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be lawful for any person whatsoever to apprehend 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

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8. 2.

COIN (see Notes 32, 33). 116. Gold or Silver Coin.] Falsely making or counterfeiting F. 24 & 25 Vict. c. 99,

any coin resembling or apparently intended to resemble

or pass for any of the Queen's current gold or silver coin. 117. Gilding or silvering, or by any means washing, casing F. Id. s. 3. over, or colouring, any coin resembling, &c.

:-or gilding, &c. any piece of silver, copper, coarse gold or silver metal, or mixture of metals, being of fit size and figure to be coined, with intent that same shall be coined into false gold or silver coin,-or gilding, &c. copper coin, or filing or altering same, to make same pass for gold or

silver coin, -or gilding, &c. silver to pass for gold coin. 118. Impairing, diminishing, or lightening gold or silver coin, F. Id. s. 4.

- with intent to pass same.

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119. Knowingly having in custody or possession (Note 32) any F. Id. s. 5.

filings or clippings, or any gold or silver bullion, or any
gold or silver in dust, solution, or otherwise, produced

by impairing, &c.
120. Buying, selling, receiving, paying, or putting off, --or F. Id. s. 6.

offering to buy, &c.,many counterfeit gold or silver
coin, at or for a lower rate or value than its denomina-

tion imports.
121. Knowingly importing or receiving into the United King- F. Id, s. 7.

dom any counterfeit gold or silver coin. of the peace or some other proper officer, to be dealt with according to law.” By sect. 27, a search warrant may be granted by a justice for counterfeit coin or tools, &c. (See the section in full in Chap. II. of Part III., tit. “ Coin," and Forms of Information and Search Warrant, Nos. 116, 117, Oke's Formulist,6th ed. pp. 531, 532.] l'ide sect. I for the interpretation of terms, which further enacts, that " where the having any matter in the custody or possession of any person is mentioned in this act, it shall include, not only the having of it by himself in his personal custody or possession, but also the knowingly and wilfully having it in the actual custody or possession of any other person, and also the knowingly and wilfully having it in any dwelling-house or other building, lodging, apartment, field or other place, open and 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 any other person” (see Reg. v. Uriah Weeks, 30 L. J. (N. S.) M. C. 141; 4 Law T., N. S. 373; Reg. v. Harvey, 40 L. J. (N. S.) M. C. 63; 23 Law T., N. S. 856). Evidence of a coin being counterfeit may be given by any credible witness (s. 29); and any offence is complete although the coin is not finished or perfected (s. 30). Persons to whom coin tendered may cut the same, and the person tendering is to bear the loss, and in case of dispute a justice is to determine the same (see s. 26, set out in Chap. II. of Part III. of this Vol., tit. Coin).

33 Certain Offences as to Coin deemed Crimes" within the Prevention of Crimes Act, 1871, and subject to Police Supervision.] By 34 & 35. Vict. c. 112, s. 20, the expression 'crime

inter alia) “the offence of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin.” By sect. 8, persons convicted of such crimes, after a previous conviction of a “ crime,” are subject to police supervision; by sect. 14, provision is made for the care of children of women so convicted (see ante, p. 1009).

34 Venue-Offences in different Jurisdictions.] By 24 & 25 Vict. c. 99, s. 28, " where any person shall tender, utter or put off any false or counterfeit coin in one county or jurisdiction, and shall also tender, utter or put off any other false or counterfeit coin in

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means

and Page, &c.

of Formulist.

Where triable.

As to Bail.

Punishment.

If Costs of Prosecution allowed.

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Discretionary Pen. sery. life-5

years; (See
(11 & 12 Vict. -or impr. not exc. 2 Note 35).

c. 42, s. 23, years, with or without
ante, p. 977).

h. 1. and s. c. (s. 2).
Id. Pen, serv. life-5

years; Id. -or impr. not exc. 2 years, with or without h. 1., and with or without s. c. (s. 3).

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any other county or jurisdiction, either on the day of such first-mentioned tendering, uttering or putting off, or within the space of ten days next ensuing,–

-or where two or more persons acting in concert in different counties or jurisdictions, shall commit any offence against this act,-every such offender may be dealt with, indicted, tried and punished, and the offence laid and charged to have been committed, in any one of the said counties or jurisdictions, in the same manner in all respects as if the offence had been actually and wholly committed within such one county or jurisdiction.” As to offences within the admiralty jurisdiction, see sect. 36.

35 Costs of Prosecution-In what Cases allowed.] By 24 & 25 Vict. c. 99, 8. 42, in all prosecutions for any offence against this act in England, which shall be conducted under the direction of the 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 (which is in the first instance paid out of the county rate as referred to in Note 37, infra, as to Bail]; 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 conriction 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 terms and in the same manner in all respects as in cases of felony. This provision will regulate the allowance of costs in felonies also, notwithstanding 7 Geo. 4, c. 64, s. 22, ante, p. 983.

36 What is an UtteringSubsequent Utterings.] “To utter and put off” a thing is to "offer it, whether taken or not” (per Jervis, C. J., in Reg. v. Welch, 20 L. J. (N. S.) M. C. 101 ; 2 Den. C. C. 78). Subsequent utterings of counterfeit coins of different denominations, or subsequent possession of the same kind of coins, are evidence to prove the guilty knowledge (R. v. Harrison, 2 Lewin, C. C. 118; Reg. v. Forster, 24 L. J. (N. S.) M. C. 134; i Dears. C. C. 456).

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COIN-continued.
122. Knowingly tendering, uttering, or putting off any false M. 24 & 25 Vict. o. 99,

or counterfeit coin resembling the current gold or silver
coin. [Note 36 as to utterings.]

8. 9.

1

M. Id. s. 10.

123. The like offence as 122, and having at the time any other

piece of false or counterfeit coin resembling the current
gold or silver coin.

M. Id.

124. The like offence as 123, and either on the same day, or

within ten days ensuing, knowingly tendering, &c. any
like false or counterfeit coin.

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.

F. Id. s. 12.

125. Knowingly having in custody or possession three or more

pieces of false or counterfeit gold or silver coin, with in-
tent to utter same.
[See Note 32, and Reg. v. Jarvis, 25 L. J. (N. S.)

M. C. 30; 1 Dears. C. C. 552.]
126. Committing any of the offences in the last three sections

(Offences 122–125), having before been convicted of a
similar offence.
[Where an indictment charged a felonious uttering of

counterfeit coin after a previous conviction for the
offence of uttering counterfeit coin, and the pri-
soner was arraigned and tried upon the subsequent
offence and found guilty; and then upon arraign-
ment, as to the part of the indictment which
charged that he had been previously convicted,
denied that he had been so previously convicted,
and the jury after inquiry found that he had not
been so previously convicted; it was held, that
the prisoner could not be convicted of the misde-
meanor of uttering the counterfeit coin. (Reg. v.

Thomas, 44 L. J., M. C. 42.)]

[See Note 38 as to evidence of previous conviction.]
127. With intent to defraud, tendering, &c. as the current gold

or silver coin any foreign coin, or any medal, or piece of
metal resembling the current coin, such coin, &c. being
of less value than the current coin.
[See Reg. v. Robinson, 34 L. J. (V. S.) M. C. 176;

1 Leigh of Care, C. C. 604; 12 Law T., N. S. 501.]

M. Id. s. 13.

F. Id. 8. 14.

128. Copper Coin.] Making or counterfeiting coin resembling

current copper coin,-or knowingly making, mending,
buying, selling, or having in custody or possession (Note
32) any tool, &c. for counterfeiting same, -or buying,
selling, receiving, paying, or putting off, or offering to
buy, &c. counterfeit coin resembling current copper coin
for less value than it imports.

37 When Bail in Misdemeanors is Discretionaryor Compulsory."] By 11 & 12 Vict. c. 42, s. 23, ante, pp. 979, 980, bail is discretionary with the justices in all felonies and certain specified misdemeanors (of which those in this title are not named), and where the person is charged “with any misdemeanor for the prosecution of which the

Page, &c.

of Formulist.

Where triable.

As to Bail.

Punishment.

If Costs of Prosecution

allowed.

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Sessions Discretionary Imp. not exceeding 1 (See (and see Note 84). or compulsory, year, with or without Note 35). as Offence 127. hard labour and soli

tary confinement(s.9).

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may be allowed out of the county rate." But as the 24 & 25 Vict. c. 99, 8. 42, in Note 35, supra, annexes conditions to the allowance of such costs : 1st, that the prosecution shall be conducted by the treasury; and 2nd, that if conducted by an independent prosecutor a conviction shall take place,-it follows that bail in the cases of

costs

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