coin. Section 26.-In any case where coin tendered is suspected to Cutting be diminished or counterfeited, it may be cut, bent, &c., by any suspected person to whom it is tendered, and if the coin be found to be counterfeit or unreasonably diminished, the loss shall fall upon Who shall the person tendering the same, but if the same shall be of due bear loss. weight, and shall appear to be lawful coin, the person cutting, breaking, bending, or defacing the same is required to receive the same at the rate it was coined for; any dispute arising regarding such coin shall be determined in a summary manner by any justice of the peace. The tellers of Her Majesty's exchequer and the receivers-general of Her Majesty's revenue are required to destroy any counterfeit coin tendered to them in payment of revenue. of counter Section 27.-If any person shall find or discover in any place Discovery whatever, or in the custody or possession of any person having and seizure the same without lawful authority or excuse, any false or feit coin and counterfeit coin, resembling, &c., any of the Queen's gold, tools. silver, or copper coin, or any coin of any foreign prince, state, &c., or any instrument, tool, &c., adapted and intended for the counterfeiting of any such coin, or any filings, bullion, or any gold or silver in dust, solution, &c., obtained by diminishing or lightening any of the Queen's current gold or silver coin, the person so finding or discovering is empowered to seize the same, and to carry the same forthwith before some justice of the peace; and where it shall be proved on the oath of a credible witness before any justice of the peace, that there is reasonable cause to suspect that any person has been concerned in counterfeiting the Queen's coin, or any such foreign coin mentioned, or has in his possession any such false or counterfeit coin, or any instrument, tool, engine, &c., as aforesaid, or any such filings, clippings, or bullion, or any dust, solution, &c., as aforesaid, any justice of the peace may, by warrant, cause any Search place belonging, &c., to such suspected person to be searched, warrant. either by day or night, and if any such false or counterfeit coin, or any such article or thing as aforesaid, shall be found in any place so searched, the same may be seized and carried forthwith before some justice of the peace, and whensoever any such false or counterfeit coin, or article or thing as aforesaid, shall in any case whatsoever be seized and carried before a justice of the peace, he shall, if necessary, cause the same to be secured, for the purpose of being produced in evidence against any person who may be prosecuted for any offence against this Act. And all Disposal of such false and counterfeit coin, and all instruments, &c., machines, &c., and all such filings, clippings, dust, &c., as aforesaid, after they shall have been produced in evidence, or when they shall have been seized, and shall not be required to be produced in evidence, shall forthwith be delivered up to the officers of Her Majesty's mint, or to the solicitors of Her Majesty's treasury, or to any person authorized by them to receive the same. things seized. Venue. Proof of counterfeit coin. When coin shall be complete. Arrest. No certio rari Venue. Notice of action. Section 28.-Where any person shall utter counterfeit coin in one county or jurisdiction, and within ten days shall commit a like offence in any other county or jurisdiction, or where two or more persons acting in concert in different counties or jurisdictions, shall commit any offence against this Act, every such offender may be indicted and punished in any one of the said counties or jurisdictions. Section 29.-Upon the trial of any person for any offence against this Act, proof that any coin produced in evidence is false or counterfeit, need not necessarily be made by any moneyer or other officer of Her Majesty's mint, but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness. Section 30.-Every offence of falsely making or counterfeiting coin, or of buying, selling, uttering, &c., or offering to buy, sell,. utter, &c., the same, shall be deemed to be complete, although the coin so made or counterfeited, or bought, sold, uttered, &c., shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected. Section 31.-" It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence against the Act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to his being conveyed as soon as reasonably may be before a justice of the peace or some other proper officer, to be dealt with according to law." Section 32.-No conviction for any offence punishable on summary conviction under the Act shall be quashed for want of form, or be removed by certiorari into any of Her Majesty's superior courts of record; and no waraant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same. Section 33.-All actions and prosecutions to be commenced against any person for anything done in pursuance of the Act, shall be laid and tried in the county where the fact was committed, and be commenced within six months after the fact committed, and not otherwise. Notice in writing of such action and of the cause thereof shall be given to the defendant or defeuder one month at least before the commencement of the action (a). In (a) A person who gives another into custody on a charge of uttering counterfeit coin will be entitled under 24 & 25 Vict. c. 99, ss. 31, 33, to notice of action if he honestly intended to put the law in force, and really believed that the person charged had committed an offence, although there was no reasonable cause for such belief. (Herman v. Seneschall, 32 L. J. C. P. 43.) any such action the defendant may plead the general issue, and General give the act and the special matter in evidence, at any trial to be issue. had thereupon. No plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such Tender of action brought, or if a sufficient sum of money shall have been amends. paid into court after such action brought, by or on behalf of the defendant. Scotland. Section 34.-All high crimes and offences and crimes and Trial in offences against this Act committed in Scotland shall be tried, &c., according to criminal law of Scotland, and all proceedings under Act made competent before justice or justices shall, in Scotland, be competent before any sheriff, magistrate, or justice. Section 35.-In the case of felonies punishable under this Act, Accessories, principals in the second degree and accessories before the fact &c. shall be punishable as principals in the first degree are by the Act punishable; and accessories after the fact shall be liable to two years' imprisonment. Sections 36.-All offences mentioned in this Act committed Jurisdiction within the jurisdiction of the Admiralty shall be treated as if of Admiralty. committed on land in England or Ireland, and may be tried and determined in any county or place in which the offender shall be apprehended or be in custody, and the offence shall be averred to have been committed "on the high seas," and where any of the crimes or offences or high crimes and offences mentioned in this Act shall be committed at sea in a vessel registered in Scot- Vessel land, or which shall touch at any part thereof, offenders may be registered in Scotland, tried, &c., according to criminal law of Scotland, but nothing &c. contained in this section shall alter the laws relating to Her Majesty's land or naval forces. conviction. Section 37.-In any indictment for an offence punishable Previous under this Act and committed after a previous conviction for any offence against this Act, or any former Act relating to the coin, it shall be sufficient after charging such subsequent offence to state the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence, and the production of a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court where the offender was first convicted, or by the deputy of such officer (for which a fee of 6s. 8d. shall be paid) shall, upon proof of the identity of the offender, be sufficient evidence of such conviction without proof of the signature or official character of the person appearing to have signed the same. The proceedings, upon an indictment for committing any offence Procedure. after a previous conviction, shall be as follows: The offender shall in the first instance be arraigned upon so much only of the Fine and sureties. Hard labour. Solitary confinement. Summary indictment as charges the subsequent offence, and the jury shall be charged in the first instance to enquire concerning such subsequent offence only, and if they find him guilty, or if he plead guilty, he shall then and not before be asked whether he had been previously convicted as alleged in the indictment; if he admits the court may proceed to sentence him, but if he denies, or will not answer, the jury are then, without being again sworn, charged to enquire concerning such previous conviction or convictions, the point to be established being the identification of the accused with the person so convicted. The only case in which evidence of a previous conviction may be given before the subsequent conviction is found is where the prisoner gives evidence of character. In this case the jury are to enquire of the previous conviction and of the subsequent offence at the same time. Section 38.-Whenever any person shall be convicted of any indictable misdemeanor punishable under this Act, the court may, in addition to or in lieu of the punishment by this Act authorized, fine the offender and require him to find sureties, &c., for keeping the peace, &c., and in case of any felony punishable under this Act, the court may require the offender to find sureties, &c., for keeping the peace, in addition to any punishment by this Act authorized, provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year. Section 39.-Hard labour when awarded is to be undergone in the common gaol or house of correction. Section 40.-Solitary confinement during imprisonment is not to exceed one month at any one time, nor three months in any one year. Section 41.-Every offence made punishable on summary conproceedings. viction may be prosecuted in England in the manner directed by 11 & 12 Vict. c. 43, and in Ireland under 14 & 15 Vict. c. 93. Except in London metropolitan police district. Costs. Section 42.-In all prosecutions for any offence against the Act in England, which shall be conducted under the direction of the solicitors of Her Majesty's treasury, the court shall allow the expenses of the prosecution as in cases of felony; and in all prosecutions for any such offence in England which shall not be so conducted, it shall be lawful for such court, in case a conviction shall take place, but not otherwise, to allow the expenses of the prosecution in like manner, and every order for the payment of such costs shall be made out, &c., in the same way as in cases of felony. Section 43.-Commencement of Act, Nov. 1st, 1861. OFFENCES AGAINST THE PERSON. (24 & 25 VICT. c. 100.) An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person. HOMICIDE. Section 1.-Whosoever shall be convicted of murder (a) shall Murder. suffer death as a felon. Section 2.-Upon every conviction for murder the court shall Sentence for pronounce sentence of death, and the same may be carried into murder. execution, and all other proceedings upon such sentence may be had and taken, in the same manner in all respects as before the passing of this Act. Section 3.-The body of every person executed for murder Body to be shall be buried within the precincts of the prison in which he buried in shall have been last confined after conviction, and the sentence of the court shall so direct. prison. murder. Section 4.-All persons who shall conspire, confederate, and Conspiring, agree to murder any one, whether a subject or not, &c., and &c., to whosoever shall solicit, encourage, &c., or propose to any person to murder any one, shall be guilty of a misdemeanor. Punishment, penal servitude for 10 years, or imprisonment for two years. Section 5.-Whosoever shall be convicted of manslaughter (a) Manslaughshall be liable to penal servitude for life, or imprisonment for ter. two years, as the court shall award, in addition to or without any such other discretionary punishment as aforesaid. Section 6.-In any indictment for murder or manslaughter, Form of or for being an accessory thereto, it shall not be necessary to set indictment. forth the manner in which or the means by which death was caused, but it shall be sufficient in indictments for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously kill and slay the deceased; and it shall be sufficient in the case of accessories to charge the prin (a) See p. 210, ante. |