Small Tenements.

such person or persons shall either not be known or admission thereto cannot be obtained for serving such rule nisi, the posting of the rule nisi on some conspicuous part of the tenement so held over shall be deemed to be good service upon such person or persons respectively, anything in the Ordinance No. 4 of 1867 to the contrary notwithstanding. and the fiscal shall return to the court the mode of the service of the said rule nisi and the circumstances under which such service was made.

5 If, in showing cause to the rule nisi aforesaid, the tenant shall, upon affidavit, deny the legal determination of the tenancy, or shall profess to hold the tenement in his own right or under any other person than the applicant, or raise any other valid defence, necessitating, in the opinion of the court, a postponement of the hearing, the court shall immediately settle and record the issue or issues raised, and, having regard to the circumstances of the case, appoint as early a day as possible for the hearing of evidence, and the parties shall take immediate notice of the same. The chief clerk of the said court shall thereupon issue subpoenas to such witnesses as may be required by the parties, commanding their attendance at the time and place specified. No further postponement of the hearing shall be allowed except by consent of parties, or for any reason save the absence of a material witness. And in every affidavit for founding a motion for such postponement, the facts which the said witness knows and is able to prove shall be set forth, as also that he is not kept away by collusion. On the day appointed the court shall hear and determine the issues raised, and give judgment thereon, anything to the contrary in the Ordinance No. 11 of 1868* notwithstanding.

6 In every case in which the person by whom any such writ of possession shall be sued out of the court had not at the time of suing out the same lawful right to the possession of the tenement, the suing out of the writ aforesaid shall be deemed a trespass by him against the tenant or occupier of the tenement, although no entry shall be made by virtue of the writ of possession. And in case any such tenant or occupier will become bound with two sufficient securities in such sum as to the court shall seem reasonable, regard being had to the rent already due and which may become due, and to the probable cost of the action herein mentioned, to sue in a court of competent jurisdiction, within two months from the date of such bond, the person by whom such writ was sued out, and to pay all the costs incidental to such action in case a judgment shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action or become nonsuit therein, execution upon the writ shall be stayed until judgment shall have been given in such action; and if, upon the trial of such action of trespass, judgment shall pass for the plaintiff, such judgment shall supersede the said writ.

7 Repealed by No. 3 of 1890.

Procedure where tenant raises a valid defence, necessitating postponement of the hearing.

How execution of writ of possession may be stayed.

Appeal to
Supreme Court.

Forms to be used.

Commencement.

Small Tenements.

8 Any party who shall be dissatisfied with any final judgment, or any order having the effect of a final judgment, may appeal to the Supreme Court against any such judgment or order, and all such appeals shall be filed within five days (exclusive of Sundays and holidays) of the order of judgment complained of, and be governed in all other respects by the same rules as are applicable to appeals from judgments of courts of requests.

9 The precedents contained in the schedule of forms hereto annexed shall be followed as near as is material in the procedure enacted by this Ordinance.

10 This Ordinance shall come into operation on the first day of January, 1883.

-)

The application of A. B. in person (or by ——

Showeth - That he files hereto his (or E.F.'s) affidavit dated

and prays that C. D., of

cited to show cause why he should not deliver peaceful possession of the tenement (describe it particularly) to A. B.

Date:

the tenant above named, may be

Signature of A. B. (or his Proctor).

(2) Affidavit supporting Application for Rule Nisi.
In the Court of Requests of

In the matter of the application of A. B., of
under "The Small Tenements Ordinance, 1882."

Between A.B.

and

for a rule nisi

..Landlord,

....Tenant.

-—, make oath and say—

1. That I am the landlord of (or the agent of the landlord of) tenement No.

in

which is a house (or other building) situated and bounded as follows:

2. That I (or E. F. acting for and on behalf of A. B.) put C. D. in occupation of the said tenement on or about - -, upon these terms,

to wit (state the terms, if any).

(If the title of A. B. accrued since the letting of the premises, the special circumstances of such a case must be set forth.)

3. That I (or E. F. acting for and on behalf of A. B.) gave notice to C. D. on or about to quit the tenement aforesaid on

(or state in what other way the tenancy expired, and when such determination took place).

4.

That notwithstanding that the tenancy as aforesaid was determined on or about the said C. D. has forcibly held over

possession, and refuses to give up possession.

next at

o'clock (or "instant") appear and show cause why he should not deliver peaceful possession of the tenement (describe it particularly as in the application) to

Upon the motion of

By order of Court,

Chief Clerk.

(3a) Fiscal's Return.

By virtue of this Order I have caused the said C. D. to be summoned as therein directed, as will appear from the affidavit of

dated

-, hereto annexed.

Fiscal.

(36) Affidavit of Service referred to in the Fiscal's

2. That I am personally known to and am acquainted with C. D., the tenant above named.

3. That I served the said rule nisi upon the said C. D. personally on the day of at (mention the place where the service

took place).

(If personal service could not be effected, state the reason why it could not be done, and what efforts were made to effect such service, and then proceed to state particulars of the service upon the adult person residing apparently in C. D.'s house. If C. D. cannot be found, or evades service, &c., state full particulars, so that the court may see reason to order the posting of the rule nisi on some conspicuous part of the tenement.)

Sworn to, &c.

Whereas by an order of this Court dated

you to

(or C. D. was ordered to deliver to 4. B.) possession of all that (describe the tenement recovered as in the order): This is to command enter the same and within days thereof to cause the said A. B. to have possession of the said tenement with its appurtenances; and in what manner you have executed this writ, make appear to this Court immediately after the execution hereof, and have you there this writ.

Know all men by these presents that we, C. D., E. F., and G. H., of are jointly and severally held and firmly bound unto Chief Clerk for the time being of the said Court, in the sum of Rs. to be paid to such Chief Clerk as aforesaid, or to his assigns; for which payment to be well and truly made we jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents.

Whereas the said C. D., at present in occupation of the tenement which is the subject-matter of the proceeding aforesaid, has applied to the said Court to stay execution of writ of possession which was sued out in the said proceeding on

:

Now the condition of this bond is such that if the said C. D. shall within two months from the date hereof sue in a separate action in a court of competent jurisdiction A. B. above-named for trespass in wrongfully suing out the writ of possession aforesaid, and shall pay all the costs arising from such action in case a decree shall be entered in favour of the said A. B., or the said C. D. shall not prosecute his action or shall become nonsuit therein, then the said bond shall be void, or otherwise shall be in full force.

Telephones.

No. 3 of 1887.

An Ordinance empowering the Governor in Executive Council to extend the provisions of "The Small Tenements Ordinance, 1882," to places other than Towns.

WHEREAS it is expedient to extend the provisions of "The

Small Tenements Ordinance, 1882," to places other than towns: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows:

1 It shall be lawful for the Governor, with the advice of the Executive Council, by Proclamation in the Government Gazette, from time to time to extend all or any of the provisions of the Ordinance No. 11 of 1882, anything in the said Ordinance to the contrary notwithstanding, to any place in this island other than a town, and to define in such Proclamation the limits of such place; and the Governor may, with the like advice, repeal such Proclamation, and may from time to time by like Proclamation alter or vary the limits of any such place.

24th January, 1887.

Preamble.

Governor with
advice of
Executive
Council may
extend the
provisions of
Ordinance No. 11
of 1882 to
places other
than towns.

No. 16 of 1882

An Ordinance to authorize and regulate the use of Telephones in this Island.

WHEREAS it is desirable to permit the establishment

and use of private telephones: 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 Telephone Ordinance, 1882."

2 It shall be lawful for the Governor, with the advice of the Executive Council, to grant a license to any company to establish, maintain, and use a line of telephones, or exchange telephones, within any part of this island, which license shall be revocable by the Governor, with the like advice, on the breach of any of the regulations, terms, or conditions in the said license contained.

3 It shall be lawful for the Governor, with the advice of the Executive Council, to establish and fix a royalty upon. the establishment, maintenance, or use of every telephone for which a license is granted under the preceding section. The amount of such royalty shall be fixed by the Governor, with the advice of the Executive Council, at the time of the grant of each license: Provided always that it shall be lawful for the Governor, with the advice of the Executive Council, from time to time as he may think expedient, by Proclamation in the Government Gazette, to alter, vary, increase, or decrease the amount of any royalty established under the provisions of this Ordinance, so that such royalty shall not exceed five per cent. upon the fees received by any company for the use of the telephones.

D 2

*39-00

Preamble.

Short title.

The Governor may grant license to establish telephones.

Governor may fix royalty.