Not unless

token be

used.

etc.

name, and shall be convicted thereof, by examination of witnesses, or confession at the Sessions, or by action in any Court of record, he shall have such punishment, by imprisonment, pillory, or other corporal pain (except death) as the Court shall appoint: saving to the party grieved such remedy, by action or otherwise, for the goods so obtained, as he might have had by common law.

On motion to quash an indictment, which was, that the defendant came, pretending that such a person had sent him to receive £20, and received it, whereas such person did not send him: by the Court; it is not indictable, unless he came with false tokens; for we are not to indict one man for making a fool of another. Blackerby, 79.

H. 13, G. 2, and Munoz. It was adjudged, that an indictment, averring the offence to be by false tokens, without showing what those false tokens are, is not sufficient; end that the fraudulently procuring a note from a person, by falsely affirming that there was one in the next room that would pay the money due upon it, whereas in fact there was no such person in the next room, is not a false token, but a false affirmation only. Sess. c. v., 201. Str., 1129.

By Act of 1791, 1 Faust, 78, it is enacted, that if any person shall By cunning, overreach, cheat, or defraud, by any other cunning, swindling garbs or devices, so that the ignorant or unwary, who are deluded thereby, lose their money or other property, every such person exercising such infamous practices, shall, on conviction thereof in any Court of this State, exercising criminal jurisdiction by trial by jury, be deemed guilty of enticing, inveigling, defrauding and swindling, and shall forfeit a sum at the discretion of the Court and jury, besides refunding to the party aggrieved double the sum he was defrauded of. Under which State statute it hath been held, that, obtaining property from By threats. an ignorant person by threats of a prosecution for stealing, or by threats of his life, constitutes the offence of swindling. State vs. Vaughan and Halcolm, 1 Bay, 282.

But that selling a blind horse as sound, or a free girl as a slave, are not within the statute. State vs. Delyon, 1 Bay, 353; and State vs. Wilson, 2 M. C. R., 135.

3d. Precedents.

1st. Warrant to apprehend a cheat.

District. SS.

To all and singular the Constables, and other peace officers of the

districts aforesaid.

yeoman, and B. I.,

A. O., of

yeoman,

Whereas complaint hath been made unto me, A. B., magistrate for the said district, upon the oaths of A. I., of of yeoman, that on the day of did, by a false privy token, [or counterfeit letter] that is to say, by [here particularize the offence] falsely and deceitfully obtain, and get into his hands and possession [here mention the things] from C. I., contrary to the statute in that case made: these are therefore to command you, upon sight hereof, forthwith to bring the said A. O. day of to answer to the said com.

of

me, at

on the

before plaint, and farther to be dealt withal according to law. Given under my hand and seal, the

day of

in the year

A. B. [L. s.]

Let an affidavit, setting forth at large the particulars of the charge, be attached to the warrant.

By A. B., magistrate in and for the district aforesaid.

To all and singular the Constables, and other peace officers of the district of and to the keeper of the common jail of

in the district of

Whereas A. O., late of yeoman, hath been charged, upon oath, before me, with having falsely and deceit. fully obtained, and got into his hands and possession, [here mention the things] from C. I., of in the district aforesaid, by means of a false privy token, contrary to the statute in that case made and provided: these are therefore to command you, forthwith to convey and deliver into the custody of the said keeper of the said jail, the body of A. O., charged before me with [here specify the offence.] And you, the said keeper, are hereby required to receive the said A. O. into your custody, in the said jail, and him there safely keep, &c. Given under my hand and seal, the

day of

in the year

A. B. [L. S.]

CITIZENSHIP.

[See ALIEN.]

CHURCH.

[See BURGLARY.]

COIN.

By the constitution of the United States, sec. 8, c. 5, Congress shall have power to coin money, regulate the value thereof, and of foreign coin; also to provide for the punishment of counterfeiting the securities and current coin of the United States. And by sec. 10, c. 1, no State shall coin money, issue bills of credit, or make any thing but gold and silver coin, a tender in payment of debts.

1st. Of the coin of the United States.

By Act of Congress, 1837, 4 Story, 2523, sec. 8th, the standard of Of the alloy. gold and silver of the United States is required to be such, that of one

Of the silver coin.

Gold coin.

O" the cop. per coin.

thousand parts by weight, nine hundred shall be of pure metal, and one hundred of alloy. And the alloy of silver coins shall be of cop. per; and the alloy of the gold coins shall be of silver and copper; provided that the silver do not exceed one half of the whole alloy.

Sec. 9. That of the silver coins, the dollars shall be of the weight of four hundred and twelve and one half grains, and in like proportion of the parts of dollars; and shall be a legal tender, according to their nominal value, for any sums whatever.

Sec. 10. Of the gold coins, the weight of the eagle shall be two hundred and fifty-eight grains, and the weight of the half and quarter in like proportion; and for all sums whatever, shall be a legal tender, the eagle for ten dollars, the half for five, and the quarter for two and a half dollars.

All gold coins of the United States, coined anterior to July, 1834, are required to be received in all payments, at the rate of ninety-four and eight tenths of a cent per penny-weight.

Of the copper coin; the weight of the cent shall be one hundred and sixty-eight grains; and the weight of the half cent eighty-four grains; Act 1807, 4th Stcry, 2524. The copper coin is no where made a legal tender.

2d. Of Foreign Coin.

The following silver coins shall be of legal value, and shall pass

current as money within the United States by weight, for the payment of all debts and demands, at the rate of one hundred cents the dollar. That is to say, the dollars of Mexico, and Peru, Chili and Central silver. America, of not less weight than four hundred and fifteen grains each, and those re-stamped in Brazil, of like weight, of not less fineness than ten ounces, fifteen pennyweights of pure silver in the troy pound of twelve ounces of standard silver, and the five franc pieces of France, &c., at ninety-three cents each.

Act 1834, 4th Story, 2373.

The following gold coins shall pass current, and be receivable in all Gold coin payments by weight, at the rates following, to-wit: the gold coins of by weight. Great Britain, Portugal, and Brazil, of not less than twenty-two carats fine, at the rate of ninety-four cents and eight tenths of a cent. per pennyweight; the gold coins of France, nine tenths fine, at the rate of ninety-three cents, and one tenth of a cent. per pennyweight, and those of Spain, Mexico, and Colombia, of the fineness of twenty-three carats, three grains and seven sixteenths of a grain, at the rate of eighty-nine cents and nine-tenths of a cent. per pennyweight.

By Act of Assembly, 4th S. L., 543, gold and silver coins, of the following weights and denominations, shall pass current, and be received in payment, as a tender in law, in this State, at the following value of four shillings and eight-pence sterling to a Spanish milled dollar, and at the following relative value to each other: that is to say, Weight. 1. 8. d.

A Spanish milled dollar 4s. 8d.
Johannes,

Half ditto,

Quarter ditto,

dollars.

dut. grs.

Eighth ditto,

11

21

Quarter ditto,

French guinea,

This table is of force, except those parts which conflict with the

above Acts of Congress.

ing.

Any person who shall counterfeit, or utter, or attempt to pass, Counterfeit knowing them to be counterfeit, any of the aforesaid gold or silver coins, or shall make and keep in his or her possession, any stamp, dye, or mould for coining the same, upon being duly convicted thereof, shall be adjudged guilty of felony, and suffer death as a felon, without benefit of clergy. (By Act of 1845, this punishment is changed to whipping, imprisonment and fine.)

Clipping.

Counterfeit

ing gold or

If any person shall wilfully clip, file, or otherwise diminish the weight or value of any of the gold or silver coin, passing by authority of the General Assembly within this State, or shall cause the same to be clipped, filed or diminished, he shall, on conviction thereof, before the justices of any of the Courts of general sessions within this State, suffer, for every offence, twelve months close imprisonment, and during that period shall stand twice in the pillory, for one hour each time. A. A., 1408.

In the case of the State vs. Anfonio, 2d Tr. C. R., 776; it was decided that the State may punish offences against the current coin, and such punishment may be different from that affixed for such offence by Act of Congress; but it seems to be conceded that the coinage of the United States is not included in any of the Acts of Assembly, and for offences against such coin, the party must be indicted under the Acts of Congress.

By Act of Congress, 1825, 3d Story 2005, sec. 20; if any person or silver coin. persons shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any coin, in the resemblance or similitude of the gold or silver coin, which has been, or hereafter may be coined at the mint of the United States, or in the resemblance or similitude of any foreign gold or silver coin, which by law now is, or hereafter may be made current in the United States; or shall pass, Or utter, or utter, publish, or sell, or attempt to pass, utter, publish or sell, or bring into the United States from any foreign place, with intent to pass, utter, publish, or sell, as true, any such false, forged or counterfeited coin, knowing the same to be false, forged, or counterfeited, with intent to defraud any body politic, or corporate, or any other Punished by person or persons whatsoever; every person so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment, and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence.

pass.

fine, etc.