Present: Porter J.
DICKMAN v. RAHIM.
386—M. C. Colombo, 3,930.
Wrestling match—-Is it an acrobatic performance?
A “ wrestling match ” is not an *' acrobatic performance ”within the meaning of the expression in the by-law framed tindersections 109 (1) and 110 (15) of the Municipal Councils Ordinance,No. 6 of 1910, and published in the Government Gazette No. 6,956of July 12, 19ie.
J. S. Jayau’ardene, for appellant.
August 24,' 1922. Porter J.—
In this case the Magistrate has convicted the appellant for havingused an enclosure for the purpose of a public performance, to wit.wrestling match, in contravention of section 1 of the by-lawnframed under sections 109 (1) and 110 (15) of the Municipal CouncilsOrdinance, No. 0 of 1910, and published in Government GazetteNo. 6,956 of July 12, 1918.
■ The by-law ■ under which the accused was convicted .has 'beenheld by the Magistrate to come within the meaning of thefollowing:—“ Public performance where there shall be an exhibitionof pictures, or optical effects, by means of cinematograph, magiclantern, or other similar apparatus, or where there shall be anydramatic representation or exhibition of dancing, conjuring, juggling,acrobatic performance, or other stage entertainment in which stageeffects are used.”
The fact that the accused used a place for a wrestling contestis admitted. The Magistrate has held that a wrestling matchdoes come within the definition of “an acrobatic performance.”‘‘ Acrobatic ” is defined in the Imperial Dictionary as derived fromthe Greek word “ akrobatio ” to go on tiptoe, climb upwards.
There seems to be no analogy between ” acrobatic ” and“ wrestling.” I cannot come to the same conclusion as the learnedMagistrate has in this case. In the course of a wrestling matchcertain acrobatic attitudes are attained, but equally so at tennisor football, but that is not sufficient to bring a wrestling matchwithin the meaning of by-law of Municipal Ordinance No. 6 of 1910.Powers are given to make by-laws respecting public performances.By-laws can be made to regulate wrestling matches if theauthorities so desire, but that has not been done as yet.
I think this appeal should be allowed, and the conviction set aside.
DICKMAN v. RAHIM