thereof, to be received by virtue of any such counterfeit or forged letter of attorney, authority or instrument; or shall falsely and deceitfully personate any true and real proprietors of the said shares in stock annuities and dividends, or any of them, or any part thereof, and thereby transferring or endeavouring to transfer the stock, or receiving or endeavouring to receive the money, of such true and lawful proprietor, as if such offender were the true and lawful owner thereof; then and in every or any such case, all and every such person and persons, being thereof lawfully convicted in due form of law, shall be deemed guilty of felony, and suffer death as a felon, without benefit of clergy." By the 4 Geo. 3. c. 25., which statute continued the corporation of the Bank, the same provisions are extended to “any capital stock or stocks of any body or bodies politic or corporate which now are or hereafter shall be established by any act or acts of parliament, or any share, &c."-3. Upon which statute of 31 Geo. 2., it has been held, that the obtaining and indorsing a dividend warrant at the Bank, in the name of a stock holder, is a personating of a proprietor, and thereby endeavouring to receive the dividend; though no attempt was made to receive the money at the pay office. 1 Leach, 434. 2 East, P. C. c. 20. s. 2. p. 1005. - 4. The statute 33 Geo. 5. c. 30. recites, that the laws then in being had been found insufficient to prevent forgeries and frauds in the transferring stocks, annuities, and other public funds, transferable at the Bank of England; and that further provision was necessary: and that it was also necessary, in order to prevent such forgeries and frauds, that the public accounts between the Bank of England, and the proprietors of stock, &c. should be secured from falsification, by means of false entries, the alteration of words or figures, or by any other ways or means; and then makes several enactments for the remedy of the evils recited. The first section enacts," that if any person or persons shall wilfully make or assist in making any transfer of any interest, part or share of or in any stock or stocks, annuity or annuities, or other funds, transferable at the Bank of England, in any of the books of the said governor and company of the Bank of England, in which transfers of stock, annuities or other funds as aforesaid are made, in the name or names of any person or persons not being the owner or owners, or proprietor or proprietors, of such stock, annuities or other funds, transferable as aforesaid, with intent to defraud the said governor and company of the Bank of England, or any other body politic or corporate, or any person or persons whatsoever, such person or persons so making or assisting in making such transfer as aforesaid, shall be deemed guilty of felony, and shall suffer death as a felon or felons, without benefit of clergy." 5. By the second section it is further enacted, "that if any person or persons shall falsely make forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or shall willingly act or assist in the falsely making, forging or counterfeiting of any transfer of any interest, part or share of or in any stock or stocks, annuity or annuities or other funds, transferable, or which, by any act or acts of parliament, shall hereafter be made transferable at the Bank of England, or of or in the capital stock belonging or which hereafter shall or may belong to the said governor and company of the Bank of England, called bank-stock, or shall utter or publish as true any such false forged or counterfeited transfer as aforesaid, knowing the same to be false, forged or counterfeited, with intent to defraud the said governor and company of the Bank of England, or any other body politic or corporate, or any person or persons whatsoever; all and every person or persons whatsoever so offending shall be deemed guilty of felony, and shall suffer death as a felon or felons, without benefit of clergy." 6. By the third section, it is further enacted, "that if any person or persons shall wilfully make or assist in making any false entry, or shall wilfully alter or assist in altering, any word or figure in any entry in the books of account kept by the said governor and company of the Bank of England, wherein the several accounts of the owners or proprietors of stock, annuities or other funds, transferable at the Bank of England, are entered and kept, or shall in any manner wilfully falsify the accounts of such owners and proprietors in the books of the said governor and company, wherein such accounts are entered and kept, with intent to defraud the said governor and company of the Bank of England, or any other body politic or corporate, or any person or persons whatsoever, every such person or persons so offending shall be deemed guilty of felony, and shall suffer death without benefit of clergy."-7. The fourth section recites that, in order to cover and conceal forgeries and frauds in transfers, dividend warrants had been sometimes made out for different sums than the sums really due; and enacts, " that if any clerk, officer or servant of, or other person or persons employed or intrusted by the said governor and company, shall knowingly or willingly make out or deliver, or cause or procure to be made out or delivered, or willingly act or assist in the making out or delivering, of any dividend warrant for greater or less amount than the person or persons, on whose behalf or

pre

pretended behalf such dividend warrants shall be made out, is or are entitled to, with intent to defraud the said governor and company of the Bank of England or any other body politic or corporate, or any person or persons whatsoever, all and every such person or persons so offending, and being in due form of law convicted of any such offence or offences as aforesaid, shall be transported for seven years." - 8. Upon the second section of which statute a question arose; a prisoner being found guilty on an indictment charging him with forging a transfer of stock, objections that the stock had never been accepted by the person in whose name it stood, and that the transfer was not witnessed according to the rules and directions of the Bank, were over-ruled. 2 East, P. C. c. 19. s. 9. p. 874. 2 Leach, 732.-9. The 37 Geo. 3. c. 122. relates to the forging or counterfeiting the names of witnesses to letters of attorney, or other authorities or instruments for the transfer of stocks, or funds transferable at the Bank of England, or under the management of the South Sea company, or East India company, or for the receipt of dividends upon any of such stocks or funds. It enacts, "that if any person or persons whatever shall falsely make forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or shall willingly act or assist in the falsely making, forging or counterfeiting the name or names, handwriting or handswriting of any person or persons as, or purporting to be, the witness or witnesses, attesting the execution of any letter of attorney or other authority or instrument, to transfer, assign, sell or convey, any interest, part or share of or in any stock or stocks, annuity or annuities or other funds, or the dividends thereof, transferable, or which, by any act or acts of parliament, shall hereafter be made transferable at the Bank of England, or of or in the capital stock belonging, or which hereafter shall or may belong to the governor and company of the Bank of England, called Bank-stock, or to the governor and company of merchants of Great Britain, trading to the South Seas and other parts of America, and for encouraging the fisheries as aforesaid, or under their care or management, or of or in the capital stock belonging or which hereafter shall or may belong to the said united company of merchants of England trading to the East Indies, commonly called East India stock, or of any letter of attorney or other authority or instrument, to receive any dividend or dividends on any of the said stocks, annuities or other funds, or shall utter or publish as true any such letter of attorney or other authority or instrument, containing such false, forged or counterfeited name or names, handwriting or handswriting of such attesting witness or witnesses as aforesaid, knowing such name or names, handwriting or handswriting, to be false, forged or counterfeited, all and every person or persons whatever so offending, and being in due form of law convicted of any such offence or offences as aforesaid, shall be adjudged guilty of felony, and shall be transported for seven years, or shall be adjudged to suffer such lesser punishment as the court, before whom such offender or offenders shall be tried, shall think fit to award." 10. Besides the statutes above set forth, there may be briefly noticed the 9 Geo. I. c. 12. s. 4., which makes it a capital felony to forge orders, receipts, &c. relating to the payment of annuities payable at the exchequer, as mentioned in the act. 11. And the 35 Geo. III. c. 66., with the 37 Geo. III. c. 46., which contain regulations for transferring the payment of certain annuities and dividends from Ireland to the Bank of England, make the forging or altering receipts for subscriptions to loans or debentures, under these acts, a capital offence, re-enact the provisions of the 8 Geo. I. e. 22. s. 1. and the 33 Geo. III. c. 30. and make the forging or uttering any dividend warrant, or warrant for the payment of any annuity, &c. payable in pursuance thereof, capital offences.- 12. The 52 Geo. III. c. 129. also, which is intituled an act for amending the 48 Geo. III. c. 142. and the 49 Geo. III. c. 64. in enabling the commissioners for the reduction of the national debt to grant life-annuities, recites those acts, specifies the terms on which the life-annuities shall be granted, declares before whom the necessary affidavits or affirmations and certificates shall be taken; and enacts that, if any person shall forge, &c. any such affidavit, affirmation or certificate, or produce to any person acting under the authority of the acts or utter the same, knowing the same to be forged, &c. such person shall be guilty of felony, without benefit of clergy. 13. In the acts by which the different loans have been raised, common clauses have usually been inserted, in substance nearly the same, by which it is made a capital offence to forge certificates, debentures, receipts, &c. mentioned in the acts. The 55 Geo. III. c. 53. s. 32. enacts, "that 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 certificates, debenture or debentures, directed to be made out by this act, or any assignment thereof, or indorsement thereon, or shall alter any number, figure or word in any such certificate or debenture, or in any assignment thereof or indorsement thereon, or utter or publish as true any such false, forged, counterfeited or altered certificate or certificates, debenture

or

or debentures, or assignment or assignments thereof, or indorsement or indorsements thereon, with intent to defraud his majesty, or the governor and company of the Bank of England, 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 thereof convicted in due form of law, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy." The succeeding section enacts, "that 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 receipt or receipts, for the whole of or any part or parts of the said contributions for the purchase of debentures, either with or without the name or names of any person or persons being inserted therein, as the contributor or contributors thereto, or payer or payers thereof, or of any part or parts thereof, or shall alter any number, figure or word therein, or utter or publish as true any such false, forged, counterfeited or altered re*ceipt or receipts, with intent to defraud the governor and company of the Bank of England, or any body politic or corporate, or any person or persons whatsoever, 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 thereof convicted in due form of law, shall be adjudged guilty of felony, and shall suffer death as a felon without benefit of clergy." Some enactments respecting the forgery of dividend warrants have occurred in the statutes already mentioned. But there is a general provision as to the forgery of these instruments contained in the 45 Geo. III. c. 89. s. 2.; which will be stated at large in the next division, as it relates not only to dividend warrants, but to the forgery of bank-notes and other securities of the Bank of England. - 14. The forgery or counterfeiting of any exchequer-bill is made a capital felony by the several acts passed, usually every year, authorising the issue of such securities. Latterly it has been enacted, that the clauses of the 48 Geo. III. c. 1., entitled "An act for regulating the issuing and paying off of exchequer-bills," shall be extended to the acts subsequently passed; and one of those clauses (s. 9.) contains the following provision respecting the forgery, &c. of exchequer-bills. It enacts," that if any person or persons shall forge or counterfeit any exchequer-bill or any indorsement or writing thereupon or therein, or tender in payment any such forged or counterfeited bill, or any exchequer bill with such counterfeit indorsement or writing thereon, or shall demand to have such counterfeit bill, or any exchequer-bill with such counterfeit indorsement or writing thereupon, or therein, exchanged for ready money or for another exchequer bill, by any person or persons, body or bodies politic or corporate, who shall be obliged or required to exchange the same, or by any other person or persons whatsoever, knowing the bill so tendered in payment, or demanded to be exchanged, or the indorsement or writing thereupon or therein to be forged or counterfeited, and with intent to defraud his majesty, his heirs and successors, or the persons to be appointed to pay off the same, or any of them, or to pay any interest thereupon, or the person or persons, body or bodies politic or corporate, who shall contract to circulate or exchange the same or any of them, or any other person or persons, body or bodies politic or corporate; then every such person or persons so offending, being thereof lawfully convicted, shall be adjudged a felon and shall suffer as in cases of felony without benefit of clergy."

III. Securities of the Bank of England.

1. The first statute made especially to protect Bank of England securities is 8 & 9 W. 3. c. 20. s. 36. 2. Afterwards came the 15 G. 2. c. 13. s. 11.-3. And now the 45 G. 3. c. 89. by its second section enacts, "that if any person or persons shall forge, counterfeit, or alter any bank note, bank bill of exchange, dividend warrant, or any bond or obligation under the common seal of the governor and company of the Bank of England, or any indorsement thereon, or shall offer or dispose of or put away any such forged, counterfeit, or altered note, bill, dividend warrant, bond, or obligation, or the indorsement thereon, or demand the money therein contained or pretended to be due thereon, or any part thereof, of the said company, or any their officers or servants, knowing such note, bill, dividend warrant, bond or obligation, or the indorsement thereon, to be forged, counterfeited, or altered, with intent to defraud the said governor and company, or their successors, or any other person or persons, body or bodies politic or corporate whatsoever, every person or persons so offending, and being thereof convicted in due form of law, shall be deemed guilty of felony, and shall suffer death as a felon without benefit of clergy."-4. The sixth section enacts, "that if any person or persons shall purchase or receive from any other person or persons any forged or counterfeited bank note, bank bill of exchange, bank post-bill,

or

or blank bank note, blank bank bill of exchange, or blank bank post-bill, knowing the same to be forged or counterfeited, or shall knowingly or wittingly have in his, her or their possession or custody, or in his, her or their dwelling-house, out-house, lodgings, or apartments, any forged or counterfeited bank note, bank bill of exchange, or bank postbill, or blank bank note, blank bank bill of exchange, or blank bank post-bill, knowing the same to be forged or counterfeited, (without lawful excuse, the proof whereof shall lie upon the person accused,) every person or persons so offending, and being thereof convicted according to law, shall be adjudged a felon, and shall be transported for the term of fourteen years.". 5. The 13 G. 3. c. 79. s. 1. enacts, that "if any person or persons, (other than the officers, workmen, servants or agents, for the time being, of the said governor and company, to be authorised and appointed for that purpose by the said governor and company, and for the use of the said governor and company only,) shall make or use, or cause or procure to be made or used, or knowingly aid or assist in the making or using; or (without being authorised and appointed as aforesaid), shall knowingly have in his, her or their custody or possession, (without lawful excuse, the proof whereof shall lie upon the person accused,) any frame, mould or instrument for the making of paper, with the words Bank of England, 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 said words, Bank of England, shall be visible; or if any person, (except as before excepted) shall, by any art, mystery or contrivance, cause or procure the said words, Bank of England, to appear visible in the substane of any paper whatsoever, or knowingly aid or assist in causing the said words, Bank of England, to appear in the substance of any paper whatsoever; every person so offending in any of the cases aforesaid, and being thereof lawfully convicted, shall, for such offence, be deemed and adjudged a felon, and shall suffer death as in cases of felony, without benefit of clergy." 6. The second section of the same statute recites, that unwary and other persons had taken in payment, and otherwise had received notes, inland-bills, and bills of exchange, with certain words and characters so nearly resembling the notes and bills of the said governor and company, as to appear to such persons to be the notes or bills of the Bank of England, which, if continued to be done, would be to the great prejudice of public credit; and then enacts, that" if any person or persons, without being authorised and appointed as aforesaid, shall engrave, cut, etch, or scrape in mezzotinto, or shall cause or procure to be engraved, cut, etched, or scraped in mezzotinto, or shall knowingly aid or assist in the engraving, cutting, etching, or scraping in mezzotinto, in or upon any plate of copper, brass, steel, pewter, or of any other metal or mixture of metals, or upon wood, or any other material, or any plate whatsoever, any promissory note inlandbill or bill of exchange, or blank promissory note, inland-bill or bill of exchange, or part of a promissory note, inland-bill or bill of exchange, containing the words, Bank of England, or Bank post-bill, or any word or words expressing the sum or amount, or any part of the sum or amount of such promissory note, inland-bill or bill of exchange, in white letters or figures on a black ground; or shall use any such plate so engraved, cut, etched, or scraped in mezzotinto, or shall use any other instrument for the making or printing any such promissory note, inland-bill or bill of exchange or blank promissory note, inland-bill or bill of exchange, or part of a promissory note, inland-bill or bill of exchange; if any person, without being authorised and appointed as aforesaid shall knowingly have in his, her or their custody, any such plate or instrument, or shall knowingly and wilfully utter or publish any such promissory note, inland-bill or bill of exchange, blank promissory note, inland-bill or bill of exchange; every such person so offending in any of the cases aforesaid, and being convicted thereof according to law, shall be committed to the common gaol of the county or place where the offence shall be committed, for any space not exceeding six months." 7. By the third section it is provided, "that nothing herein contained shall extend, or be construed to extend to such person or persons who being at any time hereafter possessed of any such note or bill, shall only utter the same by carrying the same for payment to the issuer or issuers, drawer or drawers, acceptor or acceptors, indorser or indorsers thereof respectively, or using proper means to compel the payment of any such note or bill."-8. The 45 G. 3. c. 89. s. 3. enacts," that if any person or persons, (other than the officers, workmen, servants, or agents, for the time being of the governor and company of the Bank of England, to be authorised and appointed for that purpose by the said governor and company and for the use of the said governor and company only,) shall make or use, or cause or procure to be made or used, or knowingly aid or assist in the making or using, or (without being authorised or appointed as aforesaid,) shall knowingly have in his, her or their custody or possession (without lawful excuse, the proof whereof shall lie upon the party accused) any frame, mould or instrument for the making of paper with curved or waving bar lines, or with the laying wire-lines thereof in a waving or curved shape,

or

or with any number, sum, or amount, expressed in a word or words in Roman letters visible in the substance of such paper; or shall manufacture, make, use, vend, expose to sale, publish or dispose of, or cause or procure to be manufactured, made, used, vended, exposed to sale, published or disposed of, or aid or assist in the manufacturing, making, using, vending, exposing to sale, publishing, or disposing of, or (without being authorised or appointed as aforesaid) shall knowingly have in his, her, or their custody or possession, any paper whatsoever, with curved or waving barlines, or with the laying wirelines thereof in a waving or curved shape, or having any number, sum or amount expressed in a word or words in Roman letters appearing visible in the substance of such paper; or if any person or persons (except as before excepted) shall, by any art, mystery, or contrivance, cause or procure the numerical sum or amount of any bank note, bank bill of exchange or bank post-bill, blank bank note, blank bank bill of exchange or blank bank post bill, in a word or words to appear visible in the substance of the paper whereon the same shall be written or printed, or shall knowingly aid or assist in causing the numerical sum or amount of any bank note, bank bill of exchange, or bank post-bill, blank bank note, blank bank bill of exchange, or blank bank post-bill, in a word or words in Roman letters, to appear visible in the substance of the paper whereon the same shall be written or printed, every person or persons so offending in any of the cases aforesaid, and being convicted thereof according to law shall be adjudged a felon, and shall be transported for the term of fourteen years." 9. The fourth section of this act provides that nothing therein contained shall extend "to restrain or prevent any person or persons from issuing or negociating any bill or bills of exchange, promissory note or promissory notes, having the sum or amount thereof expressed in guineas, or in a numerical figure or figures, denominating the sum or amount thereof, in pounds sterling, appearing visible on the substance of the paper upon which the same shall be written or printed.”. 10. And the fifth section provides also that the act shall not restrain or prevent any person or persons "from making, using, vending, exposing to sale, publishing or disposing of any paper having waving or curved lines, or any other devises in the nature of watermarks visible in the substance of the paper, not being bar lines or laying wire lines, provided the same are not contrived in such manner as to form the ground work or texture of the paper, or to imitate or resemble the waving or curved laying wire lines or bar lines of the said paper of the governor and company of the Bank of England, or to imitate or resemble the watermarks used by the governor and company of the Bank of England in the bank notes, bank bills of exchange, and bank post bills, issued by the said governor and company.' 99 - 11. The seventh section of this act relates to persons engraving plates, &c. and enacts" that if any person or persons shall engrave, cut, etch, scrape, or by any other means or device make, or shall cause or procure to be engraved, cut, etched, scraped, or by any other means or device made, or shall knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other means or device making, in or upon any plate of copper, brass, steel, pewter, or of any other metal or mixture of metals, or upon any wood or any other materials, or any plate whatsoever, any bank note, bank bill of exchange, bank post bill, or blank bank note, blank bank bill of exchange, or blank bank post bill, or part of a bank note, bank bill of exchange, or bank post bill, purporting to be the note, or bill of exchange, or bank post bill, or blank bank note, or blank bank bill of exchange, or blank bank post bill, or part of the note or bill of exchange, or bank post bill of the governor and company of the Bank of England, without an authority in writing for that purpose from the said governor and company of the Bank of England; or shall use any such plate so engraved, cut, etched, scraped, or by any other means or device made, or shall use any other instrument or device for the making or printing any such bank note, bank bill of exchange, or bank post bill, or blank bank note, or blank bank bill of exchange, or blank bank post bill, or part of a bank note, or bank bill of exchange, or bank post bill, without such authority in writing as aforesaid; or if any person or persons shall, without such authority as aforesaid, knowingly have in his, her, or their custody, any such plate, instrument, or device, or shall, without such authority as aforesaid, knowingly, and wilfully utter, publish, dispose of, or put away any such blank bank note, blank bank bill of exchange, or blank bank post bill, or part of such bank note, bank bill of exchange, or bank post bill, every person so offending in any of the cases aforesaid, and being convicted thereof according to law, shall be adjudged a felon, and shall be transported for the term of fourteen years.". 12. The 52 Geo. III. c. 138. s. 5. was passed for the further prevention of frauds practised by the imitation of the notes and bills of the Bank of England. It enacts" that if any person shall engrave, cut, etch, scrape, or by any other means or device make, or shall cause or procure to be engraved cut, etched, scraped, or by any other means or device make, or shall knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other means or device making, in or upon any plate of copper, brass, steel, pewter, or of any other metal or mixture of metals, or upon wood or any other

materials,