1918.       Present: De Sampayo J.

SARAM   v.   SENEVIRATNA.

502-P. C. Colombo, 15,045.

Criminal Procedure Code, s. 105-Public nuisance - " Trade or occupation injurious to the health or physical comfort of the community. "

The accused was the proprietor of an oil store where coopering was carried on. The noise created by' the constant hammering on barrels affected the whole neighbourhood.

The Police Magistrate, acting under Chapter IX. of the Criminal Procedure Code, ordered the accused to abate the nuisance.

Held, that the Magistrate was right in acting under Chapter IX.

" A nuisance which affects only those living in the neighbour­hood, and not necessarily the public in general, may be the subject of proceedings under this chapter."

THE facts appear from the judgment.

Bawa, K.C. (with him Goonetilleke), for accused, appellant.

R. L. Pereira, for complainant, respondent.

July 4, 1918.   De Sampayo J.-
The appellant is the proprietor of an oil store at Charles place, Colpetty, where coopering is carried on during the day, and sometimes also at night. The noise created by the constant hammering on barrels is calculated to injure