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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
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.
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
by impairing, &c.
offering to buy, &c.,many counterfeit gold or silver
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
and Page, &c.
As to Bail.
If Costs of Prosecution allowed.
Discretionary Pen. sery. life-5
c. 42, s. 23, years, with or without
h. 1. and s. c. (s. 2).
years; Id. -or impr. not exc. 2 years, with or without h. 1., and with or without s. c. (s. 3).
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 Uttering—Subsequent 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).
or counterfeit coin resembling the current gold or silver
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
124. The like offence as 123, and either on the same day, or
within ten days ensuing, knowingly tendering, &c. any
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-
M. C. 30; 1 Dears. C. C. 552.]
(Offences 122–125), having before been convicted of a
counterfeit coin after a previous conviction for the
Thomas, 44 L. J., M. C. 42.)]
[See Note 38 as to evidence of previous conviction.]
or silver coin any foreign coin, or any medal, or piece of
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,
37 When Bail in Misdemeanors is “ Discretionary” or “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
As to Bail.
If Costs of Prosecution
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
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