but the provisions of those statutes on this subject are now repealed, and re-enacted in substance in the 11 Geo. 4 and 1 Wm. 4, c. 66.

By s. 20, "if any person shall knowingly and wilfully insert, or cause or permit to be inserted, in any register of baptisms, marriages, or burials, which has been or shall be made or kept by the rector, vicar, curate, or officiating minister of any parish, district parish, or chapelry in England, any false entry of any matter relating to any baptism, marriage, or burial, or shall forge or alter in any such register any entry of any matter relating to any baptism, marriage, or burial; or shall utter any writing, as and for a copy of an entry in any such register of any matter relating to any baptism, marriage, or burial, knowing such writing to be false, forged, or altered; or if any person shall utter any entry in any such register of any matter relating to any baptism, marriage, or burial, knowing such entry to be false, forged, or altered, or shall utter any copy of such entry, knowing such entry to be false, forged, or altered, or shall wilfully destroy, deface, or injure, or cause or permit to be destroyed, defaced, or injured, any such register or any part thereof; or shall forge or alter, or shall utter, knowing the same to be forged or altered, any licence of marriage; every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, nor less than two years."

On an indictment under this section, for uttering a forged copy of an entry in a marriage register, Park and Patteson, JJ., held that the judges could take judicial notice, that the parish of S., in the county of S., is a parish in England, and that the indictment need not aver that fact. Sharpe's case, 8 C. and P. 436 (a). See this case on another point, ante, p. 465.

And by s. 21, it is provided and enacted, "that no rector, vicar, curate, or officiating minister of any parish, district-parish, or chapelry, who [ *495] shall discover any error in the form or substance of the entry in the register of any baptism, marriage, or burial respectively by him solemnized, shall be liable to any of the penalties herein mentioned if he shall, within one calendar month after the discovery of such error, in the presence of the parent or parents of the child baptized, or of the parties married, or in the presence of two persons who shall have attended at any burial, or in the case of the death or absence of the respective parties aforesaid, then in the presence of the churchwardens or chapelwardens, correct the entry which shall have been found erroneous, according to the truth of the case, by entry in the margin of the register wherein such erroneous entry shall have been made, without any alteration or obliteration of the original entry, and shall sign such entry in the margin, and add to such signature the day of the month and year when such correction shall be made; and such correction and signature shall be attested by the parties in whose presence the same are directed to be made as aforesaid: Provided also, that in the copy of the register which shall be transmitted to the registrar of the diocese, the said rector, vicar, curate, or officiating minister shall certify the corrections so made by him as aforesaid."

And by s. 22, reciting, that whereas copies of the registers of baptisms,

(a) Eng. Com. Law Rep. xxxiv. 468.

marriages, and burials, such copies being signed and verified by the written declaration of the rector, vicar, curate, or officiating minister of every parish, district-parish, and chapelry in England where the ceremonies of baptism, marriage, and burial may lawfully be performed, are directed by law to be made and transmitted to the registrar of the diocese within which such parish, district-parish, or chapelry may be situated; it is enacted, "that if any person shall knowingly and wilfully insert, or cause or permit to be inserted, in any copy of any register so directed to be transmitted as aforesaid, any false entry of any matter relating to any baptism, marriage, or burial, or shall forge or alter, or shall utter, knowing the same to be forged or altered, any copy of any register so directed to be transmitted as aforesaid, or shall knowingly and wilfully sign or verify any copy of any register so directed to be transmitted as aforesaid, which copy shall be false in any part thereof, knowing the same to be false, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, nor less than one year."

By the 6 & 7 Wm. 4, c. 86, for registering births, deaths and marriages in England, (s. 43,) "every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any such register-book, or any part or certified copy of any part thereof, or shall falsely make or counterfeit, or cause to be falsely made or counterfeited any part of any such register-book, or certified copy thereof, or shall wilfully insert, or cause to be inserted in any register-book, or certified copy thereof, any false entry of any birth, death, or marriage, or shall wilfully give any false certificate, or *shall certify any writing to be a copy or extract of any regis- [ *496 ] ter-book, knowing the same register to be false in any part thereof, or shall forge or counterfeit the seal of the register-office shall be guilty of felony."

FORGERY OF STAMPS.

By 52 Geo. 3, c. 143, s. 7, "if any person shall, after the passing of this act, forge or counterfeit, or cause or procure to be forged or counterfeited, any mark, stamp, die, or plate, which, in pursuance of any act or acts of parliament, shall have been provided, made, or used, by or under the direction of the commissioners appointed to manage the duties on stamped vellum, parchment, and paper, or by or under the direction of any other person or persons legally authorized on that behalf, for expressing or denoting any duty or duties, or any part thereof, which shall be under the care and management of the said commissioners, or for denoting or testifying the payment of any such duty or duties, or any part thereof, or for denoting any device appointed by the said commissioners for the ace of spades, to be used with any playing cards, or shall forge or counterfeit, or cause or procure to be forged or counterfeited, the impression, or any resemblance of the impression, of any such mark, stamp, die, or plate, as aforesaid, upon any vellum, parchment, paper, card, ivory, gold, or silver plate, or other material, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchinent, paper, card, ivory,

gold, or silver plate, or other material, with any such forged or counterfeited mark, stamp, die, or plate, as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the duties, or any part of the duties, under the care and management of the said commissioners; or, if any person shall utter or sell, or expose to sale, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material, having thereupon the impression, or any such forged or counterfeited mark, stamp, die, or plate, or any such forged or counterfeited impression as aforesaid, knowing the same respectively to be forged or counterfeited; or, if any person shall privately or secretly use any such mark, stamp, die, or plate, which shall have been so provided, made or used, by or under such direction as aforesaid, with intent to defraud his Majesty, his heirs, or successors, of any of the duties, or any part of the duties, under the care and management of the said commissioners, every person so offending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy." As to the present punishment, vide ante, p. 471.

And by 55 Geo. 3, c. 184, s. 7, "if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any stamp, or die, *497] or any part of any stamp, or die, which shall have been provided, made, or used, in pursuance of this act, or in pursuance of any former act or acts, relating to any stamp duty or duties, or shall forge, counferfeit, or resemble, or cause or procure to be forged, counterfeited, or resembled, the impression, or any part of the impression, of any such stamp, or die, as aforesaid, upon any vellum, parchment or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper, with any such forged or counterfeited stamp or die, or part of any stamp or die as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the duties hereby granted, or any part thereof; or if any person shall utter, or sell or expose to sale, any vellum, parchment, or paper, having thereon the impression of any such forged or counterfeited stamp or die, or part of any stamp or die, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the same respectively to be forged, counterfeited or resembled, or if any person shall privately and secretly use any stamp or die, which shall have been so provided, made or used, as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the said duties, or any part thereof; or if any person shall fraudulently cut, tear, or get off, or cause or procure to be cut, torn, or got off, the impression of any stamp or die, which shall have been provided, made or used, in pursuance of that or any former act, for expressing or denoting any duty or duties, under the care or management of the commissioners of stamps, or any part of such duty or duties, from any vellum, parchment, or paper whatsoever, with intent to use the same for or upon any other vellum, parchment or paper, or any instrument or writing charged or chargeable with any of the duties thereby granted; then, and in every such case every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person or persons in committing any such offence as aforesaid, and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy." As to the present punishment, see ante, p. 471.

By the 3 & 4 Wm. 4, c. 97, s. 11, "whenever any vellum, parchment,

or paper shall be found in the possession of any person licensed to vend or deal in stamps, or who shall have been so licensed at any time within six calendar months then next preceding, such vellum, parchment, or paper having thereon any false, forged, or counterfeit stamp, mark, or impression, resembling or representing, or intended or liable to pass or be mistaken for any stamp, mark, or impression of any die, plate, or other instrument, which at any time whatever hath been, or shall or may be provided, made, or used, by or under the direction of the commissioners of stamps, for the purpose of expressing or denoting any stamp duty whatever, then, and in every such case, the person in whose possession such vellum, parchment, or paper shall be so found, shall be deemed and taken to have so had the same in his possession, with intent to vend, use, or utter the same, with such false, forged, or counterfeit stamp, mark, or impression thereon, unless *the contrary shall be satisfactorily prov- [ *498 ] ed; and such person shall also be deemed and taken to have such vellum, parchment, or paper so in his possession, knowing the stamp, mark, or impression thereon to be false, forged, and counterfeit, and such person shall be liable to all penalties and punishments by law imposed or inflicted upon persons vending, using, uttering, or having in possession false, forged, or counterfeit stamps, knowing the same to be false, forged, or counterfeit, unless such person shall, in every such case, satisfactorily prove that such stamp or stamps was or were procured by or for such person, from some distributor of stamps appointed by the said commissioners, or from some person licensed to deal in stamps, under the authority of this act."

By s. 12, "if any person shall, knowingly and without lawful excuse (the proof whereof shall lie on the person accused,) have in his possession any false, forged, or counterfeit die, plate, or other instrument, or part of any such die, plate, or instrument, resembling or intended to resemble, either wholly or in part, any die, plate, or other instrument, which at any time whatever hath been, or shall or may be provided, made, or used by, or under the direction of the commissioners of stamps, for the purpose of expressing or denoting any stamp duty whatever; or, if any person whatever shall, knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any vellum, parchment, or paper, having thereon the impression of any such false, forged, or counterfeit die, plate, or other instrument, or part of any such die, plate, or other instrument, as aforesaid, or having thereon any false, forged, or counterfeit stamp, mark, or impression, resembling or representing, either wholly or in part, or intended or liable to pass or be mistaken for the stamp, mark, or impression of any such die, plate, or other instrument, which hath been, or shall or may be so provided, made, or used as aforesaid, knowing such false, forged, or counterfeit stamp, mark, or impression, to be false, forged, or counterfeit, or if any person shall fraudulently use, join, fix, or place for, with, or upon any vellum, parchment or paper, any stamp, mark, or impression, which shall have been cut, torn, or gotten off, or removed from any other vellum, parchment, or paper; or if any person shall fraudulently erase, cut, scrape, discharge or get out of or from, any stamped vellum, parchment, or paper, any name, sum, date, or other matter or thing thereon written, printed, or expressed, with intent to use any stamp or mark then impressed or being upon such vellum, parchment, or paper, or that the same may be used for any deed, instrument, matter or thing,

in respect whereof any stamp duty is, or shall or may be, or become payable; or, if any person shall knowingly use, utter, sell, or expose to sale, or shall knowingly, and without lawful excuse (the proof whereof shall lie on the person accused,) have in his possession, any stamped vellum, parchment, or paper, from or off, or out of which any such name, sum, date, or other matter or thing as aforesaid, shall have been fraudulently erased, cut, scraped, discharged, or gotten as aforesaid, then, and in every such [ *499 ] case, every person so offending, and every *person knowingly and wilfully aiding, abetting, or assisting any person in committing any such offence, and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, nor less than two years."

Proof of the intent.] It was held, on an indictment under the 13 Geo. 3, c. 52, s. 14, and the 39 Geo. 3, c. 69, s. 7, for unlawfully transposing the mark of the Goldsmiths' Company from one gold ring to another, that it did not require any fraudulent intent to be proved, in order to bring the party within the statutes, there being no words in the statutes to that effect. Ogden's case, 6 C. and P. 631 (a).

Variance.] Upon an indictment for removing, from one silver kneebuckle to another, certain stamps, marks, and impressions; to wit, the King's head, and the lion rampant, on producing the knee-buckle in evidence, it appeared that the lion was a lion passant, and not a lion rampant; and this was held to be a fatal variance. Lee's case, 1 Leach,

416.

For forging the stamp denoting the duty to have been paid on paper, pasteboard, &c. see the 1 Geo. 4, c. 48, s. 13; forging the stamp on linens, calicoes, stuffs, &c., the 10 Anne, c. 19, s. 97; 13 Geo. 3, c. 56, s. 5; forging the stamp on cambrics, 4 Geo. 3, c. 87.

FORGERY OF OTHER PUBLIC DOCUMENTS.

There are a great variety of statutes containing enactinents against the forging of public documents of various kinds. A reference to the principal of these is all that can be given in the present work.

Forgeries relating to the navy and army.] 11 Geo. 4 and 1 Wm. 4, c. 20, for amending and consolidating the laws relating to the pay of the royal navy. See also 57 Geo. 3, c. 127; 10 Geo. 4, c. 26; 23 Geo. 3, c. 50, forging name of paymaster of the forces. 47 Geo. 3, Sess. 2, c. 25, s. 8, forging names of persons entitled to pay, or pensions. 54 Geo. 3, c. 86, s. 8, altering names in prize lists. 7 Geo. 4, c. 16, false certificate or representation as to Chelsea Hospital; s. 38, false personation of officers and soldiers entitled to pay; forging their names, &c. 46 Geo. 3, c. 45, s. 9, forging name of treasurer of the ordnance. 54 Geo. 3, c. 151, forging name of agent general of volunteers. 2 & 3 Vict. c. 51, forging docu

(a) Eng. Com. L. Rep. xxv. 590.