An Act respecting the Manufacture or Importation of Copper Coins or Tokens

31 Victoria, c. 47
An Act respecting the Manufacture or Importation of Copper Coins or Tokens
212639231 Victoria, c. 47
An Act respecting the Manufacture or Importation of Copper Coins or Tokens

CAP. XLVII.

An Act respecting the Manufacture or Importation of Copper Coins or Tokens.
[Assented to 22nd May, 1868.]

Preamble.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Copper Coin not to be imported or manufactured in Canada.1. Except the lawful copper coin of the United Kingdom, or copper coins legally current in Canada, under any Act in force in Canada, or in any of the Provinces in Canada, or any Proclamation issued under the authority of any such Act, no person body politic or corporate, shall import into Canada, or manufacture therein any Copper or Brass Coin or Tokens of any description.

Penalty for manufacture or importation of copper coin.2. Whosoever manufactures in Canada any Brass or Copper Coin or Tokens or imports into Canada any Copper or Brass Coin or Tokens, other than such as are lawfully current therein, under any Act or law then in force in any of the Provinces constituting Canada, with the intention of putting the same into circulation as current Coin or Tokens, shall incur a penalty not exceeding twenty dollars, for every pound Troy of the weight thereof; and all such Coin or Tokens as aforesaid imported or manufactured shall be forfeited to Her Majesty, for the public uses of Canada.

Seizure of such coin.3. Any two or more Justices of the Peace, on the oath of a credible person, that any such Coin or Tokens have been unlawfully manufactured or imported as aforesaid, shall cause the same to be seized and detained, and shall summon the person in whose possession the same have been found, to appear before them, and if it appears to their satisfaction, on the oath of a credible witness, other than the informer, Forfeiture on proof.that such Coin or Tokens have been manufactured or imported in contravention of this Act, such Justices shall declare the same forfeited, and shall place them in safe keeping to await the disposal of the Governor, for the public uses of Canada.

When the penalty shall be enforced.4. If in like manner, it appears to the satisfaction of such Justices, that the person in whose possession such Coin or Tokens were found knew the same to have been so illegally manufactured or imported, they may condemn the offender to pay the penalty aforesaid with costs, and may commit him to the Common Gaol of the district, county or place, or other place of confinement, for a period not exceeding two months, if such penalty and costs are not forthwith paid, or until the same be paid.

Recovery of penalty from the owner in certain cases.5. If it appears to the satisfaction of such Justices of the Peace, that the person in whose possession such Coins or Tokens were found, was not aware of their having been so illegally manufactured or imported, the penalty may, on the oath of any one credible witness other than the plaintiff, be recovered, from the owner thereof, by any person who sues for the same in any Court of competent jurisdiction.

Officer of customs may seize such coin.6. Any officer of Her Majesty's Customs may seize any Coin OT Tokens, imported or attempted to be imported into Canada in contravention of this Act, and may detain the same as forfeited, to await the disposal of the Governor, for the public uses of Canada.

Uttering illegal copper coin.7. Whosoever utters, tenders, or offers in payment any Copper or Brass Coin, other than current Coin or Tokens issued under lawful authority, or such Coins or Tokens as have been lawfully imported into, or manufactured in Canada, according to the provisions of any Act or law heretofore in force in any of the Provinces now constituting Canada, shall forfeit double the nominal value thereof.

Recovery of penalty.8. Such penalty may be recovered, with costs, in a summary manner, on the oath of one credible witness, other than the informer, before any Justice of the Peace, who if such penalty and costs be not forthwith paid, may commit the offender to the Common Gaol of the district, county, or place or other place of confinement, for a period not exceeding eight days, or until the same be paid, if sooner paid.

Disposal of penalties.9. One moiety of any of the penalties imposed by any of the next preceding six sections of this Act (but not the Coins or Tokens forfeited under the provisions thereof), shall go to the informer or person suing for the same, and the other moiety shall belong to Her Majesty for the public uses of Canada.

interpretation.10. The words " Copper or Brass Coins or Tokens " in this Act shall include Coins or Tokens of Bronze, or of any other mixed metal, or other than gold or silver.

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