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Counterfeit-
ing foreign
gold and
silver coin,
not current
in Canada.

(24-25 V., c.
99, s. 18.]
Bringing such
counterfeit
coin into
Canada.

[24-25 V., c.
99, s. 19.]

Penalty for

uttering such counterfeit

vince in which such offence is alleged to have been committed. 32-33 V., c. 18, s. 17, part.

19. Every one who makes or counterfeits any kind of coin not being current gold or silver coin, but resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state or country, is guilty of felony, and liable to seven years' imprisonment 32-33 V., c. 18, s. 18.

20. Every one who, without lawful authority or excuse, the proof whereof shall lie on him, brings or receives into Canada any such false or counterfeit coin, resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state or country, not being current coin, knowing the same to be false or counterfeit, is guilty of felony, and liable to seven years' imprisonment. 32-33 V., c. 18, s. 19.

21. Every one who tenders, utters or puts off any such false or counterfeit coin, resembling or apparently intended to reforeign coin. semble or pass for any gold or silver coin of any foreign prince, state or country, not being current coin, knowing the same to be false or counterfeit, is guilty of a misdemeanour, and liable to six months' imprisonment :

[24-25 V., c. 97, ss. 20-21.]

Second offence.

Subsequent offence

Having such

coin in possession.

Counterfeiting foreign coin, other

than gold and

silver coin.
[24-25 V., C.
99, s. 22.]

2. Every one who, having been convicted of any such offence, afterwards commits the like offence of tendering, uttering or putting off any such false or counterfeit coin, as aforesaid, knowing the same to be false or counterfeit, is guilty of a misdemeanour, and liable to imprisonment for any term less than two years:

3. Every one who, having been twice convicted of any such offence, afterwards commits the like offence of tendering, uttering or putting off any such false or counterfeit coin, as aforesaid, knowing the same to be false or counterfeit, is guilty of felony, and liable to seven years' imprisonment. 32-33 V., c. 18, ss. 20 and 21.

22. Every one who, without lawful authority or excuse, the proof whereof shall lie on him, has in his possession or custody any forged, false or counterfeit piece or coin, counterfeited to resemble any foreign gold or silver coin described in the three sections next preceding, knowing the same to be false or counterfeit, with intent to 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. 22.

23. Every one who falsely makes or counterfeits any kind of coin, not being current coin, but resembling or apparently intended to resemble or pass for any copper coin, or any other coin made of any metal or mixed nietals, of less value than the silver coin of any foreign prince, state or country, is guilty of

a misdemeanour, and liable, for the first offence, to one year's imprisonment; and for any subsequent offence, to seven years' imprisonment. 32-33 V,, c. 18, s. 23.

24. Every one who, without lawful authority or excuse, the Persons proof whereof shall lie on him,—

who

or have unlaw

[24-25 V., c.

(a.) Knowingly makes or mends, or begins or proceeds to Make, mend make or mend, or buys or sells, or has in his custody or posses- fully posses sion any puncheon, counter puncheon, matrix, stamp, die, sion of any pattern or mould, in or upon which there is made or impressed, coining tools. or which will make or impress, or which is adapted and in- 99, s. 24.) tended to make or impress the figure, stamp or apparent resemblance of both or either of the sides of any current gold or silver coin, or of any coin of any foreign prince, state or country, or any part or parts of both or either of such sides,(b.) Makes or mends, or begins or proceeds to make or Or any edging mend or buys or sells, or has in his custody or possession any edger, edging or other tool, collar, instrument or engine adapted and intended for the marking of coin round the edges with letters, grainings, or other marks or figures, apparently resembling those on the edges of any such coin as in this section aforesaid, knowing the same to be so adapted and intended as aforesaid, or

instrument.

age
cutting

(c.) Makes or mends or begins or proceeds to make or mend, or any coinor buys or sells, or has in his custody or possession, any press press or for coinage, or any cutting engine for cutting by force of a engine, screw or of any other contrivance, round blanks out of gold, silver or other metal or mixture of metals, or any other machine, knowing such press to be a press for coinage, or knowing such engine or machine to have been used or to be intended to be used for or in order to the false making or counterfeiting of any such coin as in this section aforesaid,

Is guilty of felony, and liable to imprisonment for life. 32-33 Punishment. V., c. 18, s. 24.

tools or

the mint with

25. Every one who, without lawful authority or excuse, the Conveying proof whereof shall lie on him, knowingly conveys out of any moneys, or of Her Majesty's mints into Canada, any puncheon, counter metal out of puncheon, matrix, stamp, die, pattern, mould, edger, edging or out authority. other tool, collar, instrument, press or engine, used or employed [24-25 V., c. in or about the coining of coin, or any useful part of any of the 99, 25.1 several articles aforesaid, or any coin, bullion, metal or mixture, of metals, is guilty of felony and liable to imprisonment for life. 32-33 V., c. 18, s. 25.

26. If any coin is tendered as current gold or silver coin Coin susto any person who suspects the same to be diminished other- ected to be diminished or wise than by reasonable wearing, or to be counterfeit, such counterfeit person may cut, break, bend or deface such coin, and it any coin so cut, broken, bent or defaced appears to be dimi nished otherwise than by reasonable wearing, or to be counter

may be cut.

Who shall

[24-25 V., C. 99, s. 26.)

feit, the person tendering the same shall bear the loss thereof; bear the loss. but if the same is of due weight, and appears to be lawful coin, the person cutting, breaking, bending or defacing the same, shall be bound to receive the same at the rate for which it was coined:

Disputes, how decided.

Revenue offi

such coin.

2. If any dispute arises whether the coin so cut, broken, bent or defaced, is diminished in manner aforesaid, or counter feit, it shall be heard and finally determined in a summary manner by any justice of the peace, who may examine, upon oath, the parties as well as any other person, for the purpose of deciding such dispute, and if he entertains any doubt in that behalf, he may summon three persons, the decision of a majority of whom shall be final :

3. Every officer employed in the collection of the revenue in cers to destroy Canada shall cut, break or deface, or cause to be cut, broken or defaced, every piece of counterfeit or unlawfully diminished gold or silver coin which is tendered to him in payment of any part of such revenue in Canada. 32-33 V., c. 18, s. 26.

[blocks in formation]

Unlawful manufacture

or importa

coin.

27. Every offence of falsely making or counterfeiting any coin, or of buying, selling, receiving, paying, tendering, uttering or putting off, or of offering to buy, sell, receive, pay, utter or put off, any false or counterfeit coin, against the provisions of this Act, shall be deemed to be complete, although the coin so made or counterfeited, or bought, sold, received, paid, tendered, uttered or put off, or offered to be bought, sold, received, paid, tendered, uttered or put off, was not in a fit state to be uttered, or the counterfeiting thereof was not finished or perfected. 32-33 V., c. 18, s. 32.

MANUFACTURE AND IMPORTATION OF UNCURRENT COPPER COIN.

28. Every one who manufactures in Canada any copper or brass coin, or imports into Canada any copper or brass coin, tion of copper other than current copper coin, with the intention of putting the same into circulation as current copper coin, shall, on summary conviction, be liable to a penalty not exceeding twenty dollars for every pound Troy of the weight thereof; and all such copper or brass coin so manufactured or imported shall be forfeited to Her Majesty, for the public uses of Canada. 31 V., c. 47, ss. 1 and 2.

Seizure of such coin.

29. Any two or more justices of the peace, on the oath of a credible person, that any copper or brass coin has been unlawfully manufactured or imported, shall cause the same to be seized and detained, and shall summon the person in whose Forfeiture on possession the same is found, to appear before them; and if it appears to their satisfaction, on the oath of a credible witness, other than the informer, that such copper or brass coin has been manufactured or imported in violation of this Act, such justice shall declare the same forfeited, and shall place the same

proof.

in safe keeping to await the disposal of the Governor General, for the public uses of Canada.

31 V., c. 47, s. 3.

30. If it appears, to the satisfaction of such justices, that When the the person in whose possession such copper or brass coin was penalty shall be enforced. found, knew the same to have been so unlawfully manufactured or imported, they may condemn him to pay the penalty aforesaid with costs, and may cause him to be imprisoned for a term not exceeding two months, if such penalty and costs are not forthwith paid. 31 V., c. 47, s. 4.

from the

31. If it appears, to the satisfaction of such justices, that Recovery the person in whose possession such copper or brass coin was owner in cerfound was not aware of it having been so unlawfully manufac- tain cases. tured or imported, the penalty may, on the oath of any one credible witness, other than the plaintiff, be recovered, from the owner thereof, by any person who sues for the same in any court of competent jurisdiction. 31 V., c. 47, s. 5.

seize such

32. Any officer of Her Majesty's customs may seize any Officer of cuscopper or brass coin imported or attempted to be imported into toms may Canada in violation of this Act, and may detain the same as coin. forfeited, to await the disposal of the Governor General, for the public uses of Canada. 31 V., c. 47, s. 6.

33. Every one who utters, tenders or offers in payment any Uttering uncopper or brass coin, other than current copper coin, shall lawful cop per forfeit double the nominal value thereof:

coin.

2. Such penalty may be recovered, with costs, in a summary Recovery of manner, on the oath of one credible witness, other than the penalty. informer, before any justice of the peace, who, if such penalty and costs are not forthwith paid, may cause the offender to be imprisoned for a term not exceeding eight days. 31 V., c. 47, ss. 7 and 8.

34. A moiety of any of the penalties imposed by any of the Application of five sections next preceding, but not the copper or brass coins penalties. forfeited under the provisions thereof, shall belong to the informer or person who sues for the same, and the other moiety shall belong to Her Majesty, for the public uses of Canada. 31 V., c. 47, s. 9.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

A. D. 1886.

Interpreta-
tion.
"Cattle."

Setting fire to a church, chapel, &c.

[24-25 V., c. 97, s. 1.]

Setting fire to

a dwelling

CHAPTER 168.

An Act respecting Malicious Injuries to Property.

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, the expression cattle" includes any horse, mule, ass, swine, sheep, or goat, as well as any neat cattle or animal of the bovine species, and whatever is the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial. name it is known, and shall apply to one animal as well as to many. 32-33 V., c. 22, s. 44;-40 V., c. 29, s. 2.

INJURIES BY FIRE TO BUILDINGS AND GOODS THEREIN.

2. Every one who unlawfully and maliciously sets fire to any church, chapel, meeting-house or other place of divine worship, is guilty of felony and liable to imprisonment for life. 32-33 V., c. 22, s. 1.

3. Every one who unlawfully and maliciously sets fire to any dwelling-house, any person being therein, is guilty of person being felony, and liable to imprisonment for life. 32-33 V., c. 22,

house, any

therein.

[24-25 V., c.
97, s. 2.]
Setting fire to
a house, out-

manu

hose factory, farm building, &c.

[24 25 V., c. 97, s. 3.]

Setting fire to any railway

station, &c.

s. 2.

4. Every one who unlawfully and maliciously sets fire to any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, storehouse, granary, hovel, shed or fold, or to any farm bullding, or to any building or erection used in farming land, or in carrying on any trade or manufacture or any branch thereof, whether the same is then in the possession of the offender, or in the possession of any other person, with the intent thereby to injure or defraud any person, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 22, s. 3 ;-35 V., c. 34, s. 1.

5. Every one who unlawfully and maliciously sets fire to any station, engine-house, warehouse or other building, be[24-25 V., c. longing or appertaining to any railway, port, dock or harbour, or to any canal or other navigable water, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 22, s. 4.

97, s. 4.]

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