083-NLR-NLR-V-21-ERNEST-v.-AHAMADU-LEBBE.pdf
(.248 )
1919.
Present : Ennis A.C.J.
EKNEST v. AHAMADU LEBBE.
556—M. C. Colombo, 1,611.
Exposing goods over a public drain—Markets—Immemorial customr-
Prescription.
A person cannot byimmemorial use acquire a prescriptive right
to expose his goods tor sale outside his shop over the drain by theroadside.
facts appear from the judgment. (
St. V. Jayawardene, for appellant.—This right to exposegoods for sale on the roadside has been in existence long beforethe Municipal Councils Ordinance. This practice has gone onfor more than fifty years without inconvenience to any one. Statutesgiving local authorities control over streets do not affect pre-existingmarket rights. 16 Hals. 46; A. G. v. Homer;1 Stepney Cor-poration v. Gingell,2 [Ennis J.—This is not a market.] This hasbeen converted into a market by immemorial use. “ Market is apublic time and appointed place of buying and selling ” {Stroud).No claim is made to the land, but only a right to expose the goods.This custom existed when the Municipal Councils Ordinance wasintroduced, and no provision is made in this Ordinance regulatingthis custom.
F. de Silva, for respondent', not called upon.
August 19, 1919. Ennis A.C.J.—
This is an appeal from a conviction under section 156 of theMunicipal Councils Ordinance, No. 6 of 1910. The appellantclaims a right by immemorial custom to expose his goods for saleoutside the shop over the drain by the roadside. It was contendedon appeal that this was a right of market, and that statutes givingthe local authorities control over the streets do not in general affectpre-existing market rights. I am quite unable to see how' this can becalled in any way a right of market. It is a claim by an individualto exercise a private and exclusive right over a public street, and,as the learned Judge observed, such a private owner would beconsiderably surprised to find the strip of road alongside his houseused by the public as a market. The cases cited in support of theproposition enunciated by counsel for the appellant do not applyin this particular instance.
I dismiss the appeal.
Appeal dismissed.
1 188S) 11 App. Cases 66.
* (1908) 1 K. B. US, affirmed in (1909) A. C. US.