CO129-192 - Governor Hennessy - 1881 [1-4] — Page 622

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counterfeit

Coin and Coin- ing Tools, for securing them as Evidence, and for ulti- mately dispos- ing of them.

What shall be

ORDINANCE No. 10. or 1865.

Coinage Offences,

terfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold, Silver, or Copper Coin, or any Coin of any Foreign Prince, State, or Country, or any Instrument, Tool, or Eugine whatsoever, adapted and intended for the counterfeiting of any such Coin, or any Filings, or Clippings, or any Gold or Silver Bullion, or any Gold or Silver in Dust, Solution, or otherwise, which shall have been produced or obtained by diminishing or lightening any of the Queen's current Gold or Silver Coin, it shall be lawful for the Person so finding or discovering, and he is hereby required to seize the same, and to carry the same forthwith before a Police Magistrate; and where it shall be proved on the Oath or Declaration of a credible Wit- ness before a l'olice Magistrate, that there is reasonable cause to suspect that any Ferson has been concerned in counterfeiting the Queen's current Gold, Silver, or Copper Coin, or any such Foreign or other Coin as in this Ordinance before mentioned, or has in his Custody or Possession 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 counterfeit- ing any such Coin, or any such Filings, Clippings, or Bullion, or any such Gold or Silver in Dust, Solution, or otherwise as afore- said, it shall be lawful for a Police Magistrate, by Warrant under his Hand, to cause any Place whatsoever belonging to or in the Occupation or under the Control of such suspected Person to be searched, either in the Day or in the Night, and if any such false or counterfeit Coin, or any such Instrument, Tool, or Engine, or any such Machine, or any such Filings, Clippings, or Bullion, or any such Gold or Silver in Dust, Solution, or otherwise as afore- said, shall be found in any Place so searched, to cause the saine to be seized and carried forthwith before a Police Magistrate; and whensoever any such false or counterfeit Coin, or any such Instrument, Tool, or Engine, or any such Machine, or any such Filings, Clippings, or Bullion, or any such Gold or Silver in Dust, Solution, or otherwise as aforesaid, shall in any Case whatsoever he seized and carried before a Police Magistrate, he shall, if necessary, cause the same to be secured for the Purpose of being produced in Evidence against auy Person who may be Prosecuted for any Offence against this Ordinance; and 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 and all such Filings, Clippings, and Bullion, and all such Gold and Silver in Dust, Solution, or otherwise as aforesaid, after they shall have been produced in Evidence, or when they shall have been seized, and shall not be required to be produced in Evidence, shall forth- with be delivered up to the Officers of the Mint, or to the Crown Solicitor, or to any Person authorized by them to receive the

sume.

XXVIII. Where, upon the Trial of any Person charged with sufficient Proof any Offence against this Ordinance, it shall be necessary to prove that any Coin produced in Evidence against such Person is false

of Coin being

counterfeit.

07

ORDINANCE No. 10. of 1865.

Coinage Offences.

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 Miut, but it shall be sufficient to prove the same to be false or counterfeit by the Evidence of any other credible Witness.

XXIX. Every Offence of falsely making or counterfeiting any Where the Coin, or of buying, selling, receiving, paying, tendering, uttering, counterfeiting or putting off, or of offering to buy, sell, receive, pay, utter, or Coin shall be put off, any false or counterfeit Coin, against the Provisions of complete. 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, shall not be in a fit State to be uttered, or the counterfeiting thereof shall not be finished or perfected.

Ordinance.

XXX. It shall be lawful for any Person whatsoever to appre- Any Person hend any Person who shall be found committing any indictabte may apprehend Offence against this Ordinance, and to convey or deliver him to Offenders some Constable or Officer of Police, in order to his being conveyed against this as soon as reasonably may be before a Police Magistrate or some other proper Officer, to be dealt with according to Law.

XXXI. No Conviction for any Offence punishable on summary No Certiorari, Conviction under this Ordinance shall be quashed for Want of &o. Form, or be removed by Certiorari into the Supreme Court; and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a valid Conviction to sustain the same.

XXXII. All Actions and Prosecutions to be commenced against Proceedings any Person for anything done in pursuance of this Ordinance against Persous shall be commenced within Six Months after the Fact committed, acting under

this Ordinance. and not otherwise; and Notice in Writing of such Action and of Notice of the Cause thereof shall be given to the Defendant One Month at Action. least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this General Issue. Ordinance and the special Matter in Evidence, at any Trial to

be had thereupon; and no Plaintiff shall recover in any such

Action if Tender of sufficient Amends shall bave been made before Tender of such Action brought, or if a safficiont Sum of Money shall have Amends, &c. been paid into Court after such Action brought, by or on behalf

of the Defendant; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shull recover his full Costs as between Attorney and Client, and have the like Remedy for the same as any Defendant bas by Law in other Cases; and though a Verdict shall be given for the Plein- tiff in any such Action, such Plaintiff shall not hare Costs against the Defendant unless the Judge before whom the Trial shall be, shall certify bis Approbation of the Action.

XXXIII. In the Case of every Felony punishable under this Punishment of Ordinance, every Principal in the Second Degree, and every Principal in Accessory before the Fact, shall be punishable in the same Manner the Second as the Principal in the First Degree is by this Ordinance punish- Degree and

able;

Accessories.