Page images
PDF
EPUB

has in his custody or possession any paper upon which any part of any such foreign bill, note, undertaking or order has been made or printed, every such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not less than two years nor more than seven years, or be imprisoned in any common gaol for any term less than two years." (Ib. s. 13.)

OF PASSENGER TICKETS, &c.-"If any person knowingly forges or utters, knowing the same to be forged, any ticket or order for a free or paid passage on any railway, or on any steam or other vessel, with intent to defraud any other person, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for a period not exceeding three years nor less than two years." (Ib. s. 14.)

OF POSTAGE STAMPS, &c.-"If any person forges, counterfeits or imitates any postage stamp issued or used under the authority of the act respecting the Provincial Post Office, or by or under the authority of the government or proper authority of the United Kingdom, or of any British North American Province, or of any foreign country, or knowingly uses any such forged, counterfeit or imitated stamp, or engraves, cuts, sinks or makes any plate, die or other thing whereby to forge, counterfeit or imitate such stamp, or any part or portion thereof, except by the permission in writing of the Provincial Postmaster General, or of some officer or person who, under the regulations to be made in that behalf, may lawfully grant such permission, or has possession of any such plate, die or other thing, without such permission, or as aforesaid, forges, counterfeits or unlawfully imitates, uses or affixes to or upon any letter or packet, any stamp, signature, initials, or other mark or sign, purporting that such letter or packet ought to pass free of postage, or at a lower rate of postage, or that the postage thereon or any part thereof hath been pre-paid, or ought to be paid by or charged to any person, department or party whomsoever, such offender shall be guilty of felony, and be imprisoned in the penitentiary for life." (Ib. s. 15.)

5 ELIZ. c. 14.-"Every person convicted of any offence which was subjected by any act or acts to the same pains or penalties as are imposed by the act of Queen Elizabeth, intituled, An Act against Forgers of False Deeds and Writings, for any of the offences first enumerated in that act, shall be guilty of felony, and shall in lieu of such pains and penalties be confined in the penitentiary for any terin not less than two years nor more than seven years, or be imprisoned in any common gaol for any terin less than two years." (Ib. s. 16.)

FORGERIES ABROAD.-"Where the forging or altering any matter whatsoever, or the offering, uttering, disposing of, or putting off any writing or matter whatsoever, knowing the same to be forged or altered, is in this act expressed to be an offence, if any person in this province forges, or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any such writing or matter, in whatsoever place or country out of this province, whether under the dominion of Her Majesty or not, such writing or matters may purport to be made, or may have been made, and in whatever language or languages the same or any part thereof may be expressed, such person and every person aiding, abetting or counselling such person, shall be deemed an offender within the meaning of this act, and shall be punishable thereby in the same manner as in the writing or matter had purported to be made or had been made in this province." (Ib. 3. 17.)

"If any person in this province forges, or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any bill of exchange, or any promissory note for the payment of money, or any endorsement on or assignment of any bill of exchange or promissory note for the payment of money, or any deed, bond, writing obligatory for the payment of money (whether such deed, bond or writing obligatory has been made only for the payment of money or for the payment of money together with some other purpose) in whatever place or country out of this province, whether under the dominion of Her Majesty or not, the money payable or secured by such bill, note, undertaking, warrant, order, deed, bond or writing obli

gatory, may be or may purport to be payable, and in whatever language or languages the same respectively or any part thereof may be expressed, and whether such bill, note, undertaking, warrant or order be or be not under seal, such person and every person aiding, abetting or counselling such person, shall be deemed an offender within the meaning of this act, and shall be punishable thereby in the same manner as if the money had been payable or had purported to be payable in this province." (Ib. s. 18.)

UTTERING, &c., FORGED INSTRUMENTS.-"When by any law in force in any part of this province any person falsely making, forging, counterfeiting, erasing or altering any matter whatsoever, or uttering, publishing, offering, disposing of, putting away or making use of any matter whatsoever, knowing the same to be falsely made, forged, counterfeited, erased or altered, or any person demanding, or endeavouring to receive or have any thing, or doing or causing to be done any act upon or by virtue of any matter whatsoever, knowing such matter to be falsely made, forged, counterfeited, erased or altered, or where by any law in force as aforesaid any person falsely personating another, or falsely acknowledging any thing in the name of another, or falsely representing any other person than the real party to be such party, or demanding or receiving any money or other thing by virtue of any probate or letters of administration, knowing the will on which such probate was obtained to have been false or forged, or knowing such probate or letters of administration to have been obtained by means of any false oath or false affirination, would be guilty of felony, and be liable to any other punishment than is provided by this act; then and in each of the several cases aforesaid, if any person is convicted of any such felony as herein before mentioned, or of aiding, abetting, counselling or procuring the commission thereof, and no other provision is made for the punishment of any such offender under any other clause of this act, such offender shall be imprisoned in the penitentiary for any term not more than ten years nor less than two, or be imprisoned in any common gaol for any term less than two years; but nothing herein contained shall

affect or alter any law relating to any coin lawfully current in this province." (lb. s. 19.)

OF TRADE-MARKS, &c.-"Any person who knowingly and wilfully, and with intent to deceive and defraud, forges or counterfeits, or causes or procures to be forged or counterfeited, any private mark, token, stamp or label of any manufacturer, mechanic or other person being a resident of this province, upon or with respect to any goods, wares or merchandize whatsoever, shall be guilty of felony, and shall be punished by imprisonment in the common gaol for a term at the discretion of the court, but less than two years." (Ib. s. 20.)

"Any person who vends any goods, wares or merchandize, having thereon any forged or counterfeited private mark, token, stamp or label, purporting to be the private mark, token, stamp or label of any other person, being a resident of this province, knowing the same at the time of the purchase thereof by him to be forged or counterfeited, shall be guilty of a misdemeanor, and shall be punished by imprisonment in the common gaol for a term not exceeding six months, or by a fine of not more than one hundred dollars, or by both, in the discretion of the court." (Ib. s. 21.)

TRIAL OF OFFENDERS AND ACCESSORIES." If any person commits any offence against this act, or commits any offence of forging or altering any matter whatsoever, or of offering, uttering, disposing of or putting off any matter whatsoever, knowing the same to be forged or altered, whether the offence in any such case be indictable at common law or by virtue of any statute, the offence of every such offender may be dealt with, indicted, tried and punished, and be laid and charged to have been committed in any district, county or place in which he has been apprehended, or may be in custody, as if his offence had been actually committed in that district, county or place; and every accessory before or after such offence, if the same be a felony, and every person aiding, abetting or counselling the commission of any such offence, if the same be a misdemeanor, may be dealt with, indicted, tried and punished, and his offence

laid and charged to have been committed in any district, county or place in which the principal offender may be tried." (Ib. s. 22.)

"In the case of every felony punishable under this act, every principal in the second degree and every accessory before the fact shall be punishable in the same manner as the principal in the first degree; and every accessory after the fact to any felony punishable under this act shall, on conviction, be imprisoned in any common gaol for any term less than two years." (Ib. s. 23.)

"In all informations or indiciments for forging, altering, or in any manner uttering any instrument or writing, it shall not be necessary to set forth any copy or fac simile thereof, but it shall be sufficient to describe the same in such manner as would sustain an indictment for stealing the same." (Ib. s. 24.)

"When the having any matter in the custody or possession of any person is in this act expressed to be an offence, if any person has any such matter in his personal custody or possession, or knowingly or wilfully has any such matter in any dwellinghouse or other building, lodging, apartment, field or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter is for his own use or for the use or benefit of another, every such person shall be deemed to have such matter in his custody or possession within the meaning of this act; and where the committing of any offence with intent to defraud any person whatsoever is made punishable by this act, in every such case the word 'person' shall throughout this act be deemed to include Her Majesty or any foreign prince or state, or any body corporate, or any company or society of persons not incorporated, or any person or number of persons whatsoever who may be intended to be defrauded by such offence, whether such body corporate, society, person or number of persons reside or carry on business in this province or elsewhere, and whether under the dominion of Her Majesty or not; and it shall be sufficient in any indictment to name one person only of such company, society or number or persons, and to allege the offence to have been committed with intent

« EelmineJätka »