1

any exchequer bill, exchequer bond, or exchequer debenture, any endorsement thereon or assignment thereof, or any receipt or certificate accruing thereon;

2 any 3 bank-note or any endorsement thereon or assignment thereof;

4

* any stock certificate or coupon, or any document purporting to be a stock certificate or coupon issued in pursuance of Part V. of the National Debt Act, 1870 (33 & 34 Vict. c. 71), or of any former Act;

5 any register, certificate, transfer, &c., under the Act enabling commissioners to grant annuities;

6 any deed, bond or writing obligatory, or any assignment thereof at law or in equity, or any name, handwriting, or signature purporting to be that of any attesting witness thereto;

7

7 any will, codicil, or testamentary instrument;

8 any bill of exchange or promissory note, or any acceptance, endorsement, or assignment of either respectively ;

"any undertaking, order, warrant, authority, or request, for the payment of money, or for the delivery or transfer of any goods or chattels, or of any note, bill, or security for the

1 24 & 25 Vict. c. 98, s. 8. "Exchequer Bill" includes "Treasury Bill" see 40 Vict. c. 2, s. 10.

2 Ibid. s. 12.

3.4 Any note or bill of exchange of the Governor and Company of the Bank of England, or the Governor and Company of the Bank of Ireland, or of any other body corporate, company, or persons carrying on the business of bankers, commonly called a bank-note, a bank bill of exchange, or a bank post bill.”

4 33 & 34 Vict. c 58, s. 3 (incorporated with 24 & 25 Vict. c. 98); and see ss. 4-6, as to personation of owners of stock, engraving plates for certificates, and forgery of certificates of transfer.

52 & 3 Will. 4, c. 59, s. 19.

624 & 25 Vict. c. 98, s. 20.

7 Ibid. s. 21.

8 Ibid. s. 22. A agrees to pay B for goods by his, A's, acceptance, and that he, A, will accept it, and procure its endorsement by C. B sends a form for acceptance accordingly, but with no drawer's name. A accepts

it and forges C's endorsement to it. He cannot be indicted under this section, but probably might be convicted of a common law forgery: R. v. Harper, 1881, 7 Q. B. D. 78.

9 Ibid. s. 23. As to what is not a receipt, see R. v. French, 217; 1870, 1 C. C. R. 217. An IO U may be an undertaking for payment of money R. v. Chambers, 1871, 1 C. C. R. 341. A turnpike ticket is a receipt R. v. Fitch, 1862, L. & C. 159. A bank pass book is an account

:

payment of money, or for procuring or giving credit, or any endorsement on or assignment of any such document, any accountable receipt, acquittance, or receipt for money or for goods, or for any note, bill, or other security for the payment of money, or any endorsement on or assignment of any such accountable receipt ;

1any court roll, or copy of any court roll, relating to any copyhold or customary estate; or

(c.) 2 who obliterates, adds to, or alters the crossing on any cheque or draft crossed with the name of a banker, or with two transverse lines with the words " and Company," or any abbreviation thereof, or utters any cheque or draft so dealt with, knowing that it is so dealt with; or

(d.) who does any of the following things to any register of births, baptisms, marriages, deaths, or burials authorized or required by law for the time being to be kept (that is to say):

(i.) destroys, defaces, or injures any such register, or causes or permits any such register to be so dealt with; or

(ii.) forges, or fraudulently alters, in any such register, any entry relating to any birth, baptism, marriage, death, or burial; or

(iii) does any of the things above mentioned to any part of any such register, or to any certified copy of any such register, or to any part of any such certified copy; or

(iv.) knowingly and unlawfully inserts, or causes or permits to be inserted in any such register, or in any certified copy thereof, any false entry of any matter relating to any such fact, or gives any false certificate relating thereto; or

(v.) certifies any writing to be a copy or extract from any such register, knowing such writing, or the part of the

able receipt: R. v. Smith, 1862, L. & C. 168: R. v. Moody, 1862, L. & C. 173. A guarantee against negligence and dishonesty is an "undertaking for the payment of money": R. v. Joyce, 1865, L. & C. 576. A pawnbroker's ticket is a warrant for the delivery of goods: R. v. Morrison, 1859, Bell, C. C. 158.

124 & 25 Vict. c. 98, s. 30.

2 Ibid. s. 25.

3 Ibid. s. 36.

register of which it is a copy, to be false in any material

particular; or

(vi.) who forges the seal of or belonging to any register office or burial board; or

(vii.) who utters any such register, entry, certified copy, certificate, or seal, knowing the same to be false, forged, or altered, or any copy of any entry in any register, knowing the entry to be forged; or

(e.) 1 who does any of the following things to any copy of any register required by law to be transmitted to any registrar or other officer (that is to say):

(i.) knowingly and wilfully inserts, or causes or permits to be inserted therein, any false entry of any matter relating to any 2 baptism, marriage, or burial;

(ii.) forges or utters any such copy;

(iii) knowingly and wilfully signs or verifies any such copy, knowing any part of it to be false;

(iv.) unlawfully destroys, defaces, or injures any such copy; (v.) unlawfully and for a fraudulent purpose takes any such copy from its place of deposit, or conceals it; or

3

(f) who demands or endeavours to have any share or interest in stock transferred, or to receive any dividend or money payable in respect thereof, by virtue of any forged power or authority, knowing it to be forged; or

5 demands or endeavours to obtain or receive any share or interest of or in any stock, as defined in the National Debt Act, 1870 (33 & 34 Vict. c. 71), or to receive any dividend or money payable in respect thereof, by virtue of any forged or altered certificate or coupon, knowing it to be forged; or

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(g.) who commits any felony which was punishable by death before the 1 Will. 4, c. 66, and which is not otherwise

1 24 & 25 Vict. c. 98, s. 37.

2 The word "birth" seems to be wanted here.

3 24 & 25 Vict. c. 98, s. 2.
4 See definition in clause (b.).
533 & 34 Vict. c. 58, s. 3.

6 24 & 25 Vict. c. 98, s. 48. is not likely to be put in force. judge from the Index to the

This section is exceedingly verbose, and
I have therefore greatly abridged it. To
Revised Statutes, it can apply only to

punishable under the 24 & 25 Vict. c. 98, and which consists in forging or uttering any document, or acting under a forged document or personation, or making or being in possession of instruments for making any kind of paper, or other offence of the same nature.

ARTICLE 389.

FORGERIES PUNISHABLE WITH FOURTEEN YEARS PENAL SERVITUDE.

Every one commits felony, and is liable upon conviction thereof to fourteen years penal servitude, who with intent to defraud forges or utters:

(a.) 2 any debenture issued under any lawful authority either within Her Majesty's dominions or elsewhere;

4

(b.) 3 any document made under any Act in force for the time being relating to the registry of deeds, or the seal or any impression of the seal of any office for the registry of deeds, or anything purporting to be the name, handwriting, or signature of any person to any such document required to be signed by the law for the time being; or

any document mentioned in (b) having thereon any such forged stamp, impression, name, handwriting, or signature; (c.) any instrument made, or purporting or appearing to be made, by any of the officers mentioned in the note

5

6

52 Geo. 3, c. 143, s. 6, referring to forging certificates, &c., of redemption of the land tax where the punishment was originally death, and was reduced to transportation for life by 1 Will. 4, c. 66, s. 1.

1 24 & 25 Vict. c. 98, s. 26, "shall fraudulently forge or alter or shall" utter; s. 31, "shall forge or fraudulently alter or shall" utter; s. 33, "whoever with intent to defraud shall forge or alter," &c. I see no difference in the meaning of these phrases, nor do I understand why they are varied. The word "forge" in itself implies an intent to defraud. 2 24 & 25 Vict. c. 98, s. 26.

3 Ibid. s. 31.

4 any memorial, affidavit, affirmation, entry, certificate, endorsement, document or writing.

524 & 25 Vict. c. 98, s. 33.

6 "certificate, report, entry, endorsement, declaration of trust, note, direction, authority, instrument, or writing.'

7 The Accountant-General, or any other the officers of the Court of Chancery in England and Ireland, any judge or officer of the Landed

hereto, or the name, handwriting, or signature of any such officer; or

3

(d.) who draws any bill of exchange or order for the delivery or transfer of goods by procuration or otherwise for, in the name, or on the account of any other person without lawful authority or excuse, or utters any such bill or order knowing it to be so drawn; or

5

6

(e.) who demands or obtains any property whatsoever, under, upon, or by virtue of any forged instrument whatsoever, knowing it to be forged, or under, upon, or by virtue of any probate or letters of administration, knowing the 7 will on which such probate or such letters of administration were obtained to have been forged, or knowing the probate of letters of administration to have been obtained by any false oath, affirmation, or affidavit.

8 (f) or who forges a die or stamp; or

8 (g.) knowingly sells or exposes for sale, or utters, or uses any forged stamp, or any stamp which has been fraudulently printed or impressed from a genuine die; or

(h.) causes or procures to be done, or knowingly aids, abets, or assists in doing any of the acts mentioned in (f) and (g).

Estates Court in Ireland, every officer of every Court in England or Ireland, every cashier or other officer or clerk of the Governor and Company of the Bank of England or Ireland.

1 24 & 25 Vict. c. 98, s. 24.

266 draw, make, sign, accept, or indorse."

3 "any bill of exchange or promissory 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.' A document which is in form a receipt may be in substance a warrant, &c. R. v. Kay, 1870, 1 C. C. R. 29.

4 24 & 25 Vict. c. 98, s. 38.

5 66 demand, receive, or obtain, or cause or procure to be delivered or paid to any person, or endeavour " to do any such thing.

6" chattel, money, security for money, or other property whatsoever." 7 "testament, codicil, or testamentary writing."

8 54 & 55 Vict. c. 38, s. 13 (1) and (8); see note 2 post p. 348 for definition of "forge 99.66 stamp" &c.

9 Any person appointed to sell and distribute stamps, or being or having been licensed to deal in stamps, found in possession of forged stamps, is deemed, until the contrary is proved, to be guilty of this offence. Ibid. s. 18.