Wells and Pits. his concurrence to the inspector, the inspector shall thereupon give notice in writing to the occupier of the land on which such well or pit may be to duly fence it within such time as such inspector may deem reasonable; and if in the opinion of such inspector any repairs are required to the fencing of any such well or pit, he shall give a similar notice to have such repairs completed by or before a certain date. 10 Should any occupier upon whom any such notice shall have been served (and the posting of a notice to the usual place of abode of such occupier shall be prima facie evidence that such notice reached such occupier) fail to erect such fencing or to make such repairs as shall be required by such notice, the same may be ordered to be done by the inspector, and the costs thereof and in connection therewith shall be recoverable from the occupier who was called upon to carry out the same, and who shall, whether called upon to pay any such costs or not, be nevertheless liable to such penalty as may be prescribed for the breach of any provision - of, or any rule made under, this Ordinance. 11 Should it not be possible to ascertain who is the proprietor of any land whereon a well or artificial pit may be required to be fenced, or the fencing thereof may be required to be repaired, it shall be lawful for an inspector under this Ordinance to cause the necessary fencing or repairs to be made, or to cause the well or artificial pit to be filled in, and by a notice to be published not less than three times in one of the English newspapers of this colony, with an interval of one week at least between each publication, to declare that unless the costs of such fencing or repairs or filling in be paid within a certain time by the proprietor of such land, which time shall be specified in such written notice, that the land on which such well or artificial pit may be will be seized, and such portion thereof as it may be necessary to sell to cover such costs, together with the costs of such seizure and of the sale hereinafter mentioned, shall be sold by public auction by the government agent or assistant government agent of the district in which such land is situated, who is hereby authorized to seize and sell the same. Provided that should any balance remain in the hands of the government agent or assistant government agent after such expenses are satisfied, such balance may be paid to the late proprietor of the land on which such well or artificial pit may be, if claimed within two years from the time of the sale thereof. 12 Whenever any immovable property is purchased under the provisions of this Ordinance, it shall be lawful for the government agent or assistant government agent selling any such property under this Ordinance to bid for and purchase the same on behalf of the Crown. A certificate substantially in the form A or B in the schedule to this Ordinance, as the case may be, signed by the government agent or assistant government agent, shall vest the property sold absolutely in the purchaser, or in the Crown if purchased on behalf of the Crown, free from all incumbrances. and such Occupiers failing to fence or repair when required, to be subject to costs of the same being carried out. When no proprietor found, fencing or repairs to be made and land sold after notice to pay costs. Crown may purchase land sold under this Ordinance. Penalties for breaches of Ordinance or rules framed under it. Occupiers feeling Occupier may Regulation No. 26 of 1822 repealed. This Ordinance section 80 of Wells and Pits. certificate shall be received in the courts of justice of this colony as conclusive evidence of the title of the purchaser to such immovable property. 13 Every occupier who shall commit a breach of any obligation imposed by this Ordinance, or a breach of any rule proclaimed under the provisions of this Ordinance, shall be deemed guilty of an offence punishable by a fine which may extend to fifty rupees, or by imprisonment, with or without hard labour, which may extend to three months. 14 Any occupier who feels aggrieved with any requisition made upon him to fence or repair the fencing of any pit or well under this Ordinance may, within fourteen days of receiving such notice, appeal to the Governor in Executive Council, who shall determine whether such fencing or repairs should or should not be carried out. 15 The cost of erecting any such fencing or carrying out any such repairs as is or are referred to in this Ordinance shall be borne in the first instance by the occupier, who shall be entitled to deduct the same from any rent that may be due from him to the proprietor of the land whereon such fencing or repairs is or are carried out, or to sue such proprietor for the same as money paid to his use. 16 "Regulation No. 26 of 1822, for obliging possessors of wells to raise the walls to a sufficient height to secure persons from danger of accidentally falling in," is hereby repealed: Provided that this repeal shall not affect the past operation of the said regulation, nor any penalty, forfeiture, or punishment incurred thereunder. 17 Nothing in this Ordinance shall affect the provisions of section 80 of "The Police Ordinance, 1865," and any prosecution under that section may take place as if this Ordinance had not been passed: Provided that no person shall be convicted under such section and under this Ordinance on the samé facts. SCHEDULE A. Whereas the sum of rupees was due to our Sovereign Lady the Queen for the costs of fencing (or repairs to fencing or the filling in) of the (wells or pits, as the case may be), on the land hereinafter more particularly mentioned and described, and a further sum of rupees was likewise due for costs in connection with the same, which said sums have not been paid by the person liable therefor: And whereas the said land was seized in conformity with "The Wells and Pits Protection Ordinance, 1884," and sold also in conformity there with on the and the same was purchased by (here insert name of purchaser) for the sum of rupees which have been duly paid by the said day of : Now know ye that I, (Government Agent, or Assistant Government Agent, as the case may be), by virtue and in exercise of the power vested in me in this behalf by the said Ordinance, do hereby certify that the following property, to wit (here describe the property with special accuracy as to boundaries), has been sold to and purchased by the said for the sum of rupees which Governor's Signature to Grants. Public Thoroughfares. said sum has been duly paid as aforesaid, and that the said premises are and shall henceforward be vested in the said purchaser, his heirs, executors, administrators, and assigns, free of all incumbrances. SCHEDULE B. Whereas the sum of rupees was due to our Sovereign Lady the Queen for the costs of fencing (or repairs to fencing or the filling in) of the wells or pits, as the case may be), on the land hereinafter more particularly mentioned and described, and a further sum of rupees was likewise due for costs incurred in the seizure and sale of the said land: And whereas the said sums have not been paid by the person liable therefor, and whereas the aforesaid land was seized in conformity with "The Wells and Pits Protection Ordinance, 1884," and sold also in conformity therewith on the and the same was purchased by for and on day of behalf of our Sovereign Lady the Queen for the sum of rupeeswhich has been duly credited to our said Lady the Queen in (part or full, as the case may be) satisfaction of the costs of (fencing or repairs to fencing or of the filling in) of the (wells or pits, as the case may be) aforesaid, and of the seizure and sale of the said land: Now know ye that I, (Government Agent, or Assistant Government Agent, as the case may be), by virtue and in exercise of the power vested in me in this behalf by the said Ordinance, do hereby certify that the following property, to wit (here describe the property with special accuracy as to boundaries), has been sold to and purchased by the said for and on behalf of our said Lady the Queen ་ for the sum of rupees which said sum has been duly credited to our said Lady the Queen as aforesaid, and that the said premises are and shall henceforward be vested in our said Lady the Queen, her heirs and successors, free of all incumbrances. Given under my hand at this day of 18-. (Signed) Government Agent. (Or Assistant Government Agent.) 29th November, 1884. No. 30 of 1884. An Ordinance to amend Ordinance No. 11 of 1884, entitled "An Ordinance to authorize the Governor's Signature to Crown Grants to be attached by a Stamp." (See under No. 11 of 1884, page 155.) No. 31 of 1884. An Ordinance to amend Ordinance No. 10 of 1861, entitled (6 An Ordinance to consolidate and amend the Laws relating to Public Thoroughfares in this Colony." (See under No. 10 of 1861, Volume I., page 394, and see No. 18 of 1885.) Ꮓ *39-00 Preamble. Short title. Interpretation clause. Commissioners of currency. [Repealed by § 2. 12 of 1886] Commissioners may issue Government notes. Notes to be signed by two commissioners. Notes to be called "currency notes," and holders may demand rupees for them. Notes to be legal tender. Oriental Bank notes not to be received after Government Paper Currency. No. 32 of 1884. An Ordinance to provide for the issue of Government Paper WE Currency. (As amended by No. 12 of 1886.) HEREAS it is expedient to provide for the issue of Government paper currency in this colony: Be it therefore enacted by the Governor of Ceylon, by and with the advice of the Legislative Council thereof, as follows: 1 This Ordinance may be called "The Ceylon Paper Currency Ordinance, 1884," and it shall extend to the whole of the colony of Ceylon. 2 The expressions "Colonial Secretary," "Treasurer," and "Auditor-General" mean the persons for the time being lawfully discharging the functions of such officers, and the expression "the commissioners means the commissioners of currency hereinafter created. 3 A board of commissioners of currency for the colony shall be established for the purposes of this Ordinance, and shall consist of the Colonial Secretary, the Treasurer, and the Auditor-General......... # 4 There shall be transferred by the Colonial Treasurer to the commissioners coin legally current, or coin and securities as hereafter provided, and thereupon it shall be lawful for the commissioners from time to time to provide, issue, and re-issue promissory notes of the Government of Ceylon payable to bearer on demand equal to the whole amount of coin and securities in the hands of the commissioners. Such notes shall be for the respective sums following, viz. : Five hundred rupees One thousand rupees Five rupees Fifty rupees 5 Every such note shall bear the signatures or fac-similes of the signatures of any two of the commissioners holding office at the date borne on the note. 6 Such notes shall be called "currency notes," and shall be payable only at the office of the commissioners, Colombo. The holders of currency notes shall be entitled to obtain on demand at the said office silver rupees of India in exchange for such notes, but no other coin. 7 Every currency note shall be legal tender for the amount expressed thereon in payment or on account of— (a) Any revenue or other claim to the amount of five rupees and multiples of five rupees, due to the Government of Ceylon; (b) Any sum of five rupees and multiples of five rupees. due by the Government of Ceylon or by any body corporate or person in Ceylon. 8 From and after the thirty-first day of March, 1885, the Oriental Bank Corporation note issue for this colony which was in circulation on the morning of the third day of Government Paper Currency. May, 1884, and which was guaranteed by the Government of this colony, shall cease to be recognized as equivalent to money by the Government of this colony, and the guarantee given by the Government as aforesaid shall at such period absolutely cease and determine, and any loss in respect of the said notes shall thereafter fall absolutely on the holder or holders of such note or notes: Provided, however, that nothing herein contained shall affect any claim to set-off which any debtor of the Oriental Bank Corporation may be entitled to in respect of any of the said notes. 9 At any time after the fifteenth day of February, 1885, and until the aforesaid thirty-first day of March, 1885, the commissioners shall, on the demand of any body corporate or person other than the liquidator of the Oriental Bank Corporation or his agents, issue currency notes in exchange for the amount thereof in notes of the Oriental Bank Corporation: Provided, however, that no currency notes shall be so issued in respect of any note of the Oriental Bank Corporation that was not in circulation on the third day of May, 1884, and guaranteed as aforesaid. All payments made by the liquidator of the Oriental Bank Corporation on account of the guaranteed notes of the said corporation shall form part of the ordinary revenues of the colony, and such payments shall be devoted solely to the satisfaction and discharge of the notes guaranteed by the Government, or to the reduction of the loan raised for the redemption of these notes, or to a sinking fund for the repayment of the loan. 10 It shall be the duty of the commissioners to hand over all notes of the Oriental Bank Corporation received under the provisions of the preceding section to the proper authorities for verification and payment of dividends due thereon. 11 From and after the first day of April, 1885, the commissioners shall, on the demand of any person, issue currency notes in exchange for the amount thereof in silver rupees of India. 12 The commissioners shall retain a reserve in silver coin of one-half at the least of the amount of currency notes in circulation. The said reserve shall be from time to time, at such times as the Governor shall appoint, verified by a board of survey. 13 The Governor, with the advice of the Executive Council, shall also cause a sum, not exceeding the value of one-half of the currency notes in circulation, to be invested in Indian Government securities, and such securities of the Government of the United Kingdom or of the Government of any British colony other than Ceylon, as may from time to time be approved of by the Secretary of State for the Colonies: Provided that not more than one-half of such sum shall be invested in Indian Government securities, except by the express sanction of the Secretary of State. the thirty-first day of March. 1885. After the fifteenth day of February, 1885, commissioners to exchange Oriental Bank notes for Government notes. Oriental Bank notes received under last section to be deposited in Treasury. Commissioners to issue Government notes in exchange for silver coin. Commissioners to retain a reserve of one half in silver coin Governor and Council to direct |