times as well before as after, did, together with divers other persons to the jurors aforesaid unknown, feloniously compass, imagine, invent, devise, and intend to depose our most gracious Lady Queen Victoria from the style, honour, and royal name of the imperial crown of the United Kingdom; ["to deprive or depose our most gracious Lady the Queen, her heirs or successors, from the style, honour, or royal name of the imperial crown of the United Kingdom, or of any other of Her Majesty's dominions and countries,-Or to levy war against Her Majesty, her heirs or successors, within any part of the United Kingdom, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overace, both houses or either house of parliament,-Or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other dominions or countries under the obeisance of Her Majesty, her heirs or successors;"] and the said compassing, imagination, invention, device, and intention did then feloniously express, utter, and declare, by [publishing divers printings and writings, and by open and advised speaking, and by divers overt acts and deeds,] hereinafter mentioned, that is to say: In order to fulfil, perfect, and effectuate his said most evil, wicked, and felonious compassing, imagination, invention, device, and intention aforesaid, he the said A. B., and the said several other persons aforesaid, on, feloniously did publish and cause to be published a certain printed paper according to the tenor and effect following, that is to say: [here set out the paper.] And in order further to fulfil, perfect, and effectuate his said most evil, wicked, and felonious compassing, imagination, invention, device, and intention aforesaid, he the said A. B., on, feloniously did openly and advisedly say to divers subjects of our said Lady the Queen [here state any open and advised speaking, which may be an overt act of the felony.] And in order further to fulfil, perfect, and effectuate his said most evil, wicked, and felonious compassing, imagination, invention, device, and intention aforesaid, he the said A. B., and the said several persons aforesaid, on, feloniously did [here set out any other overt acts, as in treason, ante, p. 564]: Against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity: [The venue may be the same as in treason. See ante, p. 72. The indictment may charge any number of overt acts. 11 Vict. c. 12, s. 5. The defendant is not entitled to a copy of the indictment, or to a list of the witnesses or their respective addresses; but he will be allowed. · to inspect the indictment, and the names of the witnesses indorsed upon it. R. v. Cuffey, 12 Shaw's J. P. 648, 807. Felony; transportation for life, or not less than seven years; or imprisonment, with or without hard labour, for not more than two years. 11 Vict. c. 12, s. 3. This is not to affect the stut. 25 Ed. 3, st. 5, c. 2, as to treason; Id. s. 6; nor shall the indictment be deemed erroneous, if any of the facts therein stated amount in law to treason, nor shall the defendant be acquitted if the facts proved amount to treason. Id. s. 7. Accessories before the fact, punishable as principals; and accessories after the fact, imprisonment, with or without hard labour, for not more than two years. Id. s. 8. No costs. Id. s. 10. Limitation of prosecution.] It is provided by stat. 11 Vict. c. 12, s. 4, that no person shall be prosecuted for a felony under that Act, in so far as the compassings, &c., are expressed by open and advised speaking only, unless information of the same on oath be given before a justice of the peace within six days after the words spoken, or unless a warrant for the apprehension of the person who spoke them be issued within ten days after the information,-nor unless the warrant issue within two years after the passing of the Act [22nd April, 1847.] So that now there cannot be any prosecution under this Act, where the compassing, &c., is evidenced by open or advised speaking only. But in all other cases, there seems to be no limitation to the prosecution. Evidence.] The evidence is applied entirely to the proof of the overt acts, as in treason. By stat. 11 Vict. c. 12, s. 4, "no person shall be convicted of any such compassings, imaginations, inventions, devices, or intentions as aforesaid, in so far as the same are expressed, uttered, or declared by open or advised speaking as aforesaid, except upon his own confession in open court, or unless the words so spoken shall be proved by two credible witnesses." 3. Attempt to Fire at, or do other Injury to, Her Majesty. Indictment. The jurors for our Lady the Queen, upon their day of to wit. oath present, that A. B., on the in the year of our Lord, did wilfully [attempt to] discharge a certain pistol near to the person of Her Majesty Queen Victoria ["wilfully discharge or attempt to discharge, or point, aim, or present at or near to the person of *the Queen, any gun, pistol, or any other description of firearms or of other arms whatsoever, whether the same shall or shall not contain any explosive or destructive material,—or shall discharge or cause to be discharged, or attempt to discharge or cause to be discharged, any explosive substance or material near to the person of the Queen, or if any person shall wilfully strike or strike at, or attempt to strike or to strike at, the person of the Queen, with any offensive weapon, or in any other manner whatsoever,-or if any person shall wilfully throw or attempt to throw any substance, matter, or thing whatsoever at or upon the person of the Queen, with intent in any of the cases aforesaid to injure the person of the Queen, or with intent in any of the cases aforesaid to break the public peace, or whereby the public peace may be endangered,- -or with intent in any of the cases aforesaid to alarm Her Majesty ;—Or if any person shall, near to the person of the Queen, wilfully produce or have any gun, pistol, or any other description of fire-arms or other arms whatsoever, or any explosive, destructive, or dangerous matter or thing whatsoever, with intent to use the same to injure the person of the Queen, or to alarm Her Majesty,"] with intent thereby then to injure the person of Her said Majesty: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [There may be other counts, if necessary, varying the statement of the act done, and of the intent, as defined by the statute. High misdemeanor; transportation for seven years ;—ør imprisonment, with or without hard labour, for not more than three years, and to be publicly or privately whipped not oftener than thrice. 5 & 6 Vict. e. 51, s. 2. This is not to alter the punishment for treason or misprision of treason. Id. s. 3. Evidence. To maintain this indictment, it must be proved 1. That the defendant did the act, stated in the indictment. 2. The intent as laid. This may be inferred from the nature of the act done, or from other facts or circumstances fairly indicating it. CHAPTER III. Offences of a Public Nature. SECTION 1. Offences relating to the Coin. 1. Counterfeiting the Coin. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the day of in the year of our Lord, feloniously did falsely make and counterfeit one piece of coin, resembling and apparently intended to resemble and pass for ["any coin resembling or apparently intended to resemble or pass for"] certain of the Queen's current gold coin called a sovereign [or silver coin called a shilling]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [As to the venue, see ante, p. 73. Where a fourpenny piece was called a“ groat" in the indictment, and the proclamation was not proved by which these coin were made current, the judge left it to the jury to say whether a groat and a fourpenny piece were the sume, thing, and they acquitted the prisoner. R. v. Connell, 1 Car. & K. 190. Felony; transportation for life, or not less than seven years; ;—or imprisonment, [with or without hard labour, s. 19] for not more than four years. 2 W. 4, c. 34, s. 3. Evidence. To maintain this indictment, the prosecutor must 1. Prove that the prisoner coined the piece of counterfeit money in question, or was present aiding and abetting in the coining of it. By stat. 2 W. 4, c. 34, s. 3,"every such offence shall be deemed to be complete, although the coin so made and counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.” But it must be in such a state as to enable the jury to judge, whether it resembles, or was apparently intended to resemble or pass for the Queen's current coin, as stated in the indictment. And the Queen's gold or silver coin, shall be deemed to include and denote any gold or silver coin, coined in any of Her Majesty's mints, and lawfully current in any part of Her Majesty's dominions, whether within the United Kingdom or otherwise. Id, s. 21. 2. Produce the coin, and prove it to be counterfeit. By stat. 2 W. 4, c. 34, s. 17, it shall not be necessary to prove the coin to be false and counterfeit by the evidence of any moneyer or other officer of Her Majesty's Mint, but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness. In the country, at the assizes and sessions, the solicitor for the Mint, if present, or, in his absence, some silversmith, is usually the witness called for this purpose. 2. Uttering Counterfeit Coin. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the day of —, in the year of our Lord did tender and utter [“ tender, utter, or put off"] to one C. D, one piece of false and counterfeit coin, resembling and apparently intended to resemble and pass for ["any false or counterfeit coin, resembling or apparently intended to resemble or pass for"] certain of the Queen's current silver coin called a half-crown [or gold coin called a sovereign]; he the said A. B., at the time he so tendered and uttered the said piece of false and counterfeit coin, well knowing the same to be false and counterfeit : against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [As to the venue, see ante, p. 73. Misdemeanor; imprisonment [with or without hard labour, s. 19] for not more than one year. 2 W. 4, c. 34, s. 7. Evidence. To maintain this indictment, the prosecutor must prove 1. The tendering or uttering in question by the prisoner, or that he was present aiding and abetting in the uttering. Where the indictment charged the prisoner with having "uttered and put off" a counterfeit shilling to one Dunning, |