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 Bl. 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.

Provided there be a publication of the libel; but not otherwise. Ibid.

It has been decided that a justice of the peace has authority to grant a warrant to arrest a person charged with the publication of a libel, and upon the person neglecting to find sureties, may commit him to prison, there to continue till delivered by due course of law.-1 Brod. & Bing. 548.

The Court of King's Bench will not grant an information for a libel unless the prosecutor who applies for it makes an affidavit asserting directly and pointedly that he is innocent of the charge.-4 Bl. C. 151, n. by Chr.

But this rule may be dispensed with if the person libelled resides abroad, or if the charges are general and indefinite, or if it is a charge against the prosecutor for language he has held in parliament.—Ibid.

By 32 Geo. III. c. 60, entitled "An Act to remove doubts respecting the functions of Juries in cases of Libels," it is declared and provided, that on every trial of an indictment or information for a libel, upon the plea of not guilty, the jury may give a general verdict of guilty or not guilty upon the whole matter in issue, and shall not be required or directed by the judge to find the defendant guilty merely on the proof of the publication of the paper charged to be a libel, and of the sense ascribed to it on the record. But the statute provides that the judge may give his opinion to the jury respecting the matter in issue, and the jury may at their discretion (as in other cases) find a special verdict; and the defendant, if convicted, may move the court (as before the statute) in arrest of judgment.

The truth of the libellous matter is no defence, but it is in many instances considered as an extenuation.-4 Bl. C. 151, n. by Chr.

When the defendant, after conviction for libel, is brought up for judgment, he cannot in mitigation of punishment read affidavits alleging that the prosecutor was guilty of the crimes imputed.-9 Barn. & Cres. 65.

He may, however, in mitigation, read his own affidavit,

stating that at the time of publishing he believed the charges to be true, and setting forth reasonable grounds for that belief.-Ibid.

And affidavits may be read for him in mitigation, or against him in aggravation, grounded on the course of conduct he has pursued subsequently to conviction.— 3 T. R. 432.

By 60 Geo. III. and 1 Geo. IV. c. 9, s. 16, if a person charged with printing or publishing any blasphemous, seditious, or malicious libel, be brought up to give bail, the court, judge, or justice of the peace, may make it part of the condition of the recognizance, that he shall be of good behaviour during the continuance of the recognizance.

CHAPTER X.

OF OFFENCES AGAINST PUBLIC TRADE.

1. Smuggling,

THIS offence consists in importing or exporting goods without paying the duties imposed thereon by the laws of the customs and excise, or of which the importation or exportation is prohibited.-1 Russ. 117.

By 3 & 4 W. IV. c. 53, (intituled an act for the prevention of smuggling,) sect. 8, vessels liable to seizure or examination not bringing to on being required during chase, may be fired into, after first firing a gun as a signal.

By sects. 32 and 34, vessels and goods liable to forfeiture may be seized, and full-pay officers of the army, &c. or officers of customs, may search any vessels within the limits of the British port and persons on board or landing from the same; and every person obstructing them shall forfeit £100.

By sect. 38, officers of customs, with writs of assistance and with a constable, &c. may in the day-time enter any house, &c. and, in case of resistance, break open doors, &c. to search for and seize uncustomed and prohibited goods, and secure the same, &c.

By sect. 53, persons after sunset and before sunrise, between 21st September and 1st April, or after eight in the evening or before six in the morning, at any other time of the year, making signals to any smuggling vessels, shall be guilty of a misdemeanor, and liable to a fine of £100, or imprisonment, not exceeding one year, and hard labour in the common gaol or house of correction.