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“shall buy or sell any bullion or molten silver, he shall suffer
imprisonment for six months without bail;” a regulation which is supposed to have been intended to prevent gambling speculations which might enhance the price of the precious metals. (*)
of Counterfeiting Bullion.
The statute 8 and 9 W. 3. c. 26. s. 6. reciting that several mix- Blanching. tures of metals had been invented in imitation of gold and silver, copper, &c. and that blanched copper was principally made use of in imitation of silver, and seldom if ever for any honest or good purpose, enacts " that if any person 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, or shall knowingly " and fraudulently buy or sell or offer to sale any malleable compo“ sítion, 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 the standard,” such person shall be adjudged guilty of felony, and being thereof convicted or attainted shall suffer death. (k)
(i) i East. P. C. c. 4. 5. 37. p. 196. be made unless commenced within
(k) The seventh section provides three months after the offence comthat there shall be no corruption of mitted. This statute is made perblood or forfeiture of dower : and by petual by 7 Avn. c. 25. . 3. the ninth section av prosecution is to
CHAPTER THE THIRD.
OF THE MAKING, MENDING, OR HAVING IN POSSESSION ANY
INSTRUMENTS FOR COINING.
Making,mend. The statute 8 & 9 W. 3. c. 26. s. 1. enacts, that “no smith, ening, or having 66 graver, founder, or other person or persons whatsoever, (other in possession coining instru
“ than and except the persons employed, or to be employed in or ments, high “ for His Majesty's mint or mints in the tower of London or else
“where, and for the use and service of the said mints only, or
persons lawfully authorised by the lords commissioners of the “ Treasury, or lord high treasurer of England for the time being)(a) “ shall knowingly make or mend, or begin or proceed to make or “ mend, or assist in the making or mending of any puncheon, a counter-puncheon, matrix, stamp, die, pattern, or mould of steel, “ iron, silver, or other metal or metals, or of spaud or fine founders' “ earth or sand, or of any other materials whatsoever, in or upon “ which there shall be, or be made or impressed, or which will “ make or impress the figure, stamp, resemblance, or similitude of “both or either of the sides or flats of any gold or silver coin cur“rent within this kingdom; nor shall knowingly make or mend,
or begin or proceed to make or mend, or assist in the making or “ mending of any edger or edging tool, instrument or engine, not “ of common use in any trade, but contrived for marking (b) of
money round the edges with letters, grainings, or other marks
or figures resembling those on the edges of money coined in His “ Majesty's mint, nor any press for coinage, nor any cutting en
gine for cutting round blanks by force of a screw out of flatted “ bars of gold, silver, or other metal; nor shall knowingly buy or “ sell, hide or concéal, or without lawful authority or sufficient “ excuse for that purpose knowingly have in his, her, or their “houses, custody or possession, any such puncheon, counter-pun
(a) It was holden by all the Judges, ought to be tried again; which was about Hilary Term 13 W. 3. that it done at the Lent Assizes, 1702, before ought to be averred in an indictment Powis, J., when the prisoner was at. on this statute that the party was not tainted and executed. employed in the mint, or authorised (6) The word is making in the black by the treasurer, &c. 1 East. P. C. c. Jetter folio copy of the Statutes; and 4. s. 15., where it is stated that the Mr. East has so copied the word, (I question was moved before Mr. Jus. East P. C. c. 4. s. 16. p. 167.) adding tice Turton, who had convicted one
in the margin
quære a misprint in upon this statute at York upon an the printed statute for marking." In indictment which had not such an the octavo edition of the statutes, by avermout; and for this reason it was
Pickering, the word is marking, as in holden bad, and that the prisoner the text.
“ cheon, matrix, stamp, die, edger, cutting engine, or other tool or “instrument before mentioned.” And every such offender and offenders, their counsellors, procurers, aiders, and abettors, shall be guilty of high treason, and being thereof convicted or attainted shall suffer death, as in case of high treason.
The second section of the same statute creates another offence, Conveying out and enacts, “that if any person shall, without lawful authority of the mint a for that purpose, wittingly or knowingly convey, or assist in the any puncheon,
&c. high trea“conveying out of His Majesty's mint in the tower of London, or son; “out of any other of His Majesty's mints, any puncheon, counter
puncheon, matrix, die, stamp, edger, cutting engine, press, or "other tool, engine, or instrument, used for or about the coining " of monies, there, or any useful part of such tools or instruments, such offenders, their counsellors, procurers, aiders or abettors, as also all and every person and persons knowingly receiving, hid. And rcceiving, ing, or concealing the same, shall be adjudged guilty of high trea- biding, &c. the son, and being convicted or attainted thereof, shall suffer death, as treason. in case of high treason.
This statute was only temporary, but afterwards made perpetual Prosecution by 7 Anne, c. 25, s. 1.; and by the second section of that statute
months, and the prosecution of such as offend against the said act of 8 & 9W.3. in some cases c. 20. by making or mending, or beginning or proceeding to make within three or mend any coining tool, or instrument therein prohibited, may months. be commenced within sir months after such offence committed. The act of W.3. provides that no prosecution shall be made for any offence against that act, unless such prosecution be commenced within three months (c) after such offence committed. In cases still within this provision it is incumbent on the prosecutor to shew that the prosecution was commenced within three months. And it has been holden that proof by parol that the prisoner was apprehended for treason respecting the coin, within the three months, will not be sufficient, if the indictment be after the three months, and the warrant to apprehend or to commit be not produced. The indictment was for having in possession a die on which was impressed the resemblance of the head side of a shilling. The offence appeared to have been committed above three months before the indictment was preferred ; and neither the warrant to take or to commit, nor the depositions before the magistrates, were given in evidence; but parol evidence was given that the prisoner was apprehended upon transactions for high treason re. specting the coin within the three months. On a case reserved the Judges were of opinion that this evidence was not sufficient, and a pardon was recommended. (d)
Several points have arisen as to the tools or instruments which are to be considered as within the words of the statute 8 & 9 W.3.
In one case the prisoner was indicted for having in his custody Having possesa press for coinage without any lawful authority, &c. One of the sion of a press questions raised was, whether a press for coinage was one of the for coinage, or tools or instruments within that clause of the act on which the in- within 8 & 9 dictment was founded: and a majority of the Judges held that it W. 3. c. 26.
(c) Vide Willace's case, anté, p. 56. Mich. T. 1818, MS. Bayley, J. Russ. nole (); and post, 79, note (h).
& Ry. 369. (a) Rex v. Phillips and Another,
was. (d) In another case the prisoner was indicted for having in his custody and possession, without any lawful or sufficient excuse, one mould made of lead, on which was made and impressed the figure, stamp, resemblance, and similitude of one of the sides or flats of a shilling, viz. the head side of a shilling: and the prisoner being convicted, it was submitted to the Judges
whether the mould found in the prisoner's custody was comprised under the general words “ other tool or instrument before mentioned,” so as to make the unlawful custody of it high treason; and also whether, if it were so comprised, it should not have been laid in the indictment to be a tool or instrument in the words of the act. And the Judges were unanimously of opinion that this mould was a tool or instrument mentioned in the former part of the statute, and therefore comprised under these general words; and that as a mould is expressly mentioned by name in the first clause of the act which respects the making or mending, it need not be averred to be a tool
or instrument so mentioned. (e) What shall be A case has also been decided as to what shall be considered a considered a
puncheon within the meaning of this statute. The prisoner was parcheon within the meaning indicted for having in his custody and possession a puncheon made of the statutes. of iron and steel in and upon which was made and impressed the
figure, resemblance, and similitude of the head side of a shilling, without any lawful authority, &c. It was fully proved that several puncheons were found in the prisoner's lodgings, together with a quantity of counterfeit money, and that he had them knowingly for the purposes of coining but the opinion of the Judges was taken as to the point, whether the puncheon in question was or was not a puncheon within the meaning of the Legislature, upon the following evidence of the engraver of the mint.
The puncheons found in the prisoner's custody were complete and hardened ready for use : but it was impossible to say that the shillings which were found were actually made with these puncheons, the impressions being too faint to be exactly compared;
(d) Bell's case, Fost. 430. In this case the suffering the defendant to be convicted of high treason, subject to the opinion of the Judges, instead of directing a special verdict, which ought to have been done, was much censured among the Judges, and also by Lord Hardwicke when the defendant's pardon came to the great seal.
(e) Lennard's case, I Leach 90. 1 East. P. C. c. 4. s. 17. p. 170. Another point was afterwards raised in this case upon the form of the indictment. The doubt was, whether the mould which was found in the prisoner's castody, it having only the resemblance of a shilling inverted, viz. the convex parts of the shilling being concave in The mould, and vice verså, the head or profile being turned the contrary way of the coin, and all the letters of the inscription reversed, was not properly an instrument which would make
and impress the resemblance, stainp, &c. rather than an instrument on which the same were made and impressed, as laid in this indictment, the statute seeniing to distinguish between such as will make and impress the similitude, &c. as the matrix, die, and mould ; and such on which the same is made and impressed, as a puncbeon, counter-puncheon, or pattern. But a great majority of the Judges were of opinion that this evidence sufficiently maintained the indictment; because the stamp of the current coin was certainly impressed on the mould in order to form the cavities thereof. They agreed, however, that the indictment would have been more accurate had it charged that “ he had jo his custody
a mould that would make and impress the similitude, &c." and in this opinion some, who otherwise doubted, acquiesced.
but they had the appearance of having been made with them. The manner of making these puncheons is as follows : a true shilling is cut away to the outline of the head; that outline is fixed on a piece of steel, which is filed or cut close to the outline, and this makes the puncheon; the puncheon makes the die, which is the counter-puncheon; a puncheon is complete without letters, but it may be made with letters upon it; though from the difficulty and inconvenience it is never so made at the mint; but after the die is struck the letters are engraved on it; a puncheon alone, without the counter-puncheon, will not make the figure ; but to make an old shilling or a base shilling current, nothing more is necessary than the instrument now produced. They may be used for other purposes, such as making seals, buttons, medals, or other things, where such impressions are wanted.
Eleven of the Judges (absente Lord C. J. De Grey) were unanimously of opinion that this was a puncheon within the meaning of the act; for the word “puncheon” is expressly mentioned in the statutes, and will, by the means of the counter-puncheon or matrix, " make or impress the figure, stamp, resemblance, or simi“ litude of the current coin;" and these words do not mean an exact figure, but if the instrument impress a resemblance in fact, such as will impose on the world, it is sufficient, whether the letters are apparent on the puncheon or not; otherwise the act would be quite evaded, for the letters would be omitted on purpose. The puncheon in question was one to impress the head of King Wilsiam; and the shillings of his reign, though the letters are worn out, are current coin of the kingdom. The puncheon made an impression like them, and the coin stamped with it would resemble them on the head side, though there were no letters. This was compared to the case mentioned by Sir Matthew Hale, (S) that the omission or addition of words in the inscription of the true seals, for the purpose of evading the law, would not alter the case. (g)
It has been decided that having a tool or instrument (of such Having a tool sort as is included in that branch of the statute 8 & 9 W.3. c. 26. in possession which makes it treason to have the same knowingly in the party's for the purpose custody) in possession for the purpose of coining foreign gold coin of coining for not current here, is not within the statute. A majority of the is not within 8 Judges considered that this act was only intended to prevent the & 9W.3. c. 26. counterfeiting the current coin of this kingdom, and not foreign Sed que. coin. But Lord C.J. Ryder and Mr. J. Foster dissented; considering that the act, though principally levelled against counterfeiters of the current coin of the kingdoin, was not confined solely to that object. That the intention of the Legislature was to keep out of private hands, as far as possible, all means of counterfeiting the coin ; and therefore make it high treason to be knowingly possessed of such instruments, in fact, without lawful authority or sufficient excuse. That it was therefore incumbent on the defendant to shew such lawful authority or sufficient excuse. But that, supposing his mere intention to be an ingredient in the case, the
(3) i Hale 184. 2 Hale 212, 215. (g) Ridgelay's case, 1 Leach 189. Robinsoo's case, 2 Roll. Rep. 50. 1 1 East. P. C. c. 4. s. 18. p. 171. East. P. C. c. 2. s. 25. p. 86.