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Indictment. The jurors for Our Lady the Queen, upon their oath present, that A. B. on... ...feloniously and without lawful authority or excuse, had in his custody and possession five forged bank notes for the payment of ten dollars each, the said A. B. then well knowing the said several bank notes and each and every of them respectively 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. -Archbold, 596; 2 Burn's Just. 682.

In R. vs. Rowley, R. & R. 110, it was held, that every uttering included having in custody and possession, and, by some of the judges, that, without actual possession, if the notes had been put in any place under the prisoner's control, and by his direction, it was a sufficient possession within the Statute.-See now, sect. 52, post.

Upon the trial of 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.-2 Russell, 874.

AS TO MAKING PAPER AND ENGRAVING PLATES, ETC., ETC., FOR BANK NOTES, ETC.

Sect. 17.-Whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, makes or uses or knowingly has in his custody or possession, any frame, mould or instrument, for the making of paper used for Dominion or Provincial notes, or for bank notes with any words used in such notes, or any part of such words intended to resemble or pass for the same, visible in the substance of the paper, or for the making of paper with curved or waving bar lines, or

with the laying wire lines thereof in a waving or curved shape, or with any number, sum or amount expressed in a word or words in letters, visible in the substance of the paper, or with any device or distinction peculiar to and appearing in the substance of the paper used for such notes, respectively, or makes, uses, sells, exposes to sale, utters or disposes of, or knowingly has in his custody or possession any paper whatsoever with any words used in such notes, or any part of such words, intended to resemble and pass for the same, visible in the substance of the paper, or any paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape or with any number, sum, or amount expressed in a word or words in letters, appearing visible in the substance of the paper, or with any device or distinction peculiar to and appearing in the substance of the paper used for any such notes respectively, or by any art or contrivance causes any such words or any part of such words, intended to resemble and pass for the same, or any device or distinction peculiar to and appearing in the substance of the paper used for any such notes, respectively, to appear visible in the substance of any paper, or causes the numerical sum or amount of any such note, in a word or words in letters to appear visible in the substance of the paper, whereon the same is written 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.-24-25 Vict., ch. 98, s. 14, Imp.

Sect. 18.-Nothing in the last preceding section contained shall prevent any person from issuing any bill of

exchange or promissory note having the amount thereof expressed in a numerical figure or figures denoting the amount thereof in pounds or dollars, appearing visible in the substance of the paper upon which the same is written or printed, nor shall prevent any person from making, using or selling any paper having waving or curved lines, or any other devices in the nature of watermarks visible in the substance of the paper, not being bar lines or laying wire lines, provided the same are not so contrived as to form the ground work or texture of the paper, or to resemble the waving or curved laying wire lines, or bar lines, or the watermarks of the paper used for Dominion notes or Provincial notes, or bank notes, as aforesaid. -2425 Vict. ch. 98, s. 15, Imp.

Sect. 19.-Whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, engraves, or in any wise makes upon any plate whatsoever, or upon any wood, stone, or other material, any promissory note or part of a promissory note, purporting to be a Dominion or provincial note or bank note, or to be a blank Dominion or provincial note or bank note, or to be a part of any Dominion or provincial note or bank note as aforesaid, or any name, word or character, resembling or apparently intended to resemble any subscription to any such Dominion or provincial note, or bank note, as aforesaid, or uses any such plate, wood, stone, or other material, or any other instrument or device for the making or printing of any such note or part of such note; or knowingly has in his custody or possession any such plate, wood, stone or other material, or any such instrument or device, or knowingly offers, utters, disposes of or puts off, or has in his custody or possession any paper upon which any blank Dominion or provincial note or

bank note, or part of any such note, or any name, word or character resembling or apparently intended to resemble, any such subscription, 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. 16, Imp.

Sect. 20-Whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, engraves or in anywise makes upon any plate whatsoever, or upon any wood, stone or other material, any word, number, figure, device, character or ornament, the impression taken from which resembles, or is apparently intended to resemble any part of a Dominion or Provincial note or bank note, or uses, or knowingly has in his custody or possession any such plate, wood, stone or other material, or any other instrument or device for the impressing or making upon any paper or other material any word, number, figure, character or ornament, which resembles or is apparently intended to resemble any part of any such note, as aforesaid, or offers, utters, disposes of or puts off, or has in his custody or possession any paper or other material upon which there is an impression of any such matter as aforesaid, 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. 17, Imp.

The word "knowingly" before offers, &c., has been left out, probably by a typographical error.

Sect. 21.-Whosoever without lawful authority or excuse, the proof whereof shall lie on the party accused, makes or uses any frame, mould or instrument for the manufacture of paper with the name or firm of any bank or body corporate, company or person carrying on the business of bankers appearing visible in the substance of the paper, or knowingly has in his custody or possession any such frame, mould or instrument, or makes, uses, sells or exposes to sale, utters or disposes of, or knowingly has in his custody or possession, any paper in the substance of which the name or firm of any such bank, body corporate, company or person appears visible, or by any art or contrivance causes the name or firm of any such bank, body corporate, company or person to appear visible in the substance of the paper upon which the same is written 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. 18, Imp.

Sect. 22. Whosoever forges or alters, or offers, utters, dispos s of or puts off, knowing the same to be forged or altered, any bill of exchange, promissory note, undertaking or order for payment of money, in whatever language or languages the same may be expressed, and whether the same is or is not under seal, purporting to be 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 cor

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