No. 233. 27 VICTORIA, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. Uttering base gold or silver coin. 24 & 25 Vict. c. 99 s. 9. Two utterings of same. Ib. s. 10. Possession of three pieces of false coin. Ib. s. 11. Second or subsequent offence. Ib. s. 12. Uttering foreign Ib. s. 13. 254. Whosoever shall tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin knowing the same to be false or counterfeit, shall be guilty of a misdemeanor ; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding one year. 255. Whosoever shall tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin knowing the same to be false or counterfeit, and shall at the time of such tendering uttering or putting off have in his custody or possession besides the false or counterfeit coin so tendered uttered or put off any other piece of false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin, or shall either on the day of such tendering uttering or putting off or within the space of ten days then next ensuing tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin knowing the same to be false or counterfeit, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. 256. Whosoever 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 Queen's current gold or silver coin knowing the same to be false or counterfeit and with intent to utter or put off the same or any of them, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding three years. 257. Whosoever having been convicted either before or after the passing of this Act of any such misdemeanor as in any of the last three preceding sections mentioned or of any felony against this or any former Act relating to the coin, shall afterwards commit any of the misdemeanors in any of the said sections mentioned, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. 258. Whosoever shall with intent to defraud tender utter or put coin medals &c. off as or for any of the Queen's current gold or silver coin any coin not being such current gold or silver coin or any medal or piece of metal or mixed metals resembling in size figure and color the current coin as or for which the same shall be so tendered uttered or put off, such coin medal or piece of metal or mixed metals so tendered uttered or put off being of less value than the current coin as or for which the same shall be so tendered uttered or put off, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term 27 VICTORIA, not exceeding one year. No. 233. 24 & 25 Vict. 259. Whosoever shall falsely make or counterfeit any coin Counterfeiting resembling or apparently intended to resemble or pass for any of copper coin. the Queen's current copper coin and whosoever without lawful c. 99 s. 14. authority or excuse (the proof whereof shall lie on the party accused) shall knowingly make or mend or begin or proceed to make or mend or buy or sell or have in his custody or possession any instrument tool or engine adapted and intended for the counterfeiting any of the Queen's current copper coin, or 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 Queen's current copper coin at or for a lower rate or value than the same imports or was apparently intended to import, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. Ib. s. 15. 260. Whosoever shall tender utter or put off any false or Uttering countercounterfeit coin resembling or apparently intended to resemble or feit copper coin. pass for any of the Queen'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 Queen's current copper coin knowing the same to be false or counterfeit and with intent to utter or put off the same or any of them, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding one year. 261. Whosoever shall deface any of the Queen's current gold Defacing coin. silver or copper coin by stamping thereon any names or words, Ib. s. 16. whether such coin shall or shall not be thereby diminished or lightened, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding one year. faced coin. Ib. s. 17. 262. No tender of payment in money made in any gold silver Tendering deor copper coin so defaced by stamping as in the last preceding section mentioned shall be allowed to be a legal tender; and whosoever shall tender utter or put off any coin so defaced shall on conviction thereof before two justices be liable to forfeit and pay any sum not exceeding forty shillings. Provided that it shall not be lawful for any person to proceed for any such last-mentioned penalty without the consent of a law officer. foreign gold or 263. Whosoever shall make or counterfeit any kind of coin not counterfeiting being the Queen's current gold or silver coin but resembling or silver coin. apparently intended to resemble or pass for any gold or silver coin Ib. s. 18. of any foreign prince state or country, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. counterfeit coin. 264. Whosoever without lawful authority or excuse (the proof Importing such whereof shall lie on the party accused) shall bring or receive into Victoria any such false or counterfeit coin resembling or apparently Ib. s. 19. 27 VICTORIA, intended to resemble or pass for any gold or silver coin of any foreign No. 233. prince state or country, knowing the same to be false or counterfeit, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. Uttering such counterfeit coin. 24 & 25 Vict. c. 99 s. 20. Second and third Counterfeiting other foreign coin. Ib. s. 22. Possession of five pieces of such coin. Ib. s. 23. 265. Whosoever shall tender utter or put off any such false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince state or country, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding six months. 266. Whosoever having been so convicted as in the last preceding section mentioned shall afterwards commit the like offence of tendering uttering or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. And whosoever having been so convicted of a second offence shall afterwards commit the like offence of tendering uttering or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. 267. Whosoever shall falsely make or counterfeit any kind of coin not being the Queen's current coin but resembling or apparently intended to resemble or pass for any copper coin of any foreign prince state or country or any other coin of any foreign prince state or country made of any metal or mixed metals of less value than the silver coin of such foreign prince state or country, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court for the first offence to be imprisoned for any term not exceeding one year; and for the second offence to be imprisoned for any term not exceeding five years. 268. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall have in his custody or possession any greater number of pieces than five pieces of false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince state or country or any such copper or other coin as in the last preceding section mentioned, shall on conviction thereof before any justice forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice; and shall for every such offence forfeit and pay any sum of money not exceeding forty shillings nor less than ten shillings for every such piece of false and counterfeit coin which shall be found in the custody or possession of such person; and in case any such penalty shall not be forthwith paid, it shall be lawful for any such justice to commit the person who shall have been adjudged to pay the same to be imprisoned and kept to hard labor for the space of three months or until such penalty shall be paid. 24 & 25 Vict. 269. Whosoever without lawful authority or excuse (the proof 27 VICTORIA, whereof shall lie on the party accused) shall knowingly make or No. 233. mend or begin or proceed to make or mend or buy or sell or have in Making &c. coinhis custody or possession any puncheon counter puncheon matrix ing tools. stamp die pattern or mould in or upon which there shall be made or c. 99 s. 24. impressed or which will make or impress or which shall be adapted and intended to make or impress the figure stamp or apparent resemblance of both or either of the sides of any of the Queen's current gold or silver coin or of any coin of any foreign prince state or country or any part or parts of both or either of such sides, or shall make or mend or begin or proceed to make or mend or shall buy or sell or have in his custody or possession 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 those on the edges of any such coin as in this section aforesaid knowing the same to be so adapted and intended as aforesaid, or shall make or mend or begin or proceed to make or mend or shall buy or sell or have in his custody or possession any press for coinage or any cutting engine for cutting by force of a screw or of 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 used or to be intended to be used for or in order to the false making or counterfeiting of any such coin as in this section aforesaid, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. complete coun 270. Every offence of falsely making or counterfeiting any coin what shall be a or of buying selling receiving paying tendering uttering or putting terfeiting. off or of offering to buy sell receive pay utter or put off any false or Ib. 8. 30. counterfeit coin against the provisions of this Part of this Act shall be deemed to be complete, although the coin so made or counterfeited or bought sold received paid tendered uttered or put off or offered to be bought sold received paid uttered or put off shall not be in a fit state to be uttered or the counterfeiting thereof shall not be finished or perfected. PART VI. PERJURY. declaration under 271. In every case in which by any Act now or hereafter to be Making &c. false in force it shall be required or authorised that facts matters or any Act to be things be verified or otherwise assured or ascertained by or upon the perjury. oath affirmation declaration or affidavit of some or any person, if any person having in any such case taken or made any oath affirmation or declaration so required or authorised shall knowingly wilfully and corruptly upon such oath affirmation or declaration depose swear to or make any false statement as to any such fact matter or thing, or if any person shall knowingly wilfully and corruptly upon oath depose to the truth of any statement for so verifying assuring or ascertaining any such fact matter or thing or purporting so to do, or shall knowingly wilfully and corruptly take make sign or subscribe any such affirmation declaration or affidavit as to any such fact matter or thing, such statement affirmation or declaration being untrue in the whole or any part thereof, or shall knowingly No. 233. 27 VICTORIA, Wilfully and corruptly omit from any such affidavit made or sworn under the provisions of any law relating to the registration of newspapers any matter which by the provisions of such law is required to be stated in such affidavit, he shall be deemed to be guilty of wilful and corrupt perjury and be punishable accordingly. Provided that nothing herein contained shall affect any case amounting to perjury at the common law or the case of any offence in respect of which other or special provision is made by any Act.(«) All evidence material with respect to perjury. Principals in second degree. Ib. c. 98 s. 49. Ib. c. 99 s. 35. Accessories before the fact. 24 & 25 Vict. Ib. c. 98 s. 49. Accessories after the fact how dealt with. 24 & 25 Vict. c. 94 s. 3. Accessories to murder how 272. All evidence and proof whatsoever, whether given or made orally or by or in any affidavit examination or deposition, shall be deemed and taken to be material with respect to the liability of any person to be proceeded against and punished for wilful and corrupt perjury or for subornation of perjury. PART VII.-PRINCIPALS IN THE SECOND DEGREE ACCESSORIES (1.) Principals in the Second Degree. 273. In every felony punishable under this Act every principal in the second degree shall be punishable in the same manner as the principal in the first degree is punishable. (2.) Accessories before the fact. 274. Whosoever shall become an accessory before the fact to any felony, whether the same be a felony at common law or by virtue of any Act passed or to be passed, may be informed against tried convicted and punished in all respects as if he were a principal felon. (3.) Accessories after the fact. 275. Whosoever shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any Act passed or to be passed, may be informed against and convicted either as an accessory after the fact to the principal felony together with the principal felon or after the conviction of the principal felon; or may be informed against and convicted of a substantive felony whether the principal felon shall or shall not have been previously convicted or shall or shall not be amenable to justice; and may thereupon be punished in like manner as any accessory after the fact to the same felony if convicted as an accessory may be punished. 276. Whosoever shall become accessory after the fact to murder shall be liable at the discretion of the court to be imIb. c. 100 s. 67. prisoned for any term not exceeding fifteen years. punished. To other felonies how punished. 24 & 25 Vict. c. 94 s. 4. Ib. c. 96 s. 98. 277. Every accessory after the fact to any felony (except where it is otherwise specially enacted) whether the same be a felony at common law or by virtue of any Act passed or to be passed shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. (a) See 27 Vict. No. 197 ss. 37 & 39, "Evidence," post, and 33 Vict. No. 343, “Criminal Law and Practice (Amendment 1869)," post. |