1916 Present: De Sampayo J.

BURMESTER v. MUTTUSAMY.

573 and 574-P. C. Gampola, 9,637.

Unlawful gaming-Coolies playing cards for money in verandah of cooly lines-Is it a place to which " public " have access?

Four persons were found playing cards for money in the verandah of a set of cooly lines on an estate, where some 500 coolies worked.

Held, that as persons not employed on the estate had no access to the place, it was not a place to which the public had access within the meaning of the Gaming Ordinance, 1889.

THE facts are set out in the judgment.

F. J. de Saram, for first and fourth accused, appellants.

July 5, 1916. DE SAMPAYO J.-

The first and fourth accused appeal from a conviction under the . Ordinance No. 17 of 1889 for unlawful gaming. In the formal conviction the offence is laid under section 5 of the Ordinance, which is evidently a mistake for section 4. The appellants and two other labourers on Choughleigh estate were found playing a game of cards for money in the verandah of a set of lines. The Police Magistrate has rightly stated the question in the case to be whether this is a place to which the " public " have ac