Lord Finlay :-

This appeal raises a short point upon the construction of the Ceylon Ordinance No. 3 of 1876. The two sections which are material in that Ordinance are Sections 4 and 6. Section 4 provides :-

"Whenever it shall appear to the Governor that land in any locality is likely to be needed for any public purpose, it shall be lawful for the Governor to direct the Surveyor-General or other officer generally or specially authorized by the Governor in this behalf, to examine such land and report whether the same is fitted for such purpose."

The section then goes on to confer certain powers upon the Surveyor-General with regard to entering upon the land and doing certain acts upon it. Section 6 provides :-

"The Surveyor-General, or other officer so authorized as aforesaid, shall then make his report to the Governor, whether the possession of the land is needed for the purposes for which it appeared likely to be needed as aforesaid. And upon the receipt of such report it shall be lawful for the Governor, with the advice of the Executive Council, to direct the Government Agent to take order for the acquisition of the land"

The procedure prescribed by the Act in the sections which have b