porate or body of the like nature constituted or recognized by any foreign prince or state, or of any person or company or persons resident in any country not under the dominion of Her Majesty, or whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, engraves or in any wise makes upon any plate whatever, or upon any wood, stone or other material, any bill of exchange, promissory note, undertaking, or order for payment of money, or any part of any bill of exchange, promissory note, undertaking or order for payment of money, in whatsoever language the same may be expressed, and whether the same is or is not, or is or is not intended to be, under seal, purporting to be the bill, note, undertaking or order, or part of the bill, note, undertaking or order, of any foreign prince or state, or of any minister or officer in the service of any foreign prince or state, or of any body corporate or body of the like nature, constituted or recognized by any foreign prince or state, or of any person or company of persons resident in any country not under the dominion of Her Majesty, or uses or knowingly has in his custody or possession any plate, stone, wood or other material, upon which any such foreign bill, note, undertaking or order, or any part thereof, is engraved or made, or knowingly offers, utters, disposes of, or puts off, or has in his custody or possession any paper upon which any part of any such foreign bill, note, undertaking or order is made or printed, 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. 19, Imp.

The words in italics are not in the English Act: they extend the provisions of sections 25 and 26, post, to foreign bills, notes, &c.

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 what is a criminal possession under this Act, see post, sect. 52.

As to description of instruments in indictments for forgery, see post, sect. 49, and sect. 24 of the Procedure Act of 1869.

As to description of instruments in indictments for engraving, etc., etc., etc., see post, sect. 50.

As to warrants to search for paper or instruments employed or intended for any forgery, illegal engraving or forged instruments, see post, sect. 53.

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.--- 2 Russell, 874.

It was held, in Reg. vs. Brackenridge, 11 Cox. 96, that it is an offence, under sect. 16 of the Imperial Act, (sect. 19 of our Act) feloniously, and without lawful excuse, to engrave upon a plate in England a note of a bank in Scotland, or in the colonies.

In Reg. vs. Keith, Dears 486, a decision was given on what is a part of a bank note, but Greaves, note a, 2 Russell 874, questions the legality of the decision.

R. vs. Warshaner, 1 Mood. 466, R. vs. Harris, and R. vs. Ball, 1 Mood, 470, are cases under a clause similar to sect. 22, ante, as to foreign bills and notes.

In Reg. vs. Hannon, 2 Mood. 77, the having, in England, in possession, a plate upon which was engraved a note of the Bank of Upper Canada, was declared to be within the then existing Statute.

In Reg. vs. Rinaldi, L. and C. 330, it was held, that the taking of a "positive" impression of a note on glass by means of the photographic process is a "making" of a note within 24-25 Vict., ch. 98., s. 19 (sect. 22, ante, of our statute) although the impression so taken is evanescent, and although it cannot be printed or engraved from until it has been converted into a "negative." The report of this case gives at full length a copy of the indictment therein.

If several concur in employing another to make a forged instrument, knowing its nature, they are all guilty of the forgery; Reg. vs. Mazeau, 9 C. and P. 676, and 31 Vict., ch. 72, sect. 1, of our Statutes.

AS TO FORGING DEEDS, BONDS, ETC.

Sect. 23.-Whosoever, with intent to defraud, forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any deed or any bond, or writing obligatory, or any assignment at law or in equity, of any such bond or writing obligatory, or forges any name, handwriting or signature purporting to be the name, handwriting or signature, of a witness attesting the execution of any deed, bond or writing obligatory, or offers, utters, disposes of, or puts off, any deed, bond, or writing obligatory, having thereon any such forged name, handwriting or signature, knowing the same to be forged, 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

G

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. 20, 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.

Indictment.-..

a certain bond and writing obligatory feloniously did forge, with intent thereby then to defraud, against the form.....

(2nd Count)...... that the said J. S. afterwards, to wit, on the day and year aforesaid, feloniously did offer, utter, dispose of and put off, a certain other forged bond and writing obligatory, with intent thereby then to defraud,―he the said J. S. at the time he so offered, uttered, disposed of and put off the said last-mentioned forged bond and writing obligatory as aforesaid, well knowing the same to be forged, against the form...... Archbold,

576.

A power of attorney is a deed within the meaning of 2 Geo. 2, ch. 25, and forging a deed is within this Statute, though there may have been subsequent directory provisions by Statute, that instruments for the purpose of such forged deed shall be in a particular form, or shall comply with certain requisites, and the forged deed is not in that form, or does not comply with those requisites. R. vs. Lyons, R. & R. 255. And a power of attorney to transfer government stock was holden to be a deed under the repealed Statutes.--R. vs. Fauntleroy, 1 Mood. 52; but the forging of such a power of attorney is now provided for by sect. 5, ante.

R. made an equitable deposit of title deeds with G. for £750, and afterwards assigned all his property to B.

for the benefit of his creditors. R. and his assignee, B. then, for an additional advance, conveyed to G. the freehold of the property to which the deeds deposited related. After this, the prisoner R. executed a deed of assignment. to the other prisoner of a large part of the land so conveyed to G. for a long term of years; but this deed was falsely antedated before the conveyance by R. and B. to G., and upon this deed, the prisoners resisted G.'s title to possession of this part of the land. Held that this deed so antedated for the purpose of defrauding G. amounted to forgery, and that a man may be guilty of forgery by making a false deed in his own name.-Reg. vs. Ritson, 11 Cox, 352.

Letters of orders issued by a bishop, certifying that so and so has been admitted into the holy orders, is not a deed within this section, and a forgery of such letters is' not within this statute, but a misdemeanor at common law. Reg. vs. Morton, 12 Cox, 456.

Upon 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.

AS TO FORGING WILLS.

Sect. 24.-Whosoever, with intent to defraud, forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any will, testament, codicil, or testamentary instrument, 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. 21, Imp.