By the 24 & 25 Vict. c. 99, s. 27, "If any person shall find or discover in any place whatever, or in the custody or possession of any person having the same without lawful authority or excuse, any false or counterfeit coin, resembling or *106] apparently intended to resemble or pass for any of the *Queen's current gold, silver or copper coin, or any coin of any foreign prince, state, or country, or any instrument, tool, or engine whatsoever, adapted and intended for the counterfeiting of any such coin, or 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 diminishing or lightening any of the Queen's current gold or silver coin, it shall be lawful for the person so finding or discovering and he is hereby required to seize the 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 witness before any justice of the peace, that there is reasonable cause to suspect that any person has been concerned in counterfeiting the Queen's current gold, silver, or copper coin, or any such foreign or other coin as in this Act before mentioned, or has in his custody or possession any such false or counterfeit coin, or any instrument, tool, or engine whatsoever adapted and intended for the making or counterfeiting of any such coin, or any other machine used or intended to be used for making or counterfeiting any such coin, or any such filings, clippings, or bullion or any such gold or silver in dust, solution, or otherwise as aforesaid, it shall be lawful for any justice of the peace, by warrant under his hand, to cause and 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 false or counterfeit coin, or any such instrument, tool, or engine, or any such machine, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution, or otherwise as aforesaid, shall be found in any place so searched, to cause the same to be seized and carried forthwith before some justice of the peace; and whensoever any such false or counterfeit coin, or any such instrument, tool, or engine, or any such machine, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution, or otherwise as aforesaid, shall in any case whatsoever be seized and carried before a justice of the peace, he shall, if necessary, cause the same to be secured, for the purpose of being produced in evidence against any person who may be prosecuted for any offence against this Act; and all such false and counterfeit coin, and all instruments, tools, and engines adapted and intended for the making or counterfeiting of coin, and all such machines, and all such filings, clipinferior 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; or if the tender be made out of any city, &c., then by some justice of the peace of the county inhabiting or being near the place where the tender shall be made. And by sec. 26 of the new Act, "Where any coin shall be tendered as the Queen's current gold or silver coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing or to be counterfeit, it shall be lawful for such person to cut, break, bend, or deface such coin, and if any coin so cut, broken, bent, or defaced shall appear to be diminished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight, and shall appear to be lawful coin, the person cutting, breaking, bending, or defacing the same is hereby required to receive the same at the rate it was coined for; and if any dispute shall arise whether the coin so cut, broken, bent, or defaced be diminished in manner aforesaid, or counterfeit, it shall be heard and finally determined in a summary manner by any justice of the peace, who is hereby empowered to examine upon oath as well the parties as any other person, in order to the decision of such dispute; and the tellers at the receipt of Her Majesty's Exchequer, and their deputies and clerks, and the receivers general of every branch of Her Majesty's revenue, are hereby required to cut, break, or deface, or cause to be cut, broken, or defaced, every piece of counterfeit or unlawfully diminished gold or silver coin which shall be tendered to them in payment of any part of Her Majesty's revenue."

pings, and bullion, and all such gold and silver in dust, solution, or otherwise as aforesaid, after they shall have been produced in evidence, or when they shall have been seized, and shall not be required to be produced in evidence, shall forthwith be delivered up to the officers of Her Majesty's Mint, or to the solicitors of Her Majesty's Treasury, or to any person authorized by them to receive the same."(p)

The parts in italics are introduced in order to provide for the seizure of filings of coin, gold or silver dust, and machines mentioned in the preceding clauses of the Act.

The solicitors of the Treasury now superintend all mint prosecutions.(q)

*Sec. II.-Impairing and Defacing Coin.

[*107

The 24 and 25 Vict. c. 99, s. 4, enacts that, "Whosoever shall impair, diminish, or lighten any of the Queen's current gold or silver coin, with intent that the coin so impaired, diminished, or lightened may pass for the Queen'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, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,- -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement.'(99)

This clause is taken from the 2 Will. 4, c. 34, s. 5, the words of which were "with intent to make the coin pass," &c., which intent never existed; for the coin was not impaired in order to make it pass, but in order to obtain some metal from the coin, and that it might nevertheless pass in circulation. The words in italics have therefore been substituted for those of the former enactment.

Sec. 5. 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 Queen'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, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years, and not less than three years,- -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(r)

Sec. 16. Whosoever shall deface any of the Queen'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 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 labor."

This clause is taken from the 16 & 17 Vict. c. 102, s. 1, which contained the words "or shall use any machine or instrument for the purpose of bending the same," but it was considered that this provision was much too comprehensive, and therefore it was omitted.

*Sec. 17. "No tender of payment in money made in any gold, silver, or copper coin so defaced by stamping as in the last preceding section men[*108 tioned 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 with

(p) This clause is framed on 2 Will. 4, c. 34, s. 14; 37 Geo. 3, c. 126, s. 7; and 43 Geo 3, c. 139, s. 7.

(9) See the interpretation clause, ante, p. 95.

(99) As to hard labor, &c., see ante, p. 104. See the interpretation clause, ante, p. 95. (r) This clause is new. As to hard labor, &c., see ante, p. 104. See the interpretation clause, ante, p. 95.

out the consent, in England or Ireland, of Her Majesty's Attorney-General for England or Ireland respectively, or in Scotland of the Lord Advocate." (rr)

With a view of more effectually preventing the clipping, diminishing or impairing the current coin of the kingdom, the 6 & 7 Will. 3, c. 17, s. 8, made provision for breaking open houses and searching for bullion; and for the punishment of the person in whose possession bullion was found, not proving it to be lawful silver, and that the same was not before the melting thereof coin nor clippings. (8) Provisions concerning melting down coin were made by the 17 Edw. 4, c. 1, and 13 & 14 Car. 2, c. 31.(t) 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 monetâ.(u)

Sec. III-Of Importing into the Kingdom Counterfeit or Light Money. By the 24 & 25 Vic. c. 99, s. 7, "Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall import or receive 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 Queen's current gold or silver coin, knowing the same to be false or counterfeit, 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 kept in penal servitude for life or for any term not less than three years,- -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(v)

The first words in italics were introduced for the reason mentioned in the note to sec. 6.(w)

The words "or receive" were added to include cases where the offender received coin which had come from abroad, but there was no evidence to bring his offence within the term "import."

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," re*109] ferred to gold or 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 (both now repealed) must be brought from some foreign place out of the King's dominions into some place within the same, (x) 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.(y) 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.(z)

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 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;(a) and it is clear that bringing over money counterfeited (rr) This clause is taken from the 16 & 17 Vict. c. 102, s. 2. See the interpretation clause, ante, p. 95.

(8) These provisions seem to be repealed by the 59 Geo. 3, c. 49, s. 12.

(1) This Act and every Act in force before its passing, whereby the melting, &c., of coin was prohibited, are repealed by the 59 Geo. 3, c. 49, s. 11.

(u) 3 Inst. 18.

(v) This clause is taken from the 2 Will. 4, c. 34, s. 6. p. 104. See the interpretation clause, ante, p. 95.

(w) Post, p. 134.

As to hard labor, &c., see ante,

The

(x) 1 East P. C. c. 4, ss. 1, 4, 5, 6, 21, 22. (y) 1 Hawk. c. 17, s. 87. (2) 1 Hale 227, 228, 317; 1 Hawk. c. 17, s. 86, 88; 1 East P. C. c. 4, s. 22, p. 175. words of the 25 Ed. 3, were, "if any man bring;" of the 1 & 2 Ph. & M. "if any person shall bring."

(a) 1 Hawk. c. 17, s. 89. But Lord Coke and Lord Hale seem to have thought differently: 3 Inst. 18; 1 Hale 229. But see 1 East P. C. c. 4, s. 22, pp. 175, 176, where it is

according to the similitude of foreign coin was treason within the 1 & 2 Ph. & M. c. 11.(b)

By the 24 & 25 Vict. c. 99, s. 19, "Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused), shall bring or receive into the United Kingdom(c) any such false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, knowing the same to be false or counterfeit, 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 kept in penal servitude for any term not exceeding seven years and not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(d)

From the words of the statute, an importation of counterfeit foreign coin, with a knowledge that it is counterfeit, is clearly sufficient, without any actual uttering. The present clause omits the words "to the intent to utter the same," which were in the former Act.

*It seems that this statute does not provide for the case of a person col[*110 lecting the base money therein mentioned from the vendors of it in this country, with intent to utter it within the realm, or the dominions of the realm.(ƒ)

Considerable quantities of old silver coin of the realm, or coin purporting to be such, below the standard of the Mint in weight, were formerly imported, to the public detriment at that time; in consequence of which the 14 Geo. 3, c. 42, prohibited the bringing into the kingdom any such coin, and provided that if any silver coin, being or purporting to be the coin of this realm, exceeding in amount the sum of five pounds, should be found by any officer of His Majesty's Customs on board any ship, &c., or in the custody of any person coming directly from the water-side, or, upon the information of one or more persons, in any house or other place on search there made in the manner directed by a statute of 14 Car. 2, the officer might seize the same; and if, upon examination, it should appear to be of the standard weight, it should be restored; but if it should be less in weight than the standard of the Mint, that is to say, at and after the rate of sixty-two shillings to every pound troy, it should be forfeited. This Act was revived and made perpetual by 39 Geo. 3, c. 75; but the 56 Geo. 3, c. 68, s. 2, enacts that so much of the 14 Geo. 3, c. 42, as enacts that any silver coin of the realm less in weight than after the rate of sixty-two shillings for every pound troy shall be forfeited, and of any Act or Acts for reviving or continuing or making perpetual the provisions of the said Act, in this respect, shall from the passing of that Act be repealed; and the 6 Geo. 4, c. 105, seems wholly to repeal the 14 Geo. 3, c. 42, and 39 Geo. 3, c. 75.(g)

Sec. IV-Of Exporting Counterfeit Money.

By the 24 and 25 Vict. c. 99, s. 8, "Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall export, or put on board any ship, vessel, or boat for the purpose of being exported from the United Kingdom, any false or counterfeit coin, resembling or apparently intended to resemble or pass for any of the Queen's current coin, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of a misdemeanor, and in said that though the best trial and proof of an intent be by the act done, yet it may also be evinced by a variety of circumstances, of which the jury are to judge.

(b) 1 Hawk. c. 17, s 89. It is to be observed, that the new statute has neither the words to merchandize or make payment," which were in the 25 E. 3, nor the words "to the intent, to utter or make payment with the same," which were in the 1 & 2 Ph. & M. The crime, therefore seems now to consist in importing counterfeit coin knowing it to be counterfeit. C. S. G.

(c) See the note to sec. 6, post, p. 134.

(d) This clause is framed from the 37 Geo. 3, c. 126, s. 3.

(f) 1 East P. C. c. 4, s. 23, p. 177.

(g) The terms of this repeal are very obscure.

Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(h) This clause will include all cases of exporting counterfeit colonial coin.

*111]

*CHAPTER THE SECOND.

OF FRAUDS RELATING TO BULLION, AND OF COUNTERFEITING BULLION.

Sec. I-Of Frauds relating to Bullion.

BULLION signifies properly either gold or silver in the mass; but is sometimes used to denote those metals in any state other than that of authenticated coin; comprising in this latter sense gold and silver wares and manufactures. Many statutes have been passed for the prevention of frauds with respect to such bullion by creating offences in making, working, putting to sale, exchanging, selling, or exporting, any gold or silver manufactures of less fineness than the standards respectively fixed at the time by the several Acts. But it is not intended to make any particular mention of those statutes;(a) the punishments inflicted by them being in general certain penalties and forfeitures, or, in default of payment, commitment to the house of correction. The knowingly exposing to sale and selling wrought gold under the sterling alloy for gold of the true standard, though indictable in goldsmiths, is a private imposition only in a common person, and the party injured is left to his civil remedy.(b)

It is conceived also that offenders fraudulently affixing public and authentic marks on goods of a value inferior to such tokens are liable to suffer at common law upon an indictment for a cheat. J. Fabian, a working goldsmith, was indicted for falsifying plate, by putting in too much alloy, and then corrupting one of the assay master's servants to help him to the proper marks, with which he stamped his plate, and sold it to the goldsmiths; and being convicted, he was fined £100 and adjudged to stand three times in the pillory; and was also forejudged of his trade that he should not use that trade again as a master workman. This judgment must have been at common law. (c)

The offences of counterfeiting the assay marks on bullion or plate, or transposing such marks from one piece of manufacture to another, will be mentioned in a subsequent part of the work.

Provisions were made by several statutes to prevent the fraudulent exportation of bullion, but these statutes are either repealed, or their provisions do not fall within the scope of this work.

(h) This clause is new. As to hard labor, &c., see ante, p. 104. clause, ante, p. 95.

See the interpretation

(a) See them collected in 1 East P. C. c. 4, s. 32, pp. 188 to 194.

The 28 Ed. 1, st. 3,

c. 20, mentioned here in the last edition, was repealed by the 19 & 20 Vict. c. 64. (b) Rex v. Bower, Cowp. 323.

(c) Fabian's case, Old Bailey, Dec. Sess. 1664; 1 East P. C. c. 4, s. 34, p, 194; Kel. 39.