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, clippings, 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 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 any person authorized by them to receive the same.' (q)

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. (r)

By the 33 Vict. c. 10, s. 5, no piece of gold, silver, copper, or bronze, or of any metal or mixed metal of any value whatever, shall be made or issued except by the mint as a coin or a token for money, or as purporting that the holder thereof is entitled to demand any value denoted thereon. Every person who acts in contravention of this section shall be liable on summary conviction to a penalty not exceeding twenty pounds.

SEC. II.

Impairing and Defacing Coin.

Impairing gold or silver coin, with intent. The 24 & 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 labour, and with or without solitary confinement.' (t)

(9) 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; as to the words 'without lawful authority or excuse,' see R. v. Harvey, L. R. 1 C. C. R. 284.

(r) See the interpretation clause, ante, p. 208. (t) See sec. 40, ante, p. 218.

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.

Unlawful possession of filings or clippings of gold or silver coin. Sec. 5. 'Whoever 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 labour, and with or without solitary confinement. (u)

'Whosoever

Defacing coin by stamping words thereon. -Sec. 16. 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 labour.'

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.

Tender of coin so defaced not legal. 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 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 Her Majesty's Attorney-General for England or Ireland respectively, or in Scotland of the Lord Advocate.' (v)

Searching for clippings of coin, &c., - With a view to more effectually prevent 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. (w) Provision concerning melting

(u) This clause is new.

(w) These provisions seem to be repealed

(v) This clause is taken from the 16 & by the 59 Geo. 3, c. 49, s. 12. 17 Vict. c. 102, s. 2. See the interpretation clause, ante, p. 208.

down coin were made by the 17 Edw. 4, c. 1, and 13 & 14 Car. 2, c. 31. (x) 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 moneta. (y)

SEC. III.

Of Importing into the Kingdom Counterfeit or Light Money.

Importing counterfeit coin from beyond seas. By the 24 & 25 Vict. 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 labour, and with or without solitary confinement.' (z)

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

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,' 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 (both now repealed) must be brought from some foreign place out of the King's dominions into some place within the same, (b) 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. (c) 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. (d)

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 making payment,' &c., which only import an intention to do so, and are fully satisfied whether the act intended be performed or not; (e) and it is clear that bringing over money counterfeited according to the similitude of foreign coin was treason within the 1 & 2 Ph. & M. c. 11. (ƒ) Importing foreign counterfeit coin. 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 (g) 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 labour, and with or without solitary confinement.' (h)

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 collecting 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. (i)

SEC. IV.

Of Exporting Counterfeit Money.

By the 24 & 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 Scotland of a crime and offence, and being convicted

(e) 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 said that though the best trial and proof of an intent may be by the act done, yet it may also be evinced by a variety of circumstances, of which the jury are to judge.

(f) 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 & 25 Ph. & M. The crime, therefore, seems now to consist in importing counterfeit coin knowing it to be counterfeit. C. S. G.

(g) See the note to sec. 6, post. (h) This clause is framed from the 37 Geo. 3, c. 126, s. 3.

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

thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.' (k)

This clause will include all cases of exporting counterfeit colonial coin.

(k) This clause is new. As to hard labor, &c., see ante, p. 218. See the interpretation clause, ante, p. 208.