NONCHI HAMY v. CHRISTIAN

NONCHI HAMY v. CHRISTIAN.

P. C., Colombo, 5, 592.

 

Proclamation and attachment of property-Jurisdiction of Court-Warrant of arrest-Criminal Procedure Code, 83. 62 and 63. A proclamation against a person and an order for the attachment of his property under sections 62 and 63 of the Criminal Procedure

 Code can be issued by such Court only as had issued in the first

instance a warrant for the apprehension of such person.

IN this case application was made by R. Abilina Hami to the Supreme Court that the orders of the Police Magistrate dated respectively the 12th and 19th November, 1895, be cancelled. By the first order the Police Magistrate had issued a proclamation against the accused-applicant's husband-under section 62 of the Criminal Procedure Code, and by the second he had ordered attachment of his property under section 63. No warrant for the arrest of the accused had in the first instance been issued by the Police Magistrate who made the above orders.

De Saram, Acting C. C, had no cause to show against the orders being discharged.

24th October, 1896. Withers, J., in discharging the above orders stated his reasons as follows

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