The Judgments of the Supreme Court of Judicature and of the High Court of Appeal of the Island of Ceylon

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Excerpt from The Judgments of the Supreme Court of Judicature and of the High Court of Appeal of the Island of Ceylon: Delivered Between the Years 1820-1833That contradictory decisions should have been pronounced in this Court, said Sir Richard Ottley, in the year of his promotion to the Chief J usticeship of Ceylon, is a matter of regret, because, if one subject can be selected which more than any other it is the incumbent duty of judges to attain, we may say that certainty and uniformity of practice is that object.~ It is an object which I consider of such magnitude that, unless it be attained, no exhibition of talent, no display of erudition or of ingenuity, could render the proceedings of the Court respectable (a). The discordancy in the judiciary law of Ceylon, as deplored by this eminent judge in 1827, has not been remedied to the present day. Indeed, the evil appears to have increased. For Mr. Justice Thomson, writing in 1866, said: The absence of a complete publication of these decrees has led to litigation and 'error. The decrees of the Supreme Court, when unprinted, cannot a¿'ord instruction to the profession generally and consequently that Court has had to decide the same points, often elementary points, over and over again, because the District Judges, Magistrates, Advocates, and Proctors have had no proper reports to refer to, indeed, even the judges of the Supreme Court itself, having no index to its decisions, have elaborately adjudged many questions of law, in ignorance that those very questions had been as elaborately adjudicated upon years before by their predecessors, or have unwittingly over-ruled those predecessors and even themselves. (6)About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.