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lake, and carry away; against the form of the statute in such case made and 3. Forms. prorided, and against the peace of our lady the Queen, her crown and dignity, Add other counts, as the case may suggest.]

7 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. Porasmuch as A. B., of , in the said county, gentleman, nu'h this day c. 29, s. 8, for rade information and complaint upon oath before me, J. P., Esq., one of his

sending a threat.

ening letter, de. Majesty's justices of the peace, in and for the said county, that he did on 8c., at manding money. fe., 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. whey, and threatening to kill the said A. B. if, &c.[stating the terms of the letter,

the case may be]; and that he, the said A. B., hath just cause to suspect, and Leth suspect, that the said letter was sent (or " delivered"] by one C. D., late of,

e.: These are, therefore, to command you, in her Majesty's name, forthuith to apprehend and bring before me, or some other of her Majesty's justices of ide 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 jail you not. Giren under my hand and seal, the day of, &c.

J. P. (1. s.)

Commencement as usual. as ante, p. 254.]-on the

day of

(6). Comniitment A.D. , at the parish of , in the said county, knowingly and felo. for a like offence. stigesly did send (or is deliver"] to A. B. a certain letter (or “ writing "i, demanding money [or," a certain chattel, to wit, ,"or, “a certain valuable recurity, to wil, "] of and from the said A. B., with menaces, and with. wat ery 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 sad provided. And you, the said keeper, &c. [as usual, to the end].

--(vende)-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 labourer, on the for a like offence. 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 lelter (or “ writing"] to one 4. 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 "1, 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 shut the letter verbatim]; against the form of the statute in such case made and prorided, and against the peace of our said lady the Queen, her crown and diymity, [Add other counts, as the case may suggest.]

Commencement as usual, as ante, p. 254.]-on the day of

(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 endearoured 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

money, &c. 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).

-(Fenoe)The jurors for our lady the Queen upon their oath present, that (9). Indictment C.D., late of the parish of , in the county of labourer, on the for a like offence. day of , in the year of the reign of our lady the now Queen Victoria, till furee 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 ketute in such case made and provided, and against the peace of our said lady the Queen, her crown and dignity.

3. Forms.

It seems questionable whether a count framed on a letter demanding money will be supported by evidence that the letter was written with view to extort money. (R. Š. 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. (1). Commitment - (The county wherein the commitment is made.) J. P. esquire, on on 4 Geo. IV. c. Her Majesty's justices of the peace for the said county to the constable of 54, s. 3, for send. ing a letter,

in the said county, and to the keeper of the common gaol at threatening to county. murder or burn, These are to command you the said constable, in Her Majesty's name, fort! &c.

with to convey and deliver into the custody of the said keeper of the 1911 common gaol the body of C. D., charged this day before me the said justice, the oath of A. B. of , and others, for that he the said C.D., on the day of

, A. D. , at the parish of , in the said county, knor ingly, wilfully, and feloniously, did send (or deliver"] to A. B. a certe. letter and writing, thereby and therein threatening to kill and murder burn or destroy a certain outhouse of," or "houses, outhouses, barns, stac of corn or grain, or hay or straw, of,according to the fact] the said A. B agai'st 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 ther delivered by due course of law. Herein fail you not. Given under my ko and seal the day of , in the year of our Lord

J.P.

(2). Indictment - (venue)-The jurors for our lady the Queen, upon their oath presu for a like offence. that C. D., late of the parish of , in the county of labourer, 6

the day of , in the year of the reign of our lady the 19 Queen Victoria, with force and arms, at the parish aforesaid, in the coru! aforesaid, knowingly, wilfully, and feloniously, did send (or deliver'] a certa letter (or “writing'') without any name or signature, (or “ with a certain fil titious name or signature, to wit, the name or signature of L. P.," or "with 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 destru a certain house of the said A. B.,” or houses, outhouses, barns, stacks of com or grain, hay or straw,'' according to the fact], and which said letter and wrilis was and is as follows ; that is to say, Sir," &c. [here set out the letter ter batim] ; against the form of the statute in such case made and provided, er 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, 1 there be evidence to support it.]

3). Commitment Commencement as usual, as supra- on the

day of , A. D. on 7 & 8 Geo. IV.

, at the parish of , in the said county, did with menaces (or 'n be c. 29, s. 6, for demanding mo force"] feloniously demand of and from A. B. the money (or according to the ney, &c., with fact, “a certain chattel, to wit, ,"or, "a certain valuable security, to mit. menaces, with

. p1, of him, the said A. B., with intent the said money [" chattel," or intent to steal it.

" 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).

4). Indictment

(venue)— The jurors for our lady the Queen upon their oath present, that for a like offence. 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 menaces (or" by force"); did maliciously and feloniously demand of and from one A. B. his, the sand A. B.'s, money (or a certain chattel, to wit ,” or “a certain raluable security, to wit "], with a felonious intent the said money, for "chattel, or " valuable security"] of the said A. B. then and there feloniously to steel, tałe, and carry quay; against the form of the statute in such case made and prsrided, 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. Forsimiech es A. B., of , in the said county, gentleman, huh this day c. 29, s. 8, for

sending a threatmade information and complaint upon oath before me, J. P., Esq., one of his so

ening letter, de. Majesty's justices of the peace, in and for the said county, that he did on &c., at manding money. dr., 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 datà muspect, that the said letter was sent (or delivered"] by one C. D., late of, de: These are, therefore, to coramand you, in her Majesty's name, forthwith to apprehend and bring before me, or some other of her Majesty's justices of the pesce, in and for the said county, the body of the said C. D., to answer unto We arid complaint, and to be further dealt withal, according to law. Herein fail you not. Given under my hand and seal, the day of, &c.

J. P. (l. s.)

49_on the Commencement as usual, as ante, p. 254.]-on the

(6). Commitment A.D. , at the parish of ; in the said county, knowingly and felo. for a like offence. sineaiy did send (or * deliver"] to A. B. a certain letter (or “ writing"], desending money or, 's a certain chattel, to wit, ,"or, "a certain valuable kecerity, to seil, "] of and from the said A. B., with menaces, and with. val any reasonable or probable cause, and which said letter was and is as follows bere set it forth verbatim]; against the form of the statute in that case made cud 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 labourer, on the for a like offence. 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 sad feloniously did send (or" deliver''] a certain leiter (or " writing"] to one 4. B., thereby and therein demanding of the said A. B. money (or a certain chattel, to wii, ," or "a certain valuable security, to wit, a certain "], like 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 prorided, and against the peace of our said lady the Queen, her crown and diy. wty. (Add other counts, as the case may suggest.]

day of

Commencement as usual, as ante, p. 254.] --on the

(8). Commitment A.D. , at the parish of in the said county, feloniously did threaten on like act for

threatening to 4. B. to accuse (" accuse, or threaten to accuse''] him, the said A. B., of having accuse a man of a *ellempled and endeavoured to commit the abominable crime of buggery upon crime, &c., with 6. 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 U.D., late of the parish of , in the county of labourer, on the for a like offence. 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 sd feloniously did accuse [or" threaten to accuse"'] one A. B., of having atlempted and endeavoured to commit the abominable crime of sodomy with the deid C. D. (any crime punishable by law with death, transportation, or pillory, or any infardous crime, or of any assault with intent to comunit, &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 tlatule in such case made and provided, and against the peace of our said lady the Queen, her crown and dignity.

3. Forms. Commencement as usual, as ante, p. 254.]-on the

day of - A. D. , at the parish of , in the said county, knowingly and felo (103. Commitment niously did send (or deliver''] to A. B. a certain letler (or * writing". on like act for threatening to accuse (or " accusing"] him, the said A. B., of having ("st sending a letter, Threatening to tempted and endeavoured to commit the abominable crime of buygery upon C.D."] accuse a man of with a view and intent thereby to extort and gain money [" chattel, money, a criine, with valuable security"] from the said A. B. ; against the form of the statute in intent to extort money, &c.

case made and provided. And you, the said keeper, &c. (as usual to the end.

(11). Indictment (venue)-The jurors for our lady the Queen upon their oath present, the for a like offence. 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 Victon
at the parish aforesaid, in the county aforesaid, with force and arms, knowing
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 to
abominable crime of sodomy with the said C. D.''] [6 any crime punishable
law with death, transportation, or pillory, or of any assault with intent to com
any rape, or any attempt or endeavour to commit any rape, or of any infamo
crime,'' as mentioned in sect. 9 of the 7 & 8 Geo. IV. c. 29], with a vier en
intent thereby then and there feloniously to extort and gain from the said A.
money (or “ a certain chattel, to wit, ," or “a certain valuable securit
to wit, "], and which said letter (or " writing"] was and is as folise
[here set out the letter verbatim] ; against the form of the statute in such ci
made and provided, and against the peace of our said lady the Queer, her eros
and dignity. [Add other counts, as the case may suggest.)

Threshing Machines, Injuries to. See Malicious Injuries :

Property,Vol. V.
Tiles. SeeBricks," Vol. I.

Time (a).

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

III. p. 1; in a conviction, see “ Conviction,” Vol. I.; as to proof of, se

Evidence," Vol. II. New style. As to the establishing of the new style, by the 24 Geo. II. c. 23

see “ Almanack.of what times the The law takes notice of the commencement and course of the year, an law takes notice. all times which depend upon the calendar. (Com. Dig. Temps, B. 1.) It take

notice of moveable and immoveable feasts (id. B. 2), ante, Almanack, Vol. 1.

By stat. 24 Geo. II. c. 23, the calendar is corrected, and new style firs established. The year 1752 was enacted thereby to begin on the 1st o January, 1752, and the day after the 20 of September, 1752, was to accounted the 14th of September; and see 25 Geo. II. c. 30, and lille

Almanack,Vol. I. Time of memory. 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. 118!

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

and any custom may be destroyed by evidence of non-existence in any

Time. part of the long period from that time to the present. (2 Inst. 238, 239; Bla. Com. 30.)

This rule was adopted when by stat. West. 1 (3 Edw. I. c. 39), the ceign of Richard I. was made the time of limitation in a writ of right;

ut by the 32 Hen. VIII. c. 2, this period in a writ of right has been since reduced to sixty years. (Ibid.) See now the Prescription Act, 2 & 3 Will. IV. c. 71, for shortening the time of prescription in certain cases; and see title Statutes,” Vol. V.

The year, according to its ordinary import, consists of three hundred A year. and sixty-five days; there are six hours, within a few minutes, over in each year, which, every fourth year, makes another day, viz. three huncred and sixty-six, and being the 29th of February, constitute the bissexEle or leap year. (Co. Lit. 135; 2 Roll. 521, l. 35; Com. Dig. Ann. (A.); 24 Geo. II. c. 23, s. 2; 2 Bla. Com. 140, notes by Chitty.)

Where a statute speaks of a year, it shall be computed by the whole twelve months, according to the calendar, and not by a lunar month.

Biskop of Peterborough v. Catesby, Cro. Jac. 166.) But if a statute direct
a prosecution to be within twelve months, it is too late to proceed after
the expiration of twelve lunar months. (R. v. Peckham, Carth. 407.)

Atwelvemonth in the singular number includes all the year, but
twelve months shall be computed according to twenty-eight days for
Every month. (6 Rep. 62. And see Crooke v. M Tavish, i Bing. 307;
Voore, 265, s. 6.)

The 43 Geo. III. c. 84, which prohibits, under a penalty, a spiritual
person from absenting himself from his benefice for more than a certain
une in any one year, means year from the time when the action is
rought for the penalty. (2 M. & Sel. 534.)
The term "year" may sometimes be construed in a different sense
an that which it bears according to its ordinary import. In Dugdale's
Carom. Jur. Ref. p. 2, it is said that the year is either astronomical, eccle-
tastical, or regnal, beginning on the 1st of January, or 25th of March,
Like day of the king's accession; and see Bract. 359. And the word
"year" is frequently used to denote different periods of time—as in a
Counter it may be sometimes construed to mean a “mayor's year” or

Fear of office,” and not a calendar year. (See Rex v. Swyer, 10 B. &. (393, 486.)

So a hiring from Whitsuntide to Whitsuntide has been held to be a ring for a year, though for 339 days only. (R. v. Newstead, Burr. S. C.

, recognized in R. v. Standon Massey, 6 Coke, 62.) Half a year consists of one hundred and eighty-two days, for there Half a year. hall be no regard to a part or a fraction of a day. (Co. Lit. 135 b.; biseap of Peterborough v. Catesby, Cro. Jac. 166.) The time to collate

thin six months shall be reckoned half a year, or one hundred and gatytwo days, and not lunar months. (Bishop of Peterborough v. Catesby, L70. Jac. 166; 6 Rep. 61; 2 Bla. Com. 140, notes by Chitty.) A quarter of a year consists but of ninety-one days, for the law does Quarter of a year.

regard the six hours afterwards. (Co. Lit. 135, b.; 2 Roll. 521, 1.40; Com. Dig. Ann. (A.))

But both half-years and quarters are usually divided according to cerun feasts or holidays, rather than a precise division of days, as Lady play, Midsummer Day, Michaelmas Day, or Christmas, or old Lady Day

ath of April), or old Michaelmas Day (the eleventh of October). In use cases such division of the year by the parties is regarded by the -*, and, therefore, though half a year's notice to quit is necessary to de

mine a tenancy from year to year, yet a notice served on the twentywinth of September, to quit on the twenty-fifth of March, being half a ear's notice according to the above division, is good, though there be

* than one hundred and eighty-two, viz. one hundred and seventy**ut days. (Doe d. Matthewson v. Wrightman, 4 Esp. R. 5; Doe. d. Har.

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