deceitfully, did utter (o) to one M. N. spinster, she the said I. H. at the time when she so uttered the said piece of false and counterfeit money, then and there well knowing the same to be false and counterfeit; and that she the said I. H. at the time when she so uttered the said piece of false and counterfeit money as aforesaid, (to wit,) on, &c. at, &c. had about her the said I. H. in the custody and possession of her the said I. H. 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, she the said I. H. then and there well knowing the said last-mentioned piece of false and counterfeit money to be false and counterfeit, against the form of the stat. (p) &c. and against the peace, &c. 166. For uttering a counterfeit shilling, having before been convicted as a common utterer, &c. of counterfeit money. Lancashire, to wit. That heretofore, to wit, at the assizes and general session of our sovereign lord the king of oyer and terminer and general gaol delivery, held at the Castle of Lancaster, in and for the county palatine of Lancaster, on Tuesday the 26th day of March, in the 45th year of the reign of our sovereign lord George the third, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, before his majesty's well-beloved and faithful counsellor Edward Lord Ellenborough, chief justice of our said sovereign lord the king of his majesty's Court of King's Bench, at (0) This is sufficient, with out proceeding to aver a tender in payment, since the stat. is in the disjunctive. R. v. Franks, Leach, 736. (p) This indictment is founded on the stat. 15 G. 2. c. 28. s. 3. and in order to subject the offender to the punishment imposed by the third section, it is not necessary to allege that the defendant is a common utterer of false money, since this is a conclusion of law which arises upon the facts stated. Scott's case, Leach, 1001. Smith's case, 2 Bos. & Pull. 127. But it is not sufficient, in an indictment on this section, to allege two utterings on the same day in different counts, they must both be alleged in the same count. R. v. Tandy, Leach, 970. East, P. C. 182. Westminster, and his majesty's trusty and well-beloved Sir Robert Graham, knight, one of the barons of our said sovereign lord the king, of his majesty's Court of Exchequer, at Westminster, and others their companions, justices and commissioners of our said sovereign lord the king, by virtue of letters patent of our said sovereign lord the king, I. H. by the name and description of I. H. late of the parish of Blackburn, in the county of Lancaster, labourer, was in due form of law tried and convicted by a certain jury of the country, duly taken and sworn, between our said lord the king and the said I. H. in that behalf, upon a certain indictment then and there depending against him the said I. H.; for that he the said I. H. on the 19th day of August, in the 44th year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, with force and arms, at the parish aforesaid, in the county aforesaid, one 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 R. W. he the said I. H. at the time when he so uttered the said piece of false and counterfeited money, then and there well knowing the same to be false and counterfeit; and that he the said I. H. afterwards, to wit, on the same 19th day of August, in the 44th year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, one other piece of false and counterfeit money, made and counterfeited to the likeness and simiJitude 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 R. B. he the said I. H. 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 of the statute, &c, and against the peace, &c. And that the said 1. H. on the said 19th day of August, in the 44th year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, one 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 T. A. he the said I. H. 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.; and thereupon it was considered by the court there, that the said I. H. should be imprisoned in his majesty's gaol in the Castle of Lancaster aforesaid, for and during the term of twelve months, and that, at the expiration of that time, he should find sureties for his good behaviour for two years, as by the record thereof doth more fully appear. And the jurors aforesaid, now here sworn and charged to inquire for our said lord the king for the body of the said county of Lancaster, upon their oath aforesaid, do further present, that the said I. H. having been so convicted as a common utterer of false money, afterwards, to wit, on the 15th day of May, in the 53rd year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, with force and arms, at the parish of Whalley, in the county aforesaid, one 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, deceitfully, and feloniously did utter to one A. H. spinster, he the said I. H. 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. (2nd count.) And the jurors aforesaid, upon their oath aforesaid, do further present, that heretofore, &c. (the former conviction is here set out again, as in the first count.) And the jurors aforesaid, now here sworn and charged to inquire for our said lord the king for the body of the said county of Lancaster, upon their oath aforesaid, do further present, that the said I. H. having been so convicted as aforesaid, afterwards, to wit, &c. (as in the first count.) 167. Indictment for coining bank tokens (q). (Comm. as in pr. 1.) Feloniously did make, coin, and counterfeit, and cause and procure to be made, coined, (y) By the stat. 52. G. 3. c. 138. reciting that the governor and company of the bank of England, had caused to be coined, stamped, and circulated, a large quantity of silver dollars, containing, on the obverse side thereof, an impression of his majesty's head, and the following words and let ters, videlicet, "Georgius III. Dei gratia rex," and on the reverse side thereof the impression of Britannia and the following words and figures, videlicet, "Five shillings, dollar, bank of England, 1804"; and that the said governor and company had also issued and circulated, for the convenience of the public, a quantity of silver pieces, denominated tokens, for the respective sums of three shillings and one shilling and sixpence, such tokens for the sum of three shillings, containing, on the obverse side thereof, an impression of his majesty's head and the following words and letters, videlicet, obverse side letters on the thereof, as upon the said token for 3s. and on the reverse side thereof the following words and figures, videlicet, "Bank token Is. 6d." with the addition of the year in which the same were respectively coined and stamped; and reciting further the intention, other like tokens for the sum of 3s. and is. 6d. it is enacted, that if any person, &c. shall make, coin, or counterfeit, or cause or procure, &c. or willingly act or assist in the making, &c. any coin, medal, or device whatsoever, resembling, or made with intent to resemble or look like any of the said dollars or tokens, or any of them, or to pass as such, every person so offending, and being thereof convicted by due course of law, shall be deemed and adjudged to be guilty of felony, and shall be transported for fourteen years. By sec. 2. if any person shall utter, offer, or tender in payment, or sell or give in exchange, or pay or put off, to any person or persons, any such false or counterfeit dollar or dollars, token or tokens, as aforesaid, knowing, &c. and shall, either on the same day, or within the space of 10 days then next afterwards, utter, offer, &c. any more or other and counterfeited, and did willingly act and assist in the making, coining, and counterfeiting one medal, con such counterfeit dollar, &c. knowing the same, &c. to the same or to any other person or persons, or shall at the time of such first uttering, &c. have in custody or possession one or more such counterfeit doilar, &c. or any piece or pieces of counterfeit money whatsoever, besides what was or were so uttered, &c. such person, &c. shall be deemed and taken to be a common utterer of such counterfeit dollars, &c. and being thereof convicted, shall suffer one year's imprisonment, and shall find sureties, &c. for two years more. Upon a second conviction of such offence, the offender to be deemed and adjudged to be guilty of felony, and to be transported for the term of 14 years. By sec. 3. persons guilty, discovering offenders, not liable to prosecution. By sec. 4. a certificate of conviction in another county, by the clerk of assize, &c. in that county, &c. shall, at the request of the prosecutor or any person on his majesty's behalf, be sufficient proof of such former conviction. The same statute, s. 9. reciting, that divers frauds have been practised by making and publishing papers with certain words and characters so nearly resembling the notes and bills of the governor and company of the Bank of England, as to appear to ignorant and unwary persons, to be the notes and bills of the said en governor and company, acts, that if any person shall engrave, cut, etch, scrape, or by any other means or device make, or shall cause or procure to be engraved, cut, etched, scraped, or by any other means or device made, or shall knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other means or devise making, in or upon any plate of copper, brass, steel, pewter, or of any other metal or mixture of metals, or upon wood, or any other materials, or upon any plate whatsoever, any word or words, figure or figures, character or characters, the impression taken from which shall resemble, or be apparently intended to resemble, the whole or any part of any of the notes or bills of the said governor and company, commonly called bank notes and bank post bills, or shall contain any word, number, figure, or character, in white, on a black, sable, or dark ground, without any authority in writing for that purpose from the said governor and company, to be produced and proved by the party accused, or shall, without such authority as aforesaid, use any such plate, wood, or other material so engraved, cut, etched, scraped, or by any other means |