1930  Present: Dalton and Lyall Grant JJ.

SAMARASUNDERA v. PERERA.

267-D. C. Nuwara Eliya, 985.

Breach of promise-Agreement to pay damages after broach -Legality- Liability of public servant-Ordinance No. 2 of 1899.

A written agreement to pay a certain sum as damages for breach of promise to marry, which was entered into after the breach, is not illegal.

Such an agreement is not a written security within the meaning of the Public Servants' (Liabilities) Ordinance.

APPEAL from a judgment of the District Judge of Nuwara Eliya.

On September 20, 1926, the defendant, a public servant, promised to marry S., and undertook to pay her Rs. 2,000 if he failed to keep his promise. In February, 1927, the defendant decided not to carry out his agreement to marry. He accordingly paid S. Rs. 300, and gave her a document (P 1) in which he promised " to pay S., her heirs or successors " Rs. 1,700 in instalments, cancelling the former agreement. S. accepted it, foregoing thereby her right to sue defendant for breach of promise of marriage. Shortly afterwards S. died, and the plaintiff, who was the administratrix of her estate, brought this action to