868
Coin suspected
to be diminished or counterfeit
may be cut by any person to whom it is rendered.
[See Proclamation 20th Oct. 1805.]
Who shall bear the loss,
Provision for
the discovery and seizure of counterfeit coin and coining tools for secur ing them as evidence, and for ultimately disposing of them. [See ibid.]
ORDINANCE No. 10 OF 1865.
Coinage Offences.
any of the several matters aforesaid, or any coin, bullion, metal, or mixture of metals, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.
26. Where any coin shall be tendered as the Queen's current gold or silver coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing, or to be counterfeit, it shall be lawful for such person to cut, break, bend or deface such coin, and if any coin so cut, broken, bent or defaced shall appear to be diminished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight, and shall appear to be lawful coin, the person cutting, breaking, bending or defacing the same is hereby required to receive the same at the rate it was coined for; and if any dispute shall arise, whether the coin so cut, broken, bent or defaced, be diminished in manner aforesaid, or counterfeit, it shall be heard and finally determined in a summary manner by a Police Magistrate, who is hereby empowered to examine upon oath or declaration as well the parties as any other person in order to the decision of such dispute; and the Colonial Treasurer, his deputies and clerks, and the receivers of every branch of the revenue of this Colony are hereby required to cut, break, or deface, or cause to be cut, broken or defaced, every piece of counterfeit or unlawfully diminished gold or silver coin which shall be tendered to them in payment of any part of the revenue. [Repealed by Ordinance No. 4 of 1887.]
27. If any person shall find or discover in any place whatever, or in the custody or possession of any person having the same without lawful authority or excuse, any false or counterfeit coin, resembling or apparently intended to resemble or pass for any of the Queen's current gold, silver, or copper coin, or any coin of any foreign prince, state, or country, or any instrument, tool, or engine whatsoever, adapted and intended for the counterfeiting of any such coin, or any filings, or clippings, or any gold or silver bullion, or any gold or silver in dust, solution, or otherwise, which shall have been produced or obtained by diminishing or lightening any of the Queen's current gold or silver coin, it shall be lawful for the person so finding or discovering, and he is hereby required to seize the same, and to carry the same forthwith before a Police Magistrate; and where it shall be proved on the oath or declaration of a credible witness before a Police Magistrate, that there is reasonable cause to suspect that any person has been concerned in counterfeiting the Queen's current gold, silver, or copper coin, or any such foreign or other coin as in this Ordinance before mentioned, or has in his custody or possession any such false or counterfeit coin, or any instrument, tool, or engine, whatsoever adapted and intended for the making or counterfeiting of any such coin, or any other machine used or intended to be used for making or counterfeiting any such coin, or any such filings, clippings, or bullion, or
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