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Native Courts Declaration Native Rules 1958 Reprinted 1974

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Enacted: 1958
Sections: 2

Front matterCover and publication detailsOpen

RULES, 1958

(G.N.S. 154 of 1958)

LIST OF AMENDMENTS

G.N.S. No.

Rules amended

Effective date of amendment 87/1965

Form I para. 2 (d),

Form II (d)

16-9-1963

Opening note

Preamble

In exercise of the powers conferred upon him by section 18 of the Native Courts Ordinance [Cap. 86.], and all other powers thereunto him enabling, the Governor has made the following rules:-

Section 1

These rules may be cited as the Native Courts (Declaration of Native) Rules, 1958.

Section 2

(1)

Any application to a Native Court under the provisions of subsection (1) of section 3 of the Interpretation (Definition of Native) Ordinance [Cap. 64.] shall be substantially in Form I in the Schedule.

(2)

Any declaration made by a Native Court in exercise of the jurisdiction conferred upon it by subsection (2) of section 3 of the Interpretation (Definition of Native) Ordinance shall be substantially in Form II in the Schedule and shall be scrutinised and countersigned by the District Officer.

FORM I

APPLICATION TO A NATIVE COURT BY PERSON

CLAIMING TO BE A NATIVE

I, (1) …………………………………………………………………………………………………

at present living at (2) ………………………………………………………………………………….

in the District of (3) …………………………………………………………………………………….

hereby apply to the Native Court at (4) ……………………………………………………………

…………………………………………………for a declaration under section 3 (1) (a) (b) (c) (d)*

of the Interpretation (Definition of Native) Ordinance.

*(a) that (5) ………………………………………………………………………………………

is recognised by native law and customs as my parent

--------------

the child of *

(b) that I am, and am living as a member of the native community of (7)

………………….……………………………. (and I have so lived during the period(s) (8)

…………………………………….. and that while so living I have been of good character)*;

(c) that I am a member of the Suluk/Kagayan/Simonol/Sibutu/Ubian people*/a people indigenous to ……………………………………………………………………………………….. to wit …………………………………………………………….…………………………………………*

*(d) that (9) …………………………………………………………………………………… is/

was* a member of the Suluk/Kagayan/Simonol/Sibutu/Ubian people/a people indigenous to the State of Sarawak/State of Brunei*, and lives/lived* at (10) ………………………. (and is known or reputed to be buried at (11) ………………………..………………………………….)* in

Sabah;

No. …………………………. dated ……………………………… issued at ………………………

…………………………………………………….

……………..……………………..

Signature of Applicant.

*Cross out word(s) not applicable.

NOTES

FORM II

DECLARATION BY A NATIVE COURT

In the matter of section 3 of the Interpretation (Definition of Native) Ordinance, Cap. 64, and in the matter of the claim of ……………………………………………………………………...

to be a native.

In the Native Court at ……………………………………………………………………………

Opening note

Preamble

WHEREAS the Court having enquired into the application of

(1)

………………………………… ………………………… for a declaration under subsection (2) of section 3 of Interpretation (Definition of Native) Ordinance is satisfied as to the truth of the understood statements:

THE COURT HEREBY DECLARES –

(a)

that (2) …………………………………………………………………………………………

is recognised by native law and customs as the child of …………………………………………

………………………………….;

(b)

that (3) …………………………………………………………………………………………

is, and is living as, a member of the native community of (4) ……………………………………..

…………………………………………..

(and has so lived during the period(s)

(5)

…………………… ………………….. and while so living has borne a good character)*;

(c)

that (3) ……………………………………………………… is recognised as a member of the Suluk/Kagayan/Simonol/Sibutu/Ubian people* a peole indigenous to ………………

……………………… to wit …………………………………………………………………………...*

(d)

that (6) …………………………………………………………………………….. is/was*

recognised as a member of the Suluk/Kagayan/Simonol/Sibutu/Ubian people*/a people indigenous to the State of Sarawak/State of Brunei*, and lives/lived* at (7) …………………….

(and is known or reputed to have been buried at (8) ………………………………………..…)* in the State.

Given in the Native Court at …………………………………………………………………….

on the …………………………………… 19 …………..

………………………………………………………

Signature of members of

………………………………………………………

the Native Court

………………………………………………………

Scrutinised and found correct,

………………………………………………………

.…….………………………………. District Officer …………………………………………………..

………………………………………………………. (Date)

NOTES

(1)

Applicant’s name in full and father’s name.

(2)

Name of parent or applicant (as the case may be).

(3)

Name of applicant.

(4)

Description and locality of native community concerned.

(5)

Period of periods involved.

(6)

Name and whether father or mother of applicant.

(7)

Description of locality and District.

(8)

Locality and district where grave is situated.

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