2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 66 (b) "(i) Sec. (ii) 66 "Break." (56) "Entrance into a building." (57) Sec. 408. Sec. 455. Breaking place of worship and committing indictable offence therein. Unchanged. Sec. 409. Sec. 456. Breaking place of public worship with intent to commit indictable offence. Sec. 410. Sec. 457. Burglary. Unchanged. Unchanged. Unchanged. To effect an entrance to a dwelling-house by further lifting a partly open window is not a "breaking." Where an indictment for burglary charges only the breaking and entering with intent, - and does not charge a breaking out, and the evidence shews that two windows had been disturbed sufficiently to allow of an entrance, one of them being previously closed and the other partly open, but it does not appear by which of them the entrance was made, it is error to instruct the jury that an entrance by either is sufficient, and the misdirection is a substantial wrong to the accused entitling him to a new trial. (58) Sec. 412. Sec. 459. House-breaking with intent. Sec. 413. Sec. 460. Shop-breaking. Sec. 461. Shop-breaking with intent. Unchanged. Sec. 414. On an indictment for being unlawfully in a dwelling-house by night with intent to assault, a written verdict of "guilty of being in the house unlawfully, also guilty of assault," is a good verdict of guilty on the charge, as the assault necessarily includes the intent. (59) To complete the offence of being unlawfully in a dwelling-house with intent to assault, it is sufficient that the intent originated after the entry, and that the assault was threatened by the accused in his efforts to escape from the house after being discovered therein. (60) Sec. 416. Sec. 463. Being found armed with intent to break a dwelling-house. Unchanged. Sec. 417. Sec. 464. Having burglars' tools, or being disguised, etc. Unchanged. Sec. 418. Sec. 465. Punishment after previous conviction. (56) Transferred to sec. 335 (c), ante. Unchanged. (57) Transferred to sec. 340, ante, (58) R. v. Burns, 7 Can. Cr. Cas., 95; 36 N. S. R., 257. (59) R. v. Higgins, 10 Can. Cr. Cas., 456; 38 N. S. R., 328. (60) Ib. 4 Sec. 424. Sec. 467. Uttering forged documents. Unchanged. The uttering of a false letter of introduction, the signature to which is forged is an indictable offence, if the person uttering same knows it to be a false document and to have been made with intent that it should be acted upon as genuine to the prejudice of any one. (65) Unless the forged instrument has been lost or destroyed, it must be produced to establish a prima facie case of forgery. (66) Sec. 423. Sec. 468. Punishment for forgery. commits forgery of Every one who (A) (a) to (y) (a) to (y) any document, etc. is guilty of an indictable offence, and liable to imprisonment for life, if the document forged purports to be, or was intended by the offender to be understood to be, or to be used as genuine. Meaning unchanged. Sec. 423. Sec. 469. Punishment for forgery. - Every one who commits forgery of (B) (a),(b), (a),(b), any entry, etc. is guilty of an indictable offence and liable to fourteen years' imprisonment, if the document forged purports to be or was intended by the offender to be understood to be, or to be used as genuine. Meaning unchanged. Sec. 423. Sec. 470. Punishment of forgery. - Every one who commits forgery of (C) (a),to (n), (a) to (n), any record of any court of justice, etc. is guilty of an indictable offence and liable to seven years' imprisonment, if the document forged purports to be, or was intended by the offender to be understood to be, or to be used as genuine. Meaning unchanged. Sec. 434. Sec. 471. Instruments of forgery. (61) Transferred to sec. 335 (f), ante. Unchanged. (63) Transferred to sec. 335 (h), ante. (64) Transferred to sec. 335 (j), ante. (65) Re Abeel. 8 Can. Cr. Cas., 189. (66) Re Harsha, (No. 1), 10 Can. Cr. Cas., 433; 10 Ont. L. R.. 457. 2ND EDIT. REVISED STATUTES 1906 REMARKS OFFENCES RESEMBLING FORGERY. Sec. 425. Sec. 472. Counterfeiting government seals.. Unchanged in meaning. Sec. 473. Counterfeiting seals of courts or registry offices or burial boards. Unchanged in meaning. Sec. 427. Sec. 474. Unlawfully printing or tendering in evidence any counterfeit proclamation. Unchanged. Sec. 428. Sec. 475. Sending telegrams in false names. Unchanged. Sec. 429. Sec. 476. Sending false telegrams or letters. Unchanged. Sec. 430. Possessing forged bank notes. Omilted here. (67) Sec. 431. Sec. 477. Drawing document without authority. Unchanged. Sec. 432. Sec. 478. Obtaining anything by forged instrument or by probate of forged will. Sec. 433. Sec. Meaning unchanged. Interpretation of terms. (a) Exchequer bill paper. (68) Interpretation of terms. (b) Revenue paper. (69) Sec. 435. Sec. 479. Counterfeiting Stamps, etc. Unchanged. Sec. 436. Sec. 480. Injuring register of births and deaths. Unchanged. Sec. 437. Sec. 481. Falsfying extracts from registers. Unchanged. Sec. 438. Sec. 482. Making false certificates of entries, and utUnchanged. tering false certificates. Sec. 439. Sec. 483. Knowingly certifying false copy by official, and forgery of certificates. Unchanged. Sec. 440. Sec. 484. False entry in Government account books. Sec. 441. Sec. 485. False dividend warrants. Unchanged. Printing circulars, etc., in likeness of notes. (67) Transferred to sec. 550, post. (68) Transferred to sec. 335 (i), ante. (69) Transferred to sec. 335 (p), ante. (70) Transferred to sec. 551, post. FORGERY OF TRADE MARKS and FRAUDULENT MARKING OF MERCHANDISE. or ini Sec. 445. Sec. 486. Forgery of Trade Marks defined. Unchanged. Sec. 446. Sec. 487. Applying trade-marks or trade descriptions to goods. Unchanged. Appellant asked at respondent's shop for two half pounds of tea, and was supplied with two packets, on the outside of each of which was stamped, in ink, a notice that the weight, including the wrapper, was more than half a pound. The Court upheld the refusal of the magistrates to convict, and held that there had been no false trade description within the meaning of the Act. (72) An article was sold in packets as "S's patent refined isinglass," preceded by the words "By Her Majesty's Royal Letters Patent" and the Royal coat of arms. On analysis, the contents of the packets were found to be gelatine. An information for unlawfully applying to gelatine a false description, and thereby stating it to be isinglass, also with representing it to be the subject of an existing patent, was rightly dismissed on the ground that isinglass was often used for gelatinous matters, and that the words "patent refined isinglass" was not an untrue description. (73) (71) Transferred to sec. 335, (s), ante. (71f) Transferred to sec. 335 (n), ante. (719) Transferred to sec. 335 (k), ante. (72) Langley v. Bombay Tea Co., 19 Cox C. C., 551. (73) Gridley v. Swinborne, 52 J. P., 791. 2ND EDIT. REVISED STATUTES 1906 REMARKS The foundation of a margarine mixture made in France and imported as "Oleo Margarine," was mixed, in Southampton, with a small percentage of Danish butter and English milk. The finished product was called "Le Dansk," and was sold in England in card boxes under the description "Le Dansk French Factory, Le Dansk, Paris." The conviction was affirmed on the grounds that the words were a false description, and the article was obviously represented as a foreign make when it was not. (74) At his establishment in Ireland, Lipton sold, under the descriptions, (1) "Lipton's prime mild cured," and, (2) "First quality smoked ham, own cure at Lipton's market," hams which had been manufactured and cured by him in America. The Court of Queen's Bench (Ireland), held that neither of the descriptions was a false trade description. (75) At Christies, there was sold a piece of china marked, in the catalogue, "Dresden," but on the lot being reached, the auctioneer said, to the assembled, buyers, "Our attention has been drawn to this. lot, and we sell it for what it is worth," and put his pen through the word "Dresden." No attempt was made to shew that the article was Dresden China. The Queens Bench Division set aside the conviction of the auctioneers, and held that the defendant might show in his defence that he acted innocently, although at the time of the sale he had reason to suspect the genuineness of the trade description and so be exonerated. (76) Sec. 447. Sec. 488. Forgery of a trade mark, or false application of a trade mark, etc., an indictable offence. Unchanged. 2. On any prosecution for forging a trade mark, the burden of proof of the as.sent of the proprietor shall lie on the deTaken from old sec. 710. fendant. Upon a prosecution for falsely applying an imitation of a trade mark, with intent to defraud, it is open to the accused to attack the validity of the registered trade mark: and if, upon the evidence, it appears that the registered trade mark merely denotes the component parts of the goods, the registration is invalid. (77) Sec. 448. Sec. 489. Selling goods falsely marked. — Defense. Unchanged. Sec. 449. Sec. 490. Defacing trade marks on Casks, etc. Trading in bottles marked with a trade (74) Bischop v. Toler, 653 L. J. M. C. 1; Tremeear's Criminal Code, 377. (75) R. v. Lipton, 32 L. R. (Ir.), 115. (76) Christie Manson & Woods v. Copper, 2 Q. B., 522. |