marine services, have, from time to time been made capital offences by a variety of statutes. The recent statute 57 G. 3. c. 127. s. 4. enacts," that, in order to bring into one act the several provisions made for the prevention and punishment of the crimes of personation and forgery for the purpose of obtaining prize-money; if any person or persons shall willingly or knowingly personate or falsely assume, or cause or procure any other person to personate or falsely assume the name or character of any commissioned officer, warrant or petty officer, or seaman, or any commissioned or non-commissioned officer of marines or marine, or any other person entitled or supposed to be entitled to any wages, pay, prize-money, bounty-money, pension-money, or other allowances of money for or in respect of services performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs, &c. or the wife, widow, executor, or administrator, relation, or creditor of any such officer, seaman, or other person as aforesaid, in order to receive any wages, pay, prize-money, bounty-money, pension-money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs, &c. or shall 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, counterfeiting or altering any letter of attorney, order, bill, ticket, certificate of service, or other certificate whatsoever, assignment, last will, or other power or authority whatsoever in order to receive or to enable any other person to receive any wages, pay, prize-money, bountymoney, pension-money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs, &c. with intention to defraud any person or persons, body or bodies politic or corporate whatsoever; or shall utter or publish as true, or shall aid or assist in uttering or publishing as true, any false, forged, counterfeited, or altered letter of attorney, order, bill, ticket, certificate of service, or other certificate whatsoever, assignment, last will or other power or authority whatsoever, in order to receive any wages, pay, prize-money, bounty-money, pensionmoney, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs, &c. with intention to defraud any person or persons, body or bodies politic or corporate whatsoever, knowing the same to be false, forged, counterfeited or altered; or shall willingly and knowingly take a false oath to obtain the probate of any will or wills, or to obtain letters of administration, in order to receive or to enable any other person to receive any wages, pay, prize-money, bountymoney, pension-money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs, &c.; or shall demand or receive any wages, pay, prizemoney, bounty-money, pension-money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board any of his majesty's ships or vessels, upon or by virtue of any probate of any will or letters of administration, knowing the will on which such probate shall have been obtained to be false, forged, and counterfeited, or knowing the probate of such will, or such letters of administration as last aforesaid, to have been obtained by means of any such false oath as aforesaid, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever," every such person so offending shall be deemed guilty of felony without benefit of clergy.-20. As the false personating of seamen must, within the statutes, be done in order to receive the wages, &c. of some seamen, &c, entitled or supposed to be entitled thereto, there must be some evidence of the existence of such seaman, &c. - 21. As to variance in the name in an indictment on 57 G. 5, c. 127. s. 4., see Tannet's case 2 Russell, 1596. — 22. The 49 G. 3. c. 35. entitled "an act for the more convenient payment of pensions to widows of officers of the navy," enacts, (s. 9.) " that if any person shall wilfully and knowingly personate or falsely assume the name or character of, or procure any other person to personate or falsely assume the name or character of any widow entitled, or supposed to be entitled to any such pension aforesaid, in order to receive the same, or any part thereof, every such person so offending, and being lawfully convicted thereof, shall be deemed guilty of felony, and may be transported for such period, not exceeding fourteen years, as the court shall adjudge.". 23. The tenth section enacts, " that if any person shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly or wilfully act or assist in forging or counterfeiting, the name or handwriting of any widow

entitled

entitled to any such pension, or of any person or persons required by any rules or regulations made under and by virtue of this act to sign any remittance bill, certificate, voucher, or receipt, in relation to the payment of any such pension, for and in order to the receiving or obtaining any money on any such pension, or shall utter as true any false, forged or counterfeited remittance bill, certificate, voucher, or receipt, knowing the same to be forged or counterfeited, with an intention to defraud any person whatsoever," every such person so offending shall be guilty of felony, and may be transported for such period, not exceeding fourteen years, as the said court shall adjudge, 24. The st. 49 G. 3. c. 45. entitled, "an act for more conveniently paying of allowances on the compassionate list of the navy and of half-pay to officers of the royal marines" after reciting that it would greatly tend to the comfort and accommodation of persons receiving any sums of money or allowances in consequence of their names being inserted in the compassionate list of the navy, and also of the officers of the royal marines, entitled to half-pay, if such allowances and half-pay were paid to the persons respectively entitled thereto, at or near the places of their respective residences; and providing that persons entitled to such allowances and half-pay may on application for that purpose, receive payments from the receiver-general of the land tax, or collector of the customs and excise, &c., enacts, (s. 10.) " that if any person shall wilfully and knowingly personate, or falsely assume the name or character of, or procure any other person to personate, or falsely to assume the name or character of any person entitled, or supposed to be entitled, to any such allowance aforesaid, or of any officer of the royal marines on half-pay as aforesaid, in order to receive such allowance or half-pay, or any part thereof," every such person so offending shall be deemed guilty of felony, and may be transported for such period not exceeding fourteen years, as the court shall adjudge. The eleventh section enacts, " that if any person shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in forging and counterfeiting, the name or handwriting of any person or officer entitled to any such allowance, or to such half-pay, or of any person or persons required by any rules or regulations made under and by virtue of this act, to sign any remittance bill, certificate, voucher, or receipt, in relation to the payment of any such allowance or half-pay, for and in order to the receiving or obtaining any money on any such allowance or halfpay; or shall utter as true any false, forged, or counterfeited remittance bill, certificate, voucher, or receipt, knowing the same to be forged or connterfeited, with an intention to defraud any person whatsoever;" every such person so offending shall be adjudged to be guilty of felony, and may be transported for such period, not exceeding fourteen years, as the said court shall adjudge.-25. The stat. 3 G. 3. c. 16. s. 6. related to the false personating the name, &c. of an out-pensioner at Greenwich hospital. And the more recent statute 54 G. 3. c. 110. s. 6. enacts that whosoever willingly or 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 person to whom any such certificate as aforesaid shall have been granted, in order to receive the money mentioned in such certificate, or shall willingly and knowingly 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 person, in order to receive any money due or supposed to be due for or on account of any out-pension granted by the said hospital; or shall forge or counterfeit, or procure to be forged or counterfeited, any bill, certificate, letter of attorney, ticket, certificate, assignment, last will or any other power or authority, or other document whatsoever, in order to receive any such money; or shall willingly and knowingly take a false oath, or procure any other person to take a false oath, in order to receive payment of any money due or supposed to be due for or on account of any out-pension granted by the said hospital; or shall utter or publish as true any false, forged or counterfeited letter of attorney, bill, ticket, certificate, assignment, last will or any other power or authority, in order to receive payment of any money due, or supposed to be due, for or on account of any outpension;" shall be deemed guilty of felony, without benefit of clergy. -- 26. The stat. 55 G. 3. c. 60. s. 30. enacts “that if any person shall sign or subscribe any petition or application to the treasurer, or paymaster of his majesty's navy for the time being, falsely and wilfully representing herself or himself to be the widow, or the nearest or one of the nearest of kindred of any deceased petty officer or seamen, non-commissioned officer of marines or marine, who shall have belonged to or served on board any of his majesty's ships or vessels, or utter or publish any such petition or application so signed or subscribed as aforesaid, containing such false and wilful representation as aforesaid, in order to obtain a certificate from the inspector of seamen's wills and powers to procure letters of administration to the effects of any such petty officer or seamen, non-commissioned officer of marines or marine, or to procure payment of any wages,

wages, pay, prize money, bounty money or other allowances of money under twenty pounds, for or in respect of services on board any ship, or vessel of his majesty, his heirs or successors; or if any person or persons shall demand or receive any wages, pay, prize, money, bounty money or other allowance of money due or supposed to be due for or in respect of the services of any such petty officer or seamen, non-commissioned officer of marines or marine, upon or by virtue of any certificate from the said inspector of seamen's wills, knowing such certificate to have been obtained by false representations or pretences," every such person shall be transported beyond the seas for the term of seven years, in like manner as persons convicted of felony are directed to be transported by the laws and statutes of this realm. -27. And the same statute (s. 31.) enacts," that if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act and assist in the false making, forging or counterfeiting the signature of any minister or householder of any parish, to any certificate annexed or subjoined to or contained in any check or petition for a certificate, as required, described and mentioned in this act, to enable any person or persons to obtain probate of any will or letters of administration to any such petty officer or seamen, non-commissioned officer of marines or marine; or shall utter or publish as true any such certificate annexed or subjoined to or contained in any such check or petition, with any false, forged or counterfeited signature of any such minister, or householder of any parish subscribed thereto, knowing the same signature to be false, forged or counterfeited, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever," then every such person so offending shall be deemed guilty of felony, and be transported as a felon for the term of life, or fourteen years, or seven years, as the court before which such offender shall be tried, shall adjudge. 28. The stat. 56 G. 3. c. 101. reciting that it would tend to the convenience and advantage of the commissioned and warrant officers in his majesty's navy on half-pay, and of persons receiving pensions on the ordinary estimate of the navy, if they were enabled to draw for such half-pay and pensions by bills of exchange on the commissioners of the navy, instead of being paid the same by remittance bills, provides a method for effecting such purpose; and then enacts, (s. 4.) "that if any person or persons shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in the false making, forging or counterfeiting of any such authority or certificate, or bill of exchange, or assignment as aforesaid, or shall utter or publish as true any such false, forged or counterfeited authority or certificate, bill of exchange or assignment, knowing the same to be false, forged or counterfeited, with intent to defraud any person or persons body or bodies politic or corporate," every such person so offending shall be deemed guilty of felony without benefit of clergy. 29. Upon which statute, forging a power of attorney to receive prize-money, has been holden to be a capital offence, though not in the form prescribed by 45 G. 3. c. 72. s. 92. 30. The 39 Eliz. c. 17. s. 3. enacts, that every idle and wandering soldier or mariner, who, coming coming from his captain from the seas, or from beyond the seas, shall not have a testimonial under the hand of a justice of peace, of or near the place where he landed, setting down the place and time when and where he landed, (and other particulars therein mentioned,) and also, " as well every such idle and wandering soldier or mariner, as every other idle person wandering as soldier or mariner, which shall at any time hereafter forge or counterfeit any such testimonial, or have with him or them any such testimonial forged or counterfeited as aforesaid, knowing the same to be counterfeited or forged, in all these cases every such act or acts to be felony, and the offenders to suffer as aforesaid, without any benefit of clergy."-31. The statute 4 Geo. II. c. 18. s. 1. having reference to the treaties between this kingdom and the Barbary powers; by which, on producing a pass in a certain form, those powers agreed to let British vessels go free, enacted, "that if any person or persons shall within Great Britain or Ireland, or any other his majesty's dominions, or without, falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or wittingly or knowingly act or assist in the false making, forging or counterfeiting any pass or passes for any ship or ships whatsoever, commonly called a Mediterranean pass or Mediterranean passes, or shall counterfeit the seal of the said office, or the hand or hands of the lord high-admiral of Great Britain and Ireland for the time being, or of any commissioner or commissioners for executing the said office for the time being, to any such pass or passes, or shall alter or erase any true and authentic pass or passes issued or made out by the lord high-admiral of Great Britain and Ireland, or the commissioners for executing the said office for the time being, or shall utter or publish as true any such false, forged, counterfeited, altered or erased pass or passes, knowing the same to be false, forged, counterfeited, altered or erased, all and every such person and persons, being in due form of law convicted of any of the

offences

offences aforesaid in any proper court of Great Britain, Ireland, or any of his majesty's plantations beyond the seas, where such offence shall be committed respectively, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy." By the second section it is provided, that such offences committed in any country or place out of Great Britain, either within or without his majesty's dominions, may be inquired of, &c. in any county of Great Britain, by virtue of the king's commission of oyer and terminer and goal delivery, or before any court of justiciary in Scotland, &c.-32. The statute 47 Geo. III. sess. 1. c. 36. entitled, " An act for the abolition of the slave trade," enacts, (s. 12.) “ that if any person shall wilfully and fraudulently forge or counterfeit any such certificate, copy of sentence of condemnation, or receipt as aforesaid, or any part thereof, or shall knowingly and wilfully utter or publish the same, knowing it to be forged or counterfeited, with intent to defraud his majesty, his heirs and successors, or any other person or persons whatever;" the party so offending shall suffer death as in cases of felony, without benefit of clergy.33. The statute 46 Geo. III. c. 98. entitled, " An act for making additional and further provisions for the effectual performance of quarantine in Great Britain," enacts, (s. 8.) "that if any person shall knowingly and wilfully forge or counterfeit, interline, erase, or alter, or procure to be forged or counterfeited, interlined, erased, or altered, any certificate directed or required to be granted by any order of his majesty, his heirs, &c. in council now in force, or hereafter to be made touching quarantine, and the prevention of infection, or shall publish as true any such forged or counterfeited, interlined, erased, or altered certificate, knowing the same to be forged or counterfeited, interlined, erased, or altered, or shall knowingly and wilfully utter and publish any such certificate, with intent to obtain the effect of a true certificate to be given thereto, knowing the contents of such certificate to be false;" he or she shall be adjudged guilty of felony, without benefit of clergy. -34. The statute 47 Geo. III. sess. 2. c. 66. was passed for the purpose of making more effectual provision for the prevention of smuggling; and, after authorising certain persons therein mentioned to grant licences for navigating, &c. it enacts, (s. 26.)" that if any person or persons shall counterfeit, erase, alter, or falsify, or cause to be counterfeited, erased, altered, or falsified, any licence which has been granted by the lord high-admiral of Great Britain, or by the commissioners of the admiralty for the time being, or by any person authorised by them to grant such licence, or which shall, in pursuance of this act, be granted by the commissioners of his majesty's customs in England, Scotland, or Ireland, respectively, or any three of them for the time being, or shall knowingly or wilfully make use of any licence so counterfeited, erased, altered, or falsified, such person or persons shall for every such offence forfeit the sum of five hundred pounds.". 35. By the 12 Geo. I. c. 32., which was passed for the better securing the monies and effects of the suitors of the court of chancery, it is enacted, (s. 9.)" 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 the name or hand of the said accountant-general, the said register, the said clerk of the report-office, or any of the cashiers of the said governor and company of the Bank of England, to any certificate, report, entry, indorsement, declaration of trust, note, direction, authority, instrument or writing whatsoever, for or in order to the receiving or obtaining any the money or effects of any of the suitors of the said court of chancery, or shall forge or counterfeit, or procure to be forged or counterfeited, or wilfully act or assist in forging or counterfeiting any certificate, report, entry, indorsement, declaration of trust, note, direction, authority, instrument or writing in form of a certificate, report, entry, indorsement, declaration of trust, note, direction, authority, instrument or writing, made by such accountant-general, register, clerk of the report-office, or any of the cashiers of the said governor and company of the Bank of England, or shall utter or publish any such, knowing the same to be forged or counterfeited, with intention to defraud any person whatsoever;" then every such person so offending shall be adjudged to be guilty of felony, without benefit of clergy. - 36. And forging a writing purporting to be an office copy of a report of the accountantgeneral of money being paid into the bank; and also an office copy of a certificate of one of the cashiers of the bank is within the 12 G. 1. 1 Leach, 61. 2 East, P. C. c. 19. s. 22. p. 889.-37. The making a false entry in a parish register, of any matter relating to a marriage, the forging, &c. a marriage licence, and destroying a registerbook of marriages, were made capital offences by the statute, (commonly called the marriage act,) 26 Geo. II. c. 33. The sixteenth section of that statute enacts, "that if any person shall, with intent to elude the force of this act, knowingly and wilfully insert or cause to be inserted in the register-book of such parish or chapelry as aforesaid, any false entry of any matter or thing relating to any marriage; or falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged or counterfeited, or act or assist in falsely making, altering, forging or counterfeiting any such en

try

try in such register; or falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered forged, or counterfeited, or assist in falsely making, altering, forging or counterfeiting any such licence of marriage as aforesaid; or utter or publish as true any such false, altered, forged or counterfeited register as aforesaid, or a copy thereof; or any such false, altered, forged or counterfeited licence of marriage, knowing such register or licence of marriage respectively to be false, altered, forged or counterfeited; or if any person shall wilfully destroy, or cause or procure to be destroyed, any register-book of marriages, or any part of such register-book, with intent to avoid any marriage, or to subject any person to any of the penalties of this act ;" every person so offending shall be adjudged to be guilty of felony, without benefit of clergy.58. The late statute 52 Geo. III. c. 146., which was passed for the better regulating and preserving parish and other registers of births, baptisms, marriages, and burials, after providing as to the register-books to be kept, and copies,&c. to be transmitted, &c. enacts, (s. 14.)" that if any person shall knowingly and wilfully insert, or cause or permit to be inserted in any such register-book of such baptisms, burials or marriages as aforesaid, or in any such copy of any such register so directed to be transmitted to the registrars as aforesaid, or in any such lists or declarations also directed to be transmitted to such registrars as aforesaid, any false entry of any matter or thing relating to any baptism, burial or marriage, or shall falsely make, alter, forge or counterfeit, or cause or procure, or wilfully permit to be falsely made, altered, forged or counterfeited, any part of any such register, list or declaration, or of any such copy of any such register; or shall wilfully destroy, deface or injure, or cause or procure, or permit to be destroyed, defaced or injured, any such register-book, or any part thereof; or shall knowingly and wilfully sign, or certify any copy of any such register hereby required to be transmitted as aforesaid, which shall be false in any part thereof, knowing the same to be false;" every person so offending shall be adjudged to be guilty of felony, and shall be transported for the term of fourteen years. The twentieth section contains a proviso that nothing in this act contained shall extend to repeal any provision contained in the 26 Geo. II. c. 33. -39. The 48 Geo. 3. c. 142. s. 27. enacts, "that if any person or persons shall forge, counterfeit, or alter, or cause or procure to be forged, counterfeited, or altered, or knowingly or wilfully act or assist in the forging, counterfeiting, or altering any register or registers of the birth or baptism of any person or persons to be appointed a nominee or nominees under the provisions of this act, or any copy or certificate of any such register, or the name or names of any witness or witnesses to any such certificate, or any affidavit or affirmation required to be taken for any of the purposes of this act, or the certificate of any judge, baron of the exchequer, justice of the peace, or magistrate, of any such affidavit or affirmation having been taken before him, or any certificate of any governor or person acting as such, or minister or consul, or chief magistrate of any province, town or place, or other person authorised by this act to grant any certificate of the life or death of any nominee, or any certificate or certificates of the officer to be appointed by the said commissioners for the reduction of the national debt, or of any cashier or clerk of the Bank of England, or shall forge or counterfeit, or shall cause or procure to be forged or counterfeited, or knowingly or wilfully act or assist in the forging or counterfeiting the name or names of any person or persons in or to any transfer of bank-annuities for the purchase, of any life-annuity or in or to any transfer or acceptance of any life-annuity in the books of the governor and company of the Bank of England, or any receipt or discharge for any life-annuity, or for any payment or payments due or to become due thereon, or to any letter of attorney, or other authority or instrument, to transfer or accept any bank-annuities or life-annuities under the provisions of this act, or to receive any life-annuities, or any payment or payments due or to become due thereon, or shall wilfully, falsely, and deceitfully personate any true and real nominee or nominees, or shall wilfully deliver or produce to any person or persons acting under the authority of this act, or shall utter any such forged register, certificate, affidavit, or affirmation, knowing the same to be forged, counterfeited, or altered, with intent to defraud his majesty, his heirs, &c. or any other person or persons whomsoever;" then, and in every such case, all and every person or persons so offending, shall be adjudged guilty of felony, without benefit of clergy. The 49 G. 3. c. 64. was passed to amend the 48 G. 3. c. 142.; and, (by s. 3.) it enacts, "that if any person or persons shall wilfully, falsely, and deceitfully, personate any true and real nominee or nominees, or shall wilfully, falsely, and deceitfully represent any other person or persons than the true and real nominee or nominees to be such true or real nominee or nominees, or shall forge, counterfeit, or alter, or act, or assist in forging, counterfeiting, or altering any certificate or certificates to be granted by the said officer in pursuance of this act, or shall utter any such forged certificate knowing the same to be forged, counterfeited or altered, with intent to defraud his majesty, his heirs, &c.

or