ney-Held, no forgery. White, 1 Den. C. C. 208; K. 404; 2 Cox, C. C. 210. 66 66 66 (c) Cheques. Reg. v. 2 C. & By 24 & 25 Vict. c. 98, s. 25, "whenever any cheque or draft on any banker shall be crossed with "the name of a banker, or with two transverse lines with the words "and company,' or any abbrevia"tion thereof, whosoever shall obliterate, add to, or alter any such crossing, or shall offer, utter, dispose of, or put off any cheque or "draft whereon any such obliteration, addition, or alteration has "been made, knowing the same to "have been made, 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 servi"tude for life or for any term not "less than five years (27 & 28 "Vict. c. 47), or to be imprisoned "for any term not exceeding two years, with or without hard labour, "and with or without solitary con"finement." (Previous enactment, 21 & 22 Vict. c. 79, s. 3.) 66 66 keeps an account with or has any right to draw on Messrs. J. L. & Co., is primâ facie evidence that G. A. is a fictitious person. Rex v. Backler, 5' C. & P. 118-Gaselee and Parke. A. gave to B., his clerk, a blank cheque, and directed him to fill it up with the amount of a bill of exchange, and expenses, (for which A. had to provide, and which amount B. was to ascertain,) and get the cheque cashed, and pay the amount to Mr. W., and take up the bill. The bill was for 156l. 9s. 9d., the expenses about 10s. B. filled up the cheque with the sum of 250l., got it cashed, and kept the whole amount, alleging that it was due to him for salary:-Held, that this was forgery, and that this was so even if B. bonâ fide believed that the sum of 2507. was due to him from A., or even if it was really due to him. Reg. v. Wilson, 2 C. & K. 527; 1 Den. C. C. 284; 17 L. J., M. C. 82; 2 Cox, C. C. 426. The drawer of a cheque on a bank which was duly honoured, and returned to him by the bank, afterwards altered his signature in order to give it the appearance of forgery, and to defraud the bank and cause the payee of the cheque to be charged with forgery :-Held, that this alteration did not constitute a forgery. Brittain v. Bank of London, 3 F. & F. 465; 11 W. R. 569; 8 L. T., N. S. 382—Q. B. But see 2 Russ. C. & M. 719. A forged cheque on the W. bank was presented for payment at the S. bank, where the supposed drawer never kept cash :-Held, that this was sufficient evidence of an intent to defraud the partners of the bank, although there was no probability of their paying the cheque, even if it had been genuine. In an action by payee against Rex v. Crowther, 5 C. & P. 316-makers of a cheque, in which they Bosanquet. A forged draft on a banker was an order for the payment of money within 7 Geo. 2, c. 22, although the person whose name was forged never kept cash with, or was known to, the banker. Rex v. Lockett, 1 Leach, C. C. 94; 2 East, P. C. 940. On an indictment for forging a cheque purporting to be drawn by G. A. upon Messrs. J. L. & Co., proof that no person named G. A. pleaded that they did not make the cheque, their signatures were admitted, but it was open for the defendants, that the defendants, who were directors of a company of which the plaintiff was secretary, kept blank cheques, with their signatures to them, in a book, and that this cheque was one of those filled up by the plaintiff without authority. The judge intimated that this would be a forgery, even though the whole sum the cheque pounds"), is still a cheque, and an order for the payment of money, for the forgery of which an indictment will lie. Reg. v. Boreham, 2 Cox, C. C. 189-Pollock. (d) Documents purporting to be made Abroad. 66 66 was drawn for was due to the plaintiff. The plaintiff's counsel elected to be nonsuited, and the judge ordered the cheque to be impounded in the hands of the associate, but would not order the plaintiff to be taken into custody, as no evidence of any forgery had By 24 & 25 Vict. c. 98, s. 40, been given, and the whole matter" where the forging or altering any rested upon the statement of counsel " writing or matter whatsoever, or only. Flower v. Shaw, 2 C. & K." the offering, uttering, disposing 703-Wilde, C. J.: S. P. Wright's" of, or putting off any writing or case, 1 Lewin, C. C. 135–Bayley. matter whatsoever, knowing the Upon an indictment for the forg- same to be forged or altered, is in ery of a cheque, dated Knighton, "this act expressed to be an offence, and purporting to be drawn by" if any person shall, in England or John Hust, it was proved that no "Ireland, forge or alter, or offer, John Hust lived at Knighton who "utter, dispose of, or put off, knowwould be likely to keep an accounting the same to be forged or alwith a banker :--Held, evidence to tered, any such writing or matter, go to the jury that John Hust was "in whatsoever place or country a fictitious person. Reg. v. Ashby, "out of England and Ireland, 2 F. & F. 560-Bramwell. "whether under the dominion of The practice was for a majority" her Majesty or not, such writing of the officers of a parish to draw" or matter may purport to be made cheques on the treasurer of a union; or may have been made, and in and one of their blank cheques, "whatever language the same or filled up for 17. 3s. 6d., had a note any part thereof may be expressed, at the bottom-"Unless this cheque every such person, and every peris signed by a majority of the parish "son aiding, abetting, or counsellofficers, it will not be cashed.""ing such person, shall be deemed This cheque was signed by one of "to be an offender within the meanthe officers while it was for 17. 38. "ing of this act, and shall be punish6d.; it was altered to 31. 3s. 6d., "able thereby in the same manner and when cashed by the treasurer as if the writing or matter had had the signatures of a majority of" purported to be made or had been the officers to it :--Held, that if the "in England or Ireland; and if cheque was fraudulently altered "any person shall in England or when it had only one signature to "Ireland forge or alter, or offer, it, this was no forgery, as it " utter, dispose of, or put off, knowwas then an incomplete instrument. "ing the same to be forged or alReg. v. Turpin, 2 C. & K. 820-"tered, any bill of exchange, or any "promissory note for the payment Platt. 66 66 66 " 66 Forging and uttering an indorse-"of money, or any indorsement on ment on a cheque, with a view to get it cashed by the credit of the name, will support a conviction for forgery, although the cheque is valid. Reg. v. Wardell, 3 F. & F. 82--Willes. or assignment of any bill of exchange or promissory note for the payment of money, or any accept"ance of any bill of exchange, or "any undertaking, warrant, order, authority, or request for the pay"ment of money, or for the delivery "or transfer of any goods or se"curity, or any deed, bond, or writ 66 "ing obligatory for the payment of "whosoever shall forge or alter, or "money (whether such deed, bond," shall offer, utter, dispose of, or "or writing obligatory shall be "put off, knowing the same to be "made only for the payment of "forged or altered, any court roll, money, or for the payment of mo- or copy of any court roll, relating ney together with some other pur- "to any copyhold or customary pose), or any indorsement on or estate, with intent to defraud, shail "assignment of any such undertak-"be guilty of felony." "ing, warrant, order, authority, re 66 quest, deed, bond, or writing ob 66 (f) Debentures. ligatory, in whatsoever place or By 24 & 25 Vict. c. 98, s. 26, "country out of England and Ire-"whosoever shall fraudulently forge "land, whether under the dominion" or alter, or shall offer, utter, dis"of her Majesty or not, the money pose of, or put off, knowing the "payable or secured by such bill," the same to be forged or fraud"note, undertaking, warrant, order, "ulently altered, any debenture is authority, request, deed, bond," sued under any lawful authority "or writing obligatory may be or "whatsoever, either within her Maj "may purport to be payable, and "esty's dominions or elsewhere, shall "in whatever language the same," be guilty of felony, and, being or any part thereof, may be ex- "convicted thereof, shall be liable, "pressed, and whether such bill, "at the discretion of the court, to "note, undertaking, warrant, order, "be kept in penal servitude for any authority, or request be or be not" term not exceeding fourteen years, "under seal, every such person, and every person aiding, abetting, or "counselling such person, shall be "deemed to be an offender within "the meaning of this act, and shall" "be punishable thereby in the same manner as if the money had been "payable, or had purported to be "payable, in England or Ireland." (Similar to 11 Geo. 4 & 1 Will. 4, c. 66, s. 30.) " and not less than five years (27 & "28 Vict. c. 47), or to be imprison"ed for any term not exceeding two " years, with or without hard la bour, and with or without solitary confinement." (g) Deeds or Bonds. By 24 & 25 Vict. c. 98, s. 20, whosoever, with intent to defraud, "shall forge or alter, or shall offer, 66 On an indictment for forging and utter, dispose of, or put off, knowuttering a cheque or an order for "ing the same to be forged or althe payment of money, it appearing "tered, any deed, or any bond or that the cheque was dated as if "writing obligatory, or any assigndrawn abroad; but there being "ment at law or in equity of any evidence, by comparison of hand-"such bond or writing obligatory, writing, that it was drawn abroad, or shall forge any name handwritand also evidence that he caused it "ing, or signature purporting to be to be presented to a banker abroad, "the name, handwriting, or signathrough whom it was presented in "ture of a witness attesting the this country without a stamp :- "execution of any deed, bond, or Held, that the prisoner might be "writing obligatory, or shall offer, convicted of uttering it in this coun- utter, dispose of, or put off any try, if he set it in circulation abroad."deed, bond or writing obligatory Reg. v. Taylor, 4 F. & F. 511-"having thereon any such forged Pigott. "name, handwriting, or signature, 'knowing the same to be forged, "shall be guilty of felony, and, be (e) Court Rolls. 66 By 24 & 25 Vict. c. 98, s. 30,"ing convicted thereof, shall be lia "ble, at the discretion of the court, | porting to be a demise of the same "to be kept in penal servitude for land for a long term of years, as life, or for any term not less than from the 25 of March, 1868, from "five years (27 & 28 Vict. c. 47), or A. to C. The alleged lease was ex"to be imprisoned for any term not ecuted after A.'s conveyance to B., exceeding two years, with or with- and ante-dated for the purpose of "out hard labour, and with or with- defrauding B. :-Held, that A. and "out solitary confinement." (For- C. were guilty of forgery. Ib. mer provision, 11 Geo. 4 & 1 Will. 4, c. 66, s. 10.) 66 (h) Evidential Instruments. On an indictment for forgery of By 24 & 25 Vict. c. 98, s. 29, an administration bond on adminis-" whosoever shall forge or fraudutration granted of the effects of S.,"lently alter, or shall offer, utter, it was objected, that 22 & 23 Car." dispose of, or put off, knowing the 2, c. 10, requiring the bond to be "same to be forged or fraudulently given by the party to whom admin- "altered, any instrument, whether istration was granted, and not by "written or printed, or partly writthe party that was entitled to ad-"ten and partly printed, which is or ministration, no forgery was made" shall be made evidence by any out; but the bond was a good bond "act passed or to be passed, and within the statute, having been giv-"for which offence no punishment en by the party to whom, in fact, "is herein provided, shall be guilty administration was granted:-Held, "of felony, and, being convicted that this was not a good objection. thereof, shall be liable, at the disReg. v. Barber, 1 C. & K. 434-"cretion of the court, to be kept in Gurney, Williams and Maule. penal servitude for any term not Forging a deed was within 2 Geo." exceeding seven years, and not 2, c. 25, s. 1, although there may have "less than five years (27 & 28 Vict. been subsequent directory provisions "c. 47), or to be imprisoned for any by other statutes, that instruments "term not exceeding two years, for the same purpose as such forged" with or without hard labour, and deed shall be in a particular form, or with or without solitary confineshall comply with certain requisites, "ment." and the forged deed was not in that form, and did not comply with those requisites; for the directory provisions do not make the deed (although out of the form prescribed, and without the requisites) wholly void. Rex v. Lyon, R. & R. C. C. 255. A deed really executed by the parties between whom it purports to be made, but ante-dated with intent fraudulently to defeat a prior deed, is a forgery. Reg. v. Ritson, 18 W. R. 73; 21 L. T., N. S. 437; 39 L. J., M. C. 10; 1 L. R., C. C. 200. An indictment stating that the prisoner forged a certain paper instrument, partly printed and partly written, in the words and figures following, that is to say, &c., was bad in form, as it did not state what the instrument was in respect of which the forgery was committed, nor how the party signing it had authority to sign it. Rex v. Wilcox, R. & R. C. C. 50. (i) Exchequer Bills or Bonds. By 24 & 25 Vict. c. 98, s. 8, "whosoever shall forge or alter, or shall A. by deed, bearing date on the "offer, utter, dispose of, or put off, 7th of May, 1868, conveyed on that "knowing the same to be forged or day certain lands to B. in fee. Sub-" altered, any Exchequer bill or Exsequently, on the 26th of April," chequer bond or Exchequer de1869, C. produced a deed, bearing "benture, or any indorsement on or date the 12th of March, 1868, pur- assignment of any Exchequer bill 66 66 66 66 "or Exchequer bond or Exchequer" with or without solitary confinedebenture, or any receipt or cer"ment." "tificate for interest accruing there- By s. 10, "whosoever, without on, with intent to defraud, shall "lawful authority or excuse (the "be guilty of felony, and, being "proof whereof shall lie on the "convicted thereof, shall be liable, "party accused), shall make, or at the discretion of the court, to cause or procure to be made, or "be kept in penal servitude for life," aid or assist in making, any paper 66 or for any term not less than five "in the substance of which shall apyears (27 & 28 Vict. c. 47), or to pear any words, letters, figures, "be imprisoned for any term not ex-"marks, lines, threads or other deceeding two years, with or with- "vices peculiar to and appearing in out hard labour, and with or with- "the substance of any paper providout solitary confinement." "ed or to be provided or used for By s. 9," whosoever, without law-" such Exchequer bills, bonds, or "ful authority or excuse (the proof "debentures, or any part of such "whereof shall lie on the party ac-"words, letters, figures, marks, cused), shall make, or cause or pro- "lines, threads, or other devices, 66 cure to be made, or shall aid or as- "and intended to imitate the same, "sist in making, or shall knowingly" or shall knowingly have in his cus"have in his custody or possession," tody or possession any paper whatany frame, mould, or instrument soever in the substance whereof "having therein any words, letters," shall appear any such words, let"figures, marks, lines, or devices pe- "ters, figures, marks, lines, threads, "culiar to and appearing in the sub-" or devices, as aforesaid, or any "stance of any paper provided or to parts of such words, letters, fig. "be provided or used for Exchequer ures, marks, lines, threads, or "bills or Exchequer bonds or Ex-"other devices, and intended to imchequer debentures, or any ma"itate the same, or shall cause or as"chinery for working any threads "sist in causing any such words, let"into the substance of any paper, ters, figures, marks, lines, threads, or any such thread, and intended" or devices as aforesaid, or any "to imitate such words, letters, fig-"part of such words, letters, figures, marks, lines, threads, or de- "ures, marks, lines, threads, or other "vices, or any plate peculiarly devices, and intended to imitate employed for printing such Ex-"the same, to appear in the subchequer bills, bonds, or deben-"stance of any paper whatever, or tures, or any die or any seal pe- "shall take or assist in taking any "culiarly used for preparing any "impression of any such plate, die, "such plate, or for sealing such Ex-" or seal as in the last preceding chequer bills, bonds, or debentures," section mentioned, shall be guilty or any plate, die, or seal intended "of felony, and, being convicted to imitate any such plate, die, or "thereof, shall be liable, at the dis"seal as aforesaid, shall be guilty "cretion of the court, to be kept in "of felony, and, being convicted" penal servitude for any term not "thereof, shall be liable, at the dis- " exceeding seven years, and not "cretion of the court, to be kept "less than five years (27 & 28 "in penal servitude for any term "Vict. c. 47), or to be imprisoned "not exceeding seven years and not "for any term not exceeding two "less than five years (27 & 28 Vict." years, with or without hard la"c. 47), or to be imprisoned for any "bour, and with or without solitary "term not exceeding two years, "with or without hard labour, and 66 66 66 |