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Pattern Coins/ Essay Pieces Legality?

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checkup's Avatar
Canada
14 Posts
 Posted 04/30/2019  9:50 pm Show Profile   Bookmark this topic Add checkup to your friends list Get a Link to this Message Number of Subscribers
I come to you all with an interesting question. I don't want to delve too deeply with details at this point into the question I am posting but, in Canada is it legal to own or sell a pattern coin/ essay piece that was produced in the past?

I am talking about a coin that would have been produced more than 40 but less than 50 years ago this coin has only one side showing details (reverse) no queen on obverse. As far as I am aware it is currently owned by a collateral descendant from the original owner who was the director of the design aspect of this coin.

It different from the final version in a drastic way. paperwork and photographic evidence I have seen first hand without question makes me believe this coin is real and not a fake in any way.

any help would be greatly appreciated

an image of this coin hopefully will be provided (if possible) depending upon outcome of this post
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Canada
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 Posted 04/30/2019  10:31 pm  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
There is the famous 1911 dollar which most people consider is a pattern coin coming up for sale in August, many other pattern large cents and early province coins has patterns that has sold, the Paris Mint set of Canadian coins in brass, 1996 beaded toonie, there are lots of examples. I don"t think you would have much of a problem.
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spru's Avatar
United States
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 Posted 05/01/2019  02:51 am  Show Profile   Check spru's eBay Listings Bookmark this reply Add spru to your friends list Get a Link to this Reply
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sel_69l's Avatar
Australia
21788 Posts
 Posted 05/01/2019  06:15 am  Show Profile   Bookmark this reply Add sel_69l to your friends list Get a Link to this Reply
This question has a much wider implication, than just with Canadian coins.

Much discussion and legal action has taken place with the ownership of rare U.S. 1933 Double Eagles, as an example of this wider implication.

I have about a dozen essai proba trial or pattern coins, (none Canadian). What is the strict legal status of these in their own Country, and I legally able to own them? Two or more of them are probably unique.

Wider still:
It is illegal to export ancient Greek coins from Greece. All are part of the National Heritage of that Country, by current Greek Law. Many Countries around the World co operate with the Greek Government to prevent their importation into receiving Countries.
If I am to be 100% morally correct according to current Greek Law, all my collection of about 30 ancient Greek coins should be re patriated back to Greece.

When and what decision will the British Government make regarding the Elgin Marbles? Currently in the British Museum, the Greek Government contends that they were illegally stolen.

Yet,
currently Mints around the World make proof coins specifically for sale to any collector who wants to buy them, anywhere in the World. So too does the Royal Canadian Mint. Some (certainly not all), of these coins are of different specifications and metals to those laid down in Coinage Laws.

What of pattern, piedfort and error coins?
I have yet to figure out how to ask the right sorts of questions for error coins. To what extent must an error be,
for an error coin to be an error coin, and what is it's legal status?
Edited by sel_69l
05/01/2019 06:27 am
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Canada
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 Posted 05/01/2019  08:38 am  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
Generally with the RCM on errors, if the coin left the mint via it's normal distribution route they seem not to have a big problem, except for coins struck on gold planchets they are not too happy. I have one of three 1996 Macintosh apple dollar struck with antique finish, one of the RCM's VP gave them out as gifts, so all kinds weird stuff happens at the RCM and recently a set of 1936 dot coins was donated to the BOC Museum that nobody knew about by the former mint master.
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SPP-Ottawa's Avatar
Canada
10463 Posts
 Posted 05/01/2019  10:07 am  Show Profile   Check SPP-Ottawa's eBay Listings Bookmark this reply Add SPP-Ottawa to your friends list Get a Link to this Reply
Another example, gold patterns struck on brass as trials... scarce. yet legal to own and buy/sell.

https://www.PCGS.com/setregistry/co...-trials/3329

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Content of this post is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. See: http://creativecommons.org/licenses...0/deed.en_US

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checkup's Avatar
Canada
14 Posts
 Posted 05/01/2019  12:39 pm  Show Profile   Bookmark this reply Add checkup to your friends list Get a Link to this Reply
Thank you for your replies!


Quote:
Generally with the RCM on errors, if the coin left the mint via it's normal distribution route they seem not to have a big problem,

Herein lies the issue. the "coin" was owned by the "director of (blank)" so I don't know where this would fall.


Quote:


I have to hold off on that as stated in original post.

this coin is Unifaced, of the correct size but completely blank on obverse.

very similar to the gold brass maple leaf trials but in silver (or silver like metal)



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 Posted 05/01/2019  1:27 pm  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
In my dealings with odd and wonderful items from the RCM. it's not uncommon for the designers to have kept work products and were allowed to keep them, as for the recent 1936 set, there are no record of this set yet a former mint master was allowed to donate with a Canada tax reduction for it's value. If you are really worried about your coin, ask a lawyer to contact RCM you will be protected under client privilege, that route could get costly unless you know a lawyer friend
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vonigohcr's Avatar
Canada
665 Posts
 Posted 05/01/2019  1:50 pm  Show Profile   Bookmark this reply Add vonigohcr to your friends list Get a Link to this Reply
@sel_69l

Thanks for your thought provoking and informative response.

As I see it, you mention two specific classes of coins... the 1933 US gold double eagles and ancients.

For the first, the US Mint did not release these coins and claim that all but 2 donated to museums were stolen. So arguably any in possession outside of the museums or the mint are stolen property.

The second class is much more interesting and thank you for triggering some research as I was unaware that essentially all ancient coins are classed as cultural heritage, not just those from Greece.

https://coinweek.com/ancient-coins/...cient-coins/

My interpretation of the legal status of the various coins released is:
1) If released by a modern mint... Fair to own regardless of condition, error or whatever impairment.
2) If modern and not released by a mint... could be subject to a claim of theft (1933 Gold double eagles) in which case the coin could be classed as stolen property.
3) If ancient... tread carefully as it may be classed as cultural property and seized if crossing a border or found by authorities as part of any other search.

The other question is whether coins classed under 2 or 3 above are actually insurable? I am confused though as I believe that auction houses, Heritage for one, do a roaring trade in ancients. Given how public they are, how do they avoid scrutiny for their sales of ancients?

One of my other collecting hobbies is guitars and with the recent addition of Rosewood to the CITES list (Convention on Transport of Endangered Species), it has become increasingly difficult to travel with a guitar given that many have rosewood fingerboards or incorporate certain materials in embellishments. It is not impossible but it is getting to the point where a guitar needs a passport. If this level of scrutiny is applied to coins, it could kill trade in ancients. I know it has caused issues sending guitars to the factory for warranty repair.
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 Posted 05/04/2019  03:23 am  Show Profile   Bookmark this reply Add TaeKenDo to your friends list Get a Link to this Reply
Interesting topic.
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sel_69l's Avatar
Australia
21788 Posts
 Posted 05/04/2019  05:39 am  Show Profile   Bookmark this reply Add sel_69l to your friends list Get a Link to this Reply
Mint employees have been known to clandestinely make error? pattern? coins. A good example of this is the 1913 Liberty Head Nickel.

Another example:
The British Government in the early 1960's decided to close the Tower Hill Mint in London, and open an entirely new minting facility in Llanstrisant, Wales. That is where the British decimal coinage has been made.
Many mint employees did not wish to move to Wales, and preferred to live in London.
They protested by deliberately making error coins, and made sure they got into public hands, by throwing the deliberately made errors over the perimeter wall of the Mint in London.
I have such an error coin from this clandestine activity:
A Penny, dated 1965, perfectly struck, but on a very thin in planchet, with only 60% of the weight of a normal 1965 penny.

The legal status of this British 1965 Penny error? - I have no idea. There has never been any effort by the British Government to recover such errors.
Not reported in any numismatic literature that I have read.
Market value? - again, I have no idea.
Edited by sel_69l
05/04/2019 05:40 am
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