( 160 ) When the option of extending a call to 6 minutes has been asked for by a caller, and the call is completed in 3 minutes, the fee for the second period will be refunded. Charges. The charge for the use of the trunk lines is generally 15 cents for 15 miles or under, and for longer distances a cent per mile, rounded off to the nearest multiple of 25. 66 A complete list of "Trunk and Junction Lines Fees" appears in the Ceylon Post Office Telephone Directory." The rates of subscription are as follows: Yearly Subscriptions for Large Towns. The following yearly rates of subscriptions to the Post Office Telephone Exchanges and for private telephone lines in Colombo, Galle, Kandy, and Nuwara Eliya will be charged until further notice :(a) Business connections with Exchange (b) Non-business connections with Exchange : Rs. C. For 2 miles or under For 2 miles or under 120 0 For every additional mile or portion thereof 10 0 (c) For an Exchange extension line connecting separate premises of the same renter (including telephone, switch, and necessary fittings), not exceeding 2 miles in length To business premises 130 To non-business premises 95 (d) Private lines not connected with Exchange (two telephones)For 2 miles or under 150 For every additional mile or portion thereof 25 25 (e) For an extension line, not exceeding 110 yards in length, connecting two parts of the same renter's premises (including telephone, switch, and necessary fittings) 30 (f) Special fittings according to arrangement. For each additional 110 yards or fraction of 110 yards (g) For exchanging telephone instrument at request of renter, exclusive of any claim under section 2 of the agreement, a sum not exceeding (as may be decided by the PostmasterGeneral) 10 20 0 Yearly Subscription for Small Towns. The following yearly rates of subscriptions to the Post Office Telephone Exchanges established in small towns will be charged until further notice: For subscribers resident within town limits (a) Business connections with Exchange— Sub-section 1.-The Common Law of Ceylon, and applicability of English Law. For subscribers resident outside town limits (c) *For a business connection with the Exchange— For the first mile Rs. c. 110 0† For each additional mile up to 3 miles 30 0 (d) For a non-business connection with the ExchangeFor the first mile or under For each additional mile up to 3 miles For a connection beyond 3 miles from the Exchange, special For each additional telephone terms to be agreed upon. (e) For Sub-exchange or Extension lines For distance not exceeding mile or portion thereof For each additional mile or portion thereof Subscriptions are payable in advance. The minimum subscription is for 25 0 40 0 15 0 one year. SECTION 12.-LAW. Sub-section 1.-The Common Law of Ceylon, and the THE Common Law of Ceylon consists of the following systems :(i.) The Roman-Dutch Law, i.e., the system of Dutch Law which continued to be in force within the Maritime Provinces of the Island since the capitulation to the British. (ii.) The Thesawalamai or the body of customary law applicable to the Malabar inhabitants of the Jaffna Peninsula in the north of the Island. (iii.) The Laws and Usages of the Mussalman inhabitants of Ceylon. (iv.) The Kandyan Law, i.e., the body of laws applicable to the Kandyan Sinhalese inhabitants of those provinces which formerly comprised the Kandyan kingdom. (v.) The Mukkuwa Law or the body of customary law regulating the succession to intestate property of the Mukkuwas of Batticaloa, on the Eastern coast of the Island. Applicability of the Law of England. The law of England becomes applicable in Ceylon in two ways :— Case I. By reason of a local Ordinance enacting that the Law of England is to apply. Case II: By reason of the provisions of some Imperial Act of Parliament or Order in Council. Some examples follow :— Maritime Matters (Ordinance No. 5 of 1852, Section 1).—The law to be hereafter administered in this Colony in respect of all contracts or * Includes estate connections. 23 † With a minimum subscription of Rs. 125. 34-20 Sub-section 1.-The Common Law of Ceylon, and applicability of English Law. questions arising within the same relating to ships and to the property therein, and to the owners thereof, the behaviour of the master and mariners, and their respective rights, duties, and liabilities, relating to the carriage of passengers and goods by ships, to stoppage in transitu, to freight, demurrage, insurance, salvage, average, collision between ships, to bills of lading, and generally to all maritime matters, shall be the same in respect of the said matters as would be administered in England in the like case at the corresponding period, if the contract had been entered into or if the act in respect of which any such question shall have arisen had been done in England, unless in any case other provision is or shall be made by any Ordinance now in force in this Colony or hereafter to be enacted. It may be noted that the local law provides for various matters connected with Merchant Shipping, Masters Attendant, Vessels, Wrecks, &c. (See Legislative Enactments, Volume I., pp. 433–519.) Negotiable Instruments (Ordinance No. 5 of 1852, Section 2).—The law to be hereafter administered in this Colony in respect of all contracts and questions arising within the same upon or relating to bills of exchange, promissory notes, and cheques and in respect of all matters connected with any such instruments, shall be the same in respect of the said matters as would be administered in England in the like case at the corresponding period, if the contract had been entered into or if the act in respect of which any such question shall have arisen had been done in England, unless in any case other provision is or shall be made by any Ordinance now in force in this Colony or hereafter to be entered. (See sub-section 4, Negotiable Instruments.) Partnerships, Companies, Banking, Agency, &c. (Ordinance No. 22 of 1866).—Whereas it is expedient to extend the introduction into this Colony of the Law of England in certain respects: It is therefore enacted as follows: In all questions or issues which may hereafter arise or which may have to be decided in this Colony with respect to the law of partnerships, joint stock companies, corporations, banks and banking, principals and agents, carriers by land, life and fire insurance, the law to be administered shall be the same as would be administered in England in the like case, at the corresponding period, if such question or issue had arisen or had to be decided in England, unless in any case other provision is or shall be made by any Ordinance now in force in this Colony or hereafter to be entered: provided that nothing herein contained shall be taken to introduce into this Colony any part of the law of England relating to the tenure or conveyance, or assurance of, or succession to, any land or other immovable property, or any estate, right, or interest therein. (See sub-sections 8, Company Registration, and 10, Agency.) Copyright.-The Imperial Copyright Act 1911 was introduced into Ceylon by Ordinance No. 20 of 1912. Casus Omissi.-The law of England has also been introduced to meet casus omissi in our law relating to criminal procedure (Criminal Procedure Code, section 6) and the law of evidence (Evidence Ordinance, section 100). Sub-section 2.-Commerce. Sub-section 3.—Insolvency or Bankruptcy. Sub-section 2.-Commerce. An idea of the chief laws and regulations relating to the trade in Ceylon and of other matters of relative importance can be obtained from the following sections or sub-sections: Section 5, Currency and Exchange (page 97); section 6, Weights and Measures (page 106); section 7, Short Summary of the Chief Tariff Regulations (page 111); section 12, sub-sections 4, Negotiable Instruments (page 164), 5, Merchandise Marks (page 165), 6, Patents (page 166), 7, Trade Marks and Designs (page 170), 8, Company Registration (page 177), 10, Agency (page 189), 11, Purchase and Sale (page 192), and 12, Mining (page 197). Sub-section 3.-Insolvency or Bankruptcy. 66 Act of Insolvency.-The Ordinance which deals with the law applicable to this subject is No. 7 of 1853, as amended by Ordinance No. 24 of 1884. A person who desires to have himself declared insolvent must commit what is known as an act of insolvency," i.e., conducting oneself with intent to defeat or delay one's creditors; undergoing imprisonment for debt for twenty-one days, or escape from prison or custody after arrest or commitment for debt; filing a declaration of insolvency; compounding with one out of several petitioning creditors; failure to settle a judgment-debt; disobedience of order of court for payment of money in any matter of insolvency. He may also petition the court as against himself, if he is able to satisfy the Judge that his available estate is sufficient to pay his creditors at least Rs. 2·50 in every Rs. 10. Petition to Court.-A creditor whose debt amounts to Rs. 500, or two creditors whose debts together amount to Rs. 700, or three or more creditors whose debts together amount to Rs. 1,000, may petition the court that the debtor be adjudicated to be an insolvent. They must, however, be able to prove that the debtor has committed an act of insolvency. The petition presented to court has to bear a stamp of Rs. 30. Notice. A creditor who has obtained judgment against a person may give him notice in writing requiring immediate payment of the judgment-debt, and if the debtor fails to pay the debt within thirty days of service, he will be deemed to have committed an act of insolvency on the thirty-first day. If there is cause to believe that the insolvent is about to quit the Colony, or remove or conceal his goods with intent to defraud his creditors, the court may order a warrant to issue for his arrest. Creditor to Proceed. Once a petition for adjudication has been filed, the creditor is obliged to proceed to adjudication within three days, and if he fails to act, any other creditor may within fourteen days come into the case, and on proof of his debt, apply to have the person adjudged insolvent. After the petition for adjudication is filed, the court will notice the insolvent to surrender in court. Further Steps.-The further proceedings are the adjudication of insolvency, of which the insolvent will receive notice. Two public sittings of the court are then fixed within sixty days for the insolvent to ( 164 ) surrender and conform. At the second of these, the last examination of the insolvent shall be held, when the insolvent will prepare balance sheets, &c. Forthwith after the insolvent has passed his last examination, the District Court shall appoint a public sitting for the allowance of the insolvent's certificate of conformity, if objections thereto by the assignees or the creditors are not upheld. The certificate discharges the insolvent from all debts due by him when he became insolvent and from all claims made provable under the insolvency. The insolvent shall be free from arrest or from any action for a debt or claim provable under the Ordinance and may plead his certificate. Fraud, &c.-If the insolvent fails to surrender or to discover his property, or deliver up his books, or shall remove, conceal, or embezzle any part of his estate over £100, or his books, papers, &c., with intent to defraud his creditors, he shall be liable to transportation for life or for a term not less than seven years, or to imprisonment with or without hard labour for seven years. For destroying or falsifying books the punishment may be three years' imprisonment. If the insolvent in the three months preceding the filing of the petition for sequestration obtain goods for credit under false pretences, he shall be liable to imprisonment for two years. He will also be liable to the penalties for perjury if he gives false evidence. Protection from arrest and the certificate of conformity may be refused if the insolvent commits certain specified fraudulent offences. A list of notified insolvents shall be published in the Gazette every six months. For the full law on the subject, the Ordinance, of which a copy can be obtained from the Government Record-keeper, Colombo, should be consulted. Sub-section 4.-Negotiable Instruments. Governed by English Law. The law to be hereafter administered in this Colony in respect of all contracts and questions arising upon or relating to bills of exchange, promissory notes, and cheques, and in respect of all matters connected with any such instruments, shall be the same as would be administered in England in the like case. (Section 2 of Ordinance No. 5 of 1852.) It will, therefore, be observed that the Bills of Exchange Act, 1882 (45 & 46 Vict., c. 61) is applicable to Ceylon. The following stamp duties on negotiable instruments are in force in Ceylon : Rs. c. Bill of Exchange payable on demand 0 6 Bill of Exchange, promissory note, draft, or order for the payment at any time otherwise than on demand to the party named therein, or the bearer, or to order, of any sum of money |