ing some reasonable likeness to that coin which has been defaced by time, and yet passed in circulation.(u) In a subsequent case the counsel for *the prisoners [*99 having objected, upon the fact of no impression of any sort or kind being discernible upon the shillings produced in evidence, that they were not counterfeited to the likeness and similitude of the good and legal coin of the realm, the judges were of opinion, that it was a question of fact whether the counterfeit moneys were of the likeness and similitude of the lawful current silver coin called a shilling And the jury having so found it, the want of an impression was immaterial; because, from the impression being generally worn out or defaced, it was notorious that the currency of the genuine coin of that denomination was not thereby affected; the counterfeit therefore was perfect for circulation, and possibly might deceive the more readily from having no appearance of an impression; and in the deception the offence consists. (v) Before the 2 Will. 4, c. 34, where the imitation of the real coin had not proceeded so far as to fabricate a false coin sufficiently perfect to be circulated, the offence of counterfeiting was not complete. Thus, where the prisoner had forged the impression of a half-guinea on a piece of gold, which was previously hammered, but was not round, nor would pass in the condition it then was, upon reference to the judges, it was held that the crime of counterfeiting was incomplete. (w) And where the prisoners were convicted under the 25 Edw. 3, c. 2, and it appeared that no one piece of the base metal found upon them was in such a state as to make it passable, the conviction was held to be wrong. (x) But by the 24 & 25 Vict. c. 99, s. 30, the offence of counterfeiting shall be deemed complete, although the coin be not in a state fit to be uttered, or the counterfeiting not finished or perfected. (y)

Upon an indictment on the 8 & 9 Will. 3, c. 26, s. 4 (now repealed), it appeared that the color of silver was produced by melting a small portion of good silver with a large portion of base metal, and throwing it, after it had been cut up into round blanks, into aqua fortis, which has the effect of drawing to the surface whatever silver there may be in the composition, and giving the metal the color and appearance of real silver. A doubt therefore arose, whether this process of extracting the latent silver by the power of the wash from the body to the surface of the blank was coloring with "a wash and materials" within the meaning of the statute; or whether the Legislature did not intend such a coloring only as is produced by some external application on the surface of the blank. But the judges thought that this process of extracting the latent silver from the body to the surface of the base metal by the power of aqua fortis was a coloring within the words of the statute;(z) and they also thought that it might be charged as a coloring with silver; for the effect of the aqua fortis is to corrode the base metal, and leave the silver only on the superficies; and so the copper is colored or cased with silver. (a)

So though it was necessary that the blanks should be rubbed after they were taken out of the wash, in order to give them the appearance of silver, the preparing and steeping them in the wash was held to be a coloring within the 8 & 9 Will. 3, c. 26, s. 4. The prisoner was apprehended in the very act [*100 of steeping round blanks composed of brass and silver in aqua fortis: none of them were in a finished state; but many were taken out of the liquor, and others were found dry. These blanks exhibited the appearance of lead, and some of them had the impression of a shilling, and by rubbing them they might be made perfectly to resemble silver coin; but in their then state the jury found that none of them would pass current. The question was, whether the offence was completed, inasmuch as the color of silver had not been produced on any of the blanks. There was some difference of opinion amongst the judges upon a case reserved. One judge said, he understood the words " color, &c.," to mean producing on the piece of metal the color of silver, which was not done here; for, without rubbing, the

(u) Wilson's case, Old Bailey, 1783; 1 Leach 285.

(v) Rex v. Welsh, 1 Leach 364; 1 East P. C. c. 4, s. 13, p. 164.

() Varley's case, 1 Leach 76; 1 East P. C. c. 4, s. 13, p. 164; 2 Blac. Rep. 682.

(z) Rex v. Harris, 1 Leach 135. (2) Rex v. Lavey, 1 Leach 153.

(y) Post, p. 103.

(a) s. c., 1 East P. C. c. 4, s. 14, p. 166.

money coined would not pass: and another observed, that the word in the statute was "producing" in the present tense, and not materials which would produce. But the other judges thought the conviction right. They considered that the offence was complete when the piece was colored; for it was then colored with materials which produce the color of silver; and that it was not necessary that the piece so colored should be current, for the coloring of blanks was an offence within the clause. And it was observed, that a contrary construction would prevent any conviction until a wash was discovered, which would in the first instance produce a perfect bright shilling or sixpence.(b)

Upon an indictment on the 2 Will. 4, c. 34, s. 4. which alleged that the prisoner three sixpences "feloniously did gild with materials capable of producing the color of gold," it was proved that the prisoner was apprehended in the act of gilding sixpences with gold, three of which so gilt were found in the room where he was taken it was objected that the indictment was not proved, as the prisoner had used gold and not materials capable of producing the color of gold. It was answered, that the latter words might be rejected; to which it was replied, that they could not, as they qualified the word gold, and showed it was not used in the strict sense of the word. A verdict having been directed for the Crown, it was moved, in arrest of judgment, in case the objection should be one on the record. Upon a case reserved, the judges present were unanimous that the indictment was proved, and all, except two, (c) considered the indictment good.(d)

If there be a counterfeiting in fraud of the King, the offence is complete before any uttering, or attempt to utter.(e)

One count charged the prisoner with unlawfully causing to be made two dies, one of the obverse side, the other of the reverse side of a silver half-dollar of Peru, with intent feloniously to make counterfeit Peruvian half-dollars; another count charged him with attempting feloniously to coin by making the dies, with intent to use them in coining such counterfeit coins. The prisoner, *without any

*101] authority or license so to do, caused to be made by one Jackson, a die sinker (who, though he executed the order, gave notice to the police, and committed no offence against the law), the necessary dies for making a counterfeit dollar of the Republic of Peru. The dies, though suitable and necessary for making such counterfeit coin could not alone produce it; a press, copper blanks, galvanic battery, and a preparation of silver being also necessary for that purpose. The prisoner had procured galvanic batteries, and had been in negotiation for the purchase of a press and copper blanks for the aforesaid purpose; but he had not actually procured either press, blanks or preparation of silver. There was no doubt that the prisoner intended to use the whole apparatus when procured in making counterfeit Peruvian dollars, and the only doubt was whether he intended to coin in Peru only, or in this country also; and it was contended that, if he only intended to make the coin in Peru, no offence had been committed; and even if he did intend to coin in this country, that intention, though coupled with the act of causing the dies to be made in pursuance of such intention, fell short of an attempt to commit a felony. The jury found that the intention of the prisoner was to cause to be made and procure the dies and other apparatus in order therewith to coin counterfeit Peruvian half-dollars, and to make a few only of the counterfeit coin in England by way of trying whether the apparatus would answer before sending it out to Peru, to be there used in making the counterfeit coin, and convicted the prisoner; and upon a case reserved, it was held that the conviction was right. This was not an indictment for an attempt to commit a statutable offence; but the indictment was founded on a criminal intent coupled with an act immediately connected with the offence. Nobody could coubt that the prisoner was in possession of machinery necessarily connected with the offence, for the

(b) Rex v. Case, 1 East P. C. c. 4, s. 14, pp. 165, 166; 1 Leach 154, note (a). This case probably caused the use of the terms, "materials capable of producing the color of gold or silver," in the 2 Will. 4, c. 34, s. 4, instead of the terms, " materials producing the color of gold or silver," in the 8 & 9 Will. 3, c. 26, s. 4. C. S. G.

(c) Littledale, J., and Parke, B.

(d) Reg. v. Turner, 2 M. C. C. R. 42. (e) 3 Inst. 61; 1 Hale 215, 228; 1 Hawk. c. 17, s. 55; 1 East P. C. c. 4, s. 13, p. 165.

express purpose of committing it, and which was obtained, and could be obtained, for no other purpose. No doubt the act was done with intent to commit a felony, and was sufficient to support such an indictment as the present. It was an act immediately connected with the offence, and the prisoner could have no other object than to commit the offence.(f)

By the 24 & 25 Vict. c. 99, s. 35, "In the case of every felony punishable under the Act, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every acccessory after the fact to any felony punishable under this Act shall be liable to be imprisoned for any term not exceeding two years with or without hard labor."(g)

Accomplices or receivers, in those offences concerning the coin which amount to felony. follow the general rule applicable to felony. Two agree to counterfeit, and one does it in consequence of that agreement; they are both guilty. One counterfeits, and another by agreement beforehand afterwards puts it off; the latter *is a principal: so if he put it off afterwards, knowing that the other coined it; for that makes him an aider: so if he furnished the coiner with tools, or materials for coining.(h)

[*102

Proof that a man occasionally visited coiners; that the rattling of money was occasionally heard with them; that he was seen counting something as if it was money when he left them; that, on coming to the lodgings just after their apprehension, he endeavored to escape, and was found to have bad money about him; is not sufficient evidence to implicate him, as counselling, procuring, aiding, and abetting the coining. Two women were indicted for coloring a shilling and sixpence, and a man (Isaacs) as counselling them, &c. The evidence against him was. that he visited them once or twice a week; that the rattling of copper money was heard whilst he was with them; that once he was counting something just after he came out; that on going to the room just after their apprehension he resisted being stopped, and jumped over a wall to escape; and that there were then found upon him a bad three-shilling piece, five bad shillings, and five bad sixpences; but upon a case reserved the judges thought the evidence too slight to convict him.()

Sec. 28. Where any person shall tender, utter, or put off any false or counterfeit coin in one county or jurisdiction, and shall also tender, utter, or put off any other false or counterfeit coin in any other county or jurisdiction, either on the day of such first mentioned tendering, uttering, or putting off, or within the space of ten days next ensuing, (i) or where two or more persons, acting in concert in different counties or jurisdictions, shall commit any offence against this Act, every such offender may be dealt with, indicted, tried, and punished, and the offence laid and charged to have been committed, in any one of the said counties or jurisdictions, in the same manner in all respects as if the offence had been actually and wholly committed within such one county or jurisdiction."(k)

The first part is introduced to remove a doubt which had risen whether a person tendering, &c., coin in one jurisdiction, and afterwards tendering, &c., coin in another jurisdiction within sec. 10 (post, p. 120), could be tried in either. As the offence created by that section is only a misdemeanor, probably there was no substantial ground for that doubt, but it was thought better to set the matter at rest. Sec. 36. "All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if

(f) Reg. v. Roberts, Dears. C. C. 539. The Court seem to have been clear that making a few specimens to ascertain whether they would answer the purpose would have been a felony within the statute; and that even making a few specimens to put in a cabinet would be so also.

(9) This clause is taken from the 2 Will. 4, c. 34, s. 18. As to hard labor, see post, p. 104.

(h) 1 East P. C. c. 4, s. 31, p. 186.

(i) Rex v. Isaacs, Hil. T. 1813, MS. Bayley, J.

(u) The preceding part of this section is new.

(*) This clause is taken from the 2 Will. 4, c. 34, s. 15.

they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in England or Ireland in which the offender shall be apprehended or be in custody, in the same manner in all respects as if the same had been actually committed in that county or place, and in any indictment for any such offence, or for being accessory to any such offence, the venue in the margin shall be the same as if such offence had been committed in such county or place, and the offence *itself shall be averred *103] to have been committed on the high seas;' [and where any of the crimes and offences, or high crimes and offences, mentioned in this Act, shall be committed at sea, and the vessel in which the same shall be committed shall be registered in Scotland, or touch at any part thereof, the courts of criminal law of Scotland may inquire, try, and determine the same in the same manner as if such crime and offence, or high crime and offence, had been committed in Scotland ;] (kk) provided that nothing herein contained shall alter or affect any of the laws relating to the government of Her Majesty's land or naval forces."

Sec. 34. "All high crimes and offences, and crimes and offences, against this Act, which may be committed in Scotland, shall be proceeded against and tried according to the rules and procedure of the criminal law of Scotland, [and all proceedings by this Act made competent before any justice or justices, and all and every the powers and authorities by this Act given to or conferred upon any such justice or justices, shall, in Scotland, be competent before and may be exercised by any sheriff, magistrate, or justice of the peace."]

Sec. 29. "Where, upon the trial of any person charged with any offence against this Act, it shall be necessary to prove that any coin produced in evidence against such person is false or counterfeit, it shall not be necessary to prove the same to be false and counterfeit by the evidence of any moneyer, or other officer of Her Majesty's Mint, but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness."(m)

Sec. 30. "Every offence of falsely making or counterfeiting any coin, or of buying, selling, receiving, paying, tendering, uttering, or putting off, or of offering to buy, sell, receive, pay, utter, or put off, any false or counterfeit coin, against the provisions of this Act, shall be deemed to be complete, although the coin so made or counterfeited, or bought, sold, received, paid, tendered, uttered, or put off, or offered to be bought, sold, received, paid, uttered, or put off, shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.” This clause is taken from the 2 Will. 4, c. 34, s. 3, which was limited in terms to making or counterfeiting gold or silver coin, and consequently it was held that it did not apply to a case of selling counterfeit coin. The words in italics have, therefore, been added in order to include all cases of" buying, selling," &c.(mm)

Sec. 31. "It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence, or any high crime and offence, or crime and offence, against this Act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to his being conveyed as soon as reasonably may be before a justice of the peace or some other proper officer, to be dealt with according to law."(n).

*104] *This clause is new, and clearly unnecessary, as far as it relates to any felony or indictable misdemeanor, for there is no doubt whatever that any person in the act of committing any such offence is liable by the common law to be apprehended by any person; but it was introduced at the instigation of the Solicitors of the Treasury, as it had been found that there was great unwillingness to apprehend in such cases, in consequence of doubts that prevailed among the public as to the right to do so.

(kk) The part between brackets is new.

(2) The earlier part of this clause is framed on the 2 Will. 4, c. 34, s. 15. The part between brackets was added at the suggestion of the Lord Advocate.

(m) This clause is taken from the 2 Will. 4, c. 34, s. 17.

(mm) Reg. v. Bradford, 2 C. & D. 41.

(n) Sec. 33 provides for notice of action, tender of amends, &c. Sec. 32 takes away the certiorari, &c. Sec. 41 provides for summary proceedings.

The words, "or officer of police," were introduced in the House of Commons quite unnecessarily, as without doubt every officer of police is a peace officer; and they render this clause inconsistent with other clauses in some of the other Acts. Sec. 38. "Whenever any person shall be convicted of any indictable misdemeanor punishable under this Act the Court may, if it shall think fit, in addition to or in lieu of any of the punishments by this Act authorized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behavior; and in case of any felony punishable under this Act, the Court may, if it shall think fit, require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorized; provided that no other person shall be imprisoned under this clause, for not finding sureties, for any period exceeding one year."(nn)

Sec. 39. " Whenever imprisonment, with or without hard labor, may be awarded for any indictable offence under this Act, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labor, in the common gaol or house of correction."

Sec. 40.

66

Whenever solitary confinement may be awarded for any offence under this Act, the Court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labor, not exceeding one month at any one time, and not exceeding three months in any one year."

Sec. 42. In all prosecutions for any offence against this Act in England, which shall be conducted under the direction of the Solicitors of Her Majesty's Treasury, the Court before which such offence shall be prosecuted or tried shall allow the expenses of the prosecution in all respects as in cases of felony; and in all prosecutions for any such offence in England which shall not be so conducted it shall be lawful for such Court, in case a conviction shall take place, but not otherwise, to allow the expenses of the prosecution in like manner; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.”(nn)

Before the passing of this Act the costs of mint prosecutions were paid by the Treasury wherever they were conducted by the Solicitors of the Treasury; but in no other case. As the Solicitors of the Treasury were accustomed to employ attorneys in the country to conduct these prosecutions, and they did not always like to pay the witnesses before they had received the costs of the * *prosecu[*105 tion from the Treasury, it sometimes happened that the witnesses did not get their expenses till a considerable time after the trial, and the earlier part of this clause was introduced in order that the attorneys might at once obtain the costs of the prosecutions, and pay the witnesses their expenses; and, as in all mint prosecutions so conducted the expenses were invariably paid, the first part of the clause is imperative, and the Court must allow the expenses.

It sometimes also happened that private individuals conducted mint prosecutions, after the officers of the mint had declined to prosecute, and, considering the importance of bringing offenders in such cases to justice, it was thought expedient to give the costs in some of these cases; the second part of the clause therefore gives the Court a discretion to grant the costs is such cases, provided a conviction takes place, but not otherwise. This provision will on the one hand encourage prosecutions where there are substantial grounds for them, and on the other hand it will prevent speculative prosecutions where the evidence is unsatisfactory.

This clause is confined to England, as it was introduced to provide for the state of things there existing.

In many instances of offences relating to the counterfeiting coin, the Legislature have made special provisions for securing the base coin, and also the tools of the offenders; in order that they may be produced in evidence, and afterwards be disposed of in a proper manner. (0)

(nn) This clause is new.

(0) The Legislature has made other provisions for the suppression of base coin, or coin