COINAGE OFFENCES ORDINANCE, 1865

COINAGE OFFENCES ORDINANCE, 1865

No. 7 of 1865.
An Ordinance to consolidate and amend the lawa against
offences relating to coinage.
[20th Octoberk 1865.]

1. This Ordinance may be cited as the Coinage Offences
Ordinance, 1865.

2. In this Ordinance,

The King's current gold and silver coin includes any
gold or silver coin, and the King's copper coin' includes
any copper coin and any coin of bronze or imxed metal, and
the King's current coin includes any coin whether made
of gold, silver, copper, bronze, or mixed metal, coined in any
mint in His Majesty's dominions or any such coin lawfully
current, by virtue of any proclamation or otherwise, in any
part of His Majesty' dominions, whether within this Colony
or otherwise.

False or counterfeit coin resembling, or apparently
intended to resemble or pass for, any of the King's current
gold or silver coin includes any of the current coin which
has been gilt, silvered, washed, coloured, or cased over, or in
any manner altered, so as to resemble, or be apparently
intended to resemble or pass for, any of the King's current
coin of a higher denomination.

Where the having any matter in the custody or possession
of any peson is mentioned in this Ordinance, it includes not
only the having of it by himself in his personal custody or
possession, but also the knowingly and wilfully having it in the
actual custody or possession of any other person, and also the
knowingly and wilfully having it in any dwelling-house or
other bulding, lodging, apartment, field, or other place,
open or enclosed, whether belonging to or occupied by
himself or not, and whether such matte is so had for his
own use or benefit or for that of any other person.

Offences relating to the King's gold and silver coin.

3. Every person who falsely makes or counterfeits any
coin resembling, or apparently intended to resemble or pass
for, any of the King's current gold or silver coin shall be
guilty of felony, and shall be liable to imprisonment for life.


* As amended by law Rev. Ord., 1923, and Law Am. ord., 1923.
+ As amended by Law Rev. Ord., 1923.



























4. Every person wbo-

(1) gilds or silvers, or, with any wash or materials capable
of producing the colour or appearance of gold or of silver
or by any means whatsoever, washes, cases over, or colours,
any, coin whatsoever resembling, or apparently intended
to reseinble or pass for, of the King's current gold or
silver coin; or

(2) gilds or silvers, or, with any wash or materials capable
of producing the colour or appearance of gold or of silver
or by any means whatsoever, washes, cases over, or colours,
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 Kings current gold or silver coin ; or

(3) gilds, or with any wash or materials capable of
producing the colour or appearance of gold or by any means
whatsoever, washes, cases over, or colours, any of the King's
current silver coin, or files or in any manner alters such
coin, with intent to make the same resemble or pass for any
of the King's current gold coin; or

(4) gilds or silvers, or, with any wash or materials capable
of producing the colour or appearance of gold or of silver
or by any means whatsoever, washes, cases over, or colours,
any of the King's current copper coin, or files, or in any
manner alters such coin, with intent to make the same
resemble or pass for any of the King's current gold or silver
coin,
shall be guilty of felony, and shall be liable to imprisonment
for life.

5. Every person who, without lawful authority or excuse,
buys, sells, receives, pays, or puts off, or offers 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 King's current gold or silver 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 shall be
liable, to imprisonment for life.


6. Every person who, without lawful authority or excuse,
imports or receives into the Colony from beyond the sess,
or from any pat of China, any false or counterfeit coin
resembling, or apparently intended to resemble or pass for,
any of the King's current fold or silver coin, knowing the
same to be false or counterfeit, shall be guilty of felony, and
shall be liable to imprisonment for life.

7. Every person who, without lawful authority or excuse,
exports or puts on board any ship, vesel, or boat, for the
purpose of being exported from the Colony, any false or
counterfeit coin resembling, or apparently intended to
resemble or pass for, any of the King's current coin,
knowing the same to be false or counterfeit, shall be guilty
of a misdemeanor, and shall be liable to imprisonment for
any term not exceeding two years.

8. Every person who tenders, uttes, or puts off any false
or counterfeit coin resembling, or apparently intended to
resemble or pass for, any of the King's current gold or silver
coin, knowing the same to be false or counterfeit, shall be
guilty of a misdemeanor, and shall be liable to imprisonment
for any term not exceeding one year.

9. Every person who, tenders, utters, or puts off any
flase or counterfeit coin resembling, or apparently in-
tended to resemble or pass for, any of the King's
current gold or silver coin, knowing the same to be false
or counterfeit, and, at the time of such tendering,
uttering, or putting off, has in his custody or possession,
besides the false or countefeit 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
King's current gold or silve coin, or, either on the day of
such tendering, uttering, or putting off or within the space
of ten days then next ensuing, tenders, uttes, or puts off any
false or counterfeit coin resembling, or apparently intended
to resemble or pass for, any of the King's current gold or
silver coin, knowing the same to be false or counterfeit, shall
be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding two years.

10. Every person who has in his custody or possession
three ror more pieces of false or counterfiet con resembling,

* As amended by Law Rev. Ord., 1923.















or apparently intended to resemble or pass for, any of the
King'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
shall be liable to imprisonment for any term not exceeding
three years.

11. Every person who, having been convicted of any such
misdemeanor as is mentioned in section 9, 10 or 11, or of
any felony against this Ordinance, afterwards commits any of
the misdemeanors mentioned in any of the said sections shall
be guilty of felony, and shall be liable to imprisonment for
life.

12. Every person who, with intent to defraud, tenders,
utters, or puts off as or for any of the King'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, resem-
bling in size, figure,, and, colour the current, coin as or for
which the same is 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 is so tendered, uttered, or put off, shall be
guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding one year.

Offences relating to the King's copper coin.

13. Every person who-
(1) falsely mkes ot counterfeits any coin resmbling, or
apparently intended to resemble or pass for, any of the King's-K Ill U'S
current copper coin; or,

(2) without lawful authority or excuse, knowingly makes
or mends, or begins or proceeds to make or mend, or buys,
or sells, or has in his custody or possession any instrument,
tool, or engine adapted and intended for the counterfeiting
any of the King's. current copper coin; or
(3). buys, sells, receives, pays, or pitts off, or offers, 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 King's current copper coin, at or for a lowe rate
or value than the same imports or was apparently intended
to import.

* As amended by Law Rev. Ord., 1923.





shallbe guilty of felony, and shall be liable to imprisonment,
for any term not exceeding seven years.

14. Every person who-

(1) tenders, utters, or puts off any false or counterfeit coin
resembling, or apparently intended to resemble or pass for,
any of the King's current coppr coin, knowing the same to
be false or counterfiet; or
(2) has 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 King's current
copper coin, knowing the same to be false or counterfeit, and
with intent to utte or put off the same or any of them,

shall be guilty of a misdemenor, and shall be liable to im-
prosonment for any term not exceeding one year.

Offences relating to foreign coin.

15. Every person who makes or counterfeits any kind of
coin, not being the King'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 be guilty of felony, and shall be liable to imprisonment
for any term not exceeding seven years.

16. Every person who, without lawful authority or excuse,
brings or receives into the Colony any such false 6r 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 felony, and shall be liable to imprisonment for
any term not exceeding seven year.

17. Every person who tenders, utters, or puts 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 shall he
imprisonment for any term not exceeding six
months.

* As amended by Law Rev. Ord., 1923.





18.-(1) Every person who, having been so convicted as
is mentioned in section 17, afterwards commits the like
offence of tendering, uttering, or putting off any such false
or counterfeit coin as aforesaid, knowing the same to be false
or counterifeit, shall be, guilty of a misdemeanor, and shall
be liable to imprisonment for any term not exceeding two
years.

(2). Every person who, having been so convicted of a
second offence, afterwards commits the like offence of
tendering, uttering, or putting off any such false or counterfeit
coin as aforesaid, knwing the same to be false or counterfeit.
shall be guilty of felony, and shall be liable to imprisonment
for life.

19. Every person who falsely makes or countfeits any
kind of coin, not being the King's current coin, but resem-
bling, or apparently intended to resemible 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 be guilty of a misdemeanor, and shall
be liable for the first offence to imprisonment without hard
labour for any term not exceeding one year, and for the
second offence to imprisonment for any term not exceeding
seven years.

20.-(1) Every person who, without lawful authority or
excuse has 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 is mentioned, in section 19,
shall, on conviction thereof before a magistrate, forfeit all
such false and counterfeit coin (which shall be cult in pieces
and destroyed by order of the magistrate) and shall be liable
to a fine not exceeding ten dollars for every such piece of
false and counterfeit coin which is found in his custody or
possession, one moiety of which shall go to the informer.

(2) In case any csuch penalty is not forthwith paid, it shall
be lawful for the magistrate to deal with the offender accord-
ing to the law relating to sumamry conviction.


As amended by Law Rev. Ord., 1923.


Miscellaneous.

21. Every person who, without lawful quthority or
excuse,-

(1) knowingly makes or mends, or begins or proceeds to
make or mend, or buys or sells, or has in his custody or
possession any puncheon, counter puncheon, matrix, stamps,
die, pattern, or mould, in or upon which there is or are made
or impressed, or which will make or impress, or which is
adapted and intended to make or impress the figure, stamp,
or apparent resemblance of both or either of the sides of
any of the King'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

(2) makes or mends, or begins or proceeds to make or
mend, or buys or sells, or has in his custody or possession
any edger, edging or other tool, collar, instrument, or engine
adapted and inteded 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

(3) makes or mends, or begins or proceeds to make or
mend, or buys or sell,s or has 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 of knowing such engine or machine to have been
used or to be intended to used for or in order to the false
making or counterfeiting of any such coin as is mentioned
int this section,

shall be guilty of felony, and shall be liable to imprisonment
for life.
[s.22, rep. No. 50 of 1911.]

23. Where, on the trial of any person chargesd with any
offence against this Ordinance, it is necessary to prove that
any coin produced in evidence against such person is false
or counterfeit, it shall not be necessary to prove the same to
be false and counterfeit by the evidence of any moneyer or
other officer of the mint, but it shall be sufficient to prove
the same to be false or counterfeit by the evidence of any
other credible witness.



















24. Every offence of falsely making or counterfeiting any
coin, or of buying, selling, receiving, paying, tendering,
uttering, or putting off, or of offering to buy, sell, receive,
pay, utter, or put off any false or counterfeit coin, against
the provisions of this Ordinance, 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,
may pot be in a fit state to be uttered or the counterfeiting
thereof may not be finished or perfected.

25.-(1) Whenever if appears to any justice of the peace,
upon the oath of any person, that there is reasonable cause
to suspect that any person has been concerned in counter-
feiting the King's current gold, silver, or copper coin or any,
such foreign or other coin as is mentioned in this Ordinance,
or has in his custody or possession or under his control, in
any building, vessel, or place, any such false or counterfeit,
coin, or any instrument, tool, or engine whatsoever adapted
and intended for the making or counterfeiting of any such
coin, or any other machine used or intended to be used for
making or counterfeiting any such coin, such justice of the
peace may, by his warrant directed to any police officer,
empower such officer, by day or by night,-

(a) to enter, and, if necessary, to break into, such
vessel, or place, and therein to search for and seize any such
false or counterfeit coin and such instrument, tool, or
and any such machine, as aforesaid; and

(b) to arrest every person, being in such building, vessel,
or place, who appears to have such coin, instrument, tool,
engine, or machine in his custody on or under his
control, and to bring every such person before a magistrate
to be dealt with according to law.

(2) All such false and colinterfeit coin, and all instruments,
tools, and engines adapted and intended for the making or
counterfeiting of coin, and all such machines as, aforesaid
shall, after they have been so seized, be carried before a
magistrate, who shall have power, whether any person is
charged with or convicted of any offence or not, to order the
forfeiture of such coin, instruments, tools, engines, and
machines as aforesaid and the delivery of the same either to
the Treasurer or to any person by him in writing
to receive the same.





26. It shall be lawful for any person whatsoever to
apprehend any person who may be found committing any
indictable offence against this Ordinance, and to convey or
deliver, him to some officer of police, in order to his being
conveyed as soon as reasonably may be, before a magistrate
to be dealt with according to law.
[s. 27, rep. No. 31 of 1911.]

28.-(1) In the case of any felony punishable under this
Ordinance every principal in the second degree, and every
accessory before the fact, shall be punishable in the same
manner as the principal in the first degree is by th is Ordi-
nance punishable.
(2) Every accessory after the fact to any felony punishable
under this Ordinance shall be liable to imprisonment for any
term not exceeding two years.

29. Where, any person, having been convicted of any
offence against this Ordinance, is afterwards indicted for
offence against this Ordinance committed subsequent to
such conviction, and on his trial for such subsequent offence
gives evidence of his good character, it shall be lawflil for
the Attorney General, in answer thereto, to give evidence or
the conviction of such person for the previous offence, before
any verdict is returned, and the jury shall inquire concern-
ing such previous conviction at the same time that they
inquire concerning such subsequent offence.
[ss. 30 and 31, rep. No. 30 of 1911.]

32.- (1)Whenever any person is convicted of any indict-
able misdemeanor punishable under this Ordinance, the
court may, in addition to or in lieu of any of the punishments
authorised by this Ordinance, fine the offender, and reqUire
him to enter into his own recognizances and, to find sureties,
both or either, for keeping the peace and being or good
bheaviour.

(2) In the case of any felony punishable under this Ordi-
nance the court may require the offender to enter into his
own recognizances and to find sureties, both or either, for
keeping the peace, in addition to any punishment authorised
by this Ordinance : Provided that no person shall be
imprisoned under this section for not finding sureties for any
term exceeding one year.
[33, rep. No. 50 of 1911.]

* As amended by Law Rev. Ord., 1923.

[Originally No. 10 of 1865. Law Rev. Ord., 1924.] Short title. Interpretation. 24 & 25 Vict.c. 99, s. 1. Counterfeiting King's gold or silver coin. 24 & 25 Vict.c. 99, s. 2. Colouring counterfeit coin or metal, with intent to make it pass for King's gold or silver coin. 24 & 25 Vict.c. 99, s. 3. Buying, etc., counterfeit King's gold or silver coin for less than its denomination. 24 & 25 Vict.c. 99, s. 6. Importing counterfeit King's gold or silver coin. 25 & 25 Vict.c. 99, s. 7. Exporting counterfeit King's coin. 24 & 25 Vict.c. 99, s. 8. Uttering counterfeit King's gold or silver coin. 24 & 25 Vict.c. 99, s. 9. Uttering counterfeit King's gold or silver coin, with circumstances of aggravation. 24 & 25 Vict.c. 99, s. 10. Having three pieces of counterfeit King's gold or silver coin, with intent. 24 & 25 Vict.c. 99, s. 11. Second offence of uttering, etc. 24 & 25 Vict.c. 99, s. 12. Uttering false coin, medal, etc., as gold or silver coin, with intent. 24 & 25 Vict.c. 99, s. 13. Counterfeiting, making, having tools for counterfeiting, and buying, etc. counterfeit, copper coin. 14 & 15 Vict.c. 99, s. 14. Uttering having in possession three counterfeit copper coins. 24 & 25 Vict.c. 29, s. 15. Counterfeiting foreign gold or silver coin. 24 & 25 Vict.c. 99, s. 18. Importing counterfeit foreign gold or silver coin. 24 & 25 Vict.c. 99, s. 19. Uttering counterfeit foreign gold or silver coin. 24 & 25 Vict.c. 99, s. 20. Uttering counterfeit foreign gold or silver coin, after previous conviction. 24 & 25 Vict.c. 99, s. 21. Counterfeiting foreign coin, other than gold or silver coin. 24 & 25 Vict.c. 99, s. 22. Having possession of more than five pieces of counterfeit foreign coin. 24 & 25 Vict.c. 99, s. 23. Making, mending or having possession of coining tool. 24 & 25 Vict.c. 99, s. 24. Proof of coin being counterfeit. 24 & 25 Vict.c. 99, s. 29. When counterfeiting, etc., to be deemed complete. 24 & 25 Vict.c. 99, s. 30. Power to issue search warrant for counterfeit coin or instrument for coining. Power to apprehend offenders. 24 & 25 Vict.c.99, s. 31. Principals in second degree and accessories. 24 & 25 Vict.c. 99, s. 35. Second or subsequent offence. 24 & 25 Vict.c. 99, s. 37. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 99, s. 38.

[Originally No. 10 of 1865. Law Rev. Ord., 1924.] Short title. Interpretation. 24 & 25 Vict.c. 99, s. 1. Counterfeiting King's gold or silver coin. 24 & 25 Vict.c. 99, s. 2. Colouring counterfeit coin or metal, with intent to make it pass for King's gold or silver coin. 24 & 25 Vict.c. 99, s. 3. Buying, etc., counterfeit King's gold or silver coin for less than its denomination. 24 & 25 Vict.c. 99, s. 6. Importing counterfeit King's gold or silver coin. 25 & 25 Vict.c. 99, s. 7. Exporting counterfeit King's coin. 24 & 25 Vict.c. 99, s. 8. Uttering counterfeit King's gold or silver coin. 24 & 25 Vict.c. 99, s. 9. Uttering counterfeit King's gold or silver coin, with circumstances of aggravation. 24 & 25 Vict.c. 99, s. 10. Having three pieces of counterfeit King's gold or silver coin, with intent. 24 & 25 Vict.c. 99, s. 11. Second offence of uttering, etc. 24 & 25 Vict.c. 99, s. 12. Uttering false coin, medal, etc., as gold or silver coin, with intent. 24 & 25 Vict.c. 99, s. 13. Counterfeiting, making, having tools for counterfeiting, and buying, etc. counterfeit, copper coin. 14 & 15 Vict.c. 99, s. 14. Uttering having in possession three counterfeit copper coins. 24 & 25 Vict.c. 29, s. 15. Counterfeiting foreign gold or silver coin. 24 & 25 Vict.c. 99, s. 18. Importing counterfeit foreign gold or silver coin. 24 & 25 Vict.c. 99, s. 19. Uttering counterfeit foreign gold or silver coin. 24 & 25 Vict.c. 99, s. 20. Uttering counterfeit foreign gold or silver coin, after previous conviction. 24 & 25 Vict.c. 99, s. 21. Counterfeiting foreign coin, other than gold or silver coin. 24 & 25 Vict.c. 99, s. 22. Having possession of more than five pieces of counterfeit foreign coin. 24 & 25 Vict.c. 99, s. 23. Making, mending or having possession of coining tool. 24 & 25 Vict.c. 99, s. 24. Proof of coin being counterfeit. 24 & 25 Vict.c. 99, s. 29. When counterfeiting, etc., to be deemed complete. 24 & 25 Vict.c. 99, s. 30. Power to issue search warrant for counterfeit coin or instrument for coining. Power to apprehend offenders. 24 & 25 Vict.c.99, s. 31. Principals in second degree and accessories. 24 & 25 Vict.c. 99, s. 35. Second or subsequent offence. 24 & 25 Vict.c. 99, s. 37. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 99, s. 38.

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