Vanderstraaten V. Narayanaswamy

1932 Present : Macdonell C.J. and Garvin S.P.J.

VANDERSTRAATEN v. NARAYANASWAMY.

39-P. C. Matale, 4,968.

Motor car-Cab licensed to carry passengers-Used for conveying mails- Infringement of licence-Ordinance No. 20 of 1927, ss. 30 and 31:

It is an offence to use a motor cab licensed to carry passengers for conveying mail bags.

CASE referred by Akbar J. to two Judges. The accused, the driver of a motor cab licensed to carry passengers, was convicted of a breach of section 31 of the Motor Car Ordinance in that he used the car in contravention of the conditions inserted in his licence, to carry mailbags.

It would appear that the accused carried a few mail bags on behalf of the owner, who had a contract with the Postmaster-General for the carriage of mails.

E. Navaratnam (with him C. T. Olegesagaram), for accused, appellant.-

There is no provision in the Ordinance which accused has contravened. There is no express prohibition against carriage of goods in hiring car.

In case of omnibuses there is express provision made for carriage of goods. There is no such provision in case of hiring car.

Section 31 does contemplate the

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