some other Act punished. have any thing, or to do or cause to be done any act upon or by virtue of any matter force, under whatsoever, knowing such matter to be falsely made, forged, counterfeited, erased or and no other altered, or where by any law now in force as aforesaid, any person falsely personating punishment being assigned another or falsely acknowledging any thing in the name of another, or falsely repre- by this Act, senting any other person than the real party to be such party, or demanding or receiv- how to be ing any money or other thing by virtue of any probate or letters of administration, knowing the will on which such probate shall have been obtained to have been false or forged, or knowing such probate or letters of administration to have been obtained by means of any false oath or false affirmation, would be guilty of felony and be liable to any other punishment than is provided by this Act; then and in each of the several cases aforesaid, if any person shall after the commencement of this Act be convicted of any such felony as hereinbefore mentioned, or of aiding, abetting, counselling or procuring the commission thereof, and no other provision is made for the punishment of any such offender under any other clause of this Act, such offender shall be liable at Punishment. the discretion of the Court, to be kept confined at hard labour in the public Penitentiary of this Province for any term not less than three nor more than ten years, or to be imprisoned in any Common Gaol for any term not exceeding two years: Provided always, that nothing herein contained shall affect or alter any law relating to any coin lawfully current in this Province. Proviso-this fect any law Act not to af. relating to cur rent coin. Offenders may be tried in the which they shall be appre hended or in custody. XVII. And be it enacted, That if any person shall commit any offence against this Act, or shall commit any offence of forging or altering any matter whatsoever, or of offering, uttering, disposing of or putting off any matter whatsoever, knowing the same to be forged or altered, whether the offence in any such case shall be indictable at Common Law or by virtue of any statute or statutes made or to be made, the offence of every such offender may be dealt with, indicted, tried and punished and laid and charged to have been committed in any district or place in which he shall be apprehended or be in custody, as if his offence had been actually committed in that district or place; and every accessory before or after such offence, if the same be a felony, and And accessoevery person aiding, abetting or counselling the commission of any such offence if the same be a misdemeanor, may be dealt with, indicted, tried and punished, and his offence laid and charged to have been committed in any district or place in which the principal offender may be tried. XVIII. And be it enacted, That in the case of every felony punishable under this Act, every principal in the second degree and every accessory before the fact shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act shall on conviction be liable to imprisonment in any Common Gaol for any term not exceeding two years. XIX. And in order to prevent justice being defeated by clerical or verbal inaccuracies, Be it enacted, That in all informations or indictments for forging, altering or in any manner uttering any instrument or writing, it shall not be necessary to set forth any copy or fac simile thereof, but it shall be sufficient to describe the same in such manner as would sustain an indictment for stealing the same. XX. And be it declared and enacted, That when the having any matter in the custody or possession of any person is in this Act expressed to be an offence, if any person ries in the same place. in Accessories and principals the second degree, how punished.. Accessories after the fact. Fac simile not indictments. required in What descrip tion shall be sufficient. What shall be thing in pos a having any this Act. Word " per son," how interpreted in this Act. session under shall have any such matter in his personal custody or possession, or shall knowingly or wilfully have any such matter in any dwelling house or other building, lodging, apartment, field or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this Act; and where the committing of any offence with intent to defraud any person whatsoever is made punishable by this Act, in every such case the word "person" shall throughout this Act be deemed to include Her Majesty or any foreign Prince or State, or any body corporate or any company or society of persons not incorporated, or any person or number of persons whatsoever who may be intended to be defrauded by such offence, whether such body corporate, society, person or number of persons shall reside or carry on business in this Province or elsewhere in any place or country, whether under the dominion of Her Majesty or not; and it shall be sufficient in any indictment to name one person only of intended to be such company, society or number of persons and to alledge the offence to have been defrauded shall committed with intent to defraud the person so named and another or others, as the an indictment. case may be. What allega be sufficient in Repealing clause. 7th sect. of 4 & 5 Vict. c. 28. 3rd sect. 4 & 5 Vict. c. 33. Part of 13th sect. 4 & 5 Vict. c. 93. XXI. And be it enacted, That in all prosecutions by indictment or information against any person or persons for any offence punishable under this Act, no person or persons shall be deemed to be an incompetent witness or incompetent witnesses, in support of any such prosecution by reason of any interest which such person or persons may have or be supposed to have in respect of any deed, writing, instrument or other matter given in evidence on the trial of any such indictment or information: Provided always, that the evidence of any person or persons so interested or supposed to be interested shall in no case be deemed sufficient to sustain a conviction for any of the said offences unless the same be corroborated by other legal evidence in support of such prosecution. XXII. And be it enacted, That the seventh section of the Act of the Legislature of this Province, passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to appropriate certain sums of money for Public Improvements in this Province, and for other purposes therein mentioned,-and the third section of the Act of the said Legislature, passed in the said Session, and intituled, An Act to facilitate the negociation of a loan in England, and for other purposes therein mentioned, and the thirteenth section of the Act of the said Legislature, passed in the same Session, and intituled, An Act to regulate the currency of this Province, except in so far as the said section applies to any offence relative to any coin current in this Province,—and the twenty-first, twenty-second and twenty-third sections of the Act of the said Legislature, passed in the same Session, and intituled, An Act to extend the Charter of the Quebec Bank,—and the forty-third, forty-fourth and forty-fifth sections of the Act of the said Legislature, passed in the same Session, and intituled, An Act to incorporate sundry persons under the style and title of the President, Directors and Company of the Bank of the Niagara District,—and the thirty-second, thirty-third and thirty-fourth sections of the Act of the said Legislature, passed in the same Session, and intituled, An Act to extend the Charter of the City Bank, and to increase the Capital Stock thereof, and the thirty-fifth, thirty-sixth and thirty-seventh sections of the Act of the said Legislature, passed in the same Session, and intituled, An Act to renew 35th, 36th and the Charter of the Bank of Montreal, and to increase its Capital Stock, and the fourth 21st, 22d and 23rd sects. 4 & 5 Vict. c. 91. 43d, 44th and 45th sects. 4 & 5 Vict. c. 96. 32d 33d and 34th sects. 4 & 5 Vict. c. 97. 37th sects. 4 & 5 Vict, c. 98. section 4th sect. 6. Vict. c. 26. 35th sects. 7 Part of 17th sect. 9 Vict. c. 34. Vict. c.3. 3d sect. 9 Vict. c. 61. Vict. c. 62. section of the Act of the said Legislature, passed in the sixth year of Her Majesty's Reign, and intituled, An Act to authorize the raising by way of loan, in England, the sum of one million five hundred thousand pounds sterling, for the construction and Vict. c. 8. completion of certain Public Works in Canada,—and the thirty-third, thirty-fourth and thirty-fifth sections of the Act of the said Legislature, passed in the said year, and intituled, An Act to extend the Charter of the Commercial Bank of the Midland District, 33d., 34th and and to increase its Capital Stock,-and the thirty-second, thirty-third and thirty-fourth 35th sects. 6 sections of the Act of the said Legislature, passed in the same year, and intituled, An Act to extend the Charter of the Bank of Upper Canada, and to increase the Capital 324, 33d. and Stock thereof, and the thirty-third, thirty-fourth and thirty-fifth sections of the Act of 34th sects. 6 the said Legislature, passed in the seventh year of Her Majesty's Reign, and intituled, An Act to incorporate certain persons carrying on the business of Banking in the City 33d, 34th and of Montreal, under the name of La Banque du Peuple,—and so much of the seventeenth Vict. c. 66. section of the Act of the said Legislature, passed in the ninth year of Her Majesty's Reign, and intituled, An Act to Consolidate and Amend the Registry Laws of that part of this Province which was formerly Upper Canada, as relates to the forging or counterfeiting of any certificate, affidavit or memorial therein mentioned,—and the Act of the said Legislature, passed in the said year, and intituled, An Act to amend the Law in 9 Cases of Forgery, and the third section of the Act of the said Legislature, passed in the said year, and intituled, An Act to authorize the Issue of Debentures for the erection of a Lunatic Asylum at Toronto,—and the twenty-eighth section of the Act of the said Legis- 28th sect. 9 lature, passed in the said year, and intituled, An Act for enabling Her Majesty to direct the Issue of Debentures to a limited amount, and for giving relief to the City of Quebec, -and the fourth section of the Act of the said Legislature, passed in the said year, and 4th sect. 9 intituled, An Act to provide for the payment of certain Rebellion Losses in Lower Vict. c. 65. Canada, and to appropriate the proceeds of the Marriage License Fund, and the third 3d sect. 9 section of the Act of the said Legislature, passed in the said year, and intituled, An Vict. c. 66. Act for raising on the credit of the Consolidated Revenue Fund, a sum of money required for certain Public Works, and the tenth section of the Act of the said Legis- 10th sect. 9 lature, passed in the said year, and intituled, An Act for Lighting the City of Quebec Vict. c. 74. with Gas,-and the Act of the Legislature of the late Province of Upper Canada, passed in the fiftieth year of the Reign of King George the Third, and intituled, An Act U. C. 50 Geo. for preventing the Forging and Counterfeiting of Foreign Bills of Exchange, and of 3, c. 4. Foreign Notes and Orders for the payment of money, and so much of the twentyfifth and twenty-sixth sections of the Act of the said Legislature, passed in the third year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to reduce the number of cases in which Capital Punishment may be inflicted to provide other punishments for offences which shall no longer be Capital after the passing of this Act: to extend the privilege and benefit of Clergy, and to make other alterations in certain criminal proceedings before and after conviction, as relates to the offence of forgery or to any offence concerning which provision is made by this Act,-and the eighth section of the Act of the said Legislature, passed in the seventh year of the said Reign, and intituled, An Act to supply by a General Law certain forms of enactment in 8th sect. U. C. common use, which may render it unnecessary to repeat the same in Acts to be hereafter 7 Will. 4, c. passed, and the tenth section of the Act of the Legislature of the late Province of Lower Canada, passed in the thirty-fifth year of the Reign of King George the Third, and intituled, An Act for granting to His Majesty duties on Licenses to Hawkers, 10th sect. L. Pedlars and Petty Chapmen, and for regulating their trade, and for granting ad- C.35 Geo. 3, ditional duties on Licenses to persons for keeping houses of public entertainment, or for retailing Part of 25th and 26th sects. U. C. 3 Will. 4,c.3. 14. c. 8. 36 Geo. 3, c. 3. 3, c. 10. 19th sect. L. C. 3 and 4 Vict. c. 31. 31th sect. L. C. 4 Vict. c. 16. 30th sect. L. C. 4 Vict. c. 17. And part of 51st sect. L. C. 4 Vict. c. 30. retailing wine, brandy, rum or other spirituous liquors in this Province, and for regulating the same, and for repealing the Act or Ordinance therein mentioned,—and the sixth section of the Act of the said Legislature, passed in the thirty-sixth year of the 6th sect. L C. same Reign, and intituled, An Act for the safe custody and registering of all Letters Patent, whereby any grant of the waste or other lands of the Crown, lying within this Province, shall hereafter be made,-and the Act of the said Legislature, passed in the LC. 51 Geo. fifty-first year of the said Reign, and intituled, An Act for preventing the Forging and Counterfeiting of foreign Bilis of Exchange, and of foreign Promissory Notes and orders for the payment of money,-and the nineteenth section of the Ordinance of the said Legislature, passed in the Session held in the third and fourth years of Her Majesty's Reign, and intituled, An Ordinance to provide for the improvement of the Roads in the neighbourhood of and leading to the City of Montreal, and to raise a fund for that purpose, and the thirty-fourth section of the Ordinance of the said Legislature, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance for establishing and maintaining better means of communication between the City of Montreal and Chambly, and the thirtieth section of the Ordinance of the said Legislature, passed in the same year, and intituled, An Ordinance to provide for the improvement of certain roads in the neighbourhood of and leading to the City of Quebec, and to raise a fund for that purpose,- and so much of the fifty-first section of the Ordinance of the said Legislature, passed in the said year, and intituled, An Ordinance to prescribe and regulate the registering of Titles to Lands, Tenements and Hereditaments, Real or Immoveable Estates, and of Charges and incumbrances on the same, and for the alteration and improvement of the Law in certain particulars in relation to the alienation and hypothecation of real estates and the rights and interest acquired therein, as relates to the forging or counterfeiting of any memorial, certificate or enTo continue in dorsement therein mentioned, and all other Acts or parts of Acts or Laws now in force, at variance with the provisions of this Act, or respecting matters for which this Act provides, shall continue in force until and throughout the thirty-first day of December in the present year, one thousand eight hundred and forty-seven, and shall from and after that day be repealed, except so far as any of the said Acts may repeal the whole or any part of any other Acts, and except as to offences committed before or upon the said thirty-first day of December, which shall be dealt with and punished as if this Act had not been passed: Provided always, that if any person who shall punishment of before or upon the said thirty-first day of December, have committed any offence against any of the several Acts hereby declared to be no longer in force or repealed as aforesaid, shall after the commencement of this Act be convicted of the same, and such offence shall have been made heretofore punishable with death, in every such case the person convicted of such offence shall not suffer the punishment of death, but shall in lieu thereof be liable at the discretion of the Court, to be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than three nor more than ten years, or to be imprisoned in any Common Gaol for any term not exceeding two years. force until 31st December 1847, and thereafter to be repealed. Exception. Proviso: as to persens con v cted after offences rep aled where repealed Act the punishment is death. Commencement of this Act. XXIII. And be it enacted, That this Act shall commence and take effect on the first day of January, one thousand eight hundred and forty-eight. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DEsbarats, Law Printer to the Queen's Most Excellent Majesty. here An Act for the better protection of Merchants and others who WE [ 28th July, 1847. ] HEREAS it is expedient to afford better protection to Merchants and others Preamble. who may hereafter enter into Contracts or Agreements in relation to goods, wares and merchandize entrusted to Factors and Agents; and whereas advances on the security of goods and merchandize have become an usual and ordinary course of business, and it is advisable and necessary that reasonable and safe facilities should be afforded thereto : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of the same, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for any person to contract with any agent who shall thereafter be entrusted with the possession of any goods or merchandize or to whom the same may be consigned, for the purchase of any such goods or merchandize, and to receive the same of the possession and for the same to such agent, and such contract and payment shall be binding valid, although pay upon and good against the owner of such goods and merchandize notwithstanding such the purchaser person shall have notice that the person making and entering into such contract or on the seller to be whose behalf such contract is made or entered into is only an Agent. Contracts for goods made with agents the sale of entrusted with thereof to be may know only an agent. owner of goods purpose men section one, II. And be it enacted, That any such agent who shall be entrusted with the posses- Agents to be sion of goods and merchandize or of the documents of title to goods and merchandize deemed the shall be deemed and taken to be owner of such goods and merchandize and documents entrusted to for the purposes of such sale or contract of sale as in the first clause mentioned, and them, for the also so as to entitle the consignee of such goods and merchandize to a lien thereon in tioned in the respect of any money or negotiable security advanced or given by such consignee to and so as to and for the use of such agent, or in respect of any money or negotiable security entitle a conreceived by him to the use of such consignee in the like manner to all intents and pur- to a lien for poses, as if such person was the true owner of such goods and merchandize, and so far m advanced to as to give validity to any contract or agreement by way of pledge (gage) lien or secu- the agent: and rity bonâ fide made by any person with such agent so entrusted as aforesaid, as well for make valid any signee hereof also so as to |