1917 Present : De Sampayo J.

MEEDIN v. JAYAWARDENE.

214-P. C. Colombo, 6,559.

Cattle trespass--failure to give notice of seizure-Is it an offence ? Penal Code, s. 289-Detention of cattle damage feasant-Possession of cattle without a voucher.

The failure on the part of a proprietor or occupier of land to give notice of the seizure of an animal is not an offence under the Cattle Trespass Ordinance, 1876, which can be punished under section 289 of the Penal Code. Such notice must be given if the owner or occupier desires to seek the remedy provided by the Ordinance for the recovery of damages caused by the trespass.

A person seizing and detaining cattle damage feasant is not guilty of an offence under section 8 of Ordinance No. 10 of 1898 for possessing the animal without a voucher.

THE facts appear from the judgment.

Garvin, S.-G., for the appellant.-A person seizing cattle is under a statutory duty to give notice of the seizure to the headman. The words of section 7 (Ordinance No. 9 of 1876) are, " Notice of the seizure shall be given."

The whole law on the subject of seizure of animals and the recovery of damages is now contained in