1937   Present :  Soertsz J.

SCHOKMAN v. NADAR.

 180-M C. Colombo, 10,306.

Milk-Sale of milk deficient in fat-Liability of dairyman-Ordinance No. 8 of 1901, by-law 4a.

The dairyman as well as the vendor are liable under by-law 4A of Ordinance No. 8 of 1901, for the sale of milk deficient in fat.

APPEAL from a conviction by the Municipal Magistrate of Colombo.

Elliot, K.C. (with him A. F. Goonesekera), for second accused, appellant.

C. Nagalingam, for complainant, respondent.

Cur. adv. vult.

June 4, 1937. SOERTSZ J.-

The accused appellant was charged under by-law 4A of the by-laws made under Ordinance No. 8 of 1901, and published in Government Gazette No. 7,654 of July 13, 1928.

It is admitted that the milk was deficient in fat. But Mr. Elliot argued (a) as a matter of fact, that the milk came from cows belonging to the first accused and not to the appellant. The only connection the appellant had with these cows was that they were stalled in his dairy, the owner paying him a certain sum monthly on account of stall hire, (b) as a matter of law; that assuming the accused-appellant was the owner of these cows, still it was the actual vendor