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transportation matrix, stamp, die, pattern, mould, edger, edging tool, collar, instrufor life, &c.

ment, press, or engine used or employed in or about the coining of coin, or any useful part of any of the several matters aforesaid, or any coin, bullion, metal or mixture of metals, 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.” (k) Making or

By sec. 12, " if any person shall knowingly, and without lawful having in pos, authority (the proof of which authority shall lie on the party accused) coining tools. make or mend, or begin or proceed to make or mend, or buy or

sell

, or shall knowingly, and without lawful excuse (the proof of which excuse shall lie on the party accused), have in his custody or possession any instrument, tool, or engine adapted and intended for the counterfeiting any of the King's current copper coin, every

such offender shall

, in England and Ireland, be guilty of felony, and in Scotland of a high crime and misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding seven years, or

to be imprisoned for any term not exceeding two years.” (k) Meaning of And by sec. 21, “where the having any matter in the custody terms custody and possession. or possession of any person is in this Act expressed to be an of

fence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwelling house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit, or for that of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this act.”

Several points arose as to the tools or instruments which were for coinage, or

within the words of the 8 & 9 W. 3. Where the prisoner was ina mould, was dicted for having in his custody a press for coinage without any W. 3, c. 26.

lawful authority, a question was raised whether a press for coinage was one of the tools or instruments within that clause of the act on which the indictment was founded : and a majority of the judges held that it was. (m) In another case, the prisoner was indicted for having in his custody and possession, without any lawful or sufficient excuse, one mould made of lead, on which was made and impressed the figure, stamp, resemblance, and similitude of one of the sides or flats of a shilling, viz., the head side of a shilling: and the prisoner being convicted, it was submitted to the judges whether the mould found in the prisoner's custody was comprised under the general words other tool or instrument before mentioned," so as to make the unlawful custody of it high treason; and also whether, if it were so comprised, it should not have been laid in the indictment to be a tool or instrument in the words of the act. And the judges were unanimously of opinion that this mould was a tool or instrument mentioned in the former part of the statute, and therefore comprised under these general words; and that as a mould is expressly mentioned by name in the first clause of the act which respects the (k) See s. 19, ante, p. 61, as to hard labour.

(m) Bell's case,

Fost. 430.

Having possession of a press

within 8 & 9

making or mending it, need not be averred to be a tool or instrument so mentioned. (n)

The prisoner was indicted for having in his custody and posses- What was consion a puncheon made of iron and steel, in and upon which was sidered a punmade and impressed the figure, resemblance, and similitude of the in the meaning head side of a shilling, without any lawful authority, &c. It was of the repealed fully proved that several puncheons were found in the prisoner's statutes. lodgings, together with a quantity of counterfeit money, and that he had them knowingly for the purposes of coining. These

puncheons were complete and hardened ready for use: but it was impossible to say that the shillings which were found were actually made with these puncheons, the impressions being too faint to be exactly compared; but they had the appearance of having been made with them. The manner of making these puncheons was as follows: a true shilling was cut away to the outline of the head; that outline was fixed on a piece of steel, which was filed or cut close to the outline, and this made the puncheon; the puncheon made the die, which is the counter-puncheon ; a puncheon is complete without letters, but it may be made with letters upon it; though from the difficulty and inconvenience it is never so made at the Mint; but after the die is struck the letters are engraved on it; a puncheon alone, without the counter-puncheon, will not make the figure; but to make an old shilling or a base shilling current, nothing more is necessary than the instrument now produced. They may be used for other purposes, such as making seals, buttons, medals, or other things, where such impressions are wanted.

Eleven of the judges (absente Lord C. J. De Grey) were unanimously of opinion that this was a puncheon within the meaning of the act; for the word “puncheon” is expressly mentioned in the statutes, and will, by the means of the counter-puncheon or matrix, “ make or impress the figure, stamp, resemblance, or similitude of the current coin ;” and these words do not mean an exact figure, but if the instrument impress a resemblance in fact, such as will impose on the world, it is sufficient, whether the letters are apparent on the puncheon or not; otherwise the act would be quite evaded, for the letters would be omitted on purpose. The puncheon in question was one to impress the head of King William; and the shillings of his reign, though the letters are worn out, are current coin of the kingdom. The puncheon made an impression like them, and the coin stamped with it would resemble them on the head side, though

(r) Lennard's case, 1 Leach, 90. 1 East, statute seeming to distinguish between P. C. c. 4, s. 17, p. 170. Another point such as will make and impress the similitude, was afterwards raised in this case upon the &c., as the matrix, die, and mould ; and such form of the indictment. The doubt was, on which the same is made and impressed, as whether the mould which was found in the a puncheon, or counter-puncheon, or pattern. prisoner's custody, it having only the resem- But a great majority of the judges were of blance of a shilling inverted, viz. the convex opinion that this evidence sufficiently mainparts of the shilling being concave in the tained the indictment; because the stamp of mould, and vice versd, the head or profile the current coin was certainly impressed on being turned the contrary way of the coin, the mould in order to form the cavities thereof. and all the letters of the inscription re- They agreed, however, that the indictment versed, was not properly an instrument would have been more accurate had it which would make and impress the resem- charged that “ he had in his custody a blance, stamp, &c., rather than an instru- mould that would make and impress the ment on which the same were made and similitude, &c.," and in this opinion some, impressed, as laid in this indictment, the who otherwise doubted, acquiesced.

ments.

26. Sed qu.

there were no letters. This was compared to the case mentioned by Sir Matthew Hale, (o) that the omission or addition of words in the inscription of the true seals, for the purpose of evading the

law, would not alter the case. (p) The 8 & 9 W.

It has been held that the part of the 8 & 9 Wm. 3, c. 26, which 3, extended to relates to instruments to mark the edges of coins, was not confined vented instru- to such instruments as were in use when the act passed; but ex

tended to newly-invented instruments, which would produce the same effect; and also that it was not confined to such instruments as, used by the hand, unconnected with any other power, would produce the effect. A collar, therefore, marking the edge of coin, by having the coin forced through it by machinery, is an instrument within the 8 & 9 Wm. 3, c. 26, though this mode of marking the edges is of modern invention, and though the collar cannot be used

by itself, but must be used in conjunction with other machinery. (9) Having a tool

It was decided that having a tool or instrument (of such sort as or instrument in possession

is included in the 8 & 9 W. 3, c. 26) in possession for the purpose of for the purpose coining foreign gold coin not current here, was not within that statute. of coining fo

A majority of the judges considered that this act was only intended reign gold coin, was not within to prevent the counterfeiting the current coin of this kingdom, and 8 & 9 W. 3. c. not foreign coin. But Lord C. J. Ryder and Mr. J. Foster dis

sented, considering that the act, though principally levelled against counterfeiters of the current coin of the kingdom,

was not confined solely to that object. That the intention of the Legislature was to keep out of private hands, as far as possible, all means of counterfeiting the coin ; and therefore make it high treason to be knowingly possessed of such instruments, in fact, without lawful authority or sufficient excuse. That it was, therefore, incumbent on the defendant to shew such lawful authority or sufficient excuse. But that, supposing his mere intention to be an ingredient in the case, the intention found of using the tool or instrument in question for the purpose stated, did not amount to a sufficient excuse; and upon the fullest consideration afterwards, Mr. Justice Foster was of opinion that the case did fall within the act; in which opinion it

appears that Lord Hardwicke fully concurred. (99) Proof of a die On an indictment for having in possession a die made of iron and made either of steel, proof of a die made of either material will be sufficient: and it iron or steel.

seems that if the indictment should state that the die was made of iron, steel, and other materials, proof that it was made of any material would be sufficient; and that it would not be necessary even to prove the exact material. In a case where the indictment was for having in possession a die made of iron and steel, a witness who saw the die said it was made of iron; another of the witnesses who had not seen it, said that dies were usually made of steel, and that iron dies would not stand : and upon the point being saved whether this evidence would support the indictment, the Judges held that it would, for it was immaterial to the offence of what the die was

(0) 1 Hale, 184. 2 Hale, 212, 215. Robinson's case, 2 Roll. Rep. 50. 1 East, P. C. c. 2, s. 25, p. 86.

(p) Ridgelay's case, 1 Leach, 189. 1 East, P. C. c. 4, s. 18, p. 171,

(9) Rex o. Moore, R. & M. C, C. R. 122 ; S. C. 2 C. & P. 235.

(99) Bell's case, 1 East, P. C. c. 4, s 17, p. 169, 170. Fost. 430, and Preface to the 3d edition of Fost. p. 8.

made, and proof of a die either of iron or steel, or both, would satisfy this charge. (r)

It was agreed by all the judges, that in proceedings upon the It is not neces8 & 9 Wm. 3, c. 26, it was not necessary to prove

that
money was

sary to prove actually made with the instrument in question. (8)

money made

with the instru. The having tools for coining in possession, with intent to use them, ment. has been held to be a misdemeanor at common law. An indictment, Having tools

for coining in which was framed as for a misdemeanor at common law, charged that

possession, the defendant, without any lawful authority, had in his custody and with intent to possession two iron stamps, each of which would make and impress use them, is a the figure, resemblance, and similitude of one of the sceptres im- common law. pressed upon the current gold coin of this kingdom, called half-guineas, with intent to make the impression of sceptres on divers pieces of silver coin of this realm, called sixpences, and to colour such pieces of the colour of gold, and fraudulently to utter them to His Majesty's subjects as lawful half-guineas, against the peace, &c. Lord Hardwicke, at the assizes, doubted whether the bare possession was unlawful, unless made use of, or unless made criminal by statute: but upon the indictment being removed into the Court of King's Bench bý certiorari, (t) Page, Probyn, and Lee, justices, held, that the bare having such instruments in possession, with the intent charged, was a misdemeanor. (u)

It seems that the degree of similitude to the real coin which the The tool or tools or instruments must be capable of impressing in order to bring instrument the case within the statute must be governed by considerations simi- need not bear lar to those which have been stated with respect to the counterfeit blance to the coin itself. (v) Whether the instrument in question be calculated to coin. impress the figure, stamp, resemblance, or similitude of the coin current is a question for the jury: and it is clear, that the offence is not confined to an exact imitation of the original and proper effigies of the coin. (w)

Upon an indictment which alleges that a prisoner feloniously had If an indictin his possession a mould having the resemblance of the obverse side

ment charge of a shilling impressed upon it, it must be proved that the entire im- soner had pospression was upon the mould. The prisoner was charged in one session of a count with having in his possession a mould, “ upon which was im- mould having pressed the figure and apparent resemblance of one of the sides (that blance of is to say) the obverse side of the King's current coin called a shilling,” shilling on it, and in another count the word “reverse

it must be was substituted for “ob

proved that the verse," the moulds when produced appeared not to have a complete mould had the impression of the obverse and reverse sides of a shilling, but only the entire impresoutside rim, and a slight portion of the other parts of the impression. ling on it. It was held, that if the jury believed that no more than part of the impression was impressed upon the moulds while the prisoner was in possession of them, that he ought to be acquitted. (x) But where an indictment charges that the prisoner made a But if an inmould, which was intended to impress the resemblance of the ob- dictment verse side of a shilling, it is sufficient to prove that the prisoner made charge that doe

that the pri

prisoner made

(-) Rex o. Oxford, East, T. 1819. MS. Bayley, J., and Russ. & Ry. 382. S. P. Rex v. Phillips, Russ. & Ry. 369.

(8) Ridgelay's case, 1 East, P. C. c. 4, s. 18, p. 172.

(1) The defendant was brought up by habeas corpus, and committed to Newgate.

(u) Rex v. Sutton, Rep. temp. Hardw.
370.' But see the remarks on this case,
ante, p. 48.

(v) Ante, p. 58.
(w) 1 East, P. C. c. 4, s. 18, p. 171.

(1) Rex v. Foster, 7 C. & P. 494, Pat.
teson, J.

semblance of a

74 Of making, &c. and having in possession Coining Instruments. a mould in- a mould, which would make a part of the impression. One count tended to im- charged the prisoner with making a mould, “which said mould was press the re

intended to make and impress the figure and apparent resemblance” of shilling, it is the obverse side, and another the reverse side, of a shilling, the evi

dence being the same as in the former case; it was held that the term prove that he made a mould

“intended” did not mean in a state to make an entire impression, and which will therefore if the prisoner had only begun to make, the intention to make part of make the whole might be inferred, though only part was actually the impression. made, and consequently that the evidence was sufficient. (y)

(y) Rex o. Foster, 7 C. & P. 495, Patteson, J.

sufficient to

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