Present; Jayewardene A.J. 1923.

POOSARI v. PERERA.

 224-P. C. Nuwara Eliya, 6,238.

Thoroughfares Ordinance, 1861-Removal of cattle from possession of licensed cattle seizer-License signed, not by Chairman, but by some other person "for Chairman "-Licence invalid.

Accused was charged under section 94 of the Thoroughfares Ordinance, 1861, with having removed a cow from the .lawful  custody of a licensed cattle seizer. The licence was signed by- Mr. S. for the Chairman of the Board of Improvement,- Nuwara Eliya. "

Held, that licence was invalid, and that accused had, therefore, not committed an offence.

Licenses of this kind must be signed by the Chairman himself, for their issue is not a ministerial matter, but his discretion has to be exercised in the choice of suitable persons as cattle seizers.

THE facts appear from the judgment.

Peri Sunderam, for the appellant.

May 15, 1923. JAYEWARDENE A.J.-

In this case the accused has been charged with a breach of subsection (2) of section 94 of Ordinance No. 10 of 1861, called the
Thoroughfares Ordinance. He is said to have removed a brown and white cow from the lawful custody of the Board of I