1.
| See Pringle (1970), Runciman (1960).
|
2.
| Printed in Vol. VI, Revised Laws of Sarawak, 1958.
|
3.
| See Hooker (1969).
|
4.
| Reprinted verbatim in Keppel l846: (i) 267-69 and Mundy 1848: (i) 277-79.
The original was in Malay and the translation is that of James Brooke.
|
5.
| In Keppel 1846: (i) 285-287.
|
6.
| See Order VIII, 1902.
|
7.
| Order of 31st May, 1893.
|
8.
| Order XXVII, 1915.
|
9.
| Constituted under the Courts Order of 1870.
|
10.
| Or what was understood as such in Sarawak. See the Undang2 Mahkamah Melayu Sarawak in Vol. VII, Revised Laws of Sarawak, 1958 at p.673.
|
11.
| 5th May, 1877, 14th August, 1885, 12th December, 1876, 22nd February, 1877, 25th February, 1889.
|
12.
| Orders of 10th March, 1877 and October, 1863.
|
13.
| Cap. 18, Revised Laws of Sarawak 1948. The Native Tax Rules are in Vol 4, Revised Laws of Sarawak 1948.
|
13A.
| Including, for example, the administration of estates. See s. 17(c) of the Administration of Estates Ordinance, Cap. 80, Revised Laws of Sarawak, 1948 providing for the application of custom. This Ordinance is the successor to the First Administration Order. No. A-5 of 1933.
|
14.
| June, October, November 1870, February, September, December 1871, May,
August 1872, February 1873, May 1878, January 1881, September 1882, March 1883,
March, April, July 1890.
|
15.
| Order No. C-7. 1933.
|
16.
| S.4 (i).
|
17.
| S.13.
|
18.
| See Appendix where the current holdings are listed.
|
19.
| Order No. L-4, 16th February, 1928.
|
20.
| Order No. N-5. 1st February, 1940, later Cap. 26, Laws of Sarawak.
|
21.
| See s. 15.
|
22.
| See s. 6.
|
23.
| Order No. N-3 of 16th November, 1940, later Cap. 4. Laws of Sarawak.
|
24.
| It is worth pointing out here that the Native Administration and Native Courts Orders of 1940 are rather more elaborate versions of the North Borneo Native Administration Ordinance No.2 of 1937 (G.N. 177 of 1941).
|
25.
| Ss. 3-4 Order No. N-3, 1940.
|
26.
| Replacing the Constitution Order No. C-21 of 24th September, 1941.
|
27.
| No. 12 of 1948.
|
28.
| Now Cap. 2, Revised Laws of Sarawak, 1958.
|
29.
| Section 2.
|
30.
| No. 23 of 1953. Now Cap. 93, Revised Laws of Sarawak, 1958.
|
31.
| Section 22.
|
32.
| First Schedule: “Races now considered indigenous to Sarawak”, See also Cap. 1, Revised Laws of Sarawak, 1958.
|
33.
| No. 2 of 1955. Now Cap. 43, Revised Laws of Sarawak, 1958, replacing the earlier Cap. 4.
|
34.
| Native Courts (Fees) Rules, deemed to have been made under s.19 of the principal ordinance G.N. s.103 of 1952 and s.129 of 1957, Revised Laws of Sarawak, 1958.
|
35.
| No.3 of 1955. Now Cap. 5 l , Revised Laws of Sarawak, 1958.
|
36.
| Section 8(2) of Cap. 43.
|
37.
| Of the High Court of Borneo constituted by the Sarawak North Borneo and Brunei (Courts) Order in Council, 1951. Vol. VI, Revised Laws of Sarawak, 1958.
|
38.
| Section 4 of Cap. 51.
|
39.
| Section 3 of Cap. 51.
|
40.
| And also in Sabah.
|
41.
| To some extent it was also felt in pre-war days. See the collections made by the following: Aichner (1950) on Land Dayak inheritance; Hickling (1954) reviewing ter Haar's Indonesian work; Ward (1961) on Sea Dayak fines 1907-1915; Adams (1933) on Land Dayak Fines Lists; Aikman (1935).
|
42.
| See Richards (1961), (1963), (1964) and n.43 below.
|
43.
| Printed in Vol. VII, Revised Laws of Sarawak, 1958, pp.655f. comprising the
following codes:
|
|
| Orang Ulu Code of Fines
|
|
| Orang Ulu Customary Code of Fines (Belaga sub-district) Order
|
|
| Orang Ulu Customary Code of Fines (Fourth Division) Order
|
|
| Sea Dayak (lban) Fines
|
|
| Tusun Tunggu (Fifth Division) Order
|
|
| Tusun Tunggu (Fourth Division) Order
|
|
| Tusun Tunggu (Third Division) Order
|
| In addition, recent papers in the Sarawak Museum Journal add further information. See the following: Aichner (1955): Nyandoh (1955); Geddes (l954):
Ward (1961).
|
44.
| Cap. 81. Revised laws of Sarawak, 1958.
|
45.
| Richards 1961:11-12.
|
46.
| It is worth pointing out that almost half the Native lawsuits involve land or land inheritance.
|
47.
| See Porter 1970:220. For land use data see Lee (1968).
|
48.
| Hooker 1976: 120.
|
49.
| This is done as a matter of course in the Native Appeal Court.
|
50.
| See, for example, my discussion of the term “trust” in Malay adat: Hooker 1976: 188.
|