(b) any owner of any share or interest of or in the debt of any public body. or of or in the debt or capital stock of any body corporate, company, or society; or (c.) any owner of any dividend, coupon, certificate or money payable in respect of any such share or interest as aforesaid; or (d) any owner of any share or interest in any claim for a grant of land from the crown, or for any scrip or other payment or allowance in lieu of such grant of land; or (e) any person duly authorized by any power of attorney to transfer any such share, or interest, or to receive any dividend, coupon, certificate or money, on behalf of the person entitled thereto and thereby transfers or endeavours to transfer any share or interest belonging to such owner, or thereby obtains or endeavours to obtain, as if he were the true and lawful owner or were the person so authorized by such power of attorney, any money due to any such owner or payable to the person so authorized, or any certificate, coupon, or share warrant, grant of land, or scrip, or allowance in lieu thereof, or other document which, by any law in force, or any usage existing at the time, is deliverable to the owner of any such stock or fund, or to the person authorized by any such power of attorney. R.S.C., c. 165, s. 9. 459. Acknowledging any instrument in a false name.—Every one is guilty of an indictable offence and liable te seven years' imprisonment who, without lawful authority or excuse (the proof of which shall lie on him) acknowledges, in the name of any other person, before any court, judge or other person, lawfully authorized in that behalf, any recognizance of bail, or any cognovit actionem, or consent for judgment, or judgment, or any deed or other instrument. R.S.C., c. 165, s. 41. This article is to the same effect as sec. 34 of the Imperial statute, 24-25 Vict., c. 98. As to false personation of voters at parliamentary elections, see the Dominion Elections Act, R.S.C, c. 8, ss. 89, 90, and 103; and the North West Territories Representation Act, R.S.C., c. 7, s. 65. Where a person who applied for a ballot paper in a name which was not his own nor the name by which he was generally known, but which name appeared on the voters' list, and had been inserted therein by the officials who prepared the list under the belief that it was the applicant's name, he was held entitled to vote, and not guilty of the offence of personation. (1) It has been held that in an indictment for the offence of personating a voter, there should be an averment negativing the identity of the defendant with the voter alleged to have been personated. (2) A conviction for the offence of inducing a person to personate a voter was held good, though it did not set out the mode or facts of the inducement. (3) (1) R. v. Fox, 16 Cox, C. C. 166. In a prosecution for personation of a voter, it was held unnecessary to state in the indictment or to prove at the trial that the officer presiding at the polling booth, where the offence was committed, was duly appointed. (1) PART X X X V. OFFENCES RELATING TO THE COIN. 460. Interpretation of terms.-In this part, unless the context otherwise requires, the following words and expressions are used in the following senses: (a.) "Current gold or silver coin," includes any gold or silver coin 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 any part of Her Majesty's dominions. (b.) "Current copper coin," includes copper coin coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in any part of Her Majesty's dominions. (c.) "Copper coin," includes any coin of bronze or mixed metal every other kind of coin other than gold or silver. and (d.) "Counterfeit " means false, not genuine. (i.) Any genuine coin prepared or altered so as to resemble or pass for any current coin of a higher denomination is a counterfeit coin. (ii.) A coin fraudulently filed or cut at the edges so as to remove the milling, and on which a new milling has been added to restore the appearance of the coin, is a counterfeit coin. (e.) "Gild" and "silver," as applied to coin, include casing with gold or silver respectively, and washing and colouring by any means whatsoever with any wash or materials capable of producing the appearance of gold or silver respectively. (f.) "Utter" includes "tender" and "put off." R.S.C., c. 167, s. 1. Counterfeiting.-It is one of the royal prerogatives belonging to every sovereign prince that he alone in his own dominions may order and dispose the quantity, value, and fashion of his coin;" (2) and the coining of money, the legitimation of foreign coin, and the giving of value to coin, foreign and domestic, are branches of the ancient prerogative of the Crown of England. (3) Lord Hale observes that money consists principally of three parts, 1. The material of which it is made, 2. The denomination or extrinsic value, and 3. (1) R. v. Garvey, 16 Cox (Ir. C. C. R.) 252. (2) Tomlins Law Dict. Coin. (3) 2 Bish. New Cr. Law Com. ss. 276, 277. The impression or stamp; and that, anciently all coin was of gold or silver, alloyed with a given proportion of copper, constituting what is called sterling, or its legal standard; but that in 1672 a copper coin was added. (1) From the relation of the Crown to the coin it became judicially established from the earliest times that the counterfeiting of the king's coin was treason, though the counterfeiting of foreign money made current by the king's proclamation was at one time misdemeanor. (2) But the Statute of 1 Mary, sess. 2, c. 6, made the latter treason likewise. (3) In England, at the present time, the principal offences against the coin are felonies, (4) and the simple uttering of counterfeit coin is a misdemeanor. (5) Counterfeiting is the making of false or spurious coin to imitate the genuine. (See Art. 460, ante.) See article 560, post, as to search warrant, and see clause 6 of that article as to powers of justices to deface or otherwise dispose of counterfeit money found and brought before them under any search warrant. 461. When offence is complete.-Every offence of making any counterfeit 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 counterfeit coin is 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. R.S.C., c. 167, s. 27. This article is to the same effect as sec. 30 of the Imperial statute 24 and 25 Vict. c. 99. 462. Counterfeiting coins, &c.—Every one is guilty of an indictable offence and liable to imprisonment for life who (a.) makes or begins to make any counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or (b.) gilds or silvers any coin resembling or apparently intended to resemble or pass for; any current gold or silver coin; or (c.) gilds or silvers 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 counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or (d) gilds any current silver coin, or files or in any manner alters such coin, with intent to make the same resemble or pass for any current gold coin; or (1) 1 Hale P. C. 188, 195. (2) 1 Hale P. C. 192, 210, 215, 219: Case of Mixed Money,? How. St. Tr. 113, 116 Case of Mines, Plow. 310, 316. (3) 1 Hale P. C. 192, 216. (4) See 24 & 25 Vict. c. 99, (Imp.) ss. 2, 3, 4, 5, 6, 7, 14, 18, 19, 24 and 25. (5) 24 & 25 Vict. c. 99. (Imp.) s.s. 9, 13, 15, 20, and 21. (e.) gilds or silvers 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. R.S.C., c. 167, s.s. 3 and 4. The money charged as being counterfeited should bear such a resemblance or be apparently intended to bear such a resemblance to the genuine coin as may, in circulation, be likely to impose upon people generally. It was formerly necessary that the coin should have been in a complete and perfect state ready for circulation; (1) and, therefore, where the defendants were taken in the very act of coining shillings, but the shillings coined by them were then in an imperfect state, it being requisite that they should undergo another process, namely immersion in diluted aqua fortis, before they could pass as shillings, the judges held that the offence was not complete. (2) But by article 461, ante. the offence is deemed complete although the coin be not in a fit state to be uttered or the counterfeiting thereof be not finished or perfected. (3) It is quite clear that there will be a sufficient counterfeiting where the counterfeit money is made to resemble coin, the impression on which has been worn away by time. In one case the shillings produced in evidence were quite smooth, without the smallest vestige of either head or tail, and without any resemblance of the shillings in circulation, except their colour, size, and shape: and the master of the Mint proved that they were bad, but that they were very like those shillings the impression on which had been worn away by time, and might very probably be taken, by persons having less skill than himself, for good shillings. And the Court were of opinion that a blank that is smoothed, and made like a piece of legal coin, the impression of which is worn out, and yet suffered to remain in circulation, is sufficiently counterfeited to the similitude of the current coin of the realm to bring the counterfeiters and coiners of such blanks within the statute; these blanks having some reasonable likeness to that coin which has been defaced by time, and yet passed in circulation. (4) Counterfeiting can rarely be proved directly by positive proof; but it is usually made out by circumstantial evidence, such as finding the necessary coining instruments in the defendant's house, together with some pieces of the counterfeit money in a finished and some in an unfinished state, or such other circumstances as may fairly warrant the jury in presuming that the defendant either counterfeited or caused to be counterfeited or was present, aiding and a betting in counterfeiting the coin in question. (5) Any credible witness may prove the coin to be counterfeit; and it is not necessary for this purpose to produce any moneyer or other officer from the Mint, whether the coin counterfeited be current coin, or the coin of any foreign prince, state, or country. (6) 463. Dealing in and importing counterfeit coin. Every one is guilty of an indictable offence and liable to imprisonment for life who, without lawful authority or excuse, the proof whereof shall lie on him (a.) buys, sells, receives, pays or puts off, or offers to buy, sell, receive, pay or put off, at or for a lower rate or value than the same imports, or was apparently intended to import, any counterfeit coin (1) R. v. Varley, 2 W. Bl. 682. (2) R. v. Harris, 1 Leach, 165. See R. v. Case, | Leach 145; and R. v. Lavey, 1 Leach, 153, (3) R. v. Hermann, 4 Q. B. D. 284; 48 L J. (M. C.) 106. (4) R. v. Wilson, 1 Leach 285; See R. v. Welsh, 1 Leach, 364. (5) Arch. Cr. Pl. & Ev. 21 Ed. 859. (6) See article 692, post. resembling or apparently intended to resemble or pass for any current gold or silver coin; or (b.) imports or receives into Canada any counterfeit coin resembling or apparently intended to resemble or pass for, any current gold or silver coin knowing the same to be counterfeit. R.S.C., c. 162, ss. 7 and 8. 464. Manufacture of copper coin and importation of uncurrent copper coin.—Every one who manufactures in Canada any copper coin, or imports into Canada any copper coin, other than current copper coin, with the intention of putting the same into circulation as current copper coin, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars for every pound Troy of the weight thereof; and all such copper coin so manufactured or imported shall be forfeited to Her Majesty. R.S C., c. 167. s. 28. Copper coin includes coin of bronze or mixed metal and every other kind of coin other than gold or silver. (See article 460 c.) Sections 26, 29, 30, 31, 32, and 34 of R.S.C., c. 167 remain unrepealed (See Schedule two, post.); and are as follows: Suspected coin may be cut.—" If any coin is tendered as current gold or silver coin to any person who suspects the same to be diminished otherwise than by reasonable wearing, or to be counterfeit, such person may cut, break bend or deface such coin, and if any coin so cut, broken, bent or defaced appears to be diminished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same, shall bear the loss thereof; 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: 2. If any dispute arises whether the coin so cut, broken, bent or defaced, is diminished in manner aforesaid, or counterfeit, 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 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" (Section 26.) Seizure of unlawfully manufactured or imported copper eoin.—“ 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 possession the same is found, to appear before them; and if it appears to their satisfaction, on the oath of a |