and paid divers large sums of money, amounting in the whole to a large sum of money, to wit, the sum of one hundred pounds and upwards, of lawful money into the said club or society, and deposited the same in a certain box, left in the dwelling-house of one T. R. at K. aforesaid, commonly called or known by the name or sign of &c. (as it may be), and there kept for the use, benefit, and advantage of the members of the said club or society for the time being. And the jurors, &c. do further present, that in and by a certain article of the said rules and orders of the said club or society, it is declared, ordered, and agreed, that, &c. (here recite the article relating to the payment of money towards the funerals of the members' wives.) And the jurors, &c. that on the same day and year last aforesaid, at, &c. aforesaid, one L. P. late of, &c. one A. B. and C. D. &c. (here insert the rest of the members' names which appear by the club-book to be existing at this time), were members of the said club or society, contributing and paying money into and for the use of the said club or society, that is to say, for the general benefit and advantage of all the members thereof at the said house of the said T. R. for the purpose, amongst other things, mentioned, declared, and contained in the said article above-mentioned and set forth. And the jurors, &c. do further present, that on, &c. last aforesaid, at, &c. aforesaid, a large sum of money, to wit, the sum of one hundred pounds (this need not be the exact sum, let it be something under the sum contained in the box at this time), of like lawful money, was and remained in the said box, kept for the purpose in that behalf aforesaid, in the said house of the said T. R. there before then deposited therein, by and for, and on the behalf of all the members of the said club or society. And the jurors, &c. do further present, that by the assent and concurrence of all the members of the said club or society, it had been usual and customary during all the time aforesaid (except the nights on which the said club or society had been there holden), for the members of the said club or society, having a right or occasion to withdraw, or receive any money to which they had been entitled by the articles, rules, and orders of the said club or society, from and out of the said box, to apply to the said T. R. for the payment of the same, upon condition that he the said T. R. should be repaid the same from and out of such money contained in the said box, for the purpose in that behalf aforesaid, on some subsequent night on which the said club or society should be holden at the said house of him the said T. R. at K. aforesaid. And the jurors, &c. that the said L. P. so being such member as aforesaid, and well knowing all and singular the premises aforesaid, on, &c. at, &c. aforesaid, unlawfully, knowingly, and designedly, did falsely pretend to the said T. R. that the wife of him the said L. P. was then dead, and that he the said L. P. then wanted thirty shillings to bury his said wife, by means of which said false pretences he the said L. P. then and there unlawfully, knowingly, and designedly, did obtain of and from the said T. R. the said sum of thirty shillings, with intent then and there to cheat and defraud the said A. B., C. D. &c. (the other members of the club), of the same, whereas, in truth and fact, the wife of him the said L. P. was not dead at the said time he so made the false pretences to the said T. R. as aforesaid, and whereas, in truth and in fact, he the said L. P. at the time of the false pretences, did not want the said sum of thirty shillings, or any sum of money whatsoever, for the purpose of burying his wife, or any person whatsoever, having then lately been the wife of him the said L. P. against the form, &c. and against the peace, &c. That A. B. late of &c. on &c. at &c. had in his custody and Indictment possession a certain parcel to be by him delivered to Maria Countess for obtaining Dowager of Ilchester, upon the delivery of which he was authorized more than the and directed to receive and take the sum of 6s. and 6d. and no more, sum due for carfor the carriage and porterage of the same; yet, that the said A. B. riage of a parcel produced and delivered to T. H. then being servant to the said by producing a Countess of I. the said parcel, together with a certain false and counfalse ticket. (e) terfeit ticket, made to denote that the sum of nine shillings and tenpence was charged for the carriage and porterage of the said parcel, and unlawfully, knowingly, and designedly, did falsely pretend to the said T. H. that the said false and counterfeit ticket was a just and true ticket, and that the said sum of nine shillings and ten-pence had been charged and was due and payable for the carriage and porterage of the said parcel, and that he the said A. B. was authorised and directed to receive and take the said sum of nine shillings and tenpence for the carriage and porterage of the said parcel, by means of which said false pretences defendant did unlawfully, knowingly, and designedly, obtain of and from the said T. H. the sum of three shillings and four-pence, of the monies of the said countess, with intent to cheat and defraud her of the same, whereas in truth and in fact, &c. (Negative the pretences, and conclude " against the form, &c.” as before.) 66 That before and at the time of the committing of the offence here- Indictment for inafter next mentioned, that is to say, on, &c. at, &c. one G. R. was obtaining two lawfully possessed of and had in his hands and possession certain bills of exchange securities for the payment of money, that is to say, two bills of ex- under pretence change, one of the said bills of exchange being for the payment of the of getting same sum of one hundred pounds, and the other of the said bills of exchange discounted for being for the payment of the sum of three hundred and fifty pounds. the prosecutor. And the jurors, &c. do further present, that H. B. late of &c. being an evil disposed person, and well knowing the premises, on &c. at &c. aforesaid, falsely, fraudulently, deceitfully, unlawfully, knowingly, and designedly, did pretend to the said G. R. that he the said H. P. could immediately get the said bills of exchange discounted by a friend of him the said H. P. at the India house, and would pay over the proceeds thereof to him the said G. R.; by means of which said false pretences he the said H. P. did then and there unlawfully, knowingly, and designedly, obtain of and from the said G. R. the said bills of exchange (the said bills of exchange then and there being the property of the said G. R. and the said sums of money payable and secured by and upon the said bills of exchange then and there being due and unsatisfied to the said G. R. the proprietor thereof), with intent to cheat and defraud the said G. R. of the said bills of exchange. Whereas, in truth and in fact, he the said H. P. at the time of making the said false pretence, well knew that (e) It has been holen, that a basket is sufficiently described as a parcel within the statute. It was also holen, that if money, (as in this case) be obtained from the servant, who had money of his master in hand at the time, it 'may be well laid to be the property of the latter; but if he had not money enough of his employer in his hands at the time, such master cannot be stated to be the person defrauded. 1 Campb. 212. and ante, p. 189. Trial. Offence. 15 Geo. 2 c. 28. S. 2. he could not get the said bills of exchange discounted by any friend of him the said H. P. at the India House, and whereas in truth and in fact, at the time of the making the said false pretence as aforesaid, he the said H. B. well knew that he was utterly unable to discount, or get discounted, the said bills of exchange for the said G. R. and whereas in truth and in fact, at the time of making the said false pretence as aforesaid, he the said H. P. did not intend to discount, or to get discounted, the said bills of exchange for the use of the said G. R. or to pay over the proceeds of the said bills of exchange to the said G. R. but on the contrary then and there intended fraudulently to cheat and defraud the said G. R. of the same, against the form of the statute, &c. and against the peace, &c. (A second count was added like the first, except in stating the false pretence to be that defendant would get the said bills discounted and immediately pay over the proceeds thereof to the prosecutor.) Trial.-In prosecutions under the former statutes a failure of justice sometimes arose by reason of the evidence shewing that the goods or monies were obtained under circumstances amounting to larceny; and, in such case, as the misdemeanor merged in the felony, the prisoner was entitled to an acquittal. To remedy this evil, the late act provides, that in such case the offender shall not be acquitted; but it does not proceed to state that he shall be convicted of any or what offence. On this omis sion, a learned judge is said to have lately held on a trial at the Old Bailey, that he could only discharge the jury, and accordingly adopted that course, by which the prisoner escaped altogether; as it is expressly provided, that he shall not afterwards be prosecuted for ' larceny. The general impression, however, seems to be against this ruling; and that the prisoner may, under such circumstances, be convicted on the indictment which the jury are charged to determine. § 6. COIN-MISDEMEANORS AFFECTING. Offence. The higher offences relating to the coin, amounting to treason, are not within the jurisdiction of the Court of Quarter Sessions; and those amounting to felony are usually remitted to the assizes. The offences of uttering counterfeit coin, and of procuring it with intent to utter, are, however, frequently prosecuted at sessions, and are therefore fit for introduction in this place. The 15 Geo. 2. c. 28. s. 2. enacts, that if any person shall utter or tender in payment any false or counterfeit money, knowing the same to be false or counterfeit, to any person or persons, and shall be thereof convicted, he shall suffer six months' imprisonment, and find sureties for good behaviour for six months more; and on conviction for a second offence, shall suffer two years' imprisonment, and tend to copper money. This act, mentioning counterfeit money generally, is Act does not cxconfined to gold and silver money, and does not extend to copper coin. (g) Its words being in the disjunctive, "utter or tender in payment," extend to cases where there is an uttering without a tender in payment, as by the common trick of ringing the changes. (h) The guilty knowledge, Ringing the which is of the very essence of the charge, may be proved changes. (f) 15 Geo. 2. c. 28. s. 9. (g) The King v. Cirwan, 2 Leach, 834, note (a). (h) The King v. Franks, 2 Leach, 644. Indictment for on 15 Geo. 2. c. 28. s. 2. by shewing other counterfeit coin in the possession of the prisoner, and other utterings by him of counterfeit coin, although they are not charged in the indictment.(i) When several are present with a common purpose at the uttering of counterfeit money, all may be indicted as principals; but an associate not present is not liable to be convicted, although he is a party in the scheme, and has other bad money about him for the purpose of uttering. Indictments. That A. B. on &c. at &c. one piece of false and counterfeit uttering a coun- money, made and counterfeited to the likeness and similitude of a terfeit shilling, piece of good and lawful and current money and silver coin of this realm called a shilling, as and for a piece of good, lawful, and current money and silver coin of this realm called a shilling, unlawfully, unjustly, and deceitfully did utter (j) to one C. D.; he the said A. B. at the time when he so uttered the said piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit,* against the form of the statute, &c. and against the peace, &c. Indictment for c. 28. s. 3. Third uttering. (State the first uttering precisely as in the preceding form, to the *.) misdemeanor in And that he the said A. B. on the same, &c. at &c. aforesaid, one uttering counter- other piece of false and counterfeit money, made and counterfeited feit shillings to the likeness and similitude of a piece of good, lawful, and current twice or more money and silver coin of this realm called a shilling, as and for a within ten days, under 15 Gen. 2. piece of good, lawful, and current money and silver coin of this realm called a shilling, unlawfully, unjustly, and deceitfully did utter to one E. F. he the said A. B. at the time when he so uttered the said last mentioned piece of false and counterfeit money then and there well knowing the same to be false and counterfeit. And that the said A. B. within the space of ten days next after he so uttered the said first mentioned piece of false and counterfeit money, and also within the same space next after he so uttered the said secondly above mentioned piece of false and counterfeit money as aforesaid, to wit, on &c. at &c. one other piece of false and counterfeit money, made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money and silver coin of this realm called a shilling, as and for a piece of good, lawful, and current money and silver coin of this realm called a shilling, unlawfully, unjustly, and deceitfully did utter to one G. H. he the said A B. at the time when he so uttered the said last mentioned piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit, against the form, &c and against the peace, &c. (k) (i) The King v. Wiley and Haines, 2 Leach, 983. (j) This will suffice without adding " and tender in payment," and, for the same reason, it will suffice to allege a tender in payment without an uttering; see the King v. Franks, 2 Leach, 644. (k) In order to enable the court to pass the aggravated sentence given by the act for uttering several times within ten days, the several utterings must all be set forth in one count; if they be stated in several counts as distinct offences, the court can only give judg |