thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. Sect. 25, as to malice against the owner, (vide sup. 191,) applies. Also sect. 26, as to accessaries, and 27, as to the mode and place of imprisonment, (vide sup. 191, 192,) when the offence amounts to felony. 66 66 66 By sect. 22 of the same act, "if any person shall unlaw fully and maliciously destroy, or damage with intent to "destroy, any cultivated root or plant used for the food of "man or beast, or for medicine, or for distilling, or for dying, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a "garden, orchard or nursery-ground," every such offender, being convicted thereof before a justice of the peace, shall either be committed to the common gaol or house of correction and imprisoned, with or without hard labour, not exceeding one calendar month, or shall forfeit, besides the value of the injury done, a sum not exceeding 20s.; and on a second conviction, shall be imprisoned and kept to hard labour for not exceeding six months, and (upon conviction before two justices) may be further ordered to be whipped. 66 66 Sect. 25 (sup. 191) applies. 56. Destroying Fences, Walks, Stiles or Gates. By 7 & 8 Geo. IV. c. 30, s. 23, "if any person shall unlawfully and maliciously cut, break, throw down, or in any wise destroy any fence of any description whatever, "or any wall, stile or gate, or any part thereof respectively," every such offender, being convicted before a justice of the peace, shall, for the first offence, forfeit, besides the value. of the injury done, a sum not exceeding £5; and, on a second conviction, be committed to the common gaol or house of correction, and kept to hard labour for not exceeding twelve calendar months, and (upon conviction before two justices) may be further ordered to be whipped. Sect. 25 (sup. 191) applies. 66 66 57. Malicious Damage in general. By 7 & 8 Geo. IV. c. 30, s. 24, "if any person shall wilfully or maliciously commit any damage, injury or spoil to or upon any real or personal property whatever, "either of a public or private nature, for which no remedy "or punishment is herein-before provided," every such person, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money as shall appear to the justice to be a reasonable compensation for the damage, injury or spoil so committed, not exceeding the sum of £5, which sum of money shall, in the case of private property, be paid to the party aggrieved, except where such party shall have been examined in proof of the offence, and in such case, or in the case of property of a public nature or wherein any public right is concerned, the money shall be applied in such manner as every penalty imposed by a justice of the peace under this act is hereinafter directed to be applied, &c. Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing or in the pursuit of game, but that every such trespass shall be punishable in the same manner as before the passing of this act. Sect. 25, as to malice against the owner, (vide sup. 191,) applies. 58. Forgery. This offence has been defined as the false making of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud any person or persons.-2 East, P. C. 991. At common law it was a misdemeanor only, punishable with fine and imprisonment.-4 Bl. C. 247. But it is the subject of various statutable regulations, by which it is made more penal, and amounts in various cases to felony. Though the name forged be merely fictitious, it is not the less forgery, if done for the purpose of fraud in the particular case.-Russ. & Ry. 260; 2 East, P. C. 966; 2 Russ. 335. But if a man draw a bill in a fictitious name by which he has been long known, it will not be a forgery.-Arch. 283. If, however, a bill payable to J. S. or order, get into the hands of another person of the same name and he indorse it, it will be a forgery.-4 T. R. 28. If several combine to forge an instrument, and each executes by himself a distinct part, and they are not together when the instrument is completed, they are all nevertheless guilty as principals.-Russ. & Ry. 446. The instrument forged must so resemble the true instrument which is purports to be, as to be capable of deceiving persons using ordinary observation.-Russ. & Ry. 212, 229; 2 East, P. C. 858, 950. Where a forged instrument is on unstamped paper, the law requiring a stamp on instruments of the like description, no defence arises on this ground."-2 East, P. C. 955; 2 T. R. 606. A man may be convicted of forging a will, though it appear in evidence that the pretended testator was then alive.-2 East, P. C. 1001. But where a forged note is on the face of it incomplete for want of signature, there can be no conviction, for in that state it does not purport to be a promissory note.- Russ. & Ry. 455. Any material alteration, however slight, is a forgery as well as an entire fabrication.-2 East, P. C. 855. By 9 Geo. IV. c. 32, s. 2, the party himself, whose name is forged, may be a witness to prove the forgery. By 11 Geo. IV. and 1 Will. IV. c. 66, s. 30, in cases of forgery or uttering within that act, if any person shall in England forge, &c. in whatever place out of England the writing, &c. may purport to be made, or in whatever language expressed, the offence shall be punishable as if the writing, &c. had purported to be made in England; and if any person shall in England forge, &c. any bill of exchange or promissory note, or indorsement or assignment thereof, or acceptance of any bill of exchange, or any undertaking, warrant or order for the payment of money, deed, bond or writing obligatory for the payment of money, in whatever place out of England the money payable thereby may purport to be payable, and in whatever language the same may be expressed, and whether the same be or be not under seal, the offence shall be punishable as if the money had been payable or purported to be payable in England. The following are specific cases of forgery provided for by act of parliament: Forging the Seals, &c. By 11 Geo. IV. and 1 Will. IV. c. 66, s. 2, forging the great seal of the United Kingdom, his majesty's privy seal, any privy signet of his majesty, his majesty's sign manual, the seals of Scotland, the great seal and privy seal of Ireland, is high treason, and punishable with death. But as to the punishment of death in this and other cases of forgery, see the repealing act, 2 & 3 Will. IV. c. 123, post, 215. Forging Exchequer Bills, Bank Notes, &c. By same act, sect. 3, forging or uttering, knowing the same to be forged, an exchequer bill or exchequer debenture, or any indorsement or assignment of an exchequer bill or exchequer debenture, or an East India bond or indorsement or assignment thereof, or Bank of England note, or bank bill of exchange, or bank post bill, or any indorsement or assignment of a bank note, bank bill or bank post bill, or any will, testament, codicil or testamentary writing, or bill of exchange, or promissory note for payment of money, or any indorsement or assignment of such bill or note, or any acceptance of the same, or any payment of money, is (But as to the punish undertaking, warrant or order for felony, and punishable with death. By sect. 25, accessaries before the fact are punishable as principals, and every accessary after the fact by imprisonment not exceeding two years; and by sect. 26, where imprisonment may be awarded under this act, the offender may be sentenced to imprisonment, with or without hard labour, in the common gaol or house of correction, and also to solitary confinement, at discretion of the court, for the whole or any portion or portions of such imprisonment. Making False Entries in Bank Books, &c. By same act, sect. 5, making any false entry or alteration in the books of the Bank of England or South Sea Company, or transferring Bank of England or South Sea stock in the name of a person not the true owner, is felony, and punishable with death. (But as to punishment of death, see the repealing act, post, 215.) The provisions of sect. 25, as to accessaries, and sect. 26, as to the mode and place of imprisonment, supra, apply. Forging Transfers at Bank, &c. By same act, sect. 6, forging or uttering a forged transfer of any Bank of England or South Sea stock, or of the capital stock of any body corporate or society established by charter or act of parliament, or forging or uttering a forged power of attorney or authority to transfer such stock or to receive a dividend, or endeavouring to have a transfer or receive a dividend by virtue of such power, or falsely personating the owner, and thereby transferring his share or receiving money due to him, is felony, punishable with death. (But as to punishment of death, see the repealing act, post, 215.) The provisions of sect. 25, as to accessaries, and sect. 26, as to the mode and place of imprisonment, supra, apply. |