state, prince, or country, or any part of either side thereof, knowingly; or (ii.) any edger, edging or other tool, collar, instrument, or engine adapted and intended for the marking of coin round the edges with letters, grainings, or other marks or figures apparently resembling the marks on the edge of such coin. as aforesaid, knowing the same to be so adapted and intended; or (iii.) any press for coinage, or any cutting engine for cutting, by force of a screw or any other contrivance, round blanks out of gold, silver, or other metal or mixture of metals, or any other machine, knowing such press to be a press for coinage, or knowing such engine or machine to have been, or to be intended to be, used for or in order to counterfeiting any such coin as aforesaid; or 1 (h.) 1 who knowingly conveys 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 coining, or any useful part of any of the said things, or any coin, bullion, metal, or mixture of metals. 2 None of the acts specified in (e.), (f.), (g.), and (h.) is an offence, unless it is done without lawful authority or excuse, to be proved by the party accused. ARTICLE 410. CLIPPING-PENAL SERVITUDE FOR FOURTEEN YEARS. 3 Every one commits a felony, and is liable on conviction to fourteen years penal servitude, who impairs, diminishes, or lightens any current gold or silver coin with intent that when so dealt with it may pass as current gold or silver coin. 1 24 & 25 Vict. c. 99, s. 25. 2 A orders a die for coining counterfeit half-crowns (see clause (g.) (i.) } from B. B communicates with the Mint, and is permitted by them to finish and deliver the die to A. A receives it. A has the die in his possession without lawful excuse: R. v. Harvey, 1871, 1 C. C. R. 285. 3 24 & 25 Vict. c. 99, s. 4. ARTICLE 411. COINING COPPER OR FOREIGN MONEY-PENAL SERVITUDE FOR SEVEN YEARS. Every one commits felony, and is liable to seven years penal servitude, 1 (a.) 1 who counterfeits the Queen's current copper coin; or (b.) 1 who (without lawful authority or excuse (the proof whereof lies upon him)) knowingly makes or mends, or begins or proceeds to make or mend, or buy or sell, or have in his custody or possession, any instrument, tool, or engine adapted and intended for counterfeiting any of the Queen's current copper coin; or (c.) who buys, sells, receives, pays, or puts off any counterfeit copper coin at a lower rate or value than the same imports or was apparently intended to import; or (d.) who makes counterfeit gold or silver coin of any foreign prince, state, or country ; 4 whether or not, as regards (a.), (c.), and (d.), such coin was in a fit state to be uttered, and whether or not the counterfeiting was finished; or (e.) 5 who brings or receives into the United Kingdom counterfeit gold or silver coin of any foreign prince, state, or country, knowing the same to be counterfeit, without lawful authority or excuse, to be proved by the party accused; or (f) who has in his custody or possession any filings or clippings, gold or silver bullion, or gold or silver in dust or solution, obtained by impairing current gold or silver coin, knowing it to have been so obtained. 1 24 & Vict. c. 99, s. 14. 3 Ibid. s. 18. 5 Ibid. s. 19. 2 Ibid. s. 14. 4 Ibid. s. 30. ARTICLE 412. COINING FOREIGN COPPER MONEY-PENAL SERVITUDE FOR SEVEN YEARS. 1 Every one commits a misdemeanor who makes any counterfeit copper coin of any foreign state; the punishment is, for the first offence, one year's imprisonment without hard labour; for the second offence, after conviction of the first, seven years penal servitude, ARTICLE 413. UTTERING AND POSSESSING WITH INTENT TO UTTER. Every one commits a misdemeanor, or in case (d.) a felony, and is liable to a punishment of one year's imprisonment and hard labour in cases (a.) and (b.), two years imprisonment and hard labour in case (c.), five years penal servitude in case (d.), and penal servitude for life in case (e.), (a.) 2 who without lawful authority or excuse, to be proved by him, exports or puts on board any vessel for the purpose of being exported from the United Kingdom any counterfeit current coin whatever, knowing the same to be counterfeit; or (b.) 3 who utters counterfeit current gold or silver coin, knowing it to be counterfeit; or (c.) who at the time of such uttering as is specified in clause (b.) has in his custody or possession any other piece of such counterfeit coin, or who on the same day, or on any of the ten days next ensuing, utters any such counterfeit coin, knowing the same to be counterfeit; or (d.) 5 who has in his possession three or more pieces of counterfeit current gold or silver coin, with intent to utter them or any of them; or 1 24 & 25 Vict. s. 99, s. 22. 2 Ibid. s. 99, s. 8. 4 Ibid. s. 10. 5 Ibid. s. 11. 1 (e.) who commits any of the above-mentioned offences, after having been previously convicted 2 at any time of any one of them, or of any felony relating to the coin. 3 The offence defined in clause (b.) is complete whether or not the coin was in a fit state to be uttered, and whether or not the counterfeiting thereof was finished. ARTICLE 414. UTTERING BASE COPPER OR FOREIGN COIN. Every one commits a misdemeanor (a.) who utters any counterfeit current copper coin, knowing it to be counterfeit; or (b.) who has in his possession three or more pieces of such counterfeit coin, knowing the same to be false and with intent to utter any of them; or (c.) 5 who, with intent to defraud, utters as current gold or silver coin any coin which is not such coin, or any medal or piece of metal or mixed metal resembling in size, figure, and colour the current coin as which it is uttered, but being of less value; or (d.) who defaces any current coin whatever by stamping thereon any names or words, whether such coin is or is not thereby diminished or lightened; or 7 (e.) who utters any counterfeit gold or silver coin of any foreign prince, state, or country, knowing it to be counter feit. 8 The offences defined in clauses (a.), (c.), and (e.) are 1 24 & 25 Vict. c. 99, s. 12. 2 Such a conviction means the finding of a verdict of guilty, that no judgment follows the verdict is immaterial; R. v. Blaby, 1894, 2 Q. B. 170. 3 24 & 25 Vict. c. 99, s. 30. 4 Ibid. s. 15. 5 Ibid. s. 13. As to the degree of resemblance necessary to bring a medal within this section, see R. v. Robertson, 1865, L. & C. 604. 6 Ibid. s. 16. 7 Ibid. s. 20. 8 Ibid. s. 30. complete, whether or not the coin was in a fit state to be uttered, and whether or not the counterfeiting thereof was finished. The punishment for each of the offences in clauses (a.), (b.), (c.), and (d.) is one year's imprisonment with hard labour. The punishment for the offence in clause (e.) is, for the first offence, six months imprisonment with hard labour; 1 for a second offence, after a previous conviction therefor, two years imprisonment and hard labour; and after two previous convictions the offence is felony, and the offender is liable to penal servitude for life. 1 ARTICLE 415. MAKING OR SELLING MEDALS RESEMBLING COIN. 2 Every one commits a misdemeanor, and is liable on conviction thereof to be imprisoned with hard labour for one year, who without due authority or excuse (the proof whereof lies on the person accused) makes or has in his possession for sale, or offers for sale, or sells, any medal, cast, coin, or other like thing made wholly or partially of metal or any metallic combination and resembling in size, figure, and colour any of the Queen's current gold or silver coin, or having thereon a device resembling any device on any of the Queen's current gold or silver coin, or being so formed that it can by gilding, silvering, colouring, washing, or other like process, be so dealt with as to resemble any of the Queen's current gold or silver coin. 1 24 & 25 Vict. c. 99, s. 21. 2 46 & 47 Vict. c. 45, s. 2. As to "current coin," see Art. 408. |