Read the following excerpt from a US court opinion:
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before magistrate or justice of peace “without any reference to the act for trial of small causes in this colony”). As the preceding statutes indicate, in colonial New Jersey, as in England, certain forfeiture and penalty proceedings to enforce police statutes and to punish minor criminal offenses, such as violations of the fish and game acts, proceeded before justices of the peace without juries. See Greely v. City of Passaic, 42 N.J.L. 429, 431 (E. & A. 1880) (noting that “[Pjarliament conferred upon the [justice of the peace] certain judicial functions, as a means of enforcing the game acts” by “a summary proceeding, technical in character, of a quasi-criminal nature, and totally unlike an action at law”); State v. Lakewood Mkt. Co., 84 N.J.L. 512, 523, 88 A. 194 (Sup.Ct.1913) ; Carter Bros. v. Camden Dist. Court, 49 N.J.L.
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What is the most suitable continuation to the opinion? Your options are:
A. holding denial of jury trial was harmless because evidence was insufficient to create issue of fact for submission to jury and insurer would have been entitled to directed verdict
B. holding that penalty action instituted pursuant to fish and game procedure act of 1897 did not include jury trial because it has been repeatedly held in this state that in a summary procedure for the collection of a penalty for violation of a police regulation neither party is entitled to a trial by jury
C. holding no right to jury trial in action to recover penalty for violation of 1882 act to prevent the adulteration and to regulate the sale of milk
D. holding that jury trial not required before imposition of penalty for selling intoxicating liquors contrary to city ordinance reasoning that prior to 1776 the legality of convictions before magistrates for petty offenses and for violations of police regulations without trial by jury was unquestioned
E. holding that the penalty is applicable
Reply with [A, B, C, D, E] only.