610
521
520
Persons counterfeiting Foreign Coin other than Gold and Silver Coin.
Penalty for Persons having more than Five Pieces of such counterfeit Foreign Coin in their Possession.
Making, mending, or having Possession of any Coining Tools, Felony.
ORDINANCE No. 10 of 1865.
Coinage Offences.
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.
XXII. Whosoever shall falsely make or counterfeit any Kind of Coin not being the Queen's 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, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, for the First Offence to be imprisoned for any Term not exceeding One Year, and for the Second Offence to be kept in Penal Servitude for any Term not exceeding Seven Years and 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.
XXIII. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall have in his Custody or Possession any greater Number of Pieces than Five Pieces of 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, or any such Copper or other Coin as in the last preceding Section mentioned, shall, on Conviction thereof before a Police Magistrate, forfeit and lose all such false and counterfeit Coin, which shall be cut in Pieces and destroyed by Order of such Magistrate, and shall for every such Offence forfeit and pay any Sum of Money not exceeding Ten Dollars nor less than Three Dollars for every such Piece of false and counterfeit Coin which shall be found in the Custody or Possession of such Person, one Moiety to the Informer, and the other Moiety to the Funds of the Colony; and in case any such Penalty shall not be forthwith paid, it shall be lawful for any such Magistrate to commit the Person who shall have been adjudged to pay the same to the Common Gaol, there to be kept to Hard Labour for the Space of Three Months, or until such Penalty shall be paid.
XXIV. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall knowingly make or mend, or begin or proceed to make or mend, or buy or sell, or have in his Custody or Possession, any Puncheon, Counter Puncheon, Matrix, Stamp, Die, Pattern, or Mould, in or upon which there shall be made or impressed, or which will make or impress, or which shall be adapted and intended to make or impress, the Figure, Stamp, or apparent Resemblance of both or either of the Sides of any of the Queen's 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 shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or other or have in his Custody or Possession, any Edger, Edging 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 as in this Section aforesaid, knowing the same to be so adapted and intended as aforesaid; or shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or have in his Custody or Possession, 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 as in this Section aforesaid, 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.
XXV. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall knowingly convey out of the Mint 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 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.
XXVI. 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.
XXVII. 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...
***
610
521
520
Persons couu- terfeiting Fo- reigu Coin other than
Gold and Silver
Coin.
Penalty or Persoas having more than Five
Pieces of such
counterfeit Foreign Coin in their Fosses
sion.
Making, mend- ing, or having Possession of any Coming Tools, Felony.
ORDINANCE No. 10. or 1865.
Coinage Offences.
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.
XXII. Whosoever shall falsely make or counterfeit any Kind of Coin not being the Queen's current Coin, but resembling or apparently intended to resemble or pass for any Copper Coin, or any other Coin made of any Metal of Mixed Metals of less Value than the Silver Coin of any Foreign Prince, State, or Country, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, for the First Offence to be imprisoned for any Term not exceeding One Year, and for the Second Offence to be kept in Penal Servitude for any Term not exceeding Seven Years and 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. XXIII. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall have in his Custody or Possession any greater Number of Pieces than Five Pieces of false or counterfeit Coin resembling or apparently in- tended to resemble or pass for any Gold or Silver Coin of any Foreign Prince, State, or Country, or any such Copper or other Coin as in the last preceding Section mentioned, shall, on Con- viction thereof before a Police Magistrate, forfeit and lose all such false and counterfeit Coin, which shall be cut in Pieces and destroyed by Order of such Magistrate, and shall for every such Offence forfeit and pay any Sum of Money not exceeding Ten Dollars nor less than Three Dollars for every such Piece of false and counterfeit Coin which shall be found in the Custody
or Pos- session of such Person, one Moiety to the Informer, and the other Moiety to the Funds of the Colony; and in case any such Penalty shall not be forthwith paid, it shall be lawful for any such Magis- trate to commit the Person who shall have been adjudged to pay the same to the Common Gaol, there to be kept to Hard Labour for the Space of Three Months, or until such Penalty shall be paid. XXIV. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall knowingly make or mend, or begin or proceed to make or mend, or buy or soll, or have in his Custody or Possession, any Puncheon, Counter Puncheon, Matrix, Stamp, Die, Pattern, or Mould, in or upon which there shall be made or impressed, or which will make or impress, or which shall be adapted and intended to make or im- press, the Figure, Stamp, or apparent Resemblance of both or either of the Sides of any of the Queen's 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 shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or other or have in his Custody or Possession, any Edger, Edging 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 as in this Section aforesaid, knowing the same
to
ORDINANCE No. 10. or 1865.
Coinage Offences,
to be so adapted and intended as aforesaid; or shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or have in his Custody or Possession, any Press for Coinage, or any Cut- ting Engine for cutting by force of a Screw or of any other Con- trivance, round Blanks out of Gold, Silver, or other Metal or Mixture of Metals, or any other Machine, knowing suth Press to be a Preas 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 as in this Section aforesaid, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Sorvitude 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.
out of the Mint
whom it is
XXV. Whosoever, without lawful Authority or Excuse (the Conveying Proof whereof shall lie on the Party accused), shall know- Tools or Monies ingly convey out of the Mint any Puncheon, Counter-Puncheon, without Autho Matrix, Stamp, Die, Pattern, Mould, Edger, Edging or other rity, Felony. 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 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 l'enal Servitude for Life or for auy 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.
XXVI. Where any Coin shall be tendered as the Queen's Coin suspected current Gold or Silver Coin to any Person who shall suspect the to be diminished same to be diminished otherwise than by reasonable Wearing, or or counterfeit to be counterfeit, it shall be lawful for such Person to cut, break, may be cut by bend or deface such Coin, and if any Coin so cut, broken, bent or any Person to dofaced shall appear to be diminished otherwise than by reason- tendered. able Wearing, or to be counterfeit, the Person tendering the same shall bear the Loss thereof; but if the same shall be of due Who shall Weight, and shall appear to be lawful Coin, the Person cutting, bear the Loss. breaking, bending or defacing the same is hereby required to re- ceive the same at the Rate it was coined for; and if any Dispute shall arise, whether the Coin so cut, broken, bent or defaced, he diminished in Manner aforesaid, or counterfeit, it shall be heard and finally determined in a summary Manner by a Police Magia- trate, who is hereby empowered to examine upon Oath or Decla- ration as well the Parties as any other Person in order to the Decision of such Dispute; and the Colonial Treasurer, his Depu- ties and Clerks, and the Receivers of every Branch of the Revenue of this Colony are hereby required to cut, broak, or deface, or cause to be cut, broken or defaced, every Piece of coun- terfeit or unlawfully diminished Gold or Silver Coin which shall be tendered to them in Payment of any Part of the Revenue.
XXVII. If any Person shall find or discover in any Place Frovision for whatever, or in the Custody or Possession of any Person having the Discovery the same without lawful Authority or Excuse, any false or coun- and Seizure of
terfeit
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