was found upon the prisoner: After conviction on ca. res., the judges were of opinion, that the order was not a valuable security within 7 & 8 G. 4., as it ought to have been stamped, and the banker would have been liable to a penalty if he had paid it. H. T. 1828. R. v. Yates, 1 R. & M. 170.

So where the false pretence

procures prisoner credit

with his bankers, whereby his checks in the

Prisoner having overdrawn his bankers, and wishing to induce them to answer other checks drawn by him, placed in their hands a bill drawn by himself on J. G., which he assured them was a good one, and on the faith of which they paid several checks of his in the hands of other persons: the prisoner was convicted on the ground, that the bill was altogether a false pretence: on case reserved, however, the judges held the conviction wrong, as the prisoner could not be said to have received any specific sum on the bill; all that he obtained was credit in account, the money indictable. having been received by other persons. E. T. 1829. R. v. Wavell, 1 R. & M. 224.

hands of other

persons are paid, it is not

described.

It is necessary that the indictment should set out what the pre- Pretences to be tences are, in order that the court may see whether they come within the statute. 2 Russ. 309.

Also, a special averment that the pretences or some of them are false, cannot be dispensed with. 2 Russ. ib.

Where the false pretence embraces several propositions, the indictment ought to specify what part of the pretence it charges to be false. 2 Russ. 309. citing R. v. Perrot, 2 M. & S. 379. 386.

It is not necessary that the whole of what is stated in order to obtain the property should be false; it is sufficient if so much of it is false, as has had a material effect in inducing the party defrauded to give up his property. 2 Russ. 310. and acc. R. v. Hill, C. C. R.

190.

It appears from the statutes which have been noticed, and from the cases cited,

1st. That every cheat effected by means of any false token claiming public confidence, and thereby calculated to deceive people in general, or in any manner touching the public interest, or in any other manner, by conspiracy or forgery, is indictable at common law.

2d. And every species of cheat by false pretences of any kind is also indictable under stat. 7 & 8 G. 4. c. 29. § 53.

Formerly, where goods, &c. had been obtained from another by fraud, the court had no power of awarding restitution on conviction of the offender. Parker v. Patrick, 5 T. R. 175.

So, their falsehood to be averred. And in what

particular it is false.

If a material

part of the pretence is false, it will be sufficient.

Result of sta

tutes and cases.

But now, by 7 & 8 G. 4. c. 29. § 57., if any person guilty of any 7 & 8 G. 4. such felony or misdemeanor as aforesaid, in stealing, taking, ob- c. 29. taining, or converting, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be indicted for any such offence, by or on behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representative; and the court before whom any such person shall be so convicted, shall have power to award from time to time tion, court to writs of restitution for the said property, or to order the restitution give restitution. thereof in a summary manner: provided always, that if it shall Except valuappear before any award or order made, that any valuable security able security shall have been bonâ fide paid or discharged by some person or discharged by

After convic

some party liable.

Or negotiable

instrument that has passed for a valuable con

sideration with

out notice.

B.

body corporate liable to the payment thereof, or, being a negotiable instrument, shall have been bona fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such case the court shall not award, or order the restitution of such security.

For Embezzlement, see tit. Larcenp.

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

day 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
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. Commitment thereon.

esquire, one of his majesty's justices of the

C.

County of

peace for the said county of

to wit.

keeper of the common gaol at
said county, or to his deputy there.

to the

in the

you,

THESE are, in his majesty's name, to charge and command
that you receive into your said gaol the body of A. O., appre-
constable of
in the said county, and

hended by
by him brought before me, charged upon the oath of
he the said A. O., on the

of

say, by

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

the year of our Lord one thousand eight hundred and

Child Stealing.

[9 G. 4. c. 31.]

Taking away a child under 10 years of age.

child.

BY 9 G. 4. c. 31. (which repeals 54 G. 3. c. 101.) § 21., if any person shall maliciously, either by force or fraud, lead or take away, or decoy or entice away, or detain any child under the 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 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 who shall have claimed to be the father of an illegitimate child, or to have any right to the possession of such child, shall be liable 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.

County of WHEREAS information and complaint have been
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 -
day of-

at

in the

said county
did, on the
aforesaid, unlawfully and maliciously by force [or, 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
age of-
years and upwards, with intent then and there to de-
prive 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 forth-
with 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
one thousand eight

hundred and

day of

Proviso as to

father of ille

gitimate child.

Coin.

Weight, and of receiving or

word.

I. Of the Coin in general.

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

[9 G. 3. c. 37.-37 G. 3. c. 126.]

For matters common to this with other Treasons, see title Treason.

I. Df the Coin in general, ec.

Original of the COIN, in French, signifieth a corner, and from thence hath its name, because in ancient times money was square, with corners, as it is in some countries to this day. 1 Inst. 207.

14 G. 3. c. 92. Weights for coin.

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.

By stat. 14 G. 3. c. 92. § 4, 5., no other weight than such as shall be stamped or marked by the officer appointed by H. M. for that 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.

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 of lawful metal, that is, of silver or gold, except for sums under sixpence. 2 Inst. 5.7. 1 Hale, 195.

II. Of Counterfeiting.

coin.

Silver and gold the only legal tender.

Former acts repealed by 2 W. 4. c. 34.

The greater part of the statutes constituting offences against the coin in England, Scotland, and Ireland, were repealed by 2 W. 4. c. 34., being an act for consolidating and amending the laws against 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.

Counterfeiting

the gold or silver coin,

transportation

for life.

§3. "If any person shall falsely make or counterfeit any coin resembling, or apparently intended to 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 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 or counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected."

deemed com..

plete.