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THE QUEEN v. GUNATILLEKE


THE QUEEN v. GUNATILLEKE.

THE QUEEN v. GUNATILLEKE.

D. C. (Criminal), Kandy, 8,191.

Ordinance No. 2 of 1877, s. 26, sub-sections 9, 10, and 13-Attesting unstamped deed Sealing necessary to complete attenstation-Statement in attestation as to stamp.

A notary who attests a deed which by law ought to be stamped, but which bears no stamp, is guilty, under sub-section 13 of section 26 of Ordination No. 2 of 1877, of attesting a deed insufficiently stamped.

The attestation of a deed by a notary is not complete when he has merely signed it, without sealing it.

So, where a notary merely signed the attestation clause in a deed insufficiently stamped and stated in the clause that the duplicate bore a stamp of 25 cents, whereas it bore no stamp at all, held, that he had not made himself obnoxious to sub-section 13 of section 26 of Ordinance No. 2 of 1877 for attesting a deed insufficiently stamped, nor to sub-section 10 for making a false statement as to the stamp required to be affixed to the duplicate.

THE accused, a notary public, was charged in one indictment (1) with having, in breach of sub-section 13 of section 26 of Ordinance No. 2 of 1877, attested a deed insuf



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