any tumultuous proceedings, it will amount to a riot.1 Hawk. P. C. c. 65, s. 3.

Unlawful assemblies, routs and riots are misdemeanors, punishable with fine and imprisonment.-4 Bl. C. 146.

And by 3 Geo. IV. c. 114, the court may also, in case of riot, sentence to hard labour, with the imprisonment, either in addition to or in lieu of any other punishment.

By 13 Hen. IV. c. 7, any two justices, together with the sheriff or undersheriff of the county, may come with the posse comitatus, if need be, and suppress any such riot, assembly or rout, arrest the rioters, and record upon the spot the nature and circumstances of the whole transaction, which record alone shall be a sufficient conviction of the offenders: in the interpretation of which statute it has been holden that all persons, noblemen and others, except women, clergymen, persons decrepit and infants under fifteen, are bound to attend the justices in suppressing a riot, upon pain of fine and imprisonment; and that any battery, wounding or killing the rioters, that may happen in suppressing the riot, is justifiable.-4 Bl. C. 147.

6. Tumultuous Petitioning.

By 13 Car. II. st. 1, c. 5, not more than twenty names shall be signed to any petition to the king or either house of parliament, for any alteration of matters established by law in church or state, unless the contents thereof be previously approved, in the country, by three justices or the majority of the grand jury at the assizes or quarter sessions, and in London by the lord mayor, aldermen and common council; and no petition shall be delivered by a company of more than ten persons on pain, in either case, of incurring a penalty, not exceeding £100, and three months' imprisonment.-Doug. 592; 1 Russ. 265, 266.

By 57 Geo. III. c. 19, s. 23, it shall not be lawful for any person to convene or give notice of convening any meeting consisting of more than fifty persons, or for any

number of persons exceeding fifty, to meet in any street, square or open space in the city or liberties of Westminster or county of Middlesex, within the distance of a mile from the gate of Westminster Hall, (except such parts of the parish of St. Paul, Covent Garden, as are within such distance,) for the purpose of considering of or proposing any petition, &c. for alteration of matters in church or state, on any day on which the two houses or either house of parliament shall meet and sit, nor on any day on which the courts shall sit in Westminster Hall; and any such meeting is by the act made an unlawful assembly. But there is a provision that the enactments shall not apply to any meeting for the election of members of parliament, or to persons attending upon the business of either house of parliament or any of the said courts.

7. Forcible Entry and Detainer of Lands.

These offences consist in violently taking possession, or, after taking, violently keeping possession of lands and tenements, with menaces, force and arms, and without the authority of law.-4 Bl. Com. 148.

At common law an indictment lies for a forcible entry, where the party entering has no title.-4 Bl. Com. 148, n. (10) by Ryland.

And it is a misdemeanor, punishable by fine and imprisonment.-Arch. 455.

But it seems an indictment does not lie at common law, if the party entering has been disseised.-Ryland, ibid.

By 5 Rich. II. st. 1, c. 8-15 Ric. II. c. 2-8 Hen. VI. c. 9-31 Eliz. c. 11, and 21 Jac. I. c. 15, forcible entry or forcible detainer after entry is a misdemeanor, punishable with imprisonment, and ransom at the king's will.

And one or more justices of the peace, taking sufficient power of the county, may go to the place, and there record the force upon his own view, and upon such conviction may commit the offender to gaol till he makes fine and ransom to the king; and may summon a jury to try the

forcible entry or detainer complained of; and if the same be found by that jury, then, besides the fine on the offender, the justices shall make restitution by the sheriff of the possession, without inquiring into the merits of the title and the same may be done by indictment at the general sessions.

An indictment for forcible entry, on the statutes, may be sustained, whether the defendant had a right of entry or

not.

It may be sustained where the prosecutor had an estate of freehold (though a freehold by wrong), or of leasehold, or where his estate is in joint tenancy or tenancy in common with the defendant.

But not where he had the bare custody of the premises for the defendant.-Arch. 452.

An entry through an open window, or by opening the door with a key, or by mere trick, or by threat to the goods and not to the person, is not considered as a forcible entry. Arch. ibid.

But where the entry is forcible, it is within the statute, whether any person is within the house or not, especially if a dwelling house.-Arch. 452.

The restitution provided for by the statutes does not apply to a case where the defendant has been permitted to remain quietly in possession for three years immediately previous to the finding of the indictment.-Arch. 453.

Generally, to maintain an indictment for forcible detainer, it should be shown that the prosecutor was seised or possessed, that defendant entered upon him (whether peaceably or not is immaterial) and held the premises from him by force and violence. And where a tenant under lease holds over by force after the expiration of the lease, it is said to be a forcible detainer.-Arch. 454; Cro. Jac. 199.

But merely refusing possession is not so.-Arch. 454. Nor keeping out by force a person claiming common upon the land.-Ibid.

8. Riding or going armed with dangerous or unusual

Weapons.

By statute of Northampton, 2 Edw. III. c. 3, this is a misdemeanor, punishable with forfeiture of the arms and imprisonment during the king's pleasure.

9. Spreading False News.

This, if done to make discord between the king and nobility, or concerning any great man of the realm, is a misdemeanor at common law, punishable with fine and imprisonment; and the common law is confirmed by statutes of Westminster 1, 3 Edw. I. c. 34; 2 Ric. II. st. 1, c. 5, and 12 Ric. II. c. 11.-4 BI. C. 149.

10. False and pretended Prophecies, with intent to disturb the Peace.

By 5 Eliz. c. 15, the penalty for the first offence is a fine of £10 and one year's imprisonment; for the second, forfeiture of all goods and chattels and imprisonment during life.-4 Bl. C. 149.

11. Challenges to Fight.

To challenge to fight, either by word or letter, or to be the bearer of such challenge, is a misdemeanor, punishable by fine and imprisonment.-4 Bl. C. 150.

And this though no fighting follows.-1 Hawk. P. C. c. 63, s. 21; 1 Russ. 275.

And so is the endeavour, by an insulting letter or otherwise, to provoke a challenge.—Ibid.

And it is no excuse of such offence that the offender has received provocation.-Ibid.

12. Libels.

The sort of libel here intended is defamatory or contumelious matter maliciously published of any person, in print, writing, signs, or pictures.

There are also blasphemous, obscene, and seditious. libels; but these are noticed under other heads.

To publish falsely and maliciously of any person in writing that he labours under mental derangement is a libel. 2 B. & Cres. 257; 3 Dow. & Ry. 464.

If the writing reflect on the clergy of a particular diocese, it is libellous.-5 Barn. & Ald. 593; 1 Dow. & Ry. 197.

If a writing reflect on the memory and character of the dead, with an intention to bring dishonour on a living descendant, it is libellous.-4 T. R. 126.

It is not a libel to publish a correct copy of the Reports or Resolutions of the two houses of Parliament, or a true account of the proceedings of a Court of Justice, though to the discredit of an individual.-8 T. R. 293.

But this does not apply if the publishing be before the trial is concluded.--2 Atk. 472.

Nor to an account of ex parte proceedings before a police magistrate, though the account be correct.-3 B. & C. 556; 5 Dow. & Ry. 447.

Hanging up, or burning in effigy, to expose an individual to contempt, is an offence of the same nature as libel.4 Bl. Com. 151, n. by Chr.

The communication of a libel to one person is a publication, and therefore sending a libellous private letter amounts to the publishing of a libel so as to support an indictment.-4 Bl. C. 150.

So delivering a libel sealed in one county for the purpose of being opened and published by a third person in another county, is a publication.-4 Barn. & Ald. 95.

The sale of a libel by a servant in the shop is primâ facie evidence of publication against the master.—5 Burr. 2686.

See 38 Geo. III. c. 78, as to proof of publication against printers, &c. of newspapers.

All concerned in composing, writing or publishing a libel, are guilty of a misdemeanor, punishable with fine and imprisonment.-1 Russ. 234.