COUNTERFEITING SEAL OF COURT.

426. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who unlawfully makes or counterfeits any seal of a court of justice, or any seal of or belonging to any registry office or burial board, or the impression of any such seal, or uses any such seal or impression knowing the same to be counterfeited. R. S. C. c. 165, ss. 35, 38 & 43 (Amended), 24-25 V. c. 98, ss. 28, 31 & 36 (Imp.).

See under preceding section.

UNLAWFULLY PRINTING PROCLAMATION.

427. Every one is guilty of an indictable offence and liable to seven years' imprisonment who prints any proclamation, order, regulation or appointment, or notice thereof, and causes the same falsely to purport to have been printed by the Queen's Printer for Canada, or the Government Printer for any province of Canada, as the case may be, or tenders in evidence any copy of any proclamation, order, regulation or appointment which falsely purports to have been printed as aforesaid, knowing that the same was not so printed. R. S. C. c. 165, s. 37.

The repealed clause provided also for the forgery of any certificate of any proclamation, etc.: see s. 423, (C) (l). ante. The Canada Evidence Act of 1893 provides for the proof of proclamations, etc.

SENDING TELEGRAMS IN FALSE NAME. (New).

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428. Every one is guilty of an indictable offence who, with intent to defraud, causes or procures any telegram to be sent or delivered as being sent by the authority of any person, knowing that it is not sent by such authority, with intent that such telegram should be acted on as being sent by that person's authority, and is liable, upon conviction thereof, to the same punishment as if he had forged a document to the same effect as that of a telegram. Indictment.that A. B., at lawfully, with intent to defraud, did cause a telegram purporting to be an order for money, to be sent to as being sent by the authority of one C. D., knowing that it was not sent by the authority of the said C. D., with intent that such telegram should be acted on as being sent by the said C. D.

See R. v. Stewart, p. 521 ante.

SENDING FALSE TELEGRAMS OR LETTERS. (New).

429. Every one is guilty of an indictable offence and liable to two years' imprisonment who, with intent to injure or alarm any person, sends, causes, or procures to be sent any telegram or letter or other message containing matter which he knows to be false.

Fine, s. 958.

that A. B., on

Indictment.

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lawfully did send (cause or procure to be sent) a telegram to one C. D. containing matter which he, the said A. B., knew to be false, with intent to injure (or alarm) the said C. D. (Add another count giving the telegram in full if possible

).

The clause seems to cover the case of a telegram or letter sent to one person with intent to injure or alarm any other person, as well as the person to whom it is sent.

POSSESSION OF FORGED BANK NOTES..

430. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, without lawful authority or excuse (the proof whereof shall lie on him), purchases or receives from any person, or has in his custody or possession, any forged bank note, or forged blank bank note, whether complete or not, knowing it to be forged. R. S. C. c. 165, s. 19 (Amended). 24-25 V. c. 98, s. 13 (Imp.).

As to what constitutes a criminal possession see s. 3.

Indictment. The Jurors for Our Lady the Queen present, that A. B. on unlawfully and without lawful authority or excuse, had in his custody and possession five forged bank notes for the payment of ten dollars each, the said A. B. then well knowing the said several bank notes and each and every of them respectively to be forged.

In R. v. Rowley, R. & R. 110, it was held that every uttering included having in custody and possession, and, by some of the judges, that without actual possession, if the notes had been put in any place under the prisoner's control, and by his direction, it was a sufficient possession within the statute.

Upon the trial for an offence of purchasing forged notes under this section the jury may, if the evidence warrants it, under s. 711, convict the prisoner of an attempt to commit the same.

DRAWING DOCUMENTS PER PROCURATION WITHOUT AUTHORITY.

431. Every one is guilty of an indictable offence who, with intent to defraud and without lawful authority or excuse, makes or executes, draws, signs, accepts or endorses, in the name or on the account of another person, by procuration or otherwise, any document, or makes use of or utters any such

document knowing it to be so made, executed, signed, accepted or endorsed, and is liable to the same punishment as if he had forged such document. R. S. C. c. 165, s. 30 (Amended). 24-25 V. c. 98, s. 24 (Imp.).

Greaves says: "This clause is framed in order to make persons punishable who, without authority, make, accept or endorse bills "per procuration."

The words "any document" instead of the enumeration contained in the repealed clause are an extension: see R. v. Kay, 11 Cox, 529, L. R. 1 C. C. R. 257. "Document" defined, s. 419; R. v. White, 1 Den. 208 cannot now be followed.

DEMANDING PROPERTY UPON FORGED INSTRUMENTS.

432. Every one is guilty of an indictable offence and liable to fourteen years' mprisonment, who

(a) demands, receives, obtains or causes, or procures to be delivered or paid to any person, anything under, upon, or by virtue of any forged instrument knowing the same to be forged, or under, upon, or by virtue of any probate or letters of administration, knowing the will, codicil, or testamentary writing on which such probate or letters of administration were obtained to be forged, or knowing the probate or letters of administration to have been obtained by any false oath, affirmation, or affidavit ; or

(b) attempts to do any such thing as aforesaid. R S. C. c. 165, s. 45. 24-25 V. c. 98, s. 38 (Imp.).

The words "with intent to defraud" were in the repealed section.

Greaves says: "This clause is new. It is intended to embrace every case of demanding, etc., any property whatsoever upon forged instruments, and to include bringing an action on any forged bill of exchange, note, or other security for money. The words 'procures to be delivered or paid to any person' were inserted to include cases where one person by means of a forged instrument causes mouey to be paid to another person, and to avoid the difficulty which had arisen in the cases as to obtaining money by false pretenses: R. v. Wavell, 1 Moo. 224; R. v. Garrett, Dears. 232."

In R. v. Adams, 1 Den. 38, the prisoner had obtained goods at a store with a forged order; this was held not to be larceny; it would now fall under this clause.

The clause covers the attempt to commit the offence, as well as the offence itself, and under s. 711, on an indictment for the offence, a verdict for the attempt to commit it may be given if the evidence warrants it.

PART XXXII.

PREPARATION FOR FORGERY AND OFFENCES RESEMBLING FORGERY.

INTERPRETATION OF TERMS.

433. In this part the following expressions are used in the following

senses:

(a) "Exchequer bill paper" means any paper provided by the proper authority for the purpose of being used as exchequer bills, exchequer bonds, notes, debentures, or other securities mentioned in section four hundred and twenty;

(b) "Revenue paper" means any paper provided by the proper authority for the purpose of being used for stamps, licenses, or permits, or for any other purpose connected with the public revenue.

INSTRUMENTS OF FORGERY AND COUNTERFEITING.

434. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, without lawful authority or excuse (the proof whereof shall lie on him)

(a) makes, begins to make, uses or knowingly has in his possession, any machinery or instrument or material for making exchequer bill paper, revenue paper or paper intended to resemble the bill paper of any firm or body corporate, or person carrying on the business of banking: R. S. C. c. 165, ss. 14, 16, 20 & 24; or

(b) engraves, or makes upon any plate or material anything purporting to be, or apparently intended to resemble, the whole or any part of any exchequer bill or bank note: R. S. C. c. 165, ss. 20, 22 & 24; or

(c) uses any such plate or material for printing any part of any such exchequer bill or bank note: R. S. C. c. 165, ss. 22 & 23; or

(d) knowingly has in his possession any such plate or material as aforesaid: R. S. C. c. 165, ss. 22 & 23; or

(e) makes, uses or knowingly has in his possession any exchequer bill paper, revenue paper, or any paper intended to resemble any bill paper of any firm, body corporate, company, or person, carrying on the business of banking,

or any paper upon which is written or printed the whole or any part of any exchequer bill, or of any bank note: R. S. C. c. 165, ss. 15, 16, 20 & 24.

(f) engraves or makes upon any plate or material anything intended to resemble the whole or any distinguishing part of any bond or undertaking for the payment of money used by any dominion, colony or possession of Her Majesty, or by any foreign prince or state, or by any body corporate, or other body of the like nature, whether within Her Majesty's dominions or without: R. S. C. c. 165, s. 25; or

(g) uses any such plate or other material for printing the whole or any part of such bond or undertaking: R. S. C. c. 165, s. 25; or

(h) knowingly offers, disposes of, or has in his possession any paper upon which such bond or undertaking, or any part thereof, has been printed: R. S. C. c. 165, s. 25 (Amended). 24-25 V. c. 98, ss. 9 & 19 (Imp.).

"Having in possession" defined, s. 3; see R. v. Brackenridge, 11 Cox, 96; R. v. Keith, Dears. 486, and Greaves' note on it in 2 Russ. 874; R. v. Warshaner, 1 Moo. 466; R. v. Rinaldi, L. & C. 330. A verdict of attempt may be given, if the evidence warrants it, s. 711.

COUNTERFEITING STAMPS.

435. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who

(a) fraudulently counterfeits any stamp, whether impressed or adhesive, used for the purposes of revenue by the Government of the United Kingdom or of Canada, or by the Government of any province of Canada, or of any possession or colony of Her Majesty, or by any foreign prince or state; or

(b) knowingly sells or exposes for sale, or utters or uses any such counterfeit stamp; or

(c) without lawful excuse (the proof whereof shall lie on him) makes, or has knowingly in his possession, any die or instrument capable of making the impression of any such stamp as aforesaid, or any part thereof; or

(d) fraudulently cuts, tears or in any way removes from any material any such stamp, with intent that any use should be made of such stamp or of any part thereof; or

(e) fraudulently mutilates any such stamp with intent that any use would be made of any part of such stamp; or

(f) fraudulently fixes or places upon any material, or upon any such stamp, as aforesaid, any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any other way removed from any other material or out of or from any other stamp; or

(g) fraudulently erases, or otherwise, either really or apparently, removes, from any stamped material any name, sum, date, or other matter or thing thereon written, with the intent that any use should be made of the stamp upon such material;

(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