450
notes (defined as including any notes, by whatever name called, which are legal tender in the country in which they are issued) issued by or on behalf of the Government of any country outside the United Kingdom on the same footing as bank notes under the Forgery Ordinance, 1922. In this Colony currency notes have already been placed on the same footing as bank notes for the purposes of the Forgery Ordinance, No. 11 of 1922, by the Forgery Amendment Ordinance, No. 11 of 1924, which defined currency notes as including any note issued as currency by or under the authority of the government of any part of His Majesty's dominions, or any protectorate, or of any foreign state, or of any part or colony or dependency of any foreign state. This local definition is even more comprehensive than that given in the Act of 1935, and it avoids the necessity of requiring proof that any particular currency note issued by a regional authority is legal tender in the country in which it is issued. The one-dollar currency notes issued in this Colony under Ordinance No. 42 of 1935 are legal tender for the payment of any amount.
4. Section 2 of the Ordinance adds a new sub-section to section 15 of Ordinance No. 11 of 1922, as amended by section 7 of Ordinance No. 11 of 1924. to the same effect as section 2 of the Act of 1935. In order to adapt the language of the Act to that of the local enactment currency notes are expressly mentioned after bank-notes, a magistrate is substituted for a justice of the peace and the Treasurer is substituted for the Secretary of State. Compare section 25 (2) of Ordinance No. 7 of 1865 where the Treasurer is referred to in coinage cases.
5. Section 3 (1) of the Ordinance repeals sections 15 to 20 of the Ordinance No. 7 of 1865 and the heading thereto. these sections correspond to sections 18 to 23 of the Coinage Offences Act, 1861, which are repealed by the first part of section 3 (1) of the Act of 1935. By section 26 (1) of Ordinance No. 31 of 1911 reference to any series of sections is held to be inclusive of the sections mentioned.
6. Section 3 (2) makes amendments in the provisions of Ordinance No. 7 of 1865, corresponding, mutatis mutandis. with those made in the Coinage Offences Act, 1861, by the last part of section 3 (1) and Part I of the Schedule to the Act of 1935.
The Colony has no enactment corresponding to sections 2 and 3 of the Counterfeit Medal Act, 1883, or section 2 of the Revenue Act, 1889, dealt with in Parts II and III of the Schedule to the Act of 1935.
7. Section 3 (3) is an adaptation of section 3 (2) of the Act of 1935 and provides a penalty of imprisonment for fourteen years for importing counterfeit gold or silver coin or for exporting counterfeit current coin. Hitherto the former has been a felony punishable with life imprisonment. and the latter a misdemeanor punishable with imprisonment for two years. The importation of counterfeit current copper coin is already a felony punishable with seven years imprisonment under sub-section (4) of section 13 of Ordin- ance No. 7 of 1865, enacted by section 3 of the Coinage Offences Amendment Ordinance, 1936. as amended by Penal paragraph (m) of section 3 (2) of this Ordinance. servitude in this Colony was abolished in 1887 since when it has been usual to substitute a corresponding term of imprison- ment which (under section 9 of Ordinance No. 30 of 1911) means imprisonment with hard labour.
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