un

Indictment for making false entries of stock.lawfully did wilfully alter certain words and figures, that is to say (here set out the words and figures, as they were before the alteration) in a certain book of account kept by in which said book the accounts of the owners of certain stock, annuities and other public funds, to wit, the (state the stock) which were then transferable at were then kept and entered, by (set out the alteration and the state of the account or item when so altered) with intent thereby then to defraud.

Indictment for making a transfer of stock in the name of a person not the owner.- unlawfully did wilfully make a transfer of a certain share and interest of and in certain stock and annuities, which were then transferable at the bank of , to wit, the share and interest of in the (state the amount and nature of the stock), in the name of one C. D., he the said C. D., not being then the true and lawful owner of the said share and interest of and in the said stock and annuities, or any part thereof, with intent thereby then to defraud.

Where a bank clerk made certain false entries in the bank books under his control, for the purpose of enabling him to obtain the money of the bank improperly.

Held, that he was not guilty of forgery: R. v. Blackstone, 4 Man. L. R. 296.

FALSE DIVIDEND WARRANTS.

441. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, being in the employment of the Government of Canada, or of any province of Canada, or of any bank in which any books of account mentioned in the last preceding section are kept, with intent to defraud, makes out or delivers any dividend warrant, or any warrant for the payment of any annuity, interest or money payable at any of the said banks, for an amount greater or less than that to which the person on whose account such warrant is made out is entitled. R. S. C. c. 165, s. 12. 24-25 V. c. 98, s. 6 (Imp.).

Indictment.

then being a clerk of

ployed and intrusted by the said

and em

unlawfully did

knowingly make out and deliver to one J. N. a certain

dividend warrant for a greater amount than the said J. N. was then entitled to, to wit, for the sum of five hundred dollars; whereas, in truth and in fact, the said J. N. was then entitled to the sum of one hundred dollars only, with intent thereby then to defraud.

CIRCULARS IN LIKENESS OF NOTES.

442. Every one is guilty of an offence and liable, on summary conviction before two justices of the peace, to a fine of one hundred dollars or three months' imprisonment, or both, who designs, engraves, prints or in any manner makes, executes, utters, issues, distributes, circulates or uses any business or professional card, notice, placard, circular, hand-bill or advertisement in the likeness or similitude of any bank note, or any obligation or security of any Government or any bank. 53 V. c. 31, s. 3.

Summary conviction.-S. 3 of 53 V. c. 31 cited under this section is the section enacting to what banks the Banking Act applies. S. 63 is the one that ought to have been cited.

PART XXXIII.

FORGERY OF TRADE MARKS-FRAUDULENT MARKING OF

443. In this part

MERCHANDISE.

(a) The expression "trade mark ” means a trade mark or industrial design registered in accordance with The Trade Mark and Design Act and the registration whereof is in force under the provisions of the said Act, and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign state to which the provisions of section one hundred and three of the Act of the United Kingdom, known as The Patents, Designs, and Trade Marks Act, 1883, are, in accordance with the provisions of the said Act, for the time being applicable;

(b) The expression "trade description " means any description, statement, or other indication, direct or indirect

(i) as to the number, quantity, measure, gauge or weight of any goods;

(ii) as to the place or country in which any goods are made or produced;

(iii) as to the mode of manufacturing or producing any goods;
(iv) as to the material of which any goods are composed;

(v) as to any goods being the subject of an existing patent, privilege or copyright;

And the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, is a trade description within the meaning of this part;

(c) The expression "false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this part;

(d) The expression "goods" means anything which is merchandise or the subject of trade or manufacture;

(e) The expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and the expression "label" includes any band or ticket;

(f) The expressions person, manufacturer, dealer, or trader," and "proprietor" include any body of persons corporate or unincorporate;

(g) The expression "name" includes any abbreviation of a name.

2. The provisions of this part respecting the application of a false trade description to goods extend to the application to goods of any such figures, words or marks, or arrangement or combination thereof, whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are.

3. The provisions of this part respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, extend to the application to gools of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and the expression 'false name or initials" means, as applied to any goods, any name or initials of a person which

(a) are not a trade mark, or part of a trade mark;

(b) are identical with, or a colourable imitation of, the name or initials of a person carrying on business in connection with goods of the same description, and not having authorized the use of such name or initials;

(c) are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods. 51 V. c. 41, s. 2. 25-26 V. c. 88 (Imp.).

This part is a re-enactment of 50 & 51 V. c. 28 (Imp.). See Wood v. Burgess, 16 Cox, 729; Starcy v. The Chilworth Mfg. Co., 17 Cox, 55; Budd v. Lucas, 17 Cox, 248. Ss. 15,

16, 18, 22, 23 of 51 V. c. 41 (as amended in 1893) are unrepealed; sched. 2. Limitation of 3 years for any offence under Part XXXIII., s. 551: see s. 710 as to evidence.

444. Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no such description, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this part, and the provision of this part with respect to goods to which a false description has been applied, and with respect to selling or exposing, or having in possession, for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly; and for the purposes of this section the expression "watch" means all that portion of a watch which is not the watch case. 51 V. c. 41, s. 11.

445. Every one is deemed to forge a trade mark who either

(a) without the assent of the proprietor of the trade mark makes that trade mark or a mark so nearly resembling it as to be calculated to deceive; or (b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.

2. And any trade mark or mark so made or falsified is, in this part, referred to as a forged trade mark. 51 V. c. 41, s. 3.

446. Every one is deemed to apply a trade mark, or mark, or trade description to goods who

(a) applies it to the goods themselves; or

(b) applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade or manufacture; or

(c) places, incloses or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade or manufacture in, with or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or

(d) uses a trade mark or mark or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description.

2. A trade mark or mark or trade description is deemed to be applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to, the goods, or to any covering, label, reel or other thing.

3. Every one is deemed to falsely apply to goods a trade mark or mark who, without the assent of the proprietor of the trade mark, applies such trade mark, or a mark so nearly resembling it as to be calculated to deceive. 51 V. c. 41, s. 4.

447. Every one is guilty of an indictable offence who, with intent to defraud

(a) forges any trade mark or

(b) falsely applies to any goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive; or

(c) makes any die, block, machine or other instrument, for the purpose of orging) or being used for forging, a trade mark; or

(d) applies any false trade description to goods; or

(e) disposes of, or has in his possession, any die, block, machine or other nstrument, for the purpose of forging a trade mark; or

(f) causes any of such things to be done. 51 V. c. 41, s. 6.

Punishment, under s. 450.

Indictment.

that A. B. on

with intent

to defraud unlawfully did forge a certain trade mark, to wit (or unlawfully did falsely apply to certain goods to wit) (any goods) a certain trade mark to wit (or a mark so nearly resembling a certain trade mark, to wit) as to be calculated to deceive. (Add a count charging "did cause to be forged or, falsely applied)" the case may be).

(as

448. Every one is guilty of an indictable offence who sells or exposes, or has in his possession, for sale, or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark, or mark so nearly resembling a trade mark as to be calculated to deceive, is falsely applied, as the case may be, unless he proves

(a) that having taken all reasonable precaution against committing such an offence 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

(b) that on demand made by or on behalf of the prosecutor he gave all the information in his power with respect to the persons from whom he obtained such goods or things; and

(c) that otherwise he had acted innocently. 51 V. c. 41, s. 6.

Punishment under s. 450.

449. Every one is guilty of an indictable offence who sells, or exposes or offers for sale, or traffics in, bottles marked with a trade mark, blown or stamped or otherwise permanently affixed thereon, without the assent of the proprietor of such trade mark. 51 V. c. 41, s. 7.

Punishment under s. 450.

450. Every one guilty of any offence defined in this part is liable(a) on conviction on indictment to two years' imprisonment, with or with out hard labour, or to fine, or to both imprisonment and fine; and

(b) on summary conviction, to four months' imprisonment, with or without hard labour, or to a fine not exceeding one hundred dollars; and in