MEASURES FOR MAINTAINING THE COIN AT STANDARD WEIGHT,

1774.

13 George III., c. 71, 1773.

AN ACT for the better preventing the counterfeiting, clipping, and other diminishing the gold coin of this kingdom.

Whereas the preventing the currency of clipped and unlawfully diminished and counterfeit money is a more effectual means to preserve the coin of this Kingdom entire and pure, than the most rigorous laws for the punishment of such as diminish or counterfeit the same; and whereas by the known laws of this Kingdom, no person ought to pay, or knowingly tender in payment, any counterfeit or unlawfully diminished money, and all persons may not only refuse the same, but may and by the ancient statutes and ordinances of this Kingdom, have been required to destroy and deface the same and more particularly the tellers in the receipt of the exchequer, by their duty and oath of office, are required to receive no money but good and true, and to the end the same might be the better discerned and known by the ancient course of the said receipt of the exchequer, all money ought to be received there by weight as well as tale; and whereas by an act passed in the ninth and tenth years of the reign of the late King William the third (intituled, an act for the better preventing the counterfeiting, clipping, and other diminishing the coin of this Kingdom) provisions are made for preventing the currency of clipped and counterfeit silver money, but respecting the gold money no provision is thereby made; be it declared and 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 it is and shall be lawful to and for any person to whom any gold money shall be tendered, any piece or pieces whereof shall be diminished, otherwise than by reasonable wearing, or that by the stamp, impression, colour, or weight thereof, he shall suspect to be counterfeit, to cut, break, or deface such piece or pieces; and if any piece so cut, broken, or defaced shall appear to be diminished (otherwise than by reasonable wearing) or counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight and appear to be lawful money, the person that cut, broke, or defaced the same shall and is hereby required, to take and receive the same, at the rate it was coined for, and if any question or dispute shall arise whether the piece so cut be counterfeit or diminished in manner aforesaid, it shall be heard and finally determined by the Mayor, Bailiff or Bailiffs, or other chief officer of any city or town corporate, where such tender shall be made; and if such tender shall be made out of any city or town cor

porate then by some justice of the peace of the county inhabiting or being near the place where such tender shall be made; and the said mayor or other chief officer, and justice of the peace shall have full power and authority to administer an oath as he shall see convenient to any person for the determining any questions relating to the said piece.

II. And be it further enacted by the authority aforesaid, That the tellers, at the receipt of His Majesty's exchequer, and their deputies and clerks, shall, and they are hereby required, to cut, break, or deface, or cause to be cut, broken, or defaced, every piece of counterfeit or unlawfully diminished Gold Money that shall be tendered in payment to them, to the use of His Majesty, his heirs or successors, or for, or in respect of any part of the revenue, aids, impositions, duties, or taxes, of His Majesty, his heirs or successors; and the better to discover Gold Money that is counterfeit or unlawfully diminished, from that which is good and true, the said tellers, and their respective deputies and clerks, shall weigh, in whole sums or otherwise, all Gold Money by them received; and if the same, or any piece thereof, shall, by the weight, or otherwise, appear to be counterfeit or unlawfully diminished, the same shall not be received by or from them in the said receipt of the exchequer, nor be allowed them upon their respective accounts.

RESOLUTIONS IN THE COMMONS RESPECTING THE STATE OF THE

GOLD COIN.

(From Parliamentary History of England, Volume 17th, 1774, Page 1327.)

May 10. Sir Charles Whitworth reported, from the committee of the whole House, to whom it was referred to take into consideration the state of the Gold Coin of this Kingdom, the following Resolutions:

1. "That the gold coin of this realm has been greatly diminished, by clipping, filing, and other evil practices, particularly of late years in violation of the laws of this realm and to the great detriment of the public; so that the several pieces of unlawful diminished gold coin which have been received into the Bank at the Mint price, in pursuance of the directions from commissioners of his Majesty's Treasury, of the 23rd of July, 1773, amounting in value to the sums of £3,418,960 15s. 4d. have been found to be deficient, upon an average, at least nine per cent.

2. "That part of such of the gold coin now remaining in circulation, as was coined before the accession of his present Majesty, is deficient in weight £5 per centum; and that a part of so much thereof as hath been coined during the reign of his present Majesty, before the 1st of January, 1772, is deficient two and an half per centum.

3. "That it has been a practice to export and melt down the new and perfect gold coin soon after it is issued, for private advantage, to the great detriment of the public.

4. "That while pieces of gold coin, differing so greatly in weight, are allowed to be current under the same denomination, and at the same rate and value, great quantities of the new and perfect pieces will continue to be exported and melted down: and, there is reason to apprehend, will be recoined into pieces the most deficient that are allowed to be

current.

5. "That, to prevent the mischiefs to which the public are thus exposed, it is proper that all guineas, weighing less than 5 pennyweight eight grains; and all half-guineas, weighing less than 2 pennyweight sixteen grains; and all quarter-guineas, weighing less than one pennyweight eight grains, be called in and be recoined.

6. "That the said guineas, half-guineas and quarter-guineas be called in by degrees; and that it is proper to proceed therein as fast as the occasions of circulation will allow, and as the officers of the mint are able to recoin the same.

7. "That, for the purpose of calling in the said guineas, half-guineas, and quarter-guineas, it is proper that certain days be appointed, after which they shall not be allowed in payments, or to pass, except only to the collectors and receivers of the public revenues, or to such persons as shall be appointed by his Majesty to receive and exchange the same; and that certain other days be appointed, after which they be not allowed to pass in any payment whatsoever, or to be exchanged in manner beforementioned.

8. "That all such guineas, half-guineas, and quarter-guineas, be recoined according to the established standard of the mint, both as to weight and fineness.

9. "That the public bear the loss arising from the deficiency and recoinage of the said guineas, half-guineas and quarter-guineas, provided such deficiency does not exceed the rates settled by the order of the commissioners of his Majesty's Treasury of the 23d of July last; and provided they be offered in payment to the receivers or collectors of the public revenue, or are brought to such person or persons, as shall be authorized to receive and exchange the same, within the times to be appointed according to the foregoing resolutions.

10. "That the methods of coining hitherto invented, for the purpose of preventing the unlawful diminishing of the gold com of this realm, by clipping, filing, and other evil practices, and the laws hitherto enacted for the punishment of those that are guilty thereof, have been found to be ineffectual.

11. "That the only effectual method of preserving the Gold Coin from being unlawfully diminished, and of preventing the mischiefs to which the public is thereby exposed, is, that the said coin should be current by weight as well as by tale.

12. "That the most convenient method of making the gold coin so current is that every person who shall receive in payment any piece or number of pieces of such coin deficient in weight, shall be entitled to receive a compensation for the said deficiency from the person tendering the said coin.

13. "That such compensation be at the rate of one half guinea for every sixty-five grains, and in the like proportion as near as conveniently can be, for every grain under sixty-five, according to such table or tables as his Majesty shall cause to be published, from time to time for that purpose.

14. "That considerable quantities of the old silver coin of this realm, or silver coin purporting to be such, greatly below the standard of the Mint in weight, have been lately imported into this kingdom.

15. "That it be made unlawful to import into this kingdom, or Ireland, from foreign countries, any of the silver coin of this realm, or any silver coin purporting to be such, that is not of the established standard of the mint in weight and fineness; and that the same, if seized, be made subject to confiscation.

16. "That for a limited time, the silver coin of this kingdom be not allowed to be legal tender in the payment of any sum exceeding 501, but according to its value by weight, after the rate of 58. and 2d. per

ounce.

17. "That there be made, under the direction of the officers of his Majesty's Mint, one weight of a guinea, and one weight of a shilling; and also other weights, being parts and multiples of the said guinea weight and shilling weight, according to the established standard of this realm;. which several weights, after they have been ascertained by the reports of the said officers, and approved by his Majesty in council, shall be the standard weights for regulating and ascertaining all weights to be made use of for weighing the Gold and Silver Coin of this realm, and shall be lodged in the custody of an officer, to be appointed for that purpose, with a salary to be paid out of the coinage duties; and any weights which shall from thenceforth be made use of for weighing the Gold and Silver Coin of this realm, shall not be reputed and taken to be true and perfect unless they have been first compared with the said standard weights; and, in testimony thereof, marked by the officer to whom the custody of the said standard weight shall be entrusted."

The said Resolutions were agreed to by the House. And it was resolved that an Address be presented to his Majesty, upon the 1st, 2nd, 3d, 4th, 5th, 6th, 7th, 8th and 9th Resolutions: and also, That a Bill or Bills be brought in pursuant to the 14th, 15th, 16th and 17th Resolutions.

14 George III, c. 42.

AN ACT to prohibit the importation of light silver coin of this realm, from foreign countries, into Great Britain and Ireland; and to restrain, the tender thereof beyond a certain sum.

Whereas considerable quantities of old silver coin of this realm, or coin purporting to be such, greatly below the standard of the mint in weight, have been lately imported into this kingdom, and it is expedient, that some provision should now be made to prevent a practice which may be carried on at this time, to the very great detriment of the public, 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 first day of June, one thousand seven hundred and seventy four, all silver coin of this realm, or any money purporting to be the silver coin of this realm, which is not of the established standard of the mint in weight and fineness, shall be prohibited to be imported or brought into the kingdoms of Great Britain or Ireland from for

eign countries; and if any silver coin being, or purporting to be, the coin of this realm, exceeding in amount the sum of five pounds, shall be found, by any officer, of his Majesty's customs, on board any ship or vessel, in any port, harbour, haven, or creek, or in any boat, barge, or other vessel upon the water, within the said kingdoms, or in the custody of any person coming directly from the water side, or upon the information of one or more person or persons in any house, shop, cellar, warehouse, room, or other place, on a search there made in such manner as in and by an act made in the fourteenth year of the reign of the late King Charles the Second, intituled, An act for preventing frauds, and regulating abuses, in his Majesty's customs, is mentioned and directed, if such search is made in Great Britain, or according to the manner directed by any act of parliament made in Ireland, relative to the searching for uncustomed and prohibited goods in that kingdom, if such search is made there, it shall and may be lawful for such officer to stop and put such coin in his Majesty's custom-house warehouse, in the port next to the place where such stop shall be made: and if it shall appear, upon examination there, to the collector or other principal officer of the customs, of the said port or place, that such silver coin is of the established standard of the mint in weight and fineness, the same shall, upon demand, be forthwith delivered to the owner or proprietor thereof, without fee or reward; and such officer or officers, or any person or persons acting in his or their aid or assistance, shall not be liable to any action, suit, or prosecution, for searching, stopping, or detaining the same; but if such coin, or any part thereof, shall be less in weight than the established standard of the mint, that is to say, at and after the rate of sixty-two shillings to every pound troy, whether the same be in crowns, half-crowns, shillings, sixpences, or pieces of a lower denomination, or of less fineness than eleven ounces two-pennyweight of fine silver, and eighteen-pennyweight of alloy in the pound troy, the same, or such part thereof, as shall be deficient either in weight or fineness, as aforesaid, shall be forfeited, and shall and may be seized by any officers of the customs, and prosecuted in any court of record in Westminster or Dublin, or in the court of exchequer at Edinburgh; or if such coin shall not amount in value to the sum of twenty pounds, in that case, the same shall and may be prosecuted in a summary way, before any two of his Majesty's justices of the peace for the county, city, or place, where such seizure shall be made, at the election of the commissioners of his Majesty's customs in Great Britain, or the commissioners of revenue in Ireland, or any three or more of them respectively, in such and the like manner, and by the same rules and regulations, as any forfeiture incurred by any law of the revenue may be sued for and recovered in the Kingdom of Great Britain or Ireland, respectively; and after condemnation, the same shall be melted down, cut, or otherwise defaced, in such manner as the said commissioners of his Majesty's customs and revenue respectively shall direct; and one moiety of the produce arising by the sale thereof, after being so melted down, cut, or defaced (first deducting the charges of prosecution and sale) shall be to the use of his Majesty, his heirs and successors, and the other moiety to such officers of the customs as shall sue and prosecute for the same.

II. And be it further enacted by the authority aforesaid, That no tender in the payment of money made in the silver coin of the realm of any sum exceeding the sum of twenty-five pounds, at any one time, shall be reputed in law, or allowed to be a legal tender within Great Britain or Ireland, for more than according to its value by weight, after the rate of five shillings, and two-pence for each ounce of silver; and no person to whom such tender shall be made shall be any way bound thereby or obliged to receive the same in payment, in any other manner than aforesaid; any law, statute, or usage, to the contrary notwithstanding.

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III. And be it further enacted by the authority aforesaid, That this act shall tinue in force until the first day of May, one thousand seven hundred and seventysix, and from thence to the end of the then next session of parliament.