By Adjournment Thursday 14 Janry 1762 .

Quaries with Council's
opinion upon a Clause in
an Act of 26. Geo. 2d.
for punishing Victuallr
suffering gaming.}

Case.- 26 Geo 2 Ch. 31. & 7. Enacts that any Justice of the
peace of any County Etc. wherein such Licence [Ale Licence]
shall be granted, upon Complaint or information that
such Licensed person hath done or Committed any Act Offence
or Misdemeanour, whereby in the Judgment of the said Justice
such Recognizance may be forfeited or the Condition thereof broken
may by sumneous under his Hand and Seal require such
person to complain'd of, or informed against, to Appear at the
next General or Quarter Session of the peace for the said County
then and there to answer to the Matter of such Complaint or
Information; and also may bind over the person or persons who
shall make such Complaint or Information or any other person
or persons, in a Recognizance to appear at such General or
Quarter Session and give Evidence against such person to com-
plained of or informed against. And the Justices of the peace
in their General or Quarter Sessions shall have power to direct
the Fury which shall attend at such Sessions for the Tryal
of Traverses or some other Jury of twelve honest and sub-
stantial Men, to be then and there impanelled by the Sheriff
without Fee or reward to Inquire of the misdemeanour char-
ged in the said Complaint or Information; And if such Fury
shall find that the person so complained of, or informed
against hath done any Act whereby the Condition of his
Recognizance is broken such Act being specified in such
Complaint or Information, it shall & may be lawful for, the
Court as such General or Quarter Sessions to Adjudge such
person guilty of the breach of such Recognizance Etc.

1 Quare

If the Information or Complaint before the Justice must
be upon Oath; As the Statute does not expressly require it.

S.

Thos the Statute, which in many parts of it is very inacurately
dream, has not required the Complaint before the Justice, to be in Wri-
ting nor has anywhere empower'd the Magistrate to Administer,
such Oath Yet from the nature of the Thing and the end & design
of the proceeding before the Justice I think to Information ought
to