taining on the obverse* side thereof, an impression of the head of his majesty our said lord the king, and the following words and letters, videlicet, "Georgius III. Dei gratia rex," and on the reverse thereof the following words and figures, videlicet, "Bank token, 3 shill. 1812." resembling and made with intent to resemble and look like silver pieces denominated tokens, issued and circulated by the governor and company of the bank of England for the convenience of the public, in pursuance of and by virtue of the statute in that case made and provided, for the sum of three shillings each, against the form of the statute, &c. and against the peace, &c. In a second count describe the counterfeit as a certain device resembling, and made with intent to resemble and look like, silver pieces denominated tokens, issued and circulated, &c. (as before.) or device made, or shall use figures, character or characters, as aforesaid, without lawful excuse, the proof whereof shall lie upon the party accused, every person so offending, in any of the cases aforesaid, and being convicted thereof according to law, shall be adjudged a felon, and shall be transported for the term of fourteen years. By the stat. 51 G. 3. c. 110. sec. 2. to bring counterfeited tokens into the kingdom, with intent to utter them, is felony. And by s. 3. to offer or tender in payment, or give in exchange, or pay or put off, such counterfeit tokens, knowing, &c. is a misdemeanor punishable by fine and imprisonment, The third offence to be deemed felony. 168. Indictment for buying guineas (r). (Commencement as in pr. 1.) Unlawfully did pay to one R. R. for five pieces of gold coin, lawfully current within (r) The stat. 52 G. 3. c. 50. continued by stat. 53 G. 3. c. 5. until the 25th of March, 1814,-no person shall receive or pay for any gold coin lawfully current within the united kingdom, any more in value, benefit, profit, or advantage than the true lawful value which such gold coin doth or shall by its denomination import, whether such value, benefit, profit, or advantage be paid, made, or taken in lawful money, or if paid or taken in Great Britain in any note or notes, bill or bills, of the company of the Bank of England, or in any silver token or tokens issued by the said governor and company, or if paid or taken in Ireland, in any note or notes, bill or bills, of the governor and company of the Bank of Ireland or in any silver token or tokens issued by the last-mentioned governor and company, or by any or all of the said means wholly or partly, or by any other means, device, shift, or continuance whatsoever; and every person who shall offend herein, shall be deemed and adjudged guilty of a misdemeanor, and being thereof convicted by due course of 1aw, shall suffer six months imprisonment, and find sureties for his good behaviour for one year more, to be computed from the end of the said six months. Upon a second conviction for the same offence, the offender liable to one year's imprisonment, and to find sureties for one year more, to be computed from the end of the last-mentioned year; a third, and every subsequent conviction, punishable by two years imprisonment. By sec. 3. indictments upon this act shall not be traversed to any subsequent assizes or sessions. By sec. 4. it is unnecessary to prove that the money, notes, bills, &c. received or paid for such gold coin, are good, lawful, and current money, &c. or good, valid, and effectual notes, &c.; but that such money, notes, &c. shall be taken to be respectively of the value they on the face of them import, until the contrary be proved to the satisfaction of the judge, justice, or court; and it is unnecessary to prove that the gold coin received or purchased contrary to the act, was of the current gold coin of this realm, but the same shall be taken and deemed so to be, if taken and received as such, until the contrary appear. By sec. 5. if any person shall receive or pay any Bank of England or Bank of Ireland this realm (s), called guineas, by their denomination importing to be of the value of five pounds and five shillings, more in value, benefit, profit, and advantage, than the true lawful value which such pieces of gold coin, by their denomination, imported to be of, to wit, one piece of silver coin, of lawful money of Great Britain, called a shilling, of the value of one shilling, 22 pieces of silver coin, called Spanish dollars, of the value of 5s. 6d. each, one piece of silver coin, called a Spanish half-dollar, of the value of 2s. 6d. and one piece of silver coin, called an American half-dollar, of the value of 2s. 6d. against the form of the statute, &c. and against the peace, &c. (Second count. Commencement as in pr. 5.) Unlawfully did pay to the said R. R. for five other pieces of gold coin lawfully current within this realm (s), called guineas, by their denomination importing to be of the value of 51. 5s. more in value, benefit, profit, and advantage, than the true lawful value which such last mentioned five pieces of gold coin, by their denomination imported to be of, to wit, one pound and two shillings more in value, benefit, profit, and advantage, than the true lawful value of such last-mentioned five pieces of gold coin, that is to say, he the said D. W. did then and there pay for the last-mentioned five pieces of gold coin, to the said R. R. one other piece of silver coin, of lawful money, &c. (as in the first count.) (Third count.) Unlawfully did pay to the said R. R. for five other pieces of gold coin lawfully current within this realm (s), called guineas, by their denomination importing to be of the value of 57. 5s. one other piece of silver coin of lawful money of Great Britain, called a shilling, of the value of one shilling, 22 other pieces of silver coin, called Spanish dollars, of the value of 5s. 6d. each, one other piece of silver coin, called a Spanish halfdollar, of the value of 2s. 6d. and one other piece of silver coin, called an American half-dollar, of the value of 2s. 6d. being more in value, benefit, profit, and advan notes, for less than the amount of lawful money expressed therein, the offender, on conviction, shall be deemed guilty of a misdemeanor, subject to a fine of double the amount of the sum specified (s) In the stat. "united kingdom." tage, to wit, to the amount of 17. 2s. more in value, benefit, profit, and advantage, than the true lawful value which such last-mentioned five pieces of gold coin, called guineas, by their denomination imported to be of, against the form, &c. and against the peace, &c. (Fourth count.) Unlawfully did pay to the said R. R. for five pieces of gold coin, lawfully current within this realm, called guineas, by their denomination importing to be of the value of 57. 5s. more in value, benefit, profit, and advantage, than the true lawful value, which such last-mentioned five pieces of gold coin, called guineas, imported to be of, that is to say, 17. 2s. more in value, benefit, profit, and advantage, than the true lawful value of such last-mentioned pieces of gold coin, the said lastmentioned value, benefit, profit, and advantage, then and there being paid, partly in a certain piece of lawful silver money of Great Britain, and partly in certain foreign silver coin, against the form, &c. and against the peace, &c. 169. Against a bankrupt for a fraudulent concealment of his effects (a). Yorkshire, to wit. The jurors for our lord the king, upon their oath present, that I. S. late of Alverthorpe, in the parish of Wakefield, in the county of York, clothier, dealer and chapman, on the 23d day of September, in the 50th 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, was, and for a long time, to wit, for the space of six months and more before then had been and was a clothier, dealer and chapman, and for all that time did use and exercise the trade of merchandize, by way of bargaining, exchange, bartering, and chevizance, and did seek his trade of living by buying and selling, to wit, at A. aforesaid, in the county of Y. aforesaid, and that the said I. S. so as aforesaid using and exercising the trade of merchandize, (a) Under the stat. 5 G. 2. executed, York Spring ass. c. 30. s. 1. upon this indictment the prisoner was convicted and 1813. by way of bargaining, exchange, bartering and chevizance, and seeking his trade of living by buying and selling as aforesaid, on the said 23d day of September, in the 50th year of the reign aforesaid, at A. aforesaid, in the county of Y. aforesaid, became and was indebted to I. D. in the sum of 1007. and upwards, for a just and true debt, and being so indebted, and so using and exercising the trade of merchandize by way of bargaining, exchange, bartering, chevizance, and seeking his trade of living by buying and selling as aforesaid, he the said I. S. on the said 23d day of September, in the 50th year aforesaid, at A. aforesaid, in the county of Y. aforesaid, became a bankrupt within the intent and meaning of the several statutes made and then and yet in force concerning bankrupts or some or one of them, and that afterwards, to wit, on the 1st day of October, in the 50th year of the reign aforesaid, the said I. D. then being such creditor of the said I. S. as aforesaid, and the said I. S. being indebted to him as aforesaid, on PETITION of the said I. D. as well for himself as for all other the creditors of the said I. S. made and exhibited in writing to the Right Hon. John Lord Eldon, then being lord high chancellor of Great Britain, a certain commission of our lord the king, sealed with the great seal of the united kingdom (a) of Great Britain and Ireland, founded upon the statutes made and provided against bankrupts, was duly awarded and issued out (b) by the said lord high chancellor, to wit, at Westminster, in the county of Middlesex, and to the jurors aforesaid now here shewn, bearing date at Westminster, the said 1st day of October, in the 50th year of the reign aforesaid, directed to I. P., H. I. M., esqrs. I. L., I. B., and I. L. P., gents. in and by which said commission our said lord the king did name, assign, appoint, constitute, and ordain them the said I. P., H. I. M., esqrs. I. L., I. B., and I. L. P., gents. the special commissioners of our said lord the king thereby giving full (a) It seems that it would be sufficient to aver, that the commission was sealed with the great seal of Great Britain. See R. v. Bullock, 1 Taunt. 71. (b) The words of the stat. It is not sufficient merely to aver, that the commission was awarded. Frith's case, Leach. |