Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Wood Renton.

HORTIN v. MOOKEN.

P. C, Panwila, 19,843.

Notice of intention to determine contract of service-Letter by proctor- Delivered by cooly in person- " Personally signify "-" Employer "-Ordinance No. 9 of 1909, s. 20.

A cooly who, in the absence of the Superintendent, delivered in person to the Assistant Superintendent, who was the chief person in charge of the estate during the Superintendent's absence, a letter written and signed by his proctor giving notice of his intention to determine his contract of service, was held to have " personally signified " his intention within the meaning of section 20 of Ordinance No. 9 of 1909.

THE facts of the case are fully set out in the judgments. The case was first argued before Grenier J., who referred the case to a Bench of two Judges.

H. A. Jayewardene, for the accused, appellant.-The notice written and signed by the proctor is notice by the cooly himself, and not by " any other person " on behalf of the cooly. Even if the notice be deemed to have been given by some " other person " on behalf of the cooly, the cool