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Section 2

In these Rules, unless the context otherwise requires -

of Native Courts Native Customary Laws Rules 1995

State Subsidiary LegislationIn forceProvision 2 of 58
Section 2

“adat fine” means a penalty imposed in accordance with the native custom or local mores in the district in which the Court is established;

“animal” means any animal which is tame or which has been or is being tamed to serve some purposes for the use of man;

“babas” means any customary conciliatory gift to an aggrieved party designed to preserve the bonds of friendship;

“bumbung” means a customary device constructed or affixed on certain property as a declaration to the general public of ownership of such property;

“denda malu” means a customary compensation in respect of any breach of native customary law which exposes the aggrieved party to the possibility of disgrace,

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dishonour, humiliation or loss of dignity before the relatives or community to whom or which such aggrieved party belongs;

“fine” means a pecuniary penalty imposed by the Court other than adat fine;

“fowl” includes cock, cockerel, chicken, duck, goose, hen and rooster;

“kepanasan kampung” means a customary fine in respect of an offence against the general virtues and dignity of a village;

“koimanan” means a loss or damage suffered by reason of a breach of promise to perform a certain act;

“kosoguluanan” means any marriage of a person who marries before an elder brother or sister;

“lapau” means a bigamous or polygamous marriage and the native customary fine imposed thereof;

“livestock” includes buffalo, bull, calf, cow, ewe, goat, heifer, pig, lamb, ox, ram and sheep;

“maga’au” means the act of marrying a man who is the husband of another woman;

“mianu-anu” means an illicit intercourse between persons who are not married to each other;

“mobpuod” means the customary observance of a bereavement period;

“mogundosi” means any act, word, sound or gesture tending or designed to threaten with hurt, death or instill fear;

“mongintiti” means any act, word, sound or gesture tending or designed to insult and provoke;

“other things” includes any article, jewellery, handicraft, instrument, goods, ornamental object, garment or clothing material which is recognized under native custom as a substitute for the payment of a penalty;

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“pitas” means a marriage between persons who are related through a prohibited degree of consanguinity;

“sogit” means customary haematic penalty;

“solod” means the act of marrying a woman who is the wife of another man;

“sumbang” means an incestuous act between persons who are related through a prohibited degree of consanguinity;

“tonduk” means a pikestaff, stake, picket or similar object set in the ground and pointed at certain property as declaration to the general public of ownership of such property.

Use of vernacular term.