052-NLR-NLR-V-24-NAIR-v.-MALLIS-APPU.pdf
( 182 >
1922.
Present Porter J.
t
NAIR i>. MALLIS APPU331—P. C. Badulla, 1088.
a
Leaving cart on* the – grass by the road side—Road includes reservation-—Thoroughfares Ordinance, No. 16' of 1865, s. b3.
t*The leaving of a cart on the grass by the side of the road longerthan is required for loading- and unloading, &c., is an offencepunishable under section 53 (3) of Ordinance No. 16 of 1865.
The term “ road '* includes land adjoining the road which wasreserved for its protection and benefit.
T HR facts appear from the judgment.
Vythialingam, C.C., for Crown,, respondent.
July 25, 1922. Porter J.- *
This is an appeal by the Crown against an acquittal by the Police•Magistrate of BAdnlla. The accused was charged with cm offencepunishable under section 53 (3) of Ordinance No. 16 of 1865. Thecharge was that he did leave his double-bullock cart on the side ofthe public road longer than is required for loading and unloadinggoods,, or for taking up or setting down passengers, and therebycommitting an offence. The learned Magistrate after .hearing thecomplainant whose evidence was to the effect that on March 5 atabout 2 a.m. he saw the accused’s cart halted near the bund ofthe road leading to the railway station. The cart was empty andthe bulls had been unyoked. The cart was on the grass by theside of the road, and was not on the road itself. On thisthe learned Magistrate says:” On complainant’s* own statement,
I discharge the accused. The reservation is not a part of the publicroad intended for traffic, and accused cannot, therefore, be chargedwith obstructing the same, obstruction being the essence of thisprosecution.”
The learned Magistrate’s attention was not apparently drawn tothe definition of the word ” road.” The word ” road ” by section4 of Ordinance No. 10 of 1861 shall include-
(o) AH public carriageways, cartways, and pathways, as well asall bridges, drains, and embankments, causeways, andditches, belonging or appertaining to a road ;
({>) All land adjoining any road which has been reserved for itsprotection or benefit ;
(c) All land which has been marked off and reserved 'for theconstruction of any road.
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That is quite sufficient,.I think, to iuciudc the grass bund on whichthe accused’s cart was standing. I therefore set aside the orderdischarging the accused, and send it back to the Magistrate for trial.
Set aside.
1982,
Porter J,
Nair v.Malts Appu