
    United States v. Venable, and United States v. Brooke.
    After acquittal rrpon a charge of passing counterfeit money, “ in payment,” the Court will not order the prisoners to give security for their good behavior, although it should appear in evidence that they had uttered false money, as true.
    
      Mr. Jones, Attorney for the United States,
    moved the Court, that the prisoners, who had been acquitted of passing counterfeit money, “ in payment,” under the Act of Virginia, of December 19, 1792, should be ordered to give security for their good behav* ior, it having appeared in evidence that they had uttered counterfeit money, but not “ in payment.”
   Motion overruled.

Duckett, J., absent.  