JB/067/090/002

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Defraudment – Coin. Tab. of Contents Frauds relative to the Coin

Pt. I.

– Frauds relative to the Coin
are of the nature of Forgery.

– Improperly treated as a Treason.

Pt. II.

– Punishment for diminishers
and counterfeiters of the
Coin and their Confederates.

– Fraudulent Intent, what.
– Cases where the Intent may
not be fraudulent, viz;
1. Experiment. 2. Curiosity.
– Fraud not to be presumed.
– No Fraud to possess &c
or utter bad money when defaced.
– Defacing, what –
– Best method of defacing
– Presumptive evidences of
delinquency.

– Genuine Coin, what
– Proofs of confederacy with
Coiners.
– Uttering base Coin without
confederacy with the Coiners
punishable as a Simple Mercantile
Fraud.

Pt. III.

– Auxiliary provisions against
Coining.

I. Provisions against Preliminary
Offences.
1. Prohibiting immediate Instruments.
2. Prohibiting remove Instruments.
3. Prohibiting kindred Arts.
4. Regulating kindred Arts.

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Pt. III.

– Punishment for having to
do with instruments used in Coining.

– Provisions of Procedure.
1. Coining Tools &c may be
seized.
2. Also Filings &c if in the same
place. – Clippings, what – The
same place, what –
3. Or in large quantities though
by themselves.
4. Also Washings if in the
same place.
5. Persons privy compellable
to inform &c
6. p. 10.

II. Provisions for increasing
the Difficulty of Imitation.
1. Multiplying strokes
2. Multiplying instruments.
3. Prohibiting similar metallic
compositions.
– Freshness of the Coin. –
(– Metals prohibited should be
accurately described.)

III. Monitory Provisions.
– Provisions for settling disputes –
– Introduction –
– Bad Coin may be cut by any to
whom it is tendered.
– Provisions of Procedure.
– Disputes how to be determined.
– The money how to be secured as
Evidence.
– Judge appointed for the occasion.
– His order how to be executed.
– Appeal –
– Money how to be secured.
– Officer of the Mint to be called in.

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Pt. IV.

Quest I. Why a man is not
made criminally responsible for putting
off bad Coin which he has innocently
received? – Reasons –

(Provision in a British Law
punishing on Presumption of Complicity –
– Temerity of such presumption –
– Another Provision inferring
Complicity from other circumstances
– Temerity of this Presumption.
– See Introd. Ch. of Cases where
Punishment is improper
– Presumptions drawn by the
Legislator require more caution
than when drawn by the Judge.
– The Lenity of the Judge an
unsafe dependence.
– Making the Law more peremptory
is no sufficient reason.
– The punishment in this
case is either too great or else
too little.
– Punishment pro modo probationum
holds not here.
– See Comment, sur l'Ordonn.
criminelle par M. Jousse.
– In what circumstances the
Act in question might be made
Penal.)

Quest IId. Why foreign Coin is put
upon the same footing as Domestic?
– Reasons – Mischief the same or
nearly so –
1. Primary mischief.
– It is as likely to fall on subjects
as on Foreigners.
– If it falls on Foreigners it ought
still to be considered.
– A man's not being being obliged to
accept makes no difference.
2. Secondary Mischief

Quest. IIId. Why Coins of
different metal are put upon the
same Footing? – Reasons –
– The smallness of the value
is compensated by the quantity.
– The smaller the value of the
Coin the more likely the loss is to
fall on the poor.

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Pt. IV

– A Loss upon the more valuable metal
will fall more severely upon
the poor where it does fall.
– But they will be proportionably
anxious to prevent it.
– Circumstances of different Nations –

Quest IV. Why fraudulently
uttering without Confederacy is
not punished as Coining? –
Reasons –

Question V. Why the Punishment
for Coining is so severe?
Reasons –
1. Because of the difficulty of detection.
+See Explanation 1st. of the 1st. Rules of
Proportion between Punishments and
Offences.
2. Because a single Act is conclusively
presumptive of a Habit.
+See Explanation 3d. of the 1st. Rule
of Proportion between Punishments
and Offences.
– No danger in making the
Punishment greater than for Robbery.

Identifier: | JB/067/090/002 "JB/" can not be assigned to a declared number type with value 67.
Date_1		Marginal Summary Numbering
Box	067	Main Headings	penal code
Folio number	090	Info in main headings field	defraudment - coin tab. of contents frauds relative to the coin
Image	002	Titles
Category	plan	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks	[[watermarks::s. lay [britannia with shield emblem]]]
Marginals		Paper Producer	alexander mavrokordatos
Corrections		Paper Produced in Year
Notes public		ID Number	21923
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