The Attorney General V. Arnolis Et Al.

Present: Lascelles A.C.J.   April.6,1911

THE ATTORNEY-GENERAL v. ARNOLIS et al.

196-P. C. Galle, 162.

Land at the disposal of the Crown-Land bought by the Crown for the default of payment, of grain tax-Ordinance No. 16 of 1907.

Land bought by the Crown for the default of payment of grain tax is " land at the disposal of the Crown " under the definition in Ordinance No. 16 of 1907.

IN this case the accused was charged with an offence under section 21, rule 1 (a), of the rules under chapter IV. of Ordinance No. 16 of 1907 (published in the Government Gazette of April 23, 1909), for having cultivated a field which the Crown had bought in when sold for non-payment of grain tax. The learned Magistrate (H. Beven, Esq.) acquitted the accused. The Attorney-General appealed.

Bawa, A. S.-G., for the appellant.-The Police Magistrate has omitted to note that the definition of land at the disposal of the Crown in section 3 of Ordinance No. 16 of 1907 is not exhaustive, but inclusive. It begins: " Land at the disposal of the Crown includes," and it is always open to the Crown to prove that a land though not of the description therein spe

Click Here to Read the rest of this document