SECOND SCHEDULE
Section 7
MISCELLANEOUS AMENDMENTS
THE CIVIL LAW ACT (CHAPTER 43)
1. The Civil Law Act is amended —
by inserting, immediately after subsection (2) of section 4, the
following subsections:
“Voluntary waste. Cf. 52 Henry III (Statute of Malborough)
c.23. (1267)
A tenant for life or lives or a leasehold tenant shall not
commit voluntary waste; but this subsection shall not apply to any
estate or tenancy without impeachment of waste, or affect any
licence or other right to commit waste.
A tenant who infringes subsection (2A) shall be liable in
damages
to
his
remainderman
or
reversioner;
and
in
subsection (2A), “leasehold tenant” includes a tenant for a
term, a tenant under a periodical tenancy and a tenant at will.”;
by inserting, immediately after section 6, the following sections:
“Contracts which must be evidenced in writing. Cf. 29 Charles II
c3 (Statute of Frauds 1677, s. 4) Law of Property Act 1925, s. 40
6A. No action shall be brought against —
any executor or administrator upon any special
promise to answer damages out of his own estate;
any defendant upon any special promise to answer for
the debt, default or miscarriage of another person;
any
person
upon
any
agreement
made
upon
consideration of marriage;
any person upon any contract for the sale or other
disposition of immovable property, or any interest in
such property; or
any person upon any agreement that is not to be
performed within the space of one year from the
making thereof,
unless the promise or agreement upon which such action is
brought, or some memorandum or note thereof, is in writing and
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signed by the party to be charged therewith or some other person
lawfully authorised by him.
Trusts respecting immovable property and disposition of
equitable interest. Cf. 29 Charles II c. 3 (Statute of Frauds
1677, ss. 7, 8 and 9) Law of Property Act 1925, s. 53
6B.—
A declaration of trust respecting any immovable
property or any interest in such property must be manifested and
proved by some writing signed by some person who is able to
declare such trust or by his will.
A disposition of an equitable interest or trust subsisting at
the time of the disposition must be in writing signed by the person
disposing of the same or by his agent lawfully authorised in
writing or by will.
This section does not affect the creation or operation of
resulting, implied or constructive trusts.”; and
by inserting, immediately after section 16, the following section:
“Executor of executor represents original testator. Cf. 25
Edward III St. 5.c.5 (1351-2)
16A.—
An executor of a sole or last surviving executor of a
testator is the executor of that testator; but this provision shall not
apply to an executor who does not prove the will of his testator
and, in the case of an executor who on his death leaves surviving
him some other executor of his testator who afterwards proves the
will of that testator, it shall cease to apply on such probate being
granted.
So long as the chain of such representation is unbroken, the
last executor in the chain is the executor of every preceding
testator.
The chain of such representation is broken by —
an intestacy;
the failure of a testator to appoint an executor; or
the failure to obtain a probate of a will,
but is not broken by a temporary grant of administration if probate
is subsequently granted.
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Every person in the chain of representation to a testator —
has the same rights in respect of the estate of that
testator as the original executor would have had if
living; and
is, to the extent to which the estate of that testator has
come to his hands, answerable as if he were an
original executor.”.
THE CONVEYANCING AND LAW OF PROPERTY ACT
(CHAPTER 61)
2. The Conveyancing and Law of Property Act is amended —
by inserting, immediately after section 18, the following section:
“Relief against forfeiture by action for non-payment of rent. Cf. 4
George II c. 28 (Landlord and Tenant Act 1730) County Courts
Act 1984, s. 138
18A.—
This section has effect where a lessor is proceeding
by action to enforce against a lessee a right of re-entry or
forfeiture in respect of any immovable property for non-payment
of rent.
If, within the time prescribed by rules of court for
acknowledging service of the writ by which the action was
commenced, the lessee pays into court all the rent in arrear and the
costs of the action, the action shall cease, and the lessee shall hold
the land according to the lease without any new lease.
If —
the action does not cease under subsection (2); and
the court at the trial is satisfied that the lessor is
entitled to enforce the right of re-entry or forfeiture,
the court shall order possession of the land to be given to the
lessor at the expiration of such period, but not being less than 4
weeks from the date of the order, as the court thinks fit, unless
within that period the lessee pays into court all the rent in arrear
and such sum as the court shall direct on account of the costs of
the action.
The
court
may
extend
the
period
specified
under
subsection (3) at any time before possession of the land is
recovered in pursuance of the order under that subsection.
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Subject to subsection (6), if —
within the period specified in the order; or
within that period as extended under subsection (4),
the lessee pays into court —
all the rent in arrear; and
the sum directed to be paid on account of the costs of
the action,
he shall hold the land according to the lease without any new
lease.
Subsection (2) shall not apply where the lessor is proceeding
in the same action to enforce a right of re-entry or forfeiture on
any other ground as well as for non-payment of rent, or to enforce
any other claim as well as the right of re-entry or forfeiture and the
claim for arrears of rent.
If the lessee does not —
within the period specified in the order; or
within that period as extended under subsection (4),
pay into court —
all the rent in arrear; and
the sum directed to be paid on account of the costs of
the action,
the order may be enforced and so long as the order remains
unreversed the lessee shall be barred from all relief.
The extension under subsection (4) of a period fixed by the
court shall not be treated as relief from which the lessee is barred
by subsection (7) if he fails to pay into court all the rent in arrear
and the sum directed to be paid on account of the costs of the
action within that period.
Where the court extends a period under subsection (4) at a
time when —
that period has expired; and
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a writ of possession in respect of the property has been
issued,
the court shall suspend the writ for the extended period, and if,
before the expiration of the extended period, the lessee pays into
court all the rent in arrear and the sum directed to be paid on
account of the costs of the action, the court shall cancel the writ.
Nothing in this section shall be taken to affect —
the power of the court to enter final judgment in a case
where the defendant fails to give notice of intention to
defend; or
the power of the court to make any order which it
would otherwise have power to make as respects a
right of re-entry or forfeiture on any ground other than
non-payment of rent.”;
by inserting, immediately after Part XII, the following Part:
“PART XIIA
ACCUMULATIONS
Restrictions on accumulation of income. Cf. 39 and 40. George
III, c. 98 (Accumulations Act 1800) Law of Property Act 1925, s.
164
69A.—
No person may by any instrument or otherwise settle
or dispose of any property in such manner that the income thereof
shall, except as provided in subsection (2), be wholly or partially
accumulated for any longer period than one of the following,
namely:
the life of the grantor or settlor;
a term of 21 years from the death of the grantor, settlor
or testator;
the duration of the minority or respective minorities of
any person or persons living or en ventre sa mere at
the death of the grantor, settlor or testator;
the duration of the minority or respective minorities
only of any person or persons who under the
limitations
of
the
instrument
directing
the
accumulations would, for the time being, if of full
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age, be entitled to the income directed to be
accumulated;
a term of 21 years from the date of the making of the
disposition; or
the duration of the minority or respective minorities of
any person or persons in being at the date of the
making of the disposition.
In every case where any accumulation is directed otherwise than
as
aforesaid,
the
direction
shall,
except
as
provided
in
subsection (2), be void; and the income of the property directed
to be accumulated shall, so long as the same is directed to be
accumulated contrary to this section, go to and be received by the
person or persons who would have been entitled thereto if such
accumulation had not been directed.
This section does not extend to any provision —
for payment of the debts of any grantor, settlor,
testator or other person;
for raising portions for —
any child, children or remoter of any grantor,
settlor or testator; or
any child, children or remoter issue of a person
taking any interest under any settlement or
other disposition directing the accumulations
or to whom any interest in thereby limited,
and accordingly such provisions may be made as if no statutory
restrictions on accumulation of income had been imposed.”; and
by inserting, immediately after section 73, the following sections:
“Co-owner
liable
to
account.
Cf.
4
and
5
Ann,
c.
3
(Administration of Justice Act 1705)
73A. A joint tenant or tenant in common shall be liable to
account to his co-owner for receiving more than his share or
proportion of any rents or profits arising from the property.
Voluntary conveyances to defraud creditors voidable. Cf. 13
Eliz. c. 5 (1571) Law of Property Act 1925, s.172
73B.—
Except as provided in this section, every conveyance
of property, made whether before or after 12th November 1993,
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with intent to defraud creditors, shall be voidable, at the instance
of any person thereby prejudiced.
This section does not affect the law relating to bankruptcy
for the time being in force.
This section does not extend to any estate or interest in
property disposed of for valuable consideration and in good faith
or upon good consideration and in good faith to any person not
having, at the time of the disposition, notice of the intent to
defraud creditors.
Voluntary disposition of land how far voidable as against
purchasers. Cf. 27 Eliz. c.4 (1584-5) Law of Property Act 1925,
s.173
73C.—
Every voluntary disposition of immovable property
made with intent to defraud a subsequent purchaser is voidable at
the instance of that purchaser.
For the purposes of this section, no voluntary disposition
shall be deemed to have been made with intent to defraud by
reason
only
that
a
subsequent
disposition
for
valuable
consideration was made.”.
THE EXTRADITION ACT (CHAPTER 103)
3. Section 43 of the Extradition Act is amended —
by deleting the word “State” in the fourth line of subsection (1) and in
the third line of subsection (3) and substituting in each case the words
“or Commonwealth country”; and
by deleting the word “States” in the marginal note and substituting the
words “or Commonwealth countries”.
THE INSURANCE ACT (CHAPTER 142)
4. The Insurance Act is amended by inserting, immediately after section 61, the
following sections:
“No insurance to be made unless insurer has interest and no policy
without inserting names Cf. 14 George III c. 48 (Life Assurance Act
1774)
61A.—
No insurance shall be made by any person on any event
wherein the person for whose use or benefit or on whose account the
policy is made has no interest, or by way of gaming or wagering; and
every assurance made contrary to this subsection shall be void.
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It shall not be lawful to make any policy on any event without
inserting in such policy the names of the persons interested therein, or for
whose use or benefit or on whose account such policy was made.
In all cases where there is an interest in such event, no greater sum
shall be recovered or received from the insurer than the amount or value
of the interest.
Nothing in this section shall extend to insurance made by any
person on ships or goods, or to contracts of indemnity against loss by fire
or loss by other events whatsoever.
No action for accidental fire. (Fire Prevention (Metropolis) Act 1774,
s.86)
61B. No action shall lie against a person in whose house or premises or
on whose estate any fire accidentally began except that no contract or
agreement made between landlord and tenant shall be hereby defeated or
made void.”.
THE PENAL CODE (CHAPTER 224)
5. The Penal Code is amended by inserting, immediately after section 130A, the
following Chapter:
“CHAPTER VIA
PIRACY
Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty
Offences (Colonial) Act 1849)
130B.—
A person commits piracy who does any act that, by the law
of nations, is piracy.
Whoever commits piracy shall be punished with imprisonment for
life and with caning with not less than 12 strokes, but if while
committing or attempting to commit piracy he murders or attempts to
murder another person or does any act that is likely to endanger the life
of another person he shall be punished with death.
Piratical acts
130C. Whoever, while in or out of Singapore —
steals a Singapore ship;
steals or without lawful authority throws overboard, damages
or destroys anything that is part of the cargo, supplies or
fittings in a Singapore ship;
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does or attempts to do a mutinous act on a Singapore ship; or
counsels or procures a person to do anything mentioned in
paragraph (a), (b) or (c),
shall be punished with imprisonment for a term not exceeding 10 years
and shall be liable to caning.”.
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