misdemeanor were principals, and therefore the cases of Rex v. Else and Reg. v. Page were wrongly decided.()

Where one of two persons utters base coin, and other base coin is found on the other, they are jointly guilty of the aggravated offence under sec. 10 of the 24 & 25 Vict. c. 99, if they are acting in concert, and the one knows of the possession of the base coin by the other; for by the interpretation clause the having any coin in possession includes "the knowing and wilfully having it in the actual custody or possession of any other person;" and as it is clear that under that clause a man may have possession of coin in a house or other place, though he is far away, so the possession of coin by one man may be the possession of another within that clause, though they are at a great distance from each other.(u)

On an indictment on the 2 Will. 4, c. 34, s. 8 (now repealed), for having in possession counterfeit crowns and half-crowns with intent to utter the same, it appeared that there were found in different pockets of the prisoner's dress four counterfeit crowns, all electro-plated, of the same date and same mould, each wrapped in a separate piece of paper; thirteen counterfeit half-crowns, all electro-plated, of the same date and the same mould, each wrapped in a separate piece of paper; and fourteen counterfeit shillings, all electro-plated, of the same date and the same mould. The prisoner said that they had been given him while gambling, and that he did not know that they were counterfeit; and it was held that there was sufficient evidence to go to the jury that he knew that the coin was counterfeit, and intended to utter it.(v)

The word "knowing" in indictments for uttering coin sufficiently applies to the time and place of uttering, and no addition to time or place is necessary. The word "knowing" refers to the prisoner, and not to the person, to whom the coin was uttered, although that person's name immediately precedes the word "knowing." It is sufficient, in an indictment for a felony for uttering base coin after a previous conviction, to state that the prisoner was in due form of law tried and convicted by a jury.

It is no objection that an indictment for felony, for uttering base coin after a previous conviction, states that the prisoner, together with another person, was tried and convicted; and the record of the former trial shows the conviction of the prisoner and the acquittal of the other person.

Where a prisoner was indicted under the 3 Will. 4, c. 34, s. 7, for uttering counterfeit money after a previous conviction, and the indictment alleged that the prisoner, "together with one T. P., was in due form of law tried and convicted" by a jury upon an indictment against them, for that they did unlawfully utter a shilling to A. W., knowing the same to be false," and thereupon it was considered that the prisoner should be imprisoned for two years; and that the prisoner *132] afterwards feloniously did utter a *half-crown "to T. H., knowing the same to be false." The copy of the record of the former trial stated the conviction of the prisoner and the acquittal of T. P.; it was objected, 1st. That the indictment was bad for want of an addition of time and place to the allegation of knowledge, which was to be found neither in the recital of the former indictment, nor in the substantive charge on the face of the present indictment; but the learned judge thought that the former indictment was good, being in the words of the statute and after verdict; and that " knowing" in the present indictment, being a participle in the present tense, must import knowledge at the time of the uttering. 2dly. That the word "knowing" did not refer to the prisoner, but to A. W. and T. H.; but the learned judge thought that "knowing" did refer to the prisoner, as all that was alleged to be done was alleged to be done by him. 3dly. That the indictment did not state any former conviction, because neither the plea nor the verdict of the jury were recited; but the learned judge thought the allegation that he had been in due course of law tried and convicted, together with a statement of the judgment, was sufficient. 4thly. That the recital of the former record showed a conviction of the prisoner and T. P., whereas the record produced (t) Reg. v. Greenwood, 2 Den. C. C. 453; overruling also Reg. v. Hayes, 1 Cox C. C. 362; s. c., 2 Cox C. C. 68, and Reg. v. West, 2 Cox C. C. 237.

(u) See ante, p. 95.

(v) Reg. v. Jarvis, Dears. C. C. 552.

showed that the prisoner alone had been convicted and T. P. acquitted, and therefore there was a variance; the learned judge overruled this objection also, but, entertaining some doubt upon the point, he reserved the case for the opinion of the judges, who held the conviction right.(w)

Sec. II.-Of Uttering, Tendering, &c., Foreign Counterfeit Coin, &c.

By the 24 & 25 Vict. c. 99, s, 20, Whosoever shall tender, utter, or put off any such false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, (ww) knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding six months, with or without hard labor.(x)

Sec. 21. 66 Whosoever, having been so convicted as in the last preceding section mentioned, shall afterwards commit the like offence of tendering, uttering, or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the Court to be imprisoned for any term not exceeding

two years, with or without hard labor, and with or without solitary confine- [*133

ment; and whosoever, having been so convicted of a second offence, shall afterwards commit the like offence of tendering, uttering, or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(y)

Sec. 13. "Whosoever shall, with intent to defraud, tender, utter, or put off as or for any of the Queen's current gold or silver coin, any coin not being such current gold or silver coin, or any medal or piece of metal or mixed metals, resembling in size, figure, and color the current coin as or for which the same shall be so tendered, uttered, or put off, such coin, medal, or piece of metal or mixed metals so tendered, uttered, or put off being of less value than the current coin as or for which the same shall be so tendered, uttered, or put off, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding one year, with or without hard labor, and with or without solitary confinement.'

This clause is new. It is intended to meet the cases of uttering foreign coin or medals as and for the current coin of the realm. In order to bring a case within this clause, the coin or medal uttered must be of less value than the coin for which it was uttered, and must have been uttered with intent to defraud.(z)

The prisoner was indicted on the 24 & 25 Vict. c. 99, s. 13, for uttering a medal resembling in size, figure, and color a half sovereign. The medal was made of metal, and was of the same diameter as a half sovereign, and somewhat similar in

() Reg. v. Page, Hereford Spr. Ass. 1841, Coleridge, J., MSS. C. S. G., and 2 M. C. C. R. 219. The learned judge only reserved the last point, but he stated the others to the judges, that the prisoner might have the benefit of them, if he had been wrong in overruling them.

(w) See sec. 18, ante, p. 97.

(z) This clause is framed from the 37 Geo. 3, c. 126, s. 4, with such alterations in its terms as to make it correspond with the rest of this Act. It is new in Ireland. As to hard labor, &c., see ante, p. 104.

(y) This clause is framed from the 37 Geo. 3, c. 126, s. 4. As to hard labor, &c., see ante, p. 104. As to the indictment and proceedings, see sec. 37, ante, p. 121. Having in custody a greater number than five pieces of counterfeit foreign coin, whether current here or not, makes the party liable to punishment by proceedings before a justice of the peace, under sec. 23 of the statute.

(2) As to hard labor, &c., see ante, p. 104. See the interpretation clause, ante, p. 95.

VOL. 1.-8

color. On the obverse there was the head of the Queen, similar to that on a half sovereign but the legend was entirely different from that on the half sovereign, being "Victoria, Queen of Great Britain," instead of " Victoria Dei Gratiâ." The medal was guerled, but the guerling was round, and not square. The medal was of less value than a half sovereign. It was objected that "figure" in the indictment meant the impression on the medal, and that such impression must be similar to the impression on the genuine coin for which it was uttered, and that there was no evidence that the medal resembled the half sovereign in size, figure, and color. It was answered that "figure" meant the general shape and outline of the medal, and that there was evidence for the jury; and the jury having convicted, it was held, on a case reserved, that there was some evidence that the medal, in size, figure, and color, resembled a half sovereign.(a)

*134]

*CHAPTER THE FIFTH.

OF BUYING, SELLING, RECEIVING OR PAYING FOR COUNTERFEIT COIN AT A LOWER RATE THAN ITS DENOMINATION IMPORTS.

By the 24 and 25 Vict. c. 99, s. 6, "Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin at or for a lower rate or value than the same imports or was apparently intended to import, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,- -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement; and in any indictment for any such offence as in this section aforesaid it shall be sufficient to allege that the party accused did buy, sell, receive, pay, or put off, or did offer to buy, sell, receive, pay, or put off, the false or counterfeit coin at or for a lower rate or value than the same imports or was apparently intended to import, without alleging at or for what rate, price, or value the same was bought, sold, received, paid, or put off, or offered to be bought, sold, received, paid, or put off."(a) The words "without lawful authority," &c., were introduced in order to protect officers and others who are authorized to buy or procure false coin in order to detect coiners; under the former enactment every one who bought, &c., false coin was within its words.

The words of the former enactment were "the same by its denomination imports, or was coined, or counterfeited for." The words in italics have been substituted for them as more appropriately applying to counterfeit coin.

Under the former enactment it was necessary to allege in the indictment, and prove by evidence, the sum for which the coin was bought, &c. ;(b) the last part of this clause renders it unnecessary to allege the sum for which the coin was bought, &c., and consequently whatever the evidence on that point may be, there can be no variance between it and the allegation in the indictment, and all that need be proved is that the coin was bought, &c., at some lower rate or value than it imports.

*By the 24 & 25 Vict. c. 99, s. 14, "Whosoever shall buy, sell, receive, *135] pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the

(a) Reg. e. Robinson, 12 Law T. 501; 10 Cox C. C. 107.

(a) This clause is taken from the 2 Will. 4, c. 34, s. 6. As to hard labor, &c., see ante, p. 104. See the interpretation clause, ante, p. 95.

(b) Rex v. Joyce, Carr. Supp. 184; Rex v. Hedges, 3 C. & P. 410 (14 E. C. L. R.).

Queen's current copper coin, at or for a lower rate or value than the same imports or was apparently intended to import, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the Court. to be kept in penal servitude for any term not exceeding seven years and not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(c)

The mere venting of the money was not considered to come within the 8 & 9 Will. 3, c. 26, s. 6, unless it were done at a lower value than the coin imported; and it should be so stated in the indictment. (d)

If the names of the persons to whom the money was put off can be ascertained, they ought to be laid in the indictment; but if they cannot be ascertained the same rule applies as in stealing the property of persons unknown. (e)

*CHAPTER THE SIXTH.

OF SERVING, OR PROCURING OTHERS TO SERVE FOREIGN STATES.

[*136

ENTERING into the service of any foreign state without the consent of the King, or contracting with it any other engagement which subjects the party to an influence or control inconsistent with the allegiance due to our own sovereign, is, at common law, a high misdemeanor, and punishable accordingly.(a) Indeed it is considered as so high an offence to prefer the interest of a foreign state to that of our own, that any act is criminal which may but incline a man to do so; as to receive a pension from a foreign prince without the leave of the King.(b)

But with respect to serving, or procuring others to serve, foreign states, provisions have been made by several statutes. The 3 Jac. 1, c. 4, s. 18, which contains provisions against soldiers and other persons going out of the realm to serve foreign states, was repealed by the 9 & 10 Vict. c. 59. Under that Act it was considered, that if a party went out of the realm with intent to serve a foreign state, although there were no service in fact; or if a party did actually so serve, though he did not go over for that purpose, but upon some other occasion, it was within the statute.(c)

The 59 Geo. 3, c. 69, reciting that the enlistment or engagement of his Majesty's subjects to serve in war in foreign service, without his Majesty's license; and the fitting out and equipping, and arming of vessels by his Majesty's subjects, without his Majesty's license, for warlike operations in or against the dominions or territories of any foreign prince, state, &c., or against the ships, goods, or merchandise, of any foreign prince, state, &c., may be prejudicial to and tend to endanger the peace and welfare of this kingdom, repeals the 9 Geo. 2, c. 30, and 29 Geo. 2, c. 17, and also the two Irish statutes, 11 Geo. 2 and 19 Geo. 2; and then enacts, that "if any natural born subject of his Majesty, his heirs and successors, without the leave or license of his Majesty, &c., for that purpose first had and obtained under the sign manual of his Majesty, his heirs or successors, or signified by order in council, or by proclamation of his Majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to eulist or to enter himself to

(e) This clause is taken from part of sec. 12 of the 2 Will. 4, c. 34. As to the words in italics, see the note to sec. 6, ante, p. 134. As to hard labor, &c., see ante, p. 104. See the interpretation clause, ante, p. 95.

(d) 1 East P. C. c. 4, s. 27, p. 180.

(a) 1 East P. C. c. 2, s. 23, p. 81; 4 Blac. Com. 122.

(b) 1 Hawk. P. C. c. 22, s. 3; 4 Blac. Com. 121; 3 Inst. 144.

(c) 3 Inst. 80; 1 East P. C. c. 2, s. 23, p. 82.

(e) Ibid.

serve as a soldier, or to be employed or shall serve in any warlike or military operation, in the service of, or for, or *under, or in aid of, any foreign prince,

*137] state, potentate, colony, province, or part of any province, or people, or of any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province, or people, either as an officer or soldier, or in any other military capacity; or if any natural born subject of his Majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment, as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped or intended to be used for any warlike purpose, in the service of, or for, or under, or in aid of, any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province, or people; or if any natural born subject of his Majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist, or enter himself to serve, or with intent to serve, in any warlike or military operation whatever, whether by land or by sea, in the service of, or for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of, or for, or under, or in aid of, any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province, or people, either as an officer or a soldier, or in any other military capacity, or as an officer, or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money, or pay, or reward shall have been, or shall be, in any or either of the cases aforesaid, actually paid to or received by him, or by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions elsewhere, or in any country, colony, settlement, island, or place, belonging to or subject to his Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavor to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea-service, for, or under, or in aid of, any foreign prince, state, potentate, colony, province, or any part of any province, or people, or for or under, or in aid of, any person or persons exercising, or assuming to exercise, any powers of government as aforesaid; or to go, or to agree to go, or embark, from any part of his Majesty's dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed, as aforesaid, whether any enlisting money, pay, or reward, shall have been, or shall be, actually given or received or not; in any or either of such cases, every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon *138] *any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the Court before which such offender shall be convicted."

Sec. 7. "If any person within any part of the United Kingdom, or in any part of his Majesty's dominions beyond the seas, shall, without the leave and license of his Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out. or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or store-ship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects