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WICKRAMASOORIYA v. APPUSINHO.
P. 0., Balapitiya, 14,269.
Appeal—Compulation of time—Criminal Procedure Code, e. 400.
In calculating a period within which an act is required to be done,the day from or after which such period is to be commenced is excluded,and the last day of such period included.
/^~N the 23rd August, 1895, the accused was convicted. He^ tendered his petition of appeal on the 2nd September, but thePolice Magistrate refused to accept and forward it to the SupremeCourt on the ground that it was tendered a day too late.
Pereira, for the accused, moved the Supreme Court for anorder on the Police Magistrate to transmit the record of the case inappeal to the Supreme Court, in terms of section 409 of theCriminal Procedure Code. He cited Chitty's Arch. Prac., Q. B.D., vol. II., p. 1485, and Young v. Higgon, 6 M. <fc W. 49.
Cur. adv. vult.
5th September, 1895. BROWNE, A.P.J.—
When time from, after, or within a certain time of a particularperiod is allowed to do an act, the first day is excluded (Chitty'sArch. Prac., vol. II., p. 1435,14th ed.). Hence, against a convictionof 23rd August the appeal tendered on 2nd September was intime.
The motion is allowed.
WICKRAMASOORIYA v. APPUSINHO