COINAGE OFFENCES ORDINANCE

COINAGE OFFENCES ORDINANCE

CHAPTER 204.

COINAGE OFFENCES.

To consolidate and amend the laws against offences relating to
coinage.

[20th October, 1865.]

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

2. (1) 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.

(2) 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.

Offences relating to gold and silver coin.

3. Any person who falsely 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. Any person who-

(a) 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 resemble or
pass for, any current gold or silver coin; or

(b) 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 current gold
or silver, coin; or

(c) 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

(d) 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 1 be liable to imprisonment for life.

5. Any 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 coin shall be guilty of
felony and shall be

liable to imprisonment for fourteen years. [4A





6. Any 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. [5

7. Any 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
fourteen years. [6

8.Any 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 counterfeit coin resembling, or apparently intended
to resemble or pass for, any current coin, knowing the
same to be false or counterfeit,shall be guilty of
felony and shall be liable to imprisonment for fourteen
years. [7

9.Any 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, shall be guilty
of a misdemeanor, and shall be liable to imprisonment for
three years. [8

10. Any 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, tittered or put off, any
other piece of false or counterfeit coin 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 guilty of a misdemeanor, and
shall be liable to imprisonment for four years. [9

11. Any 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 shall
be liable to imprisonment for three years. [10.

12.Any 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. [11

13. Any person who, with intent to defraud, tenders,
utters, or puts 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. shall be
liable to imprisonment for three years. [12

Offences relating to copper coin.

14. Any person who-

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

(b)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

(c) 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 or was apparently intended to
import; or

(d)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
copper coin, knowing the same to be false or
counterfeit,

shall be guilty of. felony, and shall be liable to imprison-
ment for seven years. [13

15. Any person who-

(a)tenders, utters, or puts off 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; or

(b) 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 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 be guilty of a misdemeanor, and shall be liable to
imprisonment for three years. [14

Miscellaneous.

16. Any person who, without lawful authority or

excuse-

(a) knowingly makes or mends, or begins or proceeds to
make or mend, or buys buys or sells, or has in his buys
custody or possession any puncheon, counter
puncheon, matrix, stamp, 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
current gold or silver coin, or any part or parts of both or
either of such sides; or

(b)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 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

(c) makes or mends, or begins or proceeds to make
or mend, or buys or sells, or has in his custody ot-
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 imprison'-
ment for life. [21

17. 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 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. [23

18. Any 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 not be in a fit state to be uttered or the counterfeit-
ing thereof may not be finished or perfected. [24

19. (1) Whenever it 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 counterfeiting current gold, silver, or
copper coin 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 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 any person, being in such building, vessel, or place,
who appears to have such coin, instrument, tool, engine, or
machine in' his custody or possession or under his control,
and to bring any 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 Accountant General
or to any person authorized by him in writing to receive the same. [25

20. It shall be lawful for any person whomsoever to apprehend any
person who may be found committing any indictable offence against
this Ordinance, and to convey or deliver him to some police officer, in
order to his being, conveyed as soon as reasonably may be before a
magistrate
to be dealt with according to law. [26





21. (1) In the case of any felony punishable tinder this
Ordinance, any principal in the second degree, and any
accessory before the fact, shall be punishable in the same
manner as the principal in the first degree is by this Ordinance
punishable.

(2) Any accessory after the fact to any felony
punishable under this Ordinance shall be liable To
imprisonment for two years. [28

(i) No piece of metal or mixed metals, not being money,
shall he made, issued or circulated in the Colony as a token for
money, or as purporting that the bearer or holder thereof is
entitled to demand any value denoted thereon, either by letters,
words, figures, marks or otherwise, whether such value is to be
paid or given in money, goods, fares or services, or in any
manner whatsoever.

(2) Any person who acts in contravention of this section shall
be liable on summary conviction to a fine of two hundred dollars.

23. Where any person, having been convicted of any
offence against this Ordinance other than an offence under
the preceding section, 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 concern-
ing such previous conviction at the same time that they
inquire concerning such subsequent offence. [29

24. (1) Whenever any person is convicted of any indictable
misdemeanor 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. [32





(2) In the case of any felony punishable under this
Ordinance 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
authorized by this Ordinance.

(3) No person shall be imprisoned under this section
for not finding sureties for any term exceeding one year.,
Originally 10 of 1865. Fraser 7 of 1865. 26 of 1935. Short title. Interpretation. 24 & 25 Vict. C. 99, s. 1. Counterfeiting gold or silver coin. 25 & 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. [s. 10 cont.] 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. Making mending or having possession of coining tool. 24 & 25 Vict. C. 99, s. 24. [s. 16 cont.] 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. Prohibition of tokens. 52 Geo. 3, c. 157, s. 1.. 57 Geo. 3, c. 46, s. 1. 33 & 34 Vict. C. 10, s. 5. 26 of 1935, ss. 2, 3. 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 10 of 1865. Fraser 7 of 1865. 26 of 1935. Short title. Interpretation. 24 & 25 Vict. C. 99, s. 1. Counterfeiting gold or silver coin. 25 & 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. [s. 10 cont.] 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. Making mending or having possession of coining tool. 24 & 25 Vict. C. 99, s. 24. [s. 16 cont.] 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. Prohibition of tokens. 52 Geo. 3, c. 157, s. 1.. 57 Geo. 3, c. 46, s. 1. 33 & 34 Vict. C. 10, s. 5. 26 of 1935, ss. 2, 3. 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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