Trial in the county where the offences were com mitted, 53 Geo. 3, c. 108, s. 25. that the objections were unfounded, and the conviction right. Grose, J., in delivering their opinion, said:" As to the first point, it was proved, that this stamp had, in every respect, and in all its parts, a perfect resemblance to a genuine stamp, excepting only that the centre part in a genuine stamp, which specifies and denotes the duty, was in the forged stamp cut out; and a paper with the words 'Jones, Bristol,' on it, pasted over the vacancy. It was also proved, that those parts which still remained were a perfect resemblance of the same parts on the genuine stamp, and that the whole was a fabrication so artfully contrived as to be likely to deceive the eye of every common observer. An exact resemblance, or fac simile, is not required to constitute the crime of forgery; for if there be a sufficient resemblance to shew that a false making was intended, and that the false stamp is so made as to have an aptitude to deceive, that is sufficient. In this case the jury, by their verdict, have found that this stamp had a sufficient likeness to give it an aptitude to deceive, which is all the law requires. As to the second point, the indictment charges the prisoner with having forged a certain mark, and with having uttered a certain paper with a forged and counterfeited mark, resembling a mark provided and used in pursuance of the act: and the other counts describe it to be a stamp. The statute makes the forging and uttering of such a mark or stamp, as is thereby directed to be affixed to these articles, a capital offence. The indictment contains all the words that the act requires to constitute the offence." (r) With respect to the trial of offences against the stamp acts, the 53 Geo. 3, c. 108, s. 25, enacted, " that from and after the passing of this act, all criminal offences committed against or in breach of any act or acts of Parliament now in force, for granting or securing any of the duties under the management of the commissioners of stamps, shall and may be inquired of, tried, and determined, either in the county or city, or town and county where the offence shall be committed, or where the party or parties accused, or any of them, shall be apprehended." (k) Collicott's case, O. B. 1812, argued before the judges, 25 April, 1812. 2 Leach, 1048. 4 Taunt. 300. Russ. & Ry. 212, 229. CHAPTER THE THIRTY-EIGHTH. OF THE FORGERY OF OFFICIAL PAPERS, SECURITIES, AND DOCUMENTS. Forgeries of official papers, securities, and documents have been made in many instances the subject of especial legislative cnact ments. prefines at the office, 32 alienation Geo. 2, c. 14, 8. 9. By the 32 Geo. 2, c. 14, the receiver of the prefines at the aliena- Forging the tion office was directed to receive the post fine at the same time on mark, &c., of every writ of covenant sued out for the passing of fines in the Com- the receiver of mon Pleas, and to indorse the receipt of the same thereon, with his name and mark of office. The ninth section then enacted, that if any person should make, forge, or counterfeit, or cause or procure,' &c. the mark or hand of such receiver, whereby such receiver or any 52 Geo. 3, other person or persons should or might be defrauded, or suffer any c. 143, s. 5. loss thereby, every person convicted of such offence should be deemed guilty of felony, and suffer death without benefit of clergy. (a) The more recent statute, 53 Geo. 3, c. 143, s. 5, enacts, "that if any person shall make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeited, the mark or hand of the receiver of the prefines at the alienation office, upon any writ of covenant, whereby such receiver or any other person shall or may be defauded, or suffer any loss thereby; every person so offending shall be adjudged guilty of felony, and shall suffer death as a felon without benefit of clergy." (b) The 7 & 8 Geo. 4, c. 28, s. 11, after reciting the expediency of Uttering a providing for the more exemplary punishment of offenders who com- false certificate mit felony after a previous conviction for felony, and enacting such of a conviction for a previous punishment, regulates the form of indictment for the subsequent felony, and then enacts, that "a certificate containing the substance (a) These offences appear to have had the benefit of clergy extended to them by the 52 Geo. 3, c. 143, s. 1, see note (b), and not having had any punishment expressly provided for them, and the benefit of clergy being abolished by the 7 & 8 Geo. 4, c. 28, seem now to be punishable in the manner pointed out in note (u), ante, p. 448, under the 7 & 8 Geo. 4, c. 28, ss. 8 & 9, and the 1 Vict. c. 90, s. 5. as guilty of felony, without benefit of clergy, felony. Forgery of contracts, cer- and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the court, or other officer having the custody of the records where the offender was first convicted, or by the deputy of such clerk or officer, (for which certificate a fee of six shillings and eight-pence, and no more, shall be demanded or taken,) shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same; and if any such clerk, officer, or deputy, shall utter a false certificate of any indictment and conviction for a previous felony, or if any person, other than such clerk, officer, or deputy, shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and, being lawfully convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and if a male, to be once, twice, or thrice publicly or privately whipped, (if the Court shall so think fit,) in addition to such imprisonment." (c) The 42 Geo. 3, c. 116, consolidated the former acts for the redemption and sale of the land tax; and it enacted (by sec. 194), "that if any person shall forge, counterfeit, or alter, or cause or procure to be forged, counterfeited, or altered, or knowingly or wilfully act or assist in the forging, counterfeiting, or altering any contract or contracts for the redemption or sale of any land tax, or any assignment or assignments of any such land tax, or of any such contract or contracts, or of any portion of land tax therein comprised, or any certificate or certificates of the commissioners of land tax or of supply, or of any chief magistrate authorized by this act to make out such certificate or certificates, or of the surveyor-general of the land revenue of the crown, or of the duchy of Cornwall, or any certificate or certificates, receipt or receipts, of the cashier or cashiers of the governor and company of the Bank of England, or any certificate or certificates, or attested copy of any certificate or certificates, directed by this act to be made out by the proper officer, or shall wilfully deliver or produce to any person or persons acting under the authority of this act, or shall utter any such forged, counterfeited, or altered contract or contracts, assignment or assignments, certificate or certificates, receipt or receipts, knowing the same to be forged, counterfeited, or altered, with intent to defraud his Majesty, his heirs, &c., or any body or bodies politic or corporate, or company or other person or persons whomsoever," then and in every such case, all and every person or persons so offending shall be adjudged guilty of felony, without benefit of clergy. (d) The 52 (c) As to hard labour and solitary confinement see the 7 & 8 Geo. 4, c. 28, s. 8, and 1 Vict. c. 90, s. 5, ante, p. 135, note (b). The 7 & 8 Geo. 4, c. 28, contains no provisions for the punishment of principals in the second degree and accessories; the principals in the second degree are therefore punishable in the same way as the principals in the first degree, and the accessories in the manner pointed out in note (u), ante, p. 448. (d) These offences appear to have had the benefit of clergy extended to them by he 52 G eo. 3, c. 143, s. 1, ante, note (b), and not having had any punishment expressly provided for them, and the benefit of clergy being abolished by the 7 & 8 Geo. 4, c. 28, seem now to be punishable in the manner pointed out in note (u), ante, p. 448. Geo. 3, c. 143, s. 6, enacts," that if any person shall forge, counterfeit, or alter, or cause or procure to be forged, counterfeited, or altered, or knowingly or wilfully act or assist in the forging, counterfeiting, or altering any contract, assignment, certificate, receipt, or attested copy of any certificate made out or purporting to be made out by any person or persons authorized to make out the same by any act of Parliament touching the redemption or sale of the land tax, or of any part thereof; or if any person shall wilfully utter any such forged, counterfeited, or altered contract, assignment, certificate, receipt, or attested copy of certificate, knowing the same to be forged, counterfeited, or altered, with intent to defraud his Majesty, his heirs or successors, or any body or bodies politic or corporate, or other person or persons ;" every person so offending shall be adjudged guilty of felony without benefit of clergy. (d) &c. 2 Wm. 4, c. 16, s. 3. Unauthorized persons making paper in imitation of excise paper, &c. The 23 Geo. 3, c. 70, s. 9, made the forgery of excise permits, Forgery of &c., a capital felony: (e) and a clause nearly similar was contained excise permits, in the 52 Geo. 3, c. 143, s. 9; and the 2 Wm. 4, c. 16, which was passed to consolidate the laws regulating the granting of permits under the excise laws, by scc. 3, enacts, that "every person who shall make, or cause or procure to be made, or shall aid or assist in the making, or shall knowingly have in his, her, or their custody or possession, not being authorized by the said commissioners, and without lawful excuse, the proof whereof shall lie on the person accused, or forging any mould or frame, or other instrument having therein the words plates or types, "excise office," or any other words, figures, marks, or devices peculiar to and appearing in the substance of the paper used by the said commissioners for permits, or with any or part of such words, figures, marks, or devices, or any of them, intended to imitate or pass for the same; and every person, except as before excepted, who shall make, or cause or procure to be made, or aid or assist in the making, any paper in the substance of which the words " excise office," or any other words, figures, marks, or devices peculiar to or appearing in the substance of the paper used by the commissioners of excise for permits, or any part of such words, figures, marks, or devices, or any of them, intended to imitate and pass for the same, shall be visible; and every person, except as before excepted, who shall knowingly have in his, her, or their custody or possession, without lawful excuse (the proof whereof shall lie on the person accused), any paper whatever in the substance of which the words "excise office," or any other words, figures, marks, or devices peculiar to and appearing in the substance of paper used by the commissioners of excise for permits, or any part of such words, figures, marks, or devices, or of any of them intended to imitate and pass for the same shall be visible; and every person, except as before excepted, who shall by any art, mystery, or (d) Mr. Lonsdale observes, (St. Cr. L. 76), that the 52 Geo. 3, c. 143, s. 6, appears to be superseded by the 1 Wm. 4, c. 66, s. 10 (post, next chapter), as far as relates to the forging of any receipt. With respect to other instruments above mentioned, the forgery of them not having been made punishable with death by the 1 Wm. 4, c. 66, although previously a capital crime, and that act not having re pealed the 52 Geo. 3, c. 143, s. 6, persons (e) See ante, p. 459, note (b). 2 Wm. 4, counterfeiting &c. Sec. 15. Officers delivering out contrivance, cause or procure, or aid or assist in causing or procuring the words "excise office," or any other words, figures, marks, or devices peculiar to and appearing in the substance of the paper used by the commissioners of excise for permits, or any or part of such words, figures, marks, or devices, or any of them intended to imitate and pass for the same, to appear visible in the substance of any paper whatever; and every person, not authorized or appointed as aforesaid, who shall engrave, cast, cut or make, or cause or procure to be engraved, cast, cut, or made, or aid or assist in engraving, casting, cutting, or making any plate, type, or other thing in imitation of or to resemble any plate or type, made or used by the direction of the commissioners of excise, for the purpose of marking or printing the paper to be used for permits; and every person, except as before excepted, who shall knowingly have in his or her custody or possession, without lawful excuse, proof whereof shall lie on the person accused, any such plate or type; shall for every such offence be adjudged a felon, and shall be transported for the term of seven years, or shall be imprisoned, at the discretion of the court before whom such person shall be tried, for any period not less than two years." (e) By sec. 4, "every person who shall counterfeit or forge, or cause or procure to be counterfeited or forged, or assist in counterfeiting or forging any permit, or any part of any permit, or shall counterfeit any impression, stamp, or mark, figure or device provided or appointed, or to be provided or appointed by the commissioners of excise to be put on such permit, or shall utter, give, or make use of any counterfeited or forged permit, knowing the same or any part thereof to be counterfeited or forged, or shall utter, give, or make use of any permit with any such counterfeited impression, stamp, or mark, figure or device, knowing the same to be counterfeited; or if any person or persons shall knowingly or wilfully accept or receive any counterfeited or forged permit, or any permit with any such counterfeited impression, stamp or mark, figure or device thereon, knowing the same to be counterfeited, shall for every such offence be adjudged guilty of a misdemeanor, and shall be transported for the term of seven years, or fined and imprisoned at the discretion of the court." By sec. 15, "every officer of excise who shall deliver out, or suffer to be delivered out, any paper prepared or provided, or false permits. appointed by the commissioners of excise to be used for permits in blank, or before such permit shall be filled up and issued agreeable to and in conformity with a request note; and every officer who shall knowingly give or grant any permit to any person not entitled to receive the same, or shall knowingly give or grant any false or untrue permit, or shall make any false or untrue entry in the counterpart of any permit given or granted by him, or shall knowingly or willingly receive or take any goods or commodities into the stock of any person or persons brought in with any false or untrue or fraudulent permit, or shall knowingly or willingly grant (e) This statute contains no provisions as to principals in the second degree or accessories; the principals in the second degree, therefore, are punishable according to the common law rule, in the same man ner as principals in the first degree, and the accessories are punishable in the manner stated in note (u), ante, p. 448, as for a felony for which no punishmont has been expressly provided. |