who endorses it. A then alters the note from two to three months and has it discounted at a bank. A forges the note.

(23.) 1A, with intent to defraud, writes out a telegraph message purporting to be sent by B, at Hamilton, to C, at Woodstock, authorizing C to give A what money he requires, has it delivered to C, and on the faith of it procures C's endorsement to a draft on B, which is discounted by a bank for A. A commits forgery.

2

(24.) The alteration, with intent to defraud, of a $2.00 Dominion note, by adding a cipher after the figure 2, wherever that occurs in the margin of the note, is forgery.

(25.) A being employed to write the will of B, an illiterate person, with intent to get B's property, writes a will contrary to instructions and reads it to B inaccurately, thereby inducing B to execute it. A commits forgery.

The cases on which the following Illustrations are founded arose under the Extradition Treaty of 1842 with the United States.

4

(26.) A, who has a power of attorney from B, with intent to defraud, conceals that fact, and, representing himself to be B, executes a deed in B's name. A commits forgery within the Treaty.

3

(27.) A, falsely representing that he has authority to receive a warrant for money in favor of B, signs B's name to the receipt therefor. This is forgery, according to the law of Pennsylvania, where the offence is committed. A commits forgery within the Treaty.

(28.) 6 A, a clerk in the office of the Comptroller of the city of Newark, U.S.A., whose duty it is to make in the official books of such Comptroller proper entries of moneys received for taxes, having received a sum of money for taxes, enters in such books the correct amount, and then erasing the true figures inserts a less sum, with intent to benefit himself by the abstraction of the difference between the two amounts, and to deceive the Comptroller and the municipality. A commits forgery within the Treaty.

(29.) A, the collector of a county, after the same has been audited and with intent to cover up a defalcation, makes false entries in a book of account, the property of the county, kept by him as such collector, of

1 R. v. Stewart, 25 U. C. C. P. 440.

2 R. v. Bail, 7 O. R. 228.

3 Hall v. Carty, James 379.

4 In re Gould, 20 U. C. C. P. 151.

5 In re Phipps, 1 0. R. 586. By Hagarty, C. J., and Armour, J. (Cameron, J., dissenting; and on appeal (8 Ont. A. R. 77), by Spragge, C. J. O., and Patterson, J. A., (Burton, J. A., and Ferguson, J., dissenting).

In re Hall, 30. R. 331. (By Boyd, C. Proudfoot and Ferguson, JJ., and on appeal (8 Ont. A. R. 31) by Spragge, C. J. O., and Galt, J. (Burton and Patterson, JJ. A., dissenting).

7 In re Jarrard, 4 0. R. 265.

moneys received and paid out by him, and changes the additions to correspond. A commits forgery within the Treaty.

(30.) 1 The making of false coin is not forgery.

(31.) 2 To fill up without authority and for a fraudulent purpose, drafts signed in blank is forgery within the Treaty.

(32.) A, with intent to conceal a fraud previously committed, alters a statement of account such as is received by a bank from other banks having business connections with it, and which contains an acknowledgment of the receipt of money to be accounted for. A commits forgery within the Treaty.

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(33.) A, a clerk in a bank, makes false entries in the bank books under his control to enable him to obtain the money of the bank improperly. A does not commit forgery within the Treaty.

5 ARTICLE 491.

"DOCUMENT."

[The word document in Articles 489 and 490 does not include trade-marks or other signs, though they may be written or printed.

Illustrations.

(1.) 6 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.

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(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 In re Smith, 4 Ont. P. R. 215.

2 In re Hoke, 15 R. L. 92, 99.

3 Ex parte Debaun, 4 M. L. R. 145; 32 L. C. J. 281; 16 R. L. 612.

4 R. v. Blackstone, 4 Man. L. R. 296; In re John C. Eno, 10 Q. L. R. 194. See also Ex parte Lamirande, 10 L. C. J. 280, which came up under the treaty with France.

5 S. D. Art. 357.

[R. v. Closs, 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.]

1 CHAPTER XLIII.

PUNISHMENT OF PARTICULAR FORGERIES,

OFFENCES

RESEMBLING FORGERY, AND ACTS PREPARATORY TO
THE COMMISSION OF FORGERY.

2 ARTICLE 492.

COUNTERFEITING PUBLIC SEALS, AND FORGING STATE DOCUMENTS.

3

EVERY one is guilty of felony and liable to imprisonment for life, who

(a.) forges or counterfeits, or utters, knowing the same to be forged or counterfeited, the Great Seal of the United Kingdom, or the Great Seal of Canada, or of any Province of Canada, or of any one of Her Majesty's colonies or possessions, Her Majesty's Privy Seal, any Privy Signet of Her Majesty, Her Majesty's Royal Sign Manual, or any of Her Majesty's seals, appointed by the twenty-fourth article of the union between England and Scotland to be kept, used and continued in Scotland, the Great Seal of Ireland, or the Privy Seal of Ireland, or the Privy Seal or Seal at Arms of the Governor-General of Canada, or of the Lieutenant-Governor of any Province

1 The provisions constituting this chapter could be further condensed, as may be seen by reference to the corresponding chapter in Stephens' Digest. I thought it well, however, on the whole, to adhere closely to the language of the statute, although that involved considerable superfluous matter, and the definition of similar offences in a somewhat bewildering variety of terms. The whole statute could, with advantage, be re-drafted.

2S. D. Art. 359 (a.)

3.R. S. C. c. 165, s. 4; 24 & 25 Vict. c. 98, s. 1.

4 The expression "Province of Canada" includes the late Province of Canada and the late Provinces of Upper Canada and Lower Canada, also the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and British Columbia, as they respectively existed before they became part of Canada, and also the several Provinces, Territories and Districts now or hereafter forming part of Canada; R. S. C. c. 165, s. 1. See, also, R. S. C. c. c. 1, s. 7 (13).

By the 44th Section of The Militia Act, the Governor-General is authorized to affix his signature to any commission issued under that Act by means of a stamp. The forging or counterfeiting of any such stamped signature is a felony, punishable in like manner as the forgery of his Privy Seal or Seal at Arms.

of Canada, or of any person who administers, or, at any time, administered the Government of any Province of Canada, or of the Governor or Lieutenant-Governor of any one of Her Majesty's colonies or possessions; or

(b.) forges or counterfeits the stamp or impression of any of such seals; or

(c.) utters any document or instrument whatsoever, having thereon or affixed thereto the stamp or impression of any such forged or conterfeited seal, knowing the same to be the stamp or impression of such forged or counterfeited seal, or any forged or counterfeited stamp or impression made or apparently intended to resemble the stamp or impression of any of such seals, knowing the same to be forged or counterfeited; or

(d.) forges, or alters, or utters, knowing the same to be forged or altered, any document or instrument having any of the said stamps or impressions thereon, or affixed thereto; or

1

(e.) forges or fraudulently alters any document bearing or purporting to bear the signature of the GovernorGeneral of Canada, or of any deputy of the GovernorGeneral, or of the Lieutenant-Governor of any Province of Canada, or of any person who administers, or, at any time, administered the Government of any Province of Canada; or

(f) offers, utters, disposes of or puts off any forged or fraudulently altered document mentioned in clause (e.), knowing the same to be so forged or altered.

2 ARTICLE 493.

FORGERY AND OTHER OFFENCES RESPECTING TRANSFERS OF SHARES IN PUBLIC FUNDS-CLAIMS TO CROWN

GRANTS, SCRIP, ETC.

Every one is guilty of felony and liable to imprison

1 R. S. C. c. 165, s. 5.

2 S. D. Arts. 359 (b.), (ƒ.), 361 (g.), 357.

ment for life in cases (a), (b.) and (c.), and for seven years in cases (d.) and (e.), who,

(a.) with intent to defraud, forges or alters, or offers, utters, disposes of or puts off, knowing the same to be forged or altered,

(i.) any transfer of any share or interest of or in any stock, annuity or other public fund which now is or hereafter may be transferable in any of the books of the Dominion of Canada, or of any Province of Canada, or of any bank at which the same is transferable, 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 of the United Kingdom or of Canada, or by any Act of the Legislature of any Province of Canada, or

(ii.) any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund or capital stock, or any claim for a grant of land from the crown in Canada, or for any scrip or other payment or allowance in lieu of any such grant of land, or to receive any dividend or money payable in respect of any such share or interest; or

2

(b.) with intent to defraud, demands or endeavors to have any such share or interest transferred, or to receive any dividend or money payable in respect thereof, or any such grant of land, or scrip or payment or allowance in lieu thereof, by virtue of any such forged or altered power of attorney or other authority, knowing the same to be forged or altered; or

3

(c.) falsely and deceitfully personates any owner of any such share or interest or any such claim, scrip, payment or allowance, and thereby transfers or endeavors to transfer any share or interest belonging to any such owner, or thereby receives or endeavors to receive any

1 R. S. C. c. 165, s. 8; 24 & 25 Vict. c. 98, s. 2.

2 As to demanding other property on forged instruments, see Art. 512.

3 R. S. C. c. 165, s. 9; 24 & 25 Vict. c. 98, s. 3.