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“ing," he observes, “cannot be punished until it has become the “ subject of a distinct and separate charge ; but it affords strong “ evidence of the knowledge of the prisoner that the money he

uttered was bad. If a man utter a bad shilling, and fifty other “ bad shillings are found upon him, this would bring him within “ the description of a common utterer : but if the indictment do “ not contain that charge, yet these circumstances may be given “ in evidence on any other charge of uttering, to shew that he

“ uttered the money with a knowledge of its being bad.” (d) Associate not An associate, not present nor co-operating at an uttering of bad co-operating. money, is not liable to be convicted with the actual utterer, merely

on the ground that he is an utterer also, and has other bad money about him for the purpose of uttering. And it appears not to be a sufficient ground for convicting a person of the second offence, of having other bad money in possession at the time, that such person was associating with another, not present at the uttering, who had large quantities of bad money about him for circulation; or that such person on the day after the uttering had in possession a small number of pieces of bad money. The prisoners, Job and Sarah Else, were indicted for uttering a bad shilling, having other bad shillings in their possession at the time. Upon the evidence it appeared that the uttering was by the woman alone, on the 30th of January, in the absence of the man ; that they both slept together on the 29th and 31st; and that on the 30th the man offered for sale a large quantity of bad shillings and sixpences; and also that they were both searched on the 31st; when upon the man was found a large quantity of bad shillings, and upon the woman were found six bad shillings. The prisoners were upon this evidence both convicted of the double offence, on the ground that both being engaged in the same illegal traffic, the act of one was the act of both : but, upon the case being reserved, the Judges held the woman alone liable to be convicted, and that of the single offence

only. (e) In prosecu- By the ninth section of the 15 Geo. 2. c. 28., it is enacted, that tions for a se- “ if any person be convicted of uttering or tendering any false or cond offence, a transcript of

“ counterfeit money as aforesaid, and shall afterwards be guilty of the former “ the like offence in any other county or city, the clerk of the conviction

“ assize, or clerk of the peace of the county or city, where such shall be evi

conviction was had, shall, at the request of the prosecutor, or

any other on His Majesty's behalf, certify the same by a tran“ script, in a few words, containing the effect and tenor of such

conviction, for which certificate two shillings and sixpence, and no more, shall be paid ; and such certificate, being produced in court, shall be sufficient proof of such former conviction. (f)

(d) Rex v. Whiley and Haines, 2 try such offenders; otherwise this diLeach 983.

rection to the clerk of the peace to (e) Rex v. Else, East. T. 1808. MS. certify the conviction is incongruous ; Bayley, J. and Russ. & Ry. 142. And for he is not the proper person to cersee Rex v. Soanes and Others, (utter- tify what is done in another court, ing a forged note :) Russ. & Ry. 25.; where he is not necessarily supposed and other cases, post, Book IV. Chap. to be present: but no power is given xxvii. s. 4.

to the sessions by any express words (f) By this it seems that the justices in this statute to hear and determine of ihe peace in sessions have power to such offences.

dence.

SECT. II.

Of Ultering, Tendering, &c. Foreign Counterfeit Coin.

37 .

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two years.

This offence, particularly with respect to the gold coin called Louis d'Or, and silver dollars, is stated, in the statute 37 Geo. 3. c. 126, to have greatly increased; and the third section of that statute makes the following provision against it :-“ That if any six months

person or persons shall, from and after the passing of this act, imprisonment, utter, or tender in payment, or give in exchange, or pay or put and sureties

off to any person or persons, any such false or counterfeit coin for six months. “as aforesaid (namely, by the second section, coin not the proper “coin of this realm, nor permitted to be current within the same) “ resembling, or made with intent to resemble or look like any “gold or silver coin of any foreign prince, state, or country, or to

pass as such foreign coin, knowing the same to be false or counterfeit, and shall be thereof convicted, every person so offend

ing shall suffer six months' imprisonment, and find sureties for “his or her good behaviour for six months more, to be computed “ from the end of the said first six months; and if the same per- For a second son shall afterwards be convicted a second time for the like

years' imprioffence of uttering or tendering in payment, or giving in ex- sonment, and “ change, or paying or putting off any such false or counterfeit sureties for “coin as aforesaid, knowing the same to be false or counterfeit, “such person shall for such second offence suffer two years' im“ prisonment, and find sureties for his or her good behaviour for “ two years more, to be computed from the end of the said first "two years; and if the same person shall afterwards offend a third For a third

offence felony, “time, in uttering or tendering in payment, or giving in exchange, without bene“ or paying, or putting off any such false or counterfeit coin as fit of clergy. “aforesaid, knowing the same to be false or counterfeit, and shall “be convicted of such third offence, he or she shall be adjudged “to be guilty of felony without benefit of clergy."

A certificate of a former conviction is made sufficient evidence Evidence of upon the trial of an offender for a further offence. The fifth sec- tion by means tion of the statute enacts, that if any person shall be convicted of of a certificate. uttering or tendering any such false or counterfeit coin as aforesaid, and shall afterwards be guilty of the like offence in any other county, city, or place, the clerk of the assize, or clerk of the peace for the county, city, or place where such former conviction shall have been had, shall, at the request of the prosecutor, or any other on His Majesty's behalf, certify the same by a transcript, in few words, containing the effect and tenor of such conviction ; for which certificate two shillings and sixpence, and no more, shall be paid; and such certificate, being produced in court, shall be sufficient proof of such former conviction. Having in custody a greater number than five pieces of counter

Persons hav

ing in custody feit foreign coin, whether current here or not, makes the party abore a cer

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tain number of pieces of counterfeit foreign coin may be proceeded against before a magistrate.

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liable to punishment by proceedings before a justice of the peace. The sixth section of the statute enacts, that “ if any person or

persons shall have in their custody, without lawful excuse, any greater number than five pieces of false or counterfeit coin, of any kind or kinds, resembling, or made with intent to resemble

or look like any gold or silver coin or coins of any foreign prince, “ state, or country, or to pass as such foreign coin; every such

person, being thereof convicted upon oath before one justice of “the peace, shall forfeit all such false and counterfeit coin, which “ shall be cut in pieces by order of such justice; and shall for

every such offence forfeit a sum not exceeding five pounds, nor “ less than forty shillings, for every such piece of false or coun« terfeit coin which shall be found in the custody of such person;

one moiety to the informer, the other to the poor of the parish “ where the offence was committed ; and in default of payment “ forthwith shall be committed to the common gaol or house of “ correction, there to be kept to hard labour for three calendar “ months, or until such penalty be paid.”

CHAPTER THE FIFTH.

OF RECEIVING OR PAYING FOR THE CURRENT COIN ANY MORE OR

LESS THAN ITS LAWFUL VALUE.

The statute 5 & 6 Edw. 6. c. 19. reciting that divers covetous 5 & 6 Ed. 6. c. persons, of their own authorities, and notwithstanding a statute of 19. 25 Edw. 3. st. 2. c. 12. had of late taken upon them to make exchanges, as well of coined gold as of coined silver, receiving and paying therefore more than the current value as it had been declared by the King's proclamation; enacted, that if any person should exchange any coined gold, silver, or money, giving, receiving, or paying any more in value, benefit, profit, or advantage for it than the same was or should be declared by the King's proclamation to be current for within this realm, and the King's other dominions, that then all the said coined gold, silver, and money 80 exchanged should be forfeited, and the offenders be imprisoned for a year, and fined at the King's pleasure.

It was objected in two recent cases, that the exchanging guineas Exchanging for bank notes

, taking the guineas in such exchange at a higher cuineas for value than they were current for by the King's proclamation, was within the stanot an offence within this statute : and, after solemn arguments at tute. several times before the Judges, the point was decided in favour of the objection.(a) In consequence of this decision the 51 G. 3. c. 127. 51 6.3. c. 127. and the 52 G.3. c. 50. (continued by the 53 Geo.3. c. 5. to the 25th and 52 G. 3. c. March, 1814, and further continued by the 54th Geo. 3. c. 52. ceiving or payduring the continuance of any act imposing any restriction on the ing for gold bank of England with respect to payments in cash) made several coin

more than provisions upon this subject which have now ceased by the opera- lue, whether in tion of the 59 Geo. 3. c. 49. s. 1. which removed the restrictions money or bank on payments in cash under the several Bank acts, on the 1st of notes. May, 1823.

The provisions made upon this subject by the 56th Géo. 3. c. 56 Geo. 3. c. 68. s. 13. as to receiving the current gold coin for more or less 68.: 13., as to than its value, according to its denomination, should however paying for gold be here mentioned. That statute enacts, that “no person shall coin more or “ by any means, device, shift, or contrivance whatsoever, receive less than its

value, accordor pay

for any gold coin lawfully current within the United ing to its de“ Kingdom of Great Britain and Ireland any more or less in value, nomination. “ benefit, profit, or advantage than the true lawful value which “such gold coin doth or shall by its denomination import; nor

(a) Rex v. De Yonge, 14 East 402.; and Rcx v. Wright, cited 14 East 404.

fence.

offence.

“shall utter or receive any piece or pieces of gold coin of this “ realm at any greater or higher rate or value, nor at any less or “ lower rate or value than the same shall be current for in pay“ment according to the rates and values declared and set upon “ them pursuant to law, and that every person who shall offend “ herein shall be deemed and adjudged guilty of a misdemeanor, “ and being thereof convicted by due course of law, shall suffer

imprisonment for the term of six calendar months, and shall

“ find sureties for his or her good behaviour for one year more, to Second of

“ be computed from the end of the said six months; and if the same person

shall afterwards be convicted of the like offence, Punishment.

such person

shall for such second offence suffer one year's imprisonment, and find sureties for his or her good behaviour for

one year more, to be computed from the end of the said lastSubsequent mentioned year; and if the same person shall afterwards offend

“ against this act, and shall by due course of law be convicted of

any subsequent offence, he or she shall be imprisoned for the

“ term of two years for every such subsequent offence.” Sect. 14. Per- The 14th section enacts - that if any person who shall be consons convicted « victed of receiving or paying any such gold coin contrary to this and being again guilty

act, shall afterwards be guilty of the like offence, the clerk of clerk of the “ the assize or clerk of the peace for the county, city, or place certify former

“ where such conviction was so had, shall, at the request of the conviction. prosecutor, or any other person on his Majesty's behalf, certify

“ such conviction, for which certificate two shillings and sixpence, " and no more, shall be paid ; and such certificate, being produced

“ in court, shall be sufficient proof of such former conviction.” Sect. 15. In

The 15th section enacts, that no person against whom any dictment not

“ bill of indictment shall be found at any assizes or sessions of to be traversed.

“ the peace, for any offence against this act, shall be entitled to 6 traverse the same to any subsequent assizes or sessions; but “ the court, at which such bill of indictment shall be found, shall “ forthwith proceed to try the person or persons against whom the

“ same shall be found, unless he, she, or they shall shew good Proviso.

“ cause, to be allowed by the court, why his, her, or their trial

“ should be postponed." Sect. 16. On

The 16th section enacts, “that on any prosecution or trial of prosecution,

any offender or offenders hereafter to be prosecuted or tried for not necessary to prove mo

any

offence against this act, it shall not be necessary to prove “ that the gold coin received or paid, or uttered contrary to this

act, is the current gold coin of this realm, but the same shall “ be deemed and taken so to be, if received or paid, or uttered as “ such, until the contrary thereof shall be proved to the satisfac« tion of the judge, justice, or court, before whom any such

offender or offenders shall be prosecuted or tried.”

peace shall

ney lawful.

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