The vigour and energy requisite to put good and apposite laws in execution for the suppression of crimes of every kind, but particularly that of the coinage and circulation of base money, depend much on the zeal and activity of the Magistrate: and on the affording an adequate pecuniary resource, to enable him to reward men who may undertake to risk their persons in the company of desperate and daring offenders, in order to obtain that species of evidence which will produce a conviction. Without such pecuniary resource, the law, as well as the exertions of the Magistrate, becomes a dead letter: and his efforts for the purpose of promoting the ends of public justice, are crippled and lost to the Community.
In suppressing great evils, strong and adequate powers must be applied, and nothing can give force and activity to these powers, but the ability to reward liberally all persons engaged in the public service, either as police officers, or as temporary agents for the purpose of detecting atrocious offenders. The following ideas are therefore suggested with a view to the important subject at present under discussion.
The Coinage Laws (except those relating to copper money) which contain the most important regulations in the way of prevention, having been made a century ago, it is not to be wondered at, in consequence of the regular progress of the evil, and the new contrivances and artifices resorted to, in that period, that many obvious amendments have become necessary. A consolidation of the whole laws from the 25th of Edward the Third, to the 14th of his present Majesty, would, perhaps, be the most desirable object; as it would afford a better opportunity of correcting every deficiency, and of rendering this branch of the criminal code, concise, clear, explicit,—applicable to the existing evils, and to the means of prevention.
For the purpose, however, of more fully elucidating this proposition, it will be necessary to state the existing laws, and what are considered as the most apparent deficiencies therein.
We will begin by giving a short Summary of the existing Laws.
Since the last edition of this work the following additions have been made to the Statute Law on this subject.
By 37 Geo. III. c. 126, so much of 15 Geo. II. c. 28, as relates to halfpence and farthings, and the statute 11 Geo. III. c. 40, and all other acts relating to the copper money of this realm, are extended to all such copper money as shall be coined and issued, by the King's Proclamation.—This was for the purpose of protecting the Coinage of penny and twopenny pieces made for Government by Mr. Boulton, of Birmingham; and which it is believed have not yet been counterfeited, at least to any great extent.
By the same statute, 37 Geo. III. c. 126, persons counterfeiting any foreign gold or silver coin, tho' not current in this realm, are made guilty of felony, punishable by seven years' transportation; as are also persons bringing the same into the realm, with intent to utter it.—A penalty is imposed on persons tendering such counterfeit coin in payment, or exchange; for the first offence, six months' imprisonment: for the second, two years; and on the third, they are declared guilty of felony without Clergy.—Persons having more than five pieces of such counterfeit coin in their possession, shall forfeit the same, and also a penalty of not more than £.5, nor less than 40s. for each piece; or suffer three months' imprisonment.—Justices are impowered to grant warrants for searching suspected places, for such counterfeit foreign coin; which with the tools and materials may be seized and carried before a Justice, who shall secure the same as evidence: to be afterwards destroyed.
By statute 38 Geo. III. c. 59, the act 14 Geo. III. c. 42, prohibiting the importation of light silver coin of this realm, was revived and continued till June 1, 1799.—And by statute 39 Geo. III. c. 75, it was made perpetual.