same.

(g) uses any such plate or other material for printing the Using the whole or any part of such bond or undertaking; or, (h) knowingly offers, disposes of or has in his possession Possessing any paper upon which such bond or undertaking, or any part thereof, has been printed. 55-56 V., c. 29, s. 434.

Offences Resembling Forgery.

the same.

ment seals.

472. Every one is guilty of an indictable offence and liable Counterfeitto imprisonment for life who unlawfully makes or who counter- ing governfeits 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 His Majesty, or the impression of any such seal, or uses any such seal or impression, knowing the same to be so unlawfully made or counterfeited. 55-56 V., c. 29, s. 425.

courts or

473. Every one is guilty of an indictable offence and liable Counterfeitto fourteen years' imprisonment who unlawfully makes or who ing seals of counterfeits any seal of a court of justice, or any seal of or registry or belonging to any registry office or burial board, or the impres- burial sion of any such seal, or uses any such seal or impression knowing the same to be so unlawfully made or counterfeited. 55-56 V., c. 29, s. 426.

boards.

counterfeit

474. Every one is guilty of an indictable offence and liable Unlawfully to seven years' imprisonment who prints any proclamation, printing order, regulation or appointment, or notice thereof, and causes proclamathe same falsely to purport to have been printed by the King's tion. Printer for Canada, or the Government printer for any province of Canada, as the case may be, or tenders in evidence any Tendering copy of any proclamation, order, regulation or appointment same in which falsely purports to have been printed as aforesaid, knowing that the same was not so printed. 55-56 V., c. 29, s. 427.

evidence.

false names.

475. Every one is guilty of an indictable offence who, Sending with intent to defraud, causes or procures any telegram to be telegrams in 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 the telegram. 55-56 V., c. 29, s. 428.

25-CRIM. CODE.

Sending false telegrams.

Drawing document without authority.

Penalty.

Obtaining anything by forged instrument or by probate of forged will.

476. 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. 55-56 V., c. 29, s. 429.

477. 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. 55-56 V., c. 29, s. 431.

Any document.]-A "document" here means 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. Sec. 335 (f).

An indictment may be laid for unlawfully and with intent to defraud signing a promissory note by procuration, authough the name signed is the name of a testamentary succession or of an estate in liquidation (e.g., "Estate John Doe"), but if the indictment does not disclose the particulars, an order will be made against the Crown to furnish particulars of the names and capacities of the persons representing such estate at the time when the offence is alleged to have been committed, and directing that the defendants be not arraigned until after the particulars have been delivered. R. v. Weir (No. 2) (1899), 3 Can. Cr. Cas. 155.

A count of an indictment charging the defendant with having, with intent to defraud, unlawfully made use of and uttered a promissory note, alleged to have been made and signed by one of the defendants by procuration without lawful authority or excuse and with intent to defraud, is defective if it does not also allege that the defendants knew it to have been so made and signed. Such a defect is one of substance and cannot be amended under Code sec. 629. R. v. Weir (No. 5) (1900), 3 Can. Cr. Cas. 431 (Que.).

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

(a) demands, receives, or obtains anything, or causes or procures anything to be delivered or paid to any person, 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. 55-56 V., Attempt. c. 29, s. 432.

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

feiting

stamp.

(a) fraudulently counterfeits any stamp, whether impressed Counteror 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 His Majesty, or by any foreign prince or state; or,

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

same.

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

same.

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

fraudu

(e) fraudulently mutilates any such stamp with intent that Mutilating stamp. any use should be made of any part of such stamp; or, (f) fraudulently fixes or places upon any material, or upon Using stamp any stamp 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,

lently.

marks on

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

such material; or,

or erased

(h) knowingly and without lawful excuse the proof whereof Possessing shall lie upon him has in his possession any stamp or part mutilated of a stamp which has been fraudulently cut, torn, or other- stamp. wise 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; or,

(i) without lawful authority makes or counterfeits any mark Counterfeitor brand used by the Government of the United Kingdom ing Governof Great Britain and Ireland, the Government of Canada, or brand.

ment mark

Penalty.

Injuring register of births and deaths.

Making false entry in same.

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. 55-56 V., c. 29, s. 435.

On a prosecution under the Post Office Protection Act (Imp.), 1884, sec. 7 (c), for having in possession "without lawful excuse" a die for making a fictitious stamp, it appeared by the evidence that the defendant was the proprietor of a newspaper circulating among stamp collectors, and had caused a die to be made for him abroad, from which imitations of a current colonial postage stamp could be made. The only purpose for which he had actually used it was for making on an illustrated catalogue illustrations in black and white, and not in colors of the stamp in question. This catalogue was sold as part of his newspaper. On a case stated by a magistrate as to whether this evidence shewed "a lawful excuse," Grantham and Collins, JJ., were unanimous that it did not, and that the defendant was liable under the Act. Dickins v. Gill, [1896] 2 Q.B. 310, 18 Cox 384.

480. 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. 55-56 V., c. 29, s. 436.

Evidence.]-A register is none the less defaced or injured because when produced in court the torn part has been pasted in and is as legible as before the offence. R. v. Bowen (1844), 1 Cox C.C. 88, 1 Den. 22.

A person who knowing his name to be A. signs another name as a witness to a marriage in an authorized register, is guilty of the offence of inserting a false entry in the register although he so signs as a third witness and two only were required by law. R. v. Asplin (1873), 12 Cox C.C. 391.

Where the false entry is actually made on the information of and at the instance of the accused, he is guilty of the offence of inserting the entry in the register and not merely of making a false statement for that purpose. R. v. Mason (1848), 2 C. & K. 622; R. v. Dewitt (1849), 2 C. & K. 905.

The offence of making false statements as to births, marriages and deaths in regard to particulars for registration is controlled by provincial law. See R.S.O. 1897, ch. 44, sec. 28.

at

Form of indictment for defacing register.]-That A.B., on unlawfully did deface a certain register of births, deaths and marriages, which said register was then and there kept as the register of (marriages) of the parish of and as such was then and there in the lawful custody of by erasing therefrom the entry or a portion of the entry of the marriage of one with from said register.

at

Form of indictment for false entry in register.]—That A. on or about the day of in the year knowingly and unlawfully did insert in a certain register of marriages, which was then by law authorized to be kept, a certain false entry of a matter relating to a supposed marriage, and which said false entry is as follows: that is to say (set it out verbatim with inuendoes if necessary to explain it); whereas in truth and in fact the said A.B. was not married to the said C.D., at the said church, on the said day of as in the said entry is falsely alleged and stated; and whereas, in truth and in fact, the said A.B. was not married to the said C.D. at the said church or elsewhere, at the time in the said entry mentioned, or at any other time whatsoever, against the form of the Criminal Code, sec. 480 (b).

481. Every one is guilty of an indictable offence and liable Penalty. to ten years' imprisonment who,—

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

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

concealing register. (c) being a person having the custody of any such register Permitting or certified copy, permits it to be so taken or concealed. concealment. 55-56 V., c. 29, s. 437.

482. Every one is guilty of an indictable offence and liable Penalty. to seven years' imprisonment who,

(a) being by law required to certify that any entry has been False cermade in any such register makes such certificate knowing tificate of entry. that such entry has not been made; or,

(b) being by law required to make a certificate or declara- Of particution concerning any particular required for the purpose of lars. 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 Uttering court, or being the deputy of any such officer, wilfully false copy of utters a false copy or certificate of any record; or,

record.