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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