And on an indictment for making a mould "intended. to make and impress the figure and apparent resemblance of the obverse side" of a shilling, it is sufficient to prove that the prisoner made the mould and a part of the impression, though he had not completed the entire impression: R. v. Foster, 7 C. & P. 495. It is not necessary to prove under this branch of the statute the intent of the defendant the mere similitude is treated by the Legislature as evidence of the intent; neither is it essential to show that money was actually made with the instrument in question: R. v. Ridgeley, 1 East, P. C. 171. The proof of lawful authority or excuse, if any, lies on the defendant. 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 at the mint, and under their directions made the die for the purpose of detecting prisoner; it was held that the die-sinker was an innocent agent and the defendant was rightly convicted as a principal: R. v. Bannen, 2 Moo. 309.

The making and procuring dies and other materials, with intent to use them in coining Peruvian half-dollars in England, not in order to utter them here, but by way of trying whether the apparatus would answer, before sending it out to Peru, to be there used in making the counterfeit coin for circulation in that country, was held to be an indictable misdemeanour at common law: R. v. Roberts, Dears. 539; 1 Russ. 100. A galvanic battery is a machine. within the section: R. v. Gover, 9 Cox, 282.

Indictment for having a puncheon in possession.one puncheon in and upon which there was then made and impressed the figure of one of the sides, that is to say, the head side of a piece of the current silver coin commonly called a shilling, knowingly, falsely, deceitfully and unlawfully, and without lawful authority or excuse, had in his custody and possession.

An indictment which charged that the defendant feloniously had in his possession a mould "upon which said mould was made and impressed the figure and apparent resemblance" of the obverse side of a sixpence, was held bad on demurrer, as not sufficiently showing that the impression was on the mould at the time when he had it in his possession: R. v. Richmond, 1 C. & K. 240.

As to evidence of possession see s. 3, ante; R. v. Rogers, 2 Moo. 85. The prisoner had occupied a house for about a month before the police entered it, and found two men and two women there, one of whom was the wife of the prisoner. The men attacked the police, and the women threw something into the fire. The police succeeded, however, in preserving part of what the women threw away, which proved to be fragments of a plaster-of-Paris mould of a halfcrown. The prisoner came in shortly afterwards, and, on searching the house, a quantity of plaster-of-Paris was found up-stairs. An iron ladle and some fragments of plaster-of-Paris moulds were also found. It was proved that the prisoner, thirteen days before the day in question, had passed a bad half-crown, but there was no evidence that it had been made in the mould found by the police. He was afterwards tried and convicted for uttering the base halfIt was held that there was sufficient evidence to justify the conviction, and that, on a trial for felony, other substantive felonies which have a tendency to establish the scienter of the defendant may be proved for that purpose: R. v. Weeks, L. & C. 18. In R. v. Harvey, 11 Cox, 662, it was held: 1. That an indictment under this section is sufficient if it charges possession without lawful excuse, as excuse would include authority; 2. That the words "the proof whereof shall lie on the accused" only shift the burden of proof, and do not alter the character of the offence; 3. That the fact that the Mint authorities, upon information forwarded to them, gave authority to the die maker to make the die, and that the police gave permission

crown.

to him to give the die to the prisoner, who ordered him to make it, did not constitute lawful authority or excuse for prisoner's possession of the die; 4. That, to complete the offence, a felonious intent is not necessary; and, upon a case reserved, the conviction was affirmed.

Indictment for making a collar.one collar adapted and intended for the marking of coin round the edges with grainings apparently resembling those on the edges of a piece of the current gold coin called a sovereign, falsely, deceitfully and unlawfully, without lawful authority or excuse, did make, he the said J. S. then well knowing the same to be so adapted and intended as aforesaid.

It must be proved, upon this indictment that the defendant knew the instrument to be adapted and intended for the marking of coin round the edges.

It must be remarked that the said clause expressly applies to tools for marking foreign coin, as well as current coin.

BRINGING INSTRUMENTS INTO CANADA.

467. Every one is guilty of an indictable offence and liable to imprisonment or 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. R. S. C. c. 167, 8. 25. 24-25 V. c. 99, s. 25 (Imp.).

CLIPPING CURRENT GOLD OR SILVER COIN.

468. Every one is guilty of an indictable offence and liable to fourteen 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. R. S. C. c. 167, s. 5. 24-25 V. c. 99, s. 4 (Imp.).

Indictment.

ten pieces of current gold coin, called sovereigns, falsely, deceitfully and unlawfully did impair, with intent that each of the ten pieces so impaired might pass for a piece of current gold coin, called a sove

The act of impairing must be shown, either by direct. evidence of persons who saw the prisoner engaged in it, or by presumptive evidence, such as the possession of filings and of impaired coin, or of instruments for filing, etc. The intent to pass off the impaired coin must then appear. This may be done by showing that the prisoner attempted to pass the coin so impaired, or that he carried it about his person, which would raise a presumption that he intended to pass it. And if the coin were not so defaced by the process by impairing, as apparently to affect its currency, it would, under the circumstances, without further evidence, be a question for the jury, whether the diminished coin was intended to be passed: Roscoe on Coining, 19.

DEFACING CURRENT COIN.

469. Every one is guilty of an indictable offence 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. R. S. C. c. 167, s. 17. 24-25 V. c. 99, s. 16 (Imp.).

Fine, s. 958.

Indictment for defacing coin.—

one piece of

the current silver coin, called a half-crown, unlawfully did deface, by then stamping thereon certain names and words, to wit

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.

POSSESSING CLIPPINGS, ETC.

470. Every one is guilty of an indictable offence 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. R. S. C. c. 167, s. 6. 24-25 V. c. 99, s. 5 (Imp.).

"Having in possession" defined, s. 3.

Greaves remarks: "This clause is new. It has frequently happened that filings and clippings, and gold dust

have been found under such circumstances as to leave no doubt that they were produced by impairing coin but there has been no evidence to prove that any particular coin had been impaired. This clause is intended to meet such cases."

POSSESSING COUNTERFEIT COIN.

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

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

(b) three or more pieces of counterfeit coin resembling, or apparently intended to resemble or pass for, any current copper coin. R. S. C. c. 167, ss. 12 & 16. 24-25 V. c. 99, ss. 11 & 15 (Imp.).

"Having in possession " defined, s. 3.

Fine, s. 958. Search warrant, s. 569.

The punishment under (b) was only one year by the repealed Act.

Indictment for having in possession counterfeit gold or silver coin with intent, etc. unlawfully, falsely and deceitfully had in his custody and possession four pieces of counterfeit coin, resembling the current silver coin called

with intent to utter the said pieces of counterfeit coin, he the said J. S. then well knowing the said pieces of counterfeit coin to be counterfeit.

See R. v. Hermann, 4 Q. B. D. 284, 14 Cox, 279, Warb. Lead. Cas. 77.

OFFENCES RESPECTING COPPER COIN.

472. Every one is guilty of an indictable offence and liable to three years' imprisonment who

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

(b) without lawful authority or excuse, the proof of which shall lie on him, knowingly

(i) makes or mends, or begins or proceeds to make or mend, or buys or sells, or has in his custody or possession, any instrument, tool or engine adapted and intended for counterfeiting any current copper coin;

(ii) buys, sells, receives, pays or puts off, or offers to buy, sell, receive, pay or put off, any counterfeit coin resembling, or apparently intended to resemble or pass for, any current copper coin, at or for a lower rate of value