Present : Schneider J, 1922.

INSPECTOR, SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, NAWALAPITIYA, v. PUNCHIRALA et al.

P. C. Gampola, 4,579.

Cruelty in animals-Killing wild elk in a cruel manner-" Animal "-

Where a number of people chased a wild elk which had not been previously captured, and killed it in a cruel manner-

Held, that they were not punishable under the Cruelty to Animals Ordinance. 1907, as the wild elk was not an " animal" within the meaning of the term in the Ordinance.

THE facts appear from the judgment.

Navaratnam, in support.-The term "animal is defined in section 8 of Ordinance No. 18 of 1907 as any domestic or captured animal. The evidence shows that the elk in question was a wild animal. The conviction tinder section 0 is therefore bad.

June 7, 1922. SCHNEIDER J.-

The fifth and eighth accused, who have, been convicted and fined Rs. 20, bring up these proceedings by way of revision. The application for revision was made on the ground that the facts did not justify the conviction, but counsel who appeared in support of that application has urged that the conviction is bad inasmuch as the animal, in