money by way of loan on, or has bought any property stolen or lost, the money so advanced or paid, or any other sum of money for the return of such property, or prints or publishes any such advertisement, shall incur a penalty of two hundred and fifty dollars for every such offence, recoverable with costs by any person who sues for the same in any court of competent jurisdiction: ecution in 2. No action to recover any forfeiture under this section Time for prosshall be brought against the printer or publisher of a news certain cases paper, defined as a newspaper for the purposes of the Acts, for limited. the time being in force, relating to the carriage of newspapers, 2-3.) by post, except within six months after the forfeiture is incurred. 32-33 V., c. 21, s. 116;-35 V., c. 35, ss. 2 and 3. [33-34 V., c. of deeds, &c., vendor or 91. Every one who, being a seller or mortgagor of land, or Concealment of any chattel, real or personal or chose in action, or the or falsification solicitor or agent of any such seller or mortgagor, and having of pedigree by been served with a written demand of an abstract of title by mortgagor. or on behalf of the purchaser or mortgagee before the completion of the purchase or mortgage, conceals any settlement, deed, will or other instrument, material to the title, or any incumbrance, from such purchaser or mortgagee, or falsifies any pedigree upon which the title depends, with intent to defraud and in order to induce him to accept the title offered or produced to him, is guilty of a misdemeanour and liable to a fine or to two years' imprisonment or to both: Attorney 2. No prosecution for any such offence shall be commenced Consent of without the consent of the Attorney General of the Province General to within which the offence is committed, given after previous prosecution notice to the person intended to be prosecuted of the application to the Attorney General for leave to prosecute : required. dies not 3. Nothing in this section, and no proceeding, conviction or Other reme judgment had or taken thereon, shall prevent, lessen or impeach affected. any remedy which any person aggrieved by any such offence. would otherwise have had. 29 V. (Can.), c. 28, s. 20, part. 92. The three sections next following apply only to the Provisions Province of Quebec. 93. Every one who, knowing the existence of any unregistered prior sale, grant, mortgage, hypothec, privilege or incumbrance, of or upon any real property, fraudulently makes any subsequent sale of the same, or of any part thereof, is guilty of a misdemeanour, and liable to a fine not exceeding two thousand dollars, and to one year's imprisonment. C.S.L. C., c. 37, s. 113. applicable to Quebec. Fraudulent sale of pro erty. hypotheca 94. Every one who pretends to hypothecate any real Fraudulent property to which he has no legal title, is guilty of a misde- tion of promeanour, and liable to a fine not exceeding one hundred dollars perty. and to one year's imprisonment, and the proof of the ownership Knowingly seizing town ship lands not belonging to defendant. Other remedies not affected. Provisions applicable to B. C. False statements, &c., in relation to transactions in land. Other remedies not affected. Criminal liability not to protect ing evidence. of the real estate shall rest with the person so pretending to hypothecate the same. C. S. L. C., c. 37, s. 114. 95. Every person who, knowingly, wilfully and maliciously, causes or procures to be seized and taken in execution, any lands and tenements, or other real property, situate within any township in the Province of Quebec, not being, at the time of such seizure, the bona fide property of the person or persons against whom, or whose estate, the execution is issued knowing the same not to be the property of the person or persons against whom the execution is issued, is guilty of a misdemeanour, and liable to one year's imprisonment : 2. Nothing in this section, and no proceeding, conviction or judgment had or taken thereunder, shall prevent, lessen or impeach any remedy which any person aggrieved by any such offence would otherwise have had. C. S. L. C., c. 46, ss. 1 and 2. 96. The following sections apply only to the Province of British Columbia. 97. Every one who, in any proceeding to obtain the registration of any title to land or otherwise, or in any transaction relating to land, which is or is proposed to be put on the register, acting either as principal or agent, knowingly and with intent to deceive, makes or assists or joins in, or is privy to the making of any material false statement or representation, or suppresses, conceals, assists or joins in, or is privy to the suppression, withholding or concealing from any judge or registrar, or any person employed by or assisting the regis trar, any material document, fact or matter of information, is guilty of a misdemeanour, and liable to three years' impri sonment: 2. Nothing in this section, and no proceeding, conviction or judgment had or taken thereon, shall prevent, lessen or impeach any remedy which any person aggrieved by any such offence would otherwise have had : 3. Nothing in this section shall entitle any person to refuse to make a complete discovery by answer to any bill in against giv equity, or to answer any question or interrogatory in any civil proceeding in any court; but no answer to any such bill, question or interrogatory shall be admissible against any such person in evidence in any criminal proceeding. R. S. B. C., c. 143, ss. 81, 82, 83 and 85. 98. Every one who steals, or without the sanction of the Lieutenant Governor of the Province, cuts, breaks, destroys, damages or removes any image, bones, article or thing deposited in or near any Indian grave, or induces or incites any other person so to do, or purchases any such article or thing after the same has been so stolen, or cut or broken, destroyed or damaged, knowing the same to have been so acquired or dealt with, shall, on summary conviction, be liable, for a first offence, to a penalty not exceeding one hundred dollars, or to three months' imprisonment, and for a subsequent offence to the same penalty and to six months' imprisonment with hard labour: be stated to 2. In any proceeding under this section it shall be sufficient Property may to state that such grave, image, bones, article or thing, is the be in the property of the Crown. R. S. B. C., c. 69, ss. 2, 3 and 4. Crown. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Interpretation: "Canada." CHAPTER 165. An Act respecting Forgery. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: INTERPRETATION. 1. In this Act, unless the context otherwise requires, the Province of expression "Province of Canada " includes the late Province. of Canada and the late Provinces of Upper Canada and Lower Canada, also the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and British Columbia, as they respectively existed before they became part of Canada, and also the several Provinces, Territories and districts now or hereafter forming part of Canada. Having in custody or possession. [24-25 V., c. 98, s. 45.) What shall be deemed for gery. Forging the great seal, 2. When the having any matter or thing in the custody or possession of any person is, in this Act, expressed to be an offence, if any person has any such matter or thing in his personal custody and possession, or knowingly and wilfully has any such matter or thing in the actual custody and possession of any other person, or knowingly and wilfully has any such matter or thing in any dwelling-house or other building, lodging, apartment, field or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter or thing is so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter or thing in his custody or possession within the meaning of this Act. 32-33 V., c. 19, s. 52. 3. The wilful alteration, for any purpose of fraud or deceit, of any document or thing written, printed or otherwise made capable of being read, or of any document or thing the forging of which is made punishable by this Act, shall be held to be a forging thereof. 32-33 V., c. 19, s. 45, part. THE GREAT SEAL, ETC. 4. Every one who forges or counterfeits, or utters, knowing privy seal, &c. the same to be forged or counterfeited, the Great Seal of the United Kingdom, or the Great Seal of Canada, or of any Pro [24-25 V., c. 98, s. 1.] vince of Canada, or of any one of Her Majesty's colonies or possessions, Her Majesty's Privy Seal, any Privy Signet of Her Majesty, Her Majesty's Royal Sign Manual, or any of Her Majesty's seals, appointed by the twenty-fourth article of the union between England and Scotland to be kept, used and continued in Scotland, the Great Seal of Ireland, or the Privy Seal of Ireland, or the Privy Seal or Seal at Arms of the Governor General of Canada, or of the Lieutenant Governor of any Province of Canada, or of any person who administers or, at any time, administered the Government of any Province of Canada, or of the Governor or Lieutenant Governor of any one of Her Majesty's colonies or possessions, or forges or counterfeits the stamp or impression of any of the seals aforesaid,-or utters Or uttering any document or instrument whatsoever, having thereon or with forged affixed thereto the stamp or impression of any such forged or seal. counterfeited seal, knowing the same to be the stamp or impression of such forged or counterfeited seal, or any forged or counterfeited stamp or impression made or apparently intended to resemble the stamp or impression of any of the seals aforesaid, knowing the same to be forged or counterfeited,-or forges, or alters, or utters, knowing the same to be forged or altered, any document or instrument having any of the said stamps or impressions thereon, or affixed thereto, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 19, s. 1. document document ture of the 5. Every one who forges or fraudulently alters any docu- Forging or ment bearing or purporting to bear the signature of the uttering any Governor General of Canada, or of any deputy of the Governor bearing the General, or of the Lieutenant Governor of any Province of forged signaCanada, or of any person who administers or, at any time, Governor, administered the Government of any Province of Canada, or offers, utters, disposes of or puts off any such forged or fraudulently altered document as aforesaid, knowing the same to be so forged or altered, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 19, s. 2. LETTERS PATENT AND PUBLIC REGISTERS. Governor, &c. Lieutenant of letters 6. Every one who forges or alters, or in any way publishes, Forging or puts off, or utters as true, knowing the same to be forged or altering copies altered, any copy of letters patent, or of the enrolment or en- patent, &c. registration of letters patent, or of any certificate thereof, made or given or purporting to be made or given by virtue of any Act of Canada or of any Province of Canada, is guilty of felony, and liable to seven years' imprisonment. 32-33 V., c. 19, s. 3. altering 7. Every one who forges or counterfeits or alters any public Forging or register or book appointed by law to be made or kept or any ating any entry therein, or wilfully certifies or utters any writing as and ter, &c. for a true copy of such public register or book or of any entry |