(e) any entry in any register or book kept, under the pro- Entry in visions of any law, in or under the authority of any court register. of justice or magistrate acting as such; or, (f) any copy of any letters patent, or of the enrolment or Letters enregistration of letters patent, or of any certificates patent. thereof; or, (g) any license or certificate for or of marriage; or, License. (h) any contract or document which, either by itself or Contract. with others, amounts to a contract, or is evidence of a contract; or, Power of attorney. (i) any power or letter of attorney or mandate; or, (j) any authority or request for the payment of money, or for the delivery of goods, or of any note, bill or valuable Orders for security; or, money or goods. Receipt or (k) any acquittance or discharge, or any voucher of having received any goods, money, note, bill or valuable security, discharge. or any instrument which is evidence of any such receipt; or, (1) any document to be given in evidence as a genuine docu- Documentary ment in any judicial proceeding; or, evidence. (m) any ticket or order for a free or paid passage on any Railway carriage, tramway or railway, or any steam or other vessel; ticket. or, (n) any document not mentioned in this or the two last pre- Other ceding sections; documents. is guilty of an indictable offence and liable to seven years' im- Penalty. prisonment if the document forged purports to be, or was intended by the offender to be understood to be, or to be used as genuine. 55-56 V., c. 29, s. 423. Jurisdiction.]-In Ontario a provincial statute, 53 Vict., ch. 18, was passed, by which it was declared that courts of general sessions should have jurisdiction to try any person for any offence under certain sections of the Forgery Act, R.S.C., ch. 165. It was held that the provincial legislature had power to so enact, and that such a provision was one relating to the constitution of a court rather than to criminal procedure. R. v. Levinger, 22 O.R. 690. But a provision in the same statute authorizing police magistrates to try and to convict persons charged with forgery was declared ultra vires. R. v. Toland, 22 O.R. 505. Indictment.]—Where in an indictment for forgery the forged document is set out verbatim it is not necessary to give a description of its legal character. R. v. Carson (1864), 14 U.C.C.P. 309. Authority for payment of money.]—A writing not addressed to any one may be an order for the payment of money if it be shewn by evidence for whom it was intended. In this case the order was for $15 in favour of "bearer or R.R. and purported to be signed by one B." The prisoner in person presented it to M., representing himself to be the payee and a credi-. Penalty. Machinery for exchequer bill paper. Engraving for bill or note. Using the same. Possessing the same. Making exchequer or other bill paper. Engraving for government bond. tor of B. It was held that it might fairly be inferred to have been intended for M., and a conviction for forgery was sustained. R. v. Parker (1864), 15 U.C.C.P. 15. Evidence.]-The fact of his flight from a charge of forgery militates against the accused. R. v. Judd (1788), 2 T.R. 255; R. v. Van Aerman (1854), 4 U.C.C.P. 288. Corroboration.]-A conviction cannot be made for forgery upon the evidence of one witness unless such witness is corroborated in some material particular by evidence implicating the accused. Cr. Code, sec. 1002. And see note to that section. A witness who testified that the forged signatures were written by the accused is not corroborated in a "material particular by evidence impli cating the accused" by proof that certain other signatures were in the same handwriting, when the only evidence shewing that the latter signatures were written by the accused was the testimony of the same witness who had testified to the handwriting of the signatures first mentioned. R. v. McBride (1895), 2 Can. Cr. Cas. 544 (Ont.). 471. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, without lawful authority or excuse, the proof whereof shall lie on him, (a) makes, begins to make, uses or knowingly has in his possession, any machinery or instrument or material for making exchequer bill paper, revenue paper or paper intended to resemble the bill paper of any firm or body corporate, or person carrying on the business of banking; or, (b) engraves or makes upon any plate or material anything purporting to be, or apparently intended to resemble, the whole or any part of any exchequer bill or bank note; or, (c) uses any such plate or material for printing any part of any such exchequer bill or bank note; or, (d) knowingly has in his possession any such plate or (e) makes, uses or knowingly has in his possession any same. (g) uses any such plate or other material for printing the Using the whole or any part of such bond or undertaking; or, (h) knowingly offers, disposes of or has in his possession Possessing any paper upon which such bond or undertaking, or any the same. part thereof, has been printed. 55-56 V., c. 29, s. 434. Offences Resembling Forgery. ment seals. 472. Every one is guilty of an indictable offence and liable Counterfeitto imprisonment for life who unlawfully makes or who counter- ing governfeits any public seal of the United Kingdom or any part thereof, or of Canada or any part thereof, or of any dominion, possession or colony of His Majesty, or the impression of any such seal, or uses any such seal or impression, knowing the same to be so unlawfully made or counterfeited. 55-56 V., c. 29, s. 425. courts or 473. Every one is guilty of an indictable offence and liable Counterfeitto fourteen years' imprisonment who unlawfully makes or who ing seals of counterfeits any seal of a court of justice, or any seal of or registry or belonging to any registry office or burial board, or the impres- burial sion of any such seal, or uses any such seal or impression knowing the same to be so unlawfully made or counterfeited. 55-56 V., c. 29, s. 426. boards. 474. Every one is guilty of an indictable offence and liable Unlawfully to seven years' imprisonment who prints any proclamation, printing order, regulation or appointment, or notice thereof, and causes proclamathe same falsely to purport to have been printed by the King's tion. Printer for Canada, or the Government printer for any province of Canada, as the case may be, or tenders in evidence any Tendering copy of any proclamation, order, regulation or appointment same in which falsely purports to have been printed as aforesaid, knowing that the same was not so printed. 55-56 V., c. 29, s. 427. evidence. false names. 475. Every one is guilty of an indictable offence who, Sending with intent to defraud, causes or procures any telegram to be telegrams in sent or delivered as being sent by the authority of any person knowing that it is not sent by such authority, with intent that such telegram should be acted on as being sent by that person's authority, and is liable, upon conviction thereof, to the same punishment as if he had forged a document to the same effect as that of the telegram. 55-56 V., c. 29, s. 428. 25-CRIM. CODE. Sending false telegrams. Drawing document without authority. Penalty. 476. Every one is guilty of an indictable offence and liable to two years' imprisonment who, with intent to injure or alarm any person, sends, causes, or procures to be sent any telegram or letter or other message containing matter which he knows to be false. 55-56 V., c. 29, s. 429. Obtaining anything by forged instrument or by probate of forged will. 477. Every one is guilty of an indictable offence who, with intent to defraud and without lawful authority or excuse, makes or executes, draws, signs, accepts or endorses, in the name or on the account of another person, by procuration or otherwise, any document, or makes use of or utters any such document knowing it to be so made, executed, signed, accepted or endorsed, and is liable to the same punishment as if he had forged such document. 55-56 V., c. 29, s. 431. Any document.]-A "document" here means any paper, parchment, or other material used for writing or printing, marked with matter capable of being read, but does not include trade marks on articles of commerce, or inscriptions on stone or metal or other like material. Sec. 335 (f). An indictment may be laid for unlawfully and with intent to defraud signing a promissory note by procuration, authough the name signed is the name of a testamentary succession or of an estate in liquidation (e.g., "Estate John Doe"), but if the indictment does not disclose the particulars, an order will be made against the Crown to furnish particulars of the names and capacities of the persons representing such estate at the time I when the offence is alleged to have been committed, and directing that the defendants be not arraigned until after the particulars have been delivered. R. v. Weir (No. 2) (1899), 3 Can. Cr. Cas. 155. A count of an indictment charging the defendant with having, with intent to defraud, unlawfully made use of and uttered a promissory note, alleged to have been made and signed by one of the defendants by procuration without lawful authority or excuse and with intent to defraud, is defective if it does not also allege that the defendants knew it to have been so made and signed. Such a defect is one of substance and cannot be amended under Code sec. 629. R. v. Weir (No. 5) (1900), 3 Can. Cr. Cas. 431 (Que.). 478. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, (a) demands, receives, or obtains anything, or causes or procures anything to be delivered or paid to any person, under, upon, or by virtue of any forged instrument knowing the same to be forged, or under, upon, or by virtue of any probate or letters of administration, knowing the will, codicil or testamentary writing on which such probate or letters of administration were obtained to be forged, or knowing the probate or letters of administration to have been obtained by any false oath, affirmation, or affidavit; or, (b) attempts to do any such thing as aforesaid. 55-56 V., Attempt. c. 29, s. 432. 479. Every one is guilty of an indictable offence and liable Penalty. to fourteen years' imprisonment who, stamp. (a) fraudulently counterfeits any stamp, whether impressed Counteror adhesive, used for the purposes of revenue by the Gov- feiting ernment of the United Kingdom or of Canada, or by the government of any province of Canada, or of any possession or colony of His Majesty, or by any foreign prince or state; or, (b) knowingly sells or exposes for sale, or utters or uses any Disposal of such counterfeit stamp; or, same. (c) without lawful excuse, the proof whereof shall lie on Making, etc., him, makes, or has knowingly in his possession, any die or die for instrument capable of making the impression of any such same. stamp as aforesaid, or any part thereof; or, (d) fraudulently cuts, tears or in any way removes from Removing any material any such stamp, with intent that any use stamp. should be made of such stamp or of any part thereof; or, stamp. (e) fraudulently mutilates any such stamp with intent that Mutilating any use should be made of any part of such stamp; or, (f) fraudulently fixes or places upon any material, or upon Using stamp any stamp aforesaid, any stamp or part of a stamp which, fraudu whether fraudulently or not, has been cut, torn, or in any other way removed from any other material or out of or from any other stamp; or, lently. (g) fraudulently erases, or otherwise, either really or appar- Erasing marks on ently, removes, from any stamped material any name, stamped mutilated or erased (h) knowingly and without lawful excuse the proof whereof Possessing shall lie upon him has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or other- stamp. wise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise, either really or apparently, removed; or, (i) without lawful authority makes or counterfeits any mark Counterfeitor brand used by the Government of the United Kingdom ing Governof Great Britain and Ireland, the Government of Canada, or brand. ment mark |