(18.) A is charged with forging a Bank of England note. If the resemblance of the forged and the real note is sufficient to deceive a common person, the conviction will not be quashed, because in certain important particulars the two documents differ.

(19.) A forges a note in these words: "I promise to pay for self and company of my bank in England." A cannot be convicted of forging a Bank of England note.

ARTICLE 357.

"DOCUMENT."

The word document in Articles 355 and 356 does not include trade-marks or other signs, though they may be written or printed.

Illustrations.

(1.) A paints a picture, and intending to represent that it was painted by an eminent artist, writes that artist's name in the corner. This may be a cheat, but is not forgery.

(2.) A prints a number of wrappers imitating advertisements in which egg powders were wrapped for sale by B their maker. He incloses spurious egg powders in the wrappers, and sells them. This is not forgery though it is obtaining money by false pretences.

1 Elliot's Case, 2 East, P. C. 951.

2 Jones's Case, 2 East, P. C. 952. He might, however be convicted, if he changed such a document, of obtaining goods by false pretences.

3 R. v. Cross, D. & B. 460.

R. v. Smith, D. & B. 566. It would seem as if in this case the element wanting to complete the offence was the intent to defraud by means of the document, rather than the absence of a document capable of being forged; the offence lay in selling spurious as real powders. The wrappers without the powders could have no effect whatever. The essence of a forgery is, that the document itself should be made the instrument of fraud.

CHAPTER XLIV.

PUNISHMENT OF PARTICULAR FORGERIES.

ARTICLE 358.

66 UTTER, RESEMBLE, "FORGE."

2 IN this chapter the word "utter" includes " offer, dispose of, and put off;" and when it is stated that any uttering is an offence, uttering with knowledge of the character of the thing uttered is intended.

The word "resembling" means "made or apparently intended to resemble."

The word "forge" includes "alter."

36

Having in possession" includes knowingly and wilfully having

(a.) in the possession or custody of any other person (b.) in any place for the use or benefit of the possessor or any other person.

ARTICLE 359.

FORGERIES PUNISHABLE WITH PENAL SERVITUDE FOR LIFE.

Every one commits felony, and is liable upon conviction thereof to penal servitude for life as a maximum punishment, who

(a.) forges, counterfeits, or utters any of the seals mentioned in the note 5 hereto; or

13 Hist. Cr. Law, 180-8.

2 These are mere drafting abridgments. In the Act the words "utter, offer, dispose of, and put off," "resembling and made, or apparently intended to resemble," and "forge and utter" are invariably coupled together. The meaning of the word "utter" was much discussed in R. v. Ion, 2 Den. 475, in which it was held to be an uttering to produce a forged receipt for inspection, and in order to lead the person to whom it was produced to believe that the person producing it had paid his rents. 3 s. 45, much abridged.

424 & 25 Vict. c. 98, s. 1, S.

5 The Great Seal of the United Kingdom, Her Majesty's Privy Seal, any Privy Signet of Her Majesty, Her Majesty's Royal Sign Manual, any of Her Majesty's seals appointed by the 24th Article of the Union between England and Scotland, to be kept, used, and continued in Scotland, the Great Seal of Ireland and the Privy Seal of Ireland.

forges or counterfeits the stamp or impression of any such seal; or

utters any document or instrument whatsoever having thereon or affixed thereto :

(i.) the stamp or impression of any such forged or counterfeited seal; or

(ii) any forged or counterfeited stamp or impression resembling the stamp or impression of any of the seals mentioned in the note hereto; or

forges or utters any document or instrument having any of the said stamps or impressions thereon or affixed thereto; or (b.) who forges or utters with intent to defraud,

1any transfer of any stock mentioned in the note,2 any power of attorney for transferring any share or interest in any such stock, or for receiving dividends thereon;

3

any India bond, or any bond, debenture, or security issued or made under the authority of any Act of Parliament relating to India, or any endorsement thereon or assignment thereof; any exchequer bill, exchequer bond, or exchequer debenture, any endorsement thereon or assignment thereof, or any receipt or certificate for interest accruing thereon;

4

5

6 any bank note or any endorsement thereon or assignment thereof;

"any stock certificate or coupon, or any document purporting to be a stock certificate or coupon issued in pursuance of Part V. of the National Debt Act, 1870 (33 & 34 Vict. c. 71), or of any former Act;

1 24 & 25 Vict. c. 98, s. 2, S.

24 Any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England, or at the Bank of Ireland, or of or in the capital stock of any body corporate, company, or society which now is or hereafter may be established by charter, or by, under, or by virtue of any Act of Parliament."

24 & 25 Vict. c. 98, s. 7, S.

Ibid. s. 8, S. "Exchequer Bill "includes "Treasury Bill"; see 40 Vict. c. 2, s. 10.

5 Ibid. s. 12, S.

"Any bank note or bill of exchange of the Governor and Company of the Bank of England, or the Governor and Company of the Bank of Ireland, or of any other body corporate, company, or persons carrying on the business of bankers, commonly called a bank note, a bank bill of exchange, or a bank post bill.” 733 & 34 Vict. c. 58 (incorporated with 24 & 25 Vict. c. 98).

1

any deed, bond, or writing obligatory, or any assignment thereof at law or in equity, or any name, handwriting, or signature purporting to be that of any attesting witness thereto;

2 any will, codicil, or testamentary instrument;

3

any bill of exchange or promissory note, or any acceptance, endorsement, or assignment of either respectively; *any undertaking, order, warrant, authority, or request, for the payment of money, or for the delivery or transfer of any goods or chattels, or of any note, bill, or security for the payment of money, or for procuring or giving credit, or any endorsement on or assignment of any such document, any accountable receipt, acquittance, or receipt for money or for goods, or for any note, bill, or other security for the payment of money, or any endorsement on or assignment of any such accountable receipt;

any court roll, or copy of any court roll, relating to any copyhold or customary estate; or

6

(c) who obliterates, adds to, or utters the crossing on any cheque or draft crossed with the name of a banker, or with two transverse lines with the words "and Company," or any abbreviation thereof, or utters any cheque or draft so dealt with, knowing that it is so dealt with; or

(d.) 'who does any of the following things to any re

124 & 25 Vict. c. 98, s. 20, S.

2 Ibid. s. 21, S.

• Ibid. s. 22, S. A agrees to pay B for goods by his, A's, acceptance, and that he, A, will accept it, and procure its endorsement by C. B sends a form for acceptance accordingly, but with no drawer's name. A accepts it and forges C's endorsement to it. He cannot be indicted under this section, but probably might be convicted, of a common law forgery: R. v. Harper, L. R. 7 Q. B. D. 78.

Ibid. s. 23, S. As to what is not a receipt, see R. v. French, L. R. 1 C. C. R. 287. An I. O. U. may be an undertaking for payment of money: R. v. Chambers, L. R. 1 C. C. R. 340. A turnpike ticket is a receipt: R. v. Fitch. L. & C. 159, A bank pass book is an accountable receipt: R. v. Smith, L. & C. 168; R. v. Moody. L. & C. 173. A guarantee against negligence and dishonesty is an "undertaking for the payment of money:" R. v. Joyce, L. & C. 576. A pawnbroker's ticket is a warrant for the delivery of goods: R. v. Morrison, Bell, C. C. 158.

24 & 25 Vict. c. 98, s. 30. S.

Ibid. s. 25, S.

Ibid. s. 36, S.

gister of births, baptisms, marriages, deaths, or burials authorized or required by law for the time being to be kept (that is to say):

(i.) destroys, defaces, or injures any such register, or permits any such register to be so dealt with; or

(ii.) forges, or fraudulently alters, in any such register, any entry relating to any birth, baptism, marriage, death, or burial; or

(iii.) does any of the things above mentioned to any part of any such register, or to any certified copy of any such register, or to any part of any such certified copy; or

(iv.) knowingly and unlawfully inserts, or causes or permits to be inserted in any such register, or in any certified. copy thereof, any false entry of any matter relating to any such fact, or gives any false certificate relating thereto; or

(v.) certifies any writing to be a copy or extract from any such register, knowing such writing, or the part of the register of which it is a copy, to be false in any material particular; or

(vi.) who forges the seal of or belonging to any register office or burial board; or

(vii.) who utters any such register, entry, certified copy, certificate, or seal, knowing the same to be false, forged, or altered, or any copy of any entry in any register, knowing the entry to be forged; or

1

of

(e.) who does any of the following things to any copy any register required by law to be transmitted to any registrar or other officer (that is to say):

(i.) knowingly and wilfully inserts, or causes or permits to be inserted therein, any false entry of any matter relating to any 2 baptism, marriage, or burial;

(ii.) forges or utters any such copy;

(iii.) knowingly and wilfully signs or verifies any such copy, knowing any part of it to be false;

(iv.) unlawfully destroys, defaces, or injures any such

copy;

124 & 25 Vict. c. 98, s. 37, S.

2 The word "birth

seems to be wanted here.