or silver coin; or shall gild or silver, or shall, with any wash or materials capable of producing the colour or appearance of gold or of silver, or by any means whatsoever, wash, case over, or colour any piece of silver or copper, or of coarse gold or coarse silver, or of any metal or mixture of metals respectively, being of a fit size and figure to be coined, and with intent that the same shall be coined into false and counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin; or shall gild, or shall, with any wash or materials capable of producing the colour or appearance of gold, or by any means whatsoever, wash, case over, or colour any of the Queen's current silver coin, or file or in any manner alter such coin, with intent to make the same resemble or pass for any of the Queen's current gold coin; or shall gild or silver, or shall, with any wash or materials capable of producing the colour or appearance of gold or silver, or by any means whatsoever, wash, case over, or colour any of the Queen's current copper coin, or file or in any manner alter such coin, with intent to make the same resemble or pass for any of the Queen's current gold or silver coin, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable,' to the same punishment as in sec. 2.

The words, by any means whatsoever,' were introduced in order to include every process by which false metal can be made to appear like gold or silver, whether such appearance be produced by galvanism or otherwise howsoever.

The order of the words in the former clause was wash, colour, or case over,' and it was advisedly altered.

Counterfeiting foreign gold and silver coin. -Sec. 18. Whosoever shall make or counterfeit any kind of coin not being the Queen's current gold or silver coin, but resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement.' (1)

Counterfeiting foreign coin other than gold and silver coin. Sec. 22. 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, or any other coin made of any metal or mixed metals of less value than the silver coin of any foreign prince, state, or country, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a high crime and offence, 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 the same punishment as in s. 18. (m)

(7) This clause is framed from the 37 Geo. 3, c. 126, s. 2. See the interpretation clause, ante, p. 208.

(m) This clause is framed from the 43

Geo. 3, c. 139, s. 3. See sec. 37 for the form of an indictment for a second offence, &c., post.

Sec. 23 provides for the summary conviction of persons in possession of such foreign coin as aforesaid without lawful excuse.

Counterfeiting copper coin. Sec. 14. Whosoever shall falsely make or counterfeit any coin resembling or apparently intended to resemble or pass for any of the Queen's current copper coin, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable,' as in s. 18. (n)

Selling medals resembling current coin. By the Counterfeit Medal Act 1883 (46 & 47 Vict. c. 45) § 2, 'If any person without due authority or excuse (the proof whereof shall lie 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 at 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, he shall be guilty of a misdemeanor, and on being convicted shall be liable to be imprisoned for any term not exceeding one year with or without hard labour.' Sec. 3. "The Queen's current gold or silver coin" includes any gold or silver coin coined in or for any of Her Majesty's mints, or lawfully current by virtue of any proclamation or otherwise in any part of Her Majesty's dominions, whether within the United Kingdom or otherwise.'

Counterfeiting coin by officers in the mint. With respect to the offence of counterfeiting coin in general it may be observed, that not only all such as counterfeit the King's coin without his authority, but even such as are employed by him in the mint, come within the statute, if for their own lucre they make the money of baser alloy, or lighter than by their indentures they are authorized and bound to do: for they can only justify their coining at all under such an authority; and if they have not pursued that authority, it is the same as if they had none. But it is not any mistake in weight or alloy that will make them guilty; the act must be wilful, corrupt, and fraudulent. (nn)

What is a sufficient counterfeiting. The monies charged to be counterfeited must resemble the true and lawful coin: (o) but this resemblance is a matter of fact of which the jury are to judge upon the evidence before them; the rule being, that the resemblance need not be perfect, but such as may in circulation ordinarily impose upon the world. (p) Thus a counterfeiting with some small variation in the inscription, effigies, or arms, done probably with intent to evade the law, is yet within it; and so is the counterfeiting in a different metal, if in appearance it be made to resemble the true coin. (q) Where, on an indictment for uttering a counterfeit half-sovereign,

(2) This clause is taken from part of sec. 12 of the 2 Will. 4, c. 34.

(nn) 1 East, P. C. c. 4, s. 15, p. 166. 1 Hale, 213. Hawk. P. C. c. 17 s. 55. 3 Inst. 16, 17. 4 Blac. Com. 84.

(0) 1 Hawk. P. C. c. 17, s. 81.

(p) 1 Hale, 178, 184, 211, 215.

(9) 1 East, P. C. c. 4, s. 13, p. 164, citing 1 MS. Sum. 50, and Ridgeley's case, Old Bailey, Dec. 1778.

the coin was, in reality, a Prince of Wales's medal; and though on one side it bore some resemblance to a good half-sovereign, having Her Majesty's head and the usual inscription, on the other side was the plume of the Prince of Wales, with the words 'Prince of Wales's model half-sovereign,' and it was held that it was a question for the jury whether this coin was intended by the maker to pass as a counterfeit coin, or was merely designed for a plaything, a card-marker, &c. (r).

It is quite clear that there will be a sufficient counterfeiting where the counterfeit money is made to resemble coin, the impression on which has been worn away by time. In one case the shillings produced in evidence were quite smooth, without the smallest vestige of either head or tail, and without any resemblance of the shillings in circulation, except their colour, size, and shape; and the Master of the Mint proved that they were bad, but that they were very like those shillings the impression on which had been worn away by time, and might very probably be taken by persons having less skill than himself for good shillings; and the Court were of opinion that a blank that is smoothed and made like a piece of legal coin, the impression of which is worn out, and yet suffered to remain in circulation, is sufficiently counterfeited to the similitude of the current coin of this realm to bring the counterfeiters and coiners of such blanks within the statute; these blanks having some reasonable likeness to that coin which has been defaced by time, and yet passed in circulation. (s) In a subsequent case the counsel for the prisoners having objected, upon the fact of no impression of any sort or kind being discernible upon the shillings produced in evidence, that they were not counterfeited to the likeness and similitude of the good and legal coin of the realm, the judges were of opinion, that it was a question of fact whether the counterfeit monies were of the likeness and similitude of the lawful current silver coin called a shilling. And the jury having so found it, the want of an impression was immaterial; because, from the impression being generally worn out or defaced, it was notorious that the currency of the genuine coin of that denomination was not thereby affected; the counterfeit therefore was perfect for circulation, and possibly might deceive the more readily from having no appearance of an impression: and in the deception the offence consists. (t) Before the 2 Will. 4, c. 34, where the imitation of the real coin had not proceeded so far as to fabricate a false coin sufficiently perfect to be circulated, the offence of counterfeiting was not complete. Thus, where the prisoner had forged the impression of a half-guinea on a piece of gold, which was previously hammered, but was not round, nor would pass in the condition it then was, upon reference to the judges, it was held that the crime of counterfeiting was incomplete. (u) And where the prisoners were convicted under the 25 Edw. 3, c. 2, and it appeared that no one piece of the base metal found upon them was in such a state as to make it passable, the conviction was held to be wrong. (v) But by the 24 & 25 Vict. (r) R. v. Byrne, 6 Cox, C. C. 475. Crampton, J.

(s) Wilson's case, Old Bailey, 1783; 1 Leach, 285.

(t) R. v. Welsh, 1 Leach, 364. 1 East. P. C. c. 4, s. 13, p. 164.

(u) Varley's case, 1 Leach, 76. 1 East, P. C. c. 4, s. 13, p. 164. 2 Blac. Rep. 682. (v) R. v. Harris, 1 Leach, 135.

c. 99, s. 30, the offence of counterfeiting shall be deemed to be complete, although the coin be not in a state fit to be uttered, or the counterfeiting not finished or perfected. (w) The prisoner was indicted under 24 & 25 Vict. c. 95, s. 13, for uttering a medal resembling in size, figure, and colour, one of the Queen's current gold coins called a half-sovereign. The medal was stated by a witness to be 'made of metal the same diameter as a half-sovereign, somewhat similar in colour. On the obverse there is the head of the Queen, similar to that on a half-sovereign. The legend is entirely different from that on a half sovereign, being "Victoria, Queen of Great Britain," instead of "Victoria Dei Gratiâ." The medal is querled, but the querling is round and not square.' At this point of his evidence the witness accidentally dropped the medal, and it was lost. No evidence was given of what was on the other side of the medal nor was the medal shown to the jury. The court were all of opinion that there was evidence that the medal resembled a half-sovereign in size, colour, and figure. (x)

Colouring. Upon an indictment on the 8 & 9 Will. 3, c. 26, s. 4 (now repealed), it appeared that the colour of silver was produced by melting a small portion of good silver with a large portion of base metal, and throwing it, after it had been cut up into round blanks, into aqua fortis, which has the effect of drawing to the surface whatever silver there may be in the composition, and giving the metal the colour and appearance of real silver. A doubt therefore arose, whether this process of extracting the latent silver by the power of the wash from the body to the surface of the blank was colouring with a wash and materials' within the meaning of the statute; or whether the Legislature did not intend such a colouring only as is produced by some external application on the surface of the blank. But the judges thought that this process of extracting the latent silver from the body to the surface of the base metal by the power of aqua fortis was a colouring within the words of the statute; (y) and they also thought that it might be charged as a colouring with silver; for the effect of the aqua fortis is to corrode the base metal, and leave the silver only on the superficies; and so the copper is coloured or cased with silver. (2)

So though it was necessary that the blanks should be rubbed after they were taken out of the wash, in order to give them the appearance of silver, the preparing and steeping them in the wash was held to be a colouring within the 8 & 9 Will. 3, c. 26, s. 4. The prisoner was apprehended in the very act of steeping round blanks composed of brass and silver in aqua fortis: none of them were in a finished state; but many were taken out of the liquor, and others were found dry. These blanks exhibited the appearance of lead, and some of them had the impression of a shilling, and by rubbing them they might be made perfectly to resemble silver coin; but in their then state the jury found that none of them would pass current. The question was, whether the offence was completed, inasmuch as the colour of silver had not been produced on any of the blanks. There

(w) Post, p. 217.

(x) R. v. Robinson, L. & C. 604; 34 L. J M. C. 176.

(y) R. v. Lavey, 1 Leach, 153.
(2) S. C., 1 East, P. C. c. 4, s. 14.

was some difference of opinion amongst the judges upon a case reserved. One judge said, he understood the words 'colour, &c.,' to mean producing on the piece of metal the colour of silver, which was not done here; for without rubbing, the money coined would not pass and another observed, that the word in the statute was 'producing' in the present tense, and not materials which would produce. But the other judges thought the conviction right. They considered that the offence was complete when the piece was coloured; for it was then coloured with materials which produce the colour of silver; and that it was not necessary that the piece so coloured should be current, for the colouring of blanks was an offence within the clause. And it was observed, that a contrary construction would prevent any conviction until a wash was discovered, which would in the first instance produce a perfect bright shilling or sixpence. (a)

Upon an indictment on the 2 Will. 4, c. 34, s. 4, which alleged that the prisoner three sixpences feloniously did gild with materials capable of producing the colour of gold,' it was proved that the prisoner was apprehended in the act of gilding sixpences with gold, three of which so gilt were found in the room where he was taken: it was objected that the indictment was not proved, as the prisoner had used gold and not materials capable of producing the colour of gold. It was answered, that the latter words might be rejected; to which it was replied, that they could not, as they qualified the word gold, and showed it was not used in the strict sense of the word. A verdict having been directed for the Crown, the counsel for the prisoner moved, in arrest of judgment, in case the objection should arise on the record. Upon a case reserved, the judges present were unanimous that the indictment was proved, and all, except two, (b) considered the indictment good. (c)

Counterfeiting complete without uttering. - If there be a counterfeiting in fraud of the King, the offence is complete before any uttering, or attempt to utter. (d)

Procuring dies with intent to counterfeit foreign coin. One count charged the prisoner with unlawfully causing to be made two dies, one of the obverse side, the other of the reverse side of a silver half-dollar of Peru, with intent feloniously to make counterfeit Peruvian half-dollars; another count charged him with attempting feloniously to coin by making the dies, with intent to use them in coining such counterfeit coins. The prisoner, without any authority or license so to do, caused to be made by one Jackson, a die sinker (who, though he executed the order, gave notice to the police, and committed no offence against the law), the necessary dies for making a counterfeit dollar of the Republic of Peru. The dies, though suitable and necessary for making such counterfeit coin could. not alone produce it; a press, copper blanks, galvanic battery, and a

(a) R. v. Case, 1 East, P. C. c. 4, s. 14. 1 Leach, 154, note (a). This case probably caused the use of the terms, materials capable of producing the colour of gold or silver,' in the 2 Will. 4, c. 34, s. 4, instead of the terms, materials producing the colour

of gold or silver,' in the 8 & 9 Will. 3, c. 26, s. 4. C. S. G.

1

(b) Littledale, J., and Parke, B. (c) R. v. Turner, 2 M. C. C. R. 42. (d) 3 Inst. 61. 1 Hale, 215, 228. Hawk. c. 17, s. 55. 1 East, P. C. c. 4, s. 13, p. 165.