Challenges to fight. Libels. Moor. 813. 2 Brownl. 150. 1 Hawk. P. C. Moor. 627. 5 Rep. 125. Cod. 9. 36. Challenges to fight, either by word or letter, or to be the bearer of such challenge, are punishable by fine and imprison ment. Libels, or malicious defamations of any person, and especially a magistrate, made public by printing, writing, signs, or pictures, in order to provoke him to wrath, or expose him to public hatred, contempt, and ridicule, are of a nature very similar to challenges. The communication of a libel to any one person is a publication in the eye of the law, and therefore the sending an abusive private letter to a man is as much a libel, in a criminal view, as if it were openly printed. And it is immaterial with respect to the essence of a libel, whether the matter of it be true or false, since the provocation, and not the falsity, is the thing to be punished criminally, though the falsehood of it may aggravate its guilt and enhance its punishment. In a civil action the libel must appear to be false, as well as scandalous, and the truth of the accusation may be pleaded in bar of the suit; but in criminal prosecutions the only points to be inquired into are,—the making or publishing the book or writing, and whether the matter be criminal. If both these points are made out the offence against the public is complete. The punishment is fine and imprisonment. By the law of the twelve tables at Rome, libels which affected the reputation of another were made a capital offence; but before the reign of Augustus the punishment became corporal only. Under the emperor Valentinian it was again made capital, not only to write but to publish, or even to omit destroying them. Our law, in this and many other respects, corresponds rather with the middle age of Roman jurisprudence, when liberty, learning, and humanity, were in their full vigour, than with the cruel edicts that were established in the dark and tyrannical ages of the ancient decemviri, or the later emperors (h). (h) Some alterations in the law of libel will be effected by an act of the present session, 1840, introduced by Lord Denman, but which has not yet received the royal assent. Actions for libels, wherein the damages recovered shall be under 40s. will not carry costs. CHAPTER XII. OF OFFENCES AGAINST PUBLIC TRADE. SMUGGLING, or the offence of importing goods without pay- Smuggling. ing the duties imposed thereon by the laws of the customs and excise, is an offence restrained by a variety of statutes, which inflict pecuniary penalties and seizure of the goods for clandestine smuggling (a), and fix the guilt of felony upon more (a) By 3 & 4 Wm. 4, c. 53, s. 2, certain vessels belonging to her majesty's subjects, or whereof half the persons on board are subjects of her majesty, and foreign vessels found within certain distances of the coast of the united kingdom, or of Guernsey, Jersey, Alderney, Sark, or Man, with certain goods on board, are forfeited, together with the goods. By s. 3, any vessel or boat arriving within any port of the united kingdom, having prohibited goods on board, or attached thereto, are, with the goods, forfeited, unless without the knowledge of the master or owner, and without any neglect. By s. 4, the cases are defined in which vessels shall not be forfeited for having on board tobacco, snuff, spirits, tea, or segars. By s. 5, vessels belonging to her majesty's subjects, or having one-half of the persons on board subjects of her majesty, throwing overboard any goods during chase, are forfeited, and persons escaping are deemed subjects. By s. 6, vessels in port, with a cargo, and afterwards found in ballast, and the cargo unaccounted for, are forfeited. By s. 7, regulations are prescribed as to vessels sailing from Guernsey, Jersey, &c. By s. 8, vessels, on being chased by vessels or boats of the navy, or in the preventive service, are to bring to, and on failure of doing so, may be fired into. By s. 10, vessels and boats used in removal of run goods, are to be forfeited. By s. 14, British vessels having secret places for concealing, or devices for running goods, and foreign vessels not square rigged, having goods in secret places, are forfeited. By s. 15, goods concealed on board are forfeited, and all goods packed therewith. By s. 29, spirits and tobacco found without a permit, are to be deemed unshipped, without payment of duty, unless the party shall prove to the contrary. By s. 30, restricted goods are to be deemed run goods, for the purpose of proceeding for forfeiture. By s. 31, prohibited goods shipped or waterborne, with intent to be exported, &c., are to be forfeited, with all goods packed therewith. By ss. 34 and 35, vessels and persons on board may be searched if there be reason to suspect goods are concealed on board, or about their persons; but before persons are searched, they may require to be taken before a justice, or officer of the customs, to determine the grounds of suspicion. By s. 38, houses may be searched for prohibited goods, and doors broken open, and packages seized. By s. 40, officers of excise may, on probable cause, stop carts, &c., and search for goods, which, by s. 42, may be retained until trial of persons charged with stealing them, if such goods should prove to have been feloniously stolen. By s. 43, commissioners of the treasury, or of the customs or excise, may restore seizures, and mitigate or remit penalties. By s. 72, no persons, except officers, are to take up spirits in small casks sunk or floating on the sea. By s. 89, where any offence shall be committed, any justices shall have jurisdiction to hear and determine the same. By s. 90, a magistrate of an adjoining county, with one of the county where the offence was committed, may hear informations. By s. 91, writs of certiorari and writs of habeas corpus are not to be issued, except on an Fraudulent bankruptcy. Usury. open, daring, and avowed practices; but the last of them is for this purpose instar omnium (b). Another offence against public trade is fraudulent bankruptcy, before spoken of (c). It is an offence against public trade, and punishable accordingly, if a prisoner charged in execution for any debt, neglects or refuses, on demand, to discover and deliver up his effects for the benefit of his creditors (d). Usury is an unlawful contract upon the loan of money, to receive the same again with exorbitant increase. The statute 12 Ann. st. 2, c. 16, reduced interest to five per cent. (e). If any scrivener or broker takes more than 5s. per cent. procuration money, or more than twelvepence for making a bond, he shall forfeit 20%. with costs, and suffer imprisonment for half a year. And by 17 Geo. 3, c. 26, to take more than 10s. per cent. for procuring any money to be advanced on any life affidavit, and justices may amend informations, warrants of commitment, and convictions. By s. 122, indictments or informations may be tried in any county in England when the offence is committed in England. (b) By 3 & 4 Wm. 4, c. 53, s. 58, three or more armed persons assembled to assist in the illegal landing of any goods, or in the rescuing of goods seized, are to be deemed guilty of felony, and to suffer death. By s. 59, persons shooting at any boat belonging to the navy, or in the service of the revenue, are to be deemed guilty of felony, and to suffer death. By s. 60, any person in company with more than four others, having prohibited goods, liable to forfeiture, or in company with one other person within five miles of the sea coast, or of any navigable river leading therefrom, with such goods, and carrying offensive arms or weapons, or disguised in any way, every such person shall be guilty of felony, and, on conviction, be transported for seven years. By s. 61, persons assaulting officers by force or violence may be transported. (c) See ante, p. 283. By 6 Geo. 4, c. 16, s. 112, a bankrupt not surrendering himself, and submitting to be examined, or refusing to discover his estate and effects, or not delivering up his goods, books, and writings, or concealing or embezzling his effects to the value of 10l. to defraud his creditors, is guilty of felony, and liable to be transported for life, or for not less than seven years, or to be imprisoned for not less than seven years. (d) By 1 & 2 Vict. c. 110, s. 98, where any prisoner, whose discharge has been adjudicated under this act, and whose assistance may be necessary to adjust, make out, recover, or manage his estate or effects for the benefit of his creditors, the assignees may apply to the insolvent court, that such person may be further examined, either by the court, or a commissioner thereof, or by a justice of the peace; and if the prisoner shall refuse or neglect to appear, or shall refuse to be sworn, or to answer questions as to the discovery of his estate and effects, such prisoner shall be committed to the common jail of the place until he shall submit himself to be examined, and answer such questions as shall be put to him. By s. 99, persons wilfully omitting any thing in their schedule are guilty of a misdemeanor, and liable to three years' imprisonment. By s. 78, a prisoner's discharge may be delayed three years when he has withheld, destroyed, or falsified any books, papers, &c. (e) See the recent enactments, repealing the usury laws with respect to loans on bills of exchange and promissory notes payable within twelve months, ante, p.273. annuity, is made an indictable misdemeanor, and punishable (f) See now the act 53 Geo. 3, c. 141. (g) By 5 Geo. 4, c. 74, ascertaining and establishing uniformity of weights and measures, it is enacted, that the straight line, or distance, between the centres of the two points in the gold studs, in the straight brass rod, now in the custody of the clerk of the house of commons, whereon the words and figures "standard yard, 1760," are engraved, shall be the original and genuine standard of that measure of length, or lineal extension, called a yard; and the same straight line, or distance, between the centres of the said two points in the said gold studs, in the said brass rod, the brass being at the temperature of 62 degrees, by Fahrenheit's thermometer, shall be the "imperial standard yard,” and shall be the unit or only standard measure of extension, wherefrom or whereby all other measures of extension whatsoever, whether the same be lineal, superficial, or solid, shall be derived, computed, and ascertained; and all measures of length are to be taken in parts, or multiples, or certain proportions of the said standard yard; and one-third part of the said standard yard is a foot, and the twelfth part of such foot is an inch; and the pole, or perch in length shall contain five and a half such yards; the furlong two hundred and twenty such yards, and the mile one thousand seven hundred and sixty such yards. By s. 2, all superficial measure shall be computed and ascertained by the said standard yard, or by certain parts, multiples, or proportions thereof; and the rood of land shall contain one thousand two hundred and ten square yards, according to the said standard yard; and the acre of land shall contain four thousand eight hundred and forty such square yards, and being one hundred and sixty square perches, poles, or rods. By s. 4, the standard brass weight, of one pound troy weight, made in 1758, now in the custody of the clerk of the house of commons, shall be the original and genuine standard measure of weights, and such brass weight shall be denominated the imperial standard troy pound, and shall be the unit or only standard measure of weight from which all other weights shall be derived, computed, and ascertained; and one-twelfth part of the said troy pound shall be an ounce; and one-twentieth part of such ounce a pennyweight; and one twenty-fourth part of such pennyweight a grain; so that five thousand seven hundred and sixty such grains shall be a troy pound; and seven thousand such grains a pound avoirdupois; and one-sixteenth part of such pound avoirdupois, an ounce avoirdupois; and one-sixteenth part of such ounce a drachm. By s. 6, the standard measure of capacity, as well for liquids as for dry goods, not measured by heaped measure, shall be the gallon, containing ten pounds avoirdupois weight of distilled water, weighed in air, at the temperature of 62 degrees of Fahrenheit's thermometer, the barometer being at thirty inches; and a measure made of brass, of such contents as aforesaid, under the directions of the commissioners of the Treasury, shall be the imperial standard gallon, and shall be the unit and only Any deceitful practice in cozening another by artful means, in matters of trade, or by playing with false dice, or the like, is punished with fine and imprisonment. And by 33 Hen. 8, standard measure of capacity, from which all other measures of capacity, to be used as well for wine, beer, ale spirits, and all sorts of liquids, as for dry goods not measured by heap measure, shall be derived, computed and ascertained; and all measures are to be taken in parts, or multiples, or certain proportions of the said imperial standard gallon; and the quart is to be the fourth part of such standard gallon, and the pint one-eighth of such standard gallon, and two such gallons a peck, and eight such gallons a bushel, and eight such bushels a quarter of corn, or other dry goods, not measured by heap measure. By s. 9, any contracts, bargains, sales, and dealings made or had, for or with respect to any coals, culm, lime, fish, potatoes, or fruit, and all other goods and things commonly sold by heaped measure, to be sold, delivered, done, or agreed for, by weight or measure, may be either according to the said standard of weight, or the said standard for heaped measure; but all contracts, bargains, sales, and dealings, made or had for any other goods, wares, or merchandize, or other thing done or agreed for, or to be sold, delivered, done, or agreed for by weight or measure, shall be made and had according to the said standard of weight, or to the said gallon, or the parts, multiples, or proportions thereof; and in using the same measures shall not be heaped, but shall be stricken with a wand, stick or roller, straight, and of the same diameter from end to end. By s. 15, all contracts, bargains, sales, and dealings which shall be made or had within any part of Great Britain, for any work to be done, or for any goods, wares, merchandize, or other thing to be sold, delivered, done, or agreed for, by weight or measure, where no special agreement shall be made to the contrary, shall be deemed to be made and had according to the standard weights and measures ascertained by this act. By 5 & 6 Wm. 4, c. 63, repealing 4 & 5 Wm. 4, c. 49, after reciting 5 Geo. 4, c. 74. By s. 4 superintending officers may verify and stamp weights and measures of other form than those prescribed by 5 Geo. 4, c. 74. By s. 6 the measure called the Winchester bushel, and all other local and customary measures, are abolished. By s. 7 heaped measure is abolished. By s. 8 all articles (as lime, fish, potatoes, and fruit) theretofore sold by heaped measure, are now to be sold by a bushel measure, similar to the bushel prescribed by 5 Geo. 4, c. 74, or by any multiple or aliquot part, filled in all parts as nearly to the level of the brim as the size and shape of the articles sold will admit; but nothing is to prevent the sale by weight of any article sold by heaped measure. By s. 9 coals, slack, culm, and cannel are to be sold by weight and not by measure, and persons selling the same by measure are liable to a penalty of forty shillings. By s. 10 all articles sold by weight shall be sold by avoirdupois weight, except gold, silver, platina, diamonds, or other precious stones, which may be sold by troy weight, and drugs, which when sold by retail may be sold by apothecaries' weight. By s. 11 the stone weight shall be fourteen standard pounds avoirdupois, and the hundred weight eight such stones, and the ton twenty such hundred weight. But nothing shall prevent any sale by any multiple or aliquot part of the pound weight. By s. 12 the contents of weights and measures must be stamped on them. By s. 13 no weights made of lead or pewter shall be stamped or used. By s. 14 provisions are made for ascertaining rents or tolls payable in grain, malt, or other commodity. By s. 17 copies of the imperial standards are to be furnished by order of the quarter sessions; and this section provides for the appointment of district inspectors of weights and measures. By s. 21 magistrates are to procure stamps for inspectors for stamping weights, &c. under this act; and persons using measures not authorized by the act are |