1926 Present: Dalton J.

DE JONG v. KANDAPPA.

419-M. C. Colombo, 1,380

Vehicles Ordinance-Order for payment of hire-No appeal-Ordinance No. 4 of 1916, s. 49.

No appeal lies from an order made in a proceeding under section 49 of the Vehicles Ordinance to recover a sum of money due for hire of a vehicle.

APPEAL from an order made by the Municipal Magistrate of Colombo under section 49 of the Vehicles Ordinance for the payment of a sum of money as hire for a motor car due by the appellant to the complainant.

Weerasinghe, for appellant.

Garvin, for respondent.

September 14, 1926. DALTON J.-

A complaint was lodged by the respondent to this appeal against the appellant that the latter, who is termed the " accused," omitted to pay to him or to his driver the sum of Rs. 58.10 motor car hire, and

that he "did thereby commit an offence punishable under section 49 Ordinance No. 4 of 1916 (the Vehicles Ordinance)." In the words of the record of the Municipal Magistrate, in whose Court the complaint was heard, the verdict was " Guilty, " and the sentence as follows: -

"I. order the accused to pay the sum of Rs. 58.10 and costs, which latter I fix