26 Agreement by way of gaming or wagering to be null and void cite [+]
(1) All contracts or agreements, whether by parol or in writing, by way of gaming or wagering shall be null and void.
(2) No action shall be brought or maintained in any Court for recovering any sum of money or valuable thing alleged to be won upon any wager or which has been deposited in the hands of any person to abide the event on which any wager has been made.
(3) Subsections (1) and (2) shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or toward any plate, prize, or sum of money to be awarded to the winner of any lawful game, sport, pastime or exercise.
(4) Any promise, express or implied, to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by subsections (1) and (2), or to pay any sum of money by way of commission, fee, reward or otherwise in respect of any such contract or of any services in relation thereto or in connection therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money.
In all cases relating to the custody and control of infants the law to be administered shall be the same as would have been administered in like cases in England at the date of the coming into force of this Act, regard being had to the religion and customs of the parties concerned, unless other provision is or shall be made by any written law.
28 No person chargeable with rent bona fide paid to holder under defective title cite [+]
(1) No person shall be chargeable with any rents or profits of any immovable property which he has bona fide paid over to any person of whom he bona fide held the same notwithstanding it afterwards appears that the person to whom the payment was made had no right to receive such rents or profits.
(2) If any person erects any building or makes an improvement upon any land held by him in the bona fide belief that he had an estate in fee simple or other absolute estate, and that person, his executor or assign, or his under-tenant is evicted from the land by any person having a better title, the person who erected the building or made the improvement, his executor or assign shall be entitled either to have the value of the building or improvement so erected or made while the land was held by him and in that belief estimated and paid or secured to him or at the option of the person causing the eviction to purchase the interest of that person in the land at the value thereof but not taking into account the value of the building or improvement.
(3) The amount to be paid or secured in respect of the building or improvement shall be the estimated value of the same at the time of the eviction.
(a) Every tenant holding over after the determination of his tenancy shall be chargeable, at the option of his landlord, with double the amount of his rent until possession is given up by him or with double the value during the period of detention of the land or premises so detained, whether notice to that effect has been given or not.
(b) Paragraph (a) shall have effect in Sabah subject to section 26 of the Rent Control (Business Premises) Enactment 1965 of Sabah [En. 1 of 1966] and in Sarawak subject to section 19 of the Rent Control Ordinance of Sarawak [Cap. 86].
(5) When any writ or summons issued by a landlord against a tenant for the recovery of immovable property is served on or comes to the knowledge of any subtenant of the plaintiff's immediate tenant, the subtenant being an occupier of the whole or any part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord, under penalty of forfeiting three years' rack rent of the premises held by the subtenant to the person of whom he holds, to be recovered by that person by action in any Court having jurisdiction.
28A Damages in respect of personal injury cite [+]
(1) In assessing damages recoverable in respect of personal injury which does not result in death, there shall not be taken into account-
(a) any sum paid or payable in respect of the personal injury under any contract of assurance or insurance, whether made before or after the coming into force of this Act;
(b) any pension or gratuity, which has been or will or may be paid as a result of the personal injury; or
(c) any sum which has been or will or may be paid under any written law relating to the payment of any benefit or compensation whatsoever in respect of the personal injury.
(2) In assessing damages under this section-
(a) no damages shall be recoverable in respect of any loss of expectation of life caused to the plaintiff by the injury;
(b) if the plaintiff's expectation of life has been reduced by the injury, the Court, in assessing damages in respect of pain and suffering caused by the injury, shall take into account any suffering caused or likely to be caused by awareness that his expectation of life has been so reduced;
(c) in awarding damages for loss of future earnings the Court shall take into account-
(i) that in the case of a plaintiff who has attained the age of fifty-five years or above at the time when he was injured, no damages for such loss shall be awarded; and in any other case, damages for such loss shall not be awarded unless it is proved or admitted that the plaintiff was in good health but for the injury and was receiving earnings by his own labour or other gainful activity before he was injured;
(ii) only the amount relating to his earnings as aforesaid at the time when he was injured and the Court shall not take into account any prospect of the earnings as aforesaid being increased at some time in the future;
(iii) any diminution of any such amount as aforesaid by such sum as is proved or admitted to be the living expenses of the plaintiff at the time when he was injured;
(d) in assessing damages for loss of future earnings the Court shall take into account that-
(i) in the case of a person who was of the age of thirty years or below at the time when he was injured, the number of years' purchase shall be 16; and
(ii) in the case of any other person who was of the age range extending between thirty-one years and fifty-four years at the time when he was injured, the number of years' purchase shall be calculated by using the figure 55, minus the age of the person at the time when he was injured and dividing the remainder by the figure 2.
The Ordinances and Enactments set out in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.