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 in safe keeping to await the disposal of the Governor General for the public uses of Canada." (Section 29.)

Enforcing penalty." If it appears to the satisfaction of such justices that the person in whose possession such copper or brass coin was 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." (Section 30.)

Recovery of penalty from owner of copper coin.—" If it appears to the satisfaction of such justices that the person in whose possession such copper or brass coin was found was not aware of it having been so unlawfully manufactured 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." (Sec. 31.)

Seizure by customs officers.

Any officer of Her Majesty's customs may seize any copper or brass coin imported or attempted to be imported into Canada in violation of this Act, and may detain the same as forfeited, to await the disposal of the Governor General, for the public uses of Canada." (Sec. 32.)

Uttering unlawful copper coin.—" Every one who utters, tenders or offers in payment any copper or brass coin, other than current copper coin, shall forfeit double the nominal value thereof:

2. Such penalty may be recovered, with costs, in a summary manner, on the oath of one credible witness other than the 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." (Sec. 33.)

Application of penalties.—“ A moiety of any of the penalties imposed by any of the five sections next preceding, but not the copper or brass coins 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." (Section 34.)

465. Exportation of counterfeit coin.—Every one is guilty of an indictable offence and liable to two years' imprisonment, who, without lawful authority or excuse, the proof whereof shall lie on him, exports or puts on board any 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 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 counterfeit. R.S.C., c. 167, s. 9.

466. Making Instruments for coining.—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, makes, or mends, or begins or proceeds to make or mend, or buys or sells, or has in his custody or possession

(a.) any puncheon, counter puncheon, matrix, stamp die, pattern or mould, in or upon which there is made or impressed, or which will make or impress, or which is adapted and intended 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; or

(b.) 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, knowing the same to be so adapted and intended; or

(c.) any press for coinage, or any cutting engine for cutting, by force of a 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. R.S.C., c. 167, s 24.

For definition of having in possession, see article 3 (k), ante.

Although it is more accurate to describe the instruments according to their actual use, it is not necessary. And, where a prisoner was indicted for having in his possession, without lawful excuse, one mould made of lead, on which was made and impressed the figure, stamp, resemblance and similitude of the head side or flat of a shilling, and, the prisoner being convicted, it was submitted to the judges whether the mould in question was comprised under the general words of the statute "other tool or instrument before mentioned," and whether it should not have been laid in the indictment to be a tool or instrument in the words of the act; the judges were unanimously of opinion that this mould was a tool or instrument mentioned in the former part of the statute, and was therefore comprised under these general words; and that, as a mould is expressly mentioned by name in the first clause of the act, it need not be averred to be a tool or instrument so mentioned; but they considered that the indictment would have been more accurate had it charged that the prisoner had, in his possession, a mould that would make and impress the similitude of the head side of a shilling. (1)

It is not necessary that the instrument should be capable of making an impression of the whole of one side of the coin; for the words "or any part or parts" are introduced into the above article, and consequently the difficulty in Sutton's case, (2) where the instrument was capable of making the sceptre only, cannot now occur.

On an indictment for making a mould intended to make and impress the figure and apparent resemblance of the obverse side of a shilling, it was held

(1) R. v. Lennard, 1 Leach 85. (2) R. v. Sutton, 2 Str. 1074.

sufficient to prove that the prisoner made the mould and a part of the impression, though he had not completed the entire impression. (1)

It is unnecessary, under this article, to prove the intent of the defendant, the mere similitude being treated as evidence of the intent. Neither is it essential to shew that money was actually made with the instrument in question. (2)

In Ridgeley's case the prisoner, was indicted for having in his possession, without lawful authority, etc., a puncheon made of iron and steel, in and upon which was made and impressed the figure, resemblance, and similitude of the head side of a shilling. It was proved that several puncheons were found in the prisoner's lodgings, together with a quantity of counterfeit money, and that he had them knowingly for the purpose of coining. These puncheons were complete and hardened, ready for use but it was impossible to say that the shillings which were found were actually made with these puncheons, the impressions being too faint to be exactly compared; but they had the appearance of having been made with them. The manner of making the puncheons was as follows. A true shilling was cut away to the outline of the head; that outline was then fixed on a piece of steel, which was filed and cut close to the outline, and this made the puncheon; the puncheon then made the die, or counterpuncheon. A puncheon is complete without letters, but it may be made with letters upon it; though, from the difficulty and inconvenience, it is never so made, at the Mint; but after the die is struck the letters are engraved on it; a puncheon alone, without the counter-puncheon, will not make the figure; but to make an old shilling or a base shilling current, nothing more is necessary than the instrument now produced. They may be used not only for counterfeiting coins, but also for other purposes, such as making seals, buttons, medals, and so forth, where such impressions are wanted. Eleven of the judges (absente Lord C. J. De Grey) were unanimously of opinion that this was a puncheon within the meaning of the act; for the word "puncheon "is expressly mentioned in the statutes, and will, by the means of the counterpuncheon or matrix, "make or impress the figure, stamp, resemblance, or similitude of the current coin ;" and that these words do not mean an exact figure, but if the instrument impress a resemblance, in fact, such as will impose on the world, it is sufficient, whether the letters are apparent on the puncheon or not; otherwise the act would be quite evaded, for the letters would be omitted on purpose. The puncheon in question was one to impress the head of King William; and the shillings of his reign, even when the letters were worn out, were current coin of the kingdom. The puncheon made an impression like them, and the coin stamped with it would resemble them on the head side, though there were no letters. This was compared to the case mentioned by Sir Mathew Hale, (3) that the omission or addition of words in the inscription of the true seals, for the purpose of evading the law, would not alter the case. (4)

Where the defendant employed a man, who was a die-sinker, to make, for a pretended innocent purpose, a die calculated to make shillings, and the die-sinker, suspecting fraud, informed the authorities at the Mint, and, under their directions, made the die for the purpose of bringing the offence home to the prisoner, it was held that the die sinker was an innocent agent, and that the defendant was rightly convicted as a principal offender. (5)

The making and procuring dies and other materials, with the intention of using them in coining Peruvian half dollars, in England, not in order to utter or pass them in England, but so as to try whether the apparatus would answer before

(1) R. v. Foster, 7 C. & P. 405.

(2) R. v. Ridgeley. 1 Leach, 189; 1 East, P. G. 171.

(3) Hale 184; 2 Hale, 212, 215; R. v. Robinson, 2 Roll. Rep. 50: 1 East, P. C. 86.

(4) R v Ridgeley, ante.

(5) R. v. Bannon, 2 Mood. C. C. 309; 1 C. & K. 295. See article 62, and comments at p. 36, ante.

sending the same out to Peru, to be there used in making the counterfeit coin for circulation in that country, was held indictable at common law. (1)

Article 466 has the words" without lawful authority or excuse." It is sufficient, however, if the possession is averred to have been "without lawful excuse," on the ground that there can be no authority which could not also be an excuse, and therefore to negative excuse is to negative authority. (2)

To prove the guilty knowledge of the defendant upon an indictment for having coining instruments, evidence may be given of his having previously uttered counterfeit money. (3)

The guilty knowledge required is the being, knowingly, in possession of the instrument, without lawful authority or excuse. A guilty intention in reference to the use or possession of the instrument is not necessary. (4)

In the case of R. v. Harvey, the prisoner had ordered of a die-sinker two dies having an apparent resemblance to the two sides of a sovereign, whereupon the die sinker communicated with the police, who, in pursuance of orders from the Mint, told him to furnish the dies to the prisoner, which he did. Held that the facts constituted unlawful authority or excuse for the prisoner's possession of the dies.

467. Bringing instruments for coining, from Mints, into Canada.— 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, knowingly conveys out of any of Her Majesty's Mints into Canada, any puncheon, counter puncheon, matrix, stamp, die, pattern, mould, edger, edging or other tool, collar, instrument, press or engine, used or employed in or about the coining of coin, or any useful part of any of the several articles aforesaid, or any coin, bullion, metal or mixture of metals. R.S.C., c 167, s. 25.

468. Clipping current gold or silver Coin.—Every one is guilty of an indictable offence and liable to fourteen years' imprisonment, who impairs, diminishes or lightens any current gold or silver coin, with intent that the coin, so impaired, diminished, or lightened, may pass for current gold or silver coin. R.S.C., c. 167, s. 5.

469. Defacing current coins.—Every one is guilty of an indictable offence and liable to one years' imprisonment who defaces any current gold, silver or copper coin by stamping thereon any names or words, whether such coin is or is not thereby diminished or lightened, and afterwards tenders the same. R.S.Č., c. 167, s. 17.

470. Possessing clippings of current coin.—Every one is guilty of an indictable offence and liable to seven years' imprisonment, who unlawfully has in his custody or possession any filings or clippings, or any gold or silver bullion, or any gold or silver in dust, solution or otherwise which have been produced or obtained by impairing, diminishing or lightening any current gold or silver coin, knowing the same to have been so produced or obtained. R.S.C., c. 167, s. 6.

(1) R. v. Roberts, Dears. 539; 25 L. J. (M. C.) 17: Arch. Cr. Pl. & Ev. 21 Ed. 875, 876.

(2) R. v. Harvey, L. R., 1. C.C.R., 284; 40 L. J. (M. C.) 63.

(3) R. v. Weeks, L. & C. 18; 30 L. J. (M. C) 141.

(4) R. v.

Harvey, ante.

471. Possessing counterfeit coins.-Every one is guilty of an indictable offence and liable to three years' imprisonment, who has in his custody or possession, knowing the same to be counterfeit, and with intent to utter the same or any of them

(a.) any counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or

(b.) three or more pieces of counterfeit coin resembling, or apparently intended to resemble or pass for, any current copper coin. R.S.Č., c. 167, ss. 12 and 16.

See article 3 (k), ante, for meaning of “having in possession.”

472. Offences respecting copper coins.-Every one is guilty of an indictable offence and liable to three years' imprisonment who

(a.) makes, or begins to make, any counterfeit coin resembling, or apparently intended to resemble or pass for, any current copper

coin; or

(b.) without lawful authority or excuse, the proof of which shall lie on him, knowingly

(i.) makes or mends, or begins or proceeds to make or mend, or buys or sells, or has in his custody or possession, any instrument tool or engine adapted and intended for counterfeiting any current copper coin;

(ii.) buys, sells, receives, pays or puts off, or offers to buy, sell, receive, pay or put off, any 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. R.S.C., c. 167, s. 15.

473. Offences respecting foreign coins. -Every one is guilty of an indictable offence and liable to three years' imprisonment, who

(a) makes, or begins to make, any counterfeit coin or silver 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;

(b.) without lawful authority or excuse, the proof of which shall lie on him,

(i.) brings into or receives in Canada any such counterfeit coin, knowing the same to be counterfeit ;

(ii) has in his custody or possession any such counterfeit coin knowing the same to be counterfeit, and with intent to put off the

same; or

(c.) utters any such counterfeit coin; or

(d.) makes any counterfeit coin resembling, or apparently intended to resemble or pass for, any copper coin of any foreign prince, state or country, not being current coin. R.S.C., c. 167, ss. 19, 20, 21, 22 and 23.