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WYTHILINGAM v. SADRIS el al.
P. C., Colombo, 42,386,
Tavem-^Opening it or keeping it open after hours—Liability of eachsalesman—Defence open to Mm-—Fine. ■
Each salesman who is found selling arrack in an open tavern after8 p.m. is guilty, -under section 39 of Ordinance No. 12 of 1891, ofhaving opened or kept open the tavern after hours, and is liable•to a fine of Rs. 60.. It is, however, open to the salesmen, in orderto exonerate themselves, to show that the tavern was kept openby order of a master, and that they were only servants.
^ | facts of the case sufficiently appear in the judgment.Pereira, for accused, appellants.
Cur. adv. vidt.
22nd June, 1896. Lawrie, C.J.—
Three salesmen were found selling arrack in an open tavernafter 8 p.m. Each of the three has been found guilty of havingopened or having kept open the tavern after hours, and each hasbeen fined the maximum penalty of Rs. 50.
It is contended that the keeper of the tavern is the only personliable ; that the maximum penalty is Rs. 50 ; and that if all theseaccused be guilty the fine of Rs. 50 should be divided amongthem. It is not proved that all or any one of them was in chargeof the tavern; all that is proved is that they were in it sellingirrack. They seem to be of equal authority. It has been presumedby the Magistrate (and I think the presumption was right) that itwas in their power to open or to close, and that they agreed toopen or to keep open the tavern after the hour fixed for closing.
If so, each is liable in the full penalty : the Ordinance says“ every person who,”.&c.
It was for the accused to show at the trial that the tavern waskept- open by order of a master, and that they were only servants.- They made no statements and gave no evidence to explain theirposition.
The conviction and sentence are affirmed.
WYTHILINGAM v. SADRIS et al