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Papers of Anthony Brooke, Rajah Muda, and Lord Tanlaw: (Civil suit) Brooke v. Brooke, 1846-1913; 1941-1950

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Shelfmark: MSS. Pac. s. 83/6, Vol. 33
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Bertram Brooke and Anthony Brooke (the Plaintiffs) v. Sir Charles Vyner Brooke, C.J.V.C. Brooke, R.E.S. Johnson, and the Hon. A.G.V. Peel (the Defendants), in the Court of the Resident, State of Brunei: Brunei Civil Suit No. 1 of 1948.

The Plaintiffs were concerned to set aside the Cession of Sarawak to the British Empire. Documents are inscribed with the names of Sir David Maxwell Fyfe, K.C., MP, Counsel for the Plaintiff, and Theodore Page. The first folder includes copies of earlier papers, dating from 1846.

Folder 1:

  1. (item 1, numbered 2 (1)) copy of grant by Sultan Omar Ali of province of Sarawak to James Brooke as sovereign, 2 Aug 1846
  2. (item 1, numbered 2 (2)) copy of the confirmation by Sultan Abdul Mumin of grant of Sarawak, 24 Aug 1853
  3. (item 1, numbered 2 (3)) copies of the will of Sir James Brooke and Probate, 15 Apr 1867, 27 Jul 1868
  4. (item 1, numbered 2 (4)) Duplicate Appointments of new Trustees by the Baroness Burdett Coutts, relating to special Clause re Sovereignty of Sarawak in the Will of Rajah Sir James Brooke, 9 Sep 1898
  5. (item 1, numbered 2 (5)) copy of will and testament of Charles Brooke Rajah of Sarawak respecting the State of Sarawak and the public and political affairs thereof, 16 Dec 1913
  6. (item 1, numbered 2 (6)) copy of agreement between Sir Charles Vyner Brooke and members of the Committee of Administration, 31 Mar 1941
  7. (item 1, numbered 2 (7)) copy of correspondence between Bertram Brooke and C.V. Brooke and the latter's solicitors (Arnold Fooks Chadwick and Co) about the expenditure of moneys transferred from State funds to the Rajah's private account, 5 Dec 1947-8 Jan 1948
  8. (item 1, numbered 2 (8)) copies of Summons for disposal of Suit, of Appointment of solicitor by Anthony Brooke (Drew & Napier), n.d.
  9. (item 1, numbered 2 (9)) copy of Notice of Appeal made by Drew & Napier, on behalf of Bertram and Anthony Brooke, n.d.
  10. (item 1, numbered 2 (10)) copy, with seal attached, of Petition for Appeal, 26 Aug 1948
  11. (item 1, number 2 (11)) notice to Appellant, giving date for Appeal to be heard in the Court of Brunei on 19 Oct 1948, 18 Sep 1948
  12. (item 2) copies of some of the papers in item 1 (see above), numbered 3(1) and (7-10), 2 Aug 1846-8 Jan 1948
  13. (item 3) photostat copy of Introduction to the Report of the Transvaal Concessions Commission, [1900?]
  14. (items 4-6) Probates (Re-Sealing) Enactment, 1936 (three copies), [1938?]
  15. (item 7) copy of letter from Bertram Brooke to C.V. Brooke in Australia, about the succession and the writer's own position as Heir-Presumptive, 2 Feb 1942
  16. (item 8) 'Opinion' of David Jenkins, concerning the Cession of Sarawak, 6 Mar 1948
  17. (item 9) copy of letter from A. Creech Jones, U-S/S Col., to C.V. Brooke, about drafts of orders prepared by the Secretary of State's Legal Adviser, and about the future Constitution of Sarawak, 12 Mar 1946
  18. (items 10 and 11) Instrument of Cession (two copies), 21 May 1946
  19. (item 12) an order to make provision for certain dependants of the Rajah, and others, on the Cession of Sarawak to His Majesty the King (extract from Sarawak Government Gazette), 25 May 1946
  20. (item 13) Civil Suit No. 8 of 1947, between M.CT.M. Banking Corporation Ltd. and S.NK. Nagappa Chettiar, 1947
  21. (item 14) 'Opinion' of Theodore Page, concerning the Cession of Sarawak, 12 Mar 1947
  22. (item 15) copy of letter from H. Thackwell-Lewis to W.C. Crocker, with note dated 3 Mar 1942 on 'certain aspects of the administration in the State of Sarawak between Aug 1939 and the outbreak of the war with Japan in Dec 1941', 13 Jun 1947
  23. (item 16) copy of Petition for Appeal by Anthony Brooke, 26 Aug 1948
  24. (item 17) Judge's Notes (R.Y. Hedges, Judge of Appeal), 19 Oct 1948
  25. (item 18) copies of two letters about the appeal, 8 Jan, 25 Apr 1949
  26. (item 19) affidavit verifying petition for special leave to appeal, 5 May 1949
  27. (item 20) envelope marked 'Evidence used in Brook v. Brooke' containing a document signed by Bertram Brooke renouncing in favour of his son Anthony all rights of succession, and a pencilled note from Bertram to Anthony Brooke, n.d.
  28. (item 21) copy of documents lodged with petition for special leave to appeal (marked 'Incomplete'), n.d.
  29. (item 22) index, Parts I and II of documents dated 1846-1949, n.d.
  30. (item 23) Summons No. 1 of 48: Grounds of Decision for refusing the application, signed by R.H.H. Davis, Resident's Court, Brunei, n.d.

Folder 2:

(items 1-19) Sir David Maxwell Fyfe's Brief on behalf of Appellants on hearing of Appeal, 20 Feb 1950: folder of documents numbered 1-13, many annotated, with additional copies of Nos 1-3; also documents numbered 1-5, 'In the Privy Council, No. 31 of 1949', as follows:

  1. copy of Case for Appellants and Record of Proceedings, n.d.
  2. copy of Enactments, n.d.
  3. memorandum on the adopting by the State of Brunei of the Civil Procedure Code of the Federate Malay States, n.d.
  4. copy of Consent to submit to Jurisdiction by the Defendant, C.J.V.C. Brooke, 31 Jan 1950
  5. copy of Petition for Special Leave to Appeal, n.d.

Dates

  • Creation: 1846-1913; 1941-1950

Extent

2 folders

Language of Materials

  • English

Shelfmark

MSS. Pac. s. 83/6, Vol. 33

Former reference:

MSS. Pac. s. 83/6, folders 1-2

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