FOREIGN SERVICE.

Engaging in foreign military service, without licence.] If any natural born subject, without leave or licence under the sign manual, or signified by order in council or proclamation, shall accept or agree to accept any military commission, or enter into the military service as a commissioned or noncommissioned officer, or shall enlist or agree to enlist as a soldier, or to be employed in or shall serve in any military or warlike operation for or in the service of any foreign prince, state, potentate, colony, province or part of a province, or of any person assuming to exercise the powers of government in or over any foreign country: misdemeanor, fine or imprisonment or both, at the discretion of the court. 59 G. 3, c. 69, 8. 2.

Commitment:-on- at, being then and there a natural born subject of Her Majesty Queen Victoria, did unlawfully and without any leave or licence in that behalf enter into the military service of a certain foreign state, to wit, of, as a commissioned officer, to wit, as a captain; against the form of the statute in such case made and provided. And you the said keeper, &c.

The like in the naval service.] If any natural born subject, without such leave or licence as aforesaid, shall accept or agree to accept an appointment as officer, or agree to enter himself as sailor or marine, to serve in any vessel of war, or ship to be used for any warlike purpose, for or in the service of any foreign power, prince, state, potentate, colony, province or part of a province, or of any person assuming to exercise the powers of government in or over any foreign country misdemeanor, fine or imprisonment or both. 59 G. 3, c. 69, s. 2. The commitment may readily be framed, from the form under the last head.

Going abroad, for the purpose of enlisting, &c.] If any natural born subject, without such leave or licence as aforesaid, shall go or agree to go to any foreign country, in order to enlist or serve in any warlike operation, whether by land or sea, in the service of any foreign prince, state, &c. either as officer, soldier, sailor or marine, although no enlistment money, pay or reward shall be given to or accepted by him: misdemeanor, fine or imprisonment or both. 59 G. 3,

c. 69, s. 2.

Engaging &c. others, in such service.] If any person, in any

of Her Majesty's dominions or colonies, shall engage or endeavour to engage persons to enlist or serve in any such service, as officer, soldier, sailor or marine, for or under or in aid of any foreign prince, state, &c. or to embark from any of Her Majesty's dominions with such intent: misdemeanor, fine or imprisonment, or both. 59 G. 2, c. 69, s. 2.

And every master of a vessel, knowingly taking or engaging to take them on board, shall forfeit £50 for each person, to be recovered by action of debt, s. 10., and his ship may be seized and detained by the officers of the customs, until such penalty be paid, "or until the owner of such ship or vessel shall give good and sufficient bail by recognizance, before a justice of the peace, for the payment of such penalty. Id. s. 6.

Offenders to be apprehended, &c.] Any justice of the peace, residing at or near to any port where any such offence shall be committed, on information on oath of any such offence, may issue his warrant for the apprehension of the offender, and cause him to be brought before himself or any other justice of the peace; and the justice before whom he is brought may examine into the nature of the offence upon oath, and may commit such person to gaol, there to remain until delivered by due course of law, unless such offender shall give bail, to the satisfaction of the said justice, to answer to any information or indictment for the said offence. 59 G. 3, c. 69, s. 4.

Fitting out vessels of war for foreign states.] If any person, within Her Majesty's dominions, shall without the leave and licence of Her Majesty as aforesaid, equip, furnish, fit out or arm any ship or vessel, or endeavour to do so, or be concerned in doing so, with intent that it shall be employed in the service of any foreign prince, state, &c. or with intent to cruise or commit hostilities against any foreign prince, state, &c. not at war with this country; or shall issue or deliver any commission for such ship or vessel, with intent that it shall be so employed; misdemeanor, fine or imprisonment or both, and the ship may be seized and forfeited. 59 G. 3, c. 69, s. 7.

Or if any person, within Her Majesty's dominions, without such leave and licence, shall, by adding to the number of guns, or changing them for others, or by the addition of any equipment for war, be concerned in increasing or augmenting the warlike force of any ship or vessel of war in the service of any foreign prince, state, &c. : misdemeanor, fine or imprisonment, or both. Id. s. 8.

FORESTALLING, &c.

Forestalling, or the buying up of dead victual on its way to market; engrossing, or the buying of the like in gross, for the purpose of again selling in gross; and regrating, or the purchasing of the like in a market, for the purpose of afterwards selling the same in the same market or other market in the immediate neighbourhood: if this be done for the purpose of raising the price of the article, or if any other similar device be resorted to for the like purpose: the party will be guilty of a misdemeanor at common law, and punishable with fine or imprisonment, or both. See R. v. Wadding ton, 1 East, 143, 166. 1 Hawk. c. 80.

FORGERY.

1. As to the Seals or Sign Manual.
2. As to Private Securities, &c. p. 364.

Bills, checks, bank notes, wills, Exchequer Bills,
India bonds, p. 364.

Deeds, bonds, receipts, orders for goods, &c. p. 367.
Foreign instruments, p. 367.

3. As to forged bank notes, bank note paper, &c. p. 368.
Forging Bank of England notes, p. 368.

Buying or having forged bank notes, p. 368.

Making paper for forged bank notes, or moulds, p. 368.

Making, having or using plates for bank notes, or blank notes, p. 369.

Making other bankers' paper, or moulds, p. 371. Making, using &c. plates for other bankers' notes, p. 371.

Making, using, &c. plates for notes of foreign bankers, &c. p. 372.

Possession of them, what shall be deemed, p. 372.

4. As to the public Funds, &c. p. 373.

Forging transfers of stock, or powers of attorney, p. 373.

Forging the attestation of such power of attorney, p. 373.

Personating the owner of stock, p. 374.

Making false entries in the books, as to the public funds, p. 374.

Making out false dividend warrants, p. 375.

5. As to public documents, p. 375.

Recognizances, fines, &c. in another's name, p. 375.
False entries in registers of baptism, &c. p. 375.
Making false entries in the copies sent to the regis-
trar, p. 377.

6. Prosecution of offences, &c. p. 377.

Offences, where to be tried, &c. p. 377.
Principals and accessaries, p. 377.
Hard labour, &c. p. 378.

1. Forgery of the Seals or Sign Manual.

The Seals or Sign Manual.] "If any person shall forge or counterfeit, or shall utter knowing the same to be forged or counterfeited, the great seal of the united kingdom, His Majesty's privy seal, and privy signet of His Majesty, His Majesty's seals appointed by the 24th article of the union to be kept, used, and continued in Scotland, the great seal of Ireland, or the privy seal of Ireland: treason, 1 W. 4, c. 66, s. 2, transportation for life or for not less than seven years, or imprisonment with or without hard labour for not more than four nor less than two years. 1 Vict. c. 84, s. 1.

The impression of the seal upon wax, and not the seal itself, is what is here meant. If a good seal be taken from an old instrument, and affixed to a forged one, it is doubtful if this be a counterfeiting of the seal, and treason. See the cases

cited. 2 Arch. P. A. 229.

Commitment: on at, the great seal of the united kingdom to a certain instrument, purporting to be a patent and grant from the crown, falsely, deceitfully and traitorously did forge and counterfeit; against the duty of his allegiance, and against the form of the statutes in such case made and provided. And you the said keeper, &c.

2. Forgery of Private Securities, &c.

Bills, checks, bank notes,wills, exchequer bills, East India bonds.] If any person shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any exchequer bill or exchequer debenture, or any indorsement on or assignment of any exchequer bill or exchequer debenture; -or any bond under the common seal of the united company of merchants of England, trading to the East Indies, commonly called an East India bond, or any indorsement on or assignment of any East India bond;—or any note or bill of exchange of the governor and company of the bank of

England, commonly called a bank note, a bank bill of exchange, or a bank post bill, or any indorsement on or assignment of any bank note, bank bill of exchange, or bank post bill;-or any will, testament, codicil, or testamentary writing;—or any bill of exchange or any promissory note for the payment of money, or any indorsement on or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any undertaking, warrant, or order for the payment of money;—with intent, in any of the cases aforesaid, to defraud any person whatsoever : felony, 1 W. 4, c. 66, s. 3, transportation for life or for not less than 7 years, or imprisonment with or without hard labour for not more than four nor less than two years. 1 Vict. c. 84, s. 1, 2.

And it is immaterial how such instrument or writing is designated, if in law it be a will, testament, codicil, or testamentary writing, or a bill of exchange or a promissory note for the payment of money, or an indorsement on or assignment of a bill of exchange or promissory note for the payment of money, or an aceeptance of a bill of exchange or an undertaking, warrant, or order for the payment of money, within the true intent and meaning of this Act. 1 W. 4, c. 66, s. 4.

Forgery, is the making of a false instrument, which on the face of it appears to be good and valid for the purpose for which a general instrument of the same nature would have been created, with intent to defraud some person or persons. See R. v. Jones, 2 East, P. C. 991. The instrument must appear to be complete upon the face of it: and therefore where a forged check, R. v. Richards, R. & Ry. 193, or navy bill, R. v. Randall, Id. 195, left a blank for the name of the payee, and where a forged order for payment of money, R. v. Ravenscroft, R. & Ry. 161, and a forged bill of exchange, R. v. Hunter, Id. 511, were not directed to any person, the judges held that the parties concerned in the forgeries could not be convicted. See 2 Arch, P. A. 235–237, 250.

In proving the forgery, the forged instrument must be produced, if it be in the hands of the prosecutor, or he can procure its production by subpoena duces tecum or otherwise; but if it be destroyed or lost, How v. Hall, 14 East, 276, n. per Lord Ellenborough, C. J. R. v. Hawarth, 4 Car. & P. 254, or be in the possession of the offender, and he refuse to produce it upon due notice to him to do so, R. v. Hunter, 3 Car. & P. 591, R. v. Hunter, 4 Id. 128, the prosecutor may give secondary evidence of its contents. It must be proved to be forged; and the party, whose name is alleged to be forged, is now a competent witness to prove the forgery. 9 G. 4, c. 32, s. 2. But signing an instrument in a fictitious name, is as much a forgery, as forging the name of an existing person. R. v. Hamp