ney in his

with intent

to utter it.

in the custody and possession of him the said C. D. one other possession piece of false money made of mixed base metals, counterfeited to the likeness and similitude of a piece of good, lawful, and current money and coin of this realm, called a sixpence (he the said C. D. then and there well knowing the said last mentioned piece to have been false and counterfeit as aforesaid,) with an intent to utter, and pay the said last mentioned piece of false and counterfeit money to one of the subjects of our said lord the king, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity.

its denomi

nation it im

[*118] ported, on 11 Geo. III.

c. 40. s. 2. (=)

For felony in That C. D. late of, &c. after the 24th day of June, which putting off was in the year of our Lord 1771, to wit, on, &c. with force false copper and at a lower arms, at, &c. 333 pieces of false and counterfeit copper rate than by money, each and every of them made and counterfeited to the likeness and similitude of the good, legal, and current money, and copper coin of this realm, called an halfpenny, the same counterfeited pieces of copper money, not being then melted down or cut in pieces, (a) then and there unlawfully and feloniously did sell, pay, and put off to one A. B. at a lower rate and value than the same counterfeited pieces of copper money did, by their denomination import and were counterfeited for, that is to say, for one piece of current gold coin of this realm, called an half guinea, being of the value of ten shillings and sixpence, against the form, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said C. D. after the said 24th day of June, which was in the year of our Lord 1771, to wit, on the said, &c. with force and arms, at, &c. aforesaid, 333 pieces of false and counterfeit copper money and coin, each and every of them made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money, and copper coin of this realm, called an halfpenny, the same counterfeited pieces of copper money, not being then melted down or cut in pieces, then and there unlawfully and feloniously did sell, pay, and put off to one A. B. at the rate of 333 of such pieces of counterfeit copper money for one piece of

Second count. (b)

(z) See other precedents, Cro. C. C. 112. Cro. C. A. 130. Starkie, 530. and for coining copper money, ante 106.-As to the offence. It was not indictable at common law, nor inIcluded in the statutes relative to uttering gold and silver money. 2 Leach, 834. n. a. 1 East, P. C. 182. Created by 11 Geo. II. c. 40. s. 2. which enacts that to sell, pay, or put off any counterfeit copper money not melted down or cut in pieces, at or for a lower rate or value than the same

by its denomination doth import, or was counterfeited for shall be felony, but clergyable. For rules as to indict ment, &c. see the notes to the preceding precedents.

(a) As to the necessity of this allegation, see ante 117. note z. 1 Leach, 102.

(b) Same as the first, except say ing " copper money and coin," and "at the rate of 333 of such pieces," &c.

current gold money and coin of this realm, called an halfguinea, being of the value of ten shillings and sixpence, being a lower rate and value than the same counterfeited pieces of copper money, did, by their denomination import, and were counterfeited for, against the form, &c. and against the peace, &c.

neas, on 52

[Commencement as ante 2.] Unlawfully did pay to one For a misdeA. B. for five pieces of gold coin, lawfully current within this meanour in realm, called guineas, by their denomination importing to be buying gui of the value of five pounds and five shillings, more in value, Geo. III. c. benefit, profit, and advantage, than the true, lawful value, 50. (c) which such pieces of gold coin, by their denomination imported to be of, to wit, one piece of silver coin, of lawful money of Great Britain, called a shilling, of the value of one shilling, 22 pieces of silver coin called Spanish dollars of the value of 5s. 6d. each, one piece of silver coin called a Spanish half-dollar of the value of 2s. 6d. and one piece of silver coin called an American half-dollar,* of the value of [119] 2s. 6d. against the form of the statute, &c. and against the peace, &c.

[Commencement of second count, as ante 3.] Unlawfully did pay to the said A. B. for five other pieces of gold coin, lawfully current within this realm, called guineas, by their denomination importing to be of the value of £5. 5s. more in value, benefit, profit, and advantage, than the true lawful value which such last mentioned five pieces of gold coin by their denomination imported to be of, to wit, one pound and two shillings more in value, benefit, profit, and advantage, than the true lawful value of such last mentioned five pieces of gold coin, that is to say, he the said C. D. did then and there pay for the said last mentioned five pieces of gold coin, to the said A. B. one other piece of silver coin of lawful money, &c. (as in first count.)

[Commencement of third count as ante 3.] Unlawfully did pay to the said A. B. for five other pieces of gold coin, lawfully current within this realm, called guineas, by their denomination importing to be of the value of £5. 5s. one other piece of silver coin of lawful money of Great Britain, called a shilling, of the value of one shilling, 22 other pieces of silver coin called Spanish dollars, of the value of 5s. 6d. each, one other piece of silver coin, called a Spanish halfdollar of the value of 2s. 6d. and one other piece of silver coin called an American half-dollar, of the value of 2s. 6d. being more in value, benefit, profit, and advantage, to wit, to the amount of £1. 2s. more in value, benefit, profit, and advantage, than the true lawful value which such last mentioned five pieces of gold coin called guineas, by their denomination

(c) See 14 East, 402.

For a misde.

ders for good and true guilders. (d)

imported to be of, against the form of the statute, &c. and against the peace, &c.

[Commencement of fourth count as ante 3.] Unlawfully did pay to the said R. R. for five pieces of gold coin, lawfully current within this realm, called guineas, by their denomination importing to be of the value of £5. 5s. more in value, benefit, profit, and advantage, than the true lawful value which such last mentioned five pieces of gold coin called guineas imported to be of, that is to say £1. 2s. more in value, benefit, profit, and advantage, than the true lawful value of such last mentioned pieces of gold coin, the said last mentioned value, benefit, profit, and advantage, then and there being paid partly in a certain piece of lawful silver money of Great Britain, and partly in certain foreign silver coin, against the form, &c. and against the peace, &c.

That C. D. late of, &c. being an evil disposed person, and meanour at devising and intending one A. B. unjustly and injuriously to common law deceive and defraud, on, &c. at, &c. aforesaid, sixteen pieces in selling [*120] of false coin* (amounting together to the value of seventeen counterfeit shillings and fourpence of lawful money of Great Britain and Dutch guil- no more) counterfeited to the likeness and similitude of a certain foreign coin made of silver with an alloy of copper and other base metals, called Dutch guilders unlawfully, fraudulently and deceitfully did utter and sell to the said A. B. for the sum of twenty-six shillings and eightpence of lawful money of Great Britain, for and as good and true pieces of foreign coin called Dutch guilders, each guilder of the value of twenty pence of lawful money of Great Britain, he the said C. D. then and there well knowing the said pieces of coin so as aforesaid by him uttered and sold to have been false and counterfeit, to the great damage and deceit of him the said A. B. and against the peace of our said lord the king his crown and dignity.

Importing By 25 Edw. III. st. 5. c. 2. importing counterfeit money counterfeit into the realm, intended to resemble English money, knowing or light the same to be false, with intent to utter it, is declared high coins. treason. The 1 & 2 Ph. & M. c. 11. makes it the same offence to counterfeit foreign gold and silver coin current here by proclamation, see precedent West. tit. Indictments, sec. 316. The 14 Geo. III. c. 42. prohibits the importation of light silver coin from foreign parts on pain of confiscation; and 37 Geo. III. c. 126, which revives the last act, makes it a clergyable felony to import counterfeit foreign coin not current here, with intent to utter it, and punishes it with transportation for a term not exceeding seven years. It has been said that the importer under the acts which make the offence treason must utter it; but probably the intent manifested in

(d) Cro. C. C. 7th Ed. 313.

other ways would suffice. 3 Inst. 18. 1 East, P. C. 175. at all events an intent must be both laid in the indictment, and proved, 1 East, P. C. 176. As to the constructions of these statutes, see 1 East, P. C. 174 to 178.

counterfeit

Exporting counterfeit coin, whether copper or gold and sil- Sending ver, for the purpose of its being imported into the British colo- coin out of nies of America or the West Indies by 38 Geo. III. c. 67. s. 1. the kingsubjects the coin to forfeiture, and the party offending is liable dom. to forfeit £200, and double the value of the coin in question. But genuine gold or silver coin may be exported from hence to Ireland since 10 Geo. III. c. 18. See a precedent of an information for exporting, Vet. Ent. 227.

lion.

[*121]

The statutes which regulate the standard of bullion are 28 Offences reEdw. I. st. 3. c. 20.-17 Edw. IV. c. 1.-4 H. 7. c. 2.-18 Eliz. lating to bulc. 15.-8 W. 3. c. 8.-6 Geo. I. c. 11. s. 41.-12 Geo. II. c. 26.24 Geo. III. c. 53.-30 Geo. III. c. 31.-38 Geo. III. c. 69.To counterfeit bullion is made a capital felony, 8 and 9 W. 3. c. 26. s. 6. but corruption of blood and loss of dower are expressly saved in the statute, s. 7.; and the prosecution must be commenced within three months after the offence committed, s. 9. To export bullion in imitation of Spanish ingots of silver is prohibited under penalty of £500, to be sued for qui tam, 6 and 7 W. 3. c. 17. s. 3. Molten silver without stamp and affidavit that it was never current money of this realm nor clippings thereof, nor plate wrought within this kingdom, may be seized by any custom-house officer, id. s. 5, 6. And to export any bullion or molten silver without a certificate first obtained from the lord mayor and aldermen of London, and oath having been made by the owners and two witnesses that the same was and is foreign bullion, and that no part thereof was the coin of this realm or clippings thereof, nor plate wrought within this kingdom; and the same having been circumstantially certified to the commissioners of customs before any cocket granted for shipping the same, subjects the owner to the loss of the bullion and double their value; the captain to the forfeiture of £200. and if in the king's service, loss of command, and the cocket officer to penalty of £200. and incapacity to hold any office, 7 and 8 W. 3. c. 19. s. 6. Buying or selling bullion by any brokers not being trading goldsmiths or refiners of silver, subjects to six months' imprisonment without bail, 6 and 7 W. 3. c. 17. s. 7. Having bullion in possession under peculiar circumstances of suspicion, compels the party to prove it to be lawful bullion on pain of six months' imprisonment without bail, 6 and 7 W. 3. c. 17. s. 8. For a more full statement of these acts see 1 East, P. C. 188. to 198.

Crim. Law.

VOL. II.

P

CHAPTER VII.

INDICTMENTS, &c. FOR OFFENCES AGAINST

THE REVENUE.

[*122]

[COMMENCEMENT* of indictment as ante 2.] That C. D. Indictment late of, &c. E. F. late of, &c. I. K. late of, &c. and divers other of felony, on 19 Geo. II. c. persons to the number of three and persons more, whose names 34. in assem- are as yet unknown to the said jurors, after the twenty-fourth bling in or day of July, which was in the year of our Lord one thousand der to be seven hundred and forty-six, to wit, on, &c. with force and aiding in rescuing smugarms at, &c. being then and there armed with fire arms and [123] other offensive weapons, to wit, with guns, pistols, carbines, gled goods pole-axes, large sticks, bludgeons, clubs, and loaded whips, unfrom an ex- lawfully, riotously, routously, and feloniously* did assemble themselves together, in order to be aiding and assisting in

[*124]

cise officer.

(a)

(a) See other precedents, Cro. C. C. 448. 1 Leach, 339. where counts are joined for assaulting and obstructing generally. See the statutes on offences of this kind, in general, set forth in Williams J. Smuggling, IV. Com. Dig. Justices, S. 22. Bac. Ab. tit. Smuggling. See precedents for various pecuniary penalties relative to offences against the excise and customs, 4 Wentw. 379, 380, 1, 2, 4. 388. 405. 584.-As to this offence. The 19 Geo. II. c. 34. provides that if any persons to the number of three or more armed with fire arms or other offensive weapons shall be assembled, in order to be aiding and assisting in the illegal exportation of wool or other goods prohibited to be exported, or the carrying of wool or other such goods in order to such ex

portation, or in the running, landing, or carrying away prohibited or uncustomed goods, or goods liable to pay any duties which have not been paid or secured, or in the illegal relanding of any goods whatsoever, which have been shipped or exported upon debenture or certificate; or in rescuing or taking away the same after seizure from any officer or officers of the customs or excise, or other his majesty's revenue, or other person or persons employed by him or them, or assisting him or them, or from the place where they shall be lodged by him or them; or in rescuing any person who shall be apprehended for any of the offences made felony by this or any other act relating to the revenues of customs or excise, or in preventing the appre