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Gold or Silver Coin; and to prevent the bringing into this
Realm, or uttering any counterfeit Foreign Gold or Silver
Coin.-[19th July 1797.]

WHEREAS the Commons of Great Britain, in Parliament assembled, No. LXXV. by their unanimous address to his Majesty, have requested that his Majesty would be graciously pleased to give directions that measures might 37 Geo. III. be taken for procuring an immediate supply of such copper coinage as might be best adapted to the payment of the laborious poor; and it is necessary

that so much of the provisions contained in an Act, passed in the fifteenth

year of the reign of his late Majesty King George the Second, intituled,

c. 126.

An Act for the more effectual preventing the counterfeiting of the Current 15 G. II. c. 28.

Coin of this Kingdom, and the uttering or paying false or counterfeit Coin, and

as relates to the copper monies of this realm commonly called an halfpenny

and a farthing; and also the provisions contained in an Act, passed in the

lating to cop

per money of this realm, to extend to all copper money ordered by proclamation

"eleventh year of his present Majesty's reign, intituled, An Act for the more 11 Geo. III, effectually preventing the counterfeiting the Copper Coin of this Realm; and c. 40. recited. 'all other provisions made by law concerning the copper monies of this realm commonly called an halfpenny and a farthing, should be extended to such copper money as may be coined and issued in pursuance of such ‹ address, and all other copper monies of this realm, which may be hereafter 'coined and issued by his Majesty's authority:' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the So much of passing of this Act, so much of the said Act, passed in the fifteenth year of first recited the reign of his late Majesty King George the Second, intituled, An Act for Act, as relates the more effectual preventing the counterfeiting of the Current Coin of this to halfpence Kingdom, and the uttering or paying false or counterfeit Coin, as relates to the and farthings, copper monies of this realm commonly called an halfpenny and a farthing; and the last reand also the said Act of the eleventh year of his Majesty's reign, intituled, all others recited Act, and An Act for the more effectually preventing the counterfeiting the Copper Coin of this Realm; and all and every other Acts and Act of Parliament concerning the copper monies of this realm commonly called an halfpenny and a farthing, or any other copper money of this realm, shall extend, and be construed, deemed, and taken to extend, to all such pieces of copper money as shall be coined and issued by order of his Majesty, his heirs and successors, and as shall, by his or their royal proclamation, be ordered to be deemed and taken as current money of this realm; and that all and every the provisions in such Acts, or any of them contained, shall extend, and be construed, deemed, and taken to extend, to all such other pieces of money as aforesaid, in such and the same manner as if such pieces had been particularly mentioned and described in such Acts respectively. II. And whereas the practice of counterfeiting foreign gold and silver Persons councoin, and the bringing into this realm, and uttering within the same, false terfeiting foand counterfeit foreign gold and silver coin, and particularly pieces of gold reign gold or coin commonly called Louis d'Or, and pieces of silver coin commonly silver coin 'called Dollars, hath of late greatly increased; and it is expedient that guilty of feloprovision should be made more effectually to prevent the same;' Be it ny, punishable enacted, That if any person or persons shall, from and after the passing of by seven years' this Act, make, coin, or counterfeit any kind of coin not the proper coin of tion. this realm, nor permitted to be current within the same, but resembling, or made with intent to resemble, or look like any gold or silver coin of any foreign prince, state, or country, or to pass such foreign coin, such person or persons offending therein, shall be deemed and adjudged to be guilty of felony, and may be transported for any term of years not exceeding seven years.

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to be taken as current mo

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transporta

III. And be it further enacted, That if any person or persons shall, from As also perand after the passing of this Act, bring into this realm any such false or sons bringing counterfeit coin as aforesaid, resembling, or made with intent to resemble it into the

or look like, any gold or silver coin of any foreign prince, state or country, realm, or pass

or to pass as such foreign coin, knowing the same to be false or counterfeit, ing it.

to the intent to utter the same within this realm, or within any dominions

No. LXXV. of the same, all and every such person or persons shall be deemed and ad37 Geo. III. judged to be guilty of felony, and may be transported for any term of years not exceeding seven years.

c. 126.

Penalty for tendering in payment such counterfeit coin; first of

fence six

months' impri

sonment; second offence two years; third offence

felony without

benefit of clergy.

Clerk of the

assize or of the peace to certify the conviction of any person for uttering counter

feit coin.

Penalty on

persons having

more than five pieces of coun

terfeit foreign coin, from 51.

to 40s. each

piece, or three months' impri

sonment.

suspected places for

counterfeit fo

IV. And be it further enacted, That if any person or persons shall, from and after the passing of this Act, utter or tender in payment, or give in exchange, or pay or put off to any person or persons, any such false or counterfeit coin as aforesaid, resembling, or made with intent to resemble or look like, any gold or silver coin of any foreign prince, state or country, or to pass as such foreign coin, knowing the same to be false or counterfeit, and shall be thereof convicted, every person so offending shall suffer six months' imprisonment, and find sureties for his or her good behaviour for six months more, to be computed from the end of the said first six months; and if the same person shall afterwards be convicted a second time for the like offence of uttering, or tendering in payment, or giving in exchange, or paying, or putting off, any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, such person shall, for such second offence, suffer two years' imprisonment, and find sureties for his or her good behaviour for two years more, to be computed from the end of the said first two years; and if the same person shall afterwards offend a third time, in uttering or tendering in payment, or giving in exchange, or paying, or putting off, any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, and shall be convicted of such third offence, he or she shall be adjudged to be guilty of felony, without benefit of clergy.

V. And be it further enacted, That if any person shall be convicted of uttering or tendering any such false or counterfeit coin as aforesaid, and shall afterwards be guilty of the like offence in any other county, city, or place, the clerk of the assize or clerk of the peace for the county, city, or place, where such former conviction shall have been had, shall, at the request of the prosecutor, or any other on his Majesty's behalf, certify the same by a transcript, in few words, containing the effect and tenor of such conviction; for which certificate two shillings and sixpence, and no more, shall be paid; and such certificate, being produced in Court, shall be suffi¬ cient proof of such former conviction.

VI, And be it further enacted, That if any person or persons shall have in his, her, or their custody, without lawful excuse, any greater number of pieces than five pieces, of false or counterfeit coin, of any kind or kinds, resembling, or made with intent to resemble or look like, any gold or silver coin or coins of any foreign prince, state or country, or to pass as such foreign coin, every such person, being thereof convicted upon the oath of one or more credible witness or witnesses, before one of his Majesty's justices of the peace, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces, and destroyed, by order of such justice, and shall, for every such offence, forfeit and pay any sum of money not exceeding five pounds nor less than forty shillings, for every such piece of false or counterfeit coin which shall be found in the custody of such person, one moiety to the informer or informers, and the other moiety to the poor of the parish where such offence shall be committed; and in case any such penalty shall not be forthwith paid, it shall be lawful for such justice to commit the person who shall be adjudged to pay the same to the common gaol, or house of correction, there to be kept to hard labour, for the space of three calendar months, or until such penalty shall be paid.

Justices may VII. And be it enacted, That it shall and may be lawful to and for any grant warrants one justice of the peace, on complaint made before him, upon the oath of for searching one credible person, that there is just cause to suspect that any one or more person or persons is or are, or hath or have been, concerned in making or counterfeiting any such false or counterfeit coin as aforesaid, resembling, or made with intent to resemble or look like, any gold or silver coin of any foreign prince, state, or country, or to pass as such foreign coin, by warrant under the hand of such justice, to cause the dwelling-house, room, workshop, outhouse, or other building, yard, garden, or other place, belonging to such suspected person or persons, or where any such person. or persons shall be suspected to carry on any such making or counterfeit

reign coin.

No. LXXV.

37 Geo. III. c. 126.

Such counter

ing, to be searched for any such false or counterfeit coin, or for tools or implements for coining such false or counterfeit coin, or for materials for making or coining the same; and if any such false or counterfeit coin, or any such tools or instruments, or any such materials for making any such false or counterfeit coin, shall be found in any place so searched, or if any such tools, implements, or materials, shall be found in the custody or pos- feit coin, and session of any person or persons whomsoever, not having the same by some lawful authority, it shall and may be lawful to and for any person or per- terials, may be tools, and masons whatsoever, discovering the same, to seize, and he and they are here- seized and carby authorized and required to seize, such false or counterfeit coin, tools, ried before a implements and materials, and to carry the same forthwith to a justice of Justice, who the peace of the county, city, or place, where the same shall be seized, shall secure who shall cause the same to be secured and produced in evidence against the same as any person or persons who shall or may be prosecuted for any of the evidence and offences aforesaid, in some Court of Justice proper for the determination to be afterthereof; and after such time as any such false or counterfeit coin, or any wards destroy, such tools, implements or materials, shall have been produced in evidence ed. as aforesaid, as well so much and such parts thereof as shall have been so produced, as every other part thereof so seized, and not made use of in evidence, shall forthwith, by order of the Court where such offender or offenders shall be tried, or by order of some justice of the peace, in case there shall be no such trial, be defaced or destroyed, or otherwise disposed of, as such Court or such justice shall direct,

VIII. And be it further enacted, That no proceedings to be had touching the conviction of any offender against this Act, before any justice of the peace, shall be quashed for want of form, or be removed by Writ of Certiorari, or any other writ or process whotsoever, into any of his Majesty's Courts of Record at Westminster,

No proceed. ings before a Justice to be quashed for

want of form, &c.

Limitation of

IX. And be it further enacted, That if any action or suit shall be brought or commenced against any person or persons for any thing done in pur- actions. suance of this Act, then and in every such case the said action or suit shall be commenced within three calendar months after the fact committed, and not afterwards, and shall be brought in the county or place where the cause of action shall arise, and not elsewhere; and the defendant or defendants in such action or suit so to be brought may plead the general issue, and give this Act and the special matter in evidence, at any trial to be General issue, had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear to be so done, or if any such action or suit shall be brought after the time before limited for bringing the same, or shall be brought in any other county or place as aforesaid, then and in every such case the jury shall find for the defendant or defendants; and if upon the trial a verdict shall pass for the defendant or defendants, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover

.

treble costs, and have the like remedy for the same as any defendant or Treble costs, defendants hath or have for costs of suit in other cases by Law,

[No. LXXVI.] 38 George III. c. 67.-An Act to prevent the Exportation of Base Coin to his Majesty's Colonies

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in the West Indies and America.-[21st June 1798.]

WHEREAS various base copper coins made to the resemblance and si- No. LXXVI. militude of the foreign copper coins, called Tempes and Sous 38 Geo. III,

Marques, have been exported from this kingdom to the island of Martinique in the West Indies, under the denomination of wrought copper: And whereas base coin made to the similitude and resemblance of the foreign gold and silver coins, called Johannes and Dollars, have been circulated in his Majesty's islands in the West Indies, and in other his Ma'jesty's colonies in America, to the great injury of the inhabitants of the said islands and colonies:' For preventing the like and similar evils in future, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com

c. 67.

Preamble,

Copper coin

coin, and coun

No.LXXVI. mons, in this present Parliament assembled, and by the authority of the same, 38 Geo. III. That all copper coin whatsoever, not being the legal copper coin of this kingdom, and all counterfeit gold or silver coin made to the similitude or rec. 67. semblance, or intended to resemble, any gold or silver coin, either of this kingdom or of any other country, which shall, under any pretence, name, or description whatsoever, be exported or shipped, or laden or put on board any ship, vessel, or boat, for the purpose of being exported from this kingdom to the said island of Martinique, or any of his Majesty's islands or colonies in the West Indies or America, shall be forfeited, and the same shall and may be seized, sued for, prosecuted, and recovered in such Courts, and by such and the like ways, means, and methods, and the produce thereof disposed of and applied in such and the like manner, and to such and the like uses and purposes, as any forfeiture incurred by any law respecting the revenue of the customs, may now be seized, sued for, prosecuted, or recovered, disposed of and applied, either in this kingdom, or in any of his Majesty's islands in the West Indies respectively, as the case may happen to be,

not being legal terfeit gold or silver coin, exported to Martinique, or any of his Majesty's colonies in the West Indies or America, or shipped for

that purpose,

may be seized. Penalty on persons ex

II. And be it further enacted, That every person who shall so export, or shall so ship, lay, or put on board any ship, vessel, or boat, in order to be so porting it, &c. exported, or shall cause or procure to be so exported, shipped, or put on board any ship, vessel, or boat, or shall have in his or her custody, in order to be so exported, any such coin as aforesaid, shall, for every such offence, forfeit the sum of two hundred pounds, and double the value of such coin, to be recovered by bill, suit, action, or information, in any of his Majesty's Courts of Record at Westminster,

Persons forging,&c. foreign

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[No. LXXVII.] 38 George III. c. 69.-An Act for allowing Gold Wares to be manufactured at a Standard lower than is now allowed by Law.-[21st June 1798.]

[No. LXXVIII.] 43 George III. c. 139.-An Act for preventing the Forging and Counterfeiting of Foreign Bills of Exchange, and of Foreign Promissory Notes and Orders for the Payment of Money; and for preventing the Counterfeiting of Foreign Copper Money.-11th August 1803.]

No.LXXVIII. WHEREAS the practice of forging and counterfeiting foreign bills of exchange, foreign promissory notes, and foreign orders for payment 43 Geo. III. ' of money, hath of late greatly increased, and plates of such bills, notes, c. 139. ' and orders, have been in some instances engraven within the United King'dom of Great Britain and Ireland, whereby such forgeries have been more easily committed; and it is expedient that effectual provision should be 'made for the preventing of the same:' May it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person from and after the passing of this Act shall within any part of the United Kingdom of Great Britain and bills of exIreland, falsely make, forge, or counterfeit, or cause or procure to be falsely change, &c. or made, forged or counterfeited, or knowingly aid or assist in the false uttering the same, guilty making, forging, or counterfeiting, any bill of exchange, or any promissory of felony, pu- note, undertaking, or order for the payment of money, purporting to nished by four- be the bill of exchange, promissory note, undertaking, or order for the teen years' payment of money, of any foreign prince, state or country whatsoever, or transporta- of any minister or officer entrusted by or employed in the service of any foreign prince, state, or country, or of any person, or company of persons resident in any foreign state or country, or of any body corporate and politick, and body in the nature of a body corporate and politick, created or constituted by any foreign prince or state, with intent to deceive or de

tion.

43 Geo. III.

c. 189.

fraud his Majesty, his heirs and successors, or any such foreign prince, state, No.LXXVIII. or country, or with intent to deceive or defraud any person or company of persons whomsoever, or any body corporate and politick, or body in the nature of a body corporate and politick whatsoever, whether the same be respectively resident, carrying on business, constituted or being in any part of the United Kingdom, or in any foreign state or country; and whether such bill of exchange, promissory note, or order be in the English language, or in any foreign language or languages, or partly in one and partly in the other; or if any person from and after the passing of this Act shall, within any part of the said United Kingdom, tender in payment or in exchange, or otherwise utter or publish as true, any such false, forged, or counterfeited bill of exchange, promissory note, undertaking, or order, knowing the same to be false, forged, or counterfeited, with intent to deceive or defraud his Majesty, his heirs and successors, or any foreign prince, state, or country, or any person or company of persons, or any body corporate and politick, or body in the nature of a body politick or corporate as aforesaid, then every person so offending shall be deemed and taken to be guilty of felony, and being thereof lawfully convicted, shall be transported for any term of years not exceeding fourteen years.

&c. without

rity-penalty

II. And be it further enacted, That no person, from and after the No person passing of this Act, shall, within any part of the United Kingdom of Great shall engrave Britain and Ireland, engrave, cut, etch, scrape, or by any other means or plates for fodevice, make or knowingly aid or assist in the engraving, cutting, etching, reign bills of scraping, or by any other means or device, making in or upon any plate exchange, &c. whatsoever, any bill of exchange, or any promissory note or undertaking, nor print them, or order for the payment of money, purporting to be the bill of exchange, written authopromissory note, undertaking, or order of any foreign prince, state, or country, or of any minister or officer entrusted by or employed in the ser- misdemeanor, vice of any foreign prince, state, or country, or of any person or company punishable by of persons, resident or being in any foreign state or country, or of any imprisonment, body corporate and politick, or body in the nature of a body corporate fiue, &c. and and politick, or constituted by any foreign prince or state, or any part of for the second any such bill of exchange, promissory note, undertaking, or order, without offence by an authority in writing for that purpose from such foreign prince, state, or fourteen years' country, minister or officer, person, company of persons, or body corporate transporta and politick, or body in the nature of a body corporate and politick, or tion, from some person duly authorized to give such authority; or shall within any part of the said United Kingdom, without such authority as aforesaid, by means of any such plate, or by any other device or means make or print any such foreign bill of exchange, promissory note, undertaking, or order for the payment of money, or any part thereof; or knowingly, wilfully, and without lawful excuse (the proof whereof shall lie upon the party accused), have in his or her custody, any such plate or device, or any impression taken from the same; and if any person shall offend in any of the cases aforesaid, he shall be deemed and taken to be guilty of a misdemeanor and breach of the peace, and being thereof convicted according to law, shall be liable for the first offence to be imprisoned for any time not exceeding six months, or to be fined, or to be publickly or privately whipped, or to suffer one or more of the said punishments, and for the second offence to be transported to any of his Majesty's colonies or plantations for the term of fourteen years: Provided always, that nothing in Act shall not this Act contained shall extend or be construed to extend in any manner alter laws in whatsoever to repeal or alter any law or statute now in force for the pre- force against vention and punishment of the crime of forgery in any respect whatso- forgery. ever within any part of the said United Kingdom.

III. And be it further enacted, That if any person from and after the Penalty on passing of this Act, shall within any part of the said United Kingdom make, counterfeiting coin or counterfeit any kind of coin not the proper coin of this realm, nor foreign copper coin, &c. misordered by the royal proclamation of his Majesty, his heirs or successors, to be deemed and taken as current money of this realm, or any part nishable by demeanor, puthereof, but resembling, or made with intent to resemble any copper coin, imprisonment, or any other coin made of any metal or mixed metals of less value than the and for second silver coin of such foreign prince, state, or country respectively, or to pass offence by

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