Odger's English Common Law

CHALLENGES TO FIGHT. 183
thereof liable to penal servitude for any term not exceeding
five years." 1
" Every person, who with intent
(a) to extort any valuable thing from any person, or
(b) to induce any person to confer upon or procure for any
person any appointment or office of profit or trust,
(1) publishes or threatens to publish any libel upon
any other person (whether living or dead), or
(2) directly or indirectly threatens to print or publish
—
or directly or indirectly proposes to abstain from
or offers to prevent the printing or publishing of
any matter or thing touching any other person
(whether living or dead),
shall be guilty of a misdemeanour and on conviction thereof
liable to imprisonment, with or without hard labour, for any
term not exceeding two years." 2
Other offences against the public peace are constituted by
sending a challenge or a threatening letter inviting or inciting
others to break the peace, or by making use of threatening,
abusive, or insulting language or behaviour which will
provoke others to break the peace. 8
Challenges to Fight.
To challenge a man to fight is a common law misdemeanour
punishable with fine and imprisonment, whether such
challenge be given by word of mouth or by letter. Any one
who knowingly bears a challenge is also guilty of a misdemeanour
similarly punishable ; and so is any one who
intentionally provokes another to challenge him. Provoca-
tion, however great, is no excuse or justification, 4 although
it may weigh with the Court in awarding the punishment.
In the case of a prize-fight, the occupier of the building or
premises in which it is to take place, those hiring the building
or premises for the purpose of the fight, the combatants, the
» Larceny Act, 1916 (6 & 7 Geo. V. c. 50), 9. 30.
1 lb. s. 31, which takes the place of s. 3 of Lord Campbell's Libel Act, 1843 (6 & 7
Vict. c. 96).
» R. v. King (1880), 14 Cox, 434.
* ft. v. Rice (1803), 3 East, 681.