matter or thing thereon written, with the intent that any use should be made of the stamp upon such material; or

(h) knowingly and without lawful excuse the proof whereof shall lie upon him has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise 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. R.S.C., c. 165, s 17; or

(i) without lawful authority makes or counterfeits any mark or brand used by the Government of the United Kingdom of Great Britain and Ireland, the Government of Canada, or the Government of any province of Canada, or by any department or officer of any such Government for any purpose in connection with the service or business of such Government, or the impression of any such mark or brand, or sells or exposes for sale or has in his possession any goods having thereon a counterfeit of any such mark or brand knowing the same to be a counterfeit, or affixes any such mark or brand to any goods required by law to be marked or branded other than those to which such mark or brand was originally affixed.

436. Falsifying registers.—Every one is guilty of an indictable offence and liable to fourteen years' imprisonment, who—

(a.) unlawfully destroys, defaces or injures any register of births, baptisms, marriages, deaths or burials required or authorized by law to be kept in Canada, or any part thereof, or any copy of such register, or any part thereof required by law to be transmitted to any registrar or other officer; or

b. unlawfully inserts in any such register, or any such copy thereof, any entry, known by him to be false, of any matter relating to any birth, baptism, marriage, death or burial, or erases from any such register or document any material part thereof. R.S.C., c. 165, ss. 43 and 44.

Where a person, knowing his name to be A., signed, in the register, another name as a witness to a marriage, it was held, under the Imperial statute (24-25 Vic., c. 9, s. 36), corresponding with the foregoing article, that he was guilty of inserting a false entry in the register. (1)

It has been held that it is not the less a "destroying, defacing or injuring" of a register, because the register, when produced in evidence has the torn part pasted in, and is as legible as before. (2)

Where a false entry had been actually made in a register of births, elc., on the information of the defendant, he was held under sec. 43 of 6 and 7 Will. 4, c. 86, (re-enacted in the 24 and 25 Vict., c. 98, s. 36), to be thereby guilty of the offence of causing the false entry to be made. (3)

437. Falsifying extracts from registers.—Every one is guilty of an indictable offence and liable to ten years' imprisonment, who—

(1) R. v. Asplin, 12 Cox, 391.

(2) R. v. Bowen, 1 Den. 22.

(3) R. v. Mason, 2 C. & K. 622; R. v. Dewitt, 2 C. & K. 905.

(a.) being a person authorized or required by law to give any certified copy of any entry in any such register as in the last preceding section mentioned, certifies any writing to be a true copy or extract, knowing it to be false, or knowingly utters any such certificate;

(b.) unlawfully and for any fraudulent purpose takes any such register or certified copy from its place of deposit or conceals it;

(c.) being a person having the custody of any such register or certified copy, permits it to be so taken or concealed as aforesaid. R.S.C., c. 165, s. 44.

438. Uttering false certificates.-Every one is guilty of an indictable offence and liable to seven years' imprisonment, who

(a.) being by law required to certify that any entry has been made in any such register as in the two last preceding sections mentioned makes such certificate knowing that such entry has not been made; or

(b.) being by law required to make a certificate or declaration concerning any particular required for the purpose of making entries in such register knowingly makes such certificate or declaration containing a falsehood; or

(c.) being an officer having custody of the records of any court, or being the deputy of any such officer, wilfully utters a false copy or certificate of any record; or

(d.) not being such officer or deputy fraudulently signs or certifies any copy or certificate of any record, or any copy of any certificate, as if he were such officer or deputy. R.SC., c. 165, ss. 35 and 43.

439. Forging certificates.-Every one is guilty of an indictable offence and liable to two years' imprisonment, who

(a.) being an officer required or authorized by law to make or issue any certified copy of any document or of any extract from any document wilfully certifies, as a true copy of any document or of any extract from any such document, any writing which he knows to be untrue in any material particular; or

(b.) not being such officer as aforesaid fraudulently signs or certifies any copy of any document, or of any extract from any document, as if he were such officer.

440. Making false entries in books relating to public funds,— Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, with intent to defraud—

(a.) makes any untrue entry or any alteration in any book of account kept by the Government of Canada, or of any province of Canada, or by any bank for any such Government, in which books are kept the accounts of the owners of any stock, annuity or other public fund transferable for the time being in any such books, or who, in any manner, wilfully falsifies any of the said books; or

(b.) makes any transfer of any share or interest of or in any stock, annuity or public fund, transferable for the time being at any of the said banks, in the name of any person other than the owner of such share or interest. R.S.C, c. 165, s. 11.

441. Clerk issuing false dividend warrants ts.-Every one is guilty of an indictable offence and liable to seven years' imprisonment who, being in the employment of the Government of Canada, or of any province of Canada, or of any bank in which any books of account mentioned in the last preceding section are kept, with intent to defraud, makes out or delivers any dividend warrant, or any warrant for the payment of any annuity, interest or money payable at any of the said banks, for an amount greater or less than that to which the person on whose account such warrant is made out is entitled. R.S.C., c. 165, s. 12.

442. Printing circulars etc., in likeness of notes.-Every one is guilty of an offence and liable, on summary conviction before two justices of the peace, to a fine of one hundred dollars or three months' imprisonment, or both, who designs, engraves, prints or in any manner makes, executes, utters, issues, distributes, circulates or uses any business or professional card, notice, placard, circular, hand-bill or advertisement in the likeness or similitude of any bank note, any obligation or security of any Government or any bank. 50-51 V., c. 47, s. 2; 53 V., c. 31, s. 3.

or

PART XXXIII.

FORGERY OF TRADE MARKS-FRAUDULLENT MARKING OF MERCHANDISE.

443. Definitions. In this part-

(a.) the expression "trade mark means a trade mark or industrial design registered in accordance with The Trade Mark and Design Act and the registration whereof is in force under the provisions of the said Act, and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign state to which the provisions of section one hundred and three of the Act of the United Kingdom, known as The Patents, Designs, and Trade Marks Act, 1883, are, in accordance with the provisions of the said Act, for the time being applicable;

(b.) the expression "trade description "trade description " means any description, statement, or other indication, direct or indirect

(i) as to the number, quantity measure, gauge or weight of any goods;

(ii) as to the place or country in which any goods are made or produced;

(iii.) as to the mode of manufacturing or producing any goods; (iv.) as to the material of which any goods are composed;

(v.) as to any goods being the subject of an existing patent, privilege or copyright;

And the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, is a trade description within the meaning of this part;

(c.) the expression "false trade description means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description. whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this part;

(d.) the expression "goods" means anythiug which is merchandise or the subject of trade or manufacture;

(e.) the expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and the expression "label" includes any band or ticket;

(6

(f) the expressions "person, manufacturer, dealer, or trader," and proprietor" include any body of persons corporate or unincorporate;

(9.) the expression "name" includes any abbreviation of a name.

2. The provisions of this part respecting the application of a false trade description to goods extend to the application to goods of any such figures, words or marks, or arrangement or combination thereof. whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are.

3. The provisions of this part respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and the expression "false name or initials" means, as applied to any goods, any name or initials of a person which

(a.) are not a trade mark, or part of a trade mark ;

(b.) are identical with. or a colourable imitation of the name or initials of a person carrying on business in connection with goods of

the same description, and not having authorized the use of such name or initials;

(c.) are either those of a fictitious person or of some person not bonâ fide carrying on business in connection wich such goods. 51 V., c. 41, s. 2.

No prosecution for any offence under this part, (XXXIII), can be commenced after the expiration of three years from the time of its commission. (See Art, 551 a, post.

Article 710, post, provides that, in cases under this part, if the offence relates to imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced.

444. Words or marks on watch cases.-Where a watch case has thereon any words or marks which constitute,' or are, by common repute, considered as constituting a description of the country in which the watch was made, and the watch bears no such description, those words or marks shall primâ facie be deemed to be a description of that country within the meaning of this part, and the provision of this part with respect to goods to which a false description has been applied, and with respect to selling or exposing, or having in possession, for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly; and, for the purposes of this section, the expression "watch means all that portion of a watch which is not the watch case. 51 V., c. 41, s. 11.

445. Forgery of trade-marks, etc.-Every one is deemed to forge a trade mark who either,

(a.) without the assent of the proprietor of the trade mark, makes that trade mark or a mark so nearly resembling it as to be calculated to deceive; or

(b.) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.

2. And any trade mark or mark, so made or falsified, is, in this part, referred to as a forged trade mark. 51 V., c. 41, s. 3.

446. Every one is deemed to apply a trade mark, or mark, or trade description to goods who

(a.) applies it to the goods themselves; or

b.) applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade, or manufacture; or

(c.) places, incloses or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade, or manufacture in, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or

(d.) uses a trade mark, or mark, or trade description in any manner calculated to lead to the belief that the goods in connection with