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CHAPTER THE FOURTH.
OF RECEIVING, UTTERING, OR TENDERING COUNTERFEIT COIN.
In some cases In some cases the putting off counterfeit money may amount to treason.
treason : as if A. counterfeit the gold or silver coin current, and by agreement before that counterfeiting B, is to take off and vent the counterfeit money, B. is an aider and abettor to such counterfeiting, and consequently a principal traitor within the law. (a) And in the case of the copper coin, B. acting a similar part will be an accessory before the fact to the felony, within the statute 11 Geo. 3. c. 40. (b) And if B., knowing that A. hath counterfeited money, put off this false money for him after the fact, without any such agreement precedent to the counterfeiting, he seems to be as a receiver of A. because he maintains him. And if B. know that A. counterfeited the money, and conceal his knowledge, though he neither receive, maintain, nor abet A., he will be guilty of mis
prision of treason. (c) Cheat and If A. counterfeit money, and B. knowing the money to be misdemeanor. counterfeit vent the same for his own benefit, B. is neither guilty
of treason, nor misprision of treason. But he may be proceeded against under the provisions of the 15 Geo. 2. c. 28. which will be presently noticed, before which statute he was only liable to be punished as for a cheat and misdemeanor. (d) And upon the principles which have been mentioned in a former part of this Work, (e) the unlawful procuring of counterfeit coin with intent to circulate it, though no act of uttering be proved, is a misdemeanor; and the possession of counterfeit coin unaccounted for was held to be evidence of an unlawful procurement with intent to circulate. (f) But the uttering and tendering in payment coun(a) i Hale 214.
tioned as a misdemeanor in the recital (6) i East. P. C. c. 4. s. 26. p. 178. to the 15 Geo. 2. c. 28. S. 2. There (c)1 Hale 214.
is also a precedent for a misdemea(d) i East. P. C. c. 4. s. 26. p. 179. nor at common law, in uttering, and 1 Hale 214. See precedents of in causing to be uttered, guineas filed dictments for a misdemeanor at com and diminished as good guineas. Cro. mon law in uttering a counterfeit Circ. Comp. 317. (7th Ed.) and 2 Chit. half-guinea, Cro. Circ. Comp. 315. Crim. Law, 116, and also a precedent (7th Ed.) Starkie 466. 2 Chit. Crim. for a misdemeanor at common law in Law, 116. See also a precedent of an selling counterfeit Dutch guilders. indictment for a misdemeanor at com- Cro. Circ. Comp. 313.(7th Ed.) 2 Cbit. mon law, against a man for uttering a Crim. Law, 119, 120. counterfeit sixpence, and having ano (e) Ante, Book I. Chap. iji. p. 46, ther found in his custody, Cro. Circ. 47. Comp. 315. (7th Ed.) 2 Chit. Crim. (f) Rex v. Fuller and Robinson, Law, 117. The uttering of false mo. ante, 47. The possession in this case ney, knowing it to be false, is men- was under particularly suspicious cir
terfeit copper money has been held not to be an indictable offence. (g)
But the receiving, uttering, or tendering in payment counterfeit Statutes. money, have been made the subject of legislative provision by several statutes. I. By the 8 and 9 W. 3. c. 26. 11 Geo. 3. c. 40. and 15 Geo. 2. c. 28. relating to the coin of the realm; and, II. By the 37 Geo. 3. c. 126. relating to foreign coin.
Of receiving, paying, putting-off, &c. Counterfeit Coin of the
Realm. I. The statute 8 and 9 W. 3. c. 26. s. 6, enacts, that “ if any 8 & 9 W. 3. "person shall take, receive, pay, or put off, any counterfeit milled a
(made perpe“money, or any milled money whatsoever, unlawfully diminished tual by 7 Ann. " and not cut in pieces, at or for a lower rate or value than the c. 25. 8.3.) as
to receiving, "same by its denomination doth or shall import, or was coined or “counterfeited for, he shall be guilty of felony.” The seventh ting off, &c. section saves the corruption of blood; and by section 9. no pro secution is to be made for any offence against this act, unless it be commenced within three months after the offence committed. (1) The act was at first only temporary, but was made perpetual by 7 Ann. c. 25. s. 3.
Under this statute there must be an actual passing or getting What shall be rid of the money, and not merely an attempt to do so. In a case considered as at the Old Bailey, in the year 1784, a question was raised upon a
counterfeit this point. It appeared in evidence that the prisoner had carried money within a large quantity of counterfeit shillings to the house of a Mrs. 8 & 9W.3. Levey, which she agreed to receive from him, and which he agreed to put off to her at the rate of twenty-nine shillings for every guinea. In pursuance of this bargain, the prisoner laid a heap of counterfeit shillings on a table, and Mrs. Levey proceeded to count them out at the rate beforementioned : and had counted out three
cumstances; the coin being wrapped up in parcels with soft paper to prevent it from rubbing. The margina! note to Parker's case, 1 Leach 41. states, that “ having the posses"sion of counterfeit money, with in“tention to pay it away as and for "good money, is an indictable offence " at common law.” But qu. if the point stated in the marginal note was actually decided in Parker's case; and see anle, 47. :
($) Cirwan's case, Oxford Sum. Assiz. 1794, MS. Jud. I Fast. P. C. c. 4. $. 28. p. 182. The defendant was indicted for “ unlawfully uttering and "" tendering in payment to J. H. ten
“counterfeit halfpence, knowing
(h) But the proceedings before a
parcels, containing eighty-seven counterfeit shillings, for which she was to pay the prisoner three guineas; but before she had, paid him, and while the counterfeit money lay there exposed upon the table, the officers of justice entered the room and apprehended them. Mrs. Levey was admitted as a witness for the crown; and swore that she had bought the three parcels of shillings, and was going to pay the prisoner three guineas for them at the moment they were detected. This was ruled not to be a completion of the
offence charged, and the prisoner was acquitted. (i) The meaning A case has also been decided upon the meaning of " milled of milled mo
money” in this statute. The prisoner was indicted for putting off ney within this statute, to one J. P. nine pieces of false and counterfeit milled money and
coin, each counterfeited to the likeness of a piece of legal and current milled money and silver coin of the realm, called a shilling, at a lower rate and value than the same did by the denomination import, and were counterfeited for ; i. e, at so much, &c. The fact of knowingly putting off the shillings at a lower value than according to their denomination was fully proved; but there was no appearance of milling on them : and it was proved by officers from the Mint, that this money never had been milled, nor any attempt made to counterfeit on them the milling which is always put on the shillings coined at the Tower. Upon this the prisoner's counsel contended, that the evidence did not prove the cffence as described in the statute, or charged in the indictment, but directly the contrary, as it proved that the money illegally put off was not milled. The case was reserved for the opinion of the Judges ; who thought that the expression “ milled money” could not have any reference whatever to the edging which is put on real and lawful coin, and which is properly termed graining. That the money-coin at the Mint in the Tower is milled money before it is edged, that is, before those marks, which had been falsely imagined to constitute milled money, are put upon it; for that all current money is passed through a millor press to make the plate out of which it is cut of a proper thickness; and that from this process it receives its denomination of milled money, and not, as generally but erroneously imagined, from the grainings on its edges. The Judges, therefore, thought it unnecessary that the counterfeit money should appear to have been milled : for considering milled money as one word, (as if written with a hyphen,) and descriptive of the money now current, if the counterfeit resemble the money
which, if genuine, would have been milled, it is enough. (k) The money
It is necessary, in order to bring a case within this statute, that must be vented the money be vented at a lower value than the coin imports, and at a lower va- that it should be so stated in the indictment. (1) And if the lue, &c. Names of per- names of the persons to whom the money was put off can be sons to whom put off to be (1) Wooldridge's case, 1 Leach. 307. the like resolution. It seems that stated. 1 East. P. C. c. 4. S. 27. p. 179.
milled money was so called to dis(k) Bunning's case, Old Bailey, 1794. tinguish it from hammered money, 2 Leach 624, 1 East. P.C. c. 4. s. 27. which was prohibited by 9 W. 3. c. 2. p. 180. The case of Hannah Dor. Mr. East says (p. 180. note (a)) that rington, and the case of Jacobs and he had been informed that there had Lazarus,, were considered by the been no hammered money since the Judges at the same time, and being time of Car. 2. precisely similar, were disposed of by (2) 1 East. P.C. c. 4. s. 27. p. 180.
ascertained, they ought to be mentioned, and laid severally in the indictinent : but if they cannot be ascertained, the same rule will The indict
of nomornament must apply which prevails in the case of stealing the property of persons unknown. (m) If the indictment be for putting off diminished money was un · money at a lower rate, it must be averred that it was unlawfully lawfully dimi
nished. diminished. (n) And it has been held, that an indictment upon And it should this statute was bad, for omitting to state that the counterfeit be stated that money was “ not cut in pieces," as those words are a material the money was
“ not cut in part of the description of the offence. (o).
pieces.” * This statute, mentioning “counterfeit money" generally, has 11 Geo. 3. been considered as confined to gold or silver coin:(p) but with c. 40. s. 2. rerespect to copper coin, it is enacted by 11 Geo. 3. c. 40. s. 2. that geving, pay,
ing, or putting if any person “ shall buy, sell, take, receive, pay, or put off, any off counterfeit " counterfeit copper coin, not melted down or cut in pieces, at or copper coin. " for a lower rate or value than the same by its denomination "imports, or was counterfeited for, he shall be adjudged guilty of 6 felony."
The punishment under these statutes of 8 and 9 W. 3. and 11 Punishment. Geo. 3, was originally burning in the hand, and imprisonment not exceeding a year, under the statute 18 Eliz. c. 7. s. 3.: (9) but in lieu of this punishment a moderate fine or whipping, at the discretion of the Court, may be imposed upon the offender by 19 Geo. 3. c. 74. s. 3. (r)
The statute 8 and 9 W, 3. relating only to the putting off counterfeit money at a lower rate or value than that imported by its denomination, the offence of uttering such money in the course of traffic was punishable only as a misdemeanor, until, from its becoming very frequent, it was thought proper to subject it to more severe punishment. The statute 15 Geo. 2. c. 28. s. 2. enacts “ that if any person 15 Geo. 2.
. c. 28. s. 2. as to “shall utter or tender in payment any false or counterfeit money, 0; “knowing the same to be false or counterfeit, to any person or tendering in “persons," and shall be thereof convicted, he shall suffer six payment
counterfeit months' imprisonment, and find sureties for good behaviour for six
moncy. months further; and on conviction for a second offence shall suffer two years' imprisonment, and find sureties for two years more; and on conviction for a third offence shall be adjudged guilty of felony without benefit of clergy. The statute further provides by the third section “ that if any person shall utter or “ tender in payment any false or counterfeit money, knowing the " same to be false or counterfeit, to any person or persons; and “shall either the same day, or within the space of ten days then
(m) i East. P.C. c.4. s. 27. p. 180. (n) 5 T. R. 217. note (a) to the case citing a case from MS. Tracy, of a of Tooke v. Hollingworth. Tbe coin woman who was indicted at the Old might be diminished by reasonable Bailey, 1702, for putting off ten pieces wearing. of counterfeit gilt money like gaineas, (o) Palmer's case, 1 Leach 102. to divers persons unknown; Holt, C. J. (p) 1 East. P. C. c. 4. s. 1,9, 27. said, that the names of the persons (9) 1 East. P. C. c. 4. s. 27. citing ought to be mentioned and laid se Rex v. West and Others, Old Bailey, verally, yet he tried the prisoner, and Sept. 1780. 1 MS. Sum. 91. she was convicted. Probably the (r) This act was originally temponames of the persons to whom the rary, but continued by several acts, money was put off could not be as- and afterwards made perpetual by 39 certained.
Geo, 3. c. 45. VOL, I.
“next, utter or tender in payment any more or other false or “ counterfeit money, knowing the same to be false or counterfeit, “ to the same person or persons, or to any other person or per66 sons; or shall at the time of such uttering or tendering have “ about him or her, in his or her custody, one or more piece or “ pieces of counterfeit money besides what was so uttered or “ tendered; then such person so uttering or tendering the same
shall be deemed and taken to be a common utterer of false money; and being thereof convicted shall suffer a year's impri
sonment, and find sureties for his or her good behaviour for two “ years more, to be computed from the end of the said year; and “ if any person having been once so convicted as a common “ utterer of false money, shall afterwards again utter or tender in “ payment any false or counterfeit money to any person or per“ sons knowing the same to be false or counterfeit, then such “ person being thereof convicted, shall for such second offence be
“adjudged guilty of felony without benefit of clergy.” (t) This statute
This statute like that of the 8 and 9 W.3. c. 26. mentioning does not include copper
counterfeit money, generally, is confined to the gold and silver coin.
coin of the realm. (u) In a case where the defendant was indicted for “unlawfully uttering and tendering in payment to I. H. ten 66 counterfeit halfpence, knowing them to be counterfeit;” and this was laid in one count against the form of the statute, and in another generally; and the defendant was convicted on the general count; it being admitted at the trial that there was no statute applicable to the fact; upon reference to all the Judges they held the
conviction wrong, it not being an indictable offence. (W) The statute
The words of the statute “utter or tender in payment” are in will apply to the disjunctive, and will therefore apply to an uttering of counpassins coun. terfeit money, though it be not tendered in payment, but passed the case of terfeit money by the common trick called ringing the changes, as in the followby the trick ing case. The prosecutor having bargained with the prisoner, a of ringing the changes.
Jew, who was selling fruit about the streets, to have five apricots for sixpence, gave him a good shilling to change. The prisoner put the shilling into his mouth, as if to bite it in order to try its goodness; and, returning a shilling to the prosecutor, told him it was a bad one. The prosecutor gave him another good shilling which he also affected to bite; and then returned another shilling, saying it was not a good one. The prosecutor gave him another good shilling, with which he practised this trick a third time; the shillings returned by him being in every instance bad. The court held that the words of the statute were sufficient to include this case; and that uttering and tendering in payment were two dis
tinct and independent acts. (2) Where the in- Some points have arisen as to the form of the indictment upon dictment this statute of 15 Geo. 2. c. 28. In one case the indictment charges two ulterings on son
changeu une pris