Present: De Sampayo J.

WICKERAMASURIYA v. GUNARATNE.

776 P. C. Kalutara, 44,552.

    Housing and Town Improvement Ordinance, No 19 of 1915, s. 15 (1)- Allowing a building constructed in part before the Ordinance came into force to be occupied before obtaining a certificate.

The accused obtained permission- under the Local Boards Ordinance, 1898, for the erection of a block of buildings, and partly completed the same before the coining into operation of the Housing and Town Improvement Ordinance, 1915. He was charged with  having allowed the building to be occupied without obtaining a certificate from the Chairman, as provided by section 15 (1) of the Ordinance.

Held, that section 15 (1) did not apply to such a building, and that the conviction was bad.

THE facts are set out in the judgment.

Weeraratne, for accused, appellant.-Section 15 of Ordinance No. 19 of 1915 applies only to buildings constructed under that Ordinance. The Ordinance does not have any retrospective effect. Sanction for building was given under the Local Boards Ordinance before the Housing Ordinance came into force. All the conditions attached to that permi