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Schedule 2

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SECOND SCHEDULE

Section 7

MISCELLANEOUS AMENDMENTS

THE CIVIL LAW ACT (CHAPTER 43)

1. The Civil Law Act is amended —

(a)

by inserting, immediately after subsection (2) of section 4, the

following subsections:

“Voluntary waste. Cf. 52 Henry III (Statute of Malborough)

c.23. (1267)

(2A)

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.

(2B)

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.”;

(b)

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 —

(a)

any executor or administrator upon any special

promise to answer damages out of his own estate;

(b)

any defendant upon any special promise to answer for

the debt, default or miscarriage of another person;

(c)

any

person

upon

any

agreement

made

upon

consideration of marriage;

(d)

any person upon any contract for the sale or other

disposition of immovable property, or any interest in

such property; or

(e)

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.—

(1)

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.

(2)

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.

(3)

This section does not affect the creation or operation of

resulting, implied or constructive trusts.”; and

(c)

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.—

(1)

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.

(2)

So long as the chain of such representation is unbroken, the

last executor in the chain is the executor of every preceding

testator.

(3)

The chain of such representation is broken by —

(a)

an intestacy;

(b)

the failure of a testator to appoint an executor; or

(c)

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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(4)

Every person in the chain of representation to a testator —

(a)

has the same rights in respect of the estate of that

testator as the original executor would have had if

living; and

(b)

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 —

(a)

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.—

(1)

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.

(2)

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.

(3)

If —

(a)

the action does not cease under subsection (2); and

(b)

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.

(4)

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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(5)

Subject to subsection (6), if —

(a)

within the period specified in the order; or

(b)

within that period as extended under subsection (4),

the lessee pays into court —

(i)

all the rent in arrear; and

(ii)

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.

(6)

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.

(7)

If the lessee does not —

(a)

within the period specified in the order; or

(b)

within that period as extended under subsection (4),

pay into court —

(i)

all the rent in arrear; and

(ii)

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.

(8)

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.

(9)

Where the court extends a period under subsection (4) at a

time when —

(a)

that period has expired; and

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(b)

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.

(10)

Nothing in this section shall be taken to affect —

(a)

the power of the court to enter final judgment in a case

where the defendant fails to give notice of intention to

defend; or

(b)

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.”;

(b)

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.—

(1)

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:

(a)

the life of the grantor or settlor;

(b)

a term of 21 years from the death of the grantor, settlor

or testator;

(c)

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;

(d)

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;

(e)

a term of 21 years from the date of the making of the

disposition; or

(f)

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.

(2)

This section does not extend to any provision —

(a)

for payment of the debts of any grantor, settlor,

testator or other person;

(b)

for raising portions for —

(i)

any child, children or remoter of any grantor,

settlor or testator; or

(ii)

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

(c)

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.—

(1)

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.

(2)

This section does not affect the law relating to bankruptcy

for the time being in force.

(3)

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.—

(1)

Every voluntary disposition of immovable property

made with intent to defraud a subsequent purchaser is voidable at

the instance of that purchaser.

(2)

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 —

(a)

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

(b)

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.—

(1)

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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(2)

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.

(3)

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.

(4)

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.—

(1)

A person commits piracy who does any act that, by the law

of nations, is piracy.

(2)

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 —

(a)

steals a Singapore ship;

(b)

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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(c)

does or attempts to do a mutinous act on a Singapore ship; or

(d)

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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