Imatges de pàgina
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The punishments of 5 Eliz. c. 14, so far as they have been

adopted by other

acts, shall be repealed, and other punishments substituted.

All forgers and utterers may be tried in the County where they are apprehended or are in custody.

As to principals in the second degree and accessaries.

of seven years, or to be imprisoned for any term not exceeding two years nor less than one year.

XXIII. And whereas by an act passed in the fifth year of the reign of Queen Elizabeth, intituled "An Act against Forgers of false Deeds and Writings," it is amongst other things provided, that every person convicted of any of the offences first enumerated in that act shall pay to the party grieved his double costs and damages, and shall forfeit to the crown the whole issues of his lands and tenements during his life, and shall also suffer imprisonment during his life: And whereas there are certain acts by which persons convicted of certain offences mentioned in those acts are subjected to the same pains and penalties as are imposed by the said act of Queen Elizabeth for the offences first enumerated in that act: and whereas the said act of Elizabeth is hereinafter repealed; and it is expedient to substitute other punishments in lieu of the punishments of that act, so far as the same have been adopted by any other acts; be it therefore enacted, that every person who shall after the commencement of this act be convicted of any offence which is now subjected, by any act or acts, to the same pains and penalties as are imposed by the said act of Queen Elizabeth for any of the offences first enumerated in that act, shall be guilty of felony, and shall, in lieu of such pains and penalties, be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years nor less than one

year.

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XXIV. And be it enacted, that if any person shall mit any offence against this act, or shall commit any offence of forging or altering any matter whatsoever, or of offering, uttering, disposing of, or putting off any matter whatsoever, knowing the same to be forged or altered, whether the offence in any such case shall be indictable at common law or by virtue of any statute or statutes made or to be made, the offence of every such offender may be dealt with, indicted, tried, and punished, and laid and charged to have been committed, in any county or place in which he shall be apprehended or be in custody, as if his offence had been actually committed in that county or place; and every accessary before or after the fact to any such offence, if the same be a felony, and every person aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor, may be dealt with, indicted, tried, and punished, and his offence laid and charged to have been committed in any county or place in which the principal offender may be tried.

XXV. And be it enacted, That in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with death, or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every acces

sary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term. not exceeding two years.

XXVI. And be it enacted, that where any person shall be The Court may convicted of any offence punishable under this act, for which order hard laimprisonment may be awarded, it shall be lawful for the bour or solitary Court to sentence the offender to be imprisoned, with or with- confinement for offences against out hard labour, in the common gaol or house of correction, this act. and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, as to the Court in its discretion shall seem

meet.

XXVII. And be it enacted, that where any offence As to offences punishable under this act shall be committed within the juris- committed at diction of the admiralty, the same shall be dealt with, inquired sea. of, tried, and determined in the same manner as any other offence committed within that jurisdiction.

XXVIII. And be it declared and enacted, that where the Rule of interhaving any matter in the custody or possession of any person pretation as to is in this act expressed to be an offence, if any person shall criminal posses have any such matter in his personal custody or possession, sion, and as to or shall knowingly and wilfully have any such matter in any to be defrauded. parties intended dwelling house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this act; and where the committing any offence with intent to defraud any person whatsoever is made punishable by this act, in every such case the word "Person" shall throughout this act be deemed to include his Majesty or any foreign prince or state, or any body corporate, or any company or society of persons not incorporated, or any person or number of persons whatsoever who may be intended to be defrauded by such offence, whether such body corporate, company, society, person or number of persons shall reside or carry on business in England or elsewhere, in any place or country, whether under the dominion of his Majesty or not; and it shall be sufficient in any indictment to name one person only of such company, society, or number of persons, and to allege the offence to have been committed with intent to defraud the person so named, and another or others, as the case may be.

XXIX. And be it enacted, that this act shall not extend to This act not to any offence committed in Scotland or Ireland.

extend to Scot

XXX. Provided always, and be it declared and enacted, land or Ireland; "but to apply to that where the forging or altering any writing or matter what- the forging or soever, or the offering, uttering, disposing of, or putting off uttering in Engany writing or matter whatsoever, knowing the same to be land docuforged or altered, is in this act expressed to be an offence, if ments purporting to be made,

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or actually made, out of England.

And to the forging or uttering in Eng. land bills of

exchange, promissory notes, bonds, &c. purporting to be payable out of England.

Repeal of
25 Edw. 3, s. 5,

c. 2.

any person shall, in that part of the United Kingdom called England, forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any such writing or matter, in whatsoever place or country out of England, whether under the dominion of his Majesty or not, such writing or matter may purport to be made or may have been made, and in whatever language or languages the same or any part thereof may be expressed, every such person, and every person aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of this act, and shall be punishable thereby in the same manner as if the writing or matter had purported to be made or had been made in England; and if any person shall in England forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any bill of exchange or any promissory note for the payment of money, or any indorsement on or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any undertaking, warrant, or order for the payment of money, or any deed, bond, or writing obligatory for the payment of money (whether such deed, bond or writing obligatory shall be made only for the payment of money, or for the payment of money together with some other purpose), in whatever place or country out of England, whether under the dominion of his Majesty or not, the money payable or secured by such bill, note, undertaking, warrant, order, deed, bond, or writing obligatory may be or may purport to be payable, and in whatever language or languages the same respectively or any part thereof may be expressed, and whether such bill, note, undertaking, warrant, or order be or be not under seal, every such person, and every person aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of this act, and shall be punishable thereby in the same manner as if the money had been payable or had purported to be payable in England.

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XXXI. And be it enacted, that 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 passed in the first year of the reign 1 Mar. s. 2, c. 6. of Queen Mary, intituled "An Act that the counterfeiting of 66 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 21 Jac. 1, c. 26. 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

5 Eliz. c. 14.

4 W. & M. c. 4,

"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 s.4. "the Country upon Actions and Suits depending in the Courts "of King's Bench, Common Pleas, and Exchequer at West"minster" 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 8 & 9 W. 3, c. making good the Deficiences of several Funds therein men- 20, s. 36. "tioned, and for enlarging the Capital Stock of the Bank of

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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 rasing any indorsement on any bank bill or note; and so much of an act passed in the seventh

year of the reign of Queen Anne, intituled "An Act for im- 7 Anne, c. 21, "proving the Union of the Two Kingdoms," as relates to coun- 5. 9. terfeiting her Majesty's Seals, appointed by the twenty-fourth 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 George the First, intituled "An Act to prevent 8 G. 1, c. 28, "the Mischiefs by forging Powers to transfer such Stocks or s. 1. "to receive such Annuities or Dividends as are therein men"tioned, or by fraudulently personating the true Owners thereof; "and to rectify Mistakes of the late Managers for taking Sub"scriptions 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 in the twelfth year of the same reign, intituled "An Act for better securing the Monies and Ef- 12 G. 1, c. 32, "fects of the Suitors of the Court of Chancery, and to prevent s. 9. "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 reign of King George the Second, intituled "An Act 2 G. 2, c. 25, "for the more effectual preventing and further Punishment of except s. 2. "Forgery, Perjury, and Subornation of Perjury, and to make "it Felony to steal Bonds, Notes, or other Securities for Pay"ment of Money," except so far as relates to perjury and subornation of perjury; and an act passed in the seventh year of

the same reign, intituled "An Act for the more effectual pre- 7 G. 2, c. 28. "venting 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

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"Warrants or Orders for Payment of Money or Delivery of "Goods;" and so much of an act passed in the fifteenth year 15 G. 2, c. 18, of the same reign, intituled "An Act for establishing an

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31 G. 2, c. 22, 99.77 & 78.

4 G. 3, c. 25, $. 15.

"Agreement with the Governor and Company of the Bank of "England for advancing the Sum of One million six hundred "thousand Pounds towards the Supply for the Service of the "Year one thousand seven hundred and forty-two," 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 much of an act passed in the thirty-first year of the same reign, intituled "An Act for granting to His Majesty several Rates "and Duties upon Offices and Pensions, and upon Houses, and 66 upon Windows or Lights; and for raising the Sum of Five "Millions by Annuities and a Lottery, to be charged on the "said Rates and Duties," as relates to any forgery or other capital 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 Go"vernor and Company of the Bank of England for raising "certain Sums of Money towards the Supply for the Service "of the Year one thousand seven hundred and sixty-four; "and for more effectually preventing the forging Powers to "transfer such Stock or receive such Dividends or Annuities 66 as are therein mentioned, and the fraudulent personating the "Owners thereof," as relates to any forgery or other capital felony therein mentioned; and an act passed in the thirteenth 13 G. 3, c. 79. year of the same reign, intituled "An Act for the more effectual preventing the forging of the Notes or Bills of the Governor "and Company of the Bank of England, and for the prevent"ing the obtaining a false Credit by the Imitation of the "Notes or Bills of the said Governor and Company;" and an 18 G. 3, c. 18. 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 Prin"cipal 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 27 G. 3, c. 43, the reign of King George the Third, intituled " An Act for

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"taking and swearing Affidavits to be made use of in the Court "of Session of the County Palatine of Chester, and for taking "of 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

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