DIAS v. THE ASSISTANT GOVERNMENT AGENT OF MATARA.

DIAS v. THE ASSISTANT GOVERNMENT

AGENT OF MATARA.

D. C, Matara, 9,302.

Ordinance No. 1 of 1897-Notice calling for claims-Irregularity in publication-Reference to Court-Appearance of claimant in Court and filing of statement of claim-Jurisdiction of Court-Waiver of irregularities.

Where the notice calling for claims under section 1 of the Ordinance No. 1 of 1897, dated 15th June, was not published in the Government Gazette until 9th July, so that instead of the full period of three months being given for claimants to come in, the period of three months less twenty-four days was given, and the Government Agent referred to Court a claim made to him and not admitted by him, and the claimant duly made in Court his statement of claim,-

Held, per Bonser, C.J.-In view of the stringent provisions of the Ordinance and the perilous consequences which follow on the publication of a notice under it, no irregularity can be waived or condoned by the fact of the claimant appearing in Court and making his statement of claim.

Per Withers, J.-The time for which the notice is to run is of the very essence of the notice, a

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