Sept.12,1910 Present : Mr. Justice Middleton.

TAMBY v. UKKU BANDA.

P. C, Gampola, 2,685.

Unlawful gaming - Common gaming place - Proof - Definition of " gaming " under Village Committee rules.

It is open to people to play games of chance for money at their own houses provided the house is not used as a common gaming place, or is not a place to which the public has access whether as of right or not. Where there is no warrant issued under the Gaming Ordinance strict proof should be adduced on the part of the prosecution to show that the act charged is one which is an offence under the Ordinance.

The use of a place on one occasion only would under certain circumstances eititle a Court to say that it is a common gaming place; but there must be some evidence, apart from the fact that it was used once for playing games for stakes, which shows that it was in fact a common gaming place.

THE facts are set out in the judgment

Bawa, for the appellant.

No appearance for the respondent.

September 12, 1910. MIDDLETON J.-

In this case the accused has been convicted, under section 4 of Ordinance No. 17 of 1889, of unlawfully gaming with cards for