Information for a misdemeanour at common law for forging an indorsement a certificate in the name of the Duke of concerning a quantity of allum, charged to the Duke's account, &c. (m) First count for forging. did cause to be seized and taken divers goods and chattels of the said A. K. by virtue of that writ, (1) to the great damage and oppression of the said A. K. to the evil example, &c. and against the peace, &c. [Commencement of information as aute 6.] That J. W. late of, &c. being obliged to deliver three hundred and fifteen tons and one quarter of a ton of alium of the value of five thousand pounds to the most noble E., duke of the county of B. and of N. at a certain day now past, he the said J. W. wickedly contriving and intending to deceive and defraud the said duke of the aforesaid allum, and Buckingham, with an iniquitous and fraudulent intention to avoid the delivery of the same alluin to the said duke, on, &c. at, &c. with force and arms, upon the back side of a certain certificate in writing, signed with the hand of one A. N., did falsely forge and counterfeit and cause to be falsely forged and counterfeited, a certain writing in the words and figures following, that is to say, Schedule, 660 tons, 5 cwt.-315 tons, 5 cwt.-total 975 tons 10 cwt. Mr. John Ward, I do hereby order you to charge the quantity of six hundred and sixty tons and one quarter of allum to my account, part of the quantity mentioned in this certificate, and out of the money arising by the sale of allum in your hand pay to Mr. W., and yourself ten pounds for every ton, according to agreement, and for so doing this shall be your discharge, Buckingham, April 20th, 1706, to the evil example, &c. to the great damage of the said duke, and against the Second count. peace of our said lord the king, his crown and dignity. And the said attorney-general further gives the court here to understand, and be informed, that the aforesaid J. W. being obliged to deliver three hundred and fifteen tons, and one quarter of a ton of alium, of the value of five thousand pounds, to the aforesaid duke at a certain day now passed, he the said J. W. wickedly contriving and intending to deceive and defraud the said duke of the aforesaid ailum, and with an iniquitous and fraudulent intention to avoid the delivery of the same allum to the said duke, afterwards, to wit, on the said, &c. at, &c. aforesaid, with force aud arms, a certain writing, falsely forged and counterfeited on the back side of a certain certificate in writing, signed with the hand of one Ambrose Newton, did wickedly, unlawfully, and fraudulently publish, and cause to be published, which said writing so falsely forged and published, is in the words and figures following, that is to say, [here set out the (1) Quere if not better to say "under colour of." (m) From 2 Ld. Raym. 1461. where see the whole proceedings, and see ante 994, &c. as to the false pretences. And the same prece dent is translated in Cro. C. C. 227. As to the law see general note ante 1022 to 1044. And as to form of indictment ante 1039. paper writing as before.] he the said J. W. then and there well knowing the said writing by him the said J. W. so published as aforesaid, to be false, forged and counterfeited, to the evil and pernicious example, &c. to the great damage of the said duke, and against the peace of our said lord the king, his crown and dignity. directed to only, and arresting and im prosecutor, That, on, &c. at, &c. A. B. esquire, then being sheriff of the Against a bailil for adding said county of S. by virtue of his said majesty's writ, to him the his own name said sheriff for that purpose directed, duly made his the said to a warrant sheriff's warrant in writing under his hand and seal, directed solely another bailiff to one J. H. his the said sheriff's bailiff; by which said warrant he the said sheriff commanded the said J. H., that of the goods prisoning the and chattels, &c. [here recite the warrant.] And the jurors, &c. &c. (a) do further present, that J. A. late of, &c. wickedly, unlawfully and maliciously, devising, contriving and intending, as much as in him lay, to oppress, injure and impoverish the said W. H. in the said warrant named, having the said warrant in the custody and possession of him the said J. A., he the said J. A. unlawfully, knowingly, deceitfully and falsely, after the making and issuing of the said warrant, to wit, on the said, &c. at, &c. aforesaid, did alter, and cause and procure to be altered, the said warrant, by then and there unlawfully, knowingly, deceitfully and falsely, inserting and forging the name of him the said J. A. in the direction of the said warrant of the said sheriff, and by then and there unlawfully, knowingly, deceitfully and falsely adding and subjoining the letter s, to the word bailiff in the direc tion of the said warrant, so as to make the said warrant purport to be a warrant directed to the said J. H. and J. A. for execution thereof, and with an intent greatly to injure, aggrieve and oppress, the said W. H., and which said warrant so unlawfully, knowingly, deceitfully, and falsely altered, is as follows, that is to say, [here set out a fac simile of the warrant in its altered state.] And the jurors, &c. do further present, that the said J. A. afterwards, to wit, on the said, &c. at, &c. aforesaid, the said warrant so altered as aforesaid, did unlawfully, subtly, knowingly, falsely and deceitfully, utter and publish as the true and real warrant of the said sheriff, with an intent greatly to oppress, aggrieve and injure the said W. H., and also under colour and pretence of which said warrant so altered as aforesaid, he the said J. A. afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, did wrongfully, unjustly and injuriously, against the will of the said W. H., and contrary to the laws of this realm, take, arrest and imprison the said W. H. by his body, and kept and detained him so imprisoned (a) See a similar precedent, Cro. C. C. 229. As to the law see general note ante 1022 to 1044. and as to the form of indictment there for a long space of time, to wit, for the space of twenty-four hours, then next ensuing, against the will of him the said W. H., and contrary to the laws of this realin, whereby the said W. H. during all that time not only underwent and suffered great pain, torture and anguish of body and mind, but was also prevented and hindered, from following and transacting his lawful affairs and business; and the said W. H. was also put to sundry great charges and expences, amounting in the whole to a large sum of money, to wit, the sum of five pounds in and about the procuring and obtaining his release and discharge from his said imprisonment; and other wrongs to the said W. H. then and there did to the great damage of the said W. H., and against the peace, &c. And the jurors, &c. [here add a count for a common assault.] For forging a bank of Eng, land note, and uttering the INDICTMENTS FOR FORGERY ON STATUTES. That J. B. late of, &c. heretofore, that is to say, on, &c. with force and arms, at, &c. feloniously did forge and counterfeit (p) a certain bank note, (q) the tenor (r) of which said forged and counterfeit bank note, is as followeth, that is to say, [the note is to be set out in each count precisely in its usual form.] (s) with intent to First count on defraud the governor and company of the bank of England, (†) same, laying it in several ways. (0) 15 Geo. II. c. 13. s. 2. or 45 Geo. III. c. 89. 8. 11. for forging a bank note. (0) This precedent is said to have been approved of by the ablest lawyers of the day, and in use for almost half a century. See indictments for forging, uttering, and disposing of bank notes, 2 Leach,978,983, 1019. 1 New Rep. 96. 92. 2 Taunt. 334. A precedent for forging a defective bank note, 1 Leach, 175. For uttering a forged bank note, Dougl. 201. For erasing an indorsement with lemon juice, 3 P. Wis. 419. As to the Offence, &c. see ante 1022 to 1044. and the statutes referred to in the margin. And as to the form of indictment ante 1039. (p) The words of the act. The term falsely is not necessary ante 1042. (9) The instrument may be thus expressed; but it seems more cor- (r) This word imports an exact copy, 2 Leach, 660. The terms "in the words and figures following that is to say," and as follows" may be used at pleasure as the import is the same, 2 Bla. Rep. 787. (s) As to the accuracy with which the instrument must be set forth, see ante 1040. (t) There is no occasion to state the means of fraud, 1 Leach, 77: As to the statement of the parties defrauded see ante 1042. acts for dispo Geo. III. c. 39. with intent to defraud the bank. against the form of the statute, &c. (u) and against the peace, &c. And the jurors aforesaid, on their oath aforesaid, do further present, Second count that the said J. B. heretofore, that is to say, on, &c. with force on the same and arms, at, &c. did feloniously dispose of, and put away a certain sing and putting away. (w) forged and counterfeited bank note, the tenor of which said lastmentioned forged and counterfeited bank note is as followeth, that is to say, [set out the note as in first count.] with intent to defraud the governor and company of the bank of England; he the said J. B. at the said time of his so disposing of and putting away the said last mentioned forged and counterfeit bank note, then and there, to wit, on, &c. at, &c. well knowing such last-mentioned note to be forged and counterfeited, against the form of the statute, &c. and against the peace, &c. [third count same as the second to Third count for forging it the words.] feloniously did falsely make, forge and counterfeit, and as a promissocause and procure to be falsely made, forged and counterfeited, and ry note on 45 willingly act and assist in the false making, forging and counterfeiting a certain promissory note for the payment of money, the tenor of which said last-mentioned false, forged and counterfeit note, is as followeth, that is to say, [set out the note as in first count.] with intent to defraud the governor and company of the bank of England, against the form, &c. and against the peace, &c. [Fourth count Fourth count same as the second to the words.] feloniously did dispose of and put c. 89. for disaway a certain false, forged and counterfeited promissory note for posing and putthe payment of money, the tenor of which said last-mentioned false, promissory forged and counterfeited note is as followeth, that is to say, [set note with like out note as in first count,] with intent to defraud the governor and company of the bank of England, he the said J. B. at the said time of his so disposing of and putting away the said last-mentioned false, forged and counterfeited note, then and there, to wit, on, &c. at, &c. well knowing the same last-mentioned note to be false, forged and counterfeited against the form, &c. and against the peace, &c. [Fifth count.] feloniously did forge and counterfeit a certain other Fifth count like the last, bank note, the tenor of which said last-mentioned forged and counlaying intent terfeit bank note is as followeth, that is to say, [set out note as in to defraud an first count.] with intent to defraud one J. S. against the form, &c. and against the peace, &c. [Sixth count.] Feloniously did dis- Sixth count pose of and put away a certain other forged and counterfeited bank with the same note the tenor of which said last-mentioned forged and counterfeited variation. (u) This conclusion is requisite to oust the defendant of clergy. (w) If one person deliver a forged Gote to another in order that he may utter it, this is a sufficient "disposing of and putting away" within the statute 1 N. R. 96. In order to prove the defendant's knowledge of the forgery, the pro- on 45 Geo. III. ting away a intent. individual. like the second like the third, variation. bank note is as followeth, that is to say, [set out note as before.] with intent to defraud the said J. S., he the said J. B. at the time of his so disposing of and putting away the said last-mentioned forged and counterfeited bank note, then and there, to wit, on, &c. well knowing such last-mentioned note to be forged and counterSeventh count feited, against the form, &c. and against the peace, &c. [Seventh with the same count.] Feloniously, did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited and willingly act and assist in the false making, forging and counterfeiting a certain other promissory note for the payment of money, the tenor of which said last-mentioned forged and counterfeited note is as followeth, that is to say, (set out note as before,) with intention to defraud the said J. S. against the form, &c. and against Eighth count the peace, &c. [Eighth count.] Feloniously did dispose of and with the same put away a certain other false, forged and counterfeited promissory note for payment of money, the tenor of which said last-mentioned false, forged and counterfeited note is as followeth, that is to say, [set out note as before] with intention to defraud the said J. S., the said J. B. at the said time of his so disposing of and putting away the said last-mentioned false, forged and counterfeited note, then and there, to wit, on, &c. well knowing the same last-mentioned note to be false, forged and counterfeited, against the form, &c, and against the peace. like the fourth variation. For a single felony on 45 Geo. III. c. 69. s. 6. for having forged land notes in possession That A. B. late of, &c. on, &c. at, &c. feloniously, knowingly and wittingly, and without lawful excuse, had in his possession and custody, divers forged and counterfeited bank notes, that is to say, bank of Eng- one forged and counterfeited bank note, the tenor of which said forged and counterfeited bank note is as follows, that is to say, [here without lawful set out the note as directed ante 1040.] and one other forged aud excuse, know. counterfeited bank note, the tenor of which said last-mentioned ing the same to be forged. (2) forged and counterfeited bank note is as followeth, that is to say, There set out the other note,] he the said A. B. then and there, to wit, on, &c. at, &c, aforesaid, well knowing the same notes to be forged and counterfeited, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said A. B. on, &c. aforesaid, at, &c. aforesaid, feloniously, knowingly, wittingly, and without lawful excuse, had in his possession and custody, a certain other forged and counterfeit bank note; the tenor of which said last-mentioned forged and counterfeited bank note is as followeth, that is to say, [the first note in the preceding count was here again set out.] he the said A. B. then and there to wit, on, &c. at, &c. aforesaid, well knowing the same last (r) As to the offence, &c. see of indictment ante 1039. ante 1022 to 1014. and as to form |