sonment, and be computed from the end of the said first six months; and if the For a second same person shall afterwards be convicted a second time for the like offence two offence of uttering or tendering in payment, or giving in exchange, years' impri or paying or putting off any such false or counterfeit coin as afore- sureties for two said, knowing the same to be false or counterfeit, such person shall, years. for such second offence, suffer two years' imprisonment, 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 time, in uttering or tendering For a third in payment, or giving in exchange, or paying, or putting off any offence felony. such false or counterfeit coin as 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." This clause is repealed by s. 1 of the 11 Geo. 4 and 1 Wm. 4, c. 66, Transportation as far as regards the capital punishment; and that section provides for life, &c. that" every person who shall, after the 21st day of July, 1830, be convicted of any such felony, or of aiding, abetting, counselling, or procuring the commission thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, nor less than two years;" and by s. 25, "every accessory after the fact to any felony punishable under this act, shall, on conviction, be liable to be imprisoned for any term not exceeding two years." By s. 26, the Court may "sentence the prisoner to be imprisoned, with or without hard labour, in the common gaol or house of correction, and also direct that the offender shall be kept in solitary confinement for the whole, or any portion or portions of such imprisonment." But by the 1 Vict. c. 90, s. 5, "it shall not be lawful for any Court to direct that any offender shall be kept in solitary confinement for any longer periods than one month at a time, or than three months in the space of one year." (i) A certificate of a former conviction is made sufficient evidence upon the trial of an offender for a further offence. Sec. 5 of 37 Geo. 3, c. 126, enacts, that if any person shall be convicted of uttering or tendering any such false or counterfeit coin as aforesaid, and shall afterwards be guilty of the like offence in any other (j) 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 counterfeit foreign coin, whether current here or not, makes the party liable to punishment by proceedings before a justice of the peace, under the sixth section of the statute. (i) The Commissioners of Criminal Law and Mr. Lonsdale, p. 72, 3, treat these acts as regulating the punishment of offences within the 37 G. 3, c. 126, but qu. whether s. 1 of the 2 W. 4, c. 34, ante, p. 55, does not apply, by reason of the words" such offence shall have been pu nishable with death by virtue of any of the (j) If he be guilty again in the same Evidence of former convic tion by means of a certificate. Buying or selling, &c., counterfeit gold or silver coin for lower value than its deno mination. Buying and selling counterfeit copper for lower value than its denomination. The money at a lower CHAPTER THE FIFTH. OF BUYING, SELLING, RECEIVING OR PAYING FOR COUNTERFEIT COIN THE 2 Wm. 4, c. 34, s. 6, enacts, "That if any person shall buy, sell, By sec. 12, "If any person 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 King's current copper coin, at or for a lower rate or value than the same by its denomination imports or was coined or counterfeited for; every such offender 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 transported beyond the seas for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years." (a) The mere venting of the money was not considered to come must be vented within the 8 & 9 Wm. 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. (b) value. Names of per sons to whom coin is put off to be stated. Sum for which to be put off must be truly stated. 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. (c) The indictment must allege the precise sum of money for which coin is agreed the coin was agreed to be put off, and the proof must correspond with the indictment; for it is a contract and must be proved as laid. Where, therefore, the indictment alleged that five counterfeit shillings were put off at two shillings, and it was proved that they were put off at half-a-crown; it was held that as this was a contract it must be proved as laid, and an acquittal was directed. (d) But where an indictment alleged that the prisoner put off a counterfeit sovereign and three shillings for the sum of five shillings, and it was proved that the sovereign was sold at four shillings, and the three shillings at one shilling, and they were paid for with two good halfcrowns, it was held that this was sufficient, it was all one contract consisting of two items, and the whole of the bad money was put off at five shillings, and was paid for with two good halfcrowns. (e) (a) See ante, p. 61, as to hard labour. Thompson. C. B., and Heath, J. (e) Rex v. Hedges, 3 C. & P. 410, Vaughan, B. CHAPTER THE SIXTH. OF SERVING, OR PROCURING OTHERS TO SERVE, FOREIGN STATES. demeanor at ENTERING into the service of any foreign state without the consent Serving foreign of the King, or contracting with it any other engagement which sub-states, a misjects the party to an influence or control inconsistent with the alle- common law. giance 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) subjects going out of the realm to serve, &c., felony. But with respect to serving, or procuring others to serve, foreign 3 Jac. 1, c. 4, states, provisions have been made by several statutes. The 3 Jac. 1, s. 18, as to c. 4, s. 18, enacts, that "every subject of this realm that shall go or pass out of this realm to serve any foreign prince, state, or potentate, or shall pass over the seas, and shall voluntarily serve any such foreign prince, state, or potentate, not having before his going taken the oath of obedience, (c) shall be a felon." The nineteenth section of the statute enacts, that "if any gentleman or person of higher degree, or any person which hath borne, or shall bear any office, or place of captain, lieutenant, or any other place, charge, or office, in camp, army, or company of soldiers, or conductor of soldiers, shall after go or pass voluntarily out of this realm to serve any such foreign prince, state, or potentate, or shall voluntarily serve any such prince, state, or potentate, before that he and they shall become bound by obligation, with two sureties, &c.," with a condition, to the effect that he will not be reconciled to the see of Rome, nor enter into any conspiracy against the King (as particularly set forth in the act) "he shall be a felon." Upon the construction of this statute it has been considered, that Construction. if a party go out of the realm with intent to serve a foreign state, although there be no service in fact; or if a party do actually so serve, though he did not go over for that purpose, but upon some other occasion, it will be within the statute. (d) The trial of an offence against this statute is to be where the Trial. offence is committed, which is at the place where the party passed out of the kingdom. (e) The statute 59 Geo. 3, c. 69, reciting that the enlistment or en- 59 Geo. 3, gagement of his Majesty's subjects to serve in war in foreign service, c. 69. Any subjects of his (a) 1 East, P. C. c. 2, s. 23, p. 81. 4 Sess. 1, c. 8, s. 2, and new oaths of alle Blac. Com. 122. (b) 1 Hawk. P. C. c. 22, s. 3. 4 Blac. Com. 121. 3 Inst. 144. giance and supremacy enjoined in its room. (d) 3 Inst. 80. 1 East, P. C. c. 2, s. 23, (c) The oath is set forth in the act, but it has been since taken away by 1 W. and M. p. 82. (e) 3 Inst. 80. 3 Jac. 1, c. 4, s. 36. ing or engage ing to enlist or serve in foreign service, or engaging to go into a foreign country with intent to enlist, &c., without license, &c.; and any person procuring or attempting to procure others to enlist, &c., shall be deemed guilty of a misdemeanor, and punishable by fine and imprisonment. Majesty enlist 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 merchandize, of any foreign prince, state, &c., might be prejudicial to, and tend to endanger the peace and welfare of this kingdom, repeals the statutes, 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 enlist or to enter himself to 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, 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 miltary 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 endeavour 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 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." (ƒ) cense equip procuring to the service of to cruise, &c., guilty of a misdemeanor. Sec. 7 enacts, that "if any person within any part of his Majesty's Any person dominions beyond the seas, shall, without the leave and license of without li his Majesty for that purpose, first had and obtained as aforesaid, ping, &c., or equip, furnish, fit out, or arm, or attempt or endeavour 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 cruize or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising, or assuming to exercise, the powers of government in any colony, province, or part of any province, or country, or against the inhabitants of any foreign colony, province, or part of any province, or country, with whom his Majesty shall not then be at war; or shall, within the United Kingdom, or any of his Majesty's dominions, or in any settlement, colony, territory, island, or place, belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid; every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court in which such offender shall be convicted." (g) Sect. 8 enacts," that if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions beyond the seas, without the leave and license of his Majesty for that purpose, first had and obtained as aforesaid, (f) Sec. 3 contains a proviso, excepting persons from the operation of the act who shall have enlisted, &c. or procured others to enlist, &c. before the time therein specified. (g) And the ship, with the tackle, &c. is to be forfeited, and may be seized by the officers of excise, &c., s. 7. Any person without license increasing, or warlike force |