III. Forms, List of. COMMITMENT for Forging and Uttering a Bank Note, (No. 1). THE like for Uttering a Forged Bill of Exchange, (No. 4). THE like for Forging a Banker's Draft, (No. 5). THE like for Forging a Receipt, (No. 6). THE like for Forging a Will, (No. 7). THE like for Uttering a Forged Will, (No. 8). THE like for Forging a Bond, (No. 9). THE like for Uttering a Forged Bond, (No. 10). INDICTMENT for Forgery, general Form of, (No. 11). (No. 1). FORMS. Commencement as usual, as ante, p. 11.]-on &c., at &c., feloniously did falsely Commitment for make, forge, and counterfeit a certain bank note, to wit, a bank note for the payment forging and utterof pounds, [or, divers bank notes], and the said forged and counterfeited bank note ing a bank note (a). then feloniously did offer, utter, dispose of, and put off, he the said C. D. then well knowing the same to be forged and counterfeited, with intent to defraud the Governor and Company of the Bank of England; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. (No. 2). Commencement as usual, as ante, p. 11.]-on &c., at &c., in the said county, feloniously, knowingly, and wittingly, and without lawful excuse, had in his possession a certain forged and counterfeited bank note, to wit, a bank note for the payment of pounds, [or, divers forged and counterfeited bank notes], he, the said C. D., well knowing the said bank note, [or, several bank notes] to be forged and counterfeited; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. (No. 3). Commencement as usual, as ante, p. 11.]-on &c., at &c., in the said county, feloniously did falsely make, forge, and counterfeit, the acceptance of and upon a certain bill of exchange in writing, for the payment of money, purporting to be the acceptance of one A. B., [or, the indorsement of and upon a certain bill of exchange in writing, for the payment of money, purporting to be the indorsement of one C. D.], with intention to defraud one A. B.; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. (No. 4). Commencement as usual, as ante, p. 11.]—on &c., at &c., feloniously did offer, utter, dispose of, and put off, a certain false, forged, and counterfeited acceptance of &c. [as in the form (No. 3), supra], with intention to defraud one A. B., he the said C. D. then well knowing the said acceptance [or, indorsement] to be false, forged, and counterfeited; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. FORMS. (No. 5). Commitment for draft (a). Commencement as usual, as ante, p. 11.]-on &c., at &c., in the said county, feloforging a banker's niously did falsely make, forge, and counterfeit a certain warrant and order for payment of money, commonly called a check on a banker, purporting to be the order or draft of one A. B. upon Messieurs and Co., bankers, with intent to defraud one A. B.; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. Commitment for forging a receipt (b). Commitment for forging a will (e). Commitment for uttering a forged will (d). Commitment for (No. 6). Commencement as usual, as ante, p. 11.]—on &c., at &c., feloniously did falsely make, forge, and counterfeit, a certain acquittance and receipt for money, purporting to be the receipt of one A. B., with intention to defraud the said A. B.; against the form of the statute in that case made and provided. And you the said keeper, &e. [As usual, as ante, p. 11, to the end]. (No. 7). Commencement as usual, as ante, p. 11.]—on &c., at &c., feloniously did falsely make, forge, and counterfeit a certain will and testament, purporting to be the last will and testament of one A. B., with intention to defraud one E. B.; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. (No. 8). Commencement as usual, as ante, p. 11.]—on &c., at &c., feloniously did offer, utter, dispose of, and put off, a certain false, forged, and counterfeited will, purporting to be the last will and testament of one A. B., with intention to defraud one E. B., he the said C. D. then well knowing the said will to be false, forged, and counterfeited; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. (No. 9). Commencement as usual, as ante, p. 11.]—on &c., at &c., feloniously did falsely forging a bond (e). make, forge, and counterfeit a certain bond for the payment of money, purporting to have been signed, sealed, and executed by one A. B., with intention to defraud the said A. B.; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. Commitment for uttering a forged bond. Indictment for forgery generally (f). (No. 10). Commencement as usual, as ante, p. 11.]—on &c., at &c., feloniously did offer, utter, dispose of, and put off a certain false, forged, and counterfeited bond, for the payment of money, purporting to have been signed, sealed, and executed by one A. B., with intention to defraud the said A. B., he the said C. D. then well knowing the said bond to be false, forged, and counterfeited; against the form of the statute in that case made and provided. And you the said keeper, &c. [As usual, as ante, p. 11, to the end]. (No. 11). THE jurors for our lord the King upon their oath present, that C. D., late of &c., [gentleman], on &c., at &c., feloniously did falsely make, forge, and counterfeit, and did cause and procure to be falsely made, forged, and counterfeited, and did willingly act and assist in the false making, forging, and counterfeiting a certain [name the instrument]; which said false, forged, and counterfeited [name it again] (a) See ante, p. 833. (e) See ante, p. 835. (f) See a variety of forms Archbold's C. L. 226, &c. FORMS. is as follows, that is to say-[set out the instrument verbatim], with intention to defraud one A. B.; against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity. And the Second count. jurors aforesaid, upon their oath aforesaid, do further present, that the said C. D. afterwards, to wit, on the day and year aforesaid, at &c., aforesaid, feloniously did offer, utter, dispose of, and put off, a certain other false, forged, and counterfeited, [name the instrument], which said last-mentioned false, forged, and counterfeited [name it again], is as follows, that is to say-[set out the instrument verbatim]; with intention to defraud the said A. B., (he the said C. D., at the time he so offered, uttered, disposed, and put off the said last-mentioned false, forged, and counterfeited [name the instrument] as aforesaid, then and there well knowing the same to be false, forged, and counterfeited); against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity (a). (a) In Mr. Archbold's work on the Criminal Law, 2nd ed. 227, there is the greater part of the following note on the form of an indictment for forgery: This is not intended as a general precedent, to serve in all cases of forgery; because the form, in each particular case, must depend upon the statute on which the indictment is framed. But with the assistance of it, and upon an attentive consideration of the operative words in the statute creating the forgery, the pleader can find no difficulty in framing an indictment in any case not particularly mentioned hereafter in this section. The forgery should, in prudence, be alleged in the words of the statute on which the indictment is framed. But if the forgery consist of the alteration of a true instrument, the alteration may either be specially alleged (and this mode is advisable, at least in one set of counts) even where the word "alter" is not in the statute; R. v. Elsworth, 2 East, P. C. 986, 988; or the alteration may be given in evidence under, and will support, a count charging the forgery of the entire instrument. Care must be taken to set out the forged instrument, in words and figures, correctly; the slightest variance will be fatal, and will entitle the defendant to an acquittal. An indictment for forgery at common law must state what the instrument is in respect of which the forgery was committed, and how the party signing it had authority to sign it. R. v. Wilcox, R. & R. 50. Where the indictment, in setting out the forged instrument, also set out the attestation at the foot of it, as part of the instrument, but it appeared in evidence, that when the defendant subscribed the instrument, the attestation was not written on it; it was holden, nevertheless, to be no variance. R. v. Dunn, 2 East, P. C. 976. Where the forged instrument is actually within the meaning of the statute on which you intend framing your indictment, but does not sufficiently appear to be so on the face of it, you must not only set out a literal copy of it in the indictment, but you must also add such averments of extrinsic facts as may be necessary to make it appear, upon the face of the record, that the forged instrument is one of those intended by, and described in, the statute. See R. v. Ravencroft, R. & R. 161. Thus, for instance, where, by the usage of a public office, the bare signature of a party upon a navy bill operated as a receipt, an indictment for forging such a receipt, setting forth the navy bill and indorsement, and charging the defendant with having forged "a certain receipt for money, to wit, the sum of twenty-five pounds, mentioned and contained in the said paper, called a navy bill, which forged receipt was as follows, that is to say- William Thornton, William Hunter,'" was holden bad, because it did not shew, by proper averments, that these signatures imported a receipt. R. v. Hunter, 2 Leach, 624; 2 East, P. C. 928. In like manner, it was holden, that an indictment for forging the word "settled," at the bottom of a bill, must shew, by proper averments, that it is a receipt. R. v. Thompson, 2 Leach, 910, and see Arch. C. L. 29. But where, upon an indictment for forging a receipt, it appeared that the receipt was written at the foot of an account, and the indictment stated the receipt thus, "8 March, 1773. Received the contents above by me. Stephen Withers," without setting out the account at the foot of which it was written, it was holden sufficient. R. v. Testick, 1 East, 181, n. In R. v. Burton, R. & M. C. C. 141, it was held, that an indictment for forging or uttering a receipt in the name of T. S. should shew that T. S. was a person to whom the money might have been paid. In an indictment for forging an instrument in a foreign language-in this case, a Prussian treasury note-a translation of the note must be set forth; and, for this omission, the judgment was arrested. R. v. Goldstein, 3 B. & B. 201; R. & R. 473, S. C. The intent to defraud is described as Fornication. See Lewdness, Vol. III.; Disorderly House, Vol. I. Fortune Telling, Cheats by, see Cheat, Vol. I. See also Pieces to be marked. Penalty on not marking. Frame-Work Knitters. [6 Geo. III. c. 29.] As to the offence of frame-breaking, see 7 & 8 Geo. IV. c. 30, s. 3, fμalicious Enjuries to Property, Vol. III. p. 727. By stat. 6 Geo. III. c. 29, s. 1, all frame-work knitted pieces, and stockings made of thread, cotton, worsted, or yarn, or any mixture of all or any of the said materials, or of any other materials, except such as shall be made of silk only, which shall contain three or more threads, shall be marked with the same number of ilet-holes, and no more, as there are threads contained in each piece or pair; and such ilet-holes shall be made distinctly in one direct line, or in the same course, and shall not exceed the distance of three inches from the two extreme ilet-holes; and no such ilet-holes shall be made or placed within the distance of four inches of any letter, figure, mark, or other device, which shall be put or woven in any such goods or manufactures; and all such ilet-holes shall be made within four inches of the top or end of every such piece or pair; and no ilet-hole, or imitation thereof, shall be made or put in any frame-work knitted piece or pair of stockings, upon any account whatsoever, except as herein before directed. Sect. 2. Nothing herein shall prevent any manufacturers from using remnants, or materials of any sort, in the welts and tops of stockings only, at any distance not exceeding three inches from the top, although the same shall not contain so great a number of threads as are contained in the legs of such stockings. Sect. 3. If any master frame-work knitter or master hosier, or any other person, shall make or work, or cause or procure to be made or wrought, any frame-work knitted goods of any of the materials aforesaid, or any mixture thereof (except such as shall be made of silk only), without being so an ingredient of the offence, in all the and indorser to a bill of exchange be forged, the indictment may charge it, in different sets of counts, to have been forged and uttered with intent to defraud the drawer, acceptor, indorser, and person to whom it was uttered, respectively. As to the second count, for knowingly uttering the forged instrument, it is usual and prudent to add it in every case, lest the prosecutor should fail in proof of the actual forgery. But the forgery is of itself an offence, although the forged instrument have never been uttered. See R. v. Elliot, 1 Leach, 173; and see 2 Id. 987. marked, he shall forfeit the same, and also 51. for each piece of such frame work knitted goods, or pair of stockings. FRAME-WORK KNITTERS. Sect. 4, 5, 6. Provided that the said penalty of 51. shall not extend to 6 Geo. 3, c. 29. any journeyman, apprentice, servant, or person not making such goods or manufactures on his own account; but such person offending herein shall forfeit not exceeding 40s. nor less than 5s. for each piece or pair; but if he can prove that the goods by him unduly marked were so marked by direction of his master, or the person by whom he was employed, in that case he shall not be subject to any penalty. Sect. 7. And if any frame-work knitter, hosier, or other person, shall Selling unmarked sell or expose to sale any of the said goods, not duly and truly marked as goods. aforesaid, he shall forfeit the same, and also 51. for each piece or pair. Sect. 8. Provided, that if the person prosecuted for selling or exposing the same to sale shall discover the vender or seller thereof, so as he may be convicted, such person shall be discharged from any penalty or forfeiture inflicted by this act. Sect. 9. One justice where the offence shall be committed (not being a Penalties how to frame-work knitter, hosier, or proprietor of frames) may convict the offen- be recovered. der, on the oath of one witness; and if on such conviction the penalties or forfeitures shall not be forthwith paid, the said justice shall issue his warrant to levy the same by distress, rendering the overplus, if any; and if no goods, or not sufficient, can be found, such justice shall, on oath thereof made to him by the person who shall have the execution of the warrant, commit the offender to the common gaol of the place where the offence shall be committed for any time not exceeding three months, unless the penalties and forfeitures shall be sooner paid and satisfied: all which penalties and forfeitures shall be applied half to the informer and half to the poor. Sect. 10. Persons aggrieved may appeal to the sessions, giving ten Appeal. days' notice in writing of his intent to the justice, and within two days after notice entering into recognizance before a justice with two sureties to try the appeal at such sessions; and the justices there, on due proof of such notice and recognizance, shall hear and determine the same, and award costs to either party, as they shall think fit; and their determination shall be final, binding, and conclusive, to all intents and purposes. Sect. 12. Provided, that nothing herein shall extend to abridge or take away any rights or privileges of the master, wardens, and assistants of the company of frame-work knitters. Act, not to affect rights, &c., of company of framework knitters. Franks, Franking of Letters, see post, Vol. V. p. 213;-Forgery of, Id. 219. Fraud. See Cheat, Vol. I. ;-Parol Evidence admissible to prove a Fraud, see ante, p. 28. Freehold, Larceny of Things of, see Larceny, Vol. III. p. 533;-Forcible Entry into, see ante, Forcible Entry, Vol. II. Freemasons, Assembly of, not unlawful, when, see Riot, |