CAP. XVII. Preamble. Certain words An Act to remove doubts as to Legislation in Canada regarding offences not wholly committed within its limits. [Assented to 22nd June, 1869.] ER Majesty, by and with the advice and consent of the follows: 1. The words "or without" in the first line of the second section in 88. 2 and 5 of the sixty-ninth chapter of the Statutes of Canada passed in the of c. 69, 31 V. repealed. thirty-first year of Her Majesty's Reign, and the same words in the second line of the fifth section of the same Act, and any other words in the said chapter assuming a jurisdiction over offences not wholly committed in Canada, are repealed. Also part of 2. So much of the eighth section of the seventy-second chapter 3. 8 of c. 72, of the Statutes of the same year, as relates to felonies which shall not have been wholly committed within Canada, and to persons who shall be accessories to such felonies, is hereby repealed. 31 V. Preamble. Interpretation of terms. Current gold and silver coin. CAP. XVIII. An Act respecting Offences relating to the Coin. W [Assented to 22nd June, 1869.] HEREAS it is expedient to assimilate, amend and consolidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, respecting offences relating to the Coin, and to extend the same as so consolidated, to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In the interpretation of and for the purposes of this Act, the expression "current gold or silver coin" shall include any gold or silver 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 Canada or any other part of Her Majesty's Dominions; and the Copper coin. expression "current copper coin" shall include any copper coin and any coin of bronze or mixed metal coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in Canada, or any other part of Her Majesty's Dominions; and the expression "false or counterfeit coin resembling or apparently intended to resemble or pass for current gold or silver coin" or other similar expression, shall include False or counterfeit coin. any as to any of the current coin which has been gilt, silvered, washed, coloured or cased over, or in any manner altered, so resemble or be apparently intended to resemble or pass for any of the current coin of a higher denomination; and the expression "current coin," shall include any coin coined in any of Her Current coin. Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in Canada, or any other part of Her Majesty's Dominions, and whether made of gold, silver, copper, bronze, or mixed metal;—and where the having any matter in the custody What shall be or possession of any person is mentioned in this Act, it shall having in include, not only the having of it by himself in his personal custody or possession, but also the knowingly and wilfully having it in the actual custody or possession of any other person, and also the knowingly and wilfully having it in any dwelling-house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter is so had for his own use or benefit, or for that of any other person. possession. or silver coin. 2. Whosoever falsely makes or counterfeits any coin resemb- Counterfeiting current gold ling or apparently intended to resemble or pass for any current gold or silver coin, 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. coin or any pass for gold 3. Whosoever gilds or silvers, or with any wash or materials Colouring any capable of producing the colour or appearance of gold or of silver, pieces of metal or by any means whatsoever, washes, cases over, or colours any with intent to coin whatsoever resembling or apparently intended to resemble make them or pass for any current gold or silver coin, or gilds or silvers or or silver coin. with any wash or materials capable of producing the colour or appearance of gold or of silver, or by any means whatsoever, washes, cases over or colours 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 false and counterfeit coin resembling or apparently intended to resemble or pass for any current gold or silver coin, or gilds or with any wash or materials capable of producing the colour and appearance of gold, or by any means whatsoever, washes, cases over or colours any current silver Colouring or coin, or files or in any manner alters such coin, with intent to altering genumake the same resemble or pass for any current gold coin, or intent to make gilds or silvers or with any wash or materials capable of producing it pass for coin of a higher the colour or appearance of gold or silver, or by any means whatsoever, washes, cases over or colours 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, 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 impri soned ine coin, with value. Impairing the gold or silver coin with intent, &c. Unlawful possession of filings or clip pings of gold or silver coin. Buying or selling, &c., counterfeit coin for lower soned 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. 4. Whosoever 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, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen 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. 5. Whosoever 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, 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. 6. Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), buys, sells, receives, pays gold or silver or puts off, or offers to buy, sell, receive, pay, or put off, any false value than its or counterfeit coin, resembling or apparently intended to resemble denomination or pass for any current gold or silver coin, at or for a lower rate imports. or value than the same imports, or was apparently intended to import, 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 What shall be with or without solitary confinement; and in any indictment for sufficient in an any such offence as in this section aforesaid, it shall be sufficient to allege that the party accused did buy, sell, receive, pay or put off, or did offer to buy, sell, receive, pay or put off, the false or counterfeit coin, at or for a lower rate of value than the same imports, or was apparently intended to import, without alleging at or for what rate, price or value, the same was bought, sold, received, paid or put off, or offered to be bought, sold, received, paid or put off. indictment. Importing counterfeit coin. 7. Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), imports or receives into Canada any false or counterfeit coin, resembling or apparently intended to resemble or pass for any current gold or silver coin, knowing the same to be false or counterfeit, 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 other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. coin. 8. Whosoever, without lawful authority or excuse (the proof Exporting whereof shall lie on the party accused), exports or puts on board counterfeit 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 false or 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 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, with or without hard labour, and with or without solitary confine ment. silver coin. 9. Whosoever tenders, utters or puts off any false or counterfeit Uttering councoin, resembling or apparently intended to resemble or pass for terfeit gold or any current gold or silver coin, knowing the same to be false or counterfeit, is guilty of a misdemeanor, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen 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. coin. 10. Whosoever tenders, utters, or puts off as being current, any Passing light gold or silver coin of less than its lawful weight, knowing such gold or silver coin to have been impaired, diminished or lightened, otherwise than by lawful wear, is guilty of a misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement, other than a Penitentiary, for a period not exceeding one year, with or without hard labour, and with or without solitary confinement. silver coin in intent, &c. 11. Whosoever has in his custody or possession any false or Having councounterfeit coin, resembling or apparently intended to resemble terfeit gold or or pass for any current gold or silver coin, knowing the same to be possession, false or counterfeit, and with intent to utter or put off any such &c., with false or counterfeit coin, is guilty of a 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. of uttering, 12. Whosoever, having been convicted, either before or after the Every subpassing of this Act, of any such misdemeanor as in any of the last sequent offence three preceding sections mentioned, or of any misdemeanor or &c., after a felony against this or any former Act heretofore in force in previous conCanada, or in any of the Provinces thereof, relating to the coin, be felony. afterwards commits any of the misdemeanors in any of the said sections viction shall Uttering foreign coin, medals, &c., as current tent to de fraud. sections mentioned, 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. 13 Whosoever, with intent to defraud, tenders, utters, or puts off, 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 coin, with in- mixed metals, resembling in size, figure and colour, the current coin as or for which the same is so tendered, uttered, or put off, such coin, medal, or piece of metal or mixed metals so tendered, uttered, or put off, being of less value than the current coin as or for which the same is so tendered, uttered, or put off, 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 not exceeding one year, with or without hard labour, and with or without solitary confinement. Counterfeiting, &c., cop per coin; or buying or less than its 14. Whosoever falsely makes or counterfeits any coin resembling or apparently intended to resemble or pass for any current copper coin; and whosoever without lawful authority or excuse (the proof selling it for of which shall lie on the party accused), knowingly makes or mends, denomination or begins, or proceeds to make or mend, or buy or sell, or have in imports, &c. his custody or possession any instrument, tool or engine adapted and intended for the counterfeiting any current copper coin, or buys, sells, receives, pays, or puts off, or offers to buy, sell, receive, pay, or put off, any false or 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, 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. 15. Whosoever tenders, utters, or puts off any false or counterfeit coin, resembling or apparently intended to resemble or pass for any current copper coin, knowing the same to be false or counterfeit, or has in his custody or possession three or more pieces of false or counterfeit coin, resembling or apparently intended to resemble or pass for any current copper coin, knowing the same to be false or counterfeit, with an intent to utter or put off the same or any of them, 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 not exceeding one year, with or without hard labour, or with or without solitary confine ment. |