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the possession of such instruments or materials for making them, are criminal, although there be no uttering (1.) The most important are contained in the Acts 45 Geo. iii. c. 89, relating to Bank of England notes ; 41 Geo. III. c. 57, relating to Private Bank notes, and the Post Office Acts 7 Will. IV. and 1 Vict. c. 36, and 3 and 4 Vict. c. 96. Prosecutions for such offences are extremely rare (2). The statutes relating to excise and post stamps and the like, appear in no case to have been made the basis of a prosecu

tion (3)



When forged bank notes are vended to a person who knows them to be forged, there is, as has already been observed, no uttering in the strict sense. But on the other hand, to vend forged notes at a price below their nominal value, is a crime by the common law, and punishable by penal servitude or imprisonment (4.) As regards Bank of England notes, such vending is punishable by penal servitude for life, or not less than seven years, or by imprisonment for four, or not less than two years (5).

BANKRUPTCY FRAUDS. Though frauds of this kind are divided into two classes—I. Fraudulent bankruptcy; and II. Fraudulent


1 Hume i. 168.- Alison i. 391, 14th 1846 and Jan 11th 1847 ; Ark. 392.

187 and 220. 2 The latest cases

are Arch. 4 Hume i. 150: case of Horn in Miller and Susan Brown or Miller, note 1.-Alison i. 406, 407, and cases H.C., Jan. 3d, 1850 ; J. Shaw 288, of Hendrie : and M‘Millan there. (indictment). --John H. Greatrex -Will. Cooke, Jan. 7th 1833 ; Bell's and others, H.C., May 9th to 11th, Notes 58. 1867 ; 5 Irv. 375 and 39 S. J. 388 6 Act 45 Geo.III.c.89, as amended and 4 S.L.R. 3.

by 2 and 3 Will. IV. o. 123, and by 3 There has been one prosecu- 7 Will. IV. and 1 Vict. c. 84, and tion under the Act 6 and 7 Will. IV. by the Penal Servitude Acts 20 and c. 69, relating to the assaying of 21 Vict. c. 3, and 27 and 28 Vict. plate.—John Anderson, H.C., Dec.

c. 47.

secreting pro

acts by persons insolvent or on the eve of bankruptcy, BANKRUPTCY the distinction between the classes is not very clearly defined. But generally speaking, the nomen juris “ fraudulent bankruptcy,” is applicable where a person obtains sequestration by fraudulent means, or having committed fraudulent acts in contemplation of bankruptcy, continues them down to the date of sequestration (1). The other class includes all fraudulent acts committed in contemplation of bankruptcy, or after bankruptcy.

If a person, who is in contemplation of bankruptcy, Alienating or or whose power to meet his engagements is so lost perty. that he is insolvent at the time, alienates property to particular or pretended creditors or to relatives (2), or carries off or secretes property (3), or disposes of property by fictitious sale (4), or pretended payment (5), or in any similar manner with intent to defraud his creditors, he may be prosecuted criminally. And the same holds, if a solvent person secretes property, and takes out sequestration on pretence that he cannot satisfy his creditors (6). Any alienation or putting Putting away or away of property (7) or attempt to escape from the property after country with property (8) after bankruptcy, is criminal.

The punishment is either penal servitude imprisonment.

escaping with



1 See Chas. M'Intyre, Inverness, Sept. 14th, 1837 ; 1 Swin. 536.

2 Hume i. 509. -- Alison i. 571.Will. M‘Laren, H.C., May 23d 1836 ; 1 Swin. 219 (Indictment).John M‘Rae, Perth, Sept. 17th 1867 : 5 Irv. 463.

3 Alison i. 570, 571.—Richard F. Dick and Alex. Lawrie, H.C., July 16th 1832 ; 4 S. J. 594 and 5 Deas and Anderson 513.-John O'Reilly, H.C., July 14th 1836; 1 Swin. 256 (Indictment).-Chas. MʻIntyre, Inverness, Sept. 14th 1837 ; 1 Swin. 536 (Indictment). NOTE.—

These cases are selected as illustra-
tions only.

4 Rob. Moir and John Moir,
H.C., Dec. 5th, 1842; 1 Broun 448

5 Will. Maclaren, H.C., May 23d 1836 ; 1 Swin. 219 (Indictment.)

6 John O'Reilly, H.C., July 14th 1836 ; 1 Swin. 256 (Indictment).

7 Alison i. 571, and case of Carter there.—Jas. Henderson, Perth, Sept. 30th 1862; 4 Irv. 208 (Indictment).

8 Hume i. 510, and cases of Noble : and Morrison there.




This statutory offence (1) consists in knowingly and TERING BIRTHS, Wilfully (2) making or causing to be made any false


or fictitious entry for insertion in the Register, or any false statement in reference to the names or other particulars required to be registered. The cases which occur are generally false registrations of children as legitimate (3), or as being the issue of a person who is not truly the parent (4), and fictitious entries of marriages or deaths which never took place (5). It has not been decided whether the false statement constitutes the offence, though the Registrar make no entry, but the Act seems sufficiently broad to cover such a case.



The punishment is penal servitude (6) not exceeding seven years or imprisonment not exceeding two years.


The practice of prosecuting offences against the coin at common law, is now abandoned, and the law

Law codified

is codified by statute (24 & 25 Vict., c. 99). By the Interpretation of interpretation section (§ 1), "Queen's current gold



and silver coin," includes any such coin coined in any Royal Mint, or lawfully current by proclamation or otherwise, in any part of the Queen's dominions:'Queen's copper coin includes any copper, bronze, or


1 Act 17 and 18 Vict. c. 80 § 60. 2 Jas. Kinnison, Dundee, Sept. 2nd 1870; 1 Couper 457 and 43 S.J. 17 and 8 S.L. R. 1.

3 Alex. W. Askew, H.C., Nov. 7th 1856; 2 Irv. 491 (Indictment).

David Greig, H.C., Jan. 14th

1856; 2 Irv. 357 (Indictment).

5 Mary Campbell, Perth, Sept. 1857 (Indictment), Adv. Lib. Coll. NOTE. The cases quoted above are selected as Illustrations only.

6 Penal Servitude, Acts 20 and 21 Vict. c. 3, and 27 and 28 Vict. c. 47.

"mixed metal coin, coined or current as above":-
"false or counterfeit coin, resembling or apparently
"intended to resemble or pass for any of the Queen's
current gold or silver coin," includes current coin so
tampered with as to resemble, or be apparently in-
tended to resemble, or pass for a coin of a higher
denomination:-"Queen's current coin" includes any
coin coined in a Royal Mint, or lawfully current by
proclamation, or otherwise, in any of the Queen's do-
minions and where the "having any matter in the
custody or possession of any person is mentioned,” it
includes " knowingly and wilfully having it in the
"actual custody or possession of any other person, or
"in any place whatever, whether his own or occupied
"by him or not, or whether he have the thing for his


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I. CRIME AND OFFENCE. Imprisonment not exceeding six months, with or without hard labour.

depend on coin


own use or that of another (1)." By § 30 every offence not to offence of making false coin, or buying, selling, receiv- being in finished ing, paying, tendering, uttering, or putting off, or offering to buy, &c., counterfeit coin, shall be deemed complete, although the coin be not in a fit state for uttering, or the counterfeiting be unfinished or imperfect (2).

The offences under the statute are as follows::

1 This clause obviates the difficulty (if there was truly any), which was pointed at in the case of Isabella Murray and Helen Carmichael or Bremner, H.C., July 26th 1841; 2 Swin. 559 and Bell's Notes 137.See also Mary Sutherland and Isa


foreign gold or

§ 20. First offence of knowingly tendering, uttering, Uttering base or putting off, counterfeit coin, resembling, or apparently silver coin. intended to resemble or pass for any foreign gold or silver coin.


bella Gibson or Murray, H.C., Dec.
11th 1848; J. Shaw 135.

2 This section prevents any ques-
tion being raised such as was at-
tempted in the case of Agnes Logg,
Glasgow, Jan. 11th 1839; 2 Swin.
280 and Bell's Notes 134.


British gold or silver coin.

Uttering as British gold or silver, being of less value.

Uttering base Britislı copper coin.

II. CRIME AND OFFENCE. Imprisonment not exceed

ing one year, with or without hard labour, or

solitary confinement. Uttering base $ 9. First offence of knowingly tendering, uttering,

or putting off counterfeit coin resembling, or apparently intended to resemble, or pass for British current gold or silver coin.

§ 13. Tendering, uttering, or putting off with intent to defraud, any coin, medal, or piece of metal, or mixed metals, resembling in size, figure, and colour genuine British gold or silver coin, but being of less value than the coin it is passed off for.

§ 15. Knowingly tendering, uttering, or putting off counterfeit coin resembling, or apparently intended to resemble or pass for British current copper coin.

$ 15. Knowingly having in custody or possession ditto with intent. three or more counterfeit coins resembling, or appar

ently intended to resemble or pass for British current copper coin, with intent to utter or put off the same, or any of them.

§ 16. Defacing any British current coin by stamping names or words upon it, whether it is lightened in the process or not.

$ 22. First offence of making or counterfeiting any coin resembling, or apparently intended to resemble or pass for coin of a foreign country, the coin imitated being of a less value than the silver coin of such foreign country.

Having three or more base


Making base foreign inferior coin.

III. CRIME AND OFFENCE. Imprisonment not ex

ceeding two years, with or without hard labour, or solitary confinement.

Exporting base
British coin.

§ 8. Without lawful authority or excuse (burden of proof on the accused), knowingly exporting, or putting on board any ship, vessel, or boat, for the purpose of

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