66 66 66 &c. upon any plate, wood, &c. any words, &c. the imwhich shall pression from resemble bank notes or bank shall contain post bills, or any words, &c. in white on a dark ground (without authority) or shall use any such plate, &c. or knowingly have in custody any such plate, &c. or knowingly utter or have in possession any paper or containing such words, fender shall be adjudged a Bank of England. It enacts "that if any person shall engrave, shall engrave, cut, etch, scrape, or by any other means or device make, or "shall cause or procure to be engraved, cut, etched, scraped, or "by any other means or device made, or shall knowingly aid or "assist in the engraving, cutting, etching, scraping, or by any "other means or device making, in or upon any plate of copper, "brass, steel, pewter, or of any other metal or mixture of me"tals, or upon wood or any other 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 com66 monly 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 autho"rity as aforesaid) use any such plate, wood, or other material so engraved, cut, etched, scraped, or by any other means or de"vice 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, felon, and sable, or dark ground; or if any person or persons shall (with- for fourteen "out such authority as aforesaid) knowingly have in his, her, or years, "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 pos"session 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." pa other material &c. such of transported The sixth section provided that nothing in the act contained S. 6. excepts should apply to any paper or writing whatsoever, (other than paper (other than paper repers or writings resembling such notes, or bills, as aforesaid), sembling containing any impression from any plate or plates, or other de- notes or bills) vice whatsoever, with white letters upon black, sable, or dark in the custody ground which should, previous to the passing of the act, have been previous to in the custody of any person or persons whatsoever. (d) the passing of the act. (d) The 53 Geo. 3. c. 139. reciting this act, and that bankers had in ignorance of its provisions made and issued notes, containing white letters or figures on a dark ground, and that it was expedient to give a reasonable time to them to call in VOL. II, such notes, and to issue others, enact- 2 D of any person 1 G. 4. c. 92. s. 1. Engraving, &c. on any plates for producing an impression of all or any part of a bank note of the bank of Eng land without authority; The statute 1 G. 4. c. 92. after reciting the increase of the forgery of the notes of the Governor and Company of the Bank of England, and the difficulty of detection, and a new plan for printing such notes enacts (by s. 1.) "that if any person or persons "(other than the officers, workmen, servants, and agents for the "time being of the said Governor and Company, to be authorised "and appointed for that purpose by the said Governor and Company, and for the use of the said Governor and Company, "only,) shall engrave, cut, etch, scrape, or by any other art, "means, or device make, or shall cause or procure to be engraved, cut, etched, scraped, or by any other art, means, or device "made, or shall knowingly aid or assist in the engraving, cutting, "etching, scraping, or by any other art, means, or device making "in or upon any plate of copper, brass, steel, iron, pewter, or "of any other metal or mixtures of metal, or upon wood or other "materials, or any plate whatsoever, for the purpose of produc66 ing a print or impression of all or any part or parts of a bank "note, or of a blank bank note, of the said Governor and Com66 pany, of the description aforesaid, without an authority in writing "from the said Governor and Company, or shall use any such plate "so engraved, cut, etched, scraped, or by any other art, means, or "device made or shall use any other instrument or contrivance for "the making or printing any such bank note or blank bank note, or part of a bank note of the description aforesaid; or if any person "or persons shall from and after the passing of this act, without tering any im- "such authority as aforesaid, knowingly and without lawful excuse pression from "have in his, her, or their custody any such plate or instrument, "or, without such authority as aforesaid, shall knowingly or "wilfully utter, publish, dispose of or put away any such blank "bank note, or part of such bank note, of the description afore"said, every person so offending in any of the cases aforesaid, "and being thereof convicted according to law, shall be adjudged transportation a felon, and shall be transported for the term of fourteen "years." or using such plate; or having such plate in custody; or ut it : for fourteen years. S. 2. Punish ment of per sons engraving, &c. on any plate any resemblance The second section of the same statute after reciting that divers frauds had been practised by making and publishing papers with certain words and characters so nearly resembling the notes of the Governor and Company of the Bank of England, as to appear, to ignorant and unwary persons, to be the notes of the said Go any word, &c. in white on a dark 1 post-bills, or the using any plate or other material, upon which any such word, &c. might be engraved, &c. or the using any other instrument or device for making or printing any such word, &c. or the having any such plate, instrument, or device in possession, or the uttering, &c. or having in possession any paper or other material containing any such word, &c. : and it provided also, that nothing therein contained should repeal or suspend any enactment, &c. contained in the 13 Geo. 3. c. 79. (ante, 397, et sequ.) work intended work of a Bank of Eng land note, without the authority of the Bank; vernor and Company; and that it was necessary for the security of ground of the public that such practices as applied to the notes of the said to resemble Governor and Company of the aforesaid description should be pre- the ground vented, enacts, "that if any person or persons from and after the "passing of the act, shall engrave, cut, etch, scrape, or by any "other art, means, or device make, or shall cause or procure to "be engraved, cut, etched, scraped, or by any other art, means "or contrivance made, or shall knowingly aid or assist in the en"graving, cutting, etching, scraping, or by any other art, means, ❝or contrivance making, in or upon any plate of copper, brass, "steel, iron, pewter, or of any other metal or mixture of metals, "or upon wood or any other materials, or upon any plate what"soever, any line work, as or for the ground work of a promis"sory note or bill of exchange, the impression taken from which "line work shall be intended to resemble the ground work of a "bank note of the said Governor and Company of the descrip❝tion aforesaid, or any device the impression taken from which "shall contain the words Bank of England,' in white letters, 66 upon a black, sable, or dark ground, either with or without "white or other lines therein, or shall contain in any part thereof "the numerical sum or amount of any promissory note or bill of "exchange in black and red register work, or shall shew the "reversed contents of a promissory note or bill of exchange, or "of any part of a promissory note or bill of exchange, or shall "contain any word or words, figure or figures, character or cha racters, pattern or patterns, which shall be intended to resem"ble the whole or any part of the matter or ornaments of any "bank note of the description aforesaid, or shall contain any "word, number, figure, or character in white, on a black, sable, "or dark ground, either with or without white or other lines "therein, which shall be intended to resemble the numerical sum or amount in the margin, or any other part of the bank "note of the said Governor and Company, without an author"ity in writing for that purpose from the said Governor and "Company, to be produced and proved by the party accused; "or if any person or persons shall, from and after the passing of "this act, (without such authority as aforesaid,) use any such plate, or using such "wood, or other materials, so engraved, cut, etched, scraped or plate, &c. "by any other art, means, or contrivance made, or shall use any "other instrument or contrivance for the making or printing upon "any paper or other material, any word or words, figure or figures, "character or characters, pattern or patterns, which shall be in"tended to resemble the whole or any part of the matter or or"naments of any such note of the said Governor and Company, "of the description aforesaid, or any word, figure, or character, "in white, on a black, sable, or dark, ground, either with or with"out white or other lines therein, which shall be apparently in"tended to resemble the numerical sum or amount in the margin, 66 or any other part of any bank note of the said Governor and "Company; or if any person or persons shall, from and after the or having such "passing of this act, without such authority as aforesaid, know- plate in posingly have in his, her, or their custody or possession, any such session, or utplate or instrument, or shall knowingly and wilfully utter, pub- pression from 66 66 2 D 2 tering any im it: "lish or dispose of, or put away any paper or other material con"taining any such word or words, figure or figures, character or "characters, pattern or patterns as aforesaid, or shall knowingly "or willingly 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, pattern or patterns 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 transportation law, shall be adjudged a felon, and shall be transported for the "term of fourteen years." for fourteen years. S. 3. provides may cause an impression to be made upon the note by machinery in lieu of signa ture by handwriting. The third section of the same statute after reciting that it was that the Bank expedient that the name or names of the person or persons intrusted and authorised by the said Governor and Company to sign bank notes on behalf of the said Governor and Company, should be impressed by machinery upon bank notes of the description aforesaid in such form as might from time to time be adopted by the said Governor and Company, instead of being subscribed in the hand-writing of such person or persons, respectively, and that doubts might arise respecting the validity of such notes; enacts, "that all bank notes of the said Governor and Company "of the description aforesaid, whereon the name or names of any person or persons instructed or authorised to sign such notes on "behalf of the said Governor and Company shall or may be impressed by machinery provided for that purpose by the said "Governor and Company, and with the authority of the said Go"vernor and Company, shall be and be taken to be good and valid "to all intents and purposes, as if such notes had been subscribed "in the proper hand-writing of the person or persons intrusted or "authorised by the said Governor and Company to sign the same respectively, and shall be deemed and taken to be bank notes "within the meaning of all laws and statutes whatsoever, and "shall and may be described as bank notes in all indictments and "other criminal and civil proceedings whatsoever; any law, sta"tute, or usage to the contrary notwithstanding." Cases upon 66 66 A case has been already noticed in which it was holden, upon these statutes. one of the statutes relating to forgeries upon the Bank of England, namely, the 8 & 9 W. 3. c. 20. s. 36., (e) that the expunging by means of lemon-juice an indorsement on a bank note, was holden to be a rasing of the indorsement. (f) And in the enquiry in a former chapter as to the resemblance which the forged instrument must bear to one that is genuine, a case upon the statute 15 Geo. 2. c. 13. s. 11. (g) was mentioned, where it was holden that the resemblance to a bank note must appear on the face of the instrument; and that a signature "for Self and Co. of "my bank in England," did not support an allegation that the paper purported to be a bank note: and further, that the representation of the prisoner could not alter the purport of the instrument. (h) (e) Ante, 396. (f) Rex v. Bigg, 3 P. Wms. 419. Ante, 320. (g) Ante, 396. Palmer and Hudson's case. Where one of the prisoners knowingly de ed bank note to the other prisoner for the purpose of its being knowingly uttered, by her, ed it accordingly, it was the prisoner, and she utter holden that such note, victed of having" disposed might be con "of and put "away" the same on the statute 15 Geo. Amongst the few reported decisions upon the particular construction of these statutes, it appears to have been holden that a person knowingly delivering a forged bank note to another, for the purpose of its being knowingly uttered by such person, might, in case the note were uttered accordingly, be convicted of having livered a disposed of and put away" such note within the statute 15 Geo. 2. c. 13. s. 11.; the provisions of which are contained, as has been before observed, in the more recent statute 45 Geo. 3. c. 89. s. 2. (i) The indictment charged the two prisoners, John Palmer and Sarah Hudson, in one of several counts, with feloniously disposing of and putting away a forged bank note, knowing it to be forged. Upon the evidence it appeared, that the prisoner Palmer had been in the habit of putting off forged bank notes, and had employed the prisoner Hudson in putting them off; that on a certain day being at a public-house, he sent out Hudson with the who delivered forged note in question, for the purpose of passing it; that she went to a neighbouring shop, purchased some handkerchiefs for six shillings, and tendered the note in payment, which was suspected and stopped, and upon examination appeared to be forged; that on the evening of the same day, Palmer went with her to the shop; and when he got there said, "This woman has been here "to-day, and offered a two pound note which you have stopped; 2. c. 13. s. 11. "it is my note, and I must have either the note or the change.' Upon these facts it was objected by the counsel for the prisoners, that the evidence related to two distinct and separate offences, and not to one joint offence; and the learned Judge directed the jury to consider whether the woman was guilty of uttering the note at the shop, or the man of disposing of it to her; but told them that they could not convict both; that the man could not be convicted, unless they were satisfied that he gave the very note stated in the indictment to the woman for a fraudulent purpose, knowing it to be a bad one; nor the woman, unless they were satisfied that she put the note away knowing it to be forged; and that they must consider which they would convict, if either appeared to be guilty. The jury acquitted the woman, and found Palmer guilty; but judgment was respited, in order that the opinion of the Judges might be taken upon the question, whether the evidence given would support the conviction. Their opinion was afterwards delivered by Rooke, J., who first stated with respect to one of the counts in the indictment which charged the prisoners with uttering and publishing the note as true, knowing it to be forged, that it seemed to be the general opinion of the Judges, that if the woman had not known the note to be forged, Palmer might have been rightly convicted on that count; according to the doctrine, that where an innocent person is employed for a criminal purpose, the employer must be answerable: () but as it appeared that she knew the note to be forged, the Judges had formed no opinion upon the evidence as applying to that count, thinking it sufficient to consider the case upon the count which charged the prisoners with disposing of and putting away the note in question. He then proceeded to state, that upon the point whether the facts (i) Anle, 396, et sequ. (k) Fost. 349. Ante, Vol. I. p. 423. |
