358 or counterfeit coin aforesaid, knowing the same to be false or counterfeit, The evidence on an indictment uuder the above statute, will be sub- Proof of having possession of five or more pieces of foreign counterfeit coin.] By the sixth section of the 37 Geo. 3, c. 126, it is enacted, "that if any person or persons shall have in his, her, or their custody, without lawful excuse, any greater number of pieces than five pieces of false or counterfeit coin, of any kind or kinds, resembling, or made with intent to resemble or look like any gold or silver coin or coins of any foreign prince, state, or country, or to pass as such foreign coin, every . such person, being thereof convicted, upon the oath of one or more credible witness or witnesses, before one of his majesty's justices of the peace, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice, and shall, for every such offence, forfeit and pay any sum of money not exceeding five pounds, nor less than forty shillings, for every such piece of false or counterfeit coin which shall be found in the custody of such person; one moiety to the informer or informers, and the other moiety to the poor of the parish where such offence shall be committed; and in case any such penalty shall not be forthwith paid, it shall be lawful for such justice to commit the person who shall be adjudged to pay the same to the common gaol, or house of correction, there to be kept to hard labor, for the space of three calendar months, or until such penalty shall be paid." *Proof of offences with regard to coining-tools.] (1). By [359] the 2 Wm. 4, c. 34, s. 10, "if any person shall knowingly, and without lawful authority (the proof of which authority shall lie on the party accused), make or mend, or begin or proceed to make or mend, or buy or sell, or shall knowingly and without lawful excuse (the proof of which excuse shall lie on the party accused), have in his custody or possession any puncheon, counter-puncheon, matrix, stamp, die, pattern or mould, in or upon which there shall be made or impressed, or which will make or impress, or which shall be intended to make or impress the figure, stamp, or apparent resemblance of both or either of the sides of any of the king's current gold or silver coin, or any part or parts of both or either of such sides; or if any person shall, without lawful authority (the proof whereof shall lie on the party accused), make or mend, or begin or proceed to make or mend, or buy or sell, or shall without lawful excuse (the proof whereof shall lie on the party accused), have in his custody or possession any edger, edging-tool, collar, instrument or engine adapted and intended for the marking of coin round the edges, with letters, grainings, or other marks or figures apparently resembling those on the edges of any of the king's (1) Having in possession instruments for coining with an intent to counterfeit money is a misdemeanor at common law. Murphy's case, 4 Roger's Rec. 42. Dorsett's case, 5 Id. 77. current gold or silver coin, such person knowing the same to be so adapted and intended as aforesaid; or if any person shall, without lawful authority, to be proved as aforesaid, make or mend, or begin or proceed to make or mend, or buy or sell, or shall, without lawful excuse, to be proved as aforesaid, have in his custody or possession, any press for coinage, or any cutting engine for cutting by force of a screw, or of any other contrivance, round blanks out of gold, silver, or other metal, such person knowing such press to be a press for coinage, or knowing such engine to have been used or to be intended to be used for, or in order to the counterfeiting of any of the king's current gold or silver coin; every such offender shall, in England and Ireland, be guilty of felony, and in Scotland, of a high crime and offence, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or be imprisoned for not exceeding four years." any term The prosecutor must prove, first, the commission of the act as stated in the indictment, viz. the making or mending, or beginning to make or mend, or the buying or selling, or the knowingly and without excuse having in custody or possession, the particular coining-tool specified. The particular tool specified must then be proved. With regard to all the tools mentioned in the new statute, it should be observed that they are described to be such as will impress "any part or parts of both or either of the sides" of any of the king's current gold or silver coin, a description of tool not included in the former acts. The new statute, like the former, divides the coining instruments into those upon which there shall be "made or impressed," and those "which will make or impress" the [*360] figure, &c. of both or either of the sides of the lawful coin. The following case therefore is still applicable. The prisoner was indicted for having in his custody a mould, upon which there was made and impressed, &c. the figure of a shilling. The mould bore the resemblance of a shilling inverted, viz. the convex parts being concave in the mould; and it was objected that it should have been described as an instrument which would make or impress, &c.; and not as one on which was made and impressed, &c.; but a great majority of the judges were of opinion that the evidence maintained the indictment, because the stamp of the current coin was impressed upon the mould. They agreed, however, that it would have been more accurate had the instrument been described as one "which would make or impress." Lennard's case, 1 Leach, 92; 1 East, P. C. 170. To convict a prisoner upon an indictment, under the 2 Wm. 4, c. 34, s. 10, charging him with having in his possession "one mould upon which was impressed the figure and apparent resemblance" of the obverse side of a shilling; Patteson, J., held that the jury must be satisfied that, at the time the prisoner had it in his possession, the whole of the obverse side of the shilling was impressed on the mould. Foster's case, 7 C. and P. 494 (a). But on a second indictment against the same prisoner, under the above section, for making a mould "intended to make and impress the figure and apparent resemblance" of the obverse side of a shilling, the same learned judge ruled that it was sufficient to prove that the pris (a) Eng. Com. L. Rep. xxxii. 597. oner made the mould, and a part of the impression, though he had not completed the entire impression. Id. 495. Upon the repealed statute of 8 and 9 Wm. 3, c. 26, it was held, that it was not confined to such instruments as, used by the hand, unconnected with any other power, will produce the effect. A collar marking the edge, by having the coin forced through it by machinery, is an instrument within the act; though this mode of marking the edges is of modern invention. Moore's case, 1 Moody, C. C. 122 (a). The words "figure, stamp, or apparent resemblance," do not mean an exact resemblance; but if the instrument will impress a resemblance in point of fact, such as will impose upon the world, it is sufficient. Ridgeley's case, 1 East, P. C. 171; 1 Leach, 189. With regard to the guilty knowledge of the prisoner there is a distinction to be observed, with respect to the different offences mentioned in sec. 10. Where the indictment is for the making or mending, &c. of the coining tools first described, it is not necessary to prove that the prisoner knew the puncheon, &c. to be used, or intended to be used in the making of counterfeit coin; the fact of the instrument bearing the resemblance of the current coin, being necessarily evidence of such knowledge. But it is otherwise upon a charge of making, &c. any edger or edgingtool, in which case it must be proved that the prisoner committed the act, knowing that the instrument was adapted and intended for the marking of coin round the edges. The reason is, that the latter instruments are *used in certain trades; and so, with regard to making any press [ *361 ] for coinage, &c., it must be shown that the prisoner knew it to be a press for coinage. Venue.] By the 2 Wm. 4, c. 34, s. 15, "where two or more persons, acting in concert in different counties and jurisdictions, shall commit any offence against this act, all or any of the said offenders may be dealt with, indicted, tried, and punished, and their offence laid and charged to have been committed in any one of the said counties or jurisdictions, in the same manner as if the offence had been actually and wholly committed within such one county or jurisdiction: Provided always, that previous crimes and offences against this act committed in Scotland, shall be proceeded against and tried in Scotland in such manner and form as crimes and offences generally have been heretofore had in that country." Traversing.] By s. 16, "no person against whom any bill of indictment shall be found at any assizes or sessions of the peace, for any misdemeanor against this act, shall be entitled to traverse the same to any subsequent assizes or sessions, but the court before which the bill of indictment shall be returned as found, shall forthwith proceed to try the person against whom the same is found, unless such person or the prosecutor shall show good cause, to be allowed by the court, for the postponement of the trial: Provided always, that the rights and liabilities of persons indicted under this act in Scotland, so far as relates to the postponement or time of trial, shall remain and be dealt with in the (a) 2 Eng. C. C. 122 same manner as in the cases of all other persons indicted for crime in that country." Accessaries.] By s. 18, "in the case of every felony punishable under this act, every principal in the second degree and every accessary before the fact shall be punishable in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years." [The rest of the clause relates to Scotland.] Interpretation clause.] By s. 21, it is declared and enacted, "that, where the king's current gold or silver coin, or the king's current copper coin, shall be mentioned in any part of this act, the same shall be deemed to include and denote any gold or silver coin, or any copper coin respectively coined in any of his Majesty's mints, and lawfully current in any part of his Majesty's dominions, whether within the United Kingdom or otherwise; and that any of the king's current coin which shall have been gilt, silvered, washed, colored, or cased over, or in any manner altered, so as to resemble, or be apparently intended to resemble or pass for, any of the king's current coin of a higher denomination, shall be deemed and taken to be counterfeit coin within the intent and meaning of those parts [*362] of this act wherein mention is made of false or counterfeit coin *resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin; and that, where the having any matter in the custody or possession of any person is in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, (see Rogers's case, ante, p. 355,) or shall knowingly and wilfully have any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit, or for that of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this act." COMPOUNDING OFFENCES, &c. Compounding felonies and misdemeanors 362 Taking rewards for helping to stolen Informations on penal statutes Misprision of felony - 362 - 363 goods, &c. . 363 Compounding felonies and misdemeanors.] Though the bare taking again of a man's own goods which have been stolen, (without favor shown to the thief) is no offence, Hawk. P. C. b. 1, c. 59, s. 7, yet where he either takes back the goods, or receives other amends, on condition of not prosecuting, this is a misdemeanor punishable by fine and imprisonment. Id. s. 5. So an agreement to put an end to an indictment for a misdemeanor is unlawful, Collins v. Blantern, 2 Wils. 341, unless it be with the consent of the court (1). 4 Bl. Com. 363; Beeley v. Wingfield, 11 East, 46. Where in an indictment for compounding a felony, it was averred that the defendant did desist, and from that time thitherto had desisted from all further prosecution, and it appeared that after the alleged compounding he prosecuted the offender to conviction, Bosanquet, J., directed an acquittal. Stone's case, 4 C. and P. 379 (a). Compounding informations on penal statutes.] Compounding informations on penal statutes is an offence at common law. And by stat. 18 Eliza c. 5, s. 4, if any informer, by color or pretence of process, or without process, upon color or pretence of any manner *of offence [*363 ] against any penal law, make any composition, or take any money, or promise of reward, without the order or consent of the court, he shall stand two hours in the pillory, be for ever disabled to sue on any popular or penal statute, and shall forfeit ten pounds. This statute does not extend to penalties only recoverable by information before justices. Crisp's case, 1 B. and Ald. 232. But it is not necessary to bring the case within the statute, that there should be an action or other proceeding pending. Gotley's case, Russ. and Ry. 84 (b). A mere threat to prosecute for the recovery of penalties, not amounting to an indictable offence at common law, is yet, it seems, within the above statute. Southerton's case, 6 East, 126. Misprision of felony.] Somewhat analogous to the offence of compounding felony, is that of misprision of felony. Misprision of felony is the concealment, or procuring the concealment of felony, whether such felony be at common law or by statute. Hawk. P. C. b. 1, c. 59, s. 2. Silently to observe the commission of a felony, without using any endeavor to apprehend the offender, is a misprision. Ibid. (n.) I Hale, P. C. 431, 448, 533. If to the knowledge there be added assent, the party will become an accessary. 4 Bl. Com. 121. The punishment for this offence is fine and imprisonment, and provisions against the commission of it by sheriffs, coroners, and other officers, are contained in the 3 Edw. 1, c. 9. Taking rewards for helping to stolen goods-advertising rewards, &c.] Similar to the offence of compounding a felony, is that of taking a reward for the return of stolen property, and advertising a reward for the same purpose. These offences are provided against by the statute 7 and 8 Geo. 4, c. 29, ss. 58, 59. By s. 58, "every person who shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of helping any person to any chattel, money, valuable security, or other property (1) Taking a promissory note as a consideration for not prosecuting a larceny is sufficient to constitute the offence. Comm. v. Pease, 16 Mass. 91. See Comm. v. Corry, 2 Mass. 524. (a) Eng. Com. L. Rep. xix. 429. (b) 1 Eng. C. C. 84. |