 68. Whenever, under the provisions of this Act, any work is required to be executed by the owner or occupier of any building or land, and default is made in the execution of such works, the Commissioners, whether any penalty is or is not provided for such default, may cause such work to be executed; and the expense thereby incurred shall be paid (o them by the person by whom such work ought to have been executed, and shall be recoverable as hereinafter provided. 69. If the defaulter be the owner of the building or land, the Com- missioners may, by way of additional remedy, whether any action or proceeding has been brought or taken against any such owner or not, require the payment of all or any part of the expenses payable by the owner for the time being from the person who then or at any time there- after occupies the building or land under such owner, and, in default of payment thereof by such occupier on demand, the same may be levied by Indian Act No. 14 of 1856, 1273 distress of the goods and chattels of such occupier; and every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as is so paid by or recovered from him in respect of any such expenses. 70. No occupier of any building or land shall be liable to pay more Occupier not money, in respect of any expenses charged by this Act on the owner thereof, *° ^* hshle for than the amount of rent due from him for the premises in respect of ^^u^t ^f rent which such expenses are payable at the time of the demand made upon ^^g. hiai, or which, at any time after such demand, has accrued and become payable by him, unless he neglect or refuse, upon application made to him for that purpose by the Commissioners, truly to disclose the amount of his rent and the name and address of the person to whom such rent is pay- able ; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand or which has since accrued, shall lie upon such occupier ; provided further, that nothing herein contained shall be taken to affect any special contract made between any such owner or occupier respecting the payment of the expenses of any such works as aforesaid. 71. Whenever default is made by the owner of any building or land in Occupier, in the execution of any work required to be executed by him, the occupier of default of such building or land may, with the approval of the Commissioners, cause °^°^''> ™^y such work to be executed, and the expense thereof shall be paid to him by ^^^^ deduct the owner, and the amount may be deducted out of the rent from time to expenses from time becoming due from him to such owner. his rent. 72. If the occupier of any building or land prevent the owner thereof Proceedings in from carrying into effect, in respect of such building or land, any of the "^^^ °f tenants provisions of this Act, after notice of his intention so to do has been given °^g°^l°^ */ by the owner to such occupier, any Magistrate, upon proof thereof, may ^■^^l^ j^^^ make an order in writing requiring such occupier to permit the owner to execute all such works with respect to such building or land as may be necessary for carrying into effect the provisions of this Act ; and if, after the expiration of eight days from the date of the order, such occupier continue to refuse to permit such owner to execute such works, such occupier shall, for every day during which he so continues to refuse, be liable to a penalty not exceeding fifty Eupees ; and every such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works. 73. All public tanks, reservoirs, cisterns, wells, aqueducts, conduits. Tanks, &o., tunnels, pipes, pumps, and other water-works, existing at the time of the vested in the passing of this Act or afterwards made, and whether made at the cost of Commis- the Co'mmissioners or otherwise ; and all bridges, buildings, engines, works, sio°ei's- materials, and things connected therewith or appertaining thereto; and also any adjacent land (not being private property) appertaining to any. public tank, shall be vested in and belong to the Commissioners. 74. The Commissioners shall cause all existing public tanks, reservoirs. Construction cisterns, wells, aqueducts, conduits, tunnels, pipes", pumps, and other water- and mainte- works used for the supply of water to the inhabitants or for the other nance of purposes mentioned in this.Act, to be continued, maintained, and supplied ^° ^j^ °f with water; or they shall substitute other such works and shall cause them ^fater. to be maintained and supplied with water ; and the Commissioners from time to time, with the consent of the Local Government, may construct aqueducts for bringing water into the Town or Station under their authority, and may provide any number of new tanks, reservoirs, cisterns, wells, and other such water-works for the purposes aforesaid. 1274 Indian" A6t No. 14 of 1856. Provision 75. The Commissioners shall, so far as the funds at their disposal will tor supply of admit, cause all necessary works, machinery, and assistance for securing of flfg an efficient supply of water in cases of fire, to be provided and maintained. Foulitig water by — Bathing. Washing. Throwing rubbish, &c. Allowing drains, &c., to flow. Water fouled by offensive trades. 76. Whoever, except as permitted by the Commissioners under Section 79, bathes in any stream, tank, reservoir, well, cistern, conduit, or aqueduct belonging to the Commissioners ; or washes or causes to be washed therein, any horse, dog, or other animal, or any wool, cloth, or wearing apparel, or any utensils for cooking or other purposes, or leather, or the skin of any animal, or other foul or offensive thing ; or throws, puts, or casts, or causes to enter therein, any animal or any gravel, stone, dust, or rubbish, or any dirt, filth, or other noisome or ofiensive matter or thing ; or causes or sufEers to run, drain, or be brought thereinto, the water of any sink, sewer, drain, engine, or boiler, or any other unwholesome or offensive liquid matter or thing belonging to him or flowing from any house or building or from any ground occupied by him; or does any thing whatsoever whereby any such water shall be in any degree fouled or corrupted — shall be liable to a penalty not exceeding fifty Rupees. 77. Whoever, being the proprietor of any gas-works, or being engaged or employed in the manufacture or supply of gas, or being the occupier or proprietor of any place where an offensive trade or manufacture is carried on, wilfully does any act connected with the said business, whereby the water in any stream, tank, reservoir, well, cistern, conduit, aqueduct, or other water-works belonging to the Commissioners, is fouled or corrupted, shall be liable to a penalty not exceeding one thousand Rupees, and to a further penalty, not exceeding five hundred Rupees, for every day while the offence is continued after twenty-four hours' notice in writing from the Commissioners in this behalf ; and the Commissioners may, after twenty- four hours' notice in writing, lay open and examine any pipes, conduits, and works belonging to such person ; and if, upon such examination, it appears that the water has been fouled or corrupted by any thing pro- ceeding from or contained in the pipes, conduits, or works examined, the expenses of such examination shall be paid by the person to whom such pipes, conduits, or works belong, or under whose management or control they may be, and be recoverable from him as hereinafter provided; but if it appear that the water has not been so fouled or corrupted,' then such expenses, and all reasonable damages occasioned by the examination, shall be paid by the Commissioners. 78. Whoever wilfully or carelessly injures any water-works belonging to the Commissioners, or unlawfully draws off, diverts, or takes water from any such water-works, or from any waters or streams belonging to the Commissioners by which such water-works are supplied, shall be liable to a penalty not exceeding one hundred Rupees. Commissioners 79. The Commissioners may, at their discretion, set apart any public may set apart ghaut or place, or any part of the sea-shore, or of the strand of any river bathing places, (not being private property) for the purpose of being used as a bathing " place ; and may also provide or set apart a sufficient number of convenient tanks or runs of water for the inhabitants to bathe in ; and may also set apart tanks or reservoirs or runs of water for washing animals or clothes, or for any other purpose connected with the health, cleanliness, and comfort of the inhabitants. 80. The Commissioners may, in the manner hereinafter provided, make bye-laws — Tor regulating all or any matters and things whatsoever connected with the water to be supplied by them and the use of such water for any of the purposes mentioned in this Act — Injuring water- works or diverting or wasting water. &o. Bye-laws to regulate — The use of water. Indian Act No. 14 of 1856. 1275 And for regulating the time and place of bathing for persons of each sex Bathing in the places provided or appointed by them for the purpose of bathing, places. in such manner as shall appear to the Commissioners necessary, making due allowance for the habits and customs of the country. 81. When any private tank or low marshy ground, or any waste or Power to fiU stagnant water, being within any private enclosure, appears to the Com- up nnwhole- missioners to be injuiious to health, or to be offensive to the neighbourhood ^""^ ^^^ °" it shall be lawful for the Commissioners to require, by notice in writing' P"'*?^ the owner of the said premises to cleanse or fill up such tank or marshy P""^""^**- ground, or to drain off or remove such stagnant water ; and if he shall refuse or neglect to comply with such requisition during eight days from the service thereof, the Commissioners, their Officers, and workmen, may enter into the said premises and do all necessary acts for all or any of the purposes aforesaid as they shall think fit ; and the expense incurred thereby shall be paid by the owner of such premises, and shall be recoverable as hereinafter provided. 82. The Commissioners are hereby empowered, from time to time as Power to they shall see fit, to drain off into any sewers, and cleanse and fill up or drain off and otherwise abate, any stagnant pool, ditch, tank, pond, or other receptacle cleanse stag- of water (the same not being within any private enclosure) which shall "*°* P?°'^ '° appear to them to be useless or unnecessary or likely to prove injurious to °^*° P^ces. the health of the inhabitants, whether the same be the private property of any person or otherwise; and the Commissioners, their Officers, and workmep, may do all necessary acts for effecting any of the purposes aforesaid. 83. The Commissioners, in executing any works directed or authorized Commissioners by Ihis Act to be made, shall provide and make at their own expense a '° executing sufficient number of convenient ways, water-courses, drains, and channels ^^ *ds^&' in the place of such as may be interrupted, injured, or rendered useless by where°existing' reason of the execution of such works ; and in case of any difference arising ones injured, between the Commissioners and the persons affected thereby, such diffe- rence shall be settled in the manner hereinafter provided for the settlement ■of disputes respecting damages and expenses. 84. When the pavement or surface of any street, or when any sewer or Commissioners drain, shall be opened or broken up by the Commissioners, their Officers ^^^^^^^S up or servants, they shall, with all convenient speed, complete the work on ^^""^^^ ""restore account of which the same shall have been broken up, and fill in the all convenient ground and make good the pavement and surface, and the sewer or drain speed. so opened or broken up, and carry away the rubbish occasioned thereby ; and shall, in the meantime, cause the place where such pavement or surface shall be so opened or broken up to be fenced and guarded, and sufficiently lighted during the night. 85. If the Commissioners deem it necessary for the purposes of this Act, S''"^*""^ °f to raise, sink, or otherwise alter the situation oi any water-pipe or gas-pipe, ^^ '"i water- or other water- works or gas-works laid in any oi ike streets, they may from altered at the time to time, by notice in writing, require the person to whom any such expense of the pipes or works belong or under whose control they may be, to cause forth- Commis- with, or as soon as conveniently may be, any such pipes or works to be ^'""ers. raised, sunk, or otherwise altered in position in such manner as the Com- missioners direct ; provided that such alteration be not such as permanently to injure such works, or to prevent the water or gas from flowing as freely and conveniently as before ; and the expenses attending such raisinf, sinking, or altering, and full compensation for the damage done thereby, shall be paid by the Commissioners, as well to the persons to whom such pipes or works belong as to all other persons. And if any dispute shall arise touching the amount or apportionment of such compensation, the same 1276 Indian Act No. 14 of 1856. If owner, &c., neglect to make altera- tions, the Commissioners may cause the same to he done. Hoards to he set up during repairs. Bars to he erected across streets during repairs, and lights placed at night. Penalty for not lighting deposits of building materials or excavations. ' shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses. 86. If the person to whom any such pipes or works belong or under whose control they may be, do not proceed forthwith, or as soon as con- veniently may be after the receipt of such notice, to cause the same to be raised, sunk, or altered, in such manner as the Commissioners require, the Commissioners may themselves cause such pipes or works to be raised, sunk, or altered as they think fit ; provided that such works be not permanently injured thereby, or the water or gas prevented from flowing as freely and conveniently as before. 87. Every person intending to build or take down any building or to alter or repair the outward part of any building where any street or footway will be obstructed or rendered inconvenient by means of such work, shall, before beginning the same, and having first obtained a license in writing from the Commissioners so to do, cause sufficient hoards or fences to be put up, in order to separate the building where such works are being carried on from the street or footway, and shall continue such hoard or fence standing and in good condition, to the satisfaction of the Commis- sioners, during such time as the public safety or convenience requires, and shall cause the same to be sufficiently lighted during the night ; and every such person who begins to build, or take down, or alter, or repair, any building contrary to the provisions of this Section, or who, without license, erects or sets up any hoards, scaffolding, or fence whatsoever, or who, being licensed, fails to put up such fence or hoard, or to continue the same standing and in good condition as aforesaid during the time aforesaid, or who does not, while the said hoard or fence is standing, keep the same sufficiently lighted during the night, or who does not remove the same when directed by the Commissioners, within a reasonable time afterwards, shall be liable to a penalty not exceeding fifty Kupees, and a further penalty not exceeding fifty Rupees for every day while the offence is continued after twenty-four hours' notice from the Commissioners. 88. The Commissioners shall, during the construction or repair of any of the streets, sewers, or drains vested in them, take proper precaution for guarding against accident, by shoring up and protecting the adjoining houses, and shall cause such bars, chains, or posts to be fixed across or in any of the streets or roads to prevent the passage of carriages, carts, or other vehicles, cattle or horses, while such works are carried on, as to them shall seem proper ; and the Commissioners shall cause any sewer or drain or other works in streets during the construction or repair thereof by them, to bo sufficiently lighted and guarded during the night ; and whoever takes down, alters, or removes any of the said bars, chains, or posts, or extinguishes any light, witliout the authority or consent of the Commissioners, shall be liable to a penalty not exceeding fifty Rupees. 89. No persons shall deposit any building materials, or make a hole in any street, without the permission of the Commissioners ; .and when such permission is granted to any person, he shall, at his own expense, cause such materials or suoh hole,to be sufficiently fenced and enclosed until the materials are removed, or the hole is filled up or otherwise made secure ; and shall cause the same to be sufficiently lighted during the night ; and whoever deposits materials or makes a hole without such permission, or fails to fence or enclose and light such materials or hole, or does not remove such materials or flU up such hole when the permission has been withdrawn, shall be liable to a penalty not exceeding fifty Rupees, and a further penalty not exceeding fifty Rupees for every day while the offence is continued after twenty-four hours' notice from the Commissioners. Indian Act No. 14 of 1856. 1277 90. If any building, tank, well, or hole, or other place, be, for want of Dangerous sufficient repair, protection, or enclosure, dangerous to passengers, the places uear Commissioners shall cause the same to be repaired, protected, or enclosed ^'"^.'^ *° ^® so as to prevent danger therefrom; and the expenses of such repair, pro- enclosed "^ tection, or enclosure shall be paid to the Commissioners by the owner of the property so repaired, protected, or enclosed, and shall be recoverable as hereinafter provided. 91. Within the parts of any of the said Towns and Stations which Slaughter- shall be specially prescribed by the Local Government for the purpose, Noises within every place used as a slaughter-house shall, within three months after the ^^''■J^'" '^"^'^ passing of this Act, be registered by the owner or occupier at the Office of tered."^^^'^" the Commissioners in a book to be kept by them for that purpose, and whoever, after the expiration of that time and after eight days' notice from the Commissioners, uses or permits to be used within the limits so prescribed, any slaughter-house without its being registered, shall be liable to a penalty not exceeding fifty Eupees for every day during which such place shall be so used without having been registered. 92. If it be shown to the satisfaction of the Commissioners that any Commissioners place used as a slaughter-house within the said limits is a nuisance to the may order neighbourhood, they may give notice to the occupier to discontinue such existing use thereof within one month ; and whoever, after the expiration of that ^^^"^'^*7'ii time, uses such place or permits it to be used as a slaughter-house, shall discontinued, be liable to a penalty not exceeding fifty Eupees for every day during which it shall be so used. Provided that the Commissioners shall make Proviso, reasonable compensation for any damage that may be caused thereby to the occupier or owner; and i£ any dispute shall arise touching the amount of such compensation, the same shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses. 93. No place shall be used as a slaughter-house within the prescribed No slaughter- limits which was not in such use at the time of the passing of this Act, li""ses to be and has not so continued ever since, unless and until a license in writing "^^ ♦ 1* "^s for the use thereof as a slaughter-house has been obtaioed from the Com- missioners, who are hereby empowered, at their discretion, from time to time to grant such licenses ; and whoever, without such license, uses as a slaughter-house any place within such limits not used as such at the time of the passing of this Act and so continued to be used ever since, shall be liable to a penalty not exceeding one hundred Rupees, and a penalty, not exceeding fifty Eupees, for every day after the conviction for such offence, during which the said offence is continued. 94. The Commissioners may from time to time, if they shall think fit. Commissioners with the consent of the Local Government, provide places for the purpose *° provide of being used as slaughter-houses, and they shall make bye-laws for and ''la'^^lfg"'. with respect to the management and charges for the use of such places. houSs. 96. Every owner, occupier, or farmer of any market for the sale of ^arkets, butcher's meat, poultry, fish, or vegetables, or_ of any slaughter-house houfes &c., to within the prescribed limits, shall cause such drains to be made therein as be properly shall be considered sufficient by the Commissioners, and (if required so to drained. do by the Commissioners) shall cause all the floors and drains to be paved with stone or burnt brick, and shall also cause a supply of water to be provided sufficient for keeping such market or slaughter-house in a clean and wholesome state ; and if such owner, occupier, or farmer, after notice in writing given to him by the Commissioners that such market or slaughter- house is defective in any of the said particulars, and requiring him to remedy the defect specified within a reasonable time, which shall not be , less than one month, makes default therein, he shall be liable to a 1278 Indian Act No. 14 of 1856. Commissioners may make bye- laws for the inspection of slaughte r- houses. Keeping in- wholesome food in market, or in shops. Sale of un- wholesopie food or drinli:. Power to Com- missioners to enter and in- spect slaugh- ter-houses, shops, &c., and to seize un- wholesome articles ex- posed for sale. Suspension or revocation of license, &c. penalty not exceeding fifty Rupees, for every day during whicli sucli default is continued. 96. The Commissioners may, in manner hereinafter provided, make- bye-laws for the inspection of all such markets and of all slaughter-houses within the prescribed limits, and for the management and conduct of the business therein, and for keeping the same in a cleanly and proper state,, and for removing filth at least once in every twenty-four hours, and the Commissioners, with the sanction of the Local Government, may build or construct on any land belonging to them, or hereajter purchased by them,, public markets, and, with the like sanction, may levy tolls thereon, and may lease the same or the holdings therein for such periods and in such manner as to them may seem Jit* 97. Whoever keeps in any market, shop, building, stall, or place used for the sale of butcher's meat, poultry, fish, or vegetables, or exposes or allows to be exposed for sale in any other place or way, any animal,, carcase, meat, poultry, game, flesh, fish, or vegetable which is unfit for the food of man, shall be liable to a penalty not exceeding one hundred Rupees. 98. Whoever sells, or offers or exposes for sale, within any of the said Towns and Stations, as food or drink for man, any article which has been rendered, or has become noxious or unfit for such use, knowing or having reason to believe the same to be noxious or unfit for such use, shall be liable to a penalty not exceeding three hundred Rupees, and such article shall be forfeited and disposed of as the Magistrate shall direct; and it shall be lawful for any Magistrate, on the application of the Commissioners or any of their Officers, setting forth that there is just cause to believe that any such article is in the possession of any person for the purpos& of being sold or offered or exposed for sale as aforesaid, to grant a warrant to enter upon the premises of such person and to search for and seize such article, and if it appear to the Magistrate, upon the evidence of a competent person, that the same is noxious or unfit for such use, he shall order such article to be forfeited and disposed of in such way as to him shall seem proper. 99. The Commissioners, or any person appointed by them for that purpose, may at all reasonable times, with or without assistants, enter into- and inspect any market, building, shop, stall, or place used for the sale of butcher's meat, poultry, fish, or vegetables, or as a slaughter-house, and may examine any animal, carcase, meat, poultry, game, flesh, flsh, or vegetables -which may be therein ; and in case any animal, carcase, meat,, poultry, game, flesh, fish, or vegetables appear to be intended for the food of man, and to be unfit for such food, may seize the same^ and if it appear to a Magistrate, upon the evidence of a competent person, that such animal,, carcase, meat, poultry, game, flesh, fish, or vegetables is unfit for the food of man, he shall order the same to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for such food, and the owner thereof, or the person in whose possession the same is found, shall be liable to a penalty not exceeding one hundred Rupees. 100. The Magistrate, before whom any person is convicted of an offence contrary to the provisions of this Act relating to slaughter-houses, or of the non-observance of any of the bye-laws relating thereto made by virtue of this Act, in addition to the penalty imposed on such person under the authority of this Act, tpay suspend, for any period not exceeding two months, the license granted to such person under this Act ; or in case such person be the owner or occupier of any registered slaughter-house, may forbid, for any period not exceeding two months, the slaughtering of cattle therein; and the Magistrate, upon the conviction of any person for a second * For bye-lawB made under this section by the Municipal Commissioners of Penang, see Government Gazette c£ October 17, 1884, p. 1169. Indian Act No. 14 of 1856. 1279 or other subsequent like ofEence, in addition to the penalty imposed under the authority of this Act, may declare the license granted under this Act revoked, or if such person be the owner or occupier of any registered slaughter-house, may forbid absolutely the slaughtering of cattle therein. 101. Whoever, during the period for which any such license is sus- Penalty for pended or after the same is revoked as aforesaid, slaughters cattle, or allows "sing elaugh- cattle to be slaughtered, in the slaughter-house to which such license t^^^-^o^^es relates, and whoever, during the period that the slaughtering of cattle in gj^n'ra rgyo!"" any such registered slaughter-house is forbidden as aforesaid, or after such cation of slaughtering has been absolutely forbidden therein, slaughters cattle, or license. allows catde to be slaughtered, in any such registered slaughter-house, shall be liable to a penalty not exceeding fifty Rupees, for every day after the conviction for such offence, during which the said offence is con- tinued. 102. — /. — All places registered under Section 102 of the Act No. 1//. of 1§36, as to which the licenses may be in force at the time of the coming into operation of this Ordinance,* may be continued to be used under their existing licenses. II. — From and after the coming into operation of tliis Ordinance, the Offensive and owner or occupier of every place used, or intended to be used, within the dangerous parts of any of the said stations which shall be specially prescribed by the trades to be Commissioners,^ with the approval of the Local Government, for any of the '"«9"*'*''*"- following purposes, namely : — for melting tallow, or for boiling offal or blood, or as a soap house, oil- boiling house, dyeing house, tannery, brich pottery or lime kiln, sago manufactory, or as a fish-curing or fish-manure manufactory, or as a manufactory of, or dep6t of, fire-works, matches, or other manufactory or place of business from which offensive or un- wholesome smells arise, or as a yard or dep6t for hay, straw, wood, attaps, or coal shall forthwith after this Ordinance comes into operation, if the place be not already registered as provided in Clause I. of this section, and so soon as the registry shall have expired if so registered already, register the same at the office of the Commissioners in a book to be kept by them Jor that purpose. III. — The owner or occupier of every such place, on registering the Application same, shall apply to the Commissioners for a license to use the same, f"^ "-cense, which license the Commissioners are hereby authorised at their discretion to grant.X IV. — Every license granted under this section shall be subject to such Conditions of conditions, as to the Commissioners may seem Jit, to secure that the place license. shall be used in a proper manner, and without detriment to the public, or to the persons or property of neighbours. Y, Licenses to be issued under this section shall be in force for one Duration and year only ; after which they may be renewed by the Commissioners from continuance of year to year ; but licenses in force at the passing of this Ordinance, and "''*"'*'• all licenses to be issued in the current year on the coming into operation of this Ordinance, shall be in force till the end of the current year only. yj^ Every person using any such place without a license, or contrary Penalty. to any of the conditions of the license, shall be liable to a penalty not exceeding one hundred dollars ; and to a further penalty not exceeding twenty-five dollars for every day during which the offence is continued after the conviction for such offence. * The Conservancy Ordinance, 1879 (Ordinance II. of 1879), by -which this section ■was substituted for the original section 102. The part of this section which is omitted ■was repealed by the Petroleum Ordinance 1883, (Ordinance XII. of 1883). f Tor radius prescribed in Malacca, see Government Gazette of June 18, I8S0, p. 1548. J For the table of fees payable for sucb licenses, see Government Gazette of January nn toot: 1280 Indian Act No. 14 of 1856. Cancclmeut of VII. — Every license issued under this section may he cancelled hy a licenses. Moffisfrate, on the conviction of the owner or occupier of the place, or oj any person acting for or under the orders of the owner or occupier, for any offence under this section, or for any offence against any bye-law issued under Section 10 If, Penalty for establishing such trades without license. Commissioners to make rules for licensing, registering, &o., such business places. Burial and Burning grounds to be registered. 103. No place shall be newly used within the prescribed limits for any of the purposes mentioned in the last preceding Section, except under a license from the Commissioners, who are hereby empowered, at their dis- cretion, from time to time to grant such licenses ; and whoever, without a license, uses any such place for such purpose, shall be liable to a penalty not exceeding five hundred Rupees, and a penalty not exceeding fifty Rupees for every day after the conviction for such offence during which the said offence is continued. 104. The Commissioners may, in the manner hereinafter provided, make bye-laws for the inspection of every place within the prescribed limits used for any of the purposes mentioned in Section 102, and for the management and conduct of such business, whether the same be newly established or not, in such manner as they may think necessary and proper in order to prevent or diminish the noxious or injurious or offensive effect thereof. 105. The Commissioners may, if they think fit, cause a survey and measurement to be made of every burial ground, and every place used as such ; and every such place and every burning ground existing at the time of the passing of this Act, shall, within three months after this Act shall come into operation, be registered by the owner or the person having the control thereof, or, if there be no owner or person authorised to control the same, by order of the Commissioners, in a book to be kept by them for that purpose ; and whoever, after the expiration of the said time, knowingly buries or burns, or causes, procures, or suffers to be buried or burned, any corpse in any ground other than such registered burial or burning ground, shall be a liable to a penalty not exceeding one hundred Eupees. 106. No vault or grave shall be made within the walls of, or underneath any church or chapel or other place of public worship built after the pass- ing of this Act ; and no burial or burning ground, whether public or private, shall be opened, made, or formed after the passing of this Act, otherwise than by or under the authority of the Local Government, without a license describing the extent and boundaries thereof first obtained from the Commissioners, who are hereby empowered, at their discretion, from time to time to grant such licenses ; and whoever shall bury or burn, or cause, permit, or suffer to be buried or burned, any corpse in any vault, grave, or burial or burning ground opened, made, or formed without such license, or contrary to the terms thereof, shall be liable to a penalty not exceeding five hundred Eupees. Commissioners 107. If upon the evidence of competent persons, the Commissioners, to issue certifi- -^vrith the sanction of the Local Government shall certify, in manner herein- after provided, that any burial ground or place of burial, or any place used for the burning of corpses, is in such a state as to be dangerous to the health of persons living in the neighbourhood thereof, or that any church or other place of public worship is dangerous to the health of persons frequenting the same, by reason of the state of the vaults or graves within the walls of or underneath the same, or in any churchyard or burial ground adjacent thereto, and shall also certify that a fitting place for interment or burning (as the case may be) exists within a convenient distance, and is available, it shall not be lawful, after a time (not less than two months) to be named in such certificate, to bury or burn, or permit or suffer to be buried or burned, any corpses in, upon, within, or under the ground church, or place of worship to which the certificate relates, except in so far as may be allowed by such certificate ; and whoever, after due publication No vault, or burial or burn- ing place henceforth to be constructed ■without leave of Commis- sioners. Cates prohibit- ing improper burial places. Indian Act No. 14 of 1856. 1281 of such certificate as hereinafter provided, buries or burns, or causes, permits, or suffers to be buried or burned, any corpse contrary to this enactment, shall be liable to a penalty not exceeding two hundred Rupees. Provided always, that every such certificate shall be published in the proviso. Government Gazette (if any), and in one or more of the public newspapers, and that a translation thereof in the native languages chiefiy in use in the Town or Station to which it relates, shall, in the case of a burial or burn- ing ground, be affixed conspicuously on some part of the said ground. 108. Notwithstanding any such certificate as in the preceding Section Commissioner! mentioned, where by usage or otherwise there is, at the time of the passing ""*?' ^° certain of this Act, any right of interment in or under any church or chapel, or in i'nteraientTn any vault of such church or chapel, or of any churchyard, burial ground, or churches, &c. place of burial, afiected by such certificate, or where any exclusive right of interment, or any exclusive right to ground for the purpose of interment, has been purchased or acquired before the passing of this Act, it shall be lawful for the Commissioners, if, on application made to them, they are satisfied that the exercise of such right or the use of such ground will not be injurious to health, to grant a license for such exercise or use during such time and subject to such conditions and restrictions as they may think fit. 109. The Commissioners may from time to time, out of the funds ^""""r'^X"' available for the purposes of this Act, with the consent of the Local ^oes'to be Government, provide fitting places to be used as burial or burning used as burial grounds. or burning; grounds. 110. The Commissioners may, in manner hereinafter provided, make Commissioners bye-laws* for the inspection and regulation of burial and burning grounds, to make bye- and may thereby prescribe rules as to the depth of graves and places of '^''s for interment ; and generally as to all matters connected with the good order r^S^Yt^"" °' of burial and burning grounds, due regard being had to the religious usages ijuminir of the several classes of the community. grounds. 111. The owner, trustee, or person in charge of every burial and Owners of burning ground shall keep, or cause to be kept, a register, in lohich shall burial and be entered the name, sex, age, religion, residence, and, as far as possible, burning cause of death of every person whose body is brought to such burial oj- ^''''f """ '° ***? burning ground ; and shall permit the Municipal Commissioners, and the j^^m Registrar-General, or any Officer duly appointed by them, to inspect such register and make copies or extracts therefrom. And whoever being the owner, trustee, or person in charge of any burial or burning ground, shall omit to enter the above particulars referring to any person whose body is brovglit there, or who shall not show such register to the Commissioners, or the Registrar-General or their duly appointed Officer, or shall prevent the making of copies or extracts as above provided, or shall falsify such register, shall be liable to a penalty, of not exceeding fifty dollars. 112. The Commissioners shall, for the purposes of this Act, have Power to enter power, by themselves or their officers, to enter at all reasonable hours in upon lands for the day-time into and upon any building or land., as well for the purpose, of *e purposes of making any survey or inspection as for the purpose of executing any work *"'* ■*■"*• authonsed by this Act to be executed by them, without being liable to any local proceedings or molestation whatsoever on account of such entry, or of°any thing done in any part of such building or land in pursuance of this Act. Provided that, except when herein otherwise provided, the Com- Proviso, missioners or their officers shall not enter upon any building or land which * For burial-ground bye-laws for Penang see Government Gazette of April 3, 1 885 p. 532, and of July 3, 1885, p. 1119 for Malacca see.Govemment Gazette of March 19, 1886, p. 360. 4 M 1282 Indian Act No. 14 of 1856. Power to Com- missioners to enter on lands adjacent to works. Proviso. Penalty for obstructing Commissioners in their duty. maybe occupied at the time' unless with the consent of the occupier, thereof without previously giving the said occupier twenty-four hours' notice of his or their intention to do so. 113. The Commissioners, or their officers or servants, may enter upon any land of any person adjoining to, or being within the distance of one hundred yards of any works by this Act authorised to be made, for the purpose of depositing upon such land, any soil, gravel, sand, lime, brick, stone, or other materials, or for any other purposes connected with the formation of the said works, without making any previous payment, tender; or deposit, doing as little damage as may be in the exercise of the several powers hereby granted to them and making compensation for such temporary occupation or temporary damage of the said land to the owner and occupier thereof, from time to time, and as often as any such temporary occupation shall be taken or any such temporary damage done, and making compensa- tion to the owner also for the permanent inj ury (if any) to such land ; and if any dispute shall arise touching the amount or apportionment of such compensation, the same shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses. Provided that, before the Commissioners make any such temporary use as aforesaid of the land adjoining or lying near to the said works, they shall give fourteen days' notice of such their intention to the owners and occupiers of such land, and shall set apart, by sufficient fences, so much of the land as shall be required to be used as aforesaid, from the other land adjoining thereto. 114. Whoever at any time obstructs or molests the Commissioners, or any of their officers or workmen, or any person employed by them, or with whom they may have contracted under the provisions of this Act, in the performance and execution of their or his duty, or of anything which they are respectively empowered or required to do by virtue or in consequence of this Act, or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act, shall be liable to a penalty not exceeding fifty Rupees, or, in the discretion of the Magistrate before whom he is convicted, to imprisonment, for any term not exceeding three months. Commissioners 116.* The Commissioners may, from time to time, make such bye- empowered to la^yg as they think fit for the several purposes for which bye-laws are ma e Dye- hereinbefore authorised to be made by them, and may from time to time repeal, alter, or amend any such bye-laws ; provided such bye-laws be not repugnant to law or to the provisions of this Act ; and for any breach of any of such bye-laws, the offender shall be liable to a fine not exceeding twenty Rupees, and, in case of a continuing offence, to a further penalty not exceeding ten Rupees for every day after notice of the offence from the Commissioners during which such offence is continued. 117. No bye-law, or alteration of a bye-law, shall have effect until the same is confirmed by the Local Government. 118. No bye-law, or alteration of a bye-law, shall be confirmed until the same has been published in the Government Gazette (if any) or in one of the public newspapers for one month, during which period a copy of such proposed bye-law shall be kept at the office of the Commissioners, and all persons may, at reasonable times, inspect such copy without fee or reward. Publication of 119. Such bye-laws, when confirmed, shall be published in the Govern- bye-lawfi. ment Gazette (if any) and in one or more of the public newspapers, and a * Section 115 is omitted as being applicable only to Calcutta, Madras, and Bombay. Bye-lawB to be confirmed. Notice of con- firmation. Indian Act No. 14 of 1856. 1283 copy thereof, in English and in the vernacular languages chiefly in use, shall be painted or placed on boards, which shall be hung up in some conspicuous part of the office of the Commissioners. 120. All Courts and Magistrates shall take judicial notice of such Bye-laws to be bye-laws when the same shall have been confirmed and published as judicially aforesaid. noticed. 122.* The Commissioners shall publish short particulars of the several Publication •£ ■offences for which any penalty is imposed by this Act, or by any bye-law penalties, made under this Act, and of the amount of every such penalty, and shall cause such particulars, in English, and in the vernacular languages chiefly in use, to be painted or placed on boards, which shall be hung up in some conspicuous part of the office of the Commissioners. 123. The Commissioners may enter into contracts with any persons Power to for the execution of any works directed or authorized by this Act to be Commissioners done by the Commissioners, or for any other things necessary for the *° ^^'^b purposes of this Act. contracts. 124. The Commissioners may direct any prosecution for any public Commissioners nuisance whatsoever, and may order proceedings to be taken for the ™3,y direct recovery of any penalties and for the punishment of any persons offending prosecutions, against the provisions of this Act, and may ordei- the expenses of such prosecution or other proceedings to be paid out of the funds applicable to the purposes of this Act. 125. Nothing in this Act shall be construed to render lawful any act Act not to or omission on the part of any person which is, or but for this Act would affect nuisances be deemed to be, a nuisance at common law, nor to exempt any person ?* common guilty of a nuisance at common law, from prosecution or action in respect thereof. Provided that, if any person, convicted of an offence under this Proviso. Act, shall have paid the whole amount adjudged to be paid under such conviction, and the costs thereof, in every such case he shall be released from all further or other criminal proceedings for the same offence. 126. No writ or process shall be issued out against or served upon the ^° ''^"t °^ Commissioners or any of their officers, or any person acting under the P'^°"'^?s to be ■direction of the Commissioners, for any thing done or intended to be done Commissioners under the powers of this Act, until the expiration of one month next after or their officers notice in writing shall have been delivered or left at the office of the Com- until after one missioners or at the place of abode of such person, explicitly stating the month's notice cause of action, and the name and place of abode of the intended Plaintiff, °^^^^^I and of his attorney or agent in the cause ; and, upon the trial of any such ' action, the Plaintiff shall not be permitted to go into evidence of any cause of action except such as is stated in the notice so delivered, and unless such notice be proved, the Court shall find for the Defendant ; and every such action shall be commenced within three months next after the accrual of the cause of action, and not afterwards ; and if any person to whom any such notice of action is given shall, before action brought, tender suffi- cient amends to the complainant, such complainant shall not recover in any such action when brought ; and if no such tender shall have been made, it shall be lawful for the Defendant in such action, by leave of the Court where such action shall be pending, at any time before issue joined, to pay into Court such sum of money as he shall think fit, and thereupon such proceedings shall be had as in other cases where Defendants are aUowed to pay money into Court. * Section 121 was repealed by Indian Act 16 of 18C0. 4M 2 1284 Indian Act No. I* of 1856. Power to make compensation out of funds. Mode of ascertaining compensation for land, &o. Power to sell lands. Power to sell old roads. Vees for licenses. Damages and expenses how to be deter- mined. Method of proceeding before Magis- trates in questions of damages, &o. 127. The Commissioners may make corapenaation, out of the funds applicable to the purposes of this Act, to all persons sustaining any damage by reason of the exercise of any of the powers vested in the Commissioners, their officers or servants, under and by virtue of this Act. 128. When there is any hindrance to the acquisition by purchase of any land or building required for the purposes of this Act, the Local Government, upon the representation of the Commissioners and after such inquiry as may be thought proper, may declare that the land or building is needed for a public purpose, and may order proceedings for obtaining pos- session of the same for Government, and for determining the compensation to be paid to the parties interested, according to the laws now or hereafter to be in force for the acquisition of land for public purposes. And the Local Government may vest such land or building in the Commissioners on their paying the compensation awarded. 129. The Commissioners, with the consent of the Local Government, may sell any lands vested in them by virtue of this Act or acquired by them for the purpose thereof either together or in parcels, as they may find most convenient and advantageous, and the proceeds of such sale shall be applied to the purposes of this Act : and for carrying such sale into eflfect the Commissioners may execute a conveyance of the lands sold to the pur- chaser, and such conveyance shall be under the common seal of the Commissioners. 130. Whenever any street or road hereby vested in the Commis- sioners shall be discontinued and stopped up under the provisions of Section 6 of this Act, the Commissioners, with the consent of the Local Government, may sell the land or such part thereof as shall not be required for the purposes of this Act. 131. When any license is granted under the provisions of Section IfS, 62, 93, or 102 of this Act authorizing the use of any place for any of the purposes therein described, and when permission is given under Section 19- for making any temporary erection, or under Section 36* fof putting up any projection, the Commissioners may charge a fee for such license or permis- sion ; and the rates' of the fees to be so charged shall be from time to time adjusted by the Commissioners with the sanction of the Local GoveAiment, provided that no such fee shall exceed the sum. of fifty Rupees. When permission or license is given for the temporary occupation of any ground belonging to the Commissioners under the provisions of Section 87 or Section 89, the Commissioners may charge rent for such ground, according to the time the occupation may continue, at such rates as may from time to time be sanctioned by the Local Government. All sums received by the Commissioners under this Section shall be applied by them to the purposes of this Act. 132. In all cases where any damages, costs, or expenses are by this Act directed to be paid, the amount of the same, in case of dispute, shall be ascertained and determined by two Magistrates, except in the Town of Bombay, and in the Town of Bombay by the Court of Petty Sessions ; provided that, if there be only one Magistrate acting for any Town or Station, such ascertainment and determination may be made by a Magistrate and a Justice of the Peace. 133. In any case referred to the determination of two Magistrates under this Act, it shall be lawful for any Magistrate, upon the application of either party, to summon the other party to appear before any two Magis- trates, or before a Magistrate and a Justice of the Peace, as the case may be, and in the Town of Bombay before the Court of Petty Sessions, at a time and place to be named in such summons ; and every such summons * Section 35 was probably intended here. Indian Act No. 14 of 1856. 1285 shall be served by delivering the original or a copy thereof to the person summoned or by leaving the same at his usual place of abode with some adult male member or servant of his family. Upon the appearance of the parties, or, in the absence of any of them, upon proof of dues service of the summons, it shall be lawful for such Magistrates or such Magistrate and Justice, or such Court to hear and determine such question, and for that purpose, to examine such parties or any of them and their witnesses on oath ; and the cost of every such enquiry shall be in the discretion of such Magistrates, or such Magistrate and Justice, or such Court, and they shall del ermine the amount thereof. Provided that, in the event of a difference Proviso, of opinion between such Magistrates, or such Magistrate and Justice, the case shall be referred to the determination of a third Magistrate or (if there be no such Magistrate) of any Justice of the Peace to be selected by them. 134. If the amount of damages, costs, or expenses ascertained in the Kecovery o£ mannM- above described be not paid by the party liable to pay the same damages by within seven days after demand, such amount may be recovered under a distress, warrant from the said Magistrates or either of them, or the said Magistrate and Justice of the Peace or either of them, or from the Court of Petty Sessions, as the case may be, by distress and sale of the goods and chattels of such party ; and the overplus arising from the sale thereof, after satisfying such amount and the costs of the distress and sale, shall be returned on demand to the party whose goods shall have been distrained. 135. Instead of proceeding by distress and sale, or in case of failure to Commissioners realize by distress the whole or any part of any expenses, charges, or may sue in damages awarded under the provisions of this Act, the Commissioners competent may sue the person liable to pay the same in any Court of competent Comt instead jurisdiction. distLs^ '"^° 136. No distress levied by virtue of this Act shall be deemed unlawful, Distress not nor shall any party making the same be deemed a trespasser, on account unla-wful for of any defect or want of form in the summons, conviction, warrant of w^°t °^ ^nn- distress, 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 in any Court of competent jurisdiction. 137. Every fine or penalty imposed under or by virtue of this Act, or Recovery of any bye-law made in pursuance thereof, may be recovered by summary fines and proceeding before a Magistrate upon information exhibited by order of the ^^^^ *'' Commissioners.* 138. The Magistrate by whom any fine or penalty is imposed by virtue How fines and of this Act may award not more than one-half thereof or any less sum to penalties are to the informer, and shall order the remainder— or, if he make no award to * app^ed. the informer, the whole of such fine or penalty to be paid to the Commis- jj-g person sioners, to be by them applied to the purposes of this Act. liable to fine or 139. No person shall be liable to any fine or penalty under this Act, compkint ^*' for any offence made cognizable before a Magistrate, unless tlie complaint made within respecting such offence shall have been made before a Magistrate within three months three months next after the commission of such offence. after offence committed. 140. If through any act, neglect, or default, on account whereof any Damage to person shall have incurred any penalty imposed by this Act, any damage the Commis- to the property of the Commissioners shall have been committed by such sioners' pro- * But see also the Criminal .Jurisdiction Ordinance 1872 (Ordinance XIII. of 'iSTS), , 24. 1286 Indian Act No. 14 of 1856. perty to te made good in addition to penalty. ].'olice Officers to report offence to Commissioners and to arrest unknoTfn offenders. Commence- ment of Act. person, he shall be liable to make good such damage, as well as to pay such penalty ; and the amount of such damage shall, in case of dispute, be determined by the Magistrate by whom the party incurring such penalty shall have been convicted; and, on non-paymenC of such damage on. demand, the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly. 141. It shall be the duty of all Police Officers to give immediate information to the Commissioners of any ofFence conjmitted contrary to the provisions of this Act. Any Police Officer may arrest any person committing in his view any offence against this Act if the name and address of such person be unknown to him, and such person may be detained at the Station House until his name and address shall be ascertained. 142. This Act shall commence and take effect from and after the 1st of November 1856.* * Tlie Schedule to this Act is here omitted as it contained merely a list of laws repealed which were not in force in the Straits Settlements. Index to Indian Act No, 14 of 1856. 1287 Index* to Indian Act No. 14 or 1856. ACTION AT LAW CominiBsipners to have one month's notice of evidence in, against Commissioners - limit of time in, against Commissioners tender of amends in, against Commissioners payment into Co.urt in, against Commissioners AQUEDUCT. See Water- Works. ASHES. See Scavenging. ATTAPS. See Offensive Trades. Section. 126 126 126 126 126 BALCONIES. See Sunshades BATHING penalty for fouling water by - Commissioners may set apart places for public ,1 make bye-laws for regulating time and place of -..-..• BLOOD. See Offensive Trades. BEICK KILN. See Offensive Trades. BRIDGES AND TUNNELS Commissioners may construct .... BUILDING REGULATIONS for building brick and stone houses : — - - thickness of walls ..... foundations ...... space between floors of neighbouring houses external ends of floors .... abutment of floors, and roofs ... houses of stone or brick and plank, or posts and plank alteration of frontage of houses, permission must be ob tained for ...... houses built in or near streets to have drains constructed notice of new building to be given with plan Commissioners may signify disapproval of same houses built contrary to foregoing provisions may be altered ...... when parties may proceed to bnild . . - notice of intention to commence works must be given privies to be erected ..... BURIAL AND BURNING GROUNDS Commissioners may survey burial grounds - to be registered ..... no vault or grave to be made in any church - new, not to be opened without license . . . may be discontinued by reason of danger to health - Commissioners may permit burial in churches „ „ provide . - - - ,, ,, make bye-laws for bodies brought to, to be registered ... BYE-LAWS for removal of night-soU .... for regulating the use of water for bathing places for each sex ... 33-35 76 79 8a 6~ 52A „ Rule I. II. HL. IT. 52B 520 53 54 55 56 57 57A 63 105 106 106 106 107 108. 109 110' 111 14 80 80 * This Index forms no part of the Act, 1288 Index to Indian Act No. 14 of 1856. Section. BYE-LAWS— (Continued). for public slaughter-houses - .... 94 for all slaughter-houses and markets - ... 96 for places used for offensive and dangerous trades - - 104 for public burial and burning grounds ... 110 Commissioners may make, repeal, alter, and amend - 116 penalty for breach of . - - - . - 116 to be confirmed by Local Grovemment ... 117 ■ to be published in Government Gazette or newspaper - 118 when confirmed, to be published in Government Gazette or newspaper ....... 119 copy of, to be hung up in Commissioners' office . - 119 to be judicially noticed by Courts and Magistrates - - 120 fines or penalties under, recoverable before a Magistrate - 137 informations to be lodged by order of Commissioners - 137 CATTLE keeping, in or near street ..... 43 premises for same in filthy state .... 43 CESS-POOLS. See Sewers. Necessaries. CflUECHBS restriction as to burying in - - - - . 106 how burial in, may be discontinued .... 107 Commissioners may permit burial in ... . 108 CISTEENS. See Water.Works. COAL. See OflTensive Trades. COCOANUT TREES not to be planted within 12 feet of public street or road . 42 OOMMISSIONBES. See Municipal Commissioners. meaning of woini ...... 2 COMMISSIONEE OP POLICE concurrence of, necessary in allowing temporary erections in streets ,. - . - . . .19 COMPENSATION for lands, houses, &c., taken for new roads, streetSj &c. - 6 for damage to adjoining lands and buildings . . 7 for setting back projecting houses - ... 27 disputes as to compensation for projecting houses, how settled _ . - 27, 132 for removing projections from houses ... 34^ 232 for damage in carrying sewers through lands - . . 45, 132 for discontinuance of slaughter-houses . . - 92, 132 for damage done by entering lands adjacent to works . 113 Commissioners may make, out of funds ... 127 for land taken, how ascertained .... 128 amount of, to be ascertained by Magistrates . . 132 mode of procedure in questions of . - . . 133 CONTRACTS Comm.issioners may make, for work .... 123 obstructing contractors, &c., in execution of works - . 114 CONVICTION. See Procedure. Eines and Penalties. for ofience under this Act to bar other criminal pro. ceedings ....... 1^5 fines recoverable summarily before a Magistrate . . 137 CULVERTS. See Drains. DAMAGES to land adjoining new streets, compensation for - . 7 in setting back projecting houses — compensation - . 27, 132 to roads by overhanging trees or hedges . - .42^ 132 Index to Indian Act No. 14 of 1856. 1289 DAMAGES— (Contintied). in carrying sewers through lands in inspecting drains, privies, and cess-pools - in altering gas and water-pipes — compensation for discontinued slaughter-houses in entry on lands adjacent to works - compensation for, may be made out of funds amount of, how ascertained ... mode of procedare in questions of - recovery of, by distress ... ,, action at law . - - in addition to penalty, damage to be made good amount of such, damage, how ascertainable and recoverable DEATHS, REaiSTRT OF "owners of burial grounds to keep .... DIRT. See Scavenging. DISPUTE as to ownership of huts pulled down .... as to payment of share of expenses for paving, &o., private streets ....... as to amount of damages in setting back projecting houses - ,, of compensation for removal of projections of houses ..... ,, of damage in making sewers ... as to ways, works, &c., substituted during execution of works ....... as to amount of damage in raising gas and water-pipes „ for discontinued Slaughter-houses „ in entry on lands adjacent to works DISTRESS damages, costs, and expenses recoverable by - - on failure of, Commissioners -may sue for amount not unlawful for want of form . . . - DOORS not to open outwards ------ opening outwards may be altered . . - - DRAINS. See Sewers. DUST. See Scavenging. DUST-BOXES. See Scavenging. may be provided by Commissioners - - - - DYEING- HOUSE. See Offensive Trades. Section. 45, 132 66 85, 132 92, 132 113, 132 127 132 133 134 135 140 140 111 23 24, 132 27, 132 34, 132 45, 132 88, 132 85, 132 92, 132 113,132 134 135 136 30 31 11 EAST INDIA COMPANY , . ^ , . . streets and roads not belonging to, vested m Commissioners ENTRY ON PREMISES for inspection of drains, privies, and cess-pools to fill up unwholesome tanks, swamps, &c. - Commissioners to have general powers of - - - „ on lands adjacent to " " Municipal works - EXECUTING WORKS of a reproductive nature, power of Commissioners in general provision for, and recovery of expenses charges for, may be levied on occupier in default of owner - occupier not liable for charges for, beyond amount of rent in substituted roads, drains, channels to be provided inl streets, drains, &c., broken up to be restored with speed 81 112 113 6 68 69 70 83 84 1290 • Index to Indian Act No. 14 of 1856. EXECUTIN& WOEKS— (Continued). in, broken places to be fenced and lighted at night - persons, to set up hoards and light same during repairs or building ...-.-- persons to obtain license from Commissioners before proper precautions to be taken by Commissioners while persons 'depositing materials or making holes while - Commissioners' may enter lands and buildings for purpose of . - - - - ; - _ - Commissioners may enter and deposit materials on adjacent land when ..-.--- ■ damages, compensation, disputes on so doing obstructingor molesting Commissioners in - removing marks, levels, &c., set up in EXPENSES of removing huts erected without sanction . - - of paving, &c., private streets . . . - of replacing numbers on houses . . . - of altering doors opening outwards - . - - of removing projections from houses - . . - of pulling down ruinous houses recoverable from owner materials of houses so pulled down may be sold to p&j of securing or enclosing untenanted houses - - - of trimming hedges and trees on roads, &o. . - - incurred by persons making unauthorized drains of pulling down buildings erected over sewers, &c. - of drains made for private houses by Commissioners of making drains recoverable from owner of house - of altering or demolishing houses built contrary to Act or orders of Commissioners . . . - - of providing traps for private drains - of altering or repairing branch-drains, cess-pools, and privies ....... Commissioners, in default of owner or occupier, may execute works and recover ...... mode of recovery of, from occupier .... occupier not liable for more than amount of rent due for of work done by occupier in default of owner of inspecting water-pipes, &c., when water fouled by offen- sive trades - ..... of filling up unwholesome private tanks and swamps of altering gas and water-pipes — damages - amount of, how ascertained . - . . - mode of procedure to ascertain amount of - recovery of, by distress - - - . , . ,, by action at law ..... Section. 84 87 87 ' 88 89 112. 113 113 114 114 22, 132 24,132 29, 132 30, 132 33, 132 37, 132 38 39, 132 42, 132 49, 132 50,132 51, 132 53, 132 56, 132 58, 132 64^66, 132 68, 132 69 70 71 77, 132 81, 132 85, 132 132 133 134 135 FEES. See Licenses. FESTIVALS temporary erections in streets may be allowed at - FILTH. See Scavenging. PINES ,AND PENALTIES Commissioners may direct prosecutions for recovery of recoverable summarily before a Magistrate ... half may be awarded to informer .... payable to Commissioners ..... no person liable to, unless com.plaint made within three months - - - - damage to be made good in addition to ... FIEEWOKKS. See Offensive and Dangerous Trades. 19 124 137 138 138 139 140 Index to Indian Act No. 14 of 1856. 129] riEE. See Offensive and Dangerous Trades. roofs and external walls of houses not to be made of inflam- mable materials - - ... Commissioners to provide works for securing supply of water in case of --.-.. - riSH. See Offensive and Dangerous Trades. FOOD keeping or exposing for sale unwholesome — in market, shop, &o. .-.-.... selling or exposing for sale unwholesome — or drink search, seizure, and forfeiture of unwholesome Commissioners may seize unwholesome ... disposal by Magistrate of unwholesome GAS fouling water ---.... Commissioners may alter pipes for - GATES. See Doors. GOVERNMENT GAZETTE OR NEWSPAPl^R certificates prohibiting improper burial places to be pub- lished in -.--.. - intended bye-laws,to be published in bye-laws when confirmed to be published in - GHAUT depositing dust, dirt, &c., in .... GOATS keeping, in or near street - . . . . premises for same in filthy state .... GOVERNMENT. See Local Government. GRAVE. See Burial Ground. Section. 75 97 98 9& 99 99 77 85 107 118 119 12 43 43 HA.Y. See Offensive Tradjes. HEALTH. See Nuisances. Offensive Trades. provisions as to erection of huts. See Huts. - . 22, 23 keeping house in or near street in unwholesome state - 41 drains, sewers, &c., if discontinued, not to be nuisances - 46 ditto to be kept clean and not ihjurious to - - .47 rivers receiving sewage to be cleared so as not to be in- jurious to- - - - - - -48 Commissioners may fill up private tanks and swamps in- jurious to - - •• - - - - 81 Commissioners may set apart tanks, &c., of water for pur- pose connected with - - - - - 79 Commissioners may drain off and cleanse stagnant pools in open places - _ - - - - - 82 keeping unwholesome food in market, shop, &c. - - 97 selling unwholesome food or drink - _ - - - 98 offensive and dangerous trades restricted to certain localities - - - - - - -102 establishing such places without license - - - 103 burial and' burning grounds may be discontinued if dangerous to - ■ - ' - -107 HEDGES AND TREES owner of land bordering roads and streets to cut and trim - 42 HOARDS in building or repairing in streets to be set up - - 87 to be lighted at night - - - ' - - 87 deposits of building materials, &c., and holes dug in streets to be fenced - - - - - - 89 to be lighted at night - - - - - 89 dangerous places iiear streets, &o., to be enclosed - • 90 1292 Index to Indian Act No. 14 of 1856. Section. HOUSES. See Huts. may be set forward to improve line of street . . 26 setting back projecting ..... 27 Commissioners to fix numbers on - - - - 29 injury to numbers on . - ... 29 expense of replacing same ..... 29 doors, gates, &c., of, to open inwards ... 30,31 troughs and pipes for catching water to be fixed to - - 32 projections from, on streets, how removed, and - - 33, 34 how far permitted ...... 33 Commissioners may allow certain projections from - 35 roofs and walls of, not to be of infiammable materials - 36 in ruinous state may be pulled down, and ... 37 . materials sold for expenses ... - - 38 untenanted may be secured and closed ... 39 penalty on occupier not removing filth from . - 40 keeping, in a filthy and unwholesome state - - - 41 may be required to be cleaned .... 41A Commissioners may carry sewers through cellars, &c. - 45 not to be newly erected over sewer without consent - 50 not properly drained may be drained by Commissioners - 51 not to be built too low to allow sewage to pass into sewers - ' 62 rules for building brick and stone .... 52A thickness of walls of - - - - - „ Bule L foundations of - - - - - -,',,, II- space between floors of neighbouring - - - ,, „ III. external ends of floors of - - - - ,, ,, IV. abutment of floors and roofs of - - - - ,, ,, V. of stone and plank, or posts and plank ... 52B permission must be obtained for alteration of frontage of -, 52C built in or near streets to have drains constructed - - 53 before building, notice to be given to Commissioners - 54 Commissioners to signify disapproval of same within 14 days - - - - - - - -55 built contrary to Act or orders of Commissioners may be altered or demolished ..... 56 when parties may proceed to build .... 57 notice of intended works to be given - - - . 67A Commissioners may flx pipes to ventilate sewers of - - 59 to have privies ---..- -63 when repairing or building, fences to be set up and lighted - 87 license to be obtained before building or repairing - - 87 adjoining to be protected during repairs of streets, sewers, &c. - 88 dangerous, to passengers to be repaired or enclosed - - 90 Commissioners may enter, for purposes of Act - - 112 HUTS not to be erected without notice to Commissioners - - 22 removal of, in default of notice ... 22 existing, may be ordered to be improved - - - 23 materials of, pulled down to be sold - - . - 23 proceeds of sale of materials of - - - - 23 external roofs and walls of, not to be of inflammable materials .......36 INFLAMMABLE MATERIALS " external roof or walls of house not to be made of - - 36 INEOEMATION. See Fines and Penalties. Procedure. Commissioners may direct prosecutions on - - . 124 to recover penalties to be lodged by order of Commissioners 137 must be laid within 3 months - - . . . 139 of ofiences to be given by Police Officers to Commissioners 141 Index to Indian Act No. 14 of 1856. 1293 INTERPEETATIOlSr Local Grovernment - . ... The Municipal Commissioners ; the Oommisaioners Town ..... Station - - . . . street - - . . , in or near any street - . . road - . . . . land - - . . . number .... gender - . - . . person - . . . . month ..... oath ..... Magistrate .... owner - . . . . Section. 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 JETTT depositing dirt, &c., on - - . JUSTICE OP THE PEACE may assist Magistrate in determining damages, &c. mode of proceeding in questions of damages, &o. 12 132 133 LAMPS. See Lighting. LANDS meaning of the word ..... taten for new streets and roads ... purchase of, for formation of new streets , , for streets .... ,, for deposit of filth, &c. ... untenanted and abandoned, may be secured and enclosed owner of, in a filthy state liable to penalty Commissioners may carry sewers through compensation for damage caused thereby adjacent to public tank vested in Commissioners Commissioners may enter on, for purposes of Act Commissioners may deposit materials on, adjoining works compensation for temporary occupation of, or damage to fourteen days' notice of intention to enter required by Commissioners to be set apart by fences how acquired for this Act .... vested in, or acquired by Commissioners, may be sold of discontinued streets and roads may be sold Commissioners may charge rent for, occupied LANDING PLACE depositing dust, dirt, &c., on - LICENSES fees for, may be charged for under sees. 62, 93, 103, 19, 36, 87, and 89 . - - ' - - - - ' - for public necessaries .----. for new slaughter-houses .... for offensive and dangerous trades . - . - for temporary erections in streets . - . - before building or repairing . - - - before depositing building materials and making holes in streets ....... Magistrate may suspend or revoke slaughter-house - using slaughter-house when, suspended or revoked - for burial in churches ---... for keeping swine, sheep, goats, or cattle ... 2 6 7 8 15 39 41 45 45 73 112 113 113 113 113 128 129 130 131 12 131 62 93 102, 103 19 87 89 100 101 108 43 1294 Index to Indian Act No. 14 of 1856. Section. LiaHTING streets and roads .-. .'. - . 18 at night when streets, &c., broken up . - - 84 of hoards or fences, set up when repairing or bujlding houses ...-..-87 when repairing streets, &o, - - ... .88 LIME KILNS. See Offensive Trades. LIMITATION OP ACTION of civil action, 3 months ..... 126 summary proceedings to be commenced within 3 months - 139 LOCAL GOVERNMENT meaning of the term ...... 2 public streets and roads not under control of, vested in Commissioners .----. 6 consent of, to payment of salaries to Municipal officers - 3 sanction of, to appointment or removal of certain Municipal officers -.- - - - - -3 sanction of, to works by Commissioners ... 6 ,, to purchase of land for houses on new streets - 7 „ to improvement of huts - - - - 23 ,, to discharge of sewers into sea or river - - 47 „ to improving bed of river - - . 48 „ to construction of aqueducts - - . 74 ,, to establishment of slaughter -houses - - 94 ,, to prohibition of burial and burning grounds - 107 consent of, to establishment of burial and burning grounds 109 ,, to sale of lands by Commissioners - - 129 ,, to sale of discontinued streets or roads - - 130 sanction of, to rate of fees for licenses . - . 131 consent of, to rent of ground of Commissioners occupied . 131 to prescribe locality for slaughter-houses ... 91 ,, limits for offensive and dangerous trades - 102 may authorize constraction of vaults and burial grounds - 106 confirmation of bye-laws by - - - - - 117 powers of, as to acquisition of land for public purposes - 128 MAGISTBATE. See Procedure. ~ meaning of the word .---.- 2 may make order on occupier opposing execution of works ■ 72 may issue search warrant for unwholesome food or drink - 98 may dispose of unwholesome food - - . . 99 may suspend or revoke slaughter-house licenses - - 100 to take judicial notice of Commissioners' bye-laws - - 120 to ascertain amount of damages, costs, &c. - . . 132 mode of procedure for ascertaining same ... 133 summary proceeding before - - . . . 137 may award half penalty to informer - - - . 138 order of, as to penalties - : . . . 138 complaint to be made before, within 3 months - - 139 to determine amount of damage to Commissioners' property 140 may issue distress warrant for above - - . . 140 MARKETS to be properly drained and cleansed - - - - 95 floors and drains of, to be paved — water for cleaning - 95 notice of defects in cleanliness of - . - - 95 Commissioners may build and make bye-laws for inspection, &c., of - 96 keeping unwholesome food in - - - . - 97 Commissioners may enter and inspect, and seize unwhole - some food in- - ■ • > . -OQ Index to Indian Act No. 14 of 1856. 1295 MATCHES. See Offensive and Dangerous Trades. Section. MUNICIPAL COMMISSIONERS meaning of the term ...... 2 may declare with sanction of G-ovemment places subject to Act - 2 to appoint, remove, and pay officers - - . - 3 Municipal property vested in - - - . .4 streets and roads vested in - - . . 5 may make streets, &c., and execute certain works - - 6 may purchase and sell land adjoining new streets - - 7 , , land for streets and roads . . . g to repair and improve streets and roads, footways - - 9 to cleanse streets ...... 10 to provide dust-boxes in streets - . - - 11 may appoint time and place for depositing dust, &o. - 12 ,, ,, „ conveying night-soil - 14 to provide places for depositing night-soil, &c. - . 15 ,, ,, keeping cattle, carts, implements, &o. 15 m.ay purchase or lease lands, &c., for above purposes - 15 dirt, dust, &c., collected, the property of - - - 16 to water streets and roads ----- 17 to light streets and roads ----- 18 to remove obstructions to streets, drains, sewers, &c. 19 may allow temporary erections in streets and charge fee (s.131) - 19 may allow pavements, &c., in streets to be taken up - 20 to control widths and levels of new private streets - . 21 to control erection of new huts in streets - - - 22 may improve existing hnts, and make compensation - 23 „ private streets in bad condition - - 24 may take over private streets when improved - - 25 may set forward houses to improve line of street - - 26 may set back projecting houses on re-building - - 27 to paint names of streets - - - . . 28 ,, numbers on houses - - - - . 29 may alter doors, &c., hung to open on streets . - 30, 31 may require owners to put up troughs and pipes for water - 32 may require projections on streets to be removed - 33 hqw to act as to projections, &c., existing before this Act . - 34 may give permission for verandahs, sun-shades, &c. - 35 may pull down houses in a dangerous state - - - 37 may sell materials of houses pulled down - - - .38 may close or secure untenanted houses becoming nuisances 39 may require houses to be cleaned and whitewashed - - 41A may cause hedges and trees to be trimmed - - - 42 may cut down cocoanut trees within 12 feet of road - - 42 powers of, as to keeping swine, cattle, &c., near streets - 43 sewers, drains, &c., vested in - - - - - 44 to make sewers - - - - - - 45 may carry sewers through lands and premises - . 45 to make compensation for damages done thereby _ . _ . 45 to repair and maintain and may improve or discontinue sewers ..-..--46 to keep sewers and drains clean - - - - 47 may empty sewers into sea or river, &o. - _ - . 47 to improve beds of rivers into which sewage is discharged . 48 consent of, necessary before making private drains into public sewers or drains ... - . 49 consent of, necessary before building over sewer or drain - 60 may pull down building erected without consent - . 50 may make drains for hotises not properly drained - - 51 1296 Index to Indian Act No. 14 of 1856. Section, MUNICIPAL COMMISSIONERS— (Continned) . foundations to be of depth directed by - - - 52A may pull down works executed contrary to rules - - 52 A bouses of stone or brick and plank, or posts and plank, not to be built without consent of _ - - - . - 52B no alteration of frontage of houses without permission of - 520 new houses to have drains constructed as directed by - 53 to have notice and plans of new buildings - - - 64 to signify disapproval of same within 14 days - - 55 houses built without notice, or contrary to Aotj or orders of, may be altered - - - - . - - 56 failing to approve or disapprove, parties may proceed to build- .......57 > written notice of intended works must be given to - ' - 57A to provide traps for public sewers and drains - 58 ,, for private sewers, &c., at owner's expense - 58 may fix pipes on houses for ventilating sewers - - 59 may provide common necessaries and urinals - - 61 may license public necessaries - - - - 62 may charge fee for license for necessaries - - - 131 to control branch-drains, cess-pools, and privies ■; - 64-66 in default of owner or occupier, may execute works - 68 naay recover expense of works by distress - - - 69 public water-works to vest in - - - - - 73 to construct and maintain water-works - - - 74 may form aqueducts, &o. - - - - - 74 to secure supply of water in cases of fire - - - 75 may set apart public bathing places '. - - - 79 may make bye-laws regulating use of water and bathing places -- ..--.80 may fill up unwholesome private tanks, &c. - - - 81 may drain ofl" and cleanse staignant pools, &c., in open places - - .. . . -82' in executing works to substitute ways, drains, &c. - - 83 when breaking up streetsi to restore with speed - - 84 may alter situation of gas and water-pipes in streets - 85, 86 license of, necessary before obstructing streets during repairs -..-..- 87 may charge rent for occupation of ground during repairs - 131 during repairs to shore up houses and erect bars - - 88 to light up and guard obstruction . - . - 88 may grant license for deposit of building materials on streets 89 may charge rent for same - - - - - 131 to repair or enclose dangerous places near streets - - 90 to register slaughter-houses in use ... - 91 may order discontinuance of slaughter-houses - - 92 slaughter-houses newly set up to be licensed by - - 93 may charge fee for same - - - . .131 may provide slaughter-houses and make bye-laws - - 94 to direct drainage, &c., for markets - - - - 95 may build and make bye-laws for inspection and manage- ment of markets - - - ' - - - 96 seizure of unwholesome food or drink on application of - 98 may inspect slaughter-houses, shops, markets, &c., and seize^unwholesome food ----- 99 may grant licenses for offensive and dangerous trades - ] 03 - - 131 104 105 106 107 108 109 110 111 may charge fee for same may make bye-laws for same - may survey and re^ster burial grounds may grant licenses for new burial grounds may discontinue burial grounds, &c. - may permit burials in churches may provide burial and burning grounds may make bye-laws for same - may inspect register of deaths Index to Indian Act No. 14 of 1856. 1297 MUlSriCIPAL COMMISSIONBES-CContinued). may enter on lands for purposes of Act - - - 112 may enter and deposit materials on land adjoining works - 113 to make compensation for damage done thereby - - 113 penalty for obstructing - - 114 may make, alter, and amend bye-laws - - 116 to publish particulars of offences - - 122 may make contr-acts for works - . . . 123 may order prosecutions - - - 124 notice to be given before action commenced against - ■ 126 may grant compensation out of funds - - ■ 127 may obtain aid of Local Government for acquisition of land - . - . - - 128 may sell and convoy land - ... 129 may sell discontinued roads and streets - - - 130 may charge fees for licenses under sees. 62, 93, 103, 19, and 36 - ----- 131 may charge rent under sees. 87 and 89 - - 131 damage to property of, to be made good ... 140 duty of police oflBcers to give information to - - - 141 MtnsnCIPAL FUND. See Municipal Property. MUinCIPAL OPFICBKS. See Entry on premises. Executing works. Municipal Commissioners, to be appointed, removed, and paid by Commissioners - 3 appointment and removal of, with salaries above 200 Rupees monthly , - - - 3 for inspection of drains, privies, and cess-pools - ' - 66 for inspection of nnarkets, slaughter-houses, &c. - 99 may enter on lands to fill up unwholesome tanks, swamps, &c. ■ - - - - - 81 in breaking up streets, drains, &c., to restore with speed - 84 powers of, as to unwholesome food or drink exposed for sale 98 their powers of entry on premises - - - 112 may enter and deposit materials on lands adjacent to works 113 penalty for obstructing ..... 114 notice to be given before action commenced against - 126 MUNICIPAL PROPERTY vested in Commissioners - - - . . 4 streets and roads with materials, erections, implements, &c., vested in Commissioners ----- 5 rubbish, sewage, soil, filth, &c., vested - - - 16 sewers, drains, &c., vested in Commissioners - - 44 refase from sewers and drains - - - - 47 necessary works for deposit of same - - - - 47 works, &c., not to be a nuisance ... 47 public tanks, reservoirs, acqusduots, pipes, &c. , vested in Commissioners ------ 73 expenses of prosecutions under this Act payable out of funds ....... 124 compensation may be made out of funds - - 127 land purchased through Local Government - - - 128 Comnaissioners may sell lands . . - - 129 Commissioners may sell discontinued streets or roads - 130 fees for licenses under sees. 62, 93, 103, 19, 36 - - 131 rent of land under sees. 87, 89 - - - - 131 what portion of fines and penalties to go to Commissioners 138 damage to, to be made good . . - . - 140 NECESSARIES filth, &o., collected from, to be property of Commissioners - 16 Commissioners may provide common, but not to create nuisances ..-.--.61 to be cleansed daily --.--- 61 4 N 1298 Index to Indian Act No. 14 of 1856. NECESSABIES— (Oontmued). public, may be licensed by Commissioners - - - penalty for keeping without license - . - - penalty foi? unoleanliness of - - • license of, may be cancelled every owner to erect a privy - - - . - privies tobe shut out from view - - ' - ,, ,, constructed as Commissioners direct „ ,, to have due facilities for cleansing ,, and cess-pools under control of Commissioners neglect of owner to alter or repair privies and cess-pools dealing with cess-pools or privies contrary to regulations - inspection and repair of privies or cess-pools when Commissioners to bear expenses of same WBWSPAPEES. See Government Gazette. NIGHT-SOIL Commissioners may make rules for removal of - hours of removal of - .... receptacle of, to be covered . . . - - slopping or spilling - - setting down vessel containing .... taking vessel containing, through other streets places of deposit for, to be provided . . owner of house in or near street keeping for more than 24 hours - ..... keeping in other than proper receptacles . . . keeping receptacles unclean ... putting into sewers or drains ..... Section. 62 62 62 62 63 63 63 63 64 64 65 66 66 , 14 14 14 14 14 14 15 40 40 40 60 NOTICE service of, on owners and occupiers - ... 67 of time for removal of night-soil . . - - 14 . of intended laying out of new private streets - - 21 ,, erection of hew huts in streets - - - 22 requiring improvement of existing blocks ofhuts - 23 ,, paving, &c., of new private streets - - 24 of declaraijion of street to be a public street - - . 25 .requiring alteration of mode of hanging doors - - 30 ,, provision of spouting for roofs of houses - - 32 ,, removal of projections on streets from houses - 33,34 ,,, removal of inflammable materials from houses - 36 , , the securing of houses in ruinous state . - 37 ,, the closing and securing of deserted houses - 39 ,, trimming of hedges and trees on roads . 42 •■of intended formation of sewers through premises - - 45 and plans of intended new buildings to Commissioners - 54 after, Commissioners may disapprove ... 55 houses built without, may be altered ... 56 of intention to commence works to be given - - 57A to provide traps for private sewers .... 58 to repair branch-drains, privies, &o. .... 64 of intended inspection of drains, privies, cess-pools - - 66 to occupier of intended operations under Act by owner - 72 requiring filling up of unwholesome private tanks - - 8 L ,, alteration of gas or water-pipes in streets - 85 ,, discontinuance of slaughter. houses - - 92 ,, improvements in drains, cleanliness, &c., of mar- kets, slaughter-houses, &c. ... 95 cf intended entry on lands or premises ... 112 )> ,) ,, adjacent to works and deposit of materials thereon - - 113 of cause of action to be served on Com,missioners, &c. - 126. Index to Indian. Act No. 14 op 1856. ^ See Offensiye and Dangerous Trades. Health, deserted houses or lands becoming, may be secured 39 by keeping swine, &c., in streets - - - 43 'Commissioners not to create, by discontinuing sewer - 46 drains, sewers, &c., not to become ... 47 prevention of when sewers discharged into public river ~ 48 sewers to be provided with, traps so as to prevent - - 58 pipes aflSxed to houses to ventilate sewers so a? not to causs 59 common necessaries and urinals to be provided, but so as not to creaLe ... gj public necessaries . - - 62 unwholesome tanks on private grounds causing - - 81 stagnant pools in open places likely to cause - . 82 existing slaughter-houses may be discontinued when - 92 Commissioners may order prosecutions for public . - 124 at common law not to be affected by this Act - . 125 ISrUMBBES Commi«?ioners may fix, on houses - - - - 29 expense of replacing - - - . - - 29 •OCCUPIBE of house may be required to deposit dust, &c., in dust-box - may deduct expenses of removal of projection from rent not removing filth from house suffering house to be in a filthy state .... .or owner to erect a privy . - - - mode of service of notice on - . - in default of Commissioners may execute works and recover expenses ....... Commissioners may levy charges on, who may deduct same from rent - - - when not liable for charges upon owner for more than the rent due ....... in default of owner, may execute Orders of Commissioners . preyenting owner from executing orders of Commissioners - (OFFAL. See Offensive Trades. OFFENCES depositing dirt, &c., in streets ■ - ,, ,, on quays, landing places, river banks, &c, - allowing sewage to flow on streets breach of rules for removal of night-soil ... obstructions to streets, roads, drains, sewers, &c. interfering with pavements, posts, fences, &c., of streets breach of rules for laying out new streets ... destroying or defacing the names of streets ... ,, ,, ,, numbers on houses omitting to put up troughs and pipes for water not removing projections from houses on streets making or repairing houses with inflammable materials omittiiag to remove inflammable materials from houses occupier of house not removing filth - owner or occupier of building or land keeping it filthy keeping swine, &c., near streets . . . - making drains into public sewers, &c. putting rubbish, &o., into sewers and drains keeping public necessaries unclean - . - - dealing with branch-drains, cess-pools, privies contrarj- to orders of Commissioners . - - . . occupier opposing execution of works fouling water by bathing, washing, &c. „ ,, by throwing rubbish or allowing drains to flow into ...---. 11 33 40 41 63 67 69 70 71 72 11 11 13 14 19 20 21 28 29 32 33 36 36 40 41 ■13 49 60 G2 65 72 76 4 N 2 1300 Index to Indian Act No. 14 of 1856. Section. OFFENCES— (Continued). fouling water by offensive trades - - - 77 doing wilful damage to water-works - ~ - 78 setting up hoards or fences in streets without license - 87 neglecting to light up same at niglit - . - 87 interfering with temporary bars, chains, lights, &c. - .- 88 depositing building materials, &c., without license ; not lighting deposits of building materials . - - 89 using unregistered slaughter-houses - - - - 91 using discontinued slaughter-houses - - - 92 using unlicensed slaughter-houses, newly set up - - 9S omitting to make drains, brick floors, &c., to markets - 95 ,, supply water for cleansing markets - - 95 keeping unwholesome food in market, shop, &c. - - 97 Selling unwholesome food or drink . ... 98 exposing unwholesome food for sale - - - - 99 relating to slaughter-houses — revocation of licenses - 100 using slaughter-houses when license suspended - - 101 using unlicensed places for ofiensive and dangerous trades - 102 newly using unlicensed places for same - - - 103 using unregistered burial ground ... 105 using new unlicensed burial ground - - - 10& using discontinued burial ground - - - 107 obstructing Commissioners, their officers, or workmen - 114< breach of bye-laws of Commissioners - ^ - 116 particulars of, to be published and posted by Commissioners 122 Police Officers to give information to Commissioners of - 141 Police Officers may arrest unknown persons committing - 141 OFFENSIVE AND DANGBEOUS TBADES persons carrying on, wilfully fouling water - - - 77 certain, to be registered and licensed - - 102 penalty for carrying on, without license ... 102 no place for, to be newly used without license - - 103 Commissioners may make bye-laws for inspection and management of - . - - - - 104 OFFICERS. See Municipal Officers. OWNBE meaning of word ...... 2 to erect a privy ----- . 63 mode of service of notice on - - . . 67 in default of. Commissioners may execute works - - 68 charges due by, may be levied on occupier ... 69 occupier refusing to give up name of ... 70 occupier in default of, may execute orders of Commissioners 71 prevented by occupier from executing orders of Oommis- ■ sioners - . - . - 72 of burial grounds to register deaths - - . . m to receive notice before Commissioners enter house or lands 112 ,, ,, before entry on adjacent lands by Commis- sioners ---.... 113 OWNEE OF HOUSE penalty on, for filthy house in or near street - - 41 consent of, when necessary to enable Commissioners to provide drainage works - - - - . 51 building, &c., to make drains under order of Commissioners 53 OWNEE OF LAND compensation to, for land taken for roads, &c. - - 6 penalty on, for keeping land near street in filthy state - • 41 to trim hedges near roads ..... 42 Index to Indian Act No. 14 of 1856. 130i PAVEMENT taking up, altering, &o. of private streets --.-.. when broken up, &c., to be quickly restored J J )) to be fenced and lighted PENALTIES. See Pines and Penalties. PIG-STYE, keeping, not shut out from street - PIGS, keeping, in or near street .... PIPES. See Water-works. for catching water from the roof to be put up - - POLICE OFFICERS to give information of offences to Commissioners may arrest unknown persons offending within view ' POTTERY KILN. See Offensive Trades. PRIVIES. See Necessaries. PROCEDURE suspension of license for offence as to slaughter-house prosecutions for recovery of penalties ordered by Commis- sioners ....... Act not to affect nuisances at common law - - - when conviction a bar to further criminal proceedings in civil actions against Commissioners ... compensation for damages under this Act - . . mode of acquiring lands and ascertaining compensation dispute as to damages, &c., two Magistrates to determine - where one Magistrate and a J. P. may act . - - mode of procedure in disputes service of summons ...... non-appearance of parties - - - - difference of opinion between Magistrates ... recovery of damages by distress .... or on failure of distress, by action at law distress not unlawful for want of form . . - satisfaction for special damages in action at law fines and penalties under this Act, how recoverable - fines and penalties, how applicable - - . - complaint to be made within three months - - . damages to Commissioners' property to be made good amount of such damage determinable by Magistrate ,, ,, recoverable by distress Police Officers to give notice of offences to Commissioners - and to arrest unknown offenders .... PROSECUTIONS Commissioners may direct - . . - - costs of, to be paid from Municipal Fund Act not to exempt persons guilty of nuisance at common law from - - - ■ - when persons released from further - - - summary before Magistrate on information of Commis- sioners .------ to commence within three months .... PUMPS. See Water-works. Section, 20 24,25 84 84 43 43 32 141 141 100 124 125 125 126 127 128 132 132 133 133 133 133 134 136 136 136 137 138 139 140 140 140 141 141 124 124 '125 125 137 139 QUAYS, depositing dust, dirt, &c., on - 12 1302 , Index to Indian Act No. 14 of 1856. Section. EEGISTER OF DEATHS owner, &c., of burial ground to keep ... ill to be open for inspection of Commissioners and Eegistrar- G-eneral ....... Ill particulars to be entered in .... .111 REGISTRATION of offensive and dangerous trades - - - 102 REGISTEAE-GENERAL may inspect register of deaths ... Ill RENT word " owner" to in clnde person receiving . - . 2 occupier may deduct expense of removal of projections from 33- what work done by Commissioners not to exceed amount of 3 montbs' ------ 51 occupier may deduct expenses under Act from - - 69 occupier not liable for more than amount of, due - . 70 when occupier may execute works and deduct cost from - 71 Commissioners may charge for ground occupied - - 131 REPRODUCTIVE works, power of Commissioners to execute . - - 6 RESERVOIRS. See Water-works. RIVERS refuse of sewers may be directed into public - . . 47 improving beds of, when so used - - - . 48 ROADS. See Streets and Roads. RUBBISH. See Scavenging. SAGO MANUFACTORY. See Offensive Trades. SALARIES of Municipal OfiBcers ------ 3 SCAVENGING dirt, dust, &c. , to be collected and removed from streets - 10 dust-boxes to be provided by Commissioners - - 11 not using dust-boxes - . . - - 11 depositing dust, dirt, &c., on streets, &o. - - 12 allowing sewage to flow on streeljs - - 13 removal of night-soil - .... 14 Commissioners to provide places for deposit of filth, rubbish, &c. - , ]5 and for keeping cattle, carts, and implements for - - 15 dirt, dust, from streets, houses, &c., to be property of Com- missioners ------- 16 proceeds of sale of dirt, dust, &c., to be applied to purposes of Act .---... ig facilities for, to be provided in erecting new huts - - 22 keeping dirt, dung, &c., in house - - . . 40 ,, same in other than proper receptacle - - 40 ,, receptacle for same in a noxious state - - 40 ,, house in or near street in a filthy state - - 41 sewers and drains may be emptied into sea or public river - 47 refuse from same may be collected and sold - - - 47 reservoirs, engines, works, &o., for sewage to be con- structed - - - . - . 47 bed of river into which sewage is discharged to be improved 48 night-soil not to be put into drains till suitable sewers pro- vided . . - . - 60 throwing I'ubbish, &c., into tanks, aqueducts, &o. - 76 SERVANTS depositing dirt, dust, &c., on streets, landing places, &c. - 12 putting dirt, rubbish, &c., into drains - ■ - - 60 service of notice on owners or occupiers, may be on - - 67 Index to Indian Act No. 14 of 1856. 1303 Section. SEWEES AND DEAINS water from, flowing on streets .... 13 sewerage from, tte property of Commissioners - - 16 obstructing ---.-.. 19 public, vested in Commissioners . ... 44 in, alongside, and under streets and roads, vested in Com- missioners ■ ... 44 Commissioners to make sewers - - - - 45 and may carry them through lands, streets, and premises under streets - - - . - 45 to be repaired, and may be altered and discontinued by Commissioners - - - - ' . 46 ■ but so as not to create a nuisance — substitute - - 46 ^substituted, to be provided - - - 46 TO be kept cleansed and flushed by Commissioners - - 47 may be led into the sea or public river - 47 refuse from, may be collected and sold - 47 bed of river into which contents of, discharged to be im- proved - - ' . - - 48 opening a drain into public, without written consent - 49 no building to be newly erected over - - 50 Comm.issioners may make drains for house not properly drained - - - - - - 51 houses not to be built too low to allow sewage to pass - 52 drains to be made in building under orders of Commis- sioners ..... 53 to be provided with traps - ■ - - 58 pipes for ventilation of, may be flxed to houses - - 59 throwing rubbish, &c., into - - . - 60 branch-drains, &o., in or near streets to be under control of Commissioners - - - 64 dealing with such branch-drains, &c., contrary to orders - 65 inspection and repair of same, how conducted - 66 allowing water from, to flow into aqueducts, &c. - - 76 Comnaissioners may drain ofi" stagnant pools, &c., into sewers - - - - - - 82 in executing works Commissioners to provide substituted drains, &c. - - - - 83 under repair bars to be erected and lighted - - - 88 drains in markets, slaughter-houses, &c. - - 95 SHEEP keeping in or near street - - - 43 premises for same in filthy state - - 43 SHOOTS for carrying rain from roofs of houses - - - 33 SLAUGHTEE-HOTJSES in use to be registered - - _ - " - 91 Commissioners may order discontinuance of - 92 newly set up to be licensed Commissioners may provide places for public and may make bycrlaws for - - ' to be properly drained and cleansed - - - 95 floors and drains ot, to be paved - - 95 notice of defects in - . ' . " " Commissioners may make bye-laws for inspection, manage- ment, &o., of - _ " Commissioners may seize unwholesome food in Magistrate may suspend and revoke license of - - 100 using, when license of, suspended or revoked - 101 SOAP. See Offensive Trades. STATION meaning of word - - " ■ ^ STEAW. See Offensive Trades. 93 94 94 66 69 1304 Index to Indian Act No. 14 of 1856. Section. STEBBTS meaning of word " street " - ... 2 „ " in or near any street ", - - , . . 2 Oommissioners may pnrcliase, &o., land adjoining new - 7 to be cleansed by Oommissioners - - 10 dust-boxes in, to be provided by Oommissioners - - 11 not nsing dust-boxes in - - - - - 11 depositing dust, dirt, &c., on - ... 12 sewage water iiowing on - - - - - 13 ^ removal of night-soil along . - . . 14 dust, dirt, &c., from, to be property of Oommissioners - 16 displacing pavement, post, fences, &c., in - - - 20 persons laying out new, to obey directions as to levels and widths - . - . - - 21 otherwise Oommissioners may alter buildings . - 21 erection of new huts near - - - - 22 existing huts in unwholesome state in or near - - 23 setting forward houses to improve line of - - - 26 setting backward houses projecting beyond line of - - 27 names of, to be put up ----- 28 houses in, to be numbered - - - - - 29 doors, &c., opening on, to open inwards - - - 30, 31 levelling, metalling, paving, &c., private - - . 24, 25 private, may be declared to be public - - .25 owners of houses in, to put up troughs and pipes for water - 32 projections from houses on, how removed - - - 33, 34 and how far permitted as shades - . . - 33 projections in, 25 feet wide ----- 35 walls and roofs of houses in or near, not to be made of inflam- mable materials - . . . . 86 removal of ruinous or dangerous buildings in - - 37 removal of filth from houses in or near ... 40 filthy houses in or near - - - - - 41 keeping swine, sheep, or goats in or near ... 43 Oommissioners may make sewers through, across, or under 45 and through cellars or vaults under .... 45 house in or near, not properly drained ... 51 levels of new houses in or near .... 52 walls, foundations, floors, roofs, of same ... 52A, 52B alteration of frontage of houses in or near - - . 520 drainage of new houses in or near . - . 63 notice of new buildings in or near, to be given - . 54 privies and cess-pools in or near - - - - 64, 66 when broken up, &c., to be restored with speed, and fenced and lighted -----..84 altering situation of gas and water-pipes &o., in - - 85, 86 hoai'ds or fences to be set-up and lighted during repairs or building in- - - - - - -87 during repairs to be barred, &c., and lighted - - 88 ,, houses to be shored up - - 88 building materials not to be laid on, or holes dug in, without permission ---....89 dangerous places in, to be repaired - - - - 90 Oommissioners may charge rent for use of, under sees. 87 and 89'-"- - - - . . 131 STEBBTS AND EOADS. See Streets. meaning of words .-..-. 2 certain public, vested in Oommissioners - - - 5 Oommissioners may make, alter, &c. - - . Q Oommissioners may purchase land for laying out or improv. ing - 8 to be maintained, repaired, and improved by Oommissioners 9 footways in, to be maintained with fences, posts, &o. - 9 removal of night-soil along - .... 14 Index to Indian Act No. 14 of 1856. 1305 Section. STREETS AND ROADS— (Continued). to be watered - - . . . - 17 to be lighted --..... 18 obstructions in, may be removed - - - - 19 temporary erections in, may be allowed - - - 19 trees and hedges bordering, to be trimmed ... 42 cocoanut trees not to be planted within 12 feet of - - 42 sewers, drains, &o., in, vested in Commissioners - - 44 Commissioners, in executing works, to provide substituted ways, &c. --.--.-83 dangerous places to be repaired or enclosed ... 90 discontinued, may be sold by Commissioners - - 130 Srar-SHADES projecting from houses, removal of ■ - - - 33, 34 ,, ,, allowed in certain cases - - 33,35 SWAMPS Commissioners may fill up, injarious to health - - 81 Commissioners may drain off and cleanse, in open places - 82 SWINE keeping in or near street - . . - . 43 premises for same in filthy state .... 43 TALLOW. See OS"ensive Trades. TANKS. See Water-works. TANNERY. See Ofiensive Trades. TOWN meaning of word .-..-- 2 TROUGHS for conveying water from the roof to be put up . - 32 URINALS. See Necessaries. VAULTS. See Burial Ground. VENTILATION huts to be erected so as to secure - - - 22 sewers to be provided with traps, &c., to secure - - 68 of sewers, pipes may be fixed to houses for - - - 59 VERANDAHS. See Sun-shades. WATER aqueducts, works, &c., for supply of, to be constructed and maintained - - - ' i / ■ ' Commissioners to provide works to secure supply ot, m case of fire -------75 fouling, by bathing, washing, throwing rubbish, &o. - 76 „ by offensive trades ----- 77 taking, unlawfully - ■ - '.-ij" ' „? tanks of, for bathing, washing, &c., to be provided - - 79 Commissioners may make bye-laws regulatmg use of _ - 80 may fill up private, waste, or stagnant, in- iurious to health - - ■ . ." " , " ^J Commissioners may drain off receptacles ot, m open places - 82 supply of, for cleansing to be provided by owner of market, &c. - 95 1306 Index to Indian Act No 14 of 1856. Section. WATEE-WORKS to be provided for watering streets and roads - ■ IT' obstructions to — removal of — penalty for ... 19 public, to vest in Commissioners .... 73 construction and maintenance of - - - - 74 ,, ,, to supply water in cases of fire -------- 5 penalty for injury to - - - - - - 78 Commissioners may alter situation of, in streets . - 85 if owners, &o., neglect to make alterations in. Commissioners may do so - - - - . - 86 dangerous tanks, wells, boles, &c., to be filled up - - 90 WEATHBR-FKAMES. See Sun-shades. WHITEWASH Commissioners may give notice to - - - - 1 A WELLS. See Water- works. WOOD. See Offensive Trades. WORKS. See Executing Works. ZENANAS entry into, for inspection of drains, &c. - - - 66 Indian Act No. 25 of 1856. 13()7 Act No. 25 of 1856. Recites expediency of consoliiJating the law herein. 1. Provisions of this Act to apply whenever not expressly excluded by special 2. Appointment, &c., of officers by Commissioners. 2a. Commissioners may make rules for the duties of officers. 3. Assessment to be as foUov/s : 4. Estimated gross annual rent to be annual value of house, &c., not including machinery, except where machinery is on land for manufacturing produce. 5. Commissioners to make yearly valuation. Valuation, how to be registered. 6. When name unknown, " owner " or " occupier" to suffice. 7. Measures to be taken by Commissioners to obtain valuation. Obstructing Commissioners ; penalty, to two hundred Rupees. » 8. Valuation, how to be published and advertised. Refusing to permit owner or occupier or agent to inspect book of registry and make extracts; penalty, to fifty Rupees. 9. How notice of assessment to be given : how complaints to be made and adjudicated ; 10. And assessment made for current year. 1 1. Assessment may be amended. 12. Old assessment and old book may be adopted or altered, so that notice be given. . • 13. Taxes on vehicles and animals to be assessed as follows : 14. List of persons with their liability to be kept in public book. 16. Public to fill up and return schedules when sent. Refusing or neglecting or falsifying ; penalty, to two hundred Rupees. 16. Commissioners may summon any party or his ser^'ant and examine as to liability. Refusing to attend or answering falsely; penalty, to two hundred Rupees. 17, 18. Appeals against assessment. 19. If no appeal assessment conclusive. 20, 21, 22, 23, 24, 25, 26. Rate, how recoverable by distress and sale. 27. Commissioners may sue instead of distress. 28. Notices, &c., how to be served. 29. Formal errors in assessment or demand not to vitiate. 30. Obstructing Commissioners or their servants ; penalty, to fifty Rupees. 31. Officer receiving or attempting to get unauthorized gratuity, or being interested in any contract of Commissioners ; penalty, dismissal and incapacity for employment by Commissioners, and fine to five hundred Rupees. 32. One month's notice of action against Commissioners or any one acting under their direction. 33. Receipts and disbursements to be yearly published and audited. 34. Summary of municipal convictions to be furnished to Commissioners, monthly. 35. Commissioners may mortgage rates with Government sanction, to defray cost of permanent works and to an amount not exceeding ten times average annual collection. 36. Interpretation clause. 1308 Indian Act No, 25 of 1856. PreamWe. Application of Act. Appointment of officers. Commissioners may make rules for the duties of officers. Assessment upon annual value of pro- perty. Annual value ho-w to be as- certained. An Act to comprise in one Act the provisions necessary for the assessment and collection of municipal rates and taxes in the Towns of Calcutta, Madras, Bombay, and the several stations of the Settlement of Prince of Wales' Island, Singapore, and Malacca.* [19th December, 1856.] Whekeas it is expedient to comprise in one Act the provisions necessary for the assessment and collection of certain rates and taxes to be imposed by special Acts for the , Settlement of Prince of Wales' Island, Singapore, and Malacca, for raising funds for Municipal purposes, It is enacted as follows : — 1. The provisions of this Act, save so far as they may be expressly varied or excepted by the special Actj for the said Settlement, shall apply to tlie assessment and collection of. the rates and taxes imposed by such special A.ct, and to the Commissioners appointed thereby for the conservancy and improvement of any station of the said Settlement : and such special Act, and such provisions of this Act as shall not be expressly varied or excepted by the special Act, shall be construed together as forming one Act. 2. The Commissioners may from time to time appoint such officers as they shall think necessary and proper to assist in the execution of this and the special Act, and may from time to time remove any of such olficers, and appoint others in their places, and may, with the sanction of the local Government, pay such salaries and allowances to the said officers resj)ec- tively as the Commissioners shall think reasonable. Provided that no person shall be appointed to or removed from any office, the monthly salary of which exceeds two hundred Rupees without the sanction of the local Government. 2 a. It shall be lawful for the Commissioners, from time to time, to m.ahe rules for regulating the duties to be performed by their Secretary and other officers under this and the special Act,'\ arid under the Act JVo. Ilf. of 1S56. Such rules shall not be inconsistent with the provisions of this Act and of Act 27 of1§56, and shall be subject to the approval of the Governor, and when so approved shall be published in the Government Gazette, and shall have the force of law as if embodied in this Act. 3. The rate or rates imposed upon houses, buildings, and lands according to the annual value thereof in the said Settlement, by the special Act, shall be assessed in the manner herein-after provided. 4. The estimated gross annual rent at which the houses, buildings, and lands liable to the rate might reasonably be expected to let from year to year shall, for the purposes of the rate, be held and deemed to be the annual value of such houses, buildings, and lands. The value of a house or building so estimated shall not include the value of any machinery con- tained therein, but in estimating the annual value of any land on which * Section 27 of this Act, having been repealed by the Municipal Ordinance, 1875 (Ordinance II. of 1875), is omitted. The remaining omissions are of such parts of the Act as affect only the Towns of Calcutta, Madras, and Bombay. The amendments in italics were added by Ordinance III. of 1879. The provisions of this Act relating to the recovery of money due for rates are made applicable to the recovery of all monies receivable under the Penang Water-rate Ordi- nance, 1868 (Ordinance XX. of 1868), and tmder the Singapore Water-rate Ordinance, 1877 (Ordinance IX. of 1877). See sections 16 and 19 respectively of those Ordi- nances. t See Act 27 of 1856, sec. 3. Indian Act No. 25 of 1856. 1309 machinery is employed for manufacturing the produce of such land, it shall be lawful to take into consideration the enhanced value given to such land by the presence of such machinery. 5. For tlie purpose of such assessment as aforesaid, tlie Commissioners Valuation to shall from year to year cause a valuation to be made of all houses, bliild- ^^ raa.ie and ings, and lands liable to the rate. Such valup,tion, estimated as herein- ^^^^^ '" before provided, shall be entered in a book to be kept at the office of the ^ "" ' Commissioners, wherein shall also be written in distinct columns the name of the owner oE the property ; or, if the occupier, and not the owner, is the person liable to pay the rate, the name of the occupier ; a designation of the property either by naiiie or number suffi-cient to identify the same, together with the name of the street or district in which such property is situate, and the amount of the rate assessed thereon. 6. When the name of the owner or occupier is not known, it shall be Description of sufficient to designate him in the said book, and also in any notice or other °?™^J °^ °'''"^" proceeding under this Act, as " the owner " or " the occupier " of the unknown™^ property on which the rate is assessed without further description. 7. In order to enable the Commissioners to arrive at a fair valuation of Eetums may any houses, buildings, or lands liable to the rate, it shall be lawful for the ^^ required Commissioners to require the owner or occupier of such houses, buildings, °^ P^T"^^ or lands to furnish them with returns of the rent or annual value thereof; and for the like purpose, it shall be lawful for the Commissioners, or any person or persons appointed by them for that purpose, at any time to enter Power to and inspect such houses, buildings, or lands after having given forty-eight enter houses, hours' previous notice of such their iutention to the occupier thereof ; and *"• whoever refuses or fails to furnish any such return for the space of one week from the day on which he shall have been required so to do, or knowingly makes a false or incorrect return ; and whoever hinders, obstructs, or prevents any one of the Commissioners or any person ap- pointed by them as aforesaid from entering or inspecting any such houses, buildings, or lands, shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred Eupees. 8. When the valuation has been completed, the Commissioners shall Public notice give public notice thereof, and of the place where the said book containing "* valuation the valuation and the rat6 assessed, or a copy of the said book, may be ° ^ given, inspected, in the Government Gazette (if any), and by advertisement in some newspaper circulating within the .... station, and also by placards posted up in conspicuous places throughout the same ; and the person in whose custody such book may be shall permit every person claiming to be the owner or occupier of property included in the assessment, or the agent of such owner or occupier, to inspect the book and to make extracts there- from without payment of any fee ; and any such person who wilfully neglects or refuses to permit the same, shall be liable, on conviction before a Magistrate, to a penalty of fifty Eupees. 9. The Commissioners shall, at the time and in the manner in the pre- Notice of time ceding Section mentioned, give public notice of a day, not being less than of revising fifteen days from the publication of such notice, when they will proceed to assessment, revise the said valuation and assessment ; and in all cases in which any property is for the first time assessed, or in which the valuation of any property previously assessed is increased, shall give special notice thereof to the owners or occupiers of such property. All complaints against such valuation and assessment shall be made on or before the day fixed in; the notice ; and all complaints so made shall be enquired into by the Commis- sioners, and such amendments shall thereupon be made in the said book as to the Commissioners shall appear just and proper. 1310 Indian Act No. 25 of 1856. After revision, assessment book to be signed. Bate assessed to be deemed the rate for the ■whole year. Alteration or amendment of assessment. New assess- ment book need not be prepared yearly. Taxes upon vehicles and animals. List of persons liable to the tax to be entered in a book. Ueturns may be required for purpose of making list. Power to summon per - sons liable to ithe payment of the taxes. 10. After the complaints have been enquired into, and after the revision of the valuation and assessment has been completed, the amendments made in the said book shall be authenticated by the signatures of two of the Commissioners, who shall at the same time certify under their signatures that no valid objection has been made to the valuation and assessment in the said book enteVed, except in the cases in which amendments have been made as shown therein ; and thereupon, and subject to such alterations and amendments as may thereafter be duly made, the rate so assessed shall be deemed to be the rate for the whole year in and for which the assessment is made, and such year shall commence on the 1st day of January. 11. Provided always, that the Commissioners, upon the representation of parties or other information, may at any time amend the said book by inserting therein the name of any person whose name ought to be so in- serted, or any property liable to the rate; or by striking out the name oE any person or any property not liable to the rate, or by reducing the amount of the rate : and in all cases in which any property is inserted as liable to the rate, the amendment shall be considered to have been made at the time when the person interested first received notice thereof. 12. It shall not be necessai^y to prepare a new book every year, but the Commissioners may adopt the valuation and assessment contained in the book for the preceding year, with such alterations as may, in particular cases, be deemed necessary, as the valuation and assessment for the year following. Provided always, that public notice of such valuation and assessment shall be given in the manner prescribed in Section 8 of this Act ; and the provisions of the said Section and of the three following Sections shall be applicable to the said valuation and assessment, and to the book or books in which it is contained. 13. The taxes imposed upon vehicles and animals in .... . the said Settlement by the special Act, shall be assessed in the manner herein- after provided. 14. The Commissioners shall, from, time to time, cause to be prepared and entered in distinct columns in a book to be kept at the office of the Commissioners, an^ to be open to the inspection of any pei'son interested therein, a list of the persons liable to the payment of such taxes, a descrip- tion of the vehicles and animals in respect of which they are liable, and the amount of the taxes assessed thereon. 15. In order to enable the Commissioners to make such list, the Com- missioners, or any oilicer authorized by them, may send to all persons supposed to be liable to the payment of such taxes a schedule to be filled up with such information respecting the vehicles and animals kept by them as the Commissioners' may judge necessary for the assessment of the taxes. The schedule shall ho filled up in writing, and signed, and dated, and returned to the office of the Commissioners by every person to whom it is sent, whether or not liable to the payment of such taxes; and whoever refuses, neglects, or omits, duly to fill up and return such schedule within one week from the receipt thereof, or knowingly gives therein any incorrect or false return, shall be liable, on con^•iction before a Mngistrate to a penalty not exceeditig two hundred Eupees. 16. The Commissioners may summon any person supposed to be liable to the payment of such taxes, or any servant of such person, and may examine such person or his servant as to the number and description of the horses and • carriages in respect of which such person is liable to be assessed. If the person summoned shall, without lawful excuse, fail- to appear in pursuance of the summons, or shall refuse to answer any lawful question of the Commissioners, or knowingly give an incorrect answer he Indian Act No. 25 of 1856. 1311 shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred Rupees. 17. Appeals against any rate or tax assessed under the provisions of Hearing of this or the special Act, shall be heard and determined appeals. in the said Settlement by Her Majesty's Court of Judicature. But no such appeal shall be heard, unless the amount of the rate or tax has been deposited with the Commissioners ; and no appeal against a rate assessed by the Commissioners under Section 10 shall be heard, unless complaint has been previously made to the Commissioners as herein-before provided. The mode of proceeding in such appeals shall be the same as that pre- scribed for the determination of matters referred to two Magistrates, by Act 14 of 1856, or as near thereto as may be. Provided that such Magis- trates may, if they shall think fit, state a case for the opinion of the Supreme Court. 18. Every such appeal shall be commenced within ten days after the Time of accrual of the cause of complaint, which shall, in 'i-espect of any rate, be appeal, deemed to accrue on the date of the certificate of the Commissioners in the said book, or, in case of any subsequent amendment of the said book under the provisions of Section 11, upon the receipt by the person aggrieved of notice of such amendment ; and in respect of any tax, the cause of com- plaint shall be deemed to accrue upon the receipt by the person aggrieved of a bill for the sum claimed from him, 19. The assessment by the Commissioners of any rate or tax, when no If no complaint, appeal therefrom is made as herein-before provided, and the adjudication of ^^^' &c.,to be any appeal under Section 17, shall be final and conclusive. °^ ' 20. When any rate or tax is due, the Commissioners shall cause to be Torm of bill presented to the person liable to the payment thereof a bill for the sum due, to ^^ presented, which shall also contain a statement of the period and a description of the property or thing for which the rate or tax is charged. If the bill be for any tax, it shall also contain a notice of the time within which an appeal against such tax may be preferred. 21. If the bill is not paid by the person liable to pay the same within Notice on five days from the presentation thereof, the Commissioners may cause to be demand, served upon such person a notice of demand in the form (A) contained in the Schedule to this Act, or to the like effect ; and if he shall not, within five days from the service of such notice of demand, pay the sum due, or show sufficient cause for non-payment of the same to the satisfaction of the Commissioners, and if no appeal shall have been preferred, such sum with Distress. aU costs may be levied by distress and sale of the goods and chattels of the defaulter, or if the defaulter be the occupier of any house, building, or land in respect of which a rate is due, by distress and sale of any goods and chattels found on the premises, under a warrant in the form (B) in the Schedule, or to the like efi'ect, to be issued for that purpose by the Com- missioners. 22. The officer charged with the execution of the warrant of distress Inventorj-— shall make an inventory of the goods and chattels seized under any such notice of warrant, and shall at the same time give a notice in writhig, in the form (C) distress, contained in the Schedule annexed to this Act, to the person in possession thereof at the time of the seizure, that the said goods and chattels will be fiold as therein mentioned. 23. If the warrant is not in the meantime discharged or suspended by the Sale. Commissioners the goods and chattels seized shall be sold under the orders of the Commissioners, who shall apply the proceeds, or such part thereof as may be necessary, in discharge of the said arrears and costs ; and the surplus, if any, shall be returned on demand to the person in possession of the gooda and chattels at the time of the seizure. The fees payable upon 1312 Indian Act No. 25 of 1856. Fees. Goods of defaulter wherever found may be distrained. Bate due from owner may be re- covered from occupier and deducted by him from rent. Distress not unlawful for want of form. distraints under this Act shall be such as are set forth in the Table of Fees in the said Schedule. 24:. The goods and chattels of any person from whom any rate or tax is due may be distrained, wherever the same may be found, for default in the payment of the money due from such person. 25. If the sum due on account of any rate from the ovsrner of any house, building, or land remains unpaid, after notice of demand has been duly served, the Commissioners may demand the amount from the occupier for the time being of such house, building, or land, and on non-payment thereof, may recover the same by distress and sale of any goods and chattels found on the premises; and, in such case, the occupier may deduct from the next and following payments of his rent the amount vs^hich may be so paid by or recovered from him. Provided that no arrear of rate vrhich has remained due from the owner of any house, building, or land, for more than one year, shall be so recovered from the occupier thereof. 26. No distress levied by virtue of this or the special Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the notice, schedule, summons, notice of demand, warrant of distress, inventory, 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 in any Court of competent jurisdiction. Service of notices. Proviso. Assessment, &c., not to be impeached for want of form. Obstruction of Commissioners or their ser- vants. Penalty on officer taking fees or being interested in contiacte. 28. Every notice, schedule, summons, or notice of demand regarding any assessment, rate, or tax, or any money due in respect of the same, may be served personally upon the person to whom the same is addressed, or be left at his usual place of abode with some adult male member or servant of his family, or, if it cannot be so served, may be put up on some conspicuous part of such place of abode, ahd shall thereby be deemed to be duly served. Provided that, if the place of abode of the owner of any house, building, or land in respect of which a rate is assessed be unknown, or if the owner of any such house, building, or land be not resident within the limits of the Station, every such notice, summons, or notice of demand shall be deemed to be duly served if put up on some conspicuous part of the house, building, or land in respect of which the rate is assessed. 29. No assessment and no charge or demand of rate or tax, made under the authority of this or the special Act, shall be impeached or affected by reason of any mistake in the name of any person liable to pay the rate or tax, or in the description of any property or thing liable to rate or tax, or any mistake in the amount of assessment, provided the directions of this Act iand of the special Act be in substance and effect complied with : and no proceedings under this or the special -Act shall be quashed or set aside for want of form in any Court of Justice. 30. Whoever wilfully obstructs or molests the Commissioners, or any of them, or any of their officers or servants in the performance of their respective duties under this Act, shall be liable, on conviction before a Magistrate, to a penalty not exceeding fifty Rupees. 31.* Every officer employed by the Commissioners to assist in the execution of this and the special Act, who accepts, or obtains, or attempts to obtain, any fee or gratuity whatsoever, other than his authorised salary or allowances, for doing or forbearing to do any official act ; or who shall * Sections 31 and 32 are to be read as part of the Penang Water-rate Ordinance, 1868, (Ordinance XX. of 1868). See section 16 of that Ordinance. Indian Act No. 25 of 1856. 1313 be io any wise concerned or interested in any bargain or contract made by the Commissioners, shall be removed from his office, and shall be incapable of being afterwards employed by the Commissioners, and shall be liable, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees. 32.* No action shall be brought against the Commissioners, or any of No writ or their officers, or any person acting under the direction of the Commissioners, process to be for a.ny thing done or intended to be done under the powers of this or the Commisioncrs special Act, until the expiration of one month next after notice in writinsj q^ ^^^^j. officer shall have been delivered or left at the office of the Commissioners, or at until after one the place of abode of such person, explicitly stating the cause of action, and month's notice the name and place of abode of the intended plaintilf, and of his attorney °^ °^^^^ °^ or agent in the cause ; and upon the trial of any such action, the plaintiff ^°*^°'^- shall not be permitted to go into evidence of any cause of action, except such as is stated in the notice so delivered ; and unless such notice be proved, the Court shall find for the defendant ; and every such action shall be commenced within three months next after the accrual of the cause of action, and not afterwards ; and if any person to whom any suQh notice of action is given shall, before action brought, tender sufficient amends to the plaintiff' such plaintiff shall not recover in any such action when brought; and if no such tender shall have been made, it shall be lawful for the defendant in such action, by leave of the Court where such action shall be pending, at any time before issue joined, to pay into Court such sum of money as he shall think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court. 33. The Commissioners shall, as soon after the first day of January in Commissioners every year as may be practicable, prepare a detailed statement showing the t° P"^,^'"]^ nature and amount of the receipts and disbursements on account of the ^g^t^^ Municipal Fund for the past year, and also a report of their proceedings during that year; and such statement and report shall be printed and published for general information. The accounts of the said funds Audit of shall be audited annually by such person as the Local Government shall accounts, appoint. 34. For better enabling the Commissioners to ascertain the amount of Summary of fines and penalties payable to them on account of the Municipal Fund under ^°'^^'^°^^" the provisions of Act 14 of 1856, or of the special Act, or of any other law, ^ theCommis- there shall, in every month, be furnished to them, by the authority adjudi- gjoners. eating the same, a summary of all convictions under the said Acts or under any such other law, during the preceding month. 35. It shall be lawful for the Commissioners, with the sanction of the Mortgage of Local Grovernment, to borrow and take up at interest, on the credit of the rates, rates and taxes imposed and levied on account of the Municipal Fund under the special Act or any other Act passed in that behalf, or of a, portion of them, any sums of money necessary for defraying any expenses incurred or to be incurred by them in the execution of any such Act or of Act 14 of 1856; and for the purpose of securing the repayment of any sums so borrowed, together with such interest as aforesaid, the Commissioners may mortgage and assign over, to the person by or on behalf of whom such sums shall be advanced, the rates and taxes or the portion of them upon the credit of which such sums shall be borrowed. Provided always, that the money borrowed under the authority of this Act shall be borrowed only tor works of a permanent nature, and shall not at any time exceed in the whole * Sections 3 1 and 32 are to be read as part of tlie Penang Water-rate Ordinance, 1868, (Ordinance XX. of 1868). See section 16 of that Ordinance. 4 o 1314 Indian Act No. 25 of 1856. Interpreta- tion. ten times the average annual sum received and collected on account of the Municipal Fund. 36. The following words and expressions in this and the special Act shall have the meanings hei'eby assigned to them, unless there be something in the subject or context repugnant to such construction : — The word " Magistrate " shall mean any Magistrate of Police acting for the place where the matter requiring the cognizance of a Magistrate arises. " Station." " Owner." Ifumber. Gender. " Person." The word " Station '' shall mean any o^e of the Stations of Prince of Wales' Island, Singapore, and Malacca, and the dependencies thereof. The word " Owner " shall mean the person for the time being receiving the rent of the land or premises in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such land or premises were let to a tenant. Words importing the singular number shall include the plural number and words importing the plural number shall include the singular number. Words importing the masculine gender shall include females. The word " person " shall include a corporation. SCHEDULE. Notice of Demand. Take notice that the Muaicipal Commissioners demand from yon the sum of _ due from* (yon) as owner (or occupier) of (here describe the property or thing upon which the rate or tax is imposed) for the months of 185 . ^^^ that, if the sum due is not paid into the said Commissioners' Office at , or if sufficient cause for the non-payment of the sum is not shown to the Commissioners within five days from the service of ' this notice, a warrant of distress will be issued for the recovery of the same with costs. (Signature of one of the Municipal Com- missioners). Date B Distress Warrant. To (here insert the name of the officer charged with the execution of tho warrant). Whebeas of 1^ not paid or shown sufficient cause for the non-payment of the sum of ^^ Rupees due for the rates (or taxes) (or rates and taxes) mentioned in the margin for the months ( ) 185 , although the said sum has been duly demanded m writing from the said ( \ ^ ' In the case of a demand under Section 25 state that notice of demand has been served upon the owner, and that the sum due remains unpaid. (Footnote to origina" Indian Act No. 25 of 1856. 1315 five days have elapsed since the service of the notice of demand : This is to command you to distrain the goods and chattels of the said ( ) (or, as the case may be, any goods and chattels found on the premises referred to) to the amount of the said sum. of Rupees, and such further sum as may be sufficient to defray the charges of taking, keeping, and selling such distress ; and if, within five days next after such distress, the said sum shall not be paid, together with such' further sum as may be sufficient to defray the charges of taking and keeping such distress, to sell the said goods and chattels ; and having paid and deducted out of the proceeds of the said sale the said sum of Rupees and the charges of taking, keeping, and selling such distress, to return the surplus, if any, on demand, to the person whom you shall find in possession of the said goods and chattels. If sufficient distress cannot be found of the goods and chattels of the said , you are to certify the same to us together with this warrant. (L.S.) The Municipal Commissioners. And signaiture of one of the Municipal Commissioners. c Form of Inventory and Notice. State Pabticulaes op Goods Seized. Take notice that I have this day seized the goods and chattels specified in the above inventory for the sum of . Rupees due for the rates (or taxes) mentioned in the margin for the months of 185 ; and that, unless you pay into the Office of the Municipal Commissioners the amount due, together with the costs of this distress, within five days from the day of the date of this notice, the goods and chattels will be sold. (Signature of the officer executing the warrant of distress.) Date T Government to cancel, &c., certificates in specified cases. (83) Authorises summary punishment of seamen for specified offences of nine kinds ; (84) Offences to be noted in log-book, and log-book to be produced in evidence. (85) Rules of discipline to extend to all seamen whom Master is obliged to take, &c. (86) Master, &c., may arrest deserters^ &c., for purpose of bringimg them before Court j and (87) Court may send them on board ship, &c., instead of to prison, &c., or (88) from prison on board, &c. (89) Entry in log of desertion to be sent to ship'a port, and to be evidence ; (90) Prescribes what evidence of desertion shall be sufficient on question of wages. (91) permits application of wages to costs of prosecution. (92) Wages for desertion to be forfeited pro ratfi, and .(93) Prescribes application of effects in case of forfeiture. (94) Criminal proceeding not to bar forfeiture. (95) Prescribes penalty for false statements by seamen. (96) Fines stipulated for in agreement to be deducted and paid to Shipping Master, &c. (97) Prescribes penalty on persons persuading seamen to desert, &c., and (98) on persons secreting themselves on board ship, &c. (99) Masters on leaving to- deliver ship's papers, &c., to successor. 100 — 102. Enquiries into Wrecks. — (100) Describes the oases which Civil Officers are bound to report, and authorises the Local Government to appoint and inquire into them. (101) Gives powers to persons appointed to inquire, who (102) are to report to Governriient. 103 — 110. Official Logs. — (103) Official log to be kept in prescribed form, in which (104) every entry is to be made immediately after occurrence. (105) Prescribes entry of certain specified matters ; and (106) how those entries to be signed. (107) Defines ofi'ences in respect of Official logs and attaches penalties ; (108) Mate's entries evidence; (10.9) Directs delivery of log to Shipping Master after voyage ; and (110) log to be sent home if ship transferred. Ill — 118. Miscellaneous. — (HI) Makes old depositions evidence in speci- fied cases. (112) All offences punishable by fine may be tried by Magistrate; (113) Penalties may be levied by distress and sale, &c. (114) Act not to extend to Her Majesty's ships or ships of Foreign States or to Foreign ships, (115) Foreign ships to engage seamen after manner prescribed by this Act, and Master and surety to give bond for performance : and (116) same fees payable as by British ships (117) Prescribes penalty on Master of Foreign ship contravening this Act.' (118) Interprets words, "India," "Local Government," "Home-trade ship," " Foreign-going ship," " Master," " Seaman," &c. Table A. Fees. Table B. Deductions from wages. An Act for the amendment of the. law relating to Merchant Seamen.* [25th January, 1859.} Preamble. Whereas the law for the registry of seamen and the grant of Eegister Tickets has been found to be ineifective for the purposes intended ; and ■whereas by Section 288 of an Act of the Imperial Parliament called " The ^^m ^ ^'°'" J'*^®''*^"* Shipping Act 1854," it is enacted that, " if the Governor General * The provisions of this Act as amended by Indian Act 15 of 1803 (which Act is to he read with and taken as part of this Act), were extended to ships belonging to, or in the employment of, the Government of the Colony by the Colonial Ships' Merchant Seamen's Act, 1867 (Act XXVIII. of 1867), Section 1, and Rule 1 of Section 32 have had their effect. Sections 17, 21, 81, and 82, were repealed by Indian Act 15 of 1863. Indian Act No. 1 of 1859. 1337 of India in Council, or the respective Legislative Authorities in any British possession abroad, by any Acts, Ordinances, or other appropriate legal means, apply or adapt any of the provisions in the Third Part of this Act contained to any British ships registered at, trading with, or being at any place within their respective jurisdictions, and to the owners, masters, mates, and crews thereof, such provisions, when so applied and adapted as afore- said, and as long as they remain in force, shall in respect of the ships and persons to which the same are applied be enforced, and penalties and punishments for the breach thereof shall be recovered and inflicted through- out Her Majesty's dominions, in the same manner as if such provisions had been hereby so adapted and applied, and such penalties and punishments had been hereby expressly imposed." And whereas it is expedient to dis- continue the practice of registry and the grant of Register Tickets, and to apply to ships registered at, trading with, or being at any Port or place in India, certain provisions of the Third Part of the said Act with such adaptations and modilications as are required, and for the purposes afore- said to repeal ths laws now in force in India relating to Merchant Seamen : It is enacted as follows : — Shipping Offices. 2. A Shipping Office shall be established at each of the Ports of Calcutta, Shipping^ Madras, and Bombay, and at such other Ports as the Governor General of Offices. India in Council shall hereafter deem necessary. For every such Office there shall be a Superintendent, to be called a " Shipping Master." with such necessary Deputies, Clerks, and Servants, at such salaries, and subject to such regulations, as the local Government shall from time to time, with the sanction of the Governor General of India in Council, direct and appoint. Every act done by or before any Deputy duly appointed shall have the same effect as if done by or before a Shipping Master. 3. The local Government shall have power to appoint and remove such "^^^^Q^'ai^nd*' Shipping Masters and Deputies, who shall respectively be subject to the control of control of that Government or of any intermediate authority which it may shipping appoint. Masters and Deputies. 4. It shall be the general business of Shipping Masters appointed under Business of this Act, to superintend and facilitate the engagement and discharge of Shipping seamen in manner hereinafter mentioned, to provide means for securing Masters. the presence on board at the proper times of men who are so engaged, and to perform such other duties relating to merchant seamen and merchant ships as are hereby or under the said Merchant Shipping Act 1854, or as 17 & 18 Vict. may hereafter under the powers herein contained, be committed to them. >=■ !"*• It shall also be the duty of Shipping Masters to give to all persons desirous of apprenticing boy& to the sea-service, and duly authorized so to do by Act 19 of .1850 (concerning the binding of apprentices), and also to masters and owners of ships requiring apprentices, such assistance as may be in their power for facilitating the making of such apprenticeships. 5. Such fees, not exceeding the sums specified in the Table marked (A) Tees to he in the Schedule to this Act, as are from time to time fixed by the local P^'fjP^^^ Government, shall be payable upon all engagements and discharges effected j^„||igj,jja j, before Shipping Masters as hereinafter mentioned. Scales of the fees payable for the time being shall be conspicuously placed in the Shipping 'Offices ; and all Shipping Masters, their Deputies, Clerks, and Servants may refuse to proceed with any engagement unless the fees payable thereon are first pa'd. 1338 Inbian Act No. 1 of 1859. Fees by whom 6. Every owner or master of a ship engaging or discharging any seaman to be paid, &c. jjj g^ Shipping Office or before a Shipping Master, shall pay to the Shipping Master the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct in respect of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged, and retain, any sums not exceeding the sums specified in that behalf in the Table marked (B) in the Schedule hereto. Provided that, if in any cases the sums which the owner is so entitled to deduct, exceed the amount of the fee payable by him, such excess shall be paid by him to the Shipping Master in addition to such fee. 7. Any Shipping Master, Deputy Shipping Master, or any Clerk or Servant in any Shipping Office, who demands or receives any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant ship, excepting the lawful fees payable under this Act, shall for every such offence incur a penalty not exceeding two hundred Rupees, and shall also be dismissed from his office. Business of 8. The local Government may direct that, at any place at which no ShippiBg Office separate Shipping Office is established, the whole or any part of the business may be pf the Shipping Office shall be conducted at the Custom House, or at the CuSom Hmuse ^^^^ °* *^® Master Attendant or Harbour Master, or at such other Office or elsewhere. ^^ *^® Government shall direct, and thereupon the same shall be there con- ducted accordingly ; and in respect of such business such Custom House or Office as aforesaid shall for all purposes be deemed to be a Shipping Office, and the Officer of Customs or other Officer there, to whom such business is committed, shall for all purposes be deemed to be a Shipping Master within the meaning of this Act. Penalty on Shipping Master taking other remu- neration. Examinations. Local Govern- ment to appoint ' examiners. Bules for conduct of examination. Fees. Certificates of competency. Examinations and Ceetificates of Masters and Mates. 9.* Examinations shall be instituted for persons who intend to become masters or mates of Foreign-going ships or of Home-trade ships of a burden exceeding three hundred tons, or who wish to procure certificates of com- petency herein-after mentioned. 10.* The local Government or any Board or Officer duly authorized by the local Government in that behalf shall from time to time nominate two or more competent persons for the purpose of examining the qualifications of the applicants for examination. The local Government may, with the sanction of the Governor General of India in Council, make rules for the conduct of such, examinations and as to the qualifications to be required; and such rules shall be strictly adhejred to by all examiners. Fees at the following rates shall be paid by all applicants for examination : — For a certificate as Master ■ Ditto ditto as Mate 10 Rupees. 5 „ 11.* The local Government or such Board or Officer as aforesaid shall deliver to every applicant who is reported by the examiners to have passed the examination satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability, and general good conduct on board ship, a certificate (herein-after called a " certificate of competency ") to the effect that he is competent to act as master or mate of a Foreign-going ship or » Certain ships are exempted from the application of Sections 9 to 16 by Indian Act l5of 1863, s. 2. Indian Act No. 1 op 1859. 1339 of a Home-trade ship of a burden exceeding three himdred tons, as the case may be. 12.* Certificates of service differing in form from certificates of com- Certificates of petency shall be granted as follows (that is to say) — service. 1. — Every person who before the passing of this Act has served as master in the Eritish merchant service or as master of any Foreign-going ship registered under Act 10 of 1841, or who has attained or shall attain the rank of Lieutenant, Master, passed Mate, or second Mate, or any higher rank, in the service of Her Majesty or of the East India Company, shall be entitled to a certificate of service as master for Foreign-going ships. 2 — Every person who before the passing of this Act has served as mate in the British merchant service or as mate of any such ship as aforesaid shall be entitled to a certificate of service as mate for Foreign-going ships. 3. — ^Every person who before the passing of this Act has served as master or mate of a Home-trade ship of a burden exceeding three hundred tons, shall be entitled to a certificate of service as master or mate (according to such previous service) for such Home-trade ships. And each of such certificates of service shall contain particulars of the name and of the length and nature of the previous service of the person to whom it is delivered ; and the local Government or such other authority as aforesaid shall deliver such certificates of service to the various persons so respectively entitled thereto upon their proving themselves to have attained such rank or to have served as aforesaid, and upon their giving a full and satisfactory account of the particulars aforesaid. 13.* No Foreign-going ship or Home-trade ship of a burden exceeding JSo Foreign- three hundred tons shall go to sea from any Port in India unless the master going ship and and one officer besides the master have obtained and possess vahd and "^^''•?'®'*'^3qq appropriate certificates either of competency or service under this Act or ^^^P to mf to under the Merchant Shipping Act, 1854 ; and whoever, having been gea -without engaged to serve as master or mate, goes to sea as aforesaid as such master certificated or mate without being at the time entitled to and possessed of such a certifi- master, &c. cate as herein-before required, and whoever employs any person as such 17 & 18 Vict, master or mate without ascertaining that he is at the time entitled to and e. 104. possessed of such certificate, shall for each such offence be liable to a penalty of five hundred Rupees. 14.* Every certificate of competency for a Foreign-going ship shall be Certificates for deemed to be of a higher grade than the corresponding certificate for a Foreign-going Home-trade ship, and shall entitle the lawful holder thereof to go to sea in ships available the corresponding grade in such last mentioned ship; but no certificate for *°^^-^°^pg a Home-trade ship shall entitle the holder to go to sea as master or mate of *^ " a Foreign-going ship. 15.* All certificates, whether of competency or service, shall be made in Eecord of duplicate • and one part shall be delivered to the person entitled to the grants, can- certificate,' and the other shall be kept and recorded as the local Government =^|J~' f"'' shall direct A note of all orders made for cancelhng, suspendmg, altermg, °^ ceriincates. or otherwise affecting any certificate in pursuance of the powers herein contained, shall be entered in the record of certificates. 16.* Whenever any master or mate proves to the satisfaction of the local Loss of Government or such other authority as aforesaid that he has, without fault certificatie. on his part, lost or been deprived of any certificate already granted to him, * See footnote opposite. 134a Indian, Act. No 1 of 1859. a copy of the certificate to which by the record so kept as aforesaid he appears to be entitled, shall be delivered to him, and shall have all the effect of the original. Licenses to procure Penalties. For supplying seamen with- out license. For employing unlicensed persons. For receiving seamen illegally supplied. Penalty for receiving remuneration from seamen for shipping them. Engagement op Seamen. 18. The local Government, or any Board or Officer duly authorized by the local Government in that behalf, may grant to such persons as may be deemed fit, licenses to engage or supply seamen for merchant ships, to con- tinue for such periods, to be upon such terms, and to be revocable upon such conditions as the Government thinks proper. 19. The follov?ing offences shall be punishable as herein-after mentioned ; (that is to say) — (1.) If any person not licensed as aforesaid, other than the owner or master or mate of the ship, or some person who is bonS, fide the servant and in the constant employ of the owner, or a Shipping Master duly appointed as aforesaid, engages or supplies any seaman to be entered on board any ship, he shall for each seaman so engaged or supplied incur a penalty not exceeding one hundred Eupees. (2.) If any person employs any unlicensed person, other than persons so excepted as aforesaid, for the purpose of engaging or supply- ing any seaman to be entered on board any ship, he shall for each seaman so engaged or supplied incur a penalty not exceeding one hundred Eupees, and, if licensed, shall in addition forfeit his- license. (3.) If any person knowingly receives or accepts to be entered on board any ship any seaman who has been engaged or supplied contrary to the provisions of this Act, he shall for every seaman so engaged or supplied incur a penalty not exceeding one hundred Eupees. 20. If any person demands or receives, either directly or indirectly, from any seaman, or from any person seeking employment as a seaman, or from any person on his behalf, any remuneration whatever, other than the fees hereby authorized, for providing him with employment, he shall for every such offence incur a penalty not exceeding fifty Eupees, and, if licensed as aforesaid, shall in addition forfeit his license. For Foreign- going ships such agree- ments, except in special cases, to be made before and attested by a Shipping Master. Agreement to be signed by seaman. Shipping Master to cause agree- ment to be explained to seaman. 22. In the case of all Foreign-going ships, in whatever part of Her Majesty's Dominions the same are registered, the following rules shall be observed with respect to agreements ; (that is to say) — 1. Every agreement made in any Port in India (except in such cases of agreements with substitutes as are hereafter specially provided for) shall be signed by each seaman in the presence of a Shipping Master. 2. Such Shipping Master shall cause the agreement to be read over and explained to each seaman, in a language understood by him, or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature. Indian Act No. 1 of 1859, 1341 3. When the crew is first engaged the agreement shall be signed in To be in duplicate, and one part shall be retained by the Shipping Master, Q"P"cate. and the other part shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship, and shall be delivered to the master. 4. In the case of substitutes engaged in the place of seamen who have Provision for duly signed the agreement, and whose services are lost within substitutes, twenty-four hours of the ship's putting to sea by death, desertion, or other unforeseen cause, the engagement shall, when practicable, be made before some Shipping Master duly appointed in the manner hereinbefore specified ; and whenever such last mentioned engagement cannot be so made, the master shall, before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to the seamen ; and the seamen shall thereupon sign the same in the presence of a witness, who shall attest their signatures. 23. In the case of Foreign-going ships making voyages averaging less Foreign-going than six months in duration, running agreements with the crew may be ^^^P^ ™^sJ^es made to extend over two or more voyages, so that no such agreement shall ^^^ have extend beyond the next following 30th day of June or 31st day of running December, or the first arrival of the ship at her Port of destinalion in India agreements, after such date, or the.discharge of cargo consequent qpon such arrival ; and every person entering into such agreement, whether engaged upon the first commencement thereof or otherwise, shall enter into and sign the same in the manner hereby required for other Foreign-going ships ; and every person engaged thereunder, if discharged in any Port in India, shall be discharged in the manner iiereby required for the discharge of seamen belonging to other Foreign-going ships. 24. The master of every Foreign-going ship for which such a running Engagement agreement as aforesaid is made shall, upon every return to any Port in and '^iscbarge India before the final termination of the agreement, ' discharge or engage "j^g^^^^tij^g^ before the Shipping Master at such Port any seaman whom he is required by law so to discharge or engage ; and shall upon every such return en- dorse on the agreement a statement (as the case may be) either that no such discharges or engagements have been made or arte intended to be made before the ship again leaves Port, or that all such discharges or engage- ments have been duly made as hereinbefore required ; and shall deliver the aoreement so endorsed to the Shipping Master: and any master who ■mlfuUy makes a false statement in such endorsement shall incur a penalty not exceeding two hundred Rupees ; and the Shipping Master shall also sign an endorsement on the agreement to the effect that the provisions of tWs Act relating to such agreement have been complied with, and shall redeliver the agreement so endorsed to the master. 25. For the purpose of determining the fees to be paid upon the jees to be paid engagement and discharge of seamen belonging to Foreign-going ships on such which have running agreements as aforesaid, the crew sliall be considered running to be engaged when the agreement is first signed, and to be discharged when agreements. , the agreement finally terminates ; and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen. In Home-trade 26. In the case of Home-trade ships of a burden exceeding three ships agree- hundred tons, crews or single seamen may, if the master thinks fit, be engaged ™^°* *° ^^ before a Shipping Master in the manner hereinbefore directed with respect ^^^^^ g^ to Foreign-going ships; and in every case in which the engagement is not Shipping so made the master shall, before the ship puts to sea if practicable, and if Master or ' other witness. 1342 Indian Act No. 1 of 18o9. Special agree- ments for Home-trade ships belong- ing to same owner. Penalty for shipping sea- men without agreement duly executed. Changes in crew to be reported. To prevent infraction of Act, Shipping Master may board -vessels and muster seamen. Production of agreements and certifi- cates. not, as soon afterwards as possible, cause the agreement to be read over and explained to each seaman, and the seaman shall thereupon sign the same in the presence of a witness, who shall attest his signature. 27. In cases where several Home-trade ships belong to the same owner, the agreement with the seamen may, notwithstanding anything herein con- tained, be made by the owner instead of by the master, and the seamen may be engaged to serve in any two or more of such ships, provided that the names of the ships and the nature of the service are specified in the agreement; but, with the foregoing exception, all provisions herein con- tained which relate to ordinary agreements for Home-trade ships shall be applicable to agreements made in pursuance of this Section. 28. If in any case a master carries any seaman to sea without entering into an agreement with him in the form and manner and at the place and time hereby in such case required, the master shall for each such offence incur a penalty not exceeding fifty Rupees. 29. The master of every Foreign-going ship, of which the crew has been engaged before a Shipping Master, shall, before finally leaving India, siga and send to the nearest Shipping Master a full and accurate state- ment, in a form sanctioned by the Governor General of India in Council, of every change which takes place in his crew before finally leaving India, and in default shall for each offence incur a penalty not exceeding fifty Rupees; and such statement shall be admissible in. evidence subject to all just exceptions. 30. For the purpose of preventing any seamen from being shipped at any Port in India contrary to the provisions of this Act, the Shipping Master by himself or his Deputy may enter at any time on board any ship upon which he shall have reason to believe that seamen have been shipped, and may muster and examine the several seamen employed therein ; and any person who shall obstruct the said Shipping Master or Deputy in such duty shall be liable to a penalty not exceeding one hundred Rupees. 31. The following rules shall be observed with respect to the production of agreements and certificates of competency or service for Foreign-going ships (that is to say) — 1. The master of every Foreign-going ship shall, on signing the agree- ment with his crew, produce to the Shipping Master before whom the same is signed, the certificates of competency or service which the said master and his mate are hereby required to possess ; and upon such production being duly made, and the agreement being duly executed as hereby required, the Shipping Master shall sign and give to the Master a certificate to that effect. 2. In the case of running agreements for Foreign-going ships, the Shipping Master shall, before the second and every subsequent voyage made after the first commencement of the agreement, sign and give to the master, on his complying with the provisions herein contained with respect to suoh agreements, and producing to the Shipping Master- the certificate of competency or service of any mate then first engaged by him, a certificate to that effect. 3. The master of every Foreign-going ship shall, before proceeding to sea, produce the certificate so to be given to him by the Shipping Master as aforesaid to the Collector of Customs, or if there be no Collector of Customs, to the Officer whose duty it is to grant a Port clearance. No Officer of Customs or other Officer shall clear any such ship outwards without such production ; and if any such ship attempts to go to sea without a clearance, any such Officer may detain her until such certificate as aforesaid is produced. Indian Act No. 1 of 1859. 1343 4. The master of every Foreign-going ship shall, within forty-eight hours after the ship's arrival at her final Port of destination in India or upon the discharge of the crew, whichever first happens, deliver such agreement to a Shipping Master at the place ; and such Shipping Master shall thereupon give to the master a certifi- cate of such delivery ; and no Officer of Customs or other Officer shall clear any Foreign-going ship inwards without the production of such certificate. And if the master of any Foreign-going ship fails to deliver the agree- ment to a Shipping Master at the time and in the manner hereby directed, he shall for every default incur a penalty not exceeding fifty Rupees. 32. The following rules shall be observed with respect to the production Knles as to of agreements and certificates of competency or service for Home-trade P™*"''*'™ ™ ships of a burden exceeding three hundred tons, (that is to say) — ^ certifi- cates for • Home-trade 2. The master or owner of every such ship shall, within twenty-one days after the thirtieth day of June and the thirty-first day of December iu every year, or (if the ship is not at any Port in Ijidia within twenty-one days after either the thirtieth day of June or the thirty-first day of December in any year) within forty-eight hours after her next arrival at any Port in India, transmit or deliver to some Shipping Master ;in India every agreement made within the six calendar months next preceding such days respectively, and shall also produce to the Shipping Master the certificate of com- petency or service which the said master and his mate are hereby required to possess. 3. The Shipping Master shall thereupon give to the master or owner a certificate of such deUvery and production ; and no Officer of Customs or other Officer authorized to grant a Port clearance shall grant a clearance for any such ship without the production of such csrtificate ; and if any such ship attempts to go to sea without such clearance, any such Officer may detain her until the said certificate is produced. And if the agreement for any Home-trade ship is not delivered or transmitted by the master or owner to a Shipping Master at the time and in the manner hereby directed, such master or owner shall for every default incur a penalty not exceeding fifty Eupees. 33. Every erasure, interlineation, or alteration in any such agreement Alterations to with seamen as is required by this Act (except additions so made as ''fj^°j'^T^®^* herein-before directed for shipping substitutes or persons engaged subse- ^^^ \^J^ quently to the first departure of the ship) shall be wholly inoperative, made -with the imless proved to have been made with the consent of all the persons consent of all interested in. such erasure, interlineation, or alteration by the written parties. .( attestation (if made in Her Majesty's Dominions) of some Shipping Master, Justice, Officer of Customs, or other public fiinctionary, or (if made out of Her Majesty's Dominions) of a British Consular Officer, or where there is no such Officer, of two respectable British Merchants. 34. The master shall, at the commencement of every voyage or engage- Copy of ment cause a legible copy of the agreement, and if necessary a translation agreement to thereof in a language understood by the majority of the crew (omitting the *e made signatures), to be placed or posted up in such part of the ship as to be ^''fssiMe to accessible to the crew, and in default shall for each oflFence incur a penalty *"^* ' not exceeding fifty Rupees. 1344 Indian Act No. 1 of 1859. Seamen dis- 35. ^ny seaman v/ho has signed an agreement, and is afterwards dis- charged before charged before the commencement of the voyage or before one month's com^nsation? '^^'^^g^s are earned, without fault on his part justifying such discharge and without his consent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage thereby caused to him, not exceeding one month's wages, and, may, on adducing such evidence as the Court or Magistrate hearing the case deems satisfactory, of his having been so improperly discharged as aforesaid, recover such compensation as if it were wages duly earned. Eegulation op Advances. Regulation of 36. No advance of wages shall be made or advance-note given to any advances and person but the seaman himself ; and no advance of wages shall be made advance-notes, ^j. advance-note given for any greater sum than the amount of one month's wages, nor unless the agreement contains a stipulation for the same and an accurate statement of the amount thereof, and no advance-note shall be given to any searnan who signs the agreement before a Shipping Master, unless in the presence of such Shipping Master. Advances 37. If any advance of wages is made or any advance-note given to any irregularly or seaman in any such manner as to constitute a breach of any of the above ^de°noU b provisions, the wages of such seaman shall be recoverable by him as if no a discharge of ^"''^ advance had been made or advancerDote given, and in the case of any advance-note so given, no person shall be sued thereon under the provisions herein-after contained unless he was in person or by his agent a party to the irregular or improper manner of giving the same. Stipulations for allotment to be inserted in the agree- ment. Allotment- notes. Owner, &c., to pay to Ship- ping Master the sums allotted. Suits on allotment- notes. Evidence. Allotment of Wages. 38. All stipulations for the ■ allotment of any part of the w.sges of a seaman during his absence, which are made at the commencement of the .voyage, shall be inserted in the agreement, and shall state the amounts and times of the payments to be made. All allotment-notes shall be in forms sanctioned by the local Government, and shall be made for the benefit only of a relative of the seaman or some member of his family to be named in che note, and shall be payable to the Shipping Master on account of such relative of the seaman or member of his family. Such allotment shall not in any case exceed one-third of the wages of the seaman. 39. The Owner or any Agent who has authorised the drawing of an allotment-note shall pay to the Shipping Master on demand the sums allotted by the note, when and as the same are made p.nyable unless the seaman is shown in manner herein-after mentioned to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid ; and in the event of such sums not being paid to the Shipping Master on demand, the Shipping Master may sue for and recover them with costs. The seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the Court or Magistrate, either by the official statement of the change in the crew caused by his absence made and signed by the master, as by this Act is required, or by a duly certified copy of some entry in the official log-book to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence, of whatever description, as the Court or Magistrate trying the case considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid. Indian Act No. 1 of 1859. 1345 40. The Shipping Master, on receiving any such sum as aforesaid, shall Receipts and pay it over to the person named in the allotment-note. All such receipts payments by and payments shall be entered in a book, and all entries in the said book fS'^J^"^ shall be authenticated by the signature of the Shipping Master or his account''of Deputy ; and the said book shall be at all times open to the inspection of allotment- the parties concerned. notes. Discharge and Payment of Wages. 41. All seamen discharged from any Foreign-going ship at any Port in Discharge India in whatever part of Her Majesty's Dominions the ship is registered, fro™ Foreign- shall be discharged and receive their wages in the presence of a Shipping 8°™S ^^P^ Master duly appointed under this Act, except in cases where some com- before SMp- petent Court otherwise directs ; and any master or owner of any such ship pW Master, who discharges any seaman belonging thereto, or except as aforesaid pays his wages in any other manner, shall incur a penalty not exceeding one hundred Rupees ; and in the case of Home- trade ships of a burden exceed- ing three hundred tons, seamen may, if the owner or master so desires, be discharged and receive their wages in like manner. 42. Every master shall, not less than twenty-four hours before paying Master to off or discharging any seaman, deliver to him, or, if he is to be discharged deliver account before a Shipping Master, to such Shipping Master, a fiill and true account, °^ ■wages, in a form sanctioned by the local Government, of his wages and of all deductions to be made therefrom on any account whatever, and in default shall for each offence incur a penalty not exceeding fifty Rupees ; and no deduction from the wages of any seaman (except in respect of any matter happening after such delivery) shall be allowed unless it is included in the account so delivered ; and the master shall during the voyage enter the various matters in respect of which such deductions are made, with the amounts of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce such book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to such payments. 43. Upon the discharge of any seaman or upon payment of his wages, On discharge, the master shall sign and give him a certificate of his discharge, in a form masters to give- sanctioned by the local Government, specifying the period of his service ^g^^^^es of and the time and place of his discharge ; and if any master fails to sign ajgoharge, and and give to any such seaman such certificate of discharge, he shall for each return certifi- such offence incur a penalty not exceeding one hundred Rupees; and the cates of corn- master shall also upon the discharge of every certificated mate whose petency or certificate of competency or service has been delivered to and retained by ^^^^ ^ him, return such certificate, and shall in default incur a penalty not exceeding two hundred Rupees. 44. Every Shipping Master shall hear and decide any question whatever Shippbg between a master or owner and any of his crew which both parties agree Master may in writing to submit to him; and every award so made by him shall be decide binding on both parties, tmd shall in any legal proceeding which may be \(^■^^ ^ies taken in the matter before any Court or Magistrate, be deemed to be con- refer to him. elusive as to the rights of the parties ; and any document purporting to be such submission or award shall be prima facie evidence thereof. An award How award made by a Shipping Master under this Section may be enforced by a ^2r^i. Magistrate in the same manner as an order for the payment oi wages made by such Magistrate under the provision of Section 55. 45 In any proceeding relating to the wages, claims, or discharge of any Master and seaman carried on before any Shipping Master under the provisions of this others to pro- Act, such Shipping Master inay caU upon the owner or his agent, or upon p^'^^^^^'^jP'^ 4 Q 1346 Indian Act No. 1 of 1859. Shipping Masters, and give evidence. Settlement of Release to be signed before and attested by the Ship- ping Master. To be a discharge. And to be evidence. No other receipt to be a discharge. Voucher to be given to master and to be evidence. the master or any mate or other member of the crew, to produce any log- books, papers, or other documents in their respective possession or power relating to any matter in question in such proceeding, and may call before him and examine any of such persons being then at or near the place on any such matter ; and every owner, agent, master, mate, or other member bf the crew vrho, when called upon by the Shipping Master, does not produce any such paper or document as aforesaid if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable excuse for such default, for each such offence incur a penalty not exceeding fifty Rupees. 46. The following rules shall be observed with respect to the settlement of wages, (that is to say) — 1. — Upon the completion before a Shipping Master of any discharge and settlement, the master or owner and each seaman shall respec- tively, in the presence of the Shipping Master, sign, in a form sanctioned by the local Government, a mutual release of all claims in respect of the past voyage or engagement, and the Shipping Master shall also sign and attest the release and shall retain the same. 2.- Such release so signed and attested shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement. 3. — A copy of such release, certified under the hand of such Shipping Master to be a true copy, shall be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any futufe question touching such claims as aforesaid, and shall have all the effect of the original of which it purports to be a copy. 4. — In cases in which discharge and settlement before a Shipping Master are hereby required, no payment, receipt, settlement, or discharge otherwise made shall operate or be admitted as evidence of the release or satisfaction of any claim. 5. — Upon any payment being made by a master before a Shipping Master, the Shipping Master shall, if required, sign and give to such master a statement of the whole amount so paid, and such statement shall, as between the master and his employer, be received as evidence that he has made the payments therein mentioned. Eight to wages and provisions ■when to begin. Seamen not to give up certain rights. Wages not to be dependent on the earning of freight. Legal Eights to Wages. 47. A seaman's right to wages and provisions shall betaken to commence either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, which- ever first happens. 48. No seaman shall by any agreement forfeit his lien upon the ship or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled ; and every stipulation in any agree- ment inconsistent with any provision of this Act, and every stipulation by which any seaman consents to abandon his rights to waiges in the case of the loss of the ship or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative. 49. No right to wages shall be dependent on the earning of freight; and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, iNDulf Act No. 1 of 1859, 134t shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same notwithstanding that freight has not been earned ; but in all cases of wreck or loss of the ship, proof that he has not exerted himself to the utmost to save the ship, cargo, and stores shall bar his claim. 50. If any seaman or apprentice to whom wages are due under the last Incase of preceding Section dies before the same are paid, they shall be paid and ****> ^""I' applied in the manner hereinafter specified with regard to the wages of ^T^ *"^® seamen who die during a voyage. ^^^To:^' 51. In cases where the service of any seaman terminates before the Rights to period contemplated in the agreement by reason of the wreck or loss of the ^^S*^ ™ "^^ ship, and also in cases where such service terminates before such period °» termmatiou as aforesaid by reason of his being left on shore at any place abroad under ^eckT/ a certificate of his unfitness or inability to proceed on the voyage granted illness, under the provisions of the Merchant Shipping Act ] 854, such seaman 17 & is Vict, shall be entitled to wages for the time of service prior to such termination c. 104. as aforesaid, but not for any further period. 52. No seaman or apprentice shall be entitled to wages for any period Wages not_ to during which he unlawfully refuses or neglects to work when required, lefM^to^rak •whether before or after the time fixed by the agreement for his beginning or imprison- work; nor, unless the Court or Magistrate hearing the case otherwise ment. directs, for any period during which he is lawfully imprisoned for any •offence committed by him. 53. The master or owner of every ship shall pay to every seaman his Period within -wages within three days after the cargo has been delivered or within five '"''"'^ iT^^^^a days after the seaman's discharge, whichever first happens ; and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one-fourth part of the balance due to him ; and every master or owner who neglects or refuses to make payment in manner aforesaid without suificient cause, shall pay to the seaman a sum not exceeding the amount of two days' pay for each of the days not exceeding ten days during which payment is delayed beyond the respective periods aforesaid ; and such sum shall be recoverable as wages. 54. When any monies are payable in India to any seaman or apprentice What sum in for wages or otherwise under any agreement wherein such monies are * . ""^^i- expressed to "be payable in some denomination of coin other than the ghall be re- current coin of the Port or place wherein the same have become payable, covered by the seaman or apprentice shall be entitled to demand and recover, in the seaman under current coin of such Port or place, the amount due to him estimated an agreement according to the established' par value of the coin wherein the same is so t^^^f *i°f ^^^ o , ■, *■ wages, 06C., 10 ■expressed to be payable. te payable in a Foreign coin. Mode of Eecoveking Wages. 55. Anv seaman or apprentice or any person duly authorised on his Seaman may ■«■"/ "^ rr It* TIT • J. J. J.' • sue aummanly "behalf may sue, in a summary manner, betore any Magistrate acting m or before any near to the place at which the service has terminated or at which the sea- ^a'^f^f °' man or apprentice lias been discharged or at which any person upon exceeding soo whom the claim is made is or resides, for any amount of wages due to such oX^of seaman or apprentice not exceeding five hundred Rupees. Every order Magistrate to made by such Magistrate in the matter shall be final. '" °*'- 56. When an order for the payment of wages is made by a Magistrate Levy of wages Tinder the last preceding Section and the wages are not paid at the time *y distress, and in the manner prescribed, the sum mentioned in the order, with such 4q2 1348 Indian Act No. 1 of 1859. No suit for wages under 500 Rupees to be instituted in Admiralty Court, &o., except in cer- tain cases. further sum as may be thereby awarded for costs, shall be levied by distress: and sale of the goods and chattels of the person directed to pay the same under a warrant to be issued for that purpose by the Magistrate. 57. No suit or proceeding for the recovery of wages under the sum of five hundred Eupees shall be instituted by or on behalf of any seaman or apprentice in any Court of Admiralty or Vice- Admiralty or in any Court of Civil Judicature other than the Court of Small Causes, where such Court exists, unless the owner of the ship is adjudged bankrupt or declared in- solvent, or unless the ship is under arrest or is sold by the authority of any such Court, or unless the Magistrate, acting under the authority of this Act, refers the case to be adjudged by such Court. Master to have ^^' Every master of a ship shall, so far as the case permits, have the same remedies same rights, liens, and remedies for the recovery of his wages which by for wages as this Act or by any law or custom any seaman, not being a master, has foir seamen. t]jg recovery of his wages ; and if, in any proceeding in any Court of Admiralty or Vice- Admiralty touching the claim of a master to wages, any right of set-off or counter-claim is set up, it shall be lawful for such Court to enter into and adjudicate upon all questions, and to settle, all accounts then arising or out-standing and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to- be due. Master to take charge of effects of deceased seamen. Effects and wages to be paid to Ship- ping Master with full accounts. Penalties for not taking charge of or accounting for such monies and effects. Wages and property of deceased sea- men may be Wages and Effects of Deceased Seamen. 59. Whenever a seaman or apprentice, on a voyage which is to terminate at any Port in India, dies during such voyage, the master shall take charge of all money, clothes, and effects which he leaves on board, and shall enter in the official log-book a statement of the amount of money and a description of the effects left by the deceased, and in case of a sale of sucli effects, the sum received for each article sold. 60. The master shall, within forty-eight hours after his arrival at his Port of destination in India, deliver any such effects as aforesaid, and pay any money which he has taken charge of or received, and also the wages- due to deceased, to the Shipping Master at such Port, and shall give to such Shipping Master an account of the effects, money, and wages so to be delivered and paid ; and no deductions claimed in such account shall be allowed unless verified, if there is an official log-book, by the entry therein herein-before required, and also by such other vouchers (if any) as may be reasonably required by the Shipping Master to whom the account is rendered. 61. If the master fails to take such charge of the money or other effects- of a seaman or apprentice dying during a voyage, or to make such entries in respect thereof, or to make such payment or delivery, or to give such account as herein-before respectively directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the Shipping Master as aforesaid, and shall pay and deliver the same accordingly : and such master shall in addition incur a penalty not exceeding treble the value of the money or effects, or if such value is not ascertained, not exceeding five hundred Rupees. All money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the same Courts and by the same modes of proceeding by which seamen are hereby enabled to recover wages due to them. 62. When money or effects left by or due to any deceased seaman or apprentice, are paid or delivered to a Shipping Master, then, subject to such deductions for expenses incurred in respect of the seaman or apprentice or Indian Act No. 1 of 1859. 1349 ^lL'''T''iu™°"^^ ^,"/ "'^"''^^ ^* ^^^ Shipping Master thinks proper to oaid without .uiow, the Shipping Master may pay and deliver the said money and efiects probate. to any claimants who can prove themselves to the satisfaction of the said toiiipping Master to be entitled thereto, and the said Shipping Master shall be thereby discharged from all further liability in respect of the money and ettects so paid and delivered ; or if he think lit so to do the Shipping Master may require probate or letters of administration or a certificate unaer Act 20 of 1841 (for facilitating the collection of debts on successions, and tor the security of parties paying debts to the representatives of deceased persons) to be taken out, and thereupon pay and deliver the said money and ettects to the legal representative of the deceased. 63. In cases of wages or effects of deceased seamen or apprentices Disposal of received by any Shipping Master to which no claim is substantiated within ""'ages or one year from the receipt thereof by such Shipping Master, it shall be the f *"'' °/, , duty of the Shipping Master U, cause such eftects to be sold and to pay the ^en no? proceeds of the sale and the unclaimed wages into the Public Treasury. If claimed withia any subsequent claim is made to such money and is established to the one year, satisfaction of the Shipping Master, the amount or so much as shall appear H subsequent •to be due to the claimant, shall be paid out of the Public Treasury. If the ='a™ ^^ ™^^® claim is not established to the satisfaction of the Shipping Master, the *^™*°- claimant may apply by petition in a summary way to the Supreme Court of Judicature of the Presidency, or in any Station of the Settlement of Prince ■of .Wales' Island, Singapore, and Malacca, to the Court of Judicature there, and such Ciourt, after taking evidence either orally or on affidavit, shall make such order on the petition as shall seem just. Provided that, after the Proviso, expiration of six years from the receipt of such wages or effects by the Shipping Master, no such claim shall be entertained without the sanction ■of the local Government. Provisions, Health, and Accommodation. 64. Any three or more of the crew of any ship registered at, trading Survey of with, or being at any Port or place in India, may complain to any Shipping provisions and Master or other Officer duly appointed in this behalf by the local Govern- 'w^ater on com- ment that the provisions or water for the use of the crew are at any time P^^™* made, of bad quality, unfit for use, or deficient in quantity ; and such Officer may thereupon examine the said provisions or water or cause them to be examined ; and if, on examination, sucli provisions or water ai'e found to be of bad quality and unfit for use, or to be deficient in quantity, the person making Such examination shall signify tlie same in writing to the master of the ship ; and if such master does not thereupon provide other proper provisions or water in lieu of any so signified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so signified to be insufficient in quantity, or uses any provisions or water which have Tbeen so ■signified as aforesaid to be of a bad quality and unfit for use, he shall in every such case incur a penalty not exceeding two hundred Rupees; and upon every such examination as aforesaid, the Officers making or directing the same shall enter a statement of the result of the ex- amination in the official log, and shall send a report thereof to the Shipping Master, and such report, if produced out of the custody of such Shipping Master, shall be received in evidence in any legal proceeding. 65. If the Officer to whom any such complaint us last aforesaid is made, Iforfeiture for certifies in such statement as aforesaid that there was no reasonable frivolous ground for such complaint, each of the parties so complaining shall be complaint, liable to forfeit to the owner out of his wages a sum not exceeding one week's wages. 1350 Indian Act No. 1 of 1859. Allowance for short or bad provisions. 66. In the following cases (that is to say) — 1. If during a voyage the allo-wance of any of the provisions which any seaman has by his agreement stipulated for, is reducedl (except in accordance with any regulations for reduction by way of punishment contained in the agreement, and also except for any time during which such seaman wilfully and without suflScient cause refuses or neglects to perform his duty or is lawfully under confinement for misconduct, either od board or on shore) ; 2. If it is shown that any of such provisions are or have during the voyage been bad in quality and unfit for use ; The seaman shall receive by way of compensation for such reduction or bad quality, according to the time of its continuance, the following sums, to be paid to him ip addition to and to be recoverable as wages, (that is to sa-y)— . . ^.• :, (1.) If his allowance is reduced by any quantity not exceeding one-third of the quantity specified in the agreement, a sum not exceeding three annas in the case of a European seaman or other person shipped on the same footing as a European seaman, or one anna in the case of a lascar or native seaman. (2.) If his allowance is reduced by more than one-third of such quantity, six annas in the case of a European seaman or other person shipped on the same footing as a European seaman, or two annas in the case of a lascar or native seaman. (3.) In respect of such bad quality as aforesaid, a sum not exceeding eight annas in the case of a European seaman or other person shipped on the same footing as a European seaman, or three annas in the case of a lascar or native seaman. But if it is shown to the satisfaction of the Court or Magistrate trying the case, that any provisions, the allowance of which has been reduced, could not be procured, or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, such Court or Magis- trate shall take such circumstances into consideration and shall modify or refuse compensation as the justice of the case may require. 67.' All Foreign-going ships and all Home-trade ships of a burden exceeding three hundred tons shall have always on board a suflScient supply of medicines and appliances, suitable for diseases and accidents likely to happen on sea voyages, according to such scale as shall be from time to- time issued by the local Government with the approval of the Governor General of India in Council, and published at Calcutta, Madras, and Bombay in the Government Gazettes, and in the Straits Settlement in such manner as the Governor shall notify, and in default thereof, the owner or master of every such ship shall be liable to a penalty not exceeding two hundred Rupees. Provided, however, that this Section shall not apply to- ships navigating from the United Kingdom and coming within the provisions of Section 224 of the Merchant Shipping Act 1854. 68. Every master shall keep on board proper weights and measures for the purposes of determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles in the presence of a witness when- ever any dispute arises about such quantities, and in default shall for every offence incur a penalty not exceeding one hundred Rupees. Expense of 69. Whenever the master or any seaman of any ship registered at any "tt**^^ place in India shall receive any hurt or injury in the service of the vessel, andrabsistence *^® expense of providing the necessary surgical and medical advice and Medicines, &c., to be provided and kept on board certain ships. Proviso. 17 & 18 Vict. c. 104. Masters to keep weights and measures on board. Indian Act No. 1 of 1859, 1351 attendance with medicines, and of his subsistence, until he shall be cured in case of or shall be brought back to the Port from which he was shipped or other illness how to Port agreed upon, shall be defrayed, with the cost of his conveyance to such ^^ defrayed. Port, by the owner of the vessel without any deduction on that account from the wages of such master, officer, or seaman ; and if paid by himself, may be recovered as part of his wages ; and if paid or allowed out of any monies forming part of the Revenues of India, shall be a charge upon the ship, and may be recovered with full costs of suit by the Secretary of State in Council. 70. A place or places of shelter shall be provided below a well caulked Place to be and substantial deck for the men engaged under this Act ; such place or appropriated, places shall be so arranged as to allow for the men the following spaces : — 1. For each European seaman or apprentice or other person shipped on To European the same footing as a European seaman, nine superficial feet if the seamen. place be not less than six feet in height from deck to deck ; or fifty- four cubic feet if the height from deck to deck be less than six feet. 2, For each lascar or native seaman or other person shipped on the same To lascars or footing as a lascar, four superficial feet ; and if the place allotted be native seamen, under the top-gallant forecastle, such forecastle deck shall be not less than four feet six inches above the one below it. Every such place shall be kept free from stores or goods of any kind, not Place to be being the personal property of the crew in use during the voyage ; kept clear, and if any such place in any ship is not in the whole sufficiently Penalty if large to give such space for each seaman and apprentice as herein- plaoe be not before required, or is not properly caulked and in all other respects P™P^"y con- securely and properly constructed and well ventilated, the owner shall, for every such failure to comply with the provisions of this Penalty for Section, incur a penalty not exceeding two hundred Eupees ; and gpace^cle^^ if any such space as aforesaid is not kept free from goods and stores as aforesaid, the master shall, for every such failure to comply with the provisions of thite Section, incur a penalty not exceeding one hundred Eupees. 71. The Shipping Master at any Port in India, by himself or his Deputy, Shipping may enter at any time on board of any ship upon which seamen have been Master &c., shipped at such Port, and inspect the provisions and water provided for the ^^^^^^ °^ use of the crew, and the medicines and appliances and the accommodation aniTinspect ^ for seamen prescribed by this Act or by the Merchant Shipping Act, 1854. provisions, &c. If on inspection the provisions or water are found to be of bad quality and 17 & 18 Vict, unfit for use or to be deficient in quantity, the Shipping Master shall pro- c. 104. ceed as provided in Section 64 of this Act, and the penalty prescribed in Procedure if the said Section shall be incurred by any default of the master of the ship provisions, &c, in respect of such provisions or water. ^^ f*" Vd° quality. POWEE OP MAKING COMPLAINTS. 72. If any seaman or apprentice, whilst on board any ship, states to the Seamen to be master that he desires to make complaint to a Magistrate against the master allowed to go or any of the crew, the said master shall, if the ship is then at a place where ashore to make there is a Magistrate, so soon as the service of the ship will permit, and if j3e"'*° ^ the ship is not then at such a place, so soon after her first arrival at such a place as the service of the ship will permit, allow such seaman to go ashore, or send him ashore in proper custody, so that he may be enabled to make such complaint, and shall, in default, incur a penalty not exceeding one hundred Eupees. 1352 Indian Act JSTo. 1 of 1859. Sale of and charge upon wages to be invalid. No debt exceeding three Kupees re- coverable till end of voyage. Penalty for overcharges by lodging-house keepers. Penalty for detaining sea- men's effects. Pboteotion of Seamen from Imposition. 73. No wages due or accruing to any seamen or apprentice shall be subject to attachment from any Court ; and every payment of wages to a seaman shall be valid in law, notwitlistanding any previous sale or assign- ment of such wages or of any incumbrance thereon ; and no assignment or sale of such wages, or of salvage made prior to the accruing thereof, shall bind the party making the same ; and no power of attorney or authority for the rece'ipt of any such wages or salvage shall be irrevocable. 74. No debt exceeding in amount three Eupees incurred by any seaman after he has engaged to serve, shall be recoverable until the service agreed for is concluded. 75. If any person demands or receives from any seaman or apprentice payment in respect of his board or lodging in the house of such person for r. longer period than such seaman or apprentice has actually resided or boarded therein, he shall incur a penalty not exceeding one hundred Eupees. 76. If any person receives or takes into his possession or under his control any monies, documents, or efPects of any seaman or apprentice, and does not return the same or pay the value thereof when required by such seaman or apprentice, subject to such deduction as may be justly due to him from such seaman or apprentice in respect of board or lodging or otherwise, or absconds therewith, he shall incur a penalty not exceeding one hundred Eupees ; and any Magistrate may, besides inflicting such penalty by summary order, direct the amount or value of such monies, documents, or effects, subject to such deduction as aforesaid, to be forthwith paid to such seaman or apprentice. Persons not to 77, Every person who, not being in the service of Her Majesty and not f°f°° th fi 1 ^''iig '^"^'y authorized by law for the purpose, goes on board any ship arrival of ship f^bout to arrive at the place of her destination before her actual arrival at without the place of her discharge, without the permission of the master, shall for permission. every such offence incur a penalty not exceeding two hundred Eupees ; and the master or person in charge of such ship may take any such person so going on board as aforesaid into custody, and deliver him up forthwith to any Police Officer, to be by him taken before a Magistrate to be dealt with according to the provisions of this Act. 78. If, within twenty-four hours after the arrival of any ship at any Port in India, any person then being on board such ship solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seaman, except under his personal direction and with the permission of the master, he shall for every such offence incur a penalty not exceeding fifty Eupees. Penalty for solicitations by lodging- house keepers. Penalty for misconduct endangering ship or life or limb. DlSOIPLlKE. 79. Any master of, or any seaman or apprentice belonging to any ship registered at, trading with, or being at any Port or place in India, who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for pre- Indian Act No 1 of 1859 1353 serving any person belonging to or on board of such ship from immediate danger to life or limb, shall for every such offence be liable to imprison- ment, with or without hard labour, for a terra not exceeding two years. 80. Any Court having Admiralty Jurisdiction in India may, upon Admiralty application by the owner of any ship being within the jurisdiction of such "^"""fngertoin Court, or by the part owner or consignee, or by the agent of the owner, ^ses'remove or by any certificated mate, or by one-third or more of the crew of such master and ship, and upon proof on oath to the satisfaction of such Court that the appoint a new removal of the master of such ship is necessary, remove him accordingly ; master. and may also, with the consent of the owner or his agent, or the consignee of the ship, or if there is no owner or agent of the owner or consignee of the ship within the jurisdiction of the Court, then without such consent, appoint a new master in his stead, and may also make sucli order and may require such security in respect of costs in the matter as it thinks fit. 83. Whenever any seaman who has been lawfully engaged, or any Offences of apprentice to the sea-service, commits any of 'the following offences, he ^^^™^°.^°* shall be liable to be punished summarily as follows ; (that is to say) — and'their^*' 1. For desertion he shall be liable to imprisonment for any period not punishments. exceeding twelve weeks, with or without hard labour, and also to Desertion. forfeit ^1 or any part of the clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then earned, and also, if such desertion takes place at any Port or place not in India, at the discretion of the Court, to forfeit all or any part of the wages or emoluments he may earn in any other ship in which he may be employed until his next return to any Port or place in India, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts, to any substitute engaged in his place at a higher rale of wages than the rate stipulated to be paid to him. 2. For neglecting or refusing, wilhout reasonable cause, to join his ship Neglecting or or to proceed to sea in his ship, or for absence without leave at any refusing to time within twenty-four hours of the ship's sailing from any Port J°'°j °^ *° P"^"' either at the commencement or during the progress of any voyage, absence within or for absence at any time without leave and without sufficient twenty-four reason from his ship or from his duty not amounting to desertion hours before or not ti'cated as such by the master, he shall be liable to imprison- sailing, and metit for any period not exceeding ten weeks, with or without hard ?^g°^J' labor, and also, at the discretion of the Court, to forfeit out of liis wages a sum not exceeding the amount of two days' pay, and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute. 3. For quitting the ship without leave after her arrival at her Port of Quitting with- delivery and before she is placed in security, he shall be liable to ^^y^"?^. . forfeit out of his wages a sum not exceeding one month's pay. secured. ^ " 4. For wilful disobedience to any lawful command he shall be liable to ,^^ ^ imprisonment for any period not exceeding four weeks, with or disobedience, without hard labor, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay. 5. For continued wilful disobedience to lawful commands, or continued Continued wilful neglect of duty, he shall be liable to imprisonment for any disobedience, period not exceeding twelve weeks, with or without hard labor, and also at the discretion of the Court, to forfeit for eveiy twenty-four 1354 Indian Act No, 1 of 1859. A ssaalt on Officers. Combining to disobey. Wilful damage and embezzle- ment. Act of smug- gling causing loss to owner. Entry of offences to be made in official log, and to be read over, or a copy given to the offender, and his reply, if any, to be also entered. Seamen whom masters of ships are com- pelled to con- vey, and persons going in ships with- out leave, to be subject to penalties for breach of discipline. Master or owner may apprehend deserters with- out warrant. hours' continuance of such disobedience or neglect, either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute. For assaulting any master or mate he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labor. For combining with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprison- ment for any period not exceeding twelve weeks, with or without hard labor. For wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any period not exceeding twelve weeks, with or without hard labor. 9. For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner, he shall be liable- to pay to such master or owner such a sum as is sufficient to re- imburse the master or owner for such loss or damage ; and the whole or a proportionate part of his wages may be retained in satis- faction or on account of such liability, without prejudice to any further remedy. • 84. Upon the commission of any of the offences enumerated in the last preceding Section, an entry thereof shall be made in the official log-book, and shall be signed by the master and also by the mate or one of the crew ; and the offender, if still in the ship, shall, before the next subsequent arrival of the ship at any Port, or if she is at the time in Port before her departure therefrom, either be furnished with a copy of such entry or have the same read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit ; and a statement that a copy of the said entry has been so furnished, or that the same has been so read over as aforesaid, and the reply (if any) made by the offender, shall likewise be entered and signed in manner aforesaid ; and in any subsequent legal proceeding, the entries hereinbefore required shall, if practicable, be pro- duced or proved, and in default of such production or proof, the Court hearing the case may, at its discretion, refuse to receive evidence of the offence. 85. Every seafaring person whom the master of any ship is, under the authority of this Act or any law, compelled to take on board and convey, and every person who goes to sea in any ship without the consent of the master or owner or other person entitled to give such consent, shall, so long as he remains in such ship, be subject to the same laws and regu- lations for preserving discipline, and to the same penalties and punishments for offences constituting or tending to a breach of discipline, to which he would be subject if he were a member of the crew and had signed the agreement. 86. Whenever, either at the commencement or during the progress of any voyage, any seaman or apprentice neglects or refuses to join, or deserts from or refuses to proceed to sea in any ship in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship's husband, or consignee, may, with or without the assistance of Police Officers who are hereby directed to give the same if required, apprehend him without first pro- curing a warrant ; and thereupon in any case, and shall, in case he so Indian Act No. 1 of 1859. 1355 requires and it is practicable, convey him before some Comt capable of taking cognizance of tbe matter, to be dealt with according to law ; and may, for the purpose of conveying him before such Court, detain him in custody for a period not exceeding twenty-four hours or such shorter time as may be necessary, or may, if he does not so require, or if there is no such Court at or near the place, at once convey him on board; and if any such apprehension appears to the Court before which the case is brought, to have been made on improper or on insuflSeient grounds, the master, mate, owner, ship's husband, or consignee, who makes the same or causes the same to be made, shall incur a penalty not exceeding two hundred Rupees; but such penalty, if inflicted, shall be a bar to any action for false imprison- ment in respect of such apprehension. 87. Whenever any seaman or apprentice is brought before any Court Deserters may on the ground of his having neglected or refused to join or to proceed to ^ sent on sea in any ship in which he is engaged to serve, or of having deserted or ^^^. '° . otherwise absented himself therefrom without leave, such Court may, if prisoned, the master or the owner or his agent so requires, instead of committing the offender to prison, cause him to be conveyed on board for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship, or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the - offence, to be paid by the offender, and if necessary to be deducted from any wages which he has then earned, or which by virtue of his then existing engagement he may afterwards earn. 88. If any seaman or apprentice is imprisoned on the ground of his Seamen im- having neglected or refused to join or to proceed to sea in any ship in prisoned for which he is engaged to serve, or of having deserted or otherwise absented desertaon or himself therefrom without leave, or of his having committed any other discipline may breach of discipline, and if during such imprisonment and before his be sent on engagement is at an end his services are required on board his ship, any board before Magistrate may, at the request of the master or of the owner or his agent, termination ot cause such seaman or apprentice to be conveyed on board his said ship for '^"tence. the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship or to the owner or his agent, to be by them so con- veyed, notwithstanding that the termination of the period for which he was sentenced to imprisonment has not arrived. 89. In all cases of desertion from any ship registered at a Port or place Entries and in India while such ship is at any place out of India, the master shall pro- certificates of duce the entry of such desertion in the oificial log-book to the persop or ^^^*^°° ^ persons required by the Merchant Shipping Act, 1854, to endorse on the jopig^, sent agreement a certificate of such desertion ; and such person or persons shall home, and thereupon make and certify a copy of such entry and also a copy of the admitted in said certificate of desertion ; the master shall forthwith transmit such evidence, copies to the Shipping Master at the Port where such seaman was engaged, 17 & I8 Yhu who shall, if required, cause the same to be produced in any legal pro- c. 104. ceeding ; and such copies, if purporting to be so made and certified as aforesaid, shall in any legal proceeding relating to such desertion be received as evidence of the entries therein appearing. 90. Whenever a question arises whether the wages of any seaman or Facilities for apprentice are forfeited for desertion, it shall be sufficient for the party proving insisting on the forfeiture to show that such seaman or apprentice was desertion so duly engaged in or that he belonged to the ship from which he is alleged forfehure°of'°' to have deserted, and that he quitted such ship before the completion of ^ages the voyage or engagement, or if such voyage was to terminate at any Port or place in India, and the ship has not returned, that he is absent from 1356 Indian Act No. 1 of 1859. Costs of procuring im- piisonment may, to the extent of thirty Kiipees, be deducted from wages. Amount of forfeiture how to he ascer- tained when seamen con- tract for the voyage. Application of forfeitures. ■Questions of forfeitures may he decided in suits for ■wages. Penalty for false statement as to last ship or name. Fines to he deducted from wages, and paid to Ship- ping Master. her, and that an entry of the desertion has been duly made in the official log-book ; and thereupon the desertion shall, so far as relates to any for- feiture of ■wages or emolumeats under the provisions hereinbefore contained, be deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge or can otherwise shovv to the satisfaction of the Court that he ha'l sufficient reasons for leaving his ship. 91. Whenever in any proceeding relating to seamen's wages it is shown that any seaman oi' apprentice has in the course of the voyage been con- victed of any oSeuce by any competent tribunal and rightfully punished therefor by imprisonment or otherwise, the Court hearing the case may direct a part of the wages due to such seaman, not exceeding thirty Rupees, to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment. 92. Whenever any peaman contracts for wages by the voyage or by the run or by the share, and not by the month or other stated period of time, the amount of forfeiture to be incurred under this Act shall be taken to be an amount bearing the same proportion to the -whole -wages or share as the period hereinbefore mentioned in fixing the amount of such forfeiture (as the case may be) bears to the whole time spent in the voyage ; and if the whole time spent in the voyage does not exceed the period for whicTi the pay is to be forfeited, the forfeiture shall extend to the whole -wages or share. 93. All clothes, effects, -wages, and emoluments -which under the pro- visions hereinbefore contained are forfeited for desertion, shall be applied in the first instance in or towards the reimbursement of the expenses occasioned by such desertion to the master or owner of the ship from which the desertion has taken place, and may, if earned subsequently to the deser- tion, be recovered by such master or by the owner or his agent in the same manner as the deserter might have lecovered the same if they had not been forfeited ; and in any legal proceeding relating to such wages, the Court may order the same to be paid accordingly ; and, subject to such reimburse- ment, the same shall be paid inlo the Public Treasury and carried to the account of Government ; and in all other cases of forfeiture of wages under the provisions hereinbefore contained, the forfeiture shall, in the absence of any specific directions to the contrary, be for the benefit of the master or owner by whom the wages are payable. 94. Any question concerning the, forfeiture of or deductions from the wages of any seaman or apprentice, may be determined in any proceeding lawfully instituted with respect to such wages, notwithstanding that the offence in respect of which such question arises, though hereby made punishable by imprisonment as well as forfeiture, has not been made the subject' of any Criminal proceeding. 95. If any seaman, on or before being engaged, wilfully and frfiudulently makes a false statement of the name of his last ship, or last alleged ship, or wilfully and fraudulently makes a false statement of his own name, he shall incur a penalty not exceeding fifty Rupees, and such penalty may be deducted from any wages he may earn by virtue of such engagement as aforesaid, and shall, subject to reimbursement of the loss and expenses (if any) occasioned by any previous desertion, be paid and applied in the same manner as other .penalties payable under this Act. 96. Whenever any seaman commits an act of misconduct for which his agreement imposes a fine, and which it is intended to punish by enforcing such fine, an entry thereof shall be made in the ofiicial log-book, and a copy of such entry shall be furnished or the same shall be read over to the ofi'ender, and an enti'y of such reading over, and of the reply (if any) made by the ofi'ender shall be made, in the manner and subject to the conditions Indian A,ct No. 1 of 1859. 1357 herein-before specified with respect to the offences against discipline specified ia and punishable under this Act ; and such fine shall be deducted and paid over as follows (that is to say), if the offender is discharged at any Port or place in India, and the offence, and such entries in respect thereof as aforesaid, are proved, in the case of a Foreign-going ship to the satisfaction of the Shipping Master before whom the offender is discharged, and In the case of a Home-trade ship to the satisfaction of the Shipping . Master at or nearest to the place at which the crew is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such Shipping Master ; and if before the final dis- charge of the crew in India, any such offender as aforesaid enters into any of Her Majesty's ships or is discharged at any place not in India, and the offence and such entries as aforesaid are proved to the satisfaction of the Officer in command of the ship into which he so enters or of ihe Consular Officer, Officer of Customs, or other person by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaidj and an entry of such deduction shall then be made in the official log-book (if any), . and signed by such Officer or other person ; and on the return of the Ship to India, the master or owner shall pay over such fine, in the case of Foreign-going ships to the Shipping Master before whom the crew is dis- charged, and in the case of Home-trade ships to the Shipping Master at or nearest to the place at which the crew is discharged ; and if any master or owner neglects or refuses to pay over any such fine in manner aforesaid, he shall for each such offence incur a penalty not exceeding six times the amount of the fine retained by him : provided that no act of misconduct for which any such fine as aforesaid has been inflicted and paid shall be otherwise punished under the provisions of this Act. 97. Every person who by any means whatever persuades or attempts Penalty for to persuade any seaman or apprentice to neglect or refuse to join or pro- enticing to ceed to sea in or to desert from his ship, or otherwise to absent himself ?^^?* • from his duty, shall for each such offence in respect of each such seaman deserters or apprentice incur a penalty not exceeding one hundred Eupees ; and every person who wilfully harbours or secretes any seaman or apprentice who has deserted from his ship or who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe such seaman or apprentice to have so done, shall for every such seaman or apprentice so harboured or secreted, incur a penalty not exceeding one hundred Eupees. 98. Any person who secretes himself and goes to sea in any ship Penalty for without the consent of either the owner, consignee, or master, or of a ° *g™™f ^^^ mate, or of any person in charge of such ship, or of any other person reptitiously. entitled to give such consent, shall incur a penalty not exceeding two hundred Eupees, or be liable to imprisonment, with or without hard labour, for any period not exceeding four weeks. 99. If during the progress of a voyage the master of any ship re- 0" change of gistered at any Port or place in India, is superseded or for any other ^^^^^^^^"^^ reason quits the ship and is succeeded in the command by some other per- required to be son he shall deliver to his successor the various documents relating to the handed oyer navigation of the ship and to the crew thereof which are in his custody ; to successor. and shall in default incur a penalty not exceeding one thousand Eupees ; and such successor shall, immediately on assuming tlie command of the ship, enter in the official log a list of the documents so delivered to him. 1358 Indian Act No. 1 of 1859. Enquiry may be instituted in cases of wreck and casualty. Investigation. Beport. Enqdieies into Wkecks. 100. In any of the cases following (that is to say) — Whenever any ship is lost, abandoned, br materially damaged on or near the coasts of India ; Whenever any ship causes loss or material damage to any other ship on or near such coasts ; Whenever, by reason of any casualty happening to or on .board of any ship on or near such coasts, loss of life ensues ; Whenever any such loss, abandonment, damage, or casualty happens elsewhere to or on board any ship registered at any Port or place in India, under the Merchant Shipping Act 1854 or under Act 10 of 1841— It shall be the duty of any European Civil Officer of Government re- siding at or near the place where such loss, abandonment, damage, or casualty occurred if the same occurred in India, but if elsewhere, at or near the place where such witnesses as aforesaid arrive or are found, to give notice of the same to the local Government. It shall be lawful for the local Government, whether such notice be given or not, if a formal investigation appears to it to be requisite or expedient, to appoint two persons to make the same. The investigation shall be held at such place as the local Government shall deem best for the convenient examination of the witnesses. One of the persons to be so appointed shall be a Magistrate acting in or near the place where the investigation is held : the other may be any person conversant with maritime affairs. 101. The persons appointed shall proceed to make' the investigation and shall for that purpose, so far as relates to compelling the attendance of witnesses, and the regulation of the proceedings, have the same powers as if the same were a proceeding relating to an offence or cause of complaint upon which such Magistrate has power to convict summarily, or as near thereto as circumstances admit. 102. Upon the conclusion of the case the persons appointed to in- vestigate shall send a report to the local Government, containing a full statement of the case and of their opinion thereon, accompanied by such report of or extracts from the evidence and such observations (if any) as they may think fit. Official Logs. Official logs to 103. An official log-book of every ship registered at any Port or place be kept in in India, except Home-trade ships of a burden not exceeding three hundred forms sane- tons, shall be kept in a form sanctioned by the local Government ; and tioned by local g^gj, official log may, at the discretion of the master or owner, either be Government. ^^^^ distinct from the ordinary ship's log or united therewith, so that in all cases aU the blanks in the official log be duly filled up. Entries to be 104. Every entry in every official log shall be made as soon as possible made in due after the occurrence to which it relates, and if not made on the same day as time. the occurrence to which it relates shall be made and dated so as to show the date of the occurrence, and of the entry respecting it ; and in no case shall any entry therein in respect of any occurrence happening previously to the arrival of the ship at her final Port of discharge be made more than twenty-four hours after such arrival. iNDLiN Act. No. 1 of 1859. 1359 106. Every master of a ship for which an official log-book is hereby Entries re- required shall make or cause to be made therein entries of the following qiired in official matters, (that is to say)— '°^" 1. Every legal conviction of any member of his crew and the punishment Convictions. inflicted : 2. Every oifence committed by any member of his crew for which it is O^®'"'^^' intended to prosecute, or to enforce a forfeiture, or to exact a fine, together with such statement concerning the reading over such entry and concerning the reply (if any) made to the charge, as hereinbefore required : 3. Every offence for which punishment is inflicted on board and the Punishments. punishment inflicted : 4. A statement of the conduct, character, and qualifications of each of Conduct, &c., of his crew, or a statement that he declines to give an opinion on such "'^*^' particulars : 5. Every case of illness or injury happening to any member of the Illness and crew with the nature thereof, and the medical treatment adopted (if "'J'^"^^' any) :— 6. Every case of death happening on board, and of the cause thereof : Deaths. 7. Every birth happening on board with the sex of the infant and the Births. names of the parents : 8. Every marriage taking place on board with the names and ages of Marriages. the parties : 9. The name of every seaman or apprentice who ceases to be a member Quitting ship. of the crew otherwise than by death, with the place, time, manner, and cause thereof : 10. The amount of wages due to any seaman who enters Her Majesty's Wages of men T . , , ° •' -J entering Navy, service auring the voyage : " •' 11. The wages due to any seaman or apprentice who dies during the Wages of voyage, and the gross amount of all deductions to be made there- deceased from : 12. The sale of the effects of any seaman or apprentice who dies during Sale of the voyage, including a statement of each article sold and of the ^^^^^ "*" ^ sum received for it : 13. Every collision with any other ship and 'the circumstances under ColHsions. which the same occurred. 106. The entries hereby required to be made in official log-books shall ^"^jf^g'^j"^ *° le signed as follows, (that is to say), every such entry shall be signed by the master and by the mate or some other of the crew, and every entry of illness, injury, death, or birth shall be also signed by the surgeon or medical practitioner on board (if any) ; and every entry of wages due to, or of the sale of the effects of, any seaman or apprentice who dies shaU be signed by the master and by the mate and some other member of the crew, and every entry of wages due to any seaman who enters Her Majesty s service, shall be signed by the master and by the seaman or by the officer authorised to receive the seaman into such service. 107. The following offences in respect of official log-books shall be f;^^^|.fj/° punishable as hereinafter mentioned, (that is to say)— ^^j^j^j j^^^ 1 If in any case an official log-book is not kept in the manner hereby required, or if any entry hereby directed to be made in any such log-book is not made at the time and in the manner hereby directed, , the master shall for each such offence incur the specific penalty herein mentioned in respect thereof, or where there is no such specific penalty, a penalty not exceeding fifty Rupees. 1360 Indian Act No. 1 of 1859. Entries in official logs to be received in evidence. Official logs to be delivered to Shipping Master on ship's arrival at Port of destination in India. Official logs to be transmitted to Shipping Master in case of transfer of ship and in case of loss. Depositions to be received in evidence when ■witnesses cannot be pro- duced. Proviso. 2. Every person who makes or procures to be made or assists in making any entry in an official log-book, in respect of any occurrence happening previously to the arrival of the ship at her final Port of discharge in India, more than twenty-four hours after such arrival, shall for each such offence incur a penalty not exceeding three hun- dred Eupees. 3. Every person who wilfully destroys or mutilates or renders illegible any entry in any official log-book, or who wilfully makes or procures to be made or assists in making any false or fraudulent entry or omission in any such log-book, shall for each such offence be liable to imprisonment, with or without hard labor, for a term not exceeding one year. 108. All entries made in any official log-book as herein-before directed shall be received in evidence in any proceeding in any Court of Justice,, subject to all just exceptions. 109. The master of every Foreign-going ship shall, within forty-eight hours after the ship's arrival at her final Port of destination in India, or upon the discharge of the crew, whichever first happens, deliver to the Shipping Master before whom the crew is discharged, the official log-book of the voyage ; and the master or owner of every Home-trade ship of a burden exceeding three hundred tons shall, within twenty-one days after the thirtieth day of June and the thirty-first day of December in 'every year, transmit or deliver to some Shipping Master in India the official log- bock for the preceding half year ; and every master or ov/ner who refuses or neglects to deliver his official log-book, as hereby required, shall be subject to a penalty not exceeding two. hundred Rupees. 110. If any ship ceases, by reason of transfer of ownership or change of employment, to fall within the operation of Section 103 of this Act, the master or owner thereof shall, if such ship is then in any Port in India, within one month, and if she is elsewhere, within six months, deliver or transmit to the Shipping Master at the Port to which the ship belonged, the official log-book duly made out to the time at which she ceased to be within such operation, and in default shall for each offence incur a penalty not exceeding one hundred Eupees ; and if any ship is lost or abandoned, the master or owner thereof, shall, if practicable, and as soon as possible,, deliver or transmit to the Shipping Master at the Port to which the ship belonged, the official log-book (if any) duly made out to the time of such loss or abandonment, and in default shall for each offence incur a penalty not exceeding one hundred Eupees. Pkocbdure, &c. 111. Whenever, in the course of any legal proceedings instituted at any Port or place in India before any Judge or Magistrate or before any person, authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of such pro- ceeding, any deposition that such witness may have previously made in relation to the same subject matter before any Justice or Magistrate in Her Majesty's Dominions (including all parts of India other than those subject to tlje same local Government as. the Port or place where such proceedings are instituted), or any British Consular Officer elsewhere, shall, if authen- ticated by the signature of the Justice, Magistrate, or Consular Officer, be admissible in evidence on due proof that such witness cannot be found within the jurisdiction of the Court in which such proceedings are instituted. Provided that, if the proceeding is Criminal, such deposition shall not be admissible unless it was made in the presence of the person accused and the fact that it was so made is certified by the Justice, Indian Act No. 1 of 1859. 1361 Magistrate,_or Consular Officer. It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition ; and in any Criminal proceeding, such certiticate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified. 112. AH offences under this Act, made punishable by any penalty, may Adjudication be prosecuted summarily before a Magistrate or any person exercising the of offences and powers of a Magistrate. The provisions of Act 13 of 1856, relating to the ''eooyery of adjudication of fines and penalties and the enforcing payment thereof, shall P^"^*'^^- apply to penalties imposed under this Act in the Towns of Calcutta, Madras, and Bombay, and the Settlement of Prince of Wales' Island, Singapore, and Malacca. 113. In all cases where any Court or Magistrate has power to make an Wages, penal- order directing payment to be made of any seaman's wages, penalties, or ^^^' *"'•> pay- other sums of money, then if the party so directed to pay the same is the ^^^^ ^^ ™*^^' master or owner of a ship and the same is not paid at the time and in te le'^^ed "- '' manner prescribed in the order, the Court or Magistrate who made the distress of " order may, in addition to any other powers which such Court or Magistrate ship. may have for the purpose of compelling payment, direct the amount remain- ing unpaid to be levied by distress and sale of the said ship, her tackle, furniture, and apparel. Miscellaneous. tolSp^MonF" 114. Nothing in this Act shall extend to any ship belonging to or in Majesty or to any the service of Her Majesty or to any ship belonging to any Foreign or°stite ^""'''' Prince or State ; and nothing in this Act, except as otherwise herein-after Or {except cer- provided, shall extend to any ship belonging to the subjects of any foreign ddSs^be'SU" Prince or State. to the subjects ot any Foreign 115. When the master of a Foreign ship being at any Port in India Prince or state. engages any lascar or other native seaman to proceed to any Port out of, Engagements India, he shall enter into an agreement with such seaman, and the agree- master^of ment shall be made before a Shipping Master in the manner herein-before Foreign ships provided for the making of agreements in the case of Foreign-going ships, and lascars or and all the provisions of Sections 21 and 22 of this Act respecting the form native searcen. of such agreements and the stipulations to be contained in them and the making and signing of the same, shall be applicable to the engagement of such seaman ; and the master of such Foreign ship shall give to the Shipping Master a bond with the security of some approved person resident in India for an amount calculated at the rate of one hundred Rupees for every such seaman and conditioned for the due performance of the said agreement and stipulations. 116. The fees prescribed in Section 6 of this Act shall be payable in I'ees payablein respect of every such engagement, and deductions from the wages of sea- respect of such men so engaged may be made to the extent and in the manner allowed by ^''gag^™*"'^. the said Section. mTs?»/oreig„ 117. If any lascar or other native seaman is engaged by the master of nativlTslSSn any Foreign ship otherwise than is allowed in the two last preceding otherwise than is Sections, such master shall be liable to a penalty of one hundred Rupees fast prece^ini?'' for every such seaman so engaged. It shall be lawful for the Shipping ||?^'°?s^ ^^^^^^^ Master, by himself or his deputy, to enter on board any Foreign ship upon may hoard which he shall have reason to believe that any such seaman has been Slfp^l'^of * shipped, and the provisions of Section 30 of this Act shall be applicable in unlawfully i. jr I.I.- shipping native respect of every such ship, seamenf 1-18. The following words and expressions in this Act shall have the Interpretation, meanings hereby assigned to them, unless there be something in the sub- ject or context repugnant to such construction, (that is to say) ; the word " India " shall mean the Territories which are or may become vested in " India." 4 R 1362 Indian Act No. 1 of 1859. " Local Govemmeut." " Home-trade ship." " foreign- going ship." "Master." " Seaman." Number. Gender. "Person." Her Majesty by the Statute 21 and 22 Vic. c. 106 entitled " An Act for the better Government of India " ; the expression " local Government " shall mean the person or persons for the time being immediately administering the Executive Government of any portion of the said territories. The expression '■ Home-trade ship " shall include every ship employed in trading between any Ports of the said territories : or between any Port of the said territories and any Port or place on the Continent of India or in the Island of Ceylon. The expression '' Poreign-jroing ship" shall include every ship employed in trading between any Port of the said territories and any Port or place not in the said territories nor on the Continent of India nor in the Island of Ceylon. The word " master " shall include every person (except a Pilot) having command or charge of any ship. The word " seaman " shall include every person (except masters, pilots, and apprentices) employed or engaged in any capacity on board any ship. Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number. Words importing the masculine gender shall include females. The word "person" shall include a corporation. TABLE A. (See Section 5.) Fees to be charged for matters transacted at Shipping Offices. 1. Engagement or .discharge of crews. In Ships under 100 Tons - Prom 100 to 200 J? 200 to 300 ?? 300 to 400 jj " 400 to 500 J) 500 to 600 )) 600 to 700 )) 700 to 800 J) 800 to 900 >J 900 to 1,000 » above 1,000 » Rs. As. , P, 3 7 10 12 8 15 17 8 20 22 8 25 27 8 30 and so on for ships of larger tonnage, adding for every one hundred tons above one thousand, two Rupees and eight annas. 2. Engagement or discharge of seamen separately, one Rupee for each TABLE B. (See Section 6.) Sums to be deducted from wages by way of partial repayment of fees in Table A. 1. In respect of engagements and discharges of crews, upon each engage- ment and each discharge. From wages of any Mate, Purser, Engineer, Surgeon, Carpenter, or Steward From wages of all others except apprentices In respect of engagements and discharges of sea- men, separately, upon each engagement and each discharge - - - Rs. As. P. 12 8 8 Index to Indian Act No. 1 op 1859. 1363 35 Index* to Indian Act Kg. 1 op 1859. Section. AGREEMENT FOE HOME-TRADE SHIP to be entered into before a Shipping Master or other witness 26 Bpecial, several ships belonging to same owner - - - 27 production of, and certificates of competency or service - 32 when alterations in, to be void - - - - 33 copy of, to be accessible to crew .... 34 seaman signing, to have compensation if discharged before voyage - - .... 35 AGREEMENT FOR EOREIGN-GOING SHIP to be signed by seaman - - - 22 (1) ,, explained by Shipping Master to seaman - - 22(2). ,, signed in duplicate - . - . - - 22 (3) agreement with substitutes for seamen who have signed - 22 (4) running, making short voyages - - . - . 23 ,, engagement and discharge of seaman . - 24t ,, fees to be paid on - - - - 25 on signing, certificate of competency or service to be produced by Master ....... 31 when alterations in, to be void - - . - - 33 copy of, to be accessible to crew . - - - - 34 seaman signing, to have compensation if discharged before voyage ------ AGREEMENT between Masters of "Foreign-going ships and native seamen 115 stipulations for allotment of wages to be in - - - 38 ALLOTMENT 0¥ WAGES - - - - . 38-40 stipulations for, to be inserted in agreement . - . 38 ALLOTMENT-NOTES forms of, to be sanctioned by Local Government - - 38 owner of, to pay to Shipping Master - - - 39 Shipping Master may sue for - - - - - 39 receipts and payments on account of - - - - 40- ALTERATIONS , . ,. in agreement with seamen void unless made with consent - 33- APPRENTICES. See Seamen. businesBof Shipping Masters with regard to - - - 4 CASUALTY TO SHIP . when enquiry on, may be instituted - - - iW duty of European Civil Ofiacers with regard to - - - 10(> investigation of, by persons appointed - - - 101 report on, to be sent to Local Government - - WS CEETIPIOATB „ of competency of Masters and Mates - - " 1 9 of service ol Masters and Mates - ' .^, 7 " ' ^i Masters and Mates not to proceed to sea without - ' tt ' of competency for a Poreign-gomg ship available for Home- trade shij) ------- I to be made in duplicate - - - " ■ " ^^ one part of, to be delivered to person entitled - - 1& one part of, to be kept and recorded - - - - 1& * This Index forms no part of the Act. 4 B 2 1364 Index to Indian Act No. 1 of 1S59. Section. OEETIPIOATB— (Oontinued) . when lost, copy may be given . - . . - 16 to be produced by Master of Foreign-going ship on signing agreement .--.... 31 when to be given to Master by Shipping Master - 31 of delivery of agreement to be given to Master - . - 31 production of, of competency or service, for Home-trade ships - 32 of discharge, to be given to seamen - - 43 of competency or service to be returned to Mates - - 43 of desertion - - . - . . 89 DEBT of seamen, when recoverable - ... - 74 DEPOSITIONS may be received in evidence in absence of witnesses - - 111 in criminal proceeding to be certified by Justice, &c. - - 111 DESEETEES may be apprehended without warrant - - - - 86 may be sent on board in lieu of being imprisoned - - 87 imprisoned, may be sent on board before termination of sen- tence ........88 DESEETION of seamen, punishment for - - . . - 83 (1) abroad, entries and certificates of - - - . . 89 facilities for proving --...- go DISCHAEGB of seamen from Foreign- going ships - - - 41 master to deliver account of wages on - - - - 42 master to give seamen certificates on - - .. 43 master to return certificate to mate on - - - - 43 release to be signed on ------ 46 fees to be paid on------. 6 of seamen, having running agreements ■ - - - 24 DISCIPLINE - - - .... 79_99 offences against. See Offences, seamen whom masters are compelled to convey, and perspns going on board without leave, liable to ... 85 EFFECTS OF DECEASED SEAMEN". See Wages. Master to take charge of, and enter description of, in log ' . 59 to be delivered to Shipping Master with accounts . . firt penalty for not taking charge of, and accounting for how recoverable ...... Shipping Master may deliver, to claimants without probate disposal of, when not claimed within a year if claim to, be made after a year . sale of, to be entered in log-book - . . ENGAGEMENT of seamen . . . . - of substitutes for engaged seamen between masters of Foreign ships and native seamen fees on....... ENTEIES to be made in ofiicial logs ..... how to be signed . .... in official logs to be received in evidence ... FEES to be paid upon engagements and discharges ditto in the case of Foreign-going ships - . . by whom to be paid ..... to be paid by applicants for examination - 61 62 63 63 - 105 (12) - 18-35 - 22 (4) - 115, 116 5,6 - 104,105 106 108 5 25 6 10 Index to Indian Act No. 1 of 1859. 1365 FEES— (Continued). for certificates as master and mate .... on engagements between masters of foreign ships and native seamen ---..... for engagement or discharge of crews . . . - FINES entry of, to be made in log-book ..... to be deducted from wages . . . . . FOREIGN-GOING SHIP interpretation of expression ... FOEFEITURE. See Penalties. of wages for frivolous complaint ..... amount of, when contract made - . . . . througli desertion ....... facilities for proving desertion so far as concerns application of....... questions of, how decided ...... GENDER words importing masculine, to include females . HARBOUR MASTER. See Master Attendant. HOME.TRADE SHIP interpretation of expression . . . . . IMPRISONMENT for what offences a seaman is liable to . when seamen may be sent on board before termination of for misconduct endangering ship, or life, or limb when costs of procuring, may be deducted from wages - suits for wages not affected though offence punishable with for obtaining passage surreptitiously . . . . for destroying, &c., entry in log-book . - - . for making false entry in log-book « . . , INDIA interpretation of word ...... INTERPRETATION of "India" ....... of " local government " ...... of " Some.trade ship " ...... of " Foreign.going ship " . of "master" ... . . . of " seaman "......- of number ...-...- of gender ....--.- of "person" . - - . . . LASCARS engagement of, by masters of Foreign ships LICENSE to engage or supply seamen for merchant ships - - - penalty for engaging or supplying seamen without LOCAL GOVERNMENT when, may appoint two persons to investigate into loss,