Ferdinands V. Usoof Saibo

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice.

FERDINANDS v. USOOF SAIBO.

M. C., Kandy, 15, 976.

Bakery-Place used as a bakery-" Place "-Costs in criminal appeals-Municipal Councils' Ordinance (No. 7 of 1887), s. 122. A by-law enacts as follows: -" No place used as a bakery shall be used as a dwelling-place or for any other purpose whatsoever, " Held, that the word " place" meant only the building and grounds actually used as a bakery, and did not include other portions of the same building.

APPEAL by the Municipal Council from an acquittal of the accused by the Police Magistrate (T. B. Russell, Esq. ). The facts sufficiently appear in the judgment.

H. J. C. Pereira, for the Council (appellant).

H. Jayewardene, for the accused, respondent.

January 19 and 21, 1909. Hutchinson C. J. -

I think the decision of the Magistrate is right. The accused was charged with breach of a by-law made under section 122 of Ordinance No. 7 of 1887. No copy of the by-laws is before me, and I have not seen any of them, except the one in question, which runs as follows: - " No place used as a bakery shall be used as a dwelling-place or for any

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