tices; why excepted, he knew not, but, having been expressly so ad- 2. Forgery by judged, he was resolved not to interfere with the decision. But though, according to the case cited supra, justices have no jurisdiction over the offence at common law, nor can they take cognizance of it as a cheat, yet, according to Mr. Barlow, it seems to be admitted that a justice of the peace may take an information of forgery, bind over the informers, examine the offender, certify his examination to the proper judges, and commit him to prison in order to abide his trial. (Barl. 244). II. Of Forgery by Statute. statute. THE statute law has added nothing, so far as written instruments are Preliminary concerned, to the list of offences already cognizable under the common observations. law; but it distinguishes those which it has singled out, by different qualities, by different degrees of guilt, by different means of preventing their perpetration, and by modes of executive justice. The first enactment against the crime of forgery, which was passed in the fifth year of the reign of Elizabeth, and which extended only to certain documents connected with real property, did not make it capital. It was not till the reign of William the Third, that, on the establishment of the bank of England, when the members of that corporation demanded a new and more secure protection for that species of property in which they were principally to deal, the legislature deemed it expedient to attach the punishment of death to the forging of bank securities. Since that period, no crime has been so fertile in statutes as this: and no crime, we believe, was ever visited with such severe enactments. Statute followed statute in quick succession, to the number of one hundred and twenty (or thereabouts), sixty-one of which imposed the penalty of death. In the enactment of these numerous provisions, it does not seem to have been a matter worth much consideration, whether the forgery were that of thousands, or of the receipt of a petty bill, which might have been prevented by ordinary caution. Such a course, repugnant as it was to humanity, was soon felt, however, to be equally repugnant to the interests of justice. Experience did not prove that a system of such extreme rigour was attended with the most salutary effects. The severity of the law defeated its own objects. When a punishment disproportionate to the crime engages, (and it seldom fails to engage), for the offender, the sympathies of society-their justice and good feeling combine to save him from its infliction. And thus it was in the present matter-men were better contented quietly to endure the loss of property, than to prosecute to the death for what they considered an inadequate cause. When, for offences comparatively trifling, prosecutions were brought, few witnesses were found who would not prevaricatefew juries who would not commit what Sir Wm. Blackstone has well termed a "pious perjury," rather than convict the offender. In short, that which is the end of all punishment-public utility-suffered in too many instances from this state of the law. The aphorism of Bacon is true Express statute cannot regularly be voided by disuse; it falls out that through a disestimation of obsolete laws, the authority of the rest is somewhat embased, and Mezentius' torment ensues, that laws alive are killed with the embracements of laws dead." It became absolutely necessary for the prevention of crime, for the due administration of justice, for the maintenance of that respect still due to some of the laws, that this indiscriminate severity of punishment should be diminished. At the commencement of the late reign, the statute 11 Geo. IV. & 11 Geo. 4 & 1 Will. 1 Will. IV. c. 66, intitled “An act for reducing into one act all such forgeries 4, c. 66. as shall from henceforth be punishable with death, and for otherwise amend ing the laws relative to forgery," was passed, and this repealed all the prior statutes on the subject. 1. Statutes repealed and general provisions. Repealed 25 Edw. 3, stat. 5, c. 2. This act was followed by the 2 & 3 Will. V. c. 123, and by the 7 Will. IV. & 1 Vict. c. 84, and by these acts, amongst other improvement of the law, forgery is now in no case punishable with death. We purpose to divide the subject into the following heads, and to show I. The Statutes repealed by the 11 Geo. IV. & 1 Will. IV. c. 66, and the general Provisions of that and subsequent Statutes, p. 112 to 120. As to the Punishment for Forgery in general, p. 115. Form of the Indictment, p. 118. Venue, p. 118. Offences at Sea, p. 118. The Forgery, &c., of Instruments out of England, &c., p. 118. Criminal Possession and Intent-Explanation of Terms used, Competency of Witnesses, p. 120. Not Triable at Sessions, p. 120. II. What amounts to a Forgery, and Evidence and Indictment for in general, p. 120. III. Forgery of Great Seal, Sign Manual, &c., p. 127. IV. Of Bank Notes, Wills, Bills, &c., p. 128. V. Of Entries of Stock in Public Funds, &c., p. 131. VI. Of Transfer of Stock, Powers of Attorney, &c., p. 132. VII. Of Attestation to Power of Attorney, p. 133. VIII. Bank Officers, &c. making out Warrants for more than due, p. 133. IX. Of Bonds, Deeds, Receipts, Orders, &c., p. 133. X. Purchasing or Receiving Forged Bank Notes, &c., p. 136. XI. Making False Entries in Registers of Baptism, &c., p. 139. XII. Forgery in other Cases, p. 139. I. The Statutes Repealed by the 11 Geo. IV. & 1 Will. IV. c. 66, The 1 Will. IV. c. 66, s. 31, repeals "so much of a statute made in the twenty-fifth year of the reign of King Edward the Third, as relates to counterfeiting the King's great or privy seal, and so much of an act 1 Mar. stat. 2, c. 6. passed in the first year of the reign of Queen Mary, intituled “An Act 5 Eliz. c. 14. that the counterfeiting of strange coins being current within this realm, the Queen's Highness' sign manual, signet, or privy seal, be adjudged treason," as relates to forging or counterfeiting the Queen's sign manual, privy signet, or privy seal; and an act passed in the fifth year of the reign of Queen Elizabeth, intituled "An act against forgers of false deeds and writings;" and an act passed in the twenty-first year of the reign of King James the First, 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 or persons not being privy and consenting thereto;" and so much of an act passed in the fourth year of the reign of King William and Queen Mary, intituled "An act for taking special bails in the country upon actions and suits depending in the courts of Kings Bench, Common Pleas, and Exchequer at Westminster," as relates to any offence thereby made felony; and so much of an act passed in the eighth and ninth years of the reign of King William the Third, intituled "An act for making good the deficiencies of several funds therein mentioned, and for enlarging the capital stock of the Bank of England, and for raising the public credit," as relates to forging or counterfeiting the common seal of the governor and company of the Bank of England, or any sealed bank bill, or any bank note, or altering or raising any indorsement on any bank bill or note; and so 7 Ann. c. 21, s. 9. much of an act passed in the seventh year of the reign of Queen Anne, intituled "An act for improving the union of the two kingdoms," as relates to counterfeiting her Majesty's seals, appointed by the twentyfourth article of the union to be kept, used, and continued in Scotland; and so much of an act passed in the eighth year of the reign of King 8 Geo. 1, c. 22, s. 1. George the First, intituled "An act to prevent the mischiefs by forging powers to transfer such stocks or to receive such annuities or dividends as are therein mentioned, or by fraudulently personating the true owners thereof; and to rectify mistakes of the late managers for taking subscriptions for increasing the capital stock of the South Sea Company, and in the instrument founded thereupon," as relates to any forgery or other capital felony therein mentioned; and so much of an act passed 12 Geo. 1, c. 32, s. 9. in the twelfth year of the same reign, intituled "An act for better securing the monies and effects of the suitors of the Court of Chancery, and to prevent the counterfeiting of East India bonds and indorsements thereon, as likewise indorsements on South Sea bonds," as relates to any person who shall forge or counterfeit, or procure to be forged or counterfeited, or wilfully act or assist in forging or counterfeiting, any bond or obligation of the East India Company, or any indorsement or assignment thereon, or on any bond or obligation of the South Sea Company, or shall utter or publish the same knowing the same to be forged or counterfeited; and the whole of an act passed in the second year of the 2 reign of King George the Second, intituled "An act for the more effectual preventing and further punishment of forgery, perjury, and subornation of perjury, and to make it felony to steal bonds, notes, or other securities for payment of money," except so far as relates to perjury and subornation of perjury; and an act passed in the seventh year of the 7 Geo. 2, c. 22. same reign, intituled "An act for the more effectual preventing the forging the acceptance of bills of exchange, or the numbers or principal sums of accountable receipts for notes, bills, or other securities for payment of money, or warrants or orders for payment of money or delivery Geo. 2, c. 25, except s. 2. of goods;" and so much of an act passed in the fifteenth year of the same 15 Geo. 2, c. 13, reign, intituled "An act for establishing an agreement with the governor s. 11. and company of the Bank of England for advancing the sum of 1,600,0007. towards the supply for the service of the year 1742," as relates to any ! person who shall forge, counterfeit, or alter any bank note or other matter specified in the said act, or shall knowingly offer, dispose of, or put away such forged, counterfeit, or altered note or other matter, or knowingly demand the money therein contained or pretended to be due thereon, or any part thereof, as in the said act is mentioned; and so 31 Geo. 2, c. 22, much of an act passed in the thirty-first year of the same reign, intituled ss. 77 & 78. "An act for granting to his Majesty several rates and duties upon offices and pensions, and upon houses, and upon windows or lights: and for raising the sum of 5,000,000l. by annuities and a lottery, to be charged en the said rates and duties," as relates to any forgery or other capital VOL. III. I 1. Statutes repealed and general provisions. 4 Geo. 3, c. 25, s. 15. 13 Geo. 3, c. 79. 18 Geo. 3, c. 18. felony therein mentioned; and so much of an act passed in the fourth year of the reign of King George the Third, intituled "An act for establishing an agreement with the governor and company of the Bank of England for raising certain sums of money towards the supply for the service of the year 1764; and for more effectually preventing the forging powers to transfer such stock or receive such dividends or annuities as are therein mentioned, and the fraudulently personating the owners thereof," as relates to any forgery or other capital felony therein mentioned; and an act passed in the thirteenth year of the same reign, intituled "An act for the more effectually preventing the forging of the notes or bills of the governor and company of the Bank of England, and for the preventing the obtaining a false credit by the imitation of the notes or bills of the said governor and company;" and an act passed in the eighteenth year of the same reign, intituled "An act to explain an act passed in the seventh year of the reign of his late Majesty King George the Second, intituled An act for the more effectual preventing the forging the acceptance of bills of exchange, or the numbers or principal sums of accountable receipts for notes, bills, or other securities for payment of money, or warrants or orders for payment of money or delivery of goods;"" and so much of an act passed in the twenty-seventh year of the reign of King George the Third, intituled "An act for tak ing and swearing affidavits to be made use of in the court of session of the county palatine of Chester, and of taking special bail in actions and suits depending in the same court," as relates to any offence thereby made felony; and an act passed in the thirty-third year of the reign of King George the Third, intituled "An act for the better preventing forgeries and frauds in the transfers of the several funds transferable at the Bank of England;" and an act passed in the thirty-seventh year of the same reign, intituled "An act for the better preventing the forging or counterfeiting the names of witnesses to letters of attorney or other authorities, or instruments for the transfer of stocks or funds which now are, or by any act or acts of Parliament shall hereafter be made transferable at the Bank of England, or for the transfer of any part of the capital stock of the governor and company of the Bank of England, called bank stock, or for the transfer of any part of the capital stock, or any stocks or funds under the management of the South Sea Company, or for the transfer of any part of the capital stock of the East India Company, or for the receipt of dividends upon any of such stocks or 41 Geo. 3, (U. K.) funds;" and an act passed in the forty-first year of the same reign, in 27 Geo. 3, c. 43, 8. 4. 33 Geo. 3, c. 30. 37 Geo. 3, c. 122. c. 39. 41 Geo. 3, c. 57. 43 Geo. 3, c. 139, ss. 1 & 2. 45 Geo. 3, c. 89. tituled "An act for the more effectually preventing the forgery of bank notes, bank bills of exchange, and bank post bills;" and an act passed in the same year, intituled "An act for the better prevention of the forgery of the notes and bills of exchange of persons carrying on the business of bankers;" and so much of an act passed in the forty-third year of the same reign, intituled "An act for preventing the forging and counterfeiting of foreign bills of exchange, and of foreign promissory notes and orders for the payment of money; and for preventing the counterfeiting of foreign copper money," as in anywise relates to any foreign bill of exchange, or foreign promissory note, undertaking, or order for the payment of money; and an act passed in the forty-fifth year of the same reign, intituled "An act to alter and extend the provisions of the laws now in force for the punishment of the forgery of bank notes, bills of exchange, and other securities, to every part of 48 Geo. 3, c. 1, s. 9. Great Britain;" and so much of an act passed in the forty-eighth year of the same reign, intituled "An act for regulating the issuing and pay ing off of exchequer bills," as relates to any forgery or other capital felony therein mentioned; and an act passed in the fifty-second year of the same reign, intituled "An act for the further prevention of the counterfeiting of silver tokens issued by the governor and company of the Bank of England, called dollars, and of silver pieces issued and circulated by the said governor and company, called tokens; and for the 52 Geo. 3, c. 138. 1. Statutes repealed and general provisions. 53 Geo. 3, c. 146, further prevention of frauds practised by the imitation of the notes or 14. Geo. 4, c. 76, s. 29. IV. c. 66, s. 1, after reciting, "Whereas several offences relating to in general. Punishment for in general.]-The statute 11 Geo. IV. & 1 Will. Punishment of forged writings, and to other forged and counterfeit matters, and to false personation, false oaths, false entries, and other false matters, are it is expedient that none of those offences shall hereafter be punishable now by virtue of several statutes punishable with death: and whereas this act; and also that the statutes concerning such of those offences, with death, unless the same shall be made punishable with death by whether punishable with death or otherwise, as may more frequently or seriously affect the interests of his Majesty or his subjects, should be amended, and consolidated into this act:" enacts, falsely personating another, party to be such real party, part of any book, account, "that where, by any No forgeries, or or falsely acknowledging any thing in the or wilfully making a false entry in any or document, or wilfully making a transfer offences, to con made so by the acts now in force, any person falsely making, forging, counterfeiting, other kindred erasing, or altering any matter whatsoever, or uttering, publishing, tinue capital offering, disposing of, putting away, or making use of any matter what- unless expressly have any thing, or to do or cause to be done any act, upon or by virtue sed, or altered, or any person demanding or endeavouring to receive or 1 Will, 4, c. 66. of any matter whatsoever, knowing such matter to be falsely made, forged, counterfeited, erased, or altered, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon; or where by any acts now in force any person name of another, or falsely representing any other person than the real book, account, or document, or in any manner wilfully falsifying any owner thereof, or knowingly taking a false oath, or knowingly making of any stock, annuity, or fund, in the name of any person not being the money or other thing by virtue of any probate or letters of adminisfalse affidavit or false affirmation, or demanding or receiving any tration, knowing the will on which such probate shall have been obtained to have been false or forged, or knowing such probate or letters false affirmation, would, according to the provisions contained in any of of administration to have been obtained by means of any false oath or or where by any acts now in force any person making or using, or knowingly having in his custody or possession, any frame, mould, or substance thereof, or any person making such paper, or causing certain instrument for the making of paper, with certain words visible in the words to appear visible in the substance of any paper, would, according and liable to suffer death as a felon; then, and in each of the several to the provisions contained in any of the said acts, be guilty of felony, |