or any other person or persons whomsoever;" then, and in every such case, every such person so offending shall be adjudged guilty of felony, without benefit of clergy.40. By the statute 2 & 3 Ann. c. 4. which was passed for the public registering of all deeds, conveyances, and wills of any honors, manors, lands, tenements, or hereditaments, within the West Riding of the county of York, it is directed that a memorial of such deeds, &c. be registered in a certain manner at Wakefield, and that the registrar shall indorse a certificate of such registry on every such deed, &c.: and the nineteenth section enacts, "that if any person or persons shall at any time forge or counterfeit any such memorial or certificate as are hereinbefore mentioned and directed, and be thereof lawfully convicted, such person or persons shall incur and be liable to such pains and penalties, as in and by the 5 Eliz. c. 14. are imposed upon persons for forging or publishing of false deeds, charters or writings sealed, court rolls or wills, whereby the freehold or inheritance of any person or persons of, in or to any lands, tenements or hereditaments, shall or may be molested, troubled or charged." The 5 & 6 Ann. c. 18. after directing that all bargains and sales of any manors, lands, &c., within the West Riding of the county of York, shall be registered at Wakefield, and indorsed by the registrar; that the inrolment of every such deed shall be deemed a memorial pursuant to the former statute 2 & 3 Ann. c. 4.; and that no judgment, statute, &c. shall bind any manors, lands, &c. but only from the time a memorial thereof shall be registered in the office; enacts, (s. 8.) "that if any person or persons shall at any time forge or counterfeit any entry of the acknowledgment of any bargainer in any such bargain and sale as aforesaid, or any such memorial, certificate or indorsement as are herein mentioned or directed, and be thereof lawfully convicted," such person or persons shall incur the pains and penalties of the same statute 5 Eliz. c. 14. The provisions of these statutes of 2 & 3 Ann. and 5 & 6 Ann, are extended by the statute 8 Geo. II. c. 6. s. 31. to the North Riding of the county of York. And the statute 7 Ann. c. 20. which was passed for the public registering of deeds, conveyances, wills, and other incumbrances, affecting any honors, manors, lands, &c. within the county of Middlesex, after directing as to the memorials, certificates, &c. enacts (s. 15.) "that if any person or persons shall at any time forge or counterfeit any entry of the acknowledgment of any such memorial, certificate or indorsement, as is herein mentioned or directed, and be thereof lawfully convicted," such person or persons shall incur the pains and penalties of the same statute 5 Eliz. c. 14.41. The statute 54G.3. c.133. intituled "an act for better enabling the commissioners of stamps to make allowances for spoiled stamps on policies of insurance in Great Britain, and for preventing frauds relating thereto," enacts, (by s. 10.) "that if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, or willingly aid or assist in the forging or counterfeiting of the name or handwriting of any underwriter on any policy of insurance, to any declaration of any return of the premium on such policy, or any part thereof, or shall fraudulently alter, or cause or procure to be altered, or aid or assist in altering any such declaration, after the same shall have been signed by any underwriter, or shall utter or make use of any such declaration, knowing the same to have been fraudulently altered, or the name or handwriting of any underwriter to have been forged or counterfeited thereon, for the purpose of ob taining any such allowance as aforesaid, and with intent to defraud his majesty, his heirs, &c. every person so offending shall, for the first offence, forfeit the sum of five hundred pounds, to be paid to his majesty, his heirs or successors, and to be recovered in the same manner as other penalties imposed by any of the laws now in force relating to stamp duties; and for the second and every other offence shall be adjudged guilty of felony, and shall be transported for seven years to parts beyond the seas." All the powers, provisions, pains, penalties, &c. of this act are extended by a statute passed in the same session, 54 Geo. 3. c. 144. s. 11. to the contracts of insurance, and to the allowance of stamp duty in the cases therein specified.42. The lottery acts usually contain clauses, making the forging, &c. any ticket, certificate, &c. subject to capital punishment. By the 49 G. 3. c. 94. s. 11. "if any person or persons shall forge or counterfeit, or cause or procure to be forged or counterfeited, or willingly act or assist in the forging or counterfeiting, any ticket or tickets, certificate or certificates, order or orders, made forth by virtue of this present act, or alter any number, figure, word or letter therein, or knowingly utter, vend, barter, or dispose of, any such false, altered, forged, or counterfeited ticket or tickets, certificate or certificates, order or orders, or shall bring any such forged or counterfeited ticket, certificate or order, or any such ticket, certificate or order, the number whereof, or any figure, word, or letter therein, shall have been altered, (knowing the same to be, forged, counterfeited or altered,) to the said managers and directors or any of them, or to the cashier or cashiers, or accomptant-general of the Bank of England for the time being, or to any other person or persons whatsoever, with a fraudulent intention; or shall

15

shall willingly aid, abet, assist, hire or command, any person or persons to commit any such offence or offences as aforesaid," then, and in every such case, every such person shall be adjudged a felon, without benefit of clergy. And the statute further proceeds to empower the said managers and directors, or any two or more of them, to cause any person bringing or uttering such forged or counterfeited ticket, &c. as aforesaid, or aiding, &c. therein, to be apprehended, and to commit such person to Newgate, or to the common gaol of the county or place where such person shall be so apprehended, to be proceeded against for the said felony according to law. 43. The statute 46 G.3. c. 142. which was passed for the better regulation of the office of surveyor-general of the woods and forests, enacts, (s. 14.) "that if any person or persons shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in forging or counterfeiting the name or handwriting of the surveyor-general of the woods and forests for the time being, or his deputy, to any draft, instrument, or writing whatsoever, for or in order to the receiving or obtaining any of the money in the hands or custody of the governor and company of the Bank of England, on account of the surveyor-general of the woods and forests, or shall forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in the forging or counterfeiting any draft, instrument, or writing in form of a draft, made by such surveyor-general or his deputy, or the person or persons authorised as aforesaid, or shall utter or publish any such, knowing the same to be forged or counterfeited, with an intent to defraud any person whomsoever," every such offender shall be adjudged guilty of felony without benefit of clergy.-44. By 50 G. 3. c. 41, s. 18. forging, &c. any hawker's licence is liable to 500l. forfeiture. 45. And by 17 G. 2. c. 5. counterfeiting certificates under the vagrant act, is liable to 50l. forfeiture. VII. Private Papers, Securities, and Documents.

1. The 2 G. 2. c. 25. s. 1. enacts" that if any person 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 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 shall be deemed guilty of felony, and suffer death as a felon, without benefit of clergy.2. The statute 31 G. 2. c. 22. s. 78. reciting that doubts might arise whether the punishment, under the former statute, extended to forgeries with intent to defraud any corporation, supplies the supposed defect. - 35. The statute 7 G. 2. c. 22. enacts, "that if any person 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 acceptance 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, 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 warrant or order for payment of money, or delivery of goods, with intention to defraud any person, knowing the same to be false, altered, forged, or counterfeited;" then every such person shall be deemed guilty of felony without benefit of clergy.-4. The 18 G. 3. c. 18. contains similar provisions as to such forgeries committed with intent to defraud any corporation.-5. The statute 43 G.3. c. 139. was passed for the prevention of the forging of foreign bills of exchange, promissory notes, &c, and enacts, “ that if any person shall, within any part of the united kingdom of Great Britain and Ireland, falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or knowingly aid or assist in the false making, forging, or counterfeiting, any bill of exchange, or any promissory note, undertaking, or order for the payment of money, purporting to be the bill of exchange, promissory note, undertaking, or order for the payment of money, of any foreign prince, state, or country whatsoever, or of any minister or officer entrusted by or employed in the service of any foreign prince, state, or country, or of any person, or company of persons resident in any foreign state or country, or of any body corporate and politic, and body in the nature of a body corporate and VOL. IV. Ff[A] politic

politic, ereated or constituted by any foreign prince or state, with intent to deceive or defraud his majesty, his heirs, &c. or any such foreign prince, state, or country, or with intent to deceive or defraud any person or company of persons whomsoever, or any body corporate and politic, or body in the nature of a body corporate and politic whatsoever, whether the same be respectively resident, carrying on business, constituted or being in any part of the united kingdom, or in any foreign state or country, and whether such bill of exchange, promissory note, or order, be in the English language, or in any foreign language or languages, or partly in one and partly in the other; or if any person shall, within any part of the said united kingdom, tender in payment or in exchange, or otherwise utter or publish as true, any such false, forged, or counterfeited bill of exchange, promissory note, undertaking, or order, knowing the same to be false, forged, or counterfeited, with intent to deceive or defraud his majesty his heirs, &c. or any foreign prince, state, or country, or any person or company of persons, or any body corporate and politic, or body in the nature of a body politic and corporate as aforesaid, then every person so offending shall be deemed and taken to be guilty of felony, and being thereof lawfully convicted, shall be transported for any term of years not exceeding fourteen years."-6. The statute 45G.3. c.89. s.1, reciting, that by the 2G.2. c. 25. the 7G. 2. c.22. and other acts, certain provisions were made for the preventing and punishing the forgery of notes, bills, instruments, &c. in those acts respectively mentioned; and that it was expedient that such provisions should extend and be in force in every part of Great Britain, with such alterations and amendments therein as were thereby madé, enacts, that if any person or persons shall 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 politic 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 politic or corporate, knowing the same to be false, forged, counterfeited or altered," then every person or persons so offending shall be deemed guilty of felony without benefit of clergy. 7. Questions have arisen upon these statutes, respecting what instruments shall be considered as bills of exchange, promissory notes, indorsements, &c.; receipts, or as warrants or orders for the payment of money or delivery of goods.-8. A promissory note for the payment of one guinea in cash or Bank of England note, is not within the 2G. 2. c. 25. Wilcock's case, 2 Russell, 1623.-9. A bill drawn upon the commissioners of the navy, is a bill of exchange within the 2 G. 2. c. 25. Chisholm's case, 2 Russell, 1624.10. As to the question, whether a false assertion in an indorsement, that the indorser has a procuration, without any other circumstance of falsehood or misrepresentation, will make such an indorsement a forgery within the statute, see Maddock's case, 2 Russell, 1626.-11. A promissory note may be a valid note_within the st. 2 G. 2. c. 25. and the subject of forgery though not negotiable. 6 Taunt. 325,-12. Received the contents above, by me, B. W is a sufficient statement of the receipt in the indictment, without setting forth the list of items to which it referred. 2 East, P. C. c. 19. s. 36. p. 925.-13. A forged receipt for bank notes is not a receipt for money or goods within the st. 2G. 2. e. 26. But an entry of the receipt of money or notes, made by a cashier of the Bank of England, in the bank book of a creditor, is an accountable receipt for the payment of money within the 7 G. 2. c. 22. 1 Leach, 180. 2 East, P. C. c. 19. s. 36. p. 926. Russell, 1632. n.-14. The mere signing certain names to an assignment for payment navy bill, does not, unless connected with other facts, purport on the face of the writing to be a receipt; and it should therefore be averred, that the navy Will, &e. together with the signature, did purport to be and was a receipt.2 Leach, 624.01 2 East, P. C. e. 19. s. 56. p. 928.-15. The indictment for forging the word settled, at the bottom of a bill, must show, by proper averments, that it is a receipt. 2 Leach, 910.-16. A scrip receipt not filled up with the subscriber's name is not a re

"

ceipt for money within the statutes, 2 Leach, 597. 2 East, P. C. c. 19. s. 56. p. 933. 17. Where a person who was employed by the executors of a contractor with the navy board to settle the account of the testator with government, produced forged acquittances and receipts, which were in fact fabricated vouchers, in order to exonerate the estates of the testator from an extent; it was held to be a forging and uttering within the st. 2G.2. C-250 2Leach, 87762 East, P.C. c.19, s. 36. p. 934-18. As to the night of the prisoner to put the prosecutor to his election on an indictment stating various forgeries, see 2 Leach, 882, 19. The statute relating to warrants or orders for the payment of money or delivery of goods, is not confined to commercial transactions. 2 East, PC.c.19. $4h p.945.; s.39. p.942.20. Bills of exchange, &c. may be laid as warrants or orders for the payment of money.1 Leach, 94. 2 East, P. C. c. 19, 38, P.940. s. 40. p.944. Leach, 226. 2 East, P. C. c. 19. s. 40. p. 944.; s. 39. p.942121. The warrant or order must purport to have been made by one having authority to Sommand payment. 2 East, P. C. c. 19. s.37, p. 936.-22. A note to a shop-keeper in the name of an overseer of the poor was holden not to be within the statute. Fost. 1192 East, P. C. c. 19. s. 37, p.936. 23. A note to a tradesman requesting him to let the bearer have certain goods, is not within the statute, 1 Leach, 114. 2 East, P.C. c. 19. 8:37. P-937, 24 A forged order for the purpose of obtaining a re

ward for the apprehension of a vagrant, was holden not within the statute; it being deficient in the requisites prescribed by the statute which authorises it to be made, Rushworth's case, 2 Russell, 1642.-25. It was held, that it ought to have appeared in the indictment, that the person whose name was subscribed to the order had no authority to make it 2 East, P. C. c. 19. s. 37, p. 938. 2Leach, 54. 38The order must be directed to the holder or person interested in or having possession of the goods. Ibid.-27. But if the order purport to be one which the party has a right to make, it will be within the act. 2 East, P. C. c. 19. s.38. p. 940, 28. A forged order on a banker was holden to be within the statute, though made in a fictitious name, as it purported to be made by a person who kept cash with such banker. 1 Leach, 94. 2 East, P. C. c. 19. s. 38. p.940, 941,-29. As to the specification of the goods in the order; see for an order in the following form, please to deliver my work to the bearer. Leach, 53.92 East, P. C. c. 19. s. 59. p.941.-30. An order not available by reason of some collateral objection, may yet be the subject of forgery. 2 East, P. C. c.19, s.39. p. 942. 2 Leach, 883, 31. Besides the foregoing statutes there are two others; the one 41 G.3. c.57, which enacts, "that if any person or persons in any part of the united kingdom of Great Britain and Ireland, shall make or cause or procure to be made, or knowingly aid or assist in the making or using of any frame, mould, or part of any frame or mould, for the making of paper, with the name or firm appearing visible in the substance of the paper, of any person or persons, body corporate, or other banking company or partnership, carrying on the business of bankers, without an authority in writing for that purpose from such person or persons, body corporate, or other banking company or partnership, or from some person or persons duly authorized to give such authority; or shall manufacture, make, vend, expose to sale, publish or dispose of, or cause or procure to be manufactured, made, vended or exposed to sale, published or disposed of, any paper having the name or firm appearing visible in the substance of the paper of any person or persons, body corporate, or other banking company or partnership whatsoever, carrying on the business of hankers; or if any person or persons, without such authority, shall, by any act, means, mystery, or contrivance, cause or procure, or shall knowingly aid or assist in causing or procuring the name or firm of any person or persons, body corporate, or other banking company or partnership, carrying on the business of bankers, 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, for the first offence, be imprisoned for any time not exceeding two years, nor less than six months; and for the second offence be transported to any of his majesty's colonies or plantations for the term of seven years,nad The second section of this statute enacts, that if any person or persons, in any part of the united kingdom of Great Britain and Ireland, 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 whatsoever, any bill of exchange, promissory note, or other note for the payment of money, or part of any bill of exchange, promissory note, or other note for the payment of money, purporting to be the bill of exchange, promissory note, or other note for the payment of money, of any person or persons, body corporate, banking company or partnership, carrying on the business of bankers, without an authority in writing for

that purpose, from such person or persons, body corporate, banking company or partnership, or some person or persons duly authorised to give such authority;, or shall use any such plate so engraved, cut, etched, scraped, or by any other means or device made, or shall use any other device for the making or printing any such bill of exchange, promissory note, or other note for the payment of money, 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 or device, or shall, without such authority as aforesaid, knowingly and wilfully publish, dispose of, or put away any such bill of exchange, promissory note, or other note for the payment of money, or part of such bill of exchange, promissory note, or other note for the payment of money; every person so offending in any of the cases aforesaid, and being convicted thereof according to law, shall, for the first offence, be imprisoned for any time not exceeding two years nor less than six months; and for the second offence be transported to any of his majesty's colonies or plantations for the term of seven years." The third section of the statute enacts, "that if any person or persons in any part of the united kingdom of Great Britain and Ireland, shall engrave, cut, or etch, or by any other means or contrivance trace with a hair-stroke or other mode of delineation, on any plate whatsoever, any of the subscriptions subjoined to any bill of exchange, promissory note or other note for the payment of money, of any person or persons, body corporate, or other banking company or partnership carrying on the business of bankers, to be payable to bearer on demand, or shall have in his, her, or their possession any plate with the hairstrokes or other delineation of any subscription traced thereon, subjoined to any bill of exchange, promissory note, or other note for the payment of money, purporting to be the bill of exchange and promissory note, or other note for the payment of money, of any person or persons, body corporate, or other banking company or partnership carrying on the business of bankers, and to be payable to the bearer on demand, and shall not be able to prove that such plate came into his, her, or their possession without his, her, or their knowledge or consent, every person so offending in any of the cases aforesaid, and being convicted thereof according to law, shall, for the first offence be imprisoned for any time not exceeding three years nor less than twelve months, and for the second offence be transported to any of his majesty's colonies or plantations for the term of seven years." The other, 43 G.3. c. 139. which enacts," that no person shall, within any part of the united kingdom of Great Britain and Ireland, engrave, cut, etch, scrape, or by any other means or device, make or knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other means or device making, in or upon any plate whatsoever, any bill of exchange, or any promissory note or undertaking, or order for the payment of money, purporting to be the bill of exchange, promissory note, undertaking, or order of any foreign prince, state, or country, or of any minister or officer entrusted by or employed in the service of any foreign prince, state or country, or of any person or company of persons, resident or being in any foreign state or country, or of any body corporate and politic, or body in the nature of a body corporate and politic, or constituted by any foreign prince or state, or any part of any such bill of exchange, promissory note, undertaking, or order, without an authority in writing for that purpose from such foreign prince, state, or country, minister or officer, person, company of persons, or body corporate and politic, or body in the nature of a body corporate and politic, or from some person duly authorised to give such authority, or shall within any part of the said united kingdom, without such authority, as aforesaid, by means of any such plate, or by any other device or means, make or print any such foreign bill of exchange, promissory note, undertaking, or order for the payment of money, or any part thereof, or knowingly, wilfully, and without lawful excuse, (the proof whereof shall lie 'upon the party accused), have in his or her custody any such plate or device, or any -impression taken from the same; and if any person shall offend in any of the cases aforesaid, he shall be deemed and taken to be guilty of a misdemeanor and breach of the peace; and, being thereof convicted according to law, shall be liable for the first offence to be imprisoned for any time not exceeding six months, or to be fined, or to be publicly or privately whipped, or to suffer one or more of the said punishments, and for the se cond offence to be transported to any of his majesty's colonies or plantations for the term of fourteen years." It then provides that nothing contained in the act shall extend in any manner whatsoever to repeal or alter any law or statute at that time in force for the prevention or punishment of the crime of forgery within any part of the united kingdom.

(B) Remedy