CHAPTER 166. An Act respecting the fraudulent marking of Mer- A.D. 1886. chandise. This Act was repealed by 51 V., c. 41, "The Merchandise Marks Offences Act, 1888," which is substituted for it. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 167. An Act respecting Offences relating to the Coin. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In this Act, unless the context otherwise requires,(a.) The expression "current gold or silver coin" includes any gold or silver coined in any of Her Majesty's mints, or gold or silver coin of any foreign prince or state, or country, or other coin lawfully current, by virtue of any proclamation or otherwise, in Canada, or in any other part of Her Majesty's dominions; (b.) The expression "current copper coin" includes any copper coin and any coin of bronze or mixed metal coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in Canada, or any other part of Her Majesty's dominions; (c) The expression "copper or brass coin" includes coins and tokens of bronze, or of any other mixed metal, or other than gold or silver; (d.) The expression "false or counterfeit coin, resembling or apparently intended to resemble or pass for current gold or silver coin," or other similar expression, includes any of the current coin which has been gilt, silvered, washed, coloured or cased over, or in any manner altered so as to resemble or be apparently intended to resemble or pass for any of the current coin of a higher denomination ; (e.) The expression "current coin" includes any coin coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in Canada, or any other part of Her Majesty's dominions; and whether made of gold, silver, copper, bronze or mixed metal. 31 V., c. 47, s. 10;-32-33 V., c. 18. s. 1, part. 2. Whenever the having any matter in the custody or possession of any person is mentioned in this Act, it shall include not only the having of it by himself in his personal custody or possession, but also the knowingly and wilfully having it in the actual custody or possession of any other person, and also the knowingly and wilfully having it in any dwelling-house or other building, lodging, apartment, field or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter is so had for his own use or benefit, or for that of any other person. 32-33 V., c. 18, s. 1, part. ing current 3. Every one who falsely makes or counterfeits any coin Counterfeitresembling or apparently intended to resemble or pass for any gold or silver current gold or silver coin, is guilty of felony, and liable to coin. imprisonment for life. 32-33 V., c. 18, s. 2. [24-25 V., c. 99, s. 2.] pieces of them pass for [24-25 V., c. 4. Every one who gilds or silvers, or with any wash or Colouring any materials capable of producing the colour or appearance of gold coin or any or of silver, or by any means whatsoever, washes, cases over or metal with incolours any coin whatsoever, resembling or apparently intended tent to make to resemble or pass for any current gold or silver coin,-or gold or silver gilds or silvers, or with any wash or materials capable of coin. producing the colour or appearance of gold or silver, or by any 99, s. 3.] means whatsoever, washes, cases over or colours any piece of silver or copper, or of coarse gold or 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 apparently intended to resemble or pass for any current gold or silver coin, Colouring or -or gilds or, with any wash or materials capable of producing altering genuthe colour and appearance of gold, or by any means whatsoever, intent to washes, cases over or colours any current silver coin, or files or make it pass in any manner alters such coin, with intent to make the same higher value. resemble or pass for any current gold coin,—or gilds or silvers or with any wash or materials capable of producing the colour or appearance of gold or silver, or by any means whatsoever, washes, cases over or colours any current copper coin, or files or in any manner alters such coin with intent to make the same resemble or pass for any current gold or silver coin, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 18, s. 3. ine coin, with for coin of a coin. 5. Every one who impairs, diminishes or lightens any Impairing the current gold or silver coin, with intent that the coin so impaired, gold or silver diminished or lightened may pass for current gold or silver coin, [24-25 V., c. is guilty of felony, and liable to fourteen years' imprisonment. 99, s. 4.] 32-33 V., c. 18, s. 4. יי session of or silver coin, 6. Every one who unlawfully has in his custody or posses- Unlawful possion any filings or clippings, or any gold or silver bullion, or filings or clipany gold or silver in dust, solution or otherwise, which have pings of gold been produced or obtained by impairing, diminishing or [24-25 V., c. lightening any current gold or silver coin, knowing the same 99, s. 5.] to have been so produced or obtained, is guilty of felony, and liable to seven years' imprisonment. 32-33 V., c. 18, s. 5. 7. Every one who, without lawful authority or excuse, the Buying or proof whereof shall lie on him, buys, sells, receives, pays or counterfeit selling, &c., coin for lower gold or silver puts off, or offers to buy, sell, receive, pay or put off, any false value than its or counterfeit coin, resembling or apparently intended to resemdenomination ble or pass for any current gold or silver coin, at or for a lower rate or value than the same imports, or was apparently intended to import, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 18, s. 6, part. imports. [24-25 V., c. 99, s. 6.] Importing counterfeit coin. [24-25 V., c. 99, s. 7.] Exporting counterfeit coin. 99, s. 8.] 8. Every one who, without lawful authority or excuse, the proof whereof shall lie on him, imports or receives into Canada any false or counterfeit coin, resembling or apparently intended to resemble or pass for any current gold or silver coin, knowing the same to be false or counterfeit, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 18, s. 7. 9. Every one who, without lawful authority or excuse, the proof whereof shall lie on him, exports or puts on board any [24-25 V., c. ship, vessel or boat, or on any railway or carriage or vehicle of any description whatsoever, for the purpose of being exported from Canada, any false or counterfeit coin, resembling or apparently intended to resemble or pass for any current coin, or for any foreign coin of any prince, country or state, knowing the same to be false or counterfeit, is guilty of a misdemeanour, and liable to imprisonment for any term less than two years. 3233 V., c. 18, s. 8. Uttering counterfeit coin. 10. Every one who tenders, utters or puts off, any false or gold or silver counterfeit coin, resembling or apparently intended to resemble or pass for any current gold or silver coin, knowing the same to be false or counterfeit, is guilty of a misdemeanour, and liable to fourteen years' imprisonment. 32-33 V., c. 18, s. 9. [24-25 V., c. 99, s. 9. Passing light coin. 11. Every one who tenders, utters or puts off as being curgold or silver rent, any gold or silver coin of less than its lawful weight, knowing such coin to have been impaired, diminished or lightened, otherwise than by lawful wear, is guilty of a misdemeanour, and liable to one year's imprisonment. 32-33 V., c. 18, s. 10. Having coun siver coin in possession, &c. 12. Every one who has in his custody or possession any terfeit gold or false or counterfeit coin, resembling or apparently intended to resemble or pass for any current gold or silver coin, knowing the same to be false or counterfeit coin, and with intent to utter or put off any such false or counterfeit coin, is guilty of a misdemeanour, and liable to three years' imprisonment. 32-33 V., c. 18, s. 11. [24-25 V., c. 99, s. 11.) Subsequent offence after a 13. Every one who, having been convicted of any such misdemeanour as in any of the three sections next preceding mentioned, or of any misdemeanour or felony against this or any other Act relating to the coin, afterwards commits any of the misdemeanours in any of the said sections mentioned, is guilty of felony, and liable to imprisonment for life. s. 12. 32-33 V., c. 18, foreign coin, coin, with in 14. Every one who, with intent to defraud, tenders, utters Uttering or puts off, as or for any current gold or silver coin, any coin medals, &c., not being such current gold or silver coin, or any medal, or as current piece of metal or mixed metals, resembling, in size, figure and tent to decolour, the current coin as or for which the same is so tendered, fraud. uttered or put off, such coin, medal or piece of metal or mixed 225. 99, s. 13.1 metals so tendered, uttered or put off, being of less value than the current coin as or for which the same is so tendered, uttered or put off, is guilty of a misdemeanour, and liable to one year's imprisonment. 32-33 V., c. 18, s. 13. per coin; or [24-25 V., c. 15. Every one who falsely makes or counterfeits any coin Counterfeitresembling or apparently intended to resemble or pass for any ing, &c., copcurrent copper coin, or, without lawful authority or excuse, buying or the proof of which shall lie on him, knowingly makes or mends, ie than its selling it for or begins or proceeds to make or mend, or buys or sells, or denomination has in his custody or possession, any instrument, tool or engine imports, &c. adapted and intended for the counterfeiting any current cop- 99, s. 14.] per coin, or buys, sells, receives, pays or puts off, or offers to buy, sell, receive, pay or put off, any false or counterfeit coin, resembling or apparently intended to resemble or pass for any current copper coin, at or for a lower rate of value than the same imports or was apparently intended to import, is guilty of felony, and liable to seven years' imprisonment. 32-33 V., c. 18, s. 14. 16. Every one who tenders, utters or puts off any false or Uttering base counterfeit coin, resembling or apparently intended to resemble copper coin. [24-25 V., c. or pass for any current copper coin, knowing the same to be 9, s. 15.] false or counterfeit, or has in his custody or possession three or more pieces of false or counterfeit coin, resembling or apparently intended to resemble or pass for any current copper coin, knowing the same to be false or counterfeit, with an intent to utter or put off the same, or any of them, is guilty of a misdemeanour, and liable to one year's imprisonment. 32-33 V., c. 18, s 15. coin by stamp 17. Every one who defaces any current gold, silver or cop- Defacing the per coin, by stamping thereon any names or words, whether ing words such coin is or is not thereby diminished or lightened, and thereon. afterwards tenders the same, is guilty of a misdemeanour, and 24-25 V., c. liable to one year's imprisonment. 32-33 V., c. 18, s. 16. 99, s. 16.] 18. Every one who tenders, utters or puts off any coin so Uttering coin defaced, shall, on summary conviction before two justices of so defaced. [24-25 V., c. the peace, be liable to a penalty not exceeding ten dollars; 99, s. 17.1 but no person shall proceed for any such last mentioned penalty without the consent of the Attorney General for the Pro |