Holden's case. In an indictment for dis posing of, and putting away, forged bank notes, knowing, &c. it is not necessary to aver to whom the notes were so disposed. And this of fence may be completed, though it appear that the notes were furnished by the prisoners to agents em ployed by the Bank to procure them from the pri soners, and that the notes to such agents were delivered as forged notes, for the purpose of bcing disposed of by them. amounted to a disposing of, or putting away, within the meaning of the 15 Geo. 2. c. 13. s. 11., there had been a considerable difference of opinion amongst the Judges. That some of them had holden, that this was not an offence within the statute; because till the woman had uttered the note it ought to be considered as in the possession of the man; and when she did utter it, the man was only an accessory before the fact, and should have been so indicted. But that the majority of the Judges were of opinion that the conviction was right. And as to the constructive possession, he observed, that it is by fiction of law only that when the actual possession is in one person the constructive possession shall be considered in another; and that these fictions are adopted for the sake of promoting justice, but ought not to be adopted when they tend to defeat that purpose. (1) In a more recent case upon the statute 45 Geo. 3. c. 89. s. 2.(n) an objection was taken to the indictment, that it did not point out the name of the person to whom the forged note was disposed: but, upon argument in the Exchequer Chamber before the twelve Judges, Lord Ellenborough, C. J., observed, that the indictment contained every word which the statute uses for constituting the offence; and that the statute did not contain the words, "to any person or persons;" but to put off with intent to defraud the governor and company of the Bank of England; and the Judges held the indictment to be sufficient. (o) 66 Another point arose in the same case, upon the evidence; from which it appeared that the notes, which the prisoners were charged with having disposed of and put away, were furnished by the prisoners in consequence of an application made to them by agents employed for that purpose by the Bank, and that they were delivered to such agents as forged notes, for the purpose of being disposed of by them. The facts were, that in consequence of a great number of forged notes having been circulated in the neighbourhood, two persons, named Shaw and Whitehead, were employed by the magistrates, with the approbation of the agents for the Bank, to detect those who were suspected to be the utterers. The prisoners did not pay the notes to Shaw and Whitehead as genuine; but those persons, for the purpose of detection, applied to the prisoners, as supposed dealers in forged bank notes, to purchase them; and the prisoners accordingly procured them, and sold them as forged notes; so that Shaw and Whitehead were not deceived or defrauded in any of the instances, nor were any of the prisoners the first movers in the transaction they had with them; nor did it appear, by any direct evidence, that either of the prisoners, when he was first applied to, had any of the notes in his actual possession; but they respectively produced them at meetings which took place subsequent to such first application. Upon this evidence, it was objected on behalf of the prisoners, that there was no sufficient disposing of the notes, inasmuch as the prisoners were solicited to commit the act proved against them by the Bank themselves, by means of their agents. The objection was overruled by the learned Judge who tried the prisoners; but he thought proper to respite their sentence, in order that the point might be considered by the twelve Judges; who held the conviction right. (p) Evidence of guilty knowledge where the party is charged with uttering, &c. We have seen that the offering, disposing of, receiving, or having possession of forged bank notes, &c. knowing the same to be forged, are made substantive offences by the statutable enactments, which have been cited; (q) and the knowledge of the forgery, or, as it is commonly termed, the guilty knowledge, will of course, in prosecutions for such offences, form a most material forged notes, &c. knowing part of the enquiry. The principal cases upon this subject are the same to be mentioned in a former chapter, treating generally of the crime of forged. forgery.(r) Practice. In a case where the Bank of England had preferred a bill of Bank prosecuindictment for the capital offence of disposing of and putting away tions. forged Bank of England notes; and also another bill against the Election to same prisoners for the transportable offence of having the same proceed for notes in their possession, knowing them to be forged, and had minor offence. elected to proceed on the latter indictment, it was holden, that although facts sufficient to support the capital charge were made out in evidence, an acquittal for such minor offence ought not to be directed, because the whole of the minor offence was proved, and it did not merge in the capital offence. And that the Bank might elect to proceed on indictments for the lesser offence, although indictments have been found for the capital charge. (s) It was also holden in the same case, that it is not necessary that Signing clerk the signing clerk at the Bank should be produced, if witnesses not a necesacquainted with his handwriting state that the signature to the sary witness. note is not his handwriting. (t) (P) Rex v. Holden and Others, ante, note (0). (q) Ante, 396, et sequ. (r) Ante, Chap. xxxii. p. 383. (s) Case of Bank Prosecutions, Russ. & Ry. 378. (t) Id. Ibid. CHAPTER THE THIRTY-SIXTH. OF FORGING THE SECURITIES OF OTHER PUBLIC COMPANIES. Forging the seal, bond, &c. of the South Sea Company; or demanding payment on a forged bond, &c. 9 Anne, c. 21. s. 57. Forging receipts or warrants of the South Sea Company. 6 G. 1. c. 11. s. 50. 66 THE statute 9 Anne, c. 21. s. 57. relates to forgeries upon the South Sea Company, and enacts, "That if any person or persons "shall forge or counterfeit the common seal of the said company, or shall forge, counterfeit, or alter any bond or obligation under "the common seal of the said company; or shall offer to dispose "of or pay away any such forged, counterfeited, or altered bond, "(knowing the same to be such,) or shall demand the money "therein contained or pretended to be due thereon, or any part "thereof, of the said company, or any of their officers, (knowing "such bond or obligation to be forged, counterfeited, or altered,) "with intent to defraud the said company or their successors, or "any other person or persons whatsoever," every such offender shall be guilty of felony, without benefit of clergy. And the 6 Geo. 1. c. 4. s. 56. contains similar provisions. 66 66 The statute 6 Geo. 1. c. 11. s. 50. recites that the South Sea Company might issue out receipts under the hand or hands of one or more of their officers, from time to time, upon or for subscriptions to be taken by the said company for increasing their capital, pursuant to the 6 Geo. 1. c. 4., and might also issue out warrants under the hand or hands of one or more of their officers, for the dividend from time to time to be made to the proprietors of the stock of the said company; and then enacts, "That if any person or persons shall forge, counterfeit, or alter any such receipt or receipts, warrant or warrants, or any indorsement or "writing, indorsements or writings thereupon or therein, or shall "tender any such forged, counterfeited, or altered receipt or "receipts, warrant or warrants, or any such receipt or receipts, "warrant or warrants, with such counterfeit indorsement or writing thereon or therein, knowing the same to be so forged, coun"terfeited, or altered, to the said company, or any of their offi"cers, or shall offer to alienate or dispose of the same, knowing "the same to be forged, counterfeited, or altered, and with intent "to defraud the said company, or any other person or persons, "bodies politic or corporate," every such person so offending shall be adjudged a felon, without benefit of clergy. 1. c. 32. s. 9. The statute 12 Geo. 1. c. 32. s. 9. relates to the East India as Forging, &c. well as the South Sea company; and enacts, "That if any per- the East India the bond of son or persons shall forge or counterfeit or procure to be forged Company, or "or counterfeited or willingly act or assist in the forging or coun- South Sea Com"terfeiting any bond or obligation under the common seal of the pany, 12 Geo. "united company of merchants of England trading to the East "Indies, or any indorsement or assignment thereon, or on any "bond or obligation under the common seal of the governor and "company of merchants of Great Britain, trading to the South "Seas and other parts of America, and for encouraging the fishery; or shall utter or publish any such, knowing the same "to be forged or counterfeited, with intention to defraud any per"son (a) whatsoever;" every such person so offending shall be guilty of felony, without benefit of clergy. Especial provisions have also been made respecting forgeries Forgeries upaffecting some of the Insurance companies; (b) the English Linen on Insurance Companies, Company, (c) the British Society for extending the Fisheries, &c. &c.(d) and the Governor and Company of the British cast Plate Glass Manufactory. (e) And the statute-books probably contain provisions of a similar kind relating to other public companies, not requiring particular notice in this Work; and which indeed may be considered as having been rendered of less importance by the general statutes applying to forgeries committed with the intention of defrauding any corporation whatsoever.(ƒ) (a) It is observed in 2 East. P. C. c. 19. s. 14. p. 886, note (a), that the word person does not seem an appropriate term, as applied to the subject matter; namely, a corporation: but that this seems included in the general acts of the 2 Geo, 2. c. 25. and 31 Geo. 2. c. 22. s. 78. But see ante, 369. (b) By 6 Geo. 1. c. 18. s. 13. as to forging the securities of the London and Royal Exchange Assurance Com panies; and by 39 Geo. 3. c. 83. s. 22. (c) 4 Geo. 3. c. 37. s. 15. (d) 26 Geo. 3. c. 106. s. 26. (e) 13 Geo. 3. c. 38. s. 28. revived by 38 Geo. 3. c. 17. s. 23. (public, local, and personal act.) (f) Post. Chap. Of the Forgery of Private Papers, &c. CHAPTER THE THIRTY-SEVENTH. OF FORGING AND TRANSPOSING STAMPS. The forging, in general THE various statutes by which stamps, marks, &c. have been required to be affixed to written instruments, plate, or other articles, in order to denote the payment of the duties imposed thereon by the legislature, have made the forging or counterfeiting such stamps, marks, &c. offences of a very high degree; and, in general, punishable with death. And in some of the statutes are included the offences of transposing stamps, and knowingly uttering and selling articles with the impression of a forged or counterfeited stamp, &c. upon them; and the privately or secretly using any genuine stamps, &c. for the purpose of defrauding the crown. The recent statute, 52 Geo. 3. c. 143. embraces offences of this description; having first enacted, in the following words, "That, in all cases where any act to be done or com"mitted in breach of or in resistance to any part of the laws for collecting his Majesty's revenue in Great Britain, would by the nue laws, shall laws now in force subject the offender to suffer death, as guilty "of felony, without benefit of clergy, by virtue of the said laws, " or any of them, such act, so to be done or committed, shall be deemed and taken to be felony with benefit of clergy, and pu"nishable only as such, unless the same shall also be declared to "be felony without benefit of clergy by this act." 52 Geo. 3. c. 143. s. 1. enacts, that offences in breach of, or in resistance to, the reve be felonies with benefit of clergy, unless declared to be felony without benefit of clergy by this act. 52 Geo. 3. c. 143. s. 7. Forging, &c. marks, stamps, &c. used by the commissioners દ This statute then enacts, "That if any person shall forge, or "counterfeit, or cause or procure to be forged or counterfeited, any mark, stamp, die, or plate, which in pursuance of any act "or acts of parliament shall have been provided, made or used by "or under the direction of the commissioners appointed to ma"nage the duties on stamped vellum, parchment and paper, or by or under the direction of any other person or persons legally on vellum, pa- "authorised in that behalf, for expressing or denoting any duty "or duties, or any part thereof, which shall be under the care " and management of the said commissioners, or for denoting or "testifying the payment of any such duty or duties, or any part "thereof, or for denoting any device appointed by the said comin any playing "missioners for the Ace of Spades, to be used with any playing of the duties per, &c. for denoting the duties, or for denoting any device for the Ace of Spades, |