C 182 )
MISKIN v. PONNIAH.
P.C., Kurunegala, 294.
Appeal—Certificate of counsel as to matter of lata stated in petition of appeal—Criminal Procedure Code! s. 840 (2)—Petition of appeal settled by counsel.
A petition of appeal (in regaid to a sentence of fine of Be. 10) whichappeared to be settled and signed by counsel, without the certificaterequired by section 840 (2) of the Criminal Procedure Code, that thematter of law stated in the petition is a fit question for adjudication bythe Supreme Court, is inadmissible in appeal.
HE accused in this case were convicted by the Police Magistrateof behaving in a riotous and disorderly manner when drunk,
under section 23 of Ordinance No. 12 of 1891, and sentenced to afine of Bs. 10 each.
They applied to the Magistrate for permission to appeal, whichwas refused.
Their counsel tendered a petition of appeal, without the necessarycertificate required by section 340 (2) of the Criminal ProcedureCode as to the fact that the matter of law stated in the petitionis a fit question for adjudication by the Supreme Court.
Rdmandtkan, S.-G., for the Crown, objected to the hearing ofthe appeal.
Domhont. for the appellant, submitted that-, as the petition ofappeal contained a statement of the matter of law to be argued, andit appeared at the foot of the petition that it was settled by counseland bore his signature.under the words “ settled by,” the certificaterequired was virtually given.
2nd December, 1902. Grenier,. A.J.—
Section 340 (2) is quite explicit as to the petition of appealbearing a certificate that the matter of law stated in the petitionis a fit question for adjudication. In the absence of such acertificate the appeal must be dismissed.
MISKIN v. PONNIAH