COINAGE OFFENCES ORDINANCE, 1865
Title
COINAGE OFFENCES ORDINANCE, 1865
Description
No. 7 of 1865.
To consolidate and amend the Laws against Offences relating to
the Coin. [20th October,1865.]
1.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 mixed metal,and 'the King's current
coin' includes any coin whether made of golds,silver,copper,
bronze,or muxed 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's dominions,
whether within this Colony or otherwise:
The expression 'false or counterfeit coin resembling,or ap-
parently 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
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, apart-
ment, 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 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.
4. Every person who-
(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 what-
soever resembling, or apparently intended to resemble or pass for,
any of the King's current gold or silver coin ; or
(2) gilds or silvers, or, with any wash or materialls 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 King's 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 this 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 of the King's current gold or
silver coin,knowing the same to be false or counterfeit,shall be
guilty of fwlony,and shall be liable to imprisonment for life.
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 this 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 2 years.
8.Every person who 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 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 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.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 resembling,or apparently intended
to resemble or pass for,any of the King's current gold or silver coin,
or,either on the day of such tendering,uttering,or putting off or
within the space of 10 days then next ensuing,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 gold
or silver coin,knowing the same to be false or counterfeit,shall
be guilty of a misdemenaor,and shall be liable to imprisonment
for any term not exceeding 2 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,sny of the King's cureent 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 3 years.
11.Every person who,having been convicted of any such mis-
demeanor as is mentioned in any of the last three sections 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 medal 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 medal 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 any term not exceeding one year.
Offences relating to the King's copper coin.
13.Every person who- (1)falsely makes ore counterfeits any coin resembling,or ap-
parently intended ro resemble or pass for,any of the King'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 puts off,or offers to buy,sell,
receive,pay,or put off,any false or counterfeit coin resemble,or
apparently intended to resemble or pass for,any of the King's
current copper 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
any term not exceeding 7 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 copper coin,knowing the same to be false or
counterfeit;or
(2)has in his custody or possession three or more pieces of
false or counterfeit coin resemble,or apparently intended to
resemble or pass for,any of the King's current copper coin,know-
ing 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 imprison-
ment 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 resemblinh
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 7 years.
16.Every person who,without lawfulk authority or excuse,brings
or receives into this Colony any such false or counterfeit coin resembling,or apparently intended to resemble or pass for,any
gold or silver coin of nay 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 7 years.
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 be liable to imprisonment for any term
not exceeding 6 months.
18.-(1)Every person who,having been so convicted as is
mentioned in the last section,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 counterfeit,shall
be guilty of a misdemeanor,and shall be liable to imprisonment for
any term not exceeding 2 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,know-
ing 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 counterfeits any kind of
coin,not being the King's current coin,but resembling,or ap-
parently intended to resemble or pass for,any copper coin or any
other coin made of any metal or mixed metals or 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 im-
prisonment without hard labour for any term not exceeding one
years,and for the second offence to imprisonment for any term not
exceeding 7 years.
20.-(1)Every person who,without lawful authority or excuse,
has in his custody or possession any greater number of pieces than
5 pieces of false or counterfeit coin resembling,or apparently in-
tended 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 the last sect6ion,shall,on conviction thereof before a
Magistrate,forfeit alll such false and counterfeit coin (which shall
be cut in pieces and destroyed by order of the Magistrate) and shall
for every such offence be liable to a fine not exceeding 10 dollars
for every such oiece 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 such penalty is not forthwith paid,it shall be
lawful for the Magistrate to deal with the offender according to the
law relating to summary conviction.
Miscellaneous offences relating to coin.
21.Every person who,without lawful authority or excuse,-
(1)knowingly makes or mends,or beings or proceeds to make
or mend,or buys or sells,or has in his custody or possession nay
puncheon,counter puncheon,matrix,stamp,die,pattern,or
mould,in or upon which there is or ate made or impresses,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
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 beings or proceeds to make or mend,
or buys or sells ,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 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 or any such coin as is mentioned
in this section,
shall be guilty of felony, and shall be liable to imprisonment for
life.
[s. 22, rep. No. 50 of 1911.]
Supplemental provisions.
23. Where, on the trial of any person charged with any offence
against this Ordinance, it is necessary to prove that any coin pro-
duced 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, uttering, or put-
ting off, or of offering to buy, sell, receive, pay, utter, or put off
any false or counterfeit coin, against the provisions of this Ordin-
ance, 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 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 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 posses-
sion or under his control, in any building, vessel, or place, any such
false or counterfeit coin, or any instrunient, tool, or engine whatso-
ever adapted and intended for the making or counterfeiting of any
such coin, or any other rnachine 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 any such instrument, tool, or engine, 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 costody or possession or under his control, and to
bring every such person before a Magistrate to be dealt with accord-
ing to law.
(2) All such false and counterfeit coin, and all instruments,
tools, and engines adapted and intended for the making or counter-
felting of coin, and all such machines as aforesaid shall, after thev
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 authorised 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, No. 31 of 1911.]
28.-(1) In the case of any felony punished under this Ordi-
nance, every principal in the second degree,and every accessory
before the fact, shall be punishable in the same manner as the prin-
cipal 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 2 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 Attorney General, 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, 31, rep. No. 30 of 1911.]
32-(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 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 of good behaviour.
(2) In the case of any felony punishable under this Ordinance
the Court may require the offender to enter into his own recogniz-
ances and to find sureties, both or either, for keeping the peace,
in addition to any punishment authorised by this Ordinance : Pro-
vided that no person shall be imprisored under this section for
not finding sureties for any period exceeding one year.
[s. 33,rep. No.50 of 1911.]
Short title. Interpretation of terms. [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. [ib.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. [ib.s.7.] Exporting counterfeit King's coin. [ib.s.8.] Uttering counterfeit King's gold or silver coin. [ib.s.9.] Uttering counterfeit King's gold or silver coin. with circumstances of aggravation. [ib.s.10.] Having three piece of counterfeit King's gold or silver coin, with intent. [24 & 25 Vict.c. 99 s. 11.] Second offence of uttering, etc. [ib.s. 12.] Uttering false coin, medal, etc. as gold or silver coin, with intent. [ib.s.13.] Counterfeiting, making: or having tools for counterfeit- ing: buying, etc., counterfeit copper coin. [24 & 25 Vict.c. 99 s.14.] Uttering, having in possession three counterfeit copper coins. [ib.s.15.] Counterfeiting foreign gold or silver coin. [ib.s.18.] Importing counterfeit foreign gold or silver coin. [ib.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. [ib.s.21.] Counterfeiting foreign coin, other than gold or silver coin. [ib.s.22.] Having possession of more than 5 pieces of counterfeit foreign coin. [ib.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. [ib.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. [ib.s.35.] Second or subsequent offence. [ib.s.37.] Fine and sureties for keeping the peace. [24 & 25 Vict.c. 99 s. 38.]
To consolidate and amend the Laws against Offences relating to
the Coin. [20th October,1865.]
1.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 mixed metal,and 'the King's current
coin' includes any coin whether made of golds,silver,copper,
bronze,or muxed 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's dominions,
whether within this Colony or otherwise:
The expression 'false or counterfeit coin resembling,or ap-
parently 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
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, apart-
ment, 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 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.
4. Every person who-
(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 what-
soever resembling, or apparently intended to resemble or pass for,
any of the King's current gold or silver coin ; or
(2) gilds or silvers, or, with any wash or materialls 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 King's 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 this 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 of the King's current gold or
silver coin,knowing the same to be false or counterfeit,shall be
guilty of fwlony,and shall be liable to imprisonment for life.
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 this 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 2 years.
8.Every person who 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 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 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.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 resembling,or apparently intended
to resemble or pass for,any of the King's current gold or silver coin,
or,either on the day of such tendering,uttering,or putting off or
within the space of 10 days then next ensuing,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 gold
or silver coin,knowing the same to be false or counterfeit,shall
be guilty of a misdemenaor,and shall be liable to imprisonment
for any term not exceeding 2 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,sny of the King's cureent 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 3 years.
11.Every person who,having been convicted of any such mis-
demeanor as is mentioned in any of the last three sections 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 medal 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 medal 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 any term not exceeding one year.
Offences relating to the King's copper coin.
13.Every person who- (1)falsely makes ore counterfeits any coin resembling,or ap-
parently intended ro resemble or pass for,any of the King'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 puts off,or offers to buy,sell,
receive,pay,or put off,any false or counterfeit coin resemble,or
apparently intended to resemble or pass for,any of the King's
current copper 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
any term not exceeding 7 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 copper coin,knowing the same to be false or
counterfeit;or
(2)has in his custody or possession three or more pieces of
false or counterfeit coin resemble,or apparently intended to
resemble or pass for,any of the King's current copper coin,know-
ing 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 imprison-
ment 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 resemblinh
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 7 years.
16.Every person who,without lawfulk authority or excuse,brings
or receives into this Colony any such false or counterfeit coin resembling,or apparently intended to resemble or pass for,any
gold or silver coin of nay 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 7 years.
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 be liable to imprisonment for any term
not exceeding 6 months.
18.-(1)Every person who,having been so convicted as is
mentioned in the last section,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 counterfeit,shall
be guilty of a misdemeanor,and shall be liable to imprisonment for
any term not exceeding 2 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,know-
ing 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 counterfeits any kind of
coin,not being the King's current coin,but resembling,or ap-
parently intended to resemble or pass for,any copper coin or any
other coin made of any metal or mixed metals or 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 im-
prisonment without hard labour for any term not exceeding one
years,and for the second offence to imprisonment for any term not
exceeding 7 years.
20.-(1)Every person who,without lawful authority or excuse,
has in his custody or possession any greater number of pieces than
5 pieces of false or counterfeit coin resembling,or apparently in-
tended 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 the last sect6ion,shall,on conviction thereof before a
Magistrate,forfeit alll such false and counterfeit coin (which shall
be cut in pieces and destroyed by order of the Magistrate) and shall
for every such offence be liable to a fine not exceeding 10 dollars
for every such oiece 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 such penalty is not forthwith paid,it shall be
lawful for the Magistrate to deal with the offender according to the
law relating to summary conviction.
Miscellaneous offences relating to coin.
21.Every person who,without lawful authority or excuse,-
(1)knowingly makes or mends,or beings or proceeds to make
or mend,or buys or sells,or has in his custody or possession nay
puncheon,counter puncheon,matrix,stamp,die,pattern,or
mould,in or upon which there is or ate made or impresses,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
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 beings or proceeds to make or mend,
or buys or sells ,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 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 or any such coin as is mentioned
in this section,
shall be guilty of felony, and shall be liable to imprisonment for
life.
[s. 22, rep. No. 50 of 1911.]
Supplemental provisions.
23. Where, on the trial of any person charged with any offence
against this Ordinance, it is necessary to prove that any coin pro-
duced 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, uttering, or put-
ting off, or of offering to buy, sell, receive, pay, utter, or put off
any false or counterfeit coin, against the provisions of this Ordin-
ance, 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 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 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 posses-
sion or under his control, in any building, vessel, or place, any such
false or counterfeit coin, or any instrunient, tool, or engine whatso-
ever adapted and intended for the making or counterfeiting of any
such coin, or any other rnachine 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 any such instrument, tool, or engine, 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 costody or possession or under his control, and to
bring every such person before a Magistrate to be dealt with accord-
ing to law.
(2) All such false and counterfeit coin, and all instruments,
tools, and engines adapted and intended for the making or counter-
felting of coin, and all such machines as aforesaid shall, after thev
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 authorised 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, No. 31 of 1911.]
28.-(1) In the case of any felony punished under this Ordi-
nance, every principal in the second degree,and every accessory
before the fact, shall be punishable in the same manner as the prin-
cipal 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 2 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 Attorney General, 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, 31, rep. No. 30 of 1911.]
32-(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 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 of good behaviour.
(2) In the case of any felony punishable under this Ordinance
the Court may require the offender to enter into his own recogniz-
ances and to find sureties, both or either, for keeping the peace,
in addition to any punishment authorised by this Ordinance : Pro-
vided that no person shall be imprisored under this section for
not finding sureties for any period exceeding one year.
[s. 33,rep. No.50 of 1911.]
Short title. Interpretation of terms. [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. [ib.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. [ib.s.7.] Exporting counterfeit King's coin. [ib.s.8.] Uttering counterfeit King's gold or silver coin. [ib.s.9.] Uttering counterfeit King's gold or silver coin. with circumstances of aggravation. [ib.s.10.] Having three piece of counterfeit King's gold or silver coin, with intent. [24 & 25 Vict.c. 99 s. 11.] Second offence of uttering, etc. [ib.s. 12.] Uttering false coin, medal, etc. as gold or silver coin, with intent. [ib.s.13.] Counterfeiting, making: or having tools for counterfeit- ing: buying, etc., counterfeit copper coin. [24 & 25 Vict.c. 99 s.14.] Uttering, having in possession three counterfeit copper coins. [ib.s.15.] Counterfeiting foreign gold or silver coin. [ib.s.18.] Importing counterfeit foreign gold or silver coin. [ib.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. [ib.s.21.] Counterfeiting foreign coin, other than gold or silver coin. [ib.s.22.] Having possession of more than 5 pieces of counterfeit foreign coin. [ib.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. [ib.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. [ib.s.35.] Second or subsequent offence. [ib.s.37.] Fine and sureties for keeping the peace. [24 & 25 Vict.c. 99 s. 38.]
Abstract
Short title. Interpretation of terms. [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. [ib.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. [ib.s.7.] Exporting counterfeit King's coin. [ib.s.8.] Uttering counterfeit King's gold or silver coin. [ib.s.9.] Uttering counterfeit King's gold or silver coin. with circumstances of aggravation. [ib.s.10.] Having three piece of counterfeit King's gold or silver coin, with intent. [24 & 25 Vict.c. 99 s. 11.] Second offence of uttering, etc. [ib.s. 12.] Uttering false coin, medal, etc. as gold or silver coin, with intent. [ib.s.13.] Counterfeiting, making: or having tools for counterfeit- ing: buying, etc., counterfeit copper coin. [24 & 25 Vict.c. 99 s.14.] Uttering, having in possession three counterfeit copper coins. [ib.s.15.] Counterfeiting foreign gold or silver coin. [ib.s.18.] Importing counterfeit foreign gold or silver coin. [ib.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. [ib.s.21.] Counterfeiting foreign coin, other than gold or silver coin. [ib.s.22.] Having possession of more than 5 pieces of counterfeit foreign coin. [ib.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. [ib.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. [ib.s.35.] Second or subsequent offence. [ib.s.37.] Fine and sureties for keeping the peace. [24 & 25 Vict.c. 99 s. 38.]
Identifier
https://oelawhk.lib.hku.hk/items/show/779
Edition
1912
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 7 of 1865
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COINAGE OFFENCES ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed February 21, 2025, https://oelawhk.lib.hku.hk/items/show/779.
