68 



entitled to take judicial notice, a series of circumstances show- 

 ing that the domestic disturbances which have been the imme- 

 diate occasion of the proclamation of Martial Law had them- 

 selves assumed the character of warfare. There is no need 

 for me to deal with this aspect of the case in detail. When we 

 regard the position in which the whole Empire is placed, I 

 should have had no hesitation in holding that the disturbances 

 in question were of themselves sufficient to justify the action 

 which has been taken. The Attorney-General states from his 

 place at the Bar, and on adequate instructions, that in the 

 opinion of His Excellency the Governor the time has not yet 

 come for a relaxation of Martial Law in this Colony. In view 

 of all the circumstances, the utmost weight must be attached 

 to a statement of that kind. We have, on the other side, merely 

 the facts which, as I have already shown, are far from being con- 

 clusive to law, that the ordinary Courts of Justice are open and 

 that actual outbreaks of violence have, for the time being, in a 

 large measure ceased. There is one point only to which I have 

 omitted to refer. The. Proclamation of June 2nd, of course, is 

 in no way necessary to give Martial Law its efficacy and validity, 

 any more than it would constitute an ultimate justification for 

 acts in excess of what the needs of the hour require. It is merely 

 what it purports in terms to be, a declaration to the whole com- 

 munity of the assumption by the Executive Government of 

 powers which it already possesses. With these observations, 

 and for the reasons which I have given, I hold that this appli- 

 cation must be dismissed. 



Colombo, June 29th, 1915. 

 True Copy. 



LLOYD DANIELS, 



Deputy Registrar. 



(1) (1831) i Knapp, 316. 



(2) (1902) A.C. 109. 



(3) (1814) 2 M& S 428. 



(4) (1801) i East 306. 



(5) (1850) 3 Ellis & Ellis 328 



(6) (1842) 3 Q.B. 825. 



(7) (1887) i 9 Q.B.D. 12. 



