1. A judgment of the gansabawe does not affect
civil rights
2. Construction of clause 53 of the Village Council
rules of the Wellabadapattu, Matara
3. The jurisdiction of the gansabawe, as described by
clause 25 of Ordinance No. 22 of 1871, is ex-
clusive only in those civil and criminal cases
expressly scheduled as such, in clause 21
4. The simple fact of a European being complainant,
irrespective of the circumstances under which
he came to be such, ousts the jurisdiction of the
gansabawe
1. An agreement between A and B, to divide in cer-
tain proportions the fish to be caught by them,
though legal, is yet not enforcible, because as
there was no period of its endurance fixed, its
duration depended on the mere will of the par-
ties, and any one of them could retire from it
at pleasure
2. An agreement made by defendant, in consideration
of plaintiff's agreement to forego taking crimi-
nal proceedings against defendant's child, is il-
legal
No appeal lies from a voluntary reference
BILL OF LADING.
Where in a bill of lading of goods carried by the
defendant in his ship for the plaintiff, the de-
fendant stipulated for certain exceptions, held
that such exceptions would exempt the defen-
dant's liability for loss, only on proof by him
that it was caused by some of the excepted
causes, &c.
Procedure under clause 19 of the Police Force Or-
dinance
The owner of land who seizes cattle on it damage-
feasant may avail himself of the common law
right of distress. The remedy under Ordi-
nance No. 2 of 1835 is cumulative
Where the plaintiff, a peon of the court, sued de-
fendant for the up-keep of defendant's cattle
which had been entrusted to him by the court,
held that the action was not maintainable for
want of privity of contract
Liability of the Secretary of the District Court for
monies received by him in crown suits, under
Ordinance No. 11 of 1861
1. Where the action is for the recovery of a penalty,
damages must be proved
2. Where a fisherman claimed damages against
another for frightening away a shoal of fish
which he had allured in the open sea, and was
on the point angling, held he was not entitled
to recover, as he had not reduced the shoal of
fish into his possession
3. Where A shot B's cattle, acting bona fide under
a license which however was void, held that B
was not entitled to recover damages from A
Where a person, who has wrongfully converted pro-
perty, will not produce it, the law raises a
strong presumption against him
DEWALAGAMA LANDS.
1. In a claim in execution, the judgment creditor
should establish the title of his debtor in a
separate suit
2. A person having a claim against an execution
creditor, who had made a levy in execution un-
der a judgment in his favour, cannot prevent
him from drawing the money realised, so long
as his own claim is not adjudicated upon
3. A claim in execution cannot be tried by substi-
tuting the defendant for the original defendant
Reducing into possession, and liablility of the occupant 122
1. Where the Fiscal seized a certain property of the
defendant, and the defendant settled the amount
of the writ, but did not pay the Fiscal's charges,
held that the Fiscal could not sue defendant for
the same, as the seizure made was at the in-
stance of the execution creditor, and not of the
property specially mortgaged
2. Payment to Fiscal
GABADAGAMA.
Claim of the crown for a paddy field adjoining a
tank in a gabadagama
A judgment of the gansabawe does not affect civil
rights
A promise charging oneself with the debt or default
of another, to be valid, must be in writing
HUSBAND AND WIFE.
A wife who is a publica mercatrix may sue alone JUDGMENT.
See "Practice".
Where A obtained judgment in 1866 against B,
decreeing B to convey a certain land to A, on
receipt of Rs. 18.75, and this sum was not paid
by A to B for 9 years, held that the judgment
had executed itself in favour of B
1. A mere assertion of title to land of over Rs. 100
in value, without prima facie proof, will not
oust the jurisdiction of a Court of Requests
2. The jurisdiction of a Court of Requests will not
be ousted by the mere setting up a claim in re-
convention in excess of £10, not even where
such claim is believed by the Commissioner to
be bona fide; but he should make an incidental
inquiry into defendant's case, and then adjudi-
cate upon the claim of the plaintiff
3. Jurisdiction to ascertain the competency of a
plaintiff to sue
Liability of landlord for grant of lease without quiet
possession
LEX ANASTASIANA.
Whether introduced into Ceylon
A girl of 17 years of age has a right to elect with
whom she would live, and her father will not
be liable for her maintenance if she chooses to
live apart from him
Mortgagee in possession in lieu of interest
OVERHANGING TREES.
When parties consent to an appraisement for pur-
poses of partition, objections to irregularities of
procedure, or as to jurisdiction of the court, will
not be allowed
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