A Treatise on Crimes and Indictable Misdemeanors

56 Geo. 3. c.

to the posses

sion by persons licensed to deal in

stamps in Ireland, of vellum, paper,

&c. with coun

marks, &c.

"mitted; or if any person or persons shall use, utter, vend or "sell, or cause to be used, uttered, vended or sold, or shall have in "his or her possession with intent to use, utter, vend or sell the "same, any vellum, parchment or paper, or other matter, with << any counterfeit device, mark or impression thereon, to resemble or represent, or be mistaken for any device, mark or impression "which has been or shall be used, kept or made at the stamp"office aforesaid for the purposes aforesaid, or any of them, al"though not then used or kept for the said purposes, or any of them, or although the duty denoted thereby shall not be then "payable in Ireland, knowing such device, mark or impression to "be counterfeited, or if any officer or officers in the employment "of the commissioners of stamps, or any other person or persons "whatever, shall, with intent to defraud his Majesty, his heirs, " &c. mark or impress, or cause or procure to be marked or impressed, or be aiding, abetting, or assisting in marking or impressing, or in causing or procuring to be marked or impressed any stamp, mark or impression, denoting any of the said stamp "duties on any vellum, parchment or paper, or other matter di "rected to be stamped, not delivered to him or them by or by the

authority of the said commissioners of stamps for the purpose "of being stamped with any type, die, mark or stamp, which has "been or shall be used, kept or made at the stamp office afore"said, for denoting the charging or marking on vellum, parch"ment or paper, any of the said stamp duties so payable under or by virtue of any act of parliament, although such type, die, "mark or stamp shall not be then kept at the said stamp office, "or the duty denoted thereby shall not be then payable in Ire"land; or if any person or persons shall, with intent to defraud "his Majesty, his heirs, &c. knowingly have in his, her or their possession any vellum, parchment or paper, or other matter required to be stamped, so fraudulently stamped or marked with "any mark or stamp to denote any of the aforesaid duties," then and in every of the said cases, every such person so offending shall be adjudged a felon, and shall be transported for life.

The thirty-eighth section enacts that, whenever any vellum, 56. s. 38. As parchment, or paper, shall be found in the possession of any person licensed to deal in and retail stamps in Ireland, or who shall have been so licensed within six calendar months then next preceding, having impressed thereon any counterfeit device, mark or impression to resemble or liable to be mistaken for any device, &c. used kept or made at the said stamp-office, although such device, &c. shall not then be so used or kept; or although the duty terfeit devices, denoted thereby shall not be then payable in Ireland; in every such case the person in whose possession such vellum, &c. shall be so found, shall be deemed to have had the same in possession with intent to use, utter or vend the same with such counterfeit device, &c. thereon, unless the contrary shall be satisfactorily proved; and shall also be deemed to have had such vellum, &c. in possession, knowing the stamps, devices, &c. thereon to be forged and counterfeited, and be liable to all punishments, &c. inflicted upon persons using, uttering or vending false, forged or counterfeit stamps, or having such false, forged or counterfeit stamps in

their possession, knowing the same to be forged, unless such person shall in all cases satisfactorily prove that such vellum, &c. and the stamps thereon, were procured at the stamp-office in Dublin, or from some distributor of stamps in Ireland.

ing, &c. or

sion of without excuse any

office," or so

paper with

culiar to the

stamps.

The fifty-second section of this statute enacts, that "if any 56 Geo. 3. c. person not being an officer, workman, servant, or agent for the 56. s. 52. "time being of the said commissioners of stamps, and authorised (Irish). Mak"and appointed by them for that purpose and for their use only, having posses"shall make or use, or cause or procure to be made or used, or "knowingly aid or assist in making or using, or, without being frame, &c. for "authorised and appointed as aforesaid, shall knowingly have in paper with the "his, her, or their custody or possession, without lawful excuse words" stamp (the proof whereof shall be on the person accused) any frame, making, "mould, or instrument for the making of paper in the substance or having pos"whereof the words' stamp-office,' or the greater part of such session of any "words would be visible, or in the substance whereof any device those words, "or distinction would be visible, peculiar to and appearing in the or with any "substance of the paper which shall from time to time be used by device, &c. pc"the commissioners of stamps as aforesaid; or shall make, or paper used by cause or procure to be made, or knowingly aid or assist in the commis"making any paper in the substance whereof there shall be sioners of "visible the said words' stamp-office,' or the greater part of such "words, or any such device or distinction peculiar to and appear"ing in the substance of the paper which shall be so used by the "said commissioners of stamps; or if any person, not being "authorised or appointed as aforesaid, shall knowingly have in his "or her custody or possession, without lawful excuse, (the proof "whereof shall be on the person accused) any paper whatsoever in "the substance whereof there shall be visible the words 'stamp"office,' or the greater part of such words, or any device or dis"tinction peculiar to and appearing in the substance of paper so "from time to time used by the said commissioners; or if any person not being authorised or appointed as aforesaid, shall by any art, device, mystery, or contrivance, cause or procure, or "knowingly aid or assist in causing or procuring to appear in the "substance of any paper whatsoever the words stamp-office,' or "the greater part of such words, or any such device or distinction peculiar to and appearing in the substance of the paper which "shall be so used by the said commissioners of stamps;" every person so offending in any of the said cases shall be adjudged a felon, and shall be transported for the term of his or her life.

56. s. 58. im

in evasion of

By the fifty-eighth section, a pecuniary penalty of forty pounds 56 Geo. 3. c. is imposed upon any person who, for the purpose of evading any poses a penalof the stamp duties payable in Ireland, shall execute any stamped ty of 401. for instrument without a date, or bearing date prior to the execution, several frauds or shall fraudulently erase, &c. the name of any person or any the stamp dudate, &c. engrossed or written in such instrument, or shall frau- ties in Ireland. dulently cut, tear, or take off any mark or stamp from any piece of vellum, &c. with intent to use them for any other writing, &c. in respect whereof any stamp duty shall then be payable.

The statute 56 Geo. 3. c. 78. entitled "An act for the better "regulating and securing the collection of the duties on paper in "Ireland, and to prevent frauds therein," imposes large pecu

VOL. II.

2 E

56 Geo. 3. c. 78. imposes penalties on persons forg

ing stamps,

&c. on pasteboard, paper, &c.

Forging, &c.

the assay marks or

stamps on gold and silver ma

nufactures.

13 Geo. 3. c.

used for gold

by the Gold

smiths' Company, or by

the assayer or workers of

niary penalties on persons forging stamps, &c. on any pasteboard, paper, &c. or having in possession or using such forged stamps ; and, generally, upon persons counterfeiting any stamps, &c. provided in pursuance of that act, having them in possession knowing them to be counterfeited, selling any paper with counterfeited stamps, &c. thereon, or committing other offences of a like nature. (e)

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 Geo. 2. c. 26. s. 8. by pecuniary forfeiture, and imprisonment in default of payment. But that provision was repealed by the statute 31 Geo. 2. c. 32. s. 14, which statute, by s. 15. made the forging or counterfeiting the stamp, &c. used for making plate in pursuance of the 12 Geo. 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, counterfeit or transposed mark, and the having such stamp, &c. in possession, felony without benefit of clergy. This section of the 31 Geo. 2. c. 32. after having been amended by the 32 Geo. 2. c. 24. was repealed by 13 Geo. 3. c. 59. s. 1. And the second section of the latter statute made similar offences felony, punishable by transportation for fourteen years.

This section of the 13 Geo. 3. c. 59. enacts, "That if any per59. s. 2. Forg-son whatsoever shall cast, forge or counterfeit, or cause or proing, &c. any mark or stamp cure to be cast, forged or counterfeited, any mark or stamp "used, or to be used, for the marking or stamping gold or silver or silver plate 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, Ches"ter, Norwich or Newcastle-upon-Tyne, or by any maker or plate, or forg-"worker of gold or silver plate, or any or either of them; or shall ing, &c. in "cast, forge or counterfeit, 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 66 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 &c.; or selling 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 re"semble 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

imitation of such mark, stamp, &c. or marking, &c. any wrought plate or base

metal with a forged mark

or stamp, or transposing any marks,

or exporting

plate or base metal with forged or transposed marks, &c.;

or being pos

(e) S. 43, 64, 65.

"gold or silver plate, or any or either of them; or shall transpose or remove, or cause or procure to be transposed or re"moved, from one piece of wrought plate to another, or to any "vessel of such base metal as aforesaid, any mark, stamp or im"pression, made or to be made, by or with any mark or stamp "used, or to be used, as aforesaid, by the said Company of Gold"smiths 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 Gold"smiths 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 con"victed, 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."

sessed, knowingly, of forgmade punishable by trans14 years. portation for

ed marks, &c.;

Geo. 3. c. 69.

milar form to

The statute 24 Geo. 3. sess. 2. c. 53., which required the mark of 24 Geo. 3. sess. the king's head to be added both to gold and silver manufactures 2. c. 53. and 38 to denote the payment of the duty thereby imposed, contains containing similar provisions, not only with respect to such duty mark, but provisions with respect to the assay marks, and applies to such marks when nearly in a siused by the company of goldsmiths in Edinburgh, and by the the 13 Geo. 3, Birmingham and Sheffield company, as well as by the company c. 59. of goldsmiths in London, and by the wardens or assayers at York, Exeter, Bristol, &c. and it makes the offenders guilty of felony without benefit of clergy. (f) After this came the 38 Geo. 3. c. 69. (which allowed gold wares to be manufactured at a lower standard than before) and contains provisions nearly in a similar form to those of the 13 Geo. 3. c. 59. s. 2. as to the forging, &c. any mark or stamp used, "in pursuance of this act," for the marking or stamping gold plate by the company of goldsmiths in London or Edinburgh, or the Birmingham or Sheffield company, or by the wardens or assayers at York, Exeter, Bristol, &c.; but it does not extend to marks, &c. used by any maker or worker of gold plate; and the description of articles, the marking or stamping of which with a forged or counterfeited mark or stamp is made one of the offences therein enumerated, is, "any wrought plate of gold, or any wares of silver, brass, or other metal, gilt over, and

(f) S. 16. And it refers to the 1st December, 1784, instead of the 5th July,

1758.

Cutting, getting off, &c. stamps from paper, with

intent to use them.

12 Geo. 3. c. 48. Any person writing any writ, mandate, &c. on paper, &c.

"resembling plate of gold." And the offences therein enumerated are not made capital, but felonies punishable by transportation for seven years. (g) It is observed as singular that when the subject was under the review of the legislature, and the punishment for the offences under this act limited to transportation, offenders ejusdem generis under a former act (24 Geo. 3. sess. 2. c. 53. s. 16.) should be left subjected to capital punishment. (h)

&c.

We have seen that the late stamp act 55 Geo. 3. c. 184. s. 7. makes the fraudulent cutting or getting off any stamp from any paper, &c. with intent to use the same upon any other paper, chargeable with the duties thereby granted a capital offence. (i) A former statute, 12 Geo. 3. c. 48. contains more general provisions; but makes the offences therein mentioned felony, punishable only by transportation. It enacts, "that if any person or persons shall write or engross, or cause to be written or en"grossed, either the whole or any part of any writ, mandate, whereon there" bond, affidavit, or other writing, matter or thing whatsoever, in shall have been "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, parchor fraudulent- "ment, or paper, shall have been again marked or stamped acly erasing "cording 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 writ"ten in such writ, mandate, affidavit, bond, or other writing, mat"ter or thing, as aforesaid, or fraudulently cut, tear, or get off any

before written any other writ, &c. liable to duty, before

such paper,&c.

shall have been again stamped;

names, sums,

&c. or getting off any stamp from any paper, &c. with intent to use

it, is guilty of felony, and may be transported for

seven years.

And an offender escaping or return

ing from transportation, is to

suffer as a felon without benefit of clergy.

As to stamps

on paper, &c. in respect whereof any duty of excise is imposed.

mark or stamp, in respect whereof or whereby any duties are or "shall be payable, or denoted to be paid or payable as aforesaid, "from any piece of vellum, parchment, paper, playing cards, out"side 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.

The statutes 47 Geo. 3. sess. 2. c. 80. s. 13. and 49 Geo. 3. c. 81. s. 1. by which the counterfeiting stamps, &c. upon paper, which any &c. upon excise duty was imposed, were repealed by 1 Geo. 4. c. 58. s. 12. and by this latter statute (s. 13.) the counter

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A Treatise on Crimes and Indictable Misdemeanors, Volume 2