38 REMBAU HISTORY, ETC. 
But prior to British Protection, the Elder possessed certain 
judicial powers. In his criminal jurisdiction he took cognis- 
ance of all breaches of the peace involving a wound, a scream, 
and blood from broken skin: * but only wken the wound had 
been inflicted on a part of the body covered by the wearing 
apparel. Cases of permanent disfigurement stood outside his 
jurisdiction. 
Civil Procedure under Rembau custom recognises four de- 
grees, in the presumption of fact—corresponding roughly to 
conclusive proof; probability; possibility; and absence of 
proof (“sah:” “ta sah:” “ térang-gélap:” ~ yéiap sa-mata.’’) 
The Elder’s jurisdiction in contentious civil suits was very 
limited. He could investigate only cases where prima facie 
probability of debt existed—-when it was possible to get close to, 
to get at grips with the truth (¢kat déngan chétkak) a matter of 
no little difficulty in dealing with people whose genius for per- 
jury is proverbial (pusing anak Rémbau).” 
If judgment was not followed by satisfaction of the debt, * 
the elder had no power to enforce his decision. He reported 
to his tribal chief (lémbaga) who proceeded to enforce execution. 
But the recalcitrant debtor committed contempt of the Elder 
by his refusal to pay, and became hable to a maximum fine of 
six rupia (5 x 36c = $1.80.) Theoretically the elder could 
fine up to 10 rupia equal to $3.60, but in practice he never in- 
tlicted a heavier penalty than 3 rupia. 
A like penalty awaited the tribesman who refused to bring 
any question lying within an Elder’s jurisdiction to his cognis- 
ance—vut dealt directly with the tribal chief. He was guilty of 
stepping over”’ the elder (mélangkahi ibu bapa), and found 
that he could not ignore his petty chief with impunity. 
(1) Luka, chonget, pechah berdarah. 
(2) Luka ditutup kain, baju. 
(3) One of a list of epigrammatic descriptions of the outstanding 
characteristics of Malays in various parts of the Peninsula. e.g. 
Kechek anak Malacca, wheedlers are the men of Malacca: Sombony 
anak Pahang, Proud are the men of Pahang. 
(4) Sah utang iku dengan baiaran. 
Jour. Straits Branch 
