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An Act to consolidate and amend the laws, and to repeal certain Acts relating to the crime of Forgery.

28th July, 1847. ] HEREAS it is desirable that the laws concerning offences relating to forged Preamble. writings and to other forged and counterfeit matters, and to divers false

personations, false oaths, false entries, and other false matter, should be amended and consolidated into this Act, and that none of those offences shall be hereafter punishable with death: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority Forging the of the same, That if any person shall forge or counterfeit, or shall utter, knowing the Canada or of same to be forged or counterfeited, the Great Seal of this Province, or of the late Upper or LowProvince of Upper Canada, or of the late Province of Lower Canada, every such be felony, offender shall be guilty of felony, and being convicted thereof, shall be liable to be and how punkept confined at hard labour in the publicPenitentiary of this Province, for any time not less than seven years.

II. And be it enacted, That if any person shall forge or counterfeit, or shall utter, Forging Seal knowing the same to be forged or counterfeited, the Seal at Arms of any Governor, the Governor, Lieutenant Governor, or Person administering the Government of this Province, to Public Regisany commission, grant, appointment, license, warrant, order, or other instrument of a public nature appertaining or relating to the affairs of this Province, or to any instrument purporting to be a commission, grant, appointment, license, warrant, order, or other instrument of a public nature appertaining or relating to the affairs of this Province, or shall forge any public register book, appointed by law to be made or kept, or shall wilfully certify or utter any writing as and for a true copy of such public register or book, or of any entry therein, knowing such writing to be counterfeit or false, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept confined at hard labour, in the Punishment. public Penitentiary of this Province, for any term not less than five nor more than

ter, &c.

fourteen years.

III.

Bank notes, wills, Licena ses of mar

Punishment.

Forging De III. And be it enacted, That if any person shall forge or alter, or shall offer, signments of dispose of or put off, knowing the same to be forged or altered, any debenture issued Debentures, under the authority of any Act of the Legislatures of the late Provinces of Upper Scrip, &c.

Canada or of Lower Canada, or of any Act passed or to be passed hereafter by the Legislature of this Province, or any stamp or endorsement on or assignment of any such debenture, or any scrip issued by the Commissioner of Crown Lands for the time being, in lieu of or in satisfaction of any right or claim to a grant of land from the Crown in this Province or any part thereof, or any bank note, or any will, testament,

codicil, or testamentary writing, or any license of marriage, or any bill of exchange, riage, &c.

or any promissory note for the payment of money, or any indorsement on or any Bills or notes, assignment of any bill of exchange or promissory note for the payment of money, or ments thereon. any acceptance of any bill of exchange, or any undertaking, warrant or order for the

payment of money, with intent in any of the cases aforesaid to defraud any person whatsoever, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than four years, nor more than ten years.

IV. And be it enacted, That where by any law now in force in any part of this Province, any person is made liable to the punishment of death for forging or altering,

or for offering, uttering, disposing of, or putting off, knowing the same to be forged or made punish- altered, any instrument or writing, designated in such law by any special name or des

cription, and such instrument or writing, however designated, is in law a will, testadeath, and the sume is in law ment, codicil or testamentary writing, or a bill of exchange, or a promissory note for

the bil!, &c. within

payment of money, or an endorsement on or assignment of a bill of exchange, or the meaning of promissory note for the payment of money, within the true intent and meaning of this

Act, in every such case the person forging or altering such instrument or writing, or be punished offering, uttering, disposing of or putting off such instrument or writing, knowing the under this Act.

same to be forged or altered, may be indicted as an offender under this Act, and punished in the manner provided in the next foregoing section thereof.

Where by any

forgery of any instrument or

able with

a will, note,

this Act, the offender may

Forging Letters Palent, or enrollment or registration thereof. &c.

V. And be it enacted, That if any person shall forge or alter, or shall in any way publish, put off or utter as true, knowing the same to be forged or altered, any copy of letters patent, or of the enrollment or enregistration of letters patent, or of any certificate thereof now or hereafter to be made or given, or purporting to be or to have been made or given by virtue of any Statute of Upper Canada or of Lower Canada, or of this Province, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept confined at hard labour in the pubic Penitentiary of this Province, for any term not less than three years nor more than seven years, or to be imprisoned in any Common Gaol for any term not more than two years.

Punishment.

Forging transfers of stock or

VI. And be it enacted, That if any person shall forge or alter, or shall utter, knowpower of attor ing the same to be forged or altered, any transfer of any share or interest of or in the ney to transfer Capital Stock of any Body Corporate, Company or Society, which now is or hereafter ting the owner may be established by Charter or Act of Parliament in any part of this Province, or thereof, in or shall forge or alter, or shall utter, knowing the same to be forged or altered, any power the same, &c. of attorney or other authority to transfer any share or interest of or in any such Capital Stock, or to receive any dividend or profit payable in respect of any such share or

interest,

interest, or shall demand or endeavour to have any such share or interest transferred, or to receive any dividend or profit payable in respect thereof, by virtue of any such forged or altered power of attorney or other authority, knowing the same to be forged or altered, with intent in any of the several cases aforesaid, to defraud any person whatsoever; or if any person shall falsely and deceitfully personate any owner of any such share, interest, dividend or profit as aforesaid, and thereby transfer any share or interest belonging to such owner, or thereby receive any money due to such owner, as if such person were the true and lawful owner, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to Punishmer.t. be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than four years nor more than ten years.

VII. And be it enacted, That if any person shall falsely and deceitfully personate Personating any owner of any share or interest of or in the Capital Stock of any Body Corporate, stock, and Company or Society, which now is or hereafter may be established by Charter or Act scrip, &c. of Parliament in any part of this Province, or any owner of any dividend or profit payable in respect of any such share or interest as aforesaid, or any person having a claim for a grant of land from the Crown in this Province, or for any scrip or other payment or allowance in lieu of such grant of land, and shall thereby endeavour to transfer any share or interest belonging to any such owner, or thereby endeavour to receive any money due to any such owner as if such offender were the true and lawful owner, or to obtain any such grant of land, or any scrip or other payment or allowance in lieu thereof, as if such offender were entitled thereto, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Punishment. Court, to be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than three years nor more than seven years, or to be imprisoned in any Common Gaol for any term not exceeding two years.

VIII. And be it enacted, That if any person shall forge the name or handwriting of Forging signaany person as or purporting to be a witness attesting the execution of any power of ture of witneso attorney or other authority to transfer any share or interest of or in any Capital Stock attorney, or

other authority as is in this Act before mentioned, or to receive any dividend or profit payable in: respect of any such share or interest, or to assign or transfer any right to obtain a grant stock, &c. from the Crown of lands in this Province, or to obtain any scrip or other payment or allowance in lieu of such grant of land, or shall utter any such power of attorney or other authority with the name or handwriting of any person forged thereon as an attesting witness, knowing the same to be forged, every such offender shall be guilty of felony, and being convicted thereof, shall be liable at the discretion of the Court, to Punishment. be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than three years nor more than seven years, or to be confined in any Common Gaol for any term not exceeding two years.

to transfer

IX. And be it enacted, That if any person shall forge or alter, or shall offer, utter, Forging deeds, dispose of or put off, knowing the same to be forged or altered, any notarial Act or rials, receipts, instrument or copy purporting

to be an authenticated copy thereof, procès verbal of any notarial instruSurveyor, or like copy thereof, any judicial record, writ, order, return, exhibit, report, verbaux or any certificate or other document or entry made or filed in any suit or proceeding civil or judicial pro

ceeding, or excriminal in any Court of Justice, or with any officer of such Court, or any copy or emplification paper purporting to be an exemplification or authenticated or certified copy of any

such

&c.

Punishment.

such judicial record, writ, order, return, exhibit, report, certificate, or other such docu-. ment or entry as aforesaid, deed, bond, writing obligatory or any assignment of a right to land, certificate of registration or affidavit of execution, or any memorial of any deed, will or other instrument, that may now or hereafter be registered by virtue of any Statute in force in this Province or any part thereof, or any acquittance or receipt either for money or for goods, or any accountable receipt either for money or goods, as for any note, bill or other security for payment of money, or any warrant, order or request for the delivery or transfer of goods, or for the delivery of any note, bill or other security for the payment of money, or any contract, promise or agreement with intent to defraud any person whatsoever, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept confined at hard labour in the public Penitentiary of this Province, for any term not less

than four years nor more than ten years. Personating X. And be it enacted, That if any person shall knowingly and wilfully before any parties giving Court, Judge or other person lawfully authorized to take any recognizance or bail, cog iwvit &c.

acknowledge any recognizance or bail in the name of any other person not privy or consenting to the same, whether such recognizance or bail in either case be or be not filed, or if any person shall in the name of any other person not privy or consenting to the same, acknowledge any cognovit actioném or judgment, or any deed to be regis

tered or enrolled, every such offender shall be guilty of felony, and being convicted Punishment. thereof, shall be liable, at the discretion of the Court, to be kept confined at hard labour

in the public Penitentiary of this Province, for any term not less than four years nor

more than ten years. Having forged XI. And be it enacted, That if any person shall, without lawful excuse, the proof Bank-notes in whereof shall lie upon the party accused, purchase or receive from any other person,

&.

or have in his custody or possession, any forged bank-note or blank bank-note, knowing the same respectively to be forged, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than three years nor more than seven years, or to be imprisoned in any

Common Gaol for any term not exceeding two years. Engraving

XII. And be it enacted, That if any person shall engrave or in any wise make upon

any plate whatever, or upon any wood, stone or other material, any bank-note, bill of permission ; exchange or promissory note for the payment of money, purporting to lie the bank

note, bill or promissory note, or part of the bank note, bill or promissory note of any person or persons, body corporate or company carrying on the business of bankers in this Province, without the authority of such person or persons, body corporate or company, the proof of which shall lie on the party accused; or if any person shall engrave or make upon any plate whatever, or upon any wood, stone or other material, any word or words resembling or apparently intended to resemble any subscription subjoined to any bank note, bill of exchange or promissory note for the payment of

money, issued by any such person or persons, body corporate or company carrying on Or having the business of bankers, without such authority to be proved as aforesaid; or if any plates of such

person shall, without such authority, to be proved as aforesaid, use, or shall, without

lawful excuse, to be proved by the party accused, knowingly have in his custody or engraved, in possession. possession, any plate, wood, stone or other material

any such bank-note,

Punishment.

Bank-notes, &c. without

Bank-notes &c., so

upon which

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