THE SANITARY OFFICER v. FERNANDO.

Present: Mr. Justice Wood Renton.

THE SANITARY OFFICER v. FERNANDO.

M. C., Colombo, 1,448.

Neglecting to keep clean road and drain in front of premises-employe" of  owner-Police Ordinance (No. 16 of 1865) s. 94-Implied repeal- Municipal Councils' Ordinance (No. 7 of 1887), ss. 170 and 171.

Held by WOOD RENTON J.-

(1) That the provisions of section 94 of Ordinance No. 16 of 1865 in respect of streets must be considered to be impliedly repealed by sections 170 and 171 of the Municipal Councils' Ordinance (No. 7 of 1887) in so far as the Municipality of Colombo is concerned.

(2) That a mere employe of the real owner cannot be said to be the " occupier " or the " inhabitant," within the meaning of Ordinance No. 16 of 1885, of the premises on which he works and therefore cannot be convicted under the above section of the Ordinance,

APPEAL from a conviction under section 94 of Ordinance No. 16 of 1865. The facts sufficiently appear in the judgment.

Sampayo, for appellant

Bawa, for respondent.

22nd March, 1906. WOOD RENTON J.-

The appellant has been convicted by the Municipal Magistrate, Colombo, under section 94 of " The P

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