ERRATA ET ADDENDA.

PAGE.

1. Line 5 from top, for 22 of 1837 read 22 of 1873.

2.

2.

8.

Line 2 in P. C. Matara, L. X., for tresspass read trespass. Line 3 in P. C. Matara, L. X., for bordered in read bordered on.

Line 5 for upwards read forwards.

8. Line 7 in marginal note, for nonsent read non-suit.

16.

In C. R. Colombo, 110968, add "VanLangenberg for respondent."

70. Add just above "C. R. Batticaloa 8275," March 22, Present: Stewart, J.

70. Add just above "P. C. Ratnapura 1307", March, 27, Present Stewart, J.

73.

74.

In C. R. Galle 52902, line 4, for "28 days" read 21.
Add just above "P. C. Chavakacheri 28482," March 29.
Present: Stewart, J.

75. For "D. C. Negombo" read P. C. Negombo 36186.
85. The ending letters of lines 15, 14, 13 and 12 from bottom
have run into each other. Read "The notice of action
of..................is substantially...

set forth the grounds of.......

....distinctly ..of action &c."

87. Line 4 in "D. C. Batticaloa 17825" for "the acts of the

case" read the facts &c.

89. Line 5 in marginal note. For "frandulent preferance," read fraudulent preference.

99. Line 21 in marginal note. For "judicailly" read judi

123. For "P. C. Galle 38788" read D. C. Galle &c.

154.

163.

Middle, after "the Supreme" add Court.

Line 9. For "but was threatened to be whipped", read but threatened to whip him.

164. Line 14 from bottom in marginal note. For "defendant" read plaintiff.

228 Line 4 from bottom, for "is he disallowed" read he is

disallowed.

246. Line 14 from bottom add not before "intended"

255.

256.

In "P. C. Mannar 4723" for "14th clause" read 19th
clause.

In "P. C. Galle 98593", for "Plaint, 1st May" read
Plaint, 4th May.

316. Line 7 in marginal note, for "mortgagor" read mort

gagee.

325. Line 6 of note attached to D. C. Kandy 67167. For "so," read as.

370. Line 15 from top, for "the defendant," read the plaintiff. 410, Lines 10 and 7 from bottom for "instrutment" read instrument, and for "fac" read fact.

INDEX.

POLICE COURTS.

ABUSING.

1. So as to provoke an assault, is not an offence
2. Abusive language is sufficient to sustain a charge
of disorderly conduct

...

...

...

PAGE

113

61

ADMINISTRATION OF JUSTICE ORD. (No. 11 of 1868). 1. A Police Magistrate cannot, under cl. 104, bind over a party in a sum exceeding Rs. 300, nor for a period exceeding 3 months

...

2. Apprehension of offenders, under clause 144
3. Clause 167 has reference to detention in criminal
charges only

41

179

4. A constable acting under orders of his sergeant
cannot be charged with frivolous arrest under
clause 169

See "False accusation"-" Contempt of court"—" Costs.”

APPEAL.

1. Lapsed appeals will not be entertained under any
circumstance

2. Petition to be signed by the Proctor who drew it
3. No appeal lies against an order of J. P. ...

ARRACK ORDINANCE.

1. Under clause 37 of Ordinance 7 of 1873, retail-
ing arrack after hours, is a single offence (but
see p. 384)

2. Under clauses 26 and 27 of Ordinance No. 10 of
1844, a licensee is not bound to sell toddy,
which is not a spirit

3. Under clause 26, a Police Magistrate may not in-
flict imprisonment, unless the plaint recited the
amending Ordinance No. 8 of 1869
(over-ruled, see p. 287 infra)

4. One may sell arrack by fancy measures, if only
they are in conformity with the usual standards

5. Under clause 26 of Ordinance of 1844, a charge
of selling brandy cannot be maintained

...

....

PAGE.

...

61

...

74

6. A permit is required under sections 39 and 40 of
1844
7. Under clause 37 of Ordinance of 1844, as the pen-
alty is to be determined according to the quan-
tity removed, the actual quantity removed must
be found

...

112

8. A license which is not as near as is material to
the form C,' is no license under clause 26 of Or-
dinance of 1844

...

9. The words liable to a fine' under clause 26 leave
no discretion in the Magistrate

10. The 7th clause of Ordinance of 1844 is inoperative within the districts specified in clause 15, so far as it creates the offence of keeping distilled spirits elsewhere than in the registered storehouse

...

11. Arrack renters cannot retail arrack without a license under sec. 26 of Ordinance 10 of 1844, and 1 of Ordinance 8 of 1869

12. Under clause 26 of Ordinance of 1844, imprisonment may be inflicted, even though the plaint is not entitled under the amending Ordinance of 1869 ...

161

220

268

287

53, 75, 359

On a plaint for keeping a bawdy house, the Police
Court has no power to order it to be demolish-
ed &c.,

BRIBERY.

...

A charge of, is beyond the jurisdiction of Police
Courts

BUTCHER'S ORDINANCE, (No. 14 of 1859.)

The offence involved in clause 21 is a continuing one CARRIER'S ORDINANCE.

No carrier under clause 16 of ordinance No. 14 of

62149

62

129

CARRIAGE ORD. (No. 2 of 1873.)

Does not apply where there is a private agreement ... 239 CATTLE TRESPASS ORD. (2 of 1835 and 9 of 1876).

1. Where cattle trespass on land abutting on a river,
it may be important to enquire what custom
prevails in respect of fencing...

...

2. Under clause 7 of Ordinance of 1876, the report
of the police constable or local headman, (as to
the result of his investigation on the spot, un-
dertaken if possible with the aid of three or
more respectable persons of the neighbourhood
in regard to the particulars of the trespass, as-
sessment of damages &c.), after being sworn
to or verified by him in open court, is the foun-
dation of the Magistrate's authority to take
action. It is only upon receiving this evidence,
he becomes empowered to hold a summary en-
quiry, subject to reasonable notice thereof
being given to the owner of the cattle when
possible. The report, so verified, takes the
place of an ordinary complaint or information,
and also forms evidence in the case

COFFEE STEALING (Ord. No. 8 of 1874).)

...

...

Clause 5 as to possession of green coffee does not
create a substantive offence, but merely alters
the law of evidence

375.

330

CONTEMPT OF COURT.
Calling upon a complainant, immediately after the dis-
missal of the plaint, to shew cause why he should
not be fined, is not allowing him the requisite
opportunity, under clause 106 of Ordinance No.
11 of 1868

...

...

...

23

COSTS.

Under clause 106 of Ordinance No. 11 of 1868, nei-
ther Advocates' nor Proctors' fees come within
the reasonable expenses of the defendant

61