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ELIZABETH THELIS et al. v. THE MUNICIPAL COUNCIL OF COLOMBO


ELIZABETH THELIS et al. v. THE MUNICIPAL COUNCIL OF COLOMBO.

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

ELIZABETH THELIS et al. v. THE MUNICIPAL COUNCIL
OF COLOMBO.

D. C., Colombo, 28,329.

Section 190 of Ordinance No. 7 of 1887 enacts: " The Government or the Municipal Council may from time to time cause to be made such main or other sewers, drains, and water-courses as may be judged necessary for the effectual draining of the Municipality, and, if needful, the Government or Municipal Council may carry them through, across, or under any street or any place laid out as or intended for a street, or any cellar or vault which may be under any of the streets, and (after reasonable notice in writing in that behalf) into, through, or tinder any enclosed or other lands whatsoever, doing as little damage as may be, and making full compensation for any damage done; and if any dispute shall arise touching the amount or apportionment of compensation, the same shall be settled in the manner hereinafter provided for the settlement of disputes respecting damages and expenses."

And section 281 of the same Ordinance enacts: "Except as herein otherwise prov











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