Jansen V. Sanitary Inspector

1954 Present: Gratiaen J.

T. O. D. JANSEN, Appellant, and SANITARY INSPECTOR,
DEHIWELA-MT. LAVINIA U. C, Respondent

S. C. 435-M. C. Colombo South, 43,471

Dangerous or offensive trade-Requirement of licence-By-laws-Local Government Ordinance (Cap. 195), ss. 164, 168 (10) (k)-Urban Councils Ordinance, No. 61 of 1939, s. 248.

By-law 1 made by an Urban Council under section 168 (10) (k) of the Local Government Ordinance declared the manufacture of tiles or bricks to be included within the category of " dangerous or offensive trades ". By-law 2 prohibited the carrying on of a " dangerous or offensive trade without an annual licence which the Chairman shall issue to all persons complying with the conditions provided for the issue of such licences ". There were, however, no by-laws prescribing the conditions applicable to the manufacture of tiles.

Held, that the requirement of a licence under by-law 2 could not be said to apply to the trade of manufacturing tiles unless and until " the conditions provided for the issue of annual licences " for that particular trade were duly prescribed.

APPEAL from a judgment of the Magistrate's Court

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