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CHAPTER THE FIFTH.
OF RECEIVING OR PAYING FOR THE CURRENT COIN ANY MORE OR
LESS THAN ITS LAWFUL VALUE.
The statute 5 & 6 Edw. 6. c. 19. reciting that divers covetous 5 & 6 Ed. 6. c. persons, of their own authorities, and notwithstanding a statute of 19. 25 Edw. 3. st. 2. c. 12. had of late taken upon them to make exchanges, as well of coined gold as of coined silver, receiving and paying therefore more than the current value as it had been declared by the King's proclamation; enacted, that if any person should exchange any coined gold, silver, or money, giving, receiving, or paying any more in value, benefit, profit, or advantage for it than the same was or should be declared by the King's proclamation to be current for within this realm, and the King's other dominions, that then all the said coined gold, silver, and money so exchanged should be forfeited, and the offenders be imprisoned for a year, and fined at the King's pleasure.
It was objected in two recent cases, that the exchanging guineas Exchanging for bank notes, taking the guineas in such exchange at a higher guineas for value than they were current for by the King's proclamation, was within the stanot an offence within this statute : and, after solemn arguments at tute. several times before the Judges, the point was decided in favour of the objection.(a) In consequence of this decision the 51 G. 3. c. 127. 51 G. 3. c. 127. and the 52 G.3. c. 50. (continued by the 53 Geo. 3. c. 5. to the 25th and 52 G. 3. c. March, 1814, and further continued by the 54th Geo. 3. c. 52. ceiving or payduring the continuance of any act imposing any restriction on the ing for gold bank of England with respect to payments in cash) made several coin more than provisions upon this subject which have now ceased by the opera- lue,
whether in tion of the 59 Geo. 3. c. 49. s. 1. which removed the restrictions money or bank on payments in cash under the several Bank acts, on the 1st of notes. May, 1823.
The provisions made upon this subject by the 56th Geo. 3. c. 56 Geo. 3. c. 68. s. 13. as to receiving the current gold coin for more or less 58. 5. 13., as to than its value, according to its denomination, should however paying for gold be here mentioned. That statute enacts, that “ no person
shall coin more or " by any means, device, shift, or contrivance whatsoever, receive less than its “ or pay for any gold coin lawfully current within the United ing to its de
Kingdom of Great Britain and Ireland any more or less in value, nomination. “ benefit, profit, or advantage than the true lawful value which “ such gold coin doth or shall by its denomination import; nor
(2) Rex v. De Yonge, 14 East 402.; and Rex v. Wright, cited 14 East 404.
Sect. 14. Per
“shall utter or receive any piece or pieces of gold coin of this “ realm at any greater or higher rate or value, nor at any less or “ lower rate or value than the same shall be current for in pay“ment according to the rates and values declared and set upon “ them pursuant to law, and that every person who shall offend “ herein shall be deemed and adjudged guilty of a misdemeanor, “ and being thereof convicted by due course of law, shall suffer
imprisonment for the term of six calendar months, and shall
“ find sureties for his or her good behaviour for one year more, to Second of
“ be computed from the end of the said six months; and if the
“ same person shall afterwards be convicted of the like offence, Punishment.
“such person shall for such second offence suffer one year's im
prisonment, and find sureties for his or her good behaviour for
“ one year more, to be computed from the end of the said lastSubsequent “ mentioned year; and if the same person shall afterwards offend
against this act, and shall by due course of law be convicted of any subsequent offence, he or she shall be imprisoned for the term of two years for every such subsequent offence."
The 14th section enacts « that if any person who shall be consons convicted « victed of receiving or paying any such gold coin contrary to this gain guilty "act, shall afterwards be guilty of the like offence, the clerk of clerk of the
“ the assize or clerk of the peace for the county, city, or place peace shall certify former
“ where such conviction was so had, shall, at the request of the
prosecutor, or any other person on his Majesty's behalf, certify “ 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.”
The 15th section enacts, that no person against whom any “ bill of indictment shall be found at any assizes or sessions of “the peace, for any offence against this act, shall be entitled to “ traverse the same to any subsequent assizes or sessions; but " the court, at which such bill of indictment shall be found, shall
“ forthwith proceed to try the person or persons against whom the Proviso. “same shall be found, unless he, she, or they shall shew good
cause, to be allowed by the court, why his, her, or their trial
“ should be postponed.” Sect. 16. On
The 16th section enacts, “that on any prosecution or trial of prosecution,
“any offender or offenders hereafter to be prosecuted or tried for to prove mo- “ any offence against this act, it shall not be necessary to prove ney lawful.
“ that the gold coin received or paid, or uttered contrary to this
act, is the current gold coin of this realm, but the same shall “ be deemed and taken so to be, if received or paid, or uttered as “ such, until the contrary thereof shall be proved to the satisfac“tion of the judge, justice, or court, before whom any such “ offender or offenders shall be prosecuted or tried.”
Sect. 15. In dictment not to be traversed.
CHAPTER THE SIXTH.
OF SERVING, OR PROCURING OTHERS TO SERVE,
ENTERING into the service of any foreign state without the con- Serving fosent of the king, or contracting with it any other engagement reign states, e which subjects the party to an influence or controul inconsistent at common with the allegiance due to our own sovereign, is, at common law, law. a high misdemeanor, and punishable accordingly. (a) Indeed it is considered as so high an offence to prefer the interest of a foreign state to that of our own, that any act is criminal which may but incline a man to do so; as to receive a pension from a foreign prince without the leave of the king. (b)
But with respect to serving, or procuring others to serve, 3.18. as to foreign states, provisions have been made by several statutes. subjects going The 3 Jac. 1. c. 4. s. 18. enacts, that “every subject of this realm out of the “ that shall go or pass out of this realm to serve any foreign &c. felony. “ prince, state, or potentate, or shall pass over the seas, and shall
voluntarily serve any such foreign prince, state, or potentate,
not having before his going taken the oath of obedience, (c) shall “ be a felon." The nineteenth section of the statute enacts, that “if any gentleman or person of higher degree, or any person which “ hath borne, or shall bear any office, or place of captain, lieu“ tenant, or any other place, charge, or office, in camp, army, or
company of soldiers, or conductor of soldiers, shall after go or pass voluntarily out of this realm to serve any such foreign prince, state, or potentate, or shall voluntarily serve any such
prince, state, or potentate, before that he and they shall become “ bound by obligation, with two sureties, &c.” with a condition, to the effect that he will not be reconciled to the see of Rome, nor enter into any conspiracy against the king (as particularly set forth in the act) " he shall be a felon.”
Upon the construction of this statute it has been considered, Construction.
(a) i East. P. C. c. 2. s. 23. 4 Blac. Com. 122.
(6) 1 Hawk. P. C. c. 22. s. 3. 4 Blac. Com. 121. 3 Inst, 144.
(c) The oath is set forth in the act:
but it bas been since taken away by I W. and M. sess. 1. c. 8. s. 2. and new oaths of allegiance and supremacy enjoined in its room.
intent to en
that if a party go out of the realm with intent to serve a foreign
The trial of an offence against this statute is to be where the offence is committed, which is at the place where the party passed
out of the kingdom. (e) 59 G. 3. c. 69. The statute 59 Geo. 3. c. 69. reciting that the enlistment or Any subjects engagement of his Majesty's subjects to serve in war in foreign of his Majesty enlisting or
service, without his Majesty's licence; and the fitting out, and engaging to equipping, and arming of vessels by his Majesty's subjects, withenlist or serve out his Majesty's licence, for warlike operations in or against in foreign ser
the dominions or territories of any foreign prince, state, &c. or vice, or engaging to go against the ships, goods, or merchandize, of any foreign prince, into a foreign state, &c., might be prejudicial to, and tend to endanger the country with
peace and welfare of this kingdom, repeals the statutes, 9 Geo. 2. list, &c. with- c. 30. and 29 Geo. 2. c. 17., and also the two Irish statutes, 11 out licence,
Geo. 2. and 19 Geo. 2.; and then enacts, that “if any natural born &c.; and any
“ subject of his Majesty, his heirs and successors, without the curing or at- “ leave or licence of his Majesty, &c. for that purpose first had tempting to
“ and obtained under the sign manual of his Majesty, his heirs or procure others to enlist, &c. successors, or signified by order in council, or by proclamation
“ of his Majesty, his heirs or successors, shall take or accept, or deemed guilty « shall agree to take or accept, any military commission, or shall meanor, and
“ otherwise enter into the military service as a commissioned or punishable by“ non-commissioned officer, or shall enlist or enter himself to enfine and imprisonment.
list, or shall agree to enlist or to enter himself to serve as a “ soldier, or to be employed or shall serve in any warlike or mili“tary operation, in the service of, or for, or under, or in aid of,
any foreign prince, state, potentate, colony, province, or part of
any province or people, or of any person or persons exercising,
any foreign country, colony, province, or part of any province, or
capacity; or if any natural born subject of his Majesty shall,
war, or in and on board any ship or vessel used or fitted out, or
equipped or intended to be used for any warlike purpose, in the “ service of, or for, or under, or in aid of, any foreign power, “prince, state, potentate, colony, province, or part of any province, “ or people, or of any person or persons exercising, or assuming to “ exercise, the powers of government in or over any foreign coun"try, colony, province, or part of any province, or people; or if
any natural born subject of his Majesty shall, without such leave “ and licence as aforesaid, engage, contract, or agree to go, or shall
(d) 3 Inst. 80. 1 East. P. C. c. 2. 9. 23. p. 82.
(c) 3 Inst. 80. 3 Jac. 1, c. 4. s. 36.
go to any foreign state, country, colony, province, or part of any s province, or to any place beyond the seas, with an intent or in “ order to enlist, or enter himself to serve, or with intent to serve, “ in any warlike or military operation whatever, whether by land
or by sea, in the service of, or for, or under, or in aid of any “ foreign prince, state, potentate, colony, province, or part of any
province, or people, or in the service of, or for, or under, or in “ aid of, any person or persons exercising, or assuming to exercise, “the powers of government in or over any foreign country, colony,
province, or part of any province, or people, either as an officer or a “ soldier, or in any other military capacity, or as an officer, or sailor, “ or marine, in any such ship or vessel as aforesaid, although no “ enlisting money, or pay, or reward, shall have been, or shall be, “ in any or either of the cases aforesaid, actually paid to or re“ ceived by him, or by any person to or for his use or benefit; or “ if any person whatever, within the united kingdom of Great “ Britain and Ireland, or in any part of his Majesty's dominions « elsewhere, or in any country, colony, settlement, island, or place, “ belonging to or subject to his Majesty, shall hire, retain, engage, “ or procure, or shall attempt or endeavour to hire, retain, engage, “ or procure, any person or persons whatever to enlist, or to enter “ or engage to enlist, or to serve or to be employed in any such “service or employment as aforesaid, as an officer, soldier, sailor, " or marine, either in land or sea service, for, or under, or in aid of, any foreign prince, state, potentate, colony, province, or any
any province, or people, or for, or under, or in aid of, any person or persons exercising, or assuming to exercise, any powers of government as aforesaid ; or to go, or to agree to go,
or embark, from any part of his Majesty's dominions, for the “purpose or with intent to be so enlisted, entered, engaged, or “ employed, as aforesaid, whether any enlisting money, pay, or “ reward, shall have been, or shall be, actually given or received or “not; in any or either of such cases, every person so offending 6 shall be deemed guilty of a misdemeanor, and upon being con“ victed thereof, upon any information or indictment, shall be
punishable by fine and imprisonment, or either of them, at the 6 discretion of the court before which such offender shall be con“ victed.” (a)
The seventh section of the statute enacts, that “if any person, Any person “ within any part of his Majesty's dominions beyond the seas, “shall, without the leave and licence of his Majesty for that pur- ping, &c. or pose, first had and obtained as aforesaid, equip, furnish, fit out, procuring to
be equipped, or arm, or attempt or endeavour to equip, furnish, fit out,
any or arm, or procure to be equipped, furnished, fitted out, or armed, sel,with intent “ or shall knowingly aid, assist, or be concerned in the equipping, that it shall “ furnishing, fitting out, or arming of, any ship or vessel, with be employed a intent or in order that such ship or vessel shall be employed in of any “ the service of any foreign prince, state, or potentate, or of any prince, &c. or
(a) S. 3. contains a proviso except- procured others to enlist, &c. before ing persons from the operation of the the time therein specified. act who shall have enlisted, &c. or