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Statute 4 Geo. 4, c. 54.] That portion of the statute 4 Geo. 4, c. 54, which relates to threats to kill or murder, or to burn or destroy, was excepted from the repealing statute of 7 and 8 Geo. 4, c. 27, vide ante, 862.

By 4 Geo. 4, c. 54, s. 3, if any person shall knowingly and wilfully send or deliver any letter or writing, with or without any name or signature subscribed thereto, or with a fictitious name or signature, threatening to kill or murder any of his Majesty's subjects, or to burn or destroy his or their houses, outhouses, barns, stacks of grain, hay or straw, or shall procure, counsel, aid, or abet the commission of the said offences, or any of them, or shall forcibly rescue any person being lawfully in custody of any officer or other person, for any of the said offences, every person so offending shall, upon being thereof lawfully convicted, be adjudged guilty of felony, and shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for such term, not less than seven years, as the court shall adjudge, or to be imprisoned only, or to be imprisoned and kept to hard labor, in the common gaol or house of correction, for any term not exceeding seven years.

In a prosecution under this act, the prosecutor must prove, 1, the knowingly and wilfully sending or delivering a letter or writing, with or without any name or signature subscribed thereto, or with a fictitious name or signature; and 2, that it was a letter threatening to kill or murder, &c. No view or intent to extort money is required by this act to constitute the offence.

Proof of the sending or delivering of the letter, &c.] The sending or delivering will be proved in the manner before mentioned, with regard to other threatening letters. Vide ante, p. 863.

Proof that the letter was one threatening to kill or murder, &c.] Whether or not the letter amounts to a threat to kill or murder, &c. within the words of the statute, is a question for the jury. The prisoner was [*867] indicted (under the 27 Geo. 2, c. 15,) for sending a letter to the prosecutor, threatening to kill or murder him. The letter was as follows:

"Sir-I am sorry to find a gentleman like you would be guilty of taking M'Allester's life away for the sake of two or three guineas, but it will not be forgot by one who is but just come home to revenge his cause. This you may depend upon; whenever I meet you I will lay my life for him in this cause. I follow the road, though I have been out of London;

but on receiving a letter from M'Allester, before he died, for to seek revenge, I am come to town.-I remain a true friend to M'Allester,

"J. W."

Hotham, B., left it to the jury to consider whether this letter contained in the terms of it an actual threatening to kill or murder, directing them to acquit the prisoner, if they thought the words might import any thing less than to kill or murder. The jury having found the prisoner guilty, on a case reserved, the judges were of opinion that the conviction was right. Girdwood's case, I Leach, 142; 2 East, P. C. 1121.

The prisoners were indicted on the 27 Geo. 2, c. 15, for sending to the prosecutor the following letter :

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...“ Sir—I am very sorry to acquaint you, that we are determined to set your mill on fire, and likewise to do all the public injury we are able to do you, in all your farms and seteres [lettings] which you are in possession of, without you on next day release that Ann Wood which you put in confinement. Sir, we mention in a few lines, and we hope if you have any regard for your wife and family, you will take our meaning without anything further; and if you do not, we will persist as far as we possibly can; so you may lay your hand at your heart, and strive your uttermost ruin. I shall not mention nothing more to you, until such time as you -find the few lines, a fact, with our respect. So no more at this time from me.

"R. R."

It was proved that this was in the handwriting of one of the prisoners, and that it was thrown by the other prisoner into the prosecutor's yard, whence it was taken by a servant, and delivered to the prosecutor. The prosecutor swore that he had had a share in a mill three years before this letter was written, but had no mill at that time; that he held a farm when the letter was written and came to his hauds, with several buildings upon

On a case reserved, it was agreed by the judges, that as the prosecutor had no such property at the time, as the mill which was threatened to be burnt, that part of the letter must be laid out of the question. As to the rest, Lord Kenyon, C. J., and Buller, J., were of opinion, that the letter must be understood as also importing a threat to burn the prosecutor's farm-house and buildings, but the other judges, not thinking that a necessary construction, the conviction was held wrong, and a pardon recommended. Jepson and Springett's case, 2 East, P. C. 1115.

The prisoners were charged in one count with sending a letter to the prosecutor, threatening to kill and murder him, and in a second count with threatening to burn and destroy his houses, stacks, &c. *The [*868 ] writing was as follows: "Starve Gut Butcher, if you don't go on better great will be the consequence; what do you think you must alter an (or) must be set fire; this came from London. i say your nose is as long rod gffg sharp as a flint 1835. You ought to pay your men." The jury negatived the threat to put the prosecutor to death, but found that the latter threatened to fire his houses, &c. Lord Denman, C. J., had some doubts whether the question ought to have been left to the jury, and whether the latter could be, in point of law, a threatening letter to the effect found. On the case being considered by the judges, they held the conviction good after verdict. Tyler's case, 1 Moo. C. C. 428 (a).

(a) 2 Eng. C. C. 428.

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The offence of accusing, or threatening to accuse of unnatural crimes, whereby property has been extorted, has already been treated of under the title Robbery, see ante, p. 845. Under the present head the offence of accusing, as well of such crimes, as of the other crimes specified in the 7 & 8 Geo. 4, c. 29, s. 8, with a view to extort money, &c. will be considered.

Statute 7 and 8 Geo. 4, c. 29.] By the 7 and 8 Geo. 4, c. 29, s. 8, if any person shall accuse, or threaten to accuse, or shall knowingly send or deliver any letter or writing, accusing, or threatening to accuse, any person of any crime punishable by law with death, transportation, or pillory, or with any assault with intent to commit any rape, or of any attempt or endeavor to commit any rape, or of any infamous crime as hereinafter defined, with a view or intent to extort or gain from such person any chattel, money, or valuable security, every such offender shall be guilty of felony; and being convicted thereof, shall be transported for life, &c.; see ante, p. 863.

Section 9, defines what shall be an infamous crime, viz., buggery, committed either with mankind or beast, and every assault with intent to commit that crime, and every intent or endeavor to commit that crime, and every solicitation, persuasion, promise, or threat, offered or made to any person, whereby to move or induce such person to commit or permit such crime.

[*869] *On a prosecution upon this statute, the prosecutor must prove, 1, the accusing or threatening to accuse, or the knowingly sending or delivering of the letter or writing accusing or threatening to accuse; 2, that the accusation is of the nature specified in the statute; 3, the view or intent to extort or gain; 4, that the matter intended to be extorted or gained was some chattel, money, or valuable security.

Proof of the accusing or threatening to accuse, &c.] The accusation under this statute may either be by word of mouth or in writing, and an actual accusation before a competent authority or otherwise, or a mere threat to make such an accusation, will be sufficient. But if the party has been already accused, threatening to procure witnesses to support that accusation, is not within the statute. "It is one thing to accuse, and an

other to procure witnesses to support a charge already made; this is at most a threat to support it by evidence." Per Bayley, J., Gill's case, York Sum. Ass. 1829, Greenwood's Stat. 191, (n.), 1 Lewin, C. C. 305. An indictment upon the 4 Geo. 4, c. 54, s. 5, (which used the words "threaten to accuse,") charged the prisoners with "charging and accusing J. N., and with menacing and threatening to prosecute J. N." Upon an objection taken, that the indictment had not pursued the statute, Garrow, B., (after consulting Burrough, J.,) was of that opinion. If, he said, the indictment had followed the statute, and it had been proved that the prisoners threatened to prosecute J. N., I should have left it to the jury to say whether that was not a threatening to accuse him. Abgood's case, 2 C. and P. 436 (a).

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It was held that the threatening to accuse under the 7 and 8 Geo. 4, c. 29, s. 7, (now repealed, see ante, p. 854,) in which the same words, accuse or threaten to accuse," were used as in the 8th section, need not have been a threat to accuse before a judicial tribunal, a threat to charge before any third person being enough. Robinson's case, 2 M. and R. 14.

If the accusation or threat to accuse was contained in a letter or writing, the knowingly sending or delivering of such letter or writing must be proved in the manner already pointed out. Vide ante, p. 863.

Proof of the nature of the accusation.] It must be shown that the accusation, made or threatened, was of the nature of those specified in the statute. Where the meaning is ambiguous, it is for the jury to say whether it amounts to the accusation or threat imputed.

Declarations subsequently made by the prisoner are also admissible to explain the meaning of a threatening letter. The prisoner was indicted for sending a letter, threatening to accuse the prosecutor of an infamous crime. The prosecutor, meeting the prisoner, asked him what he meant by sending him that letter, and what he meant by "transactions five nights following," (a passage in the letter.) The prisoner said that the prosecutor knew what he meant. The prosecutor denied it, and the prisoner afterwards said, "I mean by taking indecent liberties with my person." This evidence having been received, and the point having been reserved for the opinion of the judges, *they unanimously resolved [ *870] that the evidence had been rightly received. Tucker's case, 1 Moody, C. C. 134 (b); see also Cain's case, ante, p. 845.

Proof of the view or intent to extort money.] It must appear that the accusation or threat was made, or the letter or writing sent or delivered, with the view or intent to extort or gain from some person some chattel, &c. If the accusation or threat were merely made in passion, and with no view of gain, it would not be within the statute.

Proof of the thing intended to be extorted, &c.] The matter intended to be gained or extorted must be some chattel, money, or valuable security, and it must be proved as laid in the indictment.

(a) Eng. Com. L. Rep. xii. 209. (b) 2 Eng. C. C. 134.,

TRANSPORTATION-RETURNING FROM.

By the 5 Geo. 4, c. 84, s. 22, "if any offender who shall have been, or shall be so sentenced or ordered to be transported or banished, or who shall have agreed, or shall agree, to transport or banish himself or herself on certain conditions, either for life or any number of years, under the provisions of this or any former act, shall be afterwards at large, within any part of his Majesty's dominions, without some lawful cause, before the expiration of the term for which such offender shall have been sentenced or ordered to be transported or banished, or shall have so agreed to transport or banish himself or herself, every such offender, so being at large, being thereof lawfully convicted, [shall suffer death as in cases of felony, without the benefit of clergy]; and such offender may be tried either in the county or place where he or she shall be apprehended, or in that from whence he or she was ordered to be transported or banished; and if any person shall rescue, or attempt to rescue, or assist in rescuing, or in attempting to rescue, any such offender from the custody of such superintendent or overseer, or of any sheriff, or gaoler, or other person conveying, removing, transporting or reconveying him or her, or shall convey, or cause to be conveyed, any disguise, instrument for effecting escape, or arms, to such offender, every such offence shall be punishable in the same manner as if such offender had been confined in a gaol or prison in the custody of the sheriff or gaoler, for the crime of which such offender shall have been convicted; and whoever shall discover and prosecute to conviction any such offender so being at large within this kingdom, shall be entitled to a reward of 201. for every such offender so convicted."

[*871] *By s. 23, in any indictment against any offender for being found at large, contrary to that or any other act now or thereafter to be made, it shall be sufficient to charge and allege the order made for the transportation or banishment of such offender, without charging or alleging any indictment, trial, conviction, judgment, or sentence, or any pardon or intention of mercy, or signification thereof, of or against or in any manner relating to such offender.

By s. 24, "the clerk of the court, or other officer having the custody of the records of the court where such sentence or order of transportation or banishment shall have been passed or made, shall at the request of any person, on his Majesty's behalf, make out and give a certificate in writing, signed by him, containing the effect and substance only (omitting the for'mal part) of every indictment and conviction of such offender, and of the sentence or order for his or her transportation or banishment, (not taking for the same more than 6s. 8d.) which certificate shall be sufficient evidence of the conviction and sentence, or order for the transportation or banishment of such offender; and every such certificate, if made by the clerk or officer of any court in Great Britain, shall be received in evidence, upon proof of the signature and official character of the person signing the same; and every such certificate, if made by the clerk or officer of

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