No. LVIII. 6 & 7 W. III. c. 17. Apprentice discovering made a freeman. Proof of foreign bullion to lie upon the owner, &c. Penalty upon exporter not entering in name of owner, &c. P. No. LX. 7 and 8 c. 19. any such discoverer shall himself have, and is hereby entitled to, the gracious pardon of his Majesty, his heirs and successors, for all such crimes which he or they have committed at any time or times before such discovery made: And if the person making such discovery be an apprentice, he shall be deemed and taken, and is hereby declared a freeman, and shall have and may exercise any lawful trade, profession, or mystery, with all liberties and privileges, and in as full and ample manner, as if the said person had served the full time of his apprenticeship; any law, statute, custom, or ordinance to the contrary notwithstanding. XIII. And be it further enacted, by the authority aforesaid, That in case any seizure shall happen of any bullion shipped to be exported, and a doubt arise thereon, whether the same be English or foreign bullion, that then the proof shall lie upon the owner, claimer, or exporter of such bullion, that the same is foreign bullion, and had not been melted down in this realm of Englund, dominion of Wales, or town of Berwick-upon-Tweed. XIV. And be it further enacted by the authority aforesaid, That in case any person or persons enter or ship any bullion, allowed by this Act to be exported beyond the seas, other than in the name of the true owner and proprietor or importer, the exporter thereof shall forfeit the same, or the full value thereof; one moiety to his Majesty, his heirs and successors, and the other moiety to the person who shall seize or discover the same. [No. LIX.] 7 and 8 William III. c. 1.-An Act for remedying the ill state of the Coin of the Kingdom. [No. LX.] 7 and 8 William III. c. 19.-An Act to encourage the bringing Plate into the Mint to be coined, and for the remedying the ill state of the Coin of the Kingdom. XI. AND to the end the subject, after so great a contribution and charge for making good the deficiency of clipt money, may not remain under any part of the mischiefs which the continuance of the currency of William III. such money will occasion, be it further enacted, That whosoever, after the fourth day of May, one thousand six hundred ninety-six, shall take or receive any such clipt money, otherwise than according to the directions, and in pursuance of an Act of this present session of Parliament, intituled, An Act for remedying the ill state of the Coin of the Kingdom, in any payment whatsoever, as if it were lawful money, shall forfeit double the value of the silver so received, to the use of such person as will inform or prosecute for the same, to be recovered in such manner and form as the forfeiture for uttering money clipt, after a hole has been punched through it, in pursuance of an Act made in this present session of Parliament, is directed to be recovered by the said Act; and the justices of the peace are hereby impowered to hear and determine such information or prosecution accordingly. Penalty for taking clipt money in pay ment. No. LXIII. 8 and 9 [XII. Guineas to be at 22s.] [No. LXI.] 8 William III. c. 2.-An Act for the further remedying the ill state of the Coin of the Kingdom. [No. LXII.] 8 William III. c. 8.-An Act for encouraging the bringing in wrought Plate to be coined. [No. LXIII.] 8 and 9 William III. c. 26.—An Act for the better preventing the counterfeiting the current Coin of this Kingdom. William III. WHEREAS, notwithstanding the good laws still in force against the counterfeiting of the monies and coins of this realm, yet the said c. 26. 'offence doth and is like daily to increase, to the manifest wrong and in'jury both of his Majesty and all his loving subjects, being very much occasioned for want of a due and condign punishment to be inflicted upon 'such artificers and others, who, without any lawful authority, do make or use puncheons, stamps, dyes, and other engines and instruments, which are commonly used, or may be made use of, in or about the coining of money:' For redress of which so great and growing a mischief, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the fifteenth day of May, one thousand six hundred ninety-seven, no smith, engraver, founder, or other person or persons whatsoever, (other than and except the persons employed or to be employed in or for his Majesty's mint or mints in the Tower of London, or elsewhere, and for the use and service of the said mints only, or persons lawfully authorized by the Lords Commissioners of the Treasury, or Lord High Treasurer of England for the time being,) shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending of any puncheon, counter puncheon, matrix, stamp, dye, pattern, or mould of steel, iron, sil, ver, 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 current 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 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 engine, 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 conceal, or, without lawful authority or sufficient excuse for that purpose, (1) knowingly have in his, her, or their houses, custody, or possession, any such puncheon, counter puncheon, matrix, stamp, dye, edger, cutting engine, or other tool or instrument before mentioned; (2) and if any smith, (1) (2) The defendant had a press, of the same sort as those used in the mint, but proper for certain manufactures; not proved to be used in such manufactures, or in counterfeiting the coin of this kingdom, but intended to be used in counterfeiting foreign pieces:-Ruled, 1st. That a press for coinage was within the Act. 2d. (dissentiente Ryder C. J. and Foster,) That the facts stated were a sufficient excuse; Bell's Case, Foster, 430, 1 E. P. C. ch. 4. § 17.-The dissentient judges held that it was incumbent on the defendant to shew a lawful excuse; and that the excuse alleged was not sufficient, and it appears that Sir M. Foster continued to retain the same opinion, An indictment may be for possessing a mould, which is one of the articles mentioned in the preceding part of the section, without stating it to be a tool or instrument. The allegation of its being a mould, on which was impressed the similitude of a shilling, was held to be sufficiently proved, although the evidence was of a mould on which the resemblance of one of the sides of a shilling was inverted: although the judges thought it would have been more accurate to have described it as a figure which would make the figure of one of the sides of a shilling; Leonard's Case, 1 E. P. C. c. 4. § 17. Upon an indictment for possession of puncheons, upon which, as stated in the first count, were impressed the figure, &c. of the head side of a shilling, and, as stated in the second count, which could make and impress the figure, &c.; it was proved that the puncheon consisted of a shilling cut away to the outline of the head, and fixed upon a piece of steel cut close to the outline, without letters; which puncheon makes the die or counterpuncheon; and which puncheon alone, without the die or counter-puncheon, would not make the figure: Ruled, that the case was sufficiently proved; as the puncheon would, by means of the counter-puncheon, make the figure; and that it was not necessary that it should be an exact figure, but if the instrument would impress a resemblance in point of fact, such as would impose upon the world, it was sufficient, whether the letters were apparent on the puncheon or not. It was also agreed, that it was not necessary to prove that money had been actually made with the instrument; Ridgeley's Case, 1 E. P. C. c. 4. §18. In Welch's Case, Leach, 293, 1 E. c.4. $13, it was ruled, that an indictment for counterfeiting the likeness of a shilling was supported by proof of a blank, without any impression, being found by the jury to be of the likeness and similitude; and from Ridgeley's 8 and 9 William III. No. LXIII. engraver, founder, or other person or persons whatsoever, (other than and except as aforesaid,) shall offend in any the matters or things aforesaid, then all and every such offender and offenders, their counsellors, procurers, aiders and abettors, shall be, and is and are hereby adjudged to be guilty of high treason, and being of the said offences, or any of them, convicted or attainted, according to the order and course of the laws of this realm, shall suffer death as in case of high treason. c. 26. Offenders, &c. guilty of high treason, and shall suffer death. Persons conveying out of the mint any puncheon, &c. and concealing the same, to be guilty of high treason. Like penalty on persons marking the edges of any counterfeit coin, or colouring, gilding, &c. any coin resembling the current coin. II. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever, from and after the said fifteenth day of May, shall, without lawful authority for that purpose, wittingly or knowingly convey, or assist in the conveying out of his Majesty's mint in the Tower of London, or out of any other of his Majesty's mints, any puncheon, counter puncheon, matrix, dye, 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, that then as well the said person and persons so offending, their counsellors, procurers, aiders or abettors, as also all and every person or persons knowingly receiving, hiding or concealing the same, shall be, and is and are hereby adjudged to be guilty of high treason, and being of the said offences, or any of them, convicted or attainted, according to the order and course of the laws of this realm, shall suffer death as in case of high treason. III. And be it further enacted by the authority aforesaid, That if any person or persons (other than the persons employed in his Majesty's mint or mints, (1) or such as shall have authority from the Lords Commissioners of the Treasury, or Lord High Treasurer of England for the time being,) shall, after the said fifteenth day of May, mark on the edges any the current coin of this kingdom, or if any person or persons 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 grainings, or other marks or figures like unto those on the edges of money coined in his Majesty's mint, every such offence shall be, and is hereby adjudged to be high treason, and the offender and offenders therein, his and their counsellors, procurers, aiders and abettors, being thereof convicted or attainted, according to the order and course of the laws of this realm, shall suffer death as in case of high treason. IV. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever, after the said fifteenth day of May, shall colour, (2) 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 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 (3) money, resembling any the gold or silver coin of this kingdom, or if any person or persons 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 and every such person and persons so offending, their counsellors, procurers, aiders and abettors, shall be, and is and are hereby adjudged to be guilty of high treason, and being convicted or attainted case, supra, it appears, that whatever resemblance would be sufficient with respect to actual counterfeiting, would also be sufficient with respect to the possession, &c. of tools or instruments. In Varley's Case, 2 Bl. Rep. 632, it was ruled, that an irregular piece, not rounded so as to be in a state to pass current, was incomplete, and did not amount to a counterfeiting. In Salter's Case, Temp. Hard. 370, it was held, that bare possession of stamps which would make print of the figure of the current coin, was not a misdemeanor at common law. (1) It is necessary, in an indictment on this Act, to allege that the party was not employed, &c.; 1 East, c. 4. § 15. (2) Steeping round blanks in aquafortis, which exhibited the appearance of lead, and by rubbing a little would readily pass current, (although they would not pass current in their then state,) was ruled to be a complete offence, as colouring; R. v. Case, (1795) 1 East, c. 14. §14. Steeping in a wash which will extract the latent silver, is a colouring; the Act not being confined to such colouring as is produced by some outward application; (1776) R. v. Lang and Parker, ibid. (3) Milled money means pressed, as distinguished from hammered. All the money now current is milled; R. v. Bunning, 1 E. c. 4. § 27; Dorrington's Case, and Jacob's Case, ibid. thereof, according to the order and course of the laws of this realm, shall No. LXIII. suffer death as in case of high treason. 8 and 9 William III. person not employed in the mints, may be seized and produced in evidence. V. And be it further enacted by the authority aforesaid, That if any puncheon, dye, stamp, edger, cutting engine, press, flask, or other tool, instrument or engine, used or designed for coining or counterfeiting gold or c. 26. silver monies, or any part of such tool or engine, shall, at any time after the said fifteenth day of May, be hid or concealed in any place, or found Puncheon, in the house, custody or possession of any person or persons whatsoever, dye, &c. found not then employed in the coining of money in some of his Majesty's mints, in the possesnor having the same by some lawful authority, that then it shall and may sion of any be lawful to and for any person or persons whatsoever, discovering the same, to seize, and he and they are hereby required to seize the same, and to carry them forthwith to some justice of peace of the county, city, or place where the same shall be so seized, and by him secured, to be produced in evidence against any person or persons who shall or may be prosecuted for any such offence, in some court of justice proper for the determination thereof, and after such time as they, or any of them, shall have been produced in evidence, as well the same so produced, as the other so seized, and not made use of in evidence, and every of them, shall forthwith, by order of that court where such offender or offenders shall be tried, or by order and in the presence of such or some other justice of the peace, in case there be no such trial, be totally defaced and destroyed; and if, Counterfeit after the said fifteenth day of May, any counterfeit or unlawfully dimi- money, &c. nished money shall be produced in any court of justice, either in evidence produced in against any person or persons, for any offence relating to the counterfeiting evidence, to be or unlawfully diminishing of money, or otherwise, that then, or immediate- cut in pieces. ly after evidence given, the judge or judges of such court shall cause such monies to be cut in pieces in open court, or in the presence of some justice of the peace, and then to be delivered to or for such person or persons to whom the same of right shall appertain. copper blanching copper for sale, or mixing blanched copper with silver, &c. 6 VI. And whereas several mixtures of metals have been invented in imi- Persons ❝tation of gold and silver, and blanched copper is principally made use of in imitation of silver, and seldom, if ever, for any honest or good purpose; Be it further enacted by the authority aforesaid, That if any person or persons whatsoever, after the said fifteenth day of May, shall blanch 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 composi tion 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 standard, or shall take, receive, pay, or put off, (1) any counterfeit milled (2) money, or any milled money whatsoever unlawfully diminished, and not cut in pieces, at or for a lower rate or value than the same, by its denomination, doth or shall import, or was coined or counterfeited for, to be guilty of that then all and every such person and persons shall be deemed and ad- felony. judged guilty of felony, and being thereof convicted or attainted, according to the order and course of the laws of this realm, shall suffer death as in case of felony. VII. Provided always, and be it enacted by the authority aforesaid, That Attainder by this Act, or any thing therein contained, or any attainder or attainders of this Act not to any person or persons for any offence or offences made treason or felony make corrupby this Act, shall not in any wise extend, or be judged, interpreted, or ex- tion of blood, pounded, to make any corruption of blood to any the heir or heirs of any (1) There must be an actual putting-off. The prisoner took the pieces to a person who had agreed to purchase them at a certain rate, and laid them down on a table, where the other person was proceeding to count them, and had counted part of the heap when the officers came in, but had not paid for such as she had selected; and it was ruled that the case was not complete; Wooldridge's Case, 7 &c. Leach, 251, 1 East, c. 4. § 27. The name of the person to whom it is put off should be stated; or it should be alleged to be to a person to the jurors unknown; ibid. (2) See n. (3) p. 170. It is not necessary that the counterfeit should appear to have been milled. It is sufficient if it resemble the genuine milled or pressed money; R. v. Bunning, ub. sup. 8 and 9 William III. c. 26. No. LXIII. such offender or offenders, or to make the wife of any such offender to lose or forfeit her dower of or in any lands, tenements, or hereditaments, or her title, action, or interest to the same; and that all and every person or persons that shall, at any time after the said fifteenth day of May, be accused or impeached of any the offences made treason or felony by this Act, shall or may be indicted, arraigned, tried, convicted, or attainted, by such like evidence, and in such manner and form, as now are, or may by the laws of this realm be had or used against any offender or offenders, for counterfeiting the King's money; any thing in this Act contained, or any other law or statute to the contrary notwithstanding. Offences in 6 17. where to be heard. VIII. And for the rendering more effectual an Act made in the sixth and & 7 W. III. c. seventh years of his Majesty's reign, intituled, An Act to prevent counterfeiting and clipping the Coin of this Kingdom; be it enacted by the authority aforesaid, That all and every the crimes and offences specified and mentioned in the said Act, may be heard and determined upon indictment or presentment, either in his Majesty's Court of King's Bench, or before the Justices of Oyer and Terminer, or Justices of Assize, or general gaol delivery. Prosecution to By 9 & 10 W. any person money. IX. Provided always, and be it enacted, That this Act shall continue and be in force until the end of the next session of Parliament, and no longer; and that no prosecution shall be made for any offence against this Act, unless such prosecution be commenced within three (1) months after such offence committed. [This Act made perpetual by 7 Annæ, cap. 25. sect. 3, and by sect. 2. the makers or menders of tools are to be prosecuted within six months.] 6 [No. LXIV.] 9 and 10 William III. c. 21. An Act for the better preventing the counterfeiting, clipping, and other diminishing the Coin of this Kingdom. WHEREAS the preventing the currency of clipt and unlawfully diminished, and counterfeit money, is a more effectual means to preserve 'the coin of this kingdom entire and pure than the most rigorous laws for the punishment of such as diminish or counterfeit the same: And whereas, by the known laws of this kingdom, no person ought to pay, or know, ingly tender in payment, any counterfeit or unlawful diminished money, and all persons not only may refuse to receive the same, but may, and 6 by the ancient statutes and ordinances of this kingdom, have been required to destroy and deface the same; and more especially the tellers in 'the receipt of the exchequer, by their duty and oath of office, are required to receive no money but good and true; and to the end the same might 'the better be discerned and known, by the ancient course of the said receipt of the exchequer, all money ought to be received there by weight as well as by tale: For the restoring of which course, together with other things, an Act was made in the last session of this present Parliament, intituled, An Act for the better observation of the course anciently used in the receipt of the Exchequer, whereby, amongst other things, it is enacted, That the respective tellers of the said receipt of the exchequer, when any money shall be brought to the said receipt of the exchequer, to be there paid, shall without delay receive it, weighing the same in entire sums or otherwise, and making due entry of the weight and tale thereof, according to the ancient course; but no provision is made in the said Act, that the said tellers shall refuse to receive the said money, in case it shall not 'be of its due weight; and the former and ancient laws being grown into desuetude, whereby unlawfully diminished and counterfeit money receive a currency, and wicked and traitorous persons are encouraged to diminish ' and counterfeit the same: Now, to the end the kingdom, after so vast a charge and expence for the reformation of the silver coin, and restoring it 'to its due weight and purity, may not relapse into the same evil from 6 6 6 ' (1) The information and proceeding before a magistrate is a sufficient commencement within the Act; R. v. Wallace, (1797) 1 East, P. C. c. 4. § 31. |