Vivienne Goonewardene V. Wijeyesuriya

1942 Present: Hearne J.

VIVIENNE GOONEWARDENE v. WIJEYSURIYA.

449-M. C. Colombo, 40,959.

Order of attachment-Order for attest of person by Governor-Person absconding-Attachment of property-Application by attorney to cancel order-Defence (Miscellaneous) Regulations, No.3.

On a report by a Police Officer to the Magistrate of Colombo that "His Excellency the Governor had made an order against Mrs. G- in pursuance of the powers vested in him by the Defence (Miscellaneous) Regulations-which was deemed to be a warrant for the arrest to Mrs. G and that she had absconded or was concealing herself so that the warrant could not be executed ", the Magistrate published a proclamation requiring. Mrs. G to appear at a specified place and time and also, in terms of section 60 (I) of the Criminal Procedure Code, issued an order for the attachment of her property. Thereupon the attorney of Mrs. G filed an affidavit in the Magistrate's Court to the effect that Mrs. G had told him, in November, 1941 (five months prior to the Governor's order), that she was leaving Ceylon immediately and that he had not seen or heard from her since that d

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