case of a second or subsequent conviction to six months' imprisonment, with or without hard labour, or to a fine not exceeding two hundred and fifty dollars. 2. In any case every chattel, article, instrument or thing, by means of, or in relation to which, the offence has been committed shall be forfeited. 51 V. c. il, s. 8.

451. Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding one hundred dollars who falsely represents that any goods are made by a person holding a royal warrant, or for the service of Her Majesty or any of the royal family, or any Government department of the United Kingdom or of Canada. 51 V. c. 41, s. 21.

452. Every one is guilty of an offence and liable, on summary conviction, to a penalty of not more than five hundred dollars nor less than two hundred dollars who imports or attempts to import any goods which, if sold, would be forfeited under the provisions of this part, or any goods manufactured in any foreign state or country which bear any name or trade mark which is or purports to be the name or trade mark of any manufacturer, dealer or trader in the United Kingdom or in Canada, unless such name or trade mark is accompanied by a definite indication of the foreign state or country in which the goods were made or produced; and such goods shall be forfeited. 51 V. c. 41, s. 22.

453. Any one who is charged with making any die, block, machine or other instrument for the purpose of forging, or being used for forging, a trade mark, or with falsely applying to goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves

(a) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines or other instruments for making or being used in making trade marks, or, as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in Canada, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and

(b) that he took reasonable precaution against committing the offence charged; and

(c) that he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark or trade description; and

(d) that he gave to the prosecutor all the information in his power with respect to the person by or on whose behalf the trade mark, mark or description was applied ;

Shall be discharged from the prosecution, but is liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence. 51 V. c. 41, s. 5.

454. No servant of a master, resident in Canada, who bona fide acts in obedience to the instructions of such master, and, on demand made by or on

behalf of the prosecutor, gives full information as to his master, is liable to any prosecution or punishment for any offence defined in this part. 51 V. c. 41, 8. 20.

455 The provisions of this part with respect to false trade descriptions do not apply to any trade description which, on the 22nd day of May, 1888, was lawfully and generally applied to goods of a particular class, or manufac tured by a particular method, to indicate the particular class or method of manufacture of such goods: Provided, that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, such provisions shall apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there. 51 V. c. 41, s. 19.

456. Every one is guilty of an indictable offence, and liable to fourteen years' imprisonment who, with intent fraudulently to obtain any property, personates any person, living or dead, or administrator, wife, widow, next of kin or relation of any person. 37-38 V. c. 36 (Imp.).

66

Property" defined, s. 3.

Indictment.—

unlawfully, falsely, and deceitfully did personate one J. N. with intent fraudulently to obtain

See 2 Russ. 1011: R. v. Martin and R. v. Cramp. R. & R. 324, 327.

PERSONATION AT EXAMINATIONS. (New),

457. Every one is guilty of an indictable offence, and liable on indictment or summary conviction to one year's imprisonment, or to a fine of one hundred dollars, who falsely, with intent to gain some advantage for himself or some other person, personates a candidate at any competitive or qualifying examination, held under the authority of any law or statute or in connection with any university or college, or who procures himself or any other person to be personated at any such examination, or who knowingly avails himself of the results of such personation.

See under next section.

PERSONATING OWNERS OF STOCK.

458. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who falsely and deceitfully personates—

(a) any owner of any share or interest of or in any stock, annuity, or other public fund transferable in any book of account kept by the Government of Canada or of any province thereof, or by any bank for any such Government; or

(b) any owner of any share or interest of or in the debt of any public body, or of or in the debt or capital stock of any body corporate, company, or society; or

(c) any owner of any dividend, coupon, certificate or money payable in respect of any such share or interest as aforesaid; or

(d) any owner of any share or interest in any claim for a grant of land from the Crown, or for any scrip or other payment or allowance in lieu of such grant of land; or

(e) any person duly authorized by any power of attorney to transfer any such share, or interest, or to receive any dividend, coupon, certificate or money, on behalf of the person entitled thereto

and thereby transfers or endeavours to transfer any share or interest belonging to such owner, or thereby obtains or endeavours to obtain, as if he were the true and lawful owner or were the person so authorized by such power of attorney, any money due to any such owner or payable to the person so authorized, or any certificate, coupon, or share warrant, grant of land, or scrip, or allowance in lieu thereof, or other document which, by any law in force, or any usage existing at the time, is deliverable to the owner of any such stock or fund, or to the person authorized by any such power of attorney. R. S. C. c. 165, ss. 9 & 10 (Amended). 24-25 V. c. 98, ss. 3 & 4 (Imp.), and 33-34 V. c. 58 (Imp.).

Indictment.

unlawfully did, falsely and deceitfully personate one J. N., the said J. N. then being the owner of a certain share and interest in certain stock and annuities, which were then transferable at the bank of

to wit, (state the amount and nature of the stock;) and that the said A. B. thereby did then transfer the said share and interest of the said J. N. in the said stock annuities, as if he, the said A. B., were then the true and lawful owner thereof.

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

ACKNOWLEDGING INSTRUMENT IN FALSE NAME.

459. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, without lawful authority or excuse (the proof of which shall lie on him) acknowledges, in the name of any other person, before any court, judge or other person lawfully authorized in that behalf, any recognizance of bail, or any cognovit actionem, or consent for judgment, or judgment or any deed or other instrument. R. S. C. c. 165, s. 41 (Amended). 24-25 V. c. 98, s. 34 (Imp.).

Indictment.

or excuse, before

on

did without lawful authority then being lawfully

(the said

authorized in that behalf) unlawfully acknowledge fraudu lently a certain recognizance of bail in the name of in a certain cause then pending in plaintiff and C. D. defendant.

wherein A. B. was

PART XXXV.

OFFENCES RELATING TO THE COIN.

Sections 26, 29, 30, 31, 32, 33 & 34 of c. 167, R. S. C., are unrepealed. Sections 692, 718 & 721 post apply to offences against this part.

460. In this part, unless the context otherwise requires, the following words and expressions are used in the following senses :

(a) "Current gold or silver coin," includes any gold or silver coin coined in any of Her Majesty's mints, or gold or silver coin of any foreign prince or state or country, or other coin lawfully current, by virtue of any proclamation or otherwise, in any part of Her Majesty's dominions.

(b) "Current copper coin," includes copper coin coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in any part of Her Majesty's dominions.

(e) "Copper coin," includes any coin of bronze or mixed metal and every other kind of coin other than gold or silver.

(d) "Counterfeit" means false, not genuine.

(i) Any genuine coin prepared or altered so as to resemble or pass for any current coin of a higher denomination is a counterfeit coin.

(ii) A coin fraudulently filed or cut at the edges so as to remove the milling, and on which a new milling has been added to restore the appearance of the coin, is a counterfeit coin.

(e) "Gild" and "silver," as applied to coin, include casing with gold or silver respectively, and washing and colouring by any means whatsoever with any wash or materials capable of producing the appearance of gold or silver respectively.

(f) "Utter" includes "tender" and "put off." R. S. C. c. 167, s. 1. 24-25 V. c. 99, s. 1 (Imp.).

WHEN OFFENCE COMPLETE.

461. Every offence of making any counterfeit coin, or of buying, selling, receiving, paying, tendering, uttering, or putting off, or of offering to buy, sell, receive, pay, utter or put off, any counterfeit coin is deemed to be complete, although the coin so made or counterfeited, or bought, sold, received, paid, tendered, uttered or put off, or offered to be bought, sold, received, paid, tendered, uttered or put off, was not in a fit state to be uttered, or the counterfeiting thereof was not finished or perfected. R. S. C. c. 167, s. 27. 24-25 V. c. 99, s. 30 (Imp.).

The word in italic is not in the Imperial Act. See R. v. Bradford 2 C. & D. 41.