No.LXXVIII, as such foreign coin, then every person so offending shall be deemed and taken to be guilty of a misdemeanor and breach of the peace, and being thereof convicted according to law, shall for the first offence be imprisoned for any time not exceeding one year, and for the second offence be transported to any of his Majesty's colonies or plantations for the term of seven years.

43 Geo. III. c. 139.

seven years' transportation. Persons indicted shall

IV. And be it further enacted, That no person against whom any bill of indictment shall be found at any assizes or sessions of the peace for any offence against this Act shall be entitled to traverse the same to any subnot be allowed sequent assizes or sessions, but the Court at which such bill of indictment shall be found shall forthwith proceed to try the person or persons against whom the same shall be found, unless he or they shall shew good cause, to be allowed by the Court, why his, her, or their trial should be postponed.

to traverse to a subsequent assizes, &c.

Certificates of former convictions shall be evidence on trial for second offences.

Penalty on

orthree months

V. And be it further enacted, That if any person shall be convicted of any offence against this Act, and shall afterwards be guilty of the like offence in any other county, city, town, or place, the clerk of the assize, clerk of the peace, or town clerk, for the county, city, town, 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, and the hand-writing of such clerk of assize, clerk of the peace, or town clerk thereto being proved shall be sufficient evidence of such former conviction.

VI. And be it further enacted, That if any person or persons shall have persons having in his, her, or their custody, without lawful excuse, any greater number more than five of pieces than five pieces of false or counterfeit coin of any kind or kinds pieces of such resembling or made with intent to resemble any such copper or other coin counterfeit as aforesaid, every such person, being thereof convicted upon the oath of foreign coin in one or more credible witness or witnesses before one of his Majesty's justheir possestices of the peace, shall forfeit and lose all such false and counterfeit coin, sion, 40s. to which shall be cut in pieces and destroyed by order of such justice, and 10s. per piece, shall for every such offence forfeit and pay any sum of money not exceedimprisonment. ing forty shillings nor less than ten 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 any such justice to commit the person who shall have been 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. Houses of susVII. And be it further enacted, That it shall and may be lawful to and pected persons for any one justice of the peace, on complaint made before him upon may be search- the oath of 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 counterfeited foreign coin as aforesaid, 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 counterfeiting, to be searched for any such false or counterfeit coin, or for tools or implements for coining such false or counterfeit coins, or for materials for making or coining the same; and if any such false or counterfeit coin, or any such tools or implements, 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 possession 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 persons whatsoever discovering the same to seize and he and they are hereby authorized and required to seize such false or counterfeit coin, tools, implements, and materials, and to carry the same forthwith to a justice of the peace of the county, city, town, or place where the same shall be seized, who shall cause the same to be secured, and prc

ed, and counterfeit coin, seized, &c.

c. 139.

duced in evidence against any person or persons who shall or may be pro- No.LXXVIII. secuted for any of the offences aforesaid, in some Court of justice proper 43 Geo. III. for the determination thereof; and after such time as any such false or counterfeit coin, or any such tools, implements, or materials shall have been produced in evidence 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 whatsoever, into any of his Majesty's Courts of Record at Westminster or Dublin. 'Limitation of actions for matters done under this Act, three months.— 'Venue, where cause of action arises.-General Issue.-Treble Costs, § 9.?

[No. LXXIX.] 44 George III. c. 71.-An Act to prevent the Counterfeiting of Silver Coin issued by the Governor and Company of the Bank of England, called Dollars, and Silver Coin which may be issued by the Governor and Company of the Bank of Ireland, called Tokens; and to prevent the bringing into the United Kingdom, or uttering, any Counterfeit Dollars or Tokens.-[10th July 1804.]

[No. LXXX.] 45 George III. c. 42.-An Act to extend the Provisions of an Act made in the last Session of Parlia ment for preventing the Counterfeiting of certain Silver Coin issued by the Banks of England and Ireland respectively, to Silver Pieces which may be issued by the Go vernor and Company of the Bank of Ireland, called Tokens; and to promote the Circulation of the said Tokens.—[17th May 1805.]

[No. LXXXI.] 48 George III. c. 31.-An Act to extend the Provisions of an Act, made in the forty-fifth Year of his present Majesty's Reign for preventing the Counterfeiting of certain Silver Tokens, to certain other Tokens, which may be issued by the Governor and Company of the Bank of Ireland, and to promote the Circulation of the said last-mentioned Tokens.-[14th April 1808.] ·

[No. LXXXII.] 57 George III. c. 46. An Act to prevent the issuing and circulating of Pieces of Copper or other Metal, usually called Tokens.-[27th June 1817.]

Proceedings shall not be quashed for want of form,

&c.

57 Geo. III.

c. 46.

WHEREAS various pieces of copper, and mixed metals composed in part No. LXXXII. of copper, usually denominated tokens, have lately been and are issued and circulated by persons residing in various parts of the United Kingdom, in great quantities, as money, and for a nominal value of the metals of which they are composed: And whereas it is expedient that the further making and issuing of such tokens should be prohibited, and that the circulation of those already made or issued should also be prohibited after a limited period: May it therefore please your Majesty that it may be enacted; and

c. 46.

No copper

tokens to be made,

No. LXXXII. be it enacted by the King's most excellent Majesty, by and with the ad57 Geo. III. vice 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 passing of this Act no piece of copper, or mixed metal composed in part of copper, of whatever value the same may be, shall be made or manufactured or originally issued as a token for money, or as purporting that the bearer or holder thereof is entitled to demand any value denoted thereon, either by letters, words, figures, marks, or otherwise, whether such value is to be paid or given in money or goods, or in any manner whatsoever; and every person who shall, after the passing of this Act, make or manufacture or originally issue, or cause or procure to be made, manufactured, or originally issued, or permit or suffer to be issued, on his or her behalf, as for nominal value in money or goods, any such token, shall for every token so made, manufactured, or issued, or procured or permitted to be so made, manufactured, or issued as aforesaid, forfeit any sum not less than one pound nor more than five, at the discretion of the justice or justices of the peace who shall hear and determine such offence.

or issued,

or circulated,

II. And be it further enacted, That from and after the first day of January one thousand eight hundred and eighteen, no piece of copper, or of any mixed metal composed partly of copper, of whatever value the same may be, shall pass or circulate as a token for money, or as purporting that the bearer or holder thereof is entitled to demand any value denoted thereon, either by letters, words, figures, marks, or otherwise, whether such value is to be paid or given in money or goods or other value, or in any manner whatsoever; and every person who shall, after the said first of January one thousand eight hundred and eighteen, circulate or pass, as for any nominal value in money or goods, any such token, shall for every such token so circulated or passed, whether such person shall be or have been concerned in the original issuing or circulation of any such token, or only the bearer or holder thereof for the time being, forfeit any sum not less than two shillings nor more than ten shillings, at the discretion of the justice or justices of the peace who shall hear and determine such offence; provided that nothing in this Act contained shall extend or be construed to extend to prevent any person from presenting any such token for payment to the original issuer thereof, or to discharge or excuse any such original issuer from his liability to pay the same: Provided always, that nothing in this Act contained shallbe construed as affecting any tokens which have been or may be issued by the Bank of England.

III. And whereas certain tokens made of copper or of a mixed metal composed partly of copper, and bearing the superscription Sheffield Penny 'Token,' were issued from time to time during the years one thousand eight hundred and twelve, one thousand eight hundred and thirteen, one thousand eight hundred and fourteen, and one thousand eight hundred and fifteen, by the overseers of the poor of the township of Sheffield, in the county of York: And whereas the immediate suppression of the circulation of the aforesaid tokens would be attended with great loss to the said township of Sheffield, and to the holders thereof, who are for the most part labourers and mechanics, as well as with great inconvenience to the inhabitants of the town of Sheffield, and the neighbourhood thereof; Be it further enacted, That nothing in this Act contained shall be construed to prevent such tokens as aforesaid from being passed and circulated at any time previous to the twenty-fifth day of March which will be in the year of our Lord one thousand eight hundred and twenty-three: Provided always, that from and after the said twenty-fifth day of March one thousand eight hundred and twenty-three, all and every the provisions of this Act shall be construed to prevent such tokens as aforesaid from being passed and circulated.

IV. And be it further enacted, That in case any token or tokens made of copper, or of a mixed metal composed partly of copper, with the superscription Sheffield Penny Token, and which has or have been issued by the overseers of the poor of the township of Sheffield at any time previous to the passing of this Act, shall, after the twenty-fifth day of March one thousand eight hundred and twenty-three, and previous to the twenty-fifth

57 Geo. III.

c. 46.

day of September one thousand eight hundred and twenty-three, be pre No. LXXXII. sented to the overseers of the poor of the township of Sheffield for the time being, or their agent, at the workhouse of the said township, the said overseers shall receive and take such token or tokens as aforesaid, paying to the holder or holders thereof one penny of the current coin of the realm for each and every token so presented as aforesaid; and in case such overseers or their agent shall neglect or refuse to receive and take such token as aforesaid, and to pay one penny for the same as aforesaid, it shall and may be lawful for one justice of the peace, upon complaint upon oath in that behalf made, to summon such overseers or their agent, and after hearing the parties upon both sides, to direct and order (if he shall see just cause) the said overseers of the poor or their agent to take and receive such token as aforesaid, and to pay one penny for the same as aforesaid, together with all costs and charges whatever attending such complaint so made before such justice: Provided always, that it shall and may be lawful for the overseers of the poor of the said township of Sheffield to pay such penny as aforesaid out of any money received by them for the relief and maintenance of the poor of the said township; but that it shall not be lawful for the said overseers of the poor to pay the costs and charges attending any such complaint as aforesaid out of any money received by them aforesaid.

V. And be it further enacted, That in case the overseers of the poor for the township of Sheffield for the time being shall at any time previous to the said twenty-fifth of March one thousand eight hundred and twenty-three, deem it advisable to call in such tokens as aforesaid, or any amount of them, it shall and may be lawful for them to take such measures as may to them seem necessary for that purpose; paying however, for each and every token so called in, one penny of the current coin of the realm, out of any money received by them for the relief and maintenance of the poor of the said township of Sheffield.

Overseers of the poor of Sheffield may call in tokens

before 25th March 1823.

relief of the poor may circulate to 25th

March 1820.

VI. And whereas certain other tokens made of copper, or of a mixed Birmingham metal composed partly of copper, and bearing the superscription Birming- penny tokens 'ham, One Penny,' were issued from time to time during the years one issued for the thousand eight hundred and eleven, one thousand eight hundred and twelve, one thousand eight hundred and thirteen, one thousand eight hundred and fourteen, and one thousand eight hundred and fifteen, by the overseers of the poor of the parish of Birmingham in the county of Warwick: And whereas the immediate suppression of the circulation of the aforesaid tokens would be attended with great loss to the said parish of Birmingham, and to the holders thereof, as well as with great inconvenience to the inhabitants of the town of Birmingham and the neighbourhood thereof; be it further enacted, That nothing in this Act contained shall be construed to prevent such tokens as aforesaid from being passed and circulated at any time previous to the twenty-fifth day of March one thousand eight hundred and twenty: Provided always, that from and after the said twenty-fifth of March one thousand eight hundred and twenty, all and every the provisions of this Act shall be construed to prevent such tokens as aforesaid from being passed and circulated.

super

their tokens.

VII. And be it further enacted, That in case any token or tokens made Overseers of of copper, or of a mixed metal composed partly of copper, with the the poor of scription Birmingham, One Penny, and which have been issued by the Birmingham to overseers of the poor of Birmingham at any time previous to the passing of pay 1d. for this Act, shall, after the twenty-fifth day of March one thousand eight hundred and twenty, and previous to the twenty-fifth day of September one thousand eight hundred and twenty, be presented to the overseers of the poor of Birmingham, or their agent, at the workhouse of the said parish, the said overseers shall receive and take such token or tokens as aforesaid, paying to the holder or holders thereof one penny of the current coin of the realm for each and every token so presented as aforesaid; and in case such overseers or their agent shall neglect or refuse to receive and take such token as aforesaid, and to pay one penny as aforesaid for the same, it shall and may be lawful for one justice of the peace, upon complaint upon oath in such behalf made, to summon such overseers or their agent, and after hearing the parties upon either side to direct and order (if he

No. LXXXII. shall see just cause) the said overseers of the poor, or their agent, to take 57 Geo. III. and receive such token as aforesaid, and to pay one penny for the same as aforesaid, together with all costs and charges whatever attending such comc. 46. plaint so made before such justice: Provided always, that it shall and may be lawful for the overseers of the poor of the parish of Birmingham to pay such penny as aforesaid out of any money received by them for the relief and maintenance of the poor of the said parish; but that it shall not be lawful for them to pay the costs and charges attending any complaint out of such money.

Overseers of the poor of Birmingham may call in tokens before 25th March 1820.

Justices to de termine of fences.

Penalty on witnesses not attending to

give evidence.

Conviction.

Clerk of the peace to deli

ver a copy thereof on

VIII. And be it further enacted, That in case the overseers of the poor of Birmingham shall, at any time previous to the said twenty-fifth day of March one thousand eight hundred and twenty, deem it advisable to call in such tokens as aforesaid, or any amount of them, it shall and may be lawful for them to take such measures as may to them seem necessary for that purpose; paying, however, for each and every such token so called in, one penny of the current coin of the realm, from and out of any money received by them for the relief and maintenance of the poor of the said township of Birmingham.

IX. And be it further enacted, That it shall be lawful for any justice or justices of the peace, acting for the county, riding, city, or place within which any offence against this Act shall be committed, to hear and determine the same in a summary way; and such justice or justices, upon any information exhibited, or complaint made upon oath in that behalf, shall summon the party accused, and also the witnesses on either side, and shall examine into the matter of fact; and upon due proof made thereof, either by the voluntary confession of the party, or by the oath of one or more credible witness or witnesses, or otherwise, (which oath such justice or jus tices is or are hereby authorized to administer,) shall convict the offender, and adjudge the penalty for such offence.

X. And be it further enacted, That if any person shall be summoned as a witness to give evidence before such justice or justices, either on the part of the prosecutor or the person accused, and shall neglect or refuse to appear at the time or place to be for that purpose appointed, without a reasonable excuse for such his neglect or refusal, to be allowed by such justice or justices, then such person shall forfeit for every such offence the sum of fifty pounds, to be levied and paid in such manner and by such means as are directed for recovery of other penalties under this Act.

XI. And be it further enacted, That the justice or justices before whom any offender shall be convicted as aforesaid, shall cause the said conviction to be made out in the manner and form following (that is to say). BE it remembered, That on the

day of

in the year of our Lord A. B. having appeared before me, [or us,] one [or more] of his Majesty's justices of the peace [as the case may be] for the county, riding, city, or place, [as the case may be,] and due proof having been made upon oath by one or more credible witness or witnesses, or by confession of the party [as the case may be], is convicted of [specify ing the offence], in the sum of Given under my hand and

seal [or our hands and seals], the day and year aforesaid.' Which conviction the said justice or justices shall cause to be returned to the then next general quarter sessions of the peace to the county, city, riding, or place where such conviction was made, to be filed by the clerk of the peace, to remain and be kept among the records of such county, riding, city, or place.

XII. Provided always, and be it further enacted, That it shall be lawful for any clerk of the peace for any county, riding, city or place, and he is hereby required, upon application made to him by any person or persons for that purpose, to cause a copy or copies of any conviction or convictions payment of 18. filed by him under the directions of this Act, to be forthwith delivered to such person or persons, upon payment of one shilling for every such copy. XIII. And be it further enacted, That the pecuniary penalties and forfeitures hereby incurred and made payable upon any conviction against this Act, shall be forthwith paid by the person convicted, as follows: One moiety of the forfeiture to the informer, and the other moiety to the poor

Recovery and distribution of penalties.