case the king against gage if a statute authorize a justice of the peace to  convict on the oath of one or more credible witness or witness and enact that  the person so convict shall be liable to such a penalty a conviction on the  confession of the party be good S c stram a motion to quash a conviction for  keep a greyhound and kill four hare for which offence the forfeiture be five  pound if not qualify modern report er p the case be thus the statute whether c  direct modern report that if any person or person not qualify by the law of  this realm so to do shall keep or use any greyhouds c to kill and destroy the  game and shall be thereof convict upon the oath of one or two credible witness  by the justice or justice of the peace where such offence be commit the person  or person so convict shall forfeit the sum of five pound c in this case the  man be convict upon his own confession which be not within the statute and for  that reason if the justice of the peace have see he kill a bare he can not  have convict he upon his own view because that be not such a conviction as be  require by this statute and he have no power in this case but what he derive  from thence therefore the act ought to be pursue and especial where it be  penal as this be where the forfeiture relate to the conviction and if it be  not upon oath as the statute direct then nothing be forfeit it be true if this  be a offence at commonlaw it may be otherwise but be make so by a particular  Act of parliament the method of conviction must be pursue as therein direct it  be like the case of remove a poor man to the parish where he be last legal  settle which by the statute be direct to be at the complaint of the  churchwarden and overseer of the poor c now if all the rest of the parish  shall complain to the justice and not those parishofficer it will not justify  their make a order to remove the man because the statute direct that it must  be make upon the complaint of the churchwarden and overseer of the poor on the  other side it be argue that the confession of the offender be within the  intention though not within the letter of the statute for the chief end of  that law be to give jurisdiction to the justice of the peace now the  confession of the party be the strong evidence against himself therefore where  a justice of the peace convicts a offender upon a better and strong evidence  than require by the statute such conviction must be good especial since the  Act be only directory videlicet that the justice shall not convict without  good evidence as where a statute direct that a promissory note shall be  Payable to one or his order yet where it be make Payable to one alone without  the word order it be hold good and within the statute by the opinion of three  judge this be a good conviction for it be plain that the defendant be guilty  of the offence and if his confession have be make anywhere else and not to the  justice of the peace yet if such confession have be prove the justice may have  convict the offender now here be a strong evidence of his gild than require by  the statute and therefore his conviction shall be good modern report if a man  come into court and confess himself guilty of high treason such confession be  good against he and even in penal law the intention of the legislator be the  best method to construe the law now the intention of this statute seem to be  not in what method or manner of proof the offender shall be convict but that  the conviction shall be on good proof and a better can he have than the  confession of the party against himself the legislator can not foresee all the  case which may happen upon this law therefore the conviction on oath be only  directory to the justice of the peace and by the civil law no man be to suffer  without confess the crime of which he be accuse so this conviction be affirm  Eyre justice in the case of the king v SimpsonGilb case Mod Sess case stram a  for deerstealing upon will mary c where the defendant make default and do not  appear he be convict and it be adjudge a good conviction though that Act do  not express give authority to convict upon default by the statute car c he who  keep a greyhound not be qualify be punishable and the conviction be to be by  oath or confession of the party which statute be confirm by this of whether c  so that these law shall both stand together now the statute of whether c have  direct that the conviction shall be upon oath whereas the other be by  confession or oath it seem that the legislature by this last Act intend that  the manner of conviction by confession shall still be on the statute car c and  not on the statute whether c for by that statute the conviction be to be upon  oath and if a modern report er p man may be convict on this last Act on his  own confession there have be no occasion to confirm the statute car c per  curian Eyre justice debitant let the conviction be confirm