On 2 Geo. II. c. 25. and 45

89. for for

a receipt

for payment of

First count

Second

count for attering.

order, then and there, to wit, on the said, &c. at, &c. aforesaid, well knowing the same to be false, forged, and counterfeited, against the form of the statute, &c. and against the peace, &c. [The 5th, 6th, 7th, and 8th counts like the four first,] laying the intention to be to defraud J. I. then and there being the treasurer of the London Dock Company. [The 9th, 10th, 11th, and 12th counts like the first four.]

That A. B. late of, &c. on, &c. at, &c. aforesaid, feloniously did falsely make, forge, and counterfeit, and cause and procure to be Geo. III. c. falsely made, forged, and counterfeited, and willingly act and asging and sist in the false making, forging, and counterfeiting a certain acpublishing quittance and receipt for money, to wit, for the sum of three pounds and three shillings, in the words, letters, and figures folmoney. (u) lowing, that is to say, August the 26th 1781, received of Mr. J. [1077] B. for Moustone Quarry, the full sum of three pounds three shilfor for- lings, received by me, T. F." with intention to defraud T. B. of, ging. &c. against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said J. B. afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, a certain false, forged, and counterfeited acquittance and receipt for money, to wit, for the sum of three pounds and three shillings, feloniously did utter and publish as true, which said last-mentioned false, forged, and counterfeited acquittance and receipt is in the words, letters, and figures following, that is to say, [here set out the receipt again,] with intention to defraud the said T. B. of, &c. aforesaid, he the said J. B. at the time when he so uttered and published the said last-mentioned false, forged, and counterfeit acquittance and receipt, well knowing the same acquittance and receipt so by him uttered and published, to be false, forged, and counterfeited, against the form of the statute, &c. and against the peace, &c.

For forgThat on, &c. there was and ever since hath been and now is, a ing a re- certain society, corporation, and company of persons during all ceipt of the

sun fire of fice society. (w)

(u) See similar precedents, Cro. C. C. 225. Starkie, 495. As to the offence, &c. see ante 1022* to *1044.

(w) On 2 Geo. II. c. 25. extended

to corporations by 31 Geo. II. c. 21. s. 78. and re-enacted by 45 Geo. IIL c. 89. See similar precedents, Cro C. A. 274. Starkie, 498.

R. S. the a

the time aforesaid, known by the name of the Society of the Sun Fire Office, in London, and that the said society during all the Firstcount for forging time aforesaid, were and are a certain company and corporation of with intent persons associated together in co-partnership, for the purpose of to defraud insuring houses, and other buildings, goods, wares, and merchan- gent to the dizes from loss and damage by fire, upon certain terms and condisociety. tions agreed upon between the said society and the persons making such insurances, and in consideration of certain sums of money paid by persons making and continuing such insurances to the said society as premiums or rewards for such insurances, to wit, at Reading in the said county of Berks; and that on, &c, one R. B. of Reading aforesaid, grocer, had caused the household goods and furniture of him the said R. B. in his then and now dwellinghouse, situate in Reading aforesaid, to be insured by the said society from loss or damage by fire, not exceeding the sum of one hundred pounds, the utensils and stock of the said R. B. therein and in the warehouse under the same roof to be insured by the said society from loss or damage by fire, not exceeding the sum of seventeen hundred and seventy pounds, and three tenements of the said R. B. adjoining, in Reading aforesaid, then in the tenure of H. C. and others, *labourers, to be insured by the said society [*1078} from loss or damage by fire, not exceeding the sum of one hundred and thirty pounds, upon certain terms and conditions then agreed upon between the said R. B. and the said society, to wit, at, &c. aforesaid; and the jurors aforesaid, upon their oath aforesaid, do further present, that R. S. late of, &c. on, &c. and for six months and more before that time, and continually from thence until the day of the taking of this inquisition, was an agent of the said society, intrusted by the said society to receive for the use of the said society, monies paid to the said R. S. as an agent of the said society, for the use of the said society as and for premiums and rewards for such insurances made and continued by the said society, to wit, at, &c. aforesaid. And the jurors, &c. do further present, that W. H. late of Reading aforesaid, gentleman, on the said second day of October in the twenty-first year aforesaid, well knowing the premises, with force and arms at Reading aforesaid, in the said county of Berks, did falsely make, forge, and counterfeit, and feloniously did cause and procure to be falsely made, VOL. IN

50

forged, and counterfeited, and feloniously did willingly act and assist in the false making, forging, and counterfeiting a certain receipt for money, purporting to be a receipt given to the said R. B. for the sum of three pounds and eighteen shillings, received from the said R. B. for the use of the said society by the said R. S. as the agent of the said society, as and for a premium and reward paid by the said R. B. to the said R. S. as the agent of the said society for the use of the said society, for the continuance of the said insurance made by the said R. B. as aforesaid, for one year, from, &c. until the twenty-ninth day of September, in the year of our Lord one thousand seven hundred and eighty-two, which said false, forged, and counterfeit receipt for money, so falsely made, forged, and counterfeited as aforesaid, is in the words, letters, figures, and cyphers following, to wit, "Pol. No. 374, 382. at 31. 188. per annum, rect. No. 47,230. Received of Mr. R. B. the sum of three pounds eighteen shillings, for one year's insurance in the Sun Fire Office, London, from Michaelmas last to Michaelmas next, by us the members of the said office, the second day of October, 1781. H. P. F. P., witness, R. S." and which said false, forged, and counterfeited receipt for money, in the said words, letters, figures, and cyphers at the time of falsely making, forging, and counterfeiting the same, did and still doth import and signify, that the said R. S. had on the said, &c. received as the agent of the said society for the use of the said society, the sum of three pounds and eighteen shillings from the said R. B., as a premium and reward for the continuance of the said insurance so made by the said R. B. [*1079] as aforesaid, for one year, from the* said, &c. until the said twenty-ninth day of September, in the said year of our Lord one thousand seven hundred and eighty-two, with intent to defraud the said R. S. against the form of the statute, &c. and against the peace, &c. [Second count for uttering and publishing with a like intent. Third count like the first, for forging with intent to defraud R. B. the person from whom the prisoner received the money. Fourth like the second, laying the intent as in the third.]

*FALSE PERSONATING.

[1081]

PRELIMIMARY NOTES.

The Offence of false personating, which is punishable under se Offence: veral statutes, is nearly allied to forgery. At common law, it was, at all events, indictable only as a cheat, and punishable as a misdemeanor. Indeed, most of the cases in which it has been holden to be indictable, have been those, in which conspiracy formed the principal ingredient. Thus, where it was holden criminal for two persons to marry under feigned names for the purpose of raising a specious title to an estate, the conspiracy between them. was the git of the charge, Leach, 37. So that at the present day, the simple offence of personating another with intent to defraud, rests chiefly on legislative provision.

The personating of bail, which seems an offence against public justice, has been provided against by 21 Jac. 1. c. 26. s. 2. and 4 and 5 W. and M. c. 4. s. 4. The first of these statutes makes it felony without benefit of clergy "to acknowledge or procure to be acknowledged, any fine, recovery, deed enrolled, statute, recognizance, bail, or judgment, in the name or names of any person or persons, not privy or consenting to the same," with a proviso, that the act shall not extend to any judgment acknowledged by any attorney of record, for any person, against whom any such judgment shall be given. But this act extended only to bail taken in the courts themselves, 4 Bla. Com. 128. so that if the bail acknowledged in another's name, was not filed, the offence was a misdemeanor only. And, therefore, the 4 and 5 W. and M. c. 4. which authorizes bail to be taken by commissioners in the country, and by any judge on his circuit, makes it a single felony for any one, before a person empowered by virtue of that act to take bail to represent or personate any other person, whereby the person so represented and personated, may be liable to the payment of any sum of money, for debt or damages to be recovered in the same suit or action, wherein such person is represented and

[*1082]

same."

personated, as if he had really acknowledged or entered into the And the 27 Geo. III. c. 43. extends the same provision to the taking special bail in Chester. Still, however, the mere personating bail before a judge, in Chambers, which is not filed of record, appears to be a misdemeanor only, 1 Hale, 696. 2 Sid. 90. And if bail be put in under feigned names, there being no such persons to be defrauded, it is no felony, though the defendants may be sentenced to the pillory, or such lighter punishment as the court may think proper to inflict, 1 Stra. 384.

The case of personating the proprietors of the stock of the bank or other public companies, is provided for by the several statutes which protect its transfer from forgery. Of this kind are 8 Geo. I. c. 22. s. 1. 31 Geo. II. c. 22. s. 77. and 4 Geo. III. c. 25. s. 15. which we have noticed already, [ante 1023,* 4.*] For the terms of these statutes it will appear that it is not necessary to constitute the offence that the fraud should be completed. Thus by 31 Geo. II. c. 22. s. 77. which we have seen extends not only to companies already established, but to all the legislature might in future sanction. It is made felony without benefit of clergy, "falsely and deceitfully to personate any true and real proprietors of the said shares, in stock annuities and dividends, or any of them, or any part thereof, and thereby transferring or endeavouring to transfer the stock, or receiving, or endeavouring to receive the money of such true and lawful proprietor, as if such offender were the true and lawful owner thereof." As to what under this act shall be considered as an endeavouring to receive the money of a proprietor of stock, it has been holden that if a defendant personate a proprietor of stock, and having in his name procured a dividend warrant, his offence is complete, though he never made any further attempt to obtain the money on the instrument so obtain. ed, but was apprehended in another part of the bank, before he had taken any further steps to execute his design, 1 Leach, 434.

We have seen the regulations made respecting the forgery of documents relative to seamen, for the purpose of obtaining their prize money or wages, ante 1030.* And by 31 Geo. II. c. 10. s. 24. it is enacted, that "whosoever willingly and knowingly shall personate or falsely assume the name or character of, or procure any other to personate or falsely to assume the name or character of any officer, seaman, or other person entitled, or supposed to be entitled to any wages, pay, or other allowances of money, or prize