Page images
PDF
EPUB

some party body corporate liable to the payment thereof, or, being a negotiable liable.

instrument, shall have been bona fide taken or received by transfer Or negotiable

or delivery, by some person or body corporate, for a just and instrument that

valuable consideration, without any notice, or without any reasonhas passed for a

able cause to suspect that the same had by any felony or misdesideration with- meanor been stolen, taken, obtained, or converted as aforesaid, in

such case the court shall not award, or order the restitution of such security.

valuable con

out notice.

For Embezzlement, see tit. Larceny.

B.

[ocr errors]
[ocr errors]

B. Warrant on stat. 7 & 8 G. 4. c. 29., to apprehend an

Offender for a Cheat.
To the constable of. in the county of
County of WHEREAS complaint hath been made unto me

one of his majesty's justices of the to wit.

peace for the said county, upon the oath of A. I., of that on the

day of -, A.O. did by false pretences, that is to say, by obtain and get into his hands and possession from the said A. I., with intent to cheat and defraud the said A. I. of the same, contrary to the statute in that case made. These are, therefore, in his majesty's name, to command you, upon sight hereof, forthwith to apprehend and bring the said A. O. before me, to answer the said complaint, and further to be dealt with according to law. Given under my hand and seal this day of

A.D. 18–

C.

[ocr errors]
[ocr errors]

C. Commitment thereon.

esquire, one of his majesty's justices of the County of peace for the said county of

to the keeper of the common gaol at

in the to wit.

said county, or to his deputy there. THESE are, in his majesty's name, io charge and

command you, that you receive into your said gaol the body of A. O., appre- , hended by

constable of in the said county, and by him brought before me, charged upon the oath of he the said A.O., on the

day of -, at the parish of in the said county, did by false pretences, that is to

obtain and get into his hands and possession - from the said A. I., with intent to cheat and defraud the said A. I. of the same, contrary to the statute in that case made

&c., and that you safely keep the said A. O. until he shall thence be delivered by due course of law. Hereof fail not. Given under my hand and seal, this

day of

in the year of our Lord one thousand eight hundred and

for that

say, by

of

Child Stealing.

[9 G. 4. c. 31.] BY 9 G.4. 6. 31. (which repeals 54 G. 3. c.101.) $21., if any Taking away a

person shall maliciously, either by force or fraud, lead or take child under 10 away, or decoy or entice away, or detain any child under the

age
years

age. of ten years, with intent to deprive the parent or parents, or any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or if any person shall with any such intent as aforesaid receive or harbour such child, knowing the same to have Receiving or been by force or fraud led, taken, decoyed, enticed away, or harbouring such

child. detained as herein-before mentioned ; every such offender and every person counselling, aiding, or abetting such offender, shall Counselling, be guilty of felony, and liable to be transported for seven years, or aiding, or to be imprisoned, with or without hard labour, for any term not abetting. exceeding two 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; provided always that no person Proviso as to who shall have claimed to be the father of an illegitimate child, or father of ille to have any right to the possession of such child, shall be liable gitimate child. to be prosecuted by virtue hereof, on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof.

Warrant to apprehend for Child Stealing.
To the constable of the parish of — in the county of

and to all other constables and peace officers in and for the said
county.
of

made before me, J. P. esq., one of his majesty's justices of the peace for the said county, upon the oath of A. F. of in the said county,

that A. O. of - in the said county , did, on the

day of

at aforesaid, unlawfully and maliciously by force Cor, by fraud, as the case may be) lead, take, [or, carry away, or, decoy, or, entice away, as the fact may be) a certain male [or, female] child called C. F., then and there being the son [or, daughter] of the said A. F., [or, then and there being in the lawful care and charge of the said A. F.) and then and there being under the age of ten years, to wit, of the

- years and upwards, with intent then and there to deprive the said A. F., so then and there being the father of the said C. F., [or, so then and there having the lawful care or charge of the said C.F.) of the possession of the said C. F. [or, with intent to steal some article of apparel, or ornament, or other thing of value or use, upon or about the person of the said C. F., or as the case may be).

These are therefore to command you in his majesty's name forthwith to apprehend him the said A.O., and to bring him before me to answer unto the said information and complaint, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal the day of - one thousand eight hundred and

County of} W

age of

[ocr errors]

Coin.

I. Of the Coin in general. Weight, and of receiving or

paying for the current Coin more or less than its lawful Value.

[14 G. 3. c. 92.]
II. Of counterfeiting, colouring, clipping, and impairing the

Coin, bringing light Money into the Kingdom, and
having Coining Tools in Possession.
[14 G. 3. c. 42. 39 G.3. c. 75. - 43 G. 3. c. 139...

56 G. 3. c. 68.–2. W. 4. c. 34.]
III. Of procuring, uttering, or tendering in Payment coun-

terfeit Coin, and having such Coin in Possession. Evidence, &c. &c.

(9 G. 3. c. 37.-37 G. 3. c. 126.] IV. Of Bullion. [6 & 7 W.3. c. 17. - 8 & 9 W.3. c. 26. - 37 G. 3. c. 126.

1 & 2 G.4. c. 26. — 59 G. 3. c. 49.] V. Of Tokens.

[51 G. 3. c. 110. c. 157. - 53 G. 3. c. 19. — c. 114.

57 G. 3. c. 46. —c. 113.—58 G.3. c. 14.]

For matters common to this with other Treasons, see

title Treason.

I. Df the Coin in general, &C. Original of the Coin, in French, signifieth a corner, and from thence hath its word.

name, because in ancient times money was square, with corners, as it is in some countries to this day. i Inst. 207.

The word doth properly signify a wedge, as the Latin cuneus ; and hath a verb belonging to it in the several languages; and is translated to lawful money; either from the form of a wedge, ingot, or lingot (linguetta), in which bullion was transported from all antiquity; or else from the instrument, a wedge or chisel, with which, in trade, these lingots were occasionally cut to the weight

required, as they are at this day in the East Indies with shears. 14 G. 3. c. 92. By stat. 14 G. 3. c. 92. $ 4, 5., no other weight than such as shall Weights for

be stamped or marked by the officer appointed by H. M. for that coin,

purpose shall be sufficient in law for determining the weight of the gold and silver coin of this realm. And if any person shall counterfeit such stamp or mark, or knowingly sell any weight with the impression of such counterfeit stamp thereon; or shall wilfully increase and diminish any such weight after it has been so stamped or marked; or use any such weight in weighing the gold and silver coin of this realm, knowing the same to be so increased or diminished; he shall, on conviction before two justices, forfeit any sum not exceeding 50l., half to the king and half to him that shall inform or sue; and in default of payment he shall be committed to the common gaol or house of correction for any time not exceeding three months.

The weight, alloy, impression, and denomination of money made in this kingdom are generally settled by indenture between the king and the master of the mint; but the recent statute 56 G. 3. 56 G. 3. c. 68. c. 68. $ 4. has provided, with respect to the new silver coinage, that the bullion shall be coined into silver coins of a standard and fineness of eleven ounces two pennyweights of fine silver, and eighteen pennyweights of alloy in the pound troy, and in weight after the rate of sixty-six shillings to every pound troy, whether the same be coined in crowns, half-crowns, shillings, or sixpences, or pieces of a lower denomination.

The coining and legitimation of money, and the giving it its Denominating current value, are the unquestionable prerogatives of the crown. the value of 1 Hale, 188. 1 Blac. Com. 278. 1 East's P. C. 148.

coin. In two recent cases it was decided, that the exchanging guineas for bank notes, taking the guineas in such exchange at a higher value than they were current for by the king's proclamation, was not an offence within stat. 5 & 6 Edw.6. c. 19. (now repealed), or at common law. R. v. De Young, 14 East, 402. R. v. Wright, cited 14 East, 404.

No person can be enforced to take in payment any money but Silver and gold of lawful metal, that is, of silver or gold, except for sums under the only legal sixpence. 2 Inst.5.7. 1 Hale, 195.

tender.

II. Df Counterfeiting. The greater part of the statutes constituting offences against the Former acts coin in England, Scotland, and Ireland, were repealed by 2 W.4. repealed by c. 3t., being an act for consolidating and amending the laws against 2 W. 4. c. 34. offences relating to the coin, from May 1. 1832, except so far as any of the said acts may repeal the whole or any part of any other acts, or may be in force in any part of his majesty's dominions out of the united kingdom, and except as to offences and other matters committed or done before or on the last day of April 1832, which are to be dealt with and punished as if the act had not been passed : it provides also, that if any person, shall, after the commencement $1. & 2. of the act (May 1. 1832), be convicted of any offence committed before such commencement, and punishable with death, the offender shall be liable, in lieu of capital punishment, to be transported for life, or for any term not less than seven years, or to be imprisoned with or without hard labour for any term not exceeding four years.

$ 3. “ If any person shall falsely make or counterfeit any coin Counterfeiting resembling, or apparently intended to resemble or pass for any the gold or of the king's current gold or silver coin, every such offender shall,

transportation in England and Ireland, be guilty of felony, and in Scotland of a for life. 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 to be imprisoned for any term not exceeding four years; and every such Offence when offence shall be deemed to be complete although the coin so made deemed comor counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.'

pass

2 W. 4. c. 34. § 4. “If any person shall gild or silver, or shall with any wash or Colouring

materials capable of producing the colour of gold or of silver, wash, counterfeit coin colour, or case over any coin whatsoever, resembling or apparently or any pieces of intended to resemble or pass for any of the king's current gold or metal with in

silver coin, or if any person shall gild or silver, or shall with any wash tent to make them pass for

or materials capable of producing the colour of gold or of silver, gold or silver

wash, colour, or case over any piece of silver or copper, or of coin;

coarse gold or coarse silver, or of any metal or mixture of metals respectively, being of a fit size and figure to be coined, and with intent that the same shall be coined into false and counterfeit coin,

resembling or apparently intended to resemble or pass for any of colouring or the king's current gold or silver coin; or if any person shall gild, altering or shall with any wash or materials capable of producing the genuine coin,

colour of gold, wash, colour, or case over any of the king's with intent to make it for

current silver coin, or file, or in any manner alter such coin, a higher coin ;

with intent to make the same resemble or pass for any of the transportation king's current gold coin; or if any person shall gild or silver, or for life, &c.

shall, with any wash, or materials capable of producing the colour of gold or of silver, wash, colour, or case over any of the king's current copper coin, or file or in any manner alter such coin, with intent to make the same resemble or pass for 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 erime 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 to be imprisoned for

any term not exceeding four years." Impairing the 95. “If any person shall impair, diminish, or lighten any of the gold or silver

king's current gold or silver coin, with intent to make the coin so coin, with in

impaired, diminished, or lightened pass for the king's current gold tent, &c.; transportation

or silver coin, every such offender shall, in England and Ireland, for 14 years,

be guilty of felony, and in Scotland of a high crime and offence, &c.

and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be im

prisoned for any term not exceeding three years.” Buying or $ 6. " If any person shall buy, sell, receive, pay, or put off, or selling, &c.

offer to buy, sell, receive, pay, or put off any false or counterfeit counterfeit

coin resembling, or apparently intended to resemble or pass for gold or silver coin for lower

any of the king's current gold or silver coin, at or for a lower rate value than its or value than the same by its denomination imports or was coined denomination ; or counterfeited for; or if any person shall import into the united importing kingdom from beyond the seas any false or counterfeit coin recounterteit

sembling, or apparently intended to resemble, or pass for any of coin from beyond seas;

the king's current gold or silver coin, knowing the same to be transportation false or counterfeit; every such offender shall, in England and for life, &c. 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 to be imprisoned for any

term not exceeding four years." Uttering coun- 7. “ If any person shall tender, utter, or put off any false or terfeit gold or counterfeit coin resembling, or apparently intended to resemble silver coin;

pass
for

any of the king's current gold or silver coin, knowing imprisonment. the same to be false or counterfeit, every such offender shall, in

or

« PreviousContinue »