Illangakoon V. Amaris Fernando Et. Al.,

1931 Present: Maartensz A.J.

ILLANGAKOON v. AMARIS FERNANDO et al.

206-7-P. C. Colombo, 208,008.

Burial ground-Using without permission of Governor-Claim of title-The Cemeteries, and Burials Ordinance, 1899, s. 8.

Where tie accused were charged with using a burial ground, in which burials had been discontinued by proclamation,-

Held, that it was no defence that the accused had acquired title to the land by prescription.

APPEAL from a conviction by the Police Magistrate of Colombo.

Weerasooria, for accused, appellants.

M. F. S. Pulle, C.C., for complainant, respondent.

March 20, 1931. MAARTENSZ A.J.-

The appellants in this case were convicted under section 8 of the Cemeteries and Burials Ordinance, 1899, for using a portion of the Buddhist burial ground situated at Mayfield road, Kotahena, without the permission of the Governor. It was proved that burials on the land, which had been exclusively set apart for the burial of the dead, had been discontinued by a proclamation dated December 23, 1875, and that the accused were living on the land without the permission of the Governor.

The appellants were fined Rs. 7.50

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