Present: Mr. Justice Wendt.

ZILVA v. GIRIGORIS.

P. C, Galle, 39,214.

    Person licensed to seize dogs-Public servant-Municipal Inspector holding license-Resistance and causing hurt-Penal Code, ss. 181 and 344.

A person who holds a license from the Municipality to seize stray cattle is not a " public servant " within the meaning of the Penal Code, and resistance to a Municipal Inspector, acting under the authority of such a license, is not an offence, and is not punishable under the Penal Code.

APPEAL by the accused from a conviction under sections 181 and 344 of the Penal Code.

The facts sufficiently appear in the judgment.

A. St. V. Jayewardene, for the accused, appellant.

B. L. Pereira, for the complainant, respondent.

 February 7, 1908. WENDT J.-

 The appellant has been convicted, first of using criminal force to a public servant, to wit, Mr. G. C. de Zilva, Inspector of Galle Municipality, Ward No. 4, in the execution of his duty as such public servant, namely, in seizing a stray calf belonging to the accused, an offence punishable under section 344 of the Penal Code; secondly, of offering resistance to the taking of the