FALSE PERSONATING. PRELIMINARY NOTES. The Offence of false personating, which is punishable under several statutes, is nearly allied to forgery. At common law, it was, at all events, indictable only as a cheat, and punishable as a misdemeanor. Indeed, most of the cases in which it has been holden to be indictable, have been those, in which conspiracy formed the principal ingredient. Thus, where it was holden criminal for two persons to marry under feigned names for the purpose of raising a specious title to an estate, the conspiracy between them was the git of the charge, 1 Leach, 37. So that at the present day, the simple offence of personating another with intent to defraud, rests chiefly on legislative provision. The personating of bail, which seems an offence against public justice, has been provided against by 21 Jac. 1. c. 26. s. 2. and 4 and 5 W. and M. c. 4. s. 4. The first of these statutes makes it felony without benefit of clergy" to acknowledge or procure to be acknowledged, any fine, recovery, deed enrolled, statute, recognizance, bail, or judgment, in the name or names of any person or persons, not privy or consenting to the same," with a proviso, that the act shall not extend to any judgment acknowledged by any attorney of record, for any person, against whom any such judgment shall be given. But this act extended only to bail taken in the courts themselves, 4 Bla. Com. 128. so that if the bail acknowledged in another's name, was not filed, the offence was a misdemeanor only. And, therefore, the 4 and 5 W. and M. which authorizes bail to be taken by commissioners in the country, and by any judge on his circuit, makes it a single felony for any one, before a person empowered by virtue of that act to take bail "to represent or personate any other person, whereby the person so represented and personated, may be liable to the payment of any sum of money, for debt or damages to be recovered in the same suit or action, wherein such person is represented and personated, as if he had really acknowledged or entered into the same." And the 27 Geo. III. c. 43. extends the same provision to the taking special bail in Chester. Still, however, the mere personating bail before a judge, in Chambers, which is not filed of record, c. 4. Offence. appears to be a misdemeanor only, 1 Hale, 696. 2 Sid. 90. And if bail be put in under feigned names, there being no such persons to be defrauded, it is no felony, though the defendants may be sentenced to the pillory, or such lighter punishment as the court, may think proper to inflict, 1 Stra. 384. The case of personating the proprietors of the stock of the bank or other public companies, is provided for by the several statutes which protect its transfer from forgery. Of this kind are 8 Geo. I. c. 22. s. 1. 31 Geo. II. c. 22. s. 77. and 4 Geo. III. c. 25. s. 15. which we have noticed already, [ante 1023, 4.] For the terms of these statutes it will appear that it is not necessary to constitute the offence that the fraud should be completed. Thus by 31 Geo. II. c. 22. s. 77. which we have seen extends not only to companies already established, but to all the legislature might in future sanction. It is made felony without benefit of clergy, "falsely and deceitfully to personate any true and real proprietors of the said shares, in stock annuities and dividends, or any of them, or any part thereof, and thereby transferring or endeavouring to transfer the stock, or receiving, or endeavouring to receive the money of such true and lawful proprietor, as if such offender were the true and lawful owner thereof." As to what under this act shall be considered as an endeavouring to receive the money of a proprietor of stock, it has been holden that if a defendant personate a proprietor of stock, and having in his name procured a dividend warrant, his offence is complete, though he never made any further attempt to obtain the money on the instrument so obtained, but was apprehended in another part of the bank, before he had taken any further steps to execute his design, 1 Leach, 434. We have seen the regulations made respecting the forgery of documents relative to seamen, for the purpose of obtaining their prize money or wages, ante 1030. And by 31 Geo. II. c. 10. s. 24. it is enacted, that "whosoever willingly and knowingly shall personate or falsely assume the name or character of, or procure any other to personate or falsely to assume the name or character of any officer, seaman, or other person entitled, or supposed to be entitled to any wages, pay, or other allowances of money, or prize money for service done on board of any ship or vessel of his majesty, his heirs, or successors; or the executor or administrator, wife, relation, or creditor, of any such officer or seaman, or other person, in order to receive any wages, pay, or other allowances of money, or prize money, due or supposed to be due or payable, for, or on account of, the services of any such officer or seaman, or other person as aforesaid, he shall be guilty of felony without benefit of clergy. And by 3 Geo. III. c. 16. 3. 6. INDICTMENTS FOR PERSONATING, DECEIT. personating another person bail in his name before a appointed to That on, &c. our said lord the king, by his writ of capras, For feloniously issued out of the court of our said lord the king of the common bench at W. bearing date the same day and year, directed to the and becoming sheriff N. did command the said sheriff that he should take J. R. late of, &c. yeoman, and J. D. if they should be found in his commissioner bailiwick, and them safely keep, so that he might have their bodies take bail in before the justices of our said lord the king at W. in three weeks the country in matters arising from the day of St. Michael, to answer to D. D. of a plea that in K. B. (y) he render to him fifty pounds, which he owed to, and unjustly detained from him, which same writ afterwards, and before the delivery thereof to the said sheriff of the said county of N. to be executed on, &c. at, &c. was duly marked and indorsed for bail, for the sum of -7. according to the form of the statute in such case made and provided, and afterwards and before the return of the same, to wit, on, &c. at, &c. was delivered to A. S. (y) See a similar precedent, Cro. C. C. 89. Starkie, 505. This indictment is founded on 4 W. & M. c. 4. s. 4. which enacts, "That if any person shall (before any person empowered by virtue of that act to take bail or bails) represent or personate any other person, whereby the person so represented and personated may be liable to the payment of any sum or sums esquire, then sheriff of the county aforesaid, in due form of law to be executed, which said A. S. sheriff of the county aforesaid, by virtue of the writ aforesaid, afterwards, and before the return of the said writ, to wit, on the said, &c. did make a certain warrant of him the said sheriff, under his seal directed to S C and R. R. his bailiffs of the hundred of in the county aforesaid, by which he commanded them jointly and severally, that they should take the said J. R. in the writ above named, to answer the said D. D. of a plea, that he render to him fifty pounds, which he owed to, and unjustly detained from him as aforesaid, and that the said S. C. in the warrant aforesaid named, afterwards, and before the return of the said writ, to wit, on, &c. by virtue of the writ and warrant aforesaid, at, &c. aforesaid, did take and arrest the said J. R. in the said writ and warrant above named, according to the command of the writ and warrant aforesaid, and him the said J. R. then and there had in his custody by virtue of the said writ and warrant aforesaid, and that J. M. late of, &c. contriving and intending to prejudice and bring one C. G. to great expences, and unlawfully to subject him the said C. G. to the payment of a great sum of money, afterwards, to wit, on the said, &c. at, &c. aforesaid, in his own proper person came before J. F. gentleman, and then and there, with force and arms, feloniously did represent and personate the person of the said C. G. of, &c. yeoman, and in the name and by the addition of him the said C. G. did become bail for the said J. R. in a certain recognizance taken before the said J. F. in the action aforesaid, (he the said J. F. then and there having full and lawful power and authority, by virtue of a commission under the seal of the said court of the common bench, to take a recognizance in that behalf, in the said county of N. according to the form of the statute in such case made and provided, by which said recognizance he the said J. M. (by feloniously representing and personating the person of the said C. G.) in the name and by the addition of him the said C. G. as aforesaid, before the said J. F. then and there feloniously and unlawfully did acknowledge to owe to the said D. D. the sum of fifty pounds, to be levied upon the goods and chattels, lands and tenements of him the said C. G. upon condition that if the said J. R. should be condemned in the said action he the said J. R. should pay the condemnation money, or render himself into the Fleet for the same, or if he failed so to do, he the said C. G. (meaning the said C. G. of, in the county of N. aforesaid, yeoman, so represented and personated by the said J. M. as aforesaid) did undertake to do it for him, (meaning the said J. R.) whereby he the said C. G. so represented and personated as aforesaid, might have been liable to the payment of the said sum of fifty pounds to be recovered in the same action, as if he had really himself acknowledged and entered into the said recognizance, against the form of the statute, &c. and against the peace, &c. bank annuities That M. G. late of, &c. on, &c. was possessed of, and entitled For personating the prounto a certain transferable share, to wit, of and in a capital stock prietor of 1001. of annuities established by certain acts of parliament, that is to consolidated say, by an act of parliament made in the twenty-fifth year of the and transreign of his late majesty king George the Second, entitled, &c. ferring the same. (z) [here set forth the titles of the following acts of parliament, 25 Geo. II. c. 27. 28 Geo. II. c. 15. 29 Geo. II. C. li. 31 Geo. II. c. 22. 32 Geo. II. c. 22. 33 Geo. II. c. 12. 1 Geo. III. c. 7. 6 Geo. III. c. 31. 7 Geo. III. c. 24. 8 Geo. III. c. 31. 10 Geo. III. c. 36. 16 Geo. III. c. 14. 18 Geo. III. c. 22. 19 Geo. III. c. 18. 21 Geo. III. c. 14. and all other bank annuity acts, down to the time of the offence,] the proprietors of which said annuities so established as aforesaid, then, to wit, on, &c. had in respect of the said annuities, transferable shares in the said capital stock of the said annuities, in proportion to their respective annuities, to wit, at, &c. aforesaid, and that he the said M. G. on the said, &c. was the true and real proprietor of a share in the said annuities, and in respect thereof, then and there had the said transferring share above mentioned, of and in the said capital stock of the said annuities. And the jurors, &c. further present, that H. B. late of, &c. well knowing the premises, but wickedly devising and intending the governor and company of the bank of E. to defraud, afterwards, to wit, on, &c. with force and arms, at, &c. aforesaid, falsely, deceitfully, and feloniously did personate the said M. G. the true and real proprietor of the said one hundred pounds share of and in the said capital stock of the said annuities, and thereby did then and there feloniously transfer the said one hundred pounds share of the said M. G. of and in the said capital stock of the said annuities, unto one R. B. as if he the said R. B. then was the true and lawful owner of the said one hundred pounds share of and in the said capital stock of the said annuities, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said M. G. on, &c. was possessed of and entitled to a share, to wit, one hundred pounds share of and in certain transferable annuities, established by certain other acts of parliament, made in the twenty-fifth year, &c. [set forth all the acts of parliament, as in the first count] (2) See a similar precedent, indictment, 1 Leach, 434, 5. 4. Wentw. 55. and abstract of an |