1926 Present: Jayewardene A. J.

SERGEANT HOOPER v. BASNAYAKE.

468-M. C. Colombo, 3,076.

Vehicles Ordinance, No. 4 of 1916-By-law made under section 32- Owners' liability for non-compliance with by-law.

Where a motor car not fitted with two independent brakes in good working order, as required by by-law 18 (10), was used on a public thoroughfare,

Held, that the owner of the car was guilty of an offence, irrespective of the liability of the driver.

APPEAL from an acquittal by the Municipal Court of Colombo.

Brito-Muttunayagam, C. C., for Crown, appellant.

R. L. Pereira. for accused, respondent.

October 5, 1926. JAYEWARDENE  A .J.-

This is an appeal by the Attorney-General against an acquittal. The accused, who is the owner of motor omnibus No. C 6088; was charged with having failed to have two independent brakes in good working order in breach of section 18 (10) of the Motor by-laws, an offence punishable under section 154 of the same by-laws.

The learned Municipal Magistrate found that the brakes were ineffective, but held that the evidence fell far short of the kind of proof that was necessary to establish a charge against the