TEMPLE Land REGISTRATION ordinance

Arrangement of Sections

1. Short title.

2. Commencement of ordinance.

3. Governor to appoint commissioners to carry the Ordinance into effect.

4. Commissioners to take oath of office.

5. Commissioner not to be purchaser of land.

6. Governor to appoint clerk and other officers; and to make rules for giving effect to the Ordinance.

7. Time and place of the sittings of the commissioners, how appointed and notified. Proceeding of commissioners in the investigation of claims to be with open doors.

8. Commissioners to inquire into, ascertain, and set out the boundaries of temple lands in the Kandyan provinces.

9. So soon as such public notice is given, persons claiming lands on behalf of temples to lodge with commissioners a schedule of such claims.

10. Instead of giving in a written claim, parties may appear before the commissioners and state verbally. Such verbal statements are to be recorded and signed.

11. Claims to be open to the inspection of all persons interested. Proceedings if claim objected to.

12. Commissioners to decide questions of exemption from taxation, and boundaries of temple lands. Disputes between temple and private persons not to delay the commissioners.

13. Instruments dated prior to 1st February, 1840, produced to the commissioners to be copied and filed in district court. No Such instrument, not produced, to be afterwards received in evidence.

14. Commissioners to be guided by equity, and not bound by the strict rules of law; any may examine the parties on oath.

15. Commissioners to have powers to summon witnesses. Penalty for not obeying the summons. Fine how recovered.

16. Witness not bound to travel more than ten miles.

17. Evidence to be reduced to writing and signed, persons swearing falsely to be deemed guilty of perjury.

18. Commissioners may order witnesses residing at a distance, or unable to attend to be examined on oath by justice of the peace. Duties of such justices of the peace.

19. Commissioners nay order the person in charge of any temple land to put up landmarks.

20. Penalty for removing or destroying landmark.

21. Commissioners to draw up a registry of lands.

22. Commissioners to grant certificates of registration.

23. Register to be preserved in the cutcherry. Map of the lands to be deposited with the register in the cutcherry.

24. Commissioners to cause survey and plan to be made.

25. Expenses of the survey how paid.

26. Temple not liable for expenses of survey if it possesses an authenticated plan and there is no dispute as to boundaries.

27. Powers of the commissioners may be exercised by any one of them.

28. Penalty for obstructing commissioners or surveyor.

SCHEDULE

10 of 1856.

AN ORDINANCE to provide for the settlement of claims to exemption from taxation of Temple Land in the Kandyan provinces and for the due Registration of all Land belonging to such Temples.

[Date of Commencement: 1st January, 1857]

1. Short title.

In citing this Ordinance in any instrument or proceeding, it shall be sufficient to use the expression "The Temple Lands Registration Ordinance, 1856.”

2. Commencement of ordinance.

The provisions of this Ordinance shall come into operation on the First day of January, 1857.

3. Governor to appoint commissioners to carry the Ordinance into effect.

From the time when this Ordinance shall commence and take effect there shall be within this island one or more person or persons, not exceeding three in number, who shall be the commissioner or commissioners for carrying into effect the provisions of this Ordinance, and for executing the several powers hereby conferred upon them, and such commissioner or commissioners shall from time to time be appointed by the Governor, by a commission or commissions under the public seal of this island.

4. Commissioners to take oath of office.

Every such commissioners shall, before proceeding to execute the duties imposed on him by this Ordinance, take and subscribe before some justice of the peace the oath following:

I, A. B., do swear that I will faithfully, impartially, and honestly, according to the best of my skill and ability, execute and perform the several trust, powers, and authorities vested and reposed in me as a commissioner by virtue of "The Temple Lands Registration Ordinance, 1856,” according to equity and good conscience and without favour or affection, prejudice, or partiality to any person or persons whomsoever. And I do further swear that I will not directly or indirectly receive or knowingly permit any other person to receive any fee or reward for anything done or to be done under the said Ordinance, excepting only such as the said Ordinance appoints or authorities. So help me God.

Oath to be enrolled in the Supreme Court.

Which oath so taken and subscribed by each commissioner shall be enrolled in the Supreme Court.

5. Commissioner not to be purchaser of land.

No such commissioner shall be capable, whilst holding such commission, of being a purchaser, either in his own name or in the name or names of any person or persons, of any lands within any part of this island to which the provisions of this Ordinance extend.

6. Governor to appoint clerk and other officers;

and to make rules for giving effect to the Ordinance.

It shall be lawful for the Governor from time to time to appoint a clerk to the said commissioners, and such other ministerial officers as to him may appear necessary for enabling such commissioners duly to execute the provisions of this Ordinance; and it shall be lawful for the said Governor, with the advice of the Executive Council, from time to time to frame and establish such rules and regulations as to him may appear necessary for carrying into effect the several provisions of this Ordinance:

Provided such rules and regulations shall not be repugnant to or inconsistent with this Ordinance. And it shall also be lawful for the said Governor, with the advice aforesaid, to direct to be paid out of the Colonial Treasury to such commissioners, Clerks, and other officers, such reasonable salaries or remuneration as he may think fit.

7. Time and place of the sittings of the commissioners, how appointed and notified.

Proceeding of commissioners in the investigation of claims to be with open doors.

The commissioners appointed by virtue of this Ordinance shall hold their sittings at any such place and at such times as shall from time to time be appointed by them, and as shall be found convenient and necessary for the despatch of business; and public notice in writing under the hand of Such commissioner of the place and time so to be appointed shall be given by publication in the Government Gazette, and in such other manner as such commissioners shall direct, and as may appear best adapted for giving publicity thereto; and the proceedings of the said commissioners in the investigation of any claims or the settlement of any disputes, in virtue of the provisions of this Ordinance, shall be carried on and the decisions and orders of such commissioners shall be pronounced and declared with open doors.

8. Commissioners to inquire into, ascertain, and set out the boundaries of temple lands in the Kandyan provinces.

Before doing so, three weeks public notice of their intention to be given.

So soon as this Ordinance shall come into operation the commissioners appointed by virtue thereof shall and they are hereby authorized and required to inquire into the boundaries of all lands, of whatsoever description the same may be, belonging or alleged to belong to or in the possession of all wihares and dewales within any district of the Kandyan provinces, to which the privilege of exemption from taxation of temple lands extends; and in case it shall appear to such commissioners that the boundaries of the same respectively are not sufficiently ascertained and distinguished, such commissioners shall and they are hereby authorized and required to ascertain, determine, set out, and fix the same respectively; and after the said boundaries shall be so ascertained, determined, set out, and fixed, the same shall and are hereby declared to be the boundaries of such lands respectively, so far as regards any question between such temples and Her Majesty's Government, touching any claim to exemption from taxation, or touching the boundaries or extent of soy lands whatsoever claimed by any such temple:

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