Present: Schneider J.

SILVA v, APPUHAMY et al.

522-P. G. Gampola, 11,954.

    Vehicles Ordinance-Distress warrant for non-payment of hire-Neglect or refusal to pay-Wrongful issue of warrant-Magistrate's power-Irregular affidavit-Ordinance No. 4 of 1916, s. 49.

A distress warrant to recover payment of a sum due for the hire of a vehicle can issue under section 49 of the Vehicles Ordinance only upon the refusal or neglect of the defaulter to pay the sum after it has been awarded by the Court.

A Magistrate has power to recall a warrant that has been irregularly issued.

APPEAL from an order made by the Police Magistrate of Gampola.

The proceedings in the case were initiated by an affidavit from a person who styled himself complainant. Three persons were named as accused in the caption to the affidavit, which stated that a sum of Rs. 194 was due to the complainant for the hire of a vehicle to the accused who had failed and neglected to pay the sum. On the affidavit being filed, the Magistrate directed the issue of a distress warrant returnable on August 27, 1925,

On August 18 a Proctor filed an affidavit from the first accused to the effect