offenders shall be tried, or by order and in the presence of High Trea such or some other justice of the peace, and in case there be son. no such trial, be totally defaced and destroyed; and if, after the said 15th day of May, any counterfeit or unlawfully diminished money shall be produced in any court of justice, either in evidence against any person or persons for any offence relating to the counterfeiting or unlawfully diminishing of money, or otherwise, that then, or immediately 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. VII. [Provides that no attainder for any offence made treason or felony by this act shall work corruption of blood or loss of dower] and that all and every person or persons that shall at any time after the said 15th 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. IX. Provided always, and be it enacted, that this act Prosecution to be begun shall continue and be in force until the end of the next in three session of parliameut, and no longer; and that no prosecu- months. tion shall be made for any offence against this act, unless such prosecution be commenced within three months after such offence committed. Note. This act, which extends only to the current coin of this kingdom, 1 Russ, 75, is made perpetual by 7 Anne, c. 25. The latter also gives power to prosecute within six months for some of the offences here mentioned (see post, page 68). In an indictment on the statute of William, it ought to be averred that the party was not employed in the Mint or authorized by the treasurer, &c., because the exception of such persons is within the enacting clause; and the want of such an authority is part of the description of the offence itself: 1 E. P. C. 167. It is to be observed, that the words "pattern or mould,” which are mentioned in the former part of the first section of this act, are omitted in the latter part; but that the latter part, after enumerating certain instruments, has these words, "or other tool or instrument before mentioned." In a case where the prisoner had been indicted upon the latter part of the section, for having in his custody and possession, without any lawful excuse, one mould made of lead, on which was made and impressed the figure, stamp, resemblance, and similitude of one of the sides or flats of a shilling, viz., the headside, &c., the judges were unanimously of opinion that the mould was a tool or instrument inentioned in the former part of the section, and therefore included under the general words in the latter part; and 66 that, having been expressly mentioned by name, it need not be averred in the indictment to be such tool or instrument. It was also decided in the same case, that the allegation, on which was made and impressed the figure, &c., of a shilling," was satisfied by evidence of a mould on which was impressed the resemblance of a shilling inverted: Lennard's case, 1 E. P. C. 170. A press for coining is a tool or instrument within the statute: Bell's case, id. 169. A collar of iron for graining the edges of money (although not properly an edger, nor such an instrument as was used when the act was passed), has also been holden to be within the statute; the several counts of the indictment charging the instrument to be an "" edging-tool," ,""an instrument," and an "engine:" R. v. Moore, 2 C. & P. 235. Upon an indictment for having in possession a die made of iron and steel, proof of a die made of either material is sufficient: R. v. Oxford, R. & R. The prose 7 Anne, c. 25. I. [Makes perpetual the stat. 8 W. 3, c. 26.] II. And whereas, by an act made in the eighth year of cution of his late majesty's reign, intituled, "An Act for the better against 8 W. preventing the Counterfeiting the Current Coin of this King8, c. 26, may dom," it is ordained, that no prosecution shall be made offences be com menced in six months after the offence. for any offence against the said act, unless such prosecu tion be commenced within three months after such offence committed; be it enacted by the authority aforesaid, that the prosecution of such person or persons so offending against the said act, by making or mending, or beginning or proceeding to make or mend, any coining-tool or instrument therein prohibited, or by marking of money round the edges with letters or grainings, may be commenced at any time within six months after such offence committed; any thing in the said act to the contrary in any wise notwithstanding. 15 Geo. 2, c. 28. Be it enacted, &c., that if any person whatsoever shall, after the 29th day of September, in the year of our Lord 1742, wash, gild, or colour any of the lawful silver coin High Treacalled a shilling or a sixpence, or any counterfeit or false son. shilling or sixpence, or add to or alter the impression, or any part of the impression, of either side of such lawful or counterfeit shilling or sixpence, with intent to make such shilling resemble or look like, or pass for a piece of lawful gold coin called a guinea; or with intent to make such sixpence resemble or look like, or pass for a piece of lawful gold coin called a half-guinea; or shall file, or any wise alter, wash, or colour any of the brass monies called halfpennies or farthings, or add to or alter the impression, or any part of the impression, of either side of an halfpenny or farthing, with intent to make a halfpenny resemble or look like, or pass for a lawful shilling, or with intent to make a farthing resemble or look like, or pass for a lawful sixpence, the person and persons so offending in any of the matters aforesaid, their counsellors, aiders, abettors, and procurers, shall be, and is and are hereby adjudged to be, guilty of high treason. IV. [Provides against corruption of blood and loss of dower.] V. And it is hereby further enacted, that the person and Evidence persons that shall be guilty of any of the treasons, felonies, to be the or crimes aforesaid, (for the felonies see post, p. 72) shall be same as now used against indicted, arraigned, tried, and convicted by such like evi- counterfeit. dence, and in such manner, as is now used and allowed ing the coin. against any offenders for counterfeiting the lawful coin, provided that there shall be no prosecution for any of the offences made treason or felony by this act, unless such prosecution be commenced within six months next after such offence shall be committed. VIII. And be it hereby further enacted, &c., that who- If offenders, ever, being out of prison, shall, after the said 29th day of being out September, commit any of the offences aforesaid, and shall of prison, afterwards discover two or more persons, who shall after two others, impeach the time aforesaid have committed any of the said offences, they shall so as such two or more persons shall be thereof convicted, be parsuch discoverer shall have, and is hereby entitled to, his majesty's most gracious pardon for such his or her offences. 56 Geo. 3, c. 68. doned. to silver XVII. Be it enacted, that all and every act or acts in All other force immediately before the passing of this act, respecting acts relating the coin of this realm, or the clipping, diminishing, or coin excounterfeiting of the same, or respecting any other matters tended to relating thereto, and all provisions, proceedings, penalties, this act. forfeitures, and punishments, therein contained or directed, not expressly repealed by this act, and not repugnant or contradictory to the enactments and provisions of this act, shall be and continue in full force and effect; and shall be applied and put in execution with respect to the silver coin to be coined in pursuance of the directions of this act, as fully and effectually, to all intents and purposes whatsoever, as if the same were repealed and re-enacted in this act. Note. The statutes as to clipping, washing, &c. are futher confirmed by 59 Geo. 3, c. 49, s. 13. 2. MISPRISIONS OF TREASON. "Forasmuch as by the laws or statutes of this realm small or no condign punishment is at this time provided for such evil-disposed persons as shall counterfeit or forge such kind of gold or silver of other realms, as is not the proper coin of this realm, nor current in payment within this realm, by reason whereof divers evil-disposed persons, as well without this realm as within, are encouraged and emboldened daily to counterfeit or forge such kind of gold and silver, and utter the same in this realm, in great deceit of her majesty's subjects:" be it enacted, &c., that if any person or persons hereafter falsely forge or counterfeit any such kind of coin of gold or silver as in not the proper coin The penalty of this realm, nor permitted to be current within this realm, of forging that then every such offence shall be deemed and adjudged coin, which misprision of high treason; and the offenders therein, their procurers, aiders, and abettors, being convict according to money of this realm, the laws of this realm of such offences, shall be imprinor current soned, and forfeit such lands, goods, and chattels, as in cases of misprision of treason for concealment of high treason. Note. The foreign coin here mentioned must be such as is for the most part of gold or silver, 1 H. P. C. 31. The word aiders is in is not the therein. tended of aiders in the fact, not aiders of the persons as receivers and comforters: 1 H. P. C. 377, but see 37 Geo. 3, c. 126. Blanching copper for sale or mixing blanched 3. FELONIES AND MISDEMEANORS. VI. "Whereas several mixtures of metals have been invented in imitation 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 copper with further enacted by the authority aforesaid, that if any persilver, &c. son or persons whatsoever shall, after the said 15th day of or taking or paying May, blanch copper for sale, or mix blanched copper counterfeit with silver, or knowingly buy or sell, or offer to sale, milled blanched copper alone, or mixed with silver, or shall money, &c. knowingly and fraudulently buy or sell, or offer to sale, felony. meanors. any malleable composition or mixture of metals or mine- Felonies rals, which shall be heavier than silver, and look, and and Misdetouch, and wear like standard gold, but be manifestly worse than standard, or shall take, bribe, pay, or put off, any counterfeit milled 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, that then all and every such person and persons shall be deemed and adjudged 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. [Mode of trial, see ante, p. 67.] IX. [Limitation of prosecutions, see ante, p. 67.] Note.-"Money" relates only to gold or silver coin: 1 E. P. C. 180. Under this statute there must be an actual passing or getting rid of the money, and not merely an attempt to do so: 1 Russ. 79; Woolridge's case, 1 E. P. C. 179. It is necessary, in order to bring a case within this statute, that the money be vended at a lower value than the coin imports, and that it should be so stated in the indictment. And if the names of the persons to whom the money was put off can be ascertained, they ought to be mentioned, and laid severally in the indictment: but if they can not be ascertained, the same rule will apply, which prevails in the case of stealing the property of persons unknown. If the indictment be for putting off diminished money at a lower rate, it must be averred that it was unlawfully diminished. And it has been held, that an indictment upon this statute was bad, for omitting to state that the counterfeit money was "not cut in pieces,” as those words are a material part of the description of the offence : 1 Russ. 81. The putting off counterfeit money will amount to treason, where the utterer is an aider and abettor of the counterfeitor. 15 Geo. 2, c. 28. II. "Whereas the uttering of false money, knowing it to be false, is a crime frequently committed all over the kingdom, and the offenders therein are not deterred, by reason that it is only a misdemeanor, and the punishment very often but small, though there be great reason to believe, that the common utterers of such false money are either themselves the coiners, or in confederacy with the coiners thereof;" for preventing whereof, be it enacted, &c. that Uttering if any person whatsoever shall, after the said 29th day of false money September, utter or tender in payment any false or coun- knowingly, terfeit money, knowing the same to be false or counter- imprisonfeit, to any person or persons, and shall be thereof con- ment, and victed, such person so offending shall suffer six months' security for imprisonment, and find sureties for his or her good beha- two years viour for six months more, to be computed from the end of For the six months' more. second of |