R. B. as aforesaid, for one year, from, &c. until, &c. with intent to defraud the said R. S. against the form of the statute in such case made and provided, and against the peace, &c. (2d count.) That the said R. S. being an agent of the said society as aforesaid, and the said R. B. having made such insurance as aforesaid, the said W. H. on, &c. well knowing the premises aforesaid, with force and arms, at R. aforesaid, in the county aforesaid, feloniously did falsely make, forge, and counterfeit, and feloniously did cause and procure to be falsely made, forged, and counterfeited, and feloniously did willingly act and assist in the false making, forging, and counterfeiting, a certain receipt for money (s), whose tenor follows, that is to say, (set out the receipt and explain the import, and conclude as before,) with intent to defraud the said R. B. against the form of the statute, &c. and against the peace, &c. (3d count.) That the said R. S. being an agent of the said society as aforesaid, and the said R. B. having made such insurance as aforesaid, the said W. H. on, &c. well knowing the premises aforesaid, with force and arms, at aforesaid, in the county aforesaid, feloniously did utter and publish, as true, a certain false, forged, and counterfeited receipt for money, whose tenor follows, that is to say, (set out the receipt, its import, allege the publication, and conclude as in preceding count.)

140. Indictment for altering an accountable receipt, given by one of the clerks of the bank of England (t). That J. H. late of, &c. gentleman, on, &c. having in his custody and possession a certain accountable receipt

(s) In the original the purport is set out as in the first

count.

(t) R. v. Harrison, Leach, 215. The first four counts of this indictment are given in the C. C. A. 280. I have omitted the two first counts (upon which the prisoner was acquitted,) and which appear

to be vicious for averring, that the receipt, upon which the indictment is founded, purports to be a receipt given by one J. C. on behalf of the governor and company of the bank of England, since in fact it does not so purport, see p. 97, 98. The same objection applied to the third count,

for bank notes for payment of money, given on, &c. by J. C. who then was and still is clerk of the governor and company of the bank of England, for and on behalf of the said governor and company, to a certain corporation called The London Assurance, for divers bank notes then received by him the said J. C. from the said corporation called The London Assurance, for the said governor and company (the said last-mentioned bank notes being notes for payment of money, to wit, for the payment of the sum of two hundred and ten pounds), which said accountable receipt for bank notes for payment of money was then in the words, letters, figures, and cypher following, that is to say, "1777. June 16, bank notes, C. £210;" which said last-mentioned figures and cypher 210, did import, signify, and express two hundred and ten pounds; he the said J. H. on, &c. with force and arms, at, &c. feloniously did falsely alter (u), and feloniously did cause and procure to be falsely altered, and feloniously did willingly act and assist in the false altering, the principal sum of the said accountable receipt for the last-mentioned bank notes for payment of money, to wit, the said sum of two hundred and ten pounds, by feloniously and falsely making, forging, counterfeiting, and prefixing, and feloniously causing and procuring to be faisely made, forged, counterfeited, and prefixed, and feloniously and willingly acting and assisting in the false making, forging, counterfeiting, and prefixing, the figure 3 to the said figures and cypher 210, whereby the words, letters, figures, and cypher, "1777. ́

which I have ventured to al

ter.

The prisoner was convicted on the two counts inserted above, and also on similar counts, charging an intention to defraud the governor and company of the Bank of England and the London Assurance of houses and goods from fire. But it was doubted whether the st. 7 G. 2. c. 22. on which the counts were framed upon which

the prisoner had been found guilty, extended to corporations, and the prisoner was not executed.

The stat. 18 G. 3. c. 18. af terwards removed all doubt upon the subject. The offence is also prohibited by the stat. 45 G. 3. c. 89. See note, p. 490.

(u) See the observations, p、 91, 92.

June 16, bank notes, C. £210," together with the figure 3, so falsely made, forged, counterfeited, and prefixed as aforesaid, then did, and still do, import, signify, and express, that the said J. C. as clerk of the said governor and company of the bank of England, had, on, &c. received of the said corporation, called The London Assurance, bank notes for payment of money to the amount of the sum of three thousand two hundred and ten pounds, with intention to defraud the said corporation called The London Assurance, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity (r).

(2nd count.) That the said J. H. on, &c. with force and arms, at, &c. feloniously did utter and publish as true, a certain false, altered, forged, and counterfeited accountable receipt for bank notes for payment of money, which said last-mentioned false, altered, and forged accountable receipt for bank notes for payment of money was, and is, in the words, letters, figures, and cypher following, to wit, "1777. June 16, bank notes, C. £3210;" and which said last-mentioned false, altered, and forged accountable receipt, in the said words, let, ters, figures, and cypher, last mentioned, then did, and still doth, import, (aver the import as before) with intention to defraud the said corporation called The London Assurance (he the said J. H. at the time he so as aforesaid uttered and published, as true, the said last-mentioned false, altered, forged, and counterfeited accountable receipt for bank notes for payment of money, well knowing the same to be false, altered, forged, and counterfeited), against the form of the statute, &c. and against the peace, &c.

(r) The defendant is in this count specially charged with the alteration of the receipt, but he may, in such case, be

charged generally with the forgery of the whole. See Daw; son's case, p. 92.

141. Indictment for forging a will (s).

That S. L. widow, heir at law of Sir A. C. knight, deceased, on, &c. and long before, was, and still is (t), seized in her demesne as of fee of and in certain mesSuages and tenements, with the appurtenances, situate and being in, &c. as heir at law of the said A. C. who died seized thereof in his demesne as of fee; and that E. B. late of, &c. gentleman, and M. M. late of, &c. on, &c. with force and arms, at, &c. (as in pr. 136 to the *,) a certain paper writing, with a seal thereto affixed, purporting (u) to be the last will and testament of the said Sir A. C. deceased, and to be signed by the said Sir A. C. in his life-time with the name of A. C. and to be sealed and delivered by the said Sir A. C. in his life-time as and for his last will and testament (x); the tenor of which said false, forged, and counterfeited will in writing is as follows, that is to say," in the name of God, amen: I, A. C. &c." (set out the will,) with intent to defraud the said S. L. of the said messuages and tenements, with the appurtenances, against the form, &c. and against the peace, &c. (2nd count, inducement as in the first) and that the said E. B. and M. M. afterwards, to wit, on the said, &c. at, &c. aforesaid, a certain false, forged, and counterfeited paper writing, with a seal thereto affixed, purporting to be the last will and testament of the said Sir A. C. deceased, and to be signed by the said Sir A. C. in his life-time with the name of A. C. and to be sealed and delivered by the said

(s) Under the st. 2 G. 2. c. 25. and 45 G. 3. c. 89. vide supra, note, p. 490. This was the indictment used in the case of Birch and Martin, who were tried and executed for having forged Sir A. Chadwick's will. See Leach, 92, and p. 97.

(t) This inducement does not appear to be necessary under the above stat. since the crime of forgery is complete by the false making of the instrument, although from circum

Sir A. C. in his life-time as and for his last will and testament, with force and arms, feloniously did utter and publish as a true will in writing; the tenor of which said false, forged, and counterfeited will in writing is as follows, that is to say, (set out the will,) with intention to defraud the said S. L. of the said last-mentioned messuages and tenements, with the appurtenances, (they the said E. B. and M. M. at the time of the uttering and publishing of the said false, forged, and counterfeited will in writing by them as aforesaid, then and there well knowing (y) the same will to be false, forged, and counterfeited,) against the form, &c. and against the peace, &c. (3rd count, stating that the said Sir A. C. died seized, &c. without making a will, &c.) And the jurors, &c. that the said Sir A. C. knight, deceased, was in his life-time, to wit, on, &c. and long before, seized in his demesne as of fee of and in certain messuages and tenements, with the appurtenances, situate and being in, &c. and on, &c. at, &c. aforesaid, died so seized of and in the said messuages and tenements, with the appurtenances, without disposing thereof by his last will and testament to any person or persons whatsoever, whereby the said messuages and tenements, with the appurtenances, at the parish last aforesaid, upon the death of the said Sir A. C. descended and came to the said S. L. as the heir at law of the said Sir A. C. and that the said E. B. and M. M. afterwards, to wit, on, &c. (and proceed as in the first count.) (4th count, for uttering, with intent to defraud the person who would by law be intitled, &c. as in the last count, to the *, then allege the uttering, &c. as in the 2nd count.) With intention to defraud the person or persons who would by law be entitled to the aforesaid messuages and tenements, with the appurtenances, whereof the said Sir A. C. died so seized as aforesaid, (allege the guilty knowledge, and conclude as in the second count.)

(y) It was objected that the indictment should have alleged "and each of them

knowing," but the objection was over-ruled. East. P. C. 980.