copper coin, at a lower rate than its denomination imports, or was apparently intended to import;-he shall, in any of these cases, be guilty of felony; and may be sentenced to penal servitude for any term not more than seven nor less than five years, or be imprisoned for any term not more than two years, with or without hard labour and solitary confinement (ƒ). 2. Whoever shall utter or put off a false coin intended to pass for some current copper coin; or shall have in his possession three or more pieces of false copper coin; knowing the same to be counterfeit, and with intent to utter the same,-shall be guilty of a misdemeanor, and may be so imprisoned for any term not exceeding one year (g). In addition to the above provisions, it is also enacted, that it shall be a misdemeanor, punishable by imprisonment, with or without hard labour, to the extent of two years, for a person (without lawful authority) to export any false or counterfeit coin (h); and a misdemeanor so punishable to the extent of one year, to deface the current coin of this realm by stamping thereon names or words, whether such coin shall or shall not be thereby diminished or lightened. And it is declared that coin, so defaced or stamped, shall not be a legal tender; and that any person tendering or uttering it, may be summarily convicted before two justices, and fined forty shillings (i). There are, also, provisions having reference to the coin of foreign states. Whoever shall make or counterfeit any kind of coin not the current gold or silver of this country, but resembling or (f) 24 & 25 Vict. c. 99, s. 14; 27 & 28 Vict. c. 47. (g) 24 & 25 Vict. c. 99, s. 15. (h) Sect. 8. (i) Sects. 16, 17. To melt down the current gold and silver coin of the realm; to receive current gold coin as being of more or less value than was denoted by its denomina tion; and to import into this country silver coin below the standard weight were all formerly offences. But the statutes under which such practices were made penal, were repealed by 59 Geo. 3, c. 49, s. 11; 6 Geo. 4, c. 105, s. 141; and 2 & 3 Will. 4, c. 34. apparently intended to resemble or pass for gold or silver coin of some foreign state; or who shall (without lawful authority or excuse), bring into the united kingdom any such false coin, knowing the same to be counterfeit ;-shall be guilty of felony and he may be sentenced to penal servitude for a term not more than seven nor less than five years; or imprisonment, with or without hard labour and solitary confinement, to the extent of two years (k). And it is further enacted, that if any one shall tender, utter or put off such counterfeit foreign coin, knowing the same to be false, he shall be guilty of a misdemeanor, and may for the first offence be imprisoned to the extent of six months (with or without hard labour); for the second offence be imprisoned for two years (with the addition, if thought fit, of solitary confinement); and for the third offence, shall be deemed guilty of felony, and may then be sentenced to penal servitude for life, or not less than five years, with the alternative sentence of imprisonment for not more than two years, with or without hard labour and solitary confinement (1). And, again, whoever shall counterfeit a foreign coin, intended to resemble some foreign copper or other coin made of metals or mixed metals of less value than silver,-shall be guilty of a misdemeanor; and may be imprisoned for the first offence for any time not exceeding one year and on a second conviction, he is liable to penal servitude for not more than seven nor less than five years; or imprisonment, (with or without hard labour and solitary confinement,) not exceeding two years (m). And whoever shall have in his possession more than five pieces of any false foreign coin (without lawful excuse) may be convicted (4) 24 & 25 Vict. c. 99, ss. 18, 19. (See 27 & 28 Vict. c. 47.) These provisions are in the place of similar ones contained in 37 Geo. 3, c. 126 (repealed by 24 & 25 Vict. c. 95); as to which see R. v. Roberts, VOL. IV. 1 Dearsley's C. C. 339. (1) 24 & 25 Vict. c. 99, ss. 20, 21; 27 & 28 Vict. c. 47. (m) 24 & 25 Vict. c. 99, s. 22; 27 & 28 Vict. c. 47. M before a justice in the penalty of not more than forty nor less than ten shillings, in respect of every piece of such false coin so found in his possession; and in default of payment thereof may be committed to prison for three months, or till the fine be paid. And all such base money becomes forfeited, and shall be destroyed by the authorities (»). IX. Fraudulent Debtors. Those fraudulent practices affecting the rights of property which are provided against by the law of Bankruptey may here be referred to. Of the nature of these, however, we have taken such note as seemed proper in a former part of the work when that branch of the law engaged our attention, and it will be unnecessary to recapitulate them in this place (0). X. Cheating. We may also allude to the practice of criminal cheating in trade generally, and refer here to that prodigious multitude of statutes, which are made to restrain and punish deceits in particular businesses, and which are enumerated by Hawkins and Burn and other writers (p). Moreover the offence of selling articles, knowing any trade marks thereon to be counterfeited is reducible to this head of cheating (2); as is likewise, in a (n) 24 & 25 Vict. c. 99, s. 23. (a) Vide sup. vol. II. pp. 160 et seq. (p) By 19 & 20 Vict. c. 114, provisions are made "to prevent false packing and other frauds in the hay and straw trade," which trade is regulated by 36 Geo. 3, c. 88. We may also notice here, that Blackstone (vol. iv. p. 157) mentions the offence of breaking the assise of bread, that is, violating the rules laid down by several statutes for regulation of its price, viz., 51 Hen. 3, st. 1 and 6; ord. pistor. 2 & 3 Edw. 6, c. 15; 31 Geo. 2, c. 29. But all statutes re lating to the assise were repealed by 6 & 7 Will. 4, c. 37, and (as to the city of London) by 3 Geo. 4, c. cvi., -which contain new regulations as to the bread trade. It may be observed, as connected with enactments more or less devised in the interest of fair dealing, that by 34 & 35 Vict. c. 96 (amended by 44 & 45 Vict. c. 45), pedlars (who sell their wares by travelling about from place to place) are required to take out certificates before they can exercise their calling, and that these must be annually renewed. (2) Vide sup. p. 152. The penalty imposed for this species of peculiar manner, the offence of selling by false weights and measures, the standard of which has already fallen under our consideration (r). The general punishment for all cheating such as is indictable at common law (s), is by fine and imprisonment (†); to which, by 14 & 15 Vict. c. 100, s. 29, hard labour may now be added; but if the cheating be in contravention of some special enactment, the easier and more usual way is to proceed by way of summary conviction; and then to levy, by way of distress and sale, the forfeiture or penalty imposed by the particular Act of parliament (u). cheating is the forfeiture of the value of the articles, and an additional sum to the extent of 51. (25 & 26 Vict. c. 88, s. 4.) () Vide sup. vol. II. p. 519. (s) As to what cheating in matters of trade is indictable or otherwise at the common law, see Rex v. Wheatley, 2 Burr. 1128; Rex v. Dixon, 3 M. & S. 11; Rex v. Haynes, 4 M. & S. 214; 2 Russ. on Crimes, bk. iv. c. 31, s. 1. (t) See R. v. Treve, 2 East, P. C. 821; R. v. Dixon, ubi sup.; R. v. Haynes, ubi sup. (u) We may take occasion here to mention certain offences spoken of by Blackstone, but which are no longer (as they were in his time) prohibited by statute. These are, 1. To transport and seduce our artists to settle abroad, or even to export tools or utensils used in certain manufactures. 2. To forestall, regrate or engross the market. The offence of forestalling the market, consisted in buying the merchandize on its way to market, or dissuading persons to bring their goods there, or persuading them to enhance the price when there. That of regrating, consisted in buying corn, &c. in any market, and selling it again in or near the same place. That of engrossing, was getting into one's possession or buying up large quantities of corn, &c., with intent to sell them again. 3. The offence of owling, that is, of transporting wool or sheep out of the kingdom; but this, (with all other offences relating to the exportation of wool or sheep,) was abolished by the effect of 5 Geo. 4, c. 47. CHAPTER VI. OF OFFENCES AGAINST PUBLIC ORDER, INTERNAL AND THE order of our distribution will next lead us to take into consideration, such crimes and misdemeanors as affect men, not in their capacity of individuals, or in respect of their persons or property, but as members of the commonwealth; in respect, in short, of those public rights which are common to all the subjects of the realm (a). And these shall be considered in this and the succeeding chapters under the following arrangement, viz. offences against public order, internal and external; offences against religion, morals and public convenience; and offences affecting the administration of justice and the maintenance of public order. Under the first of these heads we shall primarily advert to the crime of high treason. I. [Treason, proditio, in its very name, imports a betraying, treachery, or breach of faith; and the crime of which we here speak, is treachery against the sovereign or liege lord (b): and as it is the highest crime which, "ferior so abuses that confidence, (a) Vide sup. p. 46. (b) "It therefore happens only "between allies," (saith the Mirrour, c. 1, s. 7,) "for treason is in"deed a general appellation made |