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as in this Act 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 Search and intended to be used for making or counterfeiting any such coin, seizure. or any such filings, clippings, or bullion, or any such gold or silver in dust, solution or otherwise, as aforesaid,

it shall be lawful for any Justice of the Peace, 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 aforesaid, shall be found in any place so searched, -to cause the same to be seized, and carried forthwith before some Justice of the Peace;

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 be seized and carried before a Justice of the Peace,he shall, if necessary, cause the same to be secured for the purpose of being produced in evidence against any person who may be prosecuted for any offence against this Act:

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 forthwith be delivered up to the Colonial Treasurer, or to any person authorized by him to receive the same.

c. 99, s. 28.

28. Where any person shall tender, utter, or put off, any Venue. false or counterfeit coin in one district, or jurisdiction, and shall 24 and 25 Vict. also tender, utter, or put off, any other false or counterfeit coin (2 Will. IV. in any other district, or jurisdiction, either on the day of such c. 34, s. 15.) first-mentioned tendering, uttering, or putting off, or within the space of ten days next ensuing;

or where two or more persons, acting in concert in different districts, or jurisdictions, shall commit any offence against this Act;

Proof of coin being counterfeit.

24 and 25 Vict.

c. 99, s. 29.
(2 Will. IV.
c. 34, s. 17.)

When the

coin shall be

complete. Ib. s. 30.

every such offender may be dealt with, indicted, tried, and punished, and the offence laid and charged to have been committed, in any one of the said districts or jurisdictions, in the same manner in all respects, as if the offence had been, actually and wholly, committed within such one district or jurisdiction.

29. Where, upon the trial of any person charged with any offence against this Act, it shall be 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 Her Majesty's Mint; but it shall be sufficient, to prove the same to be false or counterfeit, by the evidence of any other credible witness.

30. Every offence of falsely making or counterfeiting any counterfeiting 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 Act, 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.

(2 Will. IV. c. 34, s. 3.)

Any person

may apprehend any

person committing an indictable

31. It shall be lawful for any person whatsoever, to appre hend any person who shall be found committing any indictable or other offence against this Act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to offence against his being conveyed, as soon as reasonably may be, before a Justice of the Peace, to be dealt with according to law.

this Act.

Ib. s. 31.

No certiorari, &c.

Ib. s. 32.

Proceedings against persons acting under this

32. No conviction for any offence punishable on summary conviction under this Act, shall be quashed for want of 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.

33. All actions and prosecutions to be commenced against any person, for anything done in pursuance of this Act, shall be commenced within six months after the fact committed, and not Act, when to otherwise,

be taken. Ib. s. 33.

Notice of action.

and notice in writing of such action, and of the cause thereof, shall be given to the defendant, one month at least before the commencement of the action; and in any such action, the

or issue.

defendant may plead the general issue, or general denial, and General denial give this Act and the special matter in evidence, at trial to any be had thereupon;

and no plaintiff shall recover in any such action, if tender of Tender of sufficient amends shall have been made before such action brought, amends, &c. or if a sufficient sum of money shall have 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';

in

every such case, the defendant shall recover his full costs, as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of the action.

in the second

34. In the case of every felony punishable under this Act, Punishment every principal in the second degree, and every accessory before of principal the fact, shall be punishable in the same manner as the principal degree, and in the first degree is by this Act punishable;

and every accessory after the fact to any felony punishable under this Act, shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour.

35. Where any person shall have been convicted of any offence against this Act, or any former Act relating to the coin, and shall afterwards be indicted for any offence against this Act, committed subsequent to such conviction;

it shall be sufficient in any such indictment, after charging such subsequent offence, to state the substance and effect only (omitting the formal part,) of the indictment and conviction for the previous offence,

and a certificate containing the substance and effect only (omitting the formal part,) of the indictment and conviction for the previous offence, purporting to be signed by the Registrar or Deputy Registrar, or Clerk of the Court, or other officer, having or purporting to have the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the previous conviction, without proof of the signature or official character or APP. 37

accessories. 24and 25 Vict.

C.

. 99, s. 35.

Evidence of

conviction for a previous offence.

Ib. s. 37.

When the previous conviction is to be

trial.

authority of the person appearing to have signed the same, or of his custody, or right to the custody, of the records of the Court: And the proceedings upon any indictment for committing any offence, after a previous conviction or convictions, shall be as proved on the follows; (that is to say,) the offender shall in the first instance be arraigned upon so much only of the indictment as charges the subsequent offence, and if he plead not guilty, or if the Court order a plea of not guilty to be entered on his behalf, the Jury shall be charged, in the first instance, to inquire concerning such subsequent offence only; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted, as alleged in the indictment, and if he answer that he had been so previously convicted, the Court may proceed to sentence him accordingly;

Summary proceedings in New Zealand

but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly to such question, the Jury shall then be charged to inquire concerning such previous conviction or convictions, and in such case it shall not be necessary to swear the Jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry:

Provided, that if upon the trial of any person for any such subsequent offence, such person shall give 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 or offences, before such verdict of guilty shall be returned, and the Jury shall inquire concerning such previous conviction or convictions, at the same time that they inquire concerning such subsequent offence.

36. [See General Clause (e), ante, p. 169.]
37. [See General Clause (a), ante, p. 168.]
38. [See General Clause (b), ante, p. 169.]

39. Every offence hereby made punishable on summary conviction, may be prosecuted in the manner directed by "The may be under Justices of the Peace Act, 1866," or in such other manner as "The Justices may be directed by any Act that may be passed for like purposes, of the Peace and all provisions contained in the said Act, or in any such Act, shall be applicable to such prosecutions in the same manner as if they were incorporated in this Act.(1)

Act, 1866."

(1) The proceedings in summary proceedings, under this Act are not, as in some of the other Acts, in any way different from the ordinary proceedings in the general Act of 1866.

40. This Act shall commence and take effect on the first day Commenceof November, one thousand eight hundred and sixty-seven.

ment of Act.

41. The Short Title of this Act shall be "The Coinage Short Title. Offences Act, 1867."

THE ACCESSORIES ACT, 1867.

An Act to consolidate and amend the Statute Law relating to Acces- Title. sories to, and Abettors of, Indictable Offences.

[10th October, 1867.]

AS TO ACCESSORIES BEFORE THE FACT.

1. Whosoever shall become an accessory before the fact to Trial and any felony-whether the same be a felony at common law or by punishment as virtue of any Act passed or to be passed;

may

principals.

24 and 25 Vict.

be indicted, tried, convicted, and punished in all respects c. 94, s. 1. as if he were a principal felon.

(11 & 12 Vict. c. 46, s. 1.) Indictable as such or as sub

stantive felons.

2. Whosoever shall counsel, procure, or command any other person to commit any felony-whether the same be a felony at common law or by virtue of any Act passed, or to be passed, Ib. s. 2. shall be guilty of felony; and may be indicted and convicted, (7 Geo. IV. either as an accessory before the fact to the principal felony, c. 64, s. 9.) together with the principal felon; or after the conviction of the principal felon ;

or may be indicted and convicted of a substantive felonywhether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice;—and may thereupon be punished in the same manner as any accessory Punishment. before the fact to the same felony, if convicted as an accessory may be punished. (1)

AS TO ACCESSORIES AFTER THE FACT.

such or as sub

3. Whosoever shall become an accessory after the fact to any Indictable as felony-whether the same be a felony at common law or by virtue of any Act passed or to be passed ;

may be indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon ; or after the conviction of the principal felon ;

() This section applies only when a felony has been committed. It is still a misdemeanour at common law, to solicit and incite a person to commit a felony, although no felony may be committed. (Reg. v. Gregory, 36 L. J., M. C., 60).

stantive felons. Ib. s. 3.

(11 & 12 Vict. c. 46, s. 2.)

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