description of the picture as will manifestly show its indecency], to the manifest corruption of the morals of the young, and of other liege subjects of our said Lord the King, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

[See another Precedent, 1 Cox, C. C. 229; and also sect. 7 of the Law of Libel Amendment Act, 1888, post, p. 792.]

A.D.

-, in the of the liege subjects

The jurors for our Lord the King upon their oath present that A. B., being a wicked, malicious, seditious, and evil-disposed person, and wickedly, maliciously, and seditiously contriving and intending the peace of our Lord the King and of this realm to disquiet and disturb, and the liege subjects of our said Lord the King to incite and move to hatred and dislike of the person of our said Lord the King and of the government established by law within this realm, and to incite, move, and persuade great numbers of the liege subjects of our said Lord the King, to insurrections, riots, tumults, and breaches of the peace, and to prevent by force and arms the execution of the laws of this realm and the preservation of the public peace, on the - day of presence and hearing of divers, to wit, of our said Lord the King then assembled together, in a certain speech and discourse by him the said A. B. then addressed to the said liege subjects so then assembled together, as aforesaid, unlawfully, wickedly, maliciously, and seditiously did publish, utter, pronounce, and declare with a loud voice of and concerning the government established by law within this realm, and of and concerning our said Lord the King, and the crown of this realm, and of and concerning the liege subjects of our said Lord the King, committing and being engaged in divers insurrections, riots, and breaches of the public peace, amongst other words and matter, the false, wicked, seditious and inflammatory words and matter following, that is to say :-[Here set out the seditious words verbatim]: in contempt of our said Lord the King in open violation of the laws of this realm, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

No. 76.

Indictment for Defamatory Words spoken to a Magistrate in the execution of his Duty.

Middlesex, to wit.

day of

The jurors for our Lord the King upon their oath, present, that heretofore, to wit, on the in the year of our Lord one A. B. was brought before C. D., Esquire, then and yet being one of the justices of our said Lord the King, assigned to keep the peace of our said Lord the King in and for the county of Middlesex, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county; and the said A. B. was then charged before the said C. D., upon the oath of one E. F., that he, the said A. B., had then lately before feloniously taken, stolen, and taken away divers goods and chattels of the said E. F. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B., being a scandalous and ill-disposed person, and wickedly and maliciously intending and contriving to scandalize and vilify the said C. D. as such justice as aforesaid, and to bring the administration of justice in this kingdom into contempt, afterwards, and whilst the said C. D., as such justice as aforesaid, was examining and taking the depositions of divers witnesses against him the said A. B., in that behalf, to wit, on the day and year aforesaid, wickedly and maliciously, in the presence and hearing of divers good and liege subjects of our said Lord the King, did publish, utter, pronounce, declare, and say with a loud voice to the said C. D., and whilst he the said C. D. was so acting as such justice as aforesaid, the false, wicked, malicious, and seditious words and matter following, that is to say: [Here set out the seditious words verbatim]; to the great scandal and reproach of the administration of justice in this kingdom, to the great scandal and damage of the said C. D., in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

No. 77.

Indictment for a Libel on a Private Individual at Common Law. , to wit.

The jurors for our Lord the King, upon their oath, present that [before and at the time of the committing of the offence

; and

hereinafter mentioned, one C. D. was, and still is, a solicitor of the Supreme Court, and exercised and carried on the profession or business of such solicitor at in the county of that] A. B. being a person of an evil and wicked mind, and wickedly, maliciously, and unlawfully contriving and intending to injure, vilify, and prejudice the said C. D., and to bring him into public contempt, scandal, infamy, and disgrace, and to deprive him of his good name, fame, credit, and reputation [in his said profession and business, and otherwise to injure and aggrieve him therein], on the day of in the year of our Lord wickedly, maliciously, and unlawfully did write and publish, and cause and procure to be written and published, [in the form of a letter directed to one E. F.,] of and concerning the said C. D. [and of and concerning him in his said profession and business, and of and concerning his conduct and behaviour therein], the false, scandalous, malicious, and defamatory words following, that is to say:- [Here set out the libel verbatim, with all necessary innuendoes], to the great damage, scandal, and disgrace of the said C. D. [in his said profession and business], to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

[See another Precedent, 2 Cox, C. C. App. xxix.]

day of

The jurors for our Lord the King, upon their oath, present that before the committing of the offence hereinafter mentioned to wit, on the John Batchelor, of Penarth, in the county of Glamorgan, died, and that Thomas Henry Ensor, being a person of an evil and wicked mind, wickedly, maliciously and unlawfully designing and intending to injure and defame the character, reputation and memory of the said John Batchelor, and to vilify and to throw scandal upon his family and posterity, and to bring them into public contempt and infamy, and to stir up the hatred and ill-will of the subjects of our Lord the King against them, and to deprive them of their good name, fame, and reputation, and to provoke them to a breach of the peace, on the day of

-, wilfully, maliciously and unlawfully did write

and publish, and cause and procure to be printed and published * of and concerning the said John Batchelor, his family and posterity, the false, scandalous, malicious and defamatory words following, that is to say:-" Suggested epitaph for the Batchelor statue" [Here copy the libel verbatim], to the scandal and reproach of the name and memory of the said John Batchelor, to the great damage and disgrace of his family and posterity, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.

* In the case of R. v. Ensor, (1887) 3 Times L. R. 366, four of the counts ran thus:-"A false, scandalous, and defamatory libel, having a tendency to cause a breach of the peace, and which on the 27th day of July, 1886, did cause a certain breach of the peace, to wit, an assault by one Cyril Batchelor and one Llewellyn Batchelor upon one Henry Lascelles Carr at Cardiff, in the county of Glamorgan, in the form of a letter or newspaper paragraph delivered and read by the said T. H. Ensor to John Henry Taylor, James Harris, Henry Lascelles Carr, and divers other persons at Cardiff aforesaid, according to the tenor and effect following, that is to say." These words were inserted because in that case an assault had actually followed the libel; but they are not essential to an indictment for such an offence. Where there has been no assault the defendant is still criminally liable if there be other evidence of a criminal intent.

No. 79.

Indictment under Sect. 4 of Lord Campbell's Act.

[Commence as in precedent No. 77; then set out the libel with all necessary innuendoes, and conclude as follows]:-he, the said A. B., then well knowing the said defamatory libel to be false; to the great damage, scandal, and disgrace of the said C. D., to the evil example of all others in the like case offending, against the form of the statute in such case made and provided, and against the peace of our Lord the King, his crown and dignity.

No. 80.

Indictment under Sect. 5 of Lord Campbell's Act.

[This will precisely follow the preceding form, merely omitting the words:" he, the said A. B., then well knowing the said defamatory libel to be false."]

O.L.S.

3 c

For a precedent of indictment for sending a threatening letter, see 1 Cox, C. C. App. xi.

No. 81.

Demurrer to an Indictment or Information.

And the said A. B., in his own proper person, cometh into Court here, and, having heard the said indictment [or information] read, saith, that the said indictment [or information] and the matters therein contained, in manner and form as the same are above stated and set forth, are not sufficient in law, and that he the said A. B. is not bound by the law of the land to answer the same; and this he is ready to verify: wherefore, for want of a sufficient indictment [or information] in this behalf, the said A. B. prays judgment, and that by the Court he may be dismissed and discharged from the said premises in the said indictment [or information] specified.

[See Crown Office Rules, 1886, Form No. 80.]

No. 82.

Joinder in Demurrer.

And J. N., who prosecutes for our said Lord the King in this behalf, saith, that the said indictment [or information] and the matters therein contained, in manner and form as the same are above stated and set forth, are sufficient in law to compel the said A. B. to answer the same; and the said J. N., who prosecutes as aforesaid, is ready to verify and prove the same, as the Court here shall direct and award: wherefore, inasmuch as the said A. B. hath not answered to the said indictment [or information], nor hitherto in any manner denied the same, the said J. N., for our said Lord the King, prays judgment, and that the said A. B. may be convicted of the premises in the said indictment [or information] specified.

No. 83.

Pleas to an Indictment.

R. v. NIBLETT.

"At the assizes and general delivery of the Queen's gaol for the county of Berkshire, holden in and for the said county on the fourth