Solitary confinement. Costs, &c. Commencement of Act. Section 53.-Solitary confinement during imprisonment is not to exceed one month at any one time, nor three months in any one year. Section 54.-The costs of the prosecution of indictable misdemeanor against this Act may be allowed in the same manner in all respects as in cases of felony. Section 55.-This Act shall not extend to Scotland, except as otherwise hereinbefore expressly provided. Section 56.-Commencement of Act, November 1st, 1861. Interpreta tion of terms. Current gold and silver coin. Copper coin. False or coin. COINAGE. (24 & 25 VICT. c. 99.) An Act to consolidate and amend the Statute Law of the United COINAGE OFFENCES. Section 1.-The expression "the Queen's current gold and silver coin includes any gold or silver coin coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in any part of Her Majesty's dominions, whether within the United Kingdom or otherwise. The expres sion the Queen's copper coin" includes any copper coin and any coin of bronze or mixed metal coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in any part of Her Majesty's said dominions. The expression "false or counterfeit coin resembling or apparently counterfeit intended to resemble or pass for any of the Queen's current gold or silver coin," includes any of the current coin which shall have been gilt, silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble or be apparently intended to resemble or pass for any of the Queen's current coin of a higher denomination. The expression "the Queen's current coin" includes any coin coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in any part of Her Majesty's dominions, and whether made of gold, silver, copper, bronze, or mixed metal. Where the having any matter in the custody or possession of any person is mentioned in this Act, it shall include, not only the having of it by himself, in his personal custody or possession, but also the knowingly and wilfully having it in the actual custody or possession of any other person, and also the knowingly and wilfully having it in any dwelling-house or other building, lodging, apartment, field, Current coin. Possession. or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit or for that of any other person. Counter Section 2.-To falsely make or counterfeit any coin (a) re- feiting gold sembling or apparently intended to resemble or pass for any of or silver the Queen's current gold or silver coin, is in England and coin. Ireland felony, and in Scotland a high crime and offence (b). Punishment, penal servitude for life or imprisonment for two years. counterfeit Section 3.-Colouring, washing, &c., counterfeit coin or any Colouring piece of metal, with intent to make it pass for gold or silver coin, coin. or colouring, filing, or otherwise altering genuine coin with intent to make it pass for coin of a higher degree, is a felony punishable by penal servitude for life or imprisonment for two years. Section 4.-To impair, diminish, or lighten any of the Queen's Impairing. gold or silver coin, with intent that it shall pass for gold or silver coin is felony. Punishment, 14 years' penal servitude or two years' imprisonment. Section 5.-Unlawfully having in possession any filings or clip. Possessed of pings, dust, &c., produced or obtained by impairing, diminishing, filings. or lightening any of the Queen's gold or silver coin, knowing the same to have been so produced or obtained, is felony. Punishment, penal servitude for seven years, or two years' imprisonment. Section 6.-Whosoever, without lawful authority or excuse Dealing in (the proof whereof shall lie on the party accused), shall buy, sell, receive, pay, or put off, or offer to buy, sell, &c., any false or counterfeit coin resembling, &c., the Queen's gold or silver coin, for a lower rate or value than the same imports, shall be guilty of felony. Punishment, penal servitude for life or imprisonment for two years. counterfeit coin. Section 7.-Whosoever without lawful authority or excuse (the Importing. proof whereof shall lie on the party accused), shall import or receive into the United Kingdom from beyond the seas any counterfeit coin resembling, &c., the Queen's gold or silver coin, knowing the same to be false or counterfeit, shall be guilty of felony. Punishment, penal servitude for life or imprisonment for two years. Section 8.-Whosoever, without lawful authority or excuse Exporting. (the proof whereof shall lie on the party accused), shall export or put on board any ship, vessel, or boat for the purpose of being (a) Genuine coins fraudulently filed at the edges by which weight is considerably reduced are counterfeit. (R. v. Herman, 48 L. J. 106; 43 J. P. 398.) (b) All crimes which under this Act are felonies in England and Ireland are in Scotland high crimes and offences, misdemeanors in England and Ireland high crimes and offences in Scotland. Uttering. Uttering, &c. exported from the United Kingdom, any false or counterfeit coin, resembling, &c., the Queen's current coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor. Punishment, two years' imprisonment. Section 9.-To tender, utter, or put off any counterfeit coin resembling, &c., the Queen's gold or siver coin, knowing the same to be false or counterfeit, is a misdemeanor. Punishment, imprisonment for one year. Section 10.-Whosoever shall tender, utter (a), or put off any possession, counterfeit coin resembling, &c., the Queen's gold or silver coin, knowing the same to be false or counterfeit, and shall, at the time of such tendering, &c., have in his possession any other piece of false or counterfeit coin resembling, &c., any of the Queen's gold or silver coin, or shall, within the space of ten days, tender, utter, or put off any other false or counterfeit coin resembling, &c., any of the Queen's gold or silver coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor. Punishment, imprisonment for two years. Having in possession. Second offence. Uttering foreign coin, medals, &c. Counterfeiting copper coin. Section 11.-Whosoever shall have in his possession three or more pieces of false or counterfeit coin resembling, &c., any of the Queen's gold or silver coin, knowing the same to be false or counterfeit, and with intent to utter or put them off, shall be guilty of a misdemeanor. Punishment, penal servitude for five years or imprisonment for two years. Section 12.-Anyone who after a previous conviction for any such demeanors as are mentioned in the last three preceding sections (9, 10, 11) of this Act, shall afterwards commit any of the misdemeanors in any of such sections mentioned, shall be guilty of felony. Punishment, penal servitude for life, or imprisonment for two years. Section 13.-Uttering with intent to defraud any spurious coin, e.g., foreign coin, medals, pieces of metal, &c., as current gold and silver coin, such coin, medals, &c., so tendered or uttered being of less value than the current coin, as or for which the same shall be so tendered or uttered, is a misdemeanor. Punishment, one year's imprisonment. Section 14.-Whosoever shall falsely make or counterfeit any coin resembling or apparently intended to resemble or pass for any of the Queen's current copper coin; and whosoever without lawful authority or excuse (the proof whereof shall lie on the (a) Evidence of subsequent uttering is admissible to prove guilty knowledge (R. v. Foster, 24 L. J. 134). Where coins were found in a prisoner's pocket separately wrapped up, it was held evidence of guilty knowledge (R. v. Jarvis, 25 L. J. 30. See also p. 109, ante.) party accused), shall knowingly make or mend, buy or sell, or have in his custody or possession, any coining instrument or apparatus adapted and intended to make any copper coin; or shall buy, sell, put off, &c., or offer to buy, &c., any false or counterfeit coin resembling, &c., the Queen's copper coin, at or for a lower rate or value than the same imports, shall be guilty of felony. Punishment, penal servitude for seven years or imprisonment for two years. base copper coin. Section 15.-Whosoever shall utter, &c., any false or counter. Uttering feit coin resembling, &c., any of the Queen's current copper coin, knowing the same to be false or counterfeit, or shall have in his possession three or more pieces of counterfeit coin resembling, &c., any of the Queen's current copper coin, knowing the same to be false or counterfeit, and with intent to utter or put off the same, shall be guilty of a misdemeanor. Punishment, imprisonment for one year. Section 16.-To deface the Queen's gold, silver, or copper coin Defacing by stamping any names or words thereon, although the coin be coin. not thereby lightened, is a misdemeanor. Punishment, imprisonment for one year. coin. Section 17.-Any gold, silver, or copper coin defaced as in the Tender of last preceding section mentioned is not a legal tender, and by the defaced permission of the Attorney-General (or in Scotland by permission of the Lord Advocate), any person who tenders or puts off coin so defaced is liable on conviction before two justices to a fine of 40s. foreign coin. Section 18. To make or counterfeit any kind of coin not Counterbeing the Queen's current gold or silver coin, but resembling or feiting apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state or country, is felony. Punishment, penal servitude for seven years or imprisonment for two years. Section 19.-Whosoever without lawful authority or excuse Importing (the proof whereof shall lie on the party accused), shall bring or foreign coin. receive into the United Kingdom any such false or counterfeit coin as mentioned in the last section, knowing the same to be false or counterfeit, shall be guilty of felony. Punishment, penal servitude for seven years or imprisonment for two years. Section 20.-To tender or utter a counterfeit coin meant to Uttering resemble a foreign gold or silver coin, knowing the same to be such coin. false or counterfeit, is a misdemeanor, punishable by imprisonment for six months for a first offence. Section 21.-A second conviction for a like offence as in the Second last preceding section mentioned renders the offender liable to offence. two years' imprisonment; a third offence is felony-punishment, Third penal servitude for life, or two years' imprisonment. offence. Counterfeiting foreign coin other than gold or silver. Possession of more than five pieces of such coin. Making, &c., coining tools. Conveying tools, &c., out of mint. Section 22.-Whosoever shall falsely make or counterfeit any kind of coin not being the Queen's current coin, resembling, &c., any copper coin, or any other coin made of any metal or metals of less value than the silver coin of any foreign prince, state, &c., shall be guilty of a misdemeanor. Punishment, imprisonment for one year, and for the second offence penal servitude for seven years or imprisonment for two years. Section 23. To have in possession without lawful authority or excuse (the proof whereof shall lie on the party accused), any greater number of pieces than five pieces of false or counterfeit foreign coin, or any such copper or other coin as in the last preceding section mentioned, renders the possessor liable on conviction before a justice to a penalty not exceeding 40s. nor less than 10s. for every such piece of false or counterfeit coin which shall be found in his possession, one moiety to the informer the other to the poor of the parish. (The coin to be destroyed by order of justice). In default of payment the offender may be committed to prison for the space of three months, or until such penalty shall be paid. Section 24.-Knowingly and without lawful authority or excuse (the proof whereof shall lie on the party accused) to make or mend, or buy or sell, or have in possession, any puncheon, counter puncheon, matrix, stamp, die, pattern, or mould, in or upon which there shall be made or impressed, or which shall be adapted or intended to make or impress the figure, stamp, &c., of either of the sides of any of the Queen's current gold or silver coin, or any of the coin of any foreign prince, state, &c; or to make or mend, or buy or sell, or have in possession, any edger, edging, or other tool, collar, instrument, or engine, adapted and intended for the marking of coin round the edges with letters, grainings, &c., resembling those on the edges of any such coin as in this section aforesaid, knowing the same to be so adapted and intended as aforesaid; or to make or mend, or buy or sell, or have in possession, any press for coinage, or any cutting engine, or contrivance for cutting round blanks out of gold, silver, or other metal, or any other machine, knowing such press to be a press for coinage, or knowing such engine, &c., to have been used or to be intended to be used for the false making or counterfeiting of any such coin, is felony. Punishment, penal servitude for life or imprisonment for two years. Section 25. To knowingly convey out of any of Her Majesty's mints without lawful authority or excuse (the proof whereof shall lie on the party accused), any puncheon, counter puncheon, matrix, stamp, die, pattern, mould, edger, edging or other tool, collar, instrument, press, or engine used in coining, or any useful part of any of the several matters aforesaid, or any coin, bullion, or metal, is felony. Punishment, penal servitude for life or imprisonment for two years. |