1931 Present : Macdonell C.J., Garvin S.P.J., and Dalton J.

IN THE MATTER OF A REFERENCE UNDER
SECTION 355 (2) OF THE CRIMINAL
PROCEDURE CODE.

THE KING v. GODAMUNE.

41-P. C. Kandy, 32,498.

Criminal misappropriation-Trust property-Payment of interest to trustee- Appropriation of payments -Particulars in charge-Ownership of property misappropriated-Direction to jury.

By the terms of a marriage settlement, H, the owner of Belmont estate, settled a sum of Rs. 40,000 upon two trustees, of whom the accused was one, in trust for certain beneficiaries. H sold the estate to B and the trust fund was invested and secured by a mortgage of the estate in favour of the trustees. At the dates material to the prosecution, the accruing interest was payable to H.

No interest having been paid for some years, an action was instituted in the District Court of Kandy by the trustees to recover the principal sum and the accumulated interest, which amounted to Rs. 23,126. Prior to the institution of the action, B had executed a conveyance of the estate in favour of a certain syndicate and they were made parties to the action for the purpose of affecting the prop