CORNELIA v. SAWODIS
Present: Mr. Justice Wood Renton.
CORNELIA v. SAWODIS.
P. C., Matara, 22,212.
Maintenance Ordinance, s.
9-Imprisonment before execution of warrant- Warrant for more than one month's
arrears of maintenance, Ordinance No. 19 of 1889, s. 9.
Where a Magistrate ordered the defendant in a case under the
Maintenance Ordinance (No. 19 of 1889) to give certified bail in Rs. 200 to pay
Rs. 50 arrears of maintenance for ten months at the rate of Rs. 5 a month, or in
default of such payment within one month to undergo rigorous imprisonment for
fifteen days for each month,-
Held, that the order of the Magistrate was wrong, inasmuch it
was not competent for the Magistrate under section 9 of Ordinance No. 19 of 1889
to pass a sentence of imprisonment, except for the amount remaining due after
the warrant for the levy has been executed.
Held, also, that it is competent under the said section to
issue one warrant for the recovery of more than one month's arrears of
maintenance.
APPLICATION in revision. The facts and arguments
sufficiently appear in the judgment.
Walter Pereira, K.C., S.-G., in support of the ap
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