SAHIB v. WARLIANU.

P. C., Colombo, 41,659.

Tavern, being found in, after hours for closing-Ordinance No. 12 of 1891, s. 40.

In section 40 of Ordinance No. 12 of 1891 the word " on " in the sentence, " If any poraon is found on such tavern, Ac," is a slip for " in; " and hence a person found immediately outside a tavern, and to whom arrack is passed on through a window, cannot be convicted, under that section, of being found on a tavern when the same is required to be closed.

THE evidence in this case showed that the accused was seen at about 8.50 pm. standing at the side window, which was open at the time, of a tavorn at Mutwal and drinking from a glass which was given him from inside the tavern through the window. The Police Magistrate charged him with being found on the premises of the tavern during the hours it was required to be closed, an offence punishable under section 40 of Ordinance No. 12 of 1891, and convicted him thereon.

The accused appealed.

Pereira, for accused appellant-The charge discloses no offence. The word " premises " in section 40 of the Ordinance does not mean the " premises of a tavern." It means premises licensed