Felony.

Punishment.

Misdemeanor.
Punishment.

No offence at common law.

Misdemeanor.
Punishment.

What a suffici

ent custody or possession.

parently intended to resemble or pass for any of the King's current copper coin at or for a lower rate or value than the same by its denomination imports or was coined or counterfeited for," such offender shall be guilty of felony, and shall be transported not exceeding seven years, or imprisoned not exceeding two years; such imprisonment (by sect. 19.) to be with or without hard labour, and with or without solitary confinement, during the whole or any portion of such imprisonment.

2. It will be observed that the above clause of sect. 12. does not contain the words " offer to buy, sell," &c. which are inserted in sect. 6. (See ante, p. 1542.)

(3.) Uttering Counterfeit Copper Coin.

1. By 2 & 3 W. 4. c. 34. s. 12. "If any person shall tender, utter, or put off any false or counterfeit coin, resembling, or apparently intended to resemble or pass for any of the King's current copper coin, knowing the same to be false or counterfeit," such offender shall be guilty of a misdemeanor, and shall be liable to be imprisoned, not exceeding one year, and (by sect. 19.) with or without hard labour, and with or without solitary confinement, during the whole or any portion of it.

2. Uttering counterfeit copper coin was no offence at common law. R. v. Cirwan, 1 East, P. C. 182. 2 Leach, 834, n. (a) S. C.

3. And previous to the late act, it was not made an offence by any statute. Id.

(4.) Possession of three or more Pieces of Counterfeit Copper Coin.

1. By 2 & 3 W. 4. c. 34. s. 12. “If any person shall have in his custody or possession three or more pieces of false or counterfeit coin, resembling, or apparently intended to resemble, or pass for any of the King's current copper coin, knowing the same to be false or counterfeit, and with intent to utter or put off the same," such offender shall be guilty of a misdemeanor, and shall be liable to be imprisoned not exceeding one year, and (by sect. 19.) with or without hard labour, and with or without solitary confinement during the whole or any portion of it.

2. And by sect. 21. "Where the having any matter in the custody or possession of any person is in this act expressed to be an offence, 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."

3. The possession of counterfeit copper coin is now for the first time made punishable as an offence. And this enactment is in precisely the same form as that respecting the possession of counterfeit gold and silver coin; respecting which, see ante, p. 1548.

(5.) Making, mending, or having Possession of Tools for counterfeiting Copper Coin.

1. By 2&3 W. 4. c. 34. s. 12. "If any person shall knowingly, and without lawful authority (the proof of which authority shall lie on the party accused) 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," such person shall be guilty of felony, and shall be liable to be Felony. transported, not exceeding seven years; or to be imprisoned not ex- Punishment. ceeding two years, such imprisonment (by sect. 19.) to be with or

without hard labour, and with or without solitary confinement, dur

ing the whole or any portion of it.

2. And by sect. 21. "Where the having any matter in the custody What a sufficior possession of any person is in this act expressed to be an offence; ent custody or if any person shall have any such matter in his personal custody or possession. 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."

III. Offences relating to Foreign Coin.

(1.) All acts against offences relating to foreign coin made current in England having been repealed, there is now no statutory provision on the subject.

(2.) Offences relating to Foreign Gold and Silver Coin not made current in England.

(a) Counterfeiting foreign gold or silver coin.

(6) Importing counterfeit foreign gold or silver coin.

(c) Uttering counterfeit foreign gold or silver coin.

(d) Custody of more than five pieces of counterfeit foreign

gold or silver coin.

(a) Counterfeiting foreign gold and silver coin not current

in England.

1. At common law this offence was only punishable as a misde- Misdemeanor meanor. 1 East, P. C. 160. 1 Hale, 210.

2. By 37 G. 3. c. 126. s. 2., reciting that "the practice of counterfeiting foreign gold and silver coin, and the bringing into this realm, and uttering within the same, false and counterfeit foreign gold and silver coin, and particularly pieces of gold coin commonly called louis d'or, and pieces of silver coin commonly called dollars, hath of late greatly increased; and it is expedient that provision should be made more effectually to prevent the same;" it is enacted that, "if any person or persons shall, from and after the passing of that act, make, coin, or counterfeit any kind of coin not the proper coin

at common law.

Felony by statute.

Punishment.

Felony.
Punishment.

First offence.

Penalty.

Second offence.

Punishment.

Third offence.

Felony.
Punishment.
Punishment of
death repealed.

of this realm, nor permitted to be current within the same, but resembling or made with intent to resemble or look like any gold or silver coin of any foreign prince, state, or country, or to pass as such foreign coin," such persons to be guilty of felony, and to be transported for any term not exceeding seven years.

3. By the words not permitted to be current within the realm, must be understood, not permitted to be current by proclamation under the great seal. 1 East, P. C. 161. And, according to Lord Hale, "this consent cannot be but under the great seal :-viz. by proclamatiɔn, and a writ under the great seal annexed thereunto, or some other sufficient notification under the great seal.” 1 Hale, P. C. 210.

(6) Importing counterfeit foreign gold and silver coin not current in England.

By 37 G. 3. c. 126. s. 3. “If any person or persons shall, from and after the passing of this act, bring into this realm any such false or counterfeit coin as aforesaid, resembling or made with intent to resemble or look like any gold or silver coin of any foreign prince, state, or country, or to pass as such foreign coin, knowing the same to be false or counterfeit to the intent to utter the same within this realm, or within any dominions of the same," every such person shall be guilty of felony, and may be transported for any term not exceeding seven years.

(c) Uttering counterfeit foreign gold and silver coin not current in England.

1. By 37 G. 3. c. 126. s. 4. “ If any person or persons shall, from and after the passing of this act, utter or tender in payment, or give in exchange, or pay or put off to any person or persons any such false or counterfeit coin as aforesaid, resembling or made with intent to resemble or look like any gold or silver coin of any foreign prince, state, or country, or to pass as such foreign coin, knowing the same to be false or counterfeit, and shall be thereof convicted," every 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.

2. And by the same section, “If the same person shall afterwards be convicted a second time for the like offence, of uttering or tendering in payment or giving in exchange, or paying or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, 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.'

3. And by the same section, “If the same person shall afterwards offend a third time in uttering or tendering in payment, or giving in exchange, or paying or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, and shall be convicted of such third offence, he or she shall be adjudged to be guilty of felony without benefit of clergy."

4. The 11 G. 4. and 1 W. 4. c. 66. s. 1. after reciting, that

several offences relating to forged writings, and to other forged and counterfeit matters, were, by several statutes, punishable with death; enacts that, where by any acts then in force, any person falsely making, forging, counterfeiting, erasing, or altering any matter whatsoever, or uttering, publishing, offering, disposing of, putting away, or making use of any matter whatsoever, knowing the same to be falsely made, forged, counterfeited, erased, or altered, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon; and if any person should, after the commencement of that act, be convicted of any such felony, or of aiding, abetting, counselling, or procuring the commission thereof, such person should not suffer death, (unless the same should be made punishable with death by that act,) but should be liable to be transported for life, or for not less than seven years, or to be imprisoned not exceeding four years, nor less than two years, such imprisonment (by sect. 26.) to be with or without hard labour, and with or without solitary confinement, during the whole or any portion of it.

It is also provided by sect. 1., That nothing therein contained shall affect or alter any acts relating to the coin of this realm, or to any coin of any other realm, lawfully current within this realm.

The 11 G. 4. & 1 W. 4. c. 66. has not imposed the punishment of death for any offence relating to coin, and as foreign coin, not current here, is not within the meaning of the proviso, it seems that persons convicted under the 37 G. 3. c. 126. s. 4. of a third offence of uttering, would not be now punishable with death, but with the lesser punishment enacted by the 11 G. 4. & 1 W. 4. c. 66. s. 1.

As to the evidence of a former conviction for this offence. See post, Coin, VII. (Evidence.)

(d) Custody of more than five pieces of counterfeit foreign gold or silver coin not current in England.

coin.

By 37 G. 3. c. 126. s. 6. "If any person or persons shall have in his, her, or their custody, without lawful cause, any greater number of pieces than five pieces of false or counterfeit coin, of any kind or kinds, resembling or made with intent to resemble or look like any gold or silver coin or coins of any foreign prince, state, or country, or to pass as such foreign coin, every such person being therefore convicted upon the oath of one or more credible witness or witnesses, before one justice of the peace, shall forfeit and lose all such Forfeiture of false and counterfeit coin, which shall be cut in pieces, and destroyed by order of such justice, and shall forfeit and pay not exceeding 51. nor less than 40s. for every such piece of false or coun- Penalty. terfeit coin, which shall be found in his custody: one moiety to the informer, and the other to the poor of the parish where such offence shall be committed;-and in case any such penalty shall not be forthwith paid, the justice may commit the person adjudged to pay the same to the common gaol or house of correction, there to be kept to hard labour for three calendar months, or until such penalty shall be paid.

(3.) Offences relating to Foreign Copper Coin not made Current in England.

(a) Counterfeiting foreign copper coin.

(b) Custody of counterfeit foreign copper coin.

(a) Counterfeiting foreign copper coin.

By 43 G. 3. c. 139. s. 3. "If any person, from and after the passing of this act, shall, within any part of the said united kingdom, make, coin, or counterfeit any kind of coin, not the proper coin of this realm, nor ordered by the royal proclamation of his Majesty, his heirs, or successors, to be deemed and taken as current money of this realm, or any part thereof, but resembling, or made with intent to resemble any copper coin, or any other coin made of any metal, or mixed metals of less value than the silver coin of such foreign prince, state, or country respectively, or to pass as such foreign coin;" Misdemeanor. then every person so offending shall be guilty of a misdemeanor and breach of the peace, and, being thereof convicted, shall, for the first offence, be imprisoned not exceeding one year, and, for the second offence, be transported for the term of seven years.

Punishment.

Second offence felony.

Punishment.

Forfeiture of coin.

Penalty.

Punishment.

Accessary before the fact.

As to traversing indictments for this offence. See post, Coin, VI. (Trial.)

And as to evidence of a former conviction. See post, Coin, VII. (Evidence.)

(b) Custody of counterfeit foreign copper coin.

By 43 G. 3. c. 139. s. 6. If any person or persons shall have in his, her, or their custody, without lawful excuse, any greater number of pieces than five pieces of false or counterfeit coin of any kind or kinds, resembling, or made with intent to resemble any such copper or other coin as aforesaid; every such person, being thereof convicted upon the oath of one witness, before one justice of the peace, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice, and shall, for every such offence, forfeit and pay not exceeding 40s., nor less than 10s. for every such piece of false or counterfeit coin found in the custody of such person; one moiety to the informer and the other to the poor of the parish where such offence shall be committed; and, in case such penalty shall not be paid, it shall be lawful for such justice to commit the person so adjudged to pay the same penalty to the common gaol or house of correction, to be kept to hard labour for three calendar months, or until such penalty be paid.

IV. Principals and Accessaries.

1. By 2 & 3 W. 4. c. 34. s. 18. it is enacted "That in the case of every felony punishable under this act, every principal in the second degree and every accessary before the fact shall be punishable in the same manner as the principal in the first degree is by this act After the fact. punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and (by sect. 19.) with or without hard labour, and with or without solitary confinement, for the whole or any portion of such imprisonment.