sub-s. 9 (ante, p. 759). As to the making, etc., of paper in imitation of paper used for stamp duties, see Id. s. 14. As to the possession of paper, plates, or dies used for stamp duties, see ld. s. 15. Sect. 16 permits the issue and execution of search warrants for forged dies, etc. Sects. 14-16 were extended to paper used for excise licences by 61 & 62 Vict. c. 46, s. 12. As to instruments for forging stamps used in pursuance of the Local Stamp Act, 1869, see 32 & 33 Vict. c. 49, s. 8. Making or possessing without lawful excuse dies, etc., for making a fictitious postage stamp of any British colony or foreign state; summarily punishable, 47 & 48 Vict. c. 76, s. 7. See Dickins v. Gill [1896] 2 Q. B. 310.

Indictment under 24 & 25 Vict. c. 98, s. 17 (ante, p. 765).

Commencement as ante, p. 710]-without lawful authority or excuse feloniously did knowingly have in his possession certain plates, to wit, two copper plates for the impressing and making upon paper certain numbers, figures, and characters apparently intended to resemble part of a bank-note of a certain body corporate carrying on the business of bankers other than the governor and company of the Bank of England, and the governor and company of the Bank of Ireland, to wit, part of a bank-note of 101. of a certain body corporate known as the National Bank of the South African Republic; against the form [as ante, p. 465].

FRAUDS AGAINST THE DECLARATION OF TITLE ACT, 1862.

Statute.

25 & 26 Vict. c. 67.]-This Act contains provisions punishing as misdemeanors the making of false statements (s. 44) or the suppression of material documents in proceedings before the court, and as a felony (s. 45), fraudulent forgery or alteration of certificates or documents of title. Sect. 46 saves civil remedies: s. 47 saves obligation to make discovery, but makes answers thus obtained inadmissible in criminal proceedings (cf. ante, pp. 328, 329).

FRAUDS AGAINST THE TRANSFER OF LAND ACT, 1862.

Statute.

25 & 26 Vict. c. 53.]-This statute contains provisions directed against frauds with reference to the registration of land, treating them as indictable misdemeanors. See ss. 105, 106, 107, 138, and 139. No registration has taken place under this Act since 1875. See 38 & 39 Vict. c. 87, s. 125.

FRAUDS AGAINST THE LAND TRANSFER AOTS, 1875 AND 1897.

Statutes.

38 & 39 Vict. c. 87 (Land Transfer Act, 1875), s. 99:]-If in the course of any proceedings before the registrar or the court in pursuance of this

Act any person concerned in such proceedings as principal or agent, with intent to conceal the title or claim of any person, or to substantiate a false claim, suppresses, or attempts to suppress, or is privy to the suppression of any document or of any fact, the person so suppressing, attempting to suppress, or privy to suppression, will be guilty of a misdemeanor, and upon conviction on indictment shall be liable to be imprisoned for a term not exceeding two years, with or without hard labour, or to be fined such sum not exceeding five hundred pounds as the court before which he is tried may award.

Sect. 100.]-If any person fraudulently procures, attempts to fraudulently procure, or is privy to the fraudulent procurement of any entry on the register, or of any erasure from the register or alteration of the register, such person shall be guilty of a misdemeanor, and upon conviction on indictment be liable to imprisonment for any term not exceeding two years, with or without hard labour, or to be fined such sum not exceeding five hundred pounds as the court before which he is tried may award; and any entry, erasure, or alteration so made by fraud shall be void as between all parties or privies to such fraud.

Sect. 101.]-If any person in any affidavit or declaration required or authorized to be made for any purpose under this Act, or any order or general rules made in pursuance thereof, wilfully makes a false statement in any material particular, he shall be guilty of a misdemeanor, and upon conviction on indictment shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, or to be fined such sum not exceeding five hundred pounds as the court before which he is tried may award.

Sect. 102.]-No proceeding or conviction for any act declared by this Act to be a misdemeanor shall affect any remedy which any person aggrieved by such act may be entitled to, either at law or in equity.

Sect. 103.]-Nothing in this Act contained shall entitle any person to refuse to make a complete discovery by answer in any legal proceeding, or to answer any question or interrogatory in any civil proceeding, in any court of law or equity, or in the courts of bankruptcy; but no answer to any such bill, question, or interrogatory shall be admissible in evidence against each person in any criminal proceeding under this Act. See ante, p. 328, et seq.

60 & 61 Vict. c. 65 (Land Transfer Act, 1897), s. 20.]—Power to make registration of title compulsory on sale. Exercised as to the whole of the administrative county of London.

Sect. 26.]-This Act . . . shall be construed as one with the Land Transfer Act, 1875.

SECT. 9.

FALSE PERSONATION.

Common Law.

At common law false personation was indictable only as a cheat, and was therefore punishable as a misdemeanor. 3 Chit. Cr. L. 1080.

PERSONATING SEAMEN, SOLDIERS, ETC.

Statutes.

28 & 29 Vict. c. 124 (Admiralty Powers, etc., Act, 1865), s. 8-Personating Seamen, etc.]-If any person in order to receive any pay, wages, allotment, prize money, bounty money, grant or other allowance in the nature thereof, half-pay, pension, or allowance from the Compassionate Fund of the Navy, payable or supposed to be payable by the Admiralty, or any other money so payable, or supposed to be payable, or any effects or money in charge or supposed to be in charge of the Admiralty, falsely and deceitfully personates any person entitled or supposed to be entitled to receive the same, every such person shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding five years . . . or on summary conviction before a justice, sheriff, or magistrate, shall be liable to be imprisoned for any term not exceeding six months, with or without hard labour.

Sect. 9-Saving for punishment under other Acts, etc.]-Nothing in this Act shall prevent any person from being proceeded against and punished under any other Act, or at common law in respect of an offence (if any) punishable as well under this Act as under any other Act, or at common law. [Cf. 52 & 53 Vict. c. 63, s. 33, ante, p. 170.]

7 G. 4, c. 16 (Chelsea, etc., Hospitals Act, 1826), s. 38-Personating Soldiers, etc.]-If any person shall willingly and knowingly personate or falsely assume the name or character, or procure any other to personate or falsely assume the name or character of any officer, non-commissioned officer, soldier, or other person entitled or supposed to be entitled to any pension, wages, pay, grant, or other allowance of money, prize money, or relief, due or payable, or supposed to be due or payable, for on no account of any service done or supposed to be done by any such officer, noncommissioned officer, soldier, or other person as aforesaid in his Majesty's army or other military service, or shall personate or falsely assume the name or character of the executor or administrator, wife, relation, or creditor, of any such officer, non-commissioned officer, soldier, or other person as aforesaid, in order fraudulently to receive any pension, wages, pay, grant or other allowance of money, prize money, or relief due or payable, or supposed to be due or payable, for or on account of any services done, or supposed to be done by any such officer, non-commissioned officer, soldier, or other person as aforesaid . . . [portions as to forgery, ante, p. 761; as to perjury, post, tit. " Perjury"], every such person so offending, being thereof lawfully convicted, shall be and is hereby declared and adjudged to be guilty of felony, and shall and may be transported for life, or for such term of years as the court shall adjudge. [The punishment is now penal servitude for life or not less than three years, or imprisonment, with or without hard labour, for not more than two years. 20 & 21 Vict. c. 3; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2, ante, pp. 235, 236.] Sect. 35-Description of property in indictment.]-Ante, p. 65.

2 & 3 W. 4, c. 53 (Army Prize Money Act, 1832), s. 49-Personating soldiers, etc.]—If any person shall knowingly and willingly personate or

falsely assume the name or character, or procure any other person or personate or falsely assume the name or character, of any officer, noncommissioned officer, soldier, or other person entitled or supposed to be entitled to any prize money, grant, bounty money, share or other allowance of money, due or payable, or supposed to be due or payable, for or on account of any service performed or supposed to have been performed by any officer, non-commissioned officer, soldier, or other person who shall have really served or be supposed to have served in his Majesty's army, or in any other military service, or shall personate or falsely assume, or act, aid or assist in personating or falsely assuming the name or character, or procure any other person to personate or falsely assume the name or character, of the executor or administrator, wife, widow, next of kin, relation or creditor of any such officer, non-commissioned officer, soldier, or other person, as aforesaid, in order to receive or to enable any other person to receive any prize money, grant, bounty money, share, or other allowance of money, due or payable, or supposed to be due or payable, for or on account of any service performed, or supposed to have been performed, by any such officer, non-commissioned officer, soldier, or other person as aforesaid . . . [portions as to forgery, ante, p. 761; as to perjury, post, tit. "Perjury"]; all and every person so offending, being thereof lawfully convicted, shall be and are and is hereby declared and adjudged to be guilty of felony, and shall be transported beyond the seas for life, or for any term not less than seven years as the court before whom such person or persons shall be convicted shall adjudge. [See 44 & 45 Vict. c. 58, s. 142, infra. The punishment is now the same as under 7 G. 4, c. 16, s. 38, ante, p. 768.]

37 & 38 Vict. c. 36-False Personation Act, 1874.]-See post, p. 772.

44 & 45 Vict. c. 58 (Army Act), s. 142.]—(2.) Any person who falsely represents himself to any military, naval, or civil authority to belong to, or be a particular man of, the regular reserve or auxiliary forces shall be deemed to be guilty of personation. (3.) Any person who is guilty of an offence under the False Personation Act, 1874 (post, p. 772), in relation to any military pay, reward, pension, or allowance, or to any sum payable in respect of military service, or to any money or property in the possession of the military authorities, or is guilty of personation under this section, shall be liable on summary conviction to imprisonment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding 251. (4) Provided that nothing in this section shall prevent any person from being proceeded against and punished under any other enactment or at common law in respect of any offence, so that he be not punished twice for the same offence. [Cf. 52 & 53 Vict. c. 63, s. 33, ante, p. 170.]

Indictment for personating a Seaman. (28 & 29 Vict. c. 124, s. 8,

ante, p. 768.)

Central Criminal Court, to wit:-The jurors for our lord the King upon their oath present, that J. S., on the first day of August, in the year of our Lord- at the parish of, in the county of -, and within the jurisdiction of the said court, in order to receive certain pay then payable by the Admiralty ("any pay, wages, allotment, prize money, bounty money, grant, or other allowance in the nature thereof, half-pay, pension, or allowance from the Compassionate Fund of the Navy, payable, or supposed to be payable, by the Admiralty, or any other money so payable, or

A.C.P.

49

supposed to be payable, or any effects or money in charge or supposed to be in charge of the Admiralty") did unlawfully, falsely, and deceitfully personate one J. N., a person then entitled to receive the same pay ("any person entitled or supposed to be entitled to receive the same "); against the form [as ante, p. 465].

Misdemeanor: penal servitude for any term not exceeding five years and not less than three years, or imprisonment not exceeding two years, with or without hard labour. 28 & 29 l'ict. c. 124, s. 8; 54 & 55 Vict. c. 69, s. 1 (ante, p. 235).

In indictments for the personation of soldiers, etc., the intent may be laid to defraud "the Lords and others, Commissioners of the Royal Hospital for Soldiers at Chelsea, in the county of Middlesex (London)." 7 G. 4, c. 16, s. 35 (ante, p. 65).

Evidence.

Prove that J. N. was a person entitled to receive pay from the Admiralty. See R. v. Brown, 2 East, P. C. 1007: R. v. Tannet, R. & R. 351. Prove that the defendant personated or assumed the name and character of J. N. The offence will be complete, though the personated seaman be dead; R. v. Martin, R. & R. 324; and even though the wages have been paid. R. v. Cramp, Id. 327. So, upon an indictment on s. 38 of the Chelsea, etc., Hospitals Act, 1826 (7 G. 4, c. 16), for forging the name of a person to a letter of attorney for the receipt of a pension 'supposed to be due" to such person; it was held that the defendant was rightly convicted, although it appeared that no such pension was actually existing. R. v. Pringle, 2 Mood. C. C. 127; 9 C. & P. 408. It is no defence to an indictment under 2 & 3 W. 4, c. 53, s. 49 (ante, p. 768), for personating a soldier to prove that the prisoner was authorized by the soldier to personate him; R. v. Lake, 11 Cox, 333; or that the prisoner had bought from the soldier personated the prize money to which the latter was entitled. Id.

PERSONATING OWNERS OF STOCK, ETC.

Statutes.

24 & 25 Vict. c. 98 (Forgery Act, 1861), s. 3-Personating owners of stock transferable at the bank or of shares in companies.]-Whosoever shall falsely and deceitfully personate any owner of any share or interest of or in any stock, annuity, or other public fund, which now is or hereafter may be transferable at the Bank of England or at the Bank of Ireland, or any owner of any share or interest of or in the capital stock of any body corporate, company, or society, which now is or hereafter may be established by charter, or by, under, or by virtue of any Act of Parliament, or any owner of any dividend or money payable in respect of any such share or interest as aforesaid, and shall thereby transfer or endeavour to transfer any share or interest belonging to any such owner, or thereby receive or endeavour to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life...

[For indictment, see post, p. 771.]

33 & 34 Vict. c. 58 (Forgery Act, 1870), s. 4-Personation of owners of stock.]-If any person falsely and deceitfully personates any owner of any