Present: De Sampayo J. and Schneider A.J.

 BURNE v. MUNISAMY

650-P. C. Kalutara, 50,525

Calendar month-Notice of    intention    to   quit   service--Ordinance    No.    IX    of 1865-Computation  of   time.

Under Ordinance No. 11 of 1865 a labourer can give on any day of the month notice of his intention to quit at the end of a month from the day of such, notice.

Where such notice was given by a cooly on June 11, it was held that the calendar month expired at midnight on July 11.

THIS case was referred to a bench of two Judges by Loos A.J. The following is his judgment: -

The accused was convicted of having quitted the service of the Superintendent of Miriswatta estate without leave or reasonable cause, under the provisions of section 11 of the Ordinance No. 11 of 1865.

On June 11, 1919, a notice was received by the complainant from the accused and several other coolies of the estate that they will quit his service on the expiration of one month from that date, and on July 11, 1919, at 6.15 a.m., the accused quitted the estate.
It was contended on behalf of the accused-appellant that one calendar month had expired, and that he was,