2. To extort Money, &c.

Lord Mansfield, C. J., held that, as it was directed to the prosecutor in Middlesex, where it was delivered, that was a sending in Middlesex; for the whole was to be considered as the act of the defendant, to the time of the delivery in that county. (R. v. Esser, 2 East's P. C. 1125; R. v. Burdett, ante, "Libel," Vol. III.; "Indictment," Vol. III.; 7 Geo. IV c. 64, s. 12.)

And it seems the prisoner may be tried in the county in which the pri soner sends the letter, though the prosecutor may receive it in anothe county. The offence described in the 9 Geo. I. c. 22, and 27 Geo. I c. 15, is that of sending the threatening letter; it should seem, therefore that the offence is complete, as far as depends on the prisoner, by h putting the letter into the post-office, to go into another county. By th act of putting the letter into the post-office, in the county of A., he sent it (in the language of the statutes) to the prosecutor, though the latte may afterwards receive it in the county of B.

Letters demanding money, &c.

Accusations and threats of accusa

tion of certain crimes.

II. Threats to extort Money, &c.

As to 66 menaces with intent to steal, see Robbery," Vol. V "Assault," Vol. I. As to the offence of actually obtaining money, &c., by threatening ( accuse another of an unnatural crime, see Robbery," Vol. V.

By stat. 7 & 8 Geo. IV. c. 29, sect. 8, "If any person shall know ingly send or deliver any letter or writing, demanding of any perso? with menaces, and without any reasonable or probable cause, an chattel, money, or valuable security; or if any person shall accuse threaten to accuse, or shall knowingly send or deliver any letter writing, accusing or threatening to accuse any person of any crim punishable by law with death, transportation, or pillory, or of any assault with intent to commit any rape, or of any attempt or endeavou to commit any rape, or of any infamous crime, as hereinafter definet [sect. 9], with a view or intent to extort or gain from such person any chattel, money, or valuable security; every such offender shall b for life, or impri- guilty of felony, and being convicted thereof, shall be liable, at the dis cretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such im prisonment."

Transportation

sonment.

What shall be

crimes.

Sect. 9. "The abominable crime of buggery, committed either with deemed infamous mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat, offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this act."

General clauses.

Punishment of hard labour or solitary confinement.

Sentence to commence after end of former sentence.

Offence not triable at sessions.

See the general clauses affecting all the provisions of this act, ante, "Larceny," Vol. III.

By the 7 & 8 Geo. IV. c. 29, s. 4, ante, Vol. III. to the punishment of imprisonment, may be added hard labour and solitary confinement, for the whole or any part of the term. But by 7 Will. IV. and 1 Vict. c. 90, s. 5, such confinement shall not exceed one month at any one time, nor six months in any one year.

If the convict be already under sentence of transportation or imprisonment, the sentence may commence after the expiration of the former sentence (7 & 8 Geo. IV. c. 28, s. 10, ante, "Malicious Injuries to Property," Vol. III).

By the 5 & 6 Vict. c. 28, s. 1, this offence is not triable at the sessions.

As to what will amount to a guilty knowledge of sending, and the 2. To extort sending a letter, within the meaning of the eighth section of the 7 & 8 Money, &c. Geo. IV. c. 29, see ante, p. 252.

Where the letter contained a request only, but intimated that, if it were not complied with, the writer would publish a certain libel then in his possession, accusing the prosecutor of murder, this was holden to amount to a demand. (R. v. Robinson, 2 Leach, 749; 2 East's P. C. 1110.) But it is not necessary, under this branch of the statute, that the letter should contain a threat: if it appear to demand money, &c., in the strict sense of the word, it is sufficient to bring it within the act. A mere request, however, such as asking charity, or the like, without imposing any conditions, would not come within the meaning of the word "demand" in the statute. (Per Buller, J., S. C.)

Where an anonymous letter stated that the writer had overheard certain persons agree together to do an injury to the person and property of the prosecutor, to whom the letter was sent, and that, if thirty sovereigns were laid in a particular place, the writer would give such information, as would frustrate the attempt, it was held, that this was not a threatening letter within the 7 & 8 Geo. IV. c. 29, s. 8; although it appeared that the letter was a mere device to defraud the prosecutor of thirty sovereigns. {R. v. Pickford, 4 C. & P. 227).

Whether the letter amount to a threat to accuse the prosecutor of the offence mentioned, is a fact to be determined by the jury. (See R. v. Girdwood, 2 East's P. C. 1121).

If the terms of the letter are doubtful as to the exact accusations the Tisoner meant to threaten, his declarations subsequently made, on being asked what he meant to impute, are evidence to explain the meaning of the letter. (R. v. Tucker, cor. Twelve Just., 1826 (MS.); Car. C. L.; R&M. C. C. 134, S. C.)

Points as to of

fence.

In Edward Major's case, the indictment charged that the prisoner, Indictment for. intending to extort and gain money from one Augustine Rayner, unlawfully, Knowingly, and designedly, sent to the said A. R. a certain letter in wri

6

ang, &c., thereby threatening, &c.: and then set forth the letter, as
66
LOWS: Sir, I received a letter respecting the bill which I gave you
when we parted; and, as you know, I have it not in my power to pay it,
and, if I had, it is an unjust demand. I have only to observe, that if you
do not immediately return it to me as an acknowledgment for the obscene
fence of sodomy attempted upon me, &c., I am determined to prosecute

to the utmost rigour of the law, &c. (Signed) E. Major, (and dated) June 1st, 1796" with a view and intent to extort and gain money from the Said A. R.; against the form of the statute, &c. The judges, on reference to them after conviction, in Michaelmas term, 1796, held the conviction wrong; for the letter was not sent to extort money, but to procure every up of the bill. (R. v. Major, 2 East's P. C. 1118.)

An indictment on the eighth section of the 7 & 8 Geo. IV. c. 29, must, it submitted, set forth the letter or writing sent. (See Lloyd's case, ante, 250.) But it need not specify the infamous crime of which the prosecutor was threatened to be accused; for the specific crime the prisoner threatened charge might intentionally be left in doubt. (R.`v. Tucker, R. & M. C. C. 134.)

An indictment charging that the prisoner did feloniously and manciously, with intent to extort, &c., "menace and threaten to proseCute J. N.," was not good, under the 4 Geo. IV. c. 54 (ante, p. 249); but f the indictment had followed the terms of the statute, and the evidence een of a threat to prosecute, the judge would leave it to the jury to say ether that was not a threatening to accuse. (R. v. Abgood, 2 C. & P. 130.)

An indictment on the statute for demanding money must show by whom it was demanded: and an indictment on the statute for threatening to accuse must show who was threatened. (R. v. Dunkley, R. & M. C. C. R. 90.)

3. Forms.

(1). Commitment on 4 Geo. IV. c.

It seems questionable whether a count framed on a letter demanding money will be supported by evidence that the letter was written with a view to extort money. (R. & M. C. C. 38; 2 East's P. C. 1110; Leach, C. C. 749. 4th ed., S. C.)

See further, as to the indictment and venue, ante, p. 251.

III. Forms.

(The county wherein the commitment is made.) J. P. esquire, one Her Majesty's justices of the peace for the said county to the constable of 54, s. 3, for send- in the said county, and to the keeper of the common gaol at

ing a letter, threatening to

murder or burn, &c.

(2). Indictment

county.

A. D.

in the sai These are to command you the said constable, in Her Majesty's name, fort! with to convey and deliver into the custody of the said keeper of the sa common gaol the body of C. D., charged this day before me the said justice, t the oath of A. B. of- and others, for that he the said C. D., on the day of , at the parish of in the said county, kra ingly, wilfully, and feloniously, did send [or "deliver"] to A. B. a certa letter and writing, thereby and therein threatening to kill and murder [ "burn or destroy a certain outhouse of," or "houses, outhouses, barns, stas of corn or grain, or hay or straw, of," according to the fact] the said A. B against the form of the statute in such case made and provided. And you ! said keeper are hereby required to receive the said C. D. into your custody the same [common gaol], and him there safely to keep until he shall be then delivered by due course of law. Herein fail you not. Given under my kú and seal the in the year of our Lord

day of

for a like offence. that C. D., late of the parish of

3). Commitment

on 7 & 8 Geo. IV.

c. 29, s. 6, for

ney, &c., with

menaces, with

the

in the

· (venue)—The jurors for our lady the Queen, upon their oath presen in the county of labourer, day of year of the reign of our lady the no Queen Victoria, with force and arms, at the parish aforesaid, in the coal aforesaid, knowingly, wilfully, and feloniously, did send [or “ deliver””] a certai letter [or "writing"] without any name or signature, [or “with a certain fu titious name or signature, to wit, the name or signature of L. P.," or "with th name or signature of "], directed to one A. B., thereby and therein the and there threatening to kill and murder the said A. B. [or" to burn and destro a certain house of the said A. B.," or "houses, outhouses, barns, stacks of car or grain, hay or straw," according to the fact], and which said letter and writin was and is as follows; that is to say, Sir," &c. [here set out the letter ver batim]; against the form of the statute in such case made and provided, an against the peace of our said lady the Queen, her crown and dignity. [Ad other counts, as the case may suggest, and one for a delivery of the letter, i there be evidence to support it.]

in the said county, did with menaces [or by demanding mo- force"] feloniously demand of and from A. B. the money [or according to the fact, "a certain chattel, to wit, 'or, "a certain valuable security, to sit. "'], of him, the said A. B., with intent the said money [“ chattel," or "valuable security"] from the said A. B. then and there feloniously to steal, take, and carry away; against the form of the statute in that case made and provided. And you, the said keeper, &c. [as supra, to the end].

-(venue)—The jurors for our lady the Queen upon their oath present, that C. D., late of the parish of labourer, on the day of in the " year of the reign of our lady the now Queen Victoria, at the parish aforesaid, in the county aforesaid, with menaces [or" by force"], did maliciously and feloniously demand of and from one A. B. his, the said A. B.'s, money [or "a certain chattel, to wit 66 ," or a certain valuable security, to wit "], with a felonious intent the said money, [or “chattel," or "valuable security"] of the said A. B. then and there feloniously to steal,

take, and carry away; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. [Add other counts, as the case may suggest.]

-}

3. Forms.

To E. F., the constable of and to all other peace officers in (5). Warrant to the said county, and others whom this may concern. apprehend, on 7 & 8 Geo. IV. Forasmuch as A. B., of in the said county, gentleman, hath this day c. 29, s. 8, for made information and complaint upon oath before me, J. P., Esq., one of his sending a threatening letter, deMajesty's justices of the peace, in and for the said county, that he did on &c., at manding money. &c., receive a certain letter [or" writing"] from some person or persons unknown to the said A. B., directed to him, the said A. B., demanding of the said A. B. money, and threatening to kill the said A. B. if, &c. [stating the terms of the letter, as the case may be]; and that he, the said A. B., hath just cause to suspect, and doth suspect, that the said letter was sent [or "delivered"] by one C. D., late of, .: These are, therefore, to command you, in her Majesty's name, forthwith to apprehend and bring before me, or some other of her Majesty's justices of the peace, in and for the said county, the body of the said C. D., to answer unto the said complaint, and to be further dealt withal, according to law. Herein fail you not. Given under my hand and seal, the day of, &c.

Commencement as usual, as ante, p. 254.]-on the A. D. , at the parish of

66

in the said county,

J. P. (L. s.)

day of

(6). Commitment

knowingly and felo- for a like offence. niously did send [or ** deliver"] to A. B. a certain letter [or "writing"], demanding money [or, "a certain chattel, to wit,

"

or, a certain valuable security, to wit, "'] of and from the said A. B., with menaces, and without any reasonable or probable cause, and which said letter was and is as follows [here set it forth verbatim]; against the form of the statute in that case made and provided. And you, the said keeper, &c. [as usual, to the end].

·(venue)—The jurors for our lady the Queen upon their oath present, that (7). Indictment C. D., late of the parish of

in the county of

66

labourer, on the day of , in the year of the reign of our lady the now Queen Victoria, at the parish aforesaid, in the county aforesaid, with force and arms, knowingly and feloniously did send [or "deliver"] a certain letter [or “writing"] to one A. B., thereby and therein demanding of the said A. B. money [or a certain chattel, to wit, "" or ' a certain valuable security, to wit, a certain "], the property of the said A. B., with menaces, and without any reasonable or probable cause; and which said letter was and is as follows: that is to say [set out the letter verbatim]; against the form of the statute in such case made and provided, and against the peace of our said lady the Queen, her crown and digButy. [Add other counts, as the case may suggest.]

-on the

day of

for a like offence.

Commencement as usual, as ante, p. 254.] — (8). Commitment A. D. , at the parish of in the said county, feloniously did threaten on like act for threatening to A. B. to accuse ["accuse, or threaten to accuse"] him, the said A. B., of having accuse a man of a ["attempted and endeavoured to commit the abominable crime of buggery upon crime, &c., with C.D."], with a view to extort and gain money ["chattel, money, or valuable intent to extort security" from the said A. B.; against the form of the statute in that case made and provided. And you, the said keeper, &c. [as usual, to the end].

(venue)-The jurors for our lady the Queen upon their oath present, that (9). Indictment C.D., late of the parish of labourer, 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, maliciously and feloniously did accuse [or" threaten to accuse"] one A. B., of having attempted and endeavoured to commit the abominable crime of sodomy with the said C. D. [any crime punishable by law with death, transportation, or pillory, or any infamous crime, or of any assault with intent to commit, &c.], with a view and intent thereby then and there feloniously to extort and gain money ["chattel, money, or valuable security"] from the said A. B.; against the form of the statute in such case made and provided, and against the peace of our said lady the Queen, her crown and dignity.

3. Forms.

A. D.

on like act for

sending a letter, threatening to

Commencement as usual, as ante, p. 254.]—on the
at the parish of

day of

in the said county, knowingly and felo(10). Commitment niously did send [or "deliver"] to A. B. a certain letter [or "writing threatening to accuse [or “accusing"] him, the said A. B., of having [“ attempted and endeavoured to commit the abominable crime of buggery upon C.D."], with a view and intent thereby to extort and gain money [“ chattel, money, cr valuable security"] from the said A. B.; against the form of the statute in that case made and provided. And you, the said keeper, &c. [as usual to the end.]

accuse a man of a crime, with intent to extort money, &c.

(11). Indictment

for a like offence.

-(venue)—The jurors for our lady the Queen upon their oath present, tha C. D., late of the parish of in the county of labourer, on the day of in the year of the reign of our lady the now Queen Victoria at the parish aforesaid, in the county aforesaid, with force and arms, knowingi, and feloniously did send [or "deliver"] to one A. B. a certain letter "writing"], accusing [or "threatening to accuse"] the said A. B. of a certa crime, to wit, the crime of having [“ attempted and endeavoured to commit th abominable crime of sodomy with the said C. D.”] [“ any crime punishable by law with death, transportation, or pillory, or of any assault with intent to commi any rape, or any attempt or endeavour to commit any rape, or of any infamou crime, as mentioned in sect. 9 of the 7 & 8 Geo. IV. c. 29], with a view an intent thereby then and there feloniously to extort and gain from the said A. E money [or" a certain chattel, to wit, or a certain valuable security to wit, "], and which said letter [or “writing ”] was and is as foliow [here set out the letter verbatim]; against the form of the statute in such esa made and provided, and against the peace of our said lady the Queen, her crow and dignity. [Add other counts, as the case may suggest.]

Threshing Machines, Injuries to. See "Malicious Injuries t
Property," Vol. V.

Tiles. See" Bricks," Vol. I.

Statement of.

New style.

Of what times the

Time (a).

As to the statement, &c. of, in an indictment, see

Indictment," Vol

III. p. 1; in a conviction, see Conviction," Vol. I.; as to proof of, see
Evidence," Vol. II.

66

As to the establishing of the new style, by the 24 Geo. II. c. 23, see "Almanack."

The law takes notice of the commencement and course of the year, and law takes notice. all times which depend upon the calendar. (Com. Dig. Temps, B. 1.) It takes notice of moveable and immoveable feasts (id. B. 2), ante, “Almanack,' Vol. I.

Time of memory.

By stat. 24 Geo. II. c. 23, the calendar is corrected, and new style first established. The year 1752 was enacted thereby to begin on the 1st of January, 1752, and the day after the 2d of September, 1752, was to be accounted the 14th of September; and see 25 Geo. II. c. 30, and title "Almanack," Vol. I.

Time of memory has been long ago ascertained by the law to commence from the beginning of the reign of Rich. I., viz. 6th of July, A.D. 1159.

(a) See, as to time in general, 2 Bla. Com. 140, by Chitty; Com. Dig. Temps; Vin. Ab. Time.