COINAGE OFFENCES ORDINANCE, 1865

COINAGE OFFENCES ORDINANCE, 1865

No. 7 of 1865.

An Ordinance to consolidate and amend the laws against
offences relating to coinage.

[2oth October, 1865.]

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

2. In this. Ordinance,

' Current gold and silver coin ' includes any gold or silver
coin, and 'copper coin' includes any coin of any metal or mixed
metal (not being a gold or silver coin) and ' current coin '
includes any coin 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's
dominions, whether within this Colony or otherwise, or lawfully
current in any foreign country.

' False or counterfeit coin resembling, or apparently
intended to resemble or pass for, any 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 current coin of a higher denomination.

Where the having any matter in the custody or possession
of any person 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 building, lodging, apartment, field, or other place, open
or enclosed, whether belonging to or occupied by himself or
not, and whether such matter is so had for his own use or benefit.
or for that of any other person.

Any offence punishable as a misdencanor under this Ordinance
is a 'crime' within the meaning of No. 5 of 1923 [Police Supervision].
As amended by No. 20 of 1936 [15.5.36].





Offences relating to gold and silver coin.

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

4. Every person who-

(i) 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 ~Lpparently intended to resemble
or pass for, any 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, anv
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 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 current silver
coin, or files or in any manner alters such coin, with intent to
make the same resemble or pass for any 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
current copper coin, or files or in any manner alters such coin,
with intent to make the same resemble or pass for any current
gold or silver coin,

shall be guilty of felony, and shall be liable to imprisonment
for life.

4A. Every person who impairs, diminishes, or lightens any
current gold or silver coin, with intent that the coin so impaired,
diminished.or lightened may pass for current gold or silver

t As amended hy No. 20 of 1936 [15.5.361





coin shall be guilty of felony and shall be liable to imprisonment
for any term not exceeding fourteen years.

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 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 seas, or
from any part of China, any false or counterfeit coin resembling,
or apparently intended to resemble or pass for, any current gold
or silver coin, knowing the same to be false or counterfeit, shall
be guilty of felony, and shall be liable to imprisonment for any
term not exceeding fourteen years.

7. Every person who, without lawful authority or excuse,
exports or puts on board any ship, vessel, or boat, for the-
purpose of being exported from the Colony, any false or counter-
feit coin resembling, or apparently intended to resemble, or pass
for, anyrurrent coin, knowing the same to be false or counterfeit,
shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding fourteen yeafs.

8. Every person who tenders,. utters, or puts off any false
or counterfeit coin resemblin-, or apparently intenjed to
resemble or pass for, any current gold or silver Coin, knowing
the same to be false o~ counterfeit, sliallbe guilty of a mis-
demeanor, and shall be liable to imprisonment for any term no t
exceeding three years.

9. Every person who tenders, utters, or puts off any false
or counterfeit coin resembling, or apparently intended to
resemble or pass for, any 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 counterfeit coin so tendered,.
uttered or put off, any other piece of false or counterfeit coin

t As amended by No. 20 of 1936 [15.5.361.
As amended by No. 43 of 1936 [27.11.36].





resembling, or apparently intended to resemble or pass for, any
current gold or silver coin, or, either on the day of such
tendering, uttering, or putting off or within the space of ten
days then next ensuing, tenders, utters, or puts off any false
or counterfeit coin resembling, or apparently intended to
resemble or pass for, any current gold or silver coin, knowing
the same. to be false or counterfeit, shall be guiltv of a mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding four years.

10. Every person who 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 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 sliall 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 sections 8, 9 or io, or of any
felony against this Ordinance, afterwards commits any of the
rnisderncanors mentioned in any of the said sections shall be
guilty of felony, and shall be Iliable to imprisonment for life.

12. Every person who, with intent to defraud, tenders,
utters, or pu~s off as or for any 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, resembling 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 shdll be liable to imprisonment for any term not exceeding
three years.

Offences relating to copper coin.

13. Every person who-

(i) falsely makes or counterfeits any coin resembling, or
apparently intended to resemble or pass for, any current copper
coin; or

t As amended by No. 20 of 19,36 [15.5.361.
As amended by No. 6 of 1936 [31.1.361.
As amended by No. 43 of 1936 [27.11.361..





(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 current
copper coin ; or

(3) 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
current copper coin, at or for a lower rate, or value than the
same imports or was apparently intended to import; or

(4) without lawful authority or excusc, imports or receives
into the Colony from beyond the seas, or from any part of
China, any false or counterfeit coin resembling, or apparently
intended to resemble or pass for, any current copper coin,
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 years.

14. Every person who--

(i) tenders, utters, or puts off any false or counterfeit coin
resemblin , or apparently intended to resemble or pass for, any
current copper coin, knowing the sarne to be false or counterfeit;
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, an v current. copper coin, knowing the
same to be false or counterfeit, and with intent to utter or put
off the same or any of them,

shall he guilty of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding three years.

[ss. 15, 16, 17, iS, ig and 20, rep. No. 20 Of 1936.]

Miscellaneous.

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

(i) knowingly makes or mends, or begins or proceeds to
make or mend, or buys or sells, or has in his custody or

As amended by No. 20 of 1936 [15.5.36].
As amended by No. 6 of 1936 [31.1.36].
As amended by No. 43 of 19,36 [27.11.36].





possession any puncheon, counter puncheon, matrix, stamp, die, pattern, or
mould, in or upon which th~re is or are made or impressed, or which will make
or impress, or which is adarited and intended to make or impress the fi-ure,
stamp, or apparent resemblance 'of both or either of the sides of any current
gold or silver coin, or any part or parts of both or either of such sides ; or

(2) makes or mendb, or begins or proceeds to make or mend, or buvs or
sells, ol. has in his custody or possession any edger, edging or other tool,
collar, instrument, or engine adapted and intended 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
sells, or has in this 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 or knowing
such engine or machine to have. been used or to be intended to be used for
or in order to the false making or counterfeiting of any such coin as is
mentioned in this section,

shall be guilty of felony, and shall be liable to imprisonment for life.

[5. 22, rep. No. So of 1911.]

23. Where, on the trial of any person charged 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 e
false and counterfeit by the evidence of any moneyer or other
officer of the mint, but it shall be 1 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,

As amended by No. 20 of 1936 [15.5.36].





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 not be in a fit state to be uttered or the
counterfeiting thereof may not be finished or perfected.

25-(1) Whenever it appear 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 counterfeiting
current gold, silver, or copper coin or has in his custody or
possession or tinder his control, in any building, vessel or place,
any such false or counterfeit coin, or any instrument, tool, or
engine whatsoever adapted and intended fur 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 building,
vessel, or place, and therein to search for and seize any such false or
counterfeit coin and such instrument, tool, or engine, and any such
machine as aforesaid; and

(b) to arrest every person, being in such building, vessel, or plate,
who appears to have such coin, instrument, tool, engine, or machine
in his custody or possession 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 counterfeit 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 authorized by him in writing to receive the
same.

As amended by No. 20 of 1936 [15.5.36].





26. It shall be lawful for any person whomsoever to appre-
hend 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 this Ordinance,
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 any 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 lawful for the prosecutor,
in answer thereto, to give evidence of the conviction of such
person for the previous offence, before any verdict is returned,
and the jury shall inquire concerning 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 miselcilicanor punishable under this Ordinance, the court
may, in addition to or in lieu of any of the punishments
authorized 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 of good
behaviour.

(2) In the case of any felony punishable under this
Ordinance the court may require. the offender to enter into his

As amended by Law Rev. Ord., 1937.
own recognizances and to find sureties, both or either, for
keeping the peace, in addition to any punishment authorized by
this Ordinance: Provided that no person shall be imprisoned
under this section for not finding sureties for any term exceeding
one year.

[s. 33, rep. No. 50 of 1911.]
[Originally No. 10 of 1865. No. 6 of 1936. No. 20 of 1936. No. 43 of 1936. Law Rev. Ord. 1937]. Short title. Interpretation. 24 & 25 Vict. C. 99, s. 1. Counterfeiting gold or silver coin. 24 & 25 Vict. C. 99, s. 2. Colouring counterfeit coin or metal, with intent to make it pass for gold or silver coin. 24 & 25 Vict. C. 99, s. 3. Impairing or lightening gold or silver coin. with intent. 24 & 25 Vict. C. 99, s. 4. Buying, etc., counterfeit gold or silver coin for less than its denomination. 24 & 25 Vict. C. 99, s. 6. Importing counterfeit gold or silver coin. 24 & 25 Vict. C. 99, s. 7. Exporting counterfeit coin. 24 & 25 Vict. c. 99, s. 8. Uttering counterfeit gold or silver coin. 24 & 25 Vict. c. 99, s. 9. Uttering counterfeit gold or silver coin, with circumstances of aggravation. 24 & 25 Vict. c. 99, s. 10. Having three pieces of counterfeit 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 coin, medal, etc., of less value for 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. 24 & 25 Vict. C. 99, s. 14. Uttering, having in possession three counterfeit copper coins. 24 & 25 Vict. C. 99, s. 15. [15.5.36.] 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. [17.5.29.]

[Originally No. 10 of 1865. No. 6 of 1936. No. 20 of 1936. No. 43 of 1936. Law Rev. Ord. 1937]. Short title. Interpretation. 24 & 25 Vict. C. 99, s. 1. Counterfeiting gold or silver coin. 24 & 25 Vict. C. 99, s. 2. Colouring counterfeit coin or metal, with intent to make it pass for gold or silver coin. 24 & 25 Vict. C. 99, s. 3. Impairing or lightening gold or silver coin. with intent. 24 & 25 Vict. C. 99, s. 4. Buying, etc., counterfeit gold or silver coin for less than its denomination. 24 & 25 Vict. C. 99, s. 6. Importing counterfeit gold or silver coin. 24 & 25 Vict. C. 99, s. 7. Exporting counterfeit coin. 24 & 25 Vict. c. 99, s. 8. Uttering counterfeit gold or silver coin. 24 & 25 Vict. c. 99, s. 9. Uttering counterfeit gold or silver coin, with circumstances of aggravation. 24 & 25 Vict. c. 99, s. 10. Having three pieces of counterfeit 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 coin, medal, etc., of less value for 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. 24 & 25 Vict. C. 99, s. 14. Uttering, having in possession three counterfeit copper coins. 24 & 25 Vict. C. 99, s. 15. [15.5.36.] 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. [17.5.29.]

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