CHAPTER THE THIRTY-FIFTH. OF FORGING THE SECURITIES OF THE BANK OF ENGLAND. 8 & 9 W. 3. &c. of the Bank of Eng land declared to be felony without clergy Forging and uttering bank notes, &c. 45 Geo. 3. c. SOON after the establishment of the Bank of England, it was thought necessary to make especial provision against the offence of forging its securities. By the 8 & 9 W. 3. c. 20. s. 36. the forging or counterfeiting the common seal of the corporation of the governor and company of the Bank of England, or of any sealed bank bill, made or given out in the name of the said governor and company for the payment of any sum of money, or of any bank note of any sort whatsoever, signed for the said governor and company, or the altering or rasing any indorsement on any bank bill or note of any sort, was declared felony without benefit of clergy. By more modern statutes the forging of notes, dividend warrants, &c. of the Bank of England, and the disposing of such instruments, and the demanding any of the money, pretended to be due thereon, knowing them to be forged, have been made capital offences. The 15 Geo. 2. c. 13. s. 11. was for some time the existing law relating to these offences; but similar provisions to those which that statute contained are enacted in the more recent act of the 45 Geo. 3. c. 89. 66 The second section of the 45 Geo. 3. c. 89. enacts, "that if any person or persons shall forge, counterfeit, or alter any bank note, bank bill of exchange, dividend warrant, or any bond or obligation under the common seal of the governor and com(6 pany of the Bank of England, or any indorsement thereon, or "shall offer or dispose of or put away any such forged, counter"feit, or altered note, bill, dividend warrant, bond, or obligation, or the indorsement thereon, or demand the money therein con"tained or pretended to be due thereon, or any part thereof, of "the said company, or any their officers or servants, knowing "such note, bill, dividend warrant, bond, or obligation, or the in"dorsement thereon, to be forged, counterfeited, or altered, with "intent to defraud the said governor and company, or their successors, or any other person or persons, body or bodies politic or corporate whatsoever, every person or persons so offending, "and being thereof convicted in due form of law, shall be deemed "guilty of felony, and shall suffer death as a felon without benefit "of clergy." 66 The same statute of 45 Geo. 3. c. 89. also makes the knowingly purchasing or receiving forged bank notes, &c. or blank bank notes, &c. or having them in possession, knowing them to be forged, an offence of the degree of felony punishable by transportation for fourteen years. 66 66 c. 89. s. 6. Persons pur bank bank notes, The sixth section enacts, "That if any person or persons shall 45 Geo. 3. purchase or receive from any other person or persons any forged "or counterfeited bank note, bank bill of exchange, bank post bill, chasing or re"or blank bank note, blank bank bill of exchange, or blank bank ceiving forged post bill, knowing the same to be forged or counterfeited, or "shall knowingly or wittingly have in his, her, or their posses- them in pos"sion or custody, or in his, her, or their dwelling-house, out- session, know"house, lodgings, or apartments, any forged or counterfeited ing them to be "bank note, bank bill of exchange, or bank post bill, or blank adjudged fe"bank note, blank bank bill of exchange, or blank bank post bill, lons, and "knowing the same to be forged or counterfeited, (without lawful for fourteen excuse, the proof whereof shall lie upon the person accused,) "every person or persons so offending, and being thereof con"victed according to law, shall be adjudged a felon, and shall be "transported for the term of fourteen years." (a) 66 In a case upon this section, in which the circumstances necessary to constitute "the having in possession" of forged notes came under the consideration of the Judges, they seemed to be of opinion, that every uttering included having in custody and possession within the statute: and some of them thought, that without actual possession, if the notes had been put in any place under the prisoner's controul, and by his direction, the result would have been the same. (b) The legislature have at different times endeavoured to prevent the forgery of the notes and bills of the Bank of England, by enacting that the making or having possession of instruments and materials fit for effecting such forgery shall be offences liable to very severe punishment. 66 forged, to be transported years. having in pos The 13 Geo. 3. c. 79. s. 1. enacts, that "if any person or per- 13 Geo. 3. sons, (other than the officers, workmen, servants, or agents, for c. 79. s. 1. "the time being, of the said governor and company, to be auPersons (not being officers, "thorised and appointed for that purpose by the said governor &c. of the "and company, and for the use of the said governor and company Bank,) making or using, only,) shall make or use, or cause or procure to be made or or knowingly "used, or knowingly aid or assist in the making or using; or "(without being authorised and appointed as aforesaid), shall session, any knowingly have in his, her, or their custody or possession, (with- making paper, "out lawful excuse, the proof whereof shall lie upon the person or any paper accused,) any frame, mould, or instrument for the making of of a certain paper, with the words Bank of England, visible in the sub- description, to be guilty of "stance of such paper; or shall make, or cause or procure to be felony, and made, or knowingly aid or assist in the making any paper, in suffer death "the substance of which the said words, Bank of England, shall 66 66 (a) A similar provision was contained in the 41 Geo. 3. c. 39. s. 5. but it may be considered as superseded with many other provisions which related to the prevention of the forgery of Bank of England notes, &c. by the frame, &c. for withoutclergy. 13 Geo. 3. c. 79. s. 2. Persons, (not being author ised) who shall engrave in mezzotinto upon any plate any note, &c. words Bank Bank post-bill, 66 "be visible; or if any person, (except as before excepted) shall, by any art, mystery, or contrivance, cause or procure the said "words, Bank of England, to appear visible in the substance of any paper whatsoever, or knowingly aid or assist in causing the "said words, Bank of England, to appear in the substance of any paper whatsoever; every person so offending in any of the cases aforesaid, and being thereof lawfully convicted, shall, "for such offence, be deemed and adjudged a felon, and shall “ suffer death as in cases of felony, without benefit of clergy." 66 66 The second section of the same statute recites, that unwary and other persons had taken in payment, and otherwise had received notes, inland bills, and bills of exchange, with certain words and characters so nearly resembling the notes and bills of the said Governor and Company, as to appear to such persons to be the notes or bills of the Bank of England, which, if continued to be done, would be to the great prejudice of public credit; and then enacts, that "If any person or persons, without being authorised " and appointed as aforesaid, shall engrave, cut, etch, or scrape in "mezzotinto, or shall cause or procure to be engraved, cut, etched or scraped in mezzotinto, or shall knowingly aid or assist in the engraving, cutting, etching, or scraping in mezzotinto, in or upon any plate of copper, brass, steel, pewter, or of any other "metal or mixture of metals, or upon wood, or any other material, or any plate whatsoever, any promissory note, inland bill or bill "of exchange, or blank promissory note, inland bill or bill of ex"change, or part of a promissory note, inland bill or bill of ex"change, containing the words, Bank of England, or Bank Postbill, or any word or words expressing the sum or amount, or any part of the sum or amount of such promissory note, inland "bill or bill of exchange, in white letters or figures on a black are to be com- "ground; or shall use any such plate so engraved, cut, etched or scraped in mezzotinto, or shall use any other instrument for the making or printing any such promissory note, inland bill or bill "of exchange or blank promissory note, inland bill or bill of ex"change, or part of a promissory note, inland bill or bill of exchange; if any person, without being authorised and appointed "as aforesaid shall knowingly have in his her or their custody, any such plate or instrument, or shall knowingly and wilfully "utter or publish any such promissory note, inland bill or bill of "exchange, blank promissory note, inland bill or bill of exchange; mitted to gaol for 6 months. 66 every such person so offending in any of the cases aforesaid, and "being convicted thereof according to law, shall be committed to "the common geol of the county or place where the offence shall "be committed, for any space not exceeding six months." In a case upon this enactment, it was holden that shewing to a person an instrument with an intent to raise a false idea of the party's substance, did not come within its provisions: and also that the leaving it afterwards, sealed up, with the person to whom it was shewn, under cover, that he might take charge of it, as being too valuable to be carried about, was not an uttering or publishing. (c) (c) Rex v. Shukard, Russ. & Ry. 200. By the third section it is provided, "That nothing herein con"tained shall extend, or be construed to extend to such person or persons who being at any time hereafter possessed of any such "note or bill, shall only utter the same by carrying the same for payment to the issuer or issuers, drawer or drawers, acceptor "or acceptors, indorser or indorsers thereof respectively, or "using proper means to compel the payment of any such note "or bill." The 45 Geo. 3. c. 89. s. 3. enacts, "That if any person or per66 sons, (other than the officers, workmen, servants, or agents, for "the time being of the Governor and Company of the Bank of "England, to be authorised and appointed for that purpose by "the said Governor and Company and for the use of the said "Governor and Company only,) shall make or use, or cause procure to be made or used, or knowingly aid or assist in the 66 66 66 66 or sion, any ing in posses- tain descrip sion, &c. cer sum or amount of any bank note, &c. to substance of to be trans 66 making or using, or (without being authorised or appointed as using, or hav"aforesaid,) shall knowingly have in his, her or their custody or possession (without lawful excuse, the proof whereof shall lie upon the party accused) any frame, mould or instrument 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 "Roman letters visible in the substance of such paper; or shall "manufacture, make, use, vend, expose to sale, publish or dispose "of, or cause or procure to be manufactured, made, used, vended, "exposed to sale, published or disposed of, or aid or assist in the "manufacturing, making, using, vending, exposing to sale, publishing, or disposing of, or (without being authorised or ap"pointed as aforesaid) shall knowingly have in his, her, or their "custody or possession, any paper whatsoever, with curved or "waving bar-lines, or with the laying wire-lines thereof in a way "ing or curved shape, or having any number, sum or amount expressed in a word or words in Roman letters appearing visible "in the substance of such paper; or if any person or persons (ex"cept as before excepted) shall, by any art, mystery, or contrivance, cause or procure the numerical sum or amount of any bank "note, bank bill of exchange, or bank post-bill, blank bank note, "blank bank bill of exchange or blank bank post-bill, in a word "or words to appear visible in the substance of the paper whereon "the same shall be written or printed, or shall knowingly aid or "assist in causing the numerical sum or amount of any bank "note, bank bill of exchange, or bank post-bill, blank bank note, "blank bank bill of exchange, or blank bank post-bill, in a word or words in Roman letters, to appear visible in the substance of "the paper whereon the same shall be written or printed, every person or persons so offending in any of the cases aforesaid, and being convicted thereof according to law, shall be adjudged a "felon, and shall be transported for the term of fourteen years.' 45 Geo. 3. c. The fourth section of this act provides that nothing therein con- 89. s. 4. Protained shall extend "to restrain or prevent any person or persons viso that the "from issuing or negociating any bill or bills of exchange, pro- act is not to "missory note or promissory notes, having the sum or amount sons from is"thereof expressed in guineas, or in a numerical figure or figures, suing, &c. any 66 66 66 prevent per bills of ex missory notes, having the sum in guineas or in a numerical figure in pounds visible in the substance of the paper. 66 "denominating the sum or amount thereof, in pounds sterling, change or pro-❝ appearing visible on the substance of the paper upon which the same shall be written or printed." And the fifth section provides also that the act shall not restrain or prevent any person or persons "from making, using, vending, exposing to sale, publishing or disposing of any paper having waving or curved lines, or any other devices in the nature of water-marks visible in the "substance of the paper, not being bar-lines or laying wire lines, provided the same are not contrived in such manner as to form "the ground work or texture of the paper, or to imitate or re"semble the waving or curved laying wire lines or bar-lines of "the said paper of the Governor and Company of the Bank of England, or to imitate or resemble the water-marks used by the "Governor and Company of the Bank of England in the bank "notes, bank bills of exchange, and bank post-bills, issued by the " said Governor and Company.' S. 5. provides that the act shall not prevent any persons from making, publishing, &c. any paper haying waving lines, &c. not being bar lines, or laying wire lines so that it do not resemble the paper of the Bank of England. 45 Geo. 3. c. sons making, &c. upon any plate, &c. any porting to be the notes, &c. using any such 66 66 The seventh section of this act relates to persons engraving plates, &c. and enacts "that if any person or persons shall engrave, cut, etch, scrape, or by any other means or device make, "or shall cause or procure to be engraved, cut, etched, scraped, "or by any other means or device made, or shall knowingly aid or assist in the engraving, cutting, etching, scraping, or by any 89. s. 7. Per-other means or device, making, in or upon any plate of copper, "brass, steel, pewter, or of any other metal or mixture of metals, or upon any wood or any other materials, or any plate whatsonotes, &c. pur- "ever, any bank note, bank bill of exchange, bank post-bill, or "blank bank note, blank bank bill of exchange, or blank bank "post-bill, or part of a bank note, bank bill of exchange, or bank post-bill, purporting to be the note, or bill of exchange, or bank post-bill, or blank bank note, or blank bank bill of exchange, or blank bank post-bill, or part of the note or bill of exchange, or "bank post-bill of the Governor and Company of the Bank of England, without an authority in writing for that purpose from "the said Governor and Company of the Bank of England; or "shall use any such plate so engraved, cut, etched, scraped, or by 66 any other means or device made, or shall use any other instrunotes, parts of❝ment or device for the making or printing any such bank note, "bank bill of exchange, or bank post-bill, or blank bank note, or "blank bank bill of exchange, or blank bank post-bill, or part of a bank note, or bank bill of exchange, or bank post-bill without "such authority in writing as aforesaid; or if any person or persons shall, without such authority as aforesaid, knowingly have "in his, her, or their custody, any such plate, instrument, or de"vice, or shall, without such authority as aforesaid, knowingly, "and wilfully utter, publish, dispose of, or put away any such "blank bank note, blank bank bill of exchange, or blank bank post-bill, or part of such bank note, bank bill of exchange, or "bank post bill, every person so offending in any of the cases "aforesaid, and being convicted thereof according to law, shall be "adjudged a felon, and shall be transported for the term of four"teen years." custody any such plate, &c. or uttering blank bank bank notes, &c. are to be adjudged felons, and transported for fourteen years. 52 Geo. 3. c. 138. s. 5. If any person The 52 Geo. c. 138. s. 5. was passed for the further prevention of frauds practised by the imitation of the notes and bills of the |