1

(d.) applies any trade-mark or any forged or counterfeited trade-mark to any thing intended for any purpose of trade or manufacture, or in, on, or with which any chattel or article is intended to be sold, or is sold or offered or exposed for sale;

1

(e.) incloses or places any chattel or article in, upon, under, or with any thing to which any trade-mark has been falsely applied, or to which any forged or counterfeit trademark has been applied;

(f) applies or attaches any chattel or article to any case, cover, reel, ticket, label, or other thing to which any trade-mark has been falsely applied, or to which any false or counterfeit trade-mark has been applied;

1

(g.) incloses, places, or attaches any chattel or article in, upon, under, with, or to any thing having thereon any trade-mark of any other person;

(h.) 2 causes or procures to be committed any of the offences defined in this Article, or aids, abets, or counsels the commission of any of them.

Every person committing any such misdemeanor as aforesaid forfeits to her Majesty

all chattels and articles to which any such trade-mark or counterfeit trade-mark is applied or caused or procured to be applied;

every instrument for applying any such trade-mark or counterfeit trade-mark in his possession or power;

the chattels and articles and the things mentioned in clauses (d.), (e.), and (g.), and all similar things made to be used in like manner in his possession or power.

ARTICLE 366.

FORGERY AT COMMON LAW, MISDEMEANOR.

3 Every one commits a misdemeanor who forges any

1 "Cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing."

225 & 26 Vict. c. 88, s. 13.

3 R. v. Ward, East, P. C. 861; R. v. Sharman, Dear, 285 (overruling R. v. Boult, 2 C. & K. 604.

document by which any other person may be injured, or utters any such document knowing it to be forged with intent to defraud, whether he effects his purpose or not.

Illustrations.

The forgery or uttering of any of the following documents is a misdemeanor:

1 An order from a magistrate to a gaoler to discharge a prisoner as upon bail being given.

2 A certificate of character to induce the Trinity House to enable a seaman to act as master.

3 Testimonials whereby the offender obtained an appointment as a police constable.

The like with intent to obtain the office of a parish schoolmaster. "A certificate that a liberated convict was gaining his living honestly to obtain an allowance.

CHAPTER XLV.

PERSONATION.

ARTICLE 367.

PERSONATION.

EVERY one commits felony and is liable upon conviction thereof to penal servitude for life as a maximum punishment, who falsely and deceitfully personates

1

(a.) any person, or the heir, executor, or administrator, wife, widow, next of kin, or relation of any person, with intent fraudulently to obtain any land, estate, chattel, money, valuable security, or property;

(b.) 2 any owner of any share or interest of or in any stock, annuity, or other public fund transferable at the Bank of England or the Bank of Ireland;

(c.) any owner of any share or interest of or in the capital stock of any body corporate, company, or society established by charter or by virtue of an Act of Parliament;

(d.) any owner of any dividend or money payable in respect of any such share or interest as aforesaid;

and who thereby (in the case of clauses (b.), (c.), and (d.)) transfers or endeavours to transfer any share or interest belonging to such owner, or thereby receives or endeavours to receive any money due to any such owner as if such offender were the true and lawful owner.

ARTICLE 368.

ACKNOWLEDGING RECOGNIZANCE, ETC., IN FALSE NAME.

3 Every one commits felony and is liable upon conviction

1 37 & 38 Vict. c. 36, s. 1, S.

224 & 25 Vict. c. 98, s. 3, S. Besides these general enactments there are various special Acts punishing personation in particular cases. See 33 & 34 Vict. c. 58, s. 21, as to personation of stock-holders; 26 & 27 Vict. c. 73, s. 111, as to personating persons interested in India stock; 30 & 31 Vict. c. 131, s. 35, as to personation of persons interested in joint stock companies' stock. The other enactments as to personation of voters, &c., are enumerated in Archbold, 628. 324 & 25 Vict. c. 98, s. 34, S.

thereof to seven years penal servitude as a maximum punishment, who without lawful authority or excuse (the proof of which is on the party accused) acknowledges any recognizance or bail, or any cognovit actionem, or judgment, or any deed or other instrument before any Court, judge, or other person lawfully authorized in that behalf.

ARTICLE 368A.

PERSONATION IN FRAUD OF THE ADMIRALTY.

Every one commits a misdemeanor, and is liable on conviction thereof to five years penal servitude as a maximum punishment on indictment, and to six months imprisonment and hard labour as a maximum punishment on summary conviction, who in order to receive any pay, wages, allotment, prize-money, bounty-money, grant or other allowance in the nature thereof, half pay pension, or allowance from the compassionate fund of the Navy, payable or supposed to be payable by the Admiralty, or any other money so payable or supposed to be payable, or any effects or money in charge or supposed to be in charge of the Admiralty, falsely and deceitfully personates any person entitled or supposed to be entitled to receive the same.

1 28 & 29 Vict. c. 124, s. 8, S.

CHAPTER XLVI.

1 OFFENCES RELATING TO THE COIN.

2 ARTICLE 369.

INTERPRETATION OF TERMS.

In this chapter the following words and expressions are used in the following senses:

3" Current," applied to coin, means coin coined in any of Her Majesty's mints or lawfully current by virtue of any proclamation or otherwise in any part of Her Majesty's dominions, whether within the United Kingdom or without. "Copper," applied to coin, includes bronze or mixed metal and every other kind of coin inferior in value to silver.

"Counterfeit coin means coin not genuine, but resembling, or apparently intended to resemble, or pass for genuine coin; and includes genuine coin prepared or altered so as to resemble or pass for coin of a higher denomination. A coin fraudulently filed at the edges so as to remove the milling, and on which a new milling has been added to restore the appearance of the coin, is a counterfeit coin.

4

"Gild" and "silver," as applied to coin, include casing with gold or silver respectively, and washing and colouring by any means whatsoever with any wash or materials capable of producing the appearance of gold or silver respectively. "Utter" includes "tender" and "put off."

Having in possession " includes knowingly and wilfully having

(a.) in the possession or custody of any other person; or (b.) in any place for the use or benefit of the possessor or any other person.

3 Hist. Cr. Law, 177-180.

2 24 & 25 Vict. c. 99.

3 Sect. 1. The interpretation clause is rather clumsy, but the text will be found to represent it correctly, though as to the word "possession " in an abridged shape. ♦ R. v. Hermann, L. R. 4 Q. B. D. 284.