and profession of an attorney, and to cause him to be esteemed and taken to be negligent and corrupt practiser in his said profession, and to be a person not fit to be intrusted and employed therein, afterwards, to wit, on the 10th day of August, in the year last aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, falsely, wickedly, and maliciously did write and publish, and cause and procure to be written and published, in the form of a letter directed to the said A. C., a certain false, wicked, malicious, and scandalous libel of an concerning the said J. N., and of and concerning his conduct in his business and profession of attorney, and of and concerning the said action, so commenced and prosecuted against the said J. S. by the said J. N., for and as the attorney of the said A. C. as aforesaid, and of and concerning the conduct of the said J. N. as attorney in the said action, according to the tenor and effect following, that is to say [here set out the libel with such innuendos as may be necessary; (see ante, p. 523)]; to the great scandal, infamy, and disgrace of the said J. N., to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity.

As to the evidence, see ante, pp. 527, 529.

Indictment for Hanging a Man in Effigy.

Commencement as ante, p. 612]—in the county aforesaid, unlawfully, wickedly, and maliciously did make, and cause and procure to be made, a certain gibbet and gallows, and also a certain effigy or figure, intended to represent the said J. N.; and then and there unlawfully, wickedly, and maliciously did erect, set up, and fix, and cause and procure to be erected, set up, and fixed, the said gibbet and gallows, in a certain yard and place near unto a certain common highway, there situate, called and near to a certain ferry called The Horse Ferry, where the said J. N. was used and accustomed to ply in the way of his trade and business of a waterman; and then and there unlawfully, wickedly, and maliciously did hang up and suspend, and cause and procure to be hung up and suspended, the said effigy and figure, to and upon the said gibbet and gallows, with the name of the said J. N. inscribed on a piece of wood and affixed to the said effigy and figure, together with divers scandalous [ *618] inscriptions and devices affixed upon and about the same, *reflecting on the character of the said J.; and did then and there keep and continue, and cause and procure to be kept and continued, the said gibbet and gallows, so erected and set up as aforesaid, with the said effigy and figure hung up and suspended to and from the same, as aforesaid, together with the several inscriptions and devises aforesaid, so affixed as aforesaid, for a long space of time, to wit, for the space of four

days then next following and during all that time unlawfully, wickedly, and maliciously did then and there publish and expose the said gibbet and gallows with the said effigy and figure thereon, to the sight and view of divers good and worthy subjects of our said lady the Queen, passing and repassing in and along the highway aforesaid; to the great scandal, infamy, and disgrace of the said J. N., to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity.

Evidence.

Prove the hanging in effigy, as described in the indictment; and prove that the figure was intended to represent the prosecutor. Give also, if necessary, evidence of circumstances from which the jury may presume malice on the part of the defendant. (See ante, p. 124.)

8 & 9 Vict. c. 77, s. 136-Venue]-Enacts, that any indictment or information for any offence against this or any other act relating to the customs shall and may be required of, examined, tried and determined in any county in England, where the offence is committed in England, and in any county in Scotland, where the offence is committed in Scotland, and in any county in Ireland, where the offence is committed in Ireland, in such manner and form as if the offence had been committed in the said county where the said indictment or information shall be tried.

Sect. 95-Offences at Sea]-Enacts, that in case any offence shall be committed upon the high seas against this or any other act relating to the customs or any penalty or forfeiture shall be incurred upon the high seas for any breach of such act, such offence shall, for the purpose of prosecution, be deemed and taken to have been committed, and such penalties and forfeitures to have been incurred, at the place or land, in the United Kingdom or the Isle of Man, into which the person committing such offence or incurring such penalty or forfeiture shall be taken, brought, or carried, or in which such person shall be fonnd; and in case such place or land is situated within any city, borough, liberty, division, franchise, or town corporate, as well any justice of the peace for such city, borough, liberty, division, franchise, or town corporate, as any justice of the peace of the county within which such city, borough, liberty, division, franchise,

or town corporate is situated, shall have jurisdiction to hear and determine all cases of offences against such act so committed upon the high seas, any charter or act of parliament to the contrary notwithstanding: provided always, that where any offence shall be committed in any

*place upon the water, not being within any county of the Uni- [ *620 ] ted Kingdom, or where any doubt exists as to the same being within any county, such offence shall, for the purposes of this act be deemed and taken to be an offence committed upon the high seas.

Sect. 60-Making Signals]-Enacts that no person shall after sunset and before sunrise, between the twenty-first day of September and the first day of April, or after the hour of eight in the evening and before the hour of six in the morning at any other time in the year, make, aid, or assist in making any signal, in or on board or from any vessel or boat, or on or from any part of the coast or shore of the United Kingdom, or within six miles of any part of such coasts or shores, for the purpose of giving any notice to any person on board any smuggling vessel or boat, whether any person so on board of such vessel or boat be or be not within distance to notice any such signal; and if any person, contrary to the true intent and meaning of this act, make or cause to be made, or aid or assist in making, any such signal, such person so offending shall be guilty of a misdemeanor, and it shall be lawful for any person to stop, arrest, and detain the person or persons who shall so offend, and to carry and convey [such person or persons so offending before any one or more of his Majesty's justices of the peace residing near the place where such offence shall be committed, who, if he sees cause, shall commit the offender to the next county gaol, there to remain until the next court of oyer and terminer, great session, or gaol delivery, or until such person or persons shall be delivered by due course of law; and it shall not be necessary to prove on any indictment or information, that any vessel or boat was actually on the coast, and the offender or offeuders being duly convicted thereof, shall by order of the court before whom such offender or offenders shall be convicted, either forfeit and pay the penalty or forfeiture of one hundred pounds or, at the discretion of such court, be sentenced or committed to the common gaol or house of correction, there to be kept to hard labour for any term not exceeding one year.

Sect 61-Onus of Proof]-Provides and enacts, that in case any person be charged with or indicted for having made or caused to be made or for aiding or assisting in making any such signal as aforesaid, the burden of proof that such signal, so charged as having been made with intent and for the purpose of giving such notice as aforesaid was not made with such intent and for such purpose, shall be upon the defendant, against whom such charge is made or such indictment is found.

Indictment.

pre

Kent, to wit:--The jurors for our lady the Queen upon their oath sent, that J. S., late of the parish of B., in the county of K., labourer on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, after sunset of the same day, and before sunrise on the day next following, to wit, at the reign of ten in the night of the same day, at the parish aforesaid in the county aforesaid, unlawfully did make, and did aid and assist in making, and was then and there unlawfully present for the purpose of aiding and assisting in making, a certain light (“any light fire, flash or blaze, or any signal by smoke, or by any rocket, fireworks, flags, firing

of any gun, or other fire-arms, or any other contrivance or device [ *621 ] or *any other signal”) on a certain part of the sea-shore there situate, ("in or on board or from any vessel or boat, or on or from any parts of the coast or shore of the United Kingdom or within six miles of any part of such coast or shore"), for the purpose then and there of making and giving a signal to some person or persons to the jurors aforesaid unknown, on board a certain smuggling vessel [or boat] then being; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. As to the venue, see ante, p. 619.

Misdemeanor, fine 100l. or imprisonment and hard labour in the common gaol or house of correction, for any term not exceeding one year. 8 & 9 Vict. c. 87, s. 60. The quarter sessions have cognisance of this offence. R. v. Cock, 4 M. & Sel. 71.

Evidence.

All the prosecutor has to prove is, that the defendant made a signal by lighting a fire or otherwise, or was present aiding and assisting in so doing, on the sea-shore &c., as stated in the indictment. It is not necessary for him to prove that any smuggling vessel was in fact within sight or actually on the coast at the time: and it is for the defendant to prove (if he can) that the fire &c. was not lighted with the intent charged in the indictment. 8 & 9 Vict. c. 87, s. 61. The offence must be committed after sunset and before sunrise, between 21st September and 1st April, and after eight in the evening and before six in the morning in any other part of the year. Id. s. 60. See R. v. Brown, M. & M. 163.

The indictment for this and all other offences against this statute must be exhibited within three years next after the date of the offence committed. 8 & 9 Vict. c. 87, s. 134,