« EdellinenJatka »
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Upon the repealed statute of 8 and 9 Win. 3, c. 26, it was held, that it was not confined to such instruments as, used by the hand, unconnected with any other power, will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 inaking 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 comunitted 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 sball 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 362
goods, &c. Misprision of felony
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 Elizac. 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. 282. 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,
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. o. Pease, 16 Mass. 91. See Comm. o. Corry, 2 Mass. 524.
(a) Eng. Com. L. Rep. xix. 429. (b) 1 Eng. C. C. 84.
whatsoever, which shall by any felony of misdemeanor have been stolen, taken, obtained, or converted as aforesaid, shall, unless he cause the offender to be apprehended and brought to trial for the same, be guilty of felony; 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 to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment."
See Ledbitter's case, 1 Moo. C. C. 76 (a).
By s. 59, any person advertising a reward for the return of property, stolen or lost, and using any words purporting that no questions will be asked, or that a reward will be given for property stolen or lost, without seizing or making any inquiry after the person producing such property, or promising to return to any pawnbroker, or other person, who may [ *364 ] have bought, or advanced money *upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property; or any person printing or publishing such advertisement ; shall forfeit fifty pounds, to be recovered by action of debt.
Proof of nature of conspiracy in general 364 To commit a civil trespass, &c.'
371 To charge party with offence 365
372 To pervert the course of justice 366 Proof of the existence of a conspiracy
372 Relating to the public funds, &c. 366 Declarations of other conspirators
375 To create riot, &c.
- 366 Proof of acts, &c., done by other conspi. Against morality and decency 367 rators
- 376 To marry paupers 367 | Proof of the means used
. 376 Affecting trade-to defraud the pub
- 378 lic
367 Proof of the object of the conspiracy . 378 By workmen to raise wages 368 Particulars of the conspiracy
- 378 To extort money from individuals · 370 Cross-examination of witnesses
. 378 To defraud individuals 370 Venue
- 379 To injure individuals in their trade - 371
The various cases in which a combination between two or more individuals to do certain acts, will amount in law to a conspiracy, and be punishable as such, will be shortly stated, and the evidence to support an indictment in such cases, will then be considered (1).
Proof of nature of conspiracy—in general. With regard to conspiracies in general, it is to be observed, that the nature of the offence requires that more than one person should be concerned in its commission.
(1) 1 Wheeler's C. C. 149, 222.
(a) 2 Eng. C. C. 76.
But where two persons are indicted for a conspiracy, *one of them may be convicted, though the other, who has pleaded, and is alive, has not been tried, and though it is possible he may afterwards be acquitted. Cooke's case, 5 B. and C. 538 (a); 7 D. and R. 673 (b). A prosecution for a conspiracy cannot be maintained against the husband and wife only, for they are one person in law. Hawk. P. C. b. 1, c. 72, s. 8 (1).
An agreement by several to do a certain thing may be the subject of an indictment for conspiracy, though the same thing done separately by the several individuals, without any agreement between themselves, would not be illegal, as in the case of journeymen conspiring to raise their wages"; for each may insist on his own wages being raised ; but if several meet for the same purpose, it is illegal, and the parties may be indicted for a conspiracy. Mawbey's case, 6 T. R. 636; case of the Journeymen Tailors of Cambridge, 8 Mod. 11. So where several persons conspired to hiss at a theatre, Lord Mansfield held it indictable, though each might have hissed separately. Anon. cited in Mawbey's case, 6 T. R. 619. If several persons concur in the act, it appears that they will be all guilty of a conspiracy, notwithstanding they were not previously acquainted with each other (2). Per Lord Mansfield, case of prisoners in K. B. Hawk. P. C. b. 1, c. 72, s. 2. (n.)
The offence of conspiracy consists in the unlawful agreement, although nothing be done in pursuance of it, for it is the conspiring which is the gist of the offence. ' Best's case, 2 Ld. Rayın. 1167; Spragg's case, 2 Burr. 993; Rispal's case, 3 Burr. 1321 ; 2 Russell, 553; Gill's case, 2 B. and Ald. 204.
Conspiring to do a lawful act, if for an unlawful end, is indictable. Edwards's case, 8 Mod. 320; 2 Russell, 553. (n.) And so with regard to a conspiracy to effect a legal purpose by unlawful means, and although the purpose be not effected. Journeyman Tailors of Cambridge, 8 Mod. 11. Best's case, 2 Ld. Raym. 1167; 6 Mod. 85; 2 Russell, 553; Eccles' case, Hawk. P. C. b. 1, c. 72, s. 3 (n.) (3).
Proof of nature of conspiracy—to charge party with offence.) A
(1) People o. Mather, 4 Wend 229. All who accede to a conspiracy after its formation are equally guilty with the original conspirators. Ibid. It may be between principal and clerk. Case of Robbins and al., 4 Rogers' Rec. 1.
(2) People o. Mather, 4 Wend. 229. Comm. o. Judd, 2 Mass. 329. Comm. v. Davis, 9 Id. 415. State o. Rickie, 4 Halst. 223. State v. Buchanan, 5 Har. & J. 317. State v. Cawood, 2 Stewart, 360. Collins o. The Comm., 3 S. & R. 220. Comm. o. M'Kisson, 8 Id. 420. A conspiracy to commit a felony, if the felony be actually committed, is merged. Comm. v Kingsbury and al., 5 Mass. 106. Aliter in a misdemeanor. People v. Mather, Supra.
(3) The offence of conspiracy is of common law original, and not restricted or abridged by the statute 33 Edw. 1.
An indictment will lie at common law for a conspiracy1. To do an act not illegal nor punishable if done by an individual, but immoral only:
2. To do an act neither illegal nor immoral in an individual, but to effect a purpose which has a tendency to prejudice the public :
3. To extort money from another, or to injure his reputation by means not indictable as verbal defamation, and whether it be to charge him with an indictable offence or not:
4. To cheat a person, accomplished by means of an act which would not in law amount to an indictable cheat in an individual :
5. To impoverish or ruin a third person in his trade or profession :
6. To defraud a third person by means of an act not per se unlawful, and though no person be thereby injured:
7. To defraud, though the means be not determined on at the time. State o. Buchanan and al., 5 Har. and J. 317.
(a) Eng. Com. L. Rep. xii. 307. (6) Id. xvi. 316.