T. M., in the form of a letter to the said D. E. directed, did then and there maliciously and unlawfully write and cause to be written, and which said letter was to the tenor and effect following, that is to say [here set forth the letter with proper inuendos to explain it], which said challenge, so as aforesaid written and directed, he the said T. M. afterwards, to wit, on the said, &c. at, &c. aforesaid, maliciously and unlawfully, to the said D. E. did send and deliver, and cause to be sent and delivered, to the great damage and terror of him the said D. E. to the evil example, &c. and against the peace, &c.

Indictment for sending a Written Challenge to Prosecutor, and posting him as a Coward, by sticking up a Written Paper in a Public Place, in consequence of Prosecutor's declining to fight a Duel.

That H. H., late of, &c., designing and intending to do great bodily harm and mischief to one R. B., heretofore, to wit, on, &c. with force and arms, at, &c. did unlawfully, wickedly, and maliciously send and cause to be sent a certain written challenge to the said R. B. and did thereby provoke, excite, and challenge the said R. B. unlawfully to fight a duel with and against him the said H. H., which said written challenge is as follows: that is to say [here set out the challenge]. And the jurors, &c., that the said R. B., having then and there refused to fight with and against him the said H. H., in pursuance of such unlawful challenge as aforesaid, he the said H. H. for the completing his said evil disposed purpose and design, and further to provoke and incite the said R. B. to fight a duel with and against him the said H. H. afterwards, to wit, on, &c., with force and arms, at, &c., aforesaid, unlawfully, wickedly, and maliciously did stick up, place, and expose to public view, and cause and procure to be stuck up, placed, and exposed to public view, to wit, upon and against a certain sign-post, of and belonging to a certain dwelling-house and public inn there, called and known by the name and sign of the White Swan, a certain paper writing, with the name of him the said H. H. thereunto subscribed, containing certain scurrilous and abusive matter concerning him the said R. B., which said paper writing is as follows: that is to say, “In consequence of an anonymous letter received by me (meaning himself the said H. H.), which I (again meaning himself the said H. H.) have reason to believe was written by R. B. (meaning the said R. B.) I (meaning himself the said H. H.) have sent him (meaning the said R. B.) a challenge, hoping for satisfaction suitable to a gentleman, which he (meaning the said R. B.) has refused; therefore I (meaning himself the said H. H.) now post him (meaning the said R. B.) as a coward. H. H.-M. Nov. 10th, 1800," to the great damage, scandal, and disgrace of the said R. B., and against the peace, &c.

And the jurors, &c., that the said H. H. unlawfully, wickedly, and maliciously designing and intending great bodily harm to the said R. B. afterwards, to wit, on, &c., aforesaid, at, &c., aforesaid, with force and arms, did unlawfully, wickedly, and maliciously provoke, excite and challenge the said R. B. unlawfully to fight a duel with and against him the said H. H., to the great damage of him the said R. B., and against the peace, &c.

Indictment against a Person who carried a Challenge.

That W. R. late of, &c., intending to procure great bodily harm and mischief to

be done to R. B. late of the same place, Esquire, and to incite and provoke the said R. B. unlawfully to fight a duel with and against one H. H., late of the same place, Esquire, on, &c., with force and arms, at, &c., did unlawfully and wickedly deliver and cause to be delivered, a certain written challenge of and from the said W. R. to the said R. B., unlawfully to fight a duel with and against the said H. H., which said written challenge is as follows, that is to say, [here set out the written challenge,] against the peace, &c.

And the jurors, &c., that the said W. R. intending as aforesaid, afterwards, to wit, on, &c., aforesaid, with force and arms, at, &c. aforesaid, unlawfully and wickedly did deliver and cause to be delivered a certain written challenge as from and on the part and by the desire of the said H. H. to the said R. B., unlawfully to fight a duel with and against the said H. H., which said written challenge is as follows, that is to say [here set out the written challenge], against the peace, &c. And the jurors, &c., that the said W. R. intending as aforesaid, afterwards to wit, on, &c., with force and arms, at, &c., did unlawfully and wickedly provoke, and incite the said R. B. unlawfully to fight a duel with and against the said H. H., against the peace, &c.

For a Personal Challenge to fight a Duel.

That R. R. late of, &c., unlawfully and maliciously contriving and intending not only to vex, injure, hurt, disquiet, and terrify O. B., but also to expose the said O. B. to scandal, shame, and reproach, and to cause, instigate, incite, and provoke the said O. B. to fight a duel with him the said R. R., and thereby to cause the said O. B. to break the peace of our said lady the Queen, he the said R. R. on, &c., with force and arms, at, &c., aforesaid, did unlawfully, wickedly, and maliciously, and in the presence and hearing of him the said O. B. in a threatening manner, tell him the said O. B. that he (meaning the said R. R.) had been told by Mr. M. (meaning one T. M. of, &c. in the county of - -) that he (meaning the said O. B.) had taken great liberties with the character of him the said R. R., and upon the said O. B. then and there assuring the said R. R. that such information was not true, he the said R. R. did then and there in a threatening manner as aforesaid further tell him the said O. B. that he (meaning the said O. B.) must come before the said Mr. M. (again meaning the said T. M.) to contradict it, but on the said O. B. then and there refusing so to do, the said R. R. did then and in a threatening manner, as aforesaid, further tell him the said O. B. that he (meaning himself the said R. R.) expected personal satisfaction from him (meaning the said O. B.) as soon as possible, in the same manner as he (meaning himself the said R. R.) had lately received satisfaction of and from Mr. P. (meaning one S. P.) with whom he (meaning himself the said R. R.) had recently fought a duel; with an intent to instigate, incite, move, and provoke the said O. B. to fight a duel with him the said R. R. as aforesaid, and thereby to cause the said O. B. to break the peace of our said lady the Queen as aforesaid, against the peace, &c.

For writing a Letter inciting another to send a Challenge to

fight a Duel.

That A. B. late of, &c., unlawfully and maliciously intending to do great bodily harm and mischief to D. H., and to break the peace, &c., on, &c., with force and

day of

arms, at, &c. wickedly and maliciously did endeavour to stir up, provoke, and excite the said D. H. to challenge the said A. B. to fight a duel with him the said D. H., by then and there writing, sending and delivering to him, D. H., a scandalous, malicious, and provoking letter from the said A. B. to the said D. H. to the tenor and effect following. viz. No. 28, street 18-,"Sir, (meaning the said D. H.) it will, I (meaning the said A. B.) conclude, from the description you gave of your ideas with respect to insult, in a conversation with Mr. - on Monday last, be sufficient for me to tell you, that in the business respecting the last election of a mayor for the borough of - as far as it relates to me, you have behaved like a blackguard; I shall expect to hear from you on this subject, and will punctually attend to any appointment you may think proper to make." (Meaning that the said A. B. would punctually attend to any appointment that the said D. H. might think proper to make for the purpose of his fighting a duel with and against the said D. H.) signed by the said D. H.; with intent to stir up, provoke, and excite the said D. H. to challenge the said A. B. to fight a duel with him, against the peace, &c. (j)

SECTION V.

CHEATS AND FALSE PRETENCES.

1. Cheats at common law.

2. False pretences by statute.

1. Cheats at Common Law.]-A mere private imposition short of felony, and effected by a naked lie, without the association of artful device, or false token, voucher, order, &c. is not indictable as a cheat at common law, unless it is public in its nature, and calculated to defraud numbers, or to injure the crown or the public in general (k). For in other cases prudence and caution would supply sufficient security (7); but the selling by false weights and measures, though to one person only, or producing false tokens, or taking other like methods to cheat, which cannot be guarded against by ordinary care, were always held indictable offences (m).

Such are the following among other frauds :-Those affecting the administration of public justice, as counterfeiting a creditor's authority to discharge his debtor from prison (though, if genuine, it would be good), whereby his liberation was effected (n), or endangering the

(j) Taken from R. v. Phillips, 6 East, 464.

(k) 1 East, P. C. 817, 821, ante, p. 290; and see 10 Ad. & E. 37; 2 Per. & Da. 334. Per Lord Denman.

() 1 Hawk. c. 71. s. 2; 2 East, P. C. 818; R. v. Gibbs, 1 East, R. 185.

(m) See R. v. Wheatley, 1 Bla. R. 273; 2 Burr. 1125, S. C.; cited 6 T. R. 565; 10 Ad. & E. 37; R. v. Young, 3 T. R. 104. Per Buller, J.

(n) R. v. Fawcett, 2 East, P.C. 826,

862.

public health by selling unwholesome provisions, unfit for the food of man, whether to the public generally (o), or under a contract with government for supplies to particular bodies, as foreign prisoners of war under the king's protection (p), or the military asylum at Chelsea (q). Frauds calculated to affect all persons, as selling by false weights and measures (r), counterfeiting tokens of public authenticity, as the alnager's seal on cloth, while those duties remained unrepealed by 11 & 12 W. III. c. 20, s. 2 (s), playing with false dice (t), obtaining money from a soldier on a false pretence of having a power to discharge him (u), or getting the king's bounty by enlisting as a soldier, being an apprentice, liable to be retaken by a master (v).

The following are some instances of frauds on individuals, which, not being effected in the course of general practice, or by means generally calculated to injure the public, are not indictable at common law: selling a smaller as and for a larger quantity of an article, if without using false weights or measures: this being a deception which could not have taken effect but for the buyer's carelessness in accepting without measuring (w). The like where a miller who had received good barley to grind, delivered in return meal of musty and unwholesome barley, or of barley mixed with other grain, but not for the food of man, and the mill not being a soke mill, to which certain residents were obliged to resort to grind their corn (x). Obtaining money of another by pretending to come by command of another to receive money or the like in his name (y). Detaining part of corn sent to be ground (z). Getting possession of purchased articles by delivering an order for payment of the price purporting to be a draft on a banker, the party knowing he had no cash there, nor authority to draw, and that it would not be paid (a).

(0) R. v. Treeve, 2 East, P. C. 821. (p) Id. ibid.

(q) R. v. Dixon, 2 Campb. 12; 3 M. & S. 11, S. C.

(r) R. v. Wheatley, 1 Bla. R. 273; 2 Burr. 1125, S. C., overruling R. v. Wood, 1 Sess. Ca. 217; R. v. Young, 3 T. R. 104.

(s) R. v. Edwards, Tremaine's P. C. 103.

(t) R. v. Leeser, Cro. Ja. 497. (u) Serlested's ca. Latch, 202. As to this case, see 6 East, 141.

(v) R. v. Joseph Jones, 2 East, P. C.

822; 1 Leach, 174, S. C. See p. 320. Also 7 W. IV. and 1 Vic. c. 17, s. 40; c. 18, s. 37; and the annual mutiny acts.

(w) R. v. Wheatley, 2 Burr. 1125 (the beer case); Cowp. 324; East, P. C. 817, 819.

(x) R. v. Haynes, 4 M. & S. 220. See 6 East, 133; 4 M. & S. 220.

(y) R. v. Jones, 2 Ld. Raym. 1013; Salk. 379; 6 Mod. 105, S. C. See 1 Hawk. c. 71, s. 2; 2 East, P. C. 818. (z) Channel's case, Stra. 793. (a) Post, p. 316.

Indictments for Cheats at Common Law.

Indictment for selling by false Weights and Measures.

That A. B. late of, &c. on, &c. and from thence until the taking this inquisition, did use and exercise the trade and business of a grocer, and during that time did deal in the buying and selling by weight of [tea, &c.] and of divers other goods, wares, and merchandizes, to wit, at, &c. aforesaid; and that the said A. B. contriving and fraudulently intending to cheat and defraud the subjects of our said lady the Queen, whilst he used and exercised his said trade and business, to wit, on, &c. and on divers other days and times between that day and the day of taking of this inquisition, at, &c. aforesaid, did knowingly, wilfully, falsely, fraudulently, and deceitfully keep in a certain shop there, wherein he the said A. B. did so as aforesaid carry on his said trade, a certain false pair of scales for the weighing of goods, wares, and merchandizes, by him sold in the way of his said trade, which said scales were then and there by artful and deceitful contrivance so made and constructed, as to cause every quantity of goods, wares, and merchandizes weighed therein and sold thereby, to appear of greater weight than the real and true weight by one tenth part of such apparent weight; and that the said A. B. on, &c. aforesaid, at, &c. aforesaid, (he the said A. B. then and there well knowing the said scales to be false, as aforesaid,) did knowingly, wilfully, and fraudulently sell and utter to one C. D. (c) a subject of our said lady the Queen, certain goods in the way of his said trade, to wit, a large quantity of tea weighed in and by the said false scales, and as and for ten pounds weight of tea, whereas in truth and in fact the weight of the said tea so sold, as aforesaid, was short and deficient of the said weight of ten pounds by one tenth part of the said weight of ten pounds, to wit, at, &c. aforesaid, against the peace

&c.

Punishment.]-The punishment for frauds indictable at common law is fine and imprisonment, in the discretion of the court.

2. False Pretences by Statute.]-The principal statute for the punishment of obtaining money and goods under false pretences, was, till lately, 30 G. II. c. 24, extended to securities by 52 G. III. C. 64; but these acts have been repealed by 7 & 8 G. IV. c. 27, and replaced by the more comprehensive provisions of 7 & 8 G. IV. c. 29, s. 53, which enacts, "That if any person shall, by any false pretence, obtain from any other person any chattel, money, or valuable security, with intent to cheat or defraud any person of the same, every such offender shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine

(c) It is better to allege the offence to have been committed against some individual by name, but it would be suffi cient (if such were the fact, but not

otherwise) that it should be laid to be against "divers subjects," or "divers subjects to the jurors unknown." 2 Stark. Crim. Pl. 467.