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.

132. Knowingly tendering, &c. such counterfeit coin.

M. Id. s. 20.

133. The like, the second offence.

[See Note 38, as to the proof of the previous conviction.]

134. The like, the third offence.

[See Note 38, as to the proof of the previous conviction.]

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

M. Id. s. 21.

F. Id.

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

1335

Assizes (5 & 6 Vict. c. 38, ante, p. 973: and see Note 34).

Sessions (Note 34). Discretionary 1st Offence.] Impr. not

or com

exc. 1 year.

Discretionary
(11 & 12 Vict.
c. 42, s. 23,
ante, p. 977.

Same as Offence 126,
supra, (s. 21).

Id.

Id.

pulsory, as

2nd Offence.] Pen. serv.

Offence 127.

7-5 yrs.; or impr.

not exc. 2 yrs., h. 1.

and s. c. (s. 22).

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

"machine" Reg. v.

F. Id. s. 25.

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.

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).

s. 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

ment for the concealment of the birth" (24 & 25 Vict. c. 100, s. 60). The cases upon this enactment are-Reg. v. Perry, 1 Dears. C. C. 471; 24 L. J. (N. S.) M. C. 137; Reg. T. Opie, & Cox, C. C. 332; Reg.v. Sleep, 9 Cox, C. C. 559; Reg. v. May, 16 Law T., N. S. 362; Reg. v. Brown, 39 L. J. (N. S.) M. C. 94; 22 Law T., N. S. 484; Reg. v. George, 11 Cox, C. C. 41; Reg. v. Richards, Id. 43; Reg. v. Cook, Id. 542; 22 Law T., N. S. 216; Reg. v. Williams, 11 Cox, C. C. 684.

OFFENCE.

Class of Offence and

Statute or Authority.

CONSPIRACIES (Note 41).

147. By two or more persons;-1. To charge another with crime; 2. To defraud or injure others; 3. To commit an offence; 4. To prevent the course of justice; 5. To effect legal purposes by improper means; and 6. Of journeymen to raise wages. [1 Hawk. c. 72, s. 2.]

148. To commit an offence which the quarter sessions have
jurisdiction to try when committed by one person.

[MEM. Indictments cannot be preferred for conspiracies
without a previous inquiry before justices or the order of
a judge, &c.; see 22 & 23 Vict. c. 17, ante, pp. 876,
877.]

[Conspiracy to murder. See Offence 393, tit. "Murder."]

M. Common Law.

Id.

s. 5.

148a. Wilfully and maliciously breaking a contract of service, or M. 38 & 39 Vict. c. 86,
of hiring, knowing or having reasonable cause to believe
that the probable consequences of his so doing, either
alone or in combination with others, will be to endanger
human life or cause serious bodily injury, or to expose
valuable property, whether real or personal, to de-
struction or serious injury.

[MEM. See Note 70, ante, p. 349. The parties and their
husbands or wives are competent witnesses, s. 11. See
Note 71, p. 350.]

CONSTABLES.

149. Refusing to execute the office when required by law to do so [e.g. as chief or petty constable, overseer of the poor, &c.], or neglecting duty. [See R. v. Bower, 1 B. & C. 585; 2 D. § R. 842.]

150. Any person refusing to assist a constable when called upon
to do so.

[Constables embezzling monies, see tit. "Public Ser-
vice."]

[Assaults on them, see tit. "Assaults," Offence 54.]

M. Common Law.

Id.

41" CONSPIRACIES:" Cases of Offences which are or are not Conspiracies-Offenders subject to Supervision of Police.] As to what are conspiracies punishable criminally or not, see Arch Cr. Pl. by Bruce, 16th ed. p. 870: 3 Russell on Crimes, 4th ed. p. 116. The most recent cases are Reg. v. Lewis (Mock Auctions), 11 Cox, C. C. 404; Reg. v. Gurney & others (Overend, Gurney & Co.), 11 Cox, C. C. 414; Reg. v. Warburton (to defraud partner), 40 L. J. (N. S.) M. C. 22; 23 Law T., N. S. 473: Ex parte Wason (statements in Parliament), 40 L. J. (N. S.) M. C. 68. Persons convicted of "the offence of conspiracy to defraud," are, upon a subsequent conviction, subject to the supervision of