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Volunteer Corps. Fixed Establishments. Municipalities.

No. 8 of 1881.

An Ordinance to amend the Ordinance No. 3 of 1861, intituled "An Ordinance to authorize the formation of Volunteer Corps in this Colony, and to provide for the good order and discipline thereof."

(See under No. 3 of 1861, Volume I., page 280.)

No. 9 of 1881.

An Ordinance further to amend the Ordinance No. 3 of 1861, intituled "An Ordinance to authorize the formation of Volunteer Corps in this Colony, and to provide for the good order and discipline thereof."

(See under No. 3 of 1861, Volume I., page 280.)

No. 14 of 1881.

An Ordinance to amend the Ordinance No. 1 of 1870, intituled "An Ordinance relating to the Fixed Civil Establishments of the Colony."

(See under No. 1 of 1870, Volume I., page 648.)

No. 16 of 1881.

An Ordinance to amend "The Municipal Councils' Ordinance, 1865," and for other purposes.

(See under No. 7 of 1887, page 385.)

Minicoy and Basses Lights.

No. 1 of 1882.

An Ordinance to declare the consent of the Legislature to the erection of a Lighthouse on Minicoy Island, and to the levy of Dues in respect thereof, and to fix the Dues payable in respect of the Minicoy and Great and Little Basses Lights.

HEREAS by the 2nd section of "The Merchant Shipping Act, Amendment Act, 1855," it is enacted that "in any case in which any lighthouse, buoy, or beacon has been or is hereafter erected or placed on or near the coasts of any British possession, by or with the consent of the Legislative authority of such possession, Her Majesty may, by Order in Council, fix such dues in respect thereof, to be paid by the owner or master of every ship which passes the same or derives benefit therefrom, as Her Majesty may deem reasonable, and may in like manner from time to time increase, diminish, or repeal such dues; and from the time specified in such order for the commencement of the dues thereby fixed, increased, or diminished, the same shall be leviable throughout Her Majesty's dominions in manner hereinafter mentioned:" And whereas by the 3rd section of the said Act it is further enacted that "no such dues as aforesaid shall be levied in any colony unless and until the Legislative authority in such colony has, either by address to the Crown or by an Act or Ordinance duly passed, signified its opinion that the same ought to be levied in such colony:"

And whereas it is proposed to erect a lighthouse on Minicoy island, near the coasts of this colony, with the consent of the Legislature thereof, and it is expedient that such consent should be given, and also that the Legislature should, by Ordinance, signify its opinion that such dues as aforesaid ought to be levied in the colony.

And whereas Her Majesty has signified through Her Principal Secretary of State for the Colonies that the dues to be levied by her Order in Council in Ceylon on each vessel will be as follows, viz.: In respect of the lighthouse on the island of Minicoy at cents two and a half per ton; in respect of the lighthouse on the Great Basses rocks and the lighthouse on the Little Basses rocks at cents seven and a half per ton: It is hereby enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows:

1 This Ordinance may be cited as "The Minicoy Lighthouse and Lighthouse Dues Ordinance, 1882."

2 The consent of the Legislature is hereby given to the erection of a lighthouse on the island of Minicoy.

3 The opinion of the Legislature is hereby signified that the dues so to be fixed by Her Majesty by Order in Council under the authority of the 2nd section of the said recited Act, in respect of the said lighthouse on the island of Minicoy and in respect of the lighthouse on the Great Basses rocks and of the lighthouses on the Little Basses rocks and set forth in the schedule hereunder written, ought to be levied in this *39-00

D

Preamble.

Short title.

Lighthouse to be erected at Minicoy.

Fees for said lighthouse and those at Great and Little Basses to be collected as per schedule.

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Rupees and Cents Currency.

colony, and the light dues so set forth in the schedule hereto shall be payable in accordance with the provisions of any Order made by Her Majesty in Council in respect of all ships whatever arriving or touching at any port or place in this colony, except ships belonging to Her Majesty and ships belonging to the Ceylon Government.

SCHEDULE.

Table of Dues.

...

Per ton.

2 cents

1. In respect of the lighthouse on the island of Minicoy
2. In respect of the lighthouse on the Great Basses rocks and
in respect of the lighthouse on the Little Basses rocks ... 7 cents
14th October, 1882.

No. 2 of 1882.

An Ordinance to substitute the Currency of Rupees and Cents
in certain Ordinances where sums of money are mentioned
in terms of British Currency.

WHEREAS by a Proclamation dated the seventh day of

September, 1871, which took effect from and after the first day of January, 1872, the currency of this island was, for all revenue purposes and for all Government and other contracts and engagements in force at the latter date and payable in the said island, altered from pounds, shillings, and pence to rupees and cents: And whereas no provision was therein made to meet other cases where mention is made in Ordinances of sums in terms of British currency: It is hereby enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows:

1 This Ordinance shall come into operation on the day of the passing thereof.

2 Whenever in any Ordinance or enactment in force on the first day of January, 1872, mention is made of any sum, whether by way of qualification, test, or limit, or otherwise howsoever in the terms "pounds," "shillings," or "pence," or "pounds sterling," or other terms of British currency, such sum shall be estimated and reckoned at the respective rates in the schedule hereto.

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For the term "pound" shall be reckoned
For the term "pound sterling'

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For each pound or pound sterling whenever a larger sum
than one pound or one pound sterling is mentioned (for
each pound or pound sterling)

For the term "shilling" shall be reckoned

For each shilling whenever more than one shilling is
mentioned

For the term "penny" shall be reckoned

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For each penny whenever more than one penny is mentioned

16th October, 1882.

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Lunacy. Emigration. Medical Wants. Small Tenements.

No. 3 of 1882.

An Ordinance to amend "The Lunacy Ordinance, 1873." (See under No. 1 of 1873, Volume I., page 691.)

No. 4 of 1882.

An Ordinance relating to the Emigration of Native Labourers
from this Island under contract of Service.
(See under No. 3 of 1847, Volume I., page 186.)

No. 9 of 1882.

An Ordinance to amend "The Medical Wants Ordinance, 1880." and to repeal "The Medical Wants Ordinance, 1880, Amendment Ordinance, 1881."

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An Ordinance to facilitate the recovery of possession of
Tenements after due determination of the Tenancy.
(Extended by No. 8 of 1887.)

(As amended by No. 3 of 1890.)

WHEREAS it is expedient to provide for the more

speedy and effectual recovery of the possession of tenements unlawfully held over after the determination of the tenancy: Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows:

1 This Ordinance may be cited for all purposes as "The Small Tenements Ordinance, 1882."

2 In this Ordinance, unless the context otherwise requires

The term "tenement” shall mean a house or other building or any part thereof rented, or which may be rented, exclusive of all taxes, rates, and assessments, at a sum not exceeding twenty rupees a month, other than a tenement held, or occupied under a tenure registered under the provisions of "The Service Tenures Ordinance, 1870."

The term "town" shall mean the towns of Colombo, Kandy, and Galle, within their respective municipal limits, and such of the towns mentioned in the schedule of "The Local Boards of Health and Improvement Ordinance, 1876,"* and in Ordinance No. 21 of 1877,† the limits of which have been defined by Proclamations issued under those Ordinances, and also such Repealed by No. 13 of 1898,

† Has bad its effect.

Preamble.

Short title.

Definition clause.

Where the tenant or

occupier of a

tenement refuses to give up possession, after determination of tenancy, the landlord may apply to the

court of

requests for writ of

possession; and if tenant does not appear on rule nisi served upon him, or fails to show

cause, the court shall issue writ to give possession to landlord.

Mode of service

of rule nisi, and the return thereto.

Small Tenements.

other towns which shall be determined upon by the Governor, with the advice of the Executive Council, and the limits of which, for the purposes of this Ordinance, shall, by Proclamation, be published in the Government Gazette.

3 Whenever the term or interest of the tenant of any tenement situated in any town shall have ended, or shall have been duly determined by legal notice to quit, and such tenant, or (if such tenant do not actually occupy the premises or occupy only a part thereof) any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up possession of the tenement or of such part thereof respectively, it shall be lawful for the landlord to file in the court of requests of the division in which such tenement is situated an application praying for the recovery of possession, and such application shall be supported by an affidavit of the landlord or his agent, setting forth the holding, the end, or other determination of the tenancy, with the time or manner thereof, and where the title of the applicant shall have accrued since the letting of the premises, the right by which he claims the possession. Thereupon the court shall cause a copy of the application and affidavit aforesaid and a rule nisi to be served on the tenant or occupier to appear on a day certain to be named by the court, not less than three or more than seven clear days after the service of the said rule, and show cause why he should not deliver up possession of the tenement to the said applicant or his agent; and if the tenant or occupier shall not appear at the time appointed, or, appearing, shall not show good and valid cause to the contrary, the rule nisi shall be made absolute with costs, and the court shall forthwith issue (and if need be re-issue) a writ of possession to the fiscal of the district requiring and authorizing him, within a period therein to be named, not less than three or more than seven clear days from the date of the issue or re-issue of such writ, to give possession of the tenement to such landlord or his agent; and such writ shall be sufficient to the said fiscal to enter upon the tenement with such assistants as he shall deem necessary and to give possession accordingly. And the costs incurred in the suing out and execution of such writ shall be recovered from the tenant or occupier. Provided always that nothing herein contained shall be deemed to protect any person, by whom any such writ shall be sued out, from any action or proceeding which may be brought against him by any such tenant or occupier for or in respect of such entry and taking possession, where such person had not at the time of suing out the same as aforesaid lawful right to the possession of the said tenement.

4 The rule nisi aforesaid shall be served by the fiscal, or any officer appointed by him, on the tenant or occupier personally, or by leaving the same with some adult person being in and apparently residing at the place of abode of the person or persons so holding over as aforesaid; provided that if the person or persons so holding over, or any or either of them, cannot be found, and the place of abode of

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