*CHAPTER THE THIRTY-SEVENTH.

OF FORGING EAST INDIA SECURITIES, DEBENTURES, ETC.

[*875

THE 16 & 17 Vict c. 23, having provided for the redemption and commutation of South Sea Stock, the provisions as to forgery and other offences in relation thereto are omitted.

By the 24 & 25 Vict. c. 98, s. 7. " whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any bond commonly called an East India bond, or any bond, debenture, or security issued or made under the authority of any Act passed or to be passed relating to the East Indies, or any indorsement on or assignment of any such bond, debenture, or security, with intent to defraud. shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than five(a) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(b)

Sec. 26. "Whosoever shall fraudulently forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any debenture issued under any lawful authority whatsoever, either within Her Majesty's dominions or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than five(a) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(c)

The 25 & 26 Vict. c. 7, provides for the transfer of India stock; and by sec. 14, if any person or persons shall forge or counterfeit, or cause or procure to be forged or counterfeited, or shall willingly act or assist in the forging or counterfeiting any certificate or duplicate certificate required by this Act, or shall alter any number, figure, or word therein, or shall utter or publish as true any such false, forged, counterfeited, or altered certificate with *intent to defraud the governor and com[*876 pany of the Bank of England or the governor and company of the Bank of Ireland, or any body politic or corporate, or any person or persons whomsoever, every such person or persons so forging or counterfeiting, or causing or procuring to be forged or counterfeited, or willingly acting or assisting in the forging or counterfeiting, or altering, uttering, or publishing as aforesaid, being convicted thereof in due form of law, shall be adjudged guilty of felony."(d)

The 26 & 27 Vict. c. 73, gives further facilities to the holders of India stock; and by sec. 13, "whosoever shall forge or alter, or offer, utter, dispose of, or put off,

(a) 27 & 28 Vict. c. 47.

(6) This clause is new in Ireland, and is taken from part of the 1 Will. 4, c. 66, s. 3, with the addition of the words in italics, which are introduced to include bonds, debentures, and securities issued or made under any recent or future Act relating to the East Indies. See the 21 & 22 Vict. c. 3, s. 10; 21 & 22 Vict. c. 106, s 50; 22 & 23 Vict. c. 11, s. 10; 22 & 23 Vict. c. 39, s. 13; 23 & 24 Vict. c. 130, s. 13; 24 & 25 Vict. c. 25, s. 13; and 24 & 25 Vict. c. 118, s. 13.

As to hard labor, &c, see ante, p. 849.

(e) This clause is new in England. It is framed from the 37 Geo. 3, c. 54, s. 11 (I.), which related to debentures of the Bank of Ireland, and extends to any debenture issued under any lawful authority whatsoever, whether within the Queen's dominions or without.

The words of this clause originally were "forge or alter;" but as the clause contained no intent to defraud, the Select Committee of the Commons thought "fraudulently' ought to be prefixed to "alter;" but by some mistake it is placed before "forge." It is correctly placed elsewhere in the Act.

As to hard labor, &c., see ante, p. 849.

(d) As this is a felony for which no punishment is expressly provided, the principals in the first and second degree are punishable under the 7 & 8 Geo. 4, c. 28, ss. 8, 9, and 1 Vict. c. 90, s. 5, and the Penal Servitude Acts, ante, vol. 1, pp. 3, 4, and the accessories under the 24 & 25 Vict. c. 94, ante, vol. 1, p. 67, et seq.

knowing the same to be forged or altered, any India stock certificate or coupon, or any document, purporting to be any India stock certificate or coupon, issued in pursuance of this Act, or shall demand or endeavor to obtain or receive any share or interest of or in India stock, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered certificate or coupon, or document purporting as aforesaid, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than five(e).years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."

Sec. 14. "Whosoever shall falsely and deceitfully personate any owner of any share or interest of or in India stock, or of any India stock certificate or coupon issued in pursuance of this Act, and shall thereby obtain or endeavor to obtain any such India stock certificate or coupon, or receive or endeavor to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than five(e) years, or to be imprisoned for any term not exceeding two years. with or without hard labor, and with or without solitary confinement.”

Sec. 15. "Whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, shall engrave or make upon any plate, wood, stone, or other material, any India stock certificate or coupon purporting to be an India stock certificate or coupon issued or made under and in pursuance of this Act, or to be a blank India stock certificate or coupon issued or made as aforesaid, or to be a part of such stock certificate or coupon, or shall use any such plate, wood, stone, or other material for the making or printing any such India stock certificate or coupon.or any such blank India stock certificate or coupon, or any part thereof respectively, or knowingly have in his custody or possession any such plate, wood, stone, or other material, or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any such blank India stock certificate or *877] *coupon, or part of such India stock certificate or coupon, shall be made or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than five(f) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement.”

any

Especial provisions have also been made respecting forgeries affecting some of the insurance companies ;() the English linen company, (h) the British society for extending the fisheries, &c.,(i) and the governor and company of the British cast plate glass manufactory.(j) And the statute books probably contain provisions of a similar kind relating to other public companies, not requiring particular notice in this work; and which indeed may be considered as having been rendered of less importance by the general statutes applying to forgeries committed with the intention of defrauding any corporation whatsoever.(k)

(e) 27 & 28 Vict. c. 47.

(f) 27 & 28 Vict. c. 47.

(g) By 6 Geo. 1, c. 18, s. 13, as to forging the securities of the London and Royal Exchange Assurance Companies; and by 39 Geo. 3, c. 83, s. 22 (Public, Local, and Personal Act), as to forging those of the Globe Insurance Company.

(h) 4 Geo. 3, c. 37, s. 15.

(i) 26 Geo. 3, c. 106, s. 26.

(j) 13 Geo. 3, c. 38, s. 28, revived by 38 Geo. 3, c. 17, s. 23 (Public, Local, and Personal Act).

(k) Post, Chap. Of the Forgery of Private Papers, &c.

[*878

*CHAPTER THE THIRTY-EIGHTH.

OF FORGING AND TRANSPOSING STAMPS.

THE various statutes by which stamps, marks, &c., have been required to be affixed to written instruments, plate, or other articles, in order to denote the payment of the duties imposed thereon by the legislature, have made the forging or counterfeiting such stamps, marks, &c., offences of a very high degree; and, in general, punishable with death. And in some of the statutes are included the offences of transposing stamps, and knowingly uttering and selling articles with the impression of a forged or counterfeited stamp, &c., upon them; and the privately or secretly using any genuine stamps, &c., for the purpose of defrauding the crown. The 52 Geo. 3, c. 143,(a) embraces offences of this description; having first enacted, in the following words, that in all cases where any act to be done or committed in breach of or in resistance to any part of the laws for collecting his Majesty's revenue in Great Britain, would by the laws now in force subject the offender to suffer death, as guilty of felony, without benefit of clergy, by virtue of the said laws, or any of them, such act, so to be done or committed, shall be deemed and taken to be felony with benefit of clergy, and punishable only as such, unless the same shall also be declared to be felony without benefit of clergy by this Act."(b)

This statute then enacts, "that if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any mark, stamp, die, or plate, which in pursuance of any Act or Acts of Parliament shall have been provided, made, or used by or under the direction of the commissioners (c) appointed to manage the duties on stamped vellum, parchment, and paper, or by or under the direction of any other person or persons legally authorized in that behalf, for expressing or denoting any duty or duties, or any part thereof, which shall be under the care and management of the said commissioners, or for denoting or testifying the payment of any such duty or duties, or any part thereof, or for denoting any device appointed by the said commissioners for the Ace of Spades, to be used with any playing cards; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, the impression, or any resemblance of the impression, of any such mark, stamp, die, or plate as aforesaid, upon any vellum, parchment, paper, card, ivory, gold or silver [*879 plate, or other material; or shall stamp or mark, or *cause or procure to be stamped or marked, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material, with any such forged or counterfeited mark, stamp, die, or plate as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the duties, or any part of the duties under the care and management of the said commissioners; or if any person shall utter or sell, or expose to sale, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material having thereupon the impression of any such forged or counterfeited mark, stamp, die, or plate, or any such forged or counterfeited impression as aforesaid, knowing the same respectively to be forged or counterfeited; or if any person shall privately or secretly use any such mark, stamp, die, or plate, which shall have been so provided, made, or used by or under such direction as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the duties or any part of the duties under the care and management of the said commissioners; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, without benefit of clergy."(d)

(a) So much of this Act "as relates to offences committed in breach of any law relating to his Majesty's customs, or for the preventing of smuggling," is repealed by the 6 Geo. 4, c. 105, s. 297.

(b) As no punishment is specially appointed for these offences they seem to be punishable under the 7 & 8 Geo, 4, c. 28, ss. 8, 9, and 1 Vict. c. 90, s. 5, and the Penal Servitude Acts. See ante, vol. 1, pp. 3, 4.

(c) Now" the commissioner of stamps and taxes," by the 4 & 5 Will. 4, s. 60, s. 8. (d) Mr. Lonsdale, Cr. St. Law, p. 78, observes, "The whole of this enactment is either superseded or repealed by the 55 Geo. 3, c. 184, s. 7 ( post, p. 880), c. 185, s. 7 ( post, p.

or

Sec. 8. "If any person shall transpose or remove, or cause or procure to be transposed or removed, from one piece of wrought plate of gold or silver to another, to any vessel or ware of base metal, any impression made with any mark, stamp, or die, provided, made, or used by or under the direction of the said commissioners of stamps, or by or under the direction of any other person or persons legally authorized in that behalf. for denoting any duty or duties, or the payment of any duty or duties, granted to his Majesty on gold or silver plate; or shall stamp or mark, or cause or procure to be stamped or marked, any vessel or ware of base metal with any mark, stamp, or die, which shall have been forged or counterfeited in imitation of, or to resemble any mark, stamp, or die so provided, made, or used as aforesaid; or shall sell, exchange, or expose to sale, or export out of Great Britain, any wrought plate of gold or silver, or any vessel or ware of base metal, having thereupon the impression of any forged or counterfeited mark, stamp, or die, for denoting any such duty or duties, or the payment of any such duty or duties, or any forged or counterfeited impression of any mark, stamp, or die, so provided, made, or used as aforesaid, or any impression of any such mark, stamp, or die, which shall have been transposed or removed from any other piece of plate as aforesaid, knowing the same respectively to be forged or counterfeited, or transposed or removed as aforesaid; or shall wilfully and without lawful excuse (the proof whereof shall lie on the person accused) have or be possessed of any such forged or counterfeited mark, stamp, or die, for denoting any such duty or duties, or the payment thereof; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, without benefit of clergy."(e)

*Sec. 9. "If any person (not being lawfully appointed or authorized so to do) *880] shall make, or cause or procure to be made, or shall knowingly aid or assist in the making, or, without being so appointed or authorized as aforesaid, shall knowingly have in his, her, or their custody or possession, without lawful excuse (the proof whereof shall lie on the person accused), any frame, mould, or instrument, for the making of paper, with the words "Excise Office" visible in the substance of such paper, or shall make, or cause or procure to be made, or knowingly aid or assist in the making any paper, in the substance of which the words "Excise Office" shall be visible; or if any person (except as before excepted) shall by any art, mystery, or contrivance, cause or procure the said words "Excise Office" to appear visible in the substance of any paper whatever; or if any person (not being so appointed or authorized as aforesaid) shall engrave, cast, cut, or make, or shall cause or procure to be engraven, cast, cut, or made, any mark, stamp. or device, in imitation of or to resemble any mark, stamp, or device made or used by the direction of the commissioners of excise in England or Scotland, or the major part of them respectively, for the purpose of printing, stamping, or marking of any paper to be used as or for a permit or permits to accompany any exciseable commodity or commodities removing or removed from one part of Great Britain to any other part thereof, in pursuance of the directions of any of the several statutes requiring such permit; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, without benefit of clergy."(ƒ)

The Stamp Act, 55 Geo. 3, c. 184, s. 7, includes the cutting or getting off the impression of any stamp from paper, &c., with intent to use the same upon any other paper, &c., chargeable with the duties thereby granted; and makes this also a

882), and the 9 Geo. 4, c. 18, s. 35 (post, p. 885), except so far as the offences thereby made punishable relate to other than the materials specified in such enactment." With respect to which offences the 1 Will. 4, c. 66, not having made the same punishable with death, and not having repealed the 52 Geo. 3, c. 147, s. 7), persons convicted thereof are punishable under the 24 & 25 Vict. c. 98, s. 48, ante, p. 847. In such cases principals in the second degree and accessories are punishable under the same Act, sec. 49, ante, p. 848.

(e) See 5 Geo. 4, c. 52 (local and personal), s. 22, as to plate wrought or made within the town of Birmingham, and within thirty miles thereof.

(f) As the 52 Geo. 3, c. 143, ss. 8, 9, is neither expressly repealed, nor the offences in those sections made capital by the 1 Will. 4, c. 66, such offences are punishable under the 24 & 25 Vict. c. 98, s. 48, ante, p. 847. As to the punishment of principals in the second degree and accessories, see the same Act, sec. 49, ante, p. 848.

capital offence. This section (without referring to the former general Act of the 55 Geo. 3, c. 143) enacts, "that if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any stamp or die, or any part of any stamp or die, which shall have been provided, made or used, in pursuance of this Act, or in pursuance of any former Act or Acts, relating to any stamp duty or duties, or shall forge, counterfeit or resemble, or cause or procure to be forged, counterfeited or resembled, the impression or any part of the impression of any such stamp or die as aforesaid, upon any vellum, parchment, or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper, with any such forged or counterfeited stamp or die, or part of any stamp or die as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the duties hereby granted, or any part thereof; or if any person shall utter or sell or expose to sale any vellum, parchment, or paper, having thereupon the impression of any such forged or counterfeited stamp or die, or part of any stamp or die, or any such forged, counterfeited, or resembled impression, or part of impression as aforesaid, knowing the same respectively to be forged, counterfeited, or resembled ; [*881 or [if any person shall privately and secretly use any stamp or die which shall have been so provided, made, or used as aforesaid, with intent to defraud his Majesty, his heirs, or successors, of any of the said duties, or any part thereof; or if any person shall fraudulently cut, tear, or get off, or cause to procure to be cut, torn, or got off, the impression of any stamp or die which shall have been provided, made, or used in pursuance of this or any former Act, for expressing or denoting any duty or duties, under the care and management of the commissioners of stamps,(g) or any part of such duty or duties, from any vellum, parchment, or paper whatsoever, with intent to use the same for or upon any other vellum, parchment, or paper, or any instrument, or writing, charged or chargeable with any of the duties hereby granted; then and in every such case every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person or persons in committing any such offence as aforesaid]," shall be adjudged "guilty of felony without benefit of clergy."(h) The eighth section enacts that all the powers, &c., pains and penalties contained in and imposed by the several Acts relating to the duties by this Act repealed, and the several Acts relating to any prior duties of the same kind or description, shall be of full force and effect with respect to the duties by this Act granted, as far as the same shall be applicable, &c.

The 55 Geo. 3, c. 185, entitled "An for repealing the stamp-office duties on advertisements, (i) almanacs, newspapers, gold and silver plate, stage

[*882

(9) Now "the commissioners of stamps and taxes." See the 4 & 5 Will. 4, c. 60, s. 8. (h) The 55 Geo. 3, c. 184, s. 7, is neither expressly repealed by the 1 Will. 4, c. 66, nor are the offences mentioned in it made capital by that Act; such of the offences in it, therefore, as fall within the 24 & 25 Vict. c. 98, s. 48, ante, p. 847, are now punishable under that section, and the principals in the second degree and accessories are punishable under the same Act, sec. 49, ante, p. 848. The 4 & 5 Vict. c. 56, s. 1, recites so much of the 55 Geo. 3, c. 187, s. 7, as is included within the brackets, and enacts, that after the 1st October, 1841, "if any person shall be convicted of any of the offences herein before specified, such person shall not be subject to any sentence, judgment, or punishment of death." but shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such person, or for any term not less than seven years [now penal servitude for life, or not less than five years, by 20 & 21 Vict. c. 3, ante, vol. 1, p. 4, and 27 & 28 Vict. c. 47], or to be imprisoned for any time not exceeding three years;" and by sec. 4, such imprisonment may be with or without solitary confinement and hard labor. Mr. Lonsdale (St. Cr. L. 81), observes, that "the forging of stamps on newspapers, directed to be used by the 6 & 7 Will. 4, c. 76 (an Act to reduce the duties on newspapers, and to amend the laws relating to the duties on newspapers and advertisements), appears to be punishable under the 55 Geo. 3, c. 184. See the 6 & 7 Will. 4, c. 76, s. 1, which enacts, that all the powers, provisions, clauses, regulations, and directions, fines, forfeitures, pains and penalties contained in and imposed by the several Acts of Parliament relating to the stamp duties, and not repealed by this Act, shall be of full force and effect with respect to the duties hereby granted, as far as the same are or shall be applicable in all cases not hereby expressly provided for. There is no express provision in that Act respecting the forgery of stamps thereby directed to be used.

(i) The 3 & 4 Will. 4, c. 23, enacts that the duties granted by this Act "upon or in respect of pamphlets, or books or papers commonly so called, and upon or in respect of any advertisement," shall cease, and grants new duties in respect thereof; and by sec. 4 enacts, that all the powers, provisions, clauses, regulations and directions, fines, forfeit