No. 63. — 1910.] KANDYAN PROVINCES. 
103 
KANDYAN PROVINCES. 
By the Hon. Mr. P. Arunachalam, M.A.Cantab., C.C.S., M.L.C. 
Vice-President, R. A. S, {C. B.). 
I. 
The Ordinance No. 12 of 1840 was an enactment made 
(as stated in the preamble) for the prevention of encroachment 
on Crown lands by persons without any probable claim or 
pretence of title. Section 6, which is the most important 
section of the Ordinance, has been the cause of much litigation 
between Crown and subject, of heated discussion by lawyers 
and politicians, and of frequent judicial interpretation. It 
provides that — 
(1) All forest, waste, unoccupied, or uncultivated lands are 
presumed to be the property of the Crown until the contrary 
is proved ; 
(2) All clienas and lands, which can only be cultivated after 
intervals of several years — 
{a) If situated in the districts formerly comprised in the 
Kandyan Provinces, are deemed to belong to the 
Crown and not to be the property of any person 
claiming the same against the Crown, except only 
on proof by such person — 
(i.) Of a sannas or grant for the same, together 
with satisfactory evidence as to the limits 
and boundaries thereof ; or 
(ii.) Of such customary taxes j dues, or services 
having been rendered within twenty 
years for the same as have been rendered 
within such period for similar lands being 
the property of private proprietors in the 
same districts ; and 
(b) If situated elsewhere in the Island, are deemed to be 
forest or waste land within the meaning of sub- 
section (1). 
