and coin, each and every of them made and counterfeited to the likeness and similitude of a piece of good legal and current milled money and silver coin of this realm, called a sixpence, the same counterfeited pieces of milled money, nor either of them not being then cut in pieces (k) then and there unlawfully and feloniously did put off to one G. H. yeoman, and one Í. K. labourer, (1) at a lower rate and value than the same counterfeited pieces of milled money did by their denomination import and were counterfeited for, (m) that is to say, for one piece of current gold coin of this realm, called a halfguinea, being of the value of ten shillings and sixpence, against the form, &c. and against the peace, &c. [It is usual to add a second count stating the uttering only to G. H. and a third for uttering only to I. K. 1 East, P. C. 180.] counterfeit [Commencement as ante 2,] That C. D. on, &c. with force For a misdeand arms, &c. at, &c. one piece of false and counterfeit money meanour in made and counterfeited to the likeness and similitude of a uttering a piece of good, lawful, and current money and silver coin of shilling, on this realm called a shilling, as and for a piece of good, lawful, 15 Geo. II. c. and current money and silver coin of this realm called a shil- 28. s. 2. (n) [*113] at a lower rate, it must be averred that it was unlawfully diminished, 5 T. R. 217. note a. 1 East, P. C. 180. (k) It is absolutely necessary to insert this allegation, and its omission will be fatal, 1 Leach, 102. 1 East, P. C. 183. (1) The names of the persons to whom the money was put off, if they can be ascertained, ought to be inserted and laid severally; though, if unknown, this allegation will be governed by the same rules as stealing the goods of a person unknown, I East, P. C. 180. ante 1 vol. 212. (m) This must be laid and proved, 1 East, P. C. 180. If the money be diminished, it must be laid to be unlawfully so, or the indictment cannot be supported, 5 T. R. 217. n. a. 1 East, P. C. 180. (n) See other precedents, 2 Leach, 645. 833. 858. Starkie, 536.-As to the offence. The 8 & 9 W. III. only referring to uttering for a less sum than the denomination imports, it is provided by 15 Geo. II. c. 28. s. 2. that "if any person shall utter or tender in payment any false or counterfeit money knowing the same to be so, he shall suffer six months' imprisonment and find sureties for good behaviour for six months further; and, on conviction for a second of fence, shall suffer two years' imprisonment and find sureties for two Crim. Law. years more; and, on conviction for a VOL. II. ling, () unlawfully, unjustly, and deceitfully did utter to one A. B.; he the said C. D. at the time when he so uttered the said piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit, against the form of the statute, &c. and against the peace, &c.* [another count was added for uttering another false and counterfeit shilling within ten days; if there were several utterings on the same day to different persons, the different utterings may be separately stated as above, see a form 2 Leach 858. Starkie 536.] For a misde- (The same precisely as the precedent ante 112, 113, to the meanour in asterisk, and then proceed as follows.) And that he the said uttering [*114] C. D. on the same* first day of January in the fifty-sixth year counterfeit aforesaid, with force and arms at, &c. aforesaid, one other piece of false and counterfeit money, made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money and silver coin of this realm called a shilling, der 15 Geo. as and for a piece of good, lawful, and current money and shillings twice or more within ten days, un II. c. 28. s. 3. (p) ment. If two utterings be charged on (o) This will suffice without aver- indictment for uttering bad money by the common trick of ringing the changes this averment should be omitted; and the indictment will be good without alleging that the defendant uttered the money in payment, or as and for good money, because the words of the act are in the disjunctive "utter" or "tender in payment," 2 Leach, 644. (p) See precedent, 2 Leach, 923. 1 East, P. C. Add. XVIII. Starkie, 536. In some precedents the statement of the first uttering does not conclude "against the statute, &c." see 2 Leach, 858. 923. 939. 1 East, P. C. Add. XVIII. Starkie, 536. but semble that it should so conclude; and it should seem that to bring the offence within the 3d section of the 15 Geo. II. c. 28. s. 1. it should be expressly averred that the defendants uttered on the same day or within ten days afterwards, 2 Leach, 835. but the statement that the defendant made the second uttering "on the said, &c." will suffice, 2 Leach, 923. but the allegation afterwards to wit had better be omitted. The several utterings must be charged in the same count and not in different counts, or the judgment can only be given for six months' imprisonment, 2 Leach, 833. 1 East, P. C. 182, 3. but it is not necessary to aver that defendant was a common utterer, 2 Leach, 833, ante 113. n. n. silver coin of this realm called a shilling, unlawfully, unjustly, and deceitfully did utter to one E. F., he the said C. D. at the time when he so uttered the said last mentioned piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit, against the form of the statute, &c. and against the peace, &c. And that the said C. D. on Third utterthe same, &c. with force and arms at, &c. aforesaid, one other ing. piece of false and counterfeit money, made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money and silver coin of this realm called a shilling, as and for a piece of good, lawful, and current money and silver coin of this realm called a shilling, unlawfully, unjustly, and deceitfully did utter to one G. H., he the said C. Ď. at the time when he so uttered the said last mentioned piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit, against the form, &c. and against the peace, &c. 15 Geo. II. c. half-crowns, [Same precisely as the indictment ante 112, 113, to the aste- For a misderisk, and then proceed as follows.] And that he the said C. D. meanour, on at the time when he so uttered the said piece of false and 23. s. 3. for counterfeit money as aforesaid, to wit, on the said, &c. at, &c. uttering had about him the said C. D. in the custody and possession of counterfeit him the said C. D. one other piece of false and counterfeit having anomoney, made and counterfeited to the likeness and similitude ther in posof a piece of good, lawful, and current money and silver session. (7) coin of this realm called an half-crown, he the said C. D. [*115] then and there well knowing the said last mentioned piece of false and counterfeit money to be false and counterfeit, in contempt, &c. and against the form of the statute, &c. and against the peace, &c. counterfeit victed as a That heretofore, to wit, at the assizes and general session For felony of our sovereign lord the king of oyer and terminer, and gene- in uttering & ral gaol delivery held ($) at the Guildhall of Reading, in and shilling, havfor the county of Berks, on Tuesday the twenty-sixth day of ing before March, in the forty-fifth year of the reign of our sovereign been conlord George the Third, by the grace of God of the united common ut. kingdom of Great Britain and Ireland king, defender of the terer, on faith, before his majesty's well beloved and faithful coun- same day of sellor, Edward, lord Ellenborough, chief justice of our said several counsovereign lord the king of his majesty's court of king's bench lings, on 15 at Westminster, and his majesty's trusty and well beloved sir Geo. II. c. Robert Graham, knt. one of the barons of our said sovereign 28. s. 3. (r) terfeit shil lord the king of his majesty's court of Exchequer at Westminster, and others their companions, justices and commissioners of our said sovereign lord the king, by virtue of letters patent of our said sovereign lord the king, A. B. by the name and description of A. B. late of the parish of Tilehurst in the county of Berks, labourer, was in due form of law tried and convicted by a certain jury of the country duly taken and sworn, between our said lord the king and the said A. B. in that behalf upon a certain indictment then and there depending against him the said A. B., for that the said A. B. on, &c. with force and arms at, &c. [Here set out the indictment verbatim as ante, 113, 114, and then proceed as follows.] And thereupon it was considered by the court there, that the said A. B. should be imprisoned in his majesty's gaol in the county of Berks aforesaid, for and during the term of twelve months, (t) and that at the expiration of that time, he should find sureties for his good behaviour for two years, as by the record thereof doth more fully appear. And the jurors aforesaid, now here sworn and charged to inquire for our said lord the king for the body of the said county of Berks upon their oath aforesaid, do further present, that the said A. B. having been so convicted as a common utterer of false money, afterwards, to wit, on, &c. with force and arms at, &c. one piece of false and counterfeit money, made and counterfeited [*116] to the likeness and similitude of a piece of good,* lawful, and current money and silver coin of this realm called a shilling, as and for a piece of good, lawful, and current money and silver coin of this realm called a shilling, unlawfully, unjustly, deceitfully, and feloniously did utter to one E. F. labourer, he the said A. B. at the time when he so uttered the said last mentioned piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit, against the form, &c. and against the peace, &c. Second count, And the jurors aforesaid, upon their oath aforesaid do further present, that heretofore, &c. (the former conviction is here set out again as in the first count.) And the jurors aforesaid, now here sworn and charged to inquire for our said lord the king, for the body of the said county of Berks, upon their oath aforesaid, do further present, that the said A. B. having been so convicted as aforesaid, afterwards, to wit, &c. (as in the first count, omitting the words "having been convicted as a common utterer of false money.") For a misde [Commencement as ante 2.] Being an evil disposed permeanour at son, on, &c. at, &c. did unlawfully and deceitfully, with intent common to defraud one A. B. utter and expose, and cause and procure ing guineas to be uttered and exposed to the said A. B. nine pieces of law in caus (t) The sentence under the 3d section of 15 Geo. II. c. 28. for several utterings on same day. be uttered gold, for, and as good and true guineas of the proper money filed and diof this realm, notwithstanding none of the said nine pieces of minished to gold, at the said time when they were so uttered and exposed, as good guiand caused and procured to be uttered and exposed, were neas. () good and true guineas of the proper money of this realm, but each of them had been unlawfully filed, and by such filing diminished, and rendered defective of their weight, which before such filing they had, being before such filing good and true guineas of the proper money of this realm; he, the said C. D. at the time he so uttered and exposed, and caused and procured to be uttered and exposed, the said nine pieces of gold as aforesaid, then and there well knowing that none of them were good and true guineas, but that each of them had been so as aforesaid filed, diminished, and rendered defective of their weight, to the evil example, &c. and against the peace, &c. pay (2) [Commencement as ante 2.] Being evil disposed persons, For a misdeon, &c. one piece of faise money, made of base metals, and meanour at coloured with a certain wash, producing the colour of gold, to common law the likeness and similitude of a piece of good, lawful, and counterfeit in uttering a current gold money and coin of this realm, called an half half guinea. guinea, unlawfully, unjustly, and deceitfully did utter and to one A. B. for and as a piece of good and lawful gold money and coin of this realm, called an half guinea, he the [*117] said C. D. then and there well knowing the said piece to have been false and counterfeit as aforesaid, to the great damage of the said A. B. to the evil example, &c. and against the peace, &c. common law another That C. D. late of, &c. being an evil disposed person, on, For a misde&c. at, &c. one piece of false money, made of certain mixed meanour at base metals, counterfeited to the likeness and similitude of a for uttering piece of good, lawful, and current money, and coin of this a counterteit realm, called a sixpence, unlawfully, unjustly, and deceitfully sixpence, and having did utter and pay to one A. B. for, and as a piece of good and lawful money and coin of this realm, called a sixpence, found in his (he the said C. D. then and there well knowing the said piece custody. (v) to have been false and counterfeit, as aforesaid,) to the great damage of the said A. B. and against the peace of our said lord the king, his crown and dignity. And the jurors afore- Second said, upon their oath aforesaid, do further present, that the count for said C. D. on the said, &c. at, &c. aforesaid, unlawfully had terfeit mo (u) See precedent, Cro. C. C. 7 Ed. 317. (x) See precedent, Cro. C. C. 7 Ed. 315. Starkie, 466. (y) See the precedents, Cro. C. C. 7th Ed. 315. Since the statute 15 Geo. II. c. 28. s. 2. it is more frequent to prosecute upon it, see Cro. C. C. 7th Ed. 316. n. a. It should seem from the recital in this statute to be a having coun |