two years with or without hard labour, and with or without solitary confinement.-Sect. 14, Imp. Act.

UITERING BASE COPPER COIN.

SECT. 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 confinement. --Sect. 15, Imp. Act.

The evidence on the prosecution relating to the copper coin, will in general be the same as on prosecutions relating to the counterfeiting of the gold or silver coin.

See remarks as to proof of intent, &c., under the preceding sections, and sect. 1, Interpretation Clause, as to what is having in custody or possession, under this clause.

DEFACING COIN, TENDER OF DEFACED COIN.

SECT. 16.-Whosoever 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, is guilty of a misdemeanor, and shall be liable to be imprisoned in

any gaol or place of confinement other than the Penitentiary, for any term not exceeding one year, with or without hard labour.-Sect. 16, Imp. Act.

Sec. 17-No tender of payment in money made in any gold, silver or copper coin so defaced by stamping, as in the last preceding section mentioned, shall be allowed to be a legal tender; and whosoever tenders, utters or puts off any coin so defaced shall on conviction before two justices of the peace be liable to forfeit and pay any sum not exceeding ten dollars, provided that it shall not be lawful for any person to proceed for any such last mentioned penalty without the consent of the Attorney General for the province in which such offence is alleged to have been committed.-Sect. 17, Imp. Act.. Indictment for defacing Coin. one piece of the current silver coin, called a half crown, unlawfully and wilfully did deface, by then stamping thereon certain names and words against the form bold 748.

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Prove that the defendant defaced the coin in question, by stamping on it any names or words, or both. It is not necessary to prove that the coin was thereby diminished or lightened. There must be defacing and tendering, to bring the offence within section 16. Legal tender is within the attributions of the Parliament of Canada, and clause 17 is not, therefore, unconstitutional. British N. A. Act, sect. 91, par. 20. By sect. 35, of ch. 18, 32-33 Vict., every offence under this Act made punishable on summary conviction may be prosecuted as directed by ch. 31, 32 33 Vict.

As to fining the offender, and requiring him to give sureties for the peace, see sect. 34, ante, under sect. 2.

COUNTERFEITING FOREIGN GOLD AND SILVER COIN, NO T

CURRENT IN CANADA.

SECT. 18.-Whosoever makes or counterfeits any kind of coin not being current gold or silver coin, but resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state or country, 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.-Sect. 18, Imp. Act.

BRINGING SUCH COUNTERFEIT COIN IN CANADA.

SECT. 19.-Whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, brings or receives into Canada any such false or counterfeit 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, 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. Sect. 19, Imp. Act.

UTTERING FOREIGN COUNTERFEIT COIN.

SECT. 20. Whosoever tenders, utters or puts off any such false or counterfeit 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, 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 not exceeding six months, with or without hard labour.-Sect. 20, Imp. Act.

SUBSEQUENT OFFENCES.

SECT. 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.-Sect. 21, Imp. Act.

HAVING FOREIGN GOLD OR SILVER COIN, FALSE OR COUNTERFEIT, IN POSSESSION.

SECT. 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 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.

Sect. 23, Imp. Act, applies to the having in possession five pieces or more of foreign counterfeit coin, gold, silver or any other metal. The Canadian corresponding enactment, it will be perceived, applies only to gold or silver coin, and to any number of them; the word forged is not in the English clause.

SECT. 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.