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PUBLIC RECORD OFFICE
Reference :-
C.O. 882
8 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
178
SCHEDULE.
(SECTION 20.)
IN THE SUPREME COURT OF THE STRAITS Settlements.
SETTLEMENT of
In the matter of
the Petition of A. B.
Petitioner. Versus The Tanjong Pagar Dock Board.
I do hereby certify that A. B. fhe above-named Petitioner did on the
day of
19 obtain a judgment (order or decree) of the Supreme Court in this suit in his favour and that by such judgment the sum of dollars
was awarded to him with (or without) costs or that (here state the nature of any order or decree made) with (or without) costs (and that the costs have since been taxed as against the said Board at dollars
). Dated the
REPORT ON
16
day of
19
Enclosure 2 in No. 124.
Registrar.
An Ordinance to provide for the acquisition by the Government of the Straits Settlements of the undertaking known as the Tanjong Pagar Dock Company, Limited, and for the management of the same " being Ordi- nance No. VII. of 1905.
1. The Bill for this Ordinance was introduced with the sanction and by the direction of the Secretary of State.
2. The principal amendments made in Committee were as follows:- Section 2. Certain verbal alterations in the interpretation of the expression "undertaking."
Section 4. For the words "the Government shall be liable for" were substi- tuted the words "there shall be transferred to the Government"; the word " liabili- ties"
was inserted after the word "debts," and a proviso was added enabling the Company to pay compensation to servants and officers of the Company whose services are not required after the transfer of the undertaking to the Government, the question to what extent the amount of such compensation is to be payable by the Government to the Company being referred in case of difference to the Court of Arbitration. This section admits the principle of compensation to servants for loss of employment, which was not contemplated in the Bill.
Section 7 (c). For the words " There shall be paid by the Government to the Company from time to time on account of the sum ultimately found to be due to the Company from Government," the following words were substituted: "There shall be advanced by the Government to the Company from time to time for the purposes of this section.
31
Section 10. This section was subjected to considerable verbal alterations. It is substantially the same, but as it now stands it is more precise, and limits three months from the ascertaining of the compensation as the period within which the Company must fix the amount to be paid in inscribed stock.
Section 11. Clauses (e) and (f) are new. (e) enables an arbitrator appointed in substitution for an arbitrator who has died or become incapable of acting, to act upon the evidence already taken, and (f) gives an arbitrator the same power with regard to evidence taken at a sitting of the Court at which he was unable to attend.
Section 12 has been considerably altered. It was thought more convenient, as the arbitrators and umpire are not likely to be locally chosen; that they should not be compelled to hold all their sittings in the Colony, but only those held for taking evidence and hearing counsel. There is also an alteration with regard to the application to proceedings under this Ordinance, of the provisions of the Arbitration Ordinance, 1800 (corresponding to the Arbitration Act, 1888).
The necessary provisions as to the administering of oaths and taking of affirma- tions, the correction of mistakes in the award, and the summoning, attendance and
179
examination of witnesses, and the production of documents are to apply, but no other part of the Ordinance. It is not desired to give any reference to the Supreme Court.
Section 13 is new. It permits the employment of English barristers as counsel before the Court of Arbitration.
Section 15. An alteration has been made in this section. The mention of the dissolution of the Company has been omitted. It comes more properly in its place in Section 19. It is provided that a sum shall be awarded by the Court to cover the expenses of winding up.
13
Section 19. For the words "when the scheme has been completely carried out (which were considered inapplicable) the words " when all moneys or stocks (if any) as in Section 18 mentioned have been paid or transferred into Court."
There seems to be something obscure in the phrase "the said time" in this section. It means, I take it, "the time "
Or "the proper time." Section 20. Sub-sections 2 and 3 have been added in order to enable a judg- ment creditor of the Board to recover his debt. Execution in the ordinary way would be impossible, the property being all vested in the Crown.
Secti 22. The first paragraph of this section is new. It gives a limit of twelve months from the assessment of the compensation, for the payment of the money, and issue of the inscribed stock in which the compensation is to be paid.
Section 31 has been a good deal altered. Instead of providing that the Board shall pay half-yearly into the Treasury five per cent. per annum on the amount paid by Government under the provisions of the Ordinance, it is enacted that the Board is to pay to the Government the full ascertained amount of the charges incurred by the Government in connection with the issue of any loan for the purposes of the Ordinance. A third sub-section is added providing that the Board shall pay interest at such rate not exceeding five [? four] per çent., as the Governor in Council may fix on all money advanced by the Government for the purpose of the Ordinance from general revenue.
3. I am of opinion that this Ordinance may properly receive the Royal Assent.
Attorney-General's Chambers,
19041
GENTLEMEN,
Singapore, April 27, 1905.
No. 125.
W. R. COLLYER,
Attorney-General.
COLONIAL OFFICE to CROWN AGENTS.
Downing Street, June 6, 1905. I AM directed by Mr. Secretary Lyttelton to request you to pay from Straits Settlements Funds to Messrs. Sutton, Ommanney and Rendall the sum of one thousand pounds, to be paid by them to Messrs. Deloitte and Company as an advance on account of the professional charges and expenses of that firm in connection with the examination of the Tanjong Pagar Dock Company's books.
19041
SIR,
No. 126.
I am, &c.,
C. P. LUCAS.
MR. LYTTELTON to GOVERNOR SIR J. ANDERSON. (No. 147.)
Downing Street, June 6, 1905.
I HAVE the honour to forward, for your information, a copy of a letter from Messrs. Sutton, Ommanney, and Rendall asking that a payment of £1,000 may be made to Messrs. Deloitte and Company as an advance on account in connection with the examination of the books of the Tanjong Pagar Dock Company.
2. The Crown Agents have been authorized to make this payment.
I have, &c.,
• No. 120.
ALFRED LYTTELTON.
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20505
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