Page images
PDF
EPUB

Making other Bankers' paper or moulds.] And "if any person shall make or use any frame, mould, or instrument for the manufacture of paper, with the name or firm of any person or persons, body corporate, or company carrying on the business of bankers (other than the Bank of England) appearing visible in the substance of the paper, without the authority of such person or persons, body corporate, or company, the proof of which authority shall lie on the party accused; or if any person shall, without lawful excuse, the proof whereof shall lie on the party accused, knowingly have in his custody or possession any such frame, mould, or instrument;-or if any person shall, without such authority, to be proved as aforesaid, manufacture, use, sell, expose to sale, utter, or dispose of, or shall, without lawful excuse, to be proved as aforesaid, knowingly have in his custody or possession, any paper in the substance of which the name or firm of any such person or persons, body corporate, or company carrying on the business of bankers shall appear visible;—or if any person shall, without such authority, to be proved as aforesaid, cause the name or firm of any such person or persons, body corporate, or company carrying on the business of bankers, to appear visible in the substance of the paper upon which the same shall be written or printed:" felony, transportation for not more than fourteen years nor less than seven, or imprisonment with or without hard labour for not more than three years nor less than one. Id. s. 17.

Making, using, &c., plates for other Bankers' notes.] And "if any person shall engrave or in anywise make upon any plate whatever, or upon any wood, stone, or other material, any bill of exchange or promissory note for the payment of money, or any part of any bill of exchange or promissory note for the payment of money, purporting to be the bill or note, or part of the bill or note, of any person or persons, body corporate or company carrying on the business of bankers, (other than and except the Bank of England,) without the authority of such person or persons, body corporate, or company, the proof of which authority shall lie on the party accused ;-or if any person shall engrave or make upon any plate whatever, or upon any wood, stone, or other material, any word or words resembling, or apparently intended to resemble, any subscription subjoined to any bill of exchange or promissory note for the payment of money issued by any such person or persons, body corporate, or company carrying on the business of bankers, without such authority, to be proved as aforesaid;-or if any person shall, without such authority, to be proved as aforesaid, use, or shall, without lawful excuse, to be proved by the party accused, knowingly have in his custody or possession, any plate, wood, stone, or other material upon which any such

bill or note, or part thereof, or any word or words resembling, or apparently intended to resemble, such subscription, shall be engraved or made;—or if any person shall, without such authority, to be proved as aforesaid, knowingly offer, utter, dispose of, or put off, or shall, without lawful excuse, to be proved as aforesaid, knowingly have in his custody or possession any paper upon which any part of such bill or note, or any word or words resembling, or apparently intended to resemble, any such subscription, shall be made or printed :" felony, transportation for not more than fourteen years or less than seven, or imprisonment with or without hard labour for not more than three years nor less than one. Id. s. 18.

Making, using, &c., plates for notes of foreign bankers, &c.] "If any person shall engrave or in anywise make upon any plate whatever, or upon any wood, stone, or other material, any bill of exchange, promissory note, undertaking, or order for payment of money, or any part of any bill of exchange, promissory note, undertaking, or order for payment of money, in whatever language or languages the same may be expressed, and whether the same shall or shall not be or be intended to be under seal, purporting to be the bill, note, undertaking, or order, or part of the bill, note, undertaking, or order, of any foreign prince or state, or of any minister or officer in the service of any foreign prince or state, or of any body corporate, or body of the like nature, constituted or recognized by any foreign prince or state, or of any person or company of persons resident in any country, not under the dominion of His Majesty, without the authority of such foreign prince or state, minister or officer, body corporate or body of the like nature, person or company of persons, the proof of which authority shall lie on the party accused; or if any person shall, without such authority, to be proved as aforesaid, or shall, without lawful excuse, to be proved by the party accused, knowingly have in his custody or possession, any plate, stone, wood, or other material, upon which any such foreign bill, note, undertaking, or order, or any part thereof, shall be engraved or made; or if any person shall, without such authority, to be proved as aforesaid, knowingly offer, utter, dispose of, or put off, or shall, without lawful excuse, to be proved as aforesaid, knowingly have in his custody or possession, any paper upon which any part of such foreign bill, note, undertaking, or order shall be made or printed:" felony, transportation for not more than fourteen years or less than seven, or imprisonment with or without hard labour for not more than three years nor less than one. Id. s. 19.

Possession of them, what shall be deemed.] "Where the having any matter in the custody or possession of any person, is

in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwellinghouse or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this act. Id. s. 28.

4. As to the Public Funds.

Forging transfers of stock, or powers of attorney, &c.] And "if any person shall forge or alter, or shall utter knowing the same to be forged or altered, any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England or at the South Sea House, or of or in the capital stock of any body corporate, company, or society which now is or hereafter may be established by charter or act of parliament,or shall forge or alter, or shall utter knowing the same to be forged or altered, any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock as is herein before mentioned, or to receive any dividend payable in respect of any such share or interest, or shall demand or endeavour to have any such share or interest transferred, or to receive any dividend payable in respect thereof, by virtue of any such forged or altered power of attorney or other authority, knowing the same to be forged or altered,-with intent in any of the several cases aforesaid to defraud any person whatsoever:" felony; 1 W. 4, c. 66, s. 6; transportation for life or not less than seven years, or imprisonment, with or without hard labour, for not more than four or less than two years. 1 Vict. c. 84, s. 1.

The commitment may easily be framed from the first of the forms, ante, p. 367.

Forging the attestation of such power of attorney.] And "if any person shall forge the name or handwriting of any person as or purporting to be a witness attesting the execution of any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock as is herein before mentioned, or to receive any dividend payable in respect of any such share or interest, or shall utter any such power of attorney or other authority, with the name or handwriting of any person forged thereon as an attesting witness, knowing the same to be forged;" felony, transportation

for seven years, or imprisonment for not more than two years nor less than one. 1 W. 4, c. 66, s. 8.

The commitment may readily be framed from the forms, ante, p. 367.

Personating the owner of stock.] "If any person shall falsely and deceitfully personate any owner of any such share, interest or dividend as aforesaid, and thereby transfer any share or interest belonging to such owner, or thereby receive any money due to such owner as if such person were the true and lawful owner:" felony, 1 W. 4, c. 66, s. 6; transportation for life or 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.

And "if any person shall falsely and deceitfully personate any owner of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England or at the South Sea House, or any owner of any share or interest of or in the capital stock of any body corporate, company, or society which now is or hereafter may be established by charter or act of parliament, or any owner of any dividend payable in respect of any such share or interest as aforesaid, and shall thereby endeavour to transfer any share or interest belonging to any such owner, or thereby endeavour to receive any money due to any such owner as if such offender were the true and lawful owner:" felony, transportation for life or not less than seven years, or imprisonment with or without hard labour for not more than four years nor less than two years. 1 W. 4, c. 66, s. 6.

Making false entries in the books, as to the public funds.] If any person shall wilfully make any false entry in, or wilfully alter any word or figure in, any of the books of account kept by the Bank of England or by the South Sea Company, in which books the accounts of the owners of any stock, annuities, or other public funds which now are or hereafter may be transferable at the Bank of England or at the South Sea House shall be entered and kept; or shall in any manner wilfully falsify the accounts of such owners in any of the said books, with intent in any of the cases aforesaid to defraud any person whatsoever;-or if any person shall wilfully make any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England or at the South Sea House, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud any person whatsoever: felony; 1 W. 4, c. 66, s. 5; transportation for life or 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 commitment may easily be framed from the first of the forms, ante, p. 367.

Making out false dividend warrants.] And if any clerk, officer, or servant of, or other person employed or intrusted by, the Bank of England, or South Sea Company, shall "knowingly make out or deliver any dividend warrant for a greater or less amount than the, person or persons on whose behalf such dividend warrant shall be made out, is or are entitled to, with intent to defraud any person whatsoever:" felony, transportation for seven years, or imprisonment with or without hard labour for not more than two years, nor less than one. 1 W. 4, c. 66, s. 9.

The commitment may readily be framed from the forms, ante, p. 367.

5. As to Public Documents.

Acknowledging recognizances, fines, &c. in another's name.] "If any person shall, before any court, judge, or other person lawfully authorized to take any recognizance or bail, acknowledge any recognizance or bail in the name of any other person not privy or consenting to the same, whether such recognizance or bail in either case be or be not filed; or if any person shall, in the name of any other person not privy or consenting to the same, acknowledge any fine, recovery, cognovit actionem, or judgment, or any deed to be enrolled:" felony, transportation for life or for not less than seven years, or imprisonment, with or without hard labour, for not more than four years nor less than two. 1 W. 4, c. 66, s. 11.

The commitment may readily be framed from the first of the forms, ante, p. 367.

False entries in registers of baptism, &c.] "If any person shall knowingly and wilfully insert, or cause or permit to be inserted, in any register of baptisms, marriages, or burials, which hath been or shall be made or kept by the rector, vicar, curate, or officiating minister of any parish, district-parish, or chapelry in England, any false entry of any matter relating to any baptism, marriage, or burial, or shall forge or alter in any such register any entry of any matter relating to any baptism, marriage, or burial:—or shall utter any writing as and for a copy of an entry in any such register of any matter relating to any baptism, marriage, or burial, knowing such writing to be false, forged, or altered; or if any person shall utter any entry in any such register of any matter relating to any bap

« PreviousContinue »