Imatges de pàgina
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bullion, metal, or mixture of metals, every such offender shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years.

XII. And be it enacted, that if any person shall falsely Various offences make or counterfeit any coin resembling, or apparently in- relating to the tended to resemble or pass for, any of the King's current copper coin. copper coin ; or if any person shall knowingly, and without lawful authority (the proof of which authority shall lie on the party accused), make or mend, or begin or proceed to make or mend, or buy or sell, or shall knowingly, and without lawful excuse (the proof of which excuse shall lie on the party accused), have in his custody or possession any instrument, tool, or engine, adapted and intended for the counterfeiting any of the King's current copper coin; or if any person shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the King's current copper coin, at or for a lower rate or value than the same by its denomination imports, or was coined or counterfeited for ; every such offender shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years ; and if any person shall tender, utter, or put off any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the King's current copper coin, knowing the same to be false or counterfeit, or shall have in his custody or possession three or more pieces of false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the King's current copper coin, knowing the same to be false or counterfeit, and with intent to utter or put off the same, every such offender shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding one year.

XIII. And be it enacted, that where any gold or silver Coin suspected coin shall be tendered to any person, who shall suspect any to be diminished piece or pieces thereof to be diminished otherwise than by or counterfeit. reasonable wearing, or to be counterfeit, it shall be lawful for may be cut by such person to cut, break, or deface such piece or pieces ; and when it is ten. if any piece so cut, broken, or defaced shall appear to be di- dered. minished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same shall bear the loss Who shall bear thereof; but if the same shall be of due weight, and appear the loss.

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to be lawful coin, the person cutting, breaking, or defacing the same is hereby required to receive the same at the rate it was coined for; and if any dispute shall arise, whether the piece so cut, broken, or defaced be diminished in manner aforesaid, or counterfeit, it shall be heard and finally determined in a summary manner by any justice of the peace, who is hereby empowered to examine upon oath, as well the parties as any other person, in order to the decision of such dispute; and the tellers at the receipt of his Majesty's exchequer, and their deputies and clerks, and the receivers general of every branch of his Majesty's revenue, are hereby required to cut, break, or deface, or cause to be cut, broken, or defaced, every piece of counterfeit or unlawfully-diminished gold or silver coin which shall be tendered to them in payment of any

part of his Majesty's revenue. Provision for the XIV. And be it enacted, that if any person shall find or discovery and discover in any place whatever, or in the possession of any seizure of coon person having the same without lawful excuse, any false or terfeit coin and coining tools,

a counterfeit coin resembling, or apparently intended to resemfor securing ble or pass for, any of the King's current gold, silver, or copthem as evi per coin, or any instrument, tool, or engine whatsoever, dence and for ul- adapted and intended for the counterfeiting of any such coin, timately dispos- it shall be lawful for the person so finding or discovering, and ing of them.

he is hereby required to seize the same, and to carry the same forthwith before some justice of the peace; and where it shall be proved, on the oath of a credible witness before any justice of the peace, that there is reasonable cause to suspect that any person has been concerned in counterfeiting the King's current gold, silver, or copper coin, or has in his custody or possession any such counterfeit coin, or any instrument, tool, or engine whatsoever, adapted and intended for the counterfeiting of any such coin, it shall be lawful for such justice, by warrant under his hand, to cause any place whatsoever belonging to, or in the occupation, or under the controul of such suspected person to be searched, either in the day or in the night, and if any such counterfeit coin, or any such instrument, tool, or engine, shall be found in any place so searched, to cause the same to be seized and carried forthwith before the said justice, or some other justice of the peace; and wherever any such counterfeit coin, or any such instrument, tool, or engine as aforesaid, shall in any case whatever be seized and carried before a justice of the peace, he shall cause the same to be secured, for the purpose of being produced in evidence against any person who may be prosecuted for any offence against this act; and all counterfeit coin, and all instruments, tools, and engines, adapted and intended for the counterfeiting of coin, after they shall have been produced in evidence, or where they shall have been seized, and shall not be required to be produced in evidence, shall forthwith be delivered up to the officers of his Majesty's mint, or to their soli

citor, or to any person authorized by them or him to receive the same.

XV. And be it enacted, that where two or more persons, Venue. acting in concert in different counties or jurisdictions, shall commit any offence against this act, all or any of the said offenders may be dealt with, indicted, tried, and punished, and their offence laid and charged to have been committed, in any one of the said counties or jurisdictions, in the same manner as if the offence had been actually and wholly committed within such one county or jurisdiction : Provided always, that crimes and offences against this act, committed in Scotland, shall be proceeded against and tried in Scotland, in such manner and form as crimes and offences generally have been heretofore tried in that country.

XVI. And be it enacted, that no person against whom any Indictments not bill of indictment shall be found at any assizes or sessions of to be traversed

in except for cause the peace, for any misdemeanor against this act, shall be en- ence

shown. titled to traverse the same to any subsequent assizes or sessions, but the court before which the bill of indictment shall be returned as found shall forthwith proceed to try the person against whom the same is found, unless such person or the prosecutor shall show good cause, to be allowed by the court, for the posponement of the trial: Provided always, that the rights and liabilities of persons indicted under this act in Scotland, so far as relates to the postponement or time of trial, shall remain and be dealt with in the same manner as in the cases of all other persons indicted for crime in that country.

XVII. And be it declared and enacted, that where, upon What shall be the trial of any person charged with any offence against this sont

1: of coin being act, it shall be necessary to prove that any coin produced in a

counterfeit. evidence against such person is false or counterfeit, it shall not be necessary to prove the same to be false and counterfeit by the evidence of any moneyer or other officer of his Majesty's mint, but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness.

XVIII. And be it enacted, that in the case of every felony As to accessapunishable under this act, every principal in the second de- ries. gree and every accessary before the fact shall be punishable in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years ; and in so far as relates to Scotland, every person who shall become accessary after the fact to any of the offences to which the punishment of transportation is by this act attached, shall, on conviction, be liable to be imprisoned for any term not exceeding two years; the general law of Scotland as to

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aceession, or art and part, being in all other respects to re

gulate the punishments to be awarded under this act. The court may XIX. And be it enacted, that where any person shall be order hard

convicted of any offence punishable under this aet, for which labour or soli

imprisonment may be awarded, it shall be lawful for the court tary confine

to sentence the offender to be imprisoned, with or withont hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, as to the court in its discretion shall seem

meet. As to offences XX. And be it enacted, that where any offence punishcommitted at able under this act shall be committed within the jurisdiction

of the Admiralty, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other offence

committed within that jurisdiction Rules of inter XXI, And be it declared and enacted, that where “ the pretation as to King's current gold or silver coin," or “ the King's current current coin, copper coin," shall be mentioned in any part of this act, the counterfeit coin,

boulhe doomed D, same shall be deemed to include and denote any gold or sil

; and criminal possession.

ver coin or any copper coin respectively coined in any of his Majesty's mints, and lawfully current in any part of his Majesty's dominions, whether within the United Kingdom or otherwise; and that any of the King's 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 King's current coin of a higher denomination, shall be deemed and taken to be counterfeit coin within the intent and meaning of those parts of this act wherein mention is made of “ false or coun* terfeit coin resembling, or apparently intended to resemble “ or pass for, any of the King's current gold or silver coin;" and that where the having any matter in the custody or possession of any person is in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwelling house or other building, lodging, apartment, field, 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 another, every such person shall be deemed and taken to have such matter in his custody or possession within the

meaning of this act. Venue in pro- XXII. And, for the protection of persons acting in the ceedings against execution of this act, be it enacted, that all actions and prosepersons acting autions to he commenced under this act.

cutions to be commenced against any person for any thing done in pursuance of this act shall, in England or Ireland, be laid and tried in the county where the fact was committed, and shall, in England, Ireland, or Scotland, be commenced within

six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause Notice of action. thereof, shall be given to the defendant or defender one calendar month at least before the commencement of the action ; and in any such action, brought in England or Ireland, the defendant may plead the general issue, and give this act and General issue. the special matter in evidence, at any trial to be had thereupon, and in Scotland the defender may insist on all relevant defencés; and no plaintiff or pursuer shall recover in any such action, if tender of sufficient amends shall have been Tender of made before such action brought, or if a sufficient sum of aniends, &c. money shall have been paid into court after such action brought, by or on behalf of the defendant or defender ; and if, in England or Ireland, a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, or if in Scotland the verdict shall be for the defender, or if the pursuer shall abandon the action, or the court shall dismiss it as irrelevant or improperly laid, in every such case the defendant or defender shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant or defender hath by law in other cases; and though a verdict shall be given for the plaintiff or pursuer in any such action, such plaintiff or pursuer shall not have costs against the defendant or defender, unless the judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon.

2 & 3 Wm. IV. c. 62. An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof.

[11th July, 1832.] Whereas by an act passed in the seventh and eighth years of the reign of King George the Fourth, intituled “ An Act 7 & 8 G. 4, “ for consolidating and amending the Laws in England relative c. 29. “ to Larceny, and other Offences connected therewith," it is amongst other things enacted, that if any person shall steal in any dwelling house any chattel, money, or valuable security, to the value in the whole of five pounds or more, every such offender, being convicted thereof, shall suffer death as a felon; and it is also by the said act enacted, that if any person shall steal any horse, mare, gelding, colt, or filly, or any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep or lamb, or shall wilfully kill any of such cattle, with intent to steal the carcase or skin or any part of the cattle so killed, every such offender

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