Offences against the Government Act 1859 (SA)

ANNO VICESlMO SEC'UNllO E'I' VICESIMO 'l'ERTI0

no. 5.

Att Act for cotasolidatiny the Statute L a w .force ill South Australia

~ e ~ d t i r y to Indictable Ofences (not being Treason) against H e r

Majes fy the &wen and Her Goverwment.

[Assented to, 1st Septembcr, 1859.)

W HEREAS it is cxpdient to consalidate the Statute Law in PreanllJe.

force in the Yrovincc of South Australia rclating to indictilble offences (not being treason) against Her Majesty the Queen and Her Government-Re it theref'orc Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of' the Legislative Council and House of Assembly of the said Province, in this present Parliament assenlblecl as follows:

-4s to en~bemlen~cnt by public servalits:

1. TVhosoever, being employed in thc public service of Her Majesty Etnbt.zslcmcnt by

in the said Province, and intuustcd by virtue of such employtnent with ~,",7~~9in Queen''

the receipt, custody, management, or control of any chattel, money, or z W. 4, c. 4, ~.	1, 6,2.
d u a b l e security, shall errrbezr/,le the same or any part thereof, or in any manner fraurlulently apply or dispose of the same or any part thereof to his own use or benefit, or for any purpose whatsoever ex- cept for the public service, shall be deemed to have stolen the samc,
and shall be guilty of felony, and being convicted thereof, shall be
liable, at the discretion of the Court, to be imprisoned for any term not exceeding eight years, with or without hard labor: Provided that every tally, ordcr, or other security ~vhatsoever entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, or to any share or interest in any fund of any body corporate, company, or society, or to any deposit in any Savings Bank, and every debenture,

M deed,

deed, bond, bill, note, warrant, order, or other security whatsoever, for money ur for payment of money, whether of the said Province, or of any other part of Her Majesty's Dominions, or of any Foreign State, and every warrant or order for the delivery or transfer of any goods, or valuable thing, shall throughout this section be deemed for every purpose to Ire included under and denoted by the words " valuable

defined. security ;" and if any person so employed and intrusted as afbresaid shall embezzle or fraudulently apply or dispose of any such valuiable security as aforesaid, he shall be deemed to have stolen the same within the intent and meaning of this section, and shall bc punishable thereby in the same manner as if he had stolen any clrattel of likevalue with the share, interest, or deposit to which such security may relate, or with the money due on such security or secured thereby ancl rc- maining unsatisfied, or with the value of the goods or other valuable thing mentioned in such security.

Indictment, &c. 2. I t s l d l be Ia~vful to charge in the indictment to be preferred

t w. 4, ~. 4,m.3,4.

against any offender under the preceding section, and to proceed apinst him for any number of distinct acts of embezzlement or of fraudulent application or disposition as in the last preceding section mentioned, not exceeding thee, which may have been committed by him within the space of six months from the first to the last of such acts; and in every suck indictment, except when the offence shall repate to any chattel, it shall be sufficient to allegc the embezzlement or fraudulent application or dispositiou to be of money, without specifying any particular coin or valuable security; and such alle- gation, so far as it regards the description of the property, shall be sustained if the offender shall be proved to have embezzled any amount, although the particular species of coin or ualuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled ariy piece of coin or any valuable security, or any portion of thc value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to some other person, and s ~ ~ c h part sllall have been rcturned accordingly; and in c-\-ery such case of embezzle- ment or fraudulent applicstion or clisposition as aforesaid of any

chattel, money, or valuable security, it s l r d be lawful, in thc order

of conimital by the Justice of the Peace before whom the offender shall be charged, and in t l ~ indictnient to be preferred against such offender, to lay the property of any such chattel, money, or valuable security as aforemid in Her Majesty.

As to offences relating to the coin:

Gounterfeiting g0H	3.	Whosoever shall falsely make or counterfeit any coin resembling,
and silver coin

z W. a, c. 34, a, ~ g. or apparently intended to resemble or pass for, any of the Queen's cnrrent gold or silver coin, shall be guilty of felony, and being con- victed thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four years, with or without hard labor, md with or without solitary confinement;

and

and every such offence shall be deemed to be complete although the coin so made or counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.

or saver@

4. Whosoever shaII gild or silver, m+ shdI, with m y wash or coin.

materials capable of producing the color of gold or of silver, wash, z w.4, C. 34,sa. 4, LA

color, or case over, any coin whatsoever resembling or apparently

intended to resemble or pass for any of the Queen's current gold or

silver coin, or whosoever shall gild or silver, or shall, with any wash

or materials capable of producing the colsr cif gold or of silver, wash,

color, or case over, any piece of silver or copper, or of coarse gold o r

coarse silver, or of any metal or mixture of metals respectively, being

of a fit size and figure to be coined, and with intent that the same

shall be coined, into false and counterfeit coin resembling or appa- rently intended to resemble or pass for any of the Queen's current gold or silver coin; or whosoever shall gild, or shall with any wash or materials capable of producing the color of gold, wash, color, or case over, any of the Queen's current silver coin, or file or in any manner alter such coin, with intent to makc the same resemble or pass for any of the Queen's current gdd coin; or whosoever shall gild or silver, or shall, with any wash or materials capablc of pro- ducing the color of gold or of silver, wash, color, or case over, any of the Queen's current copper coili, or file or in any manner alter such coin, with intent to make the same resemble or pass for any of the Queen's current gold or silver coin, shall be guilty of felony, and

being convicted thereof, shall be liable, at the discretion of the Court,

to be imprisoned for life or for any less term, with or without

hard labor, and with or without solitary confinement.

current gold or silver coin, with intent to nialie the coin so impaired, 5. Whosoever shall impair, dim in id^, or lighten any of the Queen's :%"'$l:;;&

diminishucd, or lightened pass for the Queen's current gold or silver coiu, shall be glxilty of felony, and being convicted thereof, shall be liable, at tho discretion of the Court, to be imprisoned for any term

not exccedirig eight years, with or without hard labor, and with or

without solitary confinement.

6. IYhosoever shall deface any of the Queen's current gold, silver, ~;f$n~~c;$ioz,

or copper coin, by stamping thereon any names or words, whether ,. 1.

such coin shall or shall not be thereby diminished or lightened, or shall use any machine or instrument for the purpose of bending the same, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to fine or imprisonment, or both, at the discretion of the Court.

buy, sell, receive, pay, or put off, any fdse or counterfeit coin re- come. 7. Whosoever shall buy, sell, receive, pay, or put off, or ofFe1 to $;$5gz;;i~eit

W. 41 34t 6* 19-

sembling, or apparently intended to resemble or pnss for, any of the Queen's current gold or silver coin, at or for a lower rate or value than the same by its denomination imports or was coined or counter-

fei t ed

feited for; or whosoever shall import into the said Province from beyond the seas any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the Queen's current gold or silver coin, knowing the same to be false or counterfeit, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisonecl for life or for any less term, with or without hard labor, and with or without solitary confinement.

u*ring

C O ~. counterfeit 8, Whosoever shall tender, utter, or put off any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the Queen's current gold or silver coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor, and being con- victed thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding one year, with or without hard labor, and with or without solitary confinement.

2 W. 4, C. 34, M. 7,19!

baee coin in possession. 9. Whosoever shall tender, utter, or put off any false or counter-	Utkt(Mg"dhav"~
2 W. 4, c. 34, ss. 7,19. feit coin resembling, or apparently intended to resemble or pass for,

any of the Queen's current gold or silver coin, knowing the same to be false or counterfeit, and shall, at the time of such tendering, uttering, or putting off, have in his possession, besides the false or counterfeit coin so tendered, uttered, or put off, any piece of false or

uttering counterfeit coin resembling, or apparently intended to resemble or

ten deys.

within pass for, any of the Queen's 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 tcnder, utter, or put off any more or other false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the Queen's current gold or silver coin, knowing the same to be false or counter- feit, shall be guilty of a misdemeanor, 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 labor, and with or without solitary confinement.

afOrmer

2 W. 4, c. 34, ss. 7,19, meanors in tlie last two preceding sections nicntioaed, shall after- conviction. 10. MThosoever, having beell convicted of any of the misdc- wards commit any of the said misdemeanors, shall be guilty of felony, and being convicted thereof shall be liable, at the discre- tion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary confine- ment.

intent to utter it. 11. Whosoever shall have in his custody or possession three or	Wavingsuehcoinwith
2 W. 4, C. 34, SS. 8,19. more pieces of false or counterfeit coin resembling, or apparently

intended to resemble or pass for, any of the Queen's current gold or silver coin, knowing the same to be false or counterfeit, and with intent to utter or put off the same, shall be guilty of a misde- meanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding three

years,

years, with or without hard labor, and with or without solitary

confinement.

12. Whosoever, being so convicted of the offence in the last ~~~~~~

preceding section mcntioncd, shall afterwards commit the like misde-	2 W. 4, c. 34, ss. 4 1 9.
meanor, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four ycars with or without hard labor,
and with or without solitary confinement.
13. Whosoever shall falsely make or counterfeit any coin resembling, or apparently intended to resemble or pass for, any of 2	Counterfeiting, &c,,

~ 4, ~. . 34, as. 1.2,19.

the Quecn's current copper coin; or wbosocver shall knowingly, and without lawful authority (the proof of which authority shall lie on the party accused), make or mend, or begin or procecd to make or mend, or buy or sell, or shall knowingly, and without lawful cxcusc (the proof of which excuse shall lie on the party accused), have in his custody or possession any instrument, tool, or engine adapted

and intended for the counterfeiting any of the Queen's current copper

coin; or 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 apparently intended to resemble or pass for, any of the Queen's current copper coin, at or for a lower rate or valuc than the same by its denomination imports, or was coined or was counterfeited for, shall be guilty of felony, and being conyicted thereof, shall be liable, at the discretion of' the Court, to be imprisoned for any term not exceeding four years, with or without hard labor, and with or with- out solitary confinement.

14. Whosoever shall tender, utter, or put off any false or counter- U4teringbasec0pper

feit coin resembling, or apparently intended to resemble or pass for, ?%?a,	C. 34, 88.12,is.
any of the Queen's current copper coin, knowing the same to be false or counterfcit, 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 of the Queen's current copper coin, knowing the same to be false or counterfeit, and with intent to utter or put off the same, shall be guilty of a rnisdemeanor, 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 with- out hard labor, and with or without solitary confinement.

15. Whosoever shall knowingly, and without lawful authority Makingorhaving,&c., coining tools.

(the proof of which authority shall lic on the party accused), make 2M. *,c.34, ss. 10,19.

or mend, or begin or proceed to mztkc or mend, or buy or sell, or

shall knowingly and without lawful excuse (the proof of which ex-

cuse shall lie on the party accused) 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 intended to make or impress,

the figure, stamp, or apparent resemblance of both or either of the

N sides

sides of any of the Queen's current gold or silver cob, or any part 04 both or either of such sides; or whosoever shall, without lawful authority (the proof whereof shall lie on the party accused), make or mend, or begin or proceed to make or mend, or buy or sell, or shall, without lawful excuse (the proof whereof shall lie on the party accused), have in his custody or possession any edger, edging tool, collar, instrument, or engine, adapted and intended for the marking of coin round the edges with letters, grainings, or other marks of figures apparently resembling those on the edges of any of the Queen's current gold or silver coin, knowing the same to be so adapted and intended as aforesaid; or whosoever shall, without 1awh.I authority, to be proved as aforesaid, make or mend, or begin or proceed to make or mend, or buy or sell, or shall, without lawful excuse, to be proved as aforesaid, have in his custody or possession, any press for coining, 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, such person knowing such press to be a press for coinage, or knowing such engine to have been used or to be intended to be used for or in order to the counterfeiting of any of the Queen's current gold or silver coin, shall be guilty of felony, and being con- victed thereof, shall be liable, at the discretion of the Court, to be irnprisoncd for life or for any less term, with or withont hard labor? and with or withont solitary confinement.

Interpretation clause. 16. WThere " the Qneen's current gold or silver coin," or " the

2 W. 4, C. 34, R. a l. Queen's current copper coin," shall be mentioned in any part of this Act, the same shall be deemed to include and denote any gold or silver win or any copper coin respectively coined in any of Her Majesty's mints, and lawfully current in any part of Her Majesty's dominions, whether within the United Kingdom or elsewhere; and any of the Queen's current coin which shall have been gilt, silvered, washed, colored, or cased over, or in any manner altered so as to resemble, or be apparently intended to resemble or pass for, any of the Queen's current coin of a higher denomination, shall be deemed and taken to be counterfeit coin within the intent and meaning of

those parts of this Act wherein mention is made of feit coin resembling, or apparently intended to resemble or pass for, " false or counter-

any of the Queen's current gold or silver coin ;" and where the having

any matter in the custody or possession of any person is in this Act expressed to be an offence, whosoever shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter 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 shdl be so had for his own use or benefit or for that of another, shall be deemed and taken to have such matter in his custody or possession within the meaning of this Act.

A s to offences relating to foxeign coin :

Uuunterkhiug

foreign coin. 17. Whosoever shall make, cain, or counterfeit ail): kind of coin

27 0. 3, c. 1x6, S. Y not

not the proper coin of the Realm, nor permitted to be current within the same, but resembling, or made with intent to resemble or look like, any gold or silver coin of any foreign Prince, State, or country, or to pass as such foreign coin, shall be guilty of felony, and being convicted thereof, shall be liable to be iiuprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement.

18. Whosoever shall bring into the said Province any such false or countedeit foreign coin as in the last preceding section mentioned, Province. ~; ~ ~ f j & ~; ~ $; ~ v

resembling, or made with intent to resemble or look like, any gold 37 G. 37 0a'-126t

3.

or silver coin of any foreign Prince, State, or country, or to pass as such foreign coin, knowing the same to be false or counterfeit, to the intent to utter the same within the said Province, or else- where, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with or without hard labor, and with or without solitary confine- ment.

19. Whosoever shall utter or tender in payment, or give in ex- rk:n$ifor putting

change, or pay or put off to any person, any such false or counterfeit 37 G. 3, c. 126, e. 4.

coin as in the seventeenth section of this Act mentioned, resembling,	:; ::;	T;	;	:; in6-
or made with intent to resemble or look like, any gold or silver coin
of any foreign Prince, State, or country, or to pass as such foreign
coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor, and being convicted thcteof, shall be imprisoned for the tern of six calendar months, and find sureties for his good behaviour for six calendar months more, to be computed from the end of the said first six calendar months; and whosoever, after being so convicted, shall commit a second timc the like offence of uttering, or tendering in payment, or giving in exchange, or paying or putting off, any such false or counterfeit coin as last aforesaid, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor, and being con- victed thereof, shall for such second offence be imprisoned for the

term of two years, ancl find sureties for his good behaviour for two	years more, to be computed from the end of the said first two years; and
whosoever, after being so convicted of a second offence, shall offend
a third time in uttering or tendering in payment, or giving in ex-
change, or paying or putting off, any such false or counterfeit coin
as last aforesaid, knowing the same to be false or counterfeit, and
shall be convicted of such third offence, shall be guilty of felony, and
be liable to be imprisoned for life or for any less term, with or with-
out hard labor, and with or without solitary confinement.

20. Whosoever shall make, coin, or counterfeit any kind of coin not Counterfeithg foreign copper coin.

the proper coin of the Realm, nor ordered by the Royal Procla-	Q. 3, c, 138, ,.
mation of Her Majesty to be deemed and taken as current money of the Realm or any part thereof, but resembling, or made with intent to resemble, any copper coin, or any other coin made of any metal or mixed metals of less value than the silver coin of any foreign Prince, State, or country respectively, or to pass as such foreign coin,

hall

shall be guilty of a misderneanor, and being convicted thereof, shall

for the first offence be imprisoned, with or without hard labor, for

my term not exceeding one year, and for the second offence shall be

imprisoned for any term not exceeding four years, with or without

hard labor.

As to other matters:

Fine and auretie8 for

the pane, ifi whst	21. I n all cases where any person shall be convicted of a misde- meanor under this Act, it shall be lawful for the Court, if it shall think fit, in addition to or in lieu of any of the punishments by this Act authorized, to fine the offender, and to require him to find sureties for keeping the peace and being of good behaviour, both or either; and in all cases of felonies in this Act mentioned, it shall be lawful for the Court, if i t shall think fit, to require the offender to find sureties for keeping the peace, in addition to any of the punishments by this Act authorized.
~ 8 s ~.
Hardlabor a n d d i -	22. Where imprisonment with or without hard labor may be awarded for any offence under this Act, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labor In the common gaol or house of correction; and where solitary confinement may be awarded for any offence under this Act, the Court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labor, not exceeding one month at any one time, and not exceeding three months in any one year.
tary confinement.
Act.
Commencement of	23. This Act shall commence and take effect from the passing thereof.
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Adelaide : Printed by authority, by W. C. Cox, Govortrment Printer, Victoria-square.