‘Bond having objected, cited sections T12 of Act XI. of 1886-and 29. of Act XIVHIL of 1860, ‘The Count therenpon gave the defendant his costs ngainst the plaintiff, é Fan genat by etl a Sait Unset masz 1 dose not proven tho transfer am, Eeectieiey " SS gabe Sy ca ae ee niet ty oat fg H i u i L “rhe competenay of witneses, is to be determined by ths lw, ofthe forum ; 20 that sited tr hte atte SEES eee ener ee al aS eae ey Ct = Ota Te te ops eae etadogy so tha ptcn fs, oS at ope ad oso Te ae cyan rm ay ae Sx a Grete teal tis pa RAE Gus hperd clan diet tt cra ae, Orns aa Gee ceed tren heals Ueiat eySTRATES SETTLEMENTS, 27 12 case was hesrd on the S0th and Sst Angas ember, and on this day. "D, Braddall (Attorney-General) for plainif. Woods, june. “with him.) for defendants, Gur. Ado, Vult, 18th Moreh 1872, Hackets, J—In this case a petition the Equity” side of the Court by Fathinah, of the lite Mahomed Noord F the late Mahomed in, a Mahomedan merchant of Penang, who died here on the 12th April, 1870, of the petition 1 decenaed died inte 1g to the rules of the Hnglish or further preys that such of the ‘have buen exeont~ Aolirered daring with the intention that the id operate as conveyances of a daughters, Iaweinany C ve hundnod rope iy and that the shave farther advised an charee that thece he crate sud effets of fhe ead ate.258 Orv OaRES. Parmemt Loans ton. justice. / part of tho ease, the Attorney. ‘mabitained. two ‘propositions, fi 807, MakomedanSTRAITS SEYTLEWENTS, 20 ‘the Bast India Company, for and on behalé of the Company. On the oeeasion of taki pulliched th OR Maoneer, {ekiug potsssion of the Tsand, Captain Light “ER” oi os pli for she et Jounal of Tndon Arh 8S, fe ‘errata med WA,ab ormmn cases, aac opt rom ha logins hich all Sri ha a te coat. mt i has al been ah ‘ dapendony of Fort Wr en “Court at Tort ‘therefore’ do not to whit he rerlooked by all the addressed by the George Leith, ated 15th Mares, 1800, Sng law, ion to. frame ‘regulations tocordaos with the pi aid dor, the Governor-General ee Ppa eu tie of Gorge Leith, Bt, 18002008,Somains setrimizrs oi ‘regarded the forest iw. is all respect for thy opinion of ink the fasts do no “nformed, “1788, ‘wad were not any ‘than. that there 3 Judges ‘isrented po eft upon the gh Bo Paves gooa crv casts, ‘Recording to the lawe they regulated private rights between panty the eurrent of authority whieh has flowed ‘be disturbed, i ry to add, that our Charters con ig to those of the Tadian Chatter, logea.on. Mehiomedan Gentoos, and 1o-gronnil to hold_them exeinpt from sub- Te fallowa from what Lav 9 the publ in 180% iomed Noordin was dounietled here at the tine of i sd wp to the ti Ae Sit, B. ‘fault of native tt ‘nd trusts to pay the ators nred to auch disp ste, as aforesaid, spating son or daughter, grad Vide ‘BlosilOa, Vol Hal Une Reports——+ STRAITS SETTLEMENTS. 28 ‘famn or grandanghtr, oF hei aus tobe divided ammget tho Haga, J. “heen eontendad oid as being 2ep ants, The pl was daly divorces "Phat hie $0 fon acsount of her inatiention during his iliness, He sald that Lis254 crvit, cases. J father frequently spoke of the divorce, and thy understood in the family that she was divor ess acoounts for the fact of Fat Dis father's compound, by theci was thoroughly that next day be ‘two men narted All lagjee Lebby, aid directed seat he then took Shes pecs our alu Tako your aghter, Mah ave nothing ‘exoept tho other, N ‘concubine of the sve three rupees to. Patic fouand T 2re no more ‘that after taking thein, Tatimaly went down ‘Thst her daughters also cried. ‘That her fnter” asked. Noordin if her mother might Weare, but dhat ae must Teave the ignorance of certain oizoumstance suppete that she was not acquainted. ‘How con it be supposed for instance, that she can have been fact thst the belief was’ prevalent in, the howso- ‘Wold, that her hasbsnd lad diverood her oa account of her inattea- ton to him during his illness, ‘Then aasmuiog aa T think upon the evidence, it most be assumed, that Noorin took care to have the fact of the divorce ook, can ib be supposed for a monent rested i th ‘knew noth partioulatly ‘when we couple with it the fuels thatSTRAITS SETTLEMENTS, 2 removed to her daaght iments, and within a yeur after wont Macrers, 9 tolive tn another he ah Mhe evidenos of Tengah Chee Mab, 57. Fatimah’s daughter, does not seam to me to be material at she ‘was too young to hare known of the divorce atthe time itisalloged ‘ have been tade. toot ‘Then there was theevidence of Mahomed Ally,a Khatib orpriest 7°" #o=8 of the Mahomedan mosque. He produces the following paper =— Corr op Divonez. find in their presence gave her three taluks and formally divorced ther, commantling her to leare the house, bat on tho entroaty of his28 IVIL, CASS. ‘roo? of the fact. “As the Mf Rat ey in eotiaetny masse Sut Mink Wmay bewatsintyfoeie from th eitence ot {ales ited Matometseg nde fave aoa Seu ao Me rteaten at by wien Nous Roo Bag nad Noe Opy Lie Snr wl ire lttng ote cotta of hn Sate te iy be n estrangement. from Former wife, and the mother of his children, that she is not even nn ungod by the Attorney-General Uuat there is not suficiont evidence of the divoree, beeauce ‘he two eonoubines is fo be determined by the sof the country where the question arises, where tho remedy ‘ought to be enforced, and whore the Court sits to enforce ‘therefore think that the objection to the testimony of tho ‘io concubines on the ground of their incompeteney, cannot betp. hoe Tom non a in a pag Mg ‘was abandoned by the 10% on ee easton petition goes on to charge that the eubeeq the personally, overralss aud venders. void the prev ‘the fo natural ons, ‘The sections thus rolerred to, fant J that they cannot ly stand. to section tn oval, om the prin) so are ‘considerec aga te Ser ft} nist by and ant bedi ier appl estos aa idpreed tek the el ep messuages, cotlages, afterwards gave: al Neand'. at ole ertions and gives Grader Jeamnye his share lapsed, and did ao lapso, and that ‘estator's etate,28 Cavin cases. seer, ‘The next question arises on the 6ti.sotion ofthe Wil. By wa ti oes of land Th Poneng, cman Pi wee * the lands vr gag, a2 he farther dine 001s #08 hp aid lands, to pay for ever th ‘oalntain (es 10dh paragraph of peition) that + Hs al lt hy a loan loss of lod the way of antiipatio vement of the clause bontaining the gift in wh ho supper andmsintenaceof oy daeSTRAITS SETTLEMENTS, ing tenante for ‘the sense of Farmar & death. “month to be paid to Shak Moydin for shee and Habib ‘Mahomed Merioan Noord SL eerene fad profte of the at tho question of tho validity of jan or custom ta the poor for my of my decea bb expended in purchasing dot ‘This clause wae not discussed ab any le object of thie elanss seems t0 be to ‘Funds for certain ceremonial entertainments, to be given ‘hey ave Jeft t form my opinion from Teontess tnt Looking athe desexiption of th tors bounty in the most Uberal manner, it does ot appear to me tliat they ean, in any ‘haritatlo. Tio not see how it eon be of any publiowt ‘whon thoge fousts are to bo enjoyed. hy the He would be good charity to give alms to tho poor, u feast can earosly he ogarded in the same On the whole Tam of opinion that they are therefore ‘The only remaini hia part of the Will is, as to ‘to be expended in purchasing poor” When o testator gives legal or wuattainable, and gives for those. poxpoges to a purposelegally good, the question of the validity of the git of 2s wotld seem to depend on whether. the exact amount ‘purposes, ie either specified or can be to bo in trust for such child and then there are oroas-remainders betmeen the ‘Ton this devise, the Attorney-General has contended in the fret place that itis void from remoteness, But T confess, Tam tunable to tee in what manner it violotes the rule against perpeta- en The land iz given to the trustees in trust to pay the annual‘STRATTS SETTLEMENTS. am and from and after their de. Hage iy and Rajah gue in equal bares; and secondly as tothe ‘one shaze ‘apaxt, and hold in trast for Abdul Cau ‘and that the gift over 1 the tes emo that this furnishes «reason, ‘or daughter to talc his pare ja the general clause establishing. erose-rer he deriases under the postion of the Wi may be, thete is high wagift over in tho eve 2 ® certain age, or under any other presri ‘ ey. Tho words “reat and residae”™ ator has already given, and tho efoct of ' footed by the parenthe- Tihave ly deel of gfe 2h theelore of v ea obtained, such plen disclosed, give no right or