Second offence of uttering such counter felt foreign coin. Subsequent offence. Having such coin in possession. Counterfeiting foreign coin, other than gold and silver coin. Making, mending, or 21. Whosoever, having been so convicted as in the last preceding section mentioned, 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 misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement other than a penitentiary for any term less than two years; and whosoever, having been so convicted of a second 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 shall be liable to be imprisoned in the penitentiary for any term not exceeding seven years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour and with or without solitary confinement. 22. Whosoever, without lawful authority or excuse, (the proof whereof shall lie on the party accused), has in his possession or custody any forged, false or counterfeited piece or coin, counterfeited to resemble any foreign gold or silver coin described in the four next preceding sections of this Act mentioned, knowing the same to be false or counterfeit, with intent to put off any such false or counterfeit coin, is guilty of misdemeanor, and shall be liable to be imprisoned in the penitentiary for any term not exceeding three years nor less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour and with or without solitary confinement. 23. Whosoever 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 metals, of less value than the silver coin, of any foreign prince, state or country, is guilty of a misdemeanor, and shall be liable, for the first offence, to be imprisoned in any gaol or place of confinement, other than the penitentiary, for any term not exceeding one year; and for the second offence, to be imprisoned in the penitentiary for any term not exceeding seven years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. 24. Whosoever, without lawful authority or excuse (the having unlaw- proof whereof shall lie on the party accused), knowingly makes or mends or begins or proceeds to make or mend, or buy fully posses sion of any coining tools, buy or sell, or have in his custody or possession any pun- felony. of tools or metal out of out authority, felony. 25. Whosoever, without lawful authority or excuse (the Conveying proof whereof shall lie on the party accused), knowingly moneys, or conveys out of any of Her Majesty's mints into Canada, any the mint withpuncheon, 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 matters aforesaid, or any coin, bullion, metal or mixture of metals, is guilty of felony and shall be liable to be imprisoned in the Penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour and with or without solitary confinement. to be dimin terfeit may be 26. Where any coin is tendered as current gold or silver Coin suspected coin to any person who suspects the same to be diminished ished or counotherwise than by reasonable wearing, or to be counterfeit, cut by any perit shall be lawful for such person to cut, break, bend or de- son to whom it face such coin, and if any coin so cut, broken, bent or de faced, is tendered. Who shall bear the loss. Revenue officers to destroy such coin. Provision for the discovery counterfeit faced, 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 it was coined for and 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 is hereby empowered to examine, upon oath, as well the parties as any other person, in order to the decision of 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; and the Receivers of every branch of Her Majesty's revenue in Canada, are hereby required to cut, break, or deface, or cause to be cut, broken or defaced, every piece of counterfeit or unlawfully diminished gold or silver coin which shall be tendered to them in payment of any part of Her Majesty's revenue in Canada. 27. If any person finds or discovers in any place whatever and seizure of or in the custody or possession of any person having the coln and coin- same without lawful authority or excuse, any false or countersecuring them feit coin resembling or apparently intended to resemble or ing tools, for as evidence and for ultimately disposing of them. pass for any current gold, silver or copper coin, or any coin of any foreign prince, state or country, or any instrument, tool or engine whatsoever, adapted and intended for the counterfeiting of any such coin, or any filings or clippings, or any gold or silver bullion, or any gold or silver, in dust, solution or otherwise, which has been produced or obtained by diminishing or lightening any current gold or silver coin, the person so finding or discovering may, and he is hereby required to seize the same and to carry the same forthwith before some Justice of the Peace; and in case it is proved, on the oath of a credible witness, before any Justice of the Peace, that there is reasonable cause to suspect that any person has been concerned in counterfeiting current gold, silver or copper coin, or any such foreign or other coin as is in this Act before mentioned, or has in his custody or possession any such false or counterfeit coin, or any instrument, tool or engine whatsoever, adapted and intended for the making or counterfeiting of any such coin, or any other machine used or intended to be used for making or counterfeiting any such coin, or any such filings, clippings or bullion, or any such gold or silver, in dust, solution or otherwise, as aforesaid, any Justice of the Peace may, by warrant under his hand, cause any place whatsoever belonging to or in the occupation or under the control of such suspected person to be searched, either in the day or in the night, and if any any such false or counterfeit coin, or any such instrument, tool or engine, or any such machine, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution or otherwise, as aforesaid, is found in any place so searched, to cause the same to be seized and carried forthwith before some Justice of the Peace; and whensoever any such false or counterfeit coin, or any such instrument, tool or engine, or any such machine, or any such filings, clippings or bullion, or any such gold or silver, in dust, solution or otherwise, as aforesaid, is in any case whatsoever seized and carried before a Justice of the Peace, he shall, if necessary, cause the same to be secured, for the purpose of being produced in evidence against any person who may be prosecuted for an offence against this Act, and all such false and counterfeit coin, and all instruments, tools and engines, adapted and intended for the making or counterfeiting of coin, and all such machines, and all such filings, clippings and bullion, and all such gold and silver, in dust, solution or otherwise, as aforesaid, after they have been produced in evidence, or when they have been seized and are not required to be produced in evidence, shall forthwith by the order of the court, be defaced or otherwise disposed of as the court may direct. coin produced in Court, how disposed of. 28. If any false or counterfeit coin be produced in any Counterfeit court of law, the court shall order the same to be cut in pieces in open court, or in the presence of a Justice of the Peace, and then delivered to or for the lawful owner thereof, if such owner claims the same. place of trial 29. Where any person tenders, utters, or puts off any venue, and false or counterfeit coin in any one Province of Canada, or in cases of in any one district, county or jurisdiction therein, and also under this Act. tenders, utters, or puts off any other false or counterfeit coin, in any other Province, district, county or jurisdiction, either on the day of such first mentioned tendering, uttering or putting off, or within the space of ten days next ensuing, or where two or more persons, acting in concert in different Provinces, or in different districts, counties or jurisdictions therein, commit any offence against this Act, every such offender may be dealt with, indicted, tried and punished, and the offence laid and charged to have been committed, in any one of the said Provinces, or districts, counties or jurisdictions, in the same manner in all respects, as if the offence had been actually and wholly committed within one Province, district, county or jurisdiction. 30. Where, upon the trial of any person charged with any offence against this Act, it becomes necessary to prove that any coin produced in evidence against such person is false or counterfeit, it shall not be necessary to prove the same What shall be sufficient proof of coin being counterfeit. Differences in date &c., of coin not ground for acquittal. same to be false and counterfeit by the evidence of any moneyer or other officer of Her Majesty's Mint, or other person employed in producing the lawful coin in Her Majesty's dominions or elsewhere, whether the coin counterfeited be current coin, or the coin of any foreign prince, state or country, not current in Canada, but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness. 31. Upon the trial of any person accused of any offence true an false alleged to have been committed against the form of any Statute of Canada or of any of the Provinces, passed or to be passed respecting the currency or coin, or against the provisions of this Act, no difference in the date or year, or in any legend, marked upon the lawful coin described in the indictment, and the date or year or legend marked upon the false coin counterfeited to resemble or pass for such lawful coin, or upon any die, plate, press, tool or instrument used, constructed, devised, adapted or designed, for the purpose of counterfeiting or imitating any such lawful coin, shall be considered a just or lawful cause or reason for acquitting any such person of such offence; and it shall, in any case, be sufficient to prove such general resemblance to the lawful coin as will shew an intention that the counterfeit should pass for it. When the counterfeiting complete. 32. Every offence of falsely making or counterfeiting any coln shall be 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. Any person may appre against this Act. 33. It shall be lawful for any person whatsoever to aphend offenders prehend any person who is found committing any indictable offence against this Act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to his being conveyed, as soon as reasonably may be, before a Justice of the Peace or some other proper officer, to be dealt with according to law. ties for keep Fine and sure- 34. Whenever any person is convicted of any indictable ing the peace; misdemeanor punishable under this Act, the court may, if in what cases. it thinks fit, in addition to or in lieu of any of the punishments by this Act authorized, fine the offender and require |