A Digest of the Reported Cases (from 1756 to 1870, Inclusive,) Relating to Criminal Law, Criminal Information, and Extradition

By 26 & 27 Vict. c. 73, s. 13, "forging India stock certificates or "coupons is a felony."

"ful authority or excuse (the proof "whereof shall lie on the party ac"cused), shall purchase or receive, "or knowingly have in his custody By s. 14," the personation of own66 or possession, any paper manufac-" ers of India stock certificates or "tured and provided by or under " coupons is a felony."

"the directions of the Commission- By s. 15, "engraving upon plates "ers of Inland Revenue or Com-" of India stock certificates or cou"missioners of her Majesty's Treas-"pons is a felony."

ury, for the purpose of being used

cates.

"as Exchequer bills or Exchequer (k) Marriage Licences or Certificates. "bonds or Exchequer debentures, By 24 & 25 Vict. c. 98, s. 35, "before such paper shall have been "whosoever shall forge or fraudu"duly stamped, signed, and issued "ently alter any licence of or cer"for public use, or any such plate, "tificate for marriage, or shall offer, die, or seal as in the last two pre- utter, dispose of, or put off any ceding sections mentioned, shall" such licence or certificate, know"be guilty of a misdemeanor, and, "ing the same to be forged or fraud"being convicted thereof, shall be "ulently altered, shall be guilty of liable, at the discretion of the "felony, and, being convicted therecourt, to be imprisoned for any of, shall be liable, at the discretion "term not exceeding three years, "of the court, to be kept in penal "with or without hard labour." "servitude for any term not exceed"ing seven years, and not less than (j) India Bonds, Stock, or Certifi-five years (27 & 28 Vict. c. 47), or to be imprisoned for any term By 24 & 25 Vict. c. 98, s. 7, "who-"not exceeding two years, with or soever shall forge or alter, or shall" without hard labour, and with or offer, utter, dispose of, or put off," without solitary confinement." knowing the same to be forged (Former provision, 11 Geo. 4 & 1 or altered, any bond, commonly Will. 4, c. 66, s. 20.) "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, or debenture, or security, with intent to defraud, "shall be guilty of felony, and, be"ing convicted thereof, shall be lia66 ble, at the discretion of the court, By 24 & 25 Vict. c. 98, s. 32, to be kept in penal servitude for "whosoever, with intent to defraud, life, or for any term not less than "shall forge or alter, or shall offer, "five years (27 & 28 Vict. c. 47), "utter, dispose of, or put off, knowor to be imprisoned for any term "ing the same to be forged or alnot exceeding two years, with or "tered, any summons, conviction, "without hard labour, and with or "order, or warrant of any justice "without solitary confinement." "of the peace, or any recognizance 25 & 26 Vict. c, 7, s. 14, 66 makes purporting to have been entered "it felony to forge or utter certifi-"into before any justice of the 66 cates of India stock, transferable" peace, or other officer authorized "at the Bank of England or of Ire-" to take the same, or any examin"land." "ation, deposition, affidavit, affirm

ation, or solemn declaration, tak-(m) Records, Judicial and Curial en or made before any justice of Process.

"the peace, shall be guilty of fel- By 24 & 25 Vict. c. 98, s. 27, ony, and, being convicted thereof," whosoever shall forge or fraudu"shall be liable, at the discretion of " lently alter, or shall offer, utter, "the court, to be kept in penal serv-"dispose of, or put off, knowing "itude for the term of five years "the same to be forged or fraudu"(27 & 28 Vict. c. 47), or to be im- "lently altered, any record, writ, prisoned for any term not exceed-"return, panel, process, rule, or"ing two years, with or without "der, warrant, interrogatory, de"hard labour, and with or without" position, affidavit, affirmation, resolitary confinement." "cognizance, cognovit actionem, or Forging a magistrate's order to "warrant of attorney, or any origpay money under hand only was "inal document whatsoever, of or not a capital offence, as the 17 Geo. "belonging to any court of record, 2, c. 5, under which the magistrate" or any bill, petition, process, nohad power to make it, required it "tice, rule, answer, pleading, interto be under hand and seal. Rex v. "rogatory, deposition, affidavit, af Rushworth, R. & R. C. C. 317; 1"firmation, report, order, or decree, Stark. 396.

And so, if it was addressed to the treasurer of the county, instead of the high constable, the magistrate having no power by the act to make it upon the former. Ib.

or any original document whatsoever, of or belonging to any court "of equity or court of admiralty in "England or Ireland, or any docu

ment or writing, or any copy of "any document or writing, used or The 7 Geo. 2, c. 22, was not con- "intended to be used as evidence fined to commercial transactions," in any court in this section menbut would have applied to an order "tioned, shall be guilty of felony, made by a justice to a high consta- "and being convicted thereof shall ble or treasurer to pay a reward. "be liable, at the discretion of the Rex v. Graham, 2 East, P. C. 945. "court, to be kept in penal servi

An order was made under 48 Geo. tude for any term not exceeding 3, c. 75, s. 6, purporting on the face seven years, and not less than five of it to be an order of a magistrate years (27 & 28 Vict. c. 47), or to on the treasurer of a county, to al-"to be imprisoned for any term not low one J. C. the expenses of bury- exceeding two years, with or withing a dead body cast on shore :-"out hard labour, and with or withHeld, that this was a forgery, al-"solitary confinement." though there was no such magis- By s. 28," whosoever, being the trate in the county of the name of "clerk of any court, or other officer the person who signed the order," having the custody of the records. and although J. C. was not therein" of any court, or being the deputy stated to be a parish officer, or that" of any such clerk or officer, shall the expenses incurred were necessa- utter any false copy or certificate ry. Rex v. Froude, 3 Moore, 645;" of any record, knowing the same 7 Price, 609; 1 B. & B. 300; R. &" to be false; and whosoever, other R. C. C. 389. "than such clerk, officer, or deputy, Forging an order from a magis-" shall certify any copy or certifitrate to a gaoler to discharge a cate of any record of such clerk, prisoner as upon bail having been" officer, or deputy; and whosoever given, is forgery at common law." shall forge or fraudulently alter, Rex v. Harris, i M. C. C. 393; 6" or offer, utter, dispose of, or put C. & P. 129. off, knowing the same to be forged

"or fraudulently altered, any copy | ing, or professing to act, under false colour or pretence of the process the county court, it is not necessary that there should be any actual process in existence, or anything on the face of it purporting to be such. Reg. v. Evans, Dears. & B. C. C. 236; 3 Jur., N. S. 594; 26 L. J., M. C. 92; 7 Cox, C. C. 293.

or certificate of any record, or "shall offer, utter, dispose of, or put off any copy or certificate of any record having thereon any "false or forged name, handwriting, "or signature, knowing the same "to be false or forged; and whosoever shall forge the seal of any "court of record, or shall forge or “fraudulently alter any process of "any court other than such courts as in the last preceding section "mentioned, or shall serve or en"force any forged process of any "court whatsoever, knowing the same to be forged, or shall deliver or cause to be delivered to any "person any paper falsely purporting to be any such process, or a copy thereof, or to be any judg66 ment, decree, or order of any "court of law or equity, or a copy "thereof, knowing the same to be false, or shall act or profess to act under any such false process, knowing the same to be false, "shall be guilty of felony." (Punishment as in preceding section.)

The practice of issuing (ancient common law) county court processes in blank, for the attorneys to fill up after they had been issued by the county clerk, was highly irregular. And semble, that the filling up of a county court summons, or altering a distringas into a summons, after it had been so issued in blank, was a forgery at common law. Rex v. Collier, 5 C. & P. 160-Patteson.

A notice to produce, given in a pretended cause in a county court, is not process of the court within 9 & 10 Vict. c. 95, s. 57. Reg. v. Castle, Dears. & B. C. C. 363; 3 Jur., N. S. 1308; 27 L. J., M. C. 70; 7 Cox, C. C. 375.

The prisoner had obtained a blank form used in a county court for the plaintiff' to fill in particulars as instructions for issuing summonses; this he filled up and signed it, without any authority, "W. G., registrar of the Taunton Court." the back of the form he wrote, "Unless the whole amount claimed by A. R., draper of T., is paid on Saturday, an execution warrant will be immediately issued against you. Witness my signature, W. G." The prisoner sent the form thus filled up to a person who was indebted to him :-Held, that this was acting, or professing to act, under the false colour or pretence of the process of the county court, within 9 & 10 Vict. c. 95, s. 57. Reg. v. Richmond, Bell, C. C. 142; 5 Jur., N. S. 521; 28 L. J., M. C. 188; 7 W. R. 417; 32 L. T. 139; 8 Cox, C. C. 200.

But the 9 & 10 Vict. c. 95, s. 57, does not apply to mere false representations or assertion of authority to receive a debt. Reg. v. Myott, 6 Cox, C. C. 406-Crompton.

One who was committed to gaol under an attachment for a contempt in a civil cause, counterfeited a pretended discharge, as from his creditor to the sheriff and gaoler, under which he obtained his discharge:Held, a misdemeanor at common Accountant-General and other Of law, although the attachment not ficers' Names.]-By 24 & 25 Vict. being for non-payment of money, c. 98, s. 33, whosoever, with inthe order was in itself a mere nul-" tent to defraud, shall forge or ality, and no warrant to the sheriff" ter any certificate, report, entry, for his discharge. Rex v. Fawcett," indorsement, declaration of trust, 2 East, P. C. 862. note, direction, authority, instrustrument, or writing made or pur

To constitute the offence of act

"porting or appearing to be made "register, or any certificate copy

by the accountant-general, or any "of any such .register, or any part "other officer of the Court of Chan- "thereof, or shall forge or frauducery in England or Ireland, or by "lently alter in any such register "any judge or officer of the Landed"any entry relating to any birth, "Estates Court in Ireland, or by "baptism, marriage, death or burany officer of any court in Eng-❝ial, or any part of any such regis"land or Ireland, or by any cashier "ter, or any certified copy of such or other officer or clerk of the "register, or of any part thereof, or "Bank of England or Ireland, or "shall knowingly and unlawfully "the name, handwriting, or signa- "insert or cause or permit to be in"ture of any such accountant-gen- "serted in any such register, or in "eral, judge, cashier, officer, or "any certified copy thereof, any "clerk as aforesaid, or shall offer," false entry of any matter relating "utter, dispose of, or put off any "to any birth, baptism, marriage, "such certificate, report, entry, in- " death or burial, or shall knowingdorsement, declaration of trust, "ly and unlawfully give any false note, direction, authority, instru-"certificate relating to any birth, "ment, or writing, knowing the "baptism, marriage, death or burial, same to be forged or altered, shall or shall certify any writing to be "be guilty of felony, and, being a copy or extract from any such "convicted thereof, shall be liable," register, knowing such writing, or at the discretion of the court, to be" the part of such register whereof "kept in penal servitude for any "such copy or extract shall be so 'term not exceeding fourteen years, given, to be false in any material "and not less than five years (27 &" particular, or shall forge or coun"28 Vict. c. 47), or to be impris-"terfeit the seal of or belonging to "oned for any term not exceeding any register office or burial board, "two years, with or without hard" or shall offer, utter, dispose of or "labour, and with or without sol-" put off any such register, entry, itary confinement." (Former pro- "certified copy, certificate or seal, vision, 12 Geo. 1, c. 32, s. 9.) 'knowing the same to be false, Forging a paper writing, purport-" forged or altered, or shall offer, ing to be an office copy of a report utter, dispose of or put off any of the accountant-general's, of mon- " copy of any entry in any such ey being paid into the bank, and al-" register, knowing such entry to so an office copy of a certificate of "be false, forged or altered, shall be one of the cashiers of the bank, was guilty of felony, and, being conwithin 12 Geo. 1, c. 32, s. 9. Rex "victed thereof, shall be liable, at v. Gibson, 1 Leach, C. C. 61; 2" the discretion of the court, to be East, P. C. 899. 'kept in penal servitude for life, or "for any term not less than five (n) Registers of Births, Marriages" years (27 & 28 Vict. c. 47), or to "be imprisoned for any term not exBy 24 & 25 Vict. c. 98, s. 36,"ceeding two years, with or withwhosoever shall unlawfully de- "out hard labour, and with or withstroy, deface or injure, or cause or "solitary confinement." Previous "permit to be destroyed, defaced provision, 11 Geo. 4 & 1 Will. 4, c. or injured, any register of births, 66, s. 20.) "baptisms, marriages, deaths or

and Deaths.

By s. 37," whosoever shall know

"burials which now is or hereafter" ingly and wilfully insert, or cause "shall be by law authorized or re"quired to be kept in England or 'Ireland, or any part of any such

or permit to be inserted, in any "copy of any register directed or required by law to be transmitted

"to any registrar or other officer," affirmation, entry, certificate, inany false entry of any matter re- "dorsement, document or writing lating to any baptism, marriage "made or issued under the provisor burial, or shall forge or alter," ions of any act passed or hereafter "or shall offer, utter, dispose of or "to be passed for or relating to the put off, knowing the same to be " registry of deeds; or shall forge "forged or altered, any copy of any "or counterfeit the seal of or belongregister so directed or required to "ing to any office for the registry "be transmitted as aforesaid, or "of deeds, or any stamp or impres"shall knowingly and wilfully sign "sion of any such seal; or shall or verify any copy of any register" forge any name, handwriting or so directed or required to be trans- "signature purporting to be the "mitted as aforesaid, which copy "name, handwriting or signature of "shall be false in any part thereof, 66 any person to any such memorial, knowing the same to be false, or "affidavit, affirmation, entry, cer"shall unlawfully destroy, deface "tificate, indorsement, document or "or injure, or shall for any fraudu-" writing which shall be required or "lent purpose take from its place of" directed to be signed by or by virdeposit, or conceal, any such copy "tue of any act passed or to be pass"of any register, shall be guilty "ed, or shall offer, utter, dispose "of felony." (Punishment as in "of or put off any such memopreceding section.) (Previous provi-"rial or other writing as in this sion, 11 Geo. 4 & 1 Will. 4, c. 66,"section before mentioned, having s. 22.) "thereon any such forged stamp or "impression of any such seal, or

The latter act made it an offence to utter any writing as and for a any such forged name, handwritcopy of an entry in any register of "ing or signature, knowing the marriage made or kept by the vicar "same to be forged, shall be guilty of any parish in England:-Held, "of felony, and, being convicted first, that the indictment for that "thereof, shall be liable, at the disoffence need not set out the instru- "cretion of the court, to be kept in ment, as the words of 2 & 3 Will." penal servitude for any term not 4, c. 123, s. 3, stating it to be suffi- " exceeding fourteen years, and not cient in forgery to describe the in- "less than five years (27 & 28 strument as in an indictment for "Vict. c. 47), or to be imprisonstealing it, were applicable to such "ed for any term not exceeding a case, although the instrument it-two years, with or without hard self could not be the subject of an "labour, and with or without soliindictment for larceny; and, secCC tary confinement." ondly, that the judges could take judicial notice that the parish of Seigh(p) Seals of the Kingdom. ford, in the county of Stafford, is a By 24 & 25 Vict. c. 98, s. 1, parish in England, and that the in- " whosoever shall forge or counterdictment need not aver that fact." feit, or shall utter, knowing the Reg. v. Sharpe, 8 C. & P. 436-"same to be forged or counterfeited, Parke and Patteson.

"the great seal of the United King"dom, her Majesty's privy seal,

(0) Registries of Deeds. any privy signet of her Majesty, By 24 & 25 Vict. c. 98, s. 31,"her Majesty's royal sign-manual, "whosoever shall forge or fraudu-" any of her Majesty's seals appoint"lently alter, or shall offer, utter, "ed by the twenty-fourth article of "dispose of or put off, knowing the "the union between England and same to be forged or fraudulently "Scotland to be kept, used and con"altered, any memorial, affidavit, "tinued in Scotland, the great seal

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A Digest of the Reported Cases (from 1756 to 1870, Inclusive,) Relating to ...