The Surveyor General V. Zylva

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

THE SURVEYOR-GENERAL v. ZYLVA.

D. C, Kandy, 1/15 of 1889.

Surveyor-Misconduct-Fraud-Work containing grave errors-Presumption as to plans and surveys-Treatises by experts-Ordinance No. 15 of 1889, s. 8-Evidence Ordinance (No. 14of 1895), ss. 60 and 83.

A surveyor, although he may not be guilty of fraudulent misconduct, is liable to have his license cancelled under the provisions of section 8 of Ordinance No. 16 of 1889, if it be shown that his work contains such errors as prove him incapable of discharging his duties with advantage to the public.

A party seeking to contradict viva voce expert testimony by the opinions of a writer of a treatise must either call the author or satisfactorily account for his absence within the meaning of section 60 of the Evidence Ordinance (No, 14 of 1895).

The presumption created by section 83 of the Evidence Ordinance (No. 14 of 1895) in favour of plans and surveys purporting to be signed by or on behalf of the Surveyor-General, extends to everything necessary to be done in order to make the survey or plan a faithful drawing and measurement of

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