The words "authority, or request for the payment of money," are introduced to get rid of the question so commonly arising in cases of this kind, whether the forged instrument were either a warrant or order for the payment of money. Requests for the payment of money were not within these words. Reg. v. Thorn, 1 C. & Marsh, 206; 2 M. C. C. 210. It would be a waste of space, and of no practical use, to refer to the cases that have occurred on these points; for whenever there is any doubt as to the legal character of the instrument, different counts should be inserted describing it in each by one only of the terms warrant, order, authority or request. A forged indorsement on a warrant or order for the payment of money was not within the former enactments. Rex v. Arscott, 6 C. & P. 408. But this clause includes that and other forged indorsements. The words "for procuring or giving credit," were taken from the 39 Geo. 3, c. 63, s. 1 (I.). As to hard labour, &c., see ante, p. 5. accepting any such 24. Whosoever, with intent to defraud, shall draw, Any person make, sign, accept, or indorse any bill of exchange or making or promissory note, or any undertaking, warrant, order, any bill, authority, or request, for the payment of money, or note, &c., for the delivery or transfer of goods or chattels, or of tion, withany bill, note or other security for money, by procu- out lawful ration or otherwise, for, in the name, or on the account authority, of any other person, without lawful authority or ex- or uttering cuse, or shall offer, utter, dispose of, or put off any bill, note, such bill, note, undertaking, warrant, order, authority &c., so or request so drawn, made, signed, accepted, or indorsed made or accepted, by procuration or otherwise without lawful authority with intent or excuse as aforesaid, knowing the same to have been to defraud, so drawn, made, signed, accepted, or indorsed as afore- of felony. to be guilty said, 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, Obliterating crossings on cheques, Forging debentures. with or without hard labour, and with or without solitary confinement. Note. This clause is new, and was framed in order to make persons punishable who, without authority, make, accept, or indorse bills or notes "per procuration," which was not forgery under the former enactments. Maddock's case, 2 Russ. C. & M. 499; Reg. v. White, 1 Den. C. C. R. 208; 2 C. & K. 404. As to hard labour, &c., see ante, p. 5. 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 abbreviation 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 servitude for life or for any term 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 taken from the 21 & 22 Vict. c. 79, s. 3, and is so framed as to meet the case of a draft either issued with a crossing on it, or crossed after it was issued. As to hard labour, &c., see ante, p. 5. 26. Whosoever shall fraudulently forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any debenture issued under any lawful authority whatsoever, either within Her Majesty's dominions or elsewhere, 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 new in England. It is framed from the 37 Geo. 3, c. 54, s. 11 (I.), which related to debentures of the Bank of Ireland, and extends to any debenture issued under any lawful authority whatsoever, whether within the Queen's dominions or without. The words of this clause originally were "forge or alter;" but as the clause contained no intent to defraud, the Select Committee of the Commons thought "fraudulently" should be prefixed to "alter;" by some mistake in the reprint it is prefixed to "forge;" in the next line it is inserted in its proper place, and so also in ss. 27, 28, 29, 31. As to hard labour, &c., see ante, p. 5. As to forging records, process, instruments of of Courts of 27. Whosoever shall forge or fraudulently alter, or Forging shall offer, utter, dispose of, or put off, knowing the proceedings same to be forged or fraudulently altered, any record, Record or writ, return, panel, process, rule, order, warrant, inter- Courts of rogatory, deposition, affidavit, affirmation, recogni- Equity. sance, cognovit actionem, or warrant of attorney, or any original document whatsoever of or belonging to any Court of Record, or any bill, petition, process, notice, rule, answer, pleading, interrogatory, deposition, affidavit, affirmation, report, order or decree, or any original document whatsoever of or belonging to any Court of Equity or Court of Admiralty in England or Ireland, or any document or writing, or any copy of any document or writing, used or intended to be used as evidence in any court in this section mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be Forging copies or certificates of records, process of cess. kept in penal servitude for any term not exceeding seven 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 new. It provides for the forging and altering of any proceedings in any Court of Record, in any Court of Equity, and in any Court of Admiralty, and also of any document, &c., used, or intended to be used, as evidence in any of these courts. As to "fraudulently," before "alter," see the last note. As to hard labour, &c., see ante, p. 5. 28. Whosoever, being the clerk of any court, or other officer having the custody of the records of any court, or being the deputy of any such clerk or officer, shall utter any false copy or certificate of any record, courts not knowing the same to be false; and whosoever, other of record, than such clerk, officer, or deputy, shall sign or certify and using forged pro- any copy or certificate of any record as such clerk, officer, or deputy; and whosoever shall forge or fraudulently alter, or offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any copy or certificate of any record, or shall offer, utter, dispose of, or put off any copy or certificate of any record having thereon any false or forged name, handwriting, or signature, knowing the same to be false or forged; and whosoever shall forge the seal of any Court of Record, or shall forge or fraudulently alter any process of any court other than such courts as in the last preceding section mentioned, or shall serve or enforce any forged process of any court whatsoever, knowing the same to be forged, or shall deliver or cause to be delivered to any person any paper falsely purporting to be any such process, or a copy thereof, or to be any judgment, decree, or order of any court of Law or Equity, or a copy thereof, knowing the same to be false, or shall act or profess to act under any such false process, knowing the same to be false, 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 seven 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 new as a general provision, but is framed from the 7 & 8 Geo. 4, c. 28, s. 11, and 9 Geo. 4, c. 54, s. 21 (I.) (which relate to certificates of previous convictions of felony); 2 Will. 4, c. 34, s. 9 (which relates to copies of previous convictions in coining cases); and the 9 & 10 Vict. c. 95, s. 57 (which relates to the forgery, &c., of proceedings in the county courts). In Reg. v. Evans, 1 Dears. & B., C. C. 236, and Reg. v. Richmond, Bell, C. C. 142, Bramwell, B., differing from the other judges, thought that the words in the 9 & 10 Vict. c. 95, s. 57, "who shall act or profess to act under any false colour or pretence of the process of the court," implied an acting under genuine process by false colour or pretence; and, in order to prevent any such doubt, the words "any such false process," are substituted in this clause. It may be well to observe that the 2 Will. 4, c. 34, is the only one of the statutes mentioned in this note, which is repealed. The provisions of this clause are,-1. against any clerk, officer, or deputy, uttering any false copy or certificate of any record knowing it to be false; 2. against any person other than such clerk, &c., signing or certifying any such copy or certificate as such clerk, &c.; 3. against forging or uttering, knowing it to be forged, any such copy or certificate, or any such copy or certificate with a forged signature, knowing it to be forged; 4. against forging the seal of any Court of Record, or forging the process of i any court other than the courts mentioned in the preceding section; 5. against serving or |
