Note. This clause is new in England; but by the 38 Geo. 3, c. 53, s. 6 (I.), and 39 Geo. 3, c. 63, s. 6 (I.), power was given in Ireland to search for forged bills and notes of the banks of England and Ireland, and for frames, moulds, &c., for making such bills or notes. This clause. is partly framed on these enactments, and partly on the similar clause in the Coin Act, 2 Will. 4, c. 34, s. 14, with great additions. Wherever information on oath is made before a justice that there is reasonable cause to believe that any person has in his custody or possession without lawful authority or excuse any of the things mentioned in the clause, he may issue a search warrant under which they may be seized and secured to be used as evidence or otherwise dealt with according to law. The cases embraced by this clause are ;1. Where any person has in his possession, without lawful authority or excuse, any notes or bills of the Bank of England or Ireland, or of any other bank; this provision is intended to reach any case where the bills or notes of any of these banks may have been unlawfully taken away before they were regularly issued. It is true that in such a case the bills or notes are not forged, but they have been unlawfully taken out of the bank, and ought not to be circulated, and the case is at least as strong as that of coining tools conveyed out of any of Her Majesty's mints without lawful authority or excuse, which may be seized under a search warrant. See the Coin Act, ss. 25, 27, post, pp. 335, 336. 2. Where any person has in his possession, without lawful authority or excuse, any frame, &c., for making paper in imitation of any of the paper used for such notes or bills, or any such paper, or any plate, wood, &c., having thereon any words, devices, &c., capable of producing the impression of any such note or bill,-or any tool, &c., used about any of those operations. 3. Where any person has in his possession, without lawful authority or excuse, any forged security, document, or instrument whatsoever. This is a new provision and a very important amendment of the law; for it will tend to facilitate prosecutions for forgery in many cases. Hitherto it has frequently happened that forgers have escaped with impunity for want of such a power as is here conferred: This clause includes every forged instrument whatsoever, and it authorises the search for such an instrument in every case at the instance of the Crown or a private prosecutor. It is quite clear that a search may be made under it wherever there is reasonable cause to believe that it is in the possession of the forger, for he can have no lawful authority or excuse for its possession; just as clearly is that the case where it is in the possession of any agent of the forger, for he can have no more authority or excuse for its possession than the forger. But perhaps it may be said that where a forged instrument is delivered to an attorney under such circumstances that, if it were a genuine instrument, he would be privileged from producing it, the attorney has a lawful authority or excuse for keeping pos session of it: but this clearly is not so; the words "without lawful authority excuse are introduced in this clause for the like purpose as in the other sections of this Act (ss. 9, 10, 11, 13, 14, 16, 17, 18, 19), and in the similar sections of the Coin Act (ss, 6, 7, 8), viz., to protect persons who are lawfully in possession, &c. of the things specified, and their agents, and are inapplicable to persons who are unlawfully in possession of the things, or their agents, whether attorneys or not. Consequently all such questions as arose in Rex v. Smith, 1 Phil. Ev. 171; Reg. v. Avery, 8 C. & P. 596; Reg. v. Hayward, 2 C. & K. 234; S. C. as Reg. v. Jones, 1 Den. C. C. 166; Reg. v. Farley, 2 C. & K. 313; 1 Den. C. C. 197; and Reg. v. Tuffs, 1 Den. C. C. 319, may be avoided in future by seizing the forged instrument under a search warrant issued in pursuance of this clause. Nor is there any reason why this should not be دو or Other stituted for done; for it is perfectly clear that a stolen deed, bill, or note, delivered by a client to his attorney, may be seized under a search warrant issued under s. 103 of the Larceny Act, ante, p. 187; so that this construction places the search for forged and stolen instruments on precisely the same footing. Lastly, where any person has in his possession without lawful authority or excuse, any machinery used in the forgery of any security, document or instrument whatsoever. 47. Whosoever shall, after the commencement of punish- this Act, be convicted of any offence which shall ments sub- have been subjected by any Act or Acts to the same those of the pains and penalties as are imposed by the Act passed in the fifth year of the reign of Queen Elizabeth, 14, which intituled, "An Act against Forgers of False Deeds adopted in and Writings," for any of the offences first enumeother Acts. rated in the said Act, shall be guilty of felony, and 5 Eliz. c. have been shall, in lieu of such pains and penalties, 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. All for geries Note.-This clause is taken from the 1 Will. 4, c. 66, s. 23, and extended to Ireland to meet any cases, if such; there be, to which its provisions may apply. 48. Where by any Act now in force any person falsely making, forging, counterfeiting, erasing, or which were altering any matter whatsoever, or uttering, pubcapital before the lishing, offering, disposing of, putting away, or 4, c. making use of any matter whatsoever, knowing the 66, and are same to have been falsely made, forged, counterwise feited, erased, or altered, or any person demanding ishable or endeavouring to receive or have any thing, or to 1 W. 4, c. not other pun be pun do or cause to be done any act, upon or by virtue of under this any matter whatsoever, knowing such matter to Act, shall have been falsely made, forged, counterfeited, erased, ished with or altered, would, according to the provisions con- penal sertained in any such Act, be guilty of felony, and vitude for life, &c. would, before the passing of the Act of the first year of King William the Fourth, chapter sixty-six, have been liable to suffer death as a felon; or where by any Act now in force any person falsely personating another, or falsely acknowledging anything in the name of another, or falsely representing any other person than the real party to be such real party, or wilfully making a false entry in any book, account, or document, or in any manner wilfully falsifying any part of any book, account, or document, or wilfully making a transfer of any stock, annuity, or fund in the name of any person not being the owner thereof, or knowingly taking any false oath, or knowingly making any false affidavit or false affirmation, or demanding or receiving any money or other thing by virtue of any probate or letters of administration, knowing the will on which such probate shall have been obtained to have been false or forged, or knowing such probate or letters of administration to have been obtained by means of any false oath or false affirmation, would, according to the provisions contained in any such Act, be guilty of felony, and would before the passing of the said Act of the first year of king William the Fourth have been liable to suffer death as a felon; or where by any Act now in force any person making or using, or knowingly having in his custody or possession, any frame, mould, or instrument for the making of paper, with certain words visible in the substance thereof, or any person making such paper, or causing certain words to appear visible in the substance of any paper, would, according to the provisions contained in any such Act, be guilty of felony, and would before the passing of the said Act of the first year of King William the Fourth have been liable to suffer death as a felon; then, and in each of the several cases aforesaid, if any person shall after the commencement of this Act be convicted of any such felony as is hereinbefore in this P Principals in the second section mentioned, or of aiding, abetting, counselling, or procuring the commission thereof, and the same shall not be punishable under any of the other provisions of this Act, every such person shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term 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 taken from the 1 Will. 4, c. 66, s. 1, and extended to Ireland to meet any case, if such there be, to which its provisions may apply. 49. In the case of every felony punishable under this Act, every principal in the second degree, and degree and every accessory before the fact, shall be punishable accessories. in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act, shall on conviction be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; Abettors in and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this Act shall be liable to be ceeded against, indicted, and punished as a principal offender. misdemea nors. pro Offences within the Note.-See the note to s. 67 of the Offences against the Person Act, ante, p. 88. 50. All indictable offences mentioned in this Act committed which shall be committed within the jurisdiction of jurisdic- the Admiralty of England or Ireland shall be tion of the deemed to be offences of the same nature, and Admiralty. liable to the same punishments as if they had been committed upon the land in England or Ireland, |