or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing or publishing, or shall directly or indirectly offer to prevent the printing or publishing, of any matter or thing touching any other person, with intent to extort any money or security for money, or any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, every such offender, on being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years: Provided always, that nothing herein contained shall in any manner alter or affect any law now in force in respect of the sending or delivery of threatening letters or writings." VI. Forms. The warrant in the case of Butt v. Conant, (1 B. & B. 548; 4 Moore, 195, S. C.), ante, 1210, dated 6th March, 1817, at the public office Bow-street, was directed" To all constables and others his Majesty's officers of the peace, whom it may concern," [commanding them to take and bring before the defendant, or some other of his Majesty's justices of the peace, the body of the plaintiff],"to answer all such matters or things as, on his Majesty's behalf, shall on oath be objected against him, for that he, on the 5th March instant, did publish, and cause to be published, a certain wicked, scandalous, and malicious libel, imputing the crime of robbery to Edward Lord Ellenborough, Lord Chief Justice of his Majesty's Court of King's Bench; and another wicked, scandalous, and malicious libel, imputing to Robert Henry Lord Castlereagh, that he had stated a gross falsehood to the House of Commons, to answer his own purposes; and to the said Edward Lord Ellenborough, that he had unjustly convicted the plaintiff, to make money of him; against the peace of our said lord the King, his crown and dignity." See forms as to blasphemous libels, tit. "Blasphemy," Vol. I. Commencement as usual, ante, p. 54, (No. 1).]—on the day of A. D. (2). Commitment libel. at the parish of in the said county, wickedly, maliciously, and for a seditious seditiously did write and publish a certain false, wicked, malicious, scandalous, and seditious libel of and concerning our sovereign lady the now Queen and her government. And you, the said keeper, &c. [Conclude as usual.] Commencement as usual, ante, 54, (No. 1).]—on the day of , A. D. (3). Commitment words. at the parish of —, in the said county, wickedly, maliciously, and sedi- for seditious tiously, in the presence and hearing of divers liege subjects of our sovereign lady the now Queen, did publish, utter, pronounce, and declare certain scandalous, wicked, malicious, and seditious words, of and concerning our said lady the Queen and her government. And you, the said keeper, &c. [Conclude as usual.] The jurors for our lady the Queen upon their oath present, that A. O., late of the parish of · -, in the county of [gentleman], not having the fear of God before his eyes, but moved by the instigation of the devil, and falsely and maliciously contriving and intending to bring our said lady the Queen into hatred and infamy amongst her subjects, and to move sedition amongst the subjects of our said lady the Queen, did, on the day of- in the year of the reign of our lady the now Queen Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, falsely, seditiously, and maliciously write and publish, and cause to be written and published, a certain false, seditious, and scandalous libel, intituled, &c.; in which said libel are contained, among other things, divers false, seditious, scandalous, and malicious matters, according to the tenor following, to wit, And in another part of the same --. 6. Forms. (5). Indictment for seditious words. Obscene libels. (6). Commitment for a libel on an individual. (7). Indictment for writing and sending a libellous letter to prose cutor. Second count, for publishing part of letter, generally. libel are contained divers other false, seditious, scandalous, and maliciou matters, according to the tenor following, to wit, -; to the eril example of all others, and against the peace of our said lady the Queen, her crown and dignity. The jurors for our lord the King upon their oath present, that J. 8. late of the parish of B., in the county of M., being a wicked, malicious, sedītious, and ill-disposed person, and wickedly, maliciously, and seditiously contrieing and intending the peace of our said lord the King and this kingdom of England to disquiet and disturb, and the liege subjects of our said lord the King to incite and more to the hatred and dislike of the person of our said lord the King; and to scandalize and vilify the colonels and other officers of the guards of our said lord the King, on the day of ―, in the year of the reign of our sovereign lord the King, with force and arms, at the paruh aforesaid, in the county aforesaid, in the presence and hearing of divers liegt subjects of our said lord the King, wickedly, maliciously, and seditiously did publish, utter, pronounce, and declare with a loud voice, of and concerning our said lord the King, and of and concerning the colonels and other officers of the guards of our said lord the King, these English words following, that is to say: "The colonels and the rest of the officers (meaning the colonels and off. cers of the guards of our said lord the King) are a company of rogues and rilains; for their business is to uphold their master (meaning our said lord the King), who (meaning our said lord the King) is a villain and a rogue, and unter kept his word in any thing he said:" to the great scandal of our said lord the King, and of the colonels and other officers of the guards of our said lord the King, in contempt of our said lord the King, in open violation of the laws of this kingdom, to the evil and pernicious example of all others, and against the peace of our said lord the King, his crown and dignity. See forms as to obscene libels, ante, tit. “Lewdness." Commencement as usual, ante, 54, (No. 1).]—on the day of, ^. D. -, at the parish of ——, in the said county, unlawfully, wickedly, cał moliciously did compose and publish a certain false, scandalous, malicious, and defamatory libel, containing divers false, scandalous, and malicious matters and things of and concerning A. B. And you, the said keeper, &c. Conclude as usual]. The jurors for our lady the Queen upon their oath present, that J. F.. late of the parish of -, in the county of [labourer], wickedly, mahoiously, and unlawfully, contriving and intending to injure and defame T. P., and to bring him into contempt, hatred, infamy, and disgrace, and to provoke and incite him to break the peace of our lady the Queen, on the day of the year of the reign of our lady the now Queen Victoria, with force and arms, to wit, at C., in the county of M., did compose and publish a certain faint, scandalous, malicious, defamatory, and libellous writing of and concerning the said T. P., [in the form of a letter addressed and directed to the said T. P and which said writing then and there contained the following false, scandalous, malicious, defamatory, and libellous matter of and concerning the said T. P that is to say, "Sir, (meaning the said T. P.), knowing you, &c. [here set out the whole letter with innuendoes. Great care must be observed that the letter be correctly set forth]. And the jurors aforesaid, upon their oath aforesaid, de further present that the said J. F. contriving and intending as aforesaid, after wards, to wit, on the said day of year of the reign aforesaid, at N. aforesaid, in the county aforesaid, unlawfully, wickedly, and maliciously did send, and cause to be sent, to the said T. P., and did thereby then and there unlawfully, wickedly, and maliciously publish, and cause to be published, the said false, scandalous, malicious, defamatory, and libellous wrd. ing, to the great damage, scandal, infamy, and disgrace of the said T. P., 19 the evil and pernicious example of all others, in contempt of our said lady the Queen and her laws, and against the peace of our said lady the Queen, her crown and dignity. in the And the jurors aforesaid, on their oath aforesaid, do further present, that the said J. F. further contriving and intending as aforesaid, on the said day of, in the year, &c., with force and arms, at N. &c. aforesaid, of his great hatred, malice, and ill will towards the said T. P., unlawfully, wickedly, and maliciously did publish, and cause to be published, a certain other false, scandalous, malicious, and defamatory libel of and concerning the said T. P., containing therein, amongst other things, the false, scandalous, malicious, defamatory, and libellous matter following, of and concerning the said T. P., that is to say, &c. [here set out the libellous part of the libel]; thereby then and there meaning that [here insert an innuendo of the meaning of the letter, if necessary], to the great damage, scandal, infamy, and disgrace of the said T. P., to the evil example of all others, and against the peace of our said lady the Queen, her crown and dignity. day And the jurors aforesaid, on their oath aforesaid, do further present, that the said C. D., again unlawfully, wickedly, and maliciously devising and intending to injure, defame, and vilify the said A. B., heretofore, to wit, on the of in the year of the reign aforesaid, with force and arms, at the parish of in the county aforesaid, unlawfully, wickedly, and maliciously did publish, and cause and procure to be published, a certain scandalous and libellous picture of and concerning the said A. B., with divers figures and images therein, and, amongst others, certain figures and images denoting and representing, and intending to denote and represent, [the devil pursuing the said A. B. towards a gallows, and towards a certain fire intended to represent hell], and the said picture being then and there intended to represent that [the said A. B. had been and was guilty of misconduct and crime, deserving punishment by hanging on a gallows, and of punishment after death]; and that the said C. D. the said scandalous and libellous picture, afterwards, to wit, on the said day of - in the year aforesaid, and on divers other days and times, as well before as afterwards, with force and arms, at &c. aforesaid, to divers liege subjects of our said lady the Queen then and there present, unlawfully, wickedly, and maliciously, did openly shew and exhibit, and cause to be shewn and exhibited, to the great scandal and disgrace of the said A. B., to the evil example of all others, and against the peace of our said lady the Queen, her crown and dignity. See a form of Indictment for a libel for hanging a man in effigy. (Jerv. Arch. C. L. 9th ed. 627.) 6. Forms. (81. Count for a libel by a picture. Lien, of Innkeepers, see ante, Vol. I. p. 120. Of Clerk of Assize on Record, see R. v. Bury, (1 Leach, 201), and tit. "Clerk of the Peace," Vol. I. p. 689. Lighting and Watching of Parishes. See "Watching and Limitation of Prosecutions, &c. THERE is, in general, no limitation of proceedings for offences; (see ante, 859); but, by various statutes imposing pecuniary and other penalties, a time is given, within which such penalties must be proceeded for. See the various titles throughout this work. And sometimes general acts of pardon and indemnity are passed, which operate like a limitation; see the 20 Geo. II. c. 52. As to the limitation of penal actions in general, see ante, 916. As to the limitation of actions against justices, &c., see ante, 1039, and tit. "Constable," Vol. I. As to the calculation of time, see tit. "Time," Vol. VI. Duties. Embezzlement. Disputes with servants. Destroying. Stealing. Who may set up manufacture. Linen Cloth. FOR the duties on linen cloth printed or stained, see tit. “Exist,” Vol. II. As to journeymen and other workmen embezzling the materias a the linen manufacture, see ante, tit. "Larceny;" post, tit. “Serrata," Vol. V. As to disputes between masters and servants in the linen marrie tures, see tit. "Servants," Vol. V. As to the offence of maliciously injuring linen, &c., in the course of manufacture, see the 7 & 8 Geo. IV. c. 30, s. 3, 27, and tit. "Matrim Injuries to Property," Vol. V. p. 28, 30. As to stealing linen in process of manufacture, see ante, tit. “ Larceny,” p. 1146. By stat. 15 Car. II. c. 15, s. 2, any person, native or foreigner, may trades in the linen without paying anything, in any place, privileged or unprivileged, ca porate or not corporate, set up and exercise the occupation of breaking hickling, or dressing of hemp or flax; as also of making or whi of thread; as also of spinning, weaving, making, whitening, or e ing any cloth made of hemp or flax only; as also the mystery of twine or nets for fishery, or of stoving of cordage; as also the ale of making tapestry hangings. Foreigners. Deceitful making of linen cloth. What justices may Sect. 3. And all foreigners that shall use any of the trade three years shall (taking the oaths of allegiance and sup two justices near unto their dwellings) enjoy all privilegea hazaé born subjects. By stat. 1 Eliz. c. 12, s. 1, whereas certain evil-disposed pers za li sundry devices, stretch linen cloth both in length and breadth, with battledores, or otherwise, beat the same, casting thereup deceitful liquors mingled with chalk, and other like thing the cloth is made finer and thicker to the eye, but the thr thereby loosened and made weak; if any person shall hereafter ve said deceits, or do any other act with any linen cloth, wherely be made worse, the said cloth shall be forfeited, and the punished by one month's imprisonment at the least, and pay s as the justices shall assess. Sect. 2. And the judges of assize, and justices of the peace, determine offences. of them, (one being of the quorum), may hear and determine in their sessions, by information, indictment, or upon the tr any presentment or indictment found before them. How informer shall pursue his suit. Certificate of estreat into Exchequer. Affixing counter feit stamps on linen cloth. Sect. 3. If any person shall seize any such deceitful linen shall, at the next sessions, or before two justices, (one being of t rum), make due information of the offence and of the seiras. * shall procure the offender to be indicted at the next sessions, NÃO also be bound by recognizance or obligation to pursue the st effect, and to give evidence, and to pay the moiety of what recover to the sheriff or other accountant to the use of the K the other half shall go to the informer or prosecutor. Sect. 4. The justices, before whom the offence shall be t certify the same by estreat into the Exchequer yearly, at Mich as they do other estreats; and thereupon the barons cess for so much thereof as appertaineth to the King, in like for other fines. maya By stat. 17 Geo. II. c. 30, s. 1, If any person shall cause sy to be affixed to any foreign linens imported, in imitation of the t put on Scotch or Irish linens, he shall forfeit 57. for each piece; or if any person shall sell, expose to sale, or pack up for sale, any foreign linens, (knowing them to be so stamped), as the manufacture of Scotland or Ireland, he shall forfeit the same, and also 57. for each piece. And if any person shall affix any counterfeit stamp on any linen of the manufacture of Great Britain or Ireland, in order to vend the same as linens duly stamped, he shall forfeit 51. for each piece; and if any person shall sell, expose to sale, or pack up for sale, any such linens, knowing them to be so stamped, he shall forfeit the same, and also 57. for each piece. Sect. 2. And one justice may convict the offender on the oath of one witness, and may grant his warrant for distress and sale, rendering the overplus, if any there be; and for want of sufficient distress, any justice, on proof thereof made on oath by the person executing the warrant, may commit him to gaol for six months, unless it be paid sooner; which penalty and forfeiture shall go to the informer, deducting 28. in the pound to be paid to the constable who shall execute the warrant. [The stat. 4 Geo. IV. c. 40, s. 1, repeals so much of the stat. 17 Geo. II. c. 30, as relates to the sealing, measuring, stamping, marking, or lapping, of the several kinds of linen cloth, previous to exportation or sale.] Sect. 3. enacts, That every manufacturer or weaver of linen, and every trader and dealer in linen manufacture in Scotland, may weave his name or fix any such mark or seal as he shall think fit, in or to any piece of linen cloth manufactured by him, for the purpose of denoting the length and breadth or quality thereof. And that if any person shall counterfeit such mark or name, such person shall, on conviction before two or more justices of the peace or magistrates within any burgh, forfeit 100%. for the use of the person whose mark shall be so counterfeited, to be levied and paid as is directed by the stat. 13 Geo. I. c. 26, (An Act for Regulation of Linen Manufactures in Scotland), with respect to the penalty for counterfeiting any mark or name under that act. As to the Irish linen trade, see the 5 & 6 Will. IV. c. 27. Linen cloth. 17 Geo. 2, c. 30. Literacy Property. See "Copyright," Vol. I. Literary Societies, exempted from Rates, &c., by 6 & 7 Vict. c. 36. See "Scientific Societies," Vol. V. Loan Societies. See, ante, "Friendly Societies." Locks, on Canals, &c., Destroying of, see "Malicious Injuries to Lodgers, Larceny by, see "Larceny," ante, p. 1120. Log Book, Evidence by, see "Evidence," Vol. II. p. 387. |