1931 Present : Drieberg J.

KING v. CORNELIUS.

103-D. C. (Crim), Colombo, 9,363.

Notaries Ordinance-Having permitted or suffered party to execute document with used stamps-Proof of gualty knowledge -Ordinance No. 1 of 1907, 1. 29 (6) -Stamps Ordinance, No. 22 of 1909, s. 58 (1) (b).

Where a notary public was charged under section 29 (6) of the Notaries Ordinance with having permitted or suffered parties to two deeds to execute them when they were insufficiently stamped, viz., with used stamps,-

Held, the prosecution must prove that the appearance of the stamps at the time of their use was such that the notary must have known that they had been previously used or that his lack of knowledge was due to gross negligence or to wilful abstinence of knowledge.

Where, on the same facts, the notary was charged under section 58 (1) of the Stamps Ordinance with having executed or signed, otherwise than as a witness, a deed chargeable with duty, without the Same being duly stamped,-

Held, that he was not liable under the section because, as notary, he was only a witness to the execution of the deed.

APPEAL from a conviction by the District Judge of Co