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Coinage Offences Act 1832

Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia

Coinage Offences Act 1832
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The Coinage Offences Act 1832 (2 & 3 Will. 4. c. 34) was an act of the Parliament of the United Kingdom that consolidated for the United Kingdom 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.

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Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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]

In 1827, several acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:

In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming:[5]

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 c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 enactments relating to the criminal law.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 c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 enactments relating to the Criminal law.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 enactments relating to the criminal law.

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Passage

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]

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Legacy

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 enactments

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Section 1 of the act repealed 49 enactments, listed in that section, 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]

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Parliament of Great Britain
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 act.
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 act.
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 act.
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.

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See also

Notes

  1. Section 2.
  2. Vulgo. Cited as 20 Edw. 1. Stat. 4 in the Statutes at Large, see Statutes of uncertain date.
  3. Vulgo. Cited as 20 Edw. 1. Stat. 5 in the Statutes at Large, see Statutes of uncertain date.
  4. Vulgo. Cited as 20 Edw. 1. Stat. 6 in the Statutes at Large, see Statutes of uncertain date.
  5. 9 Edw. 3. Stat. 2. c. 9 was already repealed by the Continuance, etc. of Laws Act 1623 (21 Jas. 1. c. 28).
  6. Also cited as 4 Hen. 5 c. 6.
  7. Also cited as 4 Hen. 5 c. 6.
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References

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