model half-sovereign," the court ruled that it was for the jury to say whether it resembled or was intended to resemble current coin, and to pass as such, or was merely meant as a card-marker, counter, or medal.

Any credible witness may prove the coin to be counterfeit, and it is not necessary for this purpose to produce any moneyer or other officer from the Mint. 24 & 25 Vict. c. 99 s. 29 (ante, p. 960).

If it become a question whether the coin which the counterfeit money was intended to imitate be the King's coin, it is not necessary to produce the proclamation to prove its legitimation; it is a mere question of fact to be left to the jury upon evidence of usage, reputation, etc. 1 Hale, 196, 212, 213. As to the proclamations and their proof, see ante, pp. 348, 351, 960.

It is not necessary to prove that the counterfeit coin was uttered or attempted to be uttered. 1 Hale, 215, 229; 3 Co. Inst. 16; 1 East, P. C. 165.

COLOURING, ETC., COIN OF THE REALM.

Statute.

24 & 25 Vict. c. 99 (Coinage Offences Act, 1861), s. 3.]-Whosoever shall gild or silver, or shall with any wash or materials capable of producing the colour or appearance of gold or of silver, or by any means whatsoever wash, case over, or colour any coin whatsoever resembling or apparently intended to resemble or pass for any of the [King's] current gold or silver coin; or shall gild or silver, or shall, with any wash or materials capable of producing the colour or appearance of gold or of silver, or by any means whatsoever wash, case over, or colour any piece of silver or copper, or of coarse gold or coarse silver, or of any metal or mixture of metals respectively, being of a fit size and figure to be coined, and with intent that the same shall be coined into false and counterfeit coin resembling or apparently intended to resemble or pass for any of the [King's] current gold or silver coin; or shall gild, or shall, with any wash or materials capable of producing the colour or appearance of gold, or by any means whatsoever wash, case over, or colour any of the [King's] current silver coin, or file or in any manner alter such coin, with intent to make the same resemble or pass for any of the [King's] current gold coin; or shall gild or silver, or shall, with any wash or materials capable of producing the colour or appearance of gold or silver, or by any means whatsoever wash, case over, or colour any of the [King's] current copper coin, or file or in any manner alter such coin, with intent to make the same resemble or pass for any of the [King's] current gold or silver coin, 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... to be kept in penal servitude for life.

This section re-enacts 2 & 3 W. 4, c. 34, s. 4, with the additions italicized. The introduction of the words "capable of producing" and "by any means whatsoever" appear to remove the doubts expressed on 8 & 9 W. 3, c. 26, s. 4 (rep.), and 12 G. 2, c. 28 (rep.), as to whether the word "colouring confined to superficial application. See R. v. Lavey, 1 Leach, 153; 1 East, P. C. 166.]

was

Indictment for colouring the King's Coin. (24 & 25 Vict. c. 99, s. 3.)

Commencement as ante, p. 963]-feloniously did gild (“gild or silver") [or wash ("by any means whatsoever wash, case over, or colour") with a certain wash (" any wash or materials") capable of producing the colour and appearance of gold ("gold or silver")] a certain false and counterfeit coin resembling ("resembling or apparently intended to resemble or pass for ") a certain piece of the King's current gold coin ("any of the King's current gold or silver coin") called a sovereign; against the form [as ante, p. 465]. As to the venue, see ante, pp. 43, 47, 960. In earlier editions of this work the words "falsely and deceitfully" appear in precedents for indictments for coinage offences; they have been omitted from the_present edition in all cases where they are not in the statute creating the offence, as being clearly unnecessary. See 3 Chit. Cr. L. 1042.

Felony: penal servitude for life or for not less than three years, or imprisonment, with or without hard labour, not exceeding two years. 24 & 25 Vict. c. 99, s. 3; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2 (ante, p. 235). As to requiring the offender to enter into recognizances and find sureties for keeping the peace, 24 & 25 Vict. c. 99, s. 38 (ante, p. 962).

This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126).

Evidence.

Prove the gilding, etc., or colouring, as stated in the indictment. In R. v. Case, 1 Leach, 154, n; 1 East, P. C. 165, the defendant was apprehended in the act of making counterfeit shillings, by steeping round blanks, composed of brass and silver, in aqua fortis, none of which were finished, but exhibited the appearance of lead, though by rubbing they readily acquired the appearance of silver, and would pass current; a conviction under 12 G. 2, c. 28 (rep.), was held to be right. Under 2 & 3 W. 4, c. 34 (rep.), it was held that where a wash or material is alleged to have been used by the defendant, it must be shown either from the application by the defendant, or from an examination of their properties, that they are capable of producing the colour of gold or silver. But an indictment, charging the use of such material, will be supported by proof of a colouring with gold itself. R. v. Turner, 2 Mood. C. C. 32.

Indictment for colouring Metal, etc. (24 & 25 Vict. c. 99, s. 3, ante, p. 965.)

Commencement as ante, p. 963]-feloniously did gild ("gild or silver") [or wash ("by any means whatsoever wash, case over, or colour") with a certain wash ("any wash or materials ") capable of producing the colour and appearance of gold ("gold or silver")] ten pieces of silver (“any piece of silver or copper, or of coarse gold, or coarse silver, or of any metal or mixture of metals"), each piece thereof being respectively of a fit size and figure to be coined, and with intent that each of the said pieces of silver respectively should be coined into false and counterfeit coin resembling (“resembling or apparently intended to resemble or pass for ") a piece of the King's current gold coin, called a sovereign; against the form [as ante, p. 465].

2 & 3 W. 4, c. 34, s. 4 (rep.), applied also to the gilding or colouring of any silver coin, with intent to make the same resemble or pass for gold coin, and to gilding or colouring any copper coin, with intent to make the same resemble or pass for gold or silver coin. An indictment under 2 & 3 W. 4, c. 34 (rep.),

charging the gilding of sixpences "with materials capable of producing the colour of gold" was held good, and to be supported by proof of colouring sixpences with gold. R. v. Turner, 2 Mood. C. C. 42.

Felony: 24 & 25 Vict. c. 99, s. 3. See the last precedent.

This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126).

Evidence.

Prove the colouring, etc., as in the last case, and the intent as stated in the indictment. For this purpose it may be proved that the defendant had the instruments for coining, or that other counterfeit money was found in his possession, or other circumstances may be given in evidence from which the jury may infer the intent. (See ante, pp. 303, 308-312, 340.)

Indictment for filing or altering the King's Coin. (24 & 25 Vict. c. 99, s. 3, ante, p. 965.)

Commencement as ante, p. 963]-ten pieces of the King's current silver coin, called sixpences, feloniously did file ("file, or in any manner alter "), with intent to make each of the said pieces respectively resemble (“ resemble or pass for ") a piece of the King's current gold coin called a half-sovereign; against the form [as ante, p. 465].

The

Felony: 24 & 25 Vict. c. 99, s. 3. See the last precedent but one. statute also applies to the filing or altering any of the King's copper money, with intent to make the same resemble or pass for any of the King's current gold or silver coin.

This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126).

Evidence.

Prove the filing and altering as stated in the indictment, and the intent by circumstances from which it may be inferred by the jury. (See ante, pp. 303, 308-312, 340.

IMPAIRING, ETC., BRITISH GOLD AND SILVER COIN.

Statute.

24 & 25 Vict. c. 99 (Coinage Offences Act, 1861), s. 4.]-Whosoever shall impair, diminish, or lighten any of the [King's] current gold or silver coin, with intent that the coin so impaired, diminished, or lightened, may pass for the [King's] current gold or silver coin, 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. . to be kept in penal servitude for any term not exceeding fourteen years. [This section re-enacts 2 & 3 W. 4, c. 34, s. 5, with the alterations italicized.]

Sect. 5.-Unlawful possession of filings and clippings of gold or silver coin.]-Whosoever shall unlawfully have in his custody or possession any filings or clippings, or any gold or silver bullion, or any gold or silver in dust, solution, or otherwise, which shall have been produced or obtained

by impairing, diminishing, or lightening any of the [King's] current gold or silver coin, knowing the same to have been so produced or obtained, 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. to be kept in penal servitude for any term not exceeding seven years. [This section was new law in 1861.]

Indictment. (24 & 25 Vict. c. 99, s. 4.)

Commencement as ante, p. 963]-ten pieces of the King's current gold ("gold or silver") coin, called sovereigns, feloniously did impair (“ impair, diminish, or lighten ") with intent that each of the said pieces so impaired [diminished and lightened] might pass for a piece of the King's current gold ("gold or silver ") coin called a sovereign; against the form [as ante, p. 465]. As to the venue, see ante, pp. 43, 47, 960.

Felony penal servitude for not more than fourteen and not less than three years, or imprisonment, with or without hard labour, not exceeding two years. 24 & 25 Vict. c. 99, s. 4; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2 (ante, p. 235). As to requiring the offender to enter into recognizances and find sureties for keeping the peace, 24 & 25 Vict. c. 99, s. 38 (ante, p. 962).

Evidence.

Prove the impairing, etc., by direct or presumptive evidence, as that the defendant was in possession of filings of impaired coin, or of the instruments for filing. Prove, also, the intent, by evidence from which it may be inferred by the jury; as, for instance, that the defendant attempted to pass the coin, or had passed other coin so impaired, or that he carried it about with him mixed with other money, particularly if it was not so impaired as apparently to affect its currency.

DEFACING BRITISH COIN.

Statute.

24 & 25 Vict. c. 99 (Coinage Offences Act, 1861), s. 16.]-Whosoever shall deface any of the [King's] current gold, silver, or copper coin, by stamping thereon any names or words, whether such coin shall or shall not be thereby diminished or lightened, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and an offence, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding one year, with or without hard labour. [This section re-enacts 16 & 17 Vict. c. 102, s. 1, with certain omissions.]

Sect. 17-Defaced coin not legal tender-Prosecution.]—No tender of payment in money made in any gold, silver, or copper coin so defaced by stamping, as in the last preceding section mentioned, shall be allowed to be a legal tender; and whosoever shall tender, utter, or put off any coin so defaced, shall, on conviction thereof, before two justices, be liable to forfeit and pay any sum not exceeding forty shillings: provided that it shall not be lawful for any person to proceed for any such last-mentioned penalty,

without the consent, in England or Ireland, of [his] Majesty's attorneygeneral for England or Ireland respectively, or in Scotland of the lord advocate. [This section re-enacts 16 & 17 Vict. c. 102, s. 2.]

Indictment for defacing British Coin. (24 & 25 Vict. c. 99, s. 16.)

Commencement as ante, p. 963]-one piece of the King's current silver ("gold, silver, or copper") coin, called a half-crown, unlawfully [and wilfully] did deface, by then stamping thereon certain names and words ("any names or words "); against the form [as ante, p. 465]. The precedent given in editions of this work prior to the 22nd, contained the words "and wilfully," sed quære, as the words are not in the statute.

Misdemeanor: imprisonment, with or without hard labour, not exceeding one year. 24 & 25 Vict. c. 99, s. 16. As to fining the offender and requiring him to enter into recognizances and find sureties for keeping the peace and being of good behaviour, Id. s. 38 (ante, p. 962).

Evidence.

Prove that the defendant defaced the coin in question, by stamping on it any names or words, or both. Although the word "wilfully" is not in the present statute, it is submitted that the defacing to be punishable must be not merely accidental. It is not necessary to prove that the coin was thereby diminished or lightened. The defaced coin is no longer a legal tender, and any person uttering it is liable to a penalty not exceeding forty shillings, which, however, cannot be proceeded for without the consent of the attorney-general or lord advocate. 24 & 25 Vict. c. 99, s. 17 (ante, p. 968).

BUYING OR SELLING, ETC., COUNTERFEIT BRITISH COIN AT A LOWER VALUE.

Statute.

24 & 25 Vict. c. 99 (Coinage Offences Act, 1861), s. 6—[King's] gold or silver coin.]-Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall buy, sell, receive, pay or put off, or offer to buy, sell, receive, pay or put off, any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the [King's] current gold or silver coin, at or for a lower rate of value than the same imports or was apparently intended to import, 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. to be kept in penal servitude for life; . . . and in any indictment for any such offence as in this section aforesaid it shall be sufficient to allege that the party accused did buy, sell, receive, pay, or put off, or did offer to buy, sell, receive, pay, or put off, the false or counterfeit coin at or for a lower rate or value than the same imports or was apparently intended to import, without alleging at or for what rate, price, or value the same was bought, sold, received, paid, or put off, or offered to be bought, sold, received, paid, or put off.

...

[The first part of this section re-enacts 2 & 3 W. 4, c. 34, s. 6, with the addition of the words in italics to protect officers engaged in detecting offences against the coin. The latter part of the section was new in 1861, and was framed to