Odgers, J.

1. This appeal and appeal No. 47 of 1928 were originally heard by myself and Curgenven, J., but owing to the latters illness before he left the Court last year we were unable to deliver our judgments. In the meantime an informal application was made to me which is now put in the form of petition that we should ask Mr. Brook Elliot, a member of the Ceylon Bar to either appear as an amicus curiae or as a witness to help us in the elucidation of the Ceylon procedure in this case as contained in the Ceylon Procedure Code. We have given very careful consideration to this request and we are indebted to Mr. Brook Elliot for so readily placing his services and knowledge at our disposal. But we consider that the only way in which Mr. Brook Elliot could be of any real assistance would be if he were asked his opinion as to the very question that we have to decide. An expert in foreign law is called as I understand it to state what the law of a foreign country on a particular point is; an advocate of the Scottish Bar is often called as a witness in the English Courts to explain the law of Scotland on any particular point that arises. But in this case we have the law laid down