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AN ACT RESPECTING FORGERY.

32-33 VICT. CH. 19.

Whereas it is expedient to assimilate, amend and consolidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, respecting indictable offences by forgery, and to extend the same as so consolidated to all Canada. Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

FORGING THE GREAT SEAL, &c.

Sect. 1-Whosoever 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 the Dominion of Canada, or of any one of the late Provinces of Upper Canada, Lower Canada, or Canada, or of any one of the Provinces of Ontario, Quebec, Nova Scotia, or New Brunswick, 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 either of the Provinces of Ontario, Quebec, Nova Scotia and New Brunswick, or of any person who at any time administered the Government of any of the Provinces now constituting Canada, or of the Governor

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or Lieutenant Governor of any one of Her Majesty's Colonies or Possessions, or forges or counterfeits the stamp or impression of any of the seals aforesaid, or utters any document or instrument whatsoever, having thereon, or affixed thereto, the stamp or impression of any such forged or counterfeited 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 impres sion of any of the seals aforesaid, knowing the same to be forged or counterfeited, or 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, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. -24-25 Vict., ch. 98, s. 1. Imp.

See post, sect. 58, as to requiring the offender to give sureties for the peace, in felonies under this Act. See sect. 94 of the Procedure Act of 1869, as to solitary confinement.

Indictment.

that A. B., on..

..the

Great Seal of the United Kingdom falsely, deceitfully and feloniously did forge and counterfeit, against the form.... And the jurors aforesaid, upon their oath aforesaid, do further present that the said A. B. afterwards, to wit, on the day and year aforesaid, falsely deceitfully and feloniously did utter a certain other false, forged and counterfeited Great Seal as aforesaid, then well knowing the same to be false, forged and counterfeited against the form......Add counts stating the in

strument to which the counterfeit seal was appended, or which had thereon or affixed thereto the stamp or impression of such counterfeit seal, &c..-Archbold,

571.

Before the recent Statutes, this offence was treason.-1 Hale 183.-See general remarks on forgery.

Upon the trial of any indictment for any offence under this section, the jury may, if the evidence warrants it, under sect. 49 of the Procedure Act of 1869, convict the prisoner of an attempt to commit the same.-2 Russell,

857.

FORGING DOCUMENT SIGNED BY GOVERNOR, LIEUTE-
NANT-GOVERNOR, LETTERS-PATENT, PUBLIC
REGISTERS, ETC., ETC., ETC.

Sect. 2.-Whosoever forges or fraudulently alters any document bearing or purporting to bear the signature of the Governor of Canada, or of any deputy of the Governor, or of the Lieutenant-Governor of any one of the Provinces of Ontario, Quebec, Nova Scotia and New Brunswick, or of any person who at any time administered the Government of any of the Provinces now constituting Canada, or offers, utters, disposes of or puts off any such forged or fraudulently altered document as aforesaid, knowing the same to be so forged or altered, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement.

Sect. 3. Whosoever forges or alters, or in any way publishes, puts off or utters as true, knowing the

same to be forged or altered, any copy of letters-patent, or of the enrolment or enregistration of letters-patent, or of any certificate thereof made or given, or purporting to be made or given, by virtue of any Statute of Canada, of any one of the late Provinces of Upper Canada, Lower Canada, or Canada, or of the Provinces of Ontario, Quebec, Nova Scotia or New Brunswick, is guilty of felony and shall be liable to be imprisoned in the Penitentiary for any term not more than seven years, nor less than two years, or to be imprisoned in any gaol or place of confinement for any term less than two years, with or without hard labour.

SECT. 4. Whosoever forges, or counterfeits or alters any public register or book, appointed by law to be made or kept, or any entry therein, or wilfully certifies or utters any writing as and for a true copy of such public register or book, or of any entry therein, knowing such writing to be counterfeit or false, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not more than fourteen years, nor less than two years, or in any gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confine

ment.

These three clauses are not in the English Act.-Sects. 37, 42 and 43, post, also provide for the forgery of certain registers.

As to solitary confinement, see sect. 94 of the Procedure Act of 1869.- As to sureties for the peace, in felonies under this Act, see post sect. 58.

As to indictment, see ante, form under sect. 1, and general remarks on forgery.

Upon the trial of any indictment for any offence

under these sections, the jury may, if the evidence warrants it, under sect. 49 of the Procedure Act of 1869, convict the prisoner of an attempt to commit the same,

FORGING TRANSFERS OF STOCKS, POWERS OF ATTORNEY, ETC., ETC., ETC.

Sect. 5. Whosoever forges or alters, or offers, utters, disposes of or puts off, knowing the same to be forged or altered, 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 one of the Provinces of Quebec, Ontario, Nova Scotia or New Brunswick, respectively, or of any Bank at which the same may be 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 any of the late Provinces of Upper Canada, Lower Canada or of Canada, or of the Dominion of Canada, or by any Act of the Legislature of either of the Provinces of Ontario, Quebec, Nova Scotia or New Brunswick, or forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, 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 or land, or to receive any dividend or money payable in respect of any such share or interest, or demands or endeavours to have any such share or interest transferred, or to receive any dividend or money

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