Coinage Offences Act 1832
The Coinage Offences Act 1832 (2 & 3 Will. 4. c. 34) was an act of the Parliament of the United Kingdom that consolidated England and Wales all legislation concerning the counterfeiting and clipping of coins into one act. Such conduct was often considered to be high treason: this act downgraded the offence to felony and abolished the death penalty for all coinage offences.
Background
[edit]In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.[3]
In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:[4]
- Benefit of Clergy
- Larceny and other Offences of Stealing
- Burglary, Robbery and Threats for the Purpose of Robbery or of Extortion
- Embezzlement, False Pretences, and the Receipt of Stolen Property
- Malicious Injuries to Property
- Remedies against the Hundred
In 1827, several acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:
- Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 statutes relating to the criminal law.
- Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice.
- Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny.
- Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming:[5]
- Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 statutes relating to the criminal law.
- Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice.
- Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny.
- Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 statutes relating to the criminal law. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.
In 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).
In 1830, the Forgery Act 1830 (11 Geo. 4 & 1 Will. 4. c. 66) was passed, which consolidated provisions in the law relating to forgery and repealed for England and Wales over 25 statutes relating to the criminal law.
Passage
[edit]The Coin Laws Consolidation Bill had its first reading in the House of Lords on 30 March 1832, presented by George Eden, 1st Earl of Auckland.[6] The bill had its second reading in the House of Lords on 5 April 1832 and was committed to a committee of the whole house,[6] which met and reported on 6 April 1832, without amendments.[6] The bill had its third reading in the House of Lords on 9 April 1832.[6]
The bill had its first reading in the House of Commons on 10 April 1832.[7] The bill had its second reading in the House of Commons on 16 April 1832 and was committed to a committee of the whole house, which met and reported on 9 May 1832, without amendments.[7] The bill had its third reading in the House of Commons on 10 May 1832.[7]
The bill was granted royal assent on 23 May 1832.[6]
Legacy
[edit]The Forgery, Abolition of Punishment of Death Act 1832 (2 & 3 Will. 4. c. 123) abolished the death penalty for offences of forgery except for forging wills and certain powers of attorney. This exception was abolished by the Forgery Act 1837 (7 Will. 4 & 1 Vict. c. 84).
The act was repealed by the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95).
Repealed acts
[edit]Section 1 of the act repealed 49 enactments, to take effect on 1 May 1832.[8] Section 1 also provided that for offenses and other matters committed or done before or on the last day of April 1832, that were previously punishable by death, the new punishment would be transportation "beyond the Seas" (likely to colonies) for life or a term not less than 7 years, or Imprisonment with or without hard labor not exceeding 4 years.[8]
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 20 Edw. 1. Stat. 4[b] | Statutum de Moneta | The Statutes concerning Money, commonly cited as of the Twentieth de Monetà, Year of the Reign of King Edward the First, and respectively intituled Statutum de Moneta, Statutum de Moneta parvum, and Articuli de Moneta. | The whole. |
| 20 Edw. 1. Stat. 5[c] | Statutum de Moneta parvum | The Statutes concerning Money, commonly cited as of the Twentieth de Monetà, Year of the Reign of King Edward the First, and respectively intituled Statutum de Moneta, Statutum de Moneta parvum, and Articuli de Moneta. | The whole. |
| 20 Edw. 1. Stat. 6[d] | Statutum de Moneta | The Statutes concerning Money, commonly cited as of the Twentieth de Monetà, Year of the Reign of King Edward the First, and respectively intituled Statutum de Moneta, Statutum de Moneta parvum, and Articuli de Moneta. | The whole. |
| 27 Edw. 1. Stat. 1 | Statutum de falsa Moneta | A Statute made in the Twenty- seventh Year of the same Reign, intituled Statutum de falsa Moneta. | The whole. |
| 9 Edw. 3. Stat. 2 | Statute of Money (Money, gold, silver) | A Statute made in the Ninth Year of the Reign of King Edward the Third, commonly intituled The Statute of Money. | The whole. |
| 17 Edw. 3 | De Moneoi (Of money) | A Statute made in the Seventeenth Year of the same Reign. | The whole. |
| 18 Edw. 3. Stat. 1 | Declaracio facta in Parliamento tento apud Westm. anno xvij de Exigend. | A Statute made in the Eighteenth Year of the same Reign. | As relates to false Money. |
| 25 Edw. 3. Stat. 5. c. 2 | Treason Act 1351 | A Statute made in the Twenty-fifth Year of the same Reign as relates to counterfeiting the King's Money, and to bringing false Money into this Realm. | As relates to counterfeiting the King's Money, and to bringing false Money into this Realm. |
| 25 Edw. 3. Stat. 5. c. 12 | Exchange of gold and silver | The same Statute as relates to taking Profit by Exchange of Gold and Silver, and to the impairing the Money of Gold and Silver. | As relates to taking Profit by Exchange of Gold and Silver, and to the impairing the Money of Gold and Silver. |
| 25 Edw. 3. Stat. 5. c. 13 | Gold and silver coin | The same Statute as relates to taking Profit by Exchange of Gold and Silver, and to the impairing the Money of Gold and Silver. | As relates to taking Profit by Exchange of Gold and Silver, and to the impairing the Money of Gold and Silver. |
| 27 Edw. 3. Stat. 2. c. 14 | Ordinance of the Staples 1353 | A Statute made in the Twenty-seventh Year of the same Reign, intituled Ordinatio Stapularum. | As relates to the Forfeiture of false Money. |
| 3 Hen. 5. Stat. 2. c. 6[e] | Treason Act 1415 | A Statute made in the Third Year of the Reign of King Henry the Fifth. | As relates to clipping, washing, and filing of the Money of the and to the Persons who shall have Power to hear, determine, or inquire of the counterfeiting and of the bringing of false Money into the Realm, and of clipping, washing, and every other Falsity of the said Money. |
| 3 Hen. 5. Stat. 2. c. 7[f] | Forgery Act 1415 | A Statute made in the Third Year of the Reign of King Henry the Fifth. | As relates to clipping, washing, and filing of the Money of the and to the Persons who shall have Power to hear, determine, or inquire of the counterfeiting and of the bringing of false Money into the Realm, and of clipping, washing, and every other Falsity of the said Money. |
| 19 Hen. 7. c. 5 | Coin Act 1503 | An Act passed in the Nineteenth Year of the Reign of King Henry the Seventh, intituled Pro Reformacione Pecuniaru. | The whole. |
| 5 & 6 Edw. 6. c. 19 | Money Act 1551 | An Act passed in the Fifth and Sixth Years of the Reign of King Edward the Sixth, intituled An Act touching the Exchange of Gold and Silver. | The whole. |
| 1 Mar. Stat. 2. c. 6 | Treason (No. 2) Act 1553 | An Act passed in the First Year of the Reign of Queen Mary, intituled An Act against counterfeiting of strange Coins being current within this Realm, or of the Queen's Highness' Sign Manual, Signet, or Privy Seal. | The whole. |
| 1 & 2 Ph. & M. | Counterfeit Coin Act 1554 | An Act passed in the First and Second Years of the Reign of King Philip and Queen Mary, intituled An Act for the Punishment of bringing in of counterfeit Coins of Foreign Realms being current within this Realm. | The whole. |
| 5 Eliz. 1. c. 11 | Clipping Coin Act 1562 | An Act passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act against clipping, washing, rounding, or filing of Coins. | The whole. |
| 14 Eliz. 1. c. 3 | Coin Act 1572 | An Act passed in the Fourteenth Year of the same Reign, intituled An Act against the forging and counterfeiting of Foreign Coin being not current within this Realm. | The whole. |
| 18 Eliz. 1. c. 1 | Coin Act 1575 | An Act passed in the Eighteenth Year of the same Reign, intituled An Act against the diminishing and impairing of the Queen's Majesty's Coin, and other Coins lawfully current within this Real. | The whole. |
| 6 & 7 Will. 3. c. 17 | Coin Act 1694 | An Act passed in the Sixth and Seventh Years of the Reign of King William the Third, intituled An Act to prevent counterfeiting and clipping the Coin of this Kingdom. | As relates to any Person who shall exchange, lend, sell , borrow, buy, receive, or pay any Broad Silver Money, or Silver Money unclipped, for more than the same was coined for or ought by Law to go for, or who shall buy or sell or knowingly have in his Custody or Possession any Clippings or Filings of the current Coin, and so much of the said Act as relates to the Discovery of any Offences touching the Coin of the Realm.
I.e., sections 2, 4 and 12. |
| 8 & 9 Will. 3. c. 26 | Coin Act 1696 | An Act passed in the Eighth and Ninth Years of the same Reign, intituled An Act for the better preventing the counterfeiting the current Coin of this Kingdom. | The whole. |
| 9 & 10 Will. 3. c. 21 | Coin (No. 2) Act 1697 | An Act passed in the Ninth and Tenth Years of the same Reign, intituled An Act for the better preventing the counterfeiting, clipping, and other diminishing the Coin of this Kingdom. | The whole. |
| 1 Ann. c. 3 | Assay of Plate Act 1702 | An Act passed in the First Year of the Reign of Queen Anne, intituled An Act for continuing the Act made made in the Eighth Year of His late Majesty's Reign, for better preventing the counterfeiting the current Coin of this Kingdom. | As relates to continuing the said last-mentioned Act, and to the Periods for commencing Prosecutions for certain Offences against the said last-mentioned Act. |
| Citation | Short title | Description | Extent of repeal |
| 7 Ann. c. 24 | Coinage Act 1708 | An Act passed in the Seventh Year of the Reign of Queen Anne, intituled An Act for continuing the former Act for the Encouragement of the Coinage, and to encourage the bringing Foreign Coins, and British or Foreign Plate to be coined, and for making Provision for the Mints in Scotland, and for the prosecuting Offences concerning the Coin in England. | As relates to the Expences of prosecuting Offences in counterfeiting, diminishing, or otherwise concerning the current Coins of Great Britain, in that Part thereof called England.
I.e., section 4. |
| 7 Ann. c. 25 | Perpetuation, etc., of Acts, 1708 | An Act passed in the same Year, intituled An Act for making perpetual an Act for the better preventing the counterfeiting the current Coin of this Kingdom , as also an Act for giving like Remedy upon Promissory Notes as is used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange, and also for continuing several Acts made in the Fourth and Fifth Years of Her Majesty's Reign, for preventing Frauds committed by Bankrupts. | As relates to making perpetual the Act of the Eighth Year of the Reign of King William the Third therein mentioned, and to the Period for commencing Prosecutions for certain Offences against the said Act of King William.
I.e., sections 1 and 2. |
| 15 Geo. 2. c. 28 | Counterfeiting Coin Act 1741 | An Act passed in the Fifteenth Year of the Reign of King George the Second, intituled An Act for the more effectual preventing the counterfeiting of the current Coin of this Kingdom, and the uttering or paying false or counterfeit Coin. | The whole. |
| 11 Geo. 3. c. 40 | Counterfeiting of Copper Coin Act 1771 | An Act passed in the Eleventh Year of the Reign of King George the Third, intituled An Act for the more effectually preventing the counterfeiting the Copper Coin of this Realm. | The whole. |
| 13 Geo. 3. c. 71 | Counterfeiting, etc., of Gold Coin Act 1772 | An Act passed in the Thirteenth Year of the same Reign, intituled An Act for the better preventing the counterfeiting, clipping, and other diminishing the Gold Coin in this Kingdom. | The whole. |
| 37 Geo. 3. c. 126 | Counterfeiting Coin Act 1797 |
An Act passed in the Thirty-seventh Year of the same Reign, intituled An Act to prevent the counterfeiting any Copper Coin in this Realm made or to be made current by Proclamation, or any Foreign Gold or Silver Coin, and to prevent the bringing into this Realm or uttering any counterfeit Foreign Gold or Silver Coin. |
As relates to Copper Money.
I.e., section 1. |
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 56 Geo. 3. c. 68 | Coin Act 1816 | An Act passed in the Fifty- sixth Year of the Reign of King George the Third, intituled An Act to provide for a new Silver Coinage, and to regulate the Currency of the Gold and Silver Coin of this Realm. | As relates to any Person who shall receive or pay for any Gold Coin any more or less than the true Value which such Gold Coin shall by its Denomination import, or who shall utter or receive any Gold Coin at any greater or less Rate or Value than the same shall be current for as therein mentioned.
I.e., sections 13 to 16. |
| 3 Geo. 4. c. 114 | Hard Labour Act 1822 | An Act passed in the Third Year of the Reign of King George the Fourth, intituled An Act to provide for the more effectual Punishment of certain Offences, by Imprisonment with hard Labour. | As relates to any Person convicted of being an Utterer of counterfeit Money. |
| 7 Geo. 4. c. 9 | Hard Labour (Ireland) Act 1826 | An Act passed in the Seventh Year of the same Reign, intituled An Act to provide for the more effectual Punishment of certain Offences in Ireland, by Imprisonment with hard Labour. | As relates to any Person convicted of being an Utterer of counterfeit Money. |
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 6 Parl. Jac. 2 (S) | N/A | An Act passed in the Sixth Parliament of King James the Second of Scotland, concerning Money and False Coin. | The whole. |
| 5 Parl. Jac. 3 (S) | N/A | An Act passed in the Fifth Parliament of King James the Third of Scotland, concerning Black Money of other Realms, and Counterfeits of the King's Black Money. | The whole. |
| 8 Parl. Jac. 3 (S) | N/A | An Act passed in the Eighth Parliament of the said King James the Third, ordaining, that neither Silver nor Gold Coin be molten or put to the Fire without Licence of the King. | The whole. |
| 7 Parl. Jac. 5 (S) | N/A | An Act passed in the Seventh Parliament of King James the Fifth of Scotland, intituled Tuiching the Croun of Wecht. | The whole. |
| 7 Parl. Jac. 5 (S) | N/A | Another Act passed in the same Seventh Parliament, intituled Of them that counterfeit the King's Money. | The whole. |
| 9 Parl. Mary (S) | N/A | An Act passed in the Ninth Parliament of Queen Mary of Scotland, intituled Anentis the carrying and having of Gold and Silverfurth of the Realm. | The whole. |
| 9 Parl. Mary (S) | N/A | Another Act passed in the same Ninth Parliament, intituled Anentis the Hamebringing of False Cuinzie, and using of the samin within this Realm, and als anentis Forgers and Markers thereof within the samin. | |
| 1 Parl. Jac. 6 (S) | N/A | An Act of the Parliament of Scotland, passed in the First Parliament of King James the Sixth of Scotland, intituled Anent Cunzie. | The whole. |
| 1 Parl. Jac. 6 (S) | N/A | Another Act of the Parliament of Scotland, passed in the same First Parliament, intituled Anentfals Cunzie. | The whole. |
| 1 Parl. W. (S) | N/A | An Act of the Parliament of Scotland, made in the First Parliament of King William the Third, intituled Act against false coining and clipping of Money. | The whole. |
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 3 Edw. 4. c. 3 (I) | N/A | An Act passed in the Third Year of the Reign of King Edward the Fourth, intituled An Act against Clipped Money. | The whole. |
| 28 Eliz. 1 c. 6 (I) | N/A | An Act passed in the Twenty-eighth Year of the Reign of Queen Elizabeth, intituled An Act against forging and counterfeiting of Foreign Coin. | The whole. |
| 8 Anne c. 6 (I) | N/A | An Act passed in the Eighth Year of the Reign of Queen Anne, intituled An Act for the better preventing the counterfeiting the current Coin of this Kingdom. | The whole. |
| 4 Geo. 1. c. 9 (I) | N/A | An Act passed in the Fourth Year of the Reign of King George the First, intituled An Act for continuing, reviving, and amending several Statutes made in this Kingdom heretofore temporary. | As relates to the said last-mentioned Act of Queen Anne.
I.e., section 5. |
| 23 & 24 Geo. 3. c. 50 (I) | N/A | An Act passed in the Twenty-third and Twenty-fourth Years of the Reign of King George the Third, intituled An Act for more effectually preventing the counterfeiting of the current Coin of this Kingdom, and the uttering or paying of false or counterfeit Coin. | The whole. |
| 26 Geo. 3. c. 39 (I) | N/A | An Act passed in the Twenty-sixth Year of the same Reign, intituled An Act to prevent the Practice of fraudulently buying and selling of light Coin in this Kingdom. | The whole. |
See also
[edit]- High treason in the United Kingdom
- Capital punishment in the United Kingdom
- Treason Act 1351
- Treason Act 1415 (also Coin Acts 1572 and 1575)
- Coin Act 1732
- Treason Act
- Coinage Offences Act
- Peel's Acts
- Statute Law Revision Act
Notes
[edit]- ^ Section 2
- ^ Vulgo. Cited as 20 Edw. 1. Stat. 4 in the Statutes at Large, see Statutes of uncertain date.
- ^ Vulgo. Cited as 20 Edw. 1. Stat. 5 in the Statutes at Large, see Statutes of uncertain date.
- ^ Vulgo. Cited as 20 Edw. 1. Stat. 6 in the Statutes at Large, see Statutes of uncertain date.
- ^ Also cited as 4 Hen. 5 c. 6.
- ^ Also cited as 4 Hen. 5 c. 6.
References
[edit]- ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
- ^ a b Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.
This article incorporates text from this source, which is in the public domain.
- ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
- ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. p. 436.
- ^ Companion to the Almanac, Or Yearbook of General Information for ... 1835. p. 161.
- ^ a b c d e Lords, Great Britain House of (1832). Journals of the House of Lords. Vol. 64. pp. 137, 149, 152, 158, 201, 228. Retrieved 27 October 2024.
- ^ a b c Commons, Great Britain House of (1832). The Journals of the House of Commons December 6, 1831-October 16, 1832: Vol 87. Vol. 87. Out-of-copyright. pp. 264, 266, 282, 303, 305, 331. Retrieved 27 October 2024.
- ^ a b The Statutes of the United Kingdom of Great Britain and Ireland. George Eyre and Andrew Strahan, Printers to the King's Most Excellent Majesty. 1832.
