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ber, &c. uttered another counterfeit half-crown to the same per- in a different son. The prisoner having been convicted on both counts, it was count, will not referred to the judges to consider what judgment was proper to warrant a judgbe passed on this record; in Hilary term, 1799, the judges held,
15 G. 2. c. 28. that this indictment was not sufficient to subject the prisoner to $ 3. for a second the larger penalty, as for uttering two pieces of counterfeit coin uttering on on the same day; there being no distinct averment of that fact. same day. And judgment of imprisonment for six months only was given. 1 East's P. C. 182. 2 Leach, 833.
But where two utterings are charged in one count of the in- But aliter dictment on a certain day therein named, the day will be held to
where the two be material, and the fact of an uttering twice on the same day to
utterings on the
me day were be sufficiently averred. Thus in Martin's case, Derby Lent Ass charged in one 1801, 1 East's P. C. Add. xviii. 2 Leach, 923. MS. C. C. R., count. the indictment charged that the prisoner on the 14th of February, &c. uttered base coin to W. C.; and that on the said 14th of February, &c. he uttered to J. L. other base coin, it was held suficient to warrant the higher punishment of the 3d section of the statute ; the utterings on the face of the indictment appearing to be on the same day. And the judges held, at a conference
time must be upon this case, that though, when the day is not material, the fact
proved, where may be proved on a day different from the day laid, yet where the important. day is not indifferent, the precise time laid must be proved ; and that in this case it must be taken that it was proved that the defendant uttered counterseit coin at two different times of the same day.
On a prosecution for uttering counterfeit money, the fact of the Evidence of prisoner having other counterfeit money upon him, or of his knowing money
to be counterhaving uttered other pieces of money of the same kind, is evi
feit. dence of his having known that the money which he uttered was counterfeit. 1 Phill. Ev. 168. 1 N. R. 95.
By 37 G. 3. c. 126. $ 4., if any person shall utter or tender in Uttering, &c. payment, or give in exchange, or pay or put off any such false counterfeit gold
or silver foreign or counterfeit gold or silver coin (foreign coin, see § 2. antè, coin. p. 150.), knowing, &c., he shall suffer, on conviction, six months' imprisonment; and, on a second conviction, two years' imprisonment; and, on third conviction, it shall be felony without benefit of clergy.
By $5. the certificate of clerk of assize is made evidence of a former conviction.
If false or clipt money be found in a man's hands, if he be Having counsuspicious, he may be arrested till he have found his warrant, terfeit coin in 3 Inst. 18. 1 Haw. c. 17. $ 68. Hale's Sum. 21.
possession. The bare possession of counterfeit coin, without some intended use, is not an indictable offence ; but the unlawful procuring of counterfeit coin with intent to circulate it, though no act of uttering be proved, is a misdemeanor at common law; and where a Procuring it for person is in possession of a large quantity of counterfeit coin, all the purpose of newly finished, never having been in circulation, and of the same circulation, denomination, such possession, unaccounted for, is evidence to go to a jury of the person having procured and acquired such counterfeit coin with intent to circulate the same. R. v. Robinson and Fuller, Launceston Lent Ass. 1816, cor. Graham B., C. C. R. 308.; and R. v. Heath, Warwick Lent Ass. 1810, cor. Bayley J. C, C. R. 184. R. v. Stewart, Bodmin Sum. Ass. 1814, cor. Gibbs C. J. C. C. R. 288.
9 G. 3. c.37. In order to prevent the parish poor being paid in base or counPaying the poor terfeit coin, by stat. 9 G. 3. c. 37. s 7., if any churchwarden or in base coin,
overseer of any parish, township, or place, or other person authoChurchwardens, over
rised by them to make payments to or for the use of the poor seers, or others, within such parish, township, or place respectively, shall wilfully intrusted to and knowingly make any such payments in any base or countermake payments feit money, or in any other than lawful money of G. B.; one
justice may, and he is thereby required, on complaint, to summon making the
the churchwarden, overseer, or other person charged, and in a same in any summary way, upon his or their non-appearance or confession, other than law- or proof upon oath of one witness, adjudge the party so offending ful money,
to forfeit for each offence a sum not less than 10s. nor more than forfeit not less
20s.; and to levy the same by distress and sale of the goods and
chattels of such offender, and to be applied to the use of any poor more than 20s.
person or persons of the parish or place respectively, as the justice shall appoint.
to or for the use
of the poor,
than 10s. nor
59 G. 3. c. 49.
IV. Bullioni. Bullion signifies properly either gold or silver in the mass ; but is here intended to denote those metals in any state other than that of authenticated coin; comprising in this latter sense gold and silver wares and manufactures. The legislature, for the prevention of frauds with respect to such bullion, have made several provisions. See the statutes collected in 1 East's P. C. pp. 188– 194. 1 Russ. 69.
See also stat. 59 G. 3. c. 49. § 11., by which various provisions in divers ancient statutes against melting and exporting of gold and silver coins are repealed.
And by $ 12. certain provisions respecting bullion or molten silver in stats. 6 & 7 W. 3. c. 17. $$ 5. and 7., and 7 & 8 W. 3. c. 19. $ 6. are also repealed.
See also stat. 1 & 2 G. 4. c. 26. § 4. By stat. 6 & 7 W.3. c. 17. $ 3., if any shall cast ingots or bars of silver, in imitation of Spanish bars or ingots, or stamp them in likeness of the Spanish stamp, he shall forfeit the same, and also 5001., half to the king and half to the informer.
V. DE Tokens.
44 G. 3. c. 71, By stat. 44 G. 3. c. 71., the governor and company of the Bank
of England, for the convenience of the public, were empowered
to issue certain silver dollars, and provision was made against the 51 G. 3. c. 110. counterfeiting and uttering counterfeits; and by stat. 51 G. 3.c.110.
the said governor and company, for the further convenience of
the public, were authorised to issue certain silver pieces called 52 G. 3. c. 138. tokens, for 3s. and 1s. 6d. each; and by 52 G. 3. c. 138. persons
uttering or vending counterfeits were subject to certain punishments imposed by the said acts; but in consequence of the late circulation of the new current silver coin, it became unnecessary any longer to continue the said dollars and tokens in circulation, and the further circulation was accordingly prohibited by stat.
57 G. 3. c. 113. after the 25th of March 1818, but extended (by 57 G. 3. c. 113. stat. 58 G. 3. c. 14.) to the 5th of July 1818, and further to the 5th 58 G.3. c. 14. of April 1819, in payment of taxes, rates, postage, and for stamps, rent, &c.; but by 57 G. 3. c. 113. § 1., if any person shall hereafter 57 G. 3. c. 113. utter, offer, or tender in payment, or give in exchange, or pass, Penalty for circulate, or put off any such dollars or tokens, whether the value afterwards cirthereof shall be paid or given in money or goods, or in any other culating them. manner whatsoever, every person so offending and being thereof convicted, upon the oath of one witness, before one or more of H. M.'s justices of the peace acting for the county, riding, city, or place within which such offence shall be committed, shall, for erery such dollar or token so uttered, offered, tendered in payment, given in exchange, or passed, circulated, or put off, contrary to the prohibition herein-before contained, forfeit and pay any sum not exceeding 51. nor less than 40s., at the discretion of the justice or justices who shall hear such offence : provided that nothing But they may in this act contained shall extend to prevent any person from pre- be presented at senting any such dollars or tokens for payment to the governor and company of the Bank of England, or at any time before the 25 March 1820. 25th of March 1820, or tu discharge or excuse the said governor and company from their liability to pay the same before the said 25th of March 1820, nor to prevent any person, after the 25th of March 1818, from selling or disposing of any such dollars May be sold as or tokens as aforesaid as old silver, according to the weight old silver. thereof, &c.
$2. Justices are empowered to hear and determine offences in a summary way, and to levy penalties by distress. $ 3. Witnesses not attending on summons to forfeit 201., to be levied in like manner; one moiety of penalties to go to the informer, and the other to the poor of the parish. $ 8. If no distress, offender to be committed to the gaol or house of correction for three calendar months, unless the penalty be sooner paid, or offender gives notice of appeal to the next general quarter sessions, and enters into recognizance to prosecute such appeal. Determination of the sessions to be final.
the Bank till
By stat. 52 G. 3. c. 157. the circulation of local tokens of gold, 52 G. 3. c. 157. silver, or mixed metal was prohibited after the 25th of March Tokens not to 1813, but extended by stat. 53 G. 3. c. 19. to the 5th of July after a certain 1813, and by stat. 53 G. 3. c. 114., after reciting, “ that it is ex- time. pedient that the period limited in the said last-mentioned act for
53 G. 3. c. 114. the circulation of tokens should be further extended, it is enacted by $ 2. that from and after six weeks from the commencement of the next session of parliament no piece of gold or silver, or of any mixed metal composed partly of gold or silver, of whatever name the same may be, shall pass or circulate as a token for money, or as purporting that the bearer or holder thereof is entitled to demand any value denoted thereon, either by letters, words, figures, mark or otherwise, whether such value is to be paid or given in money or goods, or other value, or in any manner whatsoever; and every person who shall, after six weeks from the commencement of the next session of parliament, circulate or pass as for any nominal value in money or goods any such token,
shall for every such token so circulated or passed, whether such person shall be or have been concerned in the original issuing or circulation of any such token, or only the bearer or holder thereof for the time being, forfeit any sum not less than 51. nor more than 101., at the discretion of such justice or justices of the peace who shall hear and determine such offence; provided that nothing in this act contained shall extend to prevent any person from presenting any such token for payment to the original issuer thereof, or to discharge or excuse any such original issuer from
his liability to pay the same. Act not to au- By 4. nothing in this act contained shall extend to authothorise issue of rise or make legal the issuing of any promissory note, not being promissory
a token composed of gold or silver, or of mixed metal composed notes under 20s.
partly of gold or silver, which cannot now be issued by law, nor (by $ 5.) to extend to any tokens issued by the Bank of England or Ireland.
§ 4. Justices of the peace are empowered to hear and determine offences in a summary way.- 5. Witnesses not attending on summons to forfeit 201. to be levied (as other penalties under these acts) by distress. $9. Justices are empowered to detain offenders in custody until return can be had of any warrant of distress. — § 10. In default of distress offenders may be committed to the common gaol or house of correction for three calendar months, unless the penalty be sooner paid, or the offender give notice of appeal to the next general quarter sessions, and enter into recognisance to try such appeal. Determination of sessions to be final.
And by stat. 57 G. 3. c. 46. § 1. [Mr. Littleton's Act], after reCopper tokens. citing that “whereas various pieces of copper, and mixed metals
composed in part of copper, usually denominated tokens, have lately been and are issued and circulated, by persons residing in various parts of the U. K., in great quantities, as money, and for a nominal value of the metals of which they are composed; and whereas it is expedient that the further making and issuing of such tokens should be prohibited, and that the circulation of those already made or issued should also be prohibited after a limited period ;
it is enacted, that from and after the passing of this act no piece tokens to be
of copper, or mixed metal composed in part of copper, of whatmade,
ever value the same may be, shall be made or manufactured or originally issued as a token for money, or as purporting that the bearer or holder thereof is entitled to demand any value denoted thereon, either by letters, words, figures, marks, or otherwise,
whether such value is to be paid or given in money or goods, or or issued, in any manner whatsoever; and every person who shall, after the
passing of this act, make or manufacture or originally issue, or cause or procure to be made, manufactured, or originally issued, or permit or suffer to be so issued, on his or her behalf, as for nominal value in money or goods, any such token, shall, for every token so made, manufactured, or issued, or procured or permitted to be so made, manufactured, or issued as aforesaid, forfeit any sum not less than 11, nor more than 51., at the discretion of the justice or justices of the peace who shall hear and determine such
offence. or circulated. § 2. And from and after the 1st of January 1818, no piece of
copper, or of any mixed metal composed partly of copper, of
57 G. 3. c. 46.
whatever value the same may be, shall pass or circulate as a token 57 G. 3. c.46. for money, or as purporting that the bearer or holder thereof is entitled to demand any value denoted thereon, either by letters, words, figures, marks, or otherwise, whether such value is to be paid or given in money or goods or other value, or in any manner whatsoever; and every person who shall, after the said Ist of Penalty. January 1818, circulate or pass, as for any nominal value in money or goods, any such token, shall, for every such token so circulated or passed, whether such person shall be or have been concerned in the original issuing or circulation of any such token, or only the bearer or holder thereof for the time being, forfeit any sum not less than 2s. nor more than 10s., at the discretion of the justice or justices of the peace who shall hear and determine such offence; provided that nothing in this act contained Issuer to be shall extend or be construed to extend to prevent any person liable for pay. from presenting any such token for payment to the original issuer thereof, or to discharge or excuse any such original issuer from his liability to pay the same: provided always, that Not to affect nothing in this act contained shall be construed as affecting Bank of Engany tokens which have been or may be issued by the Bank of land tokens. England.
$ 3, 4, 5, 6, 7, & 8. relate exclusively to particular tokens issued at Sheffield and Birmingham.
By ý 9. one or more justices acting for the county, riding, Justices to decity, &c. may hear and determine offences against this act in a termine of.
fences. summary way, and after summoning the party accused, and also the witnesses on either side, shall examine into the matter of fact, and upon due proof, either by confession or oath of one witness, shail convict the offender and adjudge the penalty.
$ 10. If any person summoned as a witness to give evidence Witnesses not before such justice or justices shall neglect or refuse to appear attending to at the time or place appointed, without a reasonable excuse, to be forfeit 50l. allowed by such justice or justices, such person shall forfeit 50l.
$ 11. Conviction to be made out in the form following ; (that is Conviction. to say,) BE it remembered, that on the day of
A. B., having appeared before me [or, us], one (or, more] of his majesty's justices of the peace [as the case may be] for the county, riding, city, or place [as the case may be), and due proof having been made upon oath by one or more credible witness or witnesses, or by confession of the party (as the case may be), is convicted of [specifying the offence], in the sum of
my hand and seal [or, our hands and seals], the day and year aforesaid. Which conviction shall be returned to the then next general quarter sessions of the peace of the county, city, riding, or place where such conviction was made, to be filed and kept among the records of such county, &c. ♡ 12. It shall be lawful for
clerk of the peace any
Clerk of the for
any county, &c., and he is hereby required, upon application made to peace to deliver
a copy thereof him, to cause a copy or copies of any conviction or convictions
on payment of filed by him under this act, to be delivered to such person or is. persons, upon payment of ls. for every such copy.
§ 13. The pecuniary penalties and forfeitures hereby incurred Recovery and