66 66 66 "ed otherwise than by reasonable" or begin or proceed to make or wearing, or to be counterfeit, it "mend, or buy or sell, or have in "shall be lawful for such person to "his custody or possession, any incut, break, bend or deface such " strument, tool, or engine adapted "coin, and if any coin so cut, brok-" and intended for the counterfeit en, bent or defaced shall appearing any of the Queen's current 66 to be diminished otherwise than " copper coin; or shall buy, sell, by reasonable wearing, or to be " receive, pay, or put off, or offer "counterfeit, the person tendering "to buy, sell, receive, pay, or "the same shall bear the loss there- " put off, any false or counterof; but if the same shall be of due "terfeit coin, resembling, or appar weight, and shall appear to be "ently intended to resemble or pass "lawful coin, the person cutting, "for any of the Queen's current "breaking, bending or defacing the "copper coin, at or for a lower rate same is hereby required to receive or value than the same imports, "the same at the rate it was coined" or was apparently intended to im"for; and if any dispute shall arise "port, shall, in England and Ire"whether the coin so cut, broken, "land, be guilty of felony, and in "bent or defaced be diminished in "Scotland of a high crime and of manner aforesaid, or counterfeit, fence, and being convicted thereof, "it shall be heard and finally de- "shall be liable, at the discretion "termined in a summary manner "of the court, to be kept in penal "by any justice of the peace, who 66 servitude for any term not exceed "is empowered to examine upon "ing seven years, and not less than "oath as well the parties as any "five years (27 & 28 Vict. c. 47), "other person, in order to the de-" or to be imprisoned for any term "cision of such dispute; and the "not exceeding two years, with or "tellers at the receipt of her Maj- "without hard labour, and with "esty's Exchequer, and their dep-" or without solitary confinement. "uties and clerks, and the receivers Former provision, 2 & 3 Will. 4. c. "general of every branch of her 34, s. 12.) "Majesty's revenue, are hereby re 66 66 11. Counterfeiting and uttering Copper Coin. 66 66 off quired to cut, break, or deface, or Uttering.]-By s. 15, "whosocause to be cut, broken or defaced, "ever shall tender, utter or put 'every piece of counterfeit or un- any false or counterfeit coin, re"lawfully diminished gold or silver"sembling or apparently intended "coin which shall be tendered to "to resemble or pass for any of "them in payment for any part of "the Queen's current copper coin, "her Majesty's revenue." (Former "knowing the same to be false or provision, 2 & 3 Will. 4, c. 34, s." counterfeit, or shall have in his 13.) custody or possession three or more pieces of false or counterfeit "coin, resembling, or apparently intended to resemble or pass for Counterfeiting.]-By 24 & 25 Vict." any of the Queen's current copper c. 99, s. 14," whosoever shall false-"coin, knowing the same to be false "ly make or counterfeit any coin, 66 or counterfeit, and with intent to resembling or apparently intended "utter or put off the same or any "to resemble or pass for any of the" of them, shall, in England and Ire"Queen's current copper coin; and "land, be guilty of a misdemeanor, "whosoever, without lawful author-" and in Scotland of a crime and "ity or excuse (the proof whereof "offence, and being convicted there"shall lie on the party accused), of, shall be liable, at the discretion "shall knowingly make or mend," of the court, to be imprisoned for 66 66 any term not exceeding one year, " & 28 Vict. c. 47), or to be im"with or without hard labour, and " prisoned for any term not exceed"with or without solitary confine-"ing two years, with or without "ment." "hard labour, and with or without "solitary confinement." (Former Before these Enactments.]—Utter-provision, 37 Geo. 3, c. 126, s. 3.) ing or tendering in payment counterfeit copper money was not an indictable offence. Rex v. Cirwan, 1 East, P. C. 182. eign Coin. 66 Uttering.]-By s. 20, "whosoever shall tender, utter, or put off any such false or counterfeit coin, "resembling or apparently intended 12. Counterfeiting and uttering For-"to resemble or pass for any gold or silver coin of any foreign Gold and Silver.]-By 24 & 25"prince, state, or country, knowing Vict. c. 99, s. 18, "whosoever shall "the same to be false or counter"make or counterfeit any kind of "feit, shall, in England and Irecoin, not being the Queen's cur- land, be guilty of a misdemeanor, "rent gold or silver coin, but re- "and being convicted thereof shall "sembling or apparently intended "be liable, at the discretion of the to resemble or pass for any gold court, to be imprisoned for any 66 66 " or silver coin of any foreign prince," term not exceeding six months, state, or country, shall, in Eng- "with or without hard labour." "land and Ireland, be guilty of fel- (Former provision, 37 Geo. 3, c. 126, "ony, and in Scotland of a high crime s. 4.) "and offence, and being convicted "thereof, shall be liable, at the dis- Second and Third Offences.]"cretion of the court, to be kept By s. 21, "whosoever, having been "in penal servitude for any term so convicted as in the last precednot exceeding seven years, and " ing section mentioned, shall after"not less than five years (27 & 28 "wards commit the like offence of "Vict. c. 47), or to be imprisoned "tendering, uttering, or putting off "for any term not exceeding two any such false or counterfeit coin years, with or without hard la- " as aforesaid, knowing the same to bour, and with or without soli-"be false or counterfeit, shall, in "tary confinement." (Former pro-"England and Ireland, be guilty vision, 37 Geo. 3, c. 126, s. 2.) 66 66 66 66 "of a misdemeanor, and, being conBy s. 19, "whosoever, without "victed thereof, shall be liable, at "lawful authority or excuse (the "the discretion of the court, to be "proof whereof shall lie on the "imprisoned for any term not exparty accused), shall bring or re- ceeding two years, with or with"ceive into the United Kingdom "out hard labour, and with or "any such false or counterfeit coin," without solitary confinement; and "resembling or apparently intended "whosoever, having been so conto resemble or pass for any gold "victed of a second offence, shall or silver coin of any foreign "afterwards commit the like offence "prince, state, or country, knowing" of tendering, uttering, or putting "the same to be false or counter- "off any such false or counterfeit "feit, shall, in England and Ireland, "coin as aforesaid, knowing the "be guilty of felony, and, being "convicted thereof, shall be liable, 66 66 66 at the discretion of the court, to "be kept in penal servitude for any "term not exceeding seven years, "and not less than five years (27 "order of justice, and shall for every "such offence forfeit and pay any "less than three years; or to be" sum of money not exceeding 40s., "imprisoned for any term not exceeding two years, with or with"out hard labour, and with or "without solitary confinement." 66 66 66 13. Implements of Coining. By 24 & 25 Vict. c. 99, s. 24, "whosoever, without lawful au"thority or excuse (the proof where"of shall lie on the party accused), nor less than 10s. for every such "piece of false and counterfeit coin "which shall be found in the cus"tody or possession of such person, one moiety to the informer, and the Foreign Copper Coin.]-By s. 22,"other moiety to the poor of the "whosoever shall falsely make or 66 parish where such offence shall be "counterfeit any kind of coin, not "committed; and in case any such "being the Queen's current coin," penalty shall not be forthwith "but resembling or apparently in- "paid, it shall be lawful for any "tended to resemble or pass for any "such justice to commit the person copper coin, or any other coin" who shall have been adjudged to "made of any metal or mixed met-" pay the same to the common gaol "als of less value than the silver or house of correction, there to be "coin of any foreign prince, state, "kept to hard labour for the space or country, shall, in England and "of three months, or until such "Ireland, be guilty of a misde- "penalty shall be paid." (Former CC meanor, and being convicted provisions, 37 Geo. 3, c. 126, s. 6, thereof, shall be liable, at the dis- and 43 Geo. 3, c. 139, s. 6.) "cretion of the court, for the first "offence, to be imprisoned for any term not exceeding one year, and "for the second offence, to be kept "in penal servitude for any term not exceeding seven years, and "not less than five years (27 & 28" shall knowingly make or mend, or "Vict. c. 47), or to be imprisoned "begin or proceed to make or mend, "for any term not exceeding two or buy or sell, or have in his cus"years, with or without hard la- "tody, or possession, any puncheon, bour, and with or without solitary counter puncheon, matrix, stamp, "confinement." (Former provision, "die, pattern, or mould in or upon 43 Geo. 3, c. 139, s. 3.) "which there shall be made or impressed, or which will make or Unlawful Possession.]-By s. 23,"impress, or which shall be adapt"whosoever, without lawful author-"ed and intended to make or im"ity or excuse (the proof whereof " press, the figure, stamp, or appar"shall lie on the party accused), 66 ent resemblance of both or either "shall have in his custody or posses- "of the sides of any of the Queen's "sion any greater number of pieces "current gold or silver coin, or of "than five pieces of false or coun- any coin of any foreign prince, "terfeit coin, resembling or appar- state, or country, or any part or ently intended to resemble or pass" parts of both or either of such "for any gold or silver coin of any "sides; or shall make or mend, or foreign prince, state, or country, begin or proceed to make or mend, or any such copper or other coin" or shall buy or sell, or have in his "as in the last preceding section "mentioned, shall, on conviction" "thereof before any justice of the peace, forfeit and lose all such false "and counterfeit coin, which shall "be cut in pieces and destroyed by 66 66 "custody or possession, any edger, edging or other tool, collar, in"strument, or engine adapted and "intended for the marking of coin "round the edges with letters, grain"ings, or other marks, or figures 66 66 66 "apparently resembling those on "the edges of any such coin as in "this section aforesaid, knowing the same to be so adapted and intend"ed as aforesaid; or shall make or "mend, or begin or proceed to make or mend, or shall buy or sell, or "have in his custody or possession, any press for coinage, or any cutting engine for cutting by force "of a screw or of any other contriv“ance, round blanks out of gold, silver, or other metal or mixture "of metals, or any other machine, 'knowing such press to be a press "for coinage, or knowing such engine or machine to have been used, or to be intended to be used, "for or in order to the false making "or counterfeiting of any such coin as in this section aforesaid, shall, "in England and Ireland, be guilty of felony, and, being convicted thereof, 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 impris"oned for any term not exceeding "two years, with or without hard labour, and with or without soli"tary confinement." (Former provisions, 2 & 3 Will. 4, c. 34, s. 10, and 8 & 9 Will. 3, c. 26. 66 66 66 66 66 A galvanic battery is a machine within the meaning of the 24 & 25 Vict. c. 99, s. 24. Reg. v. Gover, 9 Cox, C. C. 282-Chambers, C. S. The prisoner employed a diesinker to make, for a pretended innocent purpose, a die calculated to make shillings. The die-sinker, suspecting fraud, informed the commissioners of the mint, and, under their directions, made the die, for the purpose of detecting the prisoner:-Held, that the die-sinker was an innocent agent, and the prisoner rightly convicted as a principal under 2 & 3 Will. 4, c. 34, s. 10. Reg. v. Bannen, 2 M. C. C. 309; 1 C. & K. 295. A., with the intent of coining counterfeit half dollars of Peru, procured dies in this country for stamping and imitating such coin. He was apprehended before he had obtained the metal and chemical preparations necessary for making counterfeit coin:-Held, that the procuring the dies was an act in furtherance of the criminal purpose, sufficiently proximate to the offence intended, and sufficiently evidencing the criminal intent to support an indictment founded on it for a misdemeanor, although the same facts would not have supported an indictment for attempting to make counterfeit coin. Reg. v. Roberts, Dears. C. C. 539; 1 Jur., N. S. 1094; 25 L. J., M. C. 17; 7 Cox, C. C. 39. The jury also found that he intended to make only a few counterfeit coins in England, with a view merely of testing the completeness of the apparatus before he sent it out to Peru:-Held, that even to make a few coins in England with that object, would be to commit the offence of making counterfeit coins within the statute. Ib. An indictment that the prisoner feloniously had in his possession a mould, "upon which mould were made and impressed the figure and resemblance" of the obverse side of a sixpence, is bad, as not sufficiently showing that the impression was on the mould at the time when the prisoner had it in his possession; but a fresh indictment with the words " then and there" before the words "made and impressed," is good. Reg. v. Richmond, 1 C. & K. 240; 1 Cox, C. C. 9—Rolfe. Where a coining mould is made and impressed to resemble the obverse of a coin, which is partly defaced by wear, the indictment should be in the form above mentioned, as the words of the 2 & 3 Will. 4, c. 34, s. 10, as to moulds to resemble part of the obverse of a coin, relate to cases where several moulds put together would make the obverse of the coin. 1b. A first count charged the pris- | session a mould on which were imoners with having in their posses- pressed the figure and apparent resion a mould intended to impress semblance of the obverse side of a the stamp of the reverse side of a half-crown. The mould was found shilling; the second stated, that the in the house of the prisoner, who mould was intended to impress the had previously passed a bad halfobverse side; the third stated, that crown; but there was no evidence it was intended to impress part or to shew that the half-crown had parts of the reverse side; and the been in the mould-Held, that fourth stated the same as to the ob- there was sufficient evidence to go verse side. A verdict of guilty hav- to the jury. Reg. v. Weeks, L. & ing been recorded, a motion was C. 18; 8 Cox, C. C. 455; 7 Jur., made in arrest of judgment, on the N. S. 472; 30 L. J., M. C. 141; 9 ground that the two last counts W. R. 553; 4 L. T., N. S. 373. were bad for uncertainty, whereupon the judge directed another indictment to be preferred. The second indictment contained the two first counts of the previous one; a third and fourth stated, that the mould was intended to impress parts of the obverse and parts of the reverse sides; a fifth and sixth used the word part" instead of parts. The prisoner pleaded autrefois convict. The twelve judges decided that the plea was bad, and confirmed the second conviction. Rex v. Phillips, 1 Jur., 427. Where coining implements were found in the house occupied by a man, his wife, and a child ten years of age, the jury was directed to acquit the child of a felonious possession. Reg. v. Boober, 4 Cox, C. C. 272. If coining implements are found in a house occupied by a man and his wife, the presumption is, that they are in possession of the husband alone: unless there are circumstances to shew that the wife was acting separately and without her husband's sanction, they cannot both be convicted. Ib. The fact of a wife attempting to break up coining implements at the time of her husband's apprehension, if done with the object of screening him, is no evidence of a guilty possession. Ib. The prisoner was indicted for knowingly and without lawful excuse having in his custody and pos On an indictment on 2 & 3 Will. 4, c. 34, s. 10, for the felony of making a mould "intended to make and impress the figure and apparent resemblance of the obverse side of a shilling, it was sufficient to prove that the prisoner made the mould and a part of the impression though he had not completed the entire impression. Rex v. Foster, 7 C. & P. 495-Patteson. To convict a prisoner under the 2 & 3 Will. 4, c. 34, s. 10, of the felony of having in his possession a mould, upon which was impressed the resemblance of the obverse side of a shilling, the jury must be satisfied that, at the time he had it in his possession, the whole of the obverse side of the shilling was impressed on the mould: a part is not sufficient. Ib. On an indictment for having in possession a die made of iron and steel, proof of a die made of other material, or of both, will be sufficient; for it is immaterial to the offence of what the die is made. Rex v. Oxford, R. & R. C. C. 382. Upon an indictment against a party under 2 & 3 Will. 4, c. 34, s. 10, for having in his possession a mould, upon which was made and impressed the figure, on one of the sides, of a shilling, it was not sufficient to shew that the prisoner had in his possession a mould, on one side of which there was a perfect impression, but without a channel through which the metal ran, unless |