Therefore,  for  example,  —

Excessive  Distress  —  Abusing  Family.  —  A  landlord  does  not
commit  crime  by  taking  an  excessiye  distress  ;  ^  nor  does  any  one
by  merely  going  often  to  the  house  of  another,  and  in  words  so
abusing  his  family  as  to  make  their  lives  uncomfortable:  the
injury  being  only  of  a  civil  nature.^

§  539.  Peace  actually  broken  —  Tending  to  Breach.  —  To  lay  the
foundation  for  a  criminal  prosecution  the  peace  need  not  be  actually
broken.  If  what  is  done  is  unjustifiable  and  unlawful,  tending
with  sufficient  directness  to  break  the  peace,  no  more  is  required.
Thus,  —

§  540.  Challenge  to  Duel — Going  dangerously  armed. — Libel  —
Words  to  stir  Quarrels  —  Eavesdropping  —  Common  Scold.  —  Send-
ing a  challenge,  verbal  or  written,  to  fight  a  duel ;  *  going  about
armed,  with  unusual  and  dangerous  weapons,  to  the  terror  of  the
people ;  ^  riotously  driving  in  a  carriage  through  the  streets  of  a
populous  city,  to  the  hazard  of  the  safety  of  the  inhabitants ;  ^
publishing  libels,'^  even  in  some  extreme  cages  uttering  words  ^
calculated  to  stir  up  resentments  and  quarrels ;  eavesdropping ;  ^
being  a  common  scold ;  ^^  and  the  like ;  are  cognizable  criminally
by  the  common  law.     For  —

The  Reason.  —  The  criminal  law  is  as  well  preventive  as  vindic-

let,  3  Bur.  1707  ;  The  State  v.  Flowers,  1  monwealth   v.  Worcester,  3  Pick.  462

Car.  Law  Eepos.  97.  Stat.  Crimes,  §  20.
