Present : The Hon. Sir Joseph T. Hutchinson,                            June2,1910
Chief Justice,
and Mr. Justice van Langenberg.

GARNIER v. SUPPEN KANGANY.

D. C, Kalutara, 3,961.

Effect of repeal of a former written law-When retrospective-Arrest of kangani-Ordinance No. 9 of 1909, s. 5, and Ordinance No.. 21 of 1901, s. 5 (3).

The provisions of section 5 of Ordinance No. 9 of 1909 are not retrospective. A kangani is liable to arrest in execution of a decree for money obtained before October 1, 1909.

THE facts are set out in the judgment of Hutchinson, C.J. Vernon Grenier, for appellant.-The effect of the District Judge's holding is to add a proviso to the plain words of section 5 of Ordinance No. 9 of 1909. Where the intention of the Legislature clearly appears, the Court will give an enactment a retrospective effect in pursuance of such intention {Gardner v. Lucas-[1 (1878) 3 A. C. 601. ]). In Orchard v. Carupai [2 (1901) 2 Cur. L. R. 50.] retrospective effect was given to this Ordinance, with respect to prosecution for past offences, on the ground that it was only a matter