Present : Dalton J.

EMBULDENIYA v. PALIPANE.

Kurunegala, 27,810.

    Vehicles Ordinance-Overloading a motor omnibus-Liability of owner- Validity of by-law-Ordinance No, 4 of 1916, s. 18.

A motor omnibus is a motor car within the meaning of by-law 2(a) made under the provisions of section 18 of the Vehicles Ordinance.

The by-law 2 (6), which makes the owner liable equally with the driver for the act of the latter in exceeding the maximum number of passengers which a motor omnibus is licensed to carry, is valid.

APPEAL from a conviction by the Police Magistrate of Kurunegala. The accused was charged, as the owner of a motor omnibus, with having overloaded the omnibus in breach of by-law 2 (b) made under the provisions of section 18 of the Vehicles Ordinance, 1916. It was admitted that the omnibus was licensed to carry passengers and was the property of the accused, and that the driver had carried more than the licensed number of passengers without the knowledge of the accused. The accused was convicted, and he appealed from the conviction on two grounds :-

(1) That a motor omnibus is not a motor car ;

(2) That the by-law is ultra