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ARTICLE 516.

FORGERY OF ANY DOCUMENT.

Every one is guilty of felony, and liable to imprisonment for life, who, for any purpose of fraud or deceit, forges or fraudulently alters any document or thing written, printed, or otherwise made capable of being read, or offers, utters, disposes of puts off any such forged or altered document or thing, knowing the same to be forged or altered.

2 ARTICLE 517.

PUNISHMENT IN CASES NOT OTHERWISE PROVIDED FOR IN R. S. C. c. 165, AND FOR WHICH OFFENDER IS

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BY ANY ACT LIABLE TO GREATER PUNISHMENT.

Every one is liable to imprisonment for life,

[who commits any felony] for which he would be liable to any greater punishment than is provided for by R. S. C. c. 165, and which is not otherwise punishable thereunder, [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.

1 R. S. C. c. 165, s. 46. This comprehensive section does not occur in the Act of the United Kingdom. As to the forgery of ballot papers, see Art. 171. A writing purporting to be a bank note issued by a banking company in the State of Maine was held to be within 12 Vict. (N. B.) c. 29, which made it forgery to forge or alter any writing with intent to defraud; R. v. Brown, 3 All. 13.

S. D. Art. 359 (g.)

3 R. S. C. c. 165, s. 50; [24 & 25 Vict. c. 98, s. 48. S. This section is exceedingly verbose, and is not likely to be put in force. I have therefore greatly abridged it. To judge from the Index to the Revised Statutes, it can apply only to two statutes, 52 Geo. 3, c. 143, s. 6, referring to forging certificates, etc., of redemption of the land tax, and 7 & 8 Geo. 4, c. 53, s. 56, relating to the forgery of instruments to receive money from the Bank of England, on account of the Receiver General of Excise, etc. In each case the punishment was originally death, and in each it was reduced to transportation for life by 1 Will. 4, c. 66, s. 1.] The provision is altogether unnecessary in Canada, and finds a place in the Canadian Act for no better reason than that it occurs in the Act of the United Kingdom..

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1 ARTICLE 518.

FORGERY AT COMMON LAW, MISDEMEANOR.

[Every one commits a misdemeanor who forges any 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:

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

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

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

6 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.]

ARTICLE 519.

8 SPECIAL STATUTORY PROVISIONS RESPECTING FORGERY AND OFFENCES RESEMBLING FORGERY.

Every one who does anything of the things indicated in a general way in the first column of the schedule. hereto, and more particularly defined in the statute cited in the second column is guilty of the offence described in the third column, and liable on conviction in the manner mentioned in the fourth column to the punishment 10 stated in the fifth column of such schedule.

1S. D. Art. 366.

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

3 R. v. Harris, 1 Moody 393.

4 R. v. Toshack, 1 Den. C. C. 492.

5 R. v. Moah, D. & B. 552.

R. v. Sharman, Dear. C. C. 285.

R. v. Mitchell, 2 F. & F. 44.]

8 Many of such offences are punishable under the general criminal law, and others are of a character so special that it is not necessary or desirable to define them at greater length than is done in the schedule to this Article.

In some cases the offence is not in terms described in the statute.

191 have added the term of imprisonment to which the offender is liable under the general criminal law (Art. 17), where no term is given in the statute. In every case of misdemeanor the offender is liable to a fine in addition to or in lieu of any other authorized punishment: Art. 12.

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C. S. C. c. 52, s. 13.

Felony

Indictment

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C. S. C. c. 66, s. 121.

24 Vict. (P C.) c. 18, s.28 Misdemeanor..

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PUNISHMENT.

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Summary conviction be- Fine $200.00 and imprisonment fore two Justices

Indictment

R. S. C. c. 32, s. 210

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Counterfeiting or uttering Customs documents. Counterfeiting any label, stamp or seal provided for by The Inland Revenue Act

Affixing forged, false or used stamp to package of tobacco or cigars........

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Making false entries in registers of copyrights, or
tendering in evidence any paper falsely purporting
to be a copy thereof....

Forging or fraudulently altering certificates of
masters or mates; aiding or procuring same by
false representations, &c

Fraudulently altering, making false entry in, or
delivering false copy of an agreement made under
The Seamen's Act; or........

Under The Inland Waters Seamen's Act..

Master or person interested in ship making fraudu-
lent alteration in marks on stem or stern post of
ship denoting draught of water........
Making false inspection bill of ashes..

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