terms "the king's current gold or silver coin," or "the king's current copper coin," shall include and denote any gold, silver, or copper coin respectively coined in any of his majesty's mints, and lawfully current in any part of his majesty's dominions, whether within the united kingdom or not; and any of the king's current coin which shall have been gilt, silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble or be apparently intended to resemble or pass for any of the king's coin of a higher denomination, shall be deemed to be "counterfeit coin," within the meaning of those parts of the act wherein mention is made of "false or counterfeit coin resembling, or apparently intended to resemble or pass for any of the king's current gold or silver coin." Having Counterfeit Coin in Possession.]-And by the same section, where the having any matter in the custody or possession of any person (h) is in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit, or for that of another, every such person shall be taken to have such matter in his custody or possession within the meaning of this act. Guilty Knowledge.]-Guilty knowledge, which is of the very essence of charges under this act, may be proved by showing other counterfeit coin in the possession of the prisoner, and other utterings by him of counterfeit coin to the same or other persons, although they are not charged in the indictment (i). When several are present with a common purpose at the uttering of counterfeit money, all may be indicted as principals; but an associate not present, is not liable to be convicted of such uttering, though a party in the scheme, and having other bad money about him for the purpose of uttering (j). Berkshire, to wit. Indictment for Uttering a Counterfeit Sovereign (k). } The jurors of our Lady the Queen, upon their oath present, that I. S. late of the parish of - in the county of Berks, labourer, on, &c. (h) See post, p. 330. (i) R. v. Whiley and Haines, 2 Leach, See 1 New R. 94. 983. (j) See R. v. Else, note, in next page, and as to uttering by wife in presence of 430. at, &c. one piece of false and counterfeit coin, resembling [resembling or apparently intended to resemble or pass for] a piece of the queen's current gold coin called a sovereign, unlawfully, falsely, and deceitfully did utter () [tender, utter, or put of] to one J. N. he the said I. S. at the time he so uttered the said piece of false and counterfeit coin, then and there well knowing the same to be false and counterfeit* against the form of the statute, &c. and against the peace, &c. [An indictment on s. 12, for a similar offence relating to copper coin, may be easily framed from the above.] Indictment for uttering a Counterfeit Shilling, having at the same time a Counterfeit Shilling in Possession (m). (See s. 7, p. 324.) (As in last precedent to the *.) Then state, And that the said J. S. at the said time when he so uttered [tender, utter, or put off ], the said piece of false or counterfeit coin as aforesaid, then and there had in his possession, besides the said piece of false or counterfeit coin so uttered, one other piece of false and counterfeit coin resembling [resembling, or apparently intended to resemble or pass for] a piece of the queen's current silver [gold or silver] coin called a shilling, against the form of the statute, &c. and against the peace, &c. (n). (1) This will suffice without alleging, "tender in payment," and vice versâ, R. v. Franks, 2 Leach, C. C. 644; for the words of sect. 7 are," tender, utter, or put off," in the disjunctive, which show there may be an "uttering" without a putting off. In R. v. Franks, 1 Leach, 644, on the words of 15 G. II. c. 28, s. 2, "utter or tender in payment," an uttering was held indictable. The case was one of a Jew fruitseller, who having received a good shilling in payment for fruit, returned a bad one, pretending it to be that he had received. That trick was called "ringing the changes." Where an indictment on sect. 7 charges several utterings to different persons on the same day, in several counts, the sentence must be of separate imprisonment for each offence; and where two utterings were charged in two separate counts, and were proved as laid, but the judgment was single, viz. for two years' imprisonment and hard labour, it was held bad; for want of two consecutive judgments, each of a year's imprisonment, R. v. Robinson, 1 Moo. C. Č. 413. Where one of two persons in presence of the other utters a counterfeit coin, and other counterfeit coin is found on the other person, they are jointly guilty under sect. 7, if both had a common intent of uttering and both knew of the possession, Reg. v. Gerrish and Brown, 2 M. & Rob. 219 (Gurney and Maule, Bs.) (m) From Archb. Cr. Pl. & Ev. 6th ed. 430. (n) A man and woman were indicted for uttering a bad shilling, they having another bad shilling in their possession at the time. The woman uttered when alone. The man had been her associate on that day and had other bad money upon him for the purpose of uttering. Held that he could not be convicted with the woman, the actual utterer, and that she could not be convicted of more than the single offence of having uttering, and not of the offence of having other bad money in her possession at the time of the uttering, R. v. Else, Russ. & Ry. 142. But where two persons went to a shop, and one having bad money, stood outside while the other went in and uttered a bad coin, having no other in her possession, both were held properly convicted of the second offence; for the uttering and possession were joint, R. v. Skerrett, 2 C. & P. 417. Indictment for uttering Counterfeit Coin twice within Ten Days (0). (Sect. 7, ante, p. 324.) day of day of (As in first precedent to the *, then as follows): And that the said J. S. afterwards on the same day, that is to say, on the said in the year last aforesaid [or afterwards, and within the space of ten days then next ensuing, to wit, on the in the year last aforesaid] at, &c. one other piece of false and counterfeit coin resembling [resembling, or apparently intended to resemble or pass for] a piece of the queen's current silver [gold or silver] coin called a shilling, unlawfully, falsely, and deceitfully did utter [tender, utter, or put off] to the said J. N. [or, to one G. H.] he the said I. S. at the time when he so uttered the said piece of false and counterfeit coin, then and there well knowing the same to be false and counterfeit, against the form of the statute, &c. and against the peace, &c. (p). Indictment for having in Possession Three or more Pieces of Counterfeit Coin (q). (Sect. 8, ante, p. 325.) (Commencement as in first precedent). In the county aforesaid, four pieces of false and counterfeit coin resembling [resembling, or apparently intended to resemble or pass for] the queen's current silver [gold or silver] coin called shillings, unlawfully, falsely, and deceitfully had in his custody and possession, with intent to utter [tender, utter or put off] the said pieces of false and counterfeit coin, he the said I. S. then and there well knowing the said pieces of false and counterfeit coin to be false and counterfeit, against the form of the statute, &c. and against the peace, &c. (r). (0) Archb. Cr. Pl. & Ev. 6th ed. 431. (p) The two facts of uttering twice on the same day (or within ten days) must be united in one count of the indictment as above, as a single charge, R. v. Tandy, 2 Leach, C. C. 835. See id. 923, R. v. Martin. Judgments for separate utterings must be separate, ante, p. 329, n. No conclusion of law as that the offender is "a common utterer," need be stated, R. v. Smith, 2 B. & P. 127. (q) See Archb. Cr. Pl. & Ev. 433, 6th ed. Two were indicted on sect. 8 for substantive offence in having bad coin in possession. Such coin found on one is in the joint possession of the two, if both had the common intent of uttering and were cognizant of the possession (by all the judges), R. v. Rogers, H. 1839, stated 2 M. & Rob. 220. (r) As to what is "custody and pos session," see 2 W. IV. c. 34, s. 21, ante, p. .308. It seems that the offender's turn- SECTION VII. COMPOUNDING FELONY. Offence at Common Law.]—The agreeing to receive money in consideration of compounding a charge of felony is a high misdemeanour, subjecting the party who commits it to imprisonment and fine (s). Formerly it was thought to constitute the offender an accessory to the original crime; but this construction has not prevailed in modern times (t). It is also a misdemeanour to receive money for compounding a prosecution for misdemeanour, or a criminal information, without leave of the court in which the proceeding is depending (u); but that permission is sometimes granted in cases of personal injury (v). The compounding penal actions without leave of the court was made punishable by the statute 18 El. c. 5, s. 3 and 4 (w), with the forfeiture of 102., half to the party grieved and half to the crown, with exposure in the pillory (now abolished). But 18 El. c. 5, does not apply to informations for offences cognizable only before magistrates; and, therefore, an indictment for compounding such an offence was holden bad in arrest of judgment (x). Indictment at Common Law for Compounding a Felony. That one A. B. late of, &c. on, &c. with force and arms, at, &c. one silver spoon of the value of five shillings, of the goods and chattels of one C. D. then and there being found, feloniously did steal, take, and carry away, against the peace of our Lady the Queen, her crown and dignity. And that the said C. D. late of, &c. well knowing the premises, but unlawfully and unjustly contriving and intending to prevent the due course of law in this behalf, and to procure the said A. B. to escape with impunity, afterwards, to wit, on, &c. at, &c. unlawfully and unjustly, and for the sake of wicked lucre, did compound the said felony with the said A. B. and did then and there exact, receive, and have of the said A. B. five pounds in monies numbered for and as a reward for compounding for the said felony, and for desisting from all prosecution of the said A. B. for the felony aforesaid, and that the said C. D. on, &c. at, &c. did thereupon desist and from that time hitherto hath desisted from all prosecution of the said A. B. for the felony aforesaid, to the great hindrance of public justice, and against the peace, &c. See 4 Wentw. 327. Offence by Statute.]-By 7 & 8 G. IV. c. 29, s. 58, every person who shall corruptly take any money or reward, directly or indirectly, (8) 1 Hale, 546, 619; 2 Hale, 400. (t) 4 Bla. Com. 134. (u) Collins v. Blantern, 2 Wils. 341, 349; Edgecomb v. Ross, 5 East, 298, 302. (v) See post, Ch. VII. (w) See R. v. Stone, 4 C. & P. 379; R. v. Gotley, R. & Ry. 84; R. v. Crisp, 1 B. & Ald. 282. (x) R. v. Crisp, 1 B. & Ald. 282. under pretence or upon account of helping any person to any chattel, money, valuable security, or other property whatsoever, which shall by any felony or misdemeanour, have been stolen, taken, obtained, or converted as aforesaid, shall, unless he cause the offender to be apprehended and brought to trial for the same, be guilty of felony; and being convicted 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 (with or without hard labour, and with or without solitary confinement, 7 & 8 G. IV. c. 29, s. 4), for any term not exceeding four years; and if a male, to be once, twice, or thrice, publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment. Indictment for taking a Reward for the Recovery of That I. S. late of, &c. at, &c. corruptly and feloniously did take and receive from certain money and reward, to wit the sum of - of the monies of the said under pretence [or upon account] of then and there helping the said 97 or "valuable security" state it before then feloniously stolen, taken, and I. N. to certain goods and chattels [if "money accordingly] of him the said carried away [if obtained by a misdemeanour, say "obtained or converted"] the said I. S. not having caused the said person by whom the said goods and chattels were so stolen, taken, and carried away [or obtained and converted] to be apprehended and brought to trial, as aforesaid (y), for the same, against the form of the statute, &c. and against the peace, &c. In former editions, indictments on 18 El. c. 5, s. 4, for compounding an offence against a penal statute, and for taking money to refrain from laying an information, were here inserted; but, as in practice, such offences are seldom tried at sessions, they have been omitted, and the above inserted as of more common occurrence. SECTION VIII. CONCEALING BIRTH OF CHILD. BY 9 G. IV. c. 31, s. 14, if any woman shall be delivered of a child and shall, by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, (y) The law does not authorize a private person to forego a prosecution on any terms, Reg. v. Daly, 9 C. & P. 312. |