A Magisterial and Police Guide: Being the Statute Law, with Notes and References to the Most Recently Decided Cases, Relating to the Procedure, Jurisdiction, and Duties of Magistrates and Police Authorities ...

c. 99.

veying tools or moneys out of

24 & 25 Vict. whereof shall lie on the party accused), shall knowingly convey out of any of her Majesty's mints any puncheon, counter puncheon, matrix, stamp, die, pattern, mould, edger, edging or other tool, collar, instrument, press, or engine used or employed in or about the coining of coin, or any useful part of any of the several matters aforesaid, or any coin, bullion, metal, or mixture of metals, shall . . . . be guilty of Felony (r).

Mint.

Cutting suspected coin.

Seizure of counterfeit coin and tools.

Venue.

26. Where any coin shall be tendered as the Queen's current gold or silver coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing, or to be counterfeit, it shall be lawful for such person to cut, break, bend, or deface such coin, and if any coin so cut, broken, bent, or defaced shall appear to be diminished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight, and shall appear to be lawful coin, the person cutting, breaking, bending, or defacing the same is hereby required to receive the same at the rate it was coined for. [Disputes to be determined summarily by a justice.]

27. [Counterfeit coin, resembling any of the Queen's current gold, silver, or copper coin, or any coin of any foreign prince, state, or country, or any instrument, tool, or engine whatsoever, adapted and intended for the counterfeiting such coin, or any filings or clippings, or any gold or silver bullion, or any gold or silver in dust, solution, or otherwise, which shall have been produced or obtained by diminishing or lightening any of the Queen's current gold or silver coin, may be seized and carried forthwith before some justice of the peace; and where it shall be proved, on oath before a justice, that there is reasonable cause to suspect that any person has been concerned in counterfeiting any such coin, or has in his custody or possession any such coin, or any instrument, tool, or engine or machine for making such coin, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution, or otherwise as aforesaid, a justice may by warrant cause any place belonging to or in the occupation or under the control of such suspected person to be searched, either in the day or in the night, and if any such false or counterfeit coin, or instrument, &c., shall be found, to be seized and carried forthwith before some justice, who shall, if necessary, cause the same to be secured, for the purpose of evidence; and all such counterfeit coin, &c., shall be delivered to the Mint, or the solicitors of the Treasury, or to any person authorized by them.]

28. [Offences committed in more than one county may be prosecuted in either.]

(~) Triable at Assizes. Bail Discretionary. Costs allowed.

c. 99.

29. [Any credible witness may prove coin to be counterfeit.] 24 & 25 Vict. 30. [Every offence of falsely making or counterfeiting coin, or of buying, selling, receiving, or uttering, or offering so to Evidence. do, shall be deemed complete, although the coin shall not be in a fit state to be uttered or perfected.]

31. It shall be lawful for any person whatsoever to appre- Arrest. hend any person who shall be found committing any indictable offence, or any high crime and offence, or crime and offence, against this Act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to his being conveyed as soon as reasonably may be before a justice of the peace or some other proper officer, to be dealt with according

to law.

32-34. [No certiorari. Proceedings against persons under this Act shall be laid where act committed. Notice of action. General issue (8).]

35. [Principals in the second degree and accessories may be Accessories. committed for trial as principals.]

36. [Offences committed within the jurisdiction of the Admiralty to be deemed committed in the United Kingdom.]

victions.

37. [A certificate containing the substance and effect (omit- Evidence of conting the formal part) of the indictment and conviction for a previous offence, purporting to be signed by the clerk of the Court or other officer having custody of the records of the Court, or by his deputy, shall, upon proof of the identity of the offender, be sufficient evidence of a previous conviction (t).]

38-41. [Punishments, &c.]

42. In all prosecutions for any offence against this Act in Costs of prosecuEngland, which shall be conducted under the direction of the tions. solicitors of Her Majesty's Treasury, the Court before which such offence shall be prosecuted or tried shall allow the expenses of the prosecution in all respects as in cases of felony; and in all prosecutions for any such offence in England which shall not be so conducted it shall be lawful for such Court, in case a conviction shall take place, but not otherwise, to allow the expenses of the prosecution in like manner; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same

(s) A defendant is entitled under this section to notice of action if he honestly intended to put the law in force, and really believed that the plaintiff had committed the offence with which he charged him, although there was no reasonable cause for such belief (Hermann v. Seneschal, 32 L. J. C. P. 43; 13 C. B. N. S. 392; 6 L. T. N. S. 646; 26 J. P. 598).

(t) See R. v. Martin, 39 L. J. M. C. 31; 11 Cox, C. C. 343; L. R. 1 C. C. R. 214; 21 L. T. N. S. 469; 34 J. P. 196.

24 & 25 Vict. terms and in the same manner in all respects as in cases of

c. 99.

33 Vict. c. 10.

Coins and tokens

prohibited to be

the Mint.

felony (u).

1. ["The Coinage Act, 1870."]

2-4. [Definitions; standard; legal tender.]

5. No piece of gold, silver, copper, or bronze, or of any metal issued except by or mixed metal, of any value whatever, shall be made or issued, except by the Mint, as a coin or a token for money, or as purporting that the holder thereof is entitled to demand any value denoted thereon

Defacing light coin.

Forgery of marks.

[Penalty for contravention not exc. £20 (v).]

6. [Contracts to be made in currency.]

7. [Where gold coin is below the current weight, or where any coin is called in by proclamation, every person shall cut or deface such coin tendered to him in payment, the person tendering to bear the loss. Persons improperly cutting or defacing the same shall receive the same in payment according to its denomination. Disputes to be determined summarily (v).]

8-16. [Coining; officers of Mint; standard.]

17. . . . . If any person forges or counterfeits such mark [i.e. on weights marked by an officer of the Board of Trade], or any weight so marked, or wilfully increases or diminishes any weight so marked, or knowingly utters, sells, or uses any weight with such counterfeit mark, or any weight so increased or diminished, or knowingly uses any weight declared by this section not to be a just weight

[Penalty not exc. £50 (v).]

(u) For the justice's certificate, and the authorized scale of allowances, see Introd. p. 19. This section has also the effect of making bail for any misdemeanor under this Act discretionary, instead of compulsory, whenever the case is prosecuted by the Treasury (Introd. p. 19).

(v) Procedure. Within 6 months; 2 justices (s. 18). Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Orders enforced by distress as above, Appeal, none.

to United

a Kingdom.

6 & 7 VICT. c. 34 (amended by 16 & 17 VICT. c. 118). 1. [If any person charged with having committed any of Offenders flying fence (w) hereinafter mentioned in the colonies, against whom warrant has been issued there, shall be in the United Kingdom, the Secretary of State, or the Chief Secretary in Ireland, may (x) endorse his name on such warrant; and thereupon any person bringing the warrant, or to whom it was originally directed, and any constable of the place where the warrant is endorsed, may apprehend the supposed offender and take him before a justice there.]

2. [If any person charged with any such offence (w) in any Offenders flying part of Her Majesty's dominions, against whom a warrant is to colonies. issued, shall be in any other part of Her Majesty's dominions, not forming part of the United Kingdom, the chief justice or judge of the superior court of such place may (x) endorse his name on the warrant, and thereupon the person may be apprehended as above and taken before a justice having authority to examine and commit offenders for trial there.]

3. [The person before whom the offender is so brought may, Detention; upon due evidence of his criminality, commit him to prison until he can be sent back as hereinafter mentioned; the committing magistrate shall immediately give notice in writing, notice of with a copy of the warrant in Great Britain to the Secretary of State, the Chief Secretary in Ireland, or the Governor in other places.]

sitions to be evidence.

4. [Copies of the depositions upon which the original warrant Copies of depowas granted, certified under the hand of the person issuing the warrant, and attested upon the oath of the party producing them, to be true copies, may be received in evidence.]

5. [The Secretary of State in Great Britain, the Chief Secre- Removal. tary in Ireland, and the governor in other parts of Her Majesty's dominions, may, by warrant, order any person so committed to be delivered to some person named in such warrant, to be conveyed to that place where the offence was committed to be dealt with there; he may be re-taken upon escaping.]

6. [If the person be not removed within 2 calendar months Discharge after

(0) No warrant is to be endorsed unless the offence is such as would amount, if committed at the place where the warrant is endorsed, to treason or felony, or unless the depositions appear sufficient to warrant a committal for trial (s. 10, as amended by 16 & 17 Vict. c. 118).

(r) The warrant shall not be endorsed until the seal and signature is proved, by oath or affidavit, to be that of the person having authority to issue such warrant, whose seal and signature the same purports to be (s. 9).

two months.

c. 34.

6 & 7 Vict. after committal, any judge of that place, upon application and upon proof that reasonable notice has been given, may order his discharge.]

Or if not indicted within six months, or acquitted.

Expenses.

Foreign countries.

Unlawful societies.

7. [If the person so conveyed to the place where the offence was committed be not indicted within 6 months, or be acquitted on the trial, the Secretary of State, Chief Secretary, or Governor, as the case may be, may order him to be sent back free of cost.]

8. [The court before which any person so removed into the United Kingdom is tried may order the expenses of apprehension and removal, verified by vouchers before 2 justices, to be paid by the county treasurer.]

Persons committing crimes in countries where Her Majesty has acquired jurisdiction, may be sent for trial to any British colony (6 & 7 Vict. c. 94).

Combinations and Confederacies.

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A Magisterial and Police Guide: Being the Statute Law, with Notes and ...