Marking the edges of coin. in this kingdom are generally settled by indenture between the king and the master of the mint: but the statute, 56 Geo. 3. c. 68. provided, with respect to the new silver coinage, that the bullion shall be coined into silver coins of a standard and fineness of eleven ounces two pennyweights of fine silver, and eighteen pennyweights of alloy in the pound troy, and in weight after the rate of sixty-six shillings to every pound troy, whether the same be coined in crowns, half-crowns, shillings, or sixpences, or pieces of a lower denomination. A proclamation has in some cases been made as a more solemn manner of giving the coin currency; but the proclamation in general cases is certainly not necessary, and in prosecutions for coining need not be proved. (c) And it is not necessary in such prosecutions to produce the indentures; though it be of use in case of any new coin with a new impression, not yet familiar to the people, to produce either the indentures, or one of the officers of the mint cognizant of the fact, or the stamps used, or the like evidence. But in general, whether the coin, upon a question of counterfeiting or impairing it, be the king's money or not, is a mere question of fact which may be found upon evidence of common usage or notoriety. (d) It should be observed, that any coin, once legally made and issued by the king's anthority, continues to be the current coin of the kingdom until recalled, notwithstanding any change in the authority by which it was constituted. (e) may Some verbal difference is observable in the wording of several of the statutes on the subject of the coin since the Revolution. The statute 8 and 9 W. 3. c. 26. speaks of the gold and silver coin "of this kingdom," or "current within this kingdom." The statute 15 Geo. 2. c. 28. in one part expresses by name "guineas and half-guineas," and "shillings and sixpences," and is consequently confined to those identical coins. In another part it speaks of counterfeit money generally. The statute 11 Geo. 3. c. 40. as to the copper coin, and the statute 37 Geo. 3. c. 126. s. 2. as to gold and silver coin, describe each as the coin of "this realm,' following the words of the more ancient statutes. No stress can be laid upon such verbal differences between statutes passed in pari materia: the construction which the reason of the thing points out must be such as the words are capable of receiving without violence to their proper or accepted legal signification. (f) Besides the counterfeiting of the king's money within the statute 25 Edw. 3. st. 5. c. 2. which has been already mentioned, the (c) East. P. C 149, where see some cases in which proclamation by the writ of proclamation under the great seal, or a remembrance thereof, is considered to be necessary to prove a coin current; and it is also stated, that by the act of the 37th Geo. 3. c. 126. s. 1. relative to a copper coinage, the king's proclamation is made necessary; and seems, therefore, to be required in proof of any indictment upon that statute. (d) 1 East. P. C. 149. But in the case of old coin which has gradually fallen into disuse, though still the legal coin of the king, there can be no general notoriety of the fact. (e) 1 East. P. C. 148. where it is said also, that this recal may be by proclamation; and long disuse may, it is conceived, be evidence of it. It has also been effected by act of Parliament, as by 9 W. 3. c. 2. and 6 Geo. 2. c. 26. (f) 1 East. P. C. 157. offence of high treason may also be committed by marking on the edges of any of the current or diminished coin of this kingdom, or counterfeit coin resembling the coin of this kingdom, with letters or grainings, or other marks or figures, like those on the edges of money coined in his Majesty's mint. This provision is by stat. 8 and 9 W. 3. c. 26. s. 3. (g) which enacts, that "if any person "(other than the persons employed in his Majesty's mint or mints, "or such as shall have authority from the Lords Commissioners of "the Treasury, or Lord High Treasurer of England for the time "being,) (h) shall mark on the edges any the current coin of this "kingdom; or if any person whatsoever shall mark on the edges any of the diminished coin of this kingdom, or any counterfeit "coin resembling the coin of this kingdom, with letters, or grain"ings, or other marks or figures like unto those on the edges of money coined in his Majesty's mint; every such offence shall be "adjudged high treason; and the offenders therein, their counsel"lors, procurers, aiders, and abettors, being thereof convicted or “attainted, shall suffer death, &c." (i) pences to re guineas, and making halfpence or farthings resem ble shillings or sixpences. Making shillings or sixpences to resemble guineas or half- Making shilguineas, and making halfpence or farthings to resemble shillings lings or sixor sixpences, amount also to the crime of high treason. The sta- semble guitute 15 Geo. 2. c. 28. s. 1. provides, "that if any person shall neas or half "wash, gild, or colour any of the lawful silver coin called a shil"ling or a sixpence, or any counterfeit or false shilling or sixແ pence, or add to or alter the impression, or any part of the "impression, of either side of such lawful or counterfeit shilling or "sixpence, with intent to make such shilling resemble, or look "like, or pass for a piece of lawful gold coin called a guinea, or "with intent to make such sixpence resemble, or look like, or pass "for a piece of lawful gold coin called a half-guinea; or shall file "or anywise alter, wash, or colour, any of the brass monies called halfpennies or farthings, or add to or alter the impression, or "any part of the impression, of either side of a halfpenny or "farthing, with intent to make an halfpenny resemble, or look like, or pass for a lawful shilling, or with intent to make a farthing "resemble, or look like, or pass for a lawful sixpence; such "offenders, their counsellors, aiders, abettors, and procurers, shall "be guilty of high treason." (k) 66 25. (g) Made perpetual by 7 Ann. c. (h) This exception seems unnecessary, and would have been implied by law on behalf of persons so employed by his Majesty's authority. But yet it was holden about Hil. T. 13 W. 3. by all the Judges, that in an indictment on that act, it ought to be averred, that the party was not employed in the Mint, or authorised by the treasurer, &c.; because the exception of such persons is within the enacting clause; and the want of such an authority is part of the description of the offence itself. This question was moved by Mr. Justice Turton, who had convicted one upon this statute at York, upon an indictment which had (i) By 7 Ann. c. 25. s. 2. the prose- (k) But the fourth section provides, that the blood shall not be corrupted. By the fifth section, offenders are to be indicted, arraigned, tried, and convicted, by such like evidence, and in such manner, as were then used and allowed against any offenders for Gilding or silvering coin or blanks, or gilding silver blanks. Of counter feiting foreign gold, silver, or copper coin. There are other acts which are only preparatory to and in the progress of actually counterfeiting the coin which are made high treason by the fourth section of the statute 8 and 9 W. 3. c. 26, which provides that "if any person shall colour, gild, or case over "with gold or silver or with any wash or materials producing the "colour of gold or silver, any coin resembling any of the current "coin of this kingdom, or any round blanks of base metal, or of coarse gold or coarse silver, of a fit size and figure to be coined "into counterfeit milled money resembling any the gold or silver "coin of this kingdom, or if any person shall gild over any silver "blanks of a fit size and figure to be coined into pieces resembling "the current gold coin of this kingdom;" all such offenders, their counsellors, procurers, aiders, and abettors, shall be guilty of high treason. (1) The statute 56 Geo. 3. c. 68. s. 17, relating to the new silver coinage, enacts that all and every act and acts in force immediately before the passing of that act respecting the coin of this realm, or the clipping, diminishing, or counterfeiting of the same, or respecting any other matters relating thereto, and all provisions, proceedings, penalties, forfeitures, and punishments therein contained or directed, not expressly repealed by that act, and not repugnant or contradictory to the enactments and provisions of that act, shall be and continue in full force and effect; and shall be applied and put in execution with respect to the silver coin to be coined in pursuance of the directions of that act as fully and effectually to all intents and purposes whatsoever, as if the same were repeated and re-enacted in that act. These statutes of 25 Edw. 3. 8 and 9 W. 3. 15 Geo. 2. and 56 Geo. 3. c. 68, relate only to the coin of the realm usually called, in the sense which has been before given, the king's money. We come now to the counterfeiting of foreign coin. II. The counterfeiting of foreign coin either of gold, silver, or copper, is made highly penal by several statutes. Counterfeiting such gold or silver foreign coin as is current here was made treason for the first time by the statute 4 Hen. 7. c. 18. That statute was repealed by 1 Mar. c. 1.: but its provisions were revived by 1 Mar. st. 2. c. 6. which enacts that "if any person or persons "falsely forge or counterfeit any such kind of coin of gold or silver, "as is not the proper coin of this realm, and is or shall be current "within this realm by the consent of the crown, they and their "counsellors, procurers, aiders, and abettors, shall on conviction "be adjudged guilty of high treasm." (m) The statute 14 Eliz. counterfeiting the lawful coin; pro- () No corruption of blood. Prosecutions are to be commenced within three months after the offence comnitted, s. 9. But in Willace's case, 1 East P. C. c. 4. s 31. p. 186, it was held that the information and proceeding before a magistrate were the commencement of the prosecution, and not the preferring the indictment. (m) The consent of the crown must be notified under the great seal by proclamation, and a writ annexed c. 3, enacts that "if any person falsely forge or counterfeit any "kind of coin of gold or silver of other realms as is not the proper "coin of this realm, nor permitted to be current within this realm; "such offence shall be adjudged misprision of high treason; and "the offenders, their procurers, aiders, (n) and abettors, being con"vict, shall be imprisoned, and forfeit such lands, goods, and "chattels, as in case of misprision of treason." Both these statutes are to be understood of the counterfeiting of such foreign coin as is for the most part gold or silver: (o) and the offence described in the statute of Elizabeth was only punishable at common law as a misdemeanor. (p) The statute 37 Geo. 3. c. 126., recites the great increase of the practice of counterfeiting gold or silver coin not current here; and enacts "that if any person or persons shall hereafter make, coin, "or counterfeit, any kind of coin not the proper coin 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 state, &c. or to pass as such foreign coin; such person or persons offending therein shall be deemed guilty of felony, and may be transported for any term of years not ex"ceeding seven.' 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. (q) 66 66 The statute 43 Geo. 3. c. 139. s. 3. relates to the counterfeiting of foreign coin of copper, or of other metal of less value than silver not current here, and enacts "That if any person shall within "any part of the 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 any 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." The act further provides that persons against whom any bill of indictment shall be found shall not be entitled to traverse the same to any subsequent assizes or sessions, but shall be tried upon the bill being found, unless there shall be good cause why the trial should be thereto; the statute 17 Ricb. 2. c. 1. having provided that foreign coin shall not run in payment in England. (a) By "aiders" is meant such as aid in the fact, and not aiders of the offender after the fact. 1 Hale 376. (0) Hale 210, 311, 328. (p) 1 East. P. C. c. 4. s. 10. p. 160. (7) 1 East. P. C. c. 4. s. 10. p. 161. and c. 10. s. 3, & 6. The 6th scct. of the 37 Geo. 3. c. 126. makes persons having in their custody more than five pieces of such counterfeit foreign coin liable to a penalty not exceeding 57. nor less than 408. upon conviction before a justice of peace, for every such piece of coin. And the proceedings before the justice are not to be quashed for want of form, or removed by certiorari. Of counterfeit ney. postponed. (r) And a provision is also made for the certificate of a former conviction being sufficient evidence of that fact in cases where persons are tried for second offences. (s) III. The statute 15 Geo. 2. c. 28. s. 6. reciting that the coining ing copper mo- or counterfeiting the copper money of this kingdom was only a misdemeanor, and the punishment often very small, enacts that any person making, coining, or counterfeiting any brass or copper money, commonly called a halfpenny, or a farthing, his aiders, abettors, and procurers, shall suffer two years' imprisonment, and find sureties for good behaviour for two years more. (t) But the 11 Geo. 3. c. 40. s. 1. makes the offence felony, enacting "that "if any person shall make, coin, or counterfeit, any of the copper "monies of this realm commonly called a halfpenny or a farthing, "such offender, his counsellors, aiders, abettors, and procurers, "shall be adjudged guilty of felony." But clergy is not taken away, and the punishment under this statute appears to be only a year's imprisonment; which punishment is founded on the general statute of 18 Eliz. c. 7. s. 3.(u) The offence of The statute 37 Geo. 3. c. 126. enacts that the provisions of the 15 Geo. 2. c. 28., relating to the copper monies of the realm commonly called a halfpenny and a farthing, and also the statute 11 Geo. 3. c. 40., and all other acts concerning the copper monies of the realm commonly called a halfpenny and a farthing, or any other copper money of the realm, shall extend "to all such pieces "of copper money as shall be coined and issued by order of His Majesty, his heirs and successors, and as shall by his or their royal proclamation be ordered to be deemed and taken as cur"rent money of this realm," in the same manner as if such pieces had been particularly mentioned and described in such acts respectively. From the manner in which the King's proclamation is here made necessary to the currency of the coin, it seems to be required in proof of any indictment upon this statute. (w) It is stated as a question whether under this statute it is not optional to prosecute either for a misdemeanor as the offence is made by the statute 15 Geo. 2.; or for a felony as it is made by that of the 11 Geo, 3.; since the provisions of both statutes are extended to any new copper coinage. But yet it is observed, that such an option, without varying circumstances, is unusual, and incongruous with the general rule of law, that the misdemeanor is merged in the felony. (x) With respect to the offence of counterfeiting the coin in general counterfeiting it may be observed, that not only all such as counterfeit the King's the coin may be committed by officers in the mint. (r) Sect. 4. (s) Sect. 5. By the 6th section of the act persons having more than five pieces of such counterfeit foreign coin in their possession are liable to a penalty not exceeding 40s. nor less than 108. upon conviction before a justice of the peace. And by sect. 8. no proceeding touching the conviction of any offender before any justice of the peace shall be quashed for want of form, or removed by certiorari. (1) If offenders being out of prison impeach two others so that they shall be convicted, the offenders so impeaching shall be pardoned; sect. 8. (u) Rex v. West and Others, 1 East. P. C. c. 4. s. 11. p. 162. The stat. 18 Eliz. c. 7. s. 3. provides that upon allowance of clergy the offenders may be imprisoned for any time not exceeding a year. (w) 1 East. P. C. c. 4. s. 2. p. 149. |