and current money and gold coin of our said lord the king, of this realm, called guineas, (d) then and there falsely, deceitfully, feloniously and traitorously (e) did forge, counterfeit and coin, against the duty of his allegiance, (ƒ) against the peace of our said lord the king, his crown and dignity, and also against the form of the sta tute in that case made and provided. (g) (h) [Same as first precedent, ante 104, to the * and then proceed as For treason in follows,] one piece of false, feigned and counterfeit money and coin coining a shilling, on 25 Ed. of pewter, lead, tin and other mixed metals of (i) the likeness and III. st. 5. c. 2. similitude to the good, legal and current coin of this realm, called a shilling, then and there falsely and deceitfully, feloniously and traitorously did forge, counterfeit and coin, against the duty of his allegiance, against the peace of our said lord the king, his crown and dignity, and against the form of the statute in such case made and provided. 25 Ed. III. st. [Same as ante 104, to the *] one piece of money of this realm, The like in ancalled a shilling, falsely, deceitfully, feloniously and traitorously did other form, on forge and counterfeit, against the duty, &c. against the peace, &c. 5. c. 2. (k) and against the form of the statute, &c. [Second count precisely like the preceding.] [Same as preceding, ante 104, to the * and then as follows,] did For treason in falsely and deceitfully, feloniously and traitorously colour with a colouring base times use the word "to," see Cro. C. C. 109. 1 Leach, 285. Starkie, 359. West Indictment, s. 142, 3, 4, 5. and those referred to in the next precedent, note i. (d) Every indictment for coining, clipping, uttering, &c. must show the kind of coin in respect whereof the offence is committed; but though it is usual to express the numbers of each kind, it is not necessary to set them forth in the indictment, 2 Hale, 187. Cro. C. C. 39. (e) Supra, note b. (f) The indictment should always allege the fact to be done against the duty of the defendant's allegiance, Comb. 259. 1 Ld. Raym. 1, 2. 2 Salk. 630. 1 East. P. C. 115. The term “natural” is never necessary, when defendant is a foreigner it is improper, and is always better omitted, 1 East. P. C. 115. Cranburn's Case, 4 Harg. St. Tr. 670. ante, 64. (g) 25 Edw. III. st. 5. ch. 2. see ante 103. n. (a) (h) As to the law, see ante 103. note a. See precedents, 1 Leach, 137. 285. 364. Cro. C. C. 109. West. Entries, tit. Indictment, s. 142, 3, 4. The law is the same as to counterfeiting silver as gold coin, 1 East. P. C. 159. This indictment was held good, though no impression was made on the shillings, but they were made to resemble old coin worn away by time, 1 Leach, 285. A precedent precisely similar was under similar circumstances also held good, and the prisoners executed, 1 Leach, 365. (2) Sometimes the word is "to," 1 Leach, 285. Starkie, 359. Cro. C. C. 109. As to this point see ante 104. n. c. (k) See form, 1 Leach, 136. The first count was said to be new and singular, and will not dispense with the necessity of proving the resemblance of the counterfeit to the current coin, 1 Leach, 136. metal like a shilling, on 8 wash and materials producing the colour of silver, one round. blank & 9 W. III. c. of base metal of a fit size and figure to be coined into counterfeit 26. s. 4. (1) milled money resembling the silver coin of this kingdom, called a sixpence, against the duty of his allegiance, &c. against the peace, &c. and contrary to the statute, &c. [Conclude as ante 105.] For felonious- For that he the said C. D. after the 24th day of June, in the said ly coining a of our Lord 1777, (m) to wit, on, &c. with force and arms, at, halfpenny, on year 11 Geo. III. c. &c. * one piece of copper money of this realm, called a halfpenny, 40. (0) then and there unlawfully and feloniously did make, coin and counterfeit, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown Second Count. and dignity. [Second count same as first count to the * and then as follows,] one piece of false, feigned and counterfeit copper money of (n) the likeness and similitude of the good, legal and current (1) This precedent was held sufficient, 1 Leach, 153. 1 East. P. C. 166. It was also holden that the melting a small portion of silver with base metal, and then throwing it into aqua fortis to make the silver rise to the top, so as to give the pieces of metal cut out the appearance of shillings, is a sufficient " colouring with a wash and materials," within the meaning of the statute, 1 East. P. C. 166. 1 Leach, 153. In this indictment the language of the act is pursued. There is not any exception in the enacting clause of this section, as in the 1st and 3rd, relative to officers of the mint, and consequently it need not be negatived in the indictment, see ante, 104. n. a. (m) The day mentioned in 11 Geo. III. ch. 40. s. 1. which makes the offence felony. It is never absolutely necessary that this should be inserted, though where the statute is modern it is usual, but when ancient may always be omitted, 1 Burr. 366. 1 Saund. 309. n. 5. Gilb. L. & E. 242. (n) The word "to" inserted in Cro. C. A. 126. Cro. C. C. 111. 1 Leach, 401, 403. ante, 104. n. c. (0) See precedents, 1 Leach, 401, Cro. C. A. 122, 125. Cro. C. C. 111. 2 Stark. 530. Old form of indictment for misdemea nour at common law, Trem. P. C. 227. As to the offence of coining copper money. Coining copper money did not exist as an offence under 25 Edw. III. By 15 Geo. II. c. 28. it was created a misdemeanour, and punished with two years imprisonment. Counterfeiting halfpence or farthings is made felony by 11 Geo. III. c. 40. but clergy is not thereby taken away. By 37 Geo. III. c. 126. the provį, sions of the former statutes were extended to every description of copper coinage. It seems doubtful whether the prosecutor has an option to proceed for the misdemeanour, or whether it is merged in the felony, 1 East. P. C. 162. To counterfeit foreign copper money is a misdemeanour, and punishable with six months imprisonment, under 43 Geo. III. c. 139. s. 3.Evidence. By 11 Geo. III. c. 4, s. 3. any justice on the oath of one witness, that there is just cause to suspect an individual of coining copper money, may grant a warrant to search for tools and implements, which, if found, may be secured and produced in evidence on the trial.-Judgment. The punishment for this offence as a misdemeanour, under 15 Geo.II. c. 28. is imprisonment for two years. Though made felony by 11 Geo. III. c. 40. it is within clergy; and copper money of this realm, called a halfpenny, then and there unlawfully and feloniously did make, coin and counterfeit, [Conclusion same as first count.] III. c. 40. for [Statement of the principal offence same as first count of the On 11 Geo. precedent, ante 106. and then proceed as follows,] And the jurors coining a aforesaid, upon their oath aforesaid, do further present that E. F. halfpenny, against the late of, &c. before the said felony was committed in form aforeprincipal and said, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, an accessary did unlawfully and feloniously counsel, aid, abet and procure the said fact. (p) C. D. to do and commit the said felony in manner and form aforesaid, against the form, &c. and against the peace, &c.—Second count states the offence of the principal the same as the second count of the precedent, ante 106, and then states the counselling, aiding, &c. of the accessary as above. under 52 Geo. [Commencement as ante 2.] Feloniously did make, coin and For coining counterfeit, and cause and procure to be made, coined, and bank tokens counterfeited, and did willingly act and assist in the making, III. c. 138. coining and counterfeiting one medal containing on the ob.verse side thereof an impression of the head of his majesty its only punishment on the allow ance of that benefit is one year's confinement, which is founded on the general statute 18 Eliz. c. 7. s. 3. 1 East. P. C. 162. Coun'terfeiting foreign copper money is punished with six months' imprisonment, 43 Geo. III. c. 139. s. 3. See the form of judgment on the allowance of clergy for the single felony, Cro. C. A. 123, 6. (p) See precedent, 1 Leach, 401. 403. as to an indictment against an accessary, see ante 5. (9) See a similar precedent, 2 . Starkie, 538. As to the offence. Created by 52 Geo. III. c. 138.extends to counterfeiting dollars and tokens for 1s. 3s. and 1s. 6d. A single felony by 2nd section of same act, a person knowingly uttering and tendering in payment a counterfeit token twice within ten days, or uttering one and having another in his possession, shall be taken for a common utterer of counterfeit dollars, suffer a year's imprisonment, and find sureties, &c. for two years more. On a second conviction, he will be adjudged guilty of felony, and transported for 14 years. By same act (s. 4.) making notes (4) For treason in having tools for coining in our said lord the king, and the following words and letters vide licet, "Georgius III. Dei Gratia Rex," and on the reverse thereof the following words and figures, videlicet, " Bank Token, 3 Shill. 1812." resembling and made with intent to resemble and look like silver pieces denominated tokens, issued and circulated by the governor and company of the Bank of England, for the convenience of the public in pursuance of and by virtue of the statute in that case made and provided, for the sum of three shillings each, against the form of the statute, &c. and against the peace, &c. In a second count the counterfeit is to be described as a 66 certain device (s) resembling and made with intent to resemble and look like silver pieces denominated tokens, issued and circulated,” &c. [as before.] Middlesex, (to wit.) The jurors for our lord the king upon their oath present, that C. D. late of, &c. and E. F. late of, &c. not being persons employed, nor either of them being a person employed in or for the mint or mints of our said lord the king in the 66 (s) The other term used in the statute; the words are coin, medal, or device." (t) See precedents, 1 Leach, 90. 189. 1 East. P. C. 169, 170, 171. Fost. C. L. 430. Cro. C. C. 110, 111. Cro. C. A. 45. Stark. 359, 360., and see indictment for a misdemeanour at common law, R. T. H. 370. 1 Leach, 42. note (a) 1 East. P. C. 172.--As to the offence. A misdemeanour at common law, R. T. H. 370. 1 Leach, 42. note (a) 1 East. P. C. 172. By 8 & 9 W. III. c. 26. s. 1. made high treason. By that statute, it is enacted that "no one, unless lawfully authorized as therein mentioned, shall knowingly make or mend, or begin or proceed to make or mend or assist in the making or mending any puncheon, &c. or any other materials whatsoever, in or upon which there shall be or be made or impressed or which will make or impress the figure, stamp, resemblance, or similitude of both or either of the sides or flats of any gold or silver coin, current within this kingdom, nor shall knowingly make or mend or begin or proceed to make or mend or assist in the making or mending of any edger or edging tool, instrument, or engine not of common use in any trade, but contrived for the making (quare "narking") of money round the edges with letters, grainings, or other marks or figures resembling those on the edges of money coined in his maj sty's mint, nor any press for coinage, nor any cutting ngice, for cutting round blanks by orce of a screw out of flatted bars of gold, silver, or other metal, nor shall knowingly buy or sell, hide or conceal, or without lawful authority or sufficient excuse for that purpose, kn wingly have in his, her, or their houses, custody, or possession, any such puncheon, &c. before mentioned;" offenders and accessaries before to be guilty of high treason and suffer death accordingly. By s. 2. conveying out of the mint or concealing any instrument used for coining is subjected to the same penalties. It is not enough under this act to constitute treason, that the instrument should be for mark ing one part of the side of a coin as the sceptre, though it is a misdemeanour, R. T. H. 376.; but knowingly having in possession a puncheon for purpose of coining, Tower of London, or elsewhere, and for the use and service of the said mints only, and not being persons lawfully authorized, nor either of them being lawfully authorized by the lords commissioners of the treasury, or lord high treasurer of England for the time being, (u) and not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, after the 15th day of May, A. D. 1697, (r) to wit, on, &c. with force and arms at, &c. one pair of moulds (y) made of chalk, in and upon which said moulds then and there were made and impressed (z) the figure, resemblance and similitude of one of the sides of the lawful silver coin of this kingdom, called sixpences (each of which said moulds would then and there make and impress the figure, resemblance and similitude of one of the sides of the lawful silver coin of this kingdom called sixpences) without any lawful * is within the statute, though that alone, without the counter puncheon, will not make the figure, &c.; and though the puncheon had not the letters yet sufficiently described in the indictment as a "puncheon, which would impress the resemblance, &c. of the head side of a shilling," 1 Leach, 189. A mould is an instrument within the statute, and is sufficiently described as such without laying it to be a tool or instrument, 1 Leach, 90. Evidence of the mould being a tool on which the resemblance of the coin was inverted, will support the allegation that "it was u mould, on which was made and impressed the figure, &c." though it would have been more proper to have called it a mould that would make, &c. id. ibid. Degree of similitude governed by same rules as counterfeiting coin, ante 104. n. 1. 1 East. P. C. 170. Coining press, a" tool or instrument" within the act, 1 East. P. C. 169. Tool to counterfeit foreign coin within the act, sed quere, Fost. 430. pref. viii.-Limitation of Prosecution. The prosecution for some of the offences must be commenced within six months, 7 Aon. c. 25. s. 2.Indictment. Must follow the words of the statute. See notes, u. &c. infra.-Exidence. Tools, counterfeit money, &c. may be seized by any one, and produced in evidence against the defendant, 8 & 9 W. III. c. 26. s. 5. As to the evidence, Foster, 430.-Defence, &c. The defence, judgment, &c. are regulated by the same rules, as in case of other treasons relating to coin, ante 104. n. a. ; no corruption of blood or loss of dower follows attainder, 8 & 9 W. III. c. 26. s. 7. (u) It is absolutely necessary to negative this exception thus, as it is contained in the enacting clause of the statute, 1 East. P. C. 167. 169. 1 Leach, 90. 189. Foster's C. L. Pref. 3d ed. viii. 1 Burr. 154. (x) As to the insertion of the day, see ante 106. n. m. n. (y) As to the sufficiency of this description, ante 108. n. t. 1 Leach, 90. (2) This precedent, in the same count, avers that the mould was impressed with the figure, &c. and that it would impress such figure. It should seem to be advisable to insert two counts; one averring that the mould was impressed, &c. and another that it would make and impress the similitude, &c. see 1 Leach, 92. 189. Cro. C. C. 111. post 110. |