A variance between the indictment and the evidence in the number of the pieces of coin alleged to be counterfeited, is immaterial; but a variance as to the denomination of such coin, as guineas, sovereigns, shillings, would be fatal, unless amended. By the old law the counterfeit coin produced in evidence must have appeared to have that degree of resemblance to the real coin that it would be likely to be received as the coin for which it was intended to pass by persons using the caution customary in taking money. In R. vs. Varley, 1 East. P. C. 164, the defendant had counterfeited the resemblance of a half-guinea upon a piece of gold previously hammered, but it was not round, nor would it pass in the condition in which it then was, and the judges held that the offence was incomplete. So, in R. vs. Morris, 1 Leach 165, where the defendants were taken in the very act of coining shillings, but the shillings coined by them were taken in an imperfect state, it being requisite that they should undergo another process, namely inmersion in diluted aqua fortis, before they could pass as shillings, the judges held that the offence was incomplete; but now by sect. 32, of the Coin Act of 1869, the offence of counterfeiting shall be deemed complete although the coin made or counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.

Any credible witness may prove the coin to be counterfeit, and it is not necessary for this purpose to produce any moneyer or other officer from the mint. Sect. 30, infra. If it become a question whether the coin, which the counterfeit money was intended to imitate be current coin, it is not necessary to produce the Proclamation to prove its legitimation: it is a mere question of fact to be

left to the jury upon evidence of usage, reputation, &c. -Hale, 196, 212, 213. It is not necessary to prove that the counterfeit coin was uttered or attempted to be uttered. 1 East, P. C. 165; Archbold, 744; Reg. vs. Robinson, 10 Cox, 107; Reg. vs. Connell, 1 C. and K. 190; Reg. vs. Byrne, 6 Cox, 475.

By sect. 49, 32-33 Vict., ch. 29, if, upon the trial for any felony, it appears that the defendant did not complete the offence charged, but was only guilty of an attempt to commit the same, a verdict may be given of guilty of the attempt.

As to solitary confinement, see sect. 94, 32-33 Vict., ch. 29.

COLOURING, &C., COIN.

Sect. 3. Whosoever 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 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 gilds or with any wash or materials capable of producing the colour and 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 gilds or silvers, or with any wash or materials capable of producing the colour or appearance of gold or 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, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement.-Sect. 3, Imp. Act.

Indictment for colouring coin............ falsely, deceitfully and feloniously did gild a certain false and counterfeit coin resembling a certain piece of current gold coin, called a sovereign, against the form. .... Archbold, 746. Prove the gilding, &c. or colouring as stated in the indictment. Where the defendant was apprehended in the act of making counterfeit shillings, by steeping round blanks, composed of brass and silver in aqua fortis, none of which were finished, but exhibited the appearance of lead, though by rubbing they readily acquired the appearance of silver, and would pass current, it was doubted whether this was within the late Act, but the judges held the conviction to be right.-R. vs. Case, 1 Leach, 145. In another case a doubt was expressed whether an immersion of a mixture, composed of silver and base metal, into aqua fortis, which draws the silver to the surface, was a colouring within the repealed statutes, and whether they were not intended to apply only to a colouring produced by a

superficial application. R. vs. Lavey, 1 Leach, 153. But the words "capable of producing" seem to have been introduced into the recent Statute for the purpose of obviating the doubt. Moreover, the present Statute adds the general words "or by any means whatsoever." Where a wash or material is alleged to have been used by the defendant, it must be shown either from the application by the defendant, or from an examination of their properties, that they are capable of producing the colour of gold or silver. But an indictment charging the use of such material will be supported by proof of a colouring with gold itself. R. vs. Turner, 2 Mood. 41. Archbold, 746. Where direct evidence of the act of colouring cannot be obtained, circumstances may be shown from which the act may be presumed, as that the prisoner was in possession of false coin, and that blanks coloured and materials for colouring were found in his house.-1 Burn's Justice, 806.

.falsely,

Indictment for colouring metal, &c... deceitfully and feloniously did gild ten pieces of silver, each piece thereof being respectively of a fit size and figure to be coined, and with intent that each of the said pieces. of silver respectively should be coined into false and counterfeit coin resembling a piece of current gold coin, called a sovereign, against the form..... Archbold, 747.

An indictment charging the gilding of sixpences "with materials capable of producing the colour of gold " is good, and is supported by proof of colouring sixpences with gold.-R. vs. Turner, 2 Mood., 41.

IMPAIRING, &C., GOLD AND SILVER COIN.

Sect. 4.-Whosoever 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, is guilty of felony and shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement.-Sect. 4, Imp. Act.

Sect. 5.-Whosoever unlawfully has in his custody or possession any filings or clippings, or any gold or silver bullion, or any gold or silver in dust, solution or otherwise, which have been produced or obtained by impairing, diminishing, or lightening any current gold or silver coin, knowing the same to have been so produced or obtained, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding seven years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labor, and with or without solitary confinement 5, Imp. Act.

Sect.

Indictment.....ten pieces of current gold coin, called sovereigns, falsely, deceitfully and feloniously did impair with intent that each of the ten pieces so impaired might pass for a piece of current gold coin, called a sovereign, against the form..... Archbold, 748.

The act of impairing must be shown, either by direct evidence of persons who saw the prisoner engaged in it, or by presumptive evidence, such as the possession of filings and of impaired coin, or of instruments for filing, &c. The intent to pass off the impaired coin must then appear. This may may be done by showing that the prisoner attempted to pass the coin so impaired, or that he car