Present  : Pereira J. and De Sampayo A.J.   1914.

GUNERIS v. KARUNARATNE.

228-D. C. Negombo, 9,696.

Omission on the part of notary to search for registration of seizures before drawing up conveyance-Action for damages against notary.

Where a notary follows a general practice and makes a mistake regarding the strict requirements of the law as to which there is a reasonable doubt, or where he commits an error of judgment, he is not guilty of such negligence as would make him liable in damages to his client.

Defendant, a notary, was sued by plaintiff for damages sustained by him by reason of omission on the part of defendant to search for registrations of seizures before drawing a conveyance of a certain parcel of land in plaintiff's favour.

Held, per PEREIRA J.-That under section 29 (16a) of the Notaries Ordinance, 1907, it was the duty of a notary, before a deed or instrument affecting land or other immovable property was drawn by him, to search or cause to be searched the registers in the Land Registry, to ascertain, inter alia, whether there were registrations of seizures (in execution) of the property dealt with by the deed or instru