Attorney General V. Miranda Et Al

Present: Wood Renton J.   June.15,1911

ATTORNEY-GENERAL v. MIRANDA et al.

334-P. C. Batticaloa, 31,217.

Ordinance No. 12 of 1891, s. 13-Selling intoxicating liquor without a license-Assignment of stock by licensee to a third person-Power of attorney executed by licenses in favour of the third person-Sale of liquor by third person-Abetment.

It is an offence for an unlicensed person to sell his own liquor on licensed premises under the cloak of another licensed person.

The assignee of a licensee cannot carry on the sale of his own liquor under the license of his assignor, except in the specific cases contemplated by section 14 of Ordinance No. 12 of 1891.

Where intoxicating liquor is sold by retail by an agent on behalf of an unlicensed owner, the sale is, for the purpose of section 3 of the Licensing Act, 1872, which is almost identical in terms with section 13, sub-section (1), of Ordinance No. 12 of 1891, a sale by the owner and not the agent, and the fact that the agent who conducted the sale was licensed affords the owner no defence.

IN this case, the facts of which are fully stated in the judgment of Wood Renton J., the fir

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