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so wickedly and unlawfully endeavoured to persuade, solicit, and instigate the said A. U. to swear as aforesaid, in order that he the said A. B. might be exonerated, freed, and discharged from divers expenses which might accrue to him, as being the father of such child, after the same should be born of the body of her the said A. U. against the peace, &c.

FRAUDS RELATING TO THE COIN.

162. Indictment for coining copper money.

(Commencement as in pr. 1.) Three pieces of false, feigned, and counterfeit copper money, each and every of them made and counterfeited to the likeness and similitude of a piece of good, legal, and current copper money of this realm, called a halfpenny, then and there, unlawfully and feloniously did make, coin, and counterfeit, against the form of the statute, &c. and against the peace, &c. (i).

163. Indictment for putting off false copper money at a lower rate than its denomination imports.

400 pieces of false and counterfeit copper 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 (k) then

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melted down or cut in pieces, then and there unlawfully and feloniously did sell, pay, and put off to one C. D. 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 halfguinea, being of the value of ten shillings and sixpence, against the form, &c. and against the peace, &c.

164. Indictment for putting off counterfeit silver money (1).

That I. A. late of, &c. labourer, and E. A. late of the same place, wife of the said I. A. on, &c. with force and arms, at, &c. ten pieces of false and counterfeit milled money 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

(1) By the stat. 8 & 9 W. 3. c. 26. s. 6. whoever shall take, receive, pay, or put off*, any counterfeit milled moneyt, or any milled money whatsoever, unlawfully diminished, and not cut in pieces, at or for a lower rate or value than the same by its denomination doth or shall

import, or was coined or counterfeited for, shall be guilty of felony§.

By the 7th sec. corruption of blood is saved.

By sec. 9. the prosecution must be commenced within 3 months after the commission of the offence .

* These words denote an actual passing of the money, and would not be satisfied by proof of a mere tender, or an attempt to get rid of the money, which has not been accomplished. Woolridge's case, Leach, 251. East.

P. C. 179.

†This statute is confined to gold and silver coin; with respect to copper coin, see the stat. 11 G. 3. c. 40. s. 2.

‡ Milling signifies the process of passing the metal through a mill or press, so as to form it into a plate of proper thickness to be cut out into pieces for stamping. All the money now current is milled, (see East. P. C. 183. 9 W. 3. c. 2.) and so called in order to distinguish it from hammered money. It is unnecessary to prove that the counterfeit money was actually milled; it is sufficient, if it resemble the genuine milled money. R. v. Bunning, Leach, 708. East. P. C. 183. R. v. Dorrington. R. v. Lazarus, ib.

The punishment is burning in the hand, and imprisonment for a year, under the stat. 18 Eliz. c.7. s. 3.

The information and proceeding before the magistrate are deemed the commencement under this clause. R. v. Wellace, East. P. C. 168.

pieces, then and there, unlawfully and feloniously did put off, to one Mary Hulme (m), spinster, and one Peggy Nichols, spinster, at a lower rate and value than the same counterfeited pieces of milled money did by their denomination import and were counterfeited for, (that is to say) the sum of 2s. against the form of the statute, &c. and against the peace, &c.

2nd count charges the prisoners with putting off the same counterfeit coin to the said Mary Hulme.

3rd count charges the prisoners with putting off the same counterfeit coin to the said Peggy Nichols.

165. For putting off counterfeit silver, having at the same time counterfeit silver in possession (n).

That Jane, the wife of James Hodgson, late of the parish

(m) A woman was convicted at the O. B. Mich. 1702. for putting off counterfeit money to divers persons unknown; but Lord Holt said, that the names of the persons ought to be mentioned and laid severally. East. P. C. 180.

(n) By the stat. 8 & 9 W.3. c. 26. s. 3. made perpetual by stat. 7 Ann. c. 23. to colour, gild, or case over*, with gold or silver, or with any wash or materials producing the colour of gold or silver, any coin resembling the current coin, or any round blanks of base metal, or of coarse gold or silver, of a fit size and figure to be coined, or shall gild over any silver blanks of a size and figure resembling the current gold coin, is treason.

By s. 6. persons blanching copper for sale, or mixing blanched copper with silver, &c. or taking or paying counterfeit milled money, &c. are guilty of felony, and shall suffer death.

By s. 7. attainder by this act not to make corruption of blood. Ibid. By what evidence offenders may be convicted.

By stat. 15 Geo. 2. c. 28.† if any person shall wash, gild, or colour any lawful silver coin called a shilling or a sixpence, or any counterfeit or false shilling or sixpence, or add to or alter the impression, or any part of the impression, of either side of any such lawful or counterfeit shilling or sixpence, with intent to make such shilling resemble, or look like, or

To extract latent silver from the body of base metal by means of aqua fortis, is an offence within these words. R. v. Lavey and Parker, Leach,

182.

† This statute is confined to the gold and silver coin of the realm, and does not extend to copper money. Cirwan's case, East. P. C. 182.

of Whalley, in the county of Lancaster, labourer, on, &c. with force and arms, at, &c. one piece of false and counterfeit money, made and counterfeited to the likeness and si

pass for a piece of lawful gold coin called a guinea; or with intent to make such sixpence resemble, or look like, or pass for a piece of lawful gold coin called a half-guinea; or shall file or any ways alter, wash, or colour any of the brass monies called halfpennies or farthings, or add to or alter the impression, or any part of the inpression, of either side of a halfpenny or farthing, with intent to make a halfpenny resemble or look like, or pass for a lawful shilling, or with intent to make a farthing resemble or look like, or pass for a lawful sixpence, the person or persons so offending in any of the matters aforesaid, their counsellors, aiders, abettors, and procurers, shall be adjudged to be guilty of high treason. 8. 2. And if any person shall utter or tender in payment any false or counterfeit money, knowing the same to be false or counterfeit, to any person or persons, and shall be thereof convicted, such person so offending shall suffer six months imprisonment, and find sureties for his or her good behaviour for six months more, to be computed from the end of the said first six months; and if the same person shall afterwards be convicted a second time of the like offence of uttering or tendering in payment

any false or counterfeit money, knowing the same to be so, such person shall, 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 in payment any false or counterfeit money, knowing the same to be so, and shall be convicted of such third offence, he or she shall be adjudged to be guilty of felony, without benefit of clergy.

s. 3. And if any person shall utter, or tender in payment, any false or counterfeit money, knowing the same to be false or counterfeit, to any person or persons, and shall, either on the same day, or within the space of ten days then next, utter or tender in payment any more, or other false or counterfeit mo

ney, knowing the same to be false or counterfeit, to the same person or persons, or to any other person or persons, or shall, at the time of such uttering or tendering, have about him or her, in his or her custody, one or more piece or pieces of counterfeit money, besides what was so uttered or tendered, then such person, so uttering or tendering the same, shall be deemed and taken to be

militude 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

a common utterer of false money, and being thereof convicted, shall suffer a year's imprisonment, and shall find sureties for his or her good behaviour for two years more, to be computed from the end of the said year; and if any person having been once so convicted as a common utterer of false money, shall afterwards again utter or tender in payment any false or counterfeit money, to any person or persons, knowing the same to be false or counterfeit, then such person being thereof convicted, shall for such second offence be adjudged to be guilty of felony, without benefit of clergy.

s. 4. And that the person or persons convicted of any of the treasons and felonies respectively hereinbefore mentioned, shall suffer death, as in case of high treason and felony respectively; but the blood of the heirs of such offender shall not be thereby corrupted, nor shall his wife thereby lose her dower.

s. 5. And that the person and persons that shall be guilty of any of the treasons, felonies, or crimes aforesaid, shall be indicted, arraigned, tried, and convicted by such like evidence, and in such manner as is now used and allowed against any offenders for counterfeit

ing the lawful coin, provided that there shall be no prosecutions for any of the offences made treason or felony by this act, unless such prosecution be commenced within six months next after such offence shall be committed,

s. 8. Whoever, being out of prison, shall commit any of the offences aforesaid, and shall afterwards discover two or more persons who shall have comInitted any of the said offences, so as such two or more persons shall be thereof convicted, such discoverers shall have his majesty's pardon.

s. 9. If any person shall be convicted of uttering or tendering any false or counterfeit money as aforesaid, and shall afterwards be guilty of the like offence in any other county or city, the clerk of the assize, or clerk of the peace for the county or city where such first conviction was so 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.

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