Counterfeiting Coin Act 1741
Encyclopedia
The Counterfeiting Coin Act 1741 (15 Geo.2 c.28) was an Act
of the Parliament of Great Britain
which made it high treason
to counterfeit
silver
, copper
or brass
coins (counterfeiting brass or copper coins had previously only been a misdemeanor
). Its long title
was An act for the more effectual preventing the counterfeiting of the current coin of this kingdom, and the uttering or paying of false or counterfeit coin. It has since been repeal
ed.
Section 1 made it high treason to "wash, gild or colour any of the lawful silver coin called a shilling
or a sixpence, or counterfeit or false shilling or sixpence," or alter such a coin to make it look like a "lawful gold coin called a guinea
" or half-guinea, or to file, alter, wash or colour "any of the brass monies called halfpennies or farthings, or to make those coins look like a shilling or sixpence. The last part of this section was amended by the Counterfeiting Coin Act 1797 to extend it to all copper coins ordered by royal proclamation to be current
in the realm, not just halfpennies and farthings.
Following the words quoted above, section 2 continued to impose a mandatory minimum sentence
of 6 months' imprisonment for uttering a false coin, knowing it to be false. On release the offender then had to provide sureties
to be of good behaviour for another 6 months. For a second offence, the punishment was 2 years' imprisonment followed by another 2 years of good behaviour under surety. A third offence was a felony
, punishable with death by hanging
.
Section 3 provided that a person who committed an offence under section 2 and then committed the same offence again within 10 days, or was found in possession of more counterfeit money within 10 days was to be deemed "a common utterer of false money" and sentenced to 1 year imprisonment and then provide sureties for his good behaviour for another 2 years. If a person convicted of this offence ever uttered or tendered false coin in payment again, he was guilty of felony without benefit of clergy
.
Section 6 made it a crime to "make, coin or counterfeit any brass or copper money, commonly called a halfpenny or a farthing," to be punished with 2 years' imprisonment followed by providing sureties for another 2 years' good behaviour.
Section 5 stated that the same rules of procedure and evidence which applied to already existing crimes of counterfeiting coins were to apply to crimes under this Act, except that a time limit of 6 months applied to starting a prosecution for treason or felony under the Act.
Section 7 stated that anyone who apprehended someone for treason or felony against the Act, or for an offence under section 6, was to be given a reward for each person convicted: 40 pounds
for each traitor or felon, and 10 pounds for each person offending against section 6. The reward was to be paid by the sheriff
of the county within one month of the conviction. If the sheriff failed to pay then he was to forfeit double the reward money, plus treble the costs of suing him, which would all be paid to the informer.
Section 8 said that anyone who committed an offence against the Act but who then provided information leading to the conviction of two or more other offenders was to be pardon
ed.
Generally speaking, the rules of evidence and jurisdiction in the 18th century were that what happened in one county could not be proved in a court in a different county. However section 9 permitted a previous conviction under the Act in one county to be proved in a court in another county by a certificate signed by the court clerk.
Section 10 increased the fund for prosecuting counterfeiters from £400 to £600 per annum. (This fund had been set up by the Act of 7 Anne c.24, section 4, in 1708.)
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
which made it high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
to counterfeit
Counterfeit
To counterfeit means to illegally imitate something. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product...
silver
Silver
Silver is a metallic chemical element with the chemical symbol Ag and atomic number 47. A soft, white, lustrous transition metal, it has the highest electrical conductivity of any element and the highest thermal conductivity of any metal...
, copper
Copper
Copper is a chemical element with the symbol Cu and atomic number 29. It is a ductile metal with very high thermal and electrical conductivity. Pure copper is soft and malleable; an exposed surface has a reddish-orange tarnish...
or brass
Brass
Brass is an alloy of copper and zinc; the proportions of zinc and copper can be varied to create a range of brasses with varying properties.In comparison, bronze is principally an alloy of copper and tin...
coins (counterfeiting brass or copper coins had previously only been a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
). Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
was An act for the more effectual preventing the counterfeiting of the current coin of this kingdom, and the uttering or paying of false or counterfeit coin. It has since been repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed.
Reason for the Act
Section 2 of the Act began with an explanation for why the Act was necesssary:Offences
Sections 1, 2, 6, 7 and 8 of the Act came into force on 29 September 1742.Section 1 made it high treason to "wash, gild or colour any of the lawful silver coin called a shilling
Shilling
The shilling is a unit of currency used in some current and former British Commonwealth countries. The word shilling comes from scilling, an accounting term that dates back to Anglo-Saxon times where it was deemed to be the value of a cow in Kent or a sheep elsewhere. The word is thought to derive...
or a sixpence, or counterfeit or false shilling or sixpence," or alter such a coin to make it look like a "lawful gold coin called a guinea
Guinea (British coin)
The guinea is a coin that was minted in the Kingdom of England and later in the Kingdom of Great Britain and the United Kingdom between 1663 and 1813...
" or half-guinea, or to file, alter, wash or colour "any of the brass monies called halfpennies or farthings, or to make those coins look like a shilling or sixpence. The last part of this section was amended by the Counterfeiting Coin Act 1797 to extend it to all copper coins ordered by royal proclamation to be current
Legal tender
Legal tender is a medium of payment allowed by law or recognized by a legal system to be valid for meeting a financial obligation. Paper currency is a common form of legal tender in many countries....
in the realm, not just halfpennies and farthings.
Following the words quoted above, section 2 continued to impose a mandatory minimum sentence
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
of 6 months' imprisonment for uttering a false coin, knowing it to be false. On release the offender then had to provide sureties
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...
to be of good behaviour for another 6 months. For a second offence, the punishment was 2 years' imprisonment followed by another 2 years of good behaviour under surety. A third offence was a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, punishable with death by hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
.
Section 3 provided that a person who committed an offence under section 2 and then committed the same offence again within 10 days, or was found in possession of more counterfeit money within 10 days was to be deemed "a common utterer of false money" and sentenced to 1 year imprisonment and then provide sureties for his good behaviour for another 2 years. If a person convicted of this offence ever uttered or tendered false coin in payment again, he was guilty of felony without benefit of clergy
Benefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
.
Section 6 made it a crime to "make, coin or counterfeit any brass or copper money, commonly called a halfpenny or a farthing," to be punished with 2 years' imprisonment followed by providing sureties for another 2 years' good behaviour.
Other matters
Section 4 provided that there was to be no corruption of blood for offences under the Act.Section 5 stated that the same rules of procedure and evidence which applied to already existing crimes of counterfeiting coins were to apply to crimes under this Act, except that a time limit of 6 months applied to starting a prosecution for treason or felony under the Act.
Section 7 stated that anyone who apprehended someone for treason or felony against the Act, or for an offence under section 6, was to be given a reward for each person convicted: 40 pounds
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
for each traitor or felon, and 10 pounds for each person offending against section 6. The reward was to be paid by the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of the county within one month of the conviction. If the sheriff failed to pay then he was to forfeit double the reward money, plus treble the costs of suing him, which would all be paid to the informer.
Section 8 said that anyone who committed an offence against the Act but who then provided information leading to the conviction of two or more other offenders was to be pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
ed.
Generally speaking, the rules of evidence and jurisdiction in the 18th century were that what happened in one county could not be proved in a court in a different county. However section 9 permitted a previous conviction under the Act in one county to be proved in a court in another county by a certificate signed by the court clerk.
Section 10 increased the fund for prosecuting counterfeiters from £400 to £600 per annum. (This fund had been set up by the Act of 7 Anne c.24, section 4, in 1708.)
See also
- High treason in the United KingdomHigh treason in the United KingdomUnder the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Coin Acts 1572 and 1575Treason Act 1415The Treason Act 1415 was an Act of the Parliament of England which made clipping coins high treason, punishable by death. The Act was repealed by the Treason Act 1553, and then revived again in 1562...
- Coin Act 1696Coin Act 1696The Coin Act 1696 was an Act of the Parliament of England which made it high treason to make or possess equipment useful for counterfeiting coins. Its title was "An Act for the better preventing the counterfeiting the current Coin of this Kingdom." It was extended to cover Scotland by the Treason...
- Coin Act 1732Coin Act 1732The Coin Act 1732 was an Act of the Parliament of Great Britain which made it high treason to counterfeit gold coins. Its title was "An Act to prevent the coining or counterfeiting any of the gold coins commonly called Broad Pieces."...
- Treason ActTreason ActTreason Act or Treasons Act is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences...