Present: Pereira J.

DISSANAYAKE v. FERNANDO.

Unlawful gaming-Common gaming place-Place used for cockfighting.

A place kept or used for cockfighting and to which the public have access is a common gaming place, although in the definition of " common gaming place " in the Gaming Ordinance, 1889, there is no mention of cockfighting.

THE facts appear from the judgment.

A St. V. Jayewardene, for the accused, appellant. -The evidence is not sufficient to show that the accused's garden was used as a common gaming place. The presumption under section 10 does not arise here, as the place was not searched under a warrant.

" Common gaming place " has been defined in the Ordinance as any place kept or used for betting or the playing of games for stakes, and to which the public may have access with or without payment. The definition makes no mention of cockfighting.

The definition of unlawful gaming includes cockfighting; but the definition of common gaming place does not include cockfighting, It is clear that the Legislature did not intend to punish a person for keeping a place for cockfighting, though it thought it desir