breach within the State of any contract wherever made; and whenever any act or thing sought to be restrained or removed, or for which damages are sought to be recovered, was or is to be done or is situate, within the State, or if the cause of action arose in the State, 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 State. In suits founded on contract cause of action as used in this 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.

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6. The said Court shall have original criminal jurisdiction for the inquiry into and trial of all offences committed in the State or on the high seas on board ships registered in the State or committed by subjects of the State on the high seas on board ships, whether such ships be registered in the State or

not.

7. In its appellate jurisdiction the said Court shall have power to hear and determine all appeals from the decisions of the lower Courts, both in civil and criminal matters; and may exercise full powers of supervision and revision in respect of all proceedings in such Courts.

8.-(i) The Court of a Magistrate shall in its criminal jurisdiction try all offences for which the maximum term of imprisonment provided by law does not exceed a term of seven years' imprisonment of either description, or which are punishable with fine only, and any offence in respect of which jurisdiction is given by law to the Court of a Magistrate; and in its civil jurisdiction shall hear and determine all suits when the amount in dispute or the subject matter does not exceed 1,000 dollars.

(ii) Such Court shall also have power

(a) To grant probates of wills and letters of administration in the estates of persons leaving moveable or immoveable property in the State or at the time of death having a fixed place of abode within the State where such estate exclusive of what the deceased was possessed of or entitled to as a trustee and not beneficially, but without deducting anything on account of the debts due or owing from the deceased, does not exceed in value 2,500 dollars, and to alter, revoke or annul the same.

(b) To appoint and control guardians of infants and lunatics. Provided that nothing in this clause shall be taken to be in derogation of the full powers of the Court of the Resident in respect of the matters mentioned in sub-clauses (a) and (b) thereof.

(iii) In its appellate jurisdiction the said Court shall have power to hear and determine all appeals from the decisions of inferior Courts both in civil and criminal matters, and may exercise full power of revision and supervision in respect of all proceedings in such Courts.

9. The Court of a Native Magistrate shall have power to hear and determine all suits brought by or against Malays or . other Asiatics in which the amount in dispute or the subject matter does not exceed 25 dollars, and in its criminal jurisdiction shall have power to try and determine cases in which the maximum amount of imprisonment prescribed by law does not exceed three months.

The Court of a Kathi shall have such powers in all matters concerning Mohammedan religion, marriage and divorce as may be defined in his " Kuasa.”

10. In the event of any lawful order made by the Court of a Native Magistrate or Kathi not being obeyed, it shall be lawful for such Court to report the matter with a copy of all proceedings therein to the Magistrate's Court having jurisdiction in the district where such Court is situated. Such Magistrate's Court shall, after satisfying itself as to the justice of the order, enforce such order as though it had been an order made by itself.

11.-(i) All Magistrates shall be appointed by the Resident for the State or for such areas as may be specified. Such appointment shall be publicly notified and shall take effect from the date of publication.

(ii) Any Magistrate may be suspended from office by the Resident.

12. All Kathis shall be appointed by the Sultan in Council within and for the areas mentioned in their "Kuasa" and may be suspended or removed from office by the same authority. Every such appointment, suspension or removal from office shall be under the hand and seal of the Sultan and shall be countersigned by the Resident.

13. The following sentences may be imposed by the various Courts:

Resident's Court.-Any sentence authorized by law.

Magistrates' Courts.-Imprisonment for a term not exceeding

two years.

Fine not exceeding 1,000 dollars.

Whipping not exceeding 12 strokes.

Native Magistrate's Court.-Fine not exceeding 10 dollars. Kathi's Court.-Fine not exceeding 5 dollars.

14.-(i) The Supreme Court or any Judge thereof shall have original jurisdiction in the case of any offence charged to have been committed within the State for which the punishment of death is authorized by law.

(ii) Such jurisdiction may be exercised either within the Colony or within the State.

(iii) In a trial under this section the accused may be convicted of any offence other than one punishable by death, provided that it arises out of the matters constituting the offence with which he is charged.

(iv) The criminality of the act charged and the punishment to be inflicted shall be determined according to the law of the State.

15.-(i) An appeal shall lie to the Court of Appeal sitting within the Colony from the final decision of the Court of the Resident in any civil action or proceeding where the amount in dispute or the subject matter exceeds 1,000 dollars, but no such appeal shall lie in any of the following cases :—

(a) Where the judgment or order is made by the consent of parties;

(b) Where the judgment or order relates to costs only; or (c) Where by any Enactment for the time being in force the judgment or order of the Court of the Resident is expressly declared to be final.

(ii) The appellant shall give notice of appeal within 42 days from the date when the judgment or order was pronounced or within such further time as the Court of Appeal may by special order direct.

16.-(i) An appeal shall lie to the Supreme Court sitting within the Colony from any decision of the Court of the Resident in the exercise of its original jurisdiction whereby any person has been convicted and sentenced to not less than two years imprisonment or to a fine of not less than 500 dollars.

(ii) The appellant shall lodge at the Court of the Resident a petition of appeal addressed to the Supreme Court within seven days from the date when the judgment or order was pronounced, or within such further time as may be allowed by the Court of the Resident.

17. The Court of the Resident shall execute, enforce and give effect to any judgment or order of the Court of Appeal or of the Supreme Court made under this Enactment.

18. From any judgment or order of the Court of Appeal in any civil matter under this Enactment an appeal may be made to His Britannic Majesty in Council subject to such rules and regulations as may be prescribed by order of His Majesty in Council.

19. The procedure to be followed in civil actions and proceedings in the Court of the Resident and in Magistrates' Courts and the procedure to be followed in prosecuting an appeal (including the giving of security) from the Court of the Resident to the Court of Appeal shall be that prescribed by the Civil Procedure Code in force for the time being in the Colony with respect to District Courts and the mode of appeal therefrom with such alterations as may be required to suit the circumstances of the State. The appeal shall be heard by the Court of Appeal and shall be determined in accordance with the law of the State. Provided that in matters where District Courts have no jurisdiction the procedure prescribed by such Code in respect of the Supreme Court shall be followed with such alterations as may be required to suit the circumstances of the State.

20. The procedure to be followed in criminal proceedings in the Court of the Resident and in Magistrates' Courts shall except in cases where the punishment authorized by law for the offence is death be that prescribed by the Criminal Procedure Code in force for the time being in the Colony with regard to Police Courts and District Courts with such alterations as may be required to suit the circumstances of the State.

21. The procedure to be followed in prosecuting an appeal (including the giving of security) from the Court of the Resident to the Supreme Court in criminal cases shall be that prescribed by the Criminal Procedure Code in force for the time being in the Colony with regard to appeals from Police Courts and District Courts. The appeal shall be heard by the Supreme Court in the manner prescribed by the Criminal Procedure Code in force for the time being in the Colony and shall be determined in accordance with the law of the State.

22. The procedure to be followed in the Courts of Native Magistrates and Kathis and in appeals therefrom shall be such as shall be prescribed by Rules made by the Resident under this Enactment.

23.-(i) In case any person shall be charged with an offence for which the punishment of death is authorized by law a preliminary inquiry shall be held in a Magistrate's Court in the manner prescribed by the Criminal Procedure Code in force for the time being in the Colony for preliminary inquiries into offences triable by the Supreme Court.

(ii) In any case where such person shall be committed for trial the record of the proceedings shall be forwarded to the High Commissioner who may direct that the person so committed be tried :

or

(a) In the Court of the Resident;

(b) By a Judge of the Supreme Court sitting in the State;

(c) By a Judge of the Supreme Court sitting in the Colony. (iii) When any person is tried under this section by the Resident or by a Judge of the Supreme Court sitting in the State, the Resident shall nominate and summon as assessors not less than two and not more than four indifferent British subjects of good repute resident in the State or belonging to a British ship, but where the Resident is able to obtain the presence of one fit person only as assessor the Resident or Judge (as the case may be) may sit alone with him as assessor. (iv) An assessor shall not have a vote in the decision of any case, but an assessor dissenting in a criminal case from any conviction or the amount of punishment awarded may record his dissent and the grounds thereof and the same shall be annexed to and form part of the evidence.

If any person summoned to act as assessor fails without lawful excuse to attend at the trial or any adjournment thereof or to continue to serve throughout the trial, he shall be liable under a summary order of the Resident or Judge to a fine not exceeding 50 dollars to be levied by attachment and sale of his goods and in default of recovery thereby of the fine to be sentenced to simple imprisonment for a period not exceeding six days if the fine is not sooner paid.

(vi) A trial under this section shall be conducted as near as may be in the manner in which criminal trials are conducted in the Colony under the Criminal Procedure Code in force for the time being in the Colony but the provisions contained in such Code relating to a jury shall not apply.

(vii) Where any person is tried under this section by a Judge of the Supreme Court sitting in the Colony the trial shall be conducted in every respect as if the offence alleged had been committed within the Settlement of Singapore.