meanors.

Felonies the said first six months; and if the same person shall and Misde- afterwards be convicted a second time of the like offence of uttering or tendering in payment any false or counterfeit money, knowing the same to be so, such person shall for such fence, two second offence suffer two years' imprisonment, and find years' imprisonment, sureties for his or her good behaviour for two years more, and security to be computed from the end of the said first two years; for two and if the same person shall afterwards offend a third time in uttering or tendering in payment any false or counterfeit money, knowing the same to be so, and shall be convicted of such third offence, he or she shall and is hereby adjudged to be guilty of felony without benefit of clergy.

years more.

For the third of

fence, felony without clergy.

Uttering

III. And it is hereby further enacted, &c. that if any person whatsoever shall, after the said 29th day of September, utter or tender in payment any false or counterfeit money, knowing the same to be false or counterfeit, to any person or persons, and shall, either the same day or within the space of ten days then next, utter or tender in payment any more or other false or counterfeit money, knowing the same to be false or counterfeit, to the same person or perfalse money sons, or to any other person or persons, or shall, at the twice within time of such uttering or tendering have about him or her, ten days; in his or her custody, one or more piece or pieces of counterfeit money, besides what was so uttered or tendered, then such person so uttering or tendering the same shali be deemed and taken to be a common utterer of false money, and, being thereof convicted, shall suffer a year's imprisonment, and shall find sureties for his or her good behaviour for two years more, to be computed from the end of the said year; and if any person, having been once so convicted as a common utterer of false money, shall afterwards again utter or tender in payment any false or Subsequent counterfeit money to any person or persons, knowing the same to be false or counterfeit, then such person, being thereof convicted, shall for such second offence be, and is out clergy. hereby adjuged to be, guilty of felony without benefit of clergy.

or having other false money in custody, to suffer a gaol imprisonment, &c.

offence felony with

Manner of

a second

offence in another

IV. [Provides against corruption of blood and loss of dower.]

V. Mode of trial-limitation of prosecutions: see ante, p. 69.]

VIII. [Offenders impeaching two others pardoned, see ante, p. 69.]

IX. And be it hereby further enacted, that if any perprosecuting son shall be convicted of uttering or tendering any false or counterfeit money, as aforesaid, and shall afterwards be guilty of the like offence, in any other county or city, the clerk of the assize, or the clerk of the peace for the county or city where such conviction was so had, shall, at the request of the prosecutor, or any other on his majesty's be

county.

half, certify the same by a transcript in a few words, con- Felonies taining the effect and tenor of such conviction; for which and Misdecertificate two shillings and sixpence, and no more, shall meanors. be paid; and such certificate, being produced in court, shall be sufficient proof of such former conviction.

in

66

Note.-See, as to money," the last note. The words of the statute "utter or tender in payment," are in the disjunctive, and will apply to an uttering of counterfeit money, though it be not tendered payment: : 1 Russ. 82; Franks's case, 2 Leach, 64. Where there are two utterings on the same day, they must be charged in one count, and the day named, being of the essence of the charge, must be proved as laid: Tandy's case, 1 E. P. C. 182, and Martin's case, 1 E. P. C. addenda xviii. or 1 Russ. 83. It is not necessary to state in the indictment that the offender was a common utterer, to warrant

the greater punishment of the third section, that being a necessary conclusion of law from the facts stated: Smith's case, 1 E. P. C. 183; R. & R. 5. Nor is it requisite to aver that he had been adjudged such, in order to support an indictment for felony upon a subsequent uttering: R. v. Michael, 1 E. P. C. add. xix; R. v. Booth, R. & R. 7. An indictment upon the second section for the felony must set out the former convictions and judgments with a prout patet per recordum: 1 Russ. 84. For evidence of guilty knowledge, see 1 Phil. Ev. 163; 1 Russ. 85, 86.

11 Geo. 3. c. 40.

Whereas the coining and counterfeiting any of the copper monies of this realm being punishable only as a misdemeanor, the practice thereof hath of late years greatly prevailed, and is likely to continue to increase to the great prejudice of trade, and manifest wrong and injury of his majesty's subjects: for redress of which growing mischief, be it enacted, &c., that if any person or persons shall, from Counterand after the 24th day of June, 1771, make, coin, or coun- feiting copterfeit, any of the copper monies of this realm, commonly per halfcalled ́an half-penny, or a farthing, such person or persons farthings, offending therein, and his, her, or their counsellors, aiders, felony. abettors, and procurers, shall be adjudged guilty of felony.

pence or

II. And be it further enacted by the authority aforesaid, Buying, that if any person or persons shall, from and after the said selling, or putting off 24th day of June, 1771, buy, sell, take, receive, pay, or counterfeit put off any counterfeit copper money, not melted down, copper or cut in pieces, at or for a lower rate or value than the money, felony. same, by its denomination, doth or shall import, or was counterfeited for, every such person and persons shall be adjudged guilty of felony.

III. And be it further enacted by the authority afore- Justices, on said, that it shall and may be lawful, to and for any one complaint of persons justice of the peace, on complaint made before him upon concerned

meanors.

to cause

to be searched. Persons

tools or

inay seize

the same,

Felonies the oath of one credible person, that there is just cause to and Misde- suspect that any one or more person or persons is or hath been concerned in counterfeiting the copper monies of this realm, by warrant under his hand, to cause the dwellingfeiting coin, house, room, workshop, outhouse, yard, garden, or other their houses place belonging to such suspected person or persons, to be searched for tools and implements for coining such copper monies; and if any such tools or implements shall at any discovering time be found hid or concealed in any place so searched, or be found in the custody or possession of any person or instruments, persons whatsoever, not then employed in the coining of money in some of his Majesty's mints, nor having the same by some lawful authority, that then it shall and may be lawful to and for any person or persons whatsoever discovering the same, to seize, and he and they are hereby authorized and required to seize the same, and carry them forthwith to some justice of the peace of the county, city, or place, where the same shall be seized, who shall cause the same to be secured and produced in evidence against any person or persons who shall or may be prosecuted for any of the offences aforesaid, in some court of justice proper for the determination thereof; and after such time as they, or any of them, shall have been produced in evidence, as well the same so produced as the other so seized and not made use of in evidence, and every of them, shall forthwith, by order of that court where such offender or offenders shall be tried, or by order of such or some other justice of the peace, in case there be no such trial, be defaced and destroyed, or otherwise disposed of, as such court, or such justice, shall direct.

which shall

be defaced

and destroyed as

justice shall

direct.

Note. -The offence of coining copper money of the realm, was only a misdemeanor at common law. By the 15 Geo. 2, c. 28, s. 6, offenders were punishable with two years' imprisonment, but the offence was not made a felony by that statute, which therefore seems to be repealed by 11 Geo. 3, c. 40, on the general principle of the misdemeanor being merged in the felony. However, the 37 Geo. 3, c. 126, (see post, p. 75,) extends the provisions of

the act Geo. 2, and of this statute, "to all such copper money as shall be coined and issued by order of his majesty, and as shall, by his royal proclamation, be ordered tobe deemed and taken as current money of this realm."

It should appear from this enactment, that upon an indictment for counterfeiting any other piece of copper money, but a halfpenny or farthing, the proclamation must be produced in evidence.

37 Gen. 3, c. 26.

Whereas, the Commons of Great Britain, in Parliament assembled, by their unanimous address to his Majesty, have requested that his Majesty would be graciously pleased to give directions that measures might be taken for procuring an immediate supply of such copper coinage as might be

first-recited

act, as re

and farth

best adapted to the payment of the laborious poor; and it Felonies is necessary that so much of the provisions contained in and Misde[the 15th Geo. 2, c. 28], as relates to the copper monies of meanors. this realm, commonly called an halfpenny and a farthing, and also the provisions contained in [the 11 Geo. 3, c. 40], and all other provisions made by law concerning the copper monies of this realm, commonly called an halfpenny and a farthing, should be extended to such copper money as may be coined and issued in pursuance of such address, and all other copper monies of this realm, which may be hereafter coined and issued by his majesty's authority: be it there. So much of fore enacted, &c., that, from and after the passing of this act, so much of the said act, passed in the 15th year of the lates to reign of his late Majesty King George the Second, intituled, halfpence "An Act for the more effectually preventing the Counterfeiting ings, and of the Current Coin of this Kingdom, and the Uttering or Pay- the last reing false or counterfeit Coin," as relates to the copper monies cited act, of this realm, commonly called an halfpenny and a farthing; and all and also the said act of the eleventh year of his majesty's lating to reign, intituled, "An Act for the more effectually preventing copper the Counterfeiting the Copper Coin of this Realm;" and all money of and every other acts or act of parliament concerning the cop; to extend to per monies of this realm, commonly called an halfpenny and all copper a farthing, or any other copper money of this realm, shall ex- money or tend, and be construed, deemed and taken to extend, to all dered by prociama. such pieces of copper money as shall be coined and issued tion, to be by order of his majesty, his heirs, and successors, and as taken as shall, by his or their royal proclamation, be ordered to be current deemed and taken as current money of this realm; and that money. all and every the provisions in such acts, or any of them, contained, shall extend, and be construed, deemed, and taken to extend, to all such other pieces of copper money as aforesaid, in such and the same manner as if such pieces had been particularly mentioned and described in such acts respectively.

others re

this realm,

or silver

for seven

years.

II. And whereas, the practice of counterfeiting foreign Countergold and silver coin, and the bringing into this realm, and feiting uttering within the same, false and counterfeit foreign gold foreign gold and silver coin, and particularly pieces of gold coin, com- coin, felomonly called louis d'or, and pieces of silver coin commonly ny; transcalled dollars, hath, of late, greatly increased; and it is ex- portation pedient that provision should be made more effectually to prevent the same: be it enacted, that if any person or persons shall, from and after the passing of this act, make, coin, or counterfeit any kind of coin, not the proper coin of this realm, nor permitted to be current within the same, but resembling, or made with intent to resemble, or look like any gold or silver coin of any foreign prince, state, or country, or to pass such foreign coin, such person or persons offending therein, shall be deemed and adjudged to be guilty of felony, and may be transported for any term of years, not exceeding seven years.

Felonies

meanors.

III. And be it further enacted, that if any person or perand Misde- sons shall, from and after the passing of this act, bring into this realm any such false or counterfeit coin as aforesaid, resembling, or made with intent to resemble or look like, any gold or silver coin of any foreign prince, state or country, or to pass as such foreign coin, knowing the same to be false or counterfeit, to the intent to utter the same within this realm, or within any dominions of the same, all and every such person or persons shall be deemed and utter,felony. adjudged to be guilty of felony, and may be transported for any term of years not exceeding seven years.

Bringing into the realm, foreign counterfeit coin, with

intent to

Tendering in payment such counterfeit coin: first of

fence síx months' imprisonment; second offence, two years'; third of

benefit of clergy.

IV. And be it further enacted, that if any person or persons shall, from and after the passing of this act, utter or tender in payment, or give in exchange, or pay or put off, to any person or persons, any such false or counterfeit coin as aforesaid, resembling, or made with intent to resemble or look like, any gold or silver coin of any foreign prince, state or country, or to pass as such foreign coin, knowing the same to be false or counterfeit, and shall be thereof convicted, every person so offending shall suffer six months' imprisonment, and find sureties for his or her good behaviour fence, felo. for six months more, to be computed from the end of the ny, without said first six months; and if the same person shall afterwards be convicted a second time for the like offence of uttering, or tendering in payment, or giving in exchange, or paying, or putting off, any such false or counterfeit coin, as aforesaid, knowing the same to be false or counterfeit, such person shall, for such second offence, suffer two years' imprisonment, and find sureties for his or her good behaviour for two years more, to be computed from the end of the said first two years; and if the same person shall afterwards offend a third time, in uttering or tendering in payment, or giving in exchange, or paying, or putting off, any such false or counterfeit coin, as aforesaid, knowing the same to be false or counterfeit, and shall be convicted of such third offence, he or she shall be adjudged to be guilty of felony, without benefit of clergy.

Clerk of the

the peace,

to certify the convic

tion of any person for uttering counterfeit coin.

V. And be it further enacted, that if any person shall be assize, or of convicted of uttering or tendering any such false or counterfeit coin, as aforesaid, and shall afterwards be guilty of the like offence in any other county, city, or place, the clerk of the assize or clerk of the peace for the county, city, or place, where such former conviction shall have been had, shall, at the request of the prosecutor, or any other on his majesty's behalf, certify the same by a transcript, in few words, containing the effect and tenor of such conviction; for which certificate two shillings and sixpence, and no more, shall be paid, and such certificate, being produced in court, shall be sufficient proof of such former conviction.

Justices may grant

VII. And be it enacted, that it shall and may be lawful