Forging Certificates mentioned in the Act for Abolition of Slave Trade.

5 Geo. IV. c. 113, s. 10.

Forging the Asssy Marks on Gold and Silver Plate.

13 Geo. III. c. 59, s. 2; 38 Geo. III. c. 69, s. 7; 24 Geo. III. sess. 2, c. 50, s. 16.

As to the punishment of death for forgery, it is provided by 11 Geo. IV. and 1 Will. IV. c. 66, ss. 1, 26, that in all cases in which by preceding statutes as to forgery, the punishment of death is inflicted, that of transportation for life, or not less than seven years, or imprisonment, with or without hard labour and solitary confinement, for not more than four nor less than two years, shall be substituted, unless where death is provided by that act.

And now, by 2 & 3 Will. IV. c. 123, where any person shall be convicted of any offence for which the act of 11 Geo. IV. and 1 Will. IV. c. 66, enjoins or authorises the punishment of death, the person so convicted of any such offence, or of procuring, or aiding or assisting in the commission thereof, shall not suffer death or have sentence of death awarded against him, but shall be transported beyond the seas for the term of such offender's life.

Proviso, that this act shall not affect or alter the existing law so far as the same may authorise the punishment of death to be inflicted upon any person convicted of forging or altering, or of offering, uttering or disposing of, knowing the same to be forged or altered, any will, testament, codicil, or testamentary writing, with intent to defraud any body corporate or person whatsoever, or of forging or altering, or of uttering, knowing the same to be forged or altered, any power of attorney or other authority to transfer any share or interest of or in any stock, annuity or other public fund, which now is or hereafter may be transferable at the Bank of England or South Sea House, or at the Bank of Ireland,

or to receive any dividend payable in respect of any such share or interest, with intent to defraud any body corporate or person whatsoever, or of procuring, aiding or assisting in the commission of any of the said offences.

And by 3 & 4 Will. IV. c. 44, s. 3, all persons punishable under the 2 & 3 Will. IV. by transportation for life, shall be liable previously to their being transported, in case the court shall think fit, to be imprisoned, with or without hard labour, in the common gaol or house of correction, or to be confined in the penitentiary, for any term not exceeding four years nor less than one year.

59. False Personation.

The offence of personating another, for the purpose of fraud, is a misdemeanor at common law.-2 East, P. C. 1010.

By 5 Geo. IV. c. 107, s. 5, personating a soldier, seaman, &c., in order fraudulently to receive the wages due to him, is a misdemeanor, punishable with transportation for life or for any term not less than seven years, or imprisonment, with or without hard labour, in the common gaol or house of correction, for any term not exceeding seven years.

By 11 Geo. IV. and 1 Will. IV. c. 66, s. 7, falsely personating an owner of Bank of England or South Sea Stock, or capital stock of a body corporate or society established by charter or act of parliament, or an owner of a dividend, and thereby endeavouring to transfer his share or to receive any money due to him, is felony, and punishable with transportation for life or for a term not less than seven years, or imprisonment for a term not exceeding four nor less than two years.

Sect. 25, as to accessaries, and 26, as to the mode and place of imprisonment, (vide sup. 206,) apply to this offence.

By same act, sect. 11, acknowledging recognizances or bail, or any fine, recovery, cognovit, judgment, or deed to be enrolled in the name of any person not privy or consenting to the same, is felony, and punishable with trans

portation for life or for any term not less than seven years, or imprisonment for any term not exceeding four nor less than two years.

Sect. 25, as to accessaries, and 26, as to the mode and place of imprisonment, (vide sup. 206,) apply.

CHAPTER XVI.

OF THE MEANS OF PREVENTING OFFENCES.

1. Recognizances to keep the Peace.

THIS security consists in being bound with one or more securities in a recognizance or obligation to the king entered on record; whereby the parties acknowledge themselves indebted to the crown in a certain sum, with condition to be void if the party shall appear in court on such a day, and in the mean time shall keep the peace; either generally towards the king and all his liege people, or towards them generally, and particularly also towards the person who craves the security.-4 Bl. C. 252; 2 Barn. & Ald. 278.

Any justice of the peace may, ex officio, bind by such surety of the peace all those who in his presence make any affray or angry contention, and such as are brought before him by the constable for a breach of the peace in his presence. -4 Bl. C. 254; Ibid.

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And wherever any man under the king's protection has just cause to fear that another will burn his house or do him corporal injury, &c. every justice of the peace is bound to grant such surety of the peace, if he who demands it will make oath that he is actually under fear of death or bodily harm, and show that he has just cause to require the surety, and swear that he does not require it out of malice or for vexation. This is called swearing the peace against another.-Ibid. 255; 1 Hawk. c. 60, s. 6.

Wives may demand it against their husbands, and husbands against their wives.-4 Bl. C. 254.

Feme coverts and infants under age ought to find security by their friends only, and not to be bound themselves.Ibid.

If the party called upon to find sureties fail to do so, he may immediately be committed till he does.-4 Bl. C. 255; 2 Barn. & Ald. 278.

The recognizance for keeping the peace, if taken by a justice of the peace for appearance at the sessions, must be certified to the next sessions, that the party may be called; and if he make default, the default shall be recorded; and the recognizance, with the record of the default, shall be sent and certified into the Chancery, King's Bench or Exchequer.-3 Hen. VII. c. 1.

But a justice has power, if he thinks fit, to take a recognizance for keeping the peace for some limited period, for example, two years, and is not bound to take it for appearance at the next session and keeping the peace in the mean time.-2 Bar. & Ald. 278.

The party requiring the surety may apply at once to the court of quarter sessions; and this is the usual and best course when that court is sitting.-Chitty's Burn," Surety of the Peace."

A recognizance may be discharged either by the demise of the king, to whom the recognizance is made, or by the death of the principal party bound thereby, (if not before forfeited,) or by order of the court to which the recognizance is certified, if they see sufficient cause; or in case he at whose request it was granted, (if granted upon a private account,) will release it, or does not make his appearance to pray that it may be continued.

If the condition of the recognizance is broken by the party bound, the recognizance becomes forfeited; and being estreated (or extracted from among the other records) and sent up to the Exchequer, the party and his sureties become liable to be sued as the king's absolute debtors.

The course of proceeding on forfeited recognizances is regulated by 3 Geo. IV. c. 46, s. 5, and 7 Geo. IV. c. 64, s. 31.

The Court of King's Bench has also jurisdiction (upon motion) to bind over to keep the peace; but will not do so if the parties live at a distance in the country, unless they