T.yat.t.Grant J.
Duckworthv, AbdulAziz
( 272 )
proceeded to make farther order for the completion of the work bySeptember 22. On September 22 no charge was framed, but theSanitary Inspector was present and gave evidence and stated thatthe accused had not done ail that he wasrequired to do by the notice.The accused also gave evidence and admitted that he had not done' anything more since the 18th. /.The accused was thereupon foundguilty and fined Bs. 25, and in default 3 weeks' rigorous imprison-ment. The Magistrate then said -that the case was to be calledagain on October 6, for the accused to finish the drain and otherrepairs as required.
The learned Magistrate has evidently treated the failure tocomplete the work as a continuing'offence, and apparently takesup the attitude that upon the original charge he can bring theaccused up and fine him from time to time until the work is completed.There was no appearance for the Sanitary Inspector in appeal, and.I have not had the benefit of any argument on his behalf. I find itdifficult, however, to discover what justification the Magistrate hasfor pursuing this course against the accused. The penal section ofthe Local Sanitary Bates Ordinance, No. 18 of 1892, under whichaccused is punishable, is section 9 K. That section reads that “ ifany person without lawful authority or excuse (proof whereof shallbe on him) contravenes any regulations made under the Ordinance,or does or omits to do anything which under the provisions of thisOrdinance or of any regulation made thereunder he ought not to door omit, he shall be guilty of an offence and punishable with finewhich may extend to Bs. 50, or in default of payment of such finewith imprisonment, simple or rigorous, which may extend to onemonth.” In the absence of any citation of authority to supportthe line of action which has been taken by the Magistrate, I am ofopinion that this section only justifies the Court in proceedingagainst the accused once upon any one charge, and that when theCourt has found the accused guilty on a charge and hap sentencedhim the case is at an end, and that the Court cannot bring him upsubsequently upon the same charge and inflict a further penalty.
Any subsequent failure to complete the work must be thesubject of a fresh charge.
The proceedings of the Court after September 8 are set aside.
Set aide.