SINNATURAI VANNIAH v. AHAMADO LEVAI et al.

Present: Mr. Justice Wendt and Mr. Justice Wood Renton.

SINNATURAI VANNIAH v. AHAMADO LEVAI et al.

P. C., Batticaloa, 2,136.

" Land at the disposal of the Crown "-Proof-Onus-Presumption- Amendment of substantial provision-Rules made under such provision-Construction of statute-Ordinance No. 10 of 1885, ss. 3, 44, and 72-Ordinance No. 1 of 1892, s. 14 (1).

Held, that in a prosecution for " felling and sawing timber on land at the disposal of the Crown without a permit " under the rules made under Ordinance No. 10 of 1885 the same degree of proof that the land is " land at the disposal of the Crown " is not required when the ownership of the land on which the offence is alleged to have been committed is not in dispute as that which may be necessary if the question whether it is Crown or private property forms a main issue.

Held, that where there is no serious contest as to title in a prosecution under the Forest Ordinance the evidence of forest officers and police headmen that the land on which the offence was committed was Crown land was sufficient proof that the land was land at the disposal of the Crown.

WOOD REN

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