SERASINGHA v. IBRAHIM SAIBO.

SERASINGHA  v.  IBRAHIM 
SAIBO.

M.C., Colombo,  8.

Public market established by Municipal Council of Colombo-By-law 14' of chap. XIX. of by-laws in schedule A to Ordinance, No. 16 of 1881- Municipal Council's Ordinance, No. 7 of 1887, s. 232-Ordinance No. 8 of 1901-Lease of public market-Right of Council to issue licenses to stall holders.

    The by-laws as to public markets contained in chapter XIX. of the by-laws in schedule A to the Ordinance No. 16 of 1881 are not consistent with the provisions of sections 226 to 232 of Ordinance No. 7 of 1887, which deal with public markets, and were not legally in force at the date of the framing of the Ordinance No. 8 of 1901.

    Therefore, a conviction under by-law 14 cannot be sustained.

    A lease of a building used as a public market, unless let subject to the provisions of chapter XVIII. of the by-laws, would vest in the lessee an estate for the time being, the due enjoyment of which would be incompatible with the use of that building as a public market; and no licenses from the Chairman of the Municipality or its Secretary for the occupation of its stalls is necessary d

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