lawfully convicted, shall be and is and are hereby declared and adjudged to be guilty of felony." (h) Procuring London in false The 1 & 2 Wm. 4, c. 22, which was passed to amend the laws 1 & 2 Wm. 4, relating to hackney carriages, &c. in the metropolis, by sec. 33, c. 22, s. 33. enacts, that "if any person applying for or procuring or attempting licenses for to procure any license under any of the provisions of this act shall hackneyuse or employ any false or fictitious name or place of abode, or other carriages in false or fictitious description of any person or supposed person, or names. shall wilfully or knowingly insert or cause to be inserted in any requisition for any such license, or in any such license, any false or fictitious name or place of abode, or other false or fictitious description of any person or supposed person, or shall wilfully or knowingly insert or cause to be inserted in any such requisition or in any such license as aforesaid, the name of any person as being a proprietor or part proprietor of any hackney carriage, who shall not at the time of the application for such license be in fact a proprietor or part proprietor of such hackney carriage; the person so offending shall be guilty of a misdemeanor, and being convicted thereof, he shall be liable to be punished by fine or imprisonment, or by both, as the court shall award; such imprisonment to be in the common gaol or house of correction, and either with or without hard labour, as the court shall think fit." 2 & 3 Wm. 4, requisitions stage-car The 2 & 3 Wm. 4, c. 120, which consolidates the laws relating to stage carriages and horses let for hire in Great Britain, by sec. 10 enacts, that "if any person applying for or procuring or attempting to procure any license under this act for or in respect of any stage carriage, shall use or employ any false or fictitious name or place of abode, or other false or fictitious description of any person or suppo- riages. sed person, or shall insert or cause to be inserted in any requisition for any such license, or in any such license, any false or fictitious name or place of abode, or other false or fictitious description of any person or supposed person as being the proprietor or part proprietor of the stage carriage for or in respect of which such license shall be applied for or procured, or shall wilfully and knowingly insert or cause to be inserted in any such requisition, or in any such license as aforesaid, the name of any person as being a proprietor or part proprietor of such carriage who shall not at the time of the application for such license be in fact a proprietor or part proprietor of such carriage, the person so offending shall be guilty of a misdemeanor, and being convicted thereof he shall be liable to be punished by fine or imprisonment, or by both, as the court shall (h) Mr. Lonsdale (St. C. L. 196), observes, that the 10 Geo. 4, c. 50, s. 124, appears to be incidentally repealed, or at all events to be superseded by the 1 Wm. 4, c. 66, s. 6 (ante, p. 417), as to the forgery of any power of attorney; and also observes that although the other instruments above described appear to be warrants or orders for the payment of money within the meaning of the 1 Wm. 4, c. 66, s. 4 (post, p. 495), yet the forgery thereof not having been a capital offence at the time of the passing of that act, is not now punishable under the i Vict. c. 84, ss. 2 & 3 (ante, p. 413), but persons committing the same are liable (under the 7 & 8 Geo. 4, c. 28, ss. 8 & 9, 2 & 3 Wm. 4 c. 120, s. 32, Forging stages &c. award; such imprisonment to be in the common gaol or house of correction, and either with or without hard labour, as the court shall think fit; and in Scotland whenever any person shall so offend, he shall be liable to be punished in like manner." By sec. 32, "if any person shall forge or counterfeit, or shall cause or procure to be forged, counterfeited, or resembled, any numbered carriage plates, plate directed to be provided, or which shall have been provided, made, or used, in pursuance of this act or of any former act relating to the duties payable in respect of stage carriages, or shall wilfully fix or place, or shall cause or permit or suffer to be fixed or placed, upon any stage carriage or other carriage, any such forged or counterfeited plate, or if any person shall sell or exchange or expose to sale, or utter any such forged or counterfeited plate, or if any person shall knowingly and without lawful excuse, (the proof whereof shall lie on the person accused), have or be possessed of any such forged or counterfeited plate, knowing such plate to be forged or counterfeited, every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person in committing any such offence as aforesaid, shall be adjudged guilty of a misdemeanor, and being thereof convicted, shall be liable to be punished by fine or imprisonment or by both, such imprisonment to be in the common gaol or house of correction, and either with or without hard labour, as the court shall think fit, and in Scotland, whenever any person shall so offend, he shall be liable to be punished in like manner; and it shall be lawful for any officer of stamp duties, or for any constable or other peace officer, or any toll-gate keeper to seize and take away any such plate, in order that the same may be produced in evidence against such offender, or be disposed of as the commissioners of stamps shall think proper." 1 & 2 Vict. c. 79, s. 12. Forging licenses for hackney carriages, &c. Forging, &c.. of any hawker's license, 50 Geo. 3, c. 41, 's. 18. The 1 & 2 Vict. c. 79, which was passed for the better regulation of hackney carriages and of stage carriages, &c. in and near the metropolis, by sec. 12 enacts, that "if any person shall forge, or counterfeit, or shall cause or procure to be forged, counterfeited, or resembled, any license or ticket by that act directed to be provided for the driver of a hackney carriage, or for the driver or the conductor of a metropolitan stage carriage, or for any waterman; or if any person shall sell or exchange, or expose to sale, or utter any such forged or counterfeited license or ticket; or if any person shall knowingly and without lawful excuse, (the proof whereof shall lie on the person accused), have or be possessed of such forged or counterfeited license or ticket, knowing such license or ticket to be forged or counterfeited; every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person in committing any such offence as aforesaid, shall be adjudged guilty of a misdemeanor, and being thereof convicted shall be liable to be punished by fine or imprisonment, or by both, such imprisonment to be in the common gaol or house of correction, and either with or without hard labour, as the court shall think fit.” The offences of forging or counterfeiting any hawker's license, directed to be granted by the 50 Geo. 3, c. 41, or the travelling with or producing or shewing any such forged license for the purposes in the act mentioned, are made punishable by the act (s. 18,) by a pecuniary forfeiture of 300% CHAPTER THE THIRTY-NINTH. OF THE FORGERY OF PRIVATE PAPERS, SECURITIES, AND DOCUMENTS. THE 1 Wm. 4, c. 66, s. 3, (a) inter alia enacts, "that if any person shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any will, testament, codicil, or testamentary writing, or any bill of exchange, or any promissory note for the payment of money, or any indorsement on or assignment of any bill of exchange or promissory note for the payment of money or any acceptance of any bill of exchange, or any undertaking, warrant, or order for the payment of money, with intent, in any of the cases aforesaid, to defraud any person whatsoever, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon." (b) 1 Wm. 4, c. 66, s. 3. Forging wills, bills, notes, & If &c., the forger ment may be indicted under this act. Sec. 4, declares and enacts, "that where by any act now in force Sec. 4. any person is made liable to the punishment of death for forging or any instrument, however altering, or for offering, uttering, disposing of, or putting off, know- designated, ing the same to be forged or altered, any instrument or writing desig- is in law a bill nated in such act by any special name or description, and such of exchange, instrument or writing, however designated, is in law a will, testa- of ment, codicil, or testamentary writing, or a bill of exchange or a promissory note for the payment of money, or an indorsement on or assignment of a bill of exchange or promissory note for the payment of money, or an acceptance of a bill of exchange, or an undertaking, warrant, or order for the payment of money, within the true intent and meaning of this act, in every such case, the person forging or altering such instrument or writing, or offering, uttering, disposing of, or putting off such instrument or writing, knowing the same to be forged or altered, may be indicted as an offender against this act, and punished with death accordingly." (c) By sec. 10, "if any person shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or (a) See the whole section, ante, p. 424. The words in italics were not in the former acts. (b) The present punishment (under the 1 Vict. c. 84, ss. 1, 2, 3. ante, p. 413,) is transportation for life, or for any term not less than seven years, or imprisonment for any term not exceeding four nor less than two years, with or without hard labour, in the common gaol or house of correction, and the offender may be ordered to be kept in solitary confinement for any portion or portions of such imprisonment, not exceed- (c) See the last note. Sec. 10. Forging a deed, bond,. receipt for money or goods, or an accountable receipt, or an order for delivery of altered, any deed, bond, or writing obligatory, or any court roll or copy of any court roll relating to any copyhold or customary estate, or any acquittance or receipt either for money or goods, or any accountable receipt either for money or goods, or for any note, bill, or other security for payment of money, or any warrant, order, or goods; trans. request for the delivery or transfer of goods or for the delivery of any note, bill, or other security for payment of money, with intent to defraud any person whatsoever, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years or less than two years." (d) portation for life, &c. Construction of former statutes. More modern statutes. Will. It is to be observed, that although this act does not extend to Scotland or Ireland, yet it applies to the forging or uttering in England documents purporting to be made, or actually made out of England, and to the forging or uttering in England bills of exchange, promissory notes, bonds, &c, purporting to be payable out of England. (e) It was holden to be in the election of the party in the case of forging deeds to lay the indictment either at common law, or upon the 5 Eliz. c. 14. (f) And as this statute is repealed by the 1 Wm. 4, c. 66, and had been considered, some years previously, as having nearly fallen into disuse, (g) it may be deemed sufficient merely to refer in this place to the books in which the cases upon the construction of it are to be found collected. (h) In one of the latest of those cases it was holden that the statute did not mean that there should be a forged conveyance of the very lands; but if it were any deed whereby the party might be molested, it was sufficient. (¿) And a variance as to the description of the lands was holden not to be material. (j) The more modern statutes in relation to the forgery of private papers, securities, and documents, were the 2 Geo. 2, c. 25, (extended to forgeries with intent to defraud any corporation by 31 Geo. 2, c. 22, s. 78,) the 7 Geo. 2, c. 22, (extended in like manner by 18 Geo. 3, c. 18,) the 43 Geo. 3, c. 130, (as to the forging of foreign bills of exchange, &c.) and the 45 Geo. 3, c. 89. But these statutes are repealed by the 1 Wm. 4, c. 66, s. 31. It was remarked with reference to these repealed statutes, that the same general rules of construction would apply equally to the same instruments named in the several statutes passed in pari materia; and all must necessarily be governed by the same principles of the common law. (k) Upon an indictment for forging a will, the probate of that will unrepealed, is not conclusive evidence of its validity, so as to be a bar to the prosecution. (7) (d) As to punishment of principals in the second degree and accessories, see ante, p. 410. (e) See sec. 29, and sec. 30, ante, p. 411. (ƒ) Obrian's case, 2 Str. 1144. As, however, the forgery of a will is now made a felony by statute, it is apprehended that it would not be competent to indict for forging a will as a misdemeanor, as the misdemeanor is merged in the felony. See ante, vol. 1, p. 50, and Rex v. Evans, 5 C & P. 553, post. C. S. G. (g) 2 East, P. C. c. 19, s. 33, p. 919. (h) 3 Inst. chap. 75, p. 168, et seq. 1 Hale, 682, et seq. 1 Hawk. P. C. c. 70, s. 12, et seq. Bac. Abr. tit. Forgery (C). 2 East, P. C. c. 19, s. 33, p. 919, et seq. (i) Crooke's case, Str. 901. 2 East, P. C. c. 19, s. 33, p. 921. Ante, p. 344. (j) Id. ibid. (k) East, P. C. c. 19, s. 33, p. 920. (1) Rex v. Buttery and Macnamara, Russ. & Ry. 342. Ante, p. 346, and see ante, p. 345, 346, as to the cases which have been decided relative to the forgery of wills. Several questions have arisen as to the written instruments which Questions upon may be considered as deeds, bills of exchange, promissory notes, the repealed indorsements, &c.; or as receipts; or as warrants or orders for the payment of money or delivery of goods. statutes. deed. A power of attorney has been holden to be a deed within the Power of atmeaning of the 2 Geo. 2, c. 25, s. 1 (now repealed). And in torney is a the same case it was decided that forging a deed was within that statute, though the directory provisions of subsequent statutes had directed that instruments for the purpose for which the forged deed was intended should be in a particular form, or should comply with certain requisites, and the forged deed was not in that form, nor had been made in compliance with those requisites; for the directory provisions did not make the deed wholly void in consequence of its not being in the form prescribed, and not having such requisites. (m) In a subsequent case it was also holden, after very ingenious and learned argument, that a power of attorney to transfer government stock, signed, sealed, and delivered, was a deed within the repealed statute, 2 Geo. 2, c. 25. (n) It may be observed, that the question whether uttering in England Uttering a promissory note of a Scotch bank, or chartered Scotch company, Scotch notes payable in Scotland, is made felony by statute, (o) appears to be set at rest by the 1 Wm. 4, c. 66, s. 30. (p) Upon an indictment for forging or uttering a note of the Royal Bank of Scotland, it is not necessary to prove that any of the charters gave the bank power to draw or issue notes, for that power is sufficiently recognised by the 42 Geo. 3, c. 149, s. 16, and the 55 Geo. 3, c. 124, s. 23. (q) In the following case it was holden that a promissory note for the payment of a guinea in cash or Bank of England note was not within the repealed statute, 2 Geo. 2, c. 25. The prisoner was tried on an indictment charging him in the first count with forging, and in another count with uttering knowing it to be forged, a certain promissory note for the payment of money, the tenor of which was as follows, viz. :— Wilcock's case. A pro missory note for the pay ment of one guinea in cash or Bank of England note holden (m) Rex v. T. R. Lyon, Russ. & Ry. 255. (n) Rex ". Fauntleroy, R. & M. C. C. R. 52. And see Rex v. Waite, Russ, & Ry. 505. (0) This question was raised in Dick's case, 1 Leach, 68. 2 East, P. C. c. 19, s. 35, p. 925, where the prisoner was indicted for uttering a forged Scotch bank note, and the judges were divided in opinion whether such a note were within the meaning of the 2 Geo. 2, c. 25, and whether the uttering it in England were felony; the 2 Geo. 2, c. 25, s. 4, providing that nothing in the act contained should extend to that part of Great Britain called Scotland. And also in M'Kay's case, O. B. 1803, MS. and Russ. & Ry. 71, where the prisoner was indicted for uttering a promissory note of the British linen company at Edinburgh; and the objection was taken on his behalf, that the instrument set out in VOL. II. the indictment, purporting to be an under- 130. K K |