in any of the cases aforesaid to injure the person of the Queen, or with intent in any of the cases aforesaid to break the public peace, or whereby the public peace may be endangered, or with intent in any of the cases aforesaid to alarm her Majesty; or if any person shall, near to the person of the Queen, wilfully produce, or have any gun, pistol, or any other description of fire-arms, or other arms whatsoever, or any explosive, destructive, or dangerous matter or thing whatsoever, with intent to use the same to injure the person of the Queen, or to alarm her Majesty, - every such person so offending shall be guilty of a high misdemeanour, and, being convicted, shall be liable, at the discretion of the court before which the offender has been tried, to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, for any period not exceeding three years, and during the period of such imprisonment to be publicly or privately whipped, as often and in such manner and form as the court shall direct, not exceeding thrice.

JV. CROWN AND GOVERNMENT SECURITY ACT.

Doubts having arisen in 1848, on the part of the government, whether the unrepealed enactments of the 36 G. 3, c. 7, and their continuation by 57 G. 3, c. 6, extended to Ireland, they were removed by the direct extension of them to that kingdom under the 11 V. c. 12. By the 11 V. certain treasons already mentioned, which had been heretofore capital and punishable by death, were mitigated to felonies, and subjected to transportation or imprisonment. Accordingly, by the third section, it is provided that

"If any person whatsoever after the passing of this act shall, within the United Kingdom or without, compass, imagine, invent, devise or intend to deprive or depose our most gracious lady the Queen, ber heirs or successors, from the style, honour, or royal name of the Imperial Crown of the United Kingdom, or of any other of her Majesty's dominions and countries, or to levy war against her Majesty, her heirs, or successors, within any part of the United Kingdom, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put force against, or constraint upon, or in order to intimidate or overawe both houses, or either house, of parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of her Majesty's dominions and countries under the obeisance of her Majesty, her heirs and successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any covert act or deed, every person so offending shall be guilty of FELONY, and, being convicted thereof, shall be liable at the discretion of the court to be transported beyond the seas for the term of his or her

natural life, or for any term not less than seven years, or to be imprisoned for any term not exceeding two years, with or without hard labour, as the court shall direct.'

"

The insertion of the words "open and advised speaking" have been complained of as establishing a novelty in treasonable offences; but, as Mr. Wise has remarked (Law on Riots, 100), on Mr. Justice Foster's opinion, and other legal authorities, words already constituted an overt act of treason if tending to forward or extend traitorous designs. Against a too stringent enforcement of the clause on "open and advised speaking," the fourth clause enacts that the information for such offence must be on oath to one or more magistrates, or the sheriff or deputy in Scotland, within six days after utterance; and the warrant be issued within ten days after the information, and within two years after the passing of the act. Conviction not to ensue unless on the confession of the accused in open court, or unless the alleged words spoken be proved by two credible witnesses.

Doubts having arisen in 1849, on the conviction of Smith O'Brien and others, as to the power of the crown to mitigate the punishment of offenders under judgment of death for treason in Ireland, they were removed by the 12 & 13 V. c. 27, empowering the crown to order the transportation of any offender under judgment of death to whom mercy had been extended.

CHAPTER IV.

Coin and Public Offices.

I. OFFENCES AGAINST THE COIN.

IN 1861, the laws of the United Kingdom relative to coinage offences were consolidated and amended by 24 & 25 V. c. 99, and for the purposes of this act "the Queen's current gold or silver coin" interpreted to include any coin lawfully current in any part of the realm; and the "Queen's copper coin" to include any copper or bronze coin, or mixed metal, lawfully current; "false or counterfeit coin" to include any of the current coin which has been gilt, silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble any coin of a higher denomination. Having any matter in possession explained, where any one not only by himself in possession, but also the knowingly and wilfully having it in the actual possession of any other person, in any house or building, lodging, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter be so had for his own benefit or for that of any other person, s. 1.

By s. 2, to counterfeit the gold or silver coin is felony, punishable, at the discretion of the court, by penal servitude for life or not less than three years, or imprisonment for not exceeding two years, with or without hard labour, or solitary confinement. Subject to the same punishment is the colouring counterfeit coin or any pieces of metal with intent to make them pass for gold or silver coin; or colouring or altering genuine coin with intent to make it pass for higher coin, ss. 2, 3.

By s. 3, to impair, diminish, or lighten the gold or silver coin, with intent that such coin may pass current, is felony, punishable by penal servitude for not exceeding fourteen and not less than three years, or imprisonment for not exceeding two years, with or without hard labour or solitary confinement.

The unlawful possession of filings, or clippings, of gold or silver coin, punishable by penal servitude for not exceeding seven nor less than three years, or imprisonment for any term not exceeding two years, with or without hard labour or solitary confinement, s. 5.

Without lawful excuse to buy, sell, receive, pay, or put off, or offer to do so, any counterfeit coin at or for a lower value than the same imports, or was apparently intended to import, is felony, punishable by penal servitude for life or not less than three years, or imprisonment for not exceeding two years, with or without hard labour or solitary confinement. Same punishment for importing counterfeit coin from beyond seas, ss. 6, 9. Exporting counterfeit coin is a misdemeanour, punishable by imprisonment for not exceeding two years, with or without hard labour, and with or without solitary confinement, ss. 6-8.

By s. 9, to tender, utter, or put off any counterfeit coin, knowing the same to be counterfeit, is a misdemeanour, punishable by imprisonment for a year, with or without hard labour or solitary confinement. Uttering, accompanied by possession of other counterfeit coin, or followed by a second uttering within ten days, punishable by imprisonment for not above two years, with or without hard labour or solitary confinement, ss. 9, 10.

Having three or more pieces of counterfeit gold or silver coin in possession, with intent to utter, penal servitude for three years, or imprisonment for two years. A second offence felony, ss. 11, 12.

To tender or utter as the current gold or silver coin, any foreign coin or medals, with intent to defraud, imprisonment for one year, with or without hard labour or solitude, s. 13.

To make or counterfeit the copper coin of the United Kingdom is felony, subject to penal servitude for seven years or under, or imprisonment for two years, with or without hard labour or solitude, To tender or utter such base coin, subject to imprisonment with or without hard labour or solitude, ss. 14, 15.

To deface, by stamping any name or words on the current gold, silver, or copper coin, imprisonment for one year, with or without hard labour. The tender of such defaced coin, is not a legal tender,

and subjects to a penalty of 40s. on leave of the crown officer to prosecute, s. 17.

A

To make or counterfeit foreign gold or silver coin, penal servitude for not above seven nor less than three years, or imprisonment not above two years, with or without hard labour or solitude. like punishment for bringing such counterfeit foreign coin into the kingdom. To tender or utter such foreign coin, imprisonment not above'six months, with or without hard labour. A second offence, two years' imprisonment, and a third offence felony, ss. 18, 21.

To counterfeit foreign coin, other than gold or silver, imprisonment for one year; for a second offence, penal servitude for seven to three years, or imprisonment for two years with hard labour or solitude, s. 22.

Having in possession, without lawful excuse, above five pieces of base foreign gold or silver coin, subjects the same to be destroyed by order of a justice; and the possessor to a penalty of from 108. to 40s. for every piece; or, if penalty be not paid, imprisonment for three months in Bridewell.

Making, mending, or having in possession, any coining tools is felony, liable to penal servitude for life or lesser term.

Conveying tools or moneys out of the Mint without lawful authority or excuse is felony, s. 25.

Coin suspected to be diminished or counterfeit may be cut, broken, or bent by any person to whom it is tendered, and the person who offers it to bear the loss; but if found to be of due weight and lawful coin, the person to whom it is offered is liable to receive it at the coinage rate, s. 26.

Any person, by s. 31, may apprehend any person committing any indictable offence, and deliver the offender to a constable. The remaining sections of the act refer to the discovery and seizure of counterfeit coin or tools, to evidence and procedure in England, Scotland, and Ireland. The words " 'Queen's coin" include all coin lawfully current; and wilfully having coining implements in any house, room, or other place is deemed a baving in possession contrary to 24 & 25 V. c. 99. It is a misdemeanour to counterfeit the coin of a foreign state, or have implements for the purpose, though the coin is not current in the United Kingdom; and two foreigners were recently sentenced to imprisonment for an attempt only, by providing implements, to counterfeit the Turkish piastre. (Central Criminal Court, Nov. 25, 1858.)

The Coinage Act, 1870 (32 & 33 V. c. 10), consolidates and amends the law relating to the coinage and to the mint. A tender of payment of money, if made in properly issued coin of not less than the least current weight as stated in the 1st schedule to the act, is a legal tender, in the case of gold coins for a payment of any amount, in the case of silver coins for a payment of an amount not exceeding forty shillings, but for no greater amount, in the case

of bronze coins for an amount not exceeding one shilling, but for no greater amount. No piece of gold, silver, copper, or bronze, or of any metal or mixed metal of any value may be issued, except by the Mint, as a coin or token for money, under a penalty of £20. The act deals with defacing light coin, coining of bullion at the Mint, purchase of bullion by the master of the Mint, regulations by proclamation of the Queen in council, &c., and also deals with the custody of the standard trial plates and weights.

II. DESTROYING PUBLIC SHIPS OR EMBEZZLING PUBLIC STORES.

By 12 G. 3, c. 24, it was a capital offence to set on fire or destroy any of her Majesty's ships of war, or destroy the Queen's arsenals, magazines, dockyards, ropeyards, victualling offices, or materials appertaining thereto; or military, naval, or victualling stores; or to procure, abet, or assist in such offences.

By the Naval Stores Act, 1869 (32 & 33 V. c. 12), the Naval Stores Act, 1867, is repealed. Certain marks are appropriated to denote her Majesty's property in stores. Any person obliterating such marks, is guilty of a felony, and liable to penal servitude for five years, or imprisonment for two years. The metropolitan police are given power to stop and search suspected persons. No person

is allowed, without express authority, to sweep or search for stores or dredge in the sea within one hundred yards of any one of her Majesty's vessels, or of any dockyard or moorings, under a penalty not to exceed £5, or imprisonment for any term not exceeding three months, with or without hard labour.

If stores are found in the possession of any one in her Majesty's service, or in the service of the Admiralty, or of any one being a dealer in marine stores, or in old metals, or of a pawnbroker, such person is liable, unless he account satisfactorily for the possession of the stores, to a penalty not exceeding £5, and for this purpose stores are deemed to be in the possession of any one if he knowingly has them in the actual possession of any other person, or in any house, building, &c., whether occupied by himself or not, or whether such stores are or not for his own benefit.

III. SALE OF PUBLIC OFFICES.

The buying or selling of offices of a public nature has been considered as an offence malum in se, and indictable at common law, 1 Russ. 227.

By 5 & 6 E. 6, c. 16, if any person bargain to sell any office or any part thereof, to receive money or other profit, which office concerns the administration of justice, or the king's revenue or fortresses, or any clerkship in any court of record, he shall lose all