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which produce the colour of silver; and that it was not necessary that the piece so coloured should be current, for the colouring of blanks was an offence within the clause. And it was observed, that a contrary construction would prevent any conviction until a wash was discovered, which would in the first instance produce a

perfect bright shilling or sixpence. (d) Gilding with Upon an indictment on the 2 W. 4, c. 34, s. 4, which alleged that gold within

the prisoner three sixpences “ feloniously did gild with materials the 4 W. 4,

capable of producing the colour of gold,” it was proved that the c. 34, s. 4.

prisoner was apprehended in the act of gilding sixpences with gold, three of which so gilt were found in the room where he was taken: it was objected that the indictment was not proved, as the prisoner had used gold and not materials capable of producing the colour of gold. It was answered, that the latter words might be rejected; to which it was replied, that they could not, as they qualified the word gold, and showed it was not used in the strict sense of the word. A verdict having been directed for the Crown, it was moved, in arrest of judgment, in case the objection should be one on the record Upon a case reserved, the Judges present were unanimous that the indictment was proved, and all, except two, (e) considered the indict

ment good. (f) Counterfeiting It should be observed, that if there be a counterfeiting in fraud complete with- of the King, the offence is complete before any uttering, or attempt out uttering.

to utter. V. As to princi- The 2 W. 4, c. 34, s. 18, enacts, “ that in the case of every

“ felony punishable under this act, every principal in the second second degree, 6 and access

degree, and every accessory before the fact, shall be punishable in sories. “ the same manner as the principal in the first degree is by this

“ act punishable ; and every accessory after the fact to any felony

punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and in so far

as relates to Scotland, every person who shall become accessory “ after the fact to any of the offences to which the punishment of

transportation is by this act attached, shall on conviction be liable “ to be imprisoned for any term not exceeding two years; the

general law of Scotland as to accession, or art and part, being in “ all other respects to regulate the punishments to be awarded under 66 this Act.”

Accomplices or receivers, in those offences concerning the coin which amount to felony, follow the general rule applicable to felony. Two agree to counterfeit

, and one does it in consequence of that agreement; they are both guilty. One counterfeits, and another by agreement beforehand afterwards puts it off; the latter is a principal: so if he put it off afterwards, knowing that the other coined it; for that makes him an aider: so if he furnished the coiner with

tools, or materials for coining. (99) What shall be Sec. 17, declares and enacts, “ that where, upon the trial of any

4 , sufficient proof “ person charged with any offence against this act, it shall be ne

(d) Rex v. Case, 1 East, P. C. c. 4, s. the 8 & 9 W. 3, c. 26, s. 4. C. S. G. 14, p. 165, 166. 1 Leach, 154. note (a). (e) Littledale, J., and Parke, B. This case probably caused the use the (f) Reg. v. Turner, 2 M. C. C. R. 42. terms “materials capable of producing the (9) 3 Inst. 61. 1 Hale, 215, 228. I colour of gold or silver,” in the 2 W. 4, c. Hawk. c. 17, s. 55. 1 East, P. C. c. 4, s. 34, s. 4, instead of the terms, “materials. 13, p. 165. producing the colour of gold or silver,” in (99) 1 East, P. C. c. 4, s. 31, p. 186.

&c.

cessary to prove that any coin produced in evidence against such of coin being " person is false or counterfeit, it shall not be necessary to prove

counterfeit.

the " same to be false and counterfeit by the evidence of any moneyer

or other officer of his 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.”

Proof that a man occasionally visited coiners; that the rattling of what not sufmoney was occasionally heard with them; that he was seen count- ficient evidence ing something as if it was money when he left them; that, on com

of counselling, ing to the lodgings just after their apprehension, he endeavoured to escape, and was found to have bad money about him; is not suffi. cient evidence to implicate him, as counselling, procuring, aiding, and abetting the coining. Two women were indicted for colouring a shilling and sixpence, and a man (Isaacs) as counselling them, &c. The evidence against him was, that he visited them once or twice a week; that the rattling of copper money was heard whilst he was with them; that once he was counting something just after he came out: that on going to the room just after their apprehension he resisted being stopped, and jumped over a wall to escape ; and that there were then found upon him a bad three shilling piece, five bad shillings, and five bad sixpences; but upon a case reserved the judges thought the evidence too slight to convict him. (h)

Sec. 15, enacts, “ that where two or more persons, acting in con- Venue. cert in different counties or jurisdictions, shall commit any offence “ against this act, all or any of the said offenders may be dealt “ with, indicted, tried, and punished, and their offence laid and “ charged to have been committed, in any one of the said counties “ or jurisdictions, in the same manner as if the offence had been “ actually and wholly committed within such one county or juris“ diction : Provided always, that crimes and offences against this “act committed in Scotland shall be proceeded against and tried “ in Scotland in such manner and form as crimes and offences gene" rally have been heretofore tried in that country.”

Sec. 20, enacts, “ that where any offence punishable under this As to offences
" act shall be committed within the jurisdiction of the Admiralty, committed at
" the same shall be dealt with, inquired of, tried, and determined
“ in the same manner as any other offence committed within that
"jurisdiction.”

Sec. 19, enacts, “ that where any person shall be convicted of any The court may
" offence punishable under this act, for which imprisonment may order hard
“ be awarded, it shall be lawful for the Court to sentence the offen- labour or soli-

tary confine-
" der to be imprisoned, with or without hard labour, in the common ment.
"gaol or house of correction, and also to direct that the offender
" shall be kept in solitary confinement for the whole or any portion
" or portions of such imprisonment, as to the Court in its discretion
“ shall seem meet."

And the 1 Vict. c. 90, s. 5, enacts, that after the 1st of October, 1837, no Court shall direct any offender" to be kept in solitary confinement for any longer periods than one month at a time, or than three months in the space of one year.”

In many instances of offences relating to the counterfeiting coin, Coining tools the Legislature have made special provisions for securing the base and base money

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(h) Rex v. Isaacs, Hil. T. 1813. MS., Bayley, J.

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may to be pro- coin, and also the tools of the offenders ; in order that they may be duced in evi

produced in evidence, and afterwards be disposed of in a proper

The 2 Wm. 4, c. 34, s. 14, enacts," that if any person shall find the discovery “ or discover in any place whatever, or in the possession of any perand seizure of

son having the same without lawful excuse, any false or counter

“ feit coin resembling, or apparently intended to resemble or pass ing tools, for

“ for, any of the King's current gold, silver, or copper coin, or any securing them as evidence,

“instrument, tool, or engine whatsoever adapted and intended for and for ulti

“ the counterfeiting of any such coin, it shall be lawful for the person mately dis

so finding or discovering, and he is hereby required to seize the posing of them.

same, and to carry the same forthwith before some justice of the

peace; and where it shall be proved, on the oath of a credible wit“ness before any justice of the peace, that there is reasonable cause

, " to suspect that any person has been concerned in counterfeiting “ the King's current gold, silver, or copper coin, or has in his custody “ or possession any such counterfeit coin, or any instrument, tool

, , “ or engine whatsoever adapted and intended for the counterfeiting “ of any such coin, it shall be lawful for such justice, by warrant “ under his hand, to cause any place whatsoever belonging to or in “ the occupation or under the control of such suspected person to “ be searched, either in the day or in the night, and if any such “ counterfeit coin, or any such instrument, tool, or engine, shall be “ found in any place so searched, to cause the same to be seized and

carried forthwith before the said justice, or some other justice of “the peace; and wherever any such counterfeit coin, or any such “instrument, tool, or engine as aforesaid, shall in any case whatever “ be seized and carried before a justice of the peace, he shall cause “the same to be secured, for the purpose of being produced in evi“ dence against any person who may be prosecuted for any offence “ against this act; and all counterfeit coin, and all instruments, “ tools

, and engines adapted and intended for the counterfeiting of ! “coin, after they shall have been produced in evidence, or where " they shall have been seized, and shall not be required to be pro“ duced in evidence, shall forthwith be delivered up to the officers “ of his Majesty's mint, or to their solicitor, or to any person autho“ rised by them or him to receive the same.

Provisions of a similar kind are made by the 37 Geo. 3, c. 126, s. 7, with respect to searching for counterfeit gold or silver foreign coin, or for tools, implements, or materials for coining such coin, and securing the same, and producing them in evidence, and afterwards destroying or otherwise disposing of them. And the 43 Geo. 3, c. 139, s. 7, authorises searching for counterfeit foreign coin of copper or metal of less value than silver, and the tools or implements for coining the same. (i)

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(i) The Legislature has made other provisions for the suppression of base coin, or coin inferior in value, where there is no criminal charge imputed to the person who may happen to tender it. The 56 Geo. 3, c. 68, s. 7, enacts, that after the period to be mentioned in a proclamation, any persons are required to cut, &c., any piece or pieces of old silver coin of this realm, current at any time before the passing of that act, which shall be tendered to them in payment, and

which shall be of less value than the denomination thereof shall import, and the person tendering the same shall bear the loss: but if any such piece so cut, &c. shall appear to be of the full value which its denomination shall import, the person who shall cut, &c. is required to take the same at the rate it was coined for; and disputes about the value are to be determined by the mayor, &c., or other chief officer of any city, &c. where such tender shall be made;

SECT. II.

Impairing Coin. The 2 Wm. 4, c. 34, s. 5, enacts, “ that if any person shall impair, diminish, or lighten, any of the King's current gold or silver coin, with intent to make the coin so impaired, diminished, or lightened, pass for the King's current gold or silver coin, (j) every such offender shall in England and Ireland be guilty of felony, and in Scotland of a high crime and offence, and, being convicted thereof, shall be liable

, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned for any term not exceeding two years." (K)

With a view of more effectually preventing the clipping, dimi- Having clipnishing, or impairing the current coin of the kingdom, the statute pings, &c. in 6 & 7 Wm. 3, c. 17, ss. 7 & 8, makes provision for breaking open houses and searching for bullion: and the person in whose possession bullion is found, not proving it to be lawful silver, and that the same was not before the melting thereof coin, nor clippings, shall be committed to prison; and in case, on an indictment against such offender for melting the current silver coin of the realm, he shall not Melting coin. prove, by the oath of one witness at the least, the bullion so found to be lawful silver, and that the same was not the current coin of the realm, nor clippings thereof, he shall be found guilty and imprisoned for six months. () Provisions concerning melting down coin are

or if the tender be made out of any city, &c. ties and clerks, and the receivers general of then by some justice of the peace of the every branch of his Majesty's revenue, are county'inhabiting or being near the place hereby required to cut, break, or deface, or where the tender shall be made. And cause to be cut, broken, or defaced, every the 2 W. 4, c. 34, s. 13, enacts, “that piece of counterfeit or unlawfully diminshed where any gold or silver coin shall be ten- gold or silver coin which shall be tendered dered to any person, who shall suspect any to them in payment of any part of his pice or pieces thereof to be diminished Majesty's revenue." otherwise ihan hy reasonable wearing, or to The last section (22), provides for the be counterfeit, it shall be lawful for such venue in actions against persons acting un. person to cut, break, or deface such piece der the act, notice of action, tender of or pieces; and if any piece so cut, broken, amends, &c. or defaced shall appear to be diminished (;) See the interpretation clause, s. 21, otherwise than by reasonable wearing, or to ante, p. 56. be counterfeit, the person tendering, the (k) See ante, p. 60 & 61, ss. 18 & 19, as same shall bear the loss thereof; but if the to accessories and hard labour. same shall be of due weight, and appear to (1) So much of this act as authorizes the be lawful coin, the person cutting, breaking, wardens or assistants of the Company of or defacing the same is hereby required to Goldsmiths of London, or any two justices, receive the same at the rate it was coined to seize as unlawful bullion any molten for; and if any dispute shall arise, whether siver, which before the melting thereof was the piece so cut, bruken,' or defaced be the current coin of this realm, or as requires durinsbed in manner aforesaid, or counter- any offender, in whose possession unlawful feit it shall be heard and finally deter- bullion is found, to prove on oath that such a.ned in a summary manner by any justice bullion was not the current coin of this of the peace, who is hereby empowered to realm, is repealed by the 59 Geo. 3, c. 49, eramire upon oath as well the parties as

s. 12. And the 2 W. 4, c. 34, s. 1, repeals any other person, in order to the decision of 2, 4, & 12 of the same act. See also the such dispute; and the tellers at the receipt 1 & 2 Geo. 4, c. 26, s. 4, which repeals some of his Majesty's exchequer, and their depu. of the provisions of the 59 Geo. 3. c. 49, s. 13.

made by other statutes. By the 17 Edw. 4, c. 1, no person

shall melt down any money of gold or silver sufficient to run in payment, upon pain of forfeiture of the value: and by 13 and 14 Čar. 2, c. 31, melting down any current silver money of the realm is to be punished with forfeiture of the same, and double the value; and if done by a freeman of a town, with disfranchisement; if by any other person, with six months' imprisonment. And if money, false or clipped, be found in the hands of any that is suspicious, he may be imprisoned till he hath found his warrant per statutum de monetá. (m)

SECT. III.

Importing counterfeit coin from beyond seas; transportation for life, &c.

Of Importing into the Kingdom counterfeit or light money. The 2 Wm. 4, c. 34, s. 6, enacts, “ that if any person shall import into the United Kingdom from beyond the seas any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, (n) knowing the same to be false or counterfeit; every such offender shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years." (0)

Under the 1 & 2 Ph. & M. c. 11, (now repealed) it was held that the words “ false or counterfeit coin or money being current within this realm,” referred to gold and silver coin of foreign realms, current here by the sufferance and consent of the crown, which must be by proclamation, or by writ under the great seal

: And the money, the .

, bringing in of which was prohibited by the 25 Edw. 3, st. 5, c. 2, and 1 & 2 Ph. & M. c. 11 (now repealed) must be brought from some foreign place out of the King's dominions into some place within the same, (00) and not from Ireland or some other place subject to the crown of England, for though to some purposes they are distinct from England, yet as the counterfeiting is punishable there as much as in England, the bringing money from such places is not within those acts. (p)

It
may

be observed also, that these acts were confined to the importer, and did not extend to a receiver at second hand ; and such importer must also have been averred and proved to have known that the money was counterfeit. (9)

It seems to have been the better opinion, that it was not necessary that such false money should be actually paid away or merchandized with, for the words of the statute 25 Edw. 3, are to "merchandize or make payment, &c.,” which only import an intention to do so, and are fully satisfied whether the act intended be performed or not: (r) and

(m) 3 Inst. 18.

(n) See the interpretation clause, s. 21, ante, p. 56,

(0) See as to hard labour, s. 19, supra, p. 61, as to accessories, s. 18, supru, p. 60.

(00) | East, P. C. c. 4, s. 1,4,5,6, 21, 22.
(p) i Hawk. c. 17, s. 87.
(D i Hale, 227, 228, 317. 1 Hawk.

c. 17, s. 86, 88. 1 East, P. C. c. 4, s. 22,
p. 175. The words of the 25 Ed. 3, were,
“if any man briny ;" of the 1 & 2 P. & M.
“if any person shall bring.

(r) 1 Hawk. c. 17, s. 89. But Lord Coke and Lord Hale, seem to have thought differently. 3 Inst. 18. i Hale, 229. But see | East, P. C. c. 4, s. 22, p. 175, 176, where

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