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 contain"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 ness. (Former provision, 2 & 3" proof of the identity of the person Will. 4, c. 34, s. 17.) "of the offender, be sufficient evi"dence of the previous conviction, "without proof of the signature or "official character or authority of "the person appearing to have sign 66 The usual practice is to call, as a witness, a silversmith of the town where the trial takes place, who examines the coin in court in the presence of the jury. Davis's C. L. 235."ed the same, or of his custody or "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." 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, Arraignment and Trial.]-" And "and shall afterwards be indicted "the proceedings upon any indict"for any offence against this act "ment for committing any offence "committed subsequent to such" after a previous conviction or con"conviction, it shall be sufficient in "victions, shall be as follows; that "any such indictment, after charg-" is to say, the offender shall in the "ing such subsequent offence, to "first instance be arraigned upon "state the substance and effect only "(omitting the formal part) of the "indictment and conviction for the "previous offence." 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 previ scienter 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," ed, the court may proceed to senand that the scienter must be taken "tence him accordingly; but if he to apply to the time of the uttering," deny that he had been so previously although it was not stated to be "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 66 "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." 66 66 66 66 ord; and no warrant of commit"ment shall be held void by reason "of any defect therein, provided it "has been convicted, and there be 66 a valid conviction to sustain the same." 66 Evidence of Good Character.]— "Provided that if, upon the trial of any person for any such subse"quent 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 "fence or offences before such ver"dict of guilty shall be returned, "and the jury shall inquire concern-" "ing such previous conviction or "convictions at the same time that " 'they inquire concerning such sub-" sequent offence." 66 66 66 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 "knowingly convey out of any of "her Majesty's mints any puncheon, "counter puncheon, matrix, stamp, die, pattern, mould, edger, edging 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 66 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. Č. 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 On the trial of an indictment" be imprisoned for any term not for felonious possession of counter- exceeding two years, with or withfeit coin, with intent to utter the" out hard labour, and with or withsame, after previous conviction, the "out solitary confinement." 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. 66 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.) "it 22. Apprehension of Offenders. By 24 & 25 Vict. c. 99, s. 31, "shall be lawful for any person whatsoever to apprehend any person who shall be found commit 32," pun 66 66 indictable offence, or any ting any high crime and offence, or crime" "and offence, against this act, and "to convey or deliver him to some peace officer, constable or officer "of police, in order to his being conveyed as soon as reasonably may be before a justice of the 66 peace or some other proper officer, "to be dealt with according to "law." 66 66 66 shall be apprehended or be in custody, in the same manner in all "respects as if the same had been actually committed in that county or place, and in any indictment "for any such offence, or for being accessory to any such offence, the venue in the margin shall be the same as if such offence had been "committed in such county or "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, utter, or put off any other false or "counterfeit coin in any other s. 41, "every offence hereby made fenders. On Summary Convictions.]-By 66 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 "county or jurisdiction, either on "punishable on summary convic"the day of such first-mentioned "tion may be prosecuted in Entendering, uttering, or putting off, "gland in the manner directed by or within the space of ten days" 11 & 12 Vict. c. 43, and may be next ensuing, or where two or prosecuted in Ireland before two 66 more persons, acting in concert in " or more justices of the peace, or "different counties or jurisdictions" one metropolitan or stipendiary "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- passed for like purposes; and all "mitted, in any one of the said " provisions contained in the said "counties or jurisdictions, in the "acts shall be applicable to such same manner in all respects as if "prosecutions in the same manner "the offence had been actually and "as if they were incorporated in "wholly committed within such" this act: provided that nothing "one county or jurisdiction." "in this act contained shall in any manner alter or affect any enactOn the High Seas.]-By s. 36, "ment relating to procedure in the "all indictable offences mentioned 66 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, 66 66 "any offence against this act in" on behalf of the defendant, and England, which shall be conduct-"if in England or Ireland a verdict "shall pass for the defendant, or "ed under the direction of the so"licitors of her Majesty's Treasury," the plaintiff shall become nonsuit, 66 or discontinue any such action "the court before which such of "fence shall be prosecuted or tried" after issue joined, or if, upon demurrer or otherwise, judgment "shall allow the expenses of the "prosecution in all respects as in "shall be given against the plaintcases of felony; and in all prose-" iff, in every such case the defend"cutions for any such offence in "ant shall recover his full costs as "between attorney and client, and England which shall not be so "conducted, it shall be lawful for "have the like remedy for the same as any defendant has by law in "such court, in case a conviction "shall take place, but not other-"other cases; and though a verdict "wise, to allow the expenses of the "shall be given for the plaintiff in "prosecution in like manner; and "any such action, such plaintiff every order for the payment of "shall not have costs against the "such costs shall be made out, and "defendant unless the judge before "the sum of money mentioned there-"whom the trial shall be shall cer"in paid and repaid, upon the same "tify his approbation of the ac"terms and in the same manner in "tion." "all respects as in cases of felony." 66 26. Actions against Persons acting in pursuance of the Statute. By 24 & 25 Vict. c. 99, s. 33, "all actions and prosecutions to be "commenced against any person "for anything done in pursuance of "this act shall, in England or Ire"land, be laid and tried in the 66 In order to entitle a party to a notice of action for a thing done in of this statute, it is pursuance enough that he honestly and boná fide believes he is acting in pursu ance of the act, whether there is reasonable ground for such belief or not. Hermann v. Seneschal, 13 C. B., N. S. 392; 32 L. J., C. P. 43; 11 W. R. 184; 6 L. T., N. S. 646. county where the fact was com- "And in any such action brought CONCEALMENT OF THE BIRTH 1. The Offence, 101. 1. The Offence. Statute.]-By 24 & 25 Vict. c. 100, s. 60, "if any woman shall be delivered of a child, every person "who shall, by any secret disposi"tion of the dead body of the said "child, whether such child died "before, at, or after its birth, en"deavour to conceal the birth there "And no plaintiff shall recover "in any such action if tender of "sufficient amends shall have been convicted "made before such action brought," of, shall be guilty of a misdemeanor, and, being "or if a sufficient sum of money "thereof, shall be liable, at the "shall have been paid into court "after such action brought, by or" discretion of the court, to be im 66 prisoned for any term not exceed-Reg. v. Colmer, 9 Cox, C. C. 506— "ing two years, with or without Martin. "hard labour: provided that if 66 66 any person tried for the murder "of any child shall be acquitted "thereof, it shall be lawful for the "jury by whose verdict such person shall be acquitted to find, in case it shall so appear in evidence, that the child had recently "been born, and that such person did, by some secret disposition of "the dead body of such child, en"deavour to conceal the birth thereof, and thereupon the court may pass such sentence as if such person had been convicted upon an "indictment for the concealment of "the birth." (Former provision, 9 Geo. 4, c. 31, ss. 14, 31. The 9 Geo. 4, c. 31, repealed 43 Geo. 3, c. 58.) 66 Since this Enactment.]-On an indictment against the mother for concealment of the birth of her illegitimate child, it appeared that the body of the child was found, three days after it was born, behind the door of the privy belonging to the house where she lived as a domestic servant, in a tub covered over with a small cloth :-Held, that there was no conclusive evidence to warrant the jury in finding a verdict for concealment of the birth. Reg. v. Opie, 8 Cox, C. C. 332-Martin. To endeavor to conceal the birth of a child by a secret disposition of the dead body within 24 & 25 Vict. c. 100, s. 60, it must be by putting it into some place where it is not likely to be found. Placing it in an open box in the prisoner's bedroom, and afterwards, on inquiry by the medical man, informing him that the child was in the box, where it was found, is not a secret disposition. Reg. v. Sleep, 9 Cox, C. C. 559-Byles. A fœtus not bigger than a man's finger, but having the shape of a child, is a child within the statute. Before this Statute.]-The mother of a child, of which she has been recently delivered, with the intention of concealing the dead body of the child from a surgeon, placed it under a bolster on which she laid her head. It was assumed that she meant to remove the body else where when an opportunity occurred :-Held, that she was properly convicted of endeavoring to conceal the birth of the child by secretly disposing of the dead body, as it was not necessary in order to constitute that offence, under 9 Geo. 4, c. 31, s. 14, that the body should be put in a place which was intended to be the place of its final deposit. Reg. v. Perry, Dears. C. C. 471; 1 Jur., N. S. 408; 24 L. J., M. C. 137; 3 C. L. R. 691; 6 Cox, C. C. 531; S. P., Reg. v. Gold thorpe, Car. & M. 335; 2 M. C. C. 244; Reg. v. Farnhan, 1 Cox, C. C. 349. The concealment sought to be checked by 9 Geo. 4, c. 31, s. 14, was that which would keep the world at large in ignorance of the birth of a child. Reg. v. Morris, 2 Cox, C. C. 489-Coltman. While, therefore, the offence may on the one hand be committed, even though the pregnancy and delivery be made known to a confidant, so on the other it is not an offence within the act if the endeavour to conceal proceed from a desire to escape individual observation or anger. Where, therefore, it ap peared that the body of a bastard child would have been buried by the prisoner in the churchyard, but for her fear to provoke her father, under the operation of which she conveyed it secretly to a pond :Held, that the case did not fall within the act. Ib. : On an indictment against the mother for the murder of her illegitimate child, it appeared that the |