COINAGE OFFENCES

THE COINAGE OFFENCES ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Counterfeiting the gold or silver coin.
4. Colouring counterfeit coin or any pieces of metal with intent to

Colouring or altering genuine coin with intent to make it pass
make them pass for gold or silver coin.

for a higher coin.
5. Impairing the gold or silver coin with intent, etc.
6. Unlawful possession of filings or clippings of gold or silver coin.
7. Buying or selling, etc., counterfeit gold or silver coin for a lower

8. Importing counterfeit coins from beyond seas.
9. Exporting counterfeit coin.

10. Uttering counterfeit gold or silver coin.
11. Uttering accompanied by possession of other counterfeit coin,

12. Having three or more pieces of counterfeit gold or silver coin in

13. Every second offence of uttering, etc., after a previous conviction

14. Uttering foreign coin, medals, etc., as current coin, with intent

value than its denomination.

or followed by a second uttering.

possession, etc., with intent, etc.

shall be felony.

to defraud.

Copper Coin

15. Counterfeiting, etc., copper coin.
16. Uttering base copper coin.

Defacing the Coin
17. Defacing the coin by stamping words thereon.
18. Tender of coin so defaced not to be a legal tender.

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2 COINAGE OFFENCES

Coining Tools

19. Making, mending or having possession of any coining tools.
felony.

Other Matters

20. Coin suspected to be diminished or counterfeit may be cut.
21. Discovery and seizure of counterfeit coin and coining tools.
22. Venue.
23. Where the counterfeiting coin shall be complete.
24. Any person may apprehend any person committing any indictable

offence.
25. No certiorari, etc.
26. Punishment of principal in the second degree, and accessories.
27. Fine and sureties for keeping the peace. in what cases.

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COINAGE OFFENCES 3

Cap. 65.

24 of 1955.
Act

42 of 190

THE COINAGE OFFENCES ACT L . W

[Is? July, 1872.1 3rd

1. This Act may be cited as the Coinage offences Act. shorttitle.

Interpreta-
tiOll.

2-41) In this Act-
“current coin” includes any coin coined in any of Her

Majesty’s mints, or lawfully current, by virtue of any
proclamation or otherwise, in Jamaica, or in any other
Commonwealth country, or lawfully current in any 42/1969
foreign country;

“current gold or silver coin” includes any gold or silver coin
coined in any of Her Majesty’s mints, or lawfully
current, by virtue of any proclamation or otherwise, in
Jamaica, or in any other Commonwealth country, or
lawfully current in any foreign country;

“copper coin” includes any coin of any metal or mixed metal
(not being a gold or silver coin) coined in any of Her
Majesty’s mints, or lawfully current, by virtue of any
proclamation or otherwise, in Jamaica, or in any other
Commonwealth country, or lawfully current in any
foreign country;

“false or counterfeit coin resembling or apparently intended
to resemble or pass for any current gold or silver coiny7
includes any of the current coin which shall have been
dt, silvered, washed, coloured or cased over, or in any
manner altered, so as to resemble, or be apparently
intended to resemble or pass for, any current coin of a
higher denomination.

3rd Sch.

~

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4 COINAGE OFFENCES

24/1955 ’’ 2(b) (2) All references to silver coin in this Act shall include a reference to coin of cupro-nickel and to coin of any other
metal or mixture of metals specified in any proclamation
made under the power conferred by paragraph (c) of section

gB10Geo. 3 of the Coinage Act, 1946 of the United Kingdom, and
accordingly such coin shall be excluded from the definition
of “copper coinyy in subsection (1).

(3) Where the having any matter in the custody or
possession of any person is mentioned in this Act, it shall
include not only the having of it by himself in his personal
custody or possession, but also the knowingly and wilfully
having it in the actual custody or possession of any other
person, and also the knowingly and wilfully having it in
any dwelling-house or other building, lodging, apartment,
field, or other place, open or enclosed, whether belonging to
or occupied by himself or not, and whether such matter
shall be so had for his own use or benefit or for that of any
other person.

6 c. 14.

-
coin.
421 1969
3rd sch.

COlouMg
counterfeit
coin or any
pieces of
metal with
intent to
make them
pass for
gold or
silver coin.

Counter- 3. Whosoever shall falsely make or counterfeit any coin
gold or silver resembling or apparently intended to resemble, or pass for

any current gold or silver coin, shall be guilty of felony,
and, being convicted thereof, shall be liable, to be imprisoned

feiting the

€or life with or without hard labour.

4. Whosoever shall gild or silver, or shall, with any wash
or materials capable of producing the colour or appearance
of gold or silver, or by any means whatsoever wash, case
over, or colour any coin whatsoever resembling or apparently
intended to resemble or pass for any current gold or silver
coin; or shall gild or silver, or shall with any wash or
materials capable of producing the colour or appearance of
gold or of silver, or by any means whatsoever wash, case
over, or colour any piece of silver or copper, or of coarse
gold or coarse silver, or of any metal or mixture of metals
respectively, being of a fit size and figure to be coined, and
-

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COINAGE OFFENCES 5

with intent that the same shall be coined into false and
counterfeit coin, resembling or apparently intended to
resemble or pass for any current gold or silver coin; or shall
gild, or shall, with any wash or materials capable of pro-
ducing the colour or appearance of gold, or by any means Colouring
whatsoever wash, case over, or colour any current silver genume
coin, or file, or in any manner alter such coin with intent to z&g$
make the same resemble or pass for any current gold coin; makeit
or shall gild or silver, or shall, with any wash or materials highercoin.
capable of producing the colour or appearance of gold, or
silver, or by any means whatsoever wash, case over, or colour
any current copper coin, or file, or in any matter alter such
coin with intent to make the same resemble or pass for any
current gold or silver coin, shall be guilty of felony, and
being convicted thereof, shall be liable, to be imprisoned for !2Jgl.
life, with or without hard labour.

or al!ering

pass for a

5. Whosoever shall impair, diminish, or lighten any cur- Impairing
rent gold or silver coin, with intent that the coin so impaired, gtFzg
diminished, or lightened may pass for current gold or silver 2: intent.
coin, shall be guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for any term not exceeding
fourteen years, with or without hard labour. 42/1%9 3rd Sch.

6. Whosoever shall unlawfully have in his custody or un1awf.d
possession any filing or clipping, or any gold or silver bullion, of filings or
or any gold or silver in dust, solution, or otherwise, which f:ff’zof
shall have been produced or obtained by impairing, silyer
diminishing, or lightening any current gold or silver coin,
knowing the same to have been so produced or obtained,
shall be guilty of felony, and, being convicted thereof, shall 42/1%9
be liable, to be imprisoned for any term not exceeding seven
years, with or without hard labour.

possession

corn.

3rd Sch.

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6

Buying or
selling, etc.,
counterfeit
gold or
silver coin
for a lower
value than
its deno-
mination.

4211969
3rd Sch.

Importing
counterfeit
coins from
beyond seas.

4211%9
3rd Sch.

COINAGE OFFENCES

7. Whosoever, without lawful authority or excuse (the
proof whereof shall lie on the party accused) shall buy, sell,
receive, pay, or put off, or offer to buy, sell, receive, pay, or
put off any false or counterfeit coin resembling, or appar-
ently intended to resemble or pass for any current gold or
silver coin at or for a lower rate or value than the same
imports, or was apparently intended to import, shall be
guilty of felony, and, being convicted thereof, shall be liable
to be imprisoned for life, with or without hard labour, and
in any indictment for any such offence as in this section
aforesaid, it shall be sufficient to allege that the party accused
did buy, sell, receive, pay, or put off, or did offer to buy, sell,
receive, pay, or put off the false or counterfeit coin at or for
a lower rate or value than the same imports, or was
apparently intended to import, without alleging at M €or
what rate, price, or value, the same was bought, sold,
received, paid, or put off, or offered to be bought, sold,
received, paid or put off.

8. Whosoever, without lawful anthcbl.ity or ~ x c u s e (the
proof whereof shall lie on the party accused) shall import
or receive into Jamaica from beyond the seas, any false or
counterfeit coin resembling, or apparently intended to
resemble or pass for any current coin, knowing the same
to be false or counterfeit, shall be guilty of felony, and
being convicted thereof, shall be liable, to be imprisoned
for any term not exceeding fourteen years, with or without
hard labour.

Exporting 9. Whosoever, without lawful authority or excuse (the
proof whereof shall lie on the party accused) shall export,
or put on board any ship, vessel or boat, for the purpose of
being exported from Jamaica, any false or cout~rkit coin
resembling, or apparently intended to resemble M pass for
any current coin, knowing the same to be false QT counter-

counterfeit
corn.

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COINAGE OFFENCES 7

feit, shall be guilty of a felony, and, being convicted thereof,
shall be liable, to be imprisoned for any term not exceeding 42/1%9
fourteen years, with or without hard labour. 3rd Sch.

10. Whosoever shall tender, utter, or put off any false or Uttering
counterfeit coin, resembling or apparently intended to
resemble or pass for any current gold or silver coin, knowing sfivercoin.
the same to be false or counterfeit, shall be guilty of a mis-
demeanour, and, being convicted thereof, shall be liable
at the discretion of the court, to be imprisoned for any term
not exceeding one year, with or without hard labour.

11. Whosoever shall tender, utter, or put off any false or U*-
counterfeit coin, resembling or apparently intended to zz-by
the same to be false or counterfeit, and shall, at the time oqmterfeit
of such tendering, uttering, or putting off, have in his fouowedby
custody or possession, besides the false or counterfeit coin :g$d
so tendered, uttered, or put off, any other piece of false or
counterfeit coin, resembling or apparently intended to
resemble or pass for any current gold or silver coin, or shall,
either on the day of such tendering, uttering, or putting
off, or within the space of ten days then next ensuing, tender,
utter, or put off any false or counterfeit coin resembling,
or apparently intended to resemble or pass for any current
gold or silver coin, knowing the same to be false or counter-
feit, shall be guilty of a misdemeanour, and, being convicted
thereof, shall be liable, at the discretion of the court, to be
imprisoned for any term not exceeding two years, with or
without hard labour.

resemble or pass for any current gold or silver coin, knowing 9swsion of other
am, or

12. Whosoever shall have in his custody or possession Having

or apparently intended to resemble or pass for any current gi;;F-
gold or silver coin, knowing the same to be false or counter- orsilyer

three or
three or more pieces of false or counterfeit coin resembling more pieces

mm ln feit, and with intent to utter or put off the same or any of possession,
etc., with
intent, etc. P%e inclusion of this page is authorized by L.N. 480/1973]

8

421 1969
3rd Sch.

Every
second
offence of
uttering,
etc., after a
previous
conviction
shall be
felony.
421 1969
3rd Sch.

Uttering
foo'eign
corn,
medals, etc.,
as current
coin, with
intent to
defraud.

Counter-
feiting, etc.,
copper coin.

COINAGE OFFENCES

them, shall be guilty of a misdemeanour, and, being con-
victed thereof, shall be liable, to be imprisoned for any term
not exceeding three years, with or without hard labour.

13. Whosoever, having been convicted of any such mis-
demeanour as is mentioned in section 10, 11 or 12, or of
any felony against this Act, shall afterwards commit any
of the misdemeanours in any of the said sections mentioned,
shall be guilty of felony, and, being convicted thereof, shall
be liable, to be imprisoned for life, with or without hard
labour.

14. Whosoever shall, with intent to defraud, tender, utter,
or put off as or for any current gold or silver coin, any coin
not being such current gold or silver coin, or any medal or
piece of metal, or mixed metals, resembling in size, figure,
and colour the current coin as or for which the same shall
be so tendered, uttered, or put off, such coin, medal or piece
of metal, or mixed metals so tendered, uttered, or put off,
being of less value than the current coin as or for which the
same shall be so tendered, uttered, or put off, shall be guilty
of a misdemeanour, and being convicted thereof, shall be
liable, at the discretion of the court, to be imprisoned for
any term not exceeding one year, with or without hard
labour.

Copper Coin
15. Whosoever shall falsely make or counterfeit any Coin

resembling, or apparently intended to resemble or pass for
any current copper coin; and whosoever without lawful
authority or excuse (the proof whereof shall lie on the party
accused) shall knowingly make or mend, or begin to proceed
to make or mend, or buy or sell, or have in his custody or
possession any instrument, tool, or engine adapted and
intended for the counterfeiting of any current copper coin,
or shall buy, sell, receive, pay, or put off, or offer to buy,

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COINAGE OFFENCES 9

sell, receive, pay or put off any false or counterfeit coin
resembling, or apparently intended to resemble or pass for
any current copper coin, at or for a lower rate or value than
the same imports, or was apparently intended to import,
shall be guilty of felony, and being convicted thereof, shall
be liable, to be imprisoned for any term not exceeding seven ::ilzt.
years, with or without hard labour.

16. Whosoever shall tender, utter, or put off any false or Uttering counterfeit coin resembling or apparently intended to base coin. copper
resemble or pass for any current copper coin, knowing the
same to be false or counterfeit, or shall have in his custody
or possession three or more pieces of false or counterfeit
coin resembling or apparently intended to resemble or pass
for any current copper coin, knowing the same to be false
or counterfeit, and with intent to utter or put off the same
or any of them, shall be guilty of a misdemeanour, and,
being convicted thereof, shall be liable, at the discretion of
the court, to be imprisoned for any term not exceeding one
year, with or without hard labour.

Defacing the Coin

17. Whosoever shall deface any current gold, silver, or Defacing

whether such coin shall or shall not be thereby diminished Z:in.
or lightened, shall be guilty of a misdemeanour, and being
convicted thereof, shall be liable, at the discretion of the
court, to be imprisoned for any term not exceeding one
year, with or without hard labour.

copper coin, by stamping thereon any names or words, the coin by

18. No tender or payment in money made in any gold, Tenderof
silver, or copper coin so defaced by stamping, as is mentioned d
in section 17, or defaced by piercing, or in any other manner &$&nder.
shall be allowed to be a legal tender; and whosoever shall

coin so
efaced not

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10 COINAGE OFFENCES

Making,
mending or
having
possession
of any
coining
tools,
felony.

tender, utter, or put off any coin SQ defaced shall, on
summary conviction thereof, be liable to a fine not exceed-
ing four dollars:

Provided, that it shall not be lawful for any person to
proceed for any such last-mentioned penalty without the
consent of Her Majesty’s Director of Public Prosecutions.

Coining Tools
19. Whosoever, without lawful authority or excuse (the

proof whereof shall lie on the party accused) shall know-
ingly make or mend, or begin or proceed to make or mend,
or buy or sell, or have in his custody or possession any
puncheon, counter-puncheon, matrix, stamp, die, pattern,
or mould, in or upon which there shall be made or impressed,
or which will make or impress, or which shall be adapted
and intended to make or impress the figure, stamp, or
apparent resemblance of both or either of the sides of any
current gold or silver coin, or any part or parts of both or
either of such sides; or shall make or mend, or begin or
proceed to make or mend, or shall buy or sell, or have in
his custody or possession any edger, edging, or other tool,
collar, instrument, or engine adapted and intended for the
marking of coin round the edges with letters, grainings, or
other marks or figures apparently resembling those on the
edges of any such coin as in this section aforesaid, knowing
the same to be so adapted and intended as aforesaid; or
shall make or mend, or begin or proceed to make or mend,
or shall buy or sell, or have in his custody or possession,
any press for coinage, or any cutting engine for cutting by
force of a screw or of any other contrivance, round blanks
out of gold, silver, or other metal or mixture of metals, or
any other machine, knowing such press to Be a press for
coinage, or knowing such engine or machine to have been
used, or to be intended to be used for, or in order to the
false making or counterfeiting of my such coin as in this

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COINAGE OFFENCES 11

section aforesaid, shall be guilty of felony, and, being con-
victed thereof, shall be liable, to be imprisoned €or life, with ::i1gl.
or without hard labour.

Other Matters

silver coin to any Government officer as such, who shall

able wear, or to be counterfeit, it shall be lawful for such feitmaybe
officer to cut, break, bend, or deface such coin; and if any
coin so cut, broken, bent, or defaced, shall appear to be
diminished otherwise than by reasonable wearing, or to be
counterfeit, the person tendering the same shall bear the
loss thereof; but if the same shall be of due weight, and
shall appear to be lawful coin, the officer cutting, breaking,
bending or defacing the same is hereby required to receive
the same at the rate it was coined for; and if any dispute
shall arise whether the coin so cut, broken, bent, or defaced
be diminished in manner aforesaid, or counterfeit, it shall
be heard and finally determined in a summary manner by
any Justice who is hereby empowered to examine upon
oath as well the parties as any other person, in order to the
decision of such dispute.

20. Where any coin shall be tendered as current gold or Coin
suspected

diminished
suspect the same to be diminished otherwise than by reason- or counter-

cut.

21. If any person shall find or discover in any place D. iscovery

having the same without lawful authority or excuse, any fei;c$.ng
false or counterfeit coin, resembling or apparently intended toois.
to resemble or pass for any current gold or silver or copper
coin, or any instrument, tool, or engine whatsoever, adapted
and intended for the counterfeiting of any such coin, or any
filings, or clippings, or any gold or silver bullion, or any
gold or silver in dust, solution, or otherwise, which shall
have been produced or obtained by diminishing or lighten-
ing any current gold or silver coin, it shall be lawful for

whatever, or in the custody or possession of any person and ofcount,+ seizure

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12 COINAGE OFFENCES

the person so finding or discovering, and he is hereby
required to seize the same and to carry the same forthwith
before some Justice; and where it shall be proved, on the
oath of a credible witness before any Justice, that there is
reasonable cause to suspect that any person has been con-
cerned in counterfeiting current gold, silver, or copper coin,
or has in his custody or possession any such false or counter-
feit coin, or any instrument, tool, or engine whatsoever
adapted and intended for the making or counterfeiting of
any such coin, or any other machine used or intended to be
used for making or counterfeiting any such coin, or any
such filings, clippings, or bullion, or any such gold or silver
in dust, solution, or otherwise as aforesaid, it shall be law-
ful for any Justice, by warrant under his hand, to cause
any place whatsoever belonging to, or in the occupation,
or under the control of such suspected person to be searched,
either in the day or in the night; and if any such false or
counterfeit coin, or any such instrument, tool, or engine,
or any such machine, or any such slings, clippings, or
bullion, or any such gold or silver in dust, solution or other-
wise as aforesaid, shall be found in any place so searched,
to cause the same to be seized and carried forthwith before
some Justice; and whensoever any such false or counterfeit
coin, or any such instrument, tool, or engine, or any such
machine, or any such filings, clippings, or bullion, or any
such gold, or silver in dust, solution, or otherwise as afore-
said, shall in any case whatsoever be seized and carried
before a Justice, he shall, if necessary, cause the same to be
secured for the purpose of being produced in evidence
against any person who may be prosecuted for any offence
against this Act; and all such false and counterfeit coin,
and all instruments, tools and engines adapted and intended
for the making or counterfeiting of coin, and all such
machines, and all such filings, clippings, and bullion, and
all such gold and silver in dust, solution, or otherwise as
aforesaid, after they shall have been produced in evidence,

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COINAGE OFFENCES
s

or when they shall have been seized, and shall not be required
to be produced in evidence, shall forthwith be delivered up
to the Crown Solicitor, or any person authorized by the
Minister to receive the same.

13

22. Where any person shall tender, utter, or put off any Venue.
false or counterfeit coin in one parish or jurisdiction, and
shall also tender, utter, or put off any other false or counter-
feit coin in- any other parish or jurisdiction, either on the
day of such first-mentioned tendering, uttering, or putting
off, or within the space of ten days next ensuing, or where
two or more persons, acting in concert in different parishes
or jurisdictions shall commit any offence against this Act,
every such offender may be dealt with, indicted, tried, and
punished, and the offence laid and charged to have been
committed in any one of the said parishes or jurisdiction,
in the same manner in all respects as if the offence had been
actually and wholly committed within such one parish or
jurisdiction.

23. Every offence of falsely making or counterfeiting any Wherethe

ing, or putting off, or of offering to buy, sell, receive, pay, z $ l e .
utter, or put off any false or counterfeit coin against the
provisions of this Act shall be deemed to be complete,
although the coin so made or counterfeited, or bought, sold,
received, paid, tendered, uttered, or put off, or offered to be
bought, sold, received, paid, uttered, or put off shall not be
in a fit state to be uttered, or the counterfeiting thereof
shall not be finished or perfected.

counter-
coin, or buying, selling, receiving, paying, tendering, utter- f eitin coin

24. It shall be lawful for any person whatsoever to ~nyperson
apprehend any person who shall be found committing any hendmy may appre-

person com-
mitting any

offence.

indictable offence against this Act, and to convey or deliver
him to some constable, in order to his being conveyed, as indictable
soon as reasonably may be, before a Justice or some other
proper officer, to be dealt with according to law.

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14 COINAGE OFFENCES

No cer-
tiorari, etc.

Punishment
of principal
in the
second
degree, and
accessories.

Fine and
sureties for
keeping the
peace, 111
what cases.

25. No summary conviction under this Act shall be
quashed for want of form, or be removed by certiorari into
the Supreme Court, and no warrant of commitment shall be
held void by reason of any defect therein, provided it be
therein alleged that the party has been convicted, and there
be a valid conviction to sustain the same.

26. In the case of every felony punishable under this Act
every principal in the second degree, and every accessory
before the fact, shall be punishable in the same manner as
the principal in the first degree is by this Act punishable;
and every accessory after the fact to any felony punishable
under this Act, shall be liable to be imprisoned for any term
not exceeding two years, with or without hard labour.

27. Whenever any person shall be convicted of any
indictable misdemeanour punishable under this Act, the
court may, if it shall think fit, in addition to, or in lieu of
any of the punishments by this Act authorized, fine the
offender, and require him to enter into his own recogniz-
ances, and to find sureties, both or either for keeping the
peace, and being of good behaviour; and in case of any
felony punishable under this Act, the court may, if it shall
think fit, require the offender to enter into his own
recognizances, and to find sureties both or either for keeping
the peace, in addition to any punishment by this Act
authorized :

Provided that no person shall be imprisoned under this
section for not finding sureties for any period exceeding
one year.

c.
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i