LABROOY v. MUTTU KANGANY.

M. C., Colombo, 2,417.

Municipal, Councils' Amendment Ordinance, No. 1 of 1896, a. 30 - Commencement of work without notice under s. 29-ss. 198, 199 of Ordinance No. 7 of 1887-Erection of building.

Section 176 of Ordinance No. 7 of 1887 was not intended to apply to substantial buildings with foundations.

The penal provision of section 199 of Ordinance No. 7 of 1887, as amended by section 80 of Ordinance No. 1 of 1896, applies only where a person has, under section 198, as amended by section 29 of Ordinance

No. 1 of 1896, given to the Chairman of the Municipal Council written notice of his intention to erect a building, and has received directions from the Chairman with reference to such building. So that a person who has not given written notice under section 198, and who commences the erection of a building without having given four days' written notice of his intention to do so, as required by section 199, is not. liable to prosecution under the latter section.

THIS was an appeal from a conviction under section 30 of Ordinance No. 1 of 1896 (which amended section 199 of the Municipal Councils' Ordinance, 1877