24.

When the

overt act is

&c., the of

fender may

$21 Provided always, and be it &c., that in all cases of high 1 & 2 G. 4, c. treason, in compassing and imagining the death of the king, and of misprision of such treason, where the overt act or overt acts of such treason, which shall be alleged in the indictment for such an offence, shall be assassination or killing of the king, or any assassination direct attempt against his life, or any direct attempt against his person, whereby his life may be endangered, or his person may suffer bodily harm; the person or persons charged with such offence, in that part of the United Kingdom called Ireland, may be indicted, arraigned, tried, and attainted in the same manner, and according to the same course and order of trial in every respect, and upon the like evidence, as if such person or persons stood charged with murder.

be tried as in cases of mur

der.

misdemeanor.

43 Geo. 3, c. 139, s. 3.-That if any person, from and after Counterfeitthe passing of this act, shall, within any part of the said United ing foreign Kingdom, make, coin, or counterfeit any kind of coin, not the copper coin; 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; then, every person so offending shall be deemed and taken to be guilty of a misdemeanor and breach of the peace; and being thereof convicted according to law, shall, for the first offence, be imprisoned for any time not exceeding one year, and for the second offence, be transported to any of his majesty's colonies or plantations for the term of seven years.

4. That no person, against whom any bill of indictment shall be found at any assizes or sessions of the peace, for any offence against this act, shall be entitled to traverse the same to any subsequent assizes or sessions; but the court, at which such bill of indictment shall be found, shall forthwith proceed to try the person or persons against whom the same shall be found, unless he or they shall shew good cause, to be allowed by the court, why his, her, or their trial should be postponed.

persons indicted shall

not traverse in prox.

viction shall

5. That if any person shall be convicted of any offence against Certificate of this act, and shall afterwards be guilty of the like offence in any former conother county, city, town, or place; the clerk of the assize, clerk of the peace, or town clerk for the county, city, town, or place where such former conviction shall have been had, shall, at the request of the prosecutor, or any other on his majesty's behalf,

be evidence, on trial for second of

fence.

43 G. 3, c. 139. certify the same by a transcript in few words, containing the effect and tenor of such conviction; for which certificate two shillings and sixpence, and no more, shall be paid; and such certificate being produced in court, and the hand-writing of such clerk of assize, clerk of the peace, or town clerk thereto being proved, shall be sufficient evidence of such former conviction.

6. That 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 or more credible witness or witnesses, before one of his majesty's justices of the peace, shall forfeit and lose all such false aud counterfeit coin, which shall be cut in pieces and destroyed by order of such justice; and shall, for every such offence, forfeit and pay any sum of money not exceeding forty shillings, nor less than ten shillings, for every such piece of false or counterfeit coin which shall be found in the custody of such person; one moiety to the informer or informers, and the other moiety to the poor of the parish where such offence shall be committed; and in case any such penalty shall not be forthwith paid, it shall be lawful for any such justice to commit the person who shall have been adjudged to pay the same, to the common gaol or house of correction, there to be kept to hard labour for the space of three calendar months, or until such penalty shall be paid.

7. That it shall and may be lawful to and for any one justice of the peace, on complaint made before him upon the oath of one credible person, that there is just cause to suspect that any one or more person or persons is, or are, or hath, or have been concerned in making or counterfeiting any such false or counterfeited foreign coin as aforesaid, by warrant under the hand of such justice, to cause the dwelling-honse, room, workshop, outhouse, or other building, yard, garden, or other place belonging to such suspected person or persons, or where any such person or persons shall be suspected to carry on any such making or counterfeiting, to be searched for any such false or counterfeit coin, or for tools or implements for coining such false or counterfeit coins, or for materials for making or coining the same and if any such false or counterfeit coin, or any such tools or implements, or any such materials for making any such false or counterfeit coin, shall be found in any place so searched; or if any such tools, implements, or materials shall be found in the custody or possession of any person or persons whomsoever, not having the same by some lawful authority; it shall and may be lawful to and for any person or persons whatsoever discovering the same, to seize, and he and they are hereby authorized and required to seize such false or counterfeit coin, tools, implements, and materials, and to carry the same forthwith to a justice of the peace of the county, city, town, or place, where the

same shall be seized ; who shall cause the same to be secured, 43 G. 3, c. 139. and produced in evidence against any person or persons who shall or may be prosecuted for any of the offences aforesaid, in some court of justice proper for the determination thereof; and after such time as any such false or counterfeit coin, or any such tools, implements, or materials shall have been produced in evidence as aforesaid, as well so much and such parts thereof as shall have been so produced, as every other part thereof so seized and not made use of in evidence, shall forthwith, by order of the court where such offender or offenders shall be tried, or by order of some justice of the peace, in case there shall be no such trial, be defaced or destroyed, or otherwise disposed of as such court or such justice shall direct.

quashed or

8. That no proceedings to be had, touching the conviction of Proceedings any offender against this act, before any justice of the peace, shall not to be be quashed for want of form, or be removed by writ of certiorari, removed. or any other writ or process whatsoever, into any of his majes ty's courts of record at Westminster or Dublin.

2 Will. 4, c. 34, (a) s. 1.—Whereas the offence of counterfeiting the coin, as well as certain other offences relating to the coin, are now, by virtue of several statutes, punishable with death; and whereas it is expedient to abolish the punishment of death in all such cases, and to repeal the several statutes against offences relating to the coin, in order that the provisions thereof may be amended and consolidated into one act; be it therefore, &c. &c. (b) Provided always, that if any person shall, after the commencement of this act, be convicted of any offence against any of the said acts, committed before or upon the said last day of April, and such offence shall have been punishable with death by virtue of any of the said acts; in every such case, the person convicted of such offence shall not suffer the punishment of death, but shall, in lieu thereof, be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without hard labour, for any term not exceeding four years.

3. That if any person shall falsely make or counterfeit any coin resembling, (c) or apparently intended to resemble or pass for,

(a) Entitled, "An act for consolidating and amending the law's against offences relating to the coin."

(b) By the enacting part of this section, several acts and parts of acts are repealed, after the 30th of April, 1832, except so far as they repeal other acts, or are in force out of the United Kingdom; and except as to offences committed before, or upon that day. By s. 2, the present act takes effect on the 1st of May,

(c) Rex v. Smith, Armagh Spr. Ass. 1832. The prisoner was indicted at common law for procuring two pieces of base coin,

Offences committe to the mitted prerepeal of old acts, may be tried under them after repeal; but the not to be capunishment pital.

Counterfeiting the gold

or silver coin.

2 W. 4, c. 34. any of the king's current gold or silver coin ; every such offender 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 transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and every such offence shall be deemed to be complete, although the coin so made or counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.

Offence when

deemed com

plete.

4. That if any person shall gild or silver, or shall, with any wash or materials capable of producing the colour of gold or of silver, wash, colour, or case over, any coin whatsoever resembling, or apparently intended to resemble or pass for any of the king's current gold or silver coin; or if any person shall gild or silver, or shall, with any wash or materials capable of producing the colour of gold or of silver, wash, colour, or case over, any piece of silver or copper, or of coarse gold or coarse silver, or of any metal or mixture of metals respectively, being of a fit size and figure to be coined, and with intent that the same shall be coined into false and counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin; or if any person shall gild, or shall, with any wash or materials capable of producing the colour of gold, wash, colour, or case over, any of the king's current silver coin, or file, or in any manner alter such coin, with intent to make the same resemble or pass for any of the king's current gold coin; or if any person shall gild or silver, or shall, with any wash or materials capable of producing the colour of gold or of silver, wash, colour, or case over, any of the king's current copper coin, or file, or in any manner alter such coin, with intent to make the

made and counterfeited to the resemblance of a shilling. The coins in question, when given in evidence, appeared to bear the stamp of shillings, and to have been at one time plated or silvered; but they were then much worn and rubbed, especially at the edges, where the copper distinctly appeared. In fact, no person of ordinary observation would have received them, if tendered by day-light. Sixty-nine other pieces of copper coin, made to resemble shillings and half-crowns in size and impression, but without any colouring matter whatever upon them, were also found in the prisoner's possession. G. Robinson on his behalf, contended that the indictment was not sustained. Joy, C.B., took a note of the objection, but allowed the trial to proceed. The prisoner having been convicted, the question was reserved for the consideration of the twelve judges; who, having inspected the coins, were unanimously of opinion that they sufficiently resembled the current coin, to warrant the conviction.

3

same resemble or pass for any of the king's current gold or silver 2 W. 4, c. 34. coin; every such offender 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 transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years.

5. That if any person shall impair, diminish, or lighten any of the king's current gold or silver coin, with intent to make the coin so impaired, diminished, or lightened, pass for the king's current gold or silver coin ; every such offender 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 transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned for any term not exceeding three years.

Impairing the gold or silver tent &c.; fe

coin, with in.

lony.

Buying or selling &c. gold or silver coin for less

counterfeit

than its denomination im

ports, or im

porting counterfeit coin ;

6. That if any person shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit coin, resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, at or for a lower rate or value than the same by its denomination imports, or was coined or counterfeited for; or if any person shall import into the United Kingdom from beyond the seas, any false or counterfeit coin, resembling, or apparently intended to resemble felony. or pass for, any of the king's current gold or silver coin, knowing the same to be false or counterfeit; every such offender 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 transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years.

7. That if any person shall tender, utter,(a) or put off any false or counterfeit coin, resembling, or apparently intended to

Uttering counterfeit

gold or silver

coin.

Indictment for larceny of be joined with

coin, not to

indictment for uttering.

(a) Rex v. Roper, Monaghan Sum. Ass. 1832. The prisoner was indicted for stealing a half-crown piece from William Purcell, and also for uttering a base half-crown piece to William Purcell. Both charges arose out of the same transaction, which is commonly known by the name of "ringing the changes." Sir T. Staples, for the crown, applied to have the prisoner given in charge on both indictments together, saying at the same time, that a difference of opinion and practice had existed among the judges on that subject. SMITH, B., put him to his election. The prisoner having been tried and convicted of the larceny, was then given in charge for the uttering, in order to an acquittal; no evidence for the prosecution being offered. The jury however, fore the ver contrary to expectation, found him guilty on this indictment also. It was then suggested that a nolle prosequi might be entered, which could be done at any time before the verdict was recorded;

A nolle prosequi may be

entered at any time be

dict is recorded.