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(Sty. 12.), and others of a similar kind; and they distinguished Party need not this offence from cheats at common law and upon the 33 H. 8. c. I., actually be prewhere the party received an actual prejudice, which was not neces- judiced. sary to constitute forgery; it being sufficient if the party might be prejudiced by it.

Fawcett's case, York Sp. Ass. 1793, 2 East's P. C. 862. 2 Russ. The defendant 352. Leander Fawcett, who had been committed to the gaol at having been

committed to York, under an attachment sued out of the court of K. B. for a con

gaol under an tempt in a civil suit, was indicted for forging a certain writing attachment for purporting to be signed in the name of A. Dawson (the party who a contempt in bad prosecuted the writ of attachment against him) and to contain a civil cause, the authority of Dawson to the sheriff for his discharge, in the counterfeited a following form :—“To the high sheriff of the county of York, his pretended disdeputy, &c. and gaoler. As to any writ, attachment, or any his creditor to other process or cause whatsoever, at the suit, instance, or pro- the sheriff and motion of me A. Dawson, by reason whereof Leander Fawcett is gaoler, under now detained a prisoner in your custody, you may forth with dis- which he ob

tained his discharge and set at liberty him the said Leander Fawcett, unless

charge from detained at the suit of some other person ; and for so doing this gaol; and it was shall be your warrant and indemnity. (Dated) 26th February, hulden to be a 1793. (Signed) A. Dawson, and witnessed by one R. W.” Tlie misdemeanor at defendant having been convicted, several questions were submitted common law; to the consideration of the judges ; and, amongst others, whether although, as the the order were a matter of such a public nature, that the counter- not for the nonfeiting of it would be a forgery at common law; and also, whether, payment of moas the attachment was for non-payment of money, the order, if ney, the order genuine, would not have been a mere nullity, and the sheriff

' not was in itself a authorised to discharge the prisoner under it. Lord Kenyon mere nullity, C. J. and Eyre C. J. said, that there was an injury to a third

to the sheriff for person, and that it was an interruption to public justice : but the the discharge. latter thought it was not a forgery, but a cheat. The matter was A majority of adjourned to a subsequent term, when Eyre C. J. was still not the judges also satisfied as to the forgery ; though he thought the indictment thought that it good as for a cheat. But all the judges concurred in holding that

was a forgery at

common law. the offence was indictable as for a misdemeanor at common law; and a great majority also thought it was forgery at common law.

Prisoner was indicted for forgery at common law, for that being in forged letter gaol for want of sureties, he forged a letter from a magistrate to the from a magisgaoler, stating that sureties were entered, and authorising his dis

ising the discharge. The indictment set out the letter, and charged the intent charge of a to be to effect his escape. - It appeared that the prisoner, being in person in priOxford gaol for the cause stated, sent the letter forged in the son for want of name of a magistrate to a friend at Chipping Norton, who trans

sureties is a mitted it by the post to the gaoler. The gaoler stated, that when forgery at coma person was in custody for want of sureties, it was the course to discharge him on its being certified by a magistrate that sureties had been entered, the prisoner also entering into his own recognizance; but he added, that in this instance he should not have discharged the prisoner, as he did not believe the letter to be the handwriting of the magistrate. On a doubt of Tindal C. J., who tried the prisoner, whether the counterfeiting this letter amounted to a forgery at common law judgment was respited, and a case reserved. Fawcett's case, 2 Russ. 352. was referred to. The judges (13) held upanimously that the conviction was right. M. T. 1833. R. v. Robt. Harris, Sum. Ass. for Oxford, 1833, cor. Tindal C. J.

trate author

mon law,

1

S. 38.

wrongs and

2 Haw. c. 8. But as to the power of justices of the peace in this matter,

Mr. Hawkins says it hath been settled of late that they have Justices have no jurisdiction over forgery at the common law; the principal no jurisdiction

reason of which resolution, he says, as he apprehended, was, that to try forgery,

inasmuch as the chief end of the institution of the office of these not being an offence having justices was for the preservation of the peace against personal a direct tend

open

violence, and the word trespass in its most proper ency to breach and natural sense is taken for such kind of injuries, it shall be underof peace. stood in that sense only in the commission, or at the most to extend

to such other offences only as have a direct and immediate tendency to cause such breaches of the peace, as libels, and such like, which on this account have been adjudged indictable before jus. tices of the peace. And this was contirmed in the case of Micah Gibbs, 1 East, 173., where it was determined that the sessions have no jurisdiction over the offence of forgery at common law,

nor can they take cognizance of it as a cheat. But may ex- But Mr. Barlow says nevertheless, that it seemeth clear amine, commit, that a justice of the peace may take an information thereof, bind &c.

over the informers, examine the offender, certify his examination to the proper judges, and commit him to prison, in order to abide his trial. Barl. 244.

II. DE Forgery by Statute. Law of forgery

By 11 G. 4 & 1 W.4. c. 66. the law respecting the crime of modelled or forgery has been new-modelled and consolidated, and many of consolidated by the previous statutes inflicting punishment for that offence have 1 W. 4. c. 66.

been repealed, either in the whole or in part. No forgeries, or

By the 1st section it is enacted,“ That where by any acts now in other kindred force any person falsely making, forging, counterfeiting, erasing, or offences, which altering any matter whatsoever, or uttering, publishing, offering, are now capital, disposing of, putting away, or making use of any matter whatsoshall continue

ever, knowing the same to be falsely made, forged, counterfeited, so, unless expressly made erased, or altered, or any person demanding or endeavouring to capital by this receive or have any thing, or to do or cause to be done any

act, upon or by virtue of any matter whatsoever, knowing such matter to be falsely made, forged, counterfeited, erased, or altered, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon; or where by any acts now in force any person falsely personating another, or falsely acknowledging any thing in the name of another, or falsely representing any other person than the real party to be such real party, or wilfully making a false entry in any book, account, or document, or in any manner wilfully falsifying any part of any book, account, or document, or wilfully making a transfer of any stock, annuity, or fund, in the name of any person not being the owner thereof, or knowingly taking a false oath, or knowingly making a false affidavit or false affirmation, or demanding or receiving any money or other thing by virtue of any probate or letters of administration, knowing the will on which such probate shall have been obtained to have been false or forged, or knowing such probate or letters of administration to have been obtained by means of

act.

any false oath or false affirmation, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon; or where by any acts now in

force any person making or using, or knowingly having in his cus. 1 W. 4. c. 66. tody or possession any frame, mould, or instrument for the making of paper, with certain words visible in the substance thereof, or any person making such paper, or causing certain words to appear visible in the substance of any paper, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon; then, and in each of the several cases aforesaid, if any person shall, after the commencement of this act, be convicted of any such felony as is herein-before mentioned, or of aiding, abetting, counselling, or procuring the commission thereof, such person shall not suffer death for the same, unless the same shall be made punishable with death by this act; All forgeries and if the same shall not be made punishable with death by this heretofore caact, in such case every person who shall

, after the commencement pital, and not of this act, be convicted of any such felony, or of aiding, abetting, this act, shall counselling, or procuring the commission thereof, shall be liable, be punished at the discretion of the court, to be transported beyond the seas with transfor life, or for any term not less than seven years, or to be impri- portation. soned for any term not exceeding four years nor less than two years: Provided always, that nothing herein contained shall affect Saving of acts or alter any acts relating to the coin of this realm, or to any coin relating to coin. of any other realm lawfully current within this realm.”

§ 2. “ If any person shall forge or counterfeit, or shall utter, Forging the knowing the same to be forged or counterfeited, the great seal of great seal, privy the United Kingdom, his majesty's privy seal, any privy signet of seal, privy sighis majesty, his majesty's royal sign manual, any of his majesty's manual, &c. seals appointed by the twenty-fourth article of the Union to be treason, and kept, used, and continued in Scotland, the great seal of Ireland, or capital. (a) the privy seal of Ireland, every such offender shall be guilty of high treason, and shall suffer death accordingly: Provided always, that nothing contained in an act passed in the seventh year of the reign of king William the third, intituled · An act for regulating of trials in cases of treason and misprision of treason,' or in an act passed in the seventh year of the reign of queen Anne, intituled. An act for improving the union of the two kingdoms,' shall extend to any indictment, or to any proceedings thereupon, for any of the treasons herein-before mentioned.”

Ś 3. “ If any person shall forge or alter, or shall offer, utter, Forging an exdispose of, or put off, knowing the same to be forged or altered, chequer bill, any exchequer bill or exchequer debenture, or any indorsement exchequer de on or assignment of any exchequer bill or exchequer debenture, India bond, or any bond under the common seal of the united company of bank note, will, merchants of England trading to the East Indies, commonly called bill of exan East India bond, or any indorsement on or assignment of any change, proEast India bond, or any note or bill of exchange of the governor

missory note, and company of the bank of England, commonly called a bank note, a bank' bill of exchange, or a bank post bill, or any indorse- ment of money, ment on or assignment of any bank note, bank bill of exchange, or capital. (a) 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

or warrant or

order for pay.

(a) But see post, p. 265.

stock in any

1 W. 4. c. 66.

of the cases aforesaid, to defraud any person whatsoever, every such offender shall be guilty of felony, and, being convicted

thereof, shall suffer death as a felon.” If any instru- § 4. “ Where by any act now in force any person is made ment, however liable to the punishment of death for forging or altering, or for designated, is in offering, uttering, disposing of, or putting off

, knowing the same to law a bill of ex- be forged or altered, any instrument or writing designated in such change, &c. the forger of such act by any special name or description, and such instrument or instrument may writing, however designated, is in law a will, testament, codicil, or be indicted un- testamentary writing, or a bill of exchange or a promissory note der this act.

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 acceptance 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, in every such case the person forging or altering such instrument or writing, or offering, uttering, disposing of, or putting off such instrument or writing, knowing the same to be forged or altered, may be indicted as an offender against

this act, and punished with death accordingly." Making false

$ 5.“ If any person shall wilfully make any false entry in, or entries in the wilfully alter any word or figure in, any of the books of account books in which kept by the governor and company of the bank of England, or the accounts of public stock are

by the governor and company of merchants of Great Britain kept; or trans. trading to the South Seas and other parts of America, and for enfer of public couraging the fishery, commonly called the South Sea company,

in which books the accounts of the owners of any stock, annuities, other name

or other public funds which now are or hereafter may be transferthan the true owner's, capital.

able 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 ; every such offender shall be guilty of felony,

and, being convicted thereof, shall suffer death as a felon." Forging a $ 6. “ If any person shall forge or alter, or shall utter, knowtransfer of any ing the same to be forged or altered, any transfer of any share or public stock or

interest of or in any stock, annuity, or other public fund which of certain other stock ; power

now is or hereafter may be transferable at the bank of England of attorney to

or at the South Sea house, or of or in the capital stock of any transfer the body corporate, company, or society which now is or hereafter same, or to

may be established by charter or act of parliament, or shall forge receive divi.

or alter, or shall utter, knowing the same to be forged or altered, dends thereon ; transfer of stock any power of attorney or other authority to transfer any share or

interest of or in any such stock, annuity, public fund, or capital or receipt of dividends by stock as is herein-before mentioned, or to receive any dividend

payable in respect of any such share or interest, or shall demand or ation, capital.

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, know-
ing the same to be forged or altered, with intent in any of the
several cases aforesaid to defraud any person whatsoever ; or if any

false person.

person shall falsely and deceitfully personate any owner of any 1 W. 4. c. 66. 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; every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.”

§ 7. “ If any person shall falsely and deceitfully personate any Personating the owner of any share or interest of or in any stock, annuity, or other owner of any public fund which now is or hereafter may be transferable at the public stock or bank of England or at the South Sea house, or any owner of any stock, and enshare or interest of or in the capital stock of any body corporate, deavouring to company, or society, which now is or hereafter may be established transfer or to by charter or act of parliament, or any owner of any dividend receive the dipayable in respect of any such share or interest as aforesaid, and vidends, transshall thereby endeavour to transfer any share or interest belonging portation for to any such owner, or thereby endeavour to receive any money

life, &c. due to any such owner as if such offender were the true and lawful owner, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years."

8. “ If any person shall forge the name or handwriting of Forging the any person as or purporting to be a witness attesting the execution attestation to of any power of attorney or other authority to transfer any share any power of or interest of or in any such stock, annuity, public fund, or capital transfer of stock, stock as is herein-before mentioned, or to receive any dividend &c., transpayable in respect of any such share or interest, or shall utter any portation for such power of attorney or other authority, with the name or hand seven years, &c. writing of any person forged thereon as an attesting witness, knowing the same to be forged, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years nor less than one year.”

§ 9. “ If any clerk, officer, or servant of, or other person em- Clerks of the ployed or intrusted by, the governor and company of the bank bank wilfully of England, or the governor and company of merchants commonly making out di

vidend warrants called the South Sea company, shall knowingly make out or deliver

for a greater or any dividend warrant for a greater or less amount than the person less sum than or persons on whose behalf such dividend warrant shall be made what is really out is or are entitled to, with intent to defraud any person what, due, transportsoever, every such offender shall be guilty of felony, and, being ation for seven convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years nor less than one year.

§ 10. “ If any person shall forge or alter, or shall offer, utter, Forging a deed, dispose of, or put off, knowing the same to be forged or altered, bond, receipt

for money or any deed, bond, or writing obligatory, or any court roll or copy of

goods, or an any court roll relating to any copyhold or customary estate, or accountable any acquittance or receipt either for money or goods, or any ac- receipt, or an countable receipt either for money or goods, or for any note, bill, order for de or other security for payment of money, or any warrant, order, or livery of goods, request for the delivery or transfer of goods, or for the delivery of for life, &c.

VOL. III.

years, &c.

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