Inspector Joseph V. Sandanam Meenatchy

1926 Present: Jayewardene A. J.

INSPECTOR JOSEPH v SANDANAM MEENATCHY.

480-V. C. Trincomalee, 6,95l

Local Boards Ordinance, No. 13 of 1898-By-laws enacted by the Legislature-Ultra vires.-Sections 56 (5) and 58 and Schedule D.

Where by-laws are enacted by the Legislature, as a part of a Ordinance, their legality cannot be canvassed in the Courts.

AN appeal from an acquittal. The accused was charged with having exposed pork for sale, outside a public market, without a licence, in breach of by-law No. 2 framed under section 56 (5) of the Local Boards Ordinance. The Magistrate, being of opinion that the by-law in question was ultra vires, acquitted the accused.

Mervyn Fonseka, C.C., for complainant, appellant. t

October 8, 1926. JAYEWARDENE A. J.-

In this case the complainant appeals with the sanction of the Solicitor-General against the acquittal of the accused. The accused was charged with publicly exposing for sale pig's flesh or pork in Divisions Nos. 1 and 5 outside the public market at Trineo-malee without a licence granted by the Local Board in breach of by-law No. 2 framed under section 56 (5), Chapter IV., Sche

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