Page images
PDF
EPUB
[ocr errors]

meanors.

warrants

to and for any one justice of the peace, on complaint made Felonies before him, upon the oath of one credible person, that there and Misde. is just cause to suspect that any one or more person or persons is or are, or hath or have been, concerned in making or counterfeiting any such false or counterfeit coin, as for searchaforesaid, resembling, or made with an intent to resem- ing susble, or look like, any gold or silver coin of any foreign pected prince, state, or country, or to pass as such foreign coin, Places for by warrant under the hand of such justice, to cause the foreign dwelling-house, room, workshop, outhouse, or other build- coin. ing, yard, garden, or other place, belonging to such suspected person or persons, or where any such person or persons shall be suspected to carry on any such making or counterfeiting, to be searched for any such false or counterfeit coin, or for tools or implements for coining such false or counterfeit coin, or for materials for making or coining the same; and if any such false or counterfeit coin, or any such tools or instruments, or any such materials for making any such false or counterfeit coin, shall be found in any place so searched, or if any such tools, implements, or materials, shall be found in the custody or possession of any person or persons whomsoever, not having the same by Such coun. some lawful authority, it shall and may be lawful to and terfeit coin,

, for any person or persons whatsoever, discovering the same, and mal to seize, and he and they are hereby authorized and re- terials, may quired to seize, such false or counterfeit coin, tools, im- be seized, plements, and materials, and to carry the same forthwith to and carried a justice of the peace of the county, city, or place, where justice, who the same shall be seized, who shall cause the same to be shall secure secured and produced'in evidence against any person or the same as

evidence,
persons, who shall or may be prosecuted for any of the
offences aforesaid, in some court of justice proper for the afterwards
determination thereof; and after such time as any such destroyed.
false or counterfeit coin, or any such tools, implements,
or naterials, shall bave been produced in evidence as
aforesaid, as well so much and such parts thereof as shall
have been so produced, as every other part thereof so
seized, and not made use of in evidence, shall forthwith,
by order of the court where such offender or offenders
shall be tried, or by order of some justice of the peace,
in case there shall be no such trial, be defaced or destroyed,
or otherwise disposed of, as such court or such justice shall
direct.

IX. [Limitation of actions, three Months--General Issue
-Treble Costs.]

Note.-On this statute, see 1 E. P. C. 176, or 1 Russ. 66, 67 ; and see the note ante, page 73.

and to be

MISDEMEANORS.

5 8. 6 Ed. 6, c. 19. The penalty Where in the parliament holden at Westminster, the for ex

25th year of the reign of King Edward the Third, it was changing of gold and

accorded, that it should be lawful for every man to exsilver. change gold for silver, or silver for gold, or for gold

and silver, so that no man did hold the same as ex-
change, nor take no profit for making of such exchange,
upon pain of forfeiture of the money so exchanged, except
the king's exchanges, which take profit of such exchange
according to an ordinance before that time made; which
statute notwithstanding, divers covetous persons of their
own authorities have of late taken upon them to make ex-
changes, as well of coined gold as of coined silver, re-
ceiving and paying therefore, more in value than hath
been declared by the king's proclamation to be current for
within this his realm and other his dominions, to the great

hindrance of the commonwealth of this realm.
The penalty II. Be it therefore enacted, &c. that if any person or
for giving
or receiving persons, after the first day of April next coming, exchange
for money," any coined gold, coined silver, or money, giving, receiving,

or paying, any more in value, benefit, profit, or advantage it is current for it, than the same is or shall be declared by the king's

majesty's proclamation to be current for within this his
highness' realm and other his dominions, that then all the
said coined gold, silver, and money so exchanged, and
every part and parcel thereof, shall be forfeit, and the
parties so offending shall suffer imprisonment by the space
of one whole year, and make fine at the king's pleasure :
the one moiety of the said gold, silver, or coin so for-
feited, to be to the king our sovereign lord, and the
other noiety to be to the party that seizeth the same, or
will sue for it by bill, plaint, original action of debt, in-
formation, or otherwise, in any of the king's courts of re-
cord ; in which suit no essoin, protection, or wager of law
shall lie, be allowed, or admitted.

more than

[ocr errors]

6 87 Will. 3, c. 17.
Whereas it is manifest that of late years the current
coin of this kingdom hath been greatly diminished, by clip-
ping, rounding, filing, and melting the same, and likewise
many false and counterfeit coins have been clipped for the
better disguising thereof, and for as much as it is apparent
that these practices of diminishing the current coin is very
much occasioned by those who drive a trade of exchanging
broad money for clipped money, and by other arts and
devices.

II. Be it therefore enacted, &c., that from and after the
first day of May, which shall be in the year of our Lord

Penalty upon per

meanor's.

silver mo

1695, if any person or persons whatsoever shall, at any Misde. one time or payment, exchange, lend, sell, borrow, or buy, receive or pay, any broad silver money, or silver money unclipped, of the coin of this kingdom, for more in tale, sons selling

or paying benefit, profit, or advantage, than the same was coined for, and ought by law to go for, be lent, sold for, bor- ney for rowed or bought, received or paid, shall forfeit the sum more than of ten pounds for every twenty shillings that shall be so it is coined. exchanged, lent, sold for, borrowed or bought, received or paid, and so on in proportion for any greater or lesser sum, one moiety thereof to his majesty, and the other moiety to the person who shall sue or inform for the same, to be recovered (with costs of suit) by action of debt, bill, plaint, or information, wherein no privilege, protection, or wager of law, shall be allowed, nor any more than one imparlance.

IV. And for the better preventing the clipping, dimi- Punishment pishing, or impairing the current coin

of this kingdom, be for buying it further enacted, by the authority aforesaid, that if any clippings, person whatsoever shall buy or sell, and knowingly have &c. in his custody or possession, any clippings or filings of the current coin of this kingdom, he shall, for every such offence, forfeit the said clippings or filings, and also the sum of five hundred pounds, one moiety to his majesty and the other to the informer, to be recovered as aforesaid, and shall be also branded in the right cheek with a hot iron with the letter R, and until payment of the said five hun. dred pounds shall suffer imprisonment.

8 8 9 Will. 3, c. 26. VIII. And for the rendering more effectual an act made Offences in in the sixth and seventh years of his majesty's reign, inti- 647 W. 3. tuled “An Act to prevent Counterfeiting and Clipping the 17 may, Coin of this Kingdom," be it enacted by the authority afore- the King's said, that all and every the crimes and offences specified Bench, or and mentioned in the said act, may be heard and determined at a gaul

delivery. upon indictment or presentment either in his majesty's Court of King's Bench, or before the justices of oyer and terminer, or justices of assize, or general gaol delivery.

56 Geo. 3, c. 68. XIII. Be it enacted, that from and after the passing of Current this act, no person shall by any means, device, shift, or gold coin contrivance whatsoever, receive or pay for any gold coin be received, lawfully current within the United Kingdom of Great Bri- or paid for, tain and Ireland any more or less in value, benefit, profit, more or less or advantage, than the true lawful value which such gold value, accoin doth or shall by its denomination import; nor shall cording to utter or receive any piece or pieces of gold coin of this its denomi

nation,

Misde. meanors.

Where per

the clerk of

realm at any greater or higher rate or value, nor at any less or lower rate or value, than the same shall be current for in payment, according to the rates and values declared and set upon them pursuant to law; and that every person who shall offend herein shall be deemed and adjudged guilty of a misdemeanor, and being thereof convicted by due course of law, shall suffer imprisonment for the term of six calendar months, and shall find sureties for his or her good behaviour for one year more, to be computed from the end of the said six months; and if the same person shall afterwards be convicted of the like offence, such person shall, for such second offence, suffer one year's imprisonment, and find sureties for his or her good behaviour for one year more, to be computed from the end of the said last-mentioned year; and if the same person shall afterwards offend against this act, and shall by due course of law be convicted of any subsequent offence, he or she shall be imprisoned for the term of two years for every such subsequent offence.

XIV. And be it further enacted, that if any person, sons who

who shall be convicted of receiving or paying any such have been convicted gold coin contrary to this act, shall afterwards be guilty of shall be the like offence, the clerk of the assize, or clerk of the again guilty peace for the county, city, or place, where such conviction

was so had, shall, at the request of the prosecutor, or any shall certify other person, on His Majesty's behalf, certify such convicformer con- tion, for whick certificate two shillings and sixpence, and viction.

no more, shall be paid ; and such certificate, being produced in court, shall be sufficient proof of such former conviction.

XV. And be it further enacted, that no person against whom any bill of indictment shall be found at any assizes or sessions of the peace, for any offence against this act, shall be entitled to traverse to any subsequent assizes or sessions ; but the court at which such bill of indictment shall be found, shall forth with proceed to try the person or persons against whom the same shall be found, unless he, she, or they, shall show good cause, to be allowed by

the court, why his, her, or their trial should be postponed. On prosecu.

XVI. Provided always, and be it further enacted, that tion, it shall on any prosecution or trial of any offender or offenders,

hereafter to be prosecuted or tried for any offence against cessary to

this act, it shall not be necessary to prove that the gold prove the money law. coin received, or paid, or uttered, contrary to this act, is

the current gold coin of this realm ; but the same shall be deemed and taken so to be, if received, or paid, or uttered as such, until the contrary thereof shall be proved to the satisfaction of the judge, justice, or court, before whom any

such offender or offenders shall be prosecuted or tried. Note.--It may be remarked, by various statutes have been made, at way of conclusion to this title, that different times, to prevent the melt

the peace

Indictments not to be traversed.

not be re

ful.

ing down of gold and silver coin, &c. &c. shall be subject to any and the exportation of it when restriction, forfeiture, pain, penalty, melted; but these statutes are no incapacity, or disability whatever, longer in operation : for the stat. for, or in respect of such melting, 59 Geo. 3, c. 49, reciting that the &c. any thing in any act, &c. not. laws then in force against melting withstanding. The act then exand exporting the gold and silver pressly repeals various ancient coin of the realm, had been found enactments on the subject, but proineffectual, and that it was expe- vides, that certain oaths shall be dient that the traffic in gold and taken on the exportation of molten silver bullion, should be unrestrain: silver or bullion; which provision, ed, enacts, that it shall be lawful however, being repealed hy stat. for any person or persons to export 1& 2 Geo. 4, c. 26, sec. 4, there are the gold or silver coin of the realm now no restrictions whatever on to parts beyond the seas, and to melting and exporting the coin of manufacture, or export, or other- the realm. The 14 Geo. 2, c. 42, wise dispose of the gold or silver relating to the importation of light bullion produced thereby; and that silver coin, is repealed by 6 Geo. 4, no person who shall export, or melt, c, 105,

to those

in the ap

COMPENSATION.

7 Geo. 4, c. 64. XXVIII. For the better remuneration of persons who Courts may have been active in the apprehension of certain offenders, be order coinit enacted, that where any person shall appear to any court

pensation of oyer and terminer, gaol delivery, superior criminal court who have of a county palatine, or court of great sessions, to have been been active active in or towards the apprehension of any person charged

prehension with murder, or with feloniously and maliciously shooting of certain at, or attempting to discharge any kind of loaded fire-arms offenders. at any other person, or with stabbing, cutting, or poisoning, or with administering anything to procure the miscarriage of any woman, or with rape, or with burglary, or felonious house-breaking, or with robbery on the person, or with arson, or with horse-stealing, bullock-stealing, or sheepstealing, or with being accessory before the fact to any of the offences aforesaid, or with receiving any stolen property, knowing the same to have been stolen, every such court is hereby authorized and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay the person or persons, who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expenses, exertions, and loss of time, in or towards such apprehension ; and where any person shall appear to any court of sessions of the peace, to have been active in or towards the apprehension of any party charged with receiving stolen property, know

« PreviousContinue »