§ 8. The five franc silver piece of France, coined before the passing of this act, weighing not less than 16 dwts. each 0 4 8 British crown British Coins. 061 § 10. All other divisions of the silver coin of the United Kingdom of Great Britain and Ireland, lawfully current therein, of proportionate weight, shall, for proportionate sums, pass current, and be a legal tender to the amount of £2 108. currency, and no more. The holder of bank notes and other securities, exceeding £5, not liable to receive more than that sum (in small coin) if presented at one time. § 11. Copper pennies of the United Kingdom to pass for one penny currency, and the halves and quarters in proportion, such copper coin to be a legal tender for one shilling currency and no more. $ 12. If any person shall colour, gild, or case over with gold or silver, or with any wash or materials producing the colour of gold or silver, any coin of coarse gold or of coarse silver, or of base metal resembling any coin made or declared to be current by this act, or if any person or persons shall bring and import, or cause to be brought and imported into this province, any forged, false or counterfeit gold, silver or copper coin, like to any of the gold, silver or copper coin made or declared to be lawfully current in this province, knowing the same to be false, forged or counterfeit, or any coin of coarse gold, or of coarse silver, or of base metal, coloured, gilded or cased over with gold or silver, or with any wash or materials producing the colour of gold or silver, and resembling any such coin, or any piece of gilded silver, resembling any such coin, knowing the same; or if any person shall utter or tender in payment to any person or persons (as being any of the gold, silver or copper coins hereby made and delared to be current money) any false or counterfeit (a), counterfeited to any of the gold, silver or copper coins made and declared to be current by this act, as hereinbefore specified, or to any of the higher or lower denominations thereof, knowing the same to be false or counterfeit, such person shall be guilty of a misdemeanor, and on conviction, shall be liable to be imprisoned and kept at hard labour in the penitentiary, in the township of Kingston, for not more than four years; and for a second offence, shall be deemed guilty of felony, and punished accordingly. § 13. If any per (a) The word coIN is omitted in the act. son shall form, make, cut, sink, stamp, engrave, repair or mend, or shall assist therein, or shall have in his or her possession (except for some lawful purpose) any die, plate, press, tool or instrument, paper, metal or material of any kind, and constructed, devised, adapted or designed for counterfeiting or imitating any coin lawfully current in this province under the authority of this act, or any bank note, bill, or note or writing purporting to be a bank note (whether of any chartered bank or otherwise, and whether the bank whose note shall be intended to be counterfeited or imitated be or be not established within this province) in circulation in this province, or in any one of the United States of America, adjoining this province, such person shall be guilty of a misdemeanor, and punished accordingly; and the proof that such implements were made or were in the possession of such person for some lawful purpose shall lie upon the defendant. § 14. One justice, on complaint made before him, upon oath of one credible person, that there is just cause to suspect that any person has been concerned in making, counterfeiting or imitating any such coin, bank note, bill, note or writing as aforesaid, may, by warrant under his hand, cause the dwelling-house, room, work-shop, out-house or other buildings, yard, garden, ground or other place belonging to such suspected person, to be searched for any such counterfeit coin, bank notes, bills, notes or writings, and if any such, or any such die, plate, press, tool or instrument, paper, metal or material as aforesaid, shall be found in the possession or custody of any person or persons whomsoever, not having the same for some lawful purpose, any person or persons discovering the same may seize and forthwith carry the same before a justice having jurisdiction within the locality in which the same shall be seized, who shall cause the same to be secured and produced in evidence against any person who shall or may be prosecuted for any such offence as aforesaid, in any court of competent jurisdiction, and the same, after being so produced in evidence, shall, by order of the court, be defaced or destroyed, or disposed of as the court shall direct. § 15. Any person to whom any pretended gold, silver, or copper coin, shall be tendered in payment, of a suspicious appearance, may cut or break such coin, and if counterfeit, the person who tendered it shall bear the loss, otherwise the person who shall have cut or broken it shall receive it for a sum proportionate to its weight; and if any question shall arise whether such coin be counterfeit, one justice may determine; and if he entertain any doubt, may summon three skilful persons, the decision of a majority of whom shall be final. § 16. Upon counterfeit coin being produced in court, the court shall order the same to be cut in pieces in open court, or in the presence of a justice, and then delivered to the lawful owner. By 12 Vic. c. 20, after reciting that defects existed in the law touching the counterfeiting coin, it is enacted, that if any person shall falsely make or counterfeit, or cause to be made or counterfeited, any coin resembling, or apparently intended to resemble or pass for any of the Queen's current gold or silver coin, or any of the gold or silver coin made or declared to be lawfully current in this province, such person shall be guilty of misdemeanor, and on conviction shall be liable to imprisonment in the penitentiary for not more than four years; and upon a second offence shall be deemed guilty of felony, and on conviction punished accordingly. § 2. Variation in date between the forged coin and the lawful coin described in the indictment, or upon any die, shall not be a ground of acquittal. By 13 & 14 Vic. c. 9, it is enacted, that notwithstanding the seventh section of 4 & 5 Vic. c. 93, the dollars and half dollars of the nation's weights and dates in said section shall not pass for 58. 1d., and for 2s. 6d. respectively, but shall respectively pass for 5s. and 2s. 6d., as also the dollars and half dollars of the same nations, and weights of later date. § 2 authorises the governor in council to cause silver coins to be struck for circulation in this province to pass for 5s., 2s. 6d., 28., 18. 3d., 18., 6d., and 3d. each, and to be a legal tender at those rates to the amount of 2l. 108. currency, and no more, subject to the proviso in the tenth section of said act. § 3 authorises the governor in council to cause gold coins to be struck for circulation in this province, to pass respectively for 1l. 58., 17., 12s. 6d., and 10s. each, and to be a legal tender at those rates to any amount. § 4. The cost of such gold and silver coin to be defrayed out of the consolidated revenue fund of the province. 5. This act to come in force upon the 1st January, 1851, and not before. Commitment for uttering Counterfeit Coin. County of, J. C., Esq., one of the justices of our lady the Queen assigned to keep the peace within the county of -in the said county, and to the keeper of the in the said county. to wit, to the constable of common gaol at These are to command you, the said constable, in her Majesty'sname, forthwith to convey and deliver into the custody of the said keeper of the said common gaol, the body of E. F., charged this day upon the oath of A. B. before me the said justice, with having on the -day of in the said county, unlawfully and deceitfully uttered and paid to him the said A. B. one piece of false money, made and counterfeited to the likeness and similitude of a British crown, of the lawful and current money of this province; the said E. F. then at and there knowing the said piece of money to have been false and counterfeit ; and you, the said keeper, are hereby required to receive the said E. F. into your custody, in the said common gaol, and him there safely keep until he shall be from thence discharged by due course of law. Given under my hand and seal, &c. J. C. COLLECTOR OF RATES. By the municipal act, 12 Vic. c. 81, § 22, it is enacted, that it shall be the duty of the collector for the township to produce at the opening of every such election for a township, or for any ward thereof, a fair copy of the collector's roll, made up next before, such election, so far as such roll contains the names of the freeholders and householders of such township, if the election shall be by general township meeting, or so far as such roll contains the names of the freeholders and householders of the ward for which such election is held, if the election be for a ward of such township, with the amount of the assessed value of the real property for which they shall be respectively assessed on such roll: which said copy shall be verified by affidavit or affirmation of such collector appended to or endorsed upon such copy, and sworn or affirmed before any justice for the county, to the effect that the same is a true copy of such roll, and that it contains the names of all the freeholders and householders in such township, if such election be by general township meeting, or of such ward, if the election be for a ward of such township, and the amount for which they shall have been assessed as entered upon such roll as aforesaid. 28. That the municipality for each township shall, so soon as conveniently may be, after their own election or appointment, nominate and appoint three assessors for the township, and one collector for the town, who shall hold office from the time of their appointment until the third Monday in January of the next year, and until a successor be appointed, and in case of vacancy by death, or removal of residence, the municipality shall fill up the vacancy by a new appointment at its next meeting. § 31. Remuneration of township officers to be settled by by-laws, where the same is not settled by statute. § 44. Upon the election of police trustees for unincorporated villages, the collector of the township shall deliver to the person appointed to preside at such election, a true copy of the collector's roll, made up next before such election, so far as such roll contains the names of the resident freeholders and householders of such incorporated village, with the amount they shall be assessed on the roll: such copy to be verified by affidavit or affirmation in the manner prescribed in § 22, § 57. It shall be the duty of the returning officer for incorpo rated villages to procure a correct copy of the collector's roll for such village, or of the roll of the township in which such village is situated, so far as such roll exhibits the names of the freeholders and householders rated upon such roll, within the limits of such village, with the amounts they shall be assessed upon such roll, which copy shall be verified in like manner as the copies of collectors' rolls produced at the township elections. 78. Town council for each town shall appoint three assessors and one collector for each ward, to make assessments and collect taxes. § 189. In case of a writ of execution against any municipal corporation, the sheriff shall, by precept directed to the collector, command him to levy and collect, by rate, the amount of such execution, and return such precept with the amount levied (after deducting his per centage) to such sheriff. See also title " Assessment," p. 72, for collectors powers and duties under the General Assessment Act.-13 & 14 Vic. c. 67. Form of Oath by Collector, verifying copy of the Roll according to the 22 § of the 12 Vic. ch 81, to be endorsed thereon. County of A. B. of the township of, in the county of, to wit. yeoman, collector of rates for the said township, maketh oath and saith, that the within is a true copy of the collector's roll for the said township of —, made up next preceding the election, now about to be holden for township councillors in the said township, so far as the same relates to the said township of - (or to the ward of, in the said township) and that the same contains the names of all the freeholders and householders in such township (or ward) and the amount for which they have been severally assessed as entered upon such roll. Sworn, &c. COMMITMENT. ·A. B. There is no doubt but that persons apprehended for offences which are not bailable, and also all persons who neglect to offer bail for offences which are bailable, must be committed--2 Haw. 116; and wheresoever a justice is empowered by any statute to bind a person over, or to cause him to do a certain thing, and such person, being in his presence, shall refuse to be bound, or to do such thing, the justice may commit him to the gaol, there to remain till he shall comply-2 Haw. 116. If a prisoner be brought before a justice, expressly charged with felony upon oath, the justice cannot discharge him, but must bail or commit him-2 H.H. 121; but if he be charged with suspicion of felony only, yet if there be no felony at all proved to be committed, or if the fact charged as felony be in truth no felony in point of law, the justice may discharge him; but if a man be killed by another, though it may be misadventure, or self defence (which is not properly felony), or in making an assault upon a minister |