Copper. § 12.

Cirwan's case.

Uttering counterfeit copper coin not indict

able at common law.

Counterfeit money passed by the trick of ringing the

changes, is within an en

actment against uttering or tendering in pay

ment.

Eliz. Tandy's

case.

Charging two utterings on the same day, each

less value than its denomination, or knowingly importing gold or silver counterfeit coin, is made a felony, subject to transportation for life. See antè, p. 143.

By § 12. the buying, selling, receiving, paying, or putting off, or offering to buy, &c. any counterfeit copper coin at a less value than its denomination, is a felony subject to transportation for seven years; and the knowingly tendering, uttering, or putting off any counterfeit copper coin, or knowingly having in the party's possession three pieces of counterfeit copper coin, with intent to utter, &c. is a misdemeanor liable to one year's imprisonment. See antè, p. 146.

If one person counterfeits, and another person knows that he did so, and doth neither receive, maintain, or abet him, but conceals his knowledge; this is misprision of felony.

A statute mentioning counterfeit money generally, must be confined to the gold and silver coin of the realm.

1 Hale, 211.

Francis Cirwan was indicted (Oxford Sum. Ass. 1794, 1 East's P. C. 182.) for "unlawfully uttering and tendering in payment to J. H. ten counterfeit halfpence, knowing them to be counterfeit ;" and this was laid in the one count against the form of the statute, and in another generally. The defendant was convicted on the general count, it being admitted at the trial that there was no statute applicable to the fact. But upon reference to all the judges (Hü. T. 1795.), they held the conviction wrong, it not being an indictable offence.

By 15 G. 2. c. 28. (now repealed) § 2., the offence was made to consist in "uttering or tendering in payment" any counterfeit money, knowing, &c.

Under this enactment the following decision was made.

Frank's case, 2 Leach, 644. The words of the statute "utter or tender in payment" are in the disjunctive, and will therefore apply to an uttering of counterfeit money, though it be not tendered in payment, but passed by the common trick called ringing the changes, as in the following case :-The prosecutor having bargained with the prisoner, a Jew, who was selling fruit about the streets, to have five apricots for sixpence, gave him a good shilling to change. The prisoner put the shilling into his mouth as if to bite it in order to try its goodness; and returning a shilling to the prosecutor, told him it was a bad one. The prosecutor gave him another good shilling, which he also affected to bite, and then returned another shilling, saying it was not a good one. The prosecutor gave him another good shilling, with which he practised this trick a third time; the shillings returned by him being in every instance bad. The court held that the words of the statute were sufficient to include this case; and that uttering and tendering in payment were two distinct and independent acts.

1 Russ. 82.

By § 3. of the said repealed act (15 G. 2.), a second uttering of counterfeit money on the same day or within ten days is made liable to a severer punishment. On this section of the stat. the following cases have occurred.

An indictment on this act charged the prisoner in the first count with having on the 15th of December, 39 G. 3., uttered to one G. S. a counterfeit half-crown, knowing it to be so; and a second count charged her with having on the said 15th of Decem

ber, &c. uttered another counterfeit half-crown to the same person. The prisoner having been convicted on both counts, it was referred to the judges to consider what judgment was proper to be passed on this record; in Hilary term, 1799, the judges held, that this indictment was not sufficient to subject the prisoner to the larger penalty, as for uttering two pieces of counterfeit coin on the same day; there being no distinct averment of that fact. And judgment of imprisonment for six months only was given. 1 East's P. C. 182. 2 Leach, 833.

in a different count, will not warrant a judg

ment on stat.

§ 3. for a second uttering on same day.

But aliter

where the two utterings on the same day were

charged in one count.

But where two utterings are charged in one count of the indictment on a certain day therein named, the day will be held to be material, and the fact of an uttering twice on the same day to be sufficiently averred. Thus in Martin's case, Derby Lent Ass 1801, 1 East's P. C. Add. xviii. 2 Leach, 923. MS. C. C. R., 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 sufficient 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 The precise upon this case, that though, when the day is not material, the fact time must be 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 counterfeit coin at two different times of the same day.

On a prosecution for uttering counterfeit money, the fact of the prisoner having other counterfeit money upon him, or of his having uttered other pieces of money of the same kind, is evidence 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 payment, or give in exchange, or pay or put off any such false or counterfeit gold or silver coin (foreign coin, see § 2. ante, 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 suspicious, he may be arrested till he have found his warrant. 3 Inst. 18. 1 Haw. c. 17. § 68. Hale's Sum. 21.

proved, where

Evidence of knowing money

to be counterfeit.

Uttering, &c. counterfeit gold or silver foreign coin.

Having counterfeit coin in 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 base coin. Churchwardens, over

seers, or others,

intrusted to

make payments

In order to prevent the parish poor being paid in base or counPaying the poor terfeit coin, by stat. 9 G. 3. c. 37. § 7., if any churchwarden or overseer of any parish, township, or place, or other person authorised by them to make payments to or for the use of the poor within such parish, township, or place respectively, shall wilfully and knowingly make any such payments in any base or counterfeit money, or in any other than lawful money of G. B.; one justice may, and he is thereby required, on complaint, to summon the churchwarden, overseer, or other person charged, and in a summary way, upon his or their non-appearance or confession, or proof upon oath of one witness, adjudge the party so offending to forfeit for each offence a sum not less than 10s. nor more than 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 person or persons of the parish or place respectively, as the justice shall appoint.

to or for the use of the poor, making the same in any

other than lawful money, forfeit not less than 10s. nor

more than 20s.

Bullion.

59 G. 3. c. 49.

44 G. 3. c. 71.

IV. Bullion.

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 500l., half to the king and half to the informer.

V. Df Tokens.

Bank Tokens.

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.

57 G. 3. c. 113. after the 25th of March 1818, but extended (by 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 every 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 57. 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 the Bank till and company of the Bank of England, or at any time before the 25th of March 1820, or to 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

25 March 1820.

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.

Local Tokens.

By stat. 52 G. 3. c. 157. the circulation of local tokens of gold, silver, or mixed metal was prohibited after the 25th of March 1813, but extended by stat. 53 G. 3. c. 19. to the 5th of July 1813, and by stat. 53 G. 3. c. 114., after reciting, "that it is expedient that the period limited in the said last-mentioned act for 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,

52 G. 3. c. 157. Tokens not to after a certain time.

be circulated

53 G. 3. c. 114.

Act not to authorise issue of promissory

notes under 20s.

57 G. 3. c. 46.

No copper tokens to be made,

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 57. nor more than 107., 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.

By § 4. nothing in this act contained shall extend to authorise or make legal the issuing of any promissory note, not being a token composed of gold or silver, or of mixed metal composed 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 20l. 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 of copper, or mixed metal composed in part of copper, of whatever 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 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 17. nor more than 5l., at the discretion of the justice or justices of the peace who shall hear and determine such offence.

or issued,

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