ABU BAKER Vs. MUNICIPALITY OF NEGAPATAM

JUDGEMENT

(1.) THE convictions in these oases are clearly sustainable. THE place where the fish or mutton was sold was originally a recognized market. It was closed under orders in 1888. No license having since been granted for the use of the place as a market, the sales conducted by the accused, in respect of which the charges are made, are punishable under Section 197 of the District Municipalities Act, if the use of the place which is private property was as a market, i.e., as a public place for buying and selling, such being the meaning of the term "market" in law (see Bouvier's Law Dictionary, volume II, p. 316). Even if it were otherwise, the accused were guilty of an offence under Section 194, Clause (2), of the Act as they without license sold "flesh" or fish "intended for food." THE petitions are dismissed.