i. The current gold or silver coin of this realm, commonly called the queen's money,(t) ii. Foreign gold or silver coin,(u\ iii. The queen's current copper coin, (x) is guilty of felony, and is punishable, in the case of gold and silver coin of the realm, with penal servitude to the extent of life; in the other cases, to the extent of seven years. Counterfeiting iv. Foreign coin other than gold or silver coin is a misdemeanor, punishable, for the first offense, with imprisonment not exceeding one year; for the second offense, with penal servitude to the extent of seven years.(y) The offense is complete although the false coin has not been finished, or is not in a fit state to be uttered; (2) much less is any attempt to utter necessary. Any one, not necessarily an officer from the mint, may, at the trial, prove the falseness. (a) In this offense is included that committed by persons lawfully engaged in coining, who make the coin lighter or of baser alloy. The counterfeiting can generally only be proved by circumstantial evidence; for example, by proof of finding coining tools in working order, and pieces of the money, some in a finished, some in an unfinished state. B. Coloring coin.-Coloring, washing, etc., counterfeit coin, or any piece of metal with intent to make it pass for gold or silver coin; or coloring, filing, or otherwise altering genuine coin with intent to make it pass for coin of a higher degree, is a felony, punishable with penal servitude to the extent of life.(b) C. Impairing, etc., gold and silver coin.-Impairing, diminishing, or lightening any of the queen's gold or silver coin, with the intent that it shall pass for gold or silver coin, is felony, punishable with penal servitude to the extent of fourteen years.(c) Having in possession any filings, clippings, dust, etc., obtained by the above-mentioned process, is a felony, thelimit of penal servitude for which is seven years.(d) D. Defacing coin.-Defacing the queen's gold, silver, or copper coin, by stamping thereon any names or words, although the coin be not thereby lightened, is a misdemeanor, punishable with imprisonment not exceeding one year.(e) It should be added that coin so defaced is not legal tender; and by the permission of the attorney-general or lord advocate, any person who tenders or puts off coin so defaced may be brought before two magistrates, and on conviction be fined not exceeding forty shillings.(ƒ) E. Buying or selling, etc., counterfeit coin at lower value. -Any person, without lawful authority or excuse (the proof whereof lies on the accused), buying, selling, receiv ing, or putting off any counterfeit coin for a lower rate or value than it imports, is guilty of felony. If the counterfeit be of gold or silver, the extent of penal servitude is life(); if copper, the limit is seven years. (h) F. Importing and exporting counterfeit coin.-Importing or receiving into the United Kingdom from beyond the seas, without lawful authority, etc., counterfeit gold or silver coin, knowing the same to be false and counterfeit, is a felony, punishable with penal servitude to the extent of life.() It is said that importing the coin from the queen's dominions beyond the seas does not fall within this section, because the counterfeiting there is punishable by the laws of England.(j) Importing foreign counterfeit coin is a felony, the limit of the penal servitude for which is seven years.(k) Exporting, or putting on board any vessel for the purpose of being exported from the United Kingdom any coin. counterfeit of the queen's current coin, without lawful authority, etc., is a misdemeanor punishable with imprisonment not exceeding two years.(1) G. Uttering counterfeit coin.-Tendering, uttering, or putting off counterfeit gold or silver coin, knowing the same to be false and counterfeit, is a misdemeanor punishable with imprisonment not exceeding one year.(m) If at the time of uttering, the offender has any other counterfeit coin in his possession, or if he within ten days utters another coin, knowing it to be counterfeit, the punishment may extend to two years.(n) If the uttering is after a previous conviction for either of these offenses, or for having in possession three or more pieces of counterfeit, or for any felony relating to the coin, the utterer is guilty of felony, and may be sentenced to penal servitude for life. (0) Uttering counterfeit coin meant to resemble a foreign gold or silver coin, is punishable for the first offense with imprisonment not exceeding six months; for the second not exceeding two years. The third offense is a felony punishable with penal servitude to the extent of life.(p) Uttering spurious coin, e. g., foreign coin, medals, pieces of metal, etc., as current gold or silver coin, with intent to defraud, is a misdemeanor punishable with imprisonment to the extent of one year.(q) H. Having counterfeit coin in possession.-Having three or more counterfeit gold or silver coins in possession, knowing them to be counterfeit, and intending to utter or put off them, or any of them, is a misdemeanor punishable with penal servitude limited to five years (r) If after previous conviction for either of the misdemeanors mentioned in sections 9 and 10, or any felony relating to the coin, the crime is a felony, and may be punished with penal servitude to the extent of life.(s) If the coin is the queen's copper coin, the limit of the punishment is imprisonment for one year.(t) Having in possession without lawful excuse more than five pieces of foreign counterfeit coin renders the possessor liable to a penalty on conviction before a justice.(u) I. Making, etc., coining tools.-Knowingly and without lawful authority, etc., making or mending, buying or selling, or having in custody or possession any coining mustri ment or apparatus adapted and intended to make any gold or silver coin or foreign coin, is a felony punishable with penal servitude for life.(x) If the instruments, etc., are designed for coining the queen's copper coin, the limit of the penal servitude is seven years.(y) [Congress is charged by the constitution of the United States with the regulation of the coinage of money. The national government therefore provides for the protection of the coinage.(1) It is therefore made felony by the laws of the United States to counterfeit coin made by the United States, or any gold or silver foreign coin made current by statute, or in use and circulation as money; or to deface or impair any such coin; or to make or utter without authority of law any coin to be used as current money.(2) Wherever coin is current as money, the government has the right to protect the people in its use (3) It is therefore made felony under the laws of the several states to counterfeit any gold or silver coin current in the state, or to utter the same, or to have the same in possession with intent to utter.(4) Whether the coin alleged to be counterfeited is current in the state or not, is a question for the jury.(5) A coin called a California five dollar piece, made in a state contrary to the constitution of the United States, can not be called a coin current by usage, for usage can not be set up in violation of law.(6) "Knowingly having possession" means knowingly having possession with criminal intent.(7) Secreting within the county and having within (3) Sutton v. State, 9 Ohio, 133; Sizemore v. State, 3 Head, 26; State v. McPherson, 9 Iowa, 53. (4) Rev Stat., Ind. 1876, pp. 440, 441; Rev. Stat., Ill. 1877, p. 365; Rev. Stat., Mich. 1871, p. 2102; Rev. Stat., Iowa, 1873, p. 611. In Ohio, the statute embraces also copper coin, 74 Ohio L. 294; and, in Kentucky, "other coin," Rev. Stat., 1877, p. 330. (5) Fight v. State, 7 Ohio (pt. 1), 130. (6) Commonwealth v. Bond, 1 Gray, 564. (7) People v. White, 34 Cal. 183. control is a possession.(1) Under the statute against having in possession ten similar pieces of gold or silver coin, it is sufficient if the offender have in possession ten pieces of either kind of coin, though not all of the same denomination."(2)] (1) State v. Washburne, 11 Iowa, 245. |