1935   Present: Soertsz A.J.

DOOLE v. ZUBAIR.

202-P. C. Kegalla, 26,351.

Motor omnibus-Carrying goods in excess of limit prescribed by licence- Liability of conductor and not the driver-Motor Car Ordinance, No. 20 of 1927, s. 62 1).

The conductor of an omnibus and not the driver is liable for carrying goods in excess of the prescribed limit under rule 6 (3) of the rules in Schedule IV of the Motor Car Ordinance.

APPEAL from a conviction by the Police Magistrate of Kegalla. The accused was charged, as the driver of a motor lorry, with carrying goods in excess of the prescribed quantity in breach of section 62 (1) of the Motor Car Ordinance, No. 20 of 1927.

J. R. Jayewardene, for accused, appellant.-The accused is the possessor of a motor omnibus licence. He is the driver of the omnibus. Schedule IV of the Motor Ordinance, section 6 (3), makes the conductor and not the driver liable for carrying goods in excess of the licence. There is reason for this. An omnibus is permitted to carry goods up to a certain weight. These goods may be the goods of the passengers who get in at the various halting places. The driver will not be able to control th