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6. Whosoever shall unlawfully and knowingly have in his custody or possession any filings, clippings, bullion dust or solution, produced or obtained by impairing, diminishing or lightening the current gold or silver coin, shall be guilty of felony, and punished by imprisonment as already specified, or by penal servitude for not less than five nor more than seven years (7).

7. Whosoever shall tender, utter or put off any false or counterfeit gold or silver coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor; and may be imprisoned for any term not exceeding one year, with or without hard labour and solitary confinement (r): and if at the time of such uttering he shall have in his possession any other such counterfeit coin; or shall either on the day of such uttering, or within ten days afterwards, utter any more such false coins (knowing the same to be false);—the imprisonment may be for any term not exceeding two years (s): and if any person shall have in his possession three or more pieces of such counterfeit gold or silver coin, knowing the same to be counterfeit, and with intent to utter the same, he may be sentenced to penal servitude for five years, or imprisonment not exceeding two years (t). And upon a second conviction for any of these misdemeanors he shall be deemed guilty of felony, and may be punished by penal servitude for life, or not less than five years; though a discretionary power is here also reserved to the court, to

(9) 24 & 25 Vict. c. 99, s. 5; 27 & 28 Vict. c. 47.

(r) 24 & 25 Vict. c. 99, s. 9. In the case of any indictable misdemeanor under this Act, the court, in addition to, or in lieu of, any other punishment, may fine the offender, and bind him over with sureties to keep the peace and for good behaviour (sect. 38).

(8) Sect. 10.

(t) Sect. 11. (See 27 & 28 Vict. c. 47.) As to the offence of uttering, &c. counterfeit coin, see R. v. Heath, R. & R. C. C. 184; R. v. Stewart, ibid. 288; R. v. Williams, 1 Car. & M. 259; R. v. Hurse, 2 M. & R. 360; R. v. Rogers, 2 Moo. C. C. 85; R. v. Foster, 1 Dearsley's

C. R. 456; Jarvis's case, ibid. 552.

substitute imprisonment to the extent and manner already specified (u).

8. And whosoever shall, with intent to defraud, tender, utter or put off, as for current gold or silver coin, any coin not being such current coin, or any medal or piece of metal resembling the current coin for which the same shall be tendered, being of less value than the same,shall be guilty of a misdemeanor, punishable with imprisonment, with or without hard labour and solitary confinement, to the extent of one year (x).

With respect to copper coin (y).

1. If any person shall falsely make or counterfeit any coin resembling any of the current copper coin; or shall, (without lawful authority or excuse,) make or mend, or begin to make or mend, buy or sell, or have in his custody or possession, any instrument, tool or engine adapted for counterfeiting the current copper coin; or shall buy, receive, pay, or put off any false coin resembling any of the current copper coin, at a lower rate than its denomination imports, or was apparently intended to import ;he shall, in any of these cases, be guilty of felony; and may be sentenced to penal servitude for any term not more than seven nor less than five years, or be imprisoned for any term not more than two years, with or without hard labour and solitary confinement (z).

2. Whosoever shall utter or put off any false coin intended to pass for any current copper coin; or shall have in his possession three or more pieces of false copper coin; knowing the same to be counterfeit, and with intent to utter the same,-shall be guilty of a misdemeanor, and may be so imprisoned for any term not exceeding one

year (a).

(u) 24 & 25 Vict. c. 99, s. 12; 27 & 28 Vict. c. 47.

(c) 24 & 25 Vict. c. 99, s. 13.

(y) These provisions equally apply to the coins now used, composed of bronze or mixed metal.

(See 22 & 23 Vict. c. 30; 24 & 25 Vict. c. 99, s. 1.)

(2) 24 & 25 Vict. c. 99, s. 14; 27 & 28 Vict. c. 47.

(a) 24 & 25 Vict. c. 99, s. 15.

In addition to the above provisions, it is also enacted, that it shall be a misdemeanor, punishable by imprisonment, with or without hard labour, to the extent of two years, for any person (without lawful authority) to export any false or counterfeit coin (6); and a misdemeanor so punishable to the extent of one year, for any person to deface any of the Queen's current coin by stamping thereon any names or words, whether such coin shall or shall not be thereby diminished or lightened. And it is declared that coin, so defaced or stamped, shall not be a legal tender; and that any person tendering or uttering it, may be summarily convicted before two justices, and fined forty shillings (c).

Secondly, of offences relating to the coin of foreign states.

Whosoever shall make or counterfeit any kind of coin not the queen's current gold or silver, but resembling or apparently intended to resemble or pass for gold or silver coin of any foreign state; or who shall (without lawful authority or excuse) bring into the united kingdom any such false coin, knowing the same to be counterfeit;shall be guilty of felony: and he may be sentenced to penal servitude for any term not more than seven nor less than five years; or imprisonment, with or without hard labour and solitary confinement, to the extent of two years (d). And it is further enacted, that if any person shall tender, utter or put off, any such counterfeit foreign

(6) 24 & 25 Vict. c. 99, s. 8.

(c) Sects. 16, 17. To melt down the current gold and silver coin of the realm; to receive current gold coin as being of more or less value than was denoted by its denomination ; and to import into this country silver coin below the standard weight-were all formerly offences. But the statutes under which such practices were made penal,

VOL. IV.

were repealed by 59 Geo. 3, c. 49, s. 11; 6 Geo. 4, c. 105, s. 141; and 2 Will. 4, c. 34.

(d) 24 & 25 Vict. c. 99, ss. 18, 19. (See 27 & 28 Vict. c. 47.) These provisions are in the place of similar ones contained in 37 Geo. 3, c. 126 (repealed by 24 & 25 Vict. c. 95); as to which see R. v. Roberts, 1 Dearsley's C. C. 339.

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coin, knowing the same to be false, he shall be guilty of a misdemeanor, and may for the first offence be imprisoned to the extent of six months (with or without hard labour); for the second offence be imprisoned for two years (with the addition, if thought fit, of solitary confinement); and for the third offence, shall be deemed guilty of felony, and may be sentenced to penal servitude for life, or not less than five years; or to be imprisoned for not more than two years, with or without hard labour and solitary confinement(e).

And whosoever shall counterfeit any foreign coin, intended to resemble any foreign copper or other coin made of metals or mixed metals of less value than silver,shall be guilty of a misdemeanor; and may be imprisoned for the first offence for any time not exceeding one year: and on a second conviction, he is liable to penal servitude for not more than seven nor less than five years; or imprisonment, (with or without hard labour and solitary confinement,) not exceeding two years (f). And whosoever shall have in his possession more than five pieces of any false foreign coin (without lawful excuse) may be convicted before a justice in the penalty of not more than forty shillings, nor less than ten shillings, for every piece of such false coin so found in his possession ; and in default thereof be committed to the house of correction for three months, or till the fine be paid. And all such base money is forfeited and shall be destroyed by the authorities (9).

XIII. Offences in relation to the royal naval or military stores, ships, fc. Such offences in relation to the royal stores, as amount to larceny or embezzlement, are punishable according to the distinctions already explained with regard to those crimes (h). But besides these, there

(e) 24 & 25 Vict. c. 99, ss. 20, 21; 27 & 28 Vict. c. 47.

(f) 24 & 25 Vict. c. 99, s. 22;

27 & 28 Vict. c. 47.

(9) 24 & 25 Vict. c. 99, s. 23. (h) Vide sup. pp. 130, 131.

are others falling under the present head, to repress which various enactments formerly existed, which have been recently consolidated into two statutes (i). These are the 30 & 31 Vict. c. 128 (the War Department Stores Act, 1867), and the 32 Vict. c. 12 (the Naval Stores Act, 1869), which, among other provisions for which we must refer the reader to the Acts themselves, enact, 1. That any person, (other than the admiralty, the war department, their contractors, officers or workmen, or other persons with lawful authority,) who shall apply in or on any naval or military stores the broad arrow, or any other royal mark,—shall be guilty of a misdemeanor, and liable to imprisonment for not more than two years, with or without hard labour (k). 2. That any person, who, with intent to conceal her majesty's property in such stores, shall take out, destroy or obliterate any such mark,—shall be guilty of felony, and liable to penal servitude for five years, or to imprisonment for not more than two years(1).

Moreover, by 12 Geo. III. c. 24, to set on fire, burn or destroy any of her majesty's ships of war, (whether built, building or repairing,) or any of the arsenals, magazines, dockyards, ropeyards, or victualling offices of the Crown, or materials thereto belonging, or any military, naval or victualling stores or ammunition ; or to aid, procure, abet or assist in

abet or assist in any of such offences,-is made a felony punishable with death (m).

XIV. The offence of serving foreign states (n), which service is generally inconsistent with allegiance to one's natural prince, is now restrained and punishable by the

(i) The Naval Stores Act, 1867, descriptions of criminal firing, &c. was repealed by the 32 Vict. c. 12. (vide sup. pp. 101–104.) The pro

(k) 30 & 31 Vict. c. 128, s. 5; vision in the text, however, appears 32 Vict. c. 12, s. 4.

to be still in force. (1) 30 & 31 Vict. c. 128, s. 6; (n) As to receiving a pension 32 Vict. c. 12, s. 5.

from a foreign prince, vide post, (m) The capital punishment has now been taken away from other

p. 199,

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