No. LXIV. 9 and 10 William III. e. 21. ' which it hath been so lately delivered with great difficulty and hazard, and that counterfeit and unlawfully diminished money, which already begins to increase, may be defaced and destroyed: Be it declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by authority of the same, That it is and shall be lawful to and for any person to whom any silver money shall be tendered, any Any person piece or pieces whereof shall be diminished, otherwise than by reasonable may cut or dewearing, or that, by the stamp, impression, colour, or weight thereof, he face diminishshall suspect to be counterfeit, to cut, break, or deface such piece or pieces; feit money, and if any piece so cut, broken, or defaced, shall appear to be counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight, and appear to be lawful money, the person that cut, broke, or defaced the same shall, and is hereby required to take and receive the same, at the rate it was coined for; and if any question or dispute shall arise, whether the piece so cut be counterfeit, it shall be heard ed or counter &c.. and finally determined by the mayor, bailiff or bailiffs, or other chief officer Mayor, &c. to of any city or town corporate, where such tender shall be made; and if determine dissuch tender shall be made out of any city or town corporate, then by the putes. next justice of the peace of the county, inhabiting or being near the place where such tender shall be made; and the said mayor, or other chief officer, and justice of the peace, shall have full power and authority to administer an oath, as he shall see convenient, to any person, for the determining any questions relating to the said piece. II. And be it further enacted by the authority aforesaid, That the tellers Officers of the of the receipt of the exchequer, and their deputies and clerks, and receivers exchequer,&c. general of every branch of his Majesty's revenue, aids, impositions, duties, required to cut and taxes, given or granted, or to be hereafter given or granted, shall and such money so are hereby required, to cut, break, or deface, or cause to be cut, broken, tendered, &c. or defaced, every piece of counterfeit or unlawfully diminished silver money, that shall be tendered in payment to them, to the use of his Majesty, his heirs or successors, or for any part of the revenue, aids, impositions, duties, or taxes of his Majesty, his heirs or successors; and the better to discover silver money that is counterfeit, or unlawfully diminished, from that which is good and true, the tellers and receivers general, and their respective deputies and clerks, shall weigh, in whole sums or otherwise, all silver money by them received; and if the same, or any piece thereof, shall, by the weight or otherwise, appear to be counterfeit, or unlawfully diminished, the same shall not be received by or from them in the said receipt of the exchequer, nor be allowed them upon their respective accounts. III. And be it further enacted by the authority aforesaid, That an Act 8 & 9 W. III. made the last session of this present Parliament, intituled, An Act for the c. 26, continubetter preventing the counterfeiting the current Coin of this Kingdom, and ed. every article and clause therein contained, shall from henceforth continue and be of force until the five and twentieth day of March, which shall be in the year of our Lord one thousand seven hundred and one, and from thence to the end of the next session of Parliament. [No. LXV.] 1 Anne, stat. 1. c. 9. An Act for continuing the Act made in the eighth year of his late Majesty's reign, for better preventing the counterfeiting the current Coin of this Kingdom. [I. 8 W. III. c. 26. 9 W. III. c. 21. continued till 1709.] II. AND whereas in the aforesaid Act it is ordained, That no prosecution shall be made for any offence against the said Act, unless 'such prosecution be commenced within three months after such offence 'committed: Be it further enacted by the authority aforesaid, That the prosecution of such person or persons as offend against the said Act, by making or mending, or beginning or proceeding to make or mend any coining tool or instrument therein prohibited, or by marking of money round 1. No. LXV. I Anne, st. 1. c. 9. Offenders may be prosecuted in six months after offence. No. LXV. 1 Anne, st. 1. c. 9. P. No. LXVI. 7 Anne, c. 25. the edges with letters or grainings, may be commenced at any time within six months after such offence committed; any thing in the said Act to the contrary in any wise notwithstanding. [III. Newcastle-upon-Tyne appointed one of the places for marking wrought plate, &c.] [IV. Goldsmiths, &c. of Newcastle incorporated, and may choose wardens.] [V. Silver plate how to be made and marked, &c.-Company may elect an assay master, &c.] [No. LXVI.] 7 Anne, c. 25. An Act for making perpetual an Act for the better preventing the counterfeiting the current Coin of this Kingdom, as also an Act for giving like remedy upon Promissory Notes as is used upon Bills of Exchange, and for the better payment of inland Bills of Exchange; and also for continuing several Acts made in the fourth and fifth year of her Majesty's reign, for preventing frauds committed by bankrupts. WHEREAS the temporary laws following, which by experience have been found beneficial and useful, are expired or near expiring:" Therefore, for continuing the same, be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That an Act, made in the session of Parliament held in the eighth year of the reign of his late Majesty King William 8 W. III c. 26. the Third of glorious memory, intituled, An Act for the better preventing the counterfeiting the current Coin of this Kingdom, which was to continue for one year, was, by a clause in another Act, made in the ninth year of his said Majesty's reign, continued in force unto the five and twentieth day of March one thousand seven hundred and one; which Act was further continued, by an Act made in the first year of her present Majesty's reign, till the five and twentieth day of March one thousand seven hundred and nine, and from thence to the end of the first session of Parliament then next ensuing, shall be, and is hereby continued, and shall be in force, and is hereby made perpetual. 9 W. III. c. 2. 1 Annæ, stat. 1. č. 9. The prosecu III. c. 26, may be commenced in six months after the offence. II. And whereas, by an Act made in the eighth year of his late Majestion of offences'ty's reign, intituled, An Act for the better preventing the counterfeiting the against 8 W. current Coin of this Kingdom, it is ordained, That no prosecution shall be made for any offence against the said Act, unless such prosecution be commenced within three months after such offence committed:' Be it enacted by the authority aforesaid, That the prosecution of such person or persons as offend against the said Act, by making or mending, or beginning or proceeding to make or mend, any coining tool or instrument therein prohibited, or by marking of money round the edges with letters or grainings, may be commenced at any time within six months after such offence committed; any thing in the said Act to the contrary, in any wise, notwithstanding. P. [No. LXVII.] 6 George I. c. 11. An Act for laying a duty upon wrought plate: and for applying money arising for the clear produce (by sale of the forfeited estates) towards answering his Majesty's supply; and for taking off the drawbacks upon hops exported for Ireland; and for payment of Annuities to be purchased after the rate of four pounds per centum per annum at the Exchequer, redeemable by Parliament; and for appropriating supplies granted in this session of Parliament; and to prevent counter c. 11. feiting receipts and warrants of the officers of the South-Sea No. LXVII. Company; and for explaining a late Act concerning foreign 6 Geo. I. salt cellared and locked up before the four and twentieth day of June one thousand seven hundred and nineteen; and to give a further time for paying duties on certain apprentices' indentures; and for relief of Thomas Vernon, Esq. in relation to a parcel of senna imported in the year one thousand seven hundred and sixteen. [The subject of this Section is not at all noticed in the Title.] XLI. AND whereas it may be requisite, for encouraging the several ma- The two difnufactures of wrought plate, to continue both the standard of ferent stand. ' eleven ounces tenpenny weight Troy, and also the standard of eleven ards of ounces twopenny weight Troy, for the better accommodating the buyers wrought plate of plate, and the workers and dealers therein;' Be it therefore enacted by continued. the authority aforesaid, That from and after the first day of June, one thousand seven hundred and twenty, all silver vessels of plate or manufactured of silver shall not be made less in fineness than that of eleven ounces tenpenny weight of fine silver in every pound Troy, or of silver less in fineness than eleven ounces twopenny weight of fine silver in every pound Troy; which two different standards of wrought plate shall be severally and respectively marked with distinguishing marks; (that is to say) vessels The distinmade of silver plate or manufactured silver not less in fineness than eleven guishing ounces tenpenny weight of fine silver in every pound Troy, to be marked marks for the with the workman's mark, the mark of the wardens of the mystery or craft two standards. of the goldsmiths, and with the figure of a lion's head erased, and the figure of a woman called the Britannia; and all vessels of silver plate or manufactured silver not less in fineness than eleven ounces twopenny weight of fine silver in every pound Troy, and under the degree of eleven ounces tenpenny weight of fine silver in every pound Troy, shall be marked with the workman's mark, and the wardens of the mystery or craft of goldsmiths as aforesaid, and with the figure of a lion passant, and the figure of a leopard's head; and that it shall not be lawful to make any vessels of silver plate or No plate to be manufactures of silver of a coarser allay than what is herein specified, under of a coarser the penalties and forfeitures prescribed by any of the laws now in being concerning wrought plate; any thing in this Act or any other Act or Acts to the contrary notwithstanding. allay. P. [No. LXVIII.] 12 Geo. II. c. 26.—An Act for the better preventing Frauds and Abuses in Gold and Silver Wares. I. AND whereas the standards of the plate of this kingdom are both for No.LXVIII. the honour and riches of the realm, and so highly concern his Majes c. 26. ty's subjects, that the same ought to be most carefully observed, and all 12 Geo. II. deceits therein to be prevented as much as possible; but notwithstanding the aforesaid several Acts of Parliament and Charters, great frauds are daily committed in the manufacturing of gold and silver wares, for want of 6 sufficient power effectually to prevent the same;' Now for remedying such abuses for the future, may it please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from Fineness of and after the twenty-eighth day of May one thousand seven hundred and gold and silver thirty-nine, no goldsmith, silversmith, or other person whatsoever making, wares limited. trading, or dealing in gold or silver wares, within that part of Great Britain called England, shall work or make, or cause or procure to be wrought or made, any gold vessel, plate, or manufacture of gold whatsoever, less in fineness than twenty-two carracts of fine gold in every pound weight Troy; nor work or make, or cause or procure to be wrought or made any silver vessel, plate, or manufacture of silver whatsoever, less in fineness than eleven ounces twopenny weight of fine silver in every pound weight Troy; nor c. 26. [Part V¿ No.LXVIII. sell, exchange, or expose to sale, or export out of this kingdom, any gold 12 Geo. II. vessel, plate, or manufacture of gold whatsoever, made after the said twenty-eighth day of May one thousand seven hundred and thirty-nine, less in fineness than twenty-two carracts of fine gold in every pound weight Troy; nor sell, exchange, or expose to sale, or export out of this kingdom, any silver vessel, plate, or manufacture of silver whatsoever, made after the said twenty-eighth day of May one thousand seven hundred and thirty-nine, less in fineness than eleven ounces twopenny weight of fine silver in every pound weight Troy; upon pain that every such goldsmith, silversmith, or other person for every such offence shall forfeit and pay the sum of ten pounds, to be recovered and disposed of as hereinafter is mentioned; and for default of payment the offender shall be committed by the Court, in which judgment shall be given thereon, to the House of Correction for the county, city, or liberty where convicted; there to remain, and be kept to hard labour, for any time not exceeding the space of six months, or until payment be made of the said forfeiture 15 Geo. II. c. 28. [III. How shopkeepers exempted from prosecutions.] [IV. No trials against them, but within four Terms.] [V. Penalty on selling or exporting gold or silver wares before marked.] [VI. Wares excepted.] [VII. Penalty in 12 W. III. c. 4. s. 8, repealed.] [VIII. 100l. penalty on forging stamps. This clause is repealed by 31 Geo. II. c. 32, which makes forging stamps, &c. felony without benefit of clergy.] 11. [IX. Clause to prevent the private working of silver plate. 6 Geo. I. c. [XII. Appeal.] [XIII. Prices for assaying wrought plate limited.] [XVII. Penalty on refusing to pay the assaying, &c.] [XVIII. Same prices at York, Exeter, &c.] [XIX. Overplus (if any) how to be applied.] [XX. Assay-office to be kept open from 7 till 9 in the morning, &c.f [XXI. Penalty on not entering new marks, &c.] [XXII. Forfeitures how to be recovered.] [XXIII. Limitation of actions.-General issue.-Treble costs.] [No. LXIX.] 15 George II. c. 28.-An Act for the more effectual preventing the counterfeiting of the Current Coin of this Kingdom, and the uttering or paying false or counterfeit Coin. No. LXIX. BE it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person whatsoever shall, after the twenty-ninth day of September, in the year of our Lord one thousand seven hundred and forty-two, wash, gild, or colour any of the lawful silver coin called a shilling or a sixpence, or any counterfeit or false shilling or sixpence, or add to or alter the impression, or any part of the impression, of either side of such lawful or counterfeit shilling or sixpence, with intent to make such shilling resemble or look like, or pass for a piece of lawful gold coin called a guinea, or with intent to make such sixpence resemble or look like, or pass for a piece of lawful gold coin called an half-guinea; or shall file, or any wise alter, wash, or colour any of the brass monies called halfpennies or farthings, or add to or alter the impression, or any part of the impression of either side of an halfpenny or farthing, with intent to make an halfpenny resemble or look like, or pass for a lawful shilling, or with intent to make a farthing resemble or look like, or pass for a lawful sixpence, the person and persons so offending in any of the matters aforesaid, their counsellors, aiders, abettors, and procurers, shall be, and is and are hereby adjudged to be guilty of high treason. High treason to gild silver coin, &c. II. And whereas the uttering of false money, knowing it to be false, is a 'crime frequently committed all over the kingdom, and the offenders there❝ in are not deterred, by reason that it is only a misdemeanor, and the pu'nishment very often but small, though there be great reason to believe, that 'the common utterers of such false money are either themselves the coiners, or in confederacy with the coiners thereof:' For preventing whereof, Be it hereby further enacted by the authority aforesaid, That if any person whatsoever shall, after the said twenty-ninth day of September, utter or tender in payment any false or counterfeit money, (1) knowing the same to be false or counterfeit, to any person or persons, and shall be thereof convicted, such person so offending shall suffer six months' imprisonment, and find sureties for his or her good behaviour for six months more, to be computed from the end of the said first six months; and if the same person shall 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 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 any false or counterfeit money, knowing the same to be so, and shall be convicted of such third offence, he or she shall be and is hereby adjudged to be guilty of felony without benefit of clergy. III. And it is hereby further enacted by the authority aforesaid, That if any person whatsoever shall after the said twenty-ninth 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, (2) 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 persons, or to any other person or persons, or shall at the time of such uttering or tendering have about him or her, 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 shall 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 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 hereby adjudged to be guilty of felony without benefit of clergy (3). No. LXIX. 15 Geo. II. c. 28. Blood not cor IV. And it is hereby further enacted by the authority aforesaid, That the person or persons convicted of any of the treasons and felonies respectively rupted. hereinbefore mentioned, shall suffer death as in case of high treason and fe (1) This only applies to gold and silver; and an indictment for uttering counterfeit copper money cannot be sustained at common law; Criwan's case, 1 East, P. C. c. 4, § 28. There have been several attempts to prosecute for the mere possession of base coin, but it has been lately decided that such an indictment could not be sustained. In a case before the late Ch. Baron Thomson, Lancaster Spring Assizes, 1816, the indictment was for procuring counterfeit money with intent to utter, which was contended to be an act, and therefore indictable. The only evidence being of possession of counterfeit money, under such circumstances as shewed an intent to utter, the learned judge was of opinion that the case was not proved: he also held that the procuring must be proved to be within the county. It seems desirable that there should be a legislative provision upon the subject; and Q. Whether VOL. V. it would not be an improvement to allow a greater latitude of discretion in the punishment for uttering? (2) Where two utterings were charged in the same day, in two counts, and without a distinct averment that the second uttering was on the same day as the first, it was thought adviseable only to give judgment for six months' imprisonment singly, and not on each of the counts; Eliz. Tandy's case, 1 East, ch. 4. §. 29. (3) It is not necessary to state in the indictment for the greater offence, that the defendant was a common utterer; nor that he should have been adjudged such in order to support an indictment for felony upon a subsequent uttering; Smith's case, 1 E. P. C. ch. 4, 29. 2 B. and P. 127. R. v. Michael, 2 Leach, (4th edit.) 238. 1 East, Add. xix. N |