materials, or upon any plate whatsoever, any word or words, figure or figures, character or characters, the impression taken from which shall resemble or be apparently intended to resemble the whole or any part of any of the notes or bills of the said governor and company commonly called bank notes and bank post bills, or shall contain any word, number, figure, or character, in white on a black, sable or dark ground, without an authority in writing for that purpose from the said governor and company, to be produced and proved by the party accused, or shall (without such authority as aforesaid) use any such plate, wood or other material so engraved, cut, etched, scraped, or by any other means or device made, or shall use any other instrument or device for the making or printing upon any paper or other material, any word or words, figure or figures, character or characters, which shall be apparently intended to resemble the whole or any part of any of the said notes or bills of the said governor and company, or any word, number, figure, or character in white on a black, sable, or dark ground; 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 device, or shall knowingly and wilfully utter, publish or dispose of, or put away any paper or other material containing any such word or words, figure or figures, character or characters as aforesaid, or shall knowingly or wittingly have in his, her or their custody or possession any paper or other material containing any such word or words, figure or figures, character or characters as aforesaid (without lawful excuse, the proof whereof shall lie upon the person accused), 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 fourteen years." 13. The sixth section excepts paper, other than paper resembling notes or bills, in the custody of any person previous to the passing of the act.-14. Where one of the prisoners knowingly delivered a forged bank note to the other prisoner for the purpose of its being knowingly uttered by her, and she uttered it accordingly, it was holden that the prisoner who delivered such note might be convicted of having disposed of and put away the same, on the st. 15 G. 2. c. 13. s. 11. - 15. In an indictment for disposing of and putting away forged bank notes, knowing, &c. it is not necessary to aver to whom the notes were so disposed. 2 Taunt. 384. 2 Leach, 1019.-16. And this offence may be completed, though it appear that the notes were furnished by the prisoners to agents employed by the bank to procure them from the prisoners, and that the notes were delivered to such agents as forged notes for the purpose of being disposed of by them. Ibid.

IV. Securities of other Public Companies.

1. The statute 9 Ann. 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 G. 1. c. 4. s. 6. contains similar provisions.-2. The statute 6 G. 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 G. 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 of 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, counterfeited or altered, to the said company, or any of their officers, 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. 3. The statute 12 G. 1. c. 32. s. 9. relates to the East India as well as the South Sea Company; and enacts, "that if any person or persons shall forge or counterfeit or procure to be forged or counterfeited or willingly act or assist in the forging or counterfeiting any bond or obligation under the common seal of the united company of merchants of England trading to the East Indies, or any indorsement or assignment VOL. IV. E e

thereon,

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 person whatsoever;" every such person so offending shall be guilty of felony, without benefit of clergy.-4. Especial provisions have also been made respecting forgeries affecting some of the insurance companies; thus, 6 G. 1. c. 18. s. 13., as to forging the securities of the London and Royal Exchange assurance companies. - 5. 39 G. 3. c. 83. 8. 22., as to forging those of the Globe Insurance Company.-6. 4 G. 3. c. 37. s. 15., the English Linen Company.-7. 26 G. 3. c. 106. s. 26., the British Society for extending the Fisheries.-8. 13 G. 3. c. 38. s. 28., revived by 38 G. 3. c. 17. s. 23., the governor and company of the British Cast Plate Glass Manufactory. - 9. Which provisions however have been rendered of less importance, by the statutes applying to forgeries committed with the intention of defrauding any corporation whatever. V. Stamps.

1. The statute 53 G. 3. c. 143. 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 manage the duties on stamped vellum, parchment and paper, or by or under, the direction of any other person or persons legally 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 commissioners for the ace of spades, to be used with any playing cards; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, the impression, or any resemblance of the impression, of any such mark, stamp, die or plate as aforesaid, upon any vellum, parchment, paper, card, ivory, gold or silver plate, or other material, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material, with any such forged or counterfeited mark, stamp, die or plate as aforesaid, with intent to defraud his majesty, his heirs, &c. of any of the duties, or any part of the duties under the care and management of the said commissioners; or if any person shall utter or sell, or expose to sale any vellum, parchment, paper, card, ivory, gold or silver plate, or other material, having thereupon the impression of any such forged or counterfeited mark, stamp, die or plate, or any such forged or counterfeited impression as aforesaid, knowing the same respectively to be forged or counterfeited; or if any person shall privately or secretly use any such mark, stamp, die or plate, which shall have been so provided, made or used, by or under such direction as aforesaid, with intent to defraud his majesty, his heirs, &c. of any of the duties, or any part of the duties under the care and management of the said commissioners; every person so offending, shall be adjudged guilty of felony, without benefit of clergy."-2. The eighth section of this statute enacts, "that if any person shall transpose or remove, or cause or procure to be transposed or removed, from one piece of wrought plate of gold or silver to another, or to any vessel or ware of base metal, any impression made with any mark, stamp or die, provided, made or used by or under the direction of the said commissioners of stamps, or by or under the direction of any other person or persons legally authorised in that behalf, for denoting any duty or duties, or the payment of any duty or duties granted to his majesty on gold or silver plate; or shall stamp or mark, or cause or procure to be stamped or marked, any vessel or ware of base metal with any mark, stamp or die, which shall have been forged or counterfeited in imitation of, or to resemble any mark, stamp or die so provided, made or used as aforesaid; or shall sell, exchange or expose to sale, or export out of Great Britain, any wrought plate of gold or silver, or any vessel or ware of base metal, having thereupon the impression of any forged or counterfeited mark, stamp or die, for denoting any such duty or duties, or the payment of any such duty or duties, or any forged or counterfeited impression of any mark, stamp or die, so provided, made or used as aforesaid, or any impression of any such mark, stamp or die, which shall have been transposed or removed from any other piece of plate as aforesaid, knowing the same respectively to be forged or counterfeited, or transposed or removed as aforesaid; or shall wilfully and without lawful excuse (the proof whereof shall lie on the person accused) have or be possessed of any such forged or counterfeited mark, stamp or die, for denoting any such duty or duties, or the payment thereof;" every person so offending shall be adjudged guilty of felony, without benefit of clergy:-3. By the ninth section it is enacted, "that if any person (not

being lawfully appointed or authorised so to do) shall make, or cause, or procure 419 to be made, or shall knowingly aid or assist in the making, or, without being so appointed or authorized as aforesaid, shall knowingly have in his, her or their custody or possession, without lawful excuse (the proof whereof shall lie on the person accused), any frame, mould, or instrument, for the making of paper, with the words excise office' visible in the substance of such paper, or shall make or cause, or procure to be made, or knowingly aid or assist in the making any paper, in the substance of which the words 'excise office' shall be visible; or if any person (except as before excepted) shall by any art, mystery or contrivance, cause or procure the said words excise office' to appear visible in the substance of any paper whatever; or if (not being so appointed or authorised as aforesaid) shall engrave, cast, cut, or make, or shall cause or procure to be engraven, cast, cut, or made, any mark, stamp, or device, in any person imitation of or to resemble any mark, stamp, or device, made or used by the direction of the commissioners of excise in England or Scotland, or the major part of them respectively, for the purpose of printing, stamping, or marking of any paper to be used as or for a permit or permits to accompany any exciseable commodity or commodities removing or removed from one part of Great Britain to any other part thereof, in pursuance of the directions of any of the several statutes requiring such permit," every person so offending shall be adjudged guilty of felony without benefit of clergy. late stamp act 55 G. 3. c. 184. s. 7. includes the cutting or getting off the impression of any stamp from paper, &c. with intent to use the same upon any other 4. The paper, &c. chargeable with the duties thereby granted; and makes this also a capital offence. This section (without referring to the former general act of the 52 G. 3. c. 143.) enacts, "that if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any stamp or die, or any part of any stamp or die, which shall have been provided, made or used, in pursuance of this act, or in pursuance of any former act or acts, relating to any stamp duty or duties, or shall forge, counterfeit or resemble, or cause or procure to be forged, counterfeited or resembled the impression or any part of the impression of any such stamp or die as aforesaid, upon any vellum, parchment or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment or paper, with any such forged or counterfeited stamp or die, or part of any stamp or die as aforesaid, with intent to defraud his majesty, his heirs, &c. of any of the duties hereby granted, or any part thereof; or if any person shall utter or sell or expose to sale any vellum, parchment, or paper, having thereupon the impression of any such forged or counterfeited stamp or die, or part of any stamp or die, or any such forged, counterfeited or resembled impression, or part of impression as aforesaid, knowing the same respectively to be forged, counterfeited, or resembled; or if any person shall privately and secretly use any stamp or die which shall have been so provided, made or used as aforesaid, with intent to defraud his majesty, his heirs, &c. of any of the said duties, or any part thereof; or if any person shall fraudulently cut, tear, or get off, or cause or procure to be cut, torn, or got off, the impression of any stamp or die which shall have been provided, made or used in pursuance of this or any former act, for expressing or denoting any duty or duties under the care and management of the commissioners of stamps, or any part of such duty or duties, from any vellum, parchment, or paper, whatsoever, with intent to use the same for or upon any other vellum, parchment or paper, or any instrument or writing, charged or chargeable with any of the duties hereby granted; then and in every such case every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person or persons in committing any such offence as aforesaid, shall be adjudged guilty of felony without benefit of clergy." section enacts that all the powers, &c. pains and penalties contained in and imposed by the several acts relating to the duties by this act repealed, and the several acts relating The eighth to any prior duties of the same kind or description, shall be of full force and effect with respect to the duties by this act granted, as far as the same shall be applicable, &c. 5. The statute 55 Geo. III. c. 185. entitled "An act for repealing the stamp office duties on advertisements, almanacks, newspapers, gold and silver plate, stage coaches, and licences for keeping stage coaches, now payable in Great Britain; and for granting new duties in lieu thereof," declares that the duties thereby granted shall be under the care and management of the commissioners of stamps in Great Britain, and requires the commissioners to provide and use proper and sufficient plates, stamps, or dies, for denoting the duties thereby granted: and enacts that the powers, &c. pains and penalties contained in and imposed by the acts relating to the duties by this act repealed, and to any prior duties of the same kind or description, shall be of full force and effect, with respect to the duties by this act granted as far as the same shall be applicable, &c. The sixth section then enacts, counterfeit, or cause or procure to be forged or counterfeited, any plate, stamp, or die, "that if any person shall forge or or any part of any plate, stamp, or die, which shall have been provided, made or E e 2 used,

used, in pursuance of this or any former act, for expressing and denoting any of the duties granted by this or any former act, on almanacks, newspapers, and licences to keep stage-coaches; or shall forge, counterfeit, or resemble, or cause or procure to be forged, counterfeited, or resembled, the impression, or any part of the impression of any such plate, stamp, or die, upon any paper whatsoever, or shall stamp or mark, or cause or procure to be stamped or marked any paper whatsoever, with any such forged or counterfeited plate, stamp, or die, as aforesaid, with intent to defraud his majesty, his heirs, &c. of any of the duties hereby granted on almanacks, newspapers, and licences or keep stage-coaches, or any part thereof; or if any person shall utter, or sell, or expose to sale any paper, having thereupon the impression of any such forged or counterfeited plate, stamp, or die, or part of any plate, stamp, or die, or any such forged, counterfeited, or resembled impression, or part of impression as aforesaid, knowing the same respectively to be forged, counterfeited, or resembled; or if any person shall privately and secretly use any plate, stamp, or die, which shall have been so provided, made or used as aforesaid with intent to defraud his majesty, his heirs, &c. then every person so offending, and every person knowingly and wilfully aiding, abetting or assisting any person or persons in committing any such offence as aforesaid," shall be adjudged guilty of felony without benefit of clergy.-6. The seventh section further enacts, "that if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited any mark, stamp or die, which shall have been provided, made or used in pursuance of this or any former act, relating to any duties on gold or silver plate made or wrought in Great Britain, for the purpose of marking or stamping any such gold or silver plate, in the manner directed by any such act, or shall forge counterfeit or resemble, or cause or procure to be forged, counterfeited, or resembled, the impression of any such mark, stamp or die, upon any such gold or silver plate, with intent to defraud his majesty, his heirs, &c., or if any person shall mark or stamp or cause or procure to be marked or stamped, any such gold or silver plate, or any vessel or ware of base metal, with any such forged or counterfeited mark, stamp or die as aforesaid, or shall transpose or remove, or cause or procure to be transposed or removed, from one piece of gold or silver plate to another, or to any vessel or ware of base metal, any impression made with any mark, stamp or die, which shall have been provided, made or used in pursuance of this or any former act, for the purpose of marking or stamping of any such gold or silver plate as aforesaid; or if any person shall sell, exchange or expose to sale, or export out of Great Britain, any such gold or silver plate or any vessel or ware of base metal, having thereupon the impression of any such forged or counterfeited mark, stamp or die as aforesaid, or any forged, counterfeited or resembled impression of any mark, stamp or die, so provided, made or used as aforesaid, or any impression of any such mark, stamp or die, which shall have been transposed or removed from any other piece of plate as aforesaid, knowing the same respectively to be forged or counterfeited, or transposed or removed as aforesaid; or if any person shall wilfully and without lawful excuse (the proof whereof shall lie on the person accused) have or be possessed of any such forged or counterfeited mark, stamp or die, as aforesaid, or shall privately and secretly use any mark, stamp or die, so provided made or used as aforesaid, with intent to defraud his majesty, &c." every person so offending, and every person knowingly and wilfully aiding, abetting or assisting any person or persons committing any such offence as aforesaid, shall be adjudged guilty of felony without benefit of clergy.-7. Besides the statutes which relate to the forging, &c. the stamps and marks on plate, by which the duty payable to the crown is denoted, there are others which relate to the offences of forging, &c. the assay marks or stamps required to be affixed to gold and silver manufactures, in order to denote their standard value. Offences of this kind were first made punishable by the 12 G. 2. c. 26. s. 8, by pecuniary forfeiture, and imprisonment in default of payment. But that provision was repealed by the stat. 31 G. 2. c. 32. s. 14.; which statute by s. 15. made the forging or counterfeiting the stamp, &c. used for marking plate in pursuance of the 12 G. 2. c. 26. s. 8. by the goldsmiths' company, &c. the marking plate, &c. with a forged or counterfeited stamp, the transposing the stamp, &c. impressed, from one vessel to another, the selling or exporting plate, with a forged, counterfeited, or transposed mark, and the having such stamp, &c. in possession a capital felony. This section of the 31 G. 2. c. 32. after having been amended by the 32 G. 2. c. 24. was repealed by 13 G.3. c. 59. s. 1. 2 Russell, 1565. 8. And the second section of that statue enacts, "that if any person whatsoever, shall cast, forge or counterfeit, or cause or procure to be cast, forged or counterfeited, any mark or stamp used, or to be used, for the marking or stamping gold or silver plate, in pursuance of any act or acts of parliament now in force by the company of goldsmiths in London, or by the wardens, or assayer or assayers at York, Exeter, Bristol, Chester, Norwich or Newcastle-upon-Tyne, or by any maker or worker of gold or silver plate, or any or either of them; or shall cast, forge or counterfeit,

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or cause or procure to be cast, forged or counterfeited, any mark, stamp or impression, in imitation of or to resemble any mark stamp or impression made, or to be made, with any mark or stamp used, or to be used, as aforesaid, by the said company of goldsmiths in London, or by the said wardens, or assayer or assayers, or by any maker or workers of gold or silver plate, or any or either of them; or shall mark or stamp, or cause or procure to be marked or stamped, any wrought plate of gold or silver, or any wares of brass or other base metal silvered or gilt over, and resembling plate of gold or silver, with any mark or stamp which hath been or shall be forged or counterfeited at any time, in imitation of, or to resemble any mark or stamp used, or to be used, as aforesaid, by the said company of goldsmiths in London, or by the said wardens, or assayer or assayers, or by any maker or worker of gold or silver plate, or any or either of them; or shall transpose or remove, or cause or procure to be transposed or removed, from one piece of wrought plate to another, or to any vessel of such base metal as aforesaid, any mark, stamp or impression, made or to be made, by or with any mark or stamp used, or to be used, as aforesaid, by the said company of goldsmiths in London, or by the said wardens, or assayer or assayers, or by any maker or worker of gold or silver plate, or any or either of them; or shall sell, exchange or expose to sale, or export out of this kingdom, any wrought plate of gold or silver, or any vessel of such base metal as aforesaid, with any such forged or counterfeit mark, stamp or impression thereon, or any mark, stamp or impression which hath been, or shall be transposed or removed from any other piece of plate, at any time, knowing such mark, stamp or impression, to be forged, or counterfeited, or transposed or removed as aforesaid; or shall wilfully or knowingly have or be possessed of any mark or stamp which hath been, or shall be forged or counterfeited at any time in imitation of or to resemble any mark or stamp used, or to be used, as aforesaid, by the said company of goldsmiths in London, or by the said wardens, or assayer or assayers, or by any maker or worker of gold or silver plate, or any or either of them; every person offending in any, each or either of the cases aforesaid, and being thereof lawfully convicted, shall, by order of the court before whom such offender shall be convicted, be transported to some of his majesty's colonies or plantations in America, for the term of fourteen years.' 9. The 24 G. 3. sess. 2. c. 53. and 58 G. 3. c. 69. contain provisions nearly in a similar form to the 13 G. 3. c. 59.— 10. The statute 12 Geo. III. c. 48. enacts, "that if any person or persons shall write or engross, or cause to be written or engrossed, either the whole or any part of any writ, mandate, bond, affidavit, or other writing, matter or thing whatsoever, in respect whereof any duty is or shall be payable by any act or acts made, or to be made in that behalf, on the whole or any part of any piece of vellum, parchment, or paper, whereon there shall have been before written any other writ, bond, mandate, affidavit, or other matter or thing, in respect whereof any duty was or shall be payable as aforesaid, before such vellum, parchment, or paper, shall have been again marked or stamped according to the said acts; or shall fraudulently erase or scrape out, or cause to be erased or scraped out, the name or names of any person or persons, or any sum, date, or other thing written in such writ, mandate, affidavit, bond, or other writing, matter or thing, as aforesaid, or fraudulently cut, tear, or get off any mark or stamp, in respect whereof or whereby any duties are or shall be payable, or denoted to be paid or payable aforesaid, from any piece of vellum, parchment, paper, playing cards, outside paper of any parcel or pack of playing cards, or any part thereof, with intent to use such stamp or mark for any other writing, matter or thing, in respect whereof any such duty is or shall be payable, or denoted to be paid or payable as aforesaid," every person so offending, and every person aiding, abetting, &c. to commit any such offence shall be deemed to be guilty of felony, and be transported to some of his majesty's plantations beyond the seas for a term not exceeding seven years. And it further enacts, that if any such person so convicted or transported shall voluntarily escape or break prison, or return from transportation before the expiration of the time, such person being thereof lawfully convicted, shall suffer death as a felon, without benefit of clergy, and shall be tried for such felony in the county where he shall be apprehended..- 11. The 49 G. 3. c. 81.

s. 1. enacts," that if any person or persons whatever shall upon any cover or wrapper of or belonging to or used with or upon any label affixed to any ream or quantity of paper, or upon any pasteboard, millboard, scaleboard, or glazed paper, counterfeit, forge, or resemble the mark or impression or any stamp or device provided or directed to be used in pursuance of the said act of the thirty-fourth year of his said majesty's reign, or shall have in his, her, or their custody or possession, any such counterfeit stamp, or device, knowing the same to be counterfeited, or shall have in his, her, or their custody or possession, or shall utter, vend, or sell any paper with a counterfeit or forged mark or impression of any such stamp or device on the cover or wrapper of such paper, or on any label affixed thereto, or any pasteboard, millboard,

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