66 Held, first, that an indictment under this section should allege possession without lawful authority or excuse, but that an indictment which charged possession without lawful excuse was sufficient, as excuse would include authority. Secondly, that the words "the proof whereof shall lie on the accused," only shift the burden of proof, and do not alter the character of the offence: That the fact that the mint authorities, upon information forwarded to them, gave authority to the die-maker to make the die, and that the police gave permission to him. to give the die to the prisoner who ordered him to make, did not constitute lawful authority or excuse for prisoner's possession of the die. Reg. v. Harvey, 11 Cox. C. C. 662. 3. What is Coining. What Shall be Possession.]—" And "where the having any matter in By 24 & 25 Vict. c. 99, s. 2, "the custody or possession of any "whosoever shall falsely make or person is mentioned in this act, it counterfeit any coin resembling or "shall include, not only the having "apparently intended to resemble "of it by himself in his personal" or pass for any of the Queen's curcustody or possession, but also the "rent gold or silver coin, shall, in "knowingly and wilfully having it "England and Ireland, be guilty "in the actual custody or posses- of felony, and in Scotland of a "sion of any other person, and also "high crime and offence, and being "the knowingly and wilfully hav-" convicted thereof, shall be liable, "ing it in any dwelling-house or "at the discretion of the court, to "other building, lodging, apart-" be kept in penal servitude for life, "ment, field or other place, open or for any term not less than five "or inclosed, whether belonging to " years (27 & 28 Vict. c. 47), or to "or occupied by himself or not, and "be imprisoned for any term not "whether such matter shall be so "had for his own use or benefit or "for that of any other person." 66 66 exceeding two years, with or "without hard labour, and with or or without solitary confinement." (Former provision, 2 & 3 Will. 4, 34, s. 3. The defendant was indicted for obtaining a die impressed as a sov-c. ereign. By s. 13," whosoever shall, with The 24 & 25 Vict. c. 99, s. 24, "intent to defraud, tender, utter, or makes it a felony to have in custody," put off, as or for any of the Queen's or possession (inter alia), a die im- "current gold or silver coin, any pressed with the apparent resem- "coin not being such current gold blance of both or either of the sides" or silver coin, or any medal or of any of the Queen's current gold "piece of metal or mixed metals or silver coin, without lawful au- "resembling in size, figure, and colthority or excuse, (the proof where-"our the current coin as of shall lie on the accused.) "which the same shall be so ten or for "dered, uttered, or put off, such "coin, medal, or piece of metal or "mixed metals so tendered, uttered, or put off being of less value than "the current coin as or for which "the same shall be so tendered, ut"tered or put off, shall, in England "and Ireland, be guilty of a mis"demeanor, and in Scotland of a "crime and offence, and being con"victed thereof, shall be liable, at "the discretion of the court, to be imprisoned for any term not exceeding one year, with or without "hard labour, and with or without "solitary confinement." On an indictment under 2 & 3 Will. 4, c. 34, s. 7, for uttering a piece of false and counterfeit coin, apparently intended to resemble and pass for a piece of the Queen's good and legal current coin, it is a question for the jury whether the coin produced supported the indictment, and if they should be of opinion that the coin was not intended by the maker to pass as good coin, they should acquit. Reg. v. Byrne, 6 Cox, C. C. 475. (Ir.) C. C. R. A person was indicted for uttering a counterfeit coin, intended to resemble and pass for a groat. All the witnesses for the prosecution, except the inspector of coin for the mint, called it a fourpenny piece. The inspector called it a groat, and said he believed that it had that name from the earliest period. He added, that the original groat of Edward the Third's reign was larger and heavier than the coin in question; and that, in the Queen's proclamation, these coins were called both groats and fourpennypieces. The proclamation was not produced, and the inscription on the coin itself was fourpence :-Held, that if the jury, from their own knowledge of the English language without considering any evidence at all, was of opinion that a groat and fourpenny-piece were the same, prisoner was rightly indicted, and might be convicted. Reg. v. Con nell, 1 C. & K. 190-Maule and Erskine. A person was indicted for uttering a medal resembling in size, figure, and colour one of the Queen's current gold coins, called a half sovereign. At the trial the medal was produced by a witness, who stated that it was the same in diameter as a half sovereign, and somewhat similar in colour; that on the obverse was the head of the Queen similar to that on a half sovereign, but that the legend was different; when about to describe the reverse, the coin accidentally dropped and was lost. The medal had not been shewn to the jury, and secondary evidence was not given of what was on the reverse:-Held, that there was evidence to go to the jury that the medal resembled in figure a current coin. Reg. v. Robinson, L. & C. 604; 10 Cox, C. C. 107; 11 Jur., N. S. 452; 34 L. J., M. C. 176; 13 W. R. 727; 12 L. T., N. S. 501. It is not necessary, to constitute the offence of coining, that there should be an impression on the counterfeit, if it resembles the common worn coin. Rex v. Welch. 1 East, P. C. 87, 164; 1 Leach C. C. 364. A counterfeit shilling produced in evidence, although it is quite smooth, and there is no impression of any sort discernible on it, will support an indictment for counterfeiting to the similitude of the legal coin. Ib. To make a round blank like the smooth shillings in circulation, the original impression on which has been effaced by wear, is counterfeiting to the likeness and similitude of the good legal and current coin of the realm called a shilling. Rex v. Wilson, 1 Leach, C. C. 285. It is a question of fact whether or not counterfeit coin was made to resemble the real coin. Rex v. Welch, 1 East, P. C. 87, 164; 1 Leach, C. C. 364. Proof that a man occasionally "ance of gold or silver, or by any means whatsoever, wash, case 66 visited coiners; that the rattling of money was occasionally heard with them; that he was seen counting over, or colour any of the Queen's something, as if it was money, when "current copper coin, or file or in any he left them; that on coming to "manner alter such coin, with intheir lodgings just after the appre- "tent to make the same resemble hension he endeavored to escape, or pass for any of the Queen's and was found to have bad money "current gold or silver coin, shall, about him; is not sufficient evidence" in England and Ireland, be guilty to implicate him as counselling, pro-" of felony, and in Scotland of a curing, aiding, and abetting the coin-"high crime and offence, and, being Rex v. Isaacs, 1 Russ. C. & M."convicted thereof, shall be liable, 62-Bayley. "at the discretion of the court, to "be kept in penal servitude for life, 66 or for any term not less than five years (27 & 28 Vict. c. 47), or to "be imprisoned for any term not exceeding two years, with or with"out hard labour, and with or with"out solitary confinement." (Former provision, 2 & 3 Will. 4, c. 34, s. 4.) ers. 66 66 66 66 4. Colouring. An indictment charging the gilding sixpences with materials capable of producing the colour of gold, is good, and supported by proof of colouring sixpences with gold. Reg. v. Turner, 2 M. C. C. 42. By 24 & 25 Vict. c. 99, s. 3, "whosoever shall gild or silver, or shall, with any wash or materials" "capable of producing the colour or appearance of gold or silver, or by any means whatsoever, wash, case over, or colour any coin whatsoever, resembling or apparently in"tended to resemble or pass for any "of the Queen's current gold or sil"ver coin; or shall gild or silver, or shall, with any wash or mate"rials capable of producing the colour or appearance of gold or of silver, or by any means whatsoever, wash, case over, or colour 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 in"tent that the same shall be coined "into false and counterfeit coin re"sembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin; or shall gild, or shall, with any wash or materials capable of "producing the colour or appearance 66 66 66 of gold or by any means whatsoev Preparing blanks with such materials, as when rubbed would make them resemble the real coin, was a colouring within 8 & 9 Will. 3, c. 26, before the resemblance has been produced by such friction. Rex v. Case, 1 East, P. C. 165; 1 Leach, C. C. 154, n. So, bringing to the surface the latent silver in a blank of mixed metal, by dipping it in aquafortis which corrodes the base metal, was a colouring within that statute. Rex v. Lavy, 1 East, P. C. 166; 1 Leach, C. C. 153. And see Rex v. Harris, 1 Leach, C. C. 135. 66 Silver Coin. er, wash, case over or colour any of 5. Impairing or Lightening Gold or "the Queen's current silver coin, or "file or in any manner alter such By 24 & 25 Vict. c. 99, s. 4, " who"coin, with intent to make the same soever shall impair, diminish or "resemble or pass for any of the " lighten any of the Queen's current "Queen's current gold coin; or "gold or silver coin, with intent "shall gild or silver, or shall with "that the coin so impaired, dimin"any wash or materials capable of "ished or lightened may pass for the "producing the colour or appear-"Queen's current gold or silver coin, 66 or "shall, in England and Ireland, be "port, without alleging at or for what guilty of felony, and in Scotland | " rate, price or value the same was "of a high crime and offence, and "bought, sold, received, paid, "being convicted thereof shall be "put off, or offered to be bought, "liable, at the discretion of the "sold, received, paid, or put off." court, to be kept in penal servi- (Former provisions, 8 & 9 Will. 3, c. "tude for any term not exceeding 26, s. 6, and 2 & 3 Will. 4, c. 34, "fourteen years, and not less than s. 6.) "five years (27 & 28 Vict. c. 47), or to be imprisoned for any term not exceeding two years, with or "without hard labour, and with "or without solitary confinement." (Former provision, 2 & 3 Will. 4, c. 34, s. 5.) An indictment on 8 & 9 Will. 3, c. 26, s. 6, stated that five counterfeit shillings were paid and put off for two shillings; the proof was that five bad shillings were sold for halfa-crown :-Held, that the variance was fatal, as it was a contract which must be correctly proved as laid. Rex v. Joyce, Car. C. L. 184-Thompson and Heath. In an indictment for putting off counterfeit money, at a lower rate than its denomination imports, it was alleged that the prisoner put off a counterfeit sovereign and three counterfeit shillings for the sum of five shillings; the proof was, that the prisoner said he would let the witness have a bad sovereign at four shillings, and three bad shil By 24 & 25 Vict. c. 99, s. 6, "whosoever, without lawful author"ity or excuse (the proof whereof "shall lie on the party accused), "shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or coun"terfeit coin, resembling or apparently intended to resemble or pass "for any of the Queen's current gold or silver coin, at or for a low-lings at one shilling, and the witness er rate or value than the same im- paid for them with two good half"ports or was apparently intended crowns:-Held, that this proof sup "to import, shall, in England and ported the allegation. Rex v. Hed"Ireland, be guilty of felony, and ges, 3 C. & P. 410-Vaughan. "in Scotland of a high crime and "offence, and being convicted there"of shall be liable, at the discretion "of the court, to be kept in penal "servitude for life, or for any term "not less than five years (27 & 28 "Vict. c. 47), or to be imprisoned-Held, that it did not amount to a "for any term not exceeding two years, with or without hard la"bour, and with or without solitary "confinement;" "And in any indictment for any "such offence, it shall be sufficient "to allege that the party accused "did buy, sell, receive, pay, or put off, or did offer to buy, sell, re"ceive, pay, or put off, the false or "counterfeit coin at or for a lower "rate or value than the same imports or was apparently intended to im Where, on a bargain for the sale of counterfeit money, the price had been agreed upon and the pris oner had produced the coin, but the complete transfer was prevented by the appearance of the police officers: putting off within 8 & 9 Will. 3, c. 26. Rex v. Wooldridge, 1 Leach, C. C. 307; 1 East, P. C. 169. An indictment on 8 & 9 Will. 3, c. 26, s. 6, for putting off bad money, must have stated that it was "not cut in pieces." Rex v. Palmer, 1 Leach, C. C. 102. In an indictment for putting off counterfeit money, the names of the persons to whom it was put off ought to be set out. Anon. 1 East, P. C. 180-Holt. its Value. 7. Exchanging Coin at higher than "guilty of a misdemeanor, and be'ing convicted thereof shall be liaThe exchanging guineas for bank-"ble, at the discretion of the court, notes, taking the guineas in such ex-" to be imprisoned for any term not change at a higher value than they "exceeding two years, with or were current for by the king's proc"without hard labour, and with or lamation, was not an offence against "without solitary confinement." 5 & 6 Edw. 6, c. 19. (Repealed by 9. Defacing Gold, Silver or Copper 56 Geo. 3, c. 68.) Rex v. De Yonge, 14 East, 402. terfeit Coin. 66 66 Coin. By 24 & 25 Vict. c. 99, s. 16, 8. Importing or Exporting Coun-"whosoever shall deface any of the Queen's current gold, silver or copper coin, by stamping thereon any names or words, whether such "coin shall or shall not be thereby "diminished or lightened, shall, in "England and Ireland be guilty of "a misdemeanor, and in Scotland 66 "convicted thereof, shall be liable, "at the discretion of the court, to be "imprisoned for any term not exceeding one year, with or without "hard labour." (Former provision, 16 & 17 Vict. c. 102, s. 1.) Importing.]-By 24 & 25 Vict." c. 99, s. 7, "whosoever, without "lawful authority or excuse (the "proof whereof shall lie on the "party accused), shall import or "receive into the United Kingdom," of a crime and offence, and, being "from beyond the seas, any false or "counterfeit coin resembling or ap"parently intended to resemble or pass for any of the Queen's current gold or silver coin, knowing "the same to be false or counter"feit, shall, in England and Ireland By s. 17,"no tender of payment "be guilty of felony, and in Scot-" in money made in any gold, silver "land of a high crime and offence, or copper coin so defaced by "and being convicted thereof, shall" stamping as in the last preceding "be liable, at the discretion of the "section mentioned shall be allowcourt, to be kept in penal servi-"ed to be a legal tender; and who"tude for life, or for any term not soever shall tender, utter or put "less than five years (27 & 28 Vict. "off any coin so defaced, shall on "conviction thereof before two jus"tices, be liable to forfeit and pay "any sum not exceeding 40s. pro"vided that it shall not be lawful 66 66 66 66 c. 47), or to be imprisoned for any "term not exceeding two years, "with or without hard labour, and "with or without solitary confine"ment." (Former provision, 2 & 3" for any person to proceed for any Will. 4, c. 34, s. 6.) "such last-mentioned penalty with"out the consent, in England or Exporting.]-By s. 8, "whoso-"Ireland, of her Majesty's attorneyever, without lawful authority or general for England or Ireland excuse (the proof whereof shall" respectively, or in Scotland of the "lie on the party accused), shall "lord advocate." (Former provis"export, or put on board any ship, ion, 16 & 17 Vict. c. 102, s. 2.) "vessel or boat for the purpose of be 66 "ing exported from the United King- 10. Testing Genuineness of Gold or 66 dom, any false or counterfeit coin, "resembling or apparently intended 66 Silver Coin. By 24 & 25 Vict. c. 99, s. 26, 66 to resemble or pass for any of the" where any coin shall be tendered 'Queen's current coin, knowing the " as the Queen's current gold or silsame to be false or counterfeit, ver coin to any person who shall "shall, in England and Ireland, be" suspect the same to be diminish 66 |
