De Zoysa V. Wimalasuriya Et Al.,

1931 Present : Maartensz A.J.

DE ZOYSA v. WIMALASURIYA et al.

151-2-P. C. Balapitiya 16,258.

Process server-Executing process outside division-Resistance to officer- Fiscals' Ordinance, No. 4 of 1867, s. 8.

A person licensed to serve and execute process in the division of a district has no authority to execute a process outside his division.

APPEAL from a conviction by the Police Magistrate of Balapitiya.

N. E. Weerasooriya, for appellant.

Amarasekera, for respondent.

September 28, 1931. MAARTENSZ A.J.-

The two accused in this case, A. S. Wimalasuriya and George Jayasekere, appeal from a conviction under section 181 of the Penal Code. They were convicted of offering resistance to and preventing R. D. G. de Zoysa of Madampe, a Fiscal's Arachchi, from taking certain movable property seized in possession of the first accused in execution of a writ issued in case No. 29,234 of the District Court of Galle, against the first accused.

The accused have appealed both on the law and on the facts.

I am not prepared to interfere with the learned Magistrate's finding on the facts.

The objection to the conviction on the law is tha

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