Odger's English Common Law

COINAGE AND BANKRUPTCY OFFENCES. 377
counterfeit, or to he in possession of three or more counter-
feit copper coins with intent to utter any of them, is a
misdemeanour punishable with imprisonment for one year. 1
Again, it is a misdemeanour, punishable with penal servitude
for five years, to have in one's possession three or more
counterfeit gold or silver coins of the realm, knowing them
to be counterfeit, and intending to utter any of them. 2 But
where a prisoner, convicted of this offence, has previously been
convicted of uttering or of any felony relating to coin, he
can be sent to penal servitude for life. 3
There are in addition to the above many other coinage
offences falling within the statute, such as colouring, 4
impairing 5 or defacing coin ; buying or selling, 7 importing
or exporting 8 counterfeit coin without lawful authority ; and
making, mending, buying, selling or having in custody any
coining instruments or apparatus. 9
In the latter case, which
is punishable with penal servitude for life, 10 the prosecution
need not prove that the prisoner had any immediate intention
of using such instruments. 11
It is also specially provided
that all counterfeit coin and all tools and ingredients used
in making counterfeit coin shall be seized, and ultimately
delivered over to the officers of the Mint— and this, whether
'
1 2
the prisoner is acquitted or convicted.
Bankruptcy Offences.
It is also necessary briefly to allude here to offences against
the bankruptcy laws committed by an insolvent debtor. The
main object of our bankruptcy laws is to secure that the whole
of the debtor's assets should be fairly distributed amongst his
1 Coinage Offences Act, 1861 (24 & 25 Vict. c. 99), s. 15.
2 lb. s. 11. As to copper coins see s. 15 ; as to foreign gold and silver coins see s. 23.
» lb. s. 12.
< lb. s. 3.
6 lb. s. 4.
e lb. s. 16.
7 lb. ss. 6, 14.
8 lb. ss. 7, 8, 19.
» lb. s. 24.
10 Unless the instruments, fee, are designed for coining copper coins only, when
the maximum punishment will be seven years' penal servitude.
J1 B. v. Harvey (1871), L. K. 1 C. C. R. 281.
12 24 & 25 Vict. c. 99, s. 27.