and arms, at the parish aforesaid, in the county aforesaid, unlawfully, wickedly, and maliciously did offer to one Thomas Nokes to prevent the printing of a certain matter touching the said Thomas Nokes, to wit, that the said Thomas Nokes was a person of [whig, tory, radical, or chartist] politics, with intent to extort, &c. [as in the foregoing forms.]

This example has been adopted to show that the threat of publishing or abstaining from publishing matter in itself quite harmless or indifferent becomes criminal, within the meaning of the act, if connected with the intent to extort.

Nor is it necessary that the threat should contemplate a written or printed communication. A threat to say or repeat, or an offer to abstain from saying or repeating, or to procure another to abstain from saying or repeating (a), any matter, offensive or inoffensive, if coupled with the intent to extort, falls within the statute. Thus it is criminal to threaten to do or to offer not to do that which it is not criminal (within the act) to do; for although the act renders it a distinct offence to publish a libel with intent to extort, it does not render it criminal to publish any matter or thing (not a libel) with such intent.

SECT. 6.-Indictment for publishing a Libel knowing the same to be false.

THE 4th section of the 6 & 7 Vict. c. 96. inflicts an increase of punishment upon persons publishing de famatory libels, "knowing the same to be false." The following is a form of indictment under this section of the act, and contains also an averment of extrinsic facts.

(a) As to what amounts to a " publication," see ante, p. 135.

The offence charged by this indictment is punishable by fine and imprisonment, for any term not exceeding two years.

Middlesex, The jurors for our lady the queen upon to wit. their oath present that John Nokes, gentleman, at the time of publishing the false, scandalous, malicious, and defamatory libel herein-after mentioned, was, and long before and from thence hitherto hath been and still is, one of the attorneys of the court of our lady the queen before the queen herself, and in the office, practice, and business of an attorney hath been during all that time retained and employed by divers subjects of this realm, to prosecute and defend for them, as their attorney, agent, and solicitor, divers suits and businesses as such attorney, to wit, at the parish of B. in the county of Middlesex, and the said John Nokes during all that time hath acted in the most fair and honourable manner in the exercise of his said profession, to wit, at the parish aforesaid, in the county aforesaid; and that also before the publishing of the said false, scandalous, and defamatory libel herein-after mentioned, to wit, on the third day of August in the fourth year of the reign of our sovereign lady Victoria, at the parish aforesaid, in the county aforesaid, the said John Nokes was in his business and profession as an attorney employed and retained by one A. B. to commence and prosecute a certain suit and action at law on behalf of the said A. B. against one C. D., for the recovery of a certain sum of money then and long before due to the said A. B. from and by the said C. D., and then remaining unpaid, and the said John Nokes, in pursuance of the instructions he then and there received from the said A. B. in that behalf, and of his retainer as aforesaid, did then and there commence and prosecute the said action against the said C. D.,

as in duty he was bound to do; but the said John Nokes in the prosecution of the said action, so far from acting with any unnecessary severity towards the said C. D., on the contrary thereof then and there acted towards him the said C. D. in as lenient a manner as was consistent with his duty as attorney to the said A. B. as aforesaid; and the jurors aforesaid, upon their oath aforesaid, further present, that Thomas Styles, late of the parish aforesaid, in the county aforesaid, grocer, well knowing the premises, but contriving, and wickedly, maliciously, and unlawfully intending, to aggrieve and vilify the said John Nokes, and to injure him in his good name, fame, and credit, and to bring him into public scandal, infamy, and disgrace with and amongst all his clients and neighbours and other good and worthy subjects of this kingdom, and also to injure the said John Nokes in his said business and profession of an attorney, and to cause him to be esteemed and taken to be a 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 day of 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 or procure to be written and published, in the form of a letter directed to the said A. B., a certain false, wicked, malicious, scandalous, and defamatory libel of and concerning the said John Nokes, and of and concerning his conduct in his business and profession of an attorney, and of and concerning the said action so commenced and prosecuted against the said C. D. by the said John Nokes, for and as the attorney of the said A. B. as aforesaid, and of and concerning the conduct of the said John Nokes as attorney in the said action, according to the tenor and

effect following; that is to say [set out the letter, with the proper inuendoes, showing its application to the prosecutor, and to the circumstances already alleged]; he the said Thomas Styles at the time he so published the said libel as aforesaid well knowing the same to be false, to the great scandal, infamy, and disgrace of the said John Nokes; 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 lady the queen, her crown and dignity.

It will be prudent to add a common count for libel, omitting the words printed in italics.

CHAPTER VII.

FORMS OF INFORMATIONS AND INDICTMENTS
PRIVATE LIBELS AT COMMON LAW.

FOR

SECT. 1.-Form of Criminal Information for Libel in

a Newspaper.

THE following is the form of criminal information used in Regina v. Gregory, 8 A. & E. 907.

Of Michaelmas term in the second year of queen

Middlesex.

Victoria.

Be it remembered, that E. H. L. esquire, coroner and attorney of our present sovereign lady the queen, in the court of our said lady the queen before the queen herself, who for our said lady the queen in this behalf prosecuteth, in his own proper person cometh here into the court of our said lady the queen before the queen herself, at Westminster, on the 22d day of November in this same term, and for our said lady the queen giveth the court here to understand and be informed, that heretofore, and before the committing of the several offences by one B. G., hereafter mentioned, to wit, on

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