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OFFENCE.

Class of Offence
and
Statute or Authority.

COIN-continued.

8. 9.

122. Knowingly tendering, uttering, or putting off any false M. 24 & 25 Vict. c. 99,
or counterfeit coin resembling the current gold or silver
coin. [Note 36 as to utterings.]

123. The like offence as 122, and having at the time any other piece of false or counterfeit coin resembling the current gold or silver coin.

124. The like offence as 123, and either on the same day, or within ten days ensuing, knowingly tendering, &c. any like false or counterfeit coin.

125. Knowingly having in custody or possession three or more pieces of false or counterfeit gold or silver coin, with in

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[See Note 32, and Reg. v. Jarvis, 25 L. J. (N. S.)
M. C. 30; 1 Dears. C. C. 552.]

126. Committing any of the offences in the last three sections
(Offences 122-125), having before been convicted of a
similar offence.

[Where an indictment charged a felonious uttering of
counterfeit coin after a previous conviction for the
offence of uttering counterfeit coin, and the pri-
soner was arraigned and tried upon the subsequent
offence and found guilty; and then upon arraign-
ment, as to the part of the indictment which
charged that he had been previously convicted,
denied that he had been so previously convicted,
and the jury after inquiry found that he had not
been so previously convicted; it was held, that
the prisoner could not be convicted of the misde-
meanor of uttering the counterfeit coin. (Reg. v.
Thomas, 44 L. J., M. C. 42.)]

[See Note 38 as to evidence of previous conviction.]
127. With intent to defraud, tendering, &c. as the current gold
or silver coin any foreign coin, or any medal, or piece of
metal resembling the current coin, such coin, &c. being
of less value than the current coin.

[See Reg. v. Robinson, 34 L. J. (N. S.) M. C. 176;|
1 Leigh & Cave, C. C. 604; 12 Law T., N. S. 501.]

128. Copper Coin.] Making or counterfeiting coin resembling current copper coin,-or knowingly making, mending, buying, selling, or having in custody or possession (Note 32) any tool, &c. for counterfeiting same, or buying, selling, receiving, paying, or putting off, or offering to buy, &c. counterfeit coin resembling current copper coin for less value than it imports.

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37 When Bail in Misdemeanors is "Discretionary" or "Compulsory."] By 11 & 12 Vict. c. 42, s. 23, ante, pp. 979, 980, bail is discretionary with the justices in all felonies and certain specified misdemeanors (of which those in this title are not named), and where the person is charged "with any misdemeanor for the prosecution of which the

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costs may be allowed out of the county rate." But as the 24 & 25 Vict. c. 99, s. 42, in Note 35, supra, annexes conditions to the allowance of such costs: 1st, that the prosecution shall be conducted by the treasury; and 2nd, that if conducted by an independent prosecutor a conviction shall take place,-it follows that bail in the cases of

OFFENCE.

Class of Offence and

Statute or Authority.

COIN-continued.

s. 15.

129. Knowingly tendering, &c. false or counterfeit coin re- M. 24 & 25 Vict. c. 99, sembling current copper coin,-or knowingly having in custody or possession (Note 32) three or more pieces of such counterfeit coin with intent to utter same.

130. Foreign Coin.] Making or counterfeiting foreign gold or silver coin.

[MEM. Making or procuring dies for the purpose is a
misdemeanor at common law (Reg. r. Roberts, 25
L. J. (N. S.) M. C. 17; 26 Law T. 126.

F. Id. s. 18.

131. Bringing such counterfeit coin into the United Kingdom.

F. Id. s. 19.

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135. Making or counterfeiting foreign copper coin, or any other metal coin, of less value than silver foreign coin.

M. Id. s. 22.

136. General Offences.] Knowingly exporting, or putting on board to be exported, any counterfeit coin resembling, &c. current coin.

137. Defacing current gold, silver, or copper coin, by stamping thereon any names or words.

M. Id. s. 8.

M. Id. s. 16.

misdemeanor in this title is "discretionary" when the prosecution is conducted by the treasury, and "compulsory," when otherwise conducted. In the latter case no certificate of the expenses incurred by the prosecutor before them can be given by the magistrates until after the conviction of the accused. Bail in cases of felony, which is regulated solely by 11 & 12 Vict. c. 42, s. 23, is unaffected by the 24 & 25 Vict. c. 99; but the allowance of costs in felonies, like in misdemeanors, will be wholly regulated by the latter act, and not the 7 Geo. 4, c. 64, s. 22.

38 Evidence of previous Conviction-"Prevention of Crimes Act, 1871."] 24 & 25 Vict. c 99, s. 37, as to the evidence of a previous conviction, and at which stage it is to be

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proved at the trial, is a similar enactment to 24 & 25 Vict. c. 96, s. 116, in Note 81, post, tit. "Larceny" [see Reg. v. Martin, 39 L. J. (N. S.) M. C. 31; 21 Law T., N. S. 469]; and so is sect. 9 of the "Prevention of Crimes Act, 1871," 34 & 35 Vict. c. 112, Note 1, ante, p. 1006, on the latter point.

39"COMBINATIONS: "Jurisdiction of Quarter Sessions in some Cases.] Vide 5 & 6 Vict. c. 38, s. 1, paragraph 16, ante, p. 973. An indictment for conspiracy in the general form to obtain money by false pretences, is within the jurisdiction of the quarter sessions (Latham v. Reg., 9 Cox, C. C. 516; 10 Law T., N. S. 571).

OFFENCE.

Class of Offence and Statute or Authority.

COIN-continued.

8. 24.

138. Knowingly or without authority making, mending, buy- F. 24 & 25 Vict. c. 99, ing, selling, or having in custody or possession (Note 32, as to possession, and Cases), any coining tools, presses, machine, &c.

[MEM. A galvanic battery is a 66 machine" Reg. v.

Gover, 9 Cox, C. C. 282).

139. Conveying coining tools, monies, or metal out of the Mint without authority.

140. Principal in second degree and accessories before the fact. [See Reg. v. Greenwood, 21 L. J. (N. S.) M. C. 127; 2 Den. C. C. 453.]

141. Accessory after the fact to any felony under the act.

COMBINATIONS. See "Conspiracies."

142. Unlawful combinations and confederacies.

[By 9 & 10 Vict. c. 33, s. 1, proceedings under 39 Geo. 3,
c. 79, and 57 Geo. 3, c. 19, for seditious practices and
meetings must be commenced in the name of the law
officers of the crown. See tit. "Oaths (Unlawful."]

COMPANIES, Offences by Directors of. [See tits. "Fraudu-
lent Trustees," 99.66
Trading Companies."]

COMPOUNDING.

F. Id. s. 25.

F. Id. s. 35.

Id.

M. 39 Geo. 3, c. 79, s. 2; 57 Geo. 3, c. 19. s. 25.

143. Compounding a felony. [1 Hawk. c. 59, s. 5, fc.]

M. Common Law.

Id.

144. Compounding a misdemeanor, without legal sanction. [See 5 East, 298, 302.]

145. Compounding informations on penal statutes, without M. 18 Eliz. c. 5, s. 4 ; leave of court. 56 Geo. 3, c. 138, s. 2.

CONCEALING BIRTH (Note 40).

8. 60.

146. If any woman shall be delivered of a child, every person M. 24 & 25 Vict. c. 100, who shall, by any secret disposition of the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof.

40 "CONCEALING BIRTH:" Enactment-Decision.] "If any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the jury by whose verdict such person shall be acquitted to find, in case it shall so appear in evidence, that the child had recently been born, and that such person did, by some secret disposition of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the court may pass such sentence as if such person had been convicted upon an indict

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