exporting from the United Kingdom any counterfeit COINING. British current coin. possessing other within ten days § 10. Knowingly tendering, uttering, or putting off Uttering while counterfeit coin resembling, or apparently intended to base coin, or resemble or pass for British current gold or silver coin; again uttering. and either, at the same time, having in custody or possession any other counterfeit British current gold or silver coin; or, on the same day, or within ten days next ensuing, committing another offence of tendering, &c., as above. § 21. Offending a second time against § 20 (utter-Second uttering ing base foreign gold or silver coin). IV. CRIME AND OFFENCE. Penal servitude for five (1) years, or imprisonment not exceeding two years, with or without hard labour, or solitary confinement. foreign gold or silver. or more base silver coins with § 11. Knowingly having in custody or possession Possessing three three or more counterfeit coins resembling, or appar- British gold or ently intended to resemble or pass for British current intent. gold or silver coin, with intent to utter or put off the same, or any of them. V. HIGH CRIME AND OFFENCE. Penal servitude for a term not exceeding seven years or less than five (2) years, or imprisonment for any term not exceeding two years, with or without hard labour or solitary confinement. or silver taken coin. § 5. Unlawfully having in custody or possession Possessing gold gold or silver in any form, knowing it to have been from British produced or obtained by impairing, diminishing, or lightening any British current gold or silver coin. 1 The Coining Statute makes the limit three years. This is altered by 27 and 28 Vict., c. 47, § 2. 2 The Coining Statute makes the minimum three years. This is altered by 27 and 28 Vict. c. 47, § 2. COINING. Making, mend ing, dealing in, or having tools for counterfeiting British copper. Dealing in base British copper. Making base foreign gold or silver. Bringing into Britain base silver. § 14. Making or counterfeiting any coin resembling, or apparently intended to resemble or pass for British current copper coin. § 14. Without lawful authority or excuse, (burden of proof on the accused), knowingly making or mending, buying or selling, or having in custody or possession any instrument, tool, or engine, adapted and intended for counterfeiting British current copper coin. § 14. Without lawful authority or excuse, (burden of proof on the accused), (1) buying, selling, receiving, paying, or putting off, or offering to buy, &c., any false or counterfeit coin resembling, or apparently intended to resemble or pass for British current copper coin, at a lower value than it imports, or is apparently intended to import. § 18. Making or counterfeiting coin resembling, or apparently intended to resemble or pass for gold or silver coin of any foreign country. § 19. Without lawful authority or excuse, (burden foreign gold or of proof on the accused), knowingly bringing or receiving into the United Kingdom any counterfeit coin, resembling, or apparently intended to resemble or pass for gold or silver coin of any foreign country. Second offence making base coin. § 22. Second offence of making or counterfeiting foreign inferior any coin resembling, or apparently intended to resemble or pass for a certain coin of any foreign country, the coin imitated being of a less value than any of the silver coin of such foreign country (2). 1 These words are not repeated before this part of § 14, but they obviously override this clause, which does not begin by a repetition of the words" and whosoever," &c., but is directly coupled to the preceding, beginning as it does with the words "or shall buy or sell," &c. 2 This offence, though declared to be punishable in the same way as the other offences set forth under this head, is not expressly declared to be a "high crime and offence." VI. HIGH CRIME AND OFFENCE. Penal servitude COINING. British gold or § 4. Impairing, diminishing, or lightening any Lightening British current gold or silver coin, with intent that it silver with may thereafter pass for British current coin. intent. VII. HIGH CRIME AND OFFENCE. Penal servitude for life or any shorter period, or imprisonment not exceeding two years, with or without hard labour or solitary confinement. British gold or § 2. Making or counterfeiting any coin resembling Making base or apparently intended to resemble or pass for British silver. current gold or silver coin. any over Gilding or silver the ing base British coin or pieces of metal with in § 3. Gilding or silvering, or washing, casing or colouring, in any way capable of producing colour or appearance of gold or silver, tent. coin resembling, or apparently intended to resemble or pass for British current gold or silver coin, or any piece of silver or copper, or of coarse gold or silver, or any metal or mixed metals, of a suitable size or figure for coining, and with intent to coin the same into counterfeit coin. with intent to gold. § 3. Gilding or washing, casing over or colouring, Altering silver in any way capable of producing the colour or appear- pass for British ance of gold, British current silver current coin, or filing or altering such coin with intent to make it resemble or pass for British current gold coin. with intent to gold or silver. § 3. Gilding or silvering or washing, casing over, Altering copper or colouring, in any way capable of producing the pass for British colour or appearance of gold or silver, British current copper coin, or filing or altering such coin, with intent to make it resemble or pass for British current gold or silver coin. COINING. § 6. Without lawful authority or excuse, (burden of Dealing in base proof on the accused,) knowingly buying, selling, British gold or silver. Importing base British gold or silver. Offence against §§ 9, 10, or 11. by convicted of such offence, or of any high crime and offence. receiving, putting off, or offering to buy, &c., any counterfeit coin, resembling, or apparently intended to resemble, or pass for British current gold or silver coin, at a lower value than it imports, or is apparently intended to import. § 7. Without lawful authority or excuse (burden of proof on the accused) knowingly importing or receiving into the United Kingdom from beyond seas any counterfeit coin resembling or apparently intended to resemble or pass for British current gold or silver coin. § 12. Offending against § 9, (uttering base British one previously gold or silver coin*); § 10. (ditto, aggravated by possession of another coin, or by its being within ten days of a similar offence†); or § 11. (possessing three or more base British gold or silver coins), by a person who has been previously convicted of any such crime as is set forth in these sections whether under the law as existing prior to the statute, or under the statute itself, or who has been convicted of any high crime and offence under the present or any previous statute relating to the coin (1). Third offence, uttering base foreign gold or silver. Making, mend ing, dealing in, § 21. Offending against § 20 (uttering base foreign gold or silver coin ||), by a person who has been twice previously convicted under these two sections. § 24. Without lawful authority or excuse, (burden of proof on the accused), knowingly making or mending, or beginning or proceeding to make or mend, or 1 This section supersedes objections which were taken in prosecutions under the former statutes, to the charging of previous convictions of high crimes and offences. See Janet Brown, H. C., June 7th 1841; 2 Swin. 554 and Bell's Notes 134.Mary White, H.C., Nov. 5th 1841; * Vide 104. + Vide 105. 2 Swin. 568 and Bell's Notes 134.Sarah Moonie or Grierson, Glasgow, Sept. 16th 1842; 1 Broun 386 and Bell's Notes 134.-Elizabeth Treasury or Campbell, Glasgow, April 29th 1859; 3 Irv. 422.-(The rubric of this last case is, on this point, rather misleading.) + Vide 105. || Vide 103. buying or selling, or having in custody or possession COINING. any puncheon, counter puncheon, matrix, stamp, die, pattern, or mould, in or on which there shall be made. or impressed, or which will make or impress, or is adapted to make or impress the figure, stamp, or apparent resemblance of both or either of the sides of any current British or foreign gold or silver coin (1), or part or parts of both or either of the sides, or making or mending, &c. (as above) any edger, edging or other tool, collar, instrument, or engine, adapted and intended for marking coin round the edges with letters, grainings, or other marks or figures apparently resembling those on the edges of such coin as above; or making or mending, &c. (as above) any press for Making, &c., coinage, or cutting engine for cutting round blanks out or engine for of gold, silver, or other metal or mixed metals, know- for base coin. ing such press to be a press for coinage, or such engine to have been used, or to be intended to be used in making such coin as aforesaid. press for coinage, cutting metal struments or mint. § 25. Without lawful authority or excuse, (burden. Conveying inof proof on the accused), knowingly conveying from metals from any Royal Mint any puncheon, counter puncheon, matrix, stamp, die, pattern, mould, edger, edging or other tool, collar, instrument, press, or engine used in or about coining or any useful part of such articles, or any coin, bullion, metal, or mixture of metals. not be as genu In offences relating to the coin, the "tendering, Uttering need uttering, or putting off" is not required by the ine Statute to be "as genuine." It has been held that a person who receives a good coin in change, and hands back a bad one, stating it to be the coin he received, and demanding a good one in its place, is 1 The words of the section though applicable in the case of British coin, to gold and silver only, would appear to apply to any foreign coin, which can scarcely |