a case would clearly fall within the new words As to hard labour, &c., see ante, p. 5. 13. Whosoever, without lawful authority or excuse Purchasing (the proof whereof shall lie on the party accused), or receiving or having shall purchase or receive from any other person, or forged have in his custody or possession, any forged bank bank notes. note, bank bill of exchange, or bank post bill, or blank bank note, blank bank bill of exchange, or blank bank post bill, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,--or to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is taken from the 1 Will. 4, c. 66, s. 12. There was a similar clause in the 49 Geo. 3, c. 13, s. 2 (I.), relating to bank notes, &c., of the Bank of Ireland. A question may be raised whether this clause includes the notes of common bankers. Neither of the old enactments did; but placed as this enactment is, immediately after the one including such notes, and describing them as commonly called by the very terms used in this section, there can be no doubt that they would be held to be within it. The words "without lawful authority, &c.," are made uniform throughout this Act. As to hard labour, &c., see ante, p. 5. As to making and engraving plates, &c., for 14. Whosoever, without lawful authority or excuse Making or (the proof whereof shall lie on the party accused), having shall make or use, or knowingly have in his custody mould for or possession, any frame, mould, or instrument for paper with the making of paper with the words "Bank of Eng- the words making 66 of Ireland," or with "Bank of land" or "Bank of Ireland," or any part of such England," words intended to resemble and pass for the same, or Bank visible in the substance of the paper, or for the making of paper with curved or waving bar lines, curved bar or with the laying wire lines thereof in a waving lines, &c., or curved shape, or with any number, sum, or amount or selling such paper. expressed in a word or words in Roman letters, visible in the substance of the paper, [or with any device or distinction peculiar to and appearing in the substance of the paper used by the governor and company of the Banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respectively,] or shall make, use, sell, expose to sale, utter, or dispose of, or knowingly have in his custody or possession, any paper whatsoever with the words "Bank of England" or "Bank of Ireland," or any part of such words intended to resemble and pass for the same, visible in the substance of the paper, or any paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape, or with any number, sum, or amount expressed in a word or words in Roman letters, appearing visible in the substance of the paper, [or with any device or distinction peculiar to and appearing in the substance of the paper used by the governor and company of the Banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respectively,] or shall by any art or contrivance cause the words "Bank of England" or "Bank of Ireland," or any part of such words intended to resemble and pass for the same, [or any device or distinction peculiar to and appearing in the substance of the paper used by the governor and company of the Banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respectively,] to appear visible in the substance of any paper, or shall cause the numerical sum or amount of any bank note, bank bill of exchange, or bank post bill, blank bank note, blank bank bill of exchange, or blank bank post bill, in a word or words in Roman letters, to appear visible in the substance of the paper whereon the same shall be written or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is framed from the 1 Will. 4, c. 66, s. 13; 38 Geo. 3, c. 53, s. 3 (I.); and 39 Geo. 3, c. 63, s. 3 (I.). The parts between brackets are taken from the two latter Acts; those Acts had the words "or the greater part of such words," for which the Select Committee of the Commons substituted "any part of such words intended to resemble and pass for the same," as the greater part of the words "Bank of Ireland" or "Bank of England" might be visible in paper, and yet might neither resemble nor be intended to resemble either of those expressions. As to hard labour, &c., see ante, p. 5. used for 15. Nothing in the last preceding section con- Proviso as tained shall prevent any person from issuing any bill to paper of exchange or promissory note having the amount bills of thereof expressed in guineas, or in a numerical figure exchange, or figures denoting the amount thereof in pounds &c. sterling, appearing visible in the substance of the paper upon which the same shall be written or printed, nor shall prevent any person from making, using, or selling any paper having waving or curved lines or any other devices in the nature of watermarks visible in the substance of the paper, not being bar lines or laying wire lines, provided the same are not so contrived as to form the groundwork or texture of the paper, or to resemble the waving or curved laying wire lines or bar lines or the watermarks of the paper used by the governor and company of the Banks of England and Ireland respectively. Engraving or having any plate, &c., for making notes of Bank of or other banks, or paper upon note, &c., shall be printed. Note. This clause is taken from the 1 Will. 4, c. 66, s. 14, and is new in Ireland. 16. Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall engrave or in anywise make upon any plate whatsoever, or upon any wood, stone, or other material, any promissory note, bill of exchange, or bank post bill, or part of a promissory note, bill of or Ireland, exchange, or bank post bill, purporting to be a bank note, bank bill of exchange, or bank post bill of the having such governor and company of the Bank of England or of plate, &c., the governor and company of the bank of Ireland, or uttering or of any other body corporate, company, or person or having carrying on the business of bankers, or to be a which a blank bank note, blank promissory note, blank bank blank bank bill of exchange, or blank bank post bill of the governor and company of the Bank of England or of the governor and company of the Bank of Ireland, or of any such other body corporate, company, or person as aforesaid, or to be a part of a bank note, promissory note, bank bill of exchange, or bank post bill of the governor and company of the Bank of England or of the governor and company of the Bank of Ireland, or of any such other body corporate, company, or person as aforesaid, or any name, word, or character resembling or apparently intended to resemble any subscription to any bill of exchange or promissory note issued by the governor and company of the Bank of England or the governor and company of the Bank of Ireland, or by any such other body corporate, company, or person as aforesaid, or shall use any such plate, wood, stone, or other material, or any other instrument or device, for the making or printing any bank note, bank bill of exchange, or bank post bill, or blank bank note, blank bank bill of exchange, or blank bank post bill, or part of a bank note, bank bill of exchange, or bank post bill, or knowingly have in his custody or possession any such plate, wood, stone, or other material, or any such instrument or device, or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any blank bank note, blank bank bill of exchange, or blank bank post bill of the governor and company of the Bank of England or of the governor and company of the Bank of Ireland, or of any such other body corporate, company, or person as aforesaid, or part of a bank note, bank bill of exchange, or bank post bill, or any name, word, or character resembling or apparently intended to resemble any such subscription, shall be made or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note.-This clause is framed from the 1 Will. 4, c. 66, ss. 15, 18. There were similar clauses in the 38 Geo. 3, c. 53, s. 4 (I.); 39 Geo. 3, c. 63, s. 4 (I.); 41 Geo. 3, c. 57, ss. 2, 3; and 1 Geo. 4, c. 92, s. 1. As to hard labour, &c., see ante, p. 5.. &c., any part of a 17. Whosoever, without lawful authority or excuse Engraving (the proof whereof shall lie on the party accused), on a plate, shall engrave or in anywise make upon any plate word, numwhatsoever, or upon any wood, stone, or other mate- ber, or derial, any word, number, figure, device, character, or vice, reornament the impression taken from which shall sembling resemble or apparently be intended to resemble any bank note part of a bank note, bank bill of exchange, or bank or bill, or post bill of the governor and company of the Bank using or having any of England or of the governor and company of the such plate, Bank of Ireland, or of any other body corporate, &c., or company, or person carrying on the business of bankers, uttering or or shall use, or knowingly have in his custody_or paper on possession, any such plate, wood, stone, or other which any material, or any other instrument or device for the such word, &c., is imimpressing or making upon any paper or other mate- pressed. rial any word, number, figure, character or ornament which shall resemble or apparently be intended to having any |
