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Ref.:
CO 537/1374
THE NATIONAL ARCHIVES
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restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' leaflet Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
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cms
Ref.:
THE NATIONAL ARCHIVES
CO 537/1374
Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' leafel.
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(vi) It is understood that both registration of title and registration of deeds apply; the former in North Borneo and the latter in Labuan, though it is not clear whether the legislation of Deeds Ordinance has actually been applied in this Settlement. Section 9 follows that for the Malayan Union.
D.
Brunei
(1) If it is desired to include the definition of "duresa or coercion" "coercion" only should be included, as the Indian Contract Act is followed in Brunei.
(ii) References to the Malayan Union should be replaced throughout by appropriate references to the State of Brunei.
(iii) "Ordinance" should be replaced by "Enactment"; "Governor" by "Sultan in Council" and "High Court" by "Court of the Resident".
(iv) Under Section 2 the appropriate dates of "occupation period" are left for insertion.
(v) In Section 2 for the definition of "Malayan currency" substitute "Brunei currency means the dollar currencies in circulation and constituting legal tender in the State of Brunei before or after the occupation period". References to "Malayan currency" in Sections 3 and 6 should be replaced by references to "Brunei currency".
(vi) Section 9. It is understood that in Brunei there is registration of title. It is suggested that Sub-section 3 should be amended to read:-
"(3) Notwithstanding that a charge being a security in force in accordance with Sub-section (1) of this section has ceased to be registered in accordance with the Land Code and notwithstanding that the land has been transferred to a third party from the date of the coming into force of this Enactment such charge shall be deemed to be and shall be registered as if the discharge of the said charge had not been registered".
Suh-section (4) should be omitted and Sub-section (5) should be renumbered (4); the words "the charge, caveat or assurance" at the end of the Sub-section should be replaced by the words "the charge".
E.
Sarawak
(i) If it is desired to include the definition of "duress or coercion" it should be limited to "duress" since English Contract Law is followed in Sarawak.
(ii) Reference to the Malayan Union should be replaced throughout by appropriate reference to the Colony of Sarawak.
(iii) Under Section 2, the appropriate dates of "occupation period" are left for insertion.
(iv) In Section 2 for the definition of "Malayan currency" substitute "Sarawak currency means the dollar currencies in circulation and constituting legal currency in the territories now comprising the Colony of Sarawak before or after the Occupation period". References to "Malayan currency" in Sections 3 and 6 should be replaced by references to "Sarawak currency".
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