paid the prisoner the ten shillings demanded in the letter. Whilst the money was lying on the table, the prisoner asked her for fifteenpence for County Court expenses, as he wanted to put the full amount in the receipt, which he was then writing. She said she had no more money. He said he would take sixpence, and that he had done the same with Mr. Evans, who had paid him fifteenpence for County Court expenses. She said she had not any more money, and no money was paid for costs, and a receipt for ten shillings alone was given. And, on a case reserved, it was held that the case fell within the words every person "who shall act or profess to act under any false color or pretence of the process of the said court." This branch of the clause applied to a person pretending to act under process of the court when there is in fact no process, and therefore applied to the present case. The mere sending of the letter by the prisoner would not alone have been sufficient; but he afterwards pretended that fifteenpence was due for County Court expenses; and, there could be no doubt, intended the woman to believe that he had process which entitled him to receive that sum; and that he had incurred costs in respect of proceedings in the County Court (9)

And where on a similar indictment on the same clause it appeared that the prisoner had obtained blank forms for the plaintiff's instructions to issue County Court summons, one of which he filled up, and without any authority signed it " William Giles, Registrar of the Taunton Court," and wrote on the back, "Unless the whole amount claimed by A. Richmond, draper, of Taunton, is paid on Saturday, an exe*855] cution warrant will be immediately *issued against you. Witness my signature, William Giles." Giles was the registrar, but the signatures on the face and back were forgeries. The prisoner sent this document to T. Snooks, the person named in it as defendant, who owed the prisoner the sum mentioned in it. The document was sent to Snooks in order to obtain payment of the said sum. On a case reserved, in consequence of the observation in the preceding case that the mere sending the letter would not have been acting under color of process, it was held that the offence proved was certainly a professing to act under a colorable process of the court.(r)

But where on a similar indictment it appeared that Kingstone had brought an action against Wainwright in a County Court to recover £1 7s. for goods sold, and the summons, dated the 7th of May, called on the defendant to appear on the 7th of June, which he did not do, and on the 20th of June the prisoner called at the defendant's house, and said he was authorized by the court to receive the debt and costs, and if the amount was not paid on that day, or before ten o'clock the next morning, he should bring an execution and take the goods. The prisoner asked £1 6s. 9d. for the debt; the defendant showed him the summons claimed £1 78. The prisoner said there was a mistake, and if the defendant paid him £1 8s. 9d. it would cover all expenses; and the defendant paid the money. Crompton, J., stopped the case, saying that the charge was not made out, as he thought the Act applied to false instruments, and not to mere false representations as to the authority or employment of the prisoner. There was no acting or professing to act under the process of the County Court (s)

We have seen that where an indictment alleged that the prisoner delivered a certain paper falsely purporting to be a certain process of a County Court, and the document in question was a mere notice to produce, it was held that the prisoner ought not to have been convicted. (t)

(9) Reg. v. Evans, D. & B. 236. The words of the 9 & 10 Vict. c. 95, s. 57, are "every person who shall forge the seal of any process of the court, and who shall serve or enforce any such forged process, knowing the same to be forged, or deliver or cause to be delivered to any person any paper purporting to be a copy of any summons or process of the said court, knowing the same to be false, or who shall act or profess to act under any false color or pretence of the process of the said court."

(r) Reg. v. Richmond, Bell C. C. 142.

(s) Reg. v. Myott, 6 Cox C. C. 406. In Reg. v. Evans, supra, Lord Campbell, C. J., during the argument said, "Suppose there had been no letter, and money had been demanded for County Court expenses, the defendant saying, 'I have sued out a summons, and so much is due for expenses,' would not that be acting under pretence of the process of the court?" (t) Reg. v. Castle, D. & B. 363, ante, p. 801.

By the 24 & 25 Vict. c. 98, s. 29, "whosoever shall forge or fraudulently alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any instrument, whether written or printed, or partly written and partly printed, which is or shall be made evidence by any Act passed or to be passed, and for which offence no punishment is herein provided, 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 seven years and not less than five(u) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(v)

*Sec. 32. " Whosoever, with intent to defraud, shall forge or alter, or shall [*856 offer, utter, dispose of, or put off, knowing the same to be forged or altered, any summons, conviction, order, or warrant of any justice of the peace, or any recognizance purporting to have been entered into before any justice of the peace or other officer authorized to take the same, or any examination, deposition, affidavit, affirmation, or solemn declaration, taken or made before any justice of the peace, 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 the term of five(w) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(x)

The following acts also contain enactments relating to the forgery of seals and process of courts and instruments of evidence ::

The 7 & 8 Vict. c. 19, s. 5, an Act relating to inferior courts, makes it a felony to forge the seal or any process of any such court, or to enforce any such forged process, &c.

The 8 & 9 Vict. c. 113, s. 4, "An Act to facilitate the admission in evidence of certain official and other documents," makes it a felony to forge the seal, stamp, or signature to the documents therein mentioned, or to utter such forged documents, &c.

The County Courts Act, 9 & 10 Vict. c. 95, s. 57, contains a similar clause as to the seals and process of County Courts.

The 11 & 12 Vict. c. 78, which creates the Court for Crown Cases reserved by sec. 6, makes it a felony to forge or utter the documents therein mentioned.

The 12 & 13 Vict. c. 106 (Bankruptcy Act), s. 273, makes it a felony to forge the signature of a commissioner or the seal of the court, or to utter the forged documents therein mentioned.

The 12 & 13 Vict. c. 109 (Petty Bag, &c., Offices Amendment Act), s. 20, makes it a felony to forge the seal and documents therein mentioned, or to utter such forged seal or documents.

The 14 & 15 Vict. c. 99 (an Act to amend the Law of Evidence), s. 17, makes it a felony to forge the seal or the documents therein mentioned, or to tender in evidence any such documents with a forged seal thereto.

The 15 & 16 Vict. c. 76 (Common Law Procedure Act), s. 23, makes it a felony to forge the signature to affidavits sworn before consuls at foreign places, or to utter affidavits with such forged signatures.

The 15 & 16 Vict. c. 83 (Patent Law Amendment Act), s. 37, makes it a misdemeanor to make any false entry in the Register of Patents, or to forge any copy of such entry, or to utter any such forged copy.

The 15 & 16 Vict. c. 86 (Improvement of Jurisdiction in Equity Act), s. 24, makes it a felony to forge the signature or seal of any judge or other person therein mentioned, or to utter documents with a forged signature or seals thereto, and in this section is incorporated in the 16 & 17 Vict. c. 70 (Oaths in Chancery Act). The 16 & 17 Vict. c. 70 (Lunacy Regulation Act), s. 102, makes it a

felony to forge the signature of the Registrar in Lunacy, *or the seal of his [*857

officer, or to use any document with such forged signature or seal.

(u) 27 & 28 Vict. c. 47.

(v) This clause is new;

it embraces the forging or uttering, knowing it to be forged, of every document made evidence by any statute already passed or hereafter to be passed, and for which no other provision is made in this Act. As to hard labor, &c., see ante, p.

849.

(w) 27 & 28 Vict. c. 47.

(z) This clause is new. As to hard labor, &c., see ante, p. 849.

The 17 & 18 Vict. c. 78 (Admiralty Court Act), s. 10, makes it a felony to forge the signature or seal of any commissioner, judge, &c., or to tender in evidence documents with such forged signature or seal.

The 18 & 19 Vict. c. 42 (Administration of Oaths Abroad Act), s. 5, makes it a felony to forge any seal or signature therein mentioned, or to tender in evidence any document with such forged seal or signature.

The 20 & 21 Vict. c. 77 (Probates and Letters of Administration Act), s. 28. makes it a felony to forge the signature of any registrar, or the seal of the Court of Probate, or to tender in evidence any document with such forged signature or seal thereto.

The 21 & 22 Vict. c. 95 (Probates, &c., Act Amendment), s. 33, and the 21 & 22 Vict. c. 108 (Divorce, &c., Causes Act Amendment), s. 22, contain similar

enactments.

The general provisions of the 24 & 25 Vict. c. 98, include the greater part at least of the offences in the statutes thus briefly referred to, and to have inserted their penal provisions at length would have been attended with no commensurate advantage; for, wherever a prosecution takes place under any of these Acts, it will be necessary to refer to many other provisions in the Act, in order to ascertain what the offences created by the penal clause really are.

Upon the trial of any indictment for any offence in this chapter, the jury may, under the 14 & 15 Vict. 100, s. 9,(y) convict the prisoner of an attempt to commit the same, and thereupon he may be punished in the same manner as if he had been convicted upon an indictment for such attempt.

*858]

*CHAPTER THE THIRTY-FIFTH.

OF FORGERIES RELATING TO THE PUBLIC FUNDS, AND THE STOCKS OF PUBLIC COMPANIES.

By the 24 & 25 Vict. c. 98, s. 2, "whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any transfer 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 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 shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock, or to receive any dividend or money payable in respect of any such share or interest, or shall demand or endeavor to have any such share or interest transferred, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered power of attorney or other authority, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, 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 life, or for any term not less than five(a) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(a)

(y) Ante, vol. 1, p. 1.

(a) 27 & 28 Vict. c, 47.

(a) This clause is framed from the 1 Will. 4, c. 66, s. 6; 2 & 3 Will. 4, c. 123; 1 Vict. e. 84, ss. 1, 2, 3; and 37 Geo. 3, c. 54, ss. 12, 15 (I.).

The words offer, dispose of, or put off," are introduced to render this clause consistent with the subsequent clauses in this Act.

The words "under or by virtue of," are introduced to include any company established under the provisions of any Act; though not established by the Act itself.

The words "or money" are new.

As to hard labor, &c., see ante, p. 849.

[*859

Sec. 3. "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 or 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 endeavor to transfer any share or interest belonging to any such owner, or thereby receive or endeavor 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, at the discretion of the court, to be kept in penal servitude for life or for any term not less than five(a) years, -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(b) Sec. 4. "Whosoever shall forge any name, handwriting, or signature purporting to be the name, handwriting, or signature of a witness attesting the execution of any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock as is in either of the last two preceding sections mentioned, or to receive any dividend or money payable in respect of any such share or interest, or shall offer, utter, dispose of, or put off any such power of attorney or other authority, with any such forged name, handwriting, or signature thereon, 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 seven years and not less than five(a) years,-or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(c) Sec. 5. "Whosoever shall wilfully make any false entry in, or wilfully alter any word or figure in, any of the books of account kept by the governor and company of the Bank of England or the governor and company of the Bank of Ireland, in which books the accounts of the owners of any stock, annuities, or other public funds which now are or hereafter may be transferable at the Bank of England or at the Bank of Ireland shall be entered and kept, or shall in any manner wilfully falsify any of the accounts of any of such owners in any of the said books, with intent in any of the cases aforesaid to defraud; or shall wilfully make any transfer 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, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud, 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 life or for any term not less than five(a) years,- -or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(d)

Sec. 6. "Whosoever, being a clerk, officer, or servant of or other person employed or intrusted by the governor and company of the Bank of England or the governor and company of the Bank *of Ireland, shall knowingly make out or deliver any dividend warrant, or warrant for payment of any annuity, in- [*860

terest, or money payable at the Bank of England or Ireland, for a greater or less (a) 27 & 28 Vict. c. 47.

(b) This clause is framed from the 1 Will. 4, c. 66, s. 7, and the latter part of sec. 6; but there were similar provisions in the 37 Geo. 3, c. 54, s. 12 (I.), relating to the Bank of Ireland.

As to the words in italics, see the last note.

As to hard labor, &c., see ante, p. 849.

(c) This clause is taken from the 1 Will. 4, c. 66, s. 8, and is new in Ireland.

The words of that section were "forge the name or handwriting of any person as or purporting to be a witness," and the terms in this clause were substituted in order to prevent a doubt in case the name of a non-existing person were used in the attestation of a power of attorney. As to hard labor, &c., see ante, p. 849.

(d) This clause is taken from the 1 Will. 4, c. 66, s. 5; but there were similar provisions in the 37 Geo. 3, c. 54, ss. 14, 16 (I.), relating to the Bank of Ireland. As to hard labor, &c., see ante, p. 849.

amount than the person on whose behalf such warrant shall be made out is entitled to, with intent to defraud, 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 seven years and not less than five(dd) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."(e)

By the 26 & 27 Vict. c. 28, "An Act to give further facilities to the holders of the public stocks," s. 3, "every person inscribed in the books of the Bank of England or of the Bank of Ireland as proprietor of a share in the public stocks, may obtain a certificate or certificates of title to the said share, or to any part thereof, having annexed coupons entitling the bearer to the dividends payable in respect to that share or part of a share;" and by sec. 14, "whosoever shall forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any stock certificate or coupon, or any document purporting to be a stock certificate or coupon issued in pursuance of this Act, or shall demand or endeavor to obtain or receive any share or interest of or in the public stocks, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered certificate or coupon or document purporting as aforesaid, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, 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 life or for any term not less than five(dd) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."

Sec. 15. "Whosoever shall falsely and deceitfully personate any owner of any share or interest of or in any of the public stocks, or of any stock certificate or coupon issued in pursuance of this Act, and shall thereby obtain or endeavor to obtain any such stock certificate or coupon, or receive or endeavor 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, at the discretion of the court, to be kept in penal servitude for life or for any term not less than five(dd) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."

"Sec. 16. "Whosoever, without lawful authority or excuse, the proof whereof shall lie on the party accused, shall engrave or make upon any plate, wood, stone, or other material, any stock certificate or coupon purporting to be a stock certificate or coupon issued or made under and in pursuance of this Act, or to be a blank stock certificate or coupon issued or made as aforesaid, or to be a part *of *861] such a stock certificate or coupon, or shall use any such plate, wood, stone, or other material for the making or printing any such stock certificate or coupon, or any such blank stock certificate or coupon, or any part thereof respectively, or knowingly have in his custody or possession any such plate, wood, stone, or other material, or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any such blank stock certificate or coupon, or part of any such stock certificate or coupon, 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 five (ee) years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement."

Besides the statutes above set forth there may be briefly noticed the 9 Geo. 1, c. 12, s. 4,(ƒ) which made it a capital felony to forge orders, receipts, &c., relating to the payment of annuities payable at the Exchequer, as mentioned in the Act; and the 35 Geo. 3, c. 66, with the 37 Geo. 3, c. 46, which contain regulations for trans

(dd) 27 & 28 Vict. c. 47.

(e) This clause is taken from the 1 Will. 4, c. 66, s. 9, except the words, "warrant for payment of any annuity, interest, or money," which are taken from the similar clause in the 37 Geo. 3, c. 54, s. 17 (I.), relating to the Bank of Ireland. As to hard labor, &c., see ante, p. 849.

(ee) 27 & 28 Vict. c. 47.

(f) The present punishment is that mentioned in the 24 & 25 Vict. c. 98, s. 48, ante, p.