together so as to make a double-headed coin has been held in Australia to be a counterfeit. R. v. McMahon (1894), 15 N.S.W. Law Rep. 131.

A genuine sovereign which had been fraudulently filed at the edges to such an extent as to reduce the weight by one twenty-fourth part, and to remove the milling entirely or almost entirely, and to which a new milling has been added in order to restore the appearance of the coin, was held to be a false and counterfeit coin. R. v. Hermann (1879), L.R. 4 Q.B.D. 284.

It is sufficient to prove such general resemblance to the lawful coin as will shew an intention that the counterfeit shall pass for it. Section 955.

Variance from true coin.]-Upon the trial of any person accused of any offence respecting the currency or coin or against the provisions of this Part (IX.), 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. Sec. 955.

547. Any genuine coin prepared or altered so as to resemble Counterfeit or pass for any current coin of a higher denomination is a raising of decounterfeit coin.

nomination.

2. A coin fraudulently filed or cut at the edges so as to Counterfeit remove the milling, and on which a new milling has been added reducing of to restore the appearance of the coin, is a counterfeit coin. 55-56 V., c. 29, s. 460.

Certain offences-When complete.

size.

intended

548. Every offence of making any counterfeit coin, or of Complete buying, selling, receiving, paying, tendering, uttering or put- although ting off, or of offering to buy, sell, receive, pay, utter or put counterfeitoff, any counterfeit coin is deemed to be complete, although the ing not coin so made or counterfeited, or bought, sold, received, paid, perfected. 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. 55-56 V., c. 29, s. 461.

valueless.

549. In the case of coin or paper money which, although Coin, etc., genuine, has no value as money, it is necessary in order to genuine but constitute an offence under this Part that there should be knowledge on the part of the person charged that such coin or Must be paper money was of no value as money, and a fraudulent intent and frauduon his part in his dealings with or with respect to the same. lent intent. 63-64 V., c. 46, s. 3.

knowledge

Purchasing, receiving or possessing forged bank notes.

Printing circulars, etc., in likeness

of notes.

Penalty.

Making counterfeit gold or silver coin. Changing into counterfeit.

Gilding to resemble coin.

Gilding silver coin.

Gilding or silvering copper coin.

Bank Notes.

550. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, without lawful authority or excuse, the proof whereof shall lie on him, purchases or receives from any person, or has in his custody or possession, any forged bank note, or forged blank bank note, whether complete or not, knowing it to be forged. 55-56 V., c. 29, s. 430. Printing imitations of bank or government notes.]-See sec. 551. Has in his custody or possession.]—See Code sec. 5.

551. Every one is guilty of an offence and liable, on summary conviction before two justices, to a fine of one hundred dollars or three months' imprisonment, or both, who designs, engraves, prints or in any manner makes, executes, utters, issues, distributes, circulates or uses any business or professional card, notice, placard, circular, hand-bill or advertisement in the likeness or similitude of any bank note, or any obligation or security of any government or any bank. 55-56 V., c. 29, s. 442.

Coin.

552. Every one is guilty of an indictable offence and liable to imprisonment for life who,

(a) makes or begins to make any counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or,

(b) gilds or silvers any coin resembling or apparently intended to resemble or pass for, any current gold or silver coin; or,

(c) gilds or silvers 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 counterfeit coin resembling, or apparently intended to resemble or pass for, any current gold or silver coin; or,

(d) gilds any current silver coin, or files or in any manner alters such coin, with intent to make the same resemble or pass for any current gold coin; or,

(e) gilds or silvers 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. 55-56 V., c. 29, s. 462.

in the year

at

on or about the

Form of indictment.]-That A day of ten pieces of false and counterfeit coin, each piece thereof resembling and apparently intended to resemble and pass for a piece of current silver coin, called a half dollar, falsely and unlawfully did make and counterfeit.

"Gilds" or "silvers."]-These words as applied to coin include casing with gold or silver respectively, and washing and colouring by any means whatsoever with any wash or materials capable of producing the appearance of gold or silver respectively. Section 546 (d). The words above italicized were intended to remove the doubts which existed under previous statutes. See R. v. Lavey (1776), 1 Leach C.C. 153, as to whether the word "colouring" was confined to superficial application. Archbold Cr. Pl. (1900), 917.

An indictment charging the use of such a wash or material will be supported by proof of a colouring with real gold or silver, as the case may be. R. v. Turner (1838), 2 Mood. C.C. 42.

Evidence.]-See secs. 546-548.

553. Every one is guilty of an indictable offence and liable Penalty. to imprisonment for life who, without lawful authority or excuse the proof whereof shall lie on him,

(a) buys, sells, receives, pays or puts off, or offers to buy, Buying, sellsell, receive, pay or put off, at or for a lower rate or value ing or trading in than the same imports, or was apparently intended to counterfeit import, any counterfeit coin resembling or apparently gold or intended to resemble or pass for any current gold or silver

silver coin.

coin; or, (b) imports or receives into Canada any counterfeit coin Importing or resembling or apparently intended to resemble or pass for, receiving any current gold or silver coin knowing the same to be counterfeit. 55-56 V., c. 29, s. 463.

copper coin.

554. Every one who manufacturers in Canada any copper Manufaccoin, or imports into Canada any copper coin, other than turing or importing current copper coin, with the intention of putting the same into circulation as current copper coin, is guilty of an offence and liable, on summary conviction, to a penalty not exceeding twenty dollars for every pound troy weight thereof; and all such copper coin so manufactured or imported shall be forfeited to His Majesty. 55-56 V., c. 29, s. 464.

Copper coin.]-This term includes any coin of bronze or mixed metal and every other kind of coin other than gold or silver. Code sec. 2 (8). Seizure of copper coin unlawfully manufactured or imported.]—See secs. 623-626.

555. Every one is guilty of an indictable offence and liable Exportation to two years' imprisonment who, without lawful authority or

28 CRIM. CODE.

of counterfeit coin.

Making or

etc.

Matrix, etc., for coinage.

Edgers, etc.

Press for coinage.

excuse the proof whereof shall lie on him, exports or puts on board 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 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 counterfeit. 55-56 V., c. 29, s. 465.

556. Every one is guilty of an indictable offence and liable to imprisonment for life who, without lawful authority or excuse the proof whereof shall lie on him, makes or mends, or begins or proceeds to make or mend, or buys or sells, or has in his custody or possession,

(a) any puncheon, counter puncheon, matrix, stamp, die, pattern or mould, in or upon which there is made or impressed or which will make or impress, or which is adapted and intended to make or impress, the figure, stamp or apparent resemblance of both or either of the sides of any current gold or silver coin, or of any coin of any foreign prince, state or country, or any part or parts of both or either of such sides; or,

(b) any edger, edging or other tool, collar, instrument or engine adapted and intended for the marking of coin round the edges with letters, grainings, or other marks or figures apparently resembling those on the edges of any such coin, knowing the same to be so adapted and intended; or,

(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. 55-56 V., c. 29, s. 466.

Where the defendant employed a die-sinker to make, for a pretended innocent purpose, a die calculated to make shillings, and the die-sinker suspecting fraud, informed the authorities and under their direction made the die for the purpose of detecting the prisoner, it was held that the defendant was rightly convicted as a principal although the die-sinker was an innocent agent in the transaction. R. v. Bannon (1844), 2 Mood. C.C. 309, 1 C. & K. 295.

Search warrant.]-See secs. 629 and 632 (2).

into Canada.

557. Every one is guilty of an indictable offence and liable Conveying to imprisonment for life who, without lawful authority or out of mint excuse the proof whereof shall lie on him, knowingly conveys out of any of His 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. 55-56 V., c. 29, s. 467.

or silver

558. Every one is guilty of an indictable offence and liable Clipping to fourteen years' imprisonment who impairs, diminishes or current gold lightens any current gold or silver coin, with intent that the coin. coin so impaired, diminished, or lightened may pass for current gold or silver coin. 55-56 V., c. 29, s. 468.

current coin.

559. Every one is guilty of an indictable offence and liable Defacing 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. 55-56 V., c. 29, s. 469.

560. Every one is guilty of an indictable offence and liable Possessing to seven years' imprisonment who unlawfully has in his custody clippings, etc., of curor possession any filings or clippings, or any gold or silver rent gold or bullion, or any gold or silver in dust, solution or otherwise, silver coin. 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. 55-56 V., c. 29, s. 470.

561. Every one is guilty of an indictable offence and liable Penalty. to three years' imprisonment who has in his custody or posses- Possessing sion, knowing the same to be counterfeit, and with intent to with intent utter the same or any of them,

to utter.

(a) any counterfeit coin resembling or apparently intended Counterfeit to resemble or pass for, any current gold or silver coin; or, gold or silver coin. (b) three or more pieces of counterfeit coin resembling, or apparently intended to resemble or pass for, any current Counterfeit copper coin. 55-56 V., c. 29, s. 471.

Indictment.]-Where an indictment for having possession of counterfeit coin with intent to utter same, was, on demurrer, held bad for not alleging that the counterfeit coin "resembled some gold or silver coin then

copper coin.