Page images
PDF
EPUB

(4th Count.) Feloniously did dispose of and put away (n), a certain false, forged, and counterfeited pro

receipt for any note, bill, or hereby made, enacts, that if other security for payment of any person or persons shall money, or any warrant or order falsely make, forge, counterfor payment of money or deli- feit or alter, or cause, or provery of goods, with intent to cure to be falsely made, coun. defraud any person whatsoe- terfeited, or altered, or willver, (and by stat. 18 G. 3. c. ingly act or assist in the false 18. with intent to defraud any inaking, forging, counterfeitcorporation,) or shall utter or ing, or altering, any deed, publish as true, any false, al- will, testament, bond, writing tered, forged, of counterfeited obligatory, bill of exchange, acceptance of any bill of ex- promissory note for payment change, or accountable re- of money, indorsement, or asceipt, for any note, bill, or signment of any bili of exother security for payment change or promissory note for of money, or warrant or order payment of money, acceptance for payment of money, or de- of any bill of exchange, or any livery of goods, with intention acquittance or receipt, either to defraud any person (or cor- for money or goods, or auy acporation) knowing the same to countable receipt for any note, be false, altered, forged, or bill, or other security for paycounterfeited, then every such ment of money, or any warperson being thereof lawfully rant, or order for payment of convicted, shall be deemed money, or delivery of goods, guilty of felony without bene- with intention to defraud any fit of clergy.

person or persons, body or boIn the stat. 7 G. 2. there is dies politic or corporate whatno express saying of corrup- soever, or shall offer, dispose tion of blood, as in the others, of, or put auny, any false, and by s. 4. of the stat, 2 G. 2. forged, counterfeited, or alterC. 25. the act is not to extend ed deed, will, testament, boud, to Scotland.

writing obligatory, bill of exThe st. 45 G. 3. C. 89. after change, promissory note for noticing the st. 2 G. 2. c. 25. payment of money, indorse7 G. 2. c. 22. 31 G. 2. c. 22. ment, or assignment, of any 15 G. 2. c. 22. 41 G. 3. c. 39. bill of exchange, or promissory and reciting that it is expe- note for payment of money, dient that such provisions acceptance of any bill of exshould extend and be in force change, acquittance, or receipt, in every part of Great Britain, either for money or goods, acwith such alterations and countable receipt for any note, amendments therein, as are bill, or other security for pay

inte is as followmentioned faint of money

missory note for the payment of money, the tenor of which said last-mentioned false, forged, and counterfeited note is as followeth, that is to say, (note as before,) with intent to defraud the governor and company of the bank of England, he the said J. B. at the said tince of his so disposing of and putting away the said last-mentioned false, forged, and counterfeited note, then and there, to wit, on, &c. at, &c. well knowing the same last-mentioned note to be false, forged, and counterfeited, against the form, &c. and against the peace, &c.

(5th Count.) Feloniously did forge and counterfeit a certain other bank note, the tenor of which said lastmentioned forged and counterfeit bank note is as followeth, that is to say, (note as before,) with intent to defraud one J. S. against the form, &c. and against the peace, &c.

(6th Count.) Feloniously did dispose of and put away, a certain other forged and counterfeited bank note, the tenor of which said last-mentioned forged and counterfeited bank note is as followeth, that is to say, (note as before,) with intent to defraud the said J. S. be the said J. B. at the time of his so disposing of and putting away the said last-mentioned forged and counterfeit bank note, then and there, to wit, on, &c. well knowing such last-mentioned nute to be forged and counterfeited, against the form, &c. and against the peace, &c.

(7th Count.) Feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging and counterfeiting a certain other promissory note for the payment of money, the tenor of which said last-mentioned forged and counterfeited note is as followeth, that is to say, (note as before,) with intention to defraud the said J. S. against the form, &c. and against the peace, &c.

ment of money, warrant, or and being thereof lawfully conorder, for payment of money, victed, according to the due or delivery of goods, with in- course of law, shall be deemed tention to defraud any person guilty of felony, and shall suf. or person, body or bodies po- fer death as a felon, without litic or corporate, knowing the benefit of clergy. same to be false, forged, coun- (n) See the stat. 45 G. 3. terfeited, or altered, then every c. 89. in the preceding note. person or persons so offending,

(8th Count.) Feloniously did dispose of and put away, a certain other false, forged, and counterfeited promissory note for payment of money, the tenor of which said last-mentioned false, forged, and counterfeited note is as followeth, that is to say, (note as before,) with inten. tion to defraud the said J. S. the said J. B. at the said time of his so disposing of and putting away the said last-mentioned false, forged, and counterfeited vote, then and there, to wit, on, &c. well knowing the same last-mentioned note to be false, forged, and counterfeited, against the form, &c. and against the peace, &c.

135. For having in possession forged bank of England notes

without lawful excuse, knowing the same to be forged (0).

(Commencement as in pr. 1.) Feloniously, knowingly, and wittingly, and without lawful ercuse, had in his possession and custody, divers forged and counterfeited bank notes, that is to say, one-forged and counterfeited bank note, the tenor of which said forged and counterfeited bank note is as followeth, that is to say, (here the note is set out), and one other forged and counterfeited bank note, the tevor of which said last-mentioned forged and counterfeited bank note is as followeth, that is to say, (here the other note is set out,) he the said A. B. then and there, to wit, on, &c, at, &c. well knowing the same notes

(o) See the stat. 41 G. 3. house, lodgings, or apartment, c. 39. supra. By the stat. 45 any forged or counterfeited G. 3. c. 89. s. 6. it is enact- bank note, bank bill of exed, that if any person or per- change, or bank post bill, or sons shall purchase, or re- blauk bank note, blank bank ceive from any other person or bill of exchange, or blank persons, any forged or coun- bank post bill, knowing the terfeited bank note, bank bill same to be forged and counof exchange, bank post bill, or terfeited, without lawful exblank bank note, blank bank cuse, (the proof whereof shall bill of exchange, or blank bank lie upon the person accused,) post bill, knowing the same to every person or persons so of.. be forged or counterfeited, or fending, and being thereof shall knowingly or wittingly convicted according to law, have in his, her, or their pos- shall be adjudged a felon, and session or custody, in his, her, shall be transported for the or their dwelling-house, out- terın of 14 years.

to be forged and counterfeited, against the form of the statute, &c. and against the peace, &c.

(2nd Count.) Feloniously, knowingly, wittingly, and without lawful excuse, had in his possession and custody a certain other forged and counterfeit bank note, the tenor of which said last-mentioned forged and counterfeited bank pote is as followeth, that is to say, (the first note in the preceding count is here set out again,) he the said A. B. then and there, to wit, on, &c. at, &c. well knowing the same last-mentioned note to be forged and counterfeited, against the form of the statute, &c. and against the peace, &c.

156. Indictment for forging, 8c. a bill of exchange, an ac

ceptance thereof, and an indorsement thereon. (Comm. as in pr. 1.) (a) Feloniously did falsely muke, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in ihe false making, forging, and counterfeiting, * a certain bill of exchange; the tenor of which said false, forged, and counterfeited bill of exchange is as follows, that is to say (b), No. £54. 15. Bristol, America, 171h Sept. 1797.

Three months after sight pay to Messrs, S. R. and Sou, or order, fifty four pounds one shilling, value received.

A. M. To Mr. R. G. Old Change,

London. with intention (c) to defraud A. S. against the form, &c. and against the peace, &c.

(Second count for uttering, &c. (d).) Feloniously did utter and publish as true a certain false, forged, and counterfeited bill of exchange; which said last-mentioned false, forged, and counterfeited bill of exchange is as fol. lows, that is to say, (set out the bill as before, with intention to defraud the said A. S. (he the said A. B. at the said time he so uttered and published the said lastmentioned false, forged, and counterfeited bill of ex

(a) See the stat. 2 G. 2. c. 25. 7 G. 2. c. 22. 45 G. 3. C. 89. p. 489, 490.

(b) See p. 39.

(c) See p. 103.

(d) See the st. 2 G. 2. c. 25. 45 G. 3. c. 89. see p. 489, 490.

change as aforesaid, then and there, to wit, on, &c. at, &c. well knowing the same to be false, forged, and coun terfeited, against the form, &c, and against the peace, &c.

(Third count (e) for forging an acceptance.) That the said A. B. having in his possession a certain other bill of exchange (f), whose tenor follows, that is to say, (set out the bill,)* on, &c. with force and arms, at, &c. feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, on the said last-mentioned bill of exchange,** an acceptance of the said last-mentioned bill of exchange, to the tenor following, that is to say, Accepted, R. G. Nov. 13th, with intent to defraud the said A. S. against the form, &c. and against the peace, &c.

(Fourth count, for uttering a forged acceptance, as in the last count to the *.} On which said last-mentioned bill of exchange was written a certain false, forged, and counterfeited acceptance of the said last-mentioned bill of exchange, whose tenor follows, that is to say, accepted, R. G. Nov. 13th, on, &c. with force and arms, at, &c. feloniously did utter and publish as true the said last-mentioned false, forged, and counterfeited acceptance of the said last-mentioned bill of exchange, with intent to defraud the said A. S. (he the said A. B. at the time of uttering and publishing as true the said last-mentioned false, forged, and counterfeited acceptance of the said last-mentioned bill of exchange, then and there, to wit, on, &c. at, &c. well knowing the said last-mentioned false, forged, and counterfeited acceptance to be false, forged, and counterfeited, against the form, &c. and against the peace, &c.

(Fifth count, for forging an indorsement, fc. as in the third count to the **.) an indorsement (g) of the said last

(e) See the stat. 45 G. 3. much more concise. It does C. 89. vide supra, p. 490. not appear to be absolutely

) It is usual, in a count essential to set out the whole of this kind, first to aver the of the bill, since the acceptdate, direction, and other cir- ance only is alleged to have cumstances of the bill, and been forged. See p. 95, 6. then to set it out, but the first (g) See p. 100. R. v. Biggs, averments seem to be super- 3 P. Wms. 419. See the stat. Auous, and the above form is p. 489, 490.

« PreviousContinue »