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

ANNA PERERA v. EMALIANO NONIS.

P. C., Colombo, 24, 000.

JUSTINA v. ARMAN.

Maintenance Ordinance (No. 19 of 1889)-Nature of proceedings-Civil liability-Plea of autrefois acquit-Plea of res judicata- Renewal of application-Criminal Procedure Code, how far applicable-English Law-Roman-Dutch Law.

Held, that where an application for maintenance under Ordinance. No. 19 of 1889 is struck out without any inquiry into the merits, the applicant has no right of appeal under section 17 of the Ordinance, but may make a fresh application, provided the time limit prescribed by section 7 has not expired.

Held, also, that the failure to maintain a wife and children is not an offence under the law of Ceylon, and no plea of autrefois acquit can be set up by a defendant who has successfully resisted proceedings under Ordinance No. 19 of 1889.

Held, further, that only those sections of the Criminal Procedure Code which are expressly incorporated in Ordinance No. 19 of 1889, are applicable to proceedings under that Ordinance, and that the provisions of section 194 of the Criminal Proc