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BAILEY v. FERDINANDUS


BAILEY v. FERDINANDUS.

BAILEY v. FERDINANDUS.

D. C., Kandy, 173.

 

Land Acquisition-Ordinance No. 6 of 1877, s, 2-Right of assessors to hear questions of law-Question of law affecting jurisdiction of Court- Who to decide such question-Averment as to Surveyor-General reporting on necessity of land for public purpose-Method of valuation of property.

Though assessors have be consider questions of law conjointly with the District Judge in a land acquisition case, yet, where the legal point raised refers to the jurisdiction of the Court, the District Judge even after the appointment of assessors, is the proper authority to decide such a question.

Where a libel of reference alleged that the Governor had directed the Government Agent to take order for the acquisition of the land for a public purpose, that the required notice was duly published, &c, that the Government Agent held a summary inquiry and tendered to the defendant a certain amount by way of compensation, &c.-Held, that it was not necessary to allege also that the Surveyor-General examined the land and reported to the Governor that it was needed for the purpose mentioned.

Held also, that the proper me



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