the prisoner could be prepared to combat it."-See Reg. vs. Browne, 2 F. & F. 259, and Paterson's, J., remarks therein on Reg. vs. Cooke, cited ante, and R. vs. Forbes, 7 C. & P. 224. The rule, in such cases, seems to be that you cannot bring collateral evidence of a collateral fact, or that you cannot bring evidence of the collateral circumstances of a collateral fact.

The prosecutor must also prove that the uttering was accompanied by an intent to defraud. As to which, see remarks, ante, on the necessity of this intent in forgery, generally. Baron Alderson told the jury, in Reg vs. Hill, 2 Mood, 30, that, if they were satisfied that the prisoner uttered the bill as true, knowing at the time that it was forged, and meaning that the person to whom he offered it should believe it to be genuine, they were bound to infer that he intended to defraud this person, and this ruling was held right by all the judges. And in Reg. vs. Todd, 1 Cox, 57, Coleridge, J., after consulting Cresswell, J., said: "If a person forge another person's name, and utter any bill, note, or other instrument with such signature, knowing it not to be the signature of the person whose signature he represents it to be, but intending it to be taken to be such by the party to whom it is given, the inference, as well in point of fact as of law, is strong enough to establish the intent to defraud, and the party so acting becomes responsible for the legal consequences of his act, whatever may have been his motives. The natural, as well as the legal consequence, is that this money is obtained, for which the party obtaining it profess to give but cannot give a discharge to the party giving up the money on the faith of it. Supposing a person in temporary distress puts another's name to a bill, intending to take it up when it becomes due, but cannot

perform it, the consequence is that he has put another under the legal liability of his own act, supposing the signature to pass for genuine." See R. vs. Vaughan, 8 C. & P 276; R. vs. Cooke, 8 C. & P. 582; R. vs. Geach, 9 C. & P. 499.

A consequence of the judgment for forgery was an incapacity to be a witness until restored to competency by the king's pardon.-2 Russell, 844. But now by sect. 62 of the Procedure Act, of 1869, it is enacted that "no person offered as a witness, shall, by reason of any alleged incapacity from crime or interest, be excluded from giving evidence on the trial of any criminal case, or in any proceeding relating or incidental to such case." And sect. 63, of the same Act enacts that every person shall be admitted and be compellable to give evidence, in criminal cases, notwithstanding that such person has been previously convicted of a crime or offence. (6 and 7 Vict., ch. 85, Imp.) Indictment.

(General form, under Statute.) The jurors for our lady the Queen, upon their oath present, that J. S. on.... feloniously did forge a certain (here name the instrument) which said forged is as follows: that is to say (here set out the instrument verbatim) (see post sections 49 and 50) with intent thereby then to defraud; against the form of the Statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity.

And the jurors aforesaid, upon their oath aforesaid, do further present, that the said J. S., afterwards, to wit, on the day and year aforesaid, feloniously did forge a certain other (state the instrument forged by any name or designation by which it is usually known,) with intent thereby then to defraud; against the form of the Statute

in such case made and provided, and against the peace of our lady the Queen, her crown and dignity.

And the jurors aforesaid, upon their oath aforesaid, do further present. 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....which said last mentioned forged.....is as follows: that is to say (here set out the instrument verbatim) with intent thereby then to defraud, he, the said J. S. at the time he so uttered, offered, disposed of and put off the said last mentioned forged....as aforesaid, well knowing the same to be forged; against the form of the Statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity.

And the jurors aforesaid, upon their oath aforesaid, do further present, 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 (as in the second count) with intent thereby then to defraud, he, the said J. S., at the time he so uttered, offered, disposed of and put off the said last mentioned forged....as aforesaid, well knowing the same to be forged; against the form of the Statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity.

This indictment is not intended as a general precedent to serve in all cases of forgery; because the form in each particular case must depend upon the Statute on which the indictment is framed. But, with the assistance of it, and upon an attentive consideration of the operative words in the Statute creating the offence, the pleader can find no difficulty in framing an indictment in any case.-Archbold, 559.

Indictment for forgery at common law. The jurors for Our Lady the Queen upon their oath present, that J. S. on... ....unlawfully, knowingly and falsely did forge and counterfeit a certain writing purporting to be (describe the instrument) with intent thereby then to defraud: to the evil example of all others in like case offending, and against the peace of Our Lady the Queen, her Crown and dignity.

And the jurors aforesaid, upon their oath aforesaid, do further present, that the said J. S. afterwards, to wit, on the day and year aforesaid, unlawfully, falsely and deceitfully did utter and publish as true a certain other false, forged and counterfeited writing, purporting to be (describe the instrument) with intent thereby then to defraud, he the said J. S., at the said time he so uttered and published the said last mentioned false, forged and counterfeited writing as aforesaid, well knowing the same to be false, forged and counterfeited, to the evil example of all others in the like case offending and against the peace of Our Lady the Queen, her Crown and dignity. -Archbold, 599.

At common law, forgery is a misdemeanor, punishable by fine or imprisonment, or both, at the discretion of the Court.-By section 45 of our Statute on Forgery, see post, it is doubtful if there is now, with us, any forgery, at common law.

The Court of Quarter Sessions has no jurisdiction in cases of forgery, 2 Russell 814, and never had: "why?" said Lord Kenyon, "I know not, but having been expressly so adjudged, I will not break through the rules of law."-R. vs. Higgins, 2 East Rep. 18.-See also Reg. vs. Rigby, 8 C. & P. 770.

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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