than the same imports, or was apparently intended to import. R. S. C. c. 167, s. 15. 24-25 V. c. 99, s. 14 (Imp.). Fine, s. 958. the repealed Act. The punishment was seven years under See s. 463 ante. FOREIGN COINS. 473. 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 & 23. 24-25 V. c. 99, s. 18, et seq. (Imp.). Fine, s. 958. See R. v. Tierney, "Having in possession" defined, s. 3. 29 U. C. Q. B. 181. UTTERING COUNTERFEIT COIN. 474. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who utters 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. 167, s. 10. 24-25 V. c. 99, s. 9 (Imp.). Under the Imperial Act the imprisonment is one year. Indictment.one piece of counterfeit coin resembling a piece of the current gold coin, called a sovereign, unlawfully, falsely and deceitfully did utter to one J. N. he the said then well knowing the same to be counterfeit. Prove the tendering, uttering or putting off the sovereign in question, and prove it to be a base and counterfeit sovereign. Where a good shilling was given to a Jew boy for fruit, and he put it into his mouth under pretense of trying whether it were good, and then taking a bad shilling out of his mouth instead of it, returned it to the prosecutor, : saying that it was not good; this (which is called ringing the changes) was holden to be an uttering, indictable as such R. v. Franks, 2 Leach, 644. The giving of a piece of counterfeit money in charity is not an uttering, although the person may know it to be counterfeit; as in cases of this kind, there must be some intention to defraud: R. v. Page, 8 C. & P. 122. But this case has been overruled: R. v. Ion, 2 Den. 475; 1 Russ. 126; see R. v. 1 Cox, 250. A prisoner went into a shop, asked for some coffee and sugar, and in payment put down on the counter a counterfeit shilling the prosecutor said that the shilling was a bad one, whereupon the prisoner quitted the shop, leaving the shilling and also the coffee and sugar: held that this was an uttering and putting off within the statute: R. v. Welch, 2 Den. 78. The prisoner and J. were indicted for a misdemeanour in uttering counterfeit coin. The uttering was effected by J. in the absence of the prisoner, but the jury found that they were both engaged on the evening on which the uttering took place in the common purpose of uttering counterfeit shillings, and that in pursuance of that common purpose J. uttered the coin in question: Held, that the prisoner was rightly convicted as a principal, there being no accessories in a misdemeanour: R, v. Greenwood, 2 Den. 453. If two jointly prepare counterfeit coin, and utter it in different shops apart from each other but in concert, intending to share the proceeds, the utterings of each are the joint utterings of both, and they may be convicted jointly: R. v. Hurse, 2 M. & Rob. 360; see R. v. Hermann, 4 Q. B. D. 284, Warb. Lead Cas. 77. Husband and wife were jointly indicted for uttering counterfeit coin: Held, that the wife was entitled to an acquittal, as it appeared that she uttered the money in the presence of her husband: R. v. Price, 8 C. & P. 19; see now s. 13, ante. Proof of the guilty knowledge by the defendant must be given. This of course must be done by circumstantial evidence. If, for instance, it be proved that he uttered, either on the same day or at other times, whether before or after the uttering charged, base money, either of the same or of a different denomination, to the same or to a different person, or had other pieces of base money about him when he uttered the counterfeit money in question; this will be evidence from which the jury may presume a guilty knowledge: 1 Russ. 127. UTTERING LIGHT COINS. 475. Every one is guilty of an indictable offence and liable to three years' imprisonment who (a) utters, as being current, 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; or () with intent to defraud utters, as or for any current gold or silver coin, any coin not being such current gold or silver coin, or any medal, or piece of metal or mixed metals, resembling, in size, figure and colour, the current coin as or for which the same is so uttered, such coin, medal or piece of metal or mixed metals so uttered being of less value than the current coin as or for which the same is so uttered; or (e) utters any counterfeit coin resembling or apparently intended to resemble or pass for any current copper coin, knowing the same to be counterfeit. R. S. C. c. 167, ss. 11, 14 & 16. 24-25 V. c. 99, ss. 10, 13 & 15 (Imp.). Fine, s. 958. A person was convicted, under the above section, of putting off, as and for a half sovereign, a medal of the same size and colour, which had on the obverse side a head similar to that of the Queen, but surrounded by the inscription "Victoria, Queen of Great Britain," instead of "Victoria Dei Gratia," and a round guerling and not square, and no evidence was given as to the appearance of the reverse side, nor was the coin produced to the jury; it was held that there was sufficient evidence that the medal resembled, in figure, as well as size and colour, a half sovereign: R. v. Robinson, L. & C. 604; the medal was produced, but, in the course of his evidence, one of the witnesses accidentally dropped it, and it rolled on the floor; strict search was made for it for more than half an hour, but it could not be found. UTTERING DEFACED COIN. 476. Every one who utters any coin defaced by having stamped thereon any names or words, is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding ten dollars. R. S. C. c. 167, s. 18. See s. 469, ante. No prosecution without the consent of the AttorneyGeneral; s. 549. UTTERING UNCURRENT COPPER COIN. 477. Every one who utters, or offers in payment, any copper coin, other than current copper coin, is guilty of an offence and liable, on summary conviction, to a penalty of double the nominal value thereof, and in default of payment of such penalty to eight days' imprisonment. R. S. C. c. 167, s. 33. PUNISHMENT AFTER PREVIOUS CONVICTION. 478. Every one who, after a previous conviction of any offence relating to the coin under this or any other Act, is convicted of any offence specified in this part is liable to the following punishment : (a) to imprisonment for life, if otherwise fourteen years would have been the longest term of imprisonment to which he would have been liable ; (b) to fourteen years' imprisonment, if otherwise seven years would have been the longest term of imprisonment to which he would have been liable; (c) to seven years' imprisonment, if otherwise he would not have been liable to seven years' imprisonment. R. S. C. c. 167, s. 13 (Amended). 24-25 V. c. 99, s. 12 (Imp.). The words in italics are new. See ss. 628 and 676 as to procedure when a previous offence is charged, corresponding to s. 116 of the Imperial Larceny Act, and s. 37 of the Imperial Coin Act: R. v. Martin, 11 Cox, 343. This enactment is intended to provide for a subsequent indictable offence after a previous conviction for an indictable offence. Unfortunately, the section does not say what it means, and any one convicted, for instance, of uttering defaced coin under s. 476 and fined ten dollars, is liable to seven years imprisonment on a subsequent conviction for any offence specified in this part, s. 536. PART XXXVI. ADVERTISING COUNTERFEIT MONEY. 479. In this part the expression "counterfeit token of value" means any spurious or counterfeit coin, paper money, inland revenue stamp, postage stamp, or other evidence of value, by whatever technical, trivial or deceptive designation the same may be described. 51 V. c. 40, s. 1. 480. Every one is guilty of an indictable offence and liable to five years' imprisonment who (a) prints, writes, utters, publishes, sells, lends, gives away, circulates or distributes any letter, writing, circular, paper, pamphlet, handbill or any written or printed matter advertising, or offering or purporting to advertise or offer for sale, loan, exchange, gift or distribution, or to furnish, procure or distribute, any counterfeit token of value, or what purports to be a counterfeit token of value, or giving or purporting to give, either directly or indirectly, information where, how, of whom, or by what means any counterfeit token of value, or what purports to be a counterfeit token of value, may be procured or had; or (b) purchases, exchanges, accepts, takes possession of or in any way uses, or offers to purchase, exchange, accept, take possession of or in any way use, or negotiates or offers to negotiate with a view of purchasing or obtaining or using any such counterfeit token of value, or what purports so to be; or (c) in executing, operating, promoting or carrying on any scheme or device to defraud, by the use or by means of any papers, writings, letters, circulars or written or printed matters concerning the offering for sale, loan, gift, distribution or exchange of counterfeit tokens of value, uses any ficti tious, false or assumed name or address, or any name or address other than his own right, proper and lawful name; or (d) in the execution, operating, promoting or carrying on, of any scheme or device offering for sale, loan, gift or distribution, or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information, directly or indirectly, where, how, of whom or by what means any counterfeit token of value may be obtained or had, knowingly receives or takes from the mails, or from the post office, any letter or package addressed to any such fictitious, false or assumed name or address, or name other than his own right, proper or lawful name. 51 V. c. 40, ss. 2 & 3. See s. 693 as to evidence. On indictment for offering to purchase counterfeit tokens of value prisoner cannot be convicted on evidence that notes which he offered to purchase were not counterfeit but genuine bank notes unsigned, though he offered to purchase in belief that they were counterfeit: R. v. Attwood, 20 O. R. 574. |