the owners; "of any molten silver or bullion shall happen to be made in pur- proof to lie on "suance and execution of this act, or that any action, bill, plaint, "or information, shall be brought for any of the forfeitures or "penalties incurred by this act, and a doubt or question shall "arise thereon, whether the molten silver or bullion then in "question were really and truly foreign bullion, or prohibited to "be exported, or otherwise forfeited by this act; in every such and ou failure "case the proof shall lie on the part of the owner, proprietor, or to be forfeited. "claimer of such molten silver or bullion; and unless the owner, 66 proprietor, or claimer, or the party sued, shall prove that the "molten silver or bullion in question was, at the time of the "seizure or forfeiture thereof, foreign bullion, and that no part "thereof was (before the same was molten) the coin of this "realm, nor clippings thereof, nor plate wrought within this "kingdom; in every such case, for want of such proof, the "molten silver and bullion in question shall be adjudged, deemed, "construed, and taken to be molten silver and bullion forfeited "by this act, and liable to the penalties before mentioned." 66 cence from the By st. 43 Geo. 3. c. 49. entitled an act to amend so much of the Silver and Bulacts of the 6, 7, & 8th of Will. 3. as relates to the exportation of lion may be exsilver bullion, enacts," that it shall be lawful for the lord high ported by li treasurer, or any three or more of the commissioners of the treasury. "treasury, to authorize any person to export from Great Britain "any molten silver or bullion by licence, under his or their respec"tive hands, &c. without any oath, certificate, or other document "whatsoever, now requisite for the lawful shipping or exportation of any such molten silver or bullion." Sale of Bullion. Sect. 12. By 6 & 7 Will. 3. c. 17. s. 7. " If any broker or bro"kers, not being a trading goldsmith or refiner of silver, shall buy sell any bullion or molten silver, every such person shall "suffer, for every such offence, imprisonment for six months, "without bail or mainprize." 66 ог 66 66 Possession of Bullion not accounted for. No BROKER Not being a gold smith or refiner shall buy or sell bullion. of the wardens of the Gold- of the court of Sect. 13. By 6 & 7 Will. 3. c. 17. s. 8. "It shall and may be For the disco"lawful to and for one or more of the wardens of the said very of offendcompany of goldsmiths, with any two or more of the court of ers, one or more "assistants of the said company, within the compass of the "weekly bills of mortality, and to and for any two justices of the peace within any county, city, or town corporate out of the compass of the weekly bills of mortality, to enter into the house, room, or workshop of any person who shall be suspected to be "guilty of buying or selling unlawful bullion, and to search for "the same; and in case the occupier or occupiers of such house, room, or workshop, shall refuse to permit the said warden and "assistants, or justices, to make such search as aforesaid, it shall "and may be lawful to such warden and assistants, and justices, "with the assistance of a constable, to break open any door, box, "trunk, chest, cupboard, or cabinet, in order to search for and "discover such bullion as is aforesaid; and in case the person so searching 66 66 bullion unlawfully concealed. Persons in 66 66 whose posses- To blanch copper for sale, or to buy or sell any heavier than silver and wearing like searching shall at any time find any such unlawful bullion, the persons so finding the same are hereby required to seize as well "such bullion as the person or persons in whose possession the "same shall be found; and the said wardens, assistants, and con" stables, shall bring him and her before the next justice of the "peace; which justice within the weekly bills of mortality, and "the said two justices without the said bills of mortality, shall and "may examine the person so brought before him, or found by "them respectively, upon oath, whether the bullion so found be "lawful silver, and whether the same was not (before the melting thereof) the current coin of this realm, or clippings thereof; " and in case the said person so examined shall not prove by his or her oath, or by the oath of one credible witness, before the said justice and justices respectively, that the bullion so found is lawful silver, and that the same was not, before the melting "thereof, the current coin of this realm, nor clippings thereof, "then and in such case the said justice or justices respectively "shall commit the person so examined to prison, and shall secure "the bullion so found, and shall likewise oblige the persons that can give any evidence concerning the same, to enter into a re"cognizance to prosecute the said offender and offenders; and "in case such offender and offenders in whose possession such "unlawful bullion shall be found, shall not, upon his, her, or their "trials on an indictment for melting the current silver coin of "this realm, prove, by the oath of one credible witness at the "least, the bullion so found to be lawful silver, and that the same “ was not the current coin of this realm, nor clippings thereof, "then, and for want of such proof, such offender shall be found "guilty of the offence contained in such indictment, and shall "suffer imprisonment for the space of six months, without bail 66 or mainprize." Counterfeiting Bullion. Sect. 14. By 8 & 9 Will. 3. c. 26. s. 6. made perpetual by 7 Anne, c. 25. s. 3. "Whoever shall blanch copper for sale, or "mix blanched copper with silver, or knowingly buy or sell, or "offer to sale blanched copper alone or mixed with silver, and "shall knowingly or fraudulently buy or sell, or offer to sale, any standard gold, is "malleable composition or mixture of metals or minerals which "shall be heavier than silver, and look, and touch, and wear like "standard gold, but be manifestly worse than standard, shall be guilty of FELONY." felony. 4 Comm. 98. 1 Hale, 214. 1 Hale, 644. Dyer, 88. Sect. 15. The endeavours of some persons in making use of extraordinary methods for the producing of gold and silver, were found by experience to be so prejudicial to the public, both from the lavish waste of many valuable materials, and also from the ruin of many families, which had been occasioned by such useless expences, that it was thought necessary to put a check to such practices by some severe law, and for that purpose it was made felony by 5 Hen. 4. c. 4. " to multiply gold or silver, or to use "the art or craft of multiplication." And it was holden, that the practising to find out THE PHILOSOPHER'S STONE, by which it is imagined imagined that all metals may be made gold, was felony within this statute: but this restraint having been found to have no other effect upon the unaccountable vanity of those who fancied such attempts to be practicable, but only to send them beyond sea to try their experiments with impunity in other countries, the statute of 5 Hen. 4. was at last wholly repealed by 1 Will. & Mary. II. Offences against the Coin. C. c. 26. 278. Sect. 16. The coin of Great Britain must be made of sterling (a) 15 Edw. 3. or standard metal (a), which, for THE GOLD COIN, at present consists of two carats of copper melted with twenty-two carats of Cowp. 279. (b) Ward's Mafine gold (b); and for THE SILVER COIN, of eighteen pennyweights thematics, 118. of copper melted with eleven ounces and two pennyweights of (c) 12 Geo. 2. fine silver (c). It is said, that the king's prerogative does not ex- (d) 2 Inst. 577. tend to the alteration of the standard (d); that it is neither safe (e) 1 Hale, 197. nor honourable to debase the coin below sterling (e); and that in 1 Bl. Com. legitimating even foreign coin, the value of it should be fixed 201 (g) 13 & 14 Car. comparatively with our own standard (ƒ); and indeed the legisla- 2. c. 31. ture has ever appeared anxious to preserve the coin of the realm Will. 3. c. 8. pure and unadulterated (g).—By a statute 17 Edw. 3. s. 15. which was never printed, the importation of bad money was made Geo. 3. c. 37. felony (h).—By 2 Hen. 6. c. 9. the making of payments in blanks 14 Geo. 3. c. 42. which were made of base alloy, was felony.-By 3 Hen. 5. c. 1. 18 Geo. 3. c. 45. the coining or bringing in galley-halfpence, seskins, or doydekins, (h) 2 Inst. 92. was felony.-And now, by the 25 Edw. 3. c. 2. and 1 & 2 Philip 8 6 Geo. 1. c. 11. 12 Geo. 2. c. 26. 9 16 Geo.3, c. 46. & Mary, c. 11. it is, as I have shewn in the preceding chapter (i), (i) Ante, p. 26. high treason to bring false money into the realm. ing, and impri Sect. 17. By 6 & 7 Will. 3. c. 17. s. 4. for the better pre- To buy or sell venting the clipping, diminishing, or impairing the current coin clippings or filings of the of this kingdom, IT IS ENACTED, "That if any person whatsoever current coin, in"shall buy or sell, and knowingly have in his custody or posses- curs a penalty "sion, any clippings or filings of the current coin of this king- of 500, brand“dom, he shall, for every such offence, forfeit the said clippings sonment till "or filings, and also the sum of FIVE HUNDRED POUNDS; one paid. moiety to his majesty, and the other to the informer, to be re"covered, with costs of suit, by action of debt, bill, plaint, or "information; and the offender shall be also branded in the right "cheek with a hot iron with the letter R; and, until payment of "the said five hundred pounds, shall suffer imprisonment." 66 66 of ten pounds Sect. 18. By 6 & 7 Will. 3. c. 17. s. 2. "If any person or To sell, buy, repersons whatsoever shall, at any one time or payment, ex- ceive, or pay any silver mo. change, lend, sell, borrow, or buy, receive or pay, any broad ney for less than silver money, or silver money unclipped, of the coin of this coined for, inkingdom, for more in tale, benefit, profit, or advantage, than curs a penalty "the same was coined for, and ought by law to go for, be lent, for every twenty "sold for, borrowed or bought, received or paid, shall forfeit the shillings. "sum of ten pounds for every twenty shillings that shall be so "exchanged, lent, sold for, borrowed, or bought, received or “paid, and so in proportion for any greater or lesser sum; one "moiety thereof to his majesty, and the other moiety to the per"son who shall sue or inform for the same, to be recovered (with "costs To take, receive, any milled money at a lower rate than 66 "costs of suit) by action of debt, bill, plaint, or information, wherein no privilege, protection, or wager of law shall be al'lowed, nor any more than one imparlance.' 66 Sect. 19. By 8 & 9 Will. 3. c. 26. s. 6. "If any person or pay, or put off" persons shall take, receive, pay, or put off any counterfeit milled "money, or any milled money whatsoever, unlawfully diminished " and not cut in pieces, at or for a lower rate or value than the its denomination "same by its denomination doth or shall import, or was coined imports, is fe66 or counterfeited for, all and every such person and persons lony. See 6 & 7 Will. " shall be adjudged guilty of felony.-But no attainder shall "make any corruption of blood to any heir, or any loss of "dower to the wife of such offender; and no prosecution shall "be, unless commenced within three months after such offence "committed." 3. c. 17. s. 2. To buy, sell, pay, receive, or put off copper money for less Sect. 20. By 11 Geo. 3. c. 40. "If any person or persons "shall buy, sell, take, receive, pay, or put off any counterfeit copper money, not melted down or cut in pieces, at or for a than their deno-"lower rate or value than the same by its denomination doth or minated value, "shall import or was counterfeited for, every such person and persons shall be adjudged guilty of felony." is felony. Sect. 21. It is said, upon the construction of these statutes, that if the act of putting off the counterfeited coin be not finally completed, it does not amount to the crime described in the statute; and therefore, although one party has agreed to sell, and the other has agreed to buy, yet if the parties be apprehended, and the monies seized while it is counting out, the offence is not completed; for the money is not put off until it come into the actual custody and possession of the intended buyer. Sect. 22. By 15 Geo. 2. c. 28. s. 2. "Whereas the uttering of false money, knowing it to be false, is a crime frequently "committed all over the kingdom, and the offenders therein are "not deterred, by reason that it is only a misdemeanor, and the "punishment very often but small, though there be great reason "to believe that the common utterers of such false money are "either themselves the coiners, or in confederacy with the coiners thereof: for preventing whereof, be it hereby further "enacted, if any person whatsoever shall, after the said 29th day "of September, utter or tender in payment any false or counter"feit money, knowing the same to be false or counterfeit, to any person or persons, and shall be thereof convicted, such person "so offending shall suffer six months imprisonment, and find "sureties for his or her good behaviour for six months more, to "be computed from the end of the said first six months; and if "the same person shall afterwards be convicted a second time "of the like offence of uttering or tendering in payment any false or counterfeit money, knowing the same to be so, such person "shall for such second offence suffer two years imprisonment, -" and find sureties for his or her good behaviour for two years more, to be computed from the end of the said first two years; 66 and "and if the same person shall afterwards offend a third time in "uttering or tendering in payment any false or counterfeit money, "knowing the same to be so, and shall be convicted of such "third offence, he or she shall be and is hereby adjudged to be "guilty of felony without benefit of clergy."-But the blood of the heirs of the offender shall not thereby be corrupted, nor shall his wife thereby lose her dower, and there shall be no prosecution for this offence, unless commenced within six months after the offence committed. 66 the first offence custody, is for year's imprisonment, for the a second death. Sect. 23. By 15 Geo, 2. c. 28. s. 3. "If any person whatso- Uttering false "ever shall utter or tender in payment any false or counterfeit money twice within ten days, money, knowing the same to be false or counterfeit, to any or having other person or persons, and shall either the same day, or within the false money in space of ten days then next, utter or tender in payment any more or other false or counterfeit money, knowing the same to "be false or counterfeit, to the same person or persons, or to any "other person or persons, or shall at the time of such uttering or "tendering have about him or her, in his or her custody, one or ❝ more piece or pieces of counterfeit money, besides what was so "uttered or tendered, then such person so uttering or tendering "the same, shall be deemed and taken to be a common utterer "of false money, and being thereof convicted shall suffer a year's “imprisonment, and shall find sureties for his or her good beha"viour for two years more, to be computed from the end of the " said year; and if any person having been once so convicted as "a common utterer of false money, shall afterwards again utter or tender in payment any false or counterfeit money to any person or persons, knowing the same to be false or counterfeit, "then such person being thereof convicted, shall for such second "offence be and is hereby adjudged to be guilty of felony without "benefit of clergy."-But the blood of the heirs of such offender shall not be corrupted, nor shall his wife lose her dower; and no prosecution shall be by this act, unless commenced within six months after the offence committed. 66 66 " Sect. 24. By 15 Geo. 2. c. 28. s. 9. "If any person shall be Second offence "convicted of uttering or tendering any false or counterfeit in another county. Short transmoney as aforesaid, and shall afterwards be guilty of the like cript of former "offence in any other county or city, the clerk of the assize, or conviction evi"the clerk of the peace for the county or city where such convic- dence. ❝tion was so had, shall at the request of the prosecutor, or any "other on his majesty's behalf, certify the same by a transcript " in a few words, containing the effect and tenor of such convic"tion; for which certificate two shillings and sixpence, and no more, shall be paid and such certificate being produced in "court, shall be sufficient proof of such former conviction." сор Sect. 25. By 15 Geo. 2. c. 28. s. 6. "Whereas the coining or Coiners of "counterfeiting of any of the copper money of this kingdom is per money to be “only a misdemeanor, and the punishment often very small, it is imprisoned two enacted, if any person whatsoever shall make, coin, or counter"feit any brass or copper money commonly called a halfpenny years; |