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367.

199.

publish the same to be true, notwithstanding the words of the statute be, “ If any one shall publish, &c. such false and forged “ deed, &c. knowing the same to be false or forged.”

Sect. 24. EIGHTHLY, That the double-damages to be awarded 3 Inst. 172. to the party grieved by a forged release of an obligation, &c. shall be governed by the penalty, and not by the true debt appearing m the condition.

Sect. 25. Ninthly, That one who hath been convicted of publishing a forged deed, may become guilty of felony by forging another deed afterwards, as well as by publishing any such deed, notwithstanding the second offence be not of the very same nature with the first; for the words of the statute are, “ If any “ person being convicted or condemned of any of the offences

aforesaid, &c. shall after any conviction or condemnation, 3 Inst. 172. “ eftsoons commit any of the said offences.” . Sect. 46. TENTHLY, That notwithstanding it be necessary in 11 Modern, S. every prosecution upon the statute strictly to pursue the very Holt, 326. words of it (for which cause it hath been resolved, than an in

in 3 Keb, 356. dictment setting forth the forgery of a writing indented, without 3 Inst. 169. adding that it was sealed, is insufficient), yet there is no necessity See 1 Keb. 849. that the translation of such words be made in proper classical

Other cases of Latin, so that it be intelligible; and upon this ground it hath this kind. been adjudged, that an indictment setting forth that the defen- 2 Keb. 245.

501. 532. dant super caput suum proprium did forge, &c. meaning thereby to express that he did it of his own head, is sufficient.

Sect. 27. ELEVENTHLY, That upon an indictment of tres- 1 Ven. 23, 24. pass, forgery, and publication of a deed, a verdict finding the se defendant guilty de transgressione et forgeria prædictis prout 221. superius in indictamento supponitur, is sufficient, because these 3 Keble, 353 words de transgressione prædict include the whole. Also perhaps such a verdict may be sufficient for another reason, because the offence is equally within the statute, and the punishment the very same, whether the party be guilty both of the forgery and publication, or of one of them only. (1)

Deeds, Will, Testament, Bond, Bill of Exchange, &c. + Sect 1. By 2 Geo. 2. c. 25. s. 1. it is enacted, " That if any to forge any “ person shall falsely make, forge, or counterfeit, or cause or deed, &c. felony “ procure to be falsely made, or forged, or counterfeited, or " « willingly act or assist in the false making, forging, or coun“ terfeiting any deed, will, testament, bond, writing obligatory, bill “ of exchange, promissory note for payment of money, indorse“ment or assignment of any bill of exchange, or promissory “ note for payment of money, or acquittance or receipt, either " for money or' goods, with intention to defraud any person “ whatsoever, or shall'utter or publish as true, any false, forged, “ or counterfeited deed, will, testament, bond, writing obligatory, “ bill of exchange, promissory note for payment of money, in“ dorsement or assignment of any bill of exchange or promissory

Salk. 342 375.

Tev. 111.

. “ note (1) See the case of Japhet Crooke, 2 Str. 902. little importance since the subsequent statutes upon Fitzgibbon, 57. 261. This statute has become of the same subjects.

benefit

of clergy

be lawfully.counterfeito person, her for

" note for payment of money, acquittance or receipt, either for « money or goods, with intention to defraud any person, know“ing the same to be false, forged, or counterfeited; then every “ such person, being thereof lawfully convicted according to the ~ due course of law, shall be deemed guilty of felony, and suf“ fer death as a felon, without benefit of clergy."

+ Sect. 2. By 31 Geo. 2. c. 22. s. 78. it is declared, that the punishment inflicted in and by the above statute extends to the commission of the like forgeries with an intention to defraud

any corporation. Persons con + Sect. 3. By 7 Geo. 2. c. 22. which was made to amend and victed of

enlarge the said statute 2 Geo. 2. c. 25. it is further enacted, forging or altering the ac- " That if any person shall falsely make, alter, forge, or counterceptance of “ feit, or cause or procure to be falsely made, altered, forged, or bills of ex « counterfeited, or willingly act or assist in the false making, change, &c. shall suffer

" altering, forging, or counterfeiting, any acceptance of any bill death as felons “ of exchange, or the number or principal sum of any account

“ able receipt for any note, bill, or other security for payment of “ money, or any warrant or order for payment of money, or delidi very of goods, with intention to defraud any person whatso“ ever, or shall utter or publish as true, any false, altered, forged, “ or counterfeited acceptance of any bill of exchange, or ac“ countable receipt for any note, bill, or other security for pay“ ment of money, or warrant or order for payment of money, or “ delivery of goods, with intention to defraud any person, know“ ing the same to be false, altered, forged, or counterfeited; then “ every such person, being thereof lawfully convicted according “ to the due course of law, shall be deemed guilty of felony, and s shall suffer death as a felon, without benefit of clergy."

+ Sect. 4. By 18 Geo. 3. c. 18. the above statute is extended to such forgeries, when committed with an intention to defraud any corporation.

The same matters are re-enacted by subsequent statutes with Persons forging enlargements; for by the stat. 45 Geo. 3. C. 89. « to alter and bonds, bills,

“ extend the provisions of the laws now in force for the punishnotes, indorsea “ment of the forgery of bank notes, bills of exchange, and other ments or as “securities to every part of Great Britain,” recites the statutes signments

2 Geo. 2. 6. 25., 7 Geo. 2. c. 22., 31 Geo. 2. c. 22., (a) 15 thereon, or acquittances, Geo. 2. c. 13. and 41 Geo. 3. (U. K.) c. 39. whereby certain accountable provisions were made and enacted for the preventing and punishreceipts or war. rants for pay

d ing the forgery of bank notes, and other notes, bills, and instru

"she orgery or ment of money ments in those acts respectively mentioned; and that it is expeand with intent dient that such provisions should extend and be in force in every to defraud, &c. most of Great Britain ousted of clergy.

part of Great Britain, with such alterations and amendments (a) See Securi

thereon as are hereby made ; and then enacts (by s. 1.), “ That ties of Bank, “ if any person or persons shall, from and after the passing of &c.

" this act, falsely make, forge, counterfeit, or alter, or cause or “ procure to be falsely made, forged, counterfeited, or altered, “ or willingly act or assist in the false making, forging, counter“ feiting, or altering, any deed, will, testament, bond, writing “ obligatory, bill of exchange, promissory note for payment of " money, indorsement or assignment of any bill of exchange or

“promissory

dee

acceptar for mor other

“ promissory note for payment of money, acceptance of any bill “ of exchange, or any acquittance or receipt either for money or goods, or any accountable receipt for any note, bill, or other “ security for payment of money, or any warrant or order for “ payment of money or delivery of goods, with intention to de“ fraud any person or persons, body or bodies politic or corpo“ rate whatsoever, or shall offer, dispose of, or put away any “ false, forged, counterfeited, or altered deed, will, testament, “bond, writing obligatory, bill of exchange, promissory note for “ payment of money, indorsement or assignment of any bill of " exchange or promissory note for payment of money, accept“ ance of any bill of exchange, acquittance or receipt either for

money or goods, accountable receipt for any note, bill, or other “ security for payment of money, warrant or order for payment “ of money or delivery of goods, with intention to defraud any “ person or persons, body or bodies politic or corporate, know“ ing the same to be false, forged, counterfeited, or altered; " then every person or persons so offending, and being thereof “ lawfully convicted according to the due course of law, shall be “ deemed guilty of felony, and shall suffer death as a felon with“ out benefit of clergy.”

Besides the general acts of the 2 and 7 Geo. 2. and 42 Geo.3, already mentioned, respecting the forgery of bills of exchange and promissory notes, &c. further provision has been made with respect to securities of this nature in the case of bankers using certain printed forms of such securities, or paper of a particular description. The stat. 41 Geo. 3. c. 57. intitled “ An act for " the better prevention of the forgery of the notes and bills of “ exchange of persons carrying on the business of bankers," reciting that whereas it is expedient to prevent the crime of forgery in all parts of the United Kingdom of Great Britain and Ireland, it is enacted, “ That if any person or persons in any Making any “ part of the United Kingdom of Great Britain and Ireland, frame, mould, " (after the 10th of July, 1801), shall make, or cause or procure name of ans

&c. with the “to be made, or knowingly aid or assist in the making or using firm or banking “ of any frame; mould, or part of any frame or mould, for the company visible

in the substance “ making of paper, with the name or firm appearing visible in of the me " the substance of the paper, of any person or persons, body, without autho“ corporate, or other banking company or partnership, carrying rity, subject to

imprisonment “ on the business of bankers, without an authority in writing for for first “ that purpose from such person or persons, body corporate, or and transporta“ other banking company or partnership, or from some person tion for second. “ or persons duly authorised to give such authority; or shall “ manufacture, make, vend, expose to sale, publish, or dispose " of, or cause of procure to be manufactured, made, vended, or “ exposed to sale, published, or disposed of, any paper having “the name or firm, appearing visible in the substance of the “ paper, of any person or persons, body corporate, or other “ banking company or partnership whatsoever, carrying on the “ business of bankers; or if any person or persons, without such " authority, shall by any art, means, mystery, or contrivance; " cause or procure, or shall knowingly aid or assist in causing or " proeuring, the name or firm of any person or persons, body

“ corporate,

ce

* corporate, or other banking company or partnership, carrying
“ on the business of bankers, 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 afore-
“ said, and being convicted thereof, shall for the first offence be
“ imprisoned for any time not exceeding two years, nor less than
“ six months; and for the second offence be transported to any

“ of his majesty's colonies or plantations for seven years.” : Engraving or Sect. 2. enacts, “ That if any person or persons, in any part etching plates of “ of Great Britain and Ireland, (after the 10th of July, 1801,) private bankers « shall engrave, cut, etch, scrape, or by any other means make, without authority, the same

“ or shall cause or procure to be engraved, &c. or by any other punishment. “ means or device made, or shall knowingly aid or assist in the

“ engraving, &c. or by any other means or device making, in or
“ upon any plate whatsoever, any bill of exchange, promissory
“ note, or other note for the payment of money, or part of any
“ bill of exchange, promissory note, or other note for the pay-
• ment of money, purporting to be the bill of exchange, pro-
“ missory note, or other note for the payment of money, of any,
“ person or persons, body corporate, banking company or part-
“ nership, carrying on the business of bankers, without an au-
“ thority in writing for that purpose from such person or persons,
“ body corporate, banking company, or partnership, or some
“ person or persons duly authorised to give such authority; or
“ shall use any such plate so engraved, cut, etched, scraped, or
“ by any other means or device made, or shall use any other
“ device for the making or printing any such bill of exchange,
“ promissory note, or other note for the payment of money,
“ without such authority in writing as aforesaid ; or if any per-
“son or persons shall, (after the said 10th of July, 1801,) with-
“ out such authority as aforesaid, knowingly have in his, her, or
“ their custody any such plate or device, or shall, without such
“ authority as aforesaid, knowingly and wilfully publish, dispose
of, or put away, any such bill of exchange, promissory note, or
« other note for the payment of money, or part of such bill of
“ exchange, promissory note, or other note for the payment of
“ money; every person so offending in any of the cases afore-
“ said, and being convicted thereof, shall for the first offence be
“ imprisoned for any time not exceeding two years nor less than
“ six months, and for the second offence be transported to any
“ of his majesty's colonies or plantations for the term of seven
“ years."

Sect. 3. enacts, “ That if any person or persons in Great Bri“ tain and Ireland, (after the 10th July, 1801,) shall engrave, cut, “ or etch, or by any other means or contrivance trace with a hair “ stroke or other mode of delineation, on any plate whatso“ ever any of the subscriptions subjoined to any bill of exchange, “ promissory note, or other note for the payment of money, of “ any person or persons, body corporate, or other banking com“pany, or partnership carrying on the business of bankers, to “ be payable to bearer on demand; or shall have in his, her, or " their possession any plate with the hair strokes or other deli“ neation of any subscription traced thereon, subjoined to any

“ bill

« bill of exchange, promissory note, or other note for the pay« ment of money, purporting to be the bill of exchange and pro« missory note, or other note for the payment of money, of any

person or persons, body corporate, or other banking company

or partnership, carrying on the business of bankers, and to be “ payable to the bearer on demand, and shall not be able to u prove that such plate came into his, her, or their possession, « without his, her, or their knowledge or consent; every person “ so offending in any of the cases aforesaid, and being convicted “ thereof, shall for the first offence be imprisoned for any time “ not exceeding three years, nor less than twelve months; and “ for the second offence be transported to any of his majesty's “ colonies or plantations for the term of seven years."

It appears that the following private instruments and securities are enumerated by the above statutes of 2 Geo. 2. c. 28. 7 Geo. 2. c. 22. and 45 Geo. 3. c. 89. deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for the payment of money, acquittance or receipt for money or goods, acceptance on a bill of exchange, altering the number or sum of any accountable receipt for any note, bill, or other security for payment of money, or any warrant or order for payment of money, or delivery of goods.

We shall now note some determinations as will ascertain what sort of instruments come within the description in the abovementioned statutes.

Writing obligatory. In Dick's case, who was indicted and convicted for uttering a forged writing obligatory, commonly called a Scotch bank note, in this form :Bond accord

Sterling Five Pounds

Aberdeen, 1st May, 1767. No. 157. The banking company in Aberdeen is hereby obliged to pay to Js. Brand, or bearer, on demand, at their office here, five pounds sterling, by order of the directors,

R. Sunderland,

Cashier. J. Burnett, 3

The judges were divided in their opinions, whether it was within the meaning of st. Geo. 2. and whether it were felony to alter in England a note made in Scotland, the statute having excluded Scotland, and the note being payable there. The prisoner was pardoned.

W. Brebner, } Directors.

Receipt for Money. W. Testich was found guilty of having uttered a forged receipt for money, as follows: “ Received the contents above by me, Stephen Withers;" with intent to defraud, &c. On the trial, the account containing the particulars for which the receipt was underwritten was given in evidence. It was objected, and moved in arrest of judgment, that this evidence did not prove the reVOL. I.

ceipt

X

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