Which is the

false making or altering of a

alteration of a writing to the prejudice of another man's right" (f). To forge or make or knowingly to publish or give

(ƒ) The act 11 Geo. 4, & 1 Wm. 4, c. 66, for reducing into one act all such forgeries as should be thenceforth punished with death, and for otherwise amending the laws relating to forgery, repealed so much of 25 Edw. 3, st. 5, c. 2, as relates to counterfeiting the king's great or privy seal. And so much of 1 M. st. 2, c. 6, as relates to forging or counterfeiting the queen's sign manual, privy signet, or privy seal; and an act, 5 Eliz. c. 14, intituled, "An act against forgers or false deeds and writings." And an act 21 Jac. 1, c. 26, intituled, "An act against such as shall levy any fine, suffer any recovery, acknowledge any statute, recognizance, bail, or judgment, in the name of any other person not being privy, and consenting thereto;" and so much of 4 Wm. & M. c. 4, s. 4, as relates to any offence thereby made felony. And so much of 8 & 9 Wm. 3, c. 20. s. 36, and of certain former acts therein specified, as relates to forgery, and so much of 4 Geo. 4, c. 76, s. 29, as relates to any person who shall knowingly and wilfully insert in the register book, any false entry of any matter relating to any marriage, or shall falsely make, alter, forge, or counterfeit any such entry in the register, or any license of marriage, or shall utter or publish, as true, any false, altered, forged, or counterfeited register of marriage, or a copy thereof, or any false, altered, forged, or counterfeited license of marriage, knowing such to be false, or shall wilfully destroy any such register book, or procure or assist in the commission of such offences. By sec. 1, it is enacted, that if any person shall be convicted of any of the felonies mentioned in either of the said acts, and such offence shall thereby be made punishable with death, such person shall not suffer death unless the same be made punishable with death by this act, but shall be liable to be transported for life, or imprisoned for not exceeding four, nor less than two years. But nothing in this act is to affect or alter any acts relating to the coin. By s. 2, forging the great seal, privy seal, privy signet, royal sign manual, &c., is treason and capital. By s. 3, Forging an exchequer bill, exchequer debenture, East India bond, will, bill of exchange, promissory note or warrant, or order for payment of money is capital. By s. 4, if any instrument, however designated, is in law a bill of exchange, &c., the forger of such instrument may be indicted under this act. By s. 5, making false entries in the books in which the accounts of public stock are kept, or transfer of public stock, in any other name than the true owners is capital. By s. 6, forging a tranfer of any public stock, or of certain other stock, or power of attorney to transfer the same, or to receive dividends thereon, or transfer of stock or receipt of dividends by false personation, capital. By s. 7, personating the owner of any public stock or certain other stock, and endeavouring to transfer or to receive the dividends; transportation for life or seven years, or imprisonment not exceeding four, nor less than two years. By s. 8, forging the attestation to any power of attorney for transfer of stock, &c., transportation for seven years, or imprisonment for not exceeding two, nor less than one year. By s. 9, clerks of the bank wilfully making out dividend warrants for a greater or less sum than what is really due, transportation for seven years, or imprisonment for not exceeding two, nor less than one year. By s. 10, forging a deed, bond, receipt for money or goods, or an accountable receipt, or an order for delivery of goods; transportation for life, or for not less than seven years, or imprisonment for not exceeding four, nor less than two years. By s. 11, fraudulently acknowledging any recognizance, bail, fine, recovery, or judgment, in the name of another; transportation for life, or for not less than seven years, or imprisonment for not exceeding four, nor less than two years. By s. 12, knowingly purchasing or receiving, or having in possession forged bank notes; transportation for fourteen years. By s. 13, making or having, without authority, any moulds for making

in evidence any forged deed, court roll, or will, with intent to written instruaffect the right of real property, either freehold or copyhold, tent to defraud.

ment with in

paper with the words "Bank of England," visible in the substance, or for making paper with curved bar lines, &c., or selling such paper; transportation for fourteen years. By s. 14, nothing shall prevent any person from issuing any bill of exchange or promissory note, having the amount expressed in guineas, or in a numerical figure or figures denoting the amount thereof in pounds sterling, appearing visible in the substance of the paper upon which the same shall be written or printed, or from making, using, or selling any paper, having waved 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, if 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 Bank of England. By s. 15, engraving on any plate, &c., any bank note, blank bank note, &c., or using or having such plate, &c., or uttering or having paper upon which a blank bank note, &c. shall be printed, without authority; transportation for fourteen years. By s. 16, engraving on any plate, &c. any word, number, or ornament resembling any part of a bank note, &c., or using or having any such plate, &c., or uttering or having any paper on which there shall be an impression of any word, number, &c., transportation for fourteen years. By s. 17, making or having in possession any mould for manufacturing paper with the name of any bankers appearing in the substance, manufacturing or having such paper, or causing the same to appear in the substance of any paper; transportation for fourteen years, and not less than seven years, or imprisonment for not exceeding three, nor less than one year. By s. 18, engraving on any plate, &c. any bill of exchange, or promissory note, of any bankers, or any words resembling the subscription subjoined thereto, or using any such plate, or uttering or having any paper upon which any part of any such bill or note shall be printed; transportation for fourteen years, or not less than seven years, or imprisonment for not exceeding three nor less than one year. By s. 19, engraving plates, &c. for foreign bills or notes, using or having such plates, or uttering any paper on which any part of such foreign bill or note may be printed; transportation for fourteen years, nor less than seven years, or imprisonment for any term not exceeding three years, nor less than one year. By s. 20, inserting any false entry in any register of baptisms, marriages, or burials, forging or altering any such entry, destroying, &c., the register, forging any license of marriage; transportation for life, or for not less than seven years, or imprisonment for not exceeding four, nor less than two years. By s. 21, the rector, vicar, curate, or officiating minister, is not liable to any penalty for correcting in the mode prescribed accidental errors in the register. By s. 22, inserting in any copy of a register of baptisms, marriages, or burials transmitted to the registrar any false entry, or forging or verifying any copy knowing it to be false; transportation for seven years, or imprisonment for not exceeding two, nor less than one year. By s. 23, the punishments of 5 Eliz. c. 14, so far as they have been adopted by other acts, are abolished, and in lieu thereof, transportation for fourteen, or not less than seven years, or imprisonment for not exceeding three, nor less than one year. By s. 24, all forgerers and utterers may be tried in the county where they are apprehended, or are in custody. By s. 25, principals in the second degree, and accessaries after the fact, are liable to imprisonment for not exceeding two years. By s. 26, the court may order hard labour or solitary confinement for offences against this act. By s. 27, offences committed at sea within the jurisdiction of the admiralty are to be dealt with, tried, and determined as other offences within that jurisdiction. By s. 28, the rule of interpretation as to

Forging or uttering bank

bills, notes, &c.

is felony (g). Any forgery relative to a term of years, or annuity bond, obligation, acquittance, release, or discharge of any debt, or demand of any personal chattels, is punishable with transportation or imprisonment (h).

The forging, altering, or uttering, as true, when forged, of any bank bills, or notes, or other securities; of bills of credit issued from the exchequer; of South Sea bonds, &c.; of army or navy debentures; of East India bonds; or of the accountant-general, and certain other officers of the court of chancery; of a letter of attorney, or other power, to receive or transfer annuities, stock, or dividends, is felony, punishable

criminal possession, and as to parties intended to be defrauded, is defined. By s. 29, this act does not extend to any offence committed in Scotland or Ireland. By s. 30, the act 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. By s. 32, the act commenced 21st July, 1830.

66

By 2 & 3 Wm. 4, c. 123, an act for abolishing the punishment of death in certain cases of forgery," persons thereafter convicted of crimes punishable with death under the above abstracted act of 1 Wm. 4, c. 66, are not to suffer death, but to be transported for life, But by s. 2, this act does not extend to punishments for forging or altering wills, or powers of attorney, for transfer of stock, receipt of dividends, &c.: and by s. 3, in order to prevent justice being defeated by clerical or verbal inaccuracies, in all informations or indictments for forging, or in any manner uttering any instrument or writing, it shall not be necessary to set forth any copy or fac-simile thereof. By 3 & 4 Wm. 4, c. 51, s. 27, forging the handwriting of the receiver-general of the stamp duties, or his clerk, or of the commissioners of stamps, to any drafts, &c., of the Bank of England, was declared felony, punishable with death; and forging the name or handwriting of any receiver or comptroller of the customs, or their agents, to any draft, &c., for receiving money at the Bank of England on account of the receivergeneral, was declared felony, punishable with transportation for life.

By 5 & 6 Wm. 4, c. 45, s. 12, counterfeiting receipts for contributions towards the sum granted by parliament for compensation to the slave-owners, on the abolition of slavery, was made felony, punishable with death. By 7 Wm. 4 and 1 Vict. c. 36, s. 33, forging the handwriting of the receiver-general in England or Ireland is felony, punishable with transportation for life, or by s. 41, for not less than seven years, or with imprisonment for not exceeding four years.

By 7 Wm. 4 and 1 Vict. c. 84, s. 1, capital punishment in all cases of forgery is abolished, and in the cases in which the punishment of death was prescribed, transportation for life, or for seven years, or imprisonment for four, or not less than two years is directed, and the punishment of transportation for life where before directed, is liable, at the discretion of the court, to be commuted for imprisonment for not exceeding four, nor less than two years.

The act 7 Wm. 4 and 1 Vict. c. 90, s. 5, limits the period of solitary confinement in all cases,

(g) See now 11 Geo. 4, and 1 Wm. 4, c. 66, s. 23, ante, note (ƒ) to this chapter. (h) See now 11 Geo. 4, and 1 Wm. 4, c. 66, s. 10, note (f) to this chapter.

with transportation or imprisonment (i); as is the personating, or procuring to be personated, any seaman, or other person, entitled to wages, or other naval emoluments, or any of his personal representatives; and the taking, or procuring to be taken, any false oath, for obtaining a probate or letters of administration, in order to receive such payments; and the forging, or procuring to be forged, and the uttering or publishing, as true, of any counterfeited seaman's will or power (j); the forging or imitating of any stamps to defraud the public revenue (k); and the forging of any marriage register or license (7). Forging or counterfeiting any stamp, or mark, to denote the standard of gold and silver plate, or the stamps on paper, playing cards, or newspapers, is punished with transportation (m). By 12 Geo. 3, c. 48, certain frauds on the stamp duties therein described, principally by using the same stamps more than once, are made felony, and liable to transportation for seven years. And the same punishment is inflicted by 13 Geo. 3, c. 38, on such as counterfeit the common seal of the corporation for manufacturing plate glass. The forging, or procuring to be forged, acting or assisting therein, or uttering or publishing, as true, any forged deed, will, bond, writing obligatory, bill of exchange, promissory note, indorsement, or assignment thereof, or any acquittance or receipt for money or goods, with intent to defraud any person or corporation, is felony. And it is equally penal to forge, or cause to be forged, or utter as true, a counterfeit acceptance of a bill of exchange, or the number or principal sum of any accountable receipt for any note, bill, or any other security for money, or any warrant or order for the payment of money or delivery of goods (n). And the uttering of forged instruments, knowing them to be forged, is equally penal with forgery itself.

(i) See now 11 Geo. 4, and 1 Wm. 4, c. 66, and 2 & 3 Wm. 4, c. 123, note (ƒ) to this chapter.

(j) See now 57 Geo. 3. c. 127; 59 Geo. 3, c. 56; 5 Geo. 4, c. 107; 7 Geo. 4, c. 16; and 2 Wm. 4, c. 53.

(k) See now 52 Geo. 3, c. 143; 55 Geo. 3, c. 184, s. 7, and 55 Geo. 3, c. 185.

(1) See now 11 Geo. 4, & 1 Wm. 4, c. 66, s. 20, ante, note (ƒ) p. 563.

(m) See 52 Geo. 3, c. 143; 55 Geo. 3, c. 184; and 55 Geo. 3, c. 185.

(n) See 11 Geo. 4, and 1 Wm. 4, c. 66, and 2 & 3 Wm. 4, c. 123, note (ƒ) to this chapter.

CHAPTER XVIII.

Of the means

offences.

OF THE MEANS OF PREVENTING OFFENCES.

It is an honour, and almost a singular one, to our English of preventing laws, that they furnish a title of this sort, since preventive justice is, upon every principle of reason, of humanity, and of sound policy, preferable in all respects to punishing justice. Preventive justice consists in obliging those persons whom there is a probable ground to suspect of future misbehaviour, to stipulate with, and to give full assurance to the public, that such offence as is apprehended shall not happen, by finding pledges or securities for keeping the peace, or for their good behaviour.

Recognizances to keep the peace.

for life.

This security is afforded by being bound with one or more sureties, in a recognizance, or obligation, to the queen, entered on record, and taken in some court, or by some judicial officer, whereby the parties acknowledge themselves to be indebted to the crown in the sum required, for instance 100%., with condition to be void if the party shall appear in court on such a day, and in the meantime shall keep the peace, either generally towards the queen, and all her liege people, or particularly May be for a also with regard to the person who craves the security. Or if time limited or it be for the good behaviour, then on condition that he shall demean and behave himself well, or be of good behaviour, either generally or specially, for the time therein limited, as for one or more years, or for life. This recognizance, if taken by a justice of the peace, must be certified to the next sessions, pursuant to 3 Hen. 7, c. 1, and if the condition of such recognizance be broken by any breach of the peace in the one case, or any misbehaviour in the other, the recognizance becomes forfeited, or absolute, and being estreated or extracted (taken out from among the records) and sent up to the exchequer, the "party and his sureties having now become the queen's absolute debtors, are sued for the several sums in which they are respectively bound (a).

(a) By 3 Geo. 4, c. 46, s. 3, the justice, before whom any recognizance shall be entered into, is to give to the parties bound a printed paper in the form stated in schedule (B), and such recognizance must state the names and descriptions of the parties bound as specified in the act.

By 7 Geo. 4, c. 64, in every case where any person bound by recognizance for his