release, or bill

Godbolt, 62.

pl. 75.

Deed (1), or Writing, to the intent that any person shall or may have or claim any estate or interest for term of years of, in, or to any manors, lands, tenements, or hereditaments, not being copyhold, or any Annuity in fee simple, fee tail, or for term of life, lives, or years; or shall as is aforesaid forge, or any obligation, make, or cause or assent to be made or forged, any Obliga- acquittance, tion or Bill Obligatory, or any Acquittance, Release, or other obligatory. Discharge of any Debt, Account, Action, Suit, Demand, or other things personal; or if any person shall pronounce, publish, or give in evidence any false and forged Charter, Deed, Writing, Obligation, Bill Obligatory, Acquittance, Release, or Discharge, as true, knowing the same to be false and forged, and shall be thereof convicted by any the ways or means aforesaid, he shall pay to the party grieved his double costs and damages, to be found and assessed as aforesaid, and shall be also set upon the Pillory (2) in some open Market town, or other open place, and there to have one of his ears cut off, and shall also be imprisoned one whole year. s. 3.

The party grieved may at their pleasure sue his action upon this Statute by original writ out of Chancery, or Bill in K. B. s. 4.

A Defendant convicted upon this Act, and having received Corporal Punishment, shall not eftsoons be impeached for the same offence. s. 5.

2 Brownl. 49. 1 Lutw. 190.

charge only his

Although the party Plaintiff shall, after Verdict against the The plaintiff's Defendant, release Judgment or Execution, yet that shall only release shall disdischarge such Costs and Damages as such Plaintiff should have own remedy. had, and the Judges shall proceed to Judgment upon the residue of the Penalties and Forfeitures, and shall command execution upon the same. s. 6.

such instruments,

shall be felony.

If any person convicted of any the Offences aforesaid shall, The second after such Conviction, eftsoons commit or perpetrate any of the offence of forging said offences in form aforesaid, every such Second Offence shall be adjudged Felony, and the parties being convicted or attainted thereof, according to Law, shall suffer such Pains of Death, Forfeiture of Goods and Lands, as in cases of Felony at Common Law ought to be forfeited, without having any benefit of Clergy, saving to all Persons and Bodies Politick, &c. their rights and interests in the Lands, &c. of the persons so attainted.

s. 7.

(1) Made Felony by 2 G. 2. c. 25. 9 G. 2. c. 18.

(2) See note (2), p. 296.

To whom this act shall not extend.

Who may determine offences.

9 Co. 118.

Cro. Eliz. 87. 601.

To whom this act shall not

extend.

Persons forging

bill of exchange,

This Act shall not take away Dower, or corrupt the Blood, s. 8.; nor extend to charge any Ordinary, or their Officials, Commissaries, Registers, or other Ministers, with any offence for putting their Seal of Office to any Will exhibited to them, not knowing the same to be forged, or for the writing of any Will, or Probate of the same. s. 9.

Justices of Oyer and Determiner, and Justices of Assise in their Circuit, in their Open and General Sessions, may hear and determine offences, and make process thereon. s. 10.

A repeal of all Statutes theretofore made against the Forgery of False Deeds, Charters, Muniments, or Writings. s. 11.

This Act shall not extend to any Proctor, Advocate, or Register of any Ecclesiastical Court, for writing, &c. of any Proxy according to custom being cited, nor to any Archdeacon or Official for putting their Seals to any such Proxy, nor to any Ecclesiastical Judge admitting the same, s. 12.; nor to any Attorney, Lawyer, or Counsellor, who for his Client shall plead, shew forth, or give in Evidence any such forged Instrument before mentioned for true, being not privy to the forging thereof, s. 15.; nor to any one shewing forth or pleading any Deed or Writing under the Great Seal, or the authentic Seal of any Court; nor to any Judge, Justice, or other person causing any Seal to be set to any such Deed, &c. inrolled, not knowing the same to be forged. s. 16.

VII. ii. Forging any Deed, Will, Testament, Bond, Writing Obligatory, Bill of Exchange, Promissory Note for the Payment of Money, Indorsement or Assignment of such Bill or Note, Aquittance or Receipt for Money or Goods, or any Acquittance of any Bill of Exchange, or the Number or Principal Sum of any accountable Receipt for any Note, Bill, or other Security for Payment of Money, or any Warrant or Order for Payment of Money, or Delivery of Goods, or uttering or publishing the same,

Whereas the wicked, pernicious, and abominable crime of any deed, will, Forgery has of late time been so much practised, to the subvertestament, bond, sion of Common Trust and Justice, and prejudice of Trade and promissory note, Credit, that it is necessary for the more effectual preventing of indorsement or assignment, or such enormous offence, to inflict a more exemplary punishment acquittance or on such Offenders than by the Laws of this Realm can now be receipt, or uttering the same as done; be it therefore enacted, that if any person, after 29th June

1729, shall falsely make, forge, or counterfeit, or cause or true, guilty of felony, without procure to be falsely made, or forged counterfeited (1), or clergy. willingly act or assist in the false making, forging, or counterfeiting, any Deed, Will, Testament, Bond, Writing Obligatory, Bill of Exchange, Promissory Note for payment of Money, Indorsement or Assignment of any Bill of Exchange, or Promissory Note for payment of Money, or any Acquittance or Receipt either for Money or Goods, with intention to defraud any person whatsoever, or shall utter or publish as true any false, forged, or counterfeited Deed, Will, Testament, Bond, Writing Obligatory, Bill of Exchange, Promissory Note for payment of Money, Indorsement or Assignment of any Bill of Exchange, or Promissory Note for payment of Money, Acquittance or Receipt either for Money or Goods, with intention to defraud any person, knowing the same to be false, forged, or counterfeited; then every such person, being thereof lawfully convicted according to the due course of Law, shall be deemed guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy. 2 G. 2. c. 25. s. 1.

By s. 4. this Act shall not extend to Scotland; and by s. 5. no Attainder for any offence hereby made Felony shall make or work any Corruption of Blood, loss of Dower, or disherison of Heirs.

This Statute is made perpetual by 9 G. 2. c. 18. See post, 31 G. 2. c. 22. extending the above Act of 2 G. 2.

Extended to per

sons who shall forge the accept

ance of any bill the principal

of exchange, &c.

or

sum of any accountable receipt for any note, &c.

or knowingly

The Statute 7 G. 2. c. 22. recites the Act 2 G. 2. c. 25. and that no Punishment is inflicted by the said Act on such as commit the Offences thereinafter mentioned; and then enacts, that if any person, after the 24th June 1734, shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly act or assist in the false making, altering, forging, or counterfeiting, any uttering the Acceptance of any Bill of Exchange, or the Number or princi- same. pal Sum of any accountable Receipt for any Note, Bill, or other Security for Payment of Money, or any Warrant or Order for Payment of Money or Delivery of Goods, with intention to defraud any person whatsoever; or shall utter or publish as true any false, altered, forged, or counterfeited Acceptance of any Bill of Exchange, or accountable Receipt for any Note, Bill, or other Security for Payment of Money, or War

(1) The word "or" in this sentence appears to be by mistake placed before the word forged, instead of being made to follow it.

rant or Order for Payment of Money or Delivery of Goods, with intention to defraud any person (1), knowing the same to be false, altered, forged, or counterfeited; then every such person, being thereof lawfully convicted according to the due course of Law, shall be deemed guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy.

The Statute 31 G. 2. c. 22. s. 78. recites, that " doubts may arise whether the punishment inflicted by 2 G. 2. c. 25. s. 1. on persons guilty of the several species of Forgery therein mentioned, extends to the commission of the like Forgeries, with an intention to defraud any Corporation;" and then enacts, that if any person, after 1st July 1758, shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly act or assist in the false making, forging, or counterfeiting, any Deed, Will, Testament, Bond, Writing Obligatory, Bill of Exchange, Promissory Note for payment of money, Indorsement or Assignment of any Bill of Exchange or Promissory Note for payment of money, or any Acquittance or Receipt either for Money or Goods, with an intention to defraud any Corporation whatsoever; or shall utter or publish as true any false, forged, or counterfeit Deed, Will, Testament, Bond, Writing Obligatory, Bill of Exclange, Promissory Note for payment of money, Indorsement or Assignment of any Bill of Exchange or Promissory Note for payment of money, Acquittance or Receipt either for Money or Goods, with intention to defraud any Corporation, knowing the same to be false, forged, or counterfeited; then every such person, being thereof lawfully convicted, according to the due course of Law, shall be deemed guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy.

The Statute 18 G. 3. c. 18. intitled "An Act to explain an Act passed," &c. [7 G. 2. c. 22.], recites, that "doubts have arisen whether the punishment inflicted by that Act on persons guilty of the several species of Forgery therein mentioned, extends to such Forgeries when committed with an intention to defraud any Corporation," and then re-enacts, in terms, the provisions of the said Statute 7 G. 2. c. 22. with the alteration only of the words any Corporation whatsoever, in the averment of the intent to defraud.

The Statute 45 G. 3. c. 89., "to alter and extend the Provisions of the Laws now in force for the Punishment of the

(1) Or any Corporation by Statute 18 G. 3. c. 18. which see post.

Forgery of Bank Notes, Bills of Exchange, and other Securities, to every part of Great Britain," recites the Statutes 2 G. 2. c. 25. 7 G. 2. c. 22. 31 G. 2. c. 22. 15 G. 2. c. 13. and 41 G. 3. (U. K.) c. 39. (1), whereby certain Provisions were made and enacted for the preventing and punishing the Forgery of Bank Notes, and other Notes, Bills, and Instruments in those Acts respectively mentioned; and that it is expedient that such Provisions should extend and be in force in every part of Great Britain, with such alterations and amendments thereon as are hereby made; and then enacts (by s. 1.), that if any person or persons shall, from and after the passing of this Act, falsely make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or willingly act or assist in the false making, forging, counterfeiting, or altering, any Deed, Will, Testament, Bond, Writing obligatory, Bill of Exchange, Promissory Note for Payment of Money, Indorsement or Assignment of any Bill of Exchange or Promissory Note for Payment of Money, Acceptance of any Bill of Exchange, or any Acquittance or Receipt either for Money or Goods, or any accountable Receipt for any Note, Bill, or other Security for Payment of Money, or any Warrant or Order for Payment of Money or Delivery of Goods, with intention to defraud any person or persons, Body or Bodies Politick or Corporate whatsoever; or shall offer, dispose of, or put away any false, forged, counterfeited, or altered Deed, Will, Testament, Bond, Writing obligatory, Bill of Exchange, Promissory Note for Payment of Money, Indorsement or Assignment of any Bill of Exchange or Promissory Note for Payment of Money, Acceptance of any Bill of Exchange, Acquittance or Receipt either for Money or Goods, accountable Receipt for any Note, Bill, or other Security for Payment of Money, Warrant or Order for Payment of Money or Delivery of Goods, with intention to defraud any Person or Persons, Body or Bodies Politick or Corporate, knowing the same to be false, forged, counterfeited, or altered; then every person or persons so offending, and being thereof lawfully convicted according to the due course of Law, shall be deemed guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy.

(1) See this Act under title BANK of ENGLAND, Division II, and III.

Persons forging deeds, wills, bonds, bills, notes, indorsements thereon, or acquittances, ceipts, or warment of money, &c. with intent person, or any corporation, or offering or putting away, &c.

ment or assign

rants for pay

to defraud any

the same, ousted of clergy.