his motives. The natural, as well as the legal, consequence is that this money is obtained, for which the party obtaining it professes to give but cannot give a discharge to the party giving up the money on the faith of it. Supposing a person in temporary distress puts another's name to a bill, intending to take it up when it becomes due but canuot perform it, the consequence is that he has put another under the legal liability of his own act, supposing the signature to pass for genuine": see R. v. Vaughan, 8 C. & P. 276; R. v. Cooke, 8 C. & P. 582; R. v. Geach, 9 C. & P. 499.

At common law any one convicted of forgery was incompetent as a witness, but now no one is incompetent by reason of interest or crime: The Canada Evidence Act, 1893, s. 3.

did forge, knowing it to be false, a certain

unlawfully (here name

the document) which said forged document is as follows that is to say (here set out the document verbatim) with intent thereby to defraud, and with intent that the said document should be used as genuine (or acted upon as genuine) to the prejudice of (name, as the case may be) or of any one who would accept, take, or deal with the said forged document.

And the jurors aforesaid do further present, that the said J. S. afterwards, to wit, on the day and year aforesaid, unlawfully and knowingly did forge a certain other (state the instrument forged by any name or designation by which it is usually known), with intent thereby then to defraud; and that the said document should be used as genuine (or acted upon as genuine) to the prejudice of any one who thereafter would accept, take or deal with or come by the said forged document.

And the jurors aforesaid do further present, that the said J. S. afterwards, to wit, on the day and year aforesaid, unlawfully did utter, offer, dispose of, and put off, as if it

were genuine (use, deal with, or attempt to use, etc., s. 424), a certain forged document, which said forged document is as follows, that is to say (here set out the instrument verbatim), with intent thereby then to defraud, he, the said J. S., at the time he so uttered, offered, disposed of, and put off the said last-mentioned forged document as aforesaid, well knowing the same to be forged.

See R. v. Brewer, 6 C. & P. 363, and s. 613, post, as to indictments, and s. 569 as to search warrant.

The evidence of a single witness is not sufficient if not corroborated; s. 684, post. The repealed s. 218, c. 174, R. S. C. applied only to an interested witness: R. v. Selby, 16 O. R. 255; R. v. Rhodes, 22 O. R. 480; 10 & 11 V. c. 9, s. 21; Bank Prosecutions, R. & R. 378.

At common law forgery is a misdemeanour, punishable by fine or imprisonment, or both, at the discretion of the court. The court of Quarter Sessions now has jurisdiction in cases of forgery, s. 539, post.

But a provincial Act authorizing police magistrates to try cases of forgery is unconstitutional: R. v. Toland, 22 O. R. 505; see R. v. Levinger, 22 O. R. 690. A prisoner extradited from the United States on a charge of forgery may, upon an indictment for forgery, be found guilty of a criminal uttering: R. v. Paxton, 3 L. C. L. J. 117. Making false entries in a book does not constitute the crime of forgery: Ex parte Lamirande, 10 L. C. J. 280; see R. v. Blackstone, 4 Man. L. R. 296, and Ex parte Eno, 10 Q. L. R. 194. Definition of the term forgery considered, Re Smith, 4 P. R. (Ont.) 215; R. v. Gould, 20 U. C. C. P. 154.

Where the prisoner was indicted for forging a note for $500, having changed a note of which he was the maker from $500 to $2,500: Held, a forgery of a note for $500, though the only fraud committed was on the endorser: R. v. McNevin, 2 R. L. 711.

In consideration of law, every alteration of an instrument amounts to a forgery of the whole, and an indictment for forgery will be supported by proof of a fraudulent alteration, though, in cases where a genuine instrument has been altered, it is perhaps better to allege the alteration in one count of the indictment: s. 422, s-s. 2. post.

If several concur in employing another to make a forged instrument, knowing its nature, they are all guilty of the forgery: R. v. Mazeau, 9 C. & P. 676; R. v. Dade, 1 Moo. 307. All are now principals in forgery, as in all other offences, by s. 61.

A joint and several bond was executed by prisoner under an assumed name for a fraudulent purpose. There was no proof whether the other signatures were forged or not. An indictment that prisoner had forged the bond was sustained: R. v. Deegan, 6 Man. L. R. 81; see s. 459.

PART XXXI.

FORGERY.

DOCUMENT DEFINED.

419. A document means in this part 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.

BANK NOTE, ETC., DEFINED.

420. "Bank note" includes all negotiable instruments issued by or on behalf of any person, body corporate, or company carrying on the business of banking in any part of the world, or issued by the authority of the Parliament of Canada or of any foreign prince, or state, or government, or any governor or other authority lawfully authorized thereto in any of Her Majesty's dominions, and intended to be used as equivalent to money, either immediately upon their issue or at some time subsequent thereto, and all bank bills and bank post bills;

(a) Exchequer bill" includes exchequer bonds, notes, debentures and other securities issued under the authority of the Parliament of Canada, or under the authority of any legislature of any province forming part of Canada, whether before or after such province so became a part of Canada.

Section 129 of c. 174, R. S. C., as to description of bank notes in indictments, has not been re-enacted.

FALSE DOCUMENT, ETC. DEFINED.

421. The expression "false document" means

(a) a document the whole or some material part of which purports to be made by or on behalf of any person who did not make or authorize the making thereof, or which, though made by, or by the authority of, the person who purports to make it is falsely dated as to time or place of making, where either is material; or

(b) a document the whole or some material part of which purports to be made by or on behalf of some person who did not in fact exist; or

(c) a document which is made in the name of an existing person, either by that person or by his authority, with the fraudulent intention that the document should pass as being made by some person, real or fictitious, other than the person who makes or authorizes it.

2. It is not necessary that the fraudulent intention should appear on the face of the document, but it may be proved by external evidence.

FORGERY DEFINED.

422. Forgery is the making of a false document, knowing it to be false with the intention that it shall in any way be used or acted upon as genuine, to the prejudice of any one, whether within Canada or not, or that some person should be induced, by the belief that it is genuine, to do or refrain from doing anything, whether within Canada or not.

2. Making a false document includes altering a genuine document in any material part, and making any material addition to it or adding to it any false date, attestation, seal or other thing which is material, or by making any material alteration in it, either by erasure, obliteration, removal or otherwise.

3. Forgery is complete as soon as the document is made with such know. ledge and intent as aforesaid, though the offender may not have intended that any particular person should use or act upon it as genuine, or be induced, by the belief that it is genuine, to do or refrain from doing anything.

4. Forgery is complete although the false document may be incomplete, or may not purport to be such a document as would be binding in law, if it be so made as, and is such as to indicate that it was intended, to be acted on as genuine.

"The crime of forgery was an offence at common law, the punishment of which was only fine and imprisonment. It is not possible to say precisely what are the documents the false making of which is forgery at common law. But by a great many different enactments, passed at different times, a great

many forgeries have been made felonies, and as such, punishable with great severity. The statute law was, for the most part, consolidated by the 24 & 25 V. c. 98. Like the other consolidation Acts the Forgery Act assumes that the common law definition of forgery is known. This definition, however, is a somewhat intricate matter, involving various questions as to the extent of falsification implied in forgery, the character of the intent to defraud essential to it, and the circumstances essential to the completion of the crime. These matters are dealt with in ss. 313 to 317 (ss. 419 to 422, ante), both inclusive.-Imp. Comm. Rep.

PUNISHMENT

423. Every one who commits forgery of the documents hereinafter mentioned is guilty of an indictable offence and liable to the following punishment :

(4) 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—

(a) any document having impressed thereon or affixed thereto 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 Her Majesty: R. S. C. c. 165, s. 4; or

(b) any document bearing the signature of the Governor-General, or of any administrator, or of any deputy of the Governor, or of any LieutenantGovernor, or any one at any time administering the government of any province of Canada: R. S. C. c. 165, s. 5; or

(c) any document containing evidence of, or forming the title or any part of the title to, any land or hereditament, or to any interest in or to any charge upon any land or hereditament, or evidence of the creation, transfer or extinction of any such interest or charge; or

(d) any entry in any register or book, or any memorial or other document made, issued, kept or lodged under any Act for or relating to the registering of deeds or other instruments respecting or concerning the title to or any claim upon any land or the recording or declaring of titles to land: R. S. C. c. 165, s. 38; or

(e) any document required for the purpose of procuring the registering of any such deed or instrument or the recording or declaring of any such title: R. S. C. c. 165, s. 38; or

(f) any document which is made, under any Act, evidence of the registering or recording or declaring of any such deed, instrument or title: R. S. C. c. 165, s. 38; or

(g) any document which is made by any Act evidence affecting the title to land; or

(h) any notarial act or document or authenticated copy, or any procèsverbal of a surveyor or authenticated copy thereof: R. S. C. c. 165, s. 38; or