Foreign Jurisdiction Acts. Volunteers. Indian Coolies. I, 2.-License to open a New Quarry. - Chairman of the Municipal Council of Chairman of the Local Board of Health and Improvement of (or as the case may be), do hereby license A. B. to open, work, and use as a (describe nature of) quarry the land called ; bounded on the north by situated at on the south by on the west by ; subject to the day of 18-. Chairman of 14th August, 1889. No. 10 of 1889. An Ordinance relating to the Expenses attendant upon the Conviction, or the Acquittal on the ground of Insanity, of Natives and Residents of Ceylon in a Foreign Country under the Foreign Jurisdiction Acts. (Sec under No. 1 of 1873, Volume I., page 691.) No. 11 of 1889. An Ordinance relating to Volunteers. No. 13 of 1889. An Ordinance amending the Law relating to Indian Coolies employed on Ceylon Estates. Preamble. Registration of certain marriages in the Matale district irregular by reason of not having been in duplicate. Such irregular registrations declared valid. No other defect cured in respect of such marriages. Preamble. Kandyan Marriages. Surveyors, Auctioneers, and Brokers. No. 14 of 1889. An Ordinance to provide for the Validity of certain Marriages registered in the District of Matale under "The Amended W Kandyan Marriage Ordinance, 1870." (See No. 3 of 1870.) HEREAS "The Amended Kandyan Marriage Ordinance, 1870," requires, inter alia, in order to constitute a valid marriage thereunder, that the same shall be registered in duplicate in the presence of any registrar for the district where such marriage is contracted: And whereas in the district of Matale divers marriages contracted under the said Ordinance were registered only in one marriage register book, and not in duplicate in two such books as required by the said Ordinance, by Robert Massie, George Sanders Williams, Henry Luttrell Moysey, Don Aaron Cornelius de Alwis Igalaratna, and Benedict Nathaniel Karunanayaka Jayawardana, each of whom acted in the matter of such registration in the capacity of district registrar: And whereas it is expedient to remove all doubts as to the validity of the said marriages, notwithstanding their non-registration in duplicate Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 The registration of all marriages contracted in the Matale district and registered by the said Robert Massie, or the said George Sanders Williams, or the said Henry Luttrell Moysey, or the said Don Aaron Cornelius de Alwis Igalaratna, or the said Benedict Nathaniel Karunanayaka Jayawardana, between the first day of January, 1872, and the thirtieth day of September, 1888, shall be as valid and effectual for all purposes intended by, or relating to, or connected with the provisions of "The Amended Kandyan Marriage Ordinance, 1870," as if the particulars relating to such marriages had respectively been registered in duplicate in two of the marriage register books as in the said Ordinance provided. 2 Nothing herein contained shall give any validity to the registration of any marriage so irregularly registered as aforesaid, except so far as relates to the defect thereof caused by the non-registration in duplicate of the particulars of such marriage as required by the said Ordinance. 31st October, 1889. No. 15 of 1889. An Ordinance relating to Land Surveyors, Auctioneers, and Brokers. (As amended by No. 8 of 1897.) HEREAS it is expedient to provide for the registration and licensing of persons practising as surveyors within this colony, and to prevent unlicensed persons from Surveyors, Auctioneers, and Brokers. carrying on business as auctioneers or brokers within the limits of any town in which a municipal council is or may be established: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: PART I. 1 For the purposes of this Ordinance no person shall be Interpretation. deemed (a) To practise as a surveyor who does not receive a fee or other remuneration for his work; or (b) To carry on trade or business as an auctioneer who does not sell at any public auction property, movable or immovable, of the aggregate value of fifty rupees and upwards; or (c) To carry on trade or business as a broker who does not at any time buy or sell for another, property movable or immovable, of the aggregate value of fifty rupees and upwards. 2 (1) From and after the expiration of three months from (a) By an affidavit to the effect that he has practised (3) A fee of two rupees and fifty cents shall be charged for every such registration, and all such fees shall be accounted for and appropriated as the Governor shall from time to time direct. 3 No survey or plan, and no copy or tracing of any survey or plan, purporting to have been made or prepared by any surveyor after the expiration of the afore-mentioned period of three months, shall be receivable in evidence in any civil court in this colony, unless made or prepared by a registered surveyor who has been duly licensed under this Ordinance. 4 (1) Every applicant for a license, who is not a person described in schedule A hereto, shall pass such examination as may from time to time be prescribed by the Government, and notice of the time when and the subjects in which applicants shall be examined shall be published in the All practising surveyors to be registered. Court surveys to be made only by licensed surveyors. Examination for license. [§ 2, 8 of 1897] Fees. [§ 3, 8 of 1897] Exemptions from examination. Stamp. Registration and license may be cancelled. List of persons registered and licensed to be published. Penalty for practising without license. Surveyors, Auctioneers, and Brokers. Government Gazette and two or more of the local newspapers at least one month previously to the date fixed for such examination. (2) Every applicant shall be examined in Colombo at the Technical College by such person as may be appointed by the Governor. 5 Every applicant for a license not being a student of the Technical College shall, before being examined, pay to the Surveyor-General a fee of thirty-five rupees. All such fees shall be accounted for and appropriated as the Governor shall from time to time direct. 6 The persons described in schedule A hereto shall be exempted from passing the examination required by section 4. and shall be entitled to a license on their applying to the Surveyor-General therefor. And it shall be lawful for the Governor, in Executive Council, by Proclamation in the Government Gazette, to extend the said exemption to other persons who may be duly qualified to practise as licensed surveyors. 7 Every license shall be in the form contained in schedule B hereto, and shall bear a stamp of two rupees and fifty cents. 8 (1) Whenever it shall be made to appear to any district court within whose jurisdiction any registered surveyor may reside, that such surveyor has been guilty of gross misconduct in the discharge of his duties as a surveyor. or that he has proved himself incapable of discharging such duties with advantage to the public, such court may, after a summary investigation of the matter of complaint, which may be preferred, by petition, by any aggrieved person. cancel the registration and the license, if any, of such surveyor, and award costs as it thinks fit. Every such cancellation shall be in the form of an order, which shall be subject to an appeal to the Supreme Court in like manner as any other order of such district court. (2) Every such order of cancellation, unless the same be set aside on appeal, shall be communicated by the district court to the Surveyor-General, who shall give effect thereto : and where any license has been cancelled, the licensee shall forthwith return such license to the Surveyor-General. 9 The Surveyor-General shall cause to be published in the Government Gazette at the beginning of every month a list of all persons who shall have been registered or licensed as surveyors during the preceding month, and shall, upon any order of cancellation under section 8 being communicated to him, forthwith notify the same in the Government Gazette. 10 Every person who, after the expiration of the aforementioned period of three months, shall practise, or attempt or profess to practise, as a surveyor, either without having been duly registered as such or after his registration and license, if any, have been cancelled in manner aforesaid. shall be guilty of an offence, and shall be liable on a first Surveyors, Auctioneers, and Brokers. conviction to a fine not exceeding one hundred rupees, and on every subsequent conviction to a fine not exceeding five hundred rupees. 11 Every surveyor licensed under this Ordinance shall be deemed to have been specially licensed by the SurveyorGeneral for the purposes of "The Land Registration Ordinances, 1877 and 1889.” 12 Nothing herein before contained shall apply to any surveyor for the time being in the service of the Government, or shall prejudicially affect the operation of any existing or future enactments relating to plans or surveys purporting to be signed by the Surveyor-General or any officer on his behalf. Surveys under Government PART II. 13 From and after the expiration of three months from the date on which this Ordinance comes into operation, no person shall carry on the trade or business of an auctioneer or of a broker within the limits of any town in which a municipal council is or shall be established, unless he shall have obtained a license from the chairman of such council in the form in schedule C hereto. 14 Every such license shall continue in force from the day on which it is granted till the thirty-first day of December next ensuing, and shall specify the conditions on which it is granted and the municipal limits within which it may be used. 15 A fee of forty rupees shall be payable for every such license, and such fee shall form part of the municipal fund of the town for which the license is granted. Provided that where the same person obtains a license as auctioneer and also a license as broker, he shall pay only a fee of sixty rupees for both such licenses. 16 (1) The chairman of the municipal council may, for good reason to be assigned by him in writing, refuse to grant any such license, and may in his discretion attach such conditions thereto as he may deem expedient, and may cancel such license in the event of the breach of any such condition being proved to his satisfaction. (2) Any person aggrieved by an order of the chairman refusing to grant or cancelling a license may appeal to the Governor, in Executive Council, within seven days from the date of such order, and the decision of the Governor, in Executive Council, shall be final and conclusive. 17 The chairman of the municipal council shall at the beginning of every month cause to be published in the Government Gazette and in one or more of the local newspapers a list of the persons to whom licenses shall have been License necessary to carry on business as auctioneer or broker within municipalities. Duration, conditions, and limitation of license. Fees. Chairman may refuse to issue license and attach conditions and may cancel license. List of licensed auctioneers and brokers to be published. |