
    *The Commonwealth v. John Maddox.
    Gaming — Information Not Necessary for Trial — Case at Bar. — A tavern-keeper who is presented for suffering Paro and Loo to be played at bis bouse may be tried on tbe Presentment alone, without any Information : and if be refuses to answer to tbe Presentment, judgment by default may be • rendered against him.
    A Presentment was found against the defendant in the words following: “Commonwealth of Virginia, to wit: We qf the Grand Jury, impanelled, sworn, and charged for the county of Fairfax, in the third Judicial Circuit, on our oaths present John Maddox, being a tavern-keeper, for suffering unlawful gaming at his house within the county of Fairfax, to wit: the game of Faro, and the game of Eoo, within twelve months last past, on the information of J. F. and J. R. witnesses sent to the Grand Jury by the Court.” The defendant being summoned, appeared, but refused to plead to the Presentment, alleging that he could not be required to plead ’till an Information was regularly filed against him, but the Attorney for the Commonwealth insisted that the defendant should be put to his- plea on the Presentment, and that no Information was necessary, and that unless the defendant would forthwith plead, judgment should be rendered against him by the Court for the fine of $150 and the costs. The Judge adjourned the question to the General Court.
    
      
      See monographic note on “Gaming” appended to Neal v. Com., 22 Gratt. 917; monographic note on “Indictments, Informations and Presentments” appended to Boyle v. Com., 14 Gratt. 674.
    
   PER CURIAM.

“This Court, by the unanimous opinion of the Judges present doth decide, that it is not necessary that an Information should be filed upon the Presentment in the record of the said case set forth, but the said defendant is bound to plead thereto forthwith, and that if he will not do so; judgment ought to be rendered against him for $150 and costs.”

Note (in edition of 1853). — This mode of proceeding was directed by tbe Act of 1802. See 2 Rev. Oode of 1808, cb. 15, § 2 and 3; incorporated into 1 Rev. Oode of 1819, cb. 147, § 20 and 21. Tbe fine of $150 on any person wbo permits the game of Faro, &c. at Us Rouse, &c. 1 Bev. Code of 1793, ch. 231, § 3. Tie same law as to suffering' Billiards, incorporated into 1 Bev. Oode of 1819, ■ch. 147, i 13; hut with respect to Faro, now much more severe. Ib. 117, Acts of 1832, ch. 32.  