missory note, or any undertaking, warrant, order, authority or request for the payment of money, or for the delivery or transfer of goods or chattels, or of any bill, note, or other security for money, by procuration, or otherwise, for, in the name, or on the account of any other person, without lawful authority or excuse, or offers, utters, disposes of, or puts off, any such bill, note, undertaking, warrant, order, authority or request, so drawn, made, signed, accepted, or indorsed by procuration or otherwise without lawful authority or excuse, as aforesaid, knowing the same to have been so drawn, made, signed, accepted or indorsed as aforesaid, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen years and 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. 24, Imp. As to sureties for the peace, in felonies under this Act, see post, sect. 58. As to solitary confinement, see sect. 94 of the Procedure Act of 1869. Greaves says: "This clause is new, and was framed in order to make persons punishable, who, without authority, make, accept, or indorse bills or notes "per procuration," which was not forgery under the former enactments.-Maddock's case, 2 Russell, 947; Reg. vs. White, 1 Den. 208." Indictment, as under sect. 25.-See general remarks on forgery. A deposited with a Building Society £460, for two years, at interest, through the prisoner, who was an agent of the Society. Having obtained the deposit note from A, who gave it up on receiving an accountable receipt for £500, being made up by the £460, and interest, the prisoner wrote, without authority, the following document: "Received of the S. L. Building Society the sum of £417.13.0, on account of my share, No. 8071, pp., Susey Ambler, William Kay," and obtained £417.13.0, by means thereof and giving up the deposit note. The jury, having found that, by the custom of the Society, such documents were treated as an "authority to pay," and as "a warrant to pay," and as "request to pay " money, the prisoner was convicted under 24-25 Vict., ch. 98, s. 24, (sect. 27, ante, of our Statute): held, that the conviction was right.-Reg. vs. Kay, 11 Cox 529. 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. Sect. 28. OBLITERATING CROSSING ON CHEQUES. Whenever any cheque or draft on any banker is crossed with the name of a banker, or with two transverse lines with the words "and company," or any abbreviation thereof, whosoever obliterates, adds to, or alters any such crossing, or offers, utters, disposes of, or puts off, any cheque or draft whereon any such obliteration, addition or alteration has been made, knowing the same to have been made, with intent in any of the cases aforesaid to defraud, 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. 25, Imp. As to sureties for the peace, in felonies under this Act, see post, sect. 58. As to solitary confinement, see sect. 94 of the Procedure Act of 1869. Greaves says: "This clause is so framed as to meet the case of a draft either issued with a crossing on it, or crossed after it was issued." FORGING DEBENTURES. Sect. 29.-Whosoever fraudulently forges, or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or fraudulently altered, any debenture issued under any lawful authority whatsoever, either within Her Majesty's Dominions, or elsewhere, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen years, and 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. 26, Imp. As to sureties for the peace, in felonies under this Act, see post, sect. 58. As to solitary confinement, see sect. 94 of the Procedure Act of 1869. Greaves says: "The words of this clause originally were forge or alter; but as the clause contained no intent to defraud, the Select Committee of the Commons thought 'fraudulently' should be prefixed to 'alter.' By some mistake in the reprint, it is prefixed to forge." This error has been inserted into our Statute: the words "fraudulently forge" are a tautological expression and do not sound well: forgery need not this qualifica tion its own name bears it: fraudulent forgery sounds like fraudulent larceny, or malicious murder. See remarks under sect. 14, and general remarks on forgery. FORGERY OF TRADE MARKS. Sections 30 and 31 of the Forgery Act of 1869 are repealed by 35 Vict., ch. 32, "an Act to amend the law relating to the fraudulent marking of merchandise"; which is a reproduction of the Imperial Statute 25-26 Vict., ch. 88, and reads as follows: AN ACT TO AMEND THE LAW RELATING TO THE FRAUDULENT MARKING OF MER CHANDISE. Whereas it is expedient to amend the Law relating to the fraudulent marking of Merchandise, and to the sale of Merchandise falsely marked for the purpose of fraud: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In the construction of this Act, the word, "Person" shall include any person, whether a subject of Her Majesty or not, and any body corporate or body of the like nature, whether constituted according to the law of Canada, or of any of Her Majesty's Dominions or Colonies, or according to the law of any foreign country, and also any company, association or society of persons, whether the members thereof be subjects of Her Majesty or not, or some of such persons be subjects of Her Majesty and some of them not, and whether such body corporate, body of the like nature, company, association or society, H be established or carry on business within Her Majesty's Dominions or elsewhere, or partly within Her Majesty's Dominions and partly elsewhere: the word "Mark" shall include any name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket or other mark of any other description: and the expression "Trade Mark," shall include any and every such name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket or other mark as aforesaid, registered or unregistered, lawfully used by any person to denote any chattel or article to be an article or thing of the manufacture, workmanship, production or merchandise of such person, or to be an article or thing of any peculiar or particular description, made or sold by such person, and shall also include any name, signature, word, letter, number, figure, mark or sign, which, in pursuance of any statute or statutes for the time being in force, relating to trade marks or registered designs, is to be put or placed upon or attached to any chattel or article during the existence or continuance of any patent, copyright or other sole right acquired under the provisions of such statutes or any of them. 2. Every person who, with intent to defraud, or to enable another to defraud any person, forges or counterfeits, or causes or procures to be forged or counterfeited, any trade mark, or applies, or causes or procures to be applied, any trade mark or any forged or counterfeit trade mark, to any chattel or article, not being the manufacture, workmanship, production or merchandise of any person denoted or intended to be denoted by such trade mark or denoted or intended to be denoted by such forged or counterfeited trade mark, or not being the manufacture, workmanship, production or merchandise of any person whose trade mark is so forged or counterfeited: |