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- jesty, br country of persons
“ of any foreign prince, state, or country whatsoever, or of any “ minister or officer entrusted by or employed in the service of “ any foreign prince, state or country, or of any person or com“ pany of persons resident in any foreign state or country, or of “ any body corporate and politic, and body in the nature of a “ body corporate and politic, created or constituted by any fo“ reign prince or state, with intent to deceive or defraud his ma“ jesty, his heirs and successors, or any such foreign prince,
state, or country, or with intent to deceive or defraud any per“son or company of persons whomsoever, or any body corporate “ and politic, or body in the nature of a body corporate and “ politic whatsoever, whether the same be respectively resident, “ carrying on business, constituted, or being in any part of the “ United Kingdom, or in any foreign state or country, and whe“ ther such bill of exchange, promissory note, or order, be in the “ English language or in any foreign language or languages, or “ partly in one and partly in the other; or if any person, from " and after the passing of this act, shall, within any part of the " said United Kingdom, tender in payment or in exchange, or “ otherwise utter or publish as true, any such false, forged, or “ counterfeited bill of exchange, promissory note, undertaking, “ or order, knowing the same to be false, forged, or counter“ feited, with intent to deceive or defraud his majesty, his heirs “ and successors, or any foreign prince, state, or country, or any “ person or company of persons, or any body corporate and “ politic, or body in the nature of a body corporate and politic as " aforesaid, then every person so offending shall be deemed and «« taken to be guilty of felony, and being thereof lawfully con“ victed shall be transported for any term of years not exceeding “ fourteen years.
“No person, from and after the passing of this act, shall “ within any part of the United Kingdom of Great Britain and “ Ireland engrave, cut, etch, scrape, or by any other means or “ device make, or knowingly aid or assist in the engraving, cut“ ting, etching, scraping, or by any other means or device making, " in or upon any plate whatsoever, any bill of exchange, or any “ promissory note or undertaking, or order for the payment of “ money, purporting to be the bill of exchange, promissory notë, “ undertaking, or order of any foreign prince, state, or country, " or of any minister or officer entrusted by or employed in the “service of any foreign prince, state, or country, or of any per“ son or company of persons resident or being in any foreign “state or country, or of any body corporate and politic, or body “ in the nature of a body corporate and politic, or constituted by “ any foreign prince or state, or any part of such bill of ex“ change, promissory note, undertaking, or order, without an “ authority in writing for that purpose from such foreign prince, “ state, or country, minister or officer, person, company of per“sons, or body corporate and politic, or body in the nature of a “ body corporate and politic, or from some person duly autho“rized to give such authority; or shall, within any part of the " said United Kingdom, without such authority as aforesaid, by
“ means of any such plate, or by any other device or means, " make or print any such foreign bill of exchange, promissory “ note, undertaking, or order for the payment of money, or any “ part thereof, or knowingly, wilfully, and without lawful excuse, “ (the proof whereof to lie upon the party accused,) have in his “ or her custody any such plate or device, or any impression “ taken from the same; and if any person shall offend in any of “ the cases aforesaid, he shall be deemed and taken to be guilty “ of a misdemeanor and breach of the peace, and being thereof “ convicted according to law, shall be liable for the first offence “ to be imprisoned for any time not exceeding six months, or to “ be fined, or to be publicly or privately whipped, or to suffer “ one or more of the said punishments; and for the second “ offence to be transported to any of his majesty's colonies or “ plantations for the term of fourteen years; provided always, “ that nothing in this act contained shall extend, or be construed “ to extend, in any manner whatsoever, to repeal or alter any “ law or statute now in force for the prevention and punishment “ of the crime of forgery in any respect whatsoever, within any “part of the said United Kingdom." .
Upon this latter statute Manasseh Goldenstein was tried for forging a Prussian treasury note for one dollar. The indictment charged the instrument various ways, as a note, a bill, &c. but it did not set out the note itself in the original language with a translation, but it was averred to be a note, &c. Upon a case reserved, the judges held the indictment insufficient, on the ground that the original note should have been set out, in order that a court of error might see it was an instrument within the meaning of the statute. (3 Brod. and Bingham, 201.)
OF FALSELY PERSONATING ANOTHER.
THE offence of falsely personating another is intimately blended with the crime of forgery, and, as we have seen in the preceding chapter, is embodied in the same enacting clause in most cases, which makes the forging of instruments penal with respect to the public funds: when the proprietor is defrauded, it must necessarily be done by some one either producing a forged power of attorney, or falsely representing his person.
With respect to the personating others in courts of justice, and acknowledging bail, &c. in the names of persons not privy or consenting thereto, which is a felony by statute 21 Jac. 1. c. 46. s. 2., that is an offence against the Public Justice of the kingdom, and will be found treated of hereafter in that chapter.
Personating a Proprietor of Stock in the Public Funds. + Sect. 1, By 8 Geo. 1. c. 22. IT IS RECITED, “ That divers
frauds and abuses have been or may be committed by persons · falsely and deceitfully personating the true and real proprietors of the shares, annuities, and dividends of and in the capital stock and funds of such body politic or corporate as are established by act or acts of parliament in that behalf, or some of them :" AND ENACTED, “ That if any person or persons whatsoever shall Personating “ falsely and deceitfully personate any true and real proprietors proprietor of “ of the said shares in stock, annuities and dividends, or any of
stock, and “ them, or any part thereof, and thereby transferring or endea- ferring or re“ vouring to transfer the stock, or receiving or endeavouring to ceiving, or. “ receive the money of such true and lawful proprietor, as if such so
endeavouring to “ offender were the true and lawful owner thereof; then, and in without benefit “ every or any such case, all and every such person and persons of clergy. “ (being thereof lawfully convicted in due form of law) shall be
“ adjudged guilty of felony, and shall suffer as in cases of felony .“ without benefit of clergy."
* Sect. 2. By 9 Geo. 1. c. 12. 8. 4. “ If any person or per“ sons whatsoever shall falsely and deceitfully personate any true “ and real proprietor or proprietors of any the said order or “ orders, (certain exchequer orders mentioned in the act,) and " thereby assigning or endeavouring to assign any of the said “ order or orders, or receiving or endeavouring to receive “ the money of such true and lawful proprietors, as if such “ offender were the true and lawful owner thereof; then, and in “ every or any such case, all and every such person and persons “ (being thereof lawfully convicted in due form of law) shall be “ adjudged guilty of felony, and shall suffer as in cases of felony " without benefit of clergy."
+ Sect. 3. By 31 Geo. 2. c. 22. s. 77. IT IS RECITED, “ That Esten doubts may arise whether the statute 8 Geo. 1. c. 22. extend to frauds thereafter statutes made after the passing of the said act:" AND ENACTED, established by “ That if any person or persons whatsoever shall falsely and pe “ deceitfully personate any true and real proprietor of the said “ shares in stock, annuities, and dividends, or any of them, or “ any part thereof, of or in any such capital stock or funds of “ any body or bodies politic or coporate, established, or which “ shall be established by any act or acts of parliament, and thereby “ transferring or endeavouring to transfer the stock, or receiving, “ endeavouring to receive, the money, of such true and lawful “ proprietor, as if such offender were the true and lawful owner “thereof; then, and in every or any such case, all and every such “ person and persons, being thereof lawfully convicted in due “ form of law, shall be deemed guilty of felony, and suffer death “ as a felon, without benefit of clergy.” . · + Sect. 4. By 33 Geo. 3. c. 30. IT IS RECITED, “ That the Persons making, laws now in being have been found insufficient to prevent for- or assisting in geries and frauds in the transferring stocks, annuities, and other make
thor making, trans
and other fers of stock in public funds, transferrable at the bank of England: And whereas, any other names for the better preventing such forgeries and frauds in future, it than the owners, is necessary that further provision should be made, as well to guilty of telowy. prevent frauds practised by persons taking upon themselves to make transfers, in the books of the governor and company of the
bank of England, of stock or annuities, or other funds, transfer:
“ felons, without benefit of clergy.” (1)
Yuz obtaining and indorsing a dividend warrant at the bank of Cases C. L. England in the name of a stockholder, is “ personating a pro2d edit. 341. “ prietor, and thereby endeavouring to receive the dividend,”
although no attempt whatever is made to receive the money at the pay-office.
Personating Seamen and Greenwich Pensioners. Penalty of per- + Sect. 1. By 31 Geo. 2. c. 10. s. 24. IT IS RECITED, “ That sonating sea- divers wicked practices have been carried on, by personating
and falsely assuming the names and characters of officers, seamen and others, entitled, or supposed to be entitled, to wages, pay, or other allowances of money, or prize money, for serving on board of ships or vessels of the royal navy, and by forging and counterfeiting letters of attorney, bills, tickets, assignments, last wills, and other authorities and powers, from such officers and seamen, and by falsely taking out probate of wills and letters of administration to such officers and seamen;" AND ENACTED; “ That whosoever willingly and knowingly shall personate, or * falsely assume the name or character of, or procure any other " to personate, or falsely to assume the name or character of any « officer, séaman or other person, entitled or supposed to be " entitled to any wages, pay, or other allowances of money, or “ prize money, for service done on board of any ship or vessel “ of his majesty, his heirs or successors; or the executor or ad
ministrator, (1) See 35 Geo. 3. c. 66. s. 7: 37 Geo. 3. c. 46. s. 7. containing in substance the sanue enactments.
“ ministrator, wife, relation, or creditor of any such officer or “ seaman, or other person, in order to receive any wages, pay, “ or other allowances of money, or prize money, due, or sup“ posed to be due or payable, for or on account of the services “ of any such officer or seaman, or other person as aforesaid ; or “ shall forge, or counterfeit, or procure to be forged or coun- or of forging “ terfeited, any letter of attorney, bill, ticket, certificate, assign- letters of attor“ ment, last will, or any other power or authority whatsoever, in making a false
ney, &c. or “ order to receive any such wages, pay, or other allowances of oath to obtain “ money, or prize money, due, or supposed to be due, to any probate of any,
will, &c. of such " such officer or seaman, or other person as aforesaid ; 'or shall
of shall persons, is “ willingly and knowingly take a false oath, or procure any other death. “ person to take a false oath, to obtain the probate of any will “ or wills, or to obtain letters of administration, in order to “ receive the payment of any wages, pay, or other allowances of “ money, or prize money, due, or that were supposed to be due, “ to any such officer, seaman, or other person as aforesaid, who “ has really served, or was supposed to have served on board of “ any ship or vessel of his majesty, his heirs or successors; every “such person so offending, being lawfully convicted of any such “ offence or offences, shall be deemed guilty of felony, and shall “ suffer death as a felon, without benefit of clergy."
+ Sect. 2. By 9 Geo. 3. c. 30. s. 5. “ For the more speedy Treasurer, and and effectual bringing to justice persons who shall falsely assume other officers of
the navy, emthe names or characters of officers or seamen, or other persons ;
pannell, Or One persons ; powered to act or shall forge or counterfeit, or caused to be forged or counter- as justices in feited, any letter of attorney, bill, ticket, certificate, assignment, any of the cases
here mentioned. last will, or other authority, to receive any wages, pay, or other allowance, due to any officer, seaman, or other officer, in, or who has been, or shall be in, his majesty's service, or shall utter or publish the same as true; or who shall be guilty of stealing or embezzling his majesty's naval stores :" it is ENACTED, “ That “ it shall and may be lawful to and for the treasurer, comptroller, " surveyor, clerk of the acts, or any commissioner of the navy “ for the time being, and they are hereby respectively authorized " and empowered, from time to time, in all places whatsoever, " to do, perform, exercise, and execute the office and duty of a “ justice or justices of the peace, to all intents and purposes 6 whatsoever, in causing any person or persons who shall be " charged with forging or counterfeiting, or procuring to be “ forged or counterfeited, any letter of attorney, bill, ticket, cer“ tificate, assignment, last will, or other power or authority; or " with uttering or publishing the same as true, in order to “ receive any wages, pay, or other allowance, due to any officer, “ seaman, or other person, who is, or has been, or shall hereafter “ be, in the service of his majesty, his heirs or successors; or “ with taking, or procuring false oaths to be taken, for any of “ the purposes aforesaid; or to obtain a probate of any will, or “ letters of administration, in order to receive such wages, pay, " or other allowance; or with stealing or embezzling of any naval "stores, the property of his majesty, his heirs or suecessors; to “ be apprehended, conimitted, and prosecuted, for the same;