027-NLR-NLR-V-07-BELL-v.-SENANAYAKA.pdf
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1H04.
Januonj j>,3
BELL i>. SENANAYAKA.
M. C., Colombo, 6,966.
Ordinance No. 16 of 1865,». 90—Disturbing repose at night—Causing another to makea noise.
A leasee of a plumbago store, whose workmen disturbed the repose ofthe inhabitants of the neighbourhood during night by coopering barrels,is not liable under section 90 of the Ordinance No. 16 of 1865 unless hewas present at the place where the men were working.
T
HE facts of the case appear iii the following judgment of theChief Justice.
Jayawardene and Wijeyekoon, for appellant.
25th January, 1904. Layard, C-.j.—«
*
In my opinion this conviction cannot stand. It proceedson the ground that the accused, being the lessee of thepjumbAgo stores situate in premises G 0, caused the coopering ofbarrels in the‘said plumbago shed during night time, afid therebymade such a noise as ’to disturb the repose of the inhabitants of thelocality, in breach ‘of section 90 of Ordinance No. 16 of 18&5.' Theprovisions of this section appeal- to me, to apply only to personswho themselves make a noise in the night so as to disturb the reposeof the inhabitants, but do not apply to pfersons who may employworkmen to work on. their premises during the night, even if the
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workmen in carrying on their work make such a nSise as to dis- 1904.
turb the repose of the inhabitants. It may be that the workmen January 25.
who actually made the noise are liable to be prosecuted under Lavabd, CJ.
section 90 of Ordinance No. 16 of 1865. I however can find nothing
in that section which renders a person liable to prosecution for
causing other persons to make such a noise as to disturb the
repose of the inhabitants of the locality. I understand in this case
that, when the noise was made, the accused was not actually
present at the place where the workmen were working on the
night in question, and it may be in view of the judgment of the
Full Court cited to me (9 S. G. C. 53) if he had been, .that he would
have been liable under this section. In my opinion the conviction
cannot stand. It must be set aside and the accused acquitted.
If the causing of persons to make such a noise as to disturb therepose of the inhabitants of a locality is to be deemed an offence,it is for the Legislature to so expressly provide. This Court cannotextend the operation of the law as it at present stands.