Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reciting that preventing the Currency of clipt and counterfeit Money is the most effectual Means to preserve the Coin; and that by the Law no Person ought to pay or tender such Money; and that by the antient Statutes Persons are required to destroy same.
Reasons for passing Stat. 8 & 9 W. III. c. 28. § 1; Reciting that no Provision is made by the said Act that Tellers of the Exchequer shall refuse Money not of full Weight.; Reasons for passing this Act; Persons to whom unlawful Money is tendered, may break or deface the same; and if counterfeit, Persons tendering the same to bear the Loss; if good, same to be taken.; Disputes to be determined by Officers of Corporation, or if out of a Corporation, then by Justice; who may administer an Oath for that Purpose.
Whereas the preventing the Currency of Clipt and unlawfully diminisht and counterfeit Money is a more effectuall Meanes to preserve the Coine of this Kingdome entire and pure then the most rigorous Laws for the Punishment of such as diminish or counterfeit the same And whereas by the knowne Laws of this Kingdome no Person ought to pay or knowingly Tender in Payment any counterfeit or unlawfull diminisht Money and all Persons not onely may refuse to [receive (fn. 1) ] the same but may and by the Ancient Statutes and Ordinances of this Kingdome have been required to destroy and deface the same & more especially the Tellers in the Receipt of the Exchequer by their Duty and Oath of Office are required to receive no Money but good and true and to the end the same might the better be discerned and knowne by the ancient course of the said Receipt of the Exchequer all Money ought to be received there by Weight as well as Tale for the restoreing of which Course [together (fn. 1) ] with other things an Act was made in the last Session of this present Parliament intituled An Act for the better Observation of the Course anciently used in the Receipt of the Exchequer whereby amongst other things it is enacted That the respective Tellers of the said Receipt of the Exchequer when any Money shall be brought to the said Receipt of the Exchequer to be there paid shall without delay receive it weighing the same in entire Su[m]ms or otherwise and makeing due Entry of the Weight and Tale thereof according to the ancient Course but no Provision is made in the said Act that the said Tellers shall refuse to receive the said Money in case it shall not be of its due Weight & the former and ancient Laws being grown into Desuetude whereby unlawfully diminisht and Counterfeit Money receive a Currency and wicked and trayterous Persons are encouraged to diminish and counterfeit the same now to the end the Kingdome after so vast a Charge and Expence for the Reformation of the Silver Coine & restoring it to its due Weight and Purity may not relapse into the same Evil from which it hath been so lately delivered with great difficulty and Hazard and that counterfeit and unlawfully diminisht Money which already begins to encrease may be defaced & destroyed be it declared and enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in Parliament assembled and by Authority of the same That it is and shall be lawfull to and for any Person to whom any Silver Money shall be tendred any Peice or Peices whereof shall be diminisht otherwise than by reasonable wearing or that by the Stamp Impression Colour or Weight thereof hee shall suspect to be counterfeit to cutt breake or deface such Piece or Pieces and if any Peice so cutt broken or defaced shall appeare to be counterfeit the Person tendring the same shall beare the losse thereof but if the same shall be of due Weight and appeare to be lawfull Money the Person that cutt broke or defaced the same shall and is hereby required to take & receive the same att the Rate it was coined for [and if any Question or Dispute shall arise whether the Peice so cutt be counterfeit it shall be heard and finally determined by the Mayor Bayliffe or Bayliffs or other Chief Officer of any City or Towne Corporate where such Tender shall be made and if such Tender shall be made out of any City or Towne Corporate then by the next Justice of the Peace of the County inhabiting or being neare the Place where such Tender shall be made and the said Mayor or other Chief Officer and Justice of the Peace shall have full Power and Authority to administer an Oath as hee shall see convenient to any Person for the determining any Questions relateing to the said Peice. (fn. 2) ]
II. The Tellers of the Exchequer and Receivers General of the Revenue to break and deface all unlawful Silver Money tendered in Payment of Duties, &c; and to weigh all Silver Money received; and the same, if counterfeit, not to be received by or from the said Officers.
And be it further enacted by the Authority aforesaid That the Tellers [of (fn. 3) ] the Receipt of the Exchequer and their Deputies and Clerks & the Receivers General of every Branch of His Majesties Revenue Aids Impositions Duties and Taxes given or granted or to be hereafter given or granted shall and are hereby required to cutt breake or deface or cause to be cutt broken or defaced every Peice of counterfeit or unlawfully diminisht Silver Money that shall be tendred in Payment to them to the Use of His Majesty His Heires or Successors or for any Part, of the Revenue Aids Impositions Duties or Taxes of His Majestie His Heires or Successors And the better to discover Silver Money that is counterfeit or unlawfully diminisht from that which is good and true the Tellers and Receivers General and their respective Deputies and Clerks shall weigh in whole Su[m]ms or otherwise all Silver Money by them received And if the same or any Piece thereof shall by [the (fn. 4) ] Weight or otherwise appeare to be counterfeit or unlawfully diminisht the same shall not be received by or from them in the said Receipt of the Exchequer nor be allowed them upon their respective Accounts.
III. 8 & 9 W. III. c. 26. continued until 25th March 1701, &c.
And be it further enacted by the Authority aforesaid That an Act made the last Session of this present Parliament entituled An Act for the better preventing the counterfeiting the current Coine of this Kingdome and every Article and Clause therein contained shall from henceforth continue and be of force until the Five and twentieth Day of March which shall be in the Yeare of our Lord One thousand seven hundred and one and from thence to the end of the next Session of Parliament.