Page images
PDF
EPUB

a case would clearly fall within the new words
of this clause.

As to hard labour, &c., see ante, p. 5.

or

13. Whosoever, without lawful authority or excuse Purchasing (the proof whereof shall lie on the party accused),

or having shall purchase or receive from any other person, or forged have in his custody or possession, any forged bank bank notes. note, bank bill of exchange, or bank post bill, or blank bank note, blank bank bill of exchange, or blank bank post bill, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years.--or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note. This clause is taken from the 1 Will. 4, c. 66, s. 12. There was a similar clause in the 49 Geo. 3, c. 13, s. 2 (I.), relating to bank notes, &c., of the Bank of Ireland.

A question may be raised whether this clause includes the notes of common bankers. Neither of the old enactments did; but placed as this enactment is, immediately after the one including such notes, and describing them as commonly called by the very terms used in this section, there can be no doubt that they would be held to be within it.

The words “ without lawful authority, &c.," are made uniform throughout this Act.

As to hard labour, &c., see ante, p. 5.

As to making and engraving plates, &c., for

bank notes, &c. : 14. Whosoever, without lawful authority or excuse Making or (the proof whereof shall lie on the party accused), having

mould for shall make or use, or knowingly have in his custody

making or possession, any frame, mould, or instrument for paper with the making of paper with the words “Bank of Eng- the words

[ocr errors]

or

9

or with

Bank of land” or “Bank of Ireland," or any part of such England," words intended to resemble and pass for the same, * Bank

visible in the substance of the paper, or for the of Ireland,

making of paper with curved or waving bar lines, curved bar or with the laying wire lines thereof in a waving lines, &c., or curved shape, or with any number, sum, or amount such paper. expressed in a word or words in Roman letters,

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 governor and
company of the Banks of England and Ireland
respectively for any notes, bills of exchange, or bank
post bills of such banks respectively,] or shall make,
use, sell, expose to sale, utter, or dispose of, or know-
ingly have in his custody or possession, 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 dis-
tinction peculiar to and appearing in the substance
of the paper used by the governor and company of
the Banks of England and Ireland respectively
for any notes, bills of exchange, or bank post
bills of such banks respectively,] or shall by any
art or contrivance cause the words “Bank of Eng-
land” or “Bank of Ireland,” or any part of such
words intended to resemble and pass for the same,
(or any device or distinction peculiar to and ap-
pearing in the substance of the paper used by the
governor and company of the Banks of England
and Ireland respectively for any notes, bills of ex-
change, or bank post bills of such banks respectively,]
to appear visible in the substance of any paper, or
shall cause 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, shall

be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note.—This clause is framed from the 1 Will. 4, c. 66, s. 13; 38 Geo. 3, c. 53, s. 3 (I.); and 39 Geo. 3, c. 63, s. 3 (I.).

The parts between brackets are taken from the two latter Acts; those Acts had the words "or the greater part of such words," for which the Select Committee of the Commons substituted

any part of such words intended to resemble and pass for the same," as the greater part of the words “Bank of Ireland” or “Bank of England” might be visible in paper, and yet might neither resemble nor be intended to resemble either of those expressions.

As to hard labour, &c., see ante, p. 5.

15. Nothing in the last preceding section con- Proviso as tained shall prevent any person from issuing any bill to paper of exchange or promissory note having the amount hills of thereof expressed in guineas, or in a numerical figure exchange, or figures denoting the amount thereof in pounds &c. sterling, appearing visible in the substance of the paper upon which the same shall be written or printed, nor shall prevent any person from making, using, or selling any paper having waving or curved lines or any other devices 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 so contrived as to form the groundwork or texture of the paper, or to resemble the waving or curved laying wire lines or bar lines or the watermarks of the paper used by the governor and company of the Banks of England and Ireland respectively,

Note.-This clause is taken from the 1 Will. 4, c. 66, s. 14, and is new in Ireland.

&c., for

notes of Bank of

paper upon which a

shall be

Engraving

16. Whosoever, without lawful authority or excuse or having the proof whereof shall lie on the party accused), any plate, shall engrave or in anywise make upon any plate making whatsoever, or upon any wood, stone, or other

material, any promissory note, bill of exchange, or England,

bank post bill, or part of a promissory note, bill of or Ireland, exchange, or bank post bill, purporting to be a bank or other

note, bank bill of exchange, or bank post bill of the having such governor and company of the Bank of England or of plate, &c., the governor and company of the bank of Ireland, or uttering or of any other body corporate, company, or person or having

carrying on the business of bankers, or to be a

blank bank note, blank promissory note, blank bank blank bank bill of exchange, or blank bank post bill of the note, &c.,

governor and company of the Bank of England or of printed. the governor and company of the Bank of Ireland,

or of any such other body corporate, company, or person as aforesaid, or to be a part of a bank note, promissory note, bank bill of exchange, or bank post bill of the governor and company of the Bank of England or of the governor and company of the Bank of Ireland, or of any such other body corporate, company, or person as aforesaid, or any name, word, or character resembling or apparently intended to resemble any subscription to any bill of exchange or promissory note issued by the governor and company of the Bank of England or the governor and company of the Bank of Ireland, or by any such other body corporate, company, or person as aforesaid, or shall use any such plate, wood, stone; or other material, or any other instrument or device, for the making or printing any bank note, bank bill of exchange, or 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, or knowingly have in his custody or possession any such plate, wood, stone, or other material, or any such instrument or device, or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which

any

blank bank note, blank bank bill of exchange, or blank bank post bill of the governor and company of the Bank of England or of the governor and company of the Bank of Ireland, or of any such other body corporate, company, or person as aforesaid, or part of a bank note, bank bill of exchange, or bank post bill, or any name, word, or character resembling or apparently intended to resemble any such subscription, shall be made or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.-This clause is framed from the 1 Will. 4, c. 66, ss. 15, 18. There were similar clauses in the 38. Geo. 3, c. 53, s. 4 (I.); 39 Geo. 3, c. 63, s. 4 (I.); 41 Geo. 3, c. 57, ss. 2, 3; and 1 Geo. 4, c. 92, s. 1.

As to hard labour, &c., see ante, p. 5.

17. Whosoever, without lawful authority or excuse Engraving (the proof whereof shall lie on the party accused), on a plate, shall engrave or in anywise make upon any plate

&c., any

word, numwhatsoever, or upon any wood, stone, or other mate-ber, or derial, any word, number, figure, device, character, or vicé, reornament the impression taken from which shall sembling resemble or apparently be intended to resemble any bank note part of a bank note, bank bill of exchange, or bank or bill, or post bill of the governor and company of the Bank using or of England or of the governor and company of the such plate, Bank of Ireland, or of any other body corporate, &c., or company, or person carrying on the business of bankers, uttering or

having any or shall use, or knowingly have in his custody or

paper on possession, any such plate, wood, stone, or other which any material, or any other instrument or device for the such word,

&c., is imimpressing or making upon any paper or other mate

pressed. any word, number, figure, character or ornament which shall resemble or apparently be intended to

« EelmineJätka »