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"of Ireland, or the privy seal of Ireland, or shall forge or counterfeit "the stamp or impression of any of "the seals aforesaid, or shall utter any document or instrument whatsoever having thereon or affixed "thereto the stamp or impression "of any such forged or counterfeit"ed seal, knowing the same to be "the stamp or impression of such "forged or counterfeited seal, or any forged or counterfeited stamp "or impression made or apparently "intended to resemble the stamp or impression of any of the seals aforesaid, knowing the same to be "forged or counterfeited, or shall forge or alter, or utter, knowing "the same to be forged or altered,

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ing a stamp, it is enough to describe it as a stamp provided and used in pursuance of an act of parliament, without setting out the impression or inscription, or naming ing the amount of duty denoted thereby. Ib.

Quære, whether a person who took some of the stamps from a writ, and then fixed them to another writ of the same kind, and then sold it for the purpose of its being used by such persons as might buy it from his vendee, was within 12 Geo. 3, c. 48? Rex v. Field, 1 Leach, C. C. 383.

396.

Knowingly selling plate with the king's mark forged on it, was not capital, but only subject to transany document or instrument hav-portation. Rex v. Hope, 1 M. C. C. ing any of the said stamps or im"pressions thereon or affixed thereto, 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 confine"ment." (Previous provision, 11 Geo. 4 & 1 Will. 4, c. 66, s. 2.

(q) Stamps.

Having false stamped Paper.]Where on indictment for having in possession certain reams paper, with counterfeit marks, and impressions of certain stamps used to denote the duty imposed in respect of paper, on the covers or wrappers, it was proved that the paper came from the prisoner at Exeter, and was brought thence by his servant to Topsham, in the county of Devon, and seized by the custom officer on board a vessel at Topsham :-Held, that this was in law a custody and Forging and Uttering.]-Deliver-possession in the prisoner in the ing a box, containing forged stamps, county of Devon sufficient to mainto the party's own servant, that he tain the indictment in that county. may carry them to an inn, to be for- Rex v. Pim, R. & R. C. C. 425. warded by the carrier to a customer in the country is an uttering. Rex v. Collicott, R. & R. C. C. 212; c. 184, s. 7, and 4 & 5 Vict. c. 56.] 2 Leach, C. C. 1048; 4 Taunt. 300. It was the duty of a clerk in the If a person engraves a counter-stamp office to cut off the corners feit stamp, similar in some parts, of parchments which bore the blue dissimilar in others, to the legal paper stamps allowed for as spoiled stamp, and, cutting out the dissimi- by the commissioners of stamps, and lar parts, utters the similar parts to put the blue paper stamps and as genuine, concealing the space the small pieces of parchment so whence the dissimilar part is cut cut off, and which were glued to out; this amounts to a forgery and them, into the fire, without separatuttering. Ib. ing them. Instead of doing this, he In describing the offence of forg-separated a blue paper stamp from

Transposing Stamps. 55 Geo. 3,

the small piece of parchment to which it had been glued, and glued it to a new skin of parchment, on which the words "This indenture" had been written. The jury found that he had no fraudulent intent when he cut the stamp from the skin of parchment, but that he had when he separated the blue paper stamp from the small piece of parchment; and that he then intended to apply the stamp to a parchment intended to be used as an indenture: -Held, that this was a capital of fence. Rex v. Smith, 5 C. & P. 107; 1 M. C. C. 314.

(r) Trade Marks.

(See 25 & 26 Vict. c. 88.)

The prosecutor, Borwick, sold powders called "Borwick's baking powders," and " Borwick's egg powders," wrapped up in printed papers. The prisoner procured 10,000 wrappers to be printed similar to Borwick's, except that the name of Borwick was omitted on the baking powders. In these wrappers the prisoner inclosed powders of his own, which he sold for Borwick's powders. The jury found that the wrappers so far resembled Borwick's as to deceive persons of ordinary observation, and that they were procured and used by the prisoner with an intent to defraud:

It being uncertain whether the stamp so separated was impressed before or after 55 Geo. 3, c. 184:Held, that the party might be properly convicted on a count stating-Held, that he could not be conthe stamp to be the impression of a die made and used "in pursuance of the statute made and provided for denoting a certain duty, being one of those under the management of the commissioners of stamps." Ib.

victed of forgery, though he was liable to be indicted for false pretences. Reg. v. Smith, 8 Cox, C. C. 32; 4 Jur., N. S. 1003; Dears. & B. C. C. 566; 27 L. J., M. C. 225.

(s) Transfer of Stock or Shares.

A person might be found guilty under 13 Geo. 3, c. 52, s. 14, and 38 Geo. 3, c. 69, s. 7, if proved to have transposed the mark of the Goldsmith's Company from gold ring to another, although both" any share or interest of or in any rings were genuine, and although "stock, annuity or other public the jury might be of the opinion "fund which now is or hereafter that he did so without any fraudu- "may be transferable at the Bank lent intention. Rex v. Ogden, 6 C." of England or at the Bank of Ire& P. 631. "land, or of or in the capital stock "of any body corporate, company Using the same Stamp more than "or society which now is or hereonce.]-To constitute a felony under" after may be established by char12 Geo. 3, c. 48, s. 1, of writing some matter or thing liable to stamp-duty on paper on which had been before written some other mat-" dispose of or put off, knowing the ter liable to stamp-duty, before the "same to be forged or altered, any paper had been again stamped, it " power of attorney or other authorwas essential that the party writing "ity to transfer any share or intershould do it with some fraudulent "est of or in any such stock, annuiintent. Reg. v. Allday, 8 C. & P." ty, public fund or capital stock, 136-Abinger. or to receive any dividend or

By 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 forg"ed or altered, any one transfer of

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money payable in respect of any such share or interest, or shall de"mand 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 de"fraud, shall be guilty of felony, "and, being convicted thereof, "shall be liable, at the discretion of "the court, to be kept in penal serv"itude 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 solita"ry confinement." (Former enactment, 11 Geo. 4 & 1 Will. 4, c. 66, | s. 6.)

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"ry confinement." (Previous provision, 11 Geo. 4 & 1 Will. 4, c. 66, s. 8.)

An indictment for forging a transfer of stock is good, although the stock has never been accepted by the person in whose name it stood, and although the transfer was not witnessed according_to_the_rules and directions of the bank. Rex v. Gade, 2 Leach, C. C. 732; 2 East, P. C. 874.

A., a share-broker, had bought twenty shares in a railway company of L., a broker, which stood in the name of P.; but L. did not send A. the deed of transfer, as A. was in embarrassed circumstances, and owed L. money. A. procured a boy to execute a deed of transfer of the shares in the name of P.; all the calls in the shares had been paid up :-Held, a forgery, and that A. could be convicted on counts laying an intent to defraud P. and the railway company. Reg. v. Hoatson, 2 C. & K. 777-Rolfe.

A power of attorney to transfer government stock, signed, sealed and delivered, was a deed within 2 Geo. 2, c. 25, s. 1. Rex v. Fauntleroy, 1 M. C. C. 52; 2 Bing. 413; 10 Moore, 1; 1 C. & P. 421; S. P. Rex v. Pringle, 1 M. C. C. 68.

Forging a power of attorney to receive a seaman's wages, in the name of a supposed child as administratrix of such seaman, who, in fact, died childless, is a forgery. Rex v. Lewis, 2 East, P. C. 957.

forged name, handwriting or sig- Making false Entries in public "nature thereon, knowing the same Transfer Books.]-By 24 & 25 Vict. "to be forged, shall be guilty of c. 98, s. 5, "whosoever shall wilfully "felony, and, being convicted "make any false entry in, or wilfully thereof, shall be liable, at the dis-" alter any word or figure in, any of "cretion of the court, to be kept in "the books of account kept by the "penal servitude for any term not" Bank of England or the Bank of exceeding seven years, and not "Ireland, in which books the ac"less than five years (27 & 28" counts of the owners of any stock, "Vict. c. 47), or to be imprisoned" annuities or other public funds "for any term not exceeding two "which now are or hereafter may 66 years, with or without hard la-" be transferable at the Bank of bour, and with or without solita- " England or at the Bank of Ireland

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"shall be entered and kept, or shall" of any annuity, interest or money "in any manner wilfully falsify any "payable at the Bank of England "of the accounts of any such own- or Ireland, for a greater or less ers in any of the said books, with "amount than the person on whose "intent in any of the cases aforesaid "behalf such warrant shall be made to defraud, or shall wilfully make "out is entitled to, with intent to any transfer of any share or inter- " defraud, shall be guilty of felony, est of or in any stock, annuity or "and, being convicted thereof, "other public fund which now is or "shall be liable, at the discretion of "hereafter may be transferable at "the court, to be kept in penal serv"the Bank of England or at the "itude for any term not exceed"Bank of Ireland, in the name of "ing seven years, and not less any person not being the true and " than five years (27 & 28 Vict. c. "lawful owner of such share or in-" 47), or to be imprisoned for any "terest, with intent to defraud, "term not exceeding two years, "shall be guilty of felony, and, be- " with or without hard labour, and ing convicted thereof, shall be li-"with or without solitary confine66 able, at the discretion of the court, ment." (Former provision, 11 "to be kept in penal servitude for" Geo. 4 & 1 Will. 4, c. 66, s. 9.) "life, or for any term not less than "five years (27 & 28 Vict. c. 47),

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or to be imprisoned for any term "not exceeding two years, with or "without hard labour, and with "or without solitary confinement. (Former enactment, 11 Geo. 4 & 1. Will. 4, c. 66, s. 5.)

(t)

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Warrants, Orders, Undertakings, Requests and Receipts for Goods or for Money.

Statute.]-By 24 & 25 Vict. c. 98, s. 23, "whosoever shall forge or alter, or shall offer, utter, dispose "of or put off, knowing the same "to be forged or altered, any under

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In Companies.]-On an indict-"taking, warrant, order, authority ment for forging and uttering a or request for the payment of transfer of shares in a railway com- money, or for the delivery or transpany, the register of shareholders fer of any goods or chattels, or of bearing the seal of the company, any note, bill or other security for and kept according to 8 & 9 Vict. the payment of money, or for proc. 16, s. 9, is evidence to shew that" curing or giving credit, or any inan individual is a shareholder, with- dorsement on or assignment of out further authentication; and in "any such undertaking, warrant, order to prove that such individual is" order, authority or request, or any liable to be defrauded by the forg-"accountable receipt, acquittance ing and uttering of a transfer of or receipt for money or for goods, the shares, it is not necessary to or for any note, bill or other secugive further proof of his title to "rity for the payment of money, or shares. Reg. v. Nash, 2 Den. C. C. any indorsement on or assignment 493; 16 Jur. 553; 21 L. J., M. C." of any such accountable receipt, "with intent, in any of the cases aforesaid, to defraud, shall be Bank Dividend Warrants.]-By s. "guilty of felony, and, being con6, "whosoever, being a clerk, offi-"victed thereof, shall be liable, at cer or servant of, or other person employed or intrusted by, the "Bank of England or the Bank of "Ireland, shall knowingly make

147.

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the

"out or deliver any dividend

warrant, or warrant for payment FISH. DIG.--15.

out hard labour, and with or with"out solitary confinement." (Former provision, 11 Geo. 4 & 1 Will. 4, c. 66, ss. 3, 10.)

name it was made had such power. Rex v. Baker, 1 M. C. C. 231.

A note, in a name of an overseer of the poor, to a shopkeeper, desiring him to let the prisoner have certain goods, which he would see him paid for, was not a warrant or an order for the delivery of goods within 7 Geo. 2, c. 22. Rex v. Mitchell, 2 East, P. C. 936.

A forged order on a tradesman, in the name of a customer, requesting that the goods mentioned in it might be delivered to the bearer, was not within 7 Geo. 2, c 22, if the customer had no interest in the goods mentioned. Rex v. Williams, 1 Leach, C. C. 114; 2 East, P. C. 937.

By s. 24," whosever, with intent “to defraud, shall draw, make, sign, accept or indorse any bill of exchange or promissory note, or any undertaking, warrant, order, au"thority or request, for the pay"ment of money, or for the delivery or transfer of goods or chat"tels, or of any bill, note or other security for money, by procura"tion or otherwise, for, in the name or on the account of any other person, without lawful authority or excuse, or shall offer, utter, dis66 pose of or put off any such bill, "note, undertaking, warrant, order, authority or request so drawn, "made, signed, accepted or in"dorsed by procuration or otherwise, without lawful authority or "excuse, as aforesaid, knowing the "same to have been so drawn, made, "signed, accepted or indorsed as "aforesaid, shall be guilty of felony, and being convicted thereof Forging an order in the name of "shall be liable, at the discretion a silversmith for the re-delivery of "of the court, to be kept in penal plate from Goldsmiths' Hall, viz. "servitude for any term not exceed-"Please to deliver my work to the "ing fourteen years and not less bearer," was within 7 Geo. 2, c. 22, "than five years (27 & 28 Vict. c. and 13 Geo. 3, c. 26. Rex v. Jones, 47), or to be imprisoned for any 1 Leach, C. C. 53; 2 East, C. C. term not exceeding two years, 941. "with or without hard labour, and "with or without solitary confine"ment."

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Orders for the Delivery of Goods.] -A forged order for the delivery of goods was not within 7 Geo. 2, c. 22, unless directed to the person who had the goods. Rex v. Clinch, 1 Leach, C. Č. 540; 2 East, P. C. 938.

In a case of forging an order, the order charged as forged must import that the person making it has a disposing power over the subject of the order, or there ought to be proof that the person in whose

A prisoner convicted on or confessing to an indictment for uttering a forged order, ought not to have judgment passed, if it appears that the person whose name is forged had no authority to order, and the writing merely purports to be a request. Reg. v. Newton, 2 M. C. C. 59.

An order to taste wine in the London Docks, is an order for the delivery of goods, the forgery of which is a felony. Reg. v. Illidge, 2 C. & K. 871; T. & M. 127; 13 Jur. 543; 18 L. J., M. C. 179; 3 Cox, C. C. 552.

At the London Docks, a person bringing a tasting order from a merchant having wine there is not allowed to taste till the order has the signature of a clerk of the company across it. A. uttered a tasting-order, with the merchant's name forged to it, by presenting it to the company's clerk for his signature across it. The clerk refused