(v.) unlawfully and for a fraudulent purpose takes any such copy from its place of deposit, or conceals it; or (f.) 1 who 2 demands or endeavours to have any share or interest in stock transferred, or to receive any dividend or money payable in respect thereof, by virtue of any forged power or authority, knowing it to be forged; or 3 demands or endeavours to obtain or receive any share or interest of or in any stock, as defined in the National Debt Act, 1870 (33 & 34 Vict. c. 71), or to receive any dividend or money payable in respect thereof, by virtue of any forged or altered certificate or coupon, knowing it to be forged; or 4 (g.) who commits any felony which was punishable by death before the 1 Will. 4, c. 66, and which is not otherwise punishable under the 24 & 25 Vict. c. 98, and which consists in forging or uttering any document, or acting under a forged document or personation, or making or being in possession of instruments for making any kind of paper, or other offence of the same nature. ARTICLE 360. FORGERIES PUNISHABLE WITH FOURTEEN YEARS PENAL SERVITUDE. Every one commits felony, and is liable upon conviction thereof to fourteen years penal servitude as a maximum punishment, who with intent to defraud forges or utters: 124 & 25 Vict. c. 98, s. 2, S. 2 See definition in clause (a.). 333 & 34 Vict. c. 58, s. 3, S. 5 24 & 25 Vict. c. 98, s. 48, S. This section is exceedingly verbose, and is not likely to be put in force. I have therefore greatly abridged it. To judge from the Index to the Revised Statutes, it can apply only to two statutes, 52 Geo. 3, c. 143, s. 6, referring to forging certificates, &c., of redemption of the land tax and 7 & 8 Geo. 4, c. 53, s. 56, relating to the forgery of instruments to receive money from the Bank of England, on account of the Receiver General of Excise, &c. In each case the punishment was originally death, and in each it was reduced to transportion for life by 1 Will. 4, c. 66, s. 1. * 24 & 25 Vict. c. 98, s. 26, S., “shall fraudulently forge or alter or shall " utter; s. 31, "shall forge or fraudulently alter or shall" utter; s. 33, "whoever with intent to defraud shall forge or alter," &c. I see no difference in the meaning of these phrases, nor do I understand why they are varied. The word "forge" in itself implies an intent to defraud. (a.) 1any debenture issued under any lawful authority either within her Majesty's dominions or elsewhere; 3 (b.) 2 any document made under any Act in force for the time being relating to the registry of deeds, or the seal or any impression of the seal of any office for the registry of deeds, or anything purporting to be the name, handwriting, or signature of any person to any such document required to be signed by the law for the time being; or any document mentioned in (b.) having thereon any such forged stamp, impression, name, handwriting, or signature; (c.) any 5 instrument made, or purporting or appearing to be made, by any of the officers mentioned in the note hereto, or the name, handwriting, or signature of any such officer; or 7 6 (d.) who draws any bill of exchange or order for the delivery or transfer of goods for, in the name, or on the account of any other person by procuration or otherwise, without lawful authority or excuse, or utters any such bill or order knowing it to be so drawn; or (e.) 10 who 11 demands or obtains any 12 property whatsoever, under, upon, or by virtue of any forged instrument 124 & 25 Vict. c. 98, s. 26, S. 2 Ibid s. 31, S. 3 any memorial, affidavit, affirmation, entry, certificate, endorsement, document, or writing. 24 & 25 Vict. c. 98. s. 33, S. "certificate, report, entry, endorsement, declaration of trust, note, direction, authority, instrument, or writing." The Accountant-General, or any other the officers of the Court of Chancery in England and Ireland, any judge or officer of the Landed Estates Court in Ireland, every officer of every Court in England or Ireland, every cashier or other officer or clerk of the Governor and Company of the Bank of England or Ireland. 724 & 25 Vict. c. 98, s. 24, S. 8 66 draws, makes, signs, accepts, or indorses." 9 46 "any bill of exchange or promissory note, or any undertaking, warrant, order, authority, or request for the payment of money, or for the delivery or transfer of goods or chattels, or of any bill, note, or other security for money." A document which is in form a receipt may be in substance a warrant, &c. : R. v. Kay, L. R. 1 C. C. R. 29. 10 24 & 25 Vict. c. 98, s. 38, S. 11 "demands, receives, or obtains, or causes or procures to be delivered or paid to any person, or endeavours to do any such thing. 12 chattel, money, security for money, or other property whatsoever. whatsoever, knowing it to be forged, or under, upon, or by virtue of any probate or letters of administration, knowing the will on which such probate or such letters of administration were obtained to have been forged, or knowing the probate of letters of administration to have been obtained by any false oath, affirmation, or affidavit. ARTICLE 361. FORGERIES PUNISHABLE WITH SEVEN YEARS PENAL SERVITUDE. Every one commits felony, and is liable upon conviction thereof to seven years penal servitude as a maximum punishment, who (a.) 2 forges the seal of any Court of record; or (b.) 3 forges or utters any process of any Court of justice whatever, or serves or enforces any such forged process knowing it to be forged, or delivers, or causes to be delivered, to any person any paper falsely purporting to be any such process, or a copy thereof, or to be any judgment, decree, or order of any Court of law or equity, or a copy thereof, or acts, or professes to act, under any such false process knowing (in any such case) such process to be false; or 4 (c.) forges or utters any copy or certificate of any record, or utters any such copy or certificate having thereon any forged name, handwriting, or signature; or 1 testament, codicil, or testamentary writing. 2 Clause (a.) represents part of 24 & 25 Vict. c. 98, s. 28, S., which occurs in the middle of the section. The statutes says nothing in this case of forging the stamp or impression of such seals. Clause (b.) represents the effect of that part of sect. 27, S., which makes it an offence, inter alia, to forge the process of certain Courts named, combined with that part of sect. 28 which make it an offence to forge the process of any other Court than those mentioned in sect. 27, and to serve the forged process of any Court whatever. These sections are singularly cumbrous and ill-arranged, besides being intolerably wordy. A somewhat similiar provision as to County Courts occurs in 9 & 10 Vict. c. 95, s. 57, see R. v. Richmond, Bell, 142, and R. v. Evans, D. &. B. 236. 24 & 25 Vict. c. 98, s. 28, S. 2 (d.) 1forges or utters any original document whatever of any Court which, on the 6th of August, 1861, was a Court of record, of equity, or of Admiralty in England or Ireland, or any document, or copy of a document, used, or intended to be used, as evidence in any such Court; or (e.) 3 who, being the clerk of any Court or other officer, or deputy of the clerk or officer having custody of the records of any Court, utters a false copy or certificate of any record; or (f.) who, not being such officer or deputy, signs or certifies any copy of any record or certificate as such officer or deputy; or (g.) 5 who forges or utters any instrument, whether written or printed in whole or in part, made evidence by any Act of Parliament in force for the time being, and not mentioned specifically in any other Article of this chapter; or 6 any summons, conviction, order, or warrant of any justice of the peace, or any recognizance purporting to have been entered into before any person authorized to take it, or any examination, deposition, affidavit, affirmation, or solemn declaration taken or made before any justice of the peace; or 7 any licence of or certificate for marriage; or 9 the signature of a witness attesting the execution of any power of attorney or other authority to transfer any 124 & 25 Vict. c. 98, s. 27, S. 2 "record, writ, return, panel, process, rule, order, warrant, interrogatory, deposition, affidavit, affirmation, recognizance, cognovit actionem, or warrant of attorney, or any original document whatsoever of or belonging to any Court of record, or any bill, petition, process, notice, rule, answer, pleading, interrogatory, deposition, affidavit, affirmation, report, order, or decree, or any original document whatsoever" of the other Courts named. As the Courts of Equity and Admiralty in England now form divisions of the High Court, the distinction between the different classes of documents would seem to have ceased to exist. 324 & 25 Vict. c. 98, s. 28, S. Ibid. s. 28, S. • Ibid. s. 32, S. ' Ibid, s. 35, S. • Ibid. s. 4, S. "any name, handwriting, or signature purporting to be the name, &c., of." 1 interest in any stock mentioned in Article 359 (b.) or (f.), or to receive any dividend or money payable in respect thereof. (h.) who, being a clerk, officer, or servant or other person employed by the Bank of England or Ireland, knowingly and with intent to defraud makes out or delivers any dividend warrant or warrant for the payment of any annuity, interest, or money payable at either of the said banks for an amount greater or less than that to which the person on whose behalf such warrant is made out is entitled. ARTICLE 362. MAKING OR POSSESSION OF PAPER, ETC., FOR FORGING BANK NOTES PUNISHABLE WITH FOURTEEN YEARS PENAL SERVITUDE. Every one commits felony and is liable on conviction. thereof to fourteen years penal servitude as a maximum punishment, who does any of the following things without lawful authority or excuse, the proof whereof lies upon him (that is to say): (a.) 2 who purchases or receives from any person, or has in his custody or possession any forged 2 or blank bank note, knowing it to be forged; or 4 (b.) 3 who makes, uses, sells, exposes to sale, utters, or knowingly has in his custody or possession any bank-note paper, or any frame, mould, or instrument for making such paper, or who by any act or contrivance causes the numerical 124 & 25 Vict. c. 98, s. 6, S. 2 Ibid. s. 13. 3 Ibid. s. 14. " "Bank note paper means any paper whatsoever with the words "Bank of England," or "Bank of Ireland," or any part of such words intended to resemble and pass for the same, visible in the substance of the paper, or any paper with curved or waving bar lines, or with the laying wire lines thereof, in a waving or curved shape, or with any number, sum, or amount expressed in a word or words in Roman letters, appearing visible in the substance of the paper, or with any device or distinction peculiar to, and appearing in, the substance of the paper used by the Banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such bank respectively. |