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separated, and one of them went to a shop and uttered another bad half-crown, and then the other went to the same shop and uttered a third bad half-crown; but at these second and third utterings neither was proved to have been near the other:-Held, that the proof of previous concert would not sustain a count for a joint uttering in either of the second or third utterings. Reg. v. West, 2 Cox, C. C. 237Creswell.

By Husband and Wife.]-Husband and wife were jointly indicted for uttering counterfeit coin:-Held, that the wife was entitled to an acquittal, as it appeared that she uttered the money in the presence of her husband. Rex v. Price, 8 C. & P. 19-Park, Bosanquet and Colt

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ful money; for the words of the statute were in the disjunctive utter or tender in payment. Rex v. Franks, 2 Leach, C. C. 644.

An indictment for knowingly uttering counterfeit coin, charged that the prisoner "did utter and put off to one S. A., the wife of W. G., knowing the same to be false and counterfeit ":-Held, that the allegation of the scienter was sufficient, and that the word "knowing" must be taken to apply to the prisoner, and not to "S. A., the wife of W. G.," who was the last antecedent; and that the scienter must be taken to apply to the time of the uttering, although it was not stated to be" then and there." Reg. v. Jones, 9 C. &P. 761-Coleridge.

Evidence of Guilty Knowledge.] -On an indictment for uttering A wife went from house to house counterfeit coin, to prove a guilty uttering base coin. Her husband knowledge, evidence may be given accompanied her, but remained out-of a subsequent uttering by the side-Held, that the wife acted under her husband's compulsion. Conolly's case, 2 Lewin, C. C. 229Bayley.

Indictment. ] An indictment, charging that the prisoner, one piece of counterfeit coin, &c., "did utter and put off to A., knowing the same to be false and counterfeit," is good, whether the objection of uncertainty as to the time, &c., and in knowing, is taken before or after verdict. Reg. v. Page, 2 M. C. C. 219; 9 C. & P. 756.

A count charging the prisoner with having counterfeit money in his possession at the time he uttered other counterfeit money, must contain a distinct averment of the fact of uttering. Rex v. Kelly, 3 Esp. 28 -Buller.

An indictment on 15 Geo. 2, c. 28, for uttering bad money by the common trick called " ringing the changes," was good, although it did not state that it was uttered in payment as and for good and law

prisoner of counterfeit coin of a different denomination to that mentioned in the indictment. The difference in the denomination of the coin goes to the weight of evidence, but not to its admissibility. Reg. v. Forster, Dears. C. C. 456; 1 Jur., N. S., 407; 3 C. L. R. 681; 24 L. J., M. C. 134; 6 Cox, C. C. 521.

Twice within Ten Days.]-An indictment for knowingly uttering counterfeit coin twice on the same day, charged an uttering of a counterfeit half-crown, and that the defendant on the same day, uttered "one other piece of false and counterfeit (omitting the word 'coin'), resembling, and apparently intended to resemble, and pass for a piece of the Queen's current silver coin, called a half crown, unlawfully, &c., did utter and put off to one S. A., the wife of W. G., knowing the same to be false and counterfeit":-Held, that the omission of the word "coin" did not render the indictment bad, as the words

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"false and counterfeit " might be rejected as surplusage, and the indictment would then be, one other piece resembling, and apparently intended to resemble, and pass for a piece of the Queen's current silver coin, called a half-crown." Reg. v. Jones, 9 C. & P. 761-Coleridge.

On a conviction of two separate offences of uttering counterfeit coin, in two counts, one judgment for two years' imprisonment, under 2 & 3 Will. 4, c. 34, s. 7, was bad. Rex v. Robinson, 1 M. C. C. 413.

In an indictment on 15 Geo. 2, c. 28, s. 3, it was not necessary to aver that the defendant was a common utterer of false money. Rex v. Smith, 2 B. & P. 127,

alone in the absence of the man:

Held, that the man was not liable to be convicted with the actual utterer, although proved to be the associate of the woman on the day of uttering, and to have had other bad money about him for the purpose of uttering; and, secondly, that the woman could not be convicted of the second offence of having other bad money in her possession, on the evidence of her associating with a man not present at the uttering, but having large quantities of bad money about him for the purpose of uttering. Rex V. Else, R. & R. C. C. 142. But see Reg. v. Greenwood, 5 Cox, C. C. 521; 2 Den. C. C. 453.

While having other Counterfeit Money.]-If two prisoners are in16. When Offence complete. dicted for uttering a counterfeit shilling, having another counterfeit By 24 & 25 Vict. c. 99, s. 30, shilling in their possession, it is not "every offence of falsely making or necessary to prove with certainty" counterfeiting any coin, or of buywhich of the pieces was the one ut-❝ing, selling, receiving, paying, tentered, and which was found on them "dering, uttering or putting off, or of unuttered, if both the pieces of the "offering to buy, sell, receive, pay, money are proved to be counterfeit. "utter or put off, any false or counAnd if it appears that two prisoners" terfeit coin, against the provisions went to a shop, and that one of" of this act, shall be deemed to be them went in and uttered the bad" complete, although the coin so money, having no more in her pos-" made or counterfeited, or bought, session, and the other stayed outside" sold, received, paid, tendered, utthe shop, having other bad pieces of "tered or put off, or offered to be money, both may be convicted;" bought, sold, received, paid, utterthe uttering and the possession be- "ed or put off, shall not be in a fit ing both joint. Rex v. Skerritt, 2 C."state to be uttered, or the coun& P. 427-Garrow. terfeiting thereof shall not be fin"ished or perfected."

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Where one of two persons in company utters counterfeit coin, Forging the impression of money and other counterfeit coin is found on an irregular piece of metal, withon the other person, they are joint-out finishing it, so as to make it ly guilty of the aggravated offence current, was an incomplete crime, under 2 & 3 Will. 4, c. 34, s. 7, if and not high treason. Rex v. Varacting in concert, and both know-ley, 2 W. Bl. 682; 1 Leach, C. C. 76, ing of the possession. Reg. v. Ger- 253; 1 East, P. C. 164. rish, 2 M. & Rob. 219-Maule.

Where a man and woman were indicted for uttering a bad shilling to B., and having in their possession another bad shilling at the time, and the uttering was by the woman FISH. DIG.--7

That it is not necessary to complete the offence that the possession should be with a felonious intent other than knowledge of possession without lawful authority or excuse. Reg. v Harvey, 11 Cox, C. C. 662.

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17. Evidence.

"then and there." Reg. v. Page, 9 C. & P. 756; 2 M. C. C. 219.

By 24 & 25 Vict. c. 99, s. 29, "where upon the trial of any person "charged with any offence against Certificate and Proof of Convic"this act, it shall be necessary to tion.]" And a certificate contain66 prove that any coin produced "ing the substance and effect only "in evidence against such person is" (omitting the formal part) of the "false or counterfeit, it shall not be "indictment and conviction for the necessary to prove the same to be" previous offence, purporting to be "false and counterfeit by the evi-"signed by the clerk of the court, or "dence of any moneyer, or other "other officer having or purporting "officer of her Majesty's mint, but "to have the custody of the records "it shall be sufficient to prove the "of the court where the offender was same to be counterfeit by the evi- " first convicted, or by the deputy "dence of any other credible wit-" of such clerk or officer, shall, upon "proof of the identity of the person "of the offender, be sufficient eviThe usual practice is to call, as a "dence of the previous conviction, witness, a silversmith of the town "without proof of the signature or where the trial takes place, who ex- "official character or authority of amines the coin in court in the pres-"the person appearing to have signence of the jury. Davis's C. L. 235."ed the same, or of his custody or

"ness." (Former provision, 2 & 3 " 2 & 3 Will. 4, c. 34, s. 17.)

"right to the custody of the rec"ords of the court; and for every "such certificate a fee of 6s. 8d., "and no more shall be demanded or taken."

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18. Previous Conviction. Indictment.]-By 24 & 25 Vict. c. 99, s. 37, where any person "shall have been convicted of any "offence against this act, or any "former act relating to the coin, "and shall afterwards be indicted "for any offence against this act "committed subsequent to such "conviction, it shall be sufficient in any such indictment, after charg-" "ing such subsequent offence, to "state the substance and effect only (omitting the formal part) of the "indictment and conviction for the "previous offence."

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Arraignment and Trial.]—" And "the proceedings upon any indict"ment for committing any offence "after a previous conviction or con"victions, shall be as follows; that is to say, the offender shall in the "first instance be arraigned upon "so much only of the indictment as "charges the subsequent offence "and if he plead not guilty, or if "the court order a plea of not Before this enactment, an indict-"guilty to be entered on his behalf, ment for uttering counterfeit coin," the jury shall be charged in the knowing it to be counterfeit (after "first instance to inquire concerna previous conviction), charged that "ing such subsequent offence only; the prisoner did utter a counterfeit" and if they find him guilty, or if half-crown to E. H., knowing the "on arraignment he plead guilty, same to be false and counterfeit :- "he shall then, and not before, be Held, that the allegation of the "asked whether he had been previscienter was sufficient, and that the "ously convicted, as alleged in the word "knowing" must be taken to "indictment; and if he answer that apply to the prisoner, and not to E." he had been so previously convictH., who was the last antecedent, and that the scienter must be taken to apply to the time of the uttering, although it was not stated to be

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"ed, the court may proceed to sen"tence him accordingly; but if he "deny that he had been so previously "convicted, or stand mute of mal

"ishable on summary conviction "under this act shall be quashed "for want of form, or be remov"ed by certiorari into any of her " Majesty's superior courts of rec"ord; and no warrant of commit"ment shall be held void by reason "of any defect therein, provided it

"ice, or will not answer directly to "such question, the jury shall then "be charged to inquire concerning "such previous conviction or con"victions; and in such case it shall "not be necessary to swear the jury again, but the oath already taken "by them shall for all purposes be "deemed to extend to such last-"be therein alleged that the party "mentioned inquiry."

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"has been convicted, and there be 66 a valid conviction to sustain the same."

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20.

Conveying Coining Tools or Coin from the Mint without Authority. By 24 & 25 Vict. c. 99, s. 25, "whosoever, without lawful authority or excuse (the proof whereof shall "lie on the party accused), shall

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Evidence of Good Character.]— "Provided that if, upon the trial of any person for any such subsequent offence, such person shall give evidence of his good character, it shall be lawful for the "prosecutor, in answer thereto, to "give evidence of the conviction of "such person for the previous of-"knowingly convey out of any of "fence or offences before such ver- "her Majesty's mints any puncheon, "dict of guilty shall be returned, counter puncheon, matrix, stamp, "and the jury shall inquire concern-" die, pattern, mould, edger, edging "ing such previous conviction or or other tool, collar, instrument, press or engine used or employed "in or about the coining of coin, or any useful part of any of the severOn an indictment for uttering a al matters aforesaid, or any coin, counterfeit coin after a previous "bullion, metal or mixture of metconviction, such previous convic-"als, shall, in England and Ireland, tion for uttering false coin cannot "be guilty of felony, and being be put in evidence for the purpose" convicted thereof, shall be liable, of proving guilty knowledge. Reg. "at the discretion of the court, to v. Goodwin, 10 Cox, C. C. 534-"be kept in penal servitude for life, Mellor. But this decision is over- "or for any term not less than five ruled by the next case. years (27 & 28 Vict. c. 47), or to "be imprisoned for any term not exceeding two years, with or with"out hard labour, and with or with"out solitary confinement."

66 convictions at the same time that "they inquire concerning such sub"sequent offence.'

On the trial of an indictment for felonious possession of counterfeit coin, with intent to utter the same, after previous conviction, the course of proceeding at the trial is prescribed by 24 & 25 Vict. c. 99, s. 37, viz., first to try that part of the offence which relates to the possession, and then if the prisoner is found guilty, to try the prisoner for the previous conviction. Reg. v. Martin, 21 L. T., N. S. 469; 18 W. R. 72; 1 L. R., C. C. 214-C. C. R.

19. Validity of Convictions and

Commitments.

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21.

Power to seize Counterfeit Coin and Coining Tools.

(24 & 25 Vict. c. 99, s. 27.) (Former provisions, 2 & 3 Will. 4, c. 34, s. 14, and 37 Geo. 3, c. 126, s. 7, and 43 Geo. 3, c. 139, s. 7.)

22. Apprehension of Offenders. By 24 & 25 Vict. c. 99, s. 31, "it "shall be lawful for any person

By 24 & 25 Vict. c. 99, s. 32," whatsoever to apprehend any person who shall be found commit

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"ting any indictable offence, or any "shall be apprehended or be in cus high crime and offence, or crime" tody, in the same manner in all "and offence, against this act, and " respects as if the same had been "to convey or deliver him to some actually committed in that county peace officer, constable or officer" or place, and in any indictment "of police, in order to his being "for any such offence, or for being conveyed as soon as reasonably accessory to any such offence, the may be before a justice of the venue in the margin shall be the peace or some other proper officer, same as if such offence had been "to be dealt with according to "committed in such county or "law." "place, and the offence itself shall "be averred to have been commit23. Prosecution and Trial of Of-"ted on the high seas': provided "that nothing herein contained Venue.]-By 24 & 25 Vict. c. 99," shall alter or affect any of the s. 28, "where any person shall tend-"laws relating to the government er, utter, or put off any false or "of her Majesty's land or naval "counterfeit coin in one county or "forces." "jurisdiction, and shall also tender,

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fenders.

"punishable on summary convic "tion may be prosecuted in En"gland in the manner directed by "11 & 12 Vict. c. 43, and may be 'prosecuted in Ireland before two " or more justices of the peace, or

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one metropolitan or stipendiary "magistrate, in the manner direct"ed by 14 & 15 Vict. c. 93, or in "such other manner as may be di"rected by any act that may be "passed for like purposes; and all "provisions contained in the said "acts shall be applicable to such "prosecutions in the same manner "as if they were incorporated in

66 utter, or put off any other false or On Summary Convictions.]-By "counterfeit coin in any other s. 41, "every offence hereby made "county or jurisdiction, either on "the day of such first-mentioned tendering, uttering, or putting off, or within the space of ten days "next ensuing, or where two or 66 more persons, acting in concert in "different counties or jurisdictions" "shall commit any offence against "this act, every such offender may "be dealt with, indicted, tried, and punished, and the offence laid "and charged to have been com"mitted, in any one of the said "counties or jurisdictions, in the "same manner in all respects as if "the offence had been actually and wholly committed within such" this act: provided that nothing "one county or jurisdiction." "in this act contained shall in any 66 manner alter or affect any enactOn the High Seas.]-By s. 36,"ment relating to procedure in the "all indictable offences mentioned "case of any offence punishable on "in this act, which shall be com- summary conviction within the "mitted within the jurisdiction of "city of London, or the metropoli"the Admiralty of England or Ire-" tan police district, or the recovery "land, shall be deemed to be of" or application of any penalty or "fences of the same nature, and "forfeiture for any such offence." "liable to the same punishments,

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66 as if they had been committed "upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined

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"in any county or place in England

"or Ireland in which the offender

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24. Punishment. (24 & 25 Vict. c. 99, s. 35.)

25. Costs of Prosecution. By s. 42, "in all prosecutions for

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