LIBELS ON THE ADMINISTRATION OF JUSTITE.

695

obtained, or converted") the said J. S. not having caused the said person by whom the said goods and chattels were so stolen, taken, and carried away as aforesaid, to be apprehended and brought to trial for the same; 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.

Felony, transportation for life or for not less than seven years, or imprisonment (with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 29, s. 4, (ante, p. 169), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5, (ante, p. 169), not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the court shall think fit. 7 & 8 G. 4, c. 29, s. 58. This offence is not triable at any quarter sessions. 5 & 6 Vict. c. 38, s. 1, (ante, p. 69).

Evidence.

Prove that the goods, &c., were stolen or obtained in the mode stated' in the indictment; and prove that the defendant received the money from J. N., or some person on his behalf, upon the pretence or account stated in the indictment. It was decided to be an offence within the repealed stat. 4 G. 1, c. 11, s. 4, which was similar to the present section, to take money under pretence of helping a man to goods stolen from him, though the defendant had no acquaintance with the felon, and did not pretend that he had; and though he had no power to apprehend the felon, and though the goods were never restored, and the defendant had no power to restore them. R. v. Ledbitter, 1 Mood, C. C. 76. As to advertising a reward for the return of stolen property, see 7 & 8 G. 4, c. 29, s. 59, (ante, p. 585).

*SECT. 12.

[ *588 ]

LIBELS REFLECTING ON THE ADMINISTRATION OF JUSTICE.

Indictment for a Libel against a Judge and Jury, in the Execution of their Duties.

Middlesex, to wit:-The jurors for our Lady the Queen upon their oath present, that heretofore, to wit, at the sittings at Nisi Prius, holden after Trinity Term, to wit, on the twentieth day of June, in the eighth year of the reign of our sovereign lady Victoria, at Westminster, in the county of Middlesex, before the Right Honourable Sir Frederick Pol

696

LIBELS ON THE ADMINISTRATION OF JUSTICE.

ock, chief baron of our said lady the Queen of her Court of Excheq uer at Westminster aforesaid, a certain issue duly joined in the said court between one A. B. and one C. D., in a certain action on promises, in which the said A. B. was plaintiff, and the said C. D. defendant, came on to be tried in due form of law, and was then and there tried by a certain jury of the country in that behalf duly sworn, and taken between the parties aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that J. S. late of the parish of B., in the county of M., printer, being a wicked and ill-disposed person, wickedly and maliciously contriving and intending to bring the administration of justice in this kingdom into contempt, and to scandalize and vilify the said Sir Frederick Pollock, and the jurors, by whom the said issue was so tried as aforesaid, and to cause it to be believed that [here state the effect of the libel; see ante, p. 525] on the twenty-first day of June, in the year last aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, wickedly and maliciously did write and publish, and cause and procure to be written and published a certain false, wicked, malicious, and scandalous libel, of and concerning the administration of justice in this kingdom, and of and concerning the trial of the said issue, and of and concerning the said Sir Frederick Pollock, and the jurors by whom the said issue was so tried as aforesaid, according to the tenor and effect following; that is to say: [here set out the libel, together with such innuendoes as may be requisite; see ante, p. 525]: to the great scandal and reproach of the administration of justice in this kingdom, in contempt of our lady the Queen and her laws, to the evil example of all others in like case offending, and against the peace of our lady the Queen, her crown and dignity.

Fine or imprisonment, or both. See R. v. White, 1 Campb. 359: R. v. Watson, 2 T. R. 199. This offence is not triable at any quar ter sessions. 5 & 6 Vict. c. 38, s. 1, (ante, p. 69). As to the evidence, see ante, p. 524.

Indictment for Slanderous Words to a Magistrate.

Middlesex, to wit:-The jurors for our lady the Queen upon their oath present, that heretofore, to wit, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, at the [ *589 ] *parish of B., in the couuty of M., one J. S. was brought before J. N., esquire, then and yet being one of the justices of our said lady the Queen, assigned to keep the peace of our said lady the Queen, in and for the county aforesaid, and also to hear and determine divers felonies, trespasses and other misdeeds committed in the said county, and the said J. S. was then and there charged before the said J. N.,

LIBELS ON THE ADMINISTRATION OF JUSTICE.

697 upon the oath of one A. C., that he the said J. S. had then lately before feloniously taken, stolen, and carried away divers goods and chattels of the said A. C. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said J. S., being a scandalous and ill-disposed person, and wickedly and maliciously intending and contriving to scanda lize and vilify the said J. N. as such justice as aforesaid, and to bring the administration of justice in this kingdom into contempt, afterwards, and whilst the said J. N., as such justice as aforesaid, was examining and taking the depositions of divers witnesses against him the said J. S. in that behalf, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, wickedly and maliciously, in the presence and hearing of divers good and liege subjects of our lady the Queen, did publish, utter, pronounce, declare, and say, with a loud voice to the said J. N., and whilst he the said J. N. was so acting as such justice as aforesaid, "You are a scoundrel and a liar; you would hang your own father if you could make a groat by his execution;" to the great scandal and reproach of the administration of justice in this kingdom, to the great scandal and damage of the said J. N., in contempt of our lady the Queen and her laws, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity.

Fine or imprisonment, or both.

v. Weltje, 2 Camp. 142; and see

See R. v. Pocock, 2 Str. 1157: R.

2 Salk. 698. If there be any doubt as to the words, lay them differently in different counts.

Evidence.

Prove the charge before the magistrate; and prove that whilst the magistrate was in the execution of his duty, taking the depositions of the witnesses, the defendant addressed him, and spoke the words laid in some one of the counts of the indictment. It is sufficient to prove that the magistrate acted as such. Berryman v. Wise, 4 T. R. 366: R. v. Gordon, 1 Leach, 581. As to the proof of the words, see ante, p. 102.

88

3 G. 4, c. 114-Hard labour for Riot and certain other Offences] — Recites 53 G. 3, c. 162, and enacts, that, whenever any person shall be convicted of any of the offences hereafter specified and set forth; that is any attempt to commit felony; any riot;

to say, keeping a common gambling-house, a common bawdy-house, or a common ill-governed and disorderly house; wilful and corrupt perjury, or of subornation of perjury; in each and every of the

above cases, and whenever any person shall be convicted of any or either of the aforesaid offences, it shall and may be lawful for the court before which any such offender shall be convicted, or which by law is authorized to pass sentence upon any such offender, to award and order (if such court shall think fit) sentence of imprisonment with hard labour, for any term not exceeding the term for which such court may now imprison for such offences, either in addition to or in lieu of any other punishment which may be inflicted on any such offenders, by any law in force before the passing of this act; and every such offender shall thereupon suffer such sentence, in such place and for such time as aforesaid, as such court shall think fit to direct. [Repealed, so far as relates to receiving stolen goods and false pretences, by 7 & 8 G. 4, c. 27, s. 1, and so far as relates to assault, &c., by 9 G. 4, c. 31, s. 1.]

Indictment for Riot and Assault.

Middlesex, to wit:-The jurors for our lady the Queen upon their oath present, that J. S., late of the parish of B., in the county of M., labourer, J. W., late of the same place, carpenter, E. W., late of the same place, yeoman, together with divers other evil-disposed persons.

*to the number of ten and more, to the jurors aforesaid un- [ *591 ] known, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, unlawfully, riotously, and routously, did assemble and gather together, to disturb the peace of our said lady the Queen; and being so then and there assembled and gathered together, in and upon one A., the wife of J. N., in the peace of God and of our lady the Queen then and there being, unlawfully, riotously, and routously did make an assault, and her the said A. then and there unlawfully, riotously, and routously did beat, wound and ill-treat, so that her life was greatly despaired of; and other wrongs to the said A. then and there unlawfully, riotously, and routously did, to the great disturbance and terror of the liege subjects of our lady the Queen then and there being, in contempt of our said lady the Queen and her laws, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity. (See the precedents, Cro. Circ. Com. 413, et seq.; 4 Went. 150, 305, et seq.) You may add a count for a common assault. (See ante, p. 441).

Fine or imprisonment, or both, and, by 3 G. 4, c. 114, hard labour.

Evidence.

That J. S., &c. together with divers others.]—It must be proved that three persons at least were engaged in this unlawful assembly and assault, otherwise the defendants must be acquitted; for unless committed by three or more, it is no riot. 2 Hawk. c. 47, s. 8; R. v. Scott, 3 Bur. 1262; 1 W. Bl. 291, 350: R. v. Sadbury, 1 L. Raym. 484; 2 Salk.

593.

Unlawfully, riotously, and routously did assemble.]-It must be proved that these three or more persons assembled together; and that their assembling was accompanied with some such circumstances, either of actual force or violence, or at least of an apparent tendency thereto, as were calculated to inspire people with terror; R. v. Hughes, 4 C. & P. 372; such as being armed, using threatening speeches, turbulent gestures, or the like. 1 Hawk. c. 65, s. 5. If an assembly of persons be not accompanied with such circumstances as these, it can never be deemed a riot, however unlawful their intent, or however unlawful the acts which they