any such coin, knowing the same to be so adapted and intended; (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; (d.) any instrument, tool or engine adapted and intended for the counterfeiting any current copper coin. 2 ARTICLE 549. BRINGING INSTRUMENTS FOR COINING FROM MINTS INTO 3 CANADA. Every one is guilty of felony, 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. 4 ARTICLE 550. CLIPPING CURRENT GOLD OR SILVER COIN. Every one is guilty of felony, and liable to fourteen 1 R. S. C. c. 167, s. 15; 24 & 25 Vict. c. 99, s. 14. 2S. D. Art. 370 (h). R. S. C. c. 167, s. 25; 24 & 25 Vict. c. 99, s. 25. 4 S. D. Art. 371. R. S. C. c. 167, s. 5; 24 & 25 Vict. c. 99, s. 4. As to the right of any person, and the duty of revenue officers, to whom light coin is tendered to break the same, see R. S. C. c. 167, s. 26; 24 & 25 Vict. c. 99, s. 26. 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. 2 1 ARTICLE 551. DEFACING CURRENT COINS. Every one is guilty of a misdemeanor, and liable to one year's 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. 3 ARTICLE 552. PASSING CLIPPINGS, ETC, OF CURRENT GOLD OR SILVER COIN. 4 Every one is guilty of a felony, 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. 5 ARTICLE 553. POSSESSING COUNTERFEIT COINS. Every one is guilty of a misdemeanor, and liable to three years' imprisonment in case (a.), and to one year's imprisonment in case (b.), who has in his custody or 1 S. D. Art. 375 (e). 2 R. S. C. c. 167, s. 17; 24 & 25 Vict. c. 99, s. 16. 3 S. D. Art. 372 ( ƒ ). 4 R. S. C. c. 167, s. 6; 24 & 25 Vict. c. 99, s. 5. 5 S. D. Arts. 374 (c), 375 (c). possession, knowing the same to be counterfeit, and with intent to utter the same or any of them. 1 (a.) any counterfeit coin resembling or apparently intended to resemble or pass for any current gold or silver coin: or 2(b) three or more pieces of counterfeit coin resembling or apparently intended to resemble or pass for any current copper coin. 3 ARTICLE 554. UTTERING COUNTERFEIT OR LIGHT COINS, METALS, ETC. Every one is guilty of a misdemeanor, and liable in case (a.) to fourteen years' imprisonment, and in cases (b.), (c.) and (d.) to one year's imprisonment, who 4 (a.) 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 ; 5 (b.) 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. 6 (c.) 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 color, 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; 7 (d.) utters any counterfeit coin resembling or appa 1 R. S. C. c. 167, s. 12; 24 & 25 Vict. c. 99, s. 11. 2 R. S. C. s. 167, s. 16; 24 & 25 Vict. c. 99, s. 15. 3 S. D. Art. 374 (a.), 375 (b.), (d). * R. S. C. c. 167, s. 10; 24 & 25 Vict. c. 99, s. 9. 5 R. S. C. c. 167, s. 11. R. S. C. c. 167, s. 14; 24 & 25 Vict. c. 99, s. 13. [As to the degree of resemblance necessary to bring a medal within this section, see R. v. Robertson, L. & C. 604.] 7 R. S. C. c. 167, s. 16; 24 & 25 Vict. c. 99, s. 15. rently intended to resemble or pass for any current copper coin, knowing the same to be counterfeit. ARTICLE 555. PUNISHMENT OF SUBSEQUENT OFFENCES. 2 Every one who, having been convicted of any misdemeanor defined in Art. 553 (a.), or in clause (a.) or (b.) of Art. 554, or of any misdemeanor or felony defined in this Chapter, or any Act relating to the coin, afterwards commits any of the misdemeanors defined in Art. 553 (a.) or in clause (a.) or (b.) of Art. 554, is guilty of felony and liable to imprisonment for life. 3 ARTICLE 556. UTTERING DEFACED COIN. Every one who utters any coin defaced, by having stamped thereon any names or words, is liable, on summary conviction before two justices of the peace, to a penalty not exceeding ten dollars; but no person shall proceed for any such penalty without the consent of the AttorneyGeneral for the Province in which such offence is alleged to have been committed. 4 ARTICLE 557. UTTERING UNCURRENT COPPER COINS. Every one who utters, or offers in payment, any copper coin, other than current copper coin, is 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. 1 S. D. Art. 374 (d.) 2 R. S. C. c. 167, s. 13; 24 & 25 Vict. c. 99, s. 12. 3 R. S. C. c. 167, s. 18; 24 and 25 Vict. c. 99, s. 17. 4 R. S. C. c. 167, s. 33. 2 1 ARTICLE 558. UNCURRENT FOREIGN COINS. Every one is guilty of a felony in cases (a) and (b) (i) and of a misdemeanor in cases (b) (ii) (c) and (d) who 3 (a.) makes 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; 4 (i.) brings or receives into Canada any such counterfeit coin, knowing the same to be counterfeit ; 5 (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; 6 7 (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. And is liable to imprisonment as follows, that is to say: In cases (a.) and (b.) (i), to seven years. In case (b.) (ii), to three years. In case (c.) for a first offence six months, for a second offence any term less than two years, and for any sequent offence seven years. 9 sub In case (d.) for a first offence one year, and for any subsequent offence seven years. |