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CHAPTER VII.

ORIGIN OF THE DISTRICT COURTS.

WHEN the western maritime border of Ceylon was surrendered to the English, there existed, in Colombo, Jaffna, and Galle, certain courts called the "Court of Matrimonial and Petty Causes," and also called the "Civil or Town Courts." These courts had cognizance of civil causes to the amount, in value, of one hundred and twenty rix dollars, or nominally £9. They had, no doubt, been established in imitation of similar Small Causes Courts in the chief towns of Holland. After the capitulation, they suddenly discontinued their judicial functions.

The Council of Justice, a superior court, was stipulated to be continued to exist only for twelve months from the date of the capitulation, for the decision of all civil suits depending in it at the time of the capitulation.

Besides these Town Courts, and the Councils of Justice, there were certain Country Courts, called Land Raads, which had been administered, in the time of the

Dutch, according to the Regulations published and established by William Jacob Vander Graaff-a former Dutch Governor. These courts ceased, apparently, to exercise jurisdiction at the time of the capitulation.

The capitulation was in February, 1796; and in 1799, the colony being settled, and there being no hope of a European peace, the Government of Ceylon, under authority from the Crown, determined to re-erect a temporary system of civil judicature; and, for that purpose, to utilize the Town Courts, and call back the Land Raads into life. Accordingly the jurisdiction of the Town or Civil Courts was extended to all civil causes whatsoever arising within the local limits of their former jurisdiction. These courts were to be styled "Civil Courts," only; and exercised their new jurisdiction in the same manner and with the same powers as they formerly exercised to the limited amounts before mentioned, and with the additional power of decreeing the execution commonly called parata executio, a summary course of proceeding without the previous stages of a suit, whereby the creditor is at once entitled to

execution.

The quorum of judges was reduced from five to one in civil cases; although more than one judge might be appointed, the court thus having a president who had a casting vote.

In addition to the Civil Courts in towns, the Land Raads were re-established in their old jurisdictions.

But as, from the then circumstances of Ceylon, the observation of all the formal parts of proceeding practised under the ancient Government of the United Provinces had become impracticable, and to render the administration of civil justice as plain and simple as possible, with such forms only as were essential to the ends of justice and the investigation of truth, the proceedings in all courts of civil judicature were made summary, and without such delays and formal proceedings as were not conducive to the merits of the case. Examination of witnesses vivá voce, and upon oath, in open courts was established; and also the reduction of the depositions to writing, by an officer of the court, for the information of the Court of Appeal, which was established by the same proclamation. (Capitulation of Colombo, Art. 23; Procl. of 23 Sept. 1799.)

Prior to the re-establishment of these courts, after the Dutch settlements in Ceylon had submitted to the Crown of England, a Court of Equitable Jurisdiction had been established at Colombo by the then existing British Government, to dispense justice in the place of the Land Raads, which had ceased their judicial proceedings. This court continued after the establishment of the Civil Court at Colombo, apparently for native causes beyond the jurisdiction of the Civil Court of Colombo; and subsequently an appeal to the Governor from this court was given. (Procl. 14 Oct. 1799.)

In the course of a couple of years it was found that

the practice of the courts had become diverse, and had largely followed the ancient forms of procedure under the United Provinces. A more precise proclamation was therefore issued, with improvements which remain to this day.

Under the Dutch Government, it had been usual and necesary to obtain permission from the Presidents of Courts, and even from the Governor, to sue, which usage many thought to be still in force. This usage was expressly declared to be no longer in force; but that every person might apply for redress to a court without hindrance. By the general regulations in this proclama→ tion, a system of procedure, beginning with a plaint, was laid down; and the Civil Courts at Colombo, Jaffna, and Galle had exclusive civil jurisdiction given to them within the forts and their gravets; and a number of new Land Raad Courts were established, and the old ones confirmed. Each court had power to form its own bye-rules, consistent with the regulations, under the sanction of the Governor. This proclamation also provided for appeal. (Procl. 22 Jan. 1801.) In the subsequent August, the English language was fully established as the language of the courts. (Procl. 20 Aug. 1801.) In the same year a Supreme Court was established by charter. (18th, 1801.) This court had a limited original civil jurisdiction in Colombo; but the Land Raad Court of Colombo was continued in cases where a native was defendant.

In matrimonial and testamentary cases, the English law was secured to Europeans, the Dutch law to the Dutch, and their own several laws of inheritance, succession, and contract, to the Singalese and Mahomedans.

On the 5th of June, 1802, were established Courts of Sitting Magistrates, to whom was subsequently given a civil jurisdiction to the amount of fifty rix dollars; and, in November of the same year, the Fiscal's Courts (established in 1800) were converted into "Courts of Justices of the Peace," held, not before the fiscal as before, but before a justice of the peace appointed for that purpose.

In the year 1805, however, on the ground of expense, and the insufficient number of the civil servants, all courts of justices of the peace were abolished,* and a Provincial Court with one judge, with a limited civil and criminal jurisdiction, was established in each of the five provinces into which the maritime provinces was then divided. But, in 1810 (Charter, 6 Aug. 1810, § 14), these courts were abolished, and the Land Raad Courts which they had superseded were re-established by the Governor in such districts and with such jurisdiction as the Chief Justice deemed expedient. In the following year, however, the scale went up in favour of the Provincial Courts, which were revived and restored; con

*Not those of the Sitting Magistrates.