Thomson J:

This is an appeal from the Magistrate's Court at Teluk Anson. The appellant was convicted of assisting in carrying on a public lottery in contravention of s. 4(1)(c) of the Common Gaming Houses Ordinance and was fined $1,500 or six months imprisonment in default of payment. Against that conviction and sentence he has now appealed.

There has at no time been any material dispute as to the facts of the case.

During the morning of 10 March 1956, police officers entered a shop in Teluk Anson which belongs to a partnership of which the appellant is a member and in connection with which he acts as cashier. The appellant was found sitting at a small counter at the back of the shop. In front of him was a small notebook containing 50 sheets of smooth paper and 50 sheets of rough paper bound alternately, the sheets of smooth paper being perforated near the binding so as to permit easy removal. Nothing was written on any of these sheets. In, a waste-paper basket beside the appellant was found a Day Book of the type commonly used in shops which was completely filled with entries relating to trade transactions which had clearly been transferred to other books of account and i